flfflS OMAHA DAILY BEE : SUNDAY , JANTAHY l , 1 S/-TWELVE PAC. f
n nn * TII nvii t VPPH TIIMPVO
SABBATH SlILLaESS REIGNS
Hostilities Suspended at Lincoln and the
Baltlo Field Almost Deserted.
SUPREME COURT PROCEEDINGS.
Another lionjr t < l t of liilrrcillitK Ic-
cMouq Hnndcit Down The Con-
RtCKntlonat Chiiroh Dcillun *
I Ion Arrested for Forgery ,
Irnow THE nr.v > uj cot.v nrar.Atr.l
Almost ft customary stilin < " pervade *
the corridors ot the botch tills Sunday ,
anil but very few of thu law-makers have
remained In the city over the first day of
tlio week. The senatorial headquarters
of llii' niimorou ? candidates nro practi
cally deserted. The senatorial candi
dates , whatever may bo their real feel
ings , do not appear disposed to show the
resentment and vlmlietlvonus3 toward
each other that has heretofore character
ized our senatorial contests. Senator
Van Wyck nml Mr. Paddock , and Judge
Weaver , all in this temporary cessation
of hostilities , speak in pleasant terms as
they pass bv. and it is especially nollea-
bio that the warm friends who surround
( Jcnnral Van \Vyok sco very bright and
promising skies on this holy day.
llerold vs htnte , Knor liom Lancaster
coanty. Alllrinccl. Opinion hv Iti-eso , . ) .
Mnxwcll , Ch. J. . dissents nd to the suooiul
clause of the syllabus.
1. Section ' . ' 8 of chapter ! tt of the com-
] iiled statutes , being chater ] ) < IO of the
Hc'sinn laws of 1 83 , in so far as it pro
hibits the fraudulent sale , transfer , score-
lion , encntnbranco or disposal of proper
ty with intent to defraud creditorsis con
stitutional and vul.d.
! i. Instructions prayed for and refused ,
examined and held to liavo been properly
refused.
Jlclphrey vs Itcdlck. Appeal finin Douglas
enmity. AHlimcd. Opinion by Maxwell ,
Uh. J.
1. A judgment only binds parties and
privies. A tax purchaser of real estate ,
not a party to an action to enjoin the
treasurer from issuing a deed , nor ap
pearing in the action , is not bound by
the decree.
! 3. An action to foreclose a tax lien on
real e.stato may bo brought on the tax cer
tificate , where it is alleged in the peti
tion that a deed would bo invalid if is
sued , and such action may bo brought
within the same time as if brought on a
tax deed the title under which hail failed.
! ! . A notice to redeem is not indisponsi-
bio betore bringing an action to foreclose
a tax lien , although the failure to give
such notice in certain cases may effect
tilt question of costs. Lammcrs vs. Coin-
stock , ill ) N. W. U. , 231.
llutehliison vs. Hiiuhard. Eiror from Kear
ney county. AlllrmcJ. Opinion by Max
well. Ch.J.
\V herein an action by a wife asrainst
certain saloon keeners anil their bonds
men to recover for io-.s of means of .sun-
port caused by intoxicating liquors sold
lier husband , iho jury returned a verdict
forsjaj'lO. ' Held , that the evidence fully
sustained the verdict.
Slide Us li'nl lA'eso vs. Wilkinson. Applica
tion lor mandamus. Writ allowed. Opin
ion by Reese , .1.
On the lir.st day of January , 1870 , the
county of 1) . in pursuance of a" vote of the
people so directing , issued and delivered
to tla > Covinglon , Columbus & lllack
llill.s railroau company , its negotiable
10 per cent , coupon bonds for the sum of
$ ! ' ! 5 , < WO , that being moro than 10 per
cent , of the assessed valuation of the
county. These1 bonds were duly regis
tered and certilied by the county dork of
1) . county and by the secretary and
auditor of the state. Afterwards the
county refused to pay the interest and an
action was instituted against it in the
circuit court of the United States for the
purpose of collecting the interest duo on
thu coupons. The defense of the illegality
of tlio bonds , owing to Iho excessive is-
MIO , was interposed , but the bonds were
hold valid in tlio hands of a bona tide
purchaser for value , and judgment was
rendered againitthe county forlfii ( ! > - . ! > l.
No proceedings in error or appcall were
then taken for Iho purpose of obtaiug a
review of that judgment. The county
board then agreed with the holder of the
bonds to execute to them twenty-year six
per cent lefimdiug bonds , to bo substi
tuted for HID bonds of 1H7 ( > , under the
provision of _ the act of February i.8 , 1H3II.
The refunding bonds were executed and
registered and certified by the county
clerk , but the secretary and auditor of
htate refused to register them or to cer
tify that they were lawfully isMiod , alleg
ing biich wa- . not the fact. The county
then applied to tlio supreme court for a
mandamus to compel action bv the state
ollicers and judgment was obtained in
favor of the county , awarding tlio writ
and compellinir the fortification and reg
istry. After they were certified and reg
istered by the stale auditor the county ex-
banned them for the oiiginal bonds
of IHTti and the interest accrued thereon ,
and destroyed the original bonds. In an
action to enforce the payment of the in
terest accrued on the refunding bonds ,
it was held that the county was estopped
to deny their validity in the hands of a
bona lido holder of value.
Knit lor * Johnson vs Scliroetler. Krror froa >
Ilntlor county. KovorM'il and remanded.
Opinion by .Maxwell , Oh. J.
I. An action appealed from the county
court to the district court must bo tried
on substantially the same issues as were
presented in the county court , unless
some matter , Mich ns payment , release ,
do. , has arisen since the tormer trial.
8 Procedure. Where change of cause
of action does not appear on the face of
the petition , it may bo sot up by the
answer.
II. Uvidoueo examined and held InsnlH-
clout to sustain ( lie verdict.
I. Where a reaping machine was sold
with leave to test the same by using it for
one day , Hold , tlutt the word day is to be
understood with reference to the usage ol
farmers in working with such machines
fi Whore a machine was sold condi
tionally and notes given for the purcliasr
price , which notes were to be returned
incase the machine failed to comply with
iho warranty , held , that the return of the
machine , if properly made , was a sulli-
ctont demand of the notes ,
Aultiimn , Miller it Co. vsStichlrr. Ktroi
liom ( iceeley coiintr. Itovorscd and Ho-
nituulrd. Opinion by Cubli , J ,
in replevin , the plaintiff's CSUKO of ac <
tion depending essentially upon the righi
to the immediate possession of the prop
erty m controversy , a general denial b }
the defendant , puts In issue not onli
such right of possession , but every col
lateral fact no o ary to tlu establishing
of tlio same. In such ca o , held , that
an answer containing a general denial
\sill not bo required to bo nuiio more
dcllnito anil certain.
2 In replevin , damages other than
legal Interest on thn value of the prop
erty. as found , for tin * detention of tin
propuity , are recoverable only in oa&o o
a return. If the property is not returni'i
the mi-aauro of damages is the value o
the property as provml , together will
Ianful nttori'it thereon from the date ol
the unlawful taking. Suy llomberg vi
lluglio - , 18 Neb , 57 ! .
a 1'lamilirs contract of warranty con
strnod
KiKiplmit VJ 1'o.orU Plow Co. Error fron
Ktilmuio county. Ko VIM soil atu ( leiu.uulod
Opinion by ( 'obb , J.
Ono I ) , was ik local agent for a liar
vector machine ifompany for the sale of it
lueuiitM. ! . Hu sold a machine to R. tak
ins his not o-therefor payable to tin.
/ rdifV of the harvester company , Ono o
UvsiMKUc-i 1) . endorsed 11-5 follows"Si ;
i'anj harvester worUs , 'per J. 11. Dor
'ruio * , agou't , " ii'uil'by an'arramjomen
vith a person reprc.-cntcd to be the gen-
ral agent of said company , IOOK said
ioU" for his commissions and afterwards
> aiscd it to the plaintiff. Held , that the
iropcrty of the harvester company , in
aid note was not divested bv such in-
lor-srinenlanil that the plaintiff could not
mover thereon.
Clieiiey vs Harding. Appeal from Oleo
comity. Aflirnicd. Opinion by Cobb , J.
An acknowledgement of the orvico of
x summons , in writing on thn buck of
such .summon" , signed by a person to bo
served , held to be equivalent to actual
rjrul service of such summons by the
slierin" , lo whom the same Is directed ,
nude within his proper bailiwick ,
nluicr vs Helcher. Krror from Valley counly.
Allirmcd. Opinion by llccse , J.
A summons was issued by a justice of
lie peace and delivered to the sheriff of
the county for service , who returned the
same with the manner of service endorsed
thereon as follows : "August 23. 1831 , re
ceived this writ and on the 2od day of
August , U5S1 , I served the same on the
within named defendant , H. J. Palmer ,
> y leaving n cony of the wUbin summons
withCicorgu Palmer , and by him , the said
'Jeorgo Palmer , In my pro.-oneo at the
.line uf said service , delivered the same ,
joing n true copy of the within summons
with all the endorsements thereon cerli-
led by me to bo a true copy , to said H. J ,
[ 'aimer. " properly signed by the ollicor.
Held , to bo a compliance with the re-
luirornonts of section Oil of thu civil
code , and that the service gave jurisdie-
.ion.
Iliown vs Herr. Krror from Kilbuorc county.
Allirmed. Opinion by Cobb , J.
1. In an action , where the cause of ac
tion or ground of defense is based upon a
conspiracy by two or more persons to
perpetuate a fraud upon the party as
serting such cause of notion or ground of
lefcnse , the acts and declarations of _ one
) f r.ueh company of conspirators in re-
; ard to tlio common desiun as affecting
lis fellows a foundation having been
aid by proof .sullieicnl in the opinion of
lie court to establish , prima laeic , the
'act of conspiracy between the parties ,
> r proper to bo laid before the jury as
tending to establish such fact in pursu-
mce ottlic original concerted plan and
with reference to the common object ,
may be given in evidence.
! i. The evidence examined and hold to
sustain the verdict.
! 1. The instructions prayed anil refused ,
and those given by the court on its own
motion , as copied : } t length in the opin
ion , belli , lo have been properly refused
and given.
HKOIO.VTIOX MJUVIC'US.
To-day occurs the dedicatory services
of the handsome l'ir t Congregational
church of Lincoln , which , now freed from
debt , will receive the final service in its
history of construction. Hey. lr. ) Ma-
goun will deliver thtJ sermon am a
choice choir , comprising the following
members , will have charge of the music :
Mrs. P. V. M. Haymond , director and or
ganist : Mrs. C. b. Lippiucott , soprano ;
Sliss Uertha DoWitt , alto ; Mr. Everett
Kddy , tenor , and Mr. J. B. Hnrnaby ,
basso. The morning programme is as
follows : Organ prelude ; invocation ;
hymn , " 1 Love Thy Kingdom , Lord" ; re
sponsive reading of .scripture ; anthem ,
"O , Praise the Lord" ; financial state
ment , T. H. Loavitl , church treasurer ;
music , duet ; thank offering ; music , "As
Pants the Heart" ; sermon , Hev. CJeorpe.
Mnironti , I ) . I ) ; song , "Nearer My ( iod
to Theo" ; dedication" prayer , Hov. Lewis
( Jregory ; benediction ; organ po tlude.
The evening services , while not as elab
orate as the morning , will bo of excep
tional interest. Kov. A. V. Sberrill , 1) . 1) . ,
of Omaha , delivering the sermon. His
torical remiiiisconseri will bo given and
the choir will render some choice selec
tions in music. It may be stated as an al
most foregone conclusion that the * mem
bership : uid friends of the church will
crowd the IIOIHO to overflowing with at
tentive listeners.
roit rAssixo ronmi : > cnnric.s.
A man giving his nnmo as J. O. Hewitt
was under arrest at the police station yes
terday charged with passing forged and
worthless checks. On his person when
found was n cheek for $100 on a Wahoo
bank , and this is evidently evidence
nirani't him. For several days a number
of firms in Ibis city have been victinu/.ed
in small amounts by some sharper and
the police have been actively at work
ferretiuK out the chaps. A number of
saloon men were among the vietimi/.ed
and also restaurant men and small deal
ers. The checks were mostly on banks
outside the city making it easy to work
for several days without discovery ,
roit I'Ai.sn iJii'uisoNMr.xr.
Yesterday in the counly court the case
of Kansas City Ann. as the female in
question is known in police circles ,
against OllicersMaloi.e and Kinehlow was
called for hearing and alter some evi
dence was taken the case was continued
until Monday. This female is one of the
quartette who wore arrested a few nights
nao by these oliicor.s at whicli time an in
cipient not was in progress among at
least a portion of them. At the trial of
the o arrests 1C. C. Ann was acquitted by
a jury ami now commences a case against
the o'lliccrs for false imprisonment. It is
rumored that there is some revenge along
with all the mixture.
A CASK OF HAD Tltl'.ATMKXT.
The police yesterday picked up in front
of a saloon near the depot an aged , do-
creitid individual , who lyin-r on the walk
in tlio intense cold of the day , was well
nigh frs/.en when taken in.Vhen taken
to the jail the man's name was found to
be ( Jeorgo K. White , from Linn Grove.
Iowa , and ho was a cripple who moved
about on crutches selling cards contain
ing doggerel poetry and gaining sympa
thy as an old soldier. Ho had entered
the saloon and put that within him
which stole what Httlo locomotion ho h.id
and as it was understood , was then put
out to freexc or live , just as it might hap
pen. If it had been night the latter to-
suit would evidently bo recorded , and aa
it was , his call was a close one.
T. 1' . A. NI1W.1 AND NOTI > .
CV. . Chambers departed eastward on
a trip over the road , his destination ,
MoCook.
K. Klliolt , slate ngont of the ( Hidden
Narb Wire Co. , of Dokalb , 111. , called at
Po-t A. headquarters Monday.
( Soorgo 11. Clarke.secretary of Post A. ,
and IJ. L. Martin loft the lirst of the week
for Omaha with their samples.
William Holland , representing Sim-
inonds iV Co. ; 111. , visited Lincoln 1'oat A.
club rooms \V \ cdncsday.
The chairman of the sick and relief
committee of the local post called at tin :
hoiiio of flit ) absconding tnivolin ; ' man ,
J. K. \ \ ilson , and found Mrrf , Wilson
almost destitute. Kt-lie.f win promptl.v
furnished , but not because Wilson was ti
T. P. A. as ho never belonged to the or
ganization.
Colonel Colby Friday introduced a bill
in Iho .slate senate , a portion of winch ,
at least , is of interest to the T. P. A.
membership. Thu bill calls for passen
ger ratcn to be limited to 8 cents poi
milo , and the amount of bacg.igo to n
person to be fixed at 2. " > 0 pounds , and
the boys who are bothered with extrn
bag'iago expense would bo glad to set
the limit raided.
Tin : \VKKK'S AMrsr.Mr.xr.s
at tbti theaters the past week has boon
confined at the opera house , with the ox
caption of one evening , lo the produo
tion of the "Naiad Cjucon" which althougl
almost a total product ot borne talent
has dolightcd Lincoln people to such at
extent that the audiences have excecdei
the seating capacity of the liouso eacl
evening. On Tuesday evening Mr. am
Mrs. Florence will give the members o
the legislature a les > on in the uroiluctioi
of the "Mighty Dollar , " and theuiiivurim
favorites that they are with Lincqli
amuspmu-nl levers will accord , to then
one of thu bast houses of the season.
llabbi llouson loaves this morning fo :
t'ic West ouolllui.il duties.
AFTER LIFE'S ' FITFUL FEVER
Death of General Gcorgo M. O'Brien ' , Vica
Commander , 0 , AK. .
THE PRINCE - DINGLEY RACE.
Tlio Test Insurance Cafe The Tlapllst
I'nlvcrsUjTlio OrnioHo Soci
ety The Clearance llcoord
Other Local SInttcrs.
Qnirtly Passed Away.
Last night at nine minutes lo 12 o'clock
( icneral George M. O'Brien died at his
residence , 018 South Kightconth street.
L'or the last three days his life had been
despaired of , though for several days pre
viously , it was thought ho would survive
the attack which prostrated him In a
most painful manner. The general , un
expectedly to his friends , was taken ill
shortly after Now Vcar's , and what was
supposed to be a temporary affection
soon developed the malignant typo which
made him almost helpless from
iho outset and finally resulted
in his death. This announce
ment will be received with a consider
able degree of astonishment , because the
[ ihyslquo and vigor of the general , and
the excellent condition in width he had
been , and which , In fact , had character-
/.cd his whole lite , led his friends to be
lieve that he would bo able to recover
From the stroke anil again appear in their
midst. Insensibly , however , the disease
fastened upon him with so much strength
that , on Now Year's morning , those of
Ids family who resided in tlio city ami
Lhosc who had been drawn hither from
abroad , gathered around his bedside and
tearfully bade him adieu , because it
seemed that he could not survive the ad
vent of the new year.
Despite the anticipations of his medical
attendants and the fears of his family ,
however , the general regained conscious
ness and seemed to realize the danger in
which lie lay. I lis exceeding gooil nature
and indomitable energy came to his res
cue and , with returning strength ,
which followed most skillful
treatment on the part of his
physicians , Drs. Loisonring and Neville ,
lie resolutely fought thu .advance of the
fell destroyer , who , however , hovered
near. So great was his improvement
that , for several days , physicians , rela
tives and friends felt that , barring an un
favorable turn , the prostrate gentleman
would outlive the attack. This im
provement continued until last Thursday
night , when , in connection with his
ailments and weakened condition , his
malady assumed a new form. Medical
skill was invoked to relieve him , however -
over , without success. It then became
apparent that there was no hope for bis
recovery , and from that time until the
hour mentioned above , lie gradually approached
preached tlie portals of the tomb , which
liave now forever closed upon him.
During his illness ho has been , for the
greater part , conscious. He has fully
tecognized all the members of his family ,
and even longed lor members of it who
bad been separated from him ,
by both lapse of distance and time.
Those , however , by a happy dispensa
tion of Providence ami the intervention
of electrical and railway facilities , were
gradually brought to bis bedside only to
receive , however , the recognition
of a man who had but a
short time to enjoy their presence.
Among these were his brother , Captain
Nick O'liricii. of Cheyenne ; his daughter ,
Mrs. T. Joe Fislior , of the same place ,
with her two children , Willie and Lor-
etla ; his sister , Mrs. M. A. 1'eichert and
sou Francis , of Milwaukee , Wis. ; his son
( Soorgo , of Seattle , who arrived after a
journey of six days , and wno will now
remain hero in the practice of the IMWJ
and another son. Nick , train dispatcher
on tlie Union Pacific road at Kawlins ,
Wyo. Those , totrether with his daughter ,
Mrs.V. . A. Mclvlroy , and her husband ,
Ins wife and daughters , Maggie , lioisio
and Frances and son Mo-.es . ,
with a number of friends , .sur
rounded his bed. when , with the ut
most peace , ho resigned his life to his
maker. The presence of these loved ones
was a consolation which seemed to rob
the occasion of its terrors and constituted
: i boon not often vouchsafed even the
most notable of earth.
( SeneralO'Hrien was born in CSarymoilo ,
County We.xford , Ireland , May 1 , lHi .
Ho was a lineal descendant of the his
torical house known as ( he O1 linen's.
His mother was a daughter of the cele
brated General Codde. His early educa
tion was received from private tutors ,
and after a preliminary training
lie was sent to finish jus
education in the academy at Coolgarilf.
In is 15 he entered unon a collegiate
Lour e in Wexford. During the famine of
181(1-47 ( he loft college and assumed the
dntios of clerk in the barony of Scara-
walsh in connection with the public
works , for the relief of those suffering ;
from the failure of the crops. Ho took
an active part in the patriotic uprising of
ISIS , made memorable by the leadership
of his kinsman , William Smith O'ltrion.
Upon the failure of the movement , which
resulted in the arrest of many
ot the leaders , ho sailed with his
lather and family to this country
reach in K Milwaukee , Wis , , Juno 14th.
IHl'.i. ' There ho beeamo a civil engineer
and riiryeyor , and followed that busi
ness' , during intervals , howovcr , devoting
himself to the study of law. In Septem
ber , 1831 , ho was married lo Miss Kale
K. O'Carroll.hon tlio war of the re
bellion broke out ho enlisted as a private
on tlio llitli ot April , 180J. in the Clay
balnllion , in the city of Washington.
He became subsequently colonel of
the Forty second Io\va infantry and the
lust commanding officer of the Seventh
Iowa cavalry and earned by gallant and
meritorious services the rank of briga
dier general by brevet , which rank he hold
fiom February , 18(13 ( , until his nmstor out
of the service 0:1 : thh 17th of May , IbUii.
lie came fo Nebraska on Hie lilth of
August , IfcOJ , in command of _ an expedi
tion against the hostile Indians ,
who , at that lime , were a menace
to western settlers and the extension
of the frontier , ami served in the
plains of this.state and Colorado with both
credit to himself and command against
tlio repacious attacks of the savages of
tliojo days. He wti mustered out of the
stTvicu in May 1 , ifj'J'J , when he moved
with bis family to Omaha , whore ho was
fciicccssively admitted to practice In the
courts of Nebraska and the United States ,
Ho continued in the practice of his
protcssion up to the time of his
death. Few men were moro ex
tensively known throughout the state.
His early experience upon the plains , his
connection with causes of state import ,
his allilialion with and interest in the
( J. A. K. , his warm support and associa
tion with civic organizations in which lie
always rose to eminence anil dis
tinction bis geniality , kindly
and eminently social disposition
aondnend to u popularity co-extensive
with thu limits of the state lUclf. NL
moro kindly , generous and friendly man
graced the walks of any profession , lie
ditfered from men , but ho never frowned
upon them. His smile was always ready
to meet thu friend or placate the
enemy Ho believed in reason and
put his belief into practice , while ho ov
cried hm mtluonco to correct abuses ami
h among hU associates thu heart )
brotherly fcclmg which ho thought
should ever 6btaln between man and
man. Throughout this , state , there are
few who know General O'lhien
who did tiot know him ns he
should have been known , patient , mock ,
kindly and generous , and who , knowing
him , will not shed a friendly tear or ex
press a fraternal regret that ho lias re
sponded to the l.T-t and unavoidable call
of both civilian and cili/cn. At the time
of his death , General O'Hricn was senior
vico-commandei-of the G. A. U. In the
department of Nebraska , and , as a con
sequence , In view of the election
of the commander , General Thai ot
to the governorship of this slate , ho
would have been compelled to assume
the duties of the position ot the latter.
Hut these duties will now devolve upon
other men. The date of funeral will bo
announced hereof tor ,
K. M. A.
All members of tlie K. M. A. arc re
quested to inert nt their hall at ! o'clock
tins afternoon to take action in regard to
attending the funeral of General George
M. O'Hrien.
MOHSK'H imussooons aioXDAV.
New KmlirolderlPH Mao on Knle.
S , P. Morse iVs Co. will continue their
clearing sale of Dress Goods Monday ;
there must bo hundreds who would have
como last week but for the inclement
weather. Ono of the great features aru
the combination suits that are less than
half price.
COMH1NATTON SUITS * 9.
These are embroidered and boncle
trimmed suits that have never sold lo-s
than $ in , some for $20 and some $25. All
reduced to . ? ' . ) S. P. Monsi : & Co.
COMBINATION SUITS ! ? 1 ! > .75.
These are beautiful camel's hair and
shooda cloth suits , richly embroidered
with plush and irridoscont trimming
they .sold for $ : , $ : i.50 , and $10 and we
oiler you the choice at $10.75.
S. P. Moitsi ; * Co.
COMBINATION SUITS $23.
These are hand embroidered Paris robe
patterns that co t 5510 to import and are
worth $50 each ; our price $ ' . ' 3.
Paris Combination Suits that were $75
will be sold for $ : J7.r ) ( ) .
Paris Combination Suits that wore $85
reduced to $ l'J.i)0.
Paris Combination Suits that wore $100
reduced to $50. S. P. Monsi ; > fe Co.
KNOUMOl'S SALU HKMNANTS.
Wo have thousands of yards of good
remnants in dross goods 2 to 10 .yard
lengths that will bo sold for about half
price
NEW HMIWOIDKllIES.
Our now embroideries have arrived and
will be placed on sale Monday morning.
S. P. MOHBE fc CO.
TIIK 1UOVCLI1CAC1C. .
Prince Pofcatu ningley hy HimlVorlc
Oilier Notes.
Fully one thousand people watched
John S. Prince , the champion , and Frank
Dingley make 500 circuits of the track in
the exposition building in their bicycle
race for $100 : tside. A large number of
ladies were present , the audience alto
gether being the largest and best that
has witnessed- any one race in Omaha.
The men wore both in excellent trim and
made a hot race from the start. Dingley
had many backers in the audience and
bis work showed the force of Prince's
statement that ho is the second taslest
inatHu the country. Prince and Dingley
led in turn and were close together for
most of ihu race. The champion did
some treiiieirtlous spurting , but could not
shake Dingley , At the linish Dingloy led
until the last two laps , when Prince by
one of his phenomenal spurts got the
lead and was about forty feet ahead when
the fifty milo notch was passed. Both
men were loudly applauded at the finish
and were surrounded for a louir while
after the race by congratulating
friends. The time of the race was
'J hours , 51 minutes and ! ! 1 seconds. This
is considerably less than Prince's cham
pion record for the same distance made
In Minneapolis , which was li hours , l8 !
minnles and -fi seconds.
AN ATiii.unr iorKX.\.Mi.NT. :
Prof. Kiminierow , tlie instructor in the
turnvcrein , will aid Prince in getting up
an athletic tournament , lo take place at
the exposition building some time this
month. The programme will include a
footrace , jumping , dumb-bejl lilting and
other athletic features including a profes
sional handicap bicycle race for five
miles , in which Prince , Dingley and Bul
lock will participate. Prof. Stulik , the
great Bohemian tun. or , will aUo take
part in the entertainment.
wiu , UACI : A srifi.srKi ; .
K. N. Bullock , who has been unsuccess
ful in his attempt to get a race out of
Fred Shaw , has made a race with Houri-
han. the .sprinter. Bullock is to run five
miles on the nicyelo against Hotirihan's
throe miles on foot. The race will t.iko
place inside of three weeks.
Thn liattluol * i
John Mulvany'.s famous paintintr , the
"Baltlo of Aiighrim , " was placed on ex
hibition yesterday at Hospe's art store ,
anil many of Omaha's connoisseurs took
advantage of the opportunity to study
the magnilicont work. The picture is on
a canvas 0\1 } ! foot , and is a grand repre
sentation of the desperate encounter in
that awful cavalry struggle on Sunday ,
July 12 , 101)1 ) , which ruined the fortunes
ot the Stuart dynasty and set the seal of
servitude upon the people of Ireland.
Mr. Mulvany , who is a thorough Celt ,
has seen some ot tlio most sanguinary
uncaguinents of the American civil war ,
and in thvs paintini ; seems to _ have been
inspired by his native feeling in port rayIng -
Ing the great combat for liberty. The
picture is full of color and life , and i.s not
so much of a painting as it is a battle ,
Tlio-i who saw it yesterday wore en
tranced , and as it remains on exhibition
for a number of days longer largo crowds
will undoubtedly avail themselves of the
opportunity to sco thia woik of art.
Mr. Mulvany has also another noted
battle painting representing Custer's
last rally , whieu has given him a world
wide reputation. '
The KaptlHt University.
There will be a meeting at the First
Baptist ehureli in this city Tuesday , the
llth , at 7:150 : p. m. , to take steps toward
securing the location of the Baptist uni
versity at Omaha. The trustees of the
Nebraska Kdilcatlonal association meet
at Lincoln on February ! ! to pass upon
several propo'llioii , which will then bo
submitted to them , 'I his larire and fastly
increasing denomination prouoso to
found in Nebraska a largo and first-class
Institution of learning. They will expend
all their forces upon this one college. If
it could bo located at Omaha it would beef
of very great advantage to our city. With
all our present great advancement wo
lack very much in the facilities for ob
taining a higher education. Wo have
heard th ; t Lincoln proposes to m-ikn as
urood a proposal to the Bapti-ts as they
did to the Methodists. What is Omaha
going to do about it
A i'ollon Alarm Systoin.
The council committee on police with
the committee on lire and the chief of the
tire depnrinent have buon considering
the advisability of supplying the city
with a police alarm signal service , and
examining into the relative merits of tlie
systems upon which propositions have
been made to the council. The commit
tees uro unanimous in tlio recommenda
tion that thu service be put in and will
meet on Monday to make a choice of
dj-stcms which they will recommend.
1
1519-1521 Boiiglas Street.
aOOOO
Mtwctf H'c Must Jfttre. I'r/r/'s / / IVo Object ,
Great Remnant Sale Starts Monday Morning !
SPESiil SALE FOR MONDAY TJJESSfiV
or
'fl'hls rinnk N uuuto
of Itui > orfiMl I'rUr ,
trimmed will ) lifM
iiinlil ] ) til' lilnt'K E3aro
Same as Gut ,
doiililo fur ttalU , Hue
Snllii Iliu-tl , mid nt
tills price It lots limn
IMMl ,
Was $22.50.
FOR MONDAY AND TUESDAY
25 25 Velvet Brocade Short Wraps ,
At $10.
4'Mnches long. Seal Ornaments , Quilted Was ? 1B.
Satin Lined , "
$14.75 20 SflafPlusfi" Short Wraps ,
Heirnlar Price , . } ; , , " .
Trimmed with fur and tails around. Has
been a big seller at $23.
Black Diagonal Newmarkets , Sale Price , $16.
Xever sold loss than ? . All Imported Short Wraps
Sale Price , $3.5O. ,
In and dark colors , all tale
light novelties
'
Ladies' flbv/markef / Astrielian , ties ; sold at : ? 18 , . ? , > ( ) , ! jGl ) . fTo.
Trimmed considered cheap at $10. Choice , $35.
Sale Price. $6.
Children's ' Cloaks
' GreatSlaughter
50 Ladies' Key/markets / ,
Was $18. Any lady wishing to buy any of
those Wraps can make a deposit on
How $12.50. Ihom , and wo will hold them until the
balance is paid.
SHORT WRAPS ,
Don't fail to attend tln'o sale. -
Ladies' Astrielian Short Wraps , Bring-
the advertisement and compare the
$5. prices and the goods , and bo con
Was ; ? 10. vinced that what we advertise is facts
) & *
COMMENOAIthK AM ) C'UlS
J'rncticnl Sto ] > i Dcini ; Taken lo Komi
Orntorlo Society.
lint few cities of the.si/cof Omaha have
as many first-clatis amateur musician ! , . It
is noticeable , too , that prominent , profes
sionals are pleased lo tarry hero. All en
tertainments of a musical character by
foreign artists : > rc numerously patron-
ix.cil and intelligently enjoyed. The won
der has been why .some concerted action
has not been taken by Omaha vocalists
for their mutual benefit , the pleasure of
the local public and visitors to this pro
gressive metropolis. It wa- , not alto
gether a surprise , therctore , when a rep-
ret-entative of the Hr.i : was informed yes
terday that active stops hud boon taken
to form an oratorio society. In fact the
musical child is already bom , lifty-oue
well known musician's have already
rocked its cradle , anil the aid of all mu
sicians in the city is requested to bring
this precocious infant to a strong , healthy
youth The now organization will be called
the Omaha Oratorio society , and among
the active charter workers are Mrs , ( . 'ot-
ton , .Mr > . Man in Calm , and Messrs. Fred
Cray , V , I ) . Donnan , Northrop and Wil-
kins. Xahan Fniuko has been selected
director , which fact in itself shows that a
line organisation will be built , im. His
superiority as a musician and bi.s thor
ough capability as an instructor are fa
miliar to the Omaha public asvcll as tp
the musical world at largo. The society
is , therefore , to be congratulated on it's
choice. The desire is to inoron.- the
membership right away to 100 , and
surely there should bo no dilliculty in
doing so here. This being accomplished ,
preparations will be made at once for a
grand musical festival in May , when the
liomo society will be assisted by the best
star talent obtainable from abroad , to
gether with a grand orchestra. The
main object of the society i.s , of course ,
to give some lifo to the musical talent
now lying dormant in Omaha ; to culti
vate a better lusto for the beautiful
in song , and to add to the pleasure
of the general public by encouraging
moro niimorous musical cmcrtaitimonts.
At present the charter members have
been holding meetings al the Congrega
tional Tabernacle- St. Mary's avenue
every Monday evening. To-morrow
evening at 7 ! JD a. m. the next meetin < ;
will be held In the same rooms , ami all
vocalists in Omaha who desire to aid In
promoting a worthy and enjoyable work
are requested to bo present.
AMU5KMI3NTH.
TUB ( lUKAT U lilt IIS1 ANN.
There aru magicians and nuiglciiins ,
but the palm of supremacy still belongs
to Herrmann , who will appear at Hoyd's
opera house Monday ami Tuesday nights
this week. His sleight-of-hand work has
not been equaled for yours past , his feats
are of a surprising anil pu/.zllng descrip
tion , and , whut is moro important , ho
possesses the power of keeping his uudi-
once in excellent humor h.y his running
lire of comie remarks and jokes. In his
entertainment Herrnufnn performs new
and ] ) leiisui < r tricks The programme
also introduces "Tho Sla\ ( iirl's Dream , "
by Mine. Herrmann , a series of line and
attractive colored movable dissolving
views , and "The Vanishing Lady , " intro
duced by Herrmann in raris and New
York. Ui'surrod scats can bo secured at
the box ollice.
ri.Aii.v Moiiiiis.
Manager Iio > d announces that ho has
secured America's greatest emotional
across , Clara Morris , for two perform
ances at the opura house , on Wednesday
and Thursday , January 1'J and ' , ' ( ) . She
will probably bo acen m "Camilla1' and
"Miss Million. "
\Voht Omalia HelmoU.
To the Kditor of the HKI : : In a manner
I am responsible for the interview con-
conerniug Trustee Taylor's partisan
management of the schools in district Xo
S3 , and 1 deem it proper to reply to his
screed of yesterday's date. Ryory main
point ho touched he Imsmenrs with false
hood , and to vital points ho does not dare
refer , In regard to there bolng a fiuf-
iiconl number of children in the district
for a graded school it i.s true. But thu
law in this respect , as 1 recall it , only
permits the formation of a trustee-board
in such eases it does not make it obliga
tory. Uhythcn , if , as Taylor .says , the
children in the HO called "High school"
could only spell words of two syllables
was he o anxious to have a board formed
and the trustee system continued. When
he says tlio school was mi-mnnaucd
under the old regime lie says
what is fulse. The people of
this city and county know lion-
jamin 1 * . Knight , oveotiiity commis
sioner , Charles A. Tutrgart , Mr. Heron ,
now of northwest Nebraska , and Charles
.J. Ryan , the old ollieers , too well for any
person like Taylor to injure them one
iota by any words of blull or bluster.
The payment of only $18 per month for
the present school room on Mercer ave
nue instead of $ . ' ! 0 , may bo correct , but
Taylor's word is not a sullicient guaran
tee of its truthfulness. Why is Trustee
Taylor so careful not lo say anything
about the desirable location of ilie rail-
mail school tor educational purposes ?
When he calls the school house owned
by the district on Lowe avenue u "barn , "
be knowingly families It i.s the best
frame .school building of its size in this
county , and together witu surrounding im-
provomonls cost nearly if not oversfl.OOO
about two yoar.s ago. Another falsehood
is the statement that no one but one ori
two old settlers are finding fault with
his ollicial acts. Let him consult ome of
the prominent people of thn districteven
within the very .shadowof his conditional
proprietary interest on Walnut 11111. It
is ol course proper lor the north anil
south portions of thu district to haye
.schools , hut the rights of the eastern ami
central portions should also bo respected.
The instilling closing of Taylor's com
munication , no matter to whom ad
dressed , is amusing. The idea of Bob
Taylor paying taxes or anything else !
The idea of bis accusing any om of
lying ! He is too well known in Umaha
to make such a liuxardons opening on the
chess board of personal criticism. 1 have
nothing to' do with Trustee Taylor's
Rchemns political , religious , or social. 1
am amply able to reply and protect my
self against any of his windy attacks , no
matter how personal they may bo. When ,
however , ho iniwarranlcdly attempts to
injure the educational interests of my
children I will meet him every time.
Respectfully , J. JJ. J. UVAN.
TO run sui'iiiMin COUUT.
The I'lioeni.v liiHiininoo Co.'s CUBO
AKaliiHt I In ; Cliy.
The case of the I'lioMiix Insurance com
pany vs. the city of Omaha was decided
by Judge Wakeley yesterday In favor
of the city. This i.s au interesting case ,
being u test onu involving the interests of
allot' Iho tondgn insurance companies
doing business in Omaha. The suit was
brought \ > y the iusuraiice company to
prevent the city trom collecting taxes on
the company's premiums in Omaha. The
company's position was tint their capital
stock nnd b'is-inous was assessed at the
city in which their home olVico Is .situated
and that any taxation iu Ouriha , vouid
come in the form of double taxation and
would therefore bo null and void. The
case was madu a te t 01111 and the under
standing agreed upon that several in-
siiranci ; companies il'iint ; bunl'i' s in tlio
city would abide by this dru.- > ion in this
case. Alter a lull b ' ; iiiig ! Judg-i W ikclcy
decided in laver of the oily , holding lh.it
iho company should not i > .iy tix : > ; s else
where upon linshif'b done in Om.tha. By
agreement of aUi.riu'ys the oaan will be
taken to the MipruniP oojrl.
OMIcfr Carioll Kchmaicil.
The police cominitiiin of the rmiui : ! !
have- had Iho case ot Oilli t-.r 1'dwara Car
roll , diibpumlcd by Marshal Cummings
for disorderly conduct , under cuusidcra-
tion. Testimony was adduced showing
that Iho charges against Carroll origin
ated in spite work in a largo measure
and tin ) uoinm'Uee ' , ul Marshal c inu-
miirgs1 suggestion , havi decided to order
Carroll reinstated without loss of pay.
El
IGI9-l52lDwiglas St ,
_
GREAT CLOSING SALE
fi.000 Hemnants In Dross Goods , Silks ,
Velvets , Gingham * . Flannel * , and ov-n
erything In the shape of a
Remnant.
1 ease Silver Grey Blankets , 11--1 ,
At $2-35 a Pair.
J bales Fine Sateen Comforters , extra
Was $5 ,
Sale Price , $3,50.
10 bales Cotton Baits ,
Was 12 0 ,
Sale Price , 7JaC.
1U pieces Uod Twilled Flannel ,
20c , was 25c.
100 doxon Ladies' Camels Hair Vests ,
( pants , ) sold all season at
$1.25 , now 98c.
Job fit ) do/on Childrons' Cumcl.t Hair
Vests , ( no pants ) , all .sizes ,
59c , not One-half Cost
50 down Gents' Scarlet Shirts and
Drawers ,
49c , was 75c.
2(5 ( pieces Jersey Flannels ,
50c , was 75c.
2."i pieces Turkey Ilcd Damasks ,
25 c.
Choice of our S.'e and lOc goods.
50 dox.cn Fine lluck Towels , -lO.x'M ,
25c.
Jnn't full tn tut'cstti few dollara ft
oni' Clotil ; l)4 > ) > < n'tnt < 'Ht , < nnl itccttrt
aCloalfini rui/Hiciifx. A better in-
resinirnt than renl cntntf ,
BEHWSONlROIHEBS
An OM Tlinu > > .
Among the row ol "suspicious charac
ters" before Judge Stenberji yesterday
was a fellow who gave his name as George
( iraluim. During the progress of the
trial Captain Cormick recognized the fol
low as ( Jeorgo Carroll , who was arreslod
in May last charged , with Smith and
Smiley , with the burglary of hinden-
holm's store on Tenth street. Ho was
sent up for thirty days.
Frank S. Cuusoti , biothor of W. H.
( libson , from Cireenville , Mich , is spend
ing a few days with his brother in thia
city.
_ _
'J'liu Cli-arancc Kc < ; or < I.
The clearance record for iho week
ending yesterday is the largest ever.
known in Omaha , as follows :
Monday . S l.aiO.TGl.fiO
Tuesday . lll8.0WJa
Wednesday . IWl.'K'S.W
Thursday . Ols,8'J8. : J
l-'ililnv . K it7.ffll : !
KiUiiri'lay . tmi.HS.tO
Total
1 lie i ease iT.7. : :
The board of trade yesterday elected
C. A. I'rii'it of the linn of Lee , Fried &
Co. , as a member of iho board of di-
rectors. _
Miss Jessie Huckner , daughter of ( ion-
oral ISnekner , of Confederate ttimo , lias
made her debut as a concert singer in
Mow Orleans.
A custom with P. T. liarmim is to advise -
vise every man who has a wife lo give
her a olgiicd temperance pledge as a .Now
Year's gift.
In London tlio price of gas to private
consumers is fls per 1,000 fcoi.on . the north
side of thu Thames , and s Ud on the
south sido.
The Philadelphia Humane society keeps
a boat on runners at the skating club's
house on the .Schnyllnll , ready to rcsouo
any one who brcuko through the lee ,
William Tabor , a Pennsylvania ! ! , madu
fun of the big trues m tlio Yosinito valley ,
and John Asliton , a guide , fell it Ids duty
to stub tlie scoll'er iwicu in Iho right arm.
A family of cloven brothers , named
Chrislojihiu-non , all { rood ciickolorK ,
played a mulch at niuokhcalh , England ,
against a local toani , and , after un excit
ing game , came oil' the victors.
mo AHCHITiOT : AN'l ) III IIlIlf9-l ) ! > lm >
-L nml Hicinllo.itJonu ru Kollcltoil liy tlio
Ilonnl ot IMiicullon of the Holiool Tlintrlct of
Oiimlm , county ot Ooiivlus , ctiuo of Ncbrintn ! ,
uutil.i o'floxk | i in. 'J tH'-.cliiy. Kul' llii , I.ss7.
lorn IS or I'- ' room h > o Htory mi'l ' liuromuiii
lincl , Hi-liool bullclimr tu bo i rrrfofl on tlio High
.School Kiiiuiiili ill at ) imtiiiiHtuil unbl of } ; I5-
fiiOiHj for u i rt-o . ( lory uinl Imat-tjinut 1" loom
lillui ; Ktlmul liulliiliii/ l" > tiiuctuil on tin )
Routhu'iit ooinm o < ' ; 4Ui mill \Vuijsti i' tiuuti ut
un nHlimutoil r < j t of STi.Oifl'X ' ) ami for mil
loom mi'l ' lun.Miiimt . brick ucliool tniluiliw to lie
nrcciol un I ho itmiluiuol noux r ut . ( 'Hi ami
I/UMUtiuolut m > OH < limited i-ot ol t Q.'iiiO ' 0.1.
Tlio lloiuil of I'MiicittliiM ollVin ilit Jollowliijf
pimnluinB , for the liii ! > n licnt iiltins lo ho n-
Icctocl liy thuin.tur tun bu.Miuu.4 m iho High
Kiilmol Ki'ouiKl uii'l ' "Mh mid V.'oo-ii-r bUuoU.
m I'luiiiiuro . f.vW ) )
fil " . IWU3
[ III " . . ViCD
I'lcnilinn fur piling nnj hjn'oliii iiiinn udO'ito < l
In tlio lioiinljlial ! ln > CIIIHI .IMK i en i [ i.iyinciit
ifm.cli hulMlii iinii1 oil-oil" !
Tim l > onnl ruiirvon the riirin to r | it uny or
nil pinna , untl no inoimy > tlll bipa . it/i < " } } -Lt-d
plans.
Hv onlor of ilm Ho-irlof ( Vii'-oi' '
ni.MU.Kiii O.S'oriili..irrtmy. .
Qmnliii , Unj. tlit Is I * * ! . d illm
E. T. ALLEN , M. D.
Eye , Ear , fee & Throat
KoumU Williams liiuld.ng , coi JOlli and
IJodj t ; fcts , Uinabfi.
Hour * 8 to 1' . ' a.m. 'J to1 and 7 tu 3 u. in
