THE OMAHA DAILY BEE : , FRIDAY , APKIL 27. 188a
phalltJiermiponbecomo rested with Ml the
firopcrty , rights , privileges find franchises of
the company making such sale , nnd ticrtnln-
ing to the said railroad so sold , nnd shall bo
Vtuthorlzed to locate , construct nnd complete ,
maintain nnd opornto the rnllrond thus pur
chased , find may receive , hold'and convoy ail
municipal nld , endowments nnd property of
n&yklau whatsoever upon complying with
the terms and conditions upon which the
unino were to bo had , as fully nnd to the sumo
extent OB the railroad company making such.
B.ilo could have dona had no such sale been
innde. "
This net was passed In 1681 , nnd the ncctlon
Only applies to corporations of nn adjoining
ptato which shnll Imvo extended Its rnllroaa
Into thlsstato nnd become ncorporation under
the laws thereof , to mortgage , lease or sell
that part of Its railroad situated within , this
ntato to a railroad company within the stale.
tThls section docs not repeal sections 89 and
01 of chapter 10 of the compiled statutes.
Nor doci It nuthorlro ft railway to lease Its
entire line , that out of the Htnte ns well as
that within. That atatulo , therefore , docs
not apply to nor aid this caso.
So fnr ns the power to lease Is concerned ,
requiring the lines to bo continuous , chapter
l > 3 of the session laws of 1387 contain provis
ions n4 to the power to purchase or lonso
railways , which need not bo noticed , ns ItM \
no application to the case nt bar. The second
section of the net contains a provision for
the ratification of prior leases and Con
solidations which , at the most , can
only Icgnllro acts done In good faith whcro
there was a want of full ixwcr to perform
tlio name , but docs not npply to canes where
leases wore made , or consolidations effected
ngaliiRttho Inhlbltntlous of the statute. The
lease of the defendant , therefore , Is not vali
dated or aided by that statute. To Justify
the defendant In leasing its line to the 13. &M.
railroad company , it must bo able to point to
the exact Btntuto granting such authority ,
which it has failed to do. ( Ponn. Co. vs St ;
Louis. Alton & W. Kailroad , 118 U. S. , 291. )
In the opinion of the majority of the court
Jn thnt caso-itis said : "Wothlnk It may bo
stated as the Just result of these cases , and
on sound principle , that unless specially
authorized by its charter , or aided by notno
other legislative action , a railroad company
cannot , by Icasa or nny other contract , turn
over to another conlpany for a long period of
time , Its road and nil Its appurtcnancos , the
use of its franchises nnd the oxorclso of Its
powers. Nor can nny ether railroad com
pany without similar authority make
n contract to receive and opor
nto such road , franchises , and property
Of the first corporation ; and that such n
I contract is not among the ordinary powers of
n railroad company , and is not to bo pre
sumed from the usual grant of powers in n
railroad charter. " Tim , In our view , is a
correct statement of the law.
In Thomas vs Hnllroad company , 101
II. S. , 71 , n railroad company In New
Jersey had leased its road , franchises
nnd property for 5 period of twenty
years , giving the lessee complete control
thereof , and received as rent one-half the
gross sum collected by the lessee from the
operation of the road. The decision turned
upon the power of the company , under its
corporate authority to malco the lease. The
Jcssccs insisted that a corporation may at
common law do nn act which Is not either
expressly or Implledly prohibited by its
phnrtor. To this the court responded : "Wo
do not concur In this proposition. Wo take
the general doctrine to bo in this country ,
though there may bo exceptional cases
find some authorities to the contrary ,
that the jwwers of corporations organized
under legislative statutes , nro such , nnd such
only , ns those statutes confer. Conceding
the rule applicable to nil statnlcs , that what
is fairly Implied Is as much granted as what
is expressed , it remains that the charter of n
corporation is the measure of its powers , nud
thnt the enumeration of those powers im
plies the exclusion of nil others. "
The doctrine ns above stated meets our
hearty approval. If the allegations of the in
formation arc true , and they nro to bo so con-
{ lidorcd on demurrer to the Information , the
defendant induced the people along its line ,
from the Kansas border to the city of Lin
coln , to grant liberal nld for the construction
Of the rond. Every piece of laud subject to
taxation in the counties along the line of said
road nro , practically , mortgaged by the issu
ing of bonds to aid in building it. The inter
est has , presumably , boon paid on thosu bonds
to the present time. Many of the settlers
nlong such road when the bonds wcro issued
xvcro pioneers , struggling with the
hardships , poverty , privations and dif
ficulties incident to a now country.
To many of them , no doubt , the taxes
necessary to meet the interest , and amount
required for the sinking fund , has been a
burden. And to every one the tax was voted
to aid in constructing nnd operating an inde
pendent linn of railway. That was the con
tract of the parties , and the state would bo
ucrollct in its duty if it did not compel nn ob
servance on the part of the defendant
of its duties. The defendant , however -
over , having obtained this bonus , sought to
surrender all its powers , rights and fran
chises to another corporation for the period
of 009 years. So far as the defendant is con-
perncd , it has ceased to operate a railroad ,
und the charge of mlsusor and nonuscr
plainly appears on the face of the record. It
is not the policy of the law to allow a rail
road company , organized ns an independent
line , to procure aid on every hand in that
character , and , after the road Is completed ,
bell out to the highest bidder. Honorable
nnd fair dealing' are ns essential in the deal
ings of n railroad corporation with Individu
als and the public , in the construction and
pporatlon of its road , as between Individuals In
fclio affairs of Hfo. A railway" company can-
xiot bo permitted to net In had faith with
these from whom It has received aid , upon
certain conditions. Having received the con
sideration , it must perform its part , and the
parties are entitled to n liberal compliance.
And while u lessee in n nropor case , or as
signee , or purchaser , will take a road bur-
pcncd with the conditions , obligations and
duties assumed by the original corporation ,
yet there can bo no such transfer by lonso ,
nsslgnmcnt or snlo , without express statu
tory authoiity , and. as wo 11 ml no such au
thority , and the defendant has been guilty of
inisuscr nud nouuscr of Its franchises , they
nro subject to forfeiture.
2. Wo have placed the decision entirely
upon the statute , but there are other grounds
which'will now bo consldorod. Section U ,
article 11 of the constitution provides that "no
railroad corporation or telegraph company
shall consolidate its stock , property , Iran-
'chlses or earnings , In whole or In
part , with nny ether railroad corporation
6r telegraph company owning n parallel or
competing line , and in ud case shall nny con
solidation take place , except upon public
notlco of at least sixty days to all stockhold
ers , In such manner ns may bo provided by
law. "
Section 5 nlso provides thnt "No railroad
corporation shall issue nny stock or bonds ,
except for money , laborer property actually
received nnd applied to the purposes for
which such corporation was created , nnd nil
stock , dividends and ether fictitious Increase
of the capital stock or indebtedness of any
such corporation shall bo void. The capital
stock of railroad coriwrnttons shall not bo
Increased for any purpose , except after pub
lic notlco for sixty days , in such manner as
mnv bo provided by law.
This In nn absolute prohibition ngnlnst n
railroad corporation consolidating its stock ,
property , franchises or earnings , in whole or
in part , with any ether railroad corporation
owning n parallel or competing line. The
word ' 'consolldalo" Is hero used In the sense
of "Join" or "unite. " The constitutional
convention aimed at practical matters. The
character of the title of the parties operating
n railway Is of but llttlo moment to the
general , public , whllo the requirement that
different roads shall continue to bo compet
ing lines ns when they wcro constructed , Is
of the utmost Importance to nil. The
law cannot bo evaded , therefore ,
by substituting n lease for n deed
of conveyance. It will bo observed thnt
thcro nro two classes of railroads to which
the prohibition applies , viz. : parallel and
competing. As to what are parallel roads Is
not now before the court ; uut that the defendant -
fondant was n competing road Is alleged in
the information , admitted by the demurrer ,
nnd clearly shown from the record. It was ,
therefore , clearly within the inhibition of
the constitution , and neither its stock , fran
chises or earnings can bo Joined to any other
competing lino. The prohibition against the
Jolntter or these prohibits the leasing of such
roads. Competition can only bo had by se
curing competing lines , and thus prevent n
monopoly in the operation of the roads ; nnd
this it did by prohibiting the purchase or
control of parallel or competing roads under
the same management. As the defendant
Was organized prior to the adoption of the
constitution , it Is claimed that It would not
bo subject to this restriction. Thcro Is no
force , however , in this objection. The cor
poration was orgnni/cd to build nnd opornto
n railroad from the Knnsns line to Lincoln
nnd Columbus. Thnt was the very purpose
of its being. It had no authority to lease its
road under the statute , nnd was therefore
deprived of no right , nnd the constitutional
inhibition applies to it.
The attorneys for the defendant contend
that section 5 , article 11 , of the constitution
applies more particularly to stockholders. It
has a much broader scope , however. It was
Intended to restrict the Issue of stock and
bonds to the actual consideration received.
One of the objects of the provision -
vision was to enable nil parties to
know the actual cost of nil railroads within
the state , so that the legislature In providing
for taxing them , nnd for regulating the
charges for transportation of , persons and
property , may bo enabled to do so advisedly ,
and pass laws which shall bo Just , alike to
the railroad companies , th6 public and indi
viduals.
Inanyvlow of the case , therefore , the do-
fondant's franchises are subject to forfeiture.
The court will not. in the first instance , how
ever , declare a forfeiture ; but the lease will
bo declared void.
The demurrer Is overruled and the defendant - ,
ant has lenvo to answer by the first day of
tbo next term of court.
Order accordingly.
The other Judges concur.
SOUTH OMAI1A NEWS.
Sunday's Bnll Game.
Sunday next , South Omaha sports will
have a chance to see what their ball club Is
made of. The first championship game of
the season , will bo played with the Mctz
Bros , nine , and the game will bo called at
8:80. : The batters position of the South
Omaha nine will bo as follows : Molrncry , o.
f. ; Faber , c ; Kennolly , s. s. ; Whltlleid , 2d
b. ; Hughes , p. nnd captain ; Hart , 1st b. ;
Russell , r. f ; Kelly , 1. f. ; and Daly , 3d b.
Ono More Unfortunate.
A melancholy procession meandered up N
street yesterday and attracted more than
ordinary attention. A sad looking mule
slowly followed n man armed with a spade ,
and once In a while turned around to look re
proachfully at Officer Dixon , who brought up
the rear nnd endeavored to hide a gun from
the aforesaid mulo. The mule was going to
Its own funeral , and seemed to know it. It
was suffering from an attack of glanders In
the worst form , and had been turned loose by
its unprincipled owner to contaminate all the
live stock In South Omaha. At a preliminary
hearing Voterinarv Surgeon Lompko sen
tenced It to bo shot , nnd li was shot. Nowtjio
citizens nro trying to find out the owner , and
If they nro successful that owner will receive
all the law allows. Ho deserves it ,
The GAH Question.
Doubtless the question of granting a fran
chise to some gas company will como up before -
fore the council to-night , nnd it may
bo as well to state that white all three ap
plicants for the franchise mean business ,
they are not prepared to give everything and
receive nothing. It is for the council to say
whether or not they are asking too much.
Ono thing is certain , and that is , South
Omaha wants her streets lighted , and that
as soon as possible. There Is no use In voting
ing down every proposition that Is made ,
merely because u "gas" company has made
It. The question is merely this : The city
wants to bo lighted , three companies want to
light it , and the council wants to see that the
citizens got the greatest posslblo bcnolit for
the money they spend. They are not asked
to oTcr ( factious opposition , but to make the
best bargain they can under tliu viicum-
stanccs , and got the city lighted.
How They Stnnil.
The city finances nro In n much better
shape than 001110 croakers care to admit.
There are enough funds on hand and enough
taxes duo to pay all salaries and floating in
debtedness , and the present Judgment
against the city does not amount to $1 per
head. The only trouble was that South
Omaha grow mtfch faster than Its most san
guine friends expected , and ns ft matter of
course the expenses grow In proportion ,
This lott the old council In dobt. but the pres
ent members realize this , nnd ftro already
taking steps to prevent a llko mishap. It
can bo token ns official that South Omohn ,
with nssesslblo property , worth over * 5,000-
000 , with n population of about 8,000 , nnd
with prospects brighter than , these of nny
other city in the west , owes about f9,000.
NOTCH About tlio City.
The board of trade mccts Saturday night.
r Frank Pavonka 'is nt Louisville on
"biz. "
W. L. Holland made * a business trip to
Lincoln yesterday.
The annual ball of the A. O. H. comes oft
In Hunt's hall May 10.
So far applications have been made for
fifty-three saloon licences.
Kalph Wilson , n Greenwood merchant , Is
In the city and may locate.
The city council will meet on Friday night
not Thursday , ns previously stated.
L. Carpenter Icnvos for the prohibition
slate in the Interest of the Odd Follows.
Justice Levy claims that Winters was ma
liciously hold nnd prevented from obtaining
either bonds or anything else. As stated , the
charge Is ono of fraud and It will bo fought
out in the courts. A writ of habaos corpus
Is now bolng applied for.
' 'If n man don't open his eyes ho opens his
poclfot book , " said a loading legal luminary
yesterday referring to n South Omaha law
suit. L.ot the uninitiated take warning.
South Omaha democrats hold their prima
ries on Saturday night , between the hours of
5 and 7 p. m. , at the Exchange hotel. So says
Chairman McMillan , officially. Delegates
for St. Louis will bo nominated.
Shooting along the streets is becoming alto
gether too promiscuous , and this afternoon
Justice Levy will listen to the evidence in
the case of the State vs. Horton. Ono shoot
n wcok is too muco for the law-abiding citi
zens.
It was funny. Judge Heuthor called up
Justice Levy ns a witness In the Winters cnso
yesterday and both the Judge nnd the
Justice started to read out the oath to each
other. Of course Judge Rcuthor lead the
call , and as soon as they got as far ns "I do
solemnly swear" they both swore off , nnd
the oath was duly administered to Justice
Levy. The result of the trial was that Win
ters was bound over to the district court in
the sum of { TOO and at present has not fur
nished the $700.
Don't Got On u fill t
This spring with your blood full of im
purities , your digestion imnnrcd , your
nppottto poor , kidneys and llvor torpid ,
and whole system litiblo to bo prostrated
by disease but got yourself into Rood
condition , and ready for the changing
and warmer weather , by talcing Hood's
Sarsapnrilln. It stands unequalled for
purifying the blood , giving nn appetite ,
and for a go n oral spring inodiclno.
Will Keep Ills Stock.
Frank Murphy , president of the Nebraska
National bank , has returned from Now York
after an absence of some weeks. Ho states
that there Is no foundation for the rumor
that Mr. Clark is about to sell bis horse car
stock to the Metropolitan cable lino. Mr.
Mandorson of that company is expected hero
in a couple of days , it is presumed to take
some steps to recommence the building of
the road which was undertaken last season.
Ilnd a bilious attack nnd ono of these
Indescribable cases of constant weari
ness. Took quinine and ether remedies
without roliof. Took Dr. Johnson's
Kcd Clover Tonio ; am strong and well.
Asa Thompson , Logan , Ohio. C. F.
Goodmau Drug Co.
Enlarging tlio Sewers.
A mooting will bo held at the board of pub
lie works room this afternoon to open
the bids for the placing of sewers In sewer
districts 00 , 07 and 03 , nnd nlso for the re
construction of sewer No. S , which is in the
alley between Farnain and Harnoy streets
from Seventeenth to Eighth streets. Tlio
now sewer that Is to bo put in will bo a fifteen
Inch pipe from Seventeenth to Thirteenth
strccth and a twelve inch pipe for the re
maining distance in lieu of the six inch pipe
that has been in uso.
Its superior excellence proven in millions ol
homes for more than a qunrtor of a century. It
Is used by the United States Government En
doroed by the heads of the great untvot allies as
thn strongest , purest and most healthful. Dr.
1'rlro'H Cream linking Powder does not contain
ammonia , limn or alum. Sold only in cans.
PHICK 1IAKINO POWUEH CO. ,
NowYok. Chicago. St. Louis.
Who ll WEAK , NERVOUS. ttKIUMTA.
TKD , who In hU FOI.I/T and IGNOBANCF
hai TRiri-KO awayhli , VIGOR of BOOT ,
HIND and MANJlOOn.eixtuIng exhanMInc
dralni upon tha FOtmTAIHH of 1,1 FK ,
HEADACHE , nACKACHR , Dreadful
Preamii , WJeAKNr.SS of Meraorr , HASH *
rVLTfEftll In HOCIRTT , PIMPLES upon
the FACB , and all the EFFECTH leadlmr to
KAHI/T DEOATand rrb pi COltNUMP.
TION or Ilf HAKmr. ihonia ooniult at once
the CKI.EI1RA.TF.D Dr. Clarke , Ettahllihcd
1BR1. Dr. Clarke ha med * HERTOUS I > E-
BItlTT. OHRONin and all DlicasM of
the UKNITO URI1VART Orrani a Life
Htndjr. It make * HO difference WHAT you
6 T taken or WHO hat failed to curt jou.
* * FBMAI.KS iuI6 ( ring froB dlneaicipecu *
liar to their or ean coniult with the assurance
cf ipeedr relief and cure. Send 2 cent * potteja
for works on Tour dtiouei.
/O-ScnS 4 ecnts poetaffe for Cele1irnl d
Worhn on Cbronlo. KerToni and Dell >
tnte DltcMCJ. ConinHatlon , pcnonallr or bjr
lelUr , n-ec. Coniult the old Doctor.
Thoninnd.i enrcd. Office * and nnrlora
private. jQ-Tho < e contemplating Warrlngs
nd for Dr. Clnrko'a celebrated euldo
Hnl and romnle. each lie. , both 25c.
( jttampi ) . nefoiti confiding your cane , coniult
Dr. CLARKK. A frlendljr letter or call mar
tare future suCteringaml ihamo , and add colden
yean to Ufa. eBook MfcM (6ecr ( n F.r.
ror , 60o. ( stampi ) . Medicine and writing *
lent orerrwhcre , leouro from cxpoiuro.
Honn , 8 to 8 : Bundajri , 9 to 12. Address ,
F. > . OIiAKKE , M. D.
180 So. Claris SU. OHIO AGO , ILL.
EXHAUSTED VITALITY
mns scinNCE OF UKK , the
* great Mctllcal Work of the
ago on Manhood , Nervous nnd <
PhjElcal Debility , Premature
Decline , Erroriof Vouth , and
thountoldmlscrlci consequent
thereon , 900 pages 8vo , 12S
prescriptions for nil diseases.
Cloth , full tflt , onlr S1.001 bj"
tnall , scaled. Illustrative Bamplo frcb to all young
and middle aged men. Send now. The Gold anil
Jewelled Modal awarded to Uio author by the Na
tional lied leal Association. Address P. O. box
1S9J , Botton , Mass. , or Dr. W. H. PAHKEUgraa
Uatoof Harvard Medical Colloee,23ycars'practleo
In Boston , who mar be consulted conllJcntlally
BpoclaUyDUeascaof llan. OfllcoNo.4 uUuichiU
tNACOUAINTED WITH THE CEOORAPHVOP WE COUNTRY Will
OBTAIN MUCH INFORMATION rROMAftTUDVCF THIS MlPOFTHK
CHICAGO , ROCK ISLAHD& PACIFIC R'Y
IU main lines and brooches Include cmcAGO ,
PEOIUA , MOLINE. BOCK IDLAND. DAVEN
PORT. DBS MOIHES , COUNCIL BLTJIT8. KTDS-
OATHTE. KANSAS 01X7.8T. JOSEPH. LEAV-
ENWOB.XH. ATOHISOK. OEDAB BAPIDS.
WATEBXiOO. MUmEAPOIJB. Bad 8T. PAUL ,
and Bcoroa of Intermediate cities. Cholco of
routes to and from tbo Pacific Coast. All trans
fers In Union donoto. Fast trains of Fine Day
Ooacho. elegant Dlnlngf Con , magnificent Full-
man Palace Bloopore , and ( between Chicago. Bt.
Joseph. Atcntson and Kaqsaa City ) Reclining
Choir Cora , Seata HreoJ' to holdoro of through
flnt-cloaa tickets. ,
Chicago , Kansas & Nebraska R'y
"Groat Rook Island Route. "
Extends West and Boutlttoeet from Kansas City
and Bt. Joseph to NELSON. HORTON , . BELLE-
VTTiTiT ! . TOPTTKA , HEUINOTON , WICHITA.
HTJTCIUNSON , CALD'WELL , and all points in
KANSAS AND SOUTHERN NEBRASKA
and beyond. Entire paoaoneer equipment of the
celebrated Pullman manufacture. . * " safety ap
pliances and mod rn improvements.
The Famous Albert Lea Route
Is the favorite between Chicago. Bode Island.
Atcnlaon , Kansas City and Minneapolis and St.
Paul Its Watertown branch travonea the great
"WHEAT AND DAIRY BELT"
of Northern Iowa , Bouthweetern Mlnneoota , and
East Central Dakota to "WaUrtown , Spirit Lalto ,
Bloux Falls and many other towns and cities.
Ihe Short Line via Oonoca and Sankakee offers
tuperlor facilities to travel to and from Indian-
opollB , Cincinnati and other Southern point * .
For Tickets , maps , Folders , or dealred informa
tion , apply at any Coupon Ticket Office or address
E. ST. JOHN , U. A. HOLQROOK ,
Gen'l Mnoaeor. Oon'l Tkt. & Paso. Agfa
CHICAGO , ILL.
State Line.
To Glasgow , Belfast , Dublin nnd Liverpool
From Now York Every Thursday ,
Cabin passage $40 and ? M , according to location
of state room. Excursion { 05 to $75.
Steerage to and from Kuropo at Lowest rates.
AUSTIN BALDWIN & CO. .
Gen'l Agents , ( U llroadway. Now Vork.
JOHN BLEGEN.Oen'nVesteiu Agent ,
101 Handnlph St. . Chicago.
HARRY E. MOORES , Agent , Omaha.
HemarkaMe for powerful flrmpa-
thotlc top" , pliable action and ab-
Bolute durability. A ) yeiirsTrgcord ,
the best guarantee ot the excel-
leuce of these instruments.
BRING THE BOYS
This will bo a wcok of rnro opportunities for parents nud all those who have boys to
clotho. AVe will make a special effort in our 13oys' department and will show some bar
gains which will eclipse anything over before attempted.
Childrous' Blouse Suite with beautiful embroidered collars , in sizes from < t to 10 , at 06o.
This suit has never been sold for loss than $1.50.
Knee Pant suits of all wool cheviots , splendid patterns , handsomely gotten up , sizes from
4 to 13 at $2.7 . Other houses would surely ask for such a suit , at least $5.
Fine Blue Flannels , warranted indigo blue , beautifully plaited , sizes 4 to 12 ; as good a
suit as is usually offered for $5 or $0. Our price is $2.95.
Wo shall also offer this week some extraordinary values in Long Pant Suits.
Elegant Cheviot suits , strictly all wool , of handsome colors and styles , well made , Hizos
from 12 to 18 , at $4.25. The actual value of this suit is almost double.
Our Long Pant suits run up to 18 , and wo can fit in our boys' department , at boys' suit
prices , large sized young men , who would elsewhere have to pay for mons' sizes.
In place of a useless toy , usually given away to the little ones , wo will this time give
a benefit to mothers who will appreciate such a bargain and remember us long for it.
FOR ONE DAY ONLY.
On Wednesday , May 2 , wo will offer 2000 pair good knee pantt from 4 to 12 , worth
50c ; at 15o a pair. Make no mistake ; these are no trash , but good durable pants , such as
are sold by first class houses for 50o and more , and such as wo can honestly recommend.
Wo intend that these pants shall bring us thousands of little customers in the future ,
and we could not expect to make customers with a poor article- Remember for one day
only and two pair to each customer is the limit. Out of town parties who order these
pants by mail must enclose postage.
One Price Only. No Deviation.
Corner I4th and Douglas Streets. Omaha.
-TUB
OFTI1E
Chicago , Milwaukee & St , Paul R'y. '
The Best Route from Oniaba and Council
Bluffs to
- = = = THE EAST = = = -
TWO TIIAIN8 DAILY BETWEEN OMAHA AND
COUNCIL ULUFFS
Chicago , AND Milwaukee ,
St. Paul , Minneapolis , Cedar Rapids ,
Rock Island , Frccport , Kockford ,
Clinton , Dubuquc , Dnrcnport ,
Elgin , Madison , Jtmcsrllle ,
Bclolt , Wiuona , La Crosse ,
And all other Important points East , Nortuea t and
Southeast.
, through tickets call on the ticket agent at MOl
arnam street , in Barker Illock , or at Union Pacific
Depot.
Pullman Sleepers and the finest Dining Cars In the
worlil are run on tlio main line of tbo Chicago , Mil
wankco ft t. Paul llallirar. and evcrj Attention 11
imlil to paasonger by courteous ouiplofci of tba
company.
H.Mll.I.KH. Onoml Manager.
J. F. TUCKKH , A sl lant General Mnnsuor.
A. V. U. CAIU'KNTEH , General Passenger and
OKO. l ! HKAKFOnD , Assistant General Passenger
and Ticket Aeent.
J.T. CI.AIUt General Superintendent.
$3E
, , combined , tiuariuiieaatha
only one la tba world pcn ffLtlJi
continuous fleetrle A Haentlla
% . - Vurr Ml. Bo10ntflc , Powerful , Dar bl
Oomfortabli nl ( ff ur , Arold trendA
Orer 0.000 aurta , 6cDilHttrnp forptrnpalot ,
ALSO KLBWltlO JjfeK/riS FOB WlBfeABEk
til. HQRME. laViMTdlU IB1 WABA3M AVt HICMO ,
Dissolution Notice.
This Is to certify that the copartnership here
tofore existing between Z T. Lindsay nnd Henry
fiwan Is dissolved by mutual consent. Henry
Swan retires and / . T. Llnilsoy will continue the
business of selling rubber boots , sliotH , etc. , at
wholesale at 1111 Hnnicy street , Omaha , / . T.
Llndaey assumes all liabilities of the late tlrm
of 7. . T. Llmlsey & Co. , and Is to collect all
monies and credits duo said llrm.
Omaha , April W ) , 1888. Z. T. LINDSM3Y.
HUNHV SWAN.
E.T.Allen , M. D. ,
Homoeopathic Specialist ,
THROAT
AND NOSE ,
Epectaclea Accurately Prescribed ,
JSAMGE BLSJL , OMJLIUL\ \
TigrffjrjinTTMKTiiliiWTilT
w.
Surgeon and Physician ,
Office N.V Coiner Hth nnd Douglas St. Offlco
telephone , 405 ; Kesldeiico telephone , COS.
PEERLESS DYES
One Per Cent , Cash , Then i Per Cent. Each "YVeek Thereafter Until Full Amount is Paid ,
SECURES A BUILDING LOT IN THE GREAT GAS
J'orlland , the county seat of Jay County , Indiana Is halfway between
Wort Wayne and Richmond. analJfi miles from , Cincinnati by rail , or
tibout UO miles In a direct line. It la In the very heart of tha largest con-
inuous dlHtrlct of natural gas-benrlnn land In the world ; a district which
} i < m been developed tind tested by hundreds of gns wells , demonstrating beyond -
yond all doubt that the gas supply Is inexhaustible , and Its quallly forfeul
find illumination unsurpassed. The gas wells now In u.se at Portland ,
ttavo an output of over , 'f,000,000 cubic feet dully , and this supply may be
increased ad injlnitum.
Large manufacturing establishments have been locating In this gas field
tit the rate of one per week from the date of Its certain development. The
city offers FREE GAS TO ALL MANUFACTORIES , and an effort Is be
ing made to have-the city supply same free to families. This will insure
yllKK LIGHT and FRISK FUEL to all.
The most densely populated districts in Europe are over the cheapest fuel ,
( tnd eventually the densest population In the united States will be In this
K'The Grand Itapldvi& Indiana Railroad and the Lalce Erie < C Western
yyullroudglve Portland a North and Southand East and U'est outlet. The
yjiintry In one of the richest agricultural and ttocJc-ralslng counties In the
tate , Portland , with about aOOO population , has jlne-rubllo Schools , a
formal College , three A'ewspapern , seven Churche , two Jtanhs , two line
yiotels , besides leaser ones , an Opera House , and doey a large wholesale , ro-
atl , and manufacturing business.
The Evans addition adjoins the north line ofl'ortland , and lies directly
on the principal street of the town , das ivclls are within lOOf'eet , and lay
at the southeast and southwest corners of this addition , while Just west of It
is a ON1S irUNURKl ) HAllllKL OIL WELL.
Lots are offered In this subdivision upon tha following terms vis. : 1 per
cent each week thereafter ( or more If so desired by purchaser ) until fall
amount Is paid , when a warantee deed will bo executed for the property ,
A rebate of lOper cent will be made for all cash In advance- The title to
the land is perfect. On receipt of jlrst payment a bond for a- deed will be
forwarded to the purchaser with the'amount duly credited ; also a large
plat of the property and township map showing tne exact location of the
addition.
The lots are % rtyn4O and larger , fronting on GO / / , streets with 1Kft. \ .
alley , equal In value to lota selling in other localities of the gas belt at
ilOO.OO , thuamalilnu it a magnificent opportunity to people of small
means of adding very greatly to their wealth In anhort time , and in no
event can prove other than a safe Investment , We advise taking two or more
lots , to secure a good frontage. 2'ncro are 12 lota to abloch :
We offer lota at prices as follows : $ SO , $ eS , $ ( iO , GG , $7O , $7G , and $80
each , without interest , and taxes paid by UN during the time the lot ia be
ing paid for. Meridian Street lots are &UO ind $1OO ,
If any application Is received after all lots arc dtspopcd of the money In
closed for jlrst payment will be returned , JVb attention paid to inquires
unless the 1 per cent for lot Is Inclosed.
Remember , the number of lota Is limited , and "flrst conic , first served. "
THE CHICAGO AND
NORTH
W mm.tiff
Omaha ,
Council Bluffs
And Chicago ,
The only road to take for Dos Molnos , Marshaltotrn
Cotlnr Itaplds , Clinton , ptiun , Cblcnco , Milwaukee
And oil pofnu Kant. To Hip people of Nebraska , Colorado
radovyoralnc. . Utah , Idaho , Nevada , OrcBon. Wain-
InKton nnd California , It offers superior ad vantages
not possible by any otber lino.
Auionu o tow or the numerous points of superiority
cnjoro'l ' by the patrons of this road betnecn Omaha
anil Chicago , are Its two trains a day of DAY
COACHK3 , which are the finest that human art and
Icaenulty can create. Us PAtAUKSI.KEI'lNa CAHS ,
wfifcii ore models of comfort and elCKAnco. Its 1'AIl-
LOH DKAWING IIOOM CAIWunvirpa se < l by any ,
and Its widely celebrated PALATIAL IJINl.NU CAUH ,
the equal of which cannot be found elsnwhcrc. At
Council lllnffa. the trains of the Union Pacific Kail-
wiiy connect In union depot with these of the Chicago
cage & Northwestern Ity.1 In Chicago the trains of
this line make close connection wltli these of all
other KaMern lines.
For Detroit , Columbns , Indianapolis , Cincinnati.
Niagara Fulls , DufTaln , Plttsbnrz , Toronto , Montreal ,
Iloston , New York , Philadelphia , llattlmoro , Wash
ington , und all points In the Kust. Ask for tlckcu via
"e
"e"NORTHWESTERN"
"NORTH-WESTERN"
If you wish the best accommodation. All ticket
oKenU sell tickets via this lino.
II. 1IUOHITT. K. 1' . WILSON ,
Qen'l Mutineer. Ocn'l 1'uss'r Agent.
onroAoo , n.i/i.
W.N. BAnCOCK. Gen'l. Western Alfent ,
D. E. KIMU AM. , Ticket Agent.
O. F. WKSr. City Passenger Agent.
1401 Farnain St. , Omaha , Nub.
Proprietor Omaha Business Collage ,
IN WHICH 18 TAUGHT
Book-Keeping , Penmanship ,
Commercial Law , Shorthand , Telegraphing
and Typewriting.
0 n < l for Cuilcpe Journal.
S B. Cor 16th and Capitol Avenue
FOEHTAIN
BK.A2STI3S
E CUX AND fl
Incomparably the Doot.
Health is Wealth !
DII.B 0. WEST B NBRVB AND TinAm
KENT , a guaranteed speciuo for Hysteria , Dizzi
ness. Convulsions tfits. Nervous Neuralgia ,
Headache , Nervous Prostration , caused by tli
nso of alcohol or tobacco. Wakcfulnoss , M&ntal
Depression , Softening of the Brain , resulting , '
Insanlty.nnd loading to misery , decay and deal
Premature Old Age , Darrinnes * . Loss of PoWu
In olthcr sex , Involuntary Louses and Spermw
torrhroa caused by ovar-oxortlon of the bralttf
self-abuse or ovor-lndulconeo. Kach box cot-
tains one month's treatment. 91.00 n box , or sfit
boxes for Ji.OO.sont by mall Prepaid on receipt
ofprlco.
ofprlco.WE
WE GUARANTEE SIX BOXES
To cure any caso. With each order received by
us for six boxres , accompanied M.OO , rrd will
send the purchaser our wrttton guarantee to roi
fund the money it the treatment does not offiict
ft cure. Guarantees Issued only by C. V. GOOD.
MAN. DruggistBolo Agent , 1110 Barnaul Btreotr
Omaha. Neb.
pltOPOSALS TOn pniNTINO ireadmtar
JL Department of the PlatU ) , Ontef Qua'
master'a Olllce. Omaha , Neb. . MMca 00 , ll
Seated proposals , in triplicate ; , subject to the
usual conditions , will bo received at this offlco
until 1 o'clock p. m. ( central standard time ) , ori
place they will be opened In tno presence of bld-
montreioVvostherlKbtto reject nny or all pro.
posals received. Ulank proposals , form of coriJ
tract und printed circular glvlnu full Informa
tion as to the work required , conditions to bo
observed , terms of contract and payment will
bo furnished on application to tliln ofllco. ErW
volopoi containing proposals should bo marked
" 1'ropoinls for 1'rfntliiir , " nnd addressed to th
undersigned. WM. 1J. UUOHE8 , Chief Quarter
master. m30Hta2 ( < K7 !
Ululul luliiuiuii lyuuiii
U. S. DEPOSITOEY , OMAHA , NEB.
Paid Up Capital , - $2BOOOO
Surplus , - BO.OOO
II. W. YATua , President.
LEWIS B. HEED , Vlco-Preatdent.
A. K. TOUZA.I.IN , 2nd Vlco-Prcsldent.
W. H. S. Huaiins , Cashleo-
uiiiKCTOiis :
W.V MOUSE , JOHNS.COM.I.NS , .
II. Mi YATES. LKIVIS S. llur.u ,
A. E. TOU2JLLIN.
flanklnft Offlco
THE IRON BANK ,
Cor. 12th mid Faruam Sts.
A Goucial liaukltm llusmesa Transacted.
\A/C A If HQF'DR'iirTerinfffromtha ef.
lit Ctin EM Rq Fa fcci. ofyauiiicui cf.
InanTSxKl , etc. I will .nflu luilifo tri-Mlne ( iwVlnl )
coDtaljiInt- full imrtlculara fur lioaio cure , tn ot
CpnOF. Fl'cil'FOWLER , Mooduo. Conn.
PORTLAND , Ind. , March 1 , 1888.
J. have mmte the survey and plat of the laml comprised In the Kuans ad-
tlltlontothc City of Portland , , Tau County , Intl. , and hereby certify that
there la not a lot in antd nubtllvlalon that la not Bitt table for bnlldiny pur
poses , andaasccptlbleofoiiodtlralnayc. The subdivision adjoins the cor-
poratton line of the city , meridian street , wlilchpaasea throunh the pro
perty , lathe principal Ktreet ofthe city , and the main thoroughfare of the
county leading Into the city. Sixteenth street Is also on Important hlyh-
tvay , C. IS. ROGEJtH ,
JZx-Coitnty Surveyor and present City Civil Jinylneer ,
We , the under'8lanedare ' familiar with the above-described property , anit
indorse tlie forcyolny statements In reference thereto.
THXOJWltKBdlLy , Mayor of the City.
N. If. HAWKINS , Asst. Cashier Citizens' Manic , ; j
JP. M. IIEAHN , Abstractor.
jr. It , LGWiiIE , 1'ostmaster.
A. H. EVANS ; Trustee , Portland , Indiana , or 76 Johnston Building , Cincinnati , Ohio
a -AJ