THE DAILY BEE FRIDAY , MAY } , 1885.
< THE DAILY BEEf
MAHA Oinoi Ho. n4 urn n *
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nrao. _ _
! t li4 riry mornUt ,
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. .110.00 I Thm MonttU . I JM
an .I. 1.00 I On. U.nlh .
tin Wwkly Be , PobUhted every W dnwdr
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n. T r , wlthtral premium . * JJ
Bll Honlh * . wllhoul premium . ! j
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An Bailnetf UtUn nd lUmltUneM
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Jdntlttl 10 THi BU rnttUBIIIt OOIUAMT , OM1BA.
BUSrObJSi nd Port office ordert to b. m d. PV
tkl < W ) tb. order ol Ib. ot p ny.
THE BEE PUBLISHING CO , , PfQDS ,
K. BOSEWATEIl , EDITOR ,
A. H. Fitch , MuiftRer D ily Circulation ,
p , Q. Pot , J88 Omaha , Neb.
OMAUA want" an exposition , and not a
district fair.
TliE IlussUn baar has his bopgago
checked through to Herat , and It will
got thora unlosi n collision occurs.
f
i THEUE Is a good deal of cutiosity
omong the Kentuckians to know who is
to bo the now postmaster at Nasby's
Confedrlt X Roads.
COUNCILMAN JOIIN B. FUBAY la not
likely to crawl into a mouse halo because
Dr. Miller threatona to mop the floor with
him , politically speaking.
TUB paved streets and olloys of Omaha
i
v il are now kept clean , but the nnpaved
[ alleys tra in a very bad oondiHon , owing
to a long accnmnlition of filth. They
should bo cleaned at once.
WE arc constantly receiving communi
cations that arc not signed with the
nanioB of the writer * . Suoh communica
tions will receive no attention at our
hands. Wo must know the nome of the
writer of every letter that la intended
for publication.
SENATOR VAN WYCK'S urgent romon
atranco against the further continuance
of fences on the public domain has al
ready had the desired effect. The general -
oral land commissioner has ordered the
United States district attorneys to insti
tute ejectment suits against all parties
violating the now anti-fence law , -which
la a big improvement on the law in that
It Is'moro stringent and enables the gov
ernment to proaecuto a suit to the end in
ranch shorter tlmo.
Mn. WYMAN left so muchmonoy in the
treasury under a republican system of
jobbing tariff and other forma of tcxa-
tion that it will take throe weeks to
count it. Ilernld.
One would think that It was discredit
able in Mr. Wyman to have loft any
money in tno treasury. The last demo
cratic accrotary of the treasury , Howell
Oobb , boasted in a public speech within
twenty days after he got out of office
that there was no money In the treasury
for the Liner Inites , and that ho did not
try to have any there for them.
THE Herald Ukes notice of a plot
which connects itself with a certain jn-
diclal proceeding to defeat Mayor Boyd'a
appointments. Mr. District Attorney
Estollo will probably govern himself ac-
cordlnRly. Herald.
Wherein does any plot , whether real or
imaginsr/ , connect the judicial proceed
ings In our courts with the proceedings
of our city council in dealing with Mayor
Boyd'a appointments. la not this an at
tempt to bnll-doza and intimidate mem
bers of the council ? This thing of hold
ing a club over the hoadi of men Is a
dangerous experiment.
THE Herald servos notice upon Dis
trict Attorney Eatello that ho must bting
to trial certain particawho woio indictee
for malfeasance in office. If this was
done simply In the interest of good gov
ernment and without inallco wo ahonlc
cheerfully join in the request. It la duo
to the men who wore indicted , na well as
to the city , that they should have a
speedy and fair trial. There has already
been too much spite-work and too much
political chicanery In connection with
this matter. Oar courts of justice shoulc
not bo turned Into partisan mills to grim
out political grist for or against anybody
IT so happened that when the build
ings fell In Now York recently , a bll
was pending before the legislature on the
( subject of building , which was framed to
meet the approval of associations of mo
chanlca , societies of muster builder * , and
the building department of the city , am
had been well considered by the men
moat competent to pass upon it. The
bill enters into mlnuta details as to how
buildings shall be contracted , and leaves
very little to the discretion of Inspectors
This is BB It ought to be , and when the
legislature hoard of the cruh in New
York city the bill was at onca taken up
for consideration and promptly pamd by
the senate.
TUB Iowa editors have accepted an in
viUtlon from the Union P clQo to take
an extended exonnion trip in June over
that road and the Oregon Short Lino.
Mr. Rhetoric Olatkson , of the Das
Molnes Register , baa aeon fit to Issue an
address to his brother icribblera In order
to Impress them with his own importance
and to convey the Idea that ho haa had a
big hand in planning th.a junketing tour
and securing the free transportation.
He t lla them that this is an opportunity
of an igo , and that It should be accepted
with gratitude. Rhetoric Olatkson Is
evidently trying to harmonize the dis
cordant elements among the Iowa editon.
, It occara to ui , If that is the object ,
he better begin with Frank Button ,
GOVERNOR DAWES'DUTY.
Two months have nearly patsod away
since the legislature adjourned , Gover
nor Dawoi haa had ample time to act
upon the auflnestlonaof thatbody wherever
they are in the interest cf the public
welfare. It was his manifest duty to
carry out whatever recommendations
have boon made by the legislature with
regard to the public officers under his
control , and it was coitiinly his obvious
duty to remove every officer wh has
boon found wanting In fidelity to the pub
lic iutcrocs and the trusts reposed in him.
One of the state Institutions that needs
careful and honest supervision is the pen-
itontnty. A commlttoa of the senate , of
which Senator Ayora , of Casa county ,
was the chairman , made a thorough In
quiry into the conduct of the penlton *
tary , and presented a report which should
have boon acted upon by the executive
without delay , According to the report
of that committee Warden Nobos has
systematically robbed the state by pre
senting fraudulent vonohora and appro
priating to his own use property
or which the tax-paycra have been ro-
[ tilrod to pay out of the penitentiary
undo. It was charged , and the charges
were uuatahisd by ample evidence , that
10 had purchased furnltnra at various
iniOB and from various firms which ho
> laced In hla opera house at York , and
made use of elsewhere. There were
vahtabl a dotks , tables , chalrg , and other
office furniture for which the state his
no use in any ploso. Aside from this it
was BIO shown that Mr. Nobcs had pre-
ented to succeeding legislatures claims
or board and supplies which were fraud
ulent in every particular. It does not nutt
ier whether the legislature found him
out and refused to appropriate the money
asked for , auffico it to say that an at-
empt was made by this officer to procure
money under fatso protonaes and hla con
duct has boon so scandalous with regard
.0 . purchases that ho certainly should nol
lave boon retained any longer tbau hia
services were absolutely nojessary. Why
; hen has Governor Dawoa failed to re
place him with an honest and efficient
officer ? Mr. Noboa ia not the only man
n America fit to bo warden of the
Nebraska penitentiary. There inns
30 a few other men In aomo sections o
; ho country willing and able to nerve Nebraska
braska In that capacity. There may oven
bo found men in Nebraska who are suf
ficiently competent and trustworthy to
this position. Wo have said nothing
about this matter because we had reason
to believe that a change would be made
In duo tlmo , but two months ought to
have boon long enough ta enable the
jovernor to find a successor to Warden
Nobes.
"CITIZENS" tickets "
, "Anti-Monopoly1
tickets , and all other forms of persona
and political clap-trap have had a frcsl
illustration in the election of a triplet o
"citizens" candidates of the city conncl
who are understood to have entered into
a tort of political freemasonry to proven
Mayor Boyd from giving Omaha hones
and efficient government. We shall take
an open hand in this game on the part o
men who have the shameless audacity to
override the ono lesuo upon which over ;
one of them was elected. Herald ,
Wo know it all along. Wo did not bo
Hove that the Herald was sincere las
fall when it supported anti-monoply
fusion ; and ita support of the citizens
ticket this spring waa Inspired by no sic
oerc/aeaird / for reform. Scratch a RUB
aian and you will catch a Tartar. Now
that the citizens' dodge haa served It
purpose as a decoy for gullible republi
cans , Dr. Miller repudiates the ' citizens. '
To whom dooa the Herald refer when i
talks of a triplet of "citizen" councilmen
who have entered Into a plot to dcfea
Mayor Boyd'a efforts to give Omaha
honest and efficient government ? Ther
are four members of the city council whos
naiuea were on the citizens' ticket. Two
of those. Dally and Sehroodor , are demo
crats. Haa Dally or Schroeder joined In
a plot to stop the ' democrat !
wheel of reform ? Mr. Goodman
who la a republican , was ale
on the workingmon'a ticket. Ho wonlc
bavo baon elected without the endorse
ment of the "citizens. " Mr. Bailey la
ropublhan. Ho did not solicit the aup
port of any other party , waa pledged t
no particular couraa or policy , and wa
not in the city when the election too
place. So far there haa boon no occaslo
for blustering threats and partisan abuse
The council has simply pursued th
ordinary courao of business In refoirln
the mayor's appointments to the appro
prlato committees. If any of thcao ap
pointmonta have been made for the pur
pose of giving Omaha honest and effic !
ont government they are not likely t
meet with obstruction , but if they ar
made for the purpose of building up demo
cratlo bosslsm in Omaha they will doubt
Ion bo rejected. If any of the mayor'
appointees are jmowu to be unfit to fil
iho placet to which they have boor
nominated , no good citizen of any part ;
; wonld desire to hare them confirmed.
RxrunncH are proverbially , ungrateful
and ropnbllca'rui have often shown a lac'
of gratitude , but It takes a democrat tc
exhibit unadulterated hoggUhneaa. Her
Is Fred. Behm , for Instance , who workci
teeth and toe-nail aide by aide with Haa
call for Boyd and victory. Now Mr
Boyd'a organ opens ita mud batterie
upon him and calls upon the district at
torney to have him prosecuted , conviotec
and turned out of the council , because h
his dared to vote with the republicans In
the matter of referring Boyd'a appoint
menta to the appropriate ccmmltteei.
THE capital of We t Virginia la to b
moved from Wheeling to Charleston , the
place where John Brown waa hung am
hla aoul Bent marching on. Thla remova
cannot prove otherwise than damaglnj
to the interests of Wheeling for sevora
years at least. For ten ye&ra the state
uthorltiea have occupied a handsome
capltol building at WhcoUng , which was
reeled by that city and presented to the
tate , The question of capltol removal
waa voted on In 1870 , there being three
ontcstants , Charleston , Martlnsbnrg and
larksbnrg , the first-named place se
aring the prize. Wheeling put
n no claim In consideration of the sent of
ovoromcnt being allowed to remain
here until 1885. The now capltol
mllding at Charleston , which was begun
iy the state In 1871) ) , immediately after
ho election , Is not yet completed , but
nevertheless the records will bo removed
o that place , beginning to-day. Wheel-
ng will use her abandoned capitol
> aildng ! as a city hall.
GOVEUNOH SHERMAN , of Iowa , has is-
mod a cattle quarantine proclamation
against Connecticut , Now York , Now
Jersey , Pennsylvania , Maryland , Vlr-
Inla , Weat Virginia , Dolewaro , Ken
lucky , Tennosoe , Illinois and Missouri.
So cattle from these states will bo per
mitted to enter Iowa unless accompanied
jy a certificate of health from the state
votrlnaty surgeon of the state from which
hey may come. Iowa ranks first among
.ho cattle-producing states , and the pre
caution taken by the governor is not only
timely but justlQablo. The gov
ernor of Nebraska would do well
follow hla example , and make other
> roparationa [ at once to strictly enforce
ho now cattle-ditoBBo law which waa
passed by the last legislature when It
; oos Into effect , which will bo In Juno ,
tfow la the tlmo for the governor to look
around and find a compotout man for
atato veterinarian. The now law provides
a salary of $2,500 for auch officer , anc
that amount of money ought to secure a
first-class veterinarian. The governor
should alao determine who shall compose
the sanitary commiislon , which Is to con
slat of throe cattle-raisers actually on
aged in the business.
THE Chicago Herald aaya that the war
threatoninga In Europe have caused a
stampede of emigrants toward America
Wo do not think , however , that the war
bhreatonings have been BO much the
cause of the stampede aa the recent sale
of ono hundred thousand tickets at ono
dollar each by the Pennsylvania railroai
from New York to Chicago. These
tickets were at once snapped up by the
steamship companies , as the della
ticket from Now York to Chicago enable )
them to make a very low rote frcm Eu
rope to the Interior points of the Unltei
States. The fact that an emigrant coul <
be carried from Liverpool to Chicago fo
$8 50 , and from Liverpool to St. Paul o
Minneapolis for § 10.00 wast extensive ! ;
advertised In Europe , and there was no
difficulty In finding a hundred thousand
persona to take advantage of this oppor
tunlly , the like of which will probabl ;
never bo offered again , and would no
have been given now had it not been fc
the western rail toad war of a few month
ago. It ia the cheap transportation mor
than anything else that causes the proson
stampede of emigrants from Europe.
A NEW use has been found for elec
trlclty. It has been demonstrated to be a
very effective preventive of crime. Th
London EleclnG lievicw calls attention
to the statement recently made by th
police cf the city of Hartford that th
electric lights have been the meana o
greatly lessoning their labors by dlmln
lahing the commission of crime. For in
stance , In a public park , where a groa
deal of crime and mischief had been per
pttrated , the misdeeds of the night hav
decreased fully ninety per cent since th
illumination of the park with elcctrl
lamps. To serve moat effectively as
preventive of crime the electric light
soya the Now York Herald , should b
Introduced not so extensively in tb
great thoioughfares of the city as in th
outlying and suburban districts , whic
have less police protection.
THE office-seekers from the tcrrltoiie
who have made Washington their head
quarters since the 4th of March are a
last beginning to get tired , and one b
ono they are taking Mr. Cleveland's ac
vice to go home and stay there. The
are becoming disgusted with the slow
neaBoftho administration in supplyln
them with offices , and they fear that th
pretident will not after all atlck vor
close to the text of both the ropubllca
and democratlo platforms In regard t
filling terrltoral positions with citizens o
the territories. Ho has already departo
from this proposed plan in two or thro
instances.
TUB engagement that waa expected t
take place between the Ruisian corvett
and the British war-vessel , lying in Nor
folk harbor , upon the declaration of war
la declared off. The Russian oorvotto
which was much the im ll r vesse
quietly pulled out o ! the harbor before
daylight on Wednesday morning , he
destination balng unknown , Her com
mander probably became convlncad tba
the declaration of war waa near at hand
and very likely he cam * to the conclusion
that hla vessel waa no match for th
Britisher.
TUB only way for Mayor Boyd to con
duct a successful administration of th
city's affairs la to Ignore all the sll !
vaporlugs of such fool friends aa th
Omaha Herald. In city affairs th
council shares th * responsibility with th
mayor , and that body should be treatec
with courtesy. Nothing can bo galnei
by threats and bluster , or by uncalled-fo
abate ,
WIIBN the work cf burying the wire
In New York wa about to begin Mr
Field feared that the opening of tronchc
wcnld have a damaging effect on th
public health. The only persona tha
have been affected BO far are Moists
Hold and Gould. It was probably the
xpontojp the undertaking that made
icm slok ,
CI.AUKSON , of DCS Molnes , la still
arplng about St. John , If It had not
eon for St , John , Mr , Clark on would
lave remained a very obscure man , but
ho extensive advertising that ho haa
Ivcn himself has made him known out-
Ido of Iowa. Ho worked the St. John
asinois for all that was in It.
THE journals oi Russia can hardly bo
called newspapers. They have been for
bidden to publish any reforcnco to cur
rent evonta In Asia. Under the circum
stances Russian editors will probably de
vote themselves to agricultural matters
during the coming summer.
the Afghans can take care ol
.homtclvos . , and will not nocd the aid of
iho Eng'idu So fir they have shown
that they understand the art of war ai
neil as the Russians.
INTEKNAL revenue collectors breathe
easier now that It is pretty generally un
derstood that no removals are likely to
30 made until after July 1st.
OUR NEW COUNTIES.
NORTH BEND , April 29.
To the Editor of the BEE :
Plcaaogivo the names , boundaries , rnngo
and township Hues of tbo new counties cre
ated by the last Nebraska legislature , and
oblige a number of your readers ,
E. A. CiniKn.
There wore four counties created
31alne , Dawoj , Logan and Sheridan ,
The boundaries of Blaine county IB OB
ollows : Commencing at the southeast
corner of township 21 , running thence
north to the northeast corner of townahlp
24 , range 25 , thence south to the south
west corner of township 21 , range 25 ,
thence oaat to the southeast corner of
; ownahlp 21 , range 21 , to the place of
spinning ,
Dawea county comprises all that portion
tion of Sioux county commencing at the
southeast corner of township 24 , north of
range 47 , west of the sixth principal
meridian ; thence west to the southwest
corner of township 24 , north of range 52 ;
thence notth on the range line between
ranges 52 and 53 to the northern bound
ary line of the stito of Nebraska ; thenca
east along said boundary line to the
range line between ranges 4G and 47 ;
thence south on said range line to the
point of beginning.
fv-Logan county ia bounded aa follows :
Commencing at the southeast corner ol
township 17 north , range 2G weat of the
sixth principal meridian , running thence
west along the north line of Lincoln
county to the southwest coingr of town
ahlp 17 north , range 29 weat ; thence
north to the northwest corner of town
ship 20 north , range 20 west ; thence east
to the northeast corner of township 20 ,
north , range 2(3 ( west ; thence couth along
the wett line of Ouster county to the
point of the beginning.
The boundaries of Sheridan county
areas follows : Commencing at the south
east corner of townahlp 24 north of range
41 west of the sixth principal mer.dian ;
thence west to the southwest corner cf
townahlp 24 north of range 4 ; thence
north on the range linea between rangea
4G and 47 to the northern boundary line
of the state of Nebraaka ; thenca east
along the aaid boundary line to tbo range
line between ranges 40 and 41 ; thence
south on aaid range line to the point of
beginning :
i ho boundaries of Sioux county were
defined anew by the last legislature as fol
lows : All of that portion of Sioux county
commencing at the southeast corner of
eoction 24 north of range 53 weat of the
alxth principal meridian ; thecca west to
the western boundary line of the state of
Nebraska ; thence north along said boun
dary line to the northwest corner of the
atato of Nebraska ; thence east on the
northern boundary line cf the state of
Nebraska to the range line between
ranges 52 and 53 ; thence south to the
place of beginning.
Saprcmo Court Decisions Filed April
510,1885.
Neseler vs. Neher et al. Appeal from Sa
line county. Allirmed , Opinion by Cobb ,
Ch. J.
1 , The hen of a judgment of n district
court , duly rendered or docketed , will extend
to all legal or equitable Interests of thn defend ,
ant in hinds within tbo county , of which
such defendant is in actual postesijlon ,
'i , Tbo doctrine of tacking , held not to
apply to n case where a party holding a judge >
ment lien on lam's held under a title bond
buys in the title to the land.
Wyant VB. Tothill , Appeal from Nuckolh
county. Affirmed , Opinion by Maxwell , J ,
1 , Heal estate , npprnlfed and advertised
under an order of salu before the return da >
of the writ , may bo gold after the return
day.t .
t , A sale of real estate under an order ol
sale , where tha motion is not published al
least thirty days before the Bole , will be set
aside , on motion ; but If the sale Is confirmed
without objection , in the absence of fraud ,
the purchaser will acquire a good titlo.
Bardwell va , Stubbert , error from Antelope
county. Reserved ; remanded. Opinion b ;
Maxwell , J ,
1. In replevin where the object of the
action _ is to _ obtain n delivery of the goods
which it is claimed are wrongfully delivered
by the defendant , the filing of an nflidavt !
getting forth substantially the facts required
by the statute * , ia a condition precedent to
tha lining of the older of delivery.
'i. Where A brought an action of replevin
against U to recorer certain chatteli , filed tha
proper affidavit , and obtained an order of
delivery undar which he recovered pauesiioa
of tha property , ho cannot afterwards before
the trial acend til ) petition by rnakinff 0
joint defendant with B to recover tin pioper-
ty nnleaa in a affidavit filed before he ob
tained the.chatteli . in controversy , ha had
charged 0 with the wrongful detention of tha
same.
A plaintiff in replevin muit recover if at
all on the strength of hli own claim , and a
failure to prova bis right to the Immediate
poiieailon of the property , where tha Illegal
dotentioa l denied , fa a failure of proof upon
a material point.
J. L. Oaldwell vi , Bloomington VL'la , Co.
Hirer from Lancaster , Affir'd ' , Opinion by
Maxwell , J ,
1 , Where a firm is Insolvent , the partner
ship property will be applied to tha payment
of the partnership debts , and an individual
creditor or member of the firm cannot be
paid out of partnership property to the excln-
lien of creditors of tha firm ,
Smith ( tCretenden TB. Band ) . Krror from
Harlan county , Ravened , rend , Opinion
by Maxwell , J ,
1. A fraudulent grantee who obtains prop
erty of an insolvent debtor with notice that
the purpoie of tha debtor IB to hinder and defraud -
fraud nil creditor ! , cannot be protected aa
against such creditors ; and If he sell the prop
erty to a bona fide purcbaier ha ii liable to
the creditors for the value of the property
IMS any valid Hens exittlng against it when
the alleged purchase wo * made.
In re 11. F , Davn , habeia corpus , writ de
nied. Opinion by Maxwell , J ,
1 , Where the fact * and circumstances itated
in the affidavit , upon which an order of arrest
U obtained In arrest and bail tend to ihow
that tha defendant fraudulently contracted
the debt to recover which the action U
brought , he will not be discharged on habeas
corpus upon the gronnd that the affidavit is
niufficient ,
Cobb , Cb. J , dlsscntf ,
Stnto ex rel , McBride , V , Long. Quo
witrranto , judgment of ouster , Opinion by
Maxwell , J ,
1. Under the proviiloni of section 7 of the
election law , which provides that In each
county having n population of 8000 Inhabit
ants there shall be elected In the year 1879
and every four vonrs thereafter a clerk of tha
diitrlct court , etc. , a county which in 1883
contained lets than 8000 inhabitants at the
tlmo the census wan taken In that year , but
more than that number thirty days before the
ganpral election , was authorized to elect n
clerk ot the district court.
Cobb , Cb , J , dissents ,
Shninan V. Willeti et M. Appeal from
Ilnrlan county. Reversed , dccrto in this
court. Opinion by Maxwell , J.
1. A contract for the sale ot real citato con
tained a provision that the consideration
should "bo paid in carpentering at 52.50 per
day , " the purchaser to have five days notice
when his services wcro required , "and to
complete payment within twelve months if
work Is called for" and "to bo allowed 20 per
cent discount on any part of price of loU paid
In cash. " Held : 1. That the purchaier had
the entire twelve months in which to make
payment , and that it was optional witb him
to make payment either in labor or money ,
2 , That the vendor without the ainent of the
purchaser could Impose no now conditions on
the purchaser and forfeit his riehtn under the
contract before the expiration of the year.
2. Where a contract In relation to real
estate hai been deliberately entered Into by
competent parties , and is not open to objec
tions of fraud , undue moans , etc. , In obtain
ing It , a court of equity will curry out the in
tention of the parties b > specifically enforcing
its obligations ,
3. An act to enforce specific performance
of n contract for certain lots was pending sev
eral years and during this time certain parties
erected a wood on building on one of the lota
which was not n fixture. This building the
[ > 1aIntilT afterwards rented for a short time ,
out claimed to bo the owner of the lot , hold
that he was not thereby o'toppod from enforc
ing his contract
The 0. & R. V. Co. vs. Walker , same \e.
Hartley , same vs. Uartoy , error from Lan-
c ster county , afliirmod. Opinion by Max
well , J ,
1. Where a railroad company has con
demned real estate for right of way and an
appeal from tha award of damages has been
taken to the district court , the land owner on
the trial is entitled to open and elate.
2. Instructions asked and refused or ob
jeoted to must be specially pointed out in
some way in the motion for a now trial ,
8. Where in a trial to recover damages for
right of way across a tract of land , the jury
were permitted by the court to view the prem-
[ its , the verdict will not be set nsldo unless it
ia clear that the jury erred.
Stout vs. Rapp. Krror from Antelope
county. Reversed and remanded , Opinion
by Reese , J.
1. The supreme court has jurisdiction to re
view , upon error , the judgments and decision
of the district court made upon appeal from
the county court , in matters pertaining to the
settlement of assigned estates.
2. The county court ban jurisdiction under
the provisions of section 34 of the act regulat
ing the assignment of estates ( Laws 1883 , p
81) ) to decide as to whether personal property
is exempt from execution and whether i
rhould or should not bo delivered to the as
signee. Such inquiry should not involve the
question of tha title to real estate.
3. Whore the title to the family residonc
Ia in the wife it is nevertheless the homesteat
of the family and Is exempt from
judgment liens or forced sale upon
execution or other process and in
in such case the headnf the family is not en
titled to the further exemption of SSOO In per
sonal property under the provision of eection
21 of tha civil code ,
13. & M. 11.11. Co. vs , Dobson , error from
Seward county. Affirmed , Opionion by 0
Reeeo.
1. In a petition for a new trial under sec
tion 318 of the civil
code on the ground o
misconduct of the jury , and the succeesfu
party , where the petition is not filed for more
than ten months after the return of the ver
dict and four months after judgment Is ren
dered on the verdict , it is nnc sufficient to allege -
lego that the plaintiff ' 'could not with reason
able diligence have discovered or ascertainec
the misconduct" eooner. The petition sboult
state the facts showing what efforts have been
made to discover the misconduct of failing to
do eo. facts should be stated which would ex
cuse the making of such effort.
2 , Whether in case of the assessment of the
valus of improvements under eection five ol
the act af 1883 entitled "An act for the relief
of occupying claimants , etc. , " the remedy is
exclusive and the failure to object to the ver
diet of the appraisers within the time fixed by
said section Is a waiver of the right. Quere
Johnson vs. Greim. Error from Sewarc
county. Affirmed , Opinion by Reese , J.
1. Where a jury was sent In choree of a
bailiff of the district court , with the sherlf
and county surveyor , a distance ef eight miles
to ylow and examine real estate alleged to be
damaged by the overflow of water , and while
examining the land , it being noon , the bailif
by order of the sheriff , procured and causei
dinner to bo served at the house of defendan
in error , without his solicitation or the solici
tation of the jury , there being another conve
nient place to procure it , the dinner being ob
taintd by the bailiff to bo paid for by him
and where in such case it was affirmativel'
shown that defendant in error had no conver
sation with tbo jury upon tha subject of the
case on trial , It was hold that 110 mlsconduc
on the part of the defendant in error , or o
the jury , was ehown which would require anew
now trial.
0. N. & B. H. R , Co , , vs. Urmtead & Urn
stead ; same VB. Lamb ; same va , Lamb. Krro
from Nonce county. Reversed and remanded
Opinion by Heeso , J.
1. Where an appeal is taken from the appraisement
praisemont of damage to real estate caused by
the construction of n railroad , the owner o'
the land becomes the plaintiff in the dlstrlc
court to the extent that It becomes necessary
for him to prove his damage in case the rail
road company appellant , falls to appear for
trial. In such case where the railroad com
pany is appellant , it is error to dismiss the
appeal for the reason that the appellant com
pany In in default for want of an answer.
Bond vs. Dolby , Appeal from Lancaster
county. Affirmed , Opinion by Reese , J.
1. In cases tried to a court without the in
tprvention of n jury , the findings on ques
lions of fact upon conflicting testimony IB en
titled to the Eair.o respect in the supreme
court on appeal as would be accorded to thi
verdict of a jury under like circumstance *
and will not bo interfered with unless clearlj
wrong. Bank nf Cass Co. VB , Morrison , 1'i
Northwestern Reporter , 782 ,
2. Where a promissory note by Ita termi
fixes a legal rate of interest per annum "from
data until paid , " such note will draw Interevl
at the agreed rate after , as well as before
maturity. And tbo judgment or decree ren
dered thereon will draw the lama rate of in
terest notwithstanding the legal rate upon
judgmenti , and decrees may be reduced niter
the execution of th note.
3. Where in the purchase of eal eitate , the
purchaser astuma and agreei to pay a dibt
iecur d by mortgage upon the real oitate 10
purchased , and retami a part of tha purchase
price for that purpose , In * proceeding kgalnil
the mortgagor and irteh purcbuAjr to fore
close the mortgage , tha question M to whether
the mcrtf * gor had a mortgagabU Interest ii
the real iitata ia an Immaterial one and would
not afreet the liability of tht defendant * for
the payment bf tba debt
Harrii vi , Cronk , Error from Valley
countr. Ravtried , dismissed. Oplnloa b ]
Cobb , Ch. J.
1 , An action in tha district court wherein
no counter claim or let off bai beem filed ,
having be n diimlsrod In vacation by the
party plaintiff and all cciti paid according to
the provisions of section 430 of the civil code ,
it is competent for the court at tba next 01
any subsequent term to permit an interven
tion ia iWd came.
Hurford V , Baker , Krror from Modlion
co nty. Affirmed , Opinion by Cobb , Cb. J ,
1 , The language used in the summoni
wherein the defendants are Botlfied thai
unlesi they aniwer by the 24th dny of March ,
etc. , held equivalent to the itatute which Ii
that they "answer at tha time itated therein , "
etc. , and sufficient.
2 , By bringing a case to the mpreme court
on error , a defendant in the court below
waivei all questions of the jurisdiction of such
court over hit perion ,
3 , No point of error not brought to the at
tention of the trial court for its ruling , nor
necessary to be considered and pusied upon
by It in order to roach the judgment rendered ,
will be considered by this court in a proceed *
ing { n error.
Filley vi. Norton , error from Gage county ,
affirmed. Opinion by Cobb , Ch , J. The main
question Ii one of fact and conflicting teiti
tnony. and presents no question of law.
2 A father poiiMilrg a farm and herd of
attlp , let tha same to his con to farm , the
product of both to bo divided between them
on the terms of two-thlrdi to the former nnd
one-third to the lotterj there being certain
ow In tha herd which the father had
Ivcn to the son before ho became of age. and
which had been kept nnd raised in common
with other cattle on the farm , and wa placed
nnd kept vs part of the herd and so treated
by the parties ; held that so far M the rights
of third pernoni wcro concercd the produce of
aid cow formed an indistinguishable part of
uchitoek. . . .
3. Uy a gift from a father to an infant
laughter of acilf to ralso and have as her
own , without Intention on his part , that It
will bo taken off of hli farm , for many years
f over , ho doei not part with his dominion
over It , so as to prevent his recapturing It In
his own name and right , from the hands of a
wrong doer ,
FIFTEEN YEARS FELIOITY ,
Mr. and Mrs. Thomas Gonttemnn
Celebrate the Cryatril Anniver
sary of Their MnrrlnRO ,
On Monday evening Mr. and Mrs.
Thomas Gentleman colobratcd the fif
teenth anniversary of their marrlogo.
Notwithstanding the extreme severity ol
the weather over sixty of their friends
attended , to pay their roapoota nd con
gratulations to the estimable and popular
couple. Mr. and Mrs. Gentleman have
just moved into their now house , on
Sherman avenue , a few doors north ol
their old place ; and KB spacious nnd well-
nccomodatod parlora , replete with com
fort and all modern luxuries , were thrown
open to receive their friends , who epont
the evening In a very agreeable manner.
Mutic , singing and dancing made up the
programme of amusements , Interspaced
with card ploying. Supper waa served
at 11:30 : , and It is only necessary to refer
to Mra. Gentleman's woll-rfnown hospitality -
ity to Indicate its elaborate and
sumptuous character. The table waa
literally ovor-ladon and crowded with
every delicacy. The following wcro
present :
Mr. Joneph Crelghton and Master Croigh-
ton , Shelby ; Miss Furlong , Mr. and Mrs.
Brandenberg and baby , Mr. and Mrs. Hayes
and baby Aalico , Mr. and Mrs. Kitten , Mr.
and Mrs. Wadswortb and Birdie , Mr. and
Mrs. Garrotty and Mies Frances , Council
man Dailey and wife , Mr. and Mrs , Neitor ,
Mr. and Mrs , Jeremiah Wbalen , Mr. nm
Mrs. Ingleman , Mr , and Mrs , Flannlgan , Mr.
and Mri. Daughton and daughter , Mr. nnd
Mrs. J. Shelbey , Mr. and Mrs , Lowrey , Mrs
Oevino and Mrs. Leiienring , from Aurora
Nob. ; Miss McDevit , Miss Ella Kennedy
Miss Mary McNamara , Mies Sullivan , Mr.
and Mrs. Attwood , Mrs. Burkley , Dr. Fii-
soni and wife , Mr. and Mrs. Percival , Mr.
nnd Mrs. O'Henon , Mr , and Mrs , Kichpl
Mr , and Mra. Ilussio , Mr , Bracken and Misi
Bracken , Mr. Gleeson , Mr , and Mrs. Grady
Mr. J. II. Feonoy , Mr. Richard Downey
Mr. Jos. Connolly , Mr. McDevitt , Mr. Thoa
Qalloni Mr. M. Hussie , Mr. J. P. McCarthy ,
Mr. M. Luby , Mrs. Frenzier , Mr. Mullvlll-
hill. Mr. and Mrs. Kenny , Mr. T. Duffey
and others.
A very choice and beautiful variety ol
crystal prisonts occupied a largo apace.
They looked qnita pretty and very unique
and their number and quality apeak vol
umes for the esteem and good will Ii ;
which Mr. and Mrs. Gentleman are held
by their many frionda. The largo party
separated about 2 o'clock ' , all wishing
many years of wedded happiness to their
kind host aud hostess.
THE MAY MOVE ,
An Entire Change Around of Beats
Among the .Police To-day.
The police force la booked to undergo
a change all around to-day , and for the
month , duty will be performed by the
men on boats aa indicated below :
DAY FORCE.
Maurlro Sullivan , captain ; Joseph
Rowles , Thirteenth and Harney to U. P.
bridge ; George Lowry , Far n am and
Tenth to Fifteenth ; Dan Kennedy ,
Twelfth and Farnsm to Capitol Avenue ]
Fred Fuller , Gaming street ; Andrew
Crawford , Tenth and Farnam to depot ;
Rowland Firth , Thirteenth south ol
bridge ; L. Jasperson , Ninth , Tenth and
Eleventh north of Farnam ; James
O'Boyle , Sixteenth aud Dodge to Izird
Peter Wetland , Douglas and Thlrtoentl
to Sixteenth ; Pat Moatyn , streets and
allojs ; Al. Swlgart , telephone ; John
Tnrnbull , city bnaincES ; Thomas Cormlck ,
court officer.
NIOUT FORCE.
Richard Burdlsh , Thirteenth and Far
nam to bridge ; Jamoi Brady , IVolfth
and Farnam to Capltol avenue ; Jehu
Curry , Sixteenth north of Cass to Lnrd ;
Charles Blomo , Tenth and Eleventh
north of Farnam ; Owen Buckley , Tenth
and Howard to depot ; Peter Maize ,
Douglas and Thirteenth to Sixteenth ;
Dan McBride , Gumming street ; Wm.
White , Thirteenth aouth of bridge ;
Charles Donohoo , Sixteenth and Cass to
Dodge ; Duff Green , Farnam to Barney ,
Twelfth to Ninth ; J. J. Donovan. St ,
Mary'a avenue ; Patrick Hlnchoy , Far
nam and Twelfth to bridge ; Thomas Pol-
rennet , Telephone ; Frank Bellamy ,
streets and alloys ; Michael Whulon ,
roundsman. By order of
TlIOMAH CUMMINIIS ,
City Marshal.
THE W. 0 , T , U ,
Ita IMftBn About the Buckingham
Tlicatro-
There hare been many flying rumora
that the W. 0. T. U. intended to convert
the Buckingham theater into a gospel
Umpmnce hall. .Tha plan the ladloa of
that charlUblo institution h ve in view :
ai soon the theater was closed the la-
dlei want to all partial concerned and
wcured their consent that the W , 0. T.
U. could hava immediate poaaeailon of
the bnlldloR for temperance purpowo ,
and Oonitablo Edgertou bed made ar
rangement * to escort tbo ladles In a body
and turn over the premiaea to their con
trol. Thla waa not accomplished , but
negotiations are atlll progrcBiinp and the
ladle * still hope to lease tbo theater.
Thty want to convert the former siloon
into a lunch room , to mallo the wine
room a reading room , and to have tbo 1
theater for gospel temperance meetings ,
bands of hope , etc. Such a move
la heartily seconded by many
of our beat btulnees men , and we feel
sore all the moral and Obristlin people
of our city will give us greatest encour-
ment to rafaa the neceaeary funds. The
ladles have engigcd the services of Mlia
Oouthonl , one ot the moit brilliant dra
matic readers in the world , who will ap
pear at Bovd'a opera honao on Saturday
evening. March Oth. Mlsj Couthoul ii
not only unrivalled in her profeeaion , but
ia a Christian girl who carries her rallglon
Into her work and makes all her enter
tainments moat para and refining. Wo
hope the Christian people specially will
help us In this work and fill every eeut In
the opera homo. The sonts are put at
ho low price of CO ccnls for Iho parquotto
and drots circle and 35 cents for the bal
cony. Everybody come ,
FAMILY MABKEr BASKET.
Uio llotHckooper Ilai to Bolcct
From Facts nnd Figaros.
FISH AND OA IE.
Frozen fish are out ) , of Iho mar
ket , and croon fish , that Is , fresh from
kho rlvora , are now coming in. In the
irosh water article , whlto fish , trout and
bass retail at 15 cents pnr pound , white
plokorol ii soiling at 10 cents ; croppin
and porch cin bo bad far 12J conta ; cat-
Osh are juat coming In and acll for 15
centa. California salmon are seasonable
delicacies and soil at 35 cents a pound.
As for salt water fish , codfish
and haddock are worth 15 conta
a pound , halibut 253 , Shad sells from
75o to § 1 apiece. Flounders are not In
very lively demand at 12J. Eels sell for
20 cents n pound , Codtish tongues are
rare , but retail for 20 cents. Oysters
retail at from 45 ti GO cents a quart , ac
cording to quality.
Qurno ia nearly out of the nmkot ,
though the red head and malls rd ducks can
ttlll bo had from 30 to 35 conta a pound.
Snlpo are coming aud soil for $1,50 a
dozen ,
MEATS ,
The bott cuts cf sirloin soil for
15 cents , runipB and upper part of round
steak at 12k. limiting ribs , firm and
juicy , can bo bought at 12t " cents. Veal
is extremely scarce and "comes high
from 15 to 20 cents , according to the
cholcnncss of the part. Sweet broads can
bo purchased at 25 centa a pair. Corn
beef Is selling nt from 5 to 10 cents , ac
cording to cuts. Prime legs of mutton
can bo hsd for 121 cents ; mutton chops
12& to 15 cents. HBIU is a staple article
in good demand at 12i cents in bulk , 25
cents sliced. Pork 10"to 12i conta. Sau-
cage 10 to 12)j ) conts.
FRUITS AMD VEOETABH8.
The vegetable market is becoming well
stocked. Early Rose Potatoes are In fair
demand at 55 to G5 cents , the Peerless
and Whlto Elephant bring G5 cents a
bushel. The Colorado , of largo and
mealy vatioty , ia sold nt
00 cents to $1 a bushel. The genuine
Salt Lake potatoes are coming in
and eell for $1 a btnhol. Aa-
paragua la jnat making Ita nntroo into
the market and soils at 12io n bunch-
Rhubarb can ba bought for § 1 a dozen
bunches , water creaa the simo. Paraloy
la sold at 50 cents a dozen. California
cabbage can atlll bo bought for 5 conta
a pound. Fresh radlslioi , 5 cents per
bunch. Spinach ia worth Go cents a
peck , while cucumbers are just coming
into market , end toll from 15 to 25 cents
aploco , according to si/.j.
Fresh homo grown lettuce , a delight
ful ealad delicacy at this season of the
year , is sold at 5 and G cents a head.
Onions are worth 35 to GO cents a peck ,
rutabagas 2A cents a pound , turnips 75
cents a bushel. Sweet potatoes are re
tailed at from G to 8 cents a pound.
The local markets are well stocked in
the fruit lino. California oranges bring
from 15 to 35 cents a dczsn , lemons
about the same. Bananas , fresh and
ripe , are very p'cntlful , but can bo bought
for 25 to 50 cents a dozon. Pineapples
of the largo and luscious variety , are sell
ing at from 40 to 50 cents n piece. Ap-
plea are somewhat ; scarce. The Missouri
sells for § 3.50 to $4 00 , while the Michi
gan variety brings higher prices , § 4,25
to $4.75. Strawberries will bo In the
market Saturday.
BtrrrBK
can bo purchased at a variety of prices.
The ordinary article sells for 25 ; the
extraordinary for 30 , while the finest
creamery is worth 35 centa. Eggs are
worth 12A cents a dczsn.
lilVELY KAIuROAD WOUK.
Xlio Extension of the sioitx City &
Pacific la Northwest Nebraska ,
Sioux City Journnl , April 3D.
A Sioux City man returned from the
line of the White lllvcr extension west
of Valentino tells a reporter how it is :
"Tho track Is now finished for twenty-
five miles our , postibly thirty miles by
this tirao. Ic Is like an aimy at the end
of the track , There are over 300 men
there haul ng ties , placing rail * , leveling
up the track and doing ono thing and
another connected wild the track-laying.
The eandy Boil of which moat of the road
bed is nindo makes it easy to bed tbo ties
and got a good , smooth track from the
start. These 300 men are employed la.
this tracklaying , and they ore putting
down as much as two milea per day. A
few miles west cf the tracklayers yon
como to Desuarois' bridging gang , about
fifty men , 1 should toy , and two pile-
drivers. The bridging on this part of the
line ia not heavy , and the bridgera easily
keep out of the way of the track men.
The first ninety miles of the grade was
finished last fall. Bnyond that the next
fifty milee la alive wllh gradera. Some
places for a mile or moro the ijrixdo io
already done , and all of U , except possi
bly a llttlo rock work near White river , ,
will bo finished before the track can got
there. I found the grading contractors-
all pushing their work , anxioua to finish
before the letting of the next fifty miles
of work west of White river , which la
generally expected will bo let In Juno. "
Oreat lame. Ftnt MMtlon , SiSO , ( > OO.
IHE MAY CENTURY-
In the number of Its pages ,
and in the MZO of the
first edition , the May
Century surpasses nil
its predecessors. It is
a number especially
rich in War Papers ,
which include : A vig
orous article by
GEN. GEO. B. McCLELLAN ,
vhich the writer speaks freely of his rclix-
tibn ? with Secretary Slanton , ami enters fully
into the plans and disappointments of
FIRST ADVANCE ON RICH MONO ;
iiid three papers by the ex-Confederates ,
GEN. JOS. . JOHNSTON ,
GEH.'GUSTAVUS W.SUITH.and
CEH.JOHN D.IMBODEH.
Gen , Johnston ( whose
A
article is a reply to Jeffer
son Davis ) commanded I
against McClcllan until !
lie was wounded. Gen.i
Imbodcn relates his <
periences at Hull Hun ,
with anecdotes of Stone
wall Jackson , jos u , JOHNSJOV ,
" 'RECOLLECTIONS ' OF A PRIVATE"
describes the repulse of the troops which ( Jen.
Johnston was leading when lie was wounded.
Other contents include an anecdotal paper on . - : ,
"
GEN. GRANT AS A SOLDIER , -Y
by Gen. Adam lladeau , with a full-page portrait
trait from a photograph taken in 1804 ;
. " .THE RESCUE OF LIEUT. GREELY ,
by a member of the Relief hxpedition , ap
proved by Lieut. Orecly ; papers on the Now
Orleans Exposition , Typical Dog , " Immortality
and Modern Thought ; " and on Whittier , l > y 1. .
C , Stedman , etcetc. Sold every w here. 1'ru.r ,
3S cents. jTiiF. Cfc.viiKV Cu. New-York , vy