THE OlMAHA DAILY BEE : F ItAY. ) FEBRUARY 11. 1887. il
COURT DOINGS AT LINCOLN ,
Before tie United States and Su
preme Tribunals at the Capital ,
AUGUST SCHOENHEIT MEMORIAL
Scvcinl Important Dccliloiifl llnmlcd
Jiown Urlc-r Stnto llouso Notes
1'fNoiiern Kficipo From tlio
C > ty Jnll-Clty Note * .
frimsi Tin : inr's :
The session of the United States court
yt-Merday was occupied by a suit in wliich
the government sued on thu bond of Bar
rett Scutt for failure to deliver hay at
Fort Niobrara according to contract.
The -uit Is on a $1,500 bond , with District
Attorney Lumbcrtson for the govern-
m nt. In the afternoon the following
rosolmions in memory of August Sclioon-
heit , of Kails City , were presented and re
marks appropriate to the occasion were
made by Mr. Lnmbortsoti , Judge Dundy ,
Mr. Itcalra and others. Following are
resolutions as presented by the com
mittee :
Iti-Milved , Tint the officers of thlscourtnnd
tlio members of tlio bar have received with
piolntiiut soirow the announcement of ttie
ilu.ith or Auuiiftt tichonnliult , of Falls City ,
Net * . , at the rlKj | a o of < > " > ears. who was tor
twenty-seven > ears a resident of tticstntcand
for nearly lifted ! years a member of this bar.
Ite-olu-d , That In his dentil wo lose a citi
zen nl conspicuous virturn lawyrrol marked
nbilitv , a man whoso kindness of heart and
Ki-nlul qualities endeared him to his family
and H lends.
KcMtlvcd , That we lender to the family of
the deceased our deepest ymuath > and con-
ilolencu , that the clerk of tliu court romintiul-
cati ! thuvo resolutions to the family of tlio deceased -
ceased and plucc a copy of the saino on lliu
ler-oids of the court ,
lU'-oUed , That as a mark of respect to the
memory of .Mr. Shoenhelt tlmt the business
ot tliu court bu now Hinpeiided. tlmt proper
tribute may be made to nls vittues.
Wednesday the jury in the case of
Trester versus the Missouri Pacific rail
way company returned a verdict for the
plaintiff for & ) , : ! 00. The amount sued for
was $10,000 , and the case was broutrht
over disaffection at the awards made in
condemnation of right of way property.
IN SUPUKMK cotmr.
The supreme court has handed down a
number of important decisions , among
them being the decision on the bond
ca o in n precinct In Howard countv. This
precinct issued $13,000 in bonds to a
branch of the Union Pacific , and the
auditor , under ndvico of the attorney
general , refused to register them on the
ground of illegality in issue. The ille
gality was claimed ki the call for the
election at which the honds wore voted ,
only twenty-seven freeholders signing
the. call for the election when the law
requires lifty such signers. The railroad
took the case to the supreme court on
mandamus proceedings to compel the
registration of the bonds , but the court
has decided against the company. Fol
lowing are the decisions handed down :
1'rico vs > U'Coma.s. Error from Lancaster
county. Keversed and remanded. Opinion
by Maxwell , Ch. J.
1. On January ! ) , 1SS5 , one A. executed
n chattel mortgage to one P. on certain
chattels , described as follows : "Ten
head of two-voar-old-past steers , valued
$ ; W per head. The above described chat
tels arc now in my possession , are owned
by me and free from all incumhranccs in
nil respects , " and on the next day said A.
executed a chattel mortgage to one M.
on nine head of cattle , described as fol
lows : "Nino head ol two and three-year-
old steers , situated on farm south of Ben
nett , Neb. , one and one-fourth miles.
The above described chattels arc now in
my possession , are owned by me , and
tire free from all incnmbrancus in all re
spects. " A. , at the time of executing
said mortgatiL's , possessed ninety-eight
head of steers of thu description named
on his farm south of Dennett , and the
steurs mortgaged wore not separated
from the others , but.the desciiptton ap
plied equally to the ninety-eight steers
owned by A. Held , lirst , that the mort
gages created no lion upon any specined
bteers and , as against an attaching cred-
. itor , were a nullity.
b
If K 2. The fact that before the levy of the
attachment certain steurs had been sep
arated from the whole number , and
claimed under second mortgage , would
be unavailing as against such creditors
unless it was shown that at the time the
mortgage was executed there was an
agreement that it .should apply to such
steers.
Mediae vs Lavender. Appeal from Lancas
ter county. It appellant bo requests within
twenty thus , thu c.iusu will bo referred to
an accountant to compute the amount of
lien , and upon the tiling of lua report the
due red will Ira modlliod to correspond
thereto. If no such request bu made the
decree of the district court will bu atllrmed.
Opinion by Iteeso , J.
1. Uuforoa judgment or decree will be
reversed for alleged errors occurring at
: it tlio trial of the cause , such errors
must bo made to appear affirmatively of
record. Krror is never presumed.
2. The statute of limitation commences
to run on the right to enforce a lien for
taxes , when thu title under thu tax deed
fails. Bryant vs Kstabrook , 10 Nob. 217.
U , Under the provisions of section 3 ,
nrticlo 0 of the constitution , it is not
necessary to servo a notice on the defend
ant buforo bringing u suit to enforce a
tax lein. Ib.
Yeoman \i State. Error from Hamilton
count } ' . Unversed and remanded. Opin
ion by Heese , J.
1. Plaintill in error was indicted alone
for thu crime of incest , under tlio pro
visions of section 203 of the criminal
code. Hold , that ho was properly so in
dicted and that it was not necessary that
the indictment should bo niruinst both
parties to thu incestuous intercourse ,
3. Whore in a prosecution for incest it
was proven that the person with whom
the Incestuous intercourse was alleged to
havu boon had , was of the agu of sixteen
Years , that she resided at homo with her
pure-ills , that thu accused also resided
with the family , that tliuy were otlon to-
k. 4 pother alone , that she had no suitor and
kupt company with no other person , that
the relation of uncle and neico existed
between them , that she became pregnant
and when her pregnanoy was discovered
thu accused confessed tlio paternity of
the child which was afterwards born , ad
mitted the intercourse anil settled the
claims of the mother rV satisfaction of
proceedings in bastardy , nnd tried to in
duce , a physician to produce an abortion ,
it was held that the corpus delicti had
been sullletontly proven to require the
biibmisbiou of the case to the trial jury.
a. On thu trial of such case thu court
charged the jury that it was not neces
sary that thu ollunsu bo proven to liava
boon committed on thu day alleged in tha
indictment , but that it would busulticiunt
if proven to havu been commitiud within
threu years prior to the linding of thu in
dictment. The instruction was held to
bo correct.
1. On a trial of a defendant charged
with in cost with his nieeo , the woman was
not examined us a witness by the state ,
but tliu defendant examined her us a wit
ness in his behalf. On being asked il
defendant hud ever hud sexual inter-
i-ourao with her she answered ho hud not. .
On thu cross examination counsel for Uu
prosecution presented her with the utll-
iltnit which she had made , byyhich pro
feedings in bastardy had been instituted ,
and in answer to his question she stated
that she had signed the utlidiivit. On ru
examination she was asked if the signm ; :
of the ullUlavit. was voluntary on her part
The question was'objected to and the ob <
jectiun sustuiiied ; held , error.
. 6. A largu discretion is given the dist
riot ruurt as to tire order m which testi
mony may t > u introduced.
' JrltcliJieht vs. Itemaloy. Krror from Sarp )
county , Atlinued. Opinion by Itecse , J.
1. Where lands are leased tea tenant
for one year for a stipulated rent reserved ,
and after the expiration of the lease the
tenant without further contract remains
in possession find is recognized a ? a ten
ant by the landlord , in the receipt of
rent for another year , this will create n
tenancy from year to year.
S. in such case the testimony can only
bo terminated by Iho agreement of the
parties , express or implied , or by notice
given six calendar months , ending with
the period of the year at which the ten
ancy commenced ,
licndlxnn vs. Fenton. Error from Douglas
county. A Dinned. Opinion by lieese , J.
1. A tax deed , to bu valid , must have
the olheial seal of the countv treasurer
attached. Sullivan vs. Merriam , 1C
Nob. , 157.
2. A tax deed must bo valid on its face
tp entitle the party claiming under it to
the benefit of the special limitation of
the revenue law. llousel vs. Hoggs , 17
A eo. , 01.
State x rel. 0. .t U It. Co. vs. Hancock.
Mandamus Writ denied. Opinion by
Maxwell , Churlcs > 1.
Under the provisions of section 14 ,
chapter 45 , of the compiled statutes , to
authorize the county commissioners to
call a special precinct election for the
purpose of voting bonds in a precinct in
aid of works of internal improvements ,
etc. , a petition signed bv not le s than
lifly freeholders of such precinct must be
presented to such county commissioners ,
suiting fortli thu nature of the work con
templated , the amount of bonds sought
to bo voted , the rate of interest , and thu
date when tlieprineip.il and interest shall
become due. An election called and held
without such petition is of no validity.
Snowden vs. Tyler. Appeal from Oton coun
ty. Reversed .is to defendant Lyle Opin
ion by Maxwell , Charles J.
1. The remedy for the recovery of real
estate by one claiming the legal title
thereto , against one. in possession claim
ing an estate therein , is an action of
ejectment in which the faets may bo sub
mitted to a jury ; nnd an action to quiet
title , if properly objected to , will not lie.
2. Whuru a party out of possession of
real cstato brings an action to quiet title ,
and the defendant answers alleging a
cloud upon his title caused by the plain
tiff's ducd und prajing for a decree can
celling the same , tlio court will huvo
jurisdiction to determine. Iho title of the
respective parties. A dufuct wliich ap
pears on the fncu of the petition should
bo taken advantage of by demurrer.
3. A quit claim deed of real cstato ,
while affording cause for suspicion , may ,
where it appears in a chain of title oil the
proper records of the county , be sufficient
to justify a bona lido purchaser for valu
able consideration , in relying upon it as
a valid conveyance. It is a bona lido puiv
chaser for valuable consideration and
not a donee who is protected.
1 One Shirk , in 1802 , convoyed certain
real estate to one Snowden. who failed to
record his ducd. In IS'30 ' Snowden died ,
and in 1870 one Pee sought to purchase
the land of Shirk , but was informed that
it was sold and convoyed to Snowdun.
Pou then applied to the adult heirs , and
administrator of thu cstato of Snowdun.
and the guardian of the minor heirs , and
was informed that thu deed in question
had been lost or destroyed. Pou there
upon purchased the laud , taking dueds
from the adult heirs , and with their con
sent a quit claim deed from Shirk , which
last deed he placed on record. Held ,
that a bona lido tmrchosur for a valuable
consideration from a grantee of Pee took
thu title as against an heir , who was a
minor atthe _ time thu ducd from Shirk
was obtained , but a mere donee from Pou
was not so entitled.
5. Where heirs como into a court of
equity to claim an interest in lands which
have not been convoyed , but which havu
been held adversely by other parties for
a long period , they innst do equity by
paying a just proportion of the taxes and
the interest duo thereon.
0. A purchaser pcndcntc lito from a
purchaser who bought without notice and
for a valuable consideration may protect
himself under thu lirst purchase ) .
AT THE STATK IIOUSi : .
Articles of incorporation of the Keith
county bank , located at Ogalalla , were
tiled with the secretary of state yester-
dav. The capital stock of the bank is
$100,000 , divided into shares of $100 each ,
and business was commenced last No-
vonibcr. thu corporation to continue until
1037. The indebtedness is limited to over
half the capital stock , and the incorporators -
raters aru 11. 1) . McWillinms and O. T.
Carlson.
County Attorney Tanner , of Hastings ,
was in Lincoln yesterday , interested ,
with other parties , in securing requisi
tion papers upon which tp brimr from
Kansas an offender who is wanted for
trial m Adams county. The papers asked
were granted.VISITIXO
VISITIXO KNIGHTS.
It was 0 a. m yesterday when the work
of instituting Capital City lodge , Kniahts
of Pythia * , was completed , the work con
suming nearly twelve hours time , fully
HOD Lincoln knights were in uttunuancu
on the occasion , including a delegation
of fifteen from Omaha , who were guests
for the night. Among the Omaha delega
tion were ( Sen. J. E. Smith , J. J. Cum
mins. U. 11. Lucas , 11. C. Wells , Hurry
Merriam , Messrs.Volf , lliendorf and
others. Grand Prelate Lanius of Grand
Island , and visiting knights from Plaits-
mouth , Hickman and other points swelled
the list of guests. The new lodge starts
with a membership of orur onu hundred.
A JAIL UKLI VEUKBY.
When the policeman in charge of the
jail opened up the prison headquarters
lie found that a part of the prisoners had
not been at sleep through the night , but
that the four parties sentenced lor rob
bery at the Howard house had made their
escape. Their mode of work was that
they secured a bar of iron that was bolted
across the stove in the coriidor. With
this they opened the cell where two of
the parties were , and together the four
climbed to the upper deck over tliu cells ,
und with their iron bar broke a holu
through thu brick wall of the building
and departed to parts unknown.
GOl'SEL AHMY I'OI.IUK.
The gospel army , that is at present at
tracting largu crowds nightly in this city ,
and which works something after the
manner of thu Salvationists , lias been
greatly annoyed by hoodlums and dis
reputable characters , who invade the
meetings to scoff nnd raise not generally.
So obnoxious did these characters become -
come that a fnw days ago the police were
asked to assist the army in their tolls
with thu roughs , ami at their request a
member of the army was commissioned
a special police tor protection at the
meetings.
THEMAHKIJTS.
West Lincoln markets were quite ani
mated yesterday , the receipts of hogs
bumg 917 , a slight increase over the day
before. The market opened active and
strong at yesterday's prices ut closing.
The quality yesterday was above thu
average run for sometime past. Tour
cars extra choice heavy weights were
shipped by Unvnolds Powell iVCo. . , and
Nessler & Co , of Dorchester. The
market closed strong at top prices
reached with all cleared up.
JILKOATIOSJ * IN THE CITV *
C. P , H. Williams , A. 11. Uaker and
C. W. Scarf , were a delegation from the
Grand Island board of trade in Lincoln
vesturday. J. V . Johnson , J. N.Clark ,
Henry Grosshansand L. 1) . Fowler , were
registered from Sutton. C. H. Uowoy , C.
J Nichols , L. U. Grady and Dr. R.V. .
Conwell were in the city yesterday from
Omaha and among the transients were
County Treasurer Campbell and Hon.
Win. Neville of Plattsmouth , A. S. Hald-
win of Plum Creek ane George T ,
Smilley of North Pintle.
Thcro are many accidents and diseases
wliich affect Stock and cause serious in
convenience and loss to the farmer in
his work , which may be qujckly reme
died by .the use of Ur.J. . II. McLean's
I Volcanic Oil Liniment
ABOUTRAILROAD CARNISDEES
A History of How Creditors Enforce Pay
ment Against Union Pacifio Employes.
PROSPECTS FOR A REMEDY.
Instances of Wrongs Committed by
Courts How the Liavr Operates on
tlio Ncfornskn aide A l-'e\v
Tacts About the Courts.
At tlio recurrence of the first of each
month tlio paymaster of the Union
Pacilic railway company is besieged by
garnhhec notices from various point
along the line. The principal place
from which these processes arc Issued is
Council Ulufl's. This has been so only
about two years , since the time the
supreme coin t of this state handed down
the opinion lu the case of the Chicago ,
Burlington & Qtiincy railway company
vs Wright , reported in the nineteenth of
Nebraska. In that suit it was att"inpted
to enforce the payment of u debt against
a defendant , the head of a family , resi
dent of lowi : and un employe of the Chicago
cage , Hurlington & Quiucy railroad com
pany by an attachment and garnish
ment against his wages , issued from u
justice court in Omaha. From an order
by the justice to pay the wages , owing
the defendant , into court , the case was
taken linally to the supreme court where
it was held that the money in contro
versy was exempt. Jt had previously
been the prevailing opinion among the
justices throughout the state that the law
in the case was otherwise and the result
of this decision has been to drive the col
lection of foreign claims against
Union Pacilic employes and heads of
"amilcs into states where the
aw is more favorable to the creditor.
As regards the exemption of wages
here is'no state invaded by the Union
i'acilio railway , whoio laws and courts
operate more against the employe than
'n Iowa and the location of Council
U nil's at the terminus of that line makes
t a most advantageous point for the is
suance of these processes. The supreme
court of that great state has held that the
'aw of exempt wages applies onlv to res-
dents of Iowa. U ho consequence has
been to enforce the payment of nearly
nil claims against Union Pacific employes
[ it Council Haiti's the only place in Iowa
where service of garni heo procc.ss can
be legally made upon that corporation.
The collections made through Council
ISlntl's court" do not all come from places
without this state , but many Nebraska
creditors have learned that their accounts
mil bo pushed to a successful termina-
ion bv the aid of these tribunal.4. This
.s particularly true , o not a lew Omaha
creditors whose inability to make their
collections against Union P.icilic em
ployes in Douglas county courts , has
driven them to the Iowa side of tin * river.
With this combination of circumstances
there has crown up the business for one
or two citizens of that town of buying , or
: it least , of having assigned to themselves
thu.su
rOKUIC.N CLAIMS
lor collection. From these rcalj or
fradnlent transfers one of two benefits
iriso ; if real the Council Hhilis citizen
makes a big profit on his investment in
what was deemed by the creditors to be a
worthless account , and if fraudulent , the
claimant is saved the trouble of fur-
lishing a bond or advancing the costs of
suit. Tins business of late , however ,
HAS Ur.COMK A MONOPOI.Y
nearly to one man. His name is David
ilcrman , and .several employes of the
company are horrilied daily to learn t ! at
their wages have b. en garmshced m a
Council Hlull's tribunal by a man having
that name. .Jerinan is an old man now
n his dotage , wears a fringe of grey
whiskers under his chin , walks with a
cane , has the appearance of a man at
peace with the world and makes frequent
visits to Omaha in the pursuit of his busi
ness. Ho was formerly : v constable , but
age seems to have dc-itrojcd Ins useful
ness in that line and he has since resorted
to the business ol enforcing chums in
general and against the Union Pacilie
ployes in particular. Jorman him-
ll , it appears , rebels against Ins disa
greeable business. He has st.ited to
Union Pacilic ollieials that ho would not
follow his present pursuit were it not that
ho could'do nothing else. The
rarnishees from Omaha and Council
HliiHs number about hfty per month , and
in fully 7o per cent , of these David .Jer-
man appears as plaintiff. There were
twelve garnisheps from Council Hind's re-
reived at the Union Pacific headquarters
on Friday last , and ton of them were in
stituted by Jerman. The number of at
tachments and garnishment suits against
Union Pacilic employes from the Doug'
las county courts varies from live to lif
teen per month.
COSTS.
One of the great causes of complaint
against the action of the Council Hlnll's
officials is the matter of costs. The ini
tial expense in an attachment and gar
nishment ease is from four to six dollars.
It is a universally established legal prin
ciple in attachment cases where serviee
of a summons cannot be had upon the
defendant , that jurisdiction is obtained
only by taking the property or money of
the debtor into the custody of the Jaw.
In the garniment cases instituted in the
Hlntl's , however , the moment that the
company is served with notice , and sev
eral days , and some times weeks , before
the garnished has made answer by wliich
it may be known whether or not thcro is
anything for the law to operate uponser
vice by publication is commenced in
some paper. An additional expense ol
from thre.o to live dollars is incurred
thereby to the defendant who linding him
self not entitled in Iowa to the
rights secured to him in the state of his
residence , in nine cases out of ten is ob
liged to sbtUo on the terms of the plain-
till'to avoid further costs , trouble and
loss of time. Another grievance arises
Irom the avarice or rapacity of creditors.
Hills winch by the law of the place ol
contract are non-collectible , against
which the statute of limitation has run ,
debts incurred in her own mime by the
wife are sent to this place for enforce
ment , and In many such cases the de
fendant , being too poor to take his cause
to tlio appellate tribunal , is forced to
capitulate , and what never was an obli
gation or what had ceased to bo such , is
paid by the debtor.
It has not been the policy of the Union
Paeilio railway to hinder creditors in the
collection of their honest claims where
their debtor employes can pay without
depiiving their families of the necessities
of life , but against all such as have the
appearance of being trumped up or
fraudulent , it has made a persistnnt and
generally unsuccessful fight. It has
spent many hundreds of dollars in costs
and attorney's fees and has taken tw (
test cases to the supreme court of Iowa ,
in both of which the company was da
feutod. In the first case the defendant
only was a resident of Nebraska , and the
court of last resort held that his wage :
were not exempt. In the secont
both were residents of Nebraska
and the company contending or
the ground of want of jurisdiction ,
the court held that where thereis no franc
in obtaining jurisdiction a non-resident
could sue a non-resident and the lattcr's
waires were not exempt. The supreme
courts of Kansas , Missouri , Nebraska ant
Illinois hold exactly the opposite ot the
two cases mentioned.
"Tho law" ( ot exemption ) said the sn
premo cburt of Iowa many years ago
' in based upon tlio idea ( but as a matter
of public policy for the promotion of the
> ropcrry of the state , and to render inde.-
ran'dcnt and aboVe want each head of
no family of the cnreriinicnt , bo should
jo so protected that ho may live beyond
ho reach of financial misfortune and the
lenmnds of creditors , who have given
nm credit under such law. " This body
lisregarding these principles so laid down
103 brought tears to many homes in this
city and" allowed the wolf to look into
he faces of famishing wives and children.
Iho injustice of loi\a courts in many
cases in this city lias oppressed the la-
boringman's family , for it is against this
class of workmen only that these laws
apply with their terrible force.
It has only been a few weeks ago that
.ho writer met an acquaintance , a clerk
it the headquarters , at the corner of Six
teenth and Farnam streets. Hoinjr asked
why he looked c'.eppondent , he said : "It
s now long past my hours of toll , my
wife who has been cuttlined to her bed
'or ' several weeks by sickness is ,
L know , waiting for my return ,
with my lastmonth's pav.and to-day noon
L learned it was 'iiirnishetd across Iho
Ivor for a butcher bill of ? 10. Our decor -
or has refused to attend her further un-
ess paid , my landlord has served mo
with notice to quit and 1 Im'en't the
teart to go home. ' ' The next day bo
went to the Hlull's , paid the claim and
co.sUs , and out of a salary of $111 per
iionth had ? 'Ji left , The clerk admitted
the bill was correct but siekue s and ncc-
ss'ity Lad prevent' d its payment. An
other case was that of a helper in thn
shops. Several years ago Ills wife , in her
own name , contracted debts , and the
creditor , seeing no other way to make his
? laim , garnisheed the wages of tliu hus *
jand. His wages per month never ev-
ceeded ? . " > ( } . He had no means with wliich
[ o ii.terpo o his defense and he settled on
the terms of the phiintiu" .
A s.u CAM : .
The case of one llartlieb , a suit brought
n Justice Holsli'v's court in this city
some ten days ago. exemplifies tlio ex-
.roniity to which this law drives the.
laborer , llartlieb formerly lived 'n ' this
city , was employed by the Union Pacific
mil kept live or six boarders at his homo
on South Tenth street. His employer
i lie red him a better situation on the
Mull's side and lie accepted it. About six
months ago he moved with Ins family to
C ; icil Haiti's , owing his grocer Jj-'JS.'lO
A suit in attachment on the ground of
non-residence was instituted against him ,
returnable last Saturday morning at t )
o'clock. The railway company
answered it was owing tlio
defendant ? 'JS.15. Saturday moraine
before l ) o'clock when the justice cainu
to his ollieo he found llartlieb , his wife
and boy , about live veais old , waitingfor
the arrival of the ollicial. They were all
thinlv clad for such a cold winter morn
ing , and their clothing , although patched
in many places , \\-as scrupulously clean
and neat. They were respectable Ger
mans , ana prior to their coming to this
country ho had been a machinist in tlio
shops of Carlsrnhe , and slio bad been an
employe in a cigar factory in the same
place. When he realized the jeopardy
in which monthly stipend was placed
he could restrain his grief and anger no
longer. He bewailed the fate that hud
ever led him and his family from his
fatherland , where he said they lived
much more comfortably and respectably
than they did in America. "For the last
week,1' he continued , " 1 have worked on
bread and coll'eo alouo. My wife and
child have shared this same fare with me.
'v if you take my pay from me you
eompej me either to apply to the county
antnoritios for support lor my wife and
child , or become a thiei and a robber.
I was kept at work through the winter
by my bo-s simply beciiiise 1 was an hon
est laborer , and by this greatest effort 1
have kept my family from hunger anil
cold , but the rigor of your laws is too
severe for a poor man. " The justice re-
lea cd tlio garnishment and Hartliob
agreed to pay the tlebt when his employ
ment became more regular.
HLUUF IiSIIlKI : ) .
The attorneys for the Union Pacilic
have long been devising means to deter
the issuance of the e processes against
its employes and they have at hist con
cluded to test the jurisdiction of the Iowa
justices to issue attachments and gar
nishments against non-residents. It is
claimed by the railway attorneys that
where the service of the Mimn.ons and
order is not made personally upon the
defendant , that the cpurlac'juirus 1:0 jur
isdiction. To test this question the com
pany has t.iken such case to the dL-ir.ot
court ol Pottawattamie county and should
an adverse decision be reached the cause
will bo taken lor tinal determination to
the supreme court. If defeated
in this tribunal the only remedy
possible is an appeal to the
legislature of Iowa , but any relief from
that body seems improbable an lutile at
tempts in times past have been made.
The operation of the inferior conns of
Nebraska is generally'favorable to the
.security of the rights of heads of fami
lies , but expense , time and trouble are
often incurred in obtaining them. The
head of a family.when he linds his wages
carnislieed , has often to employ the ser
vices of an attorney to seeure thi-m. It
has been suggested , and possibly may be
come a law at this session of the legisla
ture , that the alliant , when it is sought to
garnisiiee the wages of the defendant ,
Mate in his affidavit for this process that
lie verily believes that the employe is an
unmarried man. If this should become
u law the oft repeated garnishees against
the same defendant , issued at the in-
staneo of an irate creditor , to cause him
the loss of his situation will in a great
measure cease.
The pain and mUerv suffered by those
who are alllicted with dyspepsia are in
describable. The distress of the body is
equalled or surpassed by the confusion
and torture of the mind , thus limbing the
victims suffer double ailliction. The re
lief that is given by Hood's Siirsnparilhi
has caused thousands to bo th.mkf'il ' for
this great medicine. It dispels the
causes ot dyspepsia , and tones up the
digestive orjjans. Try Hood's Sarsa-
piirilla.
A Flourlsliinjj Nebraska Town.
CIKWKOIIU , Nob. , Feb. 7. [
pondenco of the HEK. ] Crawford is gut
ting ready for the boom , which' is al
ready putting in an appearance in Dawes
county , in common with the remainder
of Northwestern Nebraska. The citi
zens met last week and organized an
immigration cominittfu with ( Jeneral
Hrisbin us president , and arranged for
subordinate committees in every precinct
in this part of the county , which is tribu
tary to Crawford. Knquiries about
the government land vacant in
this vicinity are pouring in daily
and spring will see a. , rush of new
settlers unequalled in i the history of
western Dawes county. . With a railroad
running its entire length and thousands
of acres of fine farming land still waiting
homesteaders and prcomptors. Dawc-
county in the neighborhood of Crawford
offers unequalled advantages for the
ff.rmor. Crawford is crowing steadily.
The trade from Fort llobmson is an im
portant element in furthering the material -
ial interests of this community. With
tlio enlargement of the post which is soon
to begin , this will bo still further in
creased while a largo amount of money
will be exponed and distributed among
our citizens in consequence. W. U. Ed
gar , chairman of the Crawford immigra
tion committee will gladly answer ul
laquirlcj from Intending settlers.
Colgate's { Jablunorg Bouquet.
A white , pure dehciously epented toilet
soup , which ' never roughens the most del-
' "
-
Salvation Oil- the greatest euro on
rarth for pain , has made a most bril
liant debut. Price , 20 cents.
Philosophers say that affairs should
always bo conducted with n view to the
nreatost good of the greatest number.
Dr. Hull's Cough Syrup docs the great-
eat good to the greatest number. 25
cents.
Much complaint is being made about
the wavin which the cars nro allowed to
block uu the Tenth street crossing often
at 0 o'clock at night. Some tlmo ago the
council passed a resolution ordering the
arrest of any switchman or brakeman
who should allow the tracks to bo thus
blocked up. Wednesday night the carria
ges route to Urownell hall were compelled
to wait twenty or thirty minutes tit this
crossing bet-au o the tracks were con-
pletely blockaded.
St. Vltiis'n Dunne Ctirril.
I'.VHMINOHAI.P. . Iv. I. ,
N. Y. , Sent. 2. ISSo.
I have been troubled for several years
with an affection of the nerves which no
doctor or no medicine could cure until I
tried HitANbiUiTii's 1'n.t.s. I would be
taken with a violent pain in the middle
of my spine , and my arms and legs would
twitch violently. It acted something like
St. Vitus Dance , for 1 couldn't control
uy limbs. It would come and go onee
or twice a month , lastiuu two or three
days at a time Finally , at the beginning
of one of my attacks , 1 took live HKAMI-
itr.TH's 1'n.t.s. As soon as they acted
freely I found myself almost well. So I
continued taking them for a month one
or two a niirht. It is now a year since 1
lave bad an attack , and 1 attribute my
cure to OiuxiMi.Tii's PIM.S.
FifAxor.s WOOD.
The forty-sixth musicale ot the Indies'
Musical .society was gaon Wednesday
nght at LyoiitK HualevX in thcbliupo ° ' ! *
iiano recital by Mi s Hella Robinson , assis-
oil by Mrs. H. 1) . Kstabnmk as vocalist ,
mil Miss IdaTlncsas pianist. Miss Hobiu-
son has been for the. pastlwo years under
the-instructions of Miss Neally Stevens ,
iqd her skill and artistic methods give
iromtec of a very bright future for ner.
I'lio programme was much enjoyed by the
'arge audience present.
Thr Himtrkepper'H Complaint.
"I am discouraged. I have too much
: o do. I am tired. I am sick. I sup
ese I was put into this house to keep it
jlean , but it is too much work. I won't
ry. I will go to sleep. I don't care
what becomes of the house. "
The above is an allegory. The dis
courage I housekeeper is the liver ,
i\hich ndeed , is often called "the house-
teeper of our health. " It dors go _ to
deep as it , threatened , a crowd of dis
eases are all rnady to sprinir up as a eon-
sequence. Dr. Pierce's "tic.lden Medical
scovi-ry" aet.s upon the liver and as
sists it in its work of housekeeping and
nouse-cleaning. It is the great liver
remedy and blood cleanser , and cures all
he lonir train of elm me malad os result-
ng from a torpid or sluggish , sleepy
iver , such as sick headache , scrofulous
diseases , as ulcers , ' 'fever sores , " "white
wellings , " hip-joint doiso. . consump
tion of the lungs ( \\heli is really only
Gcrofnli : manifesting itself in tlio delicate
.sMies of ttio-ie. organs ) , also all .skin dis-
aseas , as blotches , p.mples and erup
tions , and all blood taiuta , however ac
quired.
At a meeting of the Lily Division U.
II. K. of P. hold Monday evening General
I. E. Smith was elected sir knight com
mander ; J C. Kang sir knight licuten-
inr commander and Fred Race sir knight
hi raid.
Complexion Powder is an absolute
necessity ot the relined toilet in this cli
mate. Po/.zoni'.s combines every element
of beauty and purity.
Ha\erlv'i5 minstrels will lie in Omaha
on the nijiht Of the Patli performance.
Manager Hovd has tried ineffectually to
have the date of his performance
changed.
She has the complexion of a peach ,
Po//.om'.s Medicated Complexion Powder
did it. Sold bv all druggists.
A. J. Wlieelock , one of the sporting
men of Missouri Valley , was in town
yesterday and took part in a little match
elsewhere recorded in this issue.
There nro 221 women on Officer Turn-
bull's list of the inmates _ of the \anous
disorderly houses of this city.
The city council will start on Monday
morning next for their trip over the Mis
souri Paeilic to Now Orleans. It is ex
pected that the entire body will go.
.
no AtnmontftLDj ! , AlumotI'hoiphates.Bt I'rico'a
, YuitUo , Lecioti , otc. , l
Ncwlf furalihol
The Tremoiit ,
J. C. K1T7.UUKAU > & i-O.V , i'roprlotnn.
Cor. Kh iitt-l I'rHs. , Lincoln , JJeb.
n > le tl. per day. blreol can Iromliuuu to anr
'
j'crt ot Ilie c'tf.
J , II. W. HAWKINS ,
Architect ,
Omcf31. . 3J uii-1 . Hlunnrds UlooV. Lincoln ,
Ntb. r.luvutor onlltli slrcot.
llreoderol lirpodcrof
GiLLo\fAr CATTIK. ft
V. M WOODS.
Live Stock Auctioneer
hnlu * Hindu In nil part * of tliu U S-iUfnlr
rHtus. Jtoom 8 , State Illock , I.lnooln , Xeu.
Galloway unrtUuort Horn bulU foreala.
li H. GOULDING ,
Farm Loans and Insurance ,
Corrtauondcnco In rcirarl to loans solicited
Jtoom * . Hlcbaras Illock. IJueoln , .Vub.
Riverside Sliort Horns
Of strictly pure Hates nnd llntes Tajijiedcattle.
Herd numbers about M huad.
Families rcpruientuU : t'llberts. Cragzt ,
Acoinl > 8. lli'iiioi , Itoie of Sharons. Moss Itotet ,
Kiilt-'Btly Ducbcsseu , Flat Creek Vouny M&rjri ,
Fbrlllaei , IxiuansandTruti Ixives.
llulU tor Mlo. 1 furo JJutes KUbirt. 1 Pure
Bate * Crates. 1 Ko oof Sharon. 1 Young- Mary ,
JPme Crulek Hhank and other * . Coma and
Inspect the liord. Addrees , OH AH. M. U1UN
BON , Lincoln , Neb.
When in Lincoln itopat
lsational [ Hotel ,
And gel u good dinner to -
. ' . ' fBDAVTAY Proa
liTe Eclipse Broadcast Seeder
The only FOKCE FEED WAGON SEEDE11 in the mnrkc1
Pho only Wagon Seeder thai stops sowing when the tcani
stops. The only Wagon Socclor thai sows the same quantity
; ) or acre whether the team walks fast or slow. The enl
Wagon Seeder that will sow all kinds of grain. The onl. ,
Wagon Sceder'that is provided with springs to prevent breal
igc.
igc.Ask
Ask your dealer for them and if not in stork , write
Deere , Weils & Co , ,
Manufacturers of and Dealers in Agricultural Implement ,
Council Bluffs , Iowa.
DRS.S.&D.DAYIESON
. . . ,
17-ta LA.Avur.Ncn STKKIT ,
in\vsit : ; , . - < JO.OJA O ,
( ) f tne Missouri State M-seum of Anato-
iiiy , St. Louis Mo- ? University College
Hospital Lomlon , Gicfcn , Germany and
Now York. Having devoted their atten
tion
TO "Till- ; TREATMENT OF
Nervous , Chrome and
DISEASES.
More especially those arising from impru
dence , invite all so suffering to corrct-pond
without delay. Diseases of infection and
contagion cured safely and speedily without
detention from business , and without the
use of dangerous druses. Patients whose
cases have been neglected , badly treated or
pronounced i icurablc , should not fail to
write us concerning their symptoms. All
Ict'crs receive immediate attention.
u2TJUST PUBLISHED g >
And will be mailed FREE to any address
on receipt of one 'i cent stump , "Practical
Ob = crvations on Nervous Debility and Phy
sical Exhaustion , " to which is added an
"E - ay on Marriage , " with important chap
ters on DISEASES or run RBIMIODVCTIVB
OHGANS , the whole lorminj ; n valuable med
ical treatise which should be read by all
voting men. Addre
" "SS. S. \ O. mVZESOIV ,
17-1V5 Lawrence hi. , J > cnver , Col.
JiyDr. Snedlker'a metlifnl. No operation. Xo Puln :
No Dutvir.lon from business. AiliiulttJ to children
us well us Kronn peoplii. Hundieili of uutoifr.iph
Iflln n.lalH en r.lo. All lu. lnesi trl n.J uu
al. CONSULTATION K11C1 ! .
.
PROF. X. . COOK ,
( BRIDGE BRO'S ' ,
State Agents
FOll THE
mm nun's ' puwn i
/IVljll / DllUrJ , 1 AlMlrJ
Omaha , Neb.
SOMOAH NinSIRIES.
AND RETAIL.
O'ern for i-prlnz Irnile a full line nf Apples. Crnui ,
Ihi-'rlt't. I'cars Plum * , ( iritpi'i. rurrmils.ijooso-
| iTrlo , llackleTii' ! .Ha'pbfrrl < ' .t'trawI > i'rriin.
Al.lt 'lin : NEW AND OUJ KINDS.
Apiilorootgnifts , evnvrfon * . forest trpo needling ! ,
nrnHirii'n'nl Ireun nml stiru ! > . roio , rllmlilnu vlnui ,
Ac Dt'Hlcra unil all supplied at vlirr low prices. Ad-
drujB
D. S. Lake , Prop. , Shenandoah , Iowa.
FOR SALE.
Cash , Trade or on Time.
Two Sai ! ! ! m and One Jack.
Having sold mom , of uiy stock farm nml liuv-
inpno further u&o for tlio ubove. I "ill sell
them utn UitrKiiln. Cnsli , Inirtoor time.
SIKINti o5l ! StumlaiilComing six ycura old ,
buy , 1U Imiids , sirud by linlluJJ - J , Uu by ly. ! + -
dvk's UainblL'touliin.
IClUChYDl--8evpii yonr < oM. draft nml all
iiurpobo htalllon , 17 luuiiU liinli. wplcht 1UX )
1 tis. with the uctlon ot A thonumlil'ri'd
OIANT.JU. LAFKO Hlack JUCK , in or IB hands
lilxli.coinfnK four > onra tild. lluugbt from
Tnldwell i Co. , Ixmlsvlllo , ICy
1'or further rmrtlnuliirs , write to
N , I , D , SOLOMON , Spring Valley Stock Farm ,
OMAHA , Kr.II.
Tf nnt EoM thn aboru Stallions will stand for
Eorvicuut tlio farm.
'ABSOLUTE PERFEQliOH IN BAKIHUi
AND ALL-
MEATS nOASTED IN THEIR OWN
JUICES , BY USING THE
WIRE GAUZE OVEN DOOR
FOUND EXCLUSIVELY OH TUS
MARVELOUS RESULTS
LOSS IN SHRINKAGE OF MEATS ,
Verr frwpwpl * Vnow that tbo KhrlnVaM ot MmU
maudlin ncU oon-n l > from thlrtj-flt. to fW7 P
lent. All njn tciinuiii m > outj--tivoMrc nl.of ut
jinil onlr tw ntrB MT cent , of mild nwtUr.and ttt
-ithatli > un < lii inlhx nuulIiiBfnm il lntheoTopo.
f tlnuof thululco. ttl.lcli 1. tlio VITAL. riaiOF U iT
Effect of tlio SOLID OVEN Door-
A TEN t * > nn < l falrloln , roc.liuraorwolUlone , will Dt
r.rporriJlo KIX loundinml lour ounnx ot llo u < l
ncut.i.honlnK.llo' . ofthti. r < > intl 'ill ' < weJV > lou.n ° 1
of juice , \\bilithe Ion l S'H Irroat.of tbo totjU
rrUhi. It vtitin the cuoriucus Loss or tlixx rcn
CLKT. OF7UEJCICE.
Effect of "WIRE GAUZE OVEN Door.
A TEV round alrloln. inMlum or > olllonn.wlll M
rrduced to nlneimunrl nmlolght ouurnof I'0"1- !
runt , tnowlnen loMOf Blirht oanws of inln. Hblli
thlnlo'ila live per Cfnt.of tlm tot.nl wofulit. Ituhowl
Ihoien .inallLoaioriinTKBVEXi'EBCtHT.orJulCK ,
Etna roa ILLUSTRATED CIRCULARS AND PBICE LISTS.
CHAETER 0K 6TOVE3 and EAHGES are
SOLD IN KEHBASKA as lollcwa :
MILTON POGERSftSONS OMAHA.
I' . KENXCV. GORDON.
DALLAS & I.K.TSON , HASTINGS.
E.G. BREWER HAV brmvu .
H AIRU&CO Nu > r.AiK .CirT.
W P. TTMl'I ETON , NrisOK.
. STUROEVANT ft SON , ATKINSON.
in. & . , CIIADROK.
UAUSE , LUDKLR.fi : WELCH COIUMBUS.
OLDS IROS ! . EDGAR.
T'VNNFLL&SWFr.NEV ' , KAIRBURT.
OEITLK& FAGER , FRANKLIW.
N J. JOHNSON MOUTH BIND.
J I McCAirEKTY O'NriLt. CITY.
R \ZLEWOOD , OSCEOLA.
J S. IH'KK PLATTSMOUTH.
A. PEARSON STEIIUWI.
J C. GREEN STFOMSOURO.
1 A I'AimrN fiSON Surtmon.
TIMMERMAN &FKAKER VIKDOH.
Poison the System with Nnuscatln ?
Jniff3.r.Hprne's ) ) Electric Uclt Cures
Diseases Without Medicines.
Will Positively Cure Without Medicine
I'.Mnn In tlio Luck , hlpvhi'iirt r > - llmbv .Venom U *
Mllty.I.unitmco , ( lenernl Denllltr rthoumnlltm , 1'ir
nl7 K Ncnrnlf , r'cln Ic . Illtemcn of Klilnxyi. Hpl-
mil niteatcn , rorplrt l.lrr Ooul , A thmnll * rl Dl-
ncnrr * . Dfrpoprln.Oonitliintlon. KrjrlpilM , Indl e -
tlon , Imjiotencjr , Catnrrli. I'lluj , Kpllepir , Ague , 1) | -
botredlydroca Kxliauitlan.
Koto the Following who were Cured
A J. ITaiclnnd II. S. IMruor. J. M. llHil.lt. all on
bokril of trade ! IV r'urntmtn , Araorlcan Kiprr l
Co : A.iriK < TT. oommliilio marc bunt. Slock Vardi ,
O. Tawniend. Pulintir llouso ; HudJ Doble , the ersat
hoeunt Col. Connellr , of the Inter -Oc n. H. W.
W.KrleM j W.M. Darli. Hturauirj Ainrrloio
mn ; J MhonH.ir.2Jl . .MniLon > t l J.C. rinillti.
j .II.1MaiHxmit. all nt OhlcngosT Ilellui ,
M. I ) . Mormonlown.low HI I/eiiiuel Milk , Kamialiee.
III. Juilzel.N > lurrr.N I > nrvle. | | 111. , und hundred !
of nthers roprmentlim nemlr pTnrj > town in till
llnturu Also klo ; lrlo belli for ladles. Call or fend
ftaniti for Illtittrut d cutnlnuue. Open datlr. altQ
evHiilnfm and HiindarK , Klnctrto SjtnBnftorlnt fr t
and nil Malullelli. llonnroof bozuiicomnanlei wltb
innnrallii ) > e . nalllnK worthlaal goals , with onljlitc
U l niont > All mj 1nlunntaln 73 lerut > ntl ol
tattrrk'B , henta liure four times tb ponrr and
qunntlt ) of electrlclljr. lloncit gooli hnd lioneal
ileHllnti ? the motto.
JJU.W.HIlNK.19lWnlalis-avChlcnjro ) ( ) )
Inrentor , Proprietor and Manufacturer.
THE ECLIPSE FANNING MILL
Superior to all Others.
Because stronger and hotter jriado , and will do bettor i.
more thorough work. Ask your dealer for them or writ
Deere , Wells & Co , ,
Couucil Bluffs , Iowa.
.J