8 THE OMAHA DAILY BEE : THURSDAY , MARCH 35 , J888.
THE BOOD1E GANG REBUKED ,
Judge Doano Upholds the Sovereign
Will of the People.
THE DOWNFALL OF WE , US & CO.
I . Mullen , n Mnn En Ronfo to Chicago
cage , Takes Ills Own Ijlfo On
Hoard A Train Other Hems
or Local Interest.
A Itcbulco to IJotxllcrs.
Yesterday .Tudgo Donno handed down
Ills decision in the Injunctloh suit of the llns
Pnbllshlng Company ngntnRt the city of
Omnhn. Hla decision is considered as n com
plete denunciation of tlio unlawful tactics
employed by the councllmnnlc firm ofVo ,
Us & Co. Judge Wakoloy , who snt with
Judge Doano on the bench during the hear
ing ns nn advisory , fully concurs in the de
cision. '
The decision was most anxiously awaited
Vy Hascnll , Leo , ford , nnd others of tholr
class , and the long line of contractors who RO
hand In hand With the nbovo-named city
fathers. As soon ns the reading of the docu
ment wns concluded Hascall nnd Jim Crclgh-
ton hastened from the court room to carry
the news to friends. The full text of the
opinion niul the order mmlo is na follows :
Tin : OPINION.
The Hr.n Publishing company vs. the city of
Omnhn ct nl. , on application for temporary
Injunction :
In this case nn application wns made for n
temporary Injunction on the 15th dny of
February last , nt which tlmo an order wns
made thut notice should bo given ot the np-
pllcatlon to the defendants , and the 18th dny
of February was fixed for the hearing , nnd
In the meantime a restraining order wns nl-
lowed until the hearing. Postponements oc
curred fiom titno to tlmo , nnd on the
day of the application wns hcnrd
by consent upon oral testimony , which occu
pied several days.
The application Is based upon the following
stnto of facts : In 18S3 the city being the
owner of lots C nnd 0 in block
110 , in the City of Omnhn , negotia
tions were entered upon between
the board of education of the school district
Of Omnhn nnd the city council of the city of
Omahn , looking to the erection of the City
hnll building upon the lots named , in which
accommodations should bo provided for the
'uso of the board of education.These ne
gotiations resulted in the agreement between
the city mid the board of education
on the 27th day of July , 1885 , by the terms of
which the city was to erect n city hall build
ing on the lots named , "upon plans und
specifications accepted by ccrtiiin committees
appointed by the said city nnd the said
board , " nt nn estimated cost of S20J.OOO , of
which cost the board of education offered to
contribute the one-eighth part , but not to
exceed § 25.000. Upon the completion of the
building which it wns provided should con
tain suitable rooms for the hoard of education
ns well ns for the city ofllccrs , the board
of education wns to become the
, owner In fee of such proportion
pf the building as the money they contributed
should bear to the whole cost of the building.
This agreement wns executed in the iiumo
of the city of Omahn by Its mayor , and of the
board of education by its president und sec
retary.
The validity of this agreement as n binding
ono upon the school district , wns called in
question und urged with much earnestness
nnd ability In argument by the city attorney.
But in our view of this cnso. this question is
not before us. The school district is not ask
ing to bo relieved from the ngrccment , nor Is
the city offering to refund the money of the
school district , which it has used in the con
struction of the basement of the building ,
and ns far ns this application is concerned wo
express no opinion as to the binding effect of
that agreement upon the school district. Wo
may say In general that thn court cnn
not bo called upon in this action ,
or nt any rnto on this applicationto pass upon
the rights nnd interests of the school district
under its agreement with the city , or in the
the building which the city undertook to
erect for n city hall. Those rights and Inter
ests will bo guarded presumably by Iho board
of education nnd there' wo leave thorn.
After the ngrecmcnt had been made be
tween the city nnd the board of education ,
plans for the construction of the city hall
building wcro invited and among others were
submitted plans by B. K. Myers , an architect
bf Detioit , Mich , , of national reputation.
These plans wcro finally agreed upon by the
joint committees of the city council and of
the board of educntion , and were adopted by
the city council as those upon which the city
hall building should bo erected.
The law then In force providing for
the incorporation of cities of the
firstclass nnd rcgulatlntr their
duties and powers , required that any
Improvement , costing in the aggregate a sum
prcnter than 45,000 , for the erection of mar
ket houses nnd other useful nnd necessary
buildings , for the use of the city , should not
'
bo nuthoriz'ed until the ordinance providing
therefor should bo ilrst submitted to , and rat
ified by n majority of the legal voters of such
city voting thoreon.- See Comp. Sts. of 1&S1 ,
p..bO. subd. 11 ,
An ordinance was accordingly passed by
the city council nnd approved by the mayor ,
October 8 , 1885 , m-pvidlng for the construc
tion of a city hull , nnd submitting the snino
to the electors of tno city of Ouiuha for rat
ification. This was ordinnnco WO , the flrst
Section of which described the proposed
building as located on lots 5 nnd 0 ,
In block 110 , In the city of Omaha , nnd
authorized Its construction , the said building
to cost'not exceeding the Sum of $200,000 , und
the construction to be proceeded with us
rnpidly ns funds could bo provided und in uc-
'f cordanco with the plans proposed by IS. IS.
1 Myers. Section second provided for the
i , submission of the ordinnnco for the ratifica
tion of the electors of the city nt the general
w election to bo held on the 3d day of Novem-
ber. 18S5. The ordinance wns submitted at
Buch election , and wns duly rat I lied by a ma-
? , jorlty of the legal voters voting thereon , A
* contract was entered into with Architect
Myers for the plans und spculllcutions for and
fniporlntcudcnco of tho. erection of the build
ing , by the terms of which Myers agreed nnd
Kuurnnteod that the building could bo erected
arid completed In accordance with his plans
nnft specifications for the sum of $100,000 , ex
clusive of the steam-heating apparatus ,
and provided that in case the
city should , after mvlting and receiving
proposals for the erection of the. building ac
cording to such plans nnd specifications , full
to receive ) any proposals from a reliable and
responsible bidder for the erection of the
building for such sum , then the city should
be nt liberty to reject the plans , in which
event Myers should not bo entitled to iccclvo
from the city any compensation for such re
jected plans , or for any services or cluiin
whatever.
The city having no available funds to apply
towards the erection of the building at that
tlmo , the board of education advanced , under
its contract with the city , the sum of about
$30,000 , In round numbers , from tlmo to time ,
to enable the city to proceed with the work
> , without delay. The city proceeded accord
( ugly to have the lots graded down nnd cxea
vntod to prepare for the sub-structure of iho
building , and on the the ild cliiy of Septem
ber , ISsd. entered into a contract for the
construction of the foundation , sub-basement
nnd boscjnent of the city hnll building , with
Kcgan Uros. , for tha ngrcod prlco of MS- ,
C40. The contract provided that the work
should bo done according to the plans and
specifications of I ) . IS. Myers , architect , and
that oil disputes regarding material , work or
amount duo the contractors should bo settled
nnd determined by said architect , nnd tliut
his decision should be final and conclusive in
all cases on both parties.
The work wus to bo done under the direc
tion and control ot the city engineer nnd the
boar.d of public works , and was to bo com
piloted to the satisfaction nnd with the acceptance
anco bf the architect nnd the approval of the
board of public works , the mayor and the
city council on or before July 1,1SS7.
ft wa.8 further provided that if the
contractors should assign the contract , or
abandon tha work , or should neglect or refuse
to comply With the instructions of the engi
neer in cnargo relative thereto , or should fall
. Jn any manner Id comply with the spceiflca'
, . _ rt thereof , apd. such Annulment should not
entitle the contractor to any claim for dam-
prti on account Hereof , nor should it effect
tfte right of the city to recover damages
\vhlch might urlso from such , failure.
JTiUJ WUttft t haying been opfroyed by tlio
mayor nnd city council , work wns commenced
under It within thirty unys thereafter , ns required -
quired by the terms of the contract , nnd wns
continued with varying degrees of diligence
until finally abandoned by consent of both
parties , IM will bo noted hero-
nftcr. Whllo the work wns so
progressing to-wit on the 13th dny of April
1S37. n proclnnmtton was issued nnd published
by the mayor , submitting to the electors of
tlio city , the question whether bonds of the
city should bo Issued In tho. ajim of $200,000 to
bo enllfd "city hnll bonds. " the proceeds to bo
used In paying the cost 6f the construction of
n city hnll for the use of the city and for no
other purpose. The election under such proo
Inmntlon was held May 8 , 1837 , nnd resulted
In n majority of the electors in favor of the
issue of the bonds , None of these bonds It
appears , have ever been actually Issued or
sold. The work under tlio Kogiin contract
wns not completed by July 1,1887 , ns re
quired by Its terms , but continued through
the summer nnd fall , nnd Into November
18S7 , nt Which time the chairman
of the board of public works in the
Oxcrciso of the authority conferred \ipon
him by the contract nnnullcd the same , nnd
relct the work , Jlls notion wnS disapproved ,
however , by the city council , nnd on the 10th
of December , 1&S7 , the board wns directed to
notify Hegnn Uros. to proceed with the com
pletion of the work under tholr contract.
This was done , and some work was per
formed In the further prosecution of the con-
trnct , until early In February Inst , the con
tract wns finally nnnullcd by consent of nil
pintles , the city council agreeing to allow the
Jlrm of IJrcnnun & Co. , who seemed to hnvo
succeeded by assignment or otherwise to the
interest of Hegan Bros. , nnd hnd done nil the
work which hud been performed under the
contract , what was Just nnd omiltnblo for
the labor performed and materials furnished
by them In and about &aid city hull
building. Without stopping to t in
quire as to the iwsslblo complications which
might nrlso with Hcgnn Uros. , the contrnct-
ors , If settlement should bo made with 13ren
nnn & Co. , without their ( Uegan IJros. ) ex
press consent nnd acquiescence , It is suf
ficient to say , for the purpose of this applica
tion , that In taking this action , there is noth
ing in the testimony to satisfy us that the
city council acted from nny Improper motives ,
or that the action was improvident or ngnlnst
the best interests of the olty. On the con
trary , It appears under all the circumstances
to hnvo been the best nnd most prudent solu
tion of nn unfortunnto complication , to say
the lenst. 13y this action the contractors
wore released from n contract out of which
serious disputes had already nriscn , nnd
others quite ns serious were
likely to nrlso which could
not hnvo been adjusted probably without n
vexatious and perhaps disastrous litigation ,
nnd the city was released from nny liability
to account for nny profits which might hnvo
nccrucd under the contract , and was bound
to allow only what wns Just nnd equitable
for the labor actually performed nnd the ma
terials actually furnished In and about the
building. Soon after the annulling of the
contract , Urcnnnn & Co. submitted their ac
count to the city council , claiming' therein a
lurgo amount in excess of the contract
price , nnd what Is claimed to bo nn exorbi
tant bill for the amount of Inbor performed
nnd materials supplied for the building , and
ono of the objects sought by the petition of
plaintiff herein is to enjoin the
city from paying to Uegan Bros , or
their assigns , any money out of the city hnll
fund until the approval by Myers the arch
itect of the work already done under the con
tract , nnd the allegations of the petition is
that the mayor and the majority of the city
council will ' , unless eiijoinedprocccd to nllow ,
audit and 'pay the account , and that such
action will bo tnken for the purpose and with
the Intention of defrauding the city of Omaha ,
its taxpayers nud the plaintiff.
The testimony docs not satisfy us that such
an Intention exists. The facts shown by
plaintiff upon which to ground such a sus
picion nro by no means conclusive , and the
mayor and the members of the committee of
the city council to whom has been referred
the account , all disclaim most posi
tively any intention to nllow any
thing moro than what would bo Just nnd
equitable thereon and all have testified that
the account has not yet been the subject of
consideration at all. We would bo very loth
to conclude that the mayor and n majority of
the council could bo so recreant to the trust
reposed in them ns to deliberately allow and
order paid a fraudulent claim against the
city , or ono which should embrace a claim for
profits or any other illegal claim In favor of
the contractors , and were it not that there
has been more or less warrant in past experi
ence with other municipal bodies , for such
nn assertion , wo should say it is incredible.
But beyond this , there is the question of
power in the court to interfere with the ac
tion of the official body upon which is cast
the duty and authority by law. to audit and
allow claims against the city. It cannot bo
presumed that the mayor and council will
act fraudulently , and it is only after the
fraud has passed from intent to act that the
court can interfere , but if such n contingency
should arise this court at least would not
hesitate In the exercise of Its restraining
power. But the prayer of the petition for
such a restraining order now is based upon
that provision of the Hegan contract , which
constitutes the architect the nibltcr as to the
amount duo the contractor , etc. , and the
prayer is thut the payment to Uegan Bros , bo
enjoined "until such n tlmo as the architect ,
E. K. Myers , shall approve of the work
already done. " It is a sufliciunt objection to
the granting of such on order , that the con
tract has been rescinded by mutual consent ,
and has no longer any binding force , and the
provision constituting Myers the arbiter ,
bus fallen with the rest , so that to
grant the prayer would effectually
jn event the settlement of the account
on a just and equitable basis' by any
body or authority.
As to the prayer for. an Injunction ngninst
the school district nnd its olllcprs as to pre
vent them from annulling the contract heretofore
toforo entered into with the city for the orca-
tion of the city hall , upoif lots 5 and 0 , or en
tering into a contract for its erection upon
any other lots , it Is sufficient to say that oven
if the court had the power to make such an
Older , there is no iiroof whatever that any
such intention exists or that any stop has
been taken by the school district or its of-
tlcors looklilg toward such a result.
As to the position of the city council In ref
erence to its power" , and the action proposed
by it relating to the city hall building , the
status Is somewhat different.
Inthoflrst place the ordinnnco providing for
the erection of a city hall , was required by
the very law which created and called into
being the municipal body Itself , to bo sub
mitted to the electors of the city for their
ratification , und without such ratification ,
no authority existed for .such erection.
Whether it was necessary or not to have em
bodied in such ordinnnco the designation of
tlui location of the building , the limit of the
cost , nnd the designation of the plans under
which the building was to bo elected , they
wore certainly very proper to bo so embodied ,
and they wore nil designated In tlio prdinanco
which wns submitted to the electors. In
fact It would bo dltllcult to conceive of any
practical benefits' or purpose of such
nn ordinance without such designation.
Without them , a submission to a
vote of the electors might prove
but a delusion and a snare , whereby
nine-tenths of those voting to ratify the ordi
nance might bo grossly deceived In all or anyone
ono of the respects named. However , there
is no restriction in the law as to the details
which may bo covered by the ordinance , but
there Is the positive requirement that no .au
thority shall exist for tlio improvement , un
til tie | ordlnunro , with whatever of detail it
may bo burdened , shull huvo been ratified by
a majority of the votes at the election. This
being so , It is clearlv not in the power of iho
council either to change the location of the
building , to erect it on substantially differ
ent phins , or to exnendnn amount substan
tially in excess of that designated in the ordi
nance. , without first obtaining authority
thetcfor by an ordinance prepared for
that purpose , nnd submitted to and latillcd
by n majority of the legal voters of the city
voting thereon. Until such authority U con
ferrcd no power exists in the mayor nnd city
council to change the plans .substantially , or
to change the locntiott of the city hall build
ing , or to expend any amount substantially
In excess of that voted upon In the ordinance.
If by reasons of changes in'tho cost of labor
and material since the plans were prepared
it has become impracticable to erect the
building upon such plans within tlio limit
prescribed , nnd the plans cannot bo so
changed ns to bring the cost within the
limit without substantially changing tha
plans , tjien one of two courses mus > t be pur
sued either different and cheaper
plans , must bo adopted , or pro
vision must bo made for a larger
Outlay , and hi either case the ordinance pro
viding for such changes must bp submitted
to the electors of the city for theli' satisfac
tion. If it should be deemed advisable to
change the location of the building , the same
course must be pursued , and in the meantime -
time and until such-authority is obtained by
an ordmauce raUlied. by a majority ofthe
voters , the present structure , BO far as It has
progressed , having bcotl erected under the
authority conferred by the electors and In
conformity with tholr expressed wishes by
the act of ratification of the ordinance ,
nnd the evidence tending to show
that the stmcturfc , ns fur as It has progressed ,
is In substantial compliance with the Myers1
plans and is RUfllciont for the purpose for
which It Was intended. and It
cannot bo removed or destroyed. The bonds
for the erection of the city hall building hav
ing been voted after the location of the snmo
by ordinance. anil during the
progress of the work thereon
Upon such location , must
bo deemed to have been voted with reference
to such location. It follows therefore that
no part of them , or of their proceeds
can bo used for the erection of a building on
any other site , until the question of expen
diture upon such site shall hnvo been flrst
submitted to , and ratified by the electors of
the city.
Notwithstanding the mayor nnd a few of
the members of the city council have ills-
claimed any Immediate intention to change
the slto for the city hall , or to destroy the
present work upon the structure , thcro hnvo
been many significant nets by different mem
bers of the city council , some of which hnvo
crystnllrcd Into action in the council as n
municipal body , Indicating' pretty
clearly a disposition , to disre
gard the ordinance No. 050 , the
ratification of which by the majority of the
voters of the city , conferred the only author
ity which the mayor nnd council possess In
the premises , They claim , In fact , to have
already rejected the plans adopted by the
jtooplo , and to bo no longer bound to work by
them In the erection of the building. This
being so. any taxpayer has the right to Intcr-
pose to fitny the hands of the municipal body
in the execution of nn unlawful and unau
thorized net. Wo do not Intend to Interfere
with the legitimate exercise of the legisla
tive functions of the mayor and council , but
only with the execution of unlawful acts ,
Neither do wo Intend in any way to Interfere
or express any opinion ns to the controversy
between the council nnd the architect.
All the questions .which may arise
between Mr. Myers nnd the city under his
contract with the city , wo leave entirely unexamined -
examined nnd without the intimation of nnv
opinion thoreon. They will rpmaln for set
tlement or adjudication between the parties
at the proper tlmo , when much of the testi
mony presented on this hearing may have
some relevancy , which wo do not accord to it
hero.
TUP. OI111EU. I
An order will bo mode temporarily enjoin
ing the defendants ( or such of them ns the
Injunction should apply toy from annulling or
setting aside the plans and specifications of
B. E. Myers , architect for the erectioa of
the city hall building , as referred to in ordi
nance No. 050 , adopted and ratified by n vote
of the majority of the legal voters of said
city , or from proceeding under
any other plans or specifications or
any substantial change of the Myers' plans
until nu ordinance specifying such plans , or
substantial changes in the Myers plans shall
have been flrst submitted to and ratified by n
majority of the legal voters of the city voting
thereon. Also from removing or destroying
the basement or sub-basement already erected
upon lots 5 and 0 in block 110 in the city of
Omaha. Also from erecting or contracting
to erect a city hall building upon any other
ground than upon said lots above described ,
until an ordinance providing therefor shall
have been first submitted to nnd ratified by a
majority of the legal voters of the city voting
thereon , or from using any portion of the
bonds voted for the purpose of.'puylng for the
construction of n city hall for the use of the
city of Omaha called "city hall bonds , " or
the proceeds thereof lor the , erection
of a city hall on any other site than upon said
lots above described , until an ordinance pro
viding for such use slfnll have been first sub
mitted to and ratified by a majority of the
legal voters of the city of Omaha voting
thereon.
This order will not interfere with the
changing of the site for a city hall building
nor with the adoption of different plans and
specifications upon which to erect it , pro
vided the question of such site and plans
shall bo first submitted to and ratified by a
majority of the legal voters of the city voting
thereon. _
A surprise , when smoking "Seidon-
berg1 Figaro" for 6c you will find it a 10c
cigar. Ask your dealer for thorn.
" "
"MATTRESSES worth $3. only si.os.
Everything1 elsein proportion at
NKW YOUK STOHAOK Co. ,
Entire blouk , Capitol avo. and loth st.
ITY THIS PIBTOIj UOUTE.
A Miner Pills His Head mill Botly
"With Ijcndcii Uullcts.
A miner , named P. Mullen , who boarded
the Union Pacific train No. 2 , at Ogden ,
Utah , Monday morning , committed suicide
In the water closet of the car yesterday at
Elkhorn. Ills fellow passengers were half
asleep and the man with whom Mullen wns
seated was awakened by the latter getting
up. Mullen went to the water closet and
rcmalno d there nt least 10 minutes. The man
with whom ho had been travelling
since the day before wns preparing to go to
the closet to see what was the matter. Just
then ho heard a shot followed in quick suc
cession by three more reports. The passen
gers in the car became panic stricken and
made a rush for the front platform. Two of
the t nil inn on entered the car and broke into
the closet. There lay the man Mullen in a
pool of blood that poured from four wounds ,
two of them in the right temple and two in
the abdomen.
The suicide was carried into the baggage
car and taken into the depot at this city.
Coroner Drexel was summoned , who secured
a jury. The testimony was in ac
cord with the facts stated above
and the following verdict was rendered :
"Tim said P. Mullen came to his death bya
pistol-shot llrcd by his own hand with sui-
cldul Intent , somewhere between Elkhoru
nnd Millurd , while riding on a passenger
train on the Union Pacific railway , on the
morning of March 14 , 1SSS. "
"CiiAiu.ua F. TUTTI.E.
B. IlAxrv.
C. H. Au.r.x.
II. A. COI.B.
W , TlIIIlKTTS.
T. E. JONES. "
Mullen had a ticket to Chicago and S4.30 on
his person. The man with whom ho became
acquainted yesterday and who was his seat
mate , stated that the deceased stated to him
that ho was en route to Chicago to obtain
medical treatment for "lead colic , " n diseuso
usually contracted by men who work in lead
mines , _
MATTRESSES , worth 1.00 , on y
$1.08. Everything1 else in proportion at
NEW YOUK STOHAOK Qo. ,
En tire block , Capitol avo. and 15th st ,
Vlfillors From Wichita.
The county commissioners of Wichita ,
Kan. , are visiting the city , Thclrobjcct Is to
vlow the court house and jail. They Intend
to erect u jail this summer and nro making u
tour of the principal cities to obtain points.
1 Thlspowder never varies. A nmrrelof . .
tjr.strongth ami wliolesoinenesa. More ecotiot ; .
leal than the ordinary klncjs , and cannot becolp
in competition witn the multitude ef low < on.
sliurt weight alumqr phosphate pnwdtre. Sold
only Jn cans , lloyal Uakiojr I'owder CN-i l i
3lc r 5c 22c 29c
For the best quality of For Apron Chocjc For All Wool , For All Wool
Dress. Calicos , Ginghams Dress Goods , Tricots ,
nt nt at
N. B. FALCONER'S. N. B. FALCONER'S. N. B. FALCONER'S. N. B. FALCONER'S ;
Wi BB * VQ HH HHBllBlBRHERpF .
SiSJLJET
SATURDAY , MARCH i7th.
On April 1st wo will vacate the store rooijn Nos. 1501 and 1508 Douglas , and move into our own store next door. Before
doing that wo make a grand Moving Sale ; we must sell at least ono hundred thousand dollars worth before moving. Wo dq
not take the cost of the goods into consideration in making prices. The goods must bo sold and wo make the prices to selj
j hem. Many of the lots offered will not last '
ono week , so ask'all to como as oarlv as possible.
DRESS
GOODS.
4O pieces 83-Inch nil
Do Beige , regular price 6Bc ,
moving sale price OOc.
41 pieces 44inch nil wool
Do Beige , regular price QBc ,
moving sale price 7J3c.
14 pieces tan shades French
Suiting , in tan shades only ,
regular price $1 and $1.26 ,
moving sale price , B7c.
Outing Flannels , 32 inches
wide , 48c ; worth 78c.
Colored
Dress Goods
4O pieces pin striped all wool
Dress Goods , 38 inches wide ,
regular price 7Bc , moving
sale price 22c.
4O pieces 38 inch all wool
Tricots , regular price 8Oc ,
moving sale price 29c.
1O pieces fancy sillc striped.
Dress Goods , 40 inches wide ,
regular price 7Bc , moving
sale price 8Sc.
4O , 44 and 46 inch Tweed ,
Serge , Fancy French Suiting ,
54-inch all wool Flannels and.
Novelty Suiting , regular price
from 75c to 95c , moving sale
price 42c.
84-Inch Tweed Suitings ,
regular price $1.3B , moving
sale price 79c.
42-inch all -wool French
Plaid Suitings , regular price
$1.25 , moving sale price 68c.
44-inch fine French Plaid
Dress Goods , regular price
$1.8O to $1.78 , moving sale
price 79c.
84-inch fine Plaid Dress
Goods , regular price $1.78 ,
moving sdle price $1.18.
VELVETS
AND
PLUSHES.
In this department we will
make some terrible sacrifices.
These goods must be sold and
the prices are made to sell
each lot out fast.
Fancy Velvets that have
been sold at $1.6O and $1.28 ,
moving sale price , 6Bc per
yard.
Fancy Velvets. beautiful
floods that have been selling
at $8.OO. * moving sale price
$1.80.
Fancy Velvets , the finest
goods made , that have been
sold from $ C3 to $7 per yard ,
moving sale price $2.18.
Fancy Velvets , elegant pat
terns , that have sold , from
$7.BO to $1O , in short lengths
only , moving sale price $3.68.
Plush and Velvet , 16 inches
wide , in all colors , never sold
at less than $ l.OOmoving sale
price 68 c.
Plain Plush , Moire Plush ,
Moire Velvets , 19 inches wide ,
never offered before at less
than $1.28 and $1.8O , moving
sale price 98c.
Plain Plush , 19 inches wide ,
our regular $1.8O Plush , mov
ing sale price $1.O7.
Plain Velvets , our $2 qual
ity. moving sale price $1.39.
Plain Velvets , our $3 qual-
itv , moving sale price $2.O8.
Plain Velvets , 22 Inches
wide , elegant goods , regular
price $3.BO , moving sale pries
$2.48.
All Silk Colored Velvets.reg-
ular price $8 , moving sale
price $3.63.
Velveteens.
Velveteens , regular price
BOc , sale price 37 l-2c.
Velveteens , regular price
7Bcsale price BOc.
Velveteens , regular price
$1 , sale price 6Sc.
velveteens , regular price
$1.48 , sale price $1. OB.
Health is Wealth !
In. K.O. Wrst's NEII\'E AND Tiiuiv TIIRAT-
MKNT. a ( ftmrnntped spcclllo for HyMrrJn , Dizzi
ness. Convulsions I'ltn , Nervous Neuralgia ,
Headache. Nervous j'rostwlou. caused by the
be of alcohol or tobacco , \Vakefulneas , Mental
Depression , Hoftentnu of the Drain , resulting In
Insunlty.aiiil loading to mUery.docay and death ,
1'remature Old Ape , Darrenness. toss of I'ower
In either sex. Involuntary tosses ami Bperma.
torrlura caused byovrr-uxeitlon of the brain ,
self-abuse or over-Indulgence. Kach box con
tains one month's treatment. Il.ttJa box , or Bijc
boxes for Jo.OO , beut by mall prepaid on receipt
of price.
price.WU GUARANTEE 8X | BOXK8
To cure any case. With each order received by
us for sir box k , accompanied with KUK ) , wo will
send the purchaser our written Kuaroutao to re
fund the money if the treatment dnos not eircct
a cure. Guarantees issued only by O. V , OOOO-
MAN , UniRBlst , Solo Agent , 1UO rarnarn Street ,
Omahii , Neb.
urerncfromthfff (
f t. ofyonlhfil er-
EEl runi.rarlr < l c r. < t
nCood. etc. I wil mT aluitlo tre tl e < tt lr < l )
uUUlBr full v eulu tut Uuiu * nue , Inn ut
XPROF. F , b'l'FOWLER , Moodus , Conru % .
LINEN
And Housekeeping
GOODS.
1 case Turkey Red Damask ,
regular price 6Oc , moving
sale price 49c.
1 case fine Cream Damask ,
regular price 7Bc , moving
sale price BOc.
11-4 Marseilles Bed Spreads , '
regular price $3.BO , moving
sale price $2.78.
11-4 Marseilles Bed Spreads ,
regular price $4 , moving sale
price $3.28.
1OO dozen fancy bordered
DoVles. size 2Ox2O , regular
price Jfl.BO. moving sale price
$1 per dozen.
1OO dozen 8-8 Bleached
Napkins , regular price $1.BO ,
sale price $1.28.
1OO dozen B-8 Bleached
Damask Napkins , regular
price $2 , sale price sfl.BO.
8O dozen 8-8 Double Dam
ask Napkins , regular price
? 3 , sale price $2.
At S1.OO--Odd. lot 3-4 and
8-8 fine Napkins , slightly
soiled at $1 ; would be cheap at
White"
Blankets.
1O-4 white Blankets at 8Bc ,
regular price $1.28.
1O-4 white Blankets at $1.49 ,
regular price $2.28.
1O-4 white Blankets at $2.OB
regular price $3.OO.
1O-4 white Blankets at $2.88 ,
regular price $3.BO.
1O-4 white Blankets at
$3.O7J , regular price $4.OO.
Grey
Blankets.
1O-4 grey Blankets at $1.78 ,
regular price $2.BO.
1O-4 grey Blankets at $2.33 ,
regular price $3.OO.
A few pairsof 11-4 , 12-4 and
13-4 white and colored Blank
ets , all slightly soiled , regu
lar price from $16 to $2O , sale
price $9.78.
WHITE"
FLANNEL.
27-inch white Flannel at
18 l-2c , regular price 2Bc.
27-inch all wool white Flannel -
nel at 22 l-2c , regular price
3Oc.
7-8 white all wool Flannel
atSlc. regular price 4Oo.
White Shaker Flannel at llo ,
regular price IBc.
white shaker Flannel at
IS l-2c , regular price 2Bc.
White shaker Flannel at
22 l 2c , regular price 3Oc.
White shaker Flannel at
38c , regular price 4Bc.
Blue mixed Flannel at IBc ,
regular price 2Oc.
Navy blue all wool Flannel
at 18 l-2c , regular price 2Bc.
All wool scarlet Flannel at
18 l-2c , regular price 2Bc.
Fine fancy Jersey Flannels
at BBc , regular price 7Oc.
Fancy French striped Flan
nels at BBc , regular price 7Bc.
Gent's Furnishings
40 dozen men's flno launtlried
shirts , nt S9o , worth $1.2.5.
10 do/sen men's flno kumdriod
shirts , regular price $1.'J5. sale
piieo. 9oo.
25 do/.cn moil's flno plaited
bosom luuiidricd shirts ; rogulur
price $1.6(1 ( , sale price $1.15.
MEN'S NECKTIES.
All the flno sillc and satin neck
ties thut wo have boon bolliii } , '
from 50u to 75c , ut this sale 25o
each
MEN'S GLOVES.
Tivonty-flvo do/ton men's-buck ,
castor , doer skin and icid gloves ,
worth from $1.60 to $2.00 , at this
sale $1.00 per pair.
MEN'S FANCY FLANNEL SHIRTS.
Twonty-Ilvo dozen men's fancy
HAT IN HAND ,
Wo innko our best
bpw to tuo public.
Ono ofttio tests of
good taste is a be
coming lint. MlnJfiu
of tlio viifluj needs of
our jmUons we lire
8uppled ] Vvltli hats
jorthe tpriui ; trade ,
suited In duality and
style to e\ery pursuit
and profentlon lints
and cups for the loyp ,
hats for their fathers
mid brothers , ami
liroad-brlinmod huts
( or their grandfath
ers , all at i > rtr ?
which munitibtoul-.u
the public. ;
flnmiol shirts , regular price $3.00 ,
sale price $2.10.
MEN'S COLLARS-CO EACTI.
Forty dozen men's linen colltu'8
nt 60 each , regular price 10c.
100 Aozon men's 4-ply linin col-
Inra in nil the now styles lUJo ,
worth 17io.
Men's cuffs IGcworth Coo.
Men's cuffs iSo ! , regular price
40c.
40c.MEN'
MEN' SUSPENDERS 160.
100 dozen men's fine suspenders
at 15o , regular price 25o.
grey merino half hose at ISa ,
regular price 25c.
British half hose at 16c , regular
price 25c.
LINEN HANDKERCHIEFS.
100 dozen men's white and fan
cy bordered all linen hd'k'fsat
8jo each , reduced from 121 and
15c.
15c.Men's
Men's white ami colored bor
dered all linen hemstitched li'dkfs
nt 17c , regular price 25c.
Men's wliito and colored bor
dered all linen handkerchiefs.
Never offered by us before at less
than 35c. On Saturday 25c.
All the fine men's colored bor
dered all-linen handkerchiefs that
wo have boon selling at 60o. On
Saturday the price is ; i7jc.
SILK HANDKERCHIEFS.
25 dozen fancy silk handker
chiefs , regular price 05c , sale price
25c.
40 dozen fancy silk handker
chiefs , regular price 85c , sale
price 65c.
Mons' China silk h'dk'fs , regu
lar price COc , sale price 40c.
Metis' China silk h'dk'fs , eizo 21
inch with wide hem , regular
price 75c , sale price 55c.
Mons'20-inch Chinasilkh'dk'fs ,
regular price $1.00 , sale price 72c.
Mens' cream silk mulllors ut50c ,
worth $1.00.
40 dozen China silk mufflers ,
regular price $1.76 , sale price
81.00.
81.00.MEN'S
MEN'S UNDERWEAR.
Men's white merino shirts , reg
ular price 40c , moving sale price
orf > .
M < JU.
JU.Men's white merino shirts , reg
ular price 60c , moving' sale price
8Sc.
8Sc.Men's
Men's white merino shirts , reg
ular price 75c , moving sale price
55c.
55c.MEN'S
MEN'S ALL WOOL SCARLET
SHIRTS A D DRAWERS , ; t5c ,
100 dozen men's all-wool scarlet
shirts and drawers at 35o , regular
price 85c.
25 dozen men's fine scarlet
shirts , slightly soiled , regular
price $1.00 and S1.25 , moving bale
price 05c.
Men's full regular merino shirts ,
nil sizes , tliat are worth $2.50 ,
moving sale price 08c.
Ladies"
SILK VESTS.
Ladles' spun sillc Vests , reg
ular price $3.BO and $4 , mov
ing sale price $2.
Ladies' spun silk Vests ,
short sleeves , regular price $4 ,
moving sale price $2.98.
Ladles' natural wool fine
light weight merino Vests ,
regular price $1.BO , moving
sale price 98c.
Ladies' fine French Saxony
knit Vests , regular price $2.28
moving sale prlcel.
Childs' scarlet vests and
pants , sizes 16 to 26 , worth
from 3Bc to 48c , moving sale
price 23c.
Children's scarlet vests and.
pants , very fine quality , reg
ular price from 6Oc to $1.1O ,
moving sale price BOc.
Children's white merino
Vests , sizes 18 to 32 , regular
price 33c , moving sale price
IBc.
IBc.Ladies'
Ladies' merino vests , regu
lar price 38e , moving sale
price 2Bc.
Ladles' fine white merino
vests , regular price OBc. mov
ing sale price 39c.
Ladies'light weight merino
vests and pants , regular price
78c , moving sale price 43c.
Ladies' light weight merino
vests and pants , regular price
88c , moving sale price BBc.
Ladies' all wool scarlet vests
also camel's hair vests. NO
PANTS , regular price 7Bc ,
"
U , S. DEPOSITORY , OMAHA , 1TEB.
Paid Up Capital , - $2BOOOO
Surplus , - BO.OOO
II. W. VATKH. Pruslrtpnt.
LEWIS H. ] ( nt : > , Vlco-T'rcBldcnt.
A , JJ.TOUZAI.IN , "ml VIco-rresIiTent.
W. It. a. lluuiits , Cuslilcr.
W , V. Mouse , JOHN B. COM.INS ,
Jl.V. . VATLH. LKWIHS. luuu ,
A , K. TOU/AUN ,
DanklnpOmco
THE IRON BANK ,
Cor. mi ) uml I'ltrnuin Sti.
A General Dunking Hiiainuaa Transacted.
Proprietor Omaha Business College ,
in WHICH ta TuQHr
Boole-Keeping , Penmanship ,
Commercial Law , Shprthand , Telegraphing
and Typewriting.
Send lor College Journal.
S E' . Cor 10th. and Capitol Avenue
moving sale price 83o.
Ladles' very fine all wool
scarlet pants and vests , rcgu
lar prlco $1. , moving sale price
78c.
78c.WASH
WASH GOODS.
Fancy Scotch and Frenclj
Zephyr Ginghams , regular
price 3Bc and 4Oc , sale price
28c.
Indigo Blue Calico , regular
price 8 l-2c , moving sale price
Bc >
Fancy Striped Seersucker
Ginghams , regular prlco I2jo ,
sale price 9c.
French Sateens , in a lot or
odd lengths , regular price QOo
and 4Oc , sale price 28c.
Apron Checft Ginghams ,
regular price 8 l-2c , sale price
Be. V\ \
Best quality dress styles of
Calico , 3 1-26 , worth 8 l-2c.
A splendid line of colored lawns
at JHc , worth Go.
Gorman calicos , ono yard wide ,
ntSlic , worth 16c.
Not moro than 12 yards to each
customer.
Fancy dross buttons , 2 dozen for
Oc ; tlicso buttons nro worth froul
25c to 35o per dozen.
Cream Russian and vonnicllljS
lace , from 3 to 5 inches wide , at
8jc. worth from ICc to U5c.
Not moro than 12 yards to each
customer.
CHILDREN'S WHITE DRESSES.
Children's white dresses at 606 ,
worth frum 7Cc to $1.
Children's white dresses at 75o.
worth $1. /
Children's white dresses nt $1 ,
worth SI. 50. , ,
Children's white dross at $1.CO >
worth $2. '
JERSEYS.
Black jorioys at OOc , $1.50. $2
$2.50 , &t , $4 , jutt about half prlcol ,
Black and fancy jerseys at $1.50. vl
S2.-75 , $3 , at just half prico. i |
Colored jerseys at $2.50 , $3 and , ) f
$3.50 , worth double.
RIBBONS.
All silk sash ribbons in bcautK
ful shades , 7 inches widoin moire
crown edge at 05c worth $1.45.
Blocked pattern sash ribbon in
all colors 55c , worth 85c.
FEATHER PILLOWS ,
NO ODOR. NO DUST.
We have just received our
spring order of Feather Pil
lows from the Cold Dlaat
Feather Co. These Feathers
have all undergone the most
thorough renovating process-
known to the trade , and cug-
tomers can rest assured they
are as represented.
At $1,25
1OO pairs Feather Pillowg
at $1.28 , worth $1.78.
At $1.75
1OO pairs Feather Pillows at
$1.73 , worth $2.BO.
At $2.25
1OO pairs fine Feather Pit >
lows at $2.28 , worth ? 3.BO.
At $2,75
BO pairs Feather Pillows afc
? 2.7B , worth $4 ,
At $3.5O
BO pairs Live Geese Feath
er Pillows at $3.BO , worth $ B.
At $4.50
BO pairs Live Geese Feathei
Pillows at $ 4.BO , worth | 6.
DOWN PILLOWS.
'
DOWN PILLOWS
At $3.75
2B pairs fine Down Pillows ,
satin covers , at $3.78 , wor i
$6.
At $5.50
28 pairs fine Down Pillows ,
largo size at $8. BO , wortlj
$7.80.
At $6.00
2B pairs best Down Pillowg
at $6 , worth $9.
These Pillows are all guar
anteed to be perfectly odorless
and free from dust.
.T. B. HAYNES ,
OYtflGIAl.
STENOGRAPHER ,
TMrd Judicial Dlstilct ,
Room 41 , Chamber of Commerce.
Telephone Oil.
SteekPiano
Jtcidnrkableforjiowerfiil vmjai
thetlc tone.JilittlJUMictlon umliu _
fcbirtediiraljllTty. ) mTyearaTreconT
tITelcatjtunrmUiiUjt "the mcel-
HIKO of tliesa liistrurntiita.