Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Nov. 11, 1887)
THE OMAHA DAILY BEE : FRIDAY , NOVEMBER 11. 1887. ONE MONOPOLY MASTERED. Doclslpn of the Supreme Court In the Mandamus Cnso. HAS THE POWER TO FIX RATES. ttlio Board of Transport Ion May Compel KallroadH to Kcduuo Charges as Scheduled Gen- crnt Ijccsc Sustained. [ rnoM THP. nnr.'s MXCOI.M HUIIRAU. | Tlio supreme court to-day filed tlio follow ing syllabus nnd opinion In tlio mandamus case to determine thu powers of the board of trnnsortatlon. | The opinion was written by Judge Maxwell uiul concurred In by the other judges ! Btuto ex rel. Board of Transportation vs. Fremont , Elkhom t Missouri Valley Hall- roud Company , Mandamus. Demurrer overruled. Opinion by Maxwell , Chief Justice. 1. The attorney'general la the law officer of thu state and required to prosecute- defend any case in the bupremu court In which the Htato la a party , or Interested ; therefore , where a majority of the board of transporta tion of thu Blutu adopted a resolution asking the supreme coutt to continue n case pending liereln against a railroad company to compel such company to con form itH rates and charges to nn order previously made by said board , held thiit. the board hud nuuuthorlty to control the riellon of the attorney general In the manage ment of the case. 2. Where a railroad company demurred teen on alternative writ requiring it to reduce its rates and charges to conform to tin order of thu board of transportation , and denied the jwwer of the board to reduce such rates nnd charges , held that the court would deter mine the question of the power of the board to make the order in question , before enter ing upon an examination of the facts , and therefore would not permit the demurrer to bo withdrawn. 3. The act to regulate railroads nnrt pre vent unjust discriminations , approved March 31 , lbt > 7 , provides that all charges made for Bervices rendered , or to bo rendered , by any railway company in this state , in the trans portation of passengers or property , shall bo reasonable and Just , and every unjust and unreasonable charge for such service Is pro hibited and declared to bo unlawful ; and re quires such railway company to print and Iteep for public Inspection schedules showing the rates and faros and charges which have been established and are in force at the time upon such railroad. Held , that the board of transportation has authority to dot ermine in the first instance what are Just and reason- tiblo charges for the services rendered , or to be rendered , on such railways. 4. The act in question prohibits any preference - once or advantage to any particuhurf person , company , corporation or locality , or any par ticular description of traflle to any prejudice or disadvantage in any respect , and places the general supervision of all railroads within the state , In thu board of transporta tion , and requires It carefully to investigate any complaint made in writing , and under oath , concerning any unjust discrimination iigainat any person , firm , corporation or lo cality , either In rates or facilities furnlshed in order to prevent unjust discriminations against either persons or places. C. The word "locality" mentioned in the statute , means the territory unjustly disorim inatcd against , and may bo a village , city , county , or portion of the state. (1. ( The power to determine what is an un Jiist rate and charge and the extent of the Hamo , and to prevent unjust discrimination , carries witli it the power to decide what is a Just rate and charge , and authorizes the board to llx Just and reasonable rates and charges 7. The ( finding of fact by the board ol transportation In any matter submitted to i under the above statute for determination , 1. ' prima facia evidence of the existence of sue ! facts and of the reasonableness of an order made by said board in pursuance thereof. 8. The net to regulate railroads and prevent vent unjust discriminations , approved March 111 , 1887 , being a remedial statute , is to re ceive a liberal construction to carry into effect the purpose for which It was enacted It. Wlicro the board of transportation hat investigated charges of unjust discrimination ngainst a railroad company , and has found Bucli unjust discrimination to exist , and or dered such railroad company to reduce its rates to conform to a schedule presented by such board , which order the railroad com pany neglected to comply with , mandamus is a proper remedy to enforce such order , and the mention of the district court in the stat ute will not preeludo bringing the action iu the supreme court , where the latter court has original Jurisdiction. Thu State of Nebraska ex rcl. the Hoard of Transportation of the State of Nebraska Vs the Fremont , Elkhorn & Missouri Valley Uatlroad Company. Opinion filed Novem ber 10 , 1SS7. Maxwell , Ch. J. On the 24th day of September , 1837 , the board Of transportation of this state served notice upon the respondent , requiring it to reduce its freight charges 33) < per cent on nil its lines within the state of Nebraska , on or before October 1 , 1SS7 ; a schedule of the charges to bo made as reduced for treight on said line of road within thu state being fur nished to thu respondent. Thu respondent neglected to comply with the order of the board of transportation , nnd on tlio-lth day of October , 18S7 , the board , through the attor ney general of the state , applied for an alter native writ of mamlaiuus to compel the re spondent to comply with said order. The writ was returnable on the Sth of that month , when the respondent , by Us attorney , u | > - peared nnd prayed forndditionnl time in which to plead to tlio writ , which time was granted. The respondent demurred to the complaint nnd also to the alternative writ , nnd thu case was sot for hearing on the 17th day of Octo ber , 1887. On that date the attorney for the respondent nut appearing , and thu attorney general being absent at Washington on busi ness pertaining to his odleo. thu case was passed until his return. On his return the case was set for hearing on the 3Ist day of October , 1837 At that date the attorney for the respondent appeared and tiled a state ment of an alleged compromise with the board of transportation of the state , except the attorney general and also a resolution of naid board except said attorney general , ask ing the court to continue ) the case until the January term. This the attorney general I resists , and Insists that the case shall pro ceed in order that the authority of the board I over the subject matter may bo determined. Tlio first question presented therefore , Is the authority of the attorney general to proceed witli the prosecution of tlio case against n protest of a majority of the board of transportation. Section 1 of article V. , chapter 811 of tlio compiled statutes of 1887 provides that : "Tho attorney general shall appear for the state and prosecute and defend - fend all actions mid proceedings , criminal I or civil , in the supreme court iu which thu state shall bo Interested or a party , nnd I shall also , when requested oy thu governor or either brunch of the legislature , appear for the state aud prosecute and defend in any court , or before any oftlcer , any cause or matter , civil or criminal , In which the Btnto may bo n party or interested. " The at torney general is thus the law oftlcor of the state nnd intrusted by law with the manage ment and control of all cases in which the sUite Is a party or interested. The majority of the state board of transpartation , there fore , cannot control his action In the prem ises , and the motion to continue the cause must bo overruled , M2. Upon the overruling of the motion for continuance , the attorney for the respondent asked leave to withdraw the demurrer uiul for time In which to prepare and file an an swer. This , however , cannot bo permitted. The respondent denies thu authority of the tate board to regulate mid control tha rates of freight upon its lines of railway. The question of power is fully raised by the de murrer , nnd should bo decided before enter ing upon the consideration of questions of fact. It is important too , that if tmch power should bo found to exist , that the question bo determined so that parties aggrieved may apply to the board for relief. The motion for lenvo to withdraw the demurrer and file nn answer Is therefore overruled. If , how ever , the court should decide that the board of transportation has the power to regulate rates ni contended for In the petition and alternative writ , the demurrer will be over ruled and uHn | proper application the defend- nut will have leave to answer. 2. It Is a matter of publlo history of the state , tlmt for n number of years prioi to the Slst day of March , 1SS7 , it was generally claimed that some or all of the railroads of the state bnd granted secret rebates to favorite shippers over thcli lines ; that the efftvt of suca rcbnU * waste rhargo a party not thua fuvorcd , a largei iwm for the mo. service than wan charged to the favorite shipper , that equal facilities , In many edse * were not funil hed to all who desired to ship either goods , grain mid stock , nnd business , as fur as possible , WAS thrown inVj the hands of favorite parties. It was nlso claimed that certain prominent compet ing points in the state which hud paid largo sums ns donations U > soouro competing1 lines had actually been discriminated against by the Increase In rates , nnd that charges gen erally throughout the state wcro much higher tlinn those of other states having the same amount of business. Other wrongs were claimed , which need not bo noticed here. To correct these wrongs , the legislature nt its last session , passed "A not to regulnto rail roads , prevent unjust discrimination , provide for n board of transportation , nnd define Its duties , and repeal articles 5 and 8 of chapter 72 , entitled "Itailronds , " of the revised statutes - utos , nnd all acts and parts of acts In conflict therewith. Compiled statutes of 15 7 , pp. BiVl-570. The first section of the act provides that It shall apply J.o any common carrier or carriers engaged In the transportation of pas sengers or property by railroad under a com mon control , management or arrangement for continuous cartage or shipment from any point In the state of Nebraska , to any other | K > lnt In said state , and requires that nil charges mudo for any service rendered or to bo rendered in the transportation of passen gers or property shall bo reasonable nnd Just , and prohibits unjust nnd unreasonable charges and declares them to bo unlawful. The second section declares that no common carrier subject to the provisions of the act shall directly or indirectly by special rate , rebate , drawback or other device , charge , de mand , collect or receive from any person or persons , a greater compensation for any ser vice rendered or to bo rendered in the trans portation of passengers or property , than It charges , demands , collects , or receive from any other person or persons for doing for him or them a llko and contempo raneous service In the transportation of n llko kind of tratllo under substantially simi lar circumstances nnd conditions , The third section declares it to bo unlawful for any such common carrier to glvo any preference or ad vantage to nn.v particular person , company , ilrm , corporation or locality , or ( on ) any par ticular description of trafllo In any respect whatever , or to subject any personcompany , Ilrm , corporation or locality or any particular description of trafllc to any prejudice or dis advantage in any respect whatsoever , and also declares that a railway connecting with other lines shall not discriminate In their rates and charges between such connecting lines. Tlio llfth section prohibits the pool ing of earnings of railways. The sixth sec tion requires such railways to print and keep for public inspection schedules showing the rates und fares and charges "for the trans portation of passengers and property which any common carrier has estab lished nnd which are In force nt the time upon its railroad , as defined by the first section ot this act. The schedules printed ns aforesaid by any such common carriers shall plainly state the places upon its railroad between which property nnd pas sengers will be curried , and shall contain the classification of freight in force upon such railroad , and shall also state separately the terminal charges nnd any rules or regula tions which'in any wise change , affect or de termine any part of the aggregate of such aforesaid rates and fares and charges. Such schedules shall bo printed in large typo , of at least the size of ordinary pica , ami copies for the use of the public shall bo kept in every depot or station upon any such rail road , such places and in such form that they may bo conveniently inspected. No advance shall bo made in the rates , fares und charges which have been established nnd published ns aforesaid by any common carrier , in com pliance with the requirements of this section , except after ten days' public notice , which shall plainly state the changes proposed to bo uiadu in the schedule then in force -and the time made in the schedule then in force , nnd time when the increased rates , fares or charges will go into effect ; and the pro posed changes shall bo shown by printing new schedules , or shall bo plainly indicated uiHjn the schedules then in force at the time nnd kept for public inspection. Reduction In such public rates , fares or charges may bo made without previous public notice ; but whenever any such reduction is made , notice of the same shall be publicly posted , and the changes made shall immediately be made public by printing new schedules , or shall im mediately bo plainly indicated upon th schedule at the time in force and kept for public inspection ; and when any such com mon carrier shall have established and pub lished its rates , fares and charges , in compl ! anco with the provisions of this section , II shall bo unlawful for such common carrier to charge , demand , collect , or receive from any person , or persons a greater compensation for the transportation of passengers 01 property , or lor any services in connectioi therewith than Is specified in such publl schedule of rates , fares and charges as ma ; at the time bo in forco. It is contended by the attorneys for the re spondent that without a charge actually made in reference to some specific freight , and ngainst some particular person , the stat ute is not and cannot be violated' , nnd it 1 said , page 0 of the respondent's brief : "j charge cannot bo made when there is n property transported , nnd when there is n. inn-son for whom such property has been o : is to bo transported. There must be both specific person and specific property , nnd t charge must bo made for such specific prop erty nnd against such specific person , nnd 1' must bo for such service rendered or to b rendered. " The respondent's attorneys seem to ignon tho.romcdy given by the statute , nnd place the claim for relief entirely upon the ground that thorn must be a charge actually made for services rendered before the question of the unlawful charges can bo determined. The statute , however , requires the railway company to establish nnd publish its rates , fares and charges before sendering the ser vico. Suppose A , residing at Columbus , or other point in the state , wishes to ship goods to Omaha or Lincoln , but deems thu charges excessive , the statute gives him the right to complain of suoh charges ns being excessive nnd ask that they shall l o fixed at such sum as shall be reasonable and Just us provided in the llrst nnd sixth sections of the act. The first section declares that every unjust nnd unreasonable charge is prohibited and de clared to bo unlawful. The board of trans portation , therefore , Is clothed with power to determine what is a Just and reasonable charge on nil the lines of railway within tlio state , mid this may bo done in advance of the rendition of the service. . 4. The seventh section requires the rail way company to file with the board copies of Its schedules of rates , fares and charges which Imvu been established and published In compliance with the statute , and promptly to notify said board of all changes made in the same , and also to file with said board copies of nil contracts , agreements or ar- rungompnts with other common car riers in relation to any traffic af fected by the provisions of this act to which It may bo n party , and in cases where passengers and freight pass over con- tiuiousj. Hues or routes operated by more than one common currier , aud the several common carriers operating such lines or routes establish Joint Inrilts of rates or fares or charges for such continuous Hues or routes , copies of such Joint tarilt shall also in like manner bo filed with snid board. Such continuous lines shall publish the Joint rates fares and charges thereon when so directed by the board and may bo compelled to publish the samu If on such request they neglect or refuse to do so. The eighth section makes it unlawful for such common carrier to enter into any combination , contract , or agreement , express or implied , to prevent by change of time schedule , carriage In different cars or by other means or devices the carriage of freight being continuous from thu plaro of shipment to the plaeo of destination. The ninth sec tion authorized a recovery ngainst any such carrier as shall do , cause to bo. done , or per mit to bo done , any act , matter or thinin ; this net prohibited or declared to bo unlawful , or ahull omit to do any act , matter or thing Jn this nut required to bo dono. The tenth section pro vides the procedure of any person claiming to bo damaged. The twelfth section authorizes the board to Inquire Into thu management of all common carriers , subject to the provis ions of the act , and shall keep itself Informed at to the manner and method in which the sumo Is conducted , nnd shall have thu right to obtain from such common carriers full and complete information necessary to enable the board to perform the duties and cnrry out the object for which It WHS createdand it is clothed with power to require thouttcndnnco and tes timony of witnesses and thu production of books , papers , tariffs , contracts agreements ami documents relating to any matter under Investigation , apd it may Invoke the aid of either the district or Iffivlt.v court to require the production oj/tho re- quired witnesses or documents. Tho. thlr- teenth section provides that any person , ilrm , corporation or association , or any mercantile , agricultural or manufactur ing society , or any politic or municipal com- . , LfciSU1'1' li. plaining of anything done or omitted to bo done , by nny common carrjcr subject to the provisions of this net , Iu contravention of the provisions thereof , may apply to said board by petition , which shall briefly slnto the facts ; whereupon n statement of tha charges thus mndo shall bo forwarded by the board to such common carrier who shall bo called U | > on to satisfy tho. complaint or to answer the sonic In writing within n reasonable tluio , to bo gporllled by the board. If fliieli com mon carrier within the time speclllod , shall tnnko reparation for the Injury alleged to have been done , said carrier shall bo relieved of liability to the complainant only for the particular violation of law thus complained of. If such carrier shall not satisfy the com plaint within the tlnio specified , or thi-ro shall appear to bo nny remonnblo ground for Investigating ald complaint , it tthall bo the duty of the board to investigate the matters complained of In such n manner and by such means ns it shall deem proper. No com plaint shall nt any time bo dismissed because of absence of direct dauia o to the com plainant. " Tlmt is railroads being publlo ways nnd publect to legislative control , nny violation of the statute by them Is n matter of publlo right to procure the enforcement of n publlo duty , and It Is sufficient for the complainant to show that ho is n citizen , and as such , is interested In the execution of the laws. State v Shropshire , 4 Nob. , 418-14 ; Hull v The People , ex rel. C" 111. , 313 ; State ex rcl. v.Judge. 7 Iowa , 203 ; Hamilton v State , 3 Ind. , 45S ; The people v Hslsoy , . ' 17 X. Y. , 3W ; The State v Stearns , 11 Nob. , 100. The fourteenth section requires the board to make a report In writing In respect to any Investigation which they have made , which shall include the llndings of fact , together with a recommendation as to what repara tion , if any , can bo made by the common car rier to the party injured , und such findings shall be deemed prlum fucio evidence of every such fact found. The llfteenth section declares that If it bo made to appear to the satisfaction of thu board , either by the testimony of witnesses or other evidence , that anything has been done , or permitted to bo done iu violation of. the provisions of this not , or any law cogniz able by said board , by any common carrier , or that injury or damage has been sustained by the party or parties , complaining or by other parties aggrieved In consequence of any such violation , it shall bo the duty of the board to forthwith cause n copy of its report in respect thereto to be delivered to.suchcom- mon currier , together with u notice to such common carrier to cease and desist from suoh violation , or to make reparation for its in jury so found to have been done , or both , within a reasonable time to be speciilcd by the board. The sixteenth section declares that "If such railway companies shall violate , or refuse , or icglect to obey any lawful requirement of lie board in thh act named , it shall be tlio duty of the board , and lawful for any com- iany or person Interested In such order or ro- uiromcnt , to apply in a summary way by ictitlon filed in the Judicial district in which ho common carrier complained of has its > rincipal ofllco , or In the district in which ho violation or disobedience or such order of equiromonts shall happen , alleging such vie ution or disobedience , as tlio case may bo , ind the said court shall have jwwer to hear and determine the matter on such short notice to llio common carrier complained of ns the court shall doom reasonable , und said jourt shall proceed to hear and determine : ho matter speedily ns n court of equity , but n such manner as to do Justice in the pre mises ; and to this end the court shall have , if ; t think fit , to direct and prosecute in such mode and by such person as it may appoint ; and such inquiries ns ho court may think needful to enable it to orm n Just judgment In thu matter of such petition ; nnd on such hearing tlio report of said board shall bo prima facie evidence of iho matters therein stated ; and if it bo made to appear to such court on such hearing , oren on report of auy such person or persons that the lawful order or requirement of said board drawn in question has been violated or ilisobeyod , it shall be lawful for such court to kiuo a writ of injunction or other proper pro cess , mandatory or otherwise , to restrain suoh n common carrier from further con tinuing such violation or disobedience of said board , and enjoining obedience to the same ; and in case of any disobedience of any such writ of injunction or other proper pro cess , mandatory or otherwise , it shall bo law ful for such court to issue writs of attach ment or nny other process of said court In cidcnt or applicable to writs of injunction or other proper process , mandatory or other wise , against such common carrier , and if a coriHiration , against one or more of tlio directors , officers or agents of tlio same , or against any owner , lessee , trustee receiver or any person failing to obey such writ of injunction , or other proper process , mandatory or otherwise ; and said court inayv If it shall think tit , make an order directing such common carrier , or other person so dis obeying such writ of injunction , or other proper process mandatory or otherwihe , to pay such sum of inonoy not exceeding for such carrier or person iu default , the sum of f.MK ) for every day after n day to be named in the order that such carrier or other person shall fall to obey such Injunction , or other proper process mandatory or otherwise. " The mention of the district court in the nbovo section does not preclude the supromi court from hearing any cuso in which it 1m : original jurisdiction. Section 17 provides that "S.iid board slial have the general supervision of all the rail roads operated by steam in the state , and shall inquire into any neglect of duty or violation lation of any of the laws of this state by rail road corporations doing business in this state , or by any officer , agent or employee of any railroad corporation doing busi ness in this state ; and shall from time to tlmo carefully examine and inspect the condition of each railroad in this state and its equipment and manner of the conduct nnd management of the same , with reference to the public safety , interest ami convenience. H shall carefully investigate any complaint made In writing , and under oath , concerning any lack of facilities or accommodations fur nished by nny railroad corporation doing business in this state for the comfort , con venience nnd accommodation of individuals nnd the public ; or any unjust discrimination against either any person , firm or corpora tion or locality , either in rates , facilities furnished or otherwise ; and whenever , In the Judgment of said board , nny repairs are necessary upon nny portion of the road or upon any stations , depots , station houses or warehouses , or upon any of the rolling stock of any railroad doing business in this state , or additions to , or any changiM in Its rolling stock , stations , dc ( > ots , station houses or warehouses are nec essary in order to secure the safety , comfort , accommodation and convenience of the public and individuals , or nny change in the mode of conducting its business or operating its road Is reasonable and oxiR-dient in order to promote the security and accom modation of the public , or in order to pre vent unjust discriminations against either persons or places ; it ahull maku n finding of the facts nnd an order requiring said railroad corporation to make such repairs , improve ments or addition to its rolling stock , road , stations , depots , or warehouses , or to make such changes cither in thu manner of con ducting its business or in the manner of operating its road ns such board shall deem proper , reasonable and expedient. " It will thus bo seen that the board is clothed with the "general supervision of all railroads operated by steam in the stato" * * * and it is made its duty to "carefully Investigate any complaint in writing , nnd under oath concerning * * * any unjust discrimination against cither any person , Ilrm or corporation or locality , either in rates , faculties furnished or otherwise * * * In order to prevent unjust dis crimination against either persons or places ; it shall make a lluding of the facts and an order requiring said rail road corporation * * to mukosuchchanges * * * in the manner of conducting Its busi ness as such board shall decree proper , rea sonable and expedient. Webster deiincs the word "supervision" to bo , "The act of overseeing ; insixjctlon ; supor- intendcnco , " The board , therefore , is clothed with the power of overseeing , inspecting nnd superintending thu railways within the state , for the purpose of carrying into effect the provisions of this act ; and they are clothed with power to prevent unjust discriminations against clthor persons or places. The attorneys for the respondent contend that the act is to receive a strict construction. No satisfactory reason , however , was given for thu adoption of such rulo. The act is remedial in its nature nnd Is designed to prevent - vent nnd punish abuses in the mnnugeuient of some , or all , of the railways of the stnto , nnd in construing remedial statutes thcro nro three points to bo considered. viz. : the old law , the mlsphlef , and thu remedy ; that Is , how the law stood at thu making of the net , what the inls- chlof was for which the former law did not provide , nnd what remedy the legislature has provided to euro this mischief ; and it is the business of courts so to construe the act as to suppress the mischief nnA ndvilnco ttoo roni- ody. 1 Dl. Coin. , 87 ; ICogcrs va Omaha Hotel company , 4 Nob. , 63. Here Is an aot which declares that nil charges shall bo Just and reasonable , prohib its and declares unlawful nil unjust and unreasonable - reasonable charge * ; which requires sched ules of such Just nud rrnsonnblo charges to bo postbd for the use of the publlo , and pro hibits nn ndvnnco in rates except U | > ou cor- tnln conditions ; which prohibits any prefer ence in favor of , or ngainst , any person or place ; which requires the bouru to Investi gate nil complaints against nny railway cor poration doing business in the stnto , nnd gives said board i > owcr to call for persons nnd papers In order that their Investigations maybe bo thorough , and the report thereof based upon facts , nnd nlso makes their finding of fact prima fnolo evidence thereof , nnd re quires said board to investigate nnd prevent any unjust discrimination , against either any person , coriwra- tlon or locality. These are broad powers. They nro not to bo restricted. Such lowers were conferred for the express and declared purpose of fixing charges which shall bo rea sonable nnd Just , nnd prohibiting unjust and unreasonable charges , nnd unjust discrimina tion. The court has no authority to limit the board in any respect in that regard. Such board Is to determine , In the llrst Instance , nt least , what nro reasonable und Just charges , what unreasonable und unjust ; nnd when any person , firm , corporation or locality Is un justly discriminated ngainst. There can bo no restriction of the word "locality. " It muy refur to a village , city , county , or portion of the state , the meaning in each Hcaso to bo de termined by the territory which the bonrd to bo unjustly discriminated ngainst ; nnd if thcro is discrimination against any person , Ilrm or corporation , it is the duty of the board so to find , nnd to roquirothe railway company to cense its discrimination. To do so such board has the authority to require such rail way company to reduce its rates to n reasonable and Just standard. The power to ilx a seasonable and Just rate is clearly con ferred on the board , us also the power to de termine what rates are unjust and unreason able. It is the duty of the board to prevent unjust discrimination iu nil the forms men tioned in the statute , und to do so It may de termine what Is u proper charge to nnd from any points within the state , und Its order in that regard , based on its lluding of facts , will bo prime fade evidence of the correctness of the order. In the ease under consideration the bonrd found that the rates and charges of the re spondent were excessive , in other words , liat tliero was unjust discrimination against hat part of the state , and having so found , he board is clothed with ample power to re- liiiro such railway company to reduce its ales and charges. The power of the board , .herefore , to establish and regulate rates nnd barges upon railways within the stuto of S'cbraska , is full , ample and complete. 5. Some objection is made to the remedy i.V mandamus , and it is said by the attor- icys for the respondent , that the writ may iot issue where there Is a plain .nd adequate remedy in the ordinary ourso of the law ( code , section ( VIO ) ; that , herefore"it may rot issue in this casi > , be- jausc there is a plain and adequate remedy , n the law for enforcing the order of the mard of transportation , It its order is a lawful one , by application to the district ourt in the mode pointed out by the 10th icction of the act of Hh" ; that the proeved- ng under the 10th section Is both plain nnd adequate. "That the legislature did not intend to nuthorizo or permit the enforcing of ail irders of the board by mandamus is clear , from the fact that as to the particular matters nentioned in the 17th section it guru author ity to proceed by mandamus us the only and L'xclnsive remedy for enforcing such orders , nnd as to all other orders , in reference to all it her matters mentioned , in the act , the leg islature provided us the only and exclusive einedy nn application in the Ilrst instance to .ho district court as provided in section 10. "Tho fact that the legislature specifically ; ave the right to proceed by mandamus in ho cases mentioned in the seventeenth see- ion only , nnd provided other specillo nnd adequate remedy for all other cases , leaves no doubt that It was the intention of that iody that mandamus should only bo resorted k > in the cases provided for iu the seven teenth section. " These objections are untenable. They are .hat the district court alone , has Jurisdiction , and not that the rclator has another rcmody besides mandamus. Hut. even if th" objec tions wore lo the form of the remedy , they could not bo sustained. The fuel Unit an ac tion will lie , does not supersede the remedy by mandamus. If the rcmody by un action is not a plain nnd adqualircmody. . a muu- damus may bo issued notwithstanding an no tion would lie. State vs. Stearns , 11 Neb. , 107. Thus while u party aggrieved by some violation of the statute by the respondent might maintain nn action against such re spondent , yet if nuch remedy was not ado- qunto , it would not prevent him from enforc ing his rights by mandamus. The test to bo nppliod in determining the right to relief by mandamus , is to inquire whether the rclator has a clear legal right to such writ nnd whether ho has any other adequate legal remedv. 1'eoplo vs Hoad,5.5 , 111. , ! ) - ! . " > ; Pcoplo vn Milliard , 'A 111. , 418. In the casu at bar the relaters show a clear legal right to huvo the order made by them complied with. 1'eoplo vs Mayor , 51 111. , 2S ; People vs Brooklyn , 1 , Wend. , 1118. And this writ may bo applied for in a proper case in the supreme court under any section of the act which authorises the filing of an applica tion in the district court. In many cases the district court is unable to grant adequate re lief , its Jurisdiction being limited to a partic ular county. Thus , suppose' the board of transportation , as in the case under consider ation , should order a railway company to reduce duce its rates and charges on all its lines within the state , a question might , perhaps , arise as to the power of the district court to act on rates \vithout the county in which the notion was brought. So in cases of like character. Hut where the action is insti tuted in the supreme court , no question of that Kind can nriso ; nor can the party bo debarred - barred by any statute of a constitutional right. Tlio supreme court , therefore , has Jurisdiction in the wise and mandamus is the proper remedy. The demurrer , therefore , is .overruled and n peremptory writ will issue within ten days from this date , unions the respondent , within that time , shall present to the court an an swer showing compliance with the nlterna- tlvo writ , or a defense upon tlio facts to the action. Judgement accordingly. The other Judges concur. MOUTUAIIY MATTERS. FnctH About Those AVho Iluve Ie parted This IilTo. JOHN VAfflHS" . The great mortality which has been ex perienced this season by the graders in an about this city , was increased Wednesday bj the death of ono of the contractors , Join Vaughn , who has been u partner of Ei O'Brien in n grading Job on Howard street , near Thirty-sixth. The remains lay in the camp until yesterday when they were in terred in St. Mary's cemetery. The de ceased was fifty years of ngo and resided for merly in Columbus in this state. ALEX. UI'lIAItnON. This gentleman , an old resident of this city , having been hero since 1S ! > 7 , died at his resi dence in North Saunders street , yesterday morning nt 12 ; 45 o'clockHownsslxtythrco years of ago , known to and respected by a largo circle of acquaintances and ono of the oldest members ot the Hricklayer's union o this city. The funeral will take place to day. 7.ACIIAHT THOMAbOV. The remains of Zuclinry Thomnson , the well known und enterprising capitalist of this city , who it will bo remembered died in Kingsville , Mo. , three weeks ago , wore buried in Uoso-Hlll cemetery , .Chicago , yesterday. The body had lain in a Vault awaiting the return from Europe of the two daughters of the deceased , who nt the tlmo of their father's death were trawling for pleasure on the continent. I3oth of these arrived a few days ago and were present at the Interment. M. A. Upton , of this city , a partner of the deceased - ceased , was also present. 8. W. POWEUS. The Kov. C. W. Savldgo took the train for Kearney Wednesday ovonlng to conduct Iho funeral services of Mr. S. W , 1'owcrs , who was killed recently in Montana , Mr. Powers was well known here , nnd w.is for ninny years block agent for the Union Pacific , but at the llmo of his death ho was iu the employ of the St. Paul , Minneapolis & Manitoba railway. Mr. Savldgo returns this morning. United States Court Notes. The case of Isadora Frank against Emma L. Van Etta , for the posslon of a small strip of land , is still in progress before Judge UUndy. liarada , the Indian murderer was to have boon arraigned before the grand jury yester day but owing to the continuance of other Im portant matters , it Is hardly probable that this case will bo considered before next week. Alfred H. DeUong filed n suit yesterday ngnlnst Charles P. Hlnguian in the dis trict court , Mr. UoLoiig alleges that Mr. Ulnpmnn caused his arrest for trespass sometime since , nnd that ho was incarcer ated in the county bastilo for four days , and nf forwards discharged at the trial , Ho fur ther states that the prosecution wns a ma licious one , nnd tlmt no has suffered to the extent of t-10,0000 , for which amount ho usks Judgment. A suit ngnlnst Martin Quick was begun yesterday , the plnlntitts being Sachcsso St Landcmun , the real estuto dealers. They , say that the defendant placed in their hands ninety acres of land to sell for fJS.OOO , nnd they were to hnvo n commission of 13,075 In case they sold It within ono week. Tlioydld sell It to ono Lovcrson. nnd threw off $1,000 of their commission. The defendant refused to comply with the contract , and hence a suit for $ l,07f > and costs. A mandate has been filed from the United States supreme court grunting n now trial Iu the case of Samuel Clinton against the Mis souri Pacific railway. Clinton wants $3,000 from the railroad company for the right of way across property nt Weeping Water. In thu former trial ho was allowed but $ SOO. William E. Lcminon was arraigned before the United States court ycsterd1" ' ohnrged with obtaining registered letters under fnlso pretenses from the postodlco nt fc'alrbury. Ho has plead guilty , nud thojudgo will announce thn penalty this morning. Ho is charged with two different offenses. The amounts secured - cured each tlmo wore small. STHUCIC I1Y A HATCH 1ST. A Poilesli'lnn Narrowly Escnpcw Death at Thirteenth und l-'uriiain Streets. Yesterday morning it dangerous accident happened on Farnnm street In front oft he IIUAV building of the Merchant's National bank. On the roof several hands were at work , drilling Iron beams nnd otherwise fitting the iron rafters , when n heavy ratchet , with which the work was being done , slipped from one of the workmen and fell down the In clined fire-proof covering and then to the walk below , striking a passer-by named A. J. Humberd , on the right side of the head. Tin ! scalp was cut in two places , in ono of which the Incision was three aud one-half inches and In the other onu inch in length , aud , the man was felled to the ground and bled freely. He was latter carried to Dr. Hard- gan's ofllce , corner of Douglas und Thir teenth streets where his injuries wore at tended. The doctor suld thcro was no exter nal fracture of the skull , and If nn inner 0110 had been made , it would not bo developed for several-days. The doctor took the Injured man to his residence in the Amscow building northwest corner of Fourteenth and Leaven- worth streets. Humbord Is n recent arrival nnd had come hero from Iowa to work for u paving eompimy. "How Gun She Kvcr hove Him ? " is wlmt you often hear said \yhcn the prospective groom is the victim of catnrrh. "How can she bear such a brcilh.V" : "How resolve to link her des tiny with that of ono with a disease , that unless arrested , will end in con sumption or perhaps insanity'/ " Let the husband that is , or is to bo , get Dr. Sage's Catarrh Remedy , and cure him self before it is too late. By druggists. Henl Kstato Transfers. Minerva Johnson to School District of Omaha , commencing at a point where the north and south quarter section lim ; in sec 30 , 15 , 13 crosses the county road running thence south on the said quarter section Hue , 4 chains and 30 links to the.ecn- U > r of said county road thence n 8. > dcg 40 inin w to place of beginning , qc t 1,000 H Jackson and wife to Owen Ifor , lot 24 blk ( > Maynes add , w d 040 Nelson J Edholm et al to Mary Kock- bud , lot Hi blk G Morse & Uruuner's add , wd 300 Morris Morrison and wife to Mary Ann Phelps , s 'J ft of n 29 ft of wi \ of lot 20 elk 15 Improvement associa tion , w d 500 William Latey und wife to William V Uensou , und ) f of e 0 ft 3 inch of lot 5 and w 25 ft of lot 4 blk 3 Foster's add , wd 4,000 tobcrt ICcrr ( single ) to Joseph W Hishop , lot 2 Flack's sub , w d 3,450 Harry H Miller ( single ) to Joseph W Hishop , lot 2 * blk 2 Hlmobaugh & Patterson's sub , w d 050 John F Toft and wife to Joseph W lllshop , lot H blk 2 Pruyn's bub , wd 300 Francis D Cooper and wife to Joseph W Hishop , lot 27 blk 1 Hakcr place , w d COO Larmon P Pruyn and wlfo to Joseph W liiseop , lots 4 nnd 5 blk 2 and lot 8 blk 3 Pruyn's park w d 1,050 David D Smeaton and wife to Win Vauglmn , Jr. , lots 10 , 11 , 12 and 13 blk 2 Uurlington Center ad w d 2,600 Edwin S Kood und wife to William F Martin , lots 1 und 2 blk 10 Albright's Annex w d 230 F E & M V It H to Fannie Croft et al , com on the north line of tax lot i l iu the no \ ± of the sw tf soctiou 3 , 15 , 13 o ut a po'mt'Jl feet east of the west line of of the right of way strip on said railroad , thence running so to thu south linoof said lot 23 ut a point ! ! ( ) feet cast to the s.ud west line of thu said right of way , thence nw tote to thu north line of md lot 23 at a point " 1 feet west of the place of be ginning , thence cast to place of be ginning q u A C Troup to Eben 1C Long , lots 19 and 22 A KounUo's ad w d and guar dian's deed Annie G Long et nl to Ebon 1C Long , lot 23 A Kountze's ad q c 1 Union Pacific Hy to Jos F Sheoley et al , 11-10 acres in the noi \ of the so jr section 23 , 15 , 13 Helen C Itapp ( single ) to Louis Brad ford , in trust , lot U blk 15 Walnut Hill Wd 1 Curly A Hultgrcn and wife to John D Damclson , lots 7 'and 8 blk 4 McCor- mick's 3d nd q c 800 E H Chandler to Alex A Campbell , lot 12 , blk fi , Melrose Hill , w d $ 450 Goo Muldoon und wife to American Waterworks company , lot 7 , blk 75 , city of Florence , w d 250 Fremont N Jnyncs and wlfo to Elma L Jaynes , blks 1 and 2 , lots 1 to 7 and 111 to 24 in blk 3 , blk 4 , lots 20 to2t in blk 5 , North Omaha , wd 30,000 James M Wheeler and wife to Edwin A Leavcnworth , west > J of lot 5 , and the east V ? of lot (1 ( , Kountzo's2dadd , wd 7,200 Gilbert M Hitchcock and wife to Dan- niel T Hillcr , lot 1) ) , blk S , Hitchcock's 1st add , w d 400 W L Selby and wifcto Peter Ueinhart , bouth SI ft of lots U and 12 , blk 0 , Lowo's 1st add , w d 033 Houben II Pickard and wife to Glaus Matthies , south % of noi of the so fcfof see SJ-15-18 e , wd 1,000 Datthas Jotter and wlfo to Jacob Ken- dls ct al , lot 3 , blk 1 , Jotter's 1st add , wd 200 Edwin S Hood and wife to H Spiglo , lot 15 blk 8 , Albright's annex , w d. . 100 Edwin S Hood and wlfo to A LewLs ot nl , lot 3 blk 10 and lot 23 blk 11 , Al bright's annex , wd 213 David M Stuart nnd wife to George G Hobble , lots 3 9 7 and 20 blk 1 and lot 25 blk 2 , South Exchange place add , q o 1 Charles P Shnmonds nnd wife to John S Carmlchnel. lot 1 blk7 , Pratt's sub , wd C.OOO Catharlua Rursik and husband toICato Ball , s no ft of lot 8 , Uarkor'u allot ment , w d 300 Robert G King and wife to John A Pearson , lots 3 and i blk 1 , Pruyn's sub , wd 400 Total sales W3.T21 In making the assertion thatPozzoni's medicated complexion powder is entirely free from injurious or deadly poisons wo do it upon the authority of a thorough chemical analysis. It Is ono of the old est face powders in the American market , and is used in the families of some of our most prominent medical mon who have personally acknowledged to the proprietor that they not only considered It harmless , but esteemed It highly beneficial in every respect. Sold by all druggists. SOUTH OMAHA NI3WS. The IIOJT market advanced 15 cents yes- lerday. John Timmons , of Sioux City , la. , was In the city yesterday. The now depot will bo ready for occupancy byTuosdny next. George Uackley , of North Plntte , Is In the city on n business trip. A switch engine in the H. ft M. yards blow out n cylludor head last alght. Ono case of disturbing the peace occupied the attention of Judge Kouthor yesterday The party was sentenced'to flvo days Iu the city Jail. During the pa.it thirty dnys two nnd ono half mites of slxteen-tneh water main has been laid within thu corporate limits of the city and the work is only fairly begun. The eastern addition to the stockyards Is ncaring completion and will bo finished In about four weeks , The need of grcatorspaco In the yards is dally becoming more apparent. Henry Glrnrd , n bookkeeper In the whole sale house of Tootle , llannu & Co. , of Kansas City , passed through South Omaha yesterday on his way homo from n trip to Choyi' CUDC. Mrs. S. M. Clarke , of Kansas City , Mo. , Is In the city looking for a location for n milli nery establishment. She will doubtless pur- cliaso a plcco of property nnd erect a building of her own , Mrs. Wm. D.trada , who for some tlmo has been ill has nearly recovered nud on Satur day evening will leave with her mother for St. Joseph , Mo. , where she will remain a month or two. David Anderson returned from Columbus yesterday with a car load of hogs and n car of oats. Mr. Anderson's present rest- dcnco Is nt Columbus , but ho will In a short time remove to this city. Mr. T. J. IJitner , of Washington. D. C. , Is in the city und Is making some largo pur chases of building lots In various portions of the city upon which ho intends erecting n number of tenement houses. As has been stated there Is great demand In South Omaha for mechanics , nnd the field Is enlarging each day. Hricklayer.s and car penters nre very scarce and fifty of each of those classes could readily 11ml employment. The fact that South Omaha Is progressing Is demonstrated by thu statement made by an Omaha real estate firm who have n branch ofllce In this city to the effect that out of 103 building lots placed on their books during the hitter part of September but eight aru left. South Omaha needs a first class hotel for the accommodation of the many visitors who arocoiistantlyarrlvlng. Thosodoingbusiness at present are nearly always filled to their utmost capacity which causes n majority of the purties mentioned to stop in Omaha when were accommodations to bo had in this city they would remain hero. The result of the recent census has been out to the governor nnd his action regarding lie issuing of a cortillcato declaring South Omaha u city of the seventh class , With a opulution of 5,000 and upwards , is awaited vith much concern. As soon us this action s taken by the governor a special election , at vlilcli a proposition to issue bonds for publlo mprovcmcnts will bo submitted , will bo rdorcd by the council. The lake lying between the Exchange lUildlng nnd the railroad yards will bo rained ns soon as the connection with the owcr running southward through the [ rounds of the Swift Packing company is ompletcd. This will bo accomplished by the utter part of next week. When the lake is [ rained N street will bo extended from .Vonty-sevcnth street to the new loulcvard. The property holders will then 111 their portion of the ground now covered. Thcro is n great demand nt present for ) Hek which the local dealers nro unable to iupply. There are now at least twenty par ies in the city who would erect buildings im- nodiately could n supply of brick bo ob- ainod. Nearly nil the yards have shut down for the winter , and the brick now being mi-nod are all sold. Unless measures nro nkon to import material operations iu the building line will bo greatly dolayed. The owner of the yard at Twenty-fourth nnd J streets proposes to purchase a machine vhicli can be kept in operation all winter , i'hls yard , together with the one two miles i-ast of the city , will Just about supply the Icmand for matcriul.for foundations during the winter season. AVIicn YourNcrvi-H Bother You , nvigorate them. When your night's oposo is unsound or unrcfreshing. your _ ippetito jaded or capricious , when slight noises cause you to start , and annoy ances of slight moment abnormally worry you , know three things , viz : 1st , That your nerves are week ; 2d , that you need a tonic ; 3d , that its name is Hoatetter's Stomach Bitters , the promptest , safest , and most popular ar ticle of its class. The nerves are susceptible coptiblo of invigoration only by promot ing nn increiirteof vigor in tlio processes ; if digestion and invigoration. Narcot- 'CB and sedatives have their utility , but n the main , nnd if their use bo con tinued , they are unsafe. A wineglass of the Bitters before retiring , and a repe tition of the same during the day before or after meals , is far more likely to con fer health-yielding sleep than repeated doses of an opiate. Dyspepsia , debility , inactivity of the kidneys and bladder , fever and ague , and other malarial com plaints , arc always dominated and sub dued by it. THE DOUGLAS HTHKET BIU11GE. To Be Completed mill Heady fbrTrnvcI by tlio First ol' Slay. The now Douglas street bridge across the Missouri river is to bo ready for travel by tlio llrst of May next. In the event of n failure on the part of the coutractors to complete the work , they will forfeit nearly a half million dollars. Of this , however , they claim thcro is no possible likelihood. They uro perfectly cogni/unt of thu magnitude of the Job on hand , nnd will govern themselves accordingly. A largo force of skilled workmen have been engaged for each department of construction and iho requirements of each hnvo been mapped out and detailed with thu precision of clock work. The progress BO far has even exceeded that which would bo required to finish the entire contract within thu pro scribed time , and the contractors say by the lust of April the great spaa will have been completed entire. Dearth of HiiHlnosH at the Station. The grind nt the pollco court yesterday was small und uninteresting. Ten drunks were disposed of , two , Frank Carnoy and William Mosten , by small fines , nnd the others dismissed. Tlio case of J. J. Ltorker , charged with threatening to kill a book agent , W. P. O'Neil , was continued until , this nftornoon. CREAM Its superior excellence proven in in llllons of homes for more than a quarter of u century. It Is used by the United States Government. En dorsed by the headi of the grout universities , ni the KtronRost , I'urout nnd Most Healthful. Dr. I'ric.o's the only linking i'owdor that dots not contain Ammonia. Mine or Alum , Bold only In cnns. I'IUCK UAKINU 1'uwuKitCo. , New Vork , Chicago , St. Louis. The Methods Confldonco Mon Uae to Ensnnro th6 Unwary. How the UiiMiapcotltijf Knrlnor li Tn > ken In Good Hollil llnnkcr * OH on t The Experience ul'Jtiu of Otimtin. Divr after day the dally pntmr * chronlclo thn fnct that some unsnipootlmr f.irnior ! ms again been swindled by thu nmooth ntid sleek cotill- delicti man. Suvernl ( biys nuowo published an account of n mlnhtorul looking chup with re commendations , presumably forged , from the mstor of thii I'rcahytortnn church , of Jliullson , Nob. He wiia tnken In by the mtnUtrr to whom tlio letter of Introduction was mldre. < sod and went so fur ns to occupy hla pulpit for him "hen ho jironrlu'd n maiiullleont Bormon mill Impressed every one with his learning mid knowledgd of jncred history. Jn it few days h munaKed to swindle thu principal bank ot th < city out offUM ) , UflngR forKPd'dnitt for < n. ( i to accomplish his onds.Day after dny the same Btory U repented , aud It * oe.ma that people will never learn. John Swunbiirg , of Silver City , lown , n young man employed to nrM.st on tlio fnrm by Mr. J. Ii. Me.Nuy , Of that place , came to Omaha some time ago oxpoctlnu to bo nwln died , but hud u very agreeable disappointment , no snyi "l-'or a longtime I have bom suffering with catarrh. > ly hend wns continually nchlii t 1 would have almost iinbeurablo pains In my bonds my throat was soic , 1 could soarcvly swallow. 1 would Imwk nnd spit , had a con- slant tickling In the bnrk of my thio.it. I fo'.t FO miserable that could wormy go about my duties on thu Turin. I road thu ndvoitUoment of Drs. McCoy mid Henry , nnd concluded to make u call on them , but with very llttlo hope 1 can a stiro you , for I had taken un enormous nmount of iintent tnodlclniM , and wna nliout discouraged , but I wn-f very nureenbly dlsiip. poluti d , for I had not been under their treat ment but n eck or two until I wns fooling very much better , and today 1 nm feeling better thuu J finvo Corn longtime. " Mil. JOHN BWANI1UIIO , resides with Mr. J. ! . McNuy. nt Silver City , Iowa , and will corroborate I ho above to nnyoni who will address or call on him , The following statement regarding Drs. Mc Coy nnd Henry Is made upon good authority : ' timer these rmintnt ji/ii/ifctifut / have bten in tne ec t , they havt twitca anil cured tivor ttx t/iou.i- nd cnscs nf coMrrh nmi cluiinle tlinxitantl lung .run/lien / , ami ( > / OHM cnf * W lr cent had been declared and pronouiimi incurable. " CATARRH DESCRIBED. Ti > o Symptoms Attending that Dlicnio Which LinailH to Consumption. When cntnrrh 1ms existed in the heart nnd the upper part of the throat for any loimth of time the patient living In a district wlioro pnoplo , ro .subject to ciitarrhul ullVrtlon anil thu dts- H80 has boon luft uncnrcil , the catarrh invurl- ilily , sometimes slowly , extends down the wind- ilpo und Into tin-lironcliliil tubes , which tubes ouveytho nir Into the dtlforont parts of thu lungs. Tlio tulios become affect od from the welling nnd thu mucous arising from catarrh , mil. In Nome Institutes , become plugged up , so hat tlio air cannot got in as freely as It should. Shortness of hrcntu follows , and tha patient ijreiithea with labor niul ( Ulllculty. In cither rase theru Is a .sound of crackling mrt wheezing Inside the chest. At this singe of ho illxousn the breathing Is usually more rapid .linn when In health. The patient hua also not ; la.sht's over his body. Th pain whlrh accompanies this condition Is of n dull chiirunter. foil In the client , behind the breast bono or under the shoulder blade. The mln may come and go lust a few duys anil lion bo absent for suvcrul others. The rough : hnt occurx In thn llr t Hinges of bronchial c - inrrh Is dryoimes an ntlntervnlii , hacking In rlmrncter , nnd Is usually most troublosomu In tlio morning on rising , or going to bed nt night , nud It limy bo In the llrst evidence of thu disenso xtundlng into the lungs. Sometimes there are ( Its of coughing induced > y the tough mucus so violent us to cause vom iting. Later ( iu tlio mucus that la rained Is found to contain small particles of yellow mat- "or , which Indicates that the small lubes In the miK.s are now directed. With this there ore of- en streaks nt blood mixed with tlio iiiucux. In ( oiiio cases the patient becomes very pule , boa rover , and expectorates before any cough ap- pcurs. In some cases small masses of cheesy nub- htancii nre spit upwhich , when pressed between ho lingers , emit a bad odor. In other cased pur- .teles of n hard , chalky imturo are spit up. Tha raising of elieesy or cnitlkr lumps Indicates se- lousmlschletHt work In the lungs. in some cnscs catarrh will extend into the ungs in a few weeks ; In other cases It nuiy bo nonths , and even years , before the dlteasoat- ncks the lungs sutliclcntly to cause serious In- .erreroneo with the general health. When the disease bus dcvclopuil to such u point the pa- Lieut Is Raid lo huvo cuturrlml consumption. With bronchial catarrh there In more or Insl fever which dllTuM with the different purts of the day-slight in the morning , higher ih the afternoon und evening. SNEEZINGjpATARRH. What It Menus , How It Acts , nnd What It ! . You sneeze when you get up In the morning you try to sncozo your nose olt every time you uro exposed to the leu-it drnf tot air. You Imvo a fullness over the front of tlio forehead , and thu no.so feels us If there was a plug In each nos tril , which you cannot dislodge. You blow your nosii until your eur.s crack , but it don't do nny good , and the only result Is that you succeed In getting up a very reiio.so. nnd you so IrrUute the lining memhrunu of Unit organ that you are unable to brcutlio through It nt all. Tills Is n cor rect und not overdrawn picture of nn acute at- tuck of cntnrrh , or "Sneezing Catarrh , " as It Is 'NOW , wlmt does this condition indicate ? First n cold that causes mncns to-be poured out by ttin glands In the nose ; then those diseased elands nre attacked by swarms of little norms thu catnrrh germ that lloat In the air In n lo cality where the disease Is prevalent. These an- Imnlculno , In their eflorts to llnd a lodgment , irritate the sensitive nienibrnno lining of tU < i nose and nature undertakes to rid herself of them by producing u lit of snoozing. When the no.so becomes Illlod with thickened diseased mucus thn natural channels for thu In troduction of air Into the lunRH is Interfered with , and th. person so uffecti-d must breathe through thu mouth , mid by such means tha throat becomes parched nnd dry , snoring Is produced , nnd the caturrhal disease gains ready access to the throat fnd lungs. DOCTOR J , CRESAP M'COY ' , Late of Hellenic Hospital , N. Y. , AND DOCTOR COLUMBUS HENRY Have OI1IC03 310-311 RAMGE BUILDING , Corner 15th ana Ilarucy .Street * , Oninlia , Nclirnika. Where all curable cases are treated with suc cess. Medical rllscuHua treated skillfully. Consumption - sumption , Jlrlghfs IHsensu , Dysn-iHla. Khun- > inuUam , and all NKiivomt DIKIIAHKH. All dlv- eusun peculiar to theioxcu a specialty. CATAUUII CONSULTATION by mall or at onico. II. Ollice HourH U to 11 n. m ; a to i p , uij 7 to 8 p. m. Hundiiy Included. Cornmnondenco receives prompt Attention. Many dlfceuses are treuted t-urx-ctufully by Dr. McCoy throuuh the malls , and It U thus povs.slulo for those unable to make u journey to obtain MiccpH.sfnl hospital treatment ut their hornet. No letter * nnawurt-d uuleaa lucouipanled by o In stamps. Address all letters to Drs. McCoy & Henry , Hodiim : ilU and nil lUmuw llulldlm ' , , Owausc Nebraska.