Omaha daily bee. (Omaha [Neb.]) 187?-1922, July 10, 1885, Page 5, Image 5

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of the Day a ! the Capital'
of the Slate ,
Gamblers Interfere With tbo Offi-
oial Life of Policsmon ,
' Uaptlat Brethren In a Kow-A State
Veterinarian Appointed IJOOR !
Notes and L'cnonal Mention.
Heported by The DEE'S Bureau.
LINCOLN , Neb , , July 0 For some
tlmo past there has been a desire on the
part of some members of each of the
colored Baptist chnrchcs In this clly to
nntta and build a ulco church building on
the lot given them by the state and now
occupied by Mount /Aon church. Recently
contly a mooting of a majority of the two
churches was hold and terms agreed
upon , bnt the pastor and torcral of his
church belonging to the Mount /Aon
society are tllesontors from the majority
and appeared before Jnatlco Cookrano and
demanded warrants far some of the
other factions. Iho justice refused to
Issue them and nil is nut harmony among
the colored brethren of the Baptist
Dr. Julius Girth , of Now Jersey , who
was sent hero from the government de
partment ai n vctinary surgeon a few
weeks since to look into the disease
among the cattle and hogs of the ststo ,
has been appointed by the governor as
Totlnary surgeon under the not passed
last winter. Ho will receive § 2,500 per
year and all necessary expenses.
On Wodnetdty the mayor requested
the resignation of Policeman Thompson
which was Immediately tendered and H.
Kuhlman appointed in his stead. It is
said that this pollcomin was charged with
associating wltn gambler * . There la no
doubt but there nro plenty of gamblers
Infesting the city , and if Mayor Burr
would give the mattcra little of the right
kind of attention there wonld bo f oner of
the gambling fraternity around.
It was reported that Jndgo Montgom
ery had gene to Omaha , but It has leaked
ont that ho continued his journey to
Washington , in the interests of the poat-
offica in this city.
The Etimecrfeat building Is bolng taken
down , Instead of being tnrncd into a
market homo.
The building of the now street railway
Is being rapidly pushed to completion.
Dr. Kera started fcr the west yester
day accompanied by a number of land
The blind and fcttivo organ grinder Is
perambulating the city , accompanied by
a small boy , in the interest of a wife and
six children.
Milt Smith , who has figured considera
bly in sporting circles , was before Justice
Cochnn charged with trying to disfigure a
person's physique with a hatchet.
Col. Burr , H. Polk and Mayor Frank
lin left yesterday evening for Spirit lake.
They will probably approach the lake
with the spirits as a portion of their
A band of gipsies are camped near the
The electric light company is making
arrangements to place twenty additional
lights on the streets and two at the capitol -
tel building. The now dynamo ordered
will glvo them a eovenry-fivo light power.
"With theBo additional lights it will make
up partly for the deficiency in some of
our sidewalks.
The county commirslcmcrs are fctlll in
It Is understood that tbo attorney gen
eral will hare quo warranto writs Issued
against all co-operatlvo insurance or asso
ciation companies doing business in this
state which have not fully compiled with
the law , and It scorns to be the attorney-
general's idea that all companies purportIng -
Ing to bo Insurance companies mutt hvve
a capital of § 100,000 , and so far none of
the co-operativo companies have any
Among the arrivals wore : C. O. Bates
and wlfo , Beatrice ; H. N. Carpenter ,
Syracuse ; M. Mcrrlspy , William H.
Neville , Plattsmoulh ; S. G. Byron , Ash-
lind ; R. A. Blackbutn , York ; Mrs. T.
'W. Blackburn , Prof. Gilllsplo , Charles
B. Rosier , R. P. R. Miller , Omaha ; N.
Edwards , Sownrd ; M. Mitchell ,
Arapaboe ; Simeon ilartman , Chicago ;
J. M. Buchanan , J. G , Taylor , Omaha ;
William Harper , H. M. Warrlns , Seward -
ward ; W. T. Scott , John T. Kttnor ,
York ; M. M. Sorreuborgor , 0. M. Illck-
ott , TbomsB W. Riddle , Wahoo ; John
Darrson , Aurora ; William Lbvltt , Ashland
W. Statk , Piano , lilt ; B. Waddie , Au
rora ; ] 5 W. Uurlburf , Grand Island ; A.
0. Oolton , Beatrice ; A N Poltlt , Bclolt ,
WIs ; 0. W. Adams , W. H. Ward , Chicago
cage ; D. M , Meyors , DOS Molnes ,
I < There is considerable checker playing
among railroad officials , in this vicinity ,
owing to certain movements of tbo
Northwestern &nd the Missouri Pacific
railroads , and unless there Is some very
lively pUjiog upon the part of the Bur
lington line , both these lines are liable to
drop into this city for a thanksgiving
Mr. Grico , who was seriously injured
by the kick of n horse a few days since.
IH still living , and with the grit ho mani
fests and the doctor's skill the chances of
recovery are In nls favor.
h The attorney-general goea to Washing
ton thli week to learn what objections
the United States supreme conrt has to
the hinging of Zimmerman , the murderer
of Jack Woods , in Kearney county , a few
years since.
Mr. Ohrlstenaen's llttlo five-year-old
boy , who lost his leg by the cars a couple
of days since , Is getting along nicely and
great hopes of his recovery are enrer-
Lieutenant Governor Shodd was home
ward bound from the far west yesterday.
J. M. Frantz , a p , eminent resident of
Ktarnoy , was bound for Peorla , 111. yes
P. F. H. Bcharrs , sheriff of Buffalo
county , came In from the Treat last
WJlllnni II. Uowcu Fined $5 for Violating
lating the SUlowaUc Ordi
nance ,
The casa of the city vs. John Grant
and William R , Tlowon , who were charged
of laying down a sidewalk at the corner
* -of Furnam and Twelfth streets , contrary
"Ito tbo establlihed gride and In violation
of the ordinance relating thereto , em
ployed the attention , yesterday afternoon ,
of Jadga Stcnberg , and a jury in pollcu
court. Mr , J iuts Crelghton , chairman
of the board of pndtto works made the
complaint against these gentlemen and
acted as the prosecuting witness , making
the cm a test one , to determine whether
properly owners can defiantly violate
every resolution and wish of the city
council regarding the building of their
sidewalks. In this particular Mr.
Bo won Is agent for the property , and Mr.
Grant was the contractor to lay the walk.
Whether Mr. Bowen desired to do some
thing different from anybody cite , or to
purposely violate the ordinance. Is npl
exactly known , but ho had a border laid
around the outer edge about four feet
wide , and considerably higher than the
established grado. Of course this created
on the inner walk , a basin , for
the collection of a pool ol
water , which could not help bslng a
nuisance. The j arymon who tried the case
weroT. W. Seaman. Edward RosowaUr ,
OharltH Dewey and U. Murphy. Andrew
Hanscom and Peter Gees were also cm-
paneled , but they got excused. After
hearing all the evidence and the argu
ment , the jury retired and were out
about ton mlnntos , when they returned
with a verdict acquitting Mr. Grant and
finding Mr. Bowen guilty. Jndgo Ston-
borg thereupon fined him five dollars and
costs of the prosecution , which ho paid.
Matters and Things Pertaining to
Itnllrond Circles ,
General Passenger Agent Eustace , of
the B. & M. B. road , went to Chicago yes-
Mr. John A. Eylcr , a popular and ac.
sompllshod gentleman , has been ap
pointed to the position of ticket agent at
this place of the "Q" road , vlco Andy
Borden , resigned.
The Colorado tourist business Is jast
now Immense. The sleeping cirs on
ivory train that goes out are crowded
ivith them.
The Union Pacifio company is making
great Improvements , this summer on Its
Irack. Defective ties and worn out rails
ire bolng replaced with now ones. AU
; ho station houses are undergoing repairs ,
ilao , and bolng painted the regulation
rod and blue. A large force of painters
ind decorators are now at work ia the
: ransfer depot at Council Bluffs.
jcnsation on a Union Pacific Pas
senger Train.
The police received n telegraph mes >
iago from Papllllon yesterday morning ,
notifying them that on the Union Pacific
; ralu No. 2 , cait bound , was a crazy
nroman wlio had taken possession of the
ilpopor and was acting In a very
ivild manner. When the train
irrlvod at the depot hero two officers
iioardod U and wont Into the car. They
Found the woman to bo much demented ,
but she had then quieted down and was
iblo to talk ratlonatcly. The
rvoman had coma from Fremont
> nd was going to Chicago , Illi
nois. Tto officers learned that her name
yaa Lamson and that she had been on a
pleasure trip to Colorado. She was put
iboard the Rock Island train hero and
lent on. to her destination.
Another Sucker.
A young man who said that his name
> ras E , W. Matthews , and that ho had
: amo all the way from Nundsy , 111. ,
ilono , was fleeced by a sharper yesterday
nornlng at the Union Pacific depot out
if $30. Mr. Matthews claimed o
Da en route to Roca. Neb. , and also do-
slarcd with nome fooling that not more
han two weeks ago ho bad been worked
: or $10. This tlmo it was the old trick ,
10 often pliyod by sharpers to got money
int of suckers , ho bit at that of being
jroko and having to pay transfer express
) n a bill of goods.
Cowboy Fan ,
3t. Paul Globe.
" 1 shall never forgot an cxporlonco of
nine In Montana a llttlo over two years
igo , " said Brakeman Schultz , of the
Northern Pacific. " 1'horo we're Andrews ,
Lho conductor ; Wylle , the engineer ; Col
by , the fireman ; and rnysalf running No ,
J , passenger on the Montana division ,
ind one night about dark wo were get
ting out ot Miles City , when a rod light
ivaa seen by the engineer , and ha stop
ped the train. Just as it stopped about
\ dozen cowboys , togged up In full uni
form , each with a brace of revolvers
In his belt , got into the coicaes , while a
low moro guarded the engine. I know
trouble T7a3 coming as soon as 1 saw
them got on , and I took a aojt among
the pusangors. The conductor did not
at first eoom to rcaliza that anything was
wrong , but went to the forward part of
the coach , when half-n-djzau of tin
buckakln-clad boys grabbed him and sot
blm upon the coal-box. Ho protested ,
but the boys paid no attention other than
to toll him not io move a finger , ai they
tvero go'ng ' to ohoot the heels of his
boot ) off , I rather enjoyed tbo fun ,
though I lay mighty close , fearing that
they would notlca mo , but they didn't
before the conductor was short the heel s cf
Ills boots. Ho was whlto as a enQflfhko.
but ho hold up bravely , fearing a mlao l-
: iihted shot. Then they caught mo and
tied mo and a pissongor back to back and
sot us over a Boat , and then commenced
betting among themselves which would
pull the other over. The atakes were
put up , and then two of thorn got prongi
and began touching us up with thorn.
Ihe follow I had pitted against ma was a
Swede , and neither of us had any show
to pull the other over ; then I resorted to
stratagem , and when they gave the
Swede a prong and ho jumped about a
toot , I pulled hard and ho came fllng
Dvor the seat , and went so far over that
be nearly broke my back , Wo were
loosened then , and they took the Swede's
boats off and stood him on his head , and
then played tbo bastinado on tbo soles of
bis foot. Well , you'd died laughing to
bear that poor follow bellow , entreat ,
pray and cuss those cowboy * , and al
though my legs Were smarting with some
dances I got , I just roirtd. After they
bad done mischief anoiigh they shot out
the lights end loft the train. "
Officer White picked up a drunken man
an Farnam street , by the cams of 8. II. II ,
Stewart about c2 o'clock last night ,
lie had on hU person a gold watch
and 910 la money , which two thieves were
about to nip when the oflicsr found him ,
Geo. O'Urien , received notice yesterday
from G , 0 , Drown , clerk of the supreme
court , InfonniDK him that the decision of the
lower court In the case of William McCue > ,
J , A. Bmtleyet al , had been tuntaloed.
The body of Joseph Smtarlc. one of the
two tittle boys drowned , Wednetdiy evening
waa dUcovered yetterday , and taken to the
undertakers. Tha funeral will be held some
time to-d y. The fathtr li still in a very
uilijal condition.
Some if tbo Indncemenls Offered for
People to MaMsplays ,
Xlio Onintm Exposition Annotation
UcRlnnlnc to Get Mutters In ,
Slmpo A. Business Meeting ,
Secretary Wheeler , of the Omaha Ex
position association , yesterday received
from the printer proof sheets of the
special promlam Hat , from which a
DEE reporter made up the following :
The Joseph Qarnenn Omckor company
$10 for the boat sick of ( bar made from
Nebraska flour ; a box of crackers for beat
five pounds of dairy batter ; box atsortcd
calco for the beat lot of jolly made in
Parker , Robertson & Co. , n $200 phae
ton for beat crazy quilt.
0. S , Goodrloh & Co. , mirror , valao
20 , for boat loaf of bread made by Ne
braska girl under 15 yean of age.
Frank Curiier , $23 In cash for best
displays of plants , pictures , hanging
baskets , etc. , prepared by Nebraska
amateur * .
Welty & Land reck , sldo saddle , value
$75 , for boat amateur lady rider.
Samuel Burns , parlor lamp , value $10 ,
for best collection pure fruit jelly.
Dewey & Stone , parlor table , worth
$1C , for best pencil charring by a lady.
A. Polack , boy's suit , valued $15 , for
best essay on education , by boy under 15
A. D. Morse , shoes to value of $7.50.
for the handsomest gtrl baby under 2
yotrs of ago.
Bliss & Isaacs , groop of Roger's statu
ary , valao § 15 , for landsopo or charact
er production In art , faithful to naturo.
W. F. Martin , oil painting , value $15 ,
for best darning on stockings , by lady
under 22 years.
Edholra & Erlckson , silver water sot ,
valno $75 , for beat piece of fine needle
Omaha business college , courses of
study , for best samples of penmanship by
boy or girl under 15 years ; fancy speci
men penmanship for bast liv * pounds of
butter , made by girl under 15 years.
McOord & Brady. $10 for beat loaf of
bread made from Christian & Company's
Superlative flour ,
Champion S. Chase , $5 In cash for
best penmanship by boy or girl under 18
years ,
Molnrath Brothers , 100 pound case
coffee , value $13.75 , for retail grocer
longest in business In Nebraska.
Charles McDonald , lady's cloak , value
$50 , for best specimen of art embroidery.
L. J. Bengele , canary bird and cage ,
value $10 , for belt painting by boy or girl
under 1C years.
Clark Brothers & Co. , extracts and
splcDB , value $10 , for the best cap of
colloo made from "Olark'a ' Imperial Oof-
foe. "
John Evans , wlro plant stand and pots ,
valao $10 , bast display cat flowers in
original detign.
Fox ton & Gallagher/ in cash , for
beat pack of canned vegetables put up In
Nebraska or Iowa.
The Pacific hotel company , $75 in cash
divided in six premiums , for boat collec
tion Nebraska grown fruit ; canned fruit ,
vegetables , jellies , cheese and butter.
KaufTman Brothers , box csgars , value
$10 , for the best native tinging canary
bird.Hugh G. Clark , keg sporting powder ,
valne $15 , for thobsstcollectlon of stuffed
H. T.JClarka drug Co , , two caeca of
paint'valuo $15 , for beat dltplay assorted
; raln"raised by ono farmer. ,
A. J. Simpson , pony cart , value $125
lor best driving horso.
JN. B. Falconer , black silk drosa pat
tern , valno $30 , for raeo to be trotted by
Farmers with their own farm animals ,
ind driven by member of their own
N. 1. D. Solomon , $55 In cash , divided
Into four premiums , for best standard
itilllon , showing best five sacking colts ;
oest stallion best
two-year-old reaigtored ;
two ycar-old jiok ; bast Shetland pony.
Nebraska Cultivator , books to valao of
$10 for best specimens of farm accounts ,
penmanship , sewing , knitting and blecalt
baking , by boys or girls under 18 years.
0. S. Raymond , silver service , valno
$85 , to the moat popular railway In Nc-
jraska , to bo decided by the ballots of
visitor ? to the fair.
Omaha commercial men's association ,
$500 in cash , for winner of frca for all
race , provided the tlrno Is 2 2-i or batter ,
Thus making the winner's isharo ' $1,100.
Friday , September lltb , the persons
present will designate n committee of
; hrop , who shall canvass and announce
; ho result , awarding the silver tea sat to
; ho railroad company receiving tbo largo
lumber of vote ; , and upon the result ba
ng determined , we will present the name
; o the railrend oftichl of such road , who
> ccuplo3 the highest olliclal position , and
s a resident of Nebraska. No person
ivlll bo permitted to vote ut once , and
10 clmrgo or fee will bo asked or received
or the privilege of voting ,
All mitten resting to this award will
> o under the lolo supervision of 0. S ,
The association held a business meet *
ng last evening with nearly all the mom-
jora present. Among other things , bida
for rebuilding the ampltheater wore
opened and a contract awarded to A , H ,
Douecken for $1,400. , Ho enters into
; 2,000 bondsto have the work completed
} y August 20th or forfeit 825 a day for
every day after that time that It'romalna
anfiniihed. The printing of posters , in
; hroo colors , was awarded t j the Herald
Publishing company.
Itestralnlnj ; tbo Liquor Traffic ,
New York Evening Fust , ( Ind. }
Prohibitionists often object to all at
tempts at regulating the liquor traflia by
the Imposition of a tax upon the seller or
by the reqoirement of a heavy foe for the
privilege , upon the ground that the vend
ing of splrltoui ducks la a crime , which
the state has no right to localize , The
supreme court of Illinois has laid down
the law on the subject in a way which
will probably surprise such people. The
court declires that selling liquor
Is a common law right of
the vendor , but that it U subject to
such rules and regulations as the lawmaking -
making power of the state may ECO fit to
impose. This is obviously the common-
aonso vlow of the matter. The trouble
with the prohibitionists Is that they en
tirely mistake the character of the act of
drinking liquor , for that Is whit it all
comes back to. They say that the state
w uld have no rifiht to license men to
receive stolen goods , and that It wni no
nnra right to license mm to sell Intoxi
cating drlnkr , But for a man to steal is
absolutely and necessarily a crime , while
for him to take a dtiak of liquor or
half a dozen for that matter ii au
entirely innocent act , with which society
bai no concern , unless the eflecta of the
effects of the liquor make him A disorder
ly person or achargo upon the commnni
ty. Experience shows that It does pro
dnco this effect In a largo majority o
cases , and the stale has , therefore , the
right to place restriction upon the sale o
liquors. Outside of rural communities
public sentiment will not sustain at
tjmpts to enforce absolute prohibition
and the only practicable way to restric
intemperance In cities and largo towns I
to impose heavy taxes or to exact high
license foes.
AlcMsoD , Kansas , the Scene of a Fen
an FeirulTra2 [ ( y ,
Miss Mary Baldwin , an Estimable
Young Jjnay Found Dead on
Her Bed Grout Excitement.
The town of Atchlson , Kansas , Is just
now terribly shaken up ever a most fou
case of murder that was discovered there
about C o'clock Wcdncsdsy oven'ng.
Miss Mary Baldwin , an estimable , handsome -
some , bright , and very popular young
lady , Is the victim. Of Mr. Roborl
Hunter , who citno up from that place
yesterday , a BKE reporter learned the
particular ! , which arc lhat Miss Baldwin's
dead body was found by two young men ,
In her own room , laying across
the bed , There were no evidences of a
struggle to bo seen , but tbo girl's ' neck
ind back showed signs of having been
bidly bruised , and nnder her body was
Found a small empty rial , on which was a
torn label marked poison. The scene of
the tragedy is a two-story fratno dwelling
on West Commercial street , and consid
erably isolated Jrorn any other buildings.
Mis ! Baldwin was virtually staying alone ,
her father being dead and her mother
away , visiting friends In Ohio. Michael
Fitzgerald and another young man ,
whoso name could not bo learned ,
roomed In an "L" addition to the house ,
but were separated from Miss Baldwin's
apartments by a double wall and two
door * . She was the betrothed of a young
man named A. H. Inwis , and ho was
with her until 10 o'clok the night
Fitzgerald was at a dance the night
seforo and returned home about 12
o'clock. Ho entered the house from an
jutsldo stairway which leads directly to
ills room , noticed nothing nnusuil about
the promises and during the night hoard
nothing. Ho left the house Wednesday
morning at G o'clock by the sums way
and returned at 7 o'clock that evening
with Charles Spauldlng.
On entering the house the two men
Found evidence of a forcible ont'anco and
noticed that Miss Baldwin's room door
was opan , looked in and saw her lying
across the bead dead and the room In
; reat disorder.t
They at Immediately gave an alarm to
iho police and coroner who commenced
it once to make an investigation.
A panel of the back door in the lower
lall had boeu cut out , and through It the
burglar evidently entered. The west
room down stairs was first ransacked ,
and then the robber must have pone up
stairs to Miss Baldwin's room. She was
jnown to have elegant jewelry , and in
ooklng for that and other valuables , it
is likely he awakened the poor girl , who
was then attacked by him and murdered.
Up to yesterday morning the dead girl's
jewelry hod not boon found , , nor was
there any clue aa to the whereabouts of
of the fiendish murderer.
When her father died ho left a large
estate and It was reported that consider- :
iblo money had been secured about the
promises. Several attempts had pre
viously been made to rob the house.
' LINCOLN , July 7. The supramo court
iaa handed In the following decisions :
B. & M. R. R. in Nebraska vs. Martha
Crocket , administratrix. Error from
L iojstercountyravorBed. Maxwell , J.
1. In au action by the personal repre
sentatives of a deceased person to recover
Jam ago s for his death , It mast bo alleged
n the petition that the deceased left a
widow or next of kin or both according
o the fact ,
2. An objection nude for the first
Imo on the trial of a ciao that tbo ptl-
, lon doas not state facts sufficient to con-
ititutd a CAUse of action , is not to bo on-
jouraged , and if the defect complained of
son be cared by an amendment , the
: onrt should permit an amendment to ba
uado Instanter , and lot the trial proceed.
Fho want of a nuterial averment however
where objection is made is not cured by
ho vcrdiur ,
3. Whcra an administrate had authority
hen the action was commenced , to bring
in notion to recover damages for the
[ oath of the Intcatata , a subsequent rovo-
sation of the authority must bo specially
ilended and b not put in lubuo by a do-
ilal cf her authority "to BUO or recivcr In
ind maintain this action. "
4 YVhora from any cauao the powers of
in administrator ceases an action coin-
nenced b/ him will not therefore hpso ;
jut upon the appointment of a new ad-
nlmV.raUon , the prosecution of the ac-
( on will proceed.
3. D. Wobator , vs. J. T. Wray , error
from Hitchcock county , affirmed , Max
well , J.
A principal is bound by the acts of his
iflont to thooitont of the apparent au-
hority conferred en him.
lalnes vsTSpangglo , et al , appeal from
Hamilton county. Reversed and do-
ores for plalntlfl. Maxwell , J.
A verbal contract for the ealo of raal
istato which is clearly established , and
inder which possession of the promises
ia been taken and acts of part perform
ance done , will bo specifically unforced.
Sulllff vs. Johnson ot al. Error from
Seward county , reversed. Opinion by
Maxwell , J.
1. In proceedings In ad quod damnum
ho land owner Is entitled to compen a-
tlon for the land overflowed and rendered
itoless by reason of the erection of the
lain ; and for the diminution in valua of
bo residue of the tract by reason of the
ncreaaod depth of the stream.
2 , A party purchasing a mill , and dam
icross a stream , acquires by the purchase
BO greater right to maintain the dam ,
ihan was possesied by his grantor ; and
intil the statttory bar Is complete will bo
lable ia proceedings In ai quod damnum
or the value of the land ovoi ( lowed and
ipproprlated by reason of the erection of
ho dam. Ray v . A. & N. R. R. Co. , 4
Sob , 439.
state ex rel. , Oraber vs , Matley et rl ,
Mandamus. Opinion by M x troll , J.
1. An alternative writ of mandamus
was Issued to compsl tbo county clerk am
board of canvasser * of G. county to re
assemble and oonvasa the votes of s l <
county for connty toal. The board a
once proceeded to canvass the votes a
commanded In the writ and made due re
tarn thereof. On the return day certain
citizens of that county asked leave to
Intervene upon the grounds of collusion
and fraud between the relater and defen
dants. Lsavo was granted ,
2. The conrt during the term at whlol
11 is Issued , may for sufficient cauio cancel
col an alternative writ of nundamus anc
all proceedings thereunder , where it I
nndo to appaar that the writ should no
have boon Issued.
MoHugh va. John A. Smiley , rehearing
on appsal from Douglas county , forme
judgment adhered to. Opinion by
Maxwell , J.
1. In an action In equity appealed from
the district to the supreme court , if the
Interests of the parties appalling are so
united- with others as to require the
taking up of the whole record , the ontlro
casa will bo reversed.
2. An absolute deed of a homestead ,
the tltlo of which was In the husband ,
was made as security for a debt , an agree
ment to recover upon the payment of the
debt made to the wife. Held , that the
deed was a mortgage.
3. The law In force when the contracl
Is made governs as to the right of home
stead.Vlure , under the homestead law
of 1877 a dcod of the homestead was exe
cuted by both husband and wlfo as secu
rity for the debt , the fact that the hus
band without the consent of the wlfo
took a lease of the promises from the
zrantco in the deed will not effect the
aomesUnd right.
4. An agreement to transfer the ( itio o' '
the property from the husband to the
wlfo will not destroy the right of homestead -
stead , If the promlioi continue to bo oc
cupied by the debtor and his family as
their homo , McMahon vs. Shlolman , 15
Neb. , 053.
5. A party purchasing part of a homestead -
stead in the actual occupation of the fam
ily , at a sale under an ordinary execution
will not acquire a title If the property
was exempt.
State ov rol , Bossot va. Bib sock. Man-
llamas writ denied. Opinion by Maxwell -
well , J. Cobb , 0. J. , dissents.
The regonta of the university , In the
ibioneo of an appropriation by the leg
islature , have no power to dispose of the
endowment fund or that derived from
Ihe g mill tax , R'gcnta vs. MoOonnoll ,
5 Neb. , 423. State vs. Lpidtko , 9 Nob. ,
108 , adhered to.
Johnson vs. Ellis , error from Fillmore
county. Aflimed. Opinion by Cobb ,
0. J.
1 In'a petition forgoods , wares and mer
chandise , sold and delivered , the Items
n stating the account In the following
words : 'To Insurance $ GOO. " "To Bal-
anca on oats check SO , 30" without ex
planation hold not sufficient to constitute
a cause of action.
2. Upon the whole case , held : That
ho verdict of the jury Is not sufficiently
unjust or unsupported by the evidence to
ustlfy a roverdal of the judgment.
Gray vs. Dohlo , appeal from Douglas
connty , Affirmed , Cobb , 0. J. , dls
Under the mechanics' lien law , the
len of a material man for material fur
ntlhod for the erection of a building un ;
der an agraement with the contractor
extends only to such materials as were
used in or delivered at the building for
UBO therein.
Into ox-rolHarvey vs. Piper ot al , man1
damus , writ denied. Opinion by Max
well , J. Cobb C. J. , dlsjonts.
1. A special act of the legislature
wLlch.'provldca that certain territory the
boundaries of which are given , shall bo
designated Harlan 'county , appoints
certain persons commissioners , and re
quires them within thirty days to call an
election for the purpose of electing
county officers and selecting a site for a
county seat , la not In conflict with the
constitution which Inhibits the conferticg
< sf corporate powers by special act.
2 The registration law is to bo used as
a shield , and not as a sword ; as a means
: o prevent Illegal voting and not to dls
iranchlso the voters of a county or Its
mbdivlslcns ; therefore whcra a statute
Imlts the time for holding an election tea
a loss number of days than Is required
'or the registration of voters , and no
registration Is had , the votes ciat at * uch
election will not on that account bo
3. At an election hold In Hnrlan coun-
y on the 3d day of July , 1871 , In pur-
uancoof the statute , tbo place which
received a majority of all the votes cast
hereby beconia the connty seat of that
county ; and the court will not lu a colla-
orat proceeding , fourteen years after
wards , Icqairo into irregularities at euch
election whro no direct proceedings
lava bon had to cot it aside , and the
> lace thas designated has bonn In fact the
ounty scat sluca the year 1870 ,
Siward Marrlnor , ot al , vs. Paxtor.
Appeal from DongUscounty. Aflicraod.
Cobb , 0 , J , , dlesonls.
A aabontraotor who furnishes malcr-
als for a building , but whosu contract
was made with the contractor alone , otn
cqulro n Hen nnder the mocanlcs lien law
or such materials only as were delivered
at the building for use therein , or wera
dually used in the construction thereof ,
logan vs. O'Niol. Error from Dakota
county. Affirmed. Opinion by Reese , J.
Where the original bill of exceptions
n a causa tried In the district court is
ntended to bouaod in the supreme court ,
ho clerk of the district conrt must at-
ach his certificate to the same ( hat it Is
he original bill. Aullmsn vs. Patter-
on , 14th Neb. , 57.
2. The objection to such bill may be
skon either by motion to quash tbo ex
ception , or on the final hearing. Mowis
vs. Johnson , 5 Neb. , 217.
The 0. N. & B. H. R. R. Co. vs.
Jorrard , et al. Error from Plttto county.
Dplnlon by Reese , J.
A and B were in possession of real
istato , having a title of record therefor ,
The railroad company , desiring to con
struct Its road ever the real estate , ap
plied to them for the grant of the right
of way , which was refused. It then ap
plied to the connty judge for the appoint
tnent of commissioner * to obsess the
damage to the real estate by raison of
: ho appropriation of the necessary right
of way , alleging A and B as the owners
and their refusal to make the grant.
It was then agreed between the railroad
company nd A and B that ( ho land
might bo taken and occupied In the con
struction of the raid and the damages set
tled by a commission to be hereafter
appointed. The commission was subse
quently appointed and the damages as
sessed from which the R. R , Oo. ap
pealed. No other person was mad * a
party to the proceedings in the district
court and no other person claimed any
Interest In the land nor demanded tin
damages. Held that the II. R. Co. con'c
not dispute the ownership of A. and B.
nor their right to the damages assessed
by the commissioners.
Sleber vs. Weldon , error from Fillmore
county , affirmed. Opinion by Reese , J.
Upon the trial the testimony should bo
Introduced in the order In which the Is
sues are presented by the pleadings.
Where the plaintiff at the beginning ol
the trial , and before the defendant hat
produced any evidence , Introduced testi
mony to sustain the allegations of his reply
ply , and which should have been Intro
duced only for the purpose of rebutting
testimony offered to sustain the allegations
of defendants answer , it was hold not to
bo error for the trial court , upon mo
tlon , to order the testimony stricken out.
2 , When testimony is offered and ex
cluded , the bill of oxcoptlonss must sot
forth the testim6ny thus offered and ro-
joetod , MoMHIon vs. Malloy , 10 Nob.
3. Evidence hold not sufficient to show
that a settlement and piymont of money
was obtained by duress.
Graves vs. Ssovlllo , Error from Jo'-
fnrson county. Rovo.sod , opinion by
Rocso , J.
1. Affidavits used a | vidonco upon the
hearing of a motion in the district conrt ,
will not bo considered in the supreme
court , unless preserved as a part of the
record by a bill of exceptions. And where
such papers aao Improperly attached to
the record they will upon motion , bo
stricken from the files.
2 Where a cause is submitted to an
arbitrator , without suit , under the pro
visions of tltlo 28 of the civil cede , and
the arbitrator presents and files his
award In the district conrt. such award
may be attacked by a motion to reject
and sat It asldo for any legal and sufficient
reasons ( section 874 civil cede ) . If such
motion is overruled , and judgment ren
dered upon the award , over the objection
and exception of the party attacking It ,
the decision of the district court on snob
motion may bo rovcrsad upon error with
out a motion for a now trial having first
boon made in the district court.
3. An award of arbitrators must stats
the facts found by them and their con
clusions of lair separately. Mnrry va
Mills , 1 Nob. 450.
Pratbor vs Hart , quo warranto judg
ment of Ouster , opinion by Ooqb. Oh. S.
1. Where it appears prlma facia that
acts or events have occurred subjecting
an office to a judicial declaration o ; being
vacant , the authority having the power
, o fill the vacancy supposing the office to
30 vacant , may proceed before procuring
judicial declaration ot the vacancy , to
ippolnt or elect , according to the form of
aw , a person to fill it. Leal vs Jones ,
1 ! ) Ind. 350.
2 A vacancy may exist In the office of
connty judge , although the duties of such
jflico are being discharged by a person
; eraporarlly appointed by the proper au-
3 , Upon the pleadings and evldonco in
the ease held ; that the date of this filing
of the information heroin , the respondent
John R , Hart was not entitled to the
office of county judge of Franklin county ,
} ut did unlawfully hold and exercise the
duties , franchises and jarledlctlon thereof.
4. The usual writ of ouster ordered to
State ox rel. , McClelland et al vs.
Dounty Board York County. Mandamus.
Writ denied. Demurrer sustained.
[ lecso , J.
The application for mandamus exam-
aed and hold not sufficient to warrant
ho Issuance of a writ ,
Musical Inetrumcnts.
Hallott & Davis Pianos
Violins , Guitars and Ban 09.
Piano Stools and Carers.
Send Sc Etatnn foi Catalogue.
Flush OooJa and Not cities ,
Bntrrayings & Paintings
JLS13 Douglas Street
Jlr rcftson of Its central pod ( Inn anil close rotation to
Ml principal line Koit and Went , at Initial and ter
minal iiaiiiu , contlltutM Iho moit Impoiuiit mill-
contlnuntnl link In tlmt Bymnii of through trantpnr.
tatlon which Invite * anil fiu-illUU-n tratclamltralllo
between clllei of Ihe Atlantic ! ami Purl Mo Coaiti. It
In alia tuo ravorlto and uept I outu to and from iiolnta
Kant , N rthea t onJ Bautlieant , and cormpvudln ?
points West , Nortliweit anti HoutliweBt.
The Croat Rook Island Route
Guarantor ! ltd patron < tint eente of personal tecu >
rltr afforded by a lolld , thoroughly liallattcd road <
teil , imonth trarku of continuous tfcd tall , tutntun-
tlally hunt culvert * and Lrldm , rolling xtork as nt r
perfection an human * klll can rnaku It , tlio tardy
appliance ! of patent buirern.plutfortnaand air brake * ,
and that ezactlnirdlnclpllnu vvlilch vovtrni the prac
tical operation of all Itu tralni Other 'pcclultlin of
thU route art ) Traiufern at all comicUlnu jiolnti In
Union DenotB , and thu unsnrpaBKcl : comforta aud
luiurlcnot It * IWcngiT Diulpiutnt.
The Kant K prcs Tralni dotween Oliltwn and
Feorla , Council lOutr * , Kannax City. ItauiiHoith aud
trhl on are comfionvd of will vintllatrd , llni-ly up-
.jolnteri-d Day C'oachcii. Maenlflccnt I'ullinan 1'ulai
iliiK Chair Cur .
The Famous Albert Loa Route
Ii Iho dlroct and favorite ) Una beturrn Clilfairoancl
UlnneapollianUHt. raul , wheru < oniu < tlon aruinadu
In Union Depots for all point * lit thu Ti rrltorliD and
IlrllUli I'ruvInrcK , OUT Ilili route Km * Kxpirui
Train * are run tu the vtatcrlnir place * , rummer lu-
ort * , plUureb'juo loi-alllliii , and liuntlnir anil ( Ulilnu
Itroi r „ , „ . ' ibou. It I * ul < o Iho ino.t
detl * t ' -it \ teit llelcli auj rastoral
land * of Interior Dakota.
Mill another DIlthtT LINK , via Renoca and Kan.
kalw , ha * been opemxl between Cincinnati , Indian ,
jpolln and Larai i tie. and Council lllulfn. Kantai City ,
Ulnneapoll * and Bt. I'/.jl anil Intermediate ) i-olnt
.lor detailed Information e ilap * and rolden ,
obtainable. a yell a tlc-kcH , at all principal Ticket
unite * In the Unltvd main and UanaUai or by a4-
1'rti't & , Otn'l M'B'r , Ocn'I T'kt 4 I'm * , Agt ,
This IntnluiWe jicolfla ttixllly nd permknentl ;
earn ll kinds of A thtt > . The rnott ob tln t n < l
lon lUndlng r se i leld promptly to Ita wondortal
cur Inn properties , H l keovn throughout the world
( or Us unrivaled efficacy ,
J , L. CALDWKLL , city tlncoln , Neb. ; writes. J n
19 , ISSi. Hmco mlng Dr. IUIr' Aithtm euro , ( Of
more ttun ono wile hu been entirely well ,
and not even a nymptcm ot the dlfoxsohinpinnroJ.
WILtlAM BKNNETT , Rlchtund , law , wrlteiNov.
W. 1SS3. Itmobeon Mlllcted wllh IHv Fever anil
A thm slnco ISM. I followed jour direction * and
am happy to tar that t net cr tlrpt btttrr In my Ufa.
I am Kl.vl that 1 am among the many who can cpcak
o favorably cf your remedies.
A xalu\bla 64 page trtntlso oontalnlnetlnllir proof
from e\ery State In the U , S , Canila and Qirat
Britain ; will bo mulled upon application.
Any druggist not hat Ing It In stock will procured ,
to order. Ask for Dr. Ilnlr Asthma Cure.
D1L a W HAIR & SON , I'ron's Cln'tl , 0.
Aa fTfUrnl trwl'itni ' t l * < * 'tiflulilM f Tor ( wcw-ntU trrrr < Jul
rVj wtiHJ , rnii T > yipfti , lH.Mhcrs > em ftn4 Am tn-1 ll
Jlad r * flfc I lCMliT Orf pi. Afcwdrciitmrttkl ( llck > uifUToT
to ft KUit 6ftb mv B * , rvdl4 U inmtfrr drln\i. IVy 11 * n
btwmotrDUftUrftlu , Ay flf tfx r ir JrrrUt fof tl o > WA %
U | XnwJfttUiiil by U1U J. O > D. UtUUU : A SONS.
Washing & Bleaching
In Hard or Soft , Hot or Cold Water.
SAVKS LAKOR , TIMR and SOAP AuAiiKat/r , and gtvoa
nnlvcrsalfatlsfictlou. No family rich or poor should
bo without It
Sold by all groocrn. BRWARH of Imitations well do-
Ignel to mislead. PRARUVH la tbo ONLY BAFK labor
laving compound and always boars the ntxnu tym-
bcl and name ol
1W nncl 187 Wabarli A cnuu ,
Hair Cloth and Wire
Bustles. Hoop Skirts , '
Hair Cloth Skirts.f f
AMI A 1 ILI' L1M ! OV/
BLACK "D ; !
TW * cut roprcnonU The
Linctry , tlio mo t populnr
combination ot liilfllo and
1 loon blilrt ever rnacip. A lady
who bos worn ono will norcr
wear < uiy other ft ) Ic. LncU
Skirt l Btumpod mwn tlia
lianilt r t'nt"l Jin' 81. 1871.
do. llO.tll. ISTAny ono Roll-
Ins pamoptvloptbklrt liotFO
eumiml , will l > o jlcalt with
lUfonllnR to law. Bold by all
Inut'iir tctaliary Roods housci
S. W. COP , Farnam and 12th Sis
Capital , - $100,000.00
0. W. HAMILTON , Prea't.
M. T. BARLOW , OtAhJea ,
3 , Til , OALDWEIX , U. F. SMITH ,
Accounts solicited and kept subject to eight
Certifi 'atcs of Deposit Issued i > ayabla In 3 ,
and 12 months , bearing Interest , or on demand -
mand without interest.
Atlvancen made to customers or approved
ecurltles at market rates of interest.
The Interests of customers are closrlygnard
ed and every facility compatible with princi
ples of sound banking freely extended.
Draw sight drafts on .England , Ireland
Scotland , anc * all parts of Europe.
Sell European passage tickets
Pbcenlx InearanM Co. , tendon , Ciah
At8 t9. . . . _ W.BSf.COU
nrcatchestor.N , Y. , Aescts 1,000,000
rhoMorobanlnolNawarlt.N. J. , Assets . . . . 1,276,009
QlrardFIro , I'hlidolphl ! , AB3cta 111,11/
Hew Hampshire , Cusu AbBOts , . . . _ . 1,013,009
Notice ! Notice ! Notice/
To all who are clbosoil or nillfcted , no matter how
eng tbo Btanillnj ; ; oomo and ba heated. Feamklo dig-
lascawhero medicines bavo fulled to giro relief ,
> fpeclalty ; como one , coma all anil bo healed by the
Utgnotlo healer , the only BtirooBcapo fiom any ills-
: ate. For examination , our cba-ifui are 81. for each
ireatnunt , or vUIUtloDn 82 ; terms strictly c b.
J. H. PAGED All ,
.DH3xlB83'i4'0' ' ' Falre"OUIia >
. . !
Omaha Real Estate and Loan Co ,
G lots In Grandview Add , $200 to 8100 each.
2i lots in W. A. Radicle's ' Add. SGOO ,
3 lota In HOJ call's Add to Okohoina , $350
3 Iota in Flalnvlew and ICIrkwood Add , $30D
to 8450 each.
' lots In Lowe's Add , $176 to 8300 each ,
louse and lot , N IQth St. , § 1300.
10 lots In Bbinn'a Add. , at from 8700 to 81003
15 lots In Parker's Add. , ot from 8500 to 8300.
i lota in Tliornburg I'Jaco , at50 to 8300 ,
A homo of 8 rooms and full lot , in E V ,
Smith'H Add , North 22d St. , 81709 ,
3 lots In Hanscom Place , 8C50 to $800 each ,
) ther residence property , Improved and un
improved , In all parts of the city ,
A lull lot on Karnam tit , in the center of bus-
mojs , 821,000.
rorner lot on Howard Bt. , in center of bua-
nesa , 810,000.
Full lot on Harney St. , nicely situated for
buiinoes , 810,000 ,
Several pieces of fmo business property on
Dodge St. , between llth and 14th , for sale
A Rood location on ICth St. , for 3 or 4 stores
at a bargain.
i lot on Uahlwel ! St. , 8500 ; a barg&lu.
A cheap property on Sherman Ave , ; a bar.
IDbeautiful lots in Kilby PUce.
Money to loan on real estate security ,
JOHN T , DILLON , Manager
Hcoine 8 and 10 Hrenier Block , Opp. P. 0 ,