Nebraska Newspapers

    THE OMAHA DAILY BEE : FRIDAY , JUNE 10. 1887. 5
ANOTHER HUNDRED FATHOMS
The Supreme Court Decides That Work On
the Salt Well Can Continue ,
AN OPINION FROM LANE.
Jfc Decides That the Hold-Over 51cm-
buri or the Omaha School Hoard
Arc Entitled to Ofllco Under
tlio New Charter.
Irnosi run nrr.'s i.ixcor.x nunnAu.l
The supreme court yesterday passed
ftpoti llio question : it isiito between thu
auditor and the board of public lands
nnd buildings regarding the continuance
of work on the salt well. The question
raised by the auditor was as to his right
to continue to issue warrants for the
work after the expiration of the quarter
ending May ill , and a statement of facts
in the case were Mibmitted by the attor
ney general. Upon consideration the
court holds that the auditor , under thu
law , can issue warrants until the expira
tion of Scptombor nml that the fund id
available until that time. This decision
will allow the board to continue the well
another 1,000 foot and furnish informa
tion as to what underlies this section of
the Btato to the depth of 8,000 , feet. When
it is considered that the results attained
by sinking the well 2,000 feet arc prac
tically valueless the continuation of the
work will , if nothing should bo devel
oped , settle the question of experiments
for minerals or other products to a depth
within roach of reasonable working.
Ol'I.VIO.NS ril.KI ) .
Weaver vs. Grossman. Appeal from Cum-
iiiK county. Allirmid. Opinion by Maxwell ,
Cli. J.
1. Where AH action In the nature of a
creditor's bill IB brought by a non-resident of
tins state nunlnst a non-resident on u judg
ment rendered In another state oil which E > n
execution had-been returned uusatisiled , to
rcnch tunds belonging to the debtor In the
M hands of a clerk ( it a district court , thu peti
tion must show that theio Is no pioperty of
the debtor within the state subject to attach
ment or irnirilsliiiiciit.
' . ! . While the general rule Is , that funds In
the hands of the cleric of a court arc not sub
ject to garnishment In an notion at Iiiw , yet
In a proper cnho u court of equity may sub
ject mich funds to the payment of the cl.Ums
of a creditor.
3. A judgment rendered in another state ,
when brourht Into this state , Is merely evi
dence , mul to bo available In this state a
judgment must bo recoveicd thereon in our
4. Where an action Is brought In this state
on judgment recovered in another state to
HUbject certain property ot the debtor al
leged to havu been assigned by him without
consideration , the debtor Is a necessary r.arty .
to the suit.
Tootle vs Mnben. Error from liolt county.
Kevciscd. Opinion by Maxwell , Oh. J.
1. Where in an action on a promissory
note and account the answer of the detcnd-
ant was a plea of payment and overpayment
ment , and there Is a failure of proof to show
payment of the account , a verdict for the de-
icndAnt thereon cannot be sustained.
3. A cause should bo submitted to the Jury
upon the issues made by the pleadings and
not upon incidental questions which may
arise fiom the testimony.
Uuntloy vs. Davis. Krror trom Franklin
county. Opinion by Maxwell , Oh. J.
1. Where certain matters in uill'oronco
between A U and C 1) wore submitted to
certain arbitrators who inane a verbal award
which was ratilied by the atorcsnid parties
by entering into a written auicement slgnnd
by them and witnessed by tlio said arbltia-
tors. Held , that the parties had thereby ac-
ceplPd of said award and no action could bo
brought upon the original items of account
submitted to Bald arbitrators without showIng -
Ing some adequate cauba for setting the
award aside.
2. Matters not submitted to the arbitra
tors , or not considered by thnm'ln making
the award , may be sued on as though no such
award hod been made.
a. Testimony hold insufilclent to sustain
the vordict.
State ex rel. Hopkins vs. School District 7 ,
Sherman county. Mandamus. Writ al
lowed. Opinion by Cobb , J.
1. Olllclal cortlllcatos of the calling of an
election in a school district ( or the purpose
of voting on a proposition to Issued S3,500 In
the bonds of sold district , for the purpose ot
borrowing money to build a school house and
purchase a site therefor , ot the postin / up ot
notices of such election , ot the holding ol
Biich election , nd the result thereof , and ol
the Issuance of such bonds signed by per
sons claiming to bo the director , moderate !
nnd treasurer of said district , and the judge *
nud clerks of said election , which olHclal
certificates ware received in evidence upon
the agreement and stipulation of parties.
Held , to bo evidence of the corporate exist
ence of such school district at the date ol
Biich proceedings.
2. The certlticato of the registration of o
school district bond , endorsed on such bond ,
Binned by the county clerk under his otllclal
ecal , aud dated April i > , 1874 , Introduced and
received In evidence without objection.
Held , to bo evidence of the corporate exist
ence of the school district by which suet
bond purported to have been Issued.
3. The ofilclal certificate of the director ol
a school district that notice ot a crrtait
spec ! * ! school meeting In said district was
given by posting up notices of said meeting
twenty days before the balding thereof Ir
three of the most public places in said dls
trict. which certificate was Introduced am !
received in evidence under a stipulation ol
parties , In which It was recited that suet
'stipulation Is for the purpose of using the
name as testimony Instead of the plaintiff 01
defendant being obliged to take deposition !
to prove the same. " Held , To be evidence o :
the due publication of the notice of the call
lug of suob special school meeting.
Terry vs Granger. Error from Saunden
county. Affirmed. Opinion by Maxwell
Ch. J.
1. Where a joint owner ot personal prop
crty assumes , without authority , to sell thi
fIV Interest ot his co-tenant , the latter may re
pudiate the sale aud sue for the coriverslor
of the property , or he may ratify it and sui
tor tils share ot the money received.
'J. If ono tenant In common of a chattel
without authority , sell it , an action for con
version by hit oo-iennnt will lie against him
In ro Lewis Uroff ot al. Opinion by Max
well Gh. J.
1. A Mil to rcapportlon the state lnt <
judicial districts aim to provide judges there
for , passed the legislature In duo form , bu
before bolntc signed by the governor wa
chnueud , reducing the number ot Judges t <
onn In the second judicial district. Held
that the act being complete In Itself as to th
lirst , third , fourth , lifth , sixth , seventh
eighth , ninth , tenth , eleventh and twclftl
districts , and capable of being executed , wa
not affected by too Invalidity of that part o
the act relating to the second district. Stat
vs. McClelland , 18 Neb. , 243 ; State vs. Kobln
eon , 20 id. , 00 ; dlctlnnulshod. That the pro
vlMon In regard to the second district wa
null ana void.
2. The act of 1885 , providing for tw
judges In the Second district Is valla , nndth
number of such judges cannot , under th
constitution , be changed oftener than over ,
1 our years.
3. The appropriation made by the leelsls
Inture of 11)6.000 ) for the payment of aalarle
of nineteen judges ot the district courts , I
nn appropriation In gross to bo applied as fn
ns necessary to the payment of the salarle
of all judges of the district courts.
1'axton Cattle company vs First Natloni
bank of Arapahoe. Krror from Hod Wl
low county. Afllrmed. Opinion by Cobb. ,1
1. Whore , after articles of Incorooratlo
were drawn up and signed by the pr <
motors of a cattle company , but before the
were recorded or riled for record In the ofllc
of the county clerk , and before the tlmetixe
In xuch articles for the commencement c
the business of such Incorporation , n pres
dent was selected for the corporation by sue
promoters , and the president In the preaeuc
nud with tlio approval of a
ouch promoters , executed and dellvorc
to one M , a note In payment for , and In con
Blderntlon of , the sale and delivery of corlal
liorses , catttle , ranch and other property I
Bald corporation , which , after the porfectln
of the salu corporation and tbe time Uied ft
the coratnancrmenl ot the business thoreo
mine Into Its hands as its property , and coi
tinned to bo used and unloved by U as sucl
Held , Tint the assignee of A. could reeov <
on bald note ,
' . ' . When a defendant in an action allof *
by war of answer any matter In bar of tl :
plalntlff'8 actlou , tbi > plalutiff may , by wa
> f reply , allege any fact , or facto , not incur
slstont-wlth the fads nllcKcd In his petition ,
by reason of which the ilufcnilnnt mny bo
estopped to nvnll himself ot such defense.
3. The snlo nud rollniiulshment of nn In-
cho.ite homestead or other possessory rlt-lit
upon the public domain , together with the
ranch and other Improvement * thereon.
Held , To constitute n eood nnd valid consid
eration lor n Promissory note.
Norwegian Plow company \S llaino' .
J'.rror from Douglas county. Alllrmcd.
Opinion by Cobb , J.
1. There being evidence of facts constitut
ing a coii\crslon of the property of the plain
tiffs by the defendants nnd thu same having
been fnlrly submitted to the jury by proper
Instructions , n verdict and judgment for the
plaintiff upheld.
llt-ed vs Mabcn. Error from Holt cnnnty.
Juiltimcnt of ulhtrlct court leversi-d , nt-
tachment restored nnd attached property
ordered to bo sold ns upon execution.
Opinion by Cobb , J.
1. Attachment , although nn ancillary
remedy , nud applicable to a limited class of
cases , yet within Its limltsrest.s upon Its own
facts , and not upon the facts of the action.
U. It. J. it Co. Btieil M. In thu county court
nnd obtained nn order of attachment. Un
motion nnd hearing the attachment was dis
solved. Upon tlio trial the defendant ob
tained judgment. Upon error In the district
court tfm judgment dissolving the attachment
was rovrrsed , nnd upon appeal and retrial of
the action In the district court nt n siibit--
( incut term , the ptalntllt obtained judgment.
lint the court made n special li lull ML' that nt
the.date of. the commencement of thu action
thndcotsuedon was not due , and thereupon
dissolved the attachment. Held , Krroi , nud
reversed.
Karlo vs Hiircli. Krror from Gage county.
Alllrimd. Opinion by Cobb , J.
1. Where the law declares n mortgage valid
ns between the parties but voitl ns to creditors
nnd suhuMiuont purchases In coed faith , n
creditor , In order to nvnll himself of the ad
vantage of that character , must remain n
ci editor throughout thu litigation , if hero-
ceivo his pay In mortgaged property , with
knowledge ot the mortgage , ho will take It
subject to the mortgage.
y. In such case no 0110 who has knowledge
ot such silo ; ciu ; beeomu n subsequent pur
chaser of the property which is thu subject
thereof In good faith , so ns towill hluiio.J of
the advantage awarded to that class of pur
chasers.
8. The statutory rule that "All persons
.laving nn Interest In the subject of the ac
tion , nnd In obtaining the n-llet demanded ,
nay bo joined as plaintiff * , " etc. , ( code ,
section 40) ) is applicable , not only to actions
properly denominated equitable , but also to
thoac formerly denominated legal , Including
actions of replevin.
4. The defendants claimlni : only a special
property In the goods ruplevltietl. nud the
court having found the value ot said special
pioperty , which finding was within the value
ot the goods ns proved nt the trial. Hold ,
not necessary that the court should have
"ound the general value of the property.
SUrilltlNTENUENT LANE'S OPINION.
A short time since , the stnto stipnrin-
cndont received n communication from
the hold over members of the board of
education In Omaha regarding whether
hey would bo member * of tlio board
iinuor the now charter. To this Mr.
! . , ane furnishes the following reply , which
t is understood is of n like opinion with
the members of the supreme court now
'n session :
OFFICE OF STATE Sui'EKiNTJ'.Nnr.NT )
OF I'UIILIO INSTIIUCTION. >
.LINCOLN , Neb. , May , ISisT. )
Gentlemen : 1 nm In receipt of yours of
the IDtli of May , lbt > n , requesting an olhclnl
leclsion of the question whether the six
jiiembers of the board ot education ot thunlty
of Omaha elected when said city was : i city
of the first class whose teiins have not yet
expired , will Decomo members oC the board
of education tor the school district of tlio
city of Omaha to he organized under the law
governing school districts in cities of the
metropolitan class.
The act of the legislature was made neces
sary because of the cro.ition ot a now class of
cities. The school law piovided In ireneral
for schools In cities of the second and lirst
class , but not for schools In the newly-
created class of cities. The unceitalnty 10-
gardlne the act nilsestrom Inconsistent pie
visions relating to the number of members
'in the board provided for by the act , and the
number to bo elected at the annual elections
: H Ibs7 aud 1S-4S. The net says the board
shall consist ot lifteen members , but only
ptovldes for the election of nine In lt$37 nnd
live In 1888.
The decision of the question will Involve
nn Intelprutatlon of this statute. In arriving
nt a decision 1 think It fair to consider tlio
object to bo attained by the legislature , thu
existing system ot school organi/atlon. nnd
the relation the old school district hold to
the one newly created.
The act relative to cities of the first class
provides for a board or nine members , three
of whom are elected each year tor a term of
three years , and until their successors nro
elected nnd qualified.
Under the law of 1SS7 , the board Is to
consist of fifteen members , nine of whom
shall be elected on the first Monday in Juno ,
1887 ; five of whom to serve three years ; two
tor two years and two for onn year.
It further provides that at thu annual elec
tion in June. 1888. there shall bo chosen live
members to serve for three years , and In June ,
18b9 , there shall bo elected live members to
serve for three years , nnd annually thereafter
there shall be elected tire members to serve
for three years.
It will thus bo seen that the act provides for
& board of fifteen members , and tor the elec
tion of but nine thereof until the year 18S8 ,
at which time two of the nine go out nnd live
new members come into office. In the year
1&9 , two more go out and tire new members
como In.
It will also bo observed that under tbe law
relating to cities of the first class , three mem
bers ot the board retire In 1SS7. three In 1888 ,
and throe In ISaO. This coincidence of ex
piration of term of old members , and this
singular time of election of new members
can be explained only by icasonablo conject
ure that the legislature had In mind both the
old and new boards of education.
As was said in the case of the state vs
Woatherby , 17 Nebraska , 554 : The powers of
the board of education under the new act
may be somewhat greater than tbe powers of
the old ; but the school district of the city of
Omaha substantially remains the same the
corporation itself has not terminated or un
dergone much material chance the main
difference being a change in the manner of
transacting Its buMness and In the method of
government. The board of education , under
the act of 1887 , necessarily continues the
schools of tbe board created under the act of
cities of thu first class.
At the time of the passage of the ret Incor
porating metropolitan cities the oftlcinl
census of thu state showed that there was
but one city In the state coming under the
provisions of that act , viz. , the city of
Omaha , which cltr was nt the tlni said act
was passed a city of the lirst class. It is lair
to assume the legislature was cognizant ol
these facts. The/ would also be cognizant
of the fact that the school district of said city
was represented by a board of education con
sisting of nine members , six of whom wore
elected for terms not jet expired.
Thu lattter named actauthoiUed the city
council to extend thu limits of the city , but
did not require them to extend the limits be
yond the limits of the old city. In vlow ol
the fact that nn extension of the city bounda
ries was not made necessary , it cannot be
claimed that the legislature know that tin
now territory would be embraced In the
school district before the annual election ol
1S87. They did know , however , that the territory
ritory of the old district would become the
territory of thu now district. In the ordinary
course of things the now district Is to be tin
successor ot the old. The new district is tc
have a board of fifteen members , nine are to be
elected In 1SS7 with varying terms of ollice
The six members ot the old board wore
elected for terms which would expire slmul
tancously with tbe six whose election wn ;
not provided for. ThU condition of attain
was In the minds ot the legislature and was
part of the subject-matter upon which the ]
wcro legislating. It cannot be claimed tha
the legislature had no official knowledge o
those lact * , for the reason that they all mus
have existed under the general school law :
and could be determined br the pnblli
records of the * tate , and U Is not i
matter of conjecture that they wen
legislating with regard thereto. It wottU
bo an absurd conclusion to ay tba
the legislature , after providing for a board o
fifteen members , Intended there should nebo
bo fifteen for two years to come. The ac
provides that the board shall organize li
July , 1887. No possible construction of tbi
act can load to the conclusion that the si :
members whose election Is not spectued at
to be chosen by election at any time , for thi
act expressly limits the number to be chosei
at every election provided for therein. No
will it do to say the other six members ma ;
be appointed to ail vacancies ; because tliet
can be no vacancy until somothlnr has beei
vacated br act ot the members themselves
My decision therefore. Is thit the six mem
bers whose choice Is not otherwise provide
for , but whose office Is created , are the su
members of the old board whose terms ban
not expired by limitation. All of the statute
referred to are ID parl tniterla , and aust b
taken and construed tof ether a * one fyaten
nnd explanatory of each other. They all
form n united system , harmonious nud con
sistent , adapted to tbe irrowth and develop
ment of cities of one class Into those of nn-
otlicr. In my opinion thcrocan bu no doubt
nstotho Intention of the legislature ; and
this Intention Is discovered without ImportIng -
Ing Into the statute any words not in the
text and without nssumlnic thu existence of
any facts or condition of things not shown
by the public records of thu state. It Is In
accord with thu language of the statute , do-
duclblo from and In no wUo Inconsistent
with it.
1 Imvo the honor to bo , \ ery truly yours ,
UKoitni : 1) . LANE , State Stint.
To Sfpssrs. William Coburn , Hush C ! . Clark ,
Henry l.jvcsoy. T. W. Blackburn , 11. J.
Davis. William E. Copelnud , members of
the Board of Education , City of Omaha.
AKT1CI.KS INCOItl'OHATI.S'O
tlio John Uiurks Mniiufncturiug company ,
of Oninha , were lileil with the secretary
of state yesterday , tlio Kuncr.il business
of the corporation boinjj to carry on man
ufacturing of farm machinery , farm im
plements , blacksmith supplies , etc. The
capital stock is $ 150,000 In shares of $500
each , which may bo Increased Wl per cent
by a two-thirds vote of the stockholders.
'Iho Incorporatord are John Dierks , Will
iam H. Vati-ilin , 0. K. Holt , S. P. lloumls ,
J. E. Kiluy and A. P. Hopkins.
NEW NOTAU1K3.
The governor yesterday issued com
missions to thu following notaries : Cns-
smo E. lla.'tin < : s. ( Jorinjr , ( Jhoyonno
county ; O. M. Straight , I'lattstr.otith ;
U'illiam I ) . Jones , I'lnttsmouth ; Epliriam
Uook ; Charles M. Mtirdock , Wymorc ;
James Newell. Oiknoy , Uheyonnc county ,
Charles Callaliun , Sidney.
WILL ATTEND THBMAXQUKT.
This aftuniooou Governor Thayer will
comu in from a viiit at MallaliiMi uni
versity at Hartley , Neb. , and will pro
ceed to Plnttsniouth , where , in company
with Secretary Laws , Attorney Uum < rnl
'
Leeso , Auditor Habcotik , Treas'uror Will-
ard. Commissioner Scott , PresidtMit of
the Senate iMeiklojohn and Hon. Patrick
Kagau , ho will attend tlio third annual
banquet of the Plattsmouth Young Men's
UuuubliciUi club. The club , it is under
stood , expect tha greatest gathering in
its history and the sttitu liottso ollicors
will go in a delegation together to enjoy
thu evening.
A NF.W CANimiATK.
Tlio visit of Jim Laird to the city seems
to have boon not entirely to attend the
session of the republican state commit-
tco , for ho brought with him the boom of
Smith ( 'aldwoll , a 15 , At M. right of way
man at Edgar , Clay county , who is the
latest applicant for the much sought for
position of oil inspector. Just how Cap
tain Hoover will fcol toliayoLairil desert
him at this tlmo is an open question , but
curtain it is that Laird is now , with Can-
tain Phillips , directly behind Smith Caldwell -
well as an applicant for the position.
1M1'UESMNG Ul'OX ' .
, HEFOKM THK 1'tIIlUC.
On the occasion of the vi it of the
Lutheran synod to Lincoln Wednesday ,
the mayor , among others , addressed the
distinguished gathering of divines. In
this course of his remarks it probably ac-
currcd to him that the delegation liiight
not bo fully impressed with the idea that
ho was the great big mayor of the city
and that ho had tilled the air with roform.
Hence he quoted to them , "Wo are living ,
wo are moving in a grand and awful
time , " and ns ho solemnly enunciated this
stale proposition n number of the mayor's
victims on thu altars of reform appro-
ciutud the statement to Us fullest extent.
Jny Gould nnd Pnttison.
Jay Gould anil ox-Governor Pultlson
made an ititcn-sting picture when they
stood up to shake hands at the ollico of
tliu Pacific railroad commission , says the
Now York Sun. Mr. Gould's head was
about on a luvol with the. ex-governor's
middle vest button. Governor Pattisou
sat down , and , loaning his head on one
baud , listened with close attention to a'l '
that the railway magnate said. Mr.
Gould talked in a iruntle , uuassuminj *
way of how ho had bought and sold and
built railroads , showing his familiarity
with every detail. Ho never was at a loss
for an answer never stammered as if
fearing that he would make a wrong
answer. For a Pacific railroad man ho
had forgotten comparatively little. Ho
, was dressed in a plain dark cutaway suit ,
and his solid-looking boots wore well
polished. Hu sat almost from the begin
ning to the oud of his testimony with ono
leg thrown over the other. Ho showed
no more interest in ono question put to
him than another , but ho never failed to
grasp one of them as soon as It was put.
If a paper was handed him he coolly
slipped on his gold-bowed spectacles and
read it from beginning to end , took oil
his spectacles , and then answered. When
his testirnonv was finished ho walked up
Wall street nnd Broadway to his otllco
with Judge Dillon.
I..OST " 1 don't sco whore , I can't toll
when , I don't see how something of
great value to me , nnd for the return of
which I shall bo truly thankful , viz. , a
good appetite. "
FOUND "Honlth nnd strength , pure
blood , an appetite like that of a wolf ,
regular digestion , all by taking that pop
ular and peculiar medicine , Hood's Sar-
saparilla. I want everybody to try it
this season. " It is sold by all druggists.
One hundred doses ono dollar.
The Price of Poetry.
In the "Final Memorials of Longfel
low" these interesting figures are given
by his brother : "For his early poems ,
published during the last year of his col
lege course , in the United States Literary
Gazette Mr. Longfellow received some
times fl , sometimes $3 , according to
their length , this was in 18W. In 1&10-41
'The Village Blacksmith , 'findyrnion ,
and 'God's Acre' him
brought $10 each ;
'Tho Goblet of Life' and thn 'River
Charles' * 20 each. Then in 1844 , for the
Gleam of Sunshine'Tho Arsenal' and
'Nuremberg , ' ho received ? 50 each. This
remained the price up to 'The Ladder ol
Saint Augustine , ' and 'Tho Phantom
Ship' in 1850. After this there is no rec
ord , but Inter on hobccran to receive ? 10 (
or $1 ! " > 0 for n poem. The Harper's paii
$1.000 for 'Koramos' nnd the same for
'Morituri Salutamus ; ' Homier , of tha
Lodger , $3.000 for 'The Hanging of the
Crane. ' Mr. Loncfollow noted his in
come from his writings in 1840 as $310 ; in
1813 it was * 517 ; in 1845 ( the year of the
poets and poetry of America ) $2,080 ; in
1810 , $1,800 ; the next yonr , | 1.100 ; in
law , f 1,900 ; then $ 3,500 and $1,100 and
there the record stops. "
MOST PERFECT MADE
UMd by tbs United States GoTernment ,
XndoiMd by tbe betda ol thp > Or e4 Uui r ltle6
and Fablle Food ABalysUaeTb * BtiongeetjFiiieet ,
* , tu tt Hftslthtal. Dr. Pnc 'ii tbo oalj OsUiiE
rdar thit does , not oootsjn Ammonia , I.lmo o
AUTHORITIES AT HAND.
\Vherc Sonto or tlip Most Commonly
Used Quotations Mny bo Kottntl.
From Hacou comes "Knowledge is
power. "
Thomas Sotithcrno said that "Pity's
nkln to love. "
Doan Swift thought that "Urcad is the
stall'of life. "
"All cry and no wool" is found in Hut-
lor'.s "lludibras. "
Thomas Murgau qliaricd long ngo :
"What will Mrs. Gnindy say ? "
Edward Coke was of tlio opinion that
"A man's house was his caatlo. "
Washington Irving coini'd the expres
sion : "Tlio almighty dollar. "
Goldsmith remarked : "Ask me no
questions nud I'll tell you no libs. "
"Man proposes , but God disposes , " arc
the words of Thomas a'Kempis.
"When Greek joined Greek then wns
the tug of war , ' ' came from Nathaiiio
Leu.
Leu.Charles
Charles Pinkncy first said , "Millions
for defense , but not ono cunt for tribute. "
"Variuty is the very spice of life , " and
"Not much llio worsu for wear" camu
from Cowpor.
Edward Young assorts that "Death
loves a shining mark" and "A fool nt
forty is a fool indued. "
Macintosh gives , in 1791 , the pliraso
often attributed to John llandolpli :
"Wise and masterly Inactivity. "
"Of two evils i have chosen the least , "
and "Thu end must justify thu m"atis , "
are from Matthew Prior.
The world is indebted to Colley Cibbcr
for tlio very ngrueabln intelligence that
"Richard is himself again. "
To Milton is owud "Tho paradise of
fools. " "A wilderness of swue.ts" and
"Moping uuilauoholy aud moonstruck
madness. "
Drydcn says : "Mono but thu bravo do-
scrvu thu fair , " "Mun are but children of
a larger growth" and "Through thick
nnd thin. "
Ircinnturcly Aycrt.
Many a woman is robbud of those
charms which the guntlur BOX value so
highly , and inadu old before her tiiuo by
functional irrigularitius. To . ° uch the
bloom of youth may bo restored by the
use of a remedy which has stood the test
of time and which is to-day acknowl
edged to bo without an equal as a cure
for all female wcaknoss Dr. Piurce's
"Favorite Proscription. " By all drug
gists.
Fuels About
White hands with rosy palms , so bo-
oved of our grandmothers , have gone
out of fashion.
The American hand is smaller than the
Mitrlish hand , but the nails are not so
umdsome.
It is s.ud that people witli imagination
nro apt to have Ions tapering lingers and
leantiful tinner nails.
The good-natured critics nro said to
possess small , well shaped nails , and
.heir handwriting is somewhat angular.
The American nail sutlers iroru the
Iryness of our elimato , as a foreign pict-
irc uaintcd on panel sutlers from the
same cause , f
Diplomacy has a long , supple hand and
i beautifully kept linirur nail. Tlio hand
writing of a diplomat looks like a snake
crawling away.
An aptitude for criticism is shown
among people who bite their nails.
These people are cynical nnd severe- , un
charitable nnd bitter ; they write a small ,
cramped , illegible hand.
The Chinese have linker nails so long
: hat they coulil write with them. The
tenacity of the Chinese nail , which docs
not easily break , would indicate that they
invo more lime in their bones than we
have.
Tlio English nails are almost univer
sally rosy aud shell-like , and cut to a
rounded , slightly tapering point , kept
always scrupulously clean. The skin at
tlio base is pushed buclc to show the
onyx , a little half moon.
The onyx of the linger nails Is care-
fullv cultivated by the Creoles of New
Drleans to show that they have no black
lilood in their veins. No matter how fair
the complexion , the valuable sign of
pure blood is wanting to the octoroon if
the onyx is clouded.
Where Their Merit JLtes.
When anything stands a test of fifty
years among a'.discriminating oeoplt1 like
the Americans it is pretty good evidence
that there is merit somewhere. Such a
test UKANDUETH'S ' PILLS have stood , and
thousands of unsolicited testimonials
every year prove their merit. The Pills
are purely vegetable and are the result
of the highest medical nnd chemical skill.
They have never been known to fail in
their work ; they have never caused any
one the slightest inconvenience , no mat
ter when taken , and there is little doubt
that they have really saved thousands of
lives. The best evidence ol their value
lies in their increasing salo. UUAND-
KKTII'S PILLS have truly become n house
hold necessity.
Advice to a Younc Man.
Burdotto : My son , you must overcome
a difficulty ns you would split a gnarled
pieca of wood ; strike square at the knot.
It looks to bo the harder way to get ai it ,
but it is the easier and shorter way. It
will take you all day to split a tough
old gnarl of hickory by chipping around
the knot , nnd then alter you have wasted
the day and wrenched the ax-handle and
sprained your wrist and have twisted and
turned and pounded and chipped away
all the rest of the chunk , there will the
knot be still , hard and sound and touch
as ever It was , and ever so much harder
to handle , because you have no way of
getting at it. You will never split it now.
It will tnko you a lifetime to overcome a
bad habit if you go at it by degrees and
just try to chip away the easy edgei of it.
The chilly water in the ford will not
grow the warmer because you stand on
tlio bank and shiver , unless you are
going to stand there until next summer ,
and by that time you won't care to cross.
You'll never bo an early riser if you roll
over for jupt one more catnap after the
alarm calls you , You'Jfnover quit lying
by "pruning" vour extravagance of
speech. And I don't know , hut I am
pretty certain that you won't quit drink
ing by shutting oil' one dnnk every
week. You arc so apt IPlose your count ,
don't you see ? In fact.tJie only way to
do anything is to do it , ' and 'you never
know a roan who accomplished a thing
by not doing it. There is only one thing ,
my boy , that a man can1 successfully ac
complish by geuorull > ; e > vasivoness and
lazy neglect. lie can go' to the devil ; ho
can do this witli greater case nnd lesa
exertion than ho can do Anything else in
the world , and he can do it a-whooping ,
too. If that is all yod want to do you
might lie down anil go Ito sloop again ;
you'll "get there , Eli1
*
i n
The Waste of the British Empire.
Pall Mall Gazette : Mast month 41.B1G
of the bone and sinew of the British sub
jects left the United Kingdom , of whom
33,833 went to the United States , and will
bo lost to the empire. British North
America got 6.903 ; Australasia , 2,333 ;
and all other places 6U1 persons. Ot all
these people England supplied 19,412
Scotland , 4,833 , and Ireland which has
not oow 30 per cent more population
than Ucotland-18,086. In April , 1830 ,
the total number of British born cmi
grants was 39,039. There must therefore
be some powerful cause at work to make
an increase of 50 per cent between April
emigrants of 1880 and 1887 ,
For the tour months ending the SOU
of April , 86,358 subject * eiulflrrtxtod ai
compared with 60,323 In 1 ! 9. Addlnj
the foreigners who pwsod through 01
their way abroad , 118.348 sailed this ycai
as against 83,757 last' year , a hopeful
sign for the shareholders In the great
American steam lines , ns 103,000 took
that mode of conveyance. While states
men nnd doctors nro lamenting
the gradual loss of physical power
tunong our people , ns shown by the
necessity of reducing the height
of nrniy recruits to live feet three inches
from live feet eight inches , which it was
when the queen came to tlio throne , the
Kast Knd of London Is being inundated
by foreign paupers , mostly Germans or
Hu sinii8 nnd Polish Jews , filling up with
human rubbish the tale of thu population
which is being decreased by the loss of
thu best and purest of our agricultural
laborers and our country nrtis.ius.
As n proof of the extent to which this
has already gone the City Press states
that from the the result of n careful nnd
analysis of the reports published by the
Jewish board of guardians for the relief
of the poor , in Devonshire square , E. C. ,
joined to some other information on the
subject , it appears that every third Jew
in London was actually in receipt of poor
relief , every second Jinv belonged to the
pauper class , and every second Jewish
funeral which took place in the metro
politan area was a pauper funeral. These
were mostlv foreign born , who during
their lives liero were a burden upon the
rates nnd cut down the prices of labor.
ITCitlMl F1VIJ I.ONH YEAltS.
N Etv IlLoouriiai ) , Ml.-s. , Jan. 2 , 1530.
Hop BITTKHS Co. !
1 wMh to ny to you th'it I hnro boon lulTorlnn for
lioluniiM ! > oirdnltlm juvoro Helium all u\er. I
iHMilicnr I of llii > lllttor * nml hnva trlovt It , 1 Invo
< uil uii lour hottiOH iiii ( | u lun ilono 1110 more Kooil
linn till thw iluctors ami minllcinc'S tint tlioy roiilil
so on or w th mo. I nm oh ) nn I poor but fool to
ilOMyou Mmucli n rolU'C from > oiir medicine nml
irment of the doctors 1 li ITO liuil tlltvou doctor *
t mo. Ono unvo mo seven ouneo or "olutlnn of
r'ciilcs utiotlior took tour quart * ot blood limn mo.
All they could tell wa * that It H9 skin itlckiiCM ,
Now , nftcr lhc o fourbmt'otiif ' > our inrdlilno , I nm
c I land in y kin 15 well , clo.ui and xmootli ns q\cr ,
IIK.NIIV K.NOCIIK.
( ! noi > Wolllx FIIOM Oooi ) ArTllouiTV
Wo coiifom Unit wo nro poiK'ctly iimn
liorunof > oiir Hop Hitters Wo navur h.ul an >
ilnt ; Hk n it , and nuvur lie irdot tha Ilko. Tito writer
HentonlliM * lu-un suMllnit drni" < I'oro nonrlj thirty
ours , und ha * neon llio rUe nt Uo-upttMr' * , Vltic ur
ndall other hitternn 1 tin tent midlUnvi , but nuver
Id liny of tliom.ln tholr t > etliH , liuxui to hnvo the
until it HUM mtlura liavr. Wccii I'lcet onoucli
ftliciii , Wo iir ) out of tlioin Imlf tin ) time.
'rum letter to Ho ( > lllttnra I'n. , from licvniv ,
ICVKKS A Co .Wholes ilel > uinvl ts , Clcvcl.ind , u.
( Joon roil nAitns-"Wo nro plcmo.l . to say thiit
urhibywH iiirnianPiitly curoil or n iprloin pro-
inctedirrexulirltr ot tlio lioweli by the uio of Hop
Utters by lu mother , which at the suno time 10-
lorod her to tierfoct health and ttronxtli. " THE
AKENTS.
MlSKIlAllMiNESS.
The mot wonderful aril mnrrplous success , In
uses n hero persons are sick or pining nnnyfromii
ondlllonof mlsei.ihloncsi tluit no one knows M hat
n * them ( protltuhlo p UlenK for doctors ) , Is obtained
y the uio of Hop Hitters. They be ln to curj from
lie tint done , and keep It up until perfect health and
trcngUi is rcitturcd.
WICKKI ) rOU
"I believe It to bo nil wroni ? nnd oven wlckod forcler
y.ncn or other public mou to bo led Into ulvlnn tot | .
joulnls to quack doctors or Vila stJITs culled mertl-
Ints , but whin n really mcrltonoin urtlclo Is in.ilo
upot common r.U mblo romodio < known to all , und
hut all plijrslcltni usu and trust In ( I illy , we should
roelyro nmend It. I therefore cheertullrand liiiiri-
l > ( omracuil Hop Uluorn for the Kood they liaso
one niHiind ray /rlonds , tlrmly bcliorln > r they ha\o
iiirijunl fur f < ml1ir u o. I will not bo without them. "
-itiiv.K. it. WAKHEN , Sciplo , N. v.
ACnon ArC.'itTNT. 'Tj sum It up , sir lone years
of bodr.tl u > n slckneai an 1 miiT rln , c Htliii ; ( JX ) . per
enr , totnl ? l.'i > J , nil of which wu * stopped b > "tliioe
> otllcd of Hoi > Ultters taken by my wllo. who his
DUO her own hou awork torn yenr HUICOv thout the
ixsnf iidxy , and 1 want ovorybodr to know It lor
heir benefit. " JOHN WfcLKs. . , Uutlor.
NKViil FOUGHT THIS.
If you nro sick Hop Dlttora will surely aid
Mature In nmkln ? you > vctl when nil else falls.
If you urp costUo or tlyspoptlo , or are uITcr-
n from uny other of tlio numerous illsonsos
ol the stomucu or Dowels , It la your own fault
f youicmain 111 , for Hop lllttora Is a sovereign
rcmcdr In all such complaints.
If you nro wasting nway with nny format
ICldnoy iliacnso , stop tcmptlnir Death tills mo
ncnt. Rnil turn for a unto to Hop Hlttera.
If you nro nervous use H op Hitters.
If you are a frequenter , or a resident of a
ralasmatlo district , barrlcndo vour system
njrnlnst the scourge of nil countries malarial ,
epidemic , bilious und lutounlttcnt fevers by
the use of Hop Diners.
If you have rough , pimply or sallow skin
bad breath , pains nnd nclios , nnd feel miserable
generally. Hop Hitters will KIVO you fair skin ,
rich blood nnd sweetest breath and health.
That poor , bedridden , Invalid wife , sister
mother or daughter , can bo mndo the picture
ofhon w h Hop Dlttors , costing but a trllle.
Will you lot them Buffer ?
In short they euro all diseases of the Stomncb
Rowels , Illood , Liver , Nerves , Kidneys , Brlght's
Disease. $1000 will be paid f or a cuso they will
not euro or help.
WATOHSPRING
With sliding Detachable
Springs. (9 ( * Better ttuw
'Wfaalebone or Hornjsf ]
and guaranteed never to
break * Price , $
For sale by leading wholesale and retell estab-
liihmcou.
M AVER , 8TROU8E AGO.
413 Broadway , N. Y. , Manufacturers.
A Natural ,
Palatable ,
Reliable
Remedy
In TAlinANT'S SKLT7.KII yon
A cortnln cure ( or younKtindold ;
Kor Constipation will rtepnrt
And IndlKUStlun quloklvnlnrt.
Hick IIo idnche , ton , wJI anon depart.
When TAUHANT'S SKl.T/.liU cas been trlod.
BALI'S
BONED WITH KABO.
Til * ONLY OOHSrT ntdklhti c n
by lit purctaMer ft r TUB ICK
WKAK If not found
PIHFICTUY f ATIIPAOTORY. .
m erarr rwpict , ni tt price refunded bj soller.
HBdela TtrUtr of it7 > e and prlc > . UoH by tint.
, wortlilji
rltiidMlt . Mobl godiiui fewpMRf n mi 64
CHICAGO CORSET CO. ,
, tOt FRANKLIN TRCCT , OHIOAOO.
N w V rk. , ,
I
MODERN SERVICE AND MODERN DISSATISFACTION.
JUiilrtii Ymi .iyjo : nro colnc to leave us , Margate I J Are you not eiUsflCd. vltli your wagca t
Marfnrel YIB'UI ! I'm jialil upll and rcpiUr.
Miilrcti Does little Joliunlo nunoy } on In the kltohcn t
Margartt Oli , no , Ma'am. Iln 1 n clear little child , bless lili tout , nnd t linto to leave him.
Ntttnts Well , Mnrmrct , what reason have you for wan ling to Irate UM ut nil 7
Maiytirtt Deed. Ma'am , thrrc U n fit-oat deal of cleaning to do here , and to tell yon the troth 1
never worked ID a house jet wUcrc llitj dlilu't Biipply mo with Saiiollo.
It la to the advantage of the housekeeper If she supplies her son-ants with
SAPOLIO.
Son-ants can do rnoro.work nnd do It bettor and quicker wlth'Sopollo. Try It ,
and you will bo convinced. No. 17. [ Copyright. March , 1887.
New Model Law nMowei
Five Sixes , Will cttt higher grams than
anil other , llastiocqnalfor shnnllcitu ,
durability and case of operation.
This is llio latest Improved Ma
chine in the Market.
Low Prices. Send for circulars.
! PHIL STIMMEL & CO-
* ' OMAHA , 2TEWIASKA.
* State Aflenta for Porter's Jfai/liig Tool
antlJobbcm of Jlinding Twine *
Lawrence Ostronx & Co.
FAMOUS "BELLE OF BOURBON. "
Is Death to Consumption ,
Malaria , Sleeplessness ,
Chills and Fevers Or Insomnia , and
Typhoid Dissimulation ,
[ ndigestlon , 01 Food ,
Dyspepsia , Ton Years Old ,
Peters Ho Fuiel Oil ,
Absolutely Km.
The GREAT APPETIZER
This will certify that I have examined the Bel'c of Bourbon Whisky , received from
Lawrence Ostrum & Co. , and found the same to be perfectly tree from Fusel Oil and
other deleterious substances and strictly pure I cheerfully recommend the tame for
Family use and Medicinal purpose ! .
J. P. BARNUM , M. D. , Analytical Chemitt , Louisville , Ky.
For sale by druggists , wine merchants and grocers every where. Price $1.25 per bottle
If not found at the above , half-doz. bottles in plain boxes will be sent to ny address
in the United States on the receipt of six dollars. Express paid to all places east of
Missouri River ,
LAWRENCE OSTROM & Co. Louisville , Ky
Wholesale and Distributing Agents ,
RICHARDSON DRUG CO. , and )
BILES' < DILLON , Wholesale Liquor Dealers , f Omaha ,
families fupplledbji GL DHIONE BROS. < COt Omafta.
RELIABLE JEWELER.
Watches , Diamonds , Fine Jewelry , Silverware
The largest stock. Priced the lowest. Repairing a specialty. Work warranted.
Corner Douglas and 16th streets , Omaha. Licensed Watchma fcr for the Union
FacificRailroad Companr *
THE
WIRE GAUZE OVEN D003
ISTHI LATEST IMPROVEMENT ON TNI
It produces Practical Besnlta In Baking and
Koaetlng never before attained In any
Cooiina Apparatus , and will
If. that all foot rhtod or Roartod. rhoaM h pookwl
In frcih nlr freely a'linlttoJ tothB OTtn. Thli U < lon
bjrdlicarrtlnBthoclooooYen door herutoforounjl , Rtid
nbititatlnafor lludoor contnlnlns a tootot Wlm
tiatite o.arlra * luriau the door luclf.
Throuifh this Qauza Boor the air freelj
Circulates , tocllltatlnB thorrocMsof cooking. ana
prMuclnj tcM thnt is unaqoBlIM la flaior and uu-
Irillon.oml actaallr cookwl vrltll IBM consiuuptloo ot
luol tbau In an oven with n closed door.
It nmkei an enormous iQTlng In th wclgnt or meat.
or TUB rooo COOKED IM IT.
OPINION OF AN EXPERTi
Hns. MART 1)naa , Teocfa r Uom tlo Koonomr.
Iowa State Ucirl > r ! tr. aj : " 41r | ilollberato Judgment
it tliat theOTtn of tha Kani * . McomparKlwItu other" ,
i < not onlr more < iu lr ) b ate < l la ! * part-front ui
ell ni rear-but a n mult of Its mperlor Mutilation
thifood rltoedth ln UteM rooolu > d , lillj
Inn a wMor flavor , and n larger proportion of Itanmt
iulcvii. I find , alto , tbkt thaoonmiiuptlon of f unl In tUll
liuoao U uuch IOM tliaa aur ottir lar eomo work ,
MNB FOR IUUIIIATIOei8UIU8i AMD PIICC LIST
EXCELSIOR MAKF'C CO. . STLOUIS.
CHABTZR OAK STOVES and EANOES are
BOLD IK NEBBASKA ai followr.
MILTON ROOKRS& SONS OMMI * .
f. KENNKV , . CokBO-4.
DALLAS & LETSON HASTINGS.
E.C. liREWKR , HAY SmiNOS.
H.AIRD&CO. . N RA KACnv.
W. F. TEMPLE1ON. HBLSOM.
1. B. STUROEVANT & SON , . . .ATKINSON.
J. KASS& CO CIIADWK.
KRAUSE , I.UBKKR & WELCH COLUMBOI.
OLDS UROS .EDCAI.
TANNr.LL&SWEUNEY , FAUBUEV.
GETTLE& FAGER FRAHKUH.
N.J. JOHNSON NORTH KIND.
I. J McCAKKKRTY , . . , O'Ntnt. CITY.
R. UAZLEWOOD , . . , OsCEOtA.
J.S.PyKK.r , t PIATTIMOUTH ,
A. PEARSON ST HUMO.
. GREF.N. ST OMIBU < J ,
iO. . PAUDEN ft8ON. SLP ; IO .
IUMEKMAN &FRAKER. . .
W. L. DOUGLAS
$3 SHOE.
Stylish , DuruMe. Easy Fitting.
Tbe boat (3 Hhoo in tlia World.
W. I. . UOUOLAA
S2.5O SHOE
i > miam | tiio S.1 hliuus 1 auver-
tiaed other
Our
. . . . . .B FnnnoYH ( IVOR great ( MlnfACtlnn. All
tlio above . . inailo In 'utton
-.w Mw. are ilu , CniiKrioi nml IAOO.
nil styl . . . ol ton. Sold i/JOU ( ) . douli'rathouchout tbu
y. H. If jroiirlaMorilof ( not kern tliom , Bond namt
- . . . . J KOIKU.AS. iiriMiktoii.MaH.
' ' llil < coma to
RCU/ADC / RE CDAlin tnjr
DCWHnC Ur rnHUU.knnwIodw Unit noma
un crii | > nli > un ilenlfrii nrn offorliin otlior eotxls ni
inlno , anil when , ikf < l wlijr my ntunip la not on tlio
BhocK , Ktntu thit : I hare cllscuntlnticd IU use. TIIIH
IS I'Af.SK. Titko none rt > i > rciciitrd to lie ilia
"W. I. . l > ouKli8 f > lio.'e. " uiilrn iifliuevurrnni < * a
and iirlco nrn ulinniu'd on liiiltiini tit vuch
uliou. W.I , . DOlKlf.AS , llrovkton , Mnsi.
For sale by Kcllcy , Stigor & Co.cor
Uotlsro and intli-Hta. ; Hinry Savirout
cor. Sewavd anil Saumlors sts.
WoodbridgeBrothers
STATE AGENTS FOU Tllh
Decker Brothers
OMA1IA , NEUUASKA.
DB. OTTERBODBG
Cor. ! 3th & Dodge Sts , Omaha , Nrb ,
CURES AU DiKuoMuiKjLr
Imiiru nw , ( Sdf AhMo ) , Riuw , (
( nioo.1 1-1,1. ,
llnllt. nvall * . ion ) . your c m J n J ( or
c.oi M mi fur full iRformtltoD. Coi uJuUo
* -nn\'y \ t > r by inil I TM ted ( ! oun > l < iiiui.
( Mr. llouri , U I < J II i. Hi. . } W i .ii.l . to I n. n.
SCIENTIFIC
" SHP BrQ
1N80N&D/WIO /