Nebraska Newspapers

    8 THE OMAHA DAILY BEE : TUESDAY , MAY 18 , 1886.
A BIG LAW SUIT SETTLED
Judge Neville's ! Ruling in an Important
Beal Estate Case.
HE FAILED TO RECLAIM HER.
.
j
Found Dnntl In Hod The For cry
Cases Dlnck mill Yellow Hall
Notes niul CJcncrnl City
News.
Neville's Decision.
Judge Neville yesterday rendered nn
Important decision \\lilcli terminates a lltl-
gallon affecting the title to the 1'ntrlck ml-
dltlonsto tlio city of Omalm , as veil as a
larRO amount ot land mljolnlntr the same.
The real estate linolvnl In tills litigation is
valued at present nt over s : Xooo. ) This is
ono of tlio most liiiioilant ) law stilts ever de
cided In this county. ilnttliuw Carroll pre
empted this land In IWU. Ills pre-emption
was cancelled by the "ocrelary of dm Inteilor
In wa.but Ids wllt and chlldien rcnmlned
npon the land for thcneilodof ten jears
from that date , and , niKl hcncu claimed to
own the land by \ li tun of the statute of lim
itation1' . Patrick acquired hlf title by a war
ranty deed fiom Sophia I'hii'tii.v , a half-breed
Hloux Indian. Shu hnd located lialf'biecd
scrip on this land in Ifcfll. In Ib&l she lo
co vod n patent from the government for the
land , when she convoyed it to 1'ntrlck. Tlio
land beliiK with the corporate limits of
Omnhn , the question niosons the legality of
the location , and In INK ) nn art of coup ess
was passed continuing the tltlu In 1'atiiuk.
I'atilck , by thu way , had located on this land
In Ib"i7 and after ho had pone to tlioarln
IbGL the Cailolls jumped his claim In his
absence , and when ho ictunu-d ho tound his
house L'one and ho hnd no place to live.
The Ciiirnlls began their suit in oji-rtniPiit
torepo\er the property from IMtiiuk. The
attorneys for the Cnnollst > io cowln ; , Con-
neil and Kstabrook and the attorney lor 1'at-
rlclc was J. L. Webster. The opinion of the
cou it Is as follows :
Daniel Cai toll , Thomas Can oil and Mathew
Cm roll by lilsncxt frhiiid Maiy U. ( ioimnn ,
plaintiffs. \ ? . M\tie\\.son ! T. I'.itiInk , delen-
dant : Tito plaintiffs sue In ejectment to
recover a laigo tiactof land lying within the
coriioiat ( ! limits of Umaha.
Tlio rather and mother of the plaintiffs to
gether with some of these plafntlll's then
mlnois , unleied upon the lands in contio-
verrtv In .Innuaty 18iW , and nt ( era low j eais
.Matliew Ciiitoll , thclathcr , died and his wife
and childicn continued to IIvo upon the hind
until utter January ibTS. While Ihe land
was being so occupied those plaliitltls wcio
nil mlnois. and after bi'Uiij upon the land tor
moio than ten je.us they ab.imloncd or null
the premise-i , and the plaintltrs now biing
this action of ejectment for possession.
The plaintiffs Hist claim title by tenson of
aiUeiso iiossesslon lor iiiotothnn tenjeais
fiom the time of tiling the laud tind cnteiinc
upon the land under the pie-cinplion laws of
the United States gave thorn a good title and
fiiicli as would btistain n light ot action by
ejeotnient.
No patent was overissued to the patents of
tlieso plaintiffs , Out on the cnnti.uy a patent
was issued to ono Sophia Felix In ibW by
reason of her location ofceitaln Sioux Scrip
npon tUu land In November issi and she and
her liitib.iud conveyed to M. T. I'.itiiclc the
present dotendaut.l
The defendant Patrick by reason of a de
cision ot Justice Miller ot the United States
supreme court sitting as anise piius iuduo
thought it best to place his title beyond dis
pute , and therefore secured tin act congress
to conilnu the title In himsull so that defen
dant claims title , by leason of the location
of the Sioux sciip nnd by reason of confirm
atory act of congress.
Hind lioiu the testimony that on thoSlst
day of November , 1KH. ono Sophia Kellx
made n location on tlio land In contnncrsy
by half breed Sioux Indian scrip , and that on
thoSTth day of Match , IbOS. the secretaiy ot
tlio Interior rendeicd an opinion that the en
try ot Sophia KelK'npon the land in contro
versy was valid anil directed a patent to is
sue in her name lor the lands in dispute , and
that on Julv nil , IPThi , and in pmsuanco ot
the dhections of the secictary of the in-
tci lor a patent was so Issued ; that on July
SHIi , 18TJ. Sophia Felix , who In the mean
time had Inteimairledlth D.uKl Camellc ,
convoyed the land In controversy by their
deed of wairanty to Mnthowson T. Patrick ,
thodofondanf Hint in the year Ib75 , the de-
fundantont Into the possession of tlio
piomises , and lias since continued to occupy
the same.
I lurthcr find that the lands in controversy
weic Included within the coi potato limits oC
the city of Omaha , under its charter of 1858.
A question having arisen as to whether said
lands wcio subject to pre-emption or loca
tion by reason ot tholaet that they were so
within the incorporate limits of the city of
Omaha , and act of congress was subsequently
passed confirming the title to tlio lands In
coutiovcrsy to the poison holding by deed
fiom the patentee.
I further tind that In the month of August ,
1W5S. the present plaintiffs tiled In this court
n bill in eouitv against the defendant ,
Mntliewson T. I'atrlck and othcis , in which
Itwns sought to confirm the title in tlieso
plaintiffs , nnd prayed that whatevei title ex
isted in the defendant , Jlathowson T. Pat
rick , should bo dcciced to be held In trust lor
the plaintiffs and that ho bo directed to con
voy to them.
To this bill In equity the defendant ,
jMathCNVbim T. Patrick , filed an answer , avei-
rlni ; tltlo in himself and asking nllhmatlvo
relief. Atterwards , on thollrd day ot July.
IbG'J ' , this cause was submitted to the court
upon the recoul , and the coint cntcied its < io-
cit'O tli.it said action bo dismissed out of this
court "with preludico" to any fuither action.
The couit Iinds , as matter of law , that a de
cree of this court dismissing the bill in equity
with piejtidleo to any turthrr action aswrts
done in this case heio icfei led to , with the
pleadings standing ns thov did , Is n bar to the
claim of such plaintiffs In this suit ns
have not within ono year after majority en-
teied suit to vacate said decieo and had the
same vacated. In Dutaiit vs. I > fsex Co. , 7
Wall. U.S. 107. tlio couit says : "A decree
dismissing a bill In equity , nbsolnto In Its
terms , Is an adjudication upon the mciitsof
the eontrou'isy and constitutes a bar to any
fuither litigation ol the same subject between
tlie snmo parties. "
" 'A decree of that kind , unless made bo-
rauso of Bomo dulcet In the plea for want of
Jurisdiction or because the plaintiff has nn
equitable lemedy at law or upon sonui otfier
grounds which does not go to the merits , is a
ilnal'Jcteimiimtlonol tliucontiovcisy. Wncio
words of ( vualllicatlon such asltliont
prejudice' , or other teims Indicating a lighter
or privilege to titKo Imtlier local pioceiullngs
on the subject , do not accompany tlio decree ,
It Is presumed to 1m on the mei Us. "
ilniro\\healo Tuttle , B Allen i77 ! ,
JJIgolow vs Windsor. 1st. ( ! ray SOI.
Footo vs Uibbs. 1st ( Jray 41' ' .
The plaintiffs claim that the adverse pos
session \\lilclithoynndtlielr parents had ,
gnvo thorn n poi feet title. This they claim by
leason of nn alleged aiiiille.itlon ot the doc
trine ot iclatioii , nnd It is heio claimed that n
patent having been Issued to Sophia i'ullx.
that the Htatuto begun Id i tin asaiiibt lior and
tier gmntoes not tioiu tliod.ueof and issu
ance of the patent.Lnit nom the time \\lnm the
scrip was located by Sophia Fellv , upon tlio
land. This iiMsonlng is upon tlio concession
by the attorney lor plalntllla tor puiposes ot
argument that the patent conve.xed n tltlo to
Felix , had not the statute i tin against lief and
her grantees , it Is sufficient answer to this
argument to say that thu United tltntes sti-
pieinu court In the casoof ( ilbbons Chan-
lean. \Ynllaco IB , decided pointedly , that
tliodoetilnoof lolatldii hail no application to
n patent ot the United.Statcsso as toconshler
the patent us giving title at n prior dnto to Its
Iss'uo in such manner as to cause the statute
of limitations ol n slate to Intervene nnd cut
olE the person or Ids grantees to whom the
patent Issued , and thu eonit In that case say
that the statute of limitations of n state can
only begin to inn fiom the date nnd Issuance
ot tlio patent : so if this iiatent to Felix con
voyed tltlo then no mmnso poslosston on
that point Is good ns ten yea is did not elapse
from the Issuance of the patent until tlio
close of plaintiff' possession.
Hut It Is claimed by plaintiff's attorneys
that the location of the Sioux seilp passed
title Immediately to Felix nnd no patent was
necessaiy nnd that as tltlo passed Instaiiter
upon location ot scrip , that the ndveiso pos
session of thoCnuolls begun ruuninir nt the
tirst act of location. This Is claimed for the
alleged reason Hint thu net piot Idlng for the
locution of the scrip did not provide tor a pa
tent , but by its terms passed title uhon the
tciIp wns located. This argument Is upon
thu admission for argument s sake , that the
s land was subject to such lo sition although
\\ithln \ the cornointi ) limits of Umaha.
Tim net 01 confess did not piovlde for the
Ihsuaroo ot n patent to the half.lneedhen
located , but the net pun hies for n location of
the tcrip , which net of location is to bo evi
denced to the executive dep.utmcnt of the
Koveinmeut befoio the title will bo dedaied
There Is something for the executive
branch of the United Slates to paw noon , to-
wit : thd fact of n locAtlon by n proi > cr person
with proper authority to so locate. There
still being something to bo done both by the
locator and the government , the net of con-
cress ( though not In wotd requiring a pa
tent ) by Its whole context , makes n patent
necessary. There Is no paper shoit of n pa
tent that passes legal title from the govern
ment where the act convoying the lana lca\cs
some matters of fact for the executive to pass
upon , so that until the proper evidence of
these fads nro traced to tlio head ot the exec
utive department nnd a patent issues , no le-
gp.l title passes by tlio serin act , nnd the adverse -
verso possession did not begin until the Issu
ance of the pntent , which makes the adverse
possession only about nine years.
If the net of congress providing for the
scrip hnd left no matter of fact to tie passed
upon the executive nnd no provision for n
patent then the tltlo uould have passed by
the net Itself If t'lo land was sufficiently de-
sci ibed , which could not bo In this caso.
IJtit ns before stated 1 Hnd ns amntfcrof
fact these lands \\ero at the time of said pre
emption and location of scrip , lying within
the coipotato limits of Omaha , and thcicfoio
as n matter of law , I Hud that s itch lands
\\ero not subject to pre-emption or location
by the scrip. This question \\as fully de
cided by Justice Miller of the U. S. supreme
court in the case of Hoot vs. Shields , 1st.
Woohvoith rep. ! Hi. The leaiiied jndgo
hero holds that the lands \\lthln the eorpo-
ate limits of a cltv are not subject to pie-
cmptlon and tlrat decision Is satisfactory to
lids couit ; nnd If Itero not , It being n de
cision constating mainly a Icdcial act nnd
by so able a ledeinl judge 1 should haidly
feel like disregarding It.
It leaves , then , the question , If both these
locations vveic Illegal , vv hethcror not the con
firmatory net of congress passed in IbOO , giv
ing a title to thu lands in question to the half
breeds nnd their grnntees where the land"
then locntcd weio within the corporate limits
of a city.
This net claims to nfllrm a title , nnd It Is
claimed by plaintiffs' jiltoinoy Hint the net
does not hnvo Hint effect
1 do not sue \vhy congiess has not the nu-
tliorlty to con linn a claim of title \\hleh
would bo no title by reason of a prcoxlstlng
statute. The effect of thlseonflrmatoiy act isle
lo desttoy the opeiatlon of the old pio-i'iiiH ]
tlon act so far as It effects these lands when
filed upon under the scrip net. That is , It
was an act to exempt those paitlciilnr lauds
iioin the Invalidating terms ot all in lor nets
which prohibited lauds In the corporate lim
its of Omaha to be filed upon by u > o of Sioux
sci Ip , w hero a patent had alieady been Issued.
The title was In the United States until
this conllimatory act was passed and ap
proved. The United Stales congress could
give this land to whomsoever it pleased , pio-
vldlng in so doing theio was no constitu
tional piovislon in ( ho way. There weio no
vested lights in the way .so far as Iho Cairolln
woio coin-pined , ns llielr pre-emption was
piohtblted by the very act ol conmess under
which they tiled. It was then optional with
congiess to hold it or give it to whomsoever
they pleased. The patent having been is
sued to Follx.cougressby the confnmatory act
sawptoper to decline the title in Felix and
herginntees.
Tlio nttoineys for plaintiff say the confirm-
ntoiy net Is no piesont giant of the land1 ! . I
cannot so see it. No ono can can read the
two acts which puipoit to confirm the tltlo
without concluding fiom the context of the
acts that congress intended then and there to
convey title to Felix and hcrgianteos.
No paitieular woids aio necessary in nn
net ot congress to coinov title , ns in a deed
ot conveyance. It Is sufficient the land be
ing descilbeil , that a falrconstuictlon of the
language used makes : i irrnnt of the land ,
and this act so granted the hinds to Felix nnd
nssigns.
Theiefore judgment must bo leturncdfor
the defendant.
NOTKS.
The following cases were disposed of
yesterday :
Ley ! M. Bates vs Philip Gotthcincr.
Continued.
The May term commenced yesterday
Judge Neville presiding.
James North ys William S. Peabotly.
Continued by stipulation
William G. Hobutml ot al. vs Rudolph
Trossen ct al. Continued.
The criminal calendar will bo called
ono week from to-morrow.
In the matter of the guardianship of
James C. Jsh , aminor. Continued.
D. Carroll ct al. vs M. T. Patrick.
Finding for defendant and judgment.
In tlio matter of the guardianship of
Charles Athans , a minor. Application
dismissed.
15. Hestion & Co. Manufacturinc and
Mercantile Corporation vs. lludolpli Trea
son. Continued.
Anton Vravda vs John Krank. Defend
ant to answer in thirty days and case
continued by consent.
Henry Wahll , arrested on peace war
rant , was discharged to-day at the re
quest of the district attorney.
Tlio case of Lafayette Powell , charged
with the murder of Leslie at Florence ,
will bo called on Wednesday of next
week.
The bailiffs of the court for the present
term , as approved this morning by Judge
Neville , arc J. N. Phillips , Henry Grcbo ,
Frank Handhatier and Louis Urubo.
Juilgo Neville said that ho never had
so few applications from called jurymen
to be absolved from attendance. Ho ex
cused but four , MI-SSI'S. Piokard and Hen
ry Nester on account of sickness , C.
O'Leary for three days and Froil Dellono
for one week.
P. Tarpy has boon occupying a part of
the building on the northeast corner of
Thirteenth nnd Dodge streets. Hans
Young has also occupied it and paid rent
ior it for a month back. Yostordap
Tarpy toiind his goods moved out in a
mysterious manner. Ho claims to suspect
Hans as responsible , and Hans claims to
know nothing about it. Ho therefore
prays for an injunction to prevent Young
from making any further improvements.
A number of appeals were taken from
verdicts of the last lorm , among thorn
that of McGavock , who objects to the
finding of $100 in favor of Voss , tlio ar
chitect , for plans prvsontcd. General
O'Urien ' also took a number of other ap-
peals.
_ _ _
JinII Notes.
General Manager Call n way , who ar
rived from Chicago Saturday night , said
ton reporter for the Hii : : yesterday , that
while in that city ho had conversed with
officials of several 'of the roads with re
gard to Omaha'a proposed union depot.
" 1 think that the Hook Island , and Chi
cago. Milwaukee it St. Paul nro sure to
enter into thu sehomo , and although I
could not sco Mr. Hnghitt of the Noith-
western , who was out of the city , I believe -
liovo that his road will also eomo in. Mr.
Potter of the Hurllngton also conversed
with mo on the subject nnd promised to
lay the matter before the board of direc
tors. I think that his road will very prob
ably go into the scheme. . The cost of thu
depot , ground , tracks and all complete
will easily approximate $1,250,000. This
amount win probably bo covcrod by
bonds , to bo taken up by the dilli-rcnt
roads using the depot. "
Mr. Callaway said tttrthor that no stops
could bo taken towards building the
depot until the now freight house of the
Union Pacific was provided for. The
lots on Loavenworth street , on which the
now freight house is to bo built , is under
lease to Mr. Wakeliold until Fobrutuy
next. An effort is being made to bccuro
the land at once , so that work may com-
menoo without delay.
OMAHA BltlllGUS.
Chicago Times : It is now understood
why a second railroad biidgo is being
built at Umaha. The Jowa roads now ter
minating at Council Hlnlfs , the Chicago ,
liiirlinutim & Quinoy , the Chicago. Hook
Island A ; Pacillo , the Kansas City , St. Joseph -
soph & Council IHiitls , Iho Chicago &
Northwestern , the Chicago. Milwaukee &
St. Vaul.tho Huilinglon & MissouriHiver ,
and tlio Chicago , St. Paul , Minneapolis
& Omaha , desire to run into Umaha , but
on account of the charter unuor which
the Union Pacific bridge was constructed
wore prohibited from xlolng so. Under
the now arrango'ment tlieso roads will bo
associated wiUt the Union Pacitlo , and
will run their trains into thoucfr building
as soon as tlio bridge nndcr course of con
struction is completed as to permit their
crossing the river.
NOTES AND I'KUSONAtS ,
Samuel DoHovv. manager of the Cali
fornia Fast Freight line , is in Umaha.
T. L. Lyndo , of Chicago , traveling
passenger agent of tlio Union Pacific , ar
rived in the city yostorday.T
Kockvillo , a now station ott the Lonp
branch of the Union Pacific , will bo open
for freight and passenger business on
next Wednesday , the UHli lust.
Andy Dordcn went to Lincoln yes.
tcrday.
Thirty-nine of the western strikers of
the Union Pacific wuro discharged on Fri
day , and thirteen of them passed through
this city. They vvero very angry young
mon nnd called on Conductor Joe Hums ,
of this city , and wanted to do damnpn to
somebody bccauso thu brakemen hern had
not "gono out. " They wore informed
that the men hero were satisfied with
th'jir wages , and if the western people
had waited for them lo strike , they would
not now have lost their situations. The
mild answer turned away wrath , and the
dissatisliod men look trains east lo their
homes.
lie Failed to Koclnlm Her.
Jerry Buck , a well known brick mason
of Ihis city , was arrested by the police
early yesterday at tlio corner of IvMnth
and Douglas streets , for disturbing the
pcaco. IIo was put into ono of Iho cells
at the central station behind the bars of
which ho lold his slory lo a reporter tor
the Unn.
It seems that on the nth of Marcli last
Buck married n handsome woman , whoso
life , however , for four years had been a
degraded ono. Her nan > o was Nora
Hornard , and when she changed it to
that of Mrs. Buck , she did so with Iho ex
press determination of completely re
forming , lluck bought n house and filled
it up in good style and the two settled
down to Housekeeping. Everything wont
smoothly for a time and it really scorned
as though the woman was re
claimed , lint nlns for nil such
hopes ! Sunday Mrs. Iuck ? asko.d her
husband for some inonoy and obtaining a
few dollars she started out with a woman
neighbor to have a good time. She be
came intoxicated , and left her friend for
a burly coal-black negro named Henry
Thomas. She did not return Sunday
Early yesterday Uncle commenced a
search for his recreant spouse ,
tind about 8 o'clock discovered
her in company with tlio negro
in n house on Ninth and Douglas
stiects. Ho raged and stormed around ,
but his wife refused to return to him.
Finally ho concluded to telephone for tlio
police to have tlio guilty imir arrested.
The patrol wagon responded to the call
promptly , but when the olliccrs arrived
on the spot they concluded lo arrest
Unok , as ho appeared lo bo lee oxoitcd lo
control himself. "I tried to lift that
woman dut of a bait life' ' ho
said to the reporter as ho
finished his story "but it was no use. She
is too wicked. Hut I am bound lo have
her and that man sent to the peniten
tiary. ' ,
The Forgery Cnsc j.
Frank Popploton and William Kennedy ,
alias William Kclour , who were arrested
on Saturday for forging largo order.- , for
goods on Tootle & Maul , Vinyard &
Schneider and Robinson & Co. , arc still
in jail awaiting preliminary examination.
Kelour is a boy of but II ) years of ago.
An effort is being made in certain direc
tions to implicate him as the principal in
the crime , through the evidence in pos
session of the police makes this a some
what difficult matter. The olliccrs in
charge claim to have proof at hand that
others besides Poppleton and Kclour were
at least indirectly implicated in the
wholesale forgery scheme.
"I can't taJklo you about this thing
until I have seen a lawyer , " said Kclour
to a rcportprfycstordtiy : "all I have got to
say is that I am hero without friends or
money , and I am afraid I don't stand
more than a ghost of a show , when in-
tlucnlial iclativcs of Iho other men _ im-
plicalod are trying to saddle the crime
on my shoulders. When tlm limo comes ,
I am goin" to open my mouth and toll a
few facts. '
DAlr. Koch , of Tootle & Maul , is author
ity for the declaration that "a son of a
prominontcili/on"is ! not , as stated on Sat
urday , mixed up in this interesting caso.
The plan on which these sharpers op-
crated was to forgo orders for goods from
ono wholesale house or another. Printed
blanks vvero used lor this purpose. The
amountof the goods thus obtained docs
not exceed floO.
Late yesterday MY. Koch appeared
in police couit and filed formal complaint
against Kennedy , alias Kolottr , and POD-
plelon for forgery.
Uluclc null Yellow.
The otherwise dry police court proceed
ings were enlivened yesterday by llio
trial of a negro , James Garliold Hutohin-
son , known as "Chicken Jim" ( on ac
count of his penchant for hen roosts ) , for
assault upon a Chinaman named Ah
Gong , The Celestial appealed in court
with an interpreter and a head which
was covered with several thicknesses of
court planter on a spot where the negro
had dealt him a heavy blow with a cano.
"I tells you how it was , jedgo , " quoth
James , " 1 mot this yer Chinaman an' 1
says to him , 'Hullo , John. ' Then ho kind
o' looked queer at mo nn' ho says , 'Go
longco. you Moltcnn . ' T'liun
ho made a rush at mo vvid n knife or re
volver , an' of co'so , 1 has to defend my
self , KO I tips an' hits him will do cane. "
"That not so , " broke in Iho Chinese in-
torprotor/'China boy ho no talkee to yon
at all. Ho loteo you alono. You hitoo
him wid cauc , ho no do anything to
you. "
The injured Celestial rubbed the in-
jincd spot on his head , and ruefully
nodded assent to those ntturancos on the
part of the interpreter. The jabber bo-
tweeii the negro and the Chinaman con
tinued for several moments longer
greatly to Iho edification of the crowd in
the lobby. Jndgu Stonbcrg settled the
matter by lining "Chicken Jim"$10aml
costs. A bland smile broke over the
faces of Iho two Chinamen and they loft
the court room.
Found Dead in Iletl ,
, Henry Solomon , n colored man , was
found lying dead in a pool of blood in
his bed at his boarding house , 213 North
Twolftt street , iibotit 10 o'clock yesterday
Coroner QDroxol went at once to
the piaco and made a careful examina
tion of all circumstances surrounding the
sudden death.
The case was undoubtedly one of hem-
morhngo of the Jungs , as Solomon has
boon ill for some days with a severe
cold. This morning iio appeared to bo
somewhat , better , though unable to get
up or go to work. Ho ordered his break
fast but did not come down to eat it ,
The housekeeper thought this strange.
and going into Solomon's loom found
him half-sitting and half-lying on
the bed , his face pressed against the
quilts. Ho had evidently boon soi/ed by
an attack of hommorhago , and falling
on tlio bed face downwards , smothered
to death. No inquest was deemed
necessary by the coroner.
Solomon came hero a few weeks ago
from Kansas City , whore ho has a wife
and child living. He has been sick most
of the time since his anivnl in Umaha.
Up to the time of ins death ho was em
ployed as porter in Parker's barber shop
on Twelfth and Capitol avenue.
BuslnesH.
The bank clearing * yesterdayday were
$710,711.74.
Stccil.l Fleet nstlic AVInrt.
Un tlio 2d nnd 8d of July , the exhibit
of the Nebraska State Uroidcrs' ' associa
tion will bo hold in thli ciy at the fair
grounds. This will bcl tlic second dis
play made by the society , the other h.iv-
ing been at Lincoln at the last state fair.
The association intended to offer $ GOO in
premiums to its members , for the best
displays , but certain citizens agreed to
raise $500 of the amount arid give it to
the association to indncotthem to hold
their exhibit lioro. The .offer was ac
cepted , nnd accordingly the men who
have had their beauties nominated are
taking up quarters at 'the grounds.
There are hlty-slx entries , thirteen of
thcso are two years old , ten in three nnd
four years old , live in live years old , five
in the free tor-all , nine in tlio 2:15 :
stallion class , and four in the pacing
class. Besides the $000 in premiums
to bo given to the association , there will
also bo applied lo this use about $800
which will bo contributed as entry money.
The purse thus formed , when added to
the prestige given an animal by coining
out successfully in n contest whorp the
best of the lloclost slock of Iho slnlo is on
trial , is siilllclunt inducement to make
the interest of horsemen in the show ,
both deep and widespread. Tlio entries
of the exhibitors are pnyal/ta in throe in
stallments one of these live dollars has
already boon paid- the second of $7 r > 0 is
due on June 1 and tlio hist , also of $7.50 is
duo a few days before the Fourth of July.
There are now about twenty entries on
tlio ground , and some of those are inug-
nillcent specimens of fast stock. Kd.
Pylo of llnmboldt was almost tlio lir t
to arrive. He is on hand with the stal
lion Calfroy and eight of his colls.
This is a magnificent animal , fifteen and
three-quarter hands high , weighing about
1,100 pounds , of coalilaok , with u head
slighlly lighlor in shade. Kvory limb is
in pcrfcol symmetry the eye Hashing
with an exuberance of life and at Ihe
same limo of grcalost gentleness. Al
though not trainetl for the track this stal
lion lias madii a inilu in 1:20 ! : } on a half-
milo track , and has slioxvn a half-mile in
Itl'JJ. Kight of his children are to show
themselves worthy of his pai outage at
the coining races.
Among these are Al. Potter , a beauti
ful black , fifteen hands high , two j'cars
old , beautiful build , with excellent ovi-
ilenee of distinguishing himself upon the
true Ic.
Dick Wilde , a blooded bay , fifteen and
one-half hands high , lithe ot limb and of
build. His motion is ono of excellent
ease , of the gliding order. IIo has been
broken single , but has been driven to the
and shown 2:10. : This is ono of Mr.
Iiolo
'yle's pets and one which is bound to at
tract much attention at the show. .
Captain P. is a mahogany brown four-
year-old , out of Nanny , -mother bounty
and ono giving excellent promises of a
future.
Jenny Cobb , ono prized most dcarl.by
Mr. Pylc. She is out of a full sister of
Ma\ov Cobb , Nebraska's well-known
stallion , now dead. She is lifteen and
one-half hands high , of dipper build , and
possessing qualities which make her very
valuable.
McFarlatul is live years old , with a
slight white palm upon his nose which
gives him a knowing look.
Lida ( . ' . is another three-year old black
with shapely limbs and many lines of
beauty.
Another two.ycar old is Tom MoPon-
neil , which , however is not entered. Ho
stands fourteen and one-half hands high ,
is a bay and already has done promising
work.
H".sidcs , there is Mollie McCaffrey , a
gaxollo-liko lilllo creature , with willowy
structure , strongly suggestive of that of
certain queens of the turf. She has be
come a universal favorito.iand half an in
terest in her lias already.boon disposed ,
although there is no chance to enter
for display at the forthcoming' mooting.
All in all , tlm ono of most interesting
and valuable line pt young fast horses
that has ever been in our stables. They
are all Nubra knns and their success will
give an impetus to tlio breeding of fast
horses which must inine to the advan
tage of the state. A reference to other
ilyors at tlio grounds must bo deferred
till later.
Tlio New Home ( or the Dead.
Un last Saturday afternoon the trus
tees of the now Forest Lawn cemetery in
company with thu landscape aitist , Hen-
haw , went lo Iho giomuls of the associ
ation , immediately west of Florence , to
determine the part they would lav out for
tlio commencement of the new resting
place for the dead. The gentlemen com
prised Dr. Denise , S. F. Josslyn , A. P.
Wood , K K. Long , J. Howcn , Jas. For-
syth and Dr. Woou. The ground was
carefully inspected , the designs submitted
by Mr. Ilonshavv considered , after
which it was decided to begin work on
the most southerly and easterly fronts of
the projieriy. Those face Omaha and the
Missouri respectively. They comprise
eight acres , and will bo laid out in a most
beautiful manner wilh walks , drives and
lukoa , the water of vvliici ! latter being ob
tained from a stream meandering through
the grounds.
A Jjouo nnd Tcrrll > lo Death ,
A man was'on Sunday found dead upon
the Union Pacific track near Millard.
Ho was cut to pieces. When or by what
train ho was run over , couldn't bo nscoi-
laincd. It is supposed that ho was rid
ing on a train , and fell oft' and was
ground to pieces. No 2 , overland pas
senger , Sunday morning was detained
in consequence of the accident , the coroner
ner refusing to allow it to pass over the
remains which lay on the track during
the inquest. The deceased was ( J. II.
Howe , formerly a member of the Cigar
Milkers' Union of Council Hlulfn , and
more recently of Hiirlinglon , Iowa. The
president of the latter was telegraphed
to know what disposition would bo made
of the remains.
Police Court.
The court business disposed of by
Judge Stenborg yesterday was of mi
unimportant character. Nine "drunks"
were arraigned , threu of them being
lined $5 ana costs and the ( others being
discharged. Chas. Holler and Lewis
Svvinehart had become involved in a light
in a street car because onu of them in
walking up the aisle had 'trod on the
other's toes. They paid a line of ? 3 and
costs each ,
John Thompson nnd William Grillln ,
arrested for lighting out at QCesslor's hall
last night.were lined thu tibiial amount ,
upon payment of which they were re
leased.
National IMiittdoutacIicrs.
Umaha is to have another convention ,
this time a national ono. It will bo that
of the Plattdeulsehorsverein. . it will
convene on July 15th and continue until
the lUth. In connection with Iho busi
ness of Iho association there will bo an
unusual amount of festivity and rejoic
ing , llnscall's park has already been
secured for the ont-tloor exercises , while
the exposition building will bo used for
tlio others , Hesidos the delegates there
will bo n number of Plnttdentselio socie
ties present with a largo number of
members , for which the committee of ar
rangements are now scouring special
rates from the railroads.
A mat our Ken Men.
The Umaha Heat club has opened the
season with some commendable prac-
tico. It nopes this year to raise higher in
the scale than that of mere private and
athcletio association. With this end in
viuw , it proposes to F. N. Connor and J.
lirovvu , to cuter the double scull race in
the Mississippi Valley association , whlcl
meets In Moline , III. , about the middle o
Juno. There are many people who think
the pleasure of the pcoplo nnd club
members , as also the advantage of the
latter would bo effected if the orgnniza
lion were to hold somi-montlily.or at least
monthly regattas on their lake.
Upclt's Hotel , Lincoln. Neb. , opened
March 15th , first class in every respect
Absolutely Pure0
Tillspowdornovcr vnrlo * . Amaivolof puil-
ty , ationulli , m \vHilo I ] = < ) iiiiiop . Moio ecou
oinlciU tliim the onllimry Mmls iinct cannot bo
sold in competition \\ltli the mitltltitilo of low
tout , short velitlit , nlum or nhoiphuto pomlris ,
Bold only In cans. Itovu. U VKINQ 1'ovvnuit Co. ,
4MWnllSt.Now ( York.
Best Goods in the Market
'd , III.
Ask for our eroods ami sco that the
bear our trade mark.
DEBILITATED HEN.
You nro allowed a. free trial ofthlrtv days of the usa
of Dr. Ujo'i Cclpbrateil Voltaic Belt with Klectrlo Sus
pensory Appllani-cp , for the speedy rrllrf nnd per.
manentcuroof. A'crtoun Debility. loKaof Ttfa/ifi/ntul /
A'an/wort , null nil Llmtred troubles. Al o for manj
other diseases. Complete restoration to Health , Vlcor ,
und Manhood cnaramcnl. J > o rlskts Incurred. Illus
trated patnnhlol In Ftalrd cnvflnps mailed frop. ny au-
'
ESTABLISHED 1870.
LincolnSteamDyelorks
W. D. ROBERTSON. Prop'r.
O.llco . No. 1103 O St. , Woiltrt S.E. Cor. V. i Otli.
Lin coin , Null. Gouts * do thins Cleaned ami It
linked.
DELEXEI. & MATT ! . ,
( Successors to J. O. Jncoba , )
UNDERTAKER S ,
AND EMBALMERS.
At the old stnnd , 1407 FainnraSt Ordora by
telegraph fcolIclU'J anil piomplly uttondud to.
Tulculiono No. ' . " " !
_
T3th SI , Cor. Capitol Avenue ,
Tim TUB TJIEATMrNT OP ALL
Chronic & Surgical Diseases.
DR. McM EN AMY. Proprietor.
hldicnjfaiH' HiMliltul niul Vrlvato I'ractlco
We have tlio facilltlcti , nppnratn ? and remedies
for the successful treatment of cmy form of dig.
ca o rtniilrliiK either medical or surgical treatment ,
nnd Im Ho all to coma uud Invibtlgatu fur themeeh ca
or correspond with us. J.onjj experience In treat-
In ? canes hy letter enables ua to treat many cases
Ecieiitlflcally without seeing them ,
WIUTU rOH OIllOUI.AH on Deformities and
nrnceis Club Feet , Curvatures of the rJpltie1 ,
IliHiunEB of WOMEN , Piles , Tumors , Cancers ,
Catarrh , Bronchitis , Iimalutlon , Klcctrlclty , 1'arnl-
Vflu , Kpllcney , Kidney , Kju , iur : , bklu , Blood ami
nil surclcal operations.
UntlcrleH , Inhalers , Unices , TriiKM'H ' , and
nil l.lnds of Medical nnd Surgical AppHaucie , man
ufactured and for Kilo.
The only reliable Medical Institute making
Private , Special f Nervous Disease ; ,
' ' ' .
A KI'KCIAIA'Y.
AM , CONTAOIOU8 AND JILOOI ) DISEASES ,
from ttliatuvercniipoproducedeucumfully treated ,
\\'o can rcmoio Syphilitic nolton from the tjetcm
without mercury.
New re tornti o treatment for lots nf \ Hal power.
Aff. COMMUNICATIONS OONl'IOKNTJAI.
Call nnd consult na or tend name nnd posMiii'Ko
it < lilr ( . i plainly rlttcn cncloeo etamp , ami c
\\lll \ fend \ou , In plain urappir , our
PRIVATE CIRCULAR TO
vroN 1'mvAiu , brtciAi. AHU NKUMJCS
St.MIS'.U , WlAKNCS * . HrEr.MATril ; < lll
cv , Strums , ( Icwanimmt , ( Jtrnr , YAiticoru.ii ,
fiTIIK-lUIlK , ANC AIL DI-TABKS ( U < TUB OeNlTO-
UniNir.vOituANp , or mid history of jour tasufor
an opinion ,
J'eruons nniblo tol.t us may bo treated at llielr
homts , by coirefjiomlcnce. Akdielncjnnil Inttrir
inentH tent by null or express HKCUHKLY 1'ACK
ED rilO.M OUSHItYATlON.no marks to Inillcalt
contents or render. Ono pcmnnal Interview pro-
fericd If convenient , Fifty rooms for tlio uccoiu.
nioditlon of patients Hoard nnd nttendanco at
reasonable pilcea. Adtlrcca all I.utteiu to
Omaha Medical and Surgical Institute.
Car. ISthSt snd Canitol Ave. . OMAHA , N.D.
Accounts of HankerSMerclmnl | and others solicited.
Collections 1'romptlr Mado.
S. A. KEAN & CO. , Bankers ,
( Successors to 1'rcston , Kcan i Co )
100 WASHINGTON STREET , CHICAGO.
Municipal , 1C. 1C. . Local mill oilier Jtouda.
Send Tor l.UU.
Nebraska Uatibnlltanl
OMAHA , NEBRASKA.
Paid up Capital $260,000
Buplus May 1 , 1885 20,000
U. W. YATKS , President.
A. E. TOIUAI.IN , Vice Prcshlont
\f , II. S. HUOIIES , Cashier ,
\V. V. MoiJK , U"IBCTOKJOHK S. COLLINS ,
U.V , YATts , LE 'IS S. UKKU ,
A. B. TOU/CAI.IN ,
BANKING OFFICEt
THE IRON BANK.
Cor. 12th and Farnam Stroeti
Oouerol Jlwiklaif UiUlaeM fraaiA3tJl.
THE OF SOUTH
Fine Business Lots at the South End , and
Beautiful Residence Lots !
In the north ciul of this Town. Two ami one linlf miles from the Omaha pos
office ,
± ,000
s.
w
( TnXInp Into consideration the streets ntid alleys ) , And nro sold
One Quarter Down ,
nnlnncclnl , ZnmIS jenrsntT per cent.
The Finest Suburban Lots ,
Mounil Omnhn. 2JOfeet nlioro tlio Mlmourl lllver. Nowhere clsoiiboutOmnlnuro lociul such
lomc f lte < for Modest , Moillum orKlc nnt homos.
InvetllKitte tlili iinJeeuto porno of thin line tiroportT-
Before a Higher Appraisement is made.
DON'T 1IKMKV15 u word of bis until TOU Imvo tliorouslily InrcstlK.itcd It.
Thru thli property | < only two ami onolmlf mlles from Ouialu'i liustucii centor.
Ilinttlionltltuilolahliiti.
Tliiitlha location Is bciiiittrul.
Tlmt nuiplo trees nro planted on ench rlilo of tlio ftrecu.
Thut cnch lot contains ti.KXI pqu.irc foci with 3 } foot all j/ .
Tlmt tlio street ] nro SO "ml 100 feet wide.
Tlmt there nro six ( lummy tmlnsoicli wny , bc IJcs tlio refill ir tratni.
1 lint tlio street cnrs run to within one Imlf mlle of there.
Tlmt the street cars will run thcruthli year.
Tlmt the price Is one thlnl Ice than Is asked for proportr the siraoillstineala other illr3tloti .
Tlmt the lots nre ono third laritor than most other c
That they nre backed by n syndlcato representing f IQ)3,1) ) )
That there liunulro itly lieen eipenilc.l between f 1'JIW ) ) , mil $ ! , ) ) ) ,1) ) ) .
1 1mt thcro Is n line tystcm of miterworkj , furulstilug pure aprliu tratjr. -
Tlmt the railways nil coaler there. " '
That Fouth Oiualn Is n town of Itself.
Tlmt It hn Its own postolllcc. '
That It li in Us own railway sutlo J.
Thut It 1ms Its own newspaper.
In Fact
thnsTCCryt lilns toraiVn the property the vary bestpvlnzlnvjifnjnt In ncil-Estnta tolir.
Look Into It. Examine It Carefully
Don't Buy a. Lot.
Until yon nro convinced that thcro M no posslblty of Incurring n lo s. Tha himtsomo resldoncojlols nro
ono mile this ride ( directly not Hi ) of the UNION S roc 1C YAUDS wucro are locntcd the
Imna.cn.so
and.
Will ch In ten years will bo the TiAItOKST INDUSTHY In the west an I will ma'to property worth per fee
wlmt Is now ; islc I for u lot. The drain. IBO of tlio above Institutions Is perfect nnd Howaisoulli from the town
THE ABOVE DESCRIBED LOTS ARE SIMPLY PERFECT.
Any real estate nucnt will sell yon lots. Mm with horse nnd cirrlngo nt tho.lob.vjonrnnl onico , at the
"fcunimlt , " South Oni ih.i , hns rnups ami price lists and Is always rcndy to suun property. For further In-
foimatloii limps , prlcu Hats tind descriptive circulars , address ,
MILLARD HOTEL BLOCK.
Omaha , Nebraska.
IS
Oneof thG Bssb aYt3 LctryBSt Stocks in tliG U.S.
to Select from.
No Stairs to Climb , Elegant Passenger Elevator
C. E MAYNE
,
#
s. w. cost , iniii AV FAHNAM , OMAHA.
Propci ty ol cvory ilescritiou ) for sitlc in till parts of tlio uity. l/tnids lor sain In
V m Nebraska. A complctu set of Abstracts of Titles of loiigl" * County knpt.
ML : tps of the City , State or county , or ttny other information desired furnished
rco of elitiryo upon applieation.
M. BURKE & SONS ,
LIYE STOCK GOMMISSIOM MERCHANTS ,
QKO. , Mnnajror ,
UNION STOCK YARDS , OMAHA , NEB.
HRPEUBNCKS : Jilerchniits' nuit Fai HUMS' Hank , David City , Xi'b. ; Kt-arnoy Nillniml
fJanlc , Ki-ainov , Nob. : Colnmbits State ll.tiik. Columbus , Neb. ; .McDonald's JJanlc , Noitn
'Julio. Nt'b. ; Ouiiili'i Xatlonal H.ink , Oniahu. Nub. . . , . , , , , , , , ,
Will i > ay cubtoiuiMs' draft with bill of ladliu' attached for two-thlids vi'.luo of stock.
THE BEST THREAD FOR S EWING MAGHiNESJ
[ ml
SIX-CORD SOFT FINISH SPOOL COTTON.
Full Assortment for solo to the Trade by
VINYARD & SCHNEIDER
GOLD MEDAIii PABIO , ' 1878.
a.
ua
57 Warranted alioliitrlu pure
Cocoa , from \vblch lhecx o (
Oil Iiaa been removed , It bat thru
ttmei the ttrength of Cocoa mliul
with Starch , Arrowroot or Suear ,
end U Ilicieforo far inoro economi
cal , totting tttt than one tint a
cup. It la dellcloui , nourldblnK ,
etrcDgllunlnj , easily dljMted , ntnl
admirably adopted for Inllda aJ
well n for ticreoiw jn biulth.
SoIJ Ujr Urucfr eTCryiibero.
W. BAKER & CO , , Dorchester , Mass ,
Vr"AiD &tioT wfc"S'uo
Guru without nicill-
A POSITIVE clliu. I'litontoi Ck'to-
borlO , J870.
Ono \mx \ will euro
tlio moat obtlnato case In founlays orloii.
Ni naiitcoiiB dosoj of cubebs , copalliaor oil of
tnndnhvuod Unit uro tcrliUn to proiluto < lyd | > or > -
6Hi by dottiovliitf tlio coutiiui of tlio Btoiuacli ,
J'rlio81.W. gold by all rtiuwlfct * or mailed ou
receipt of l > Uco. Kor furllior l > - rtliilai o"it
forciicular. I'.O. lloxl a
T. C. .A.Xjrj.A.iT CO. ,
UIJohnM. . Now Vorlt.
J rru , combined. Uuuraiitetcntia
'only 0110 Jntlie worlUt'U > iralli >
A * * Wt * 9yrr'r contliiuoui Kltctrti < f Jlaantllt
'Iffffffl' & ' ' . ' .
'rurml. hckiitlllc.l'uwirful. Dmable.
\lj//yComfort Mo mid 1 ( TiflUc. ArclU Jreudj.
l Orcrd ( Killciirnl. Ml.ilMiunpfoi-iain.LIct. | |
AJXI rt.fiiritio in.i/irf roit I > I IAHI.B.
Oe. MORHE. ttuEuioa. l Jl WACAJ.I Mi.Crnmta ,