Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 5, 1889)
f- I THE OMAHA DAILY BEE.'vSATURDAY , JANUARY 5. 1839. SENATORS IN CONFERENCE , County Suporlntondonta Discussing Nooclod Glmngoa In School Laws. SUPREME COURT PROCEEDINGS. Nebraska Slicrlnx A k n More Definite l < nvr ItcRnrdltiK 'i'liclr Kern Now Btato ( Jfflulnls nt Iliuli- Ijlncnln NOIVH. LINCOLN DUIIEAU or THE Oviiu HUB , 1029 1 > STIIEKT , LINCOLN , . .Inn.4. . A dozen or more county sTii > crliitcndcnU Were in confcrcnco with tlio stnto auporlii- tondcnt to-dav nt the Btato house. Tlio moot ing was called by Superintendent Ltuio two or three weeks HKO for the pnrposo of con sidering so'ino of tlio needed changes in the fldiool law. Other matters of Itnportanco to cdiicutlonal circles xvero nlso disenssed , It vus decided torci-ommond to the legislature Hint the nnnunl meeting for the ulvctloti of illstfict ofllcorstflth such other dumbos In the statutes as may ho necessary to liannon- Ire tlio work of the county treasurer , clerk and commissioners , relating to thu change as contemplated , ' The educational hcnda In conference nlso think" It best for an enact ment lixiiiir n date , not later thuti July 15 of each year , for district census reports and return of the tax lovy. Some other changes in the school law will bo recom mended. A committees of four to net with the state suinrlnlondcntrwho is the chairman of the coiii.niUce , was r p- pomU'd to attend tlio IcKl-slntivo sessions to superintend school legislation , via : Melvin - vin , of Ncinnhn , Hurkctt , of Sow- iird , French , of Saline , mid Clary , of ' Otoe. It is barely possible , however , that k' the lawmakers of the state may see lit to en- RinccrtlielcKislnUon of the session of ' 8H , without outsldo superintendence. It is Riven out that tlio conference of superintendents , which closed to-day , advises tlio location of two more state normal schools , ono in the .Second congressional district and the other in the Third. This recommendation breeds laruo appropriations , and it 19 possible that it will enucnder a few vigorous kicks on the part of economist ! ) if nothing more. So far as heard from the advleo does , not receive general approbation , nml the necessary up- jirouriaUons will hardly receive a hearty aye find amen. County superintendents as fol lows were in attendance : S. A. lloyd , Antelope county ; Albert Snare , Hullulo county ; * K. A. EnriBht , Uoono foiinty ; .1. A. Doylas , Urown county ; \V. C. Walker , IJutlcr county ; 1C. K. Shrom- way , Cedar county ; I. . . C. Spanilcr , Coif ax county ; Uayton Ward , Dixon county ; A. (1'Allcmand , Fiirnas county ; 14. H. Uarton , k'f Hamilton county ; C. A. Manville , Holt county ; E. 1J. Cowles , .lefferson county ; Mrs. M. A. Council , Kearney county ; Frank D. McClusky , Lancaster county ; James \V. French , Nuckolls county ; AVilllam M. Clary , Otoo county ; L. .1. Cramer , Plutt county ; .1. D. Kronch , Saline county ; O. Dooley , Saundcrs county ; (3. I'1. Burnett , Sewiml county ; J. W. Henderson , Washing ton county ; W. 13. Howard , Wayne county. HLTliH.Mi : lOt'KT NIIWS. Court met purBiiant to adjournment. The following gentlemen were admitteed to prac tice : II. WuduGillls , Charles A. Heady. The following causes were tirjjuod and BUbir.ilted : Sterling vs Pearson , Volkor vs IJanlf. Uriel's to lie llled. Court adjourned to Tuesday , January 8 , 18Sl > , at 8 : 0 o'clock u. in. Latham et al vs Schaal. Error from the dis trict court of Sarpy county ; alllrmeil. Opinion h.v Hecsu , ehiof justice : 1. The verdict of n jury was set asldu and n new trial granted upon the motion of the f losing party , which motion was based upon a ? number of assignments , among which wore misconduct of the jurors anil that the ver dict was not sustained bysudlcient evidence. In the absence of a bill of exceptions , show ing what the evidence was , it is presumed that the decision of the court in granting anew now trial , was correct ; the journal entry not nhovving the toabons for which the verdict was set aside. 2. "Influence to vitiate n will must bo such ns to amount to lorco anil coercion , destroy ing the free agency of a testator , and there must be proof that the will was obtained by coercion ; ana it must bo shown that the cir cumstances of its execution nro inconsistent with any hypothesis , but undue influence , which cannot l o presumed , but must bo proved and in connection with the will and not with other things. " Bradford vs Vln- ton ( Mich. ) 20 N. W. K. , 401. 8. In the absence of a cppy of tlio will , in the bill of exceptions , the supreme court cannot say whether the property was im- jirovidciuly distributed , and owing to such absence , it cannot bo presumed thai the dis trict court erred in excluding the evidence ns to the financial condition of some who would naturally bo the recipients of tbo bounty of the testator. City of Omaha vs. Krainar. Error from the district court of Douglas county. Kovorsed and rcmandeii. Opinion by Maxwell , J. 1. A witness called to testify to the dam ages to certain private property from the location and construction of a public im provement near it , may btato what the property was worth immediately before the location and constriction of the improvement and Immediately afterwards in other words , what the property was worth without the benefits , but cannot bo permitted to state the amount of damages thereby sustained by the land owner as that Is n deduction to bo nmdo by the jury from the evidence. 2. The word * "or damaged" in section 21 , nrtielo 1 , of the constitution , include all damages arising from the exercise of the right of eminent domain , which causes a diminution in the value of private prop erty. McClenghan vs Omaha & Republican Valley Hallrond company. Error from the dis trict court of Saunders county. Reversed and remanded. Opinion by Kccsc , Ch. J. 1. Instructions sot out at length in the opinion , examined and hold , erroneously given. 'J. A railroad corparation , although author ized by law. to construct its road across a ntroam , is liable for damage done to lands ad jacent thereto by the construction of a bridge which causes the water and ice to gorge and ovcrllow such land , and In the selection of the character of the bridge to bo built duo rcgui-d must bu had to the rights of the ad jacent land owners , ns well ns to the safety of the public who may travel ever its road , or who may require the use of the sumo for tlio transportation of property. Kansas Manufacturing company vs Wag oner. Error from the District court of I'latto county. Afllrmed. Opinion by Keesc , Ch. J. 1 , 1'lnlntlir brought an action against do- Tcndant for the purcliaso price of u wagon which it alleged it had sold to defendant. The defense pleaded by the answer was that defendant had purchased the wagon from { ilaintilT's agent , not knowing of his agency , mt believing the wagon belonged to tlio vendor , that lin had paid thorofor with tlio exception of V3 > , for which ho offered to lot judgment bo rendered in favor of plaintiffs. It was shown that the agent was deceased. On tlio trial the court permitted defendant when upon the witness stand to state the contract of purcliaso from the deceased ; do- fondnnt at the time objecting. Hold , no error and not a violation of the provisions of section a39 of the civil cede ; plaintiff not being in any sense the representative of a deceased person In the suit , U. Upon the Introduction of plaintiff's evi dence in chief. It produced evidence tending to show that its agent , who was deceased , conducted his business as an agenoy , und not in his own naino. This ovidcnco was mot by defendant with testimony winch tended to show otherwise and that to all appearances the deceased had conducted the business as his own. On rebuttal plaintiff offered ad ditional testimony tending to support his theory of the case In that particular , which uK | > n objection Doing made upon the ground that the testimony offered was not proper us ovidcnco In rebuttal , which objection was sustained by tlio court. Hold , no error. Llcko va Ynkmnn ot al. Error from tha dis trict court of Douglas county. AQlrmad. Opinion by Uccso , Oh. J. 1. In an action to quiet title , whora the pnrtirs claim from a common source , a wit ness who was the real ostuto agent by which the alleged transfer was made to ttio defend ant In the action , was asked upon the witness itnnd , what the custom won among real estate men , as to soiling real estate for credit , n lie has done , and upon objection , tha testimony wu excluded. It was hold that there was ao error In the ruling of the court , , - * fr * " * there being no authority for the saio on tune , 2 , Whore in the trial of such n cause n wit ness was called and inked m to negotiations instituted by himself for the purchase of the real citato Involved In the suit , such negotia tion bclnc entirely disconnected with the alleged purchase by the defendant , It was hchl that the offered evidence was properly excluded. Mcail vs The State. Error from the dist rict court of Adams county. Keverscd and remanded. Opinion by Hceio. rh. j. 1. Simple larceny is the felonious taking nnd carrying nvvny of tlio personal roods of another , with Intent to deprive the owner , pcrnunently , of his property. The taking must ho with a felonious Intent , otherwise there U no larceny. If A should tauo the property of H behoving that it was with U's ' consent , and that the property belonged teA A , there could bo no larceny , because no criminal Intent. 'i. Evidence examined nnd held notstifll- cli'iit to sustain a verdict of guilty of lar ceny. Hut ! vs Slifo. Error from thedistrictcourt of Adams county. Afllrincd. Opinion by 1 loose , rh. J. 1. One who , before maturity , uncondi tionally guarantees the piyment of n promis sory note becomes absolutely liable upon default of HIP maker. Ihingcrford vs Mrown , .11 X. W. U. 1(51. ( ' , ' . The inei-o neglect of the holder of n note to sue the maker does not discharge tlio guarantor , although tlio maker becomes In solvent. Hrown vs Curtis , 2 Comstock , 2A' . Alexander Hros. vs Graves Error from the district court of Webster county. Re versed nnd remanded. Opinion by Reese , Ch. J. 1 , A purchased certain personal property from II on time , and for the purpose of securing the purchase price , exe cuted a chattel mortgage on the property purchased , The purchase wan made and the chattel mortgage executed under nn assumed ami fictitious name. The parties to the transaction being unacquainted , the vendor supposed tlio nnmo given was the true name of the purchaser. The purchaser stated that his residence was in Webster county , which was correct , mid the mortgage was duly tiled In the proper ofllco In that county. Subse quent to the filing of the mortgage , A sold the property to C under his true name after " C had "examined the records for chattel mortgages executed by A , and finding none. In iin action of replevin by U against C for the possession of the mortgaged property , it was held that H should recover judgment. Muldoon va Levi. Error from the district court of Douglas county. Opinion by Reese , Ch. J. 1. A Judgment was rendered against de fendant in the comity court. Within ten days thereafter ho filed an undertakinpfor appeal. Subsequently , but more than thirty days after the rendition of the judgment , ho llled his traaseript in the district court , where upon defendant in error llled his motion for a judgment in his favor , similar to that en tered by the justice of the peace , without filing nn additional transcript. The motion was sustained and judgment entered accord ingly. Held , no error. iJ. Chapter 07 of the session laws of 1SS7 , being "An act to amend section 1011 of the cede of civil procedure , nnd to repeal said original section , " hold to bo constitutional , in so far as it was amendatory of the section referred to , and to that extent , at least , valid. 3. Where a statute contains invalid or un constitutional provisions , if the valid and in valid are capable of separation , only the latter arc to bo disregarded. See Board of Supervisors vs Stanley , 105 U. S. S. C. Rep. , 205. Youngson ctux vs Rollock. Error from tha district court of Kearney county. Af firmed as to George N. ana reversed as to Helen Youngson. Opinion by IJecse , Ch. J. 1. Where an action was against two or more defendants jointly , and the verdict of the trial Jury was in favor of the plaintiff , but against one defendant only , and the court , by mistake or oversight , rendered judgment against both , the mistake being conceited in this court upon proceedings in error , the mistake in the judgment will bo corrected without remanding the cause for u new trial. 'J. The evidence examined nnd found sufll- cient to sustain the verdict of the jury. Chamberlain vs Brown ot al. Error from the district court of Clierry county. Afllrmed. Opinion by Reese , Ch. J. : 1. Error cannot bo assigned upon a ruling or action of the district court made or taken with the consent of the complaining party. U. An objection that the verdict of the jury is not sustained by the evidence , cannot ba sustained unless all the evidence submitted to the jury is made part of the record and contained in thu bill of exceptions. 3. A Judgment will not be reversed for er rors appearing on the record unless such er rors have prejudiced the rights of the com plaining party. 4. Instructions given and refused cannot bo considered unless certified to by the clerk of the district court. Amendment was properly allowed. 2. A person who unlawfully shoots another ana wounds him , whether Intentionally or through negligence , is liable for the dam ages thereby sustained by the party in jured. Little ct ul vs Giles et al. Appeal from the district court of Lancaster county. AlUrmcd as to all plaintiffs who did not disclaim. Opinion by Maxwell , J. 1. At cojimon law u devise of real estate in order to convoy the fee must contain words of Inheritance or perpetuity , but under tho. statutes of this state , such words nro not necessary to convey the fee and every devise of land Is to be construed to convoy all of the cstato of the devisor therein , unless it shall clearly appear by the will that the devisor intended to convey a less estate. 2. A devise "to my beloved wife Editha J. Dawson , I give am' ' bequeath nil my estate , real and personal , of which I may die seized , the same to remain hors , with full power , right nnd authority to dispose of the same as to her shall seem most meet and proper so Jong ns she shall remain my widow , upon the express condition , however , that if she shall marry again , then It is my will that nil of my estate heroin bequeathed , or whatever nmy remain shall go to my surviving children , shuro nnd share alike , " etc. Held , that under the statutes of this state n conveyance of such real cstato by Editha J. Dawson , after the death of the testator nnd before her marrjago convoyed the fee to such realty , nnd her subsequent marriage did not effect the title to the same. 3. The words "or whatever may remain" In tlio will apply to both the real nnd per sonal cstato , and are restricted to such part of the estate as remained undisposed of at the time of the second marriage of Mrs. Dawson. 4. When a testator devises all his cstato , real ana personal , giving his devisee the power of unqualified disposition of the prop erty devised , the dovlseo may convoy the legal title thereto , nnd n limitation ever in a subsequent clause of the will in favor of other persons of "all of the estate herein be queathed or whatever may remain" at the marriage of the llrst taker , will not ulloct the titles previously convoyed. , r > . Evluoneo of the situation of the parties may bo received when it is necessary to u correct understanding of a bequest- together with the facts and circumstances which may reasonably bo supposed to huvo influenced the testator in making the will In order that the court may ascertain his motives nna In tention. 0. An attorney who sells real estate for his client and represents the title to b'o good , which representation is relied upon , cannot thereafter assort title in himself to any of lie real estate so sold. Stnto ex rel Franklin County vs William C. Colo. Mandamus. Demurrer sustained. Opinion by Reese , Ch. J. Defendant was the duly elected and quali fied county clerk of Franklin county. During his term of ofllco an application was made to the supreme court for a peremptory writ of mandamus , requiring him to certify nnd re. port tlio collection of certain fees , which it is ' allowed that ho has failed to report. To this relation ho filed his answer , controverting. Us principal allegations. Subsequent to that timeho tiled n supplemental answer , alleging that Hlnco the filing of bis original answer his term of ollico had expired. To tliin n general demurrer was interposed by the re- latnr. U was hold , that the facts stated did not constitute a defense und the demurrer was sustained. Klostermon vs Olcott. Error from the district - trict court of Lancaster county. AfHnncd. Opinion by Reese , Ch. J , 1. The Hrui of It W. ft W. , in the year 1SS1 , entered Into n contract with ono L. und gave u bond to sell him. promissory notes upon certain terms ana conditions , and to guarantee tha payment of the same without notice in thirty days after the maturity of each note. In November , 1SS3 , the linn of R. W. & W.was dissolved by the withdrawal ofH. ; W. & W. thereupon entered into anew now contract and gave u now bond to L. which provided that W. & W. would guar antee all notes sold to L. andwithout notice , pay such as were not paid thirty di y after maturity thereof Under Ibis arrangement W , A : W. procured n largo number of notes to bo renewed and transmitted the sjimo to L. , nnd thereby obtained credit for them selves upon their account. Held , that then1 win siifliflent consideration for the bond and contract. 2. That the contract being n direct promise to guaranty the notes , no notice of accept nnco was required. 3. Where a court , In its first instructions , states the object of the notion , a party desir ing n more explicit instruction upon that iroint must ask for It. 4. Where usury in the transaction pleaded nnd the testimony Is conflicting upon that iKlnt , a verdict of the Jury finding there Is no usury , will not be set aside , notwith standing the transaction may appear to the court ns a device to evade the usury laws. 5. Tlio claim that the verdict Is excessive. Held , not sustained. 0. Where testimony has been introduced tending to show nn additional liability from the defendant to the plaintiff , the petition may bo amended by Iviivo of court , The Lincoln National Bank vs Davis. Appeal from the district court of Buffalo county. Reversed and dismissed. Opinion by Max well. J. 1. Where usury in the original transaction is shown , nnd wlioro tno note has been re newed n number of times and usurious inter est added to each renewal and the note then transferred to 0110 who claims to bo a bonn fide purchaser without notice , the burden of proof Is on such party to show that ho Is such purchaser. 2. A transaction by which a grossly usuri ous note was transferred to a third party ns n'lfgcd ' before duo for a valuable consider ation , but in which neither the seller nor buyer can state what had been paid or tlio manner of paying the same , falls to establish a bona lido purchase. Hall vs Aitkcn.QKrror from the district court of Buffalo county. Afllrmed. Opinion by Reese , Ch. J. I. Tlio filing of n chattel mortgage In the ofllcn of the recording olllcer of the county , under the provisions of section II , of chap ter 83 , of the compiled statutes , makes such mortgage part of the records of the county , and under section 4lS ) of the civil cede a copy thereof duly certified toby the proper oflicer , Is competent evidence of equal credibility to the original. 3. Wlioro a chattel mortgage Is duly llled as required by section 2 of chapter 11 ! of the compiled statutes , a duly certified copy thereof would bo suflleient authority under which the mortgagee could take possession of the property nnd foreclose the mortgage. In case such foreclosure were not resisted , nor the auMiority of the mortgagee ques tioned , a certified copy would not bo neces sary. The original mortgage on file would bo sufficient to justify the proceeding when col lateral Iv attacked. 3. Where a vendor in possession of per sonal property sells the same to a pur chaser , who buys In good faith , believing ho Is obtaining a clear title to the property , there is nn Implied warranty of title by the vendor ; and if in such case there Is an out standing chum of title , evidenced by a duly llled chattel mortgage on the property sold , and the mortgagee takes possession of the property for the purpose of foreclosing the mortgage-depriving the purchaser of his possession , and thu purchaser notifies the vendor of the proceeding to foreclose the mortgage and offers to allow the vendor to contest thu validity of the mortgage in his name at the vendor's expense , which the vendor refuses to do , the purchaser would bo justified in declining to contest the validity of the mortgage and look to the vendor for the purchase price paid. 4. Upon the testimony in a trial to a jury , having been produced , the Judge who presided , stated to counsel in the presence of the jury that as a matter of law under the admitted and known facts in the case the plaintiff would bo entitled to recover , gave nt length his reasons therefor and subsequently so instructed the jury in writing. Upon ob jection being made on the ground that the statements of the judge wore made in the presence and hearing of the Jury , it was held , that there was no error , and n distinction made between the ruling of a court upon a question of law and fact , which terminates the case nnd whereby statements and in sinuations made the court glvo directions tea a jury as to their decision on questions of fact and the merits of the case which is finally to bo submitted to them. Cnrmichaol vs Dolen. Error from the dist- trict court of Saline county. Reversed and remanded with directions to reinstate the case and surrender judgment on the ver dict in favor of plaintiff , nnd for such other proceedings as may he just in the case. Opinion by Maxwell , J. MIIKTINO OP sitKiiirrs. The sheriffs of Nebraska were in session to-day at the nfllco of Sheriff Molick , at the court housoj. It suesis from the subjects dis cussed that the sheriffs of the state are anxious to secure a more definite law regard ing a. class of their fees , and for this purpose assembled together. In some counties there has always been a conflict between the sher iff and county commissioners regarding fees duo , and it is proposed to secure legislation that will settle uli points In which they are interested. The subject of mileage was specially considered. The following sheriffs were present at the meeting : William Coburn , Douglas county ; E. A. Wcdgewood , Hall county ; F. F. Parker , Bnrt county ; William Grimes , Johnson county ; James Ireland , Jefferson county : John Wilson , Buffalo county ; J. M. Smiley , Seward county J. E. Erkenburtf , Cass county ; H. D. Schneider , Washington county ; E. V. Moore , Dundy county ; Charles Penn , Custer comity ; Fay Davis , Gngo county ; John Flynn , Merrick county ; A. D. Strunk , Pawnee county ; Isa-ao Hill , Kearney county ; E. U. Wilson , Saunders county ; John Barton , Saline county. OLD HANDS THU 1I15ST. The state officials for the ensuing two vcars were all at their posts this morning. Most of the faces nt the various desks were very familiar , and very few changes huvo boon made In the clerical forces. The governor , attorney general and secretary of state retain their old help. They are evidently going upon the theory that tried hands are best. John M. Thayer. jr. , will continue to bo the governor's secretary , J. E. Ferris stenographer , und Sam Lowe clerk. Ben It Cowdory will continues to of- llciato as deputy secretary of state , D. E. Bomgardnor recorder , Nelson L. McDonald bookkeeper , and Miss N. M. Pcrcoll clerk. Auditor Beaten evidodtly believes in civil service reform. The fonncr'bond clerk , Mr. Gcorgo E. Bowerman , steps into his shoes as deputy auditor. This is generally considered a reward for faithful and ofllcient service. C. U. Allen continues in the capacity of insurance clerk , M. M. White , book keeper , and M. English , clerk. Tlio last two gentlemen named nro now men , John Stewart , Esq. , will servo as deputy attorney general another term , nnd Miss Efllo Loose as clerk nml stenographer. Commissioner Stcon honors C. M. Carter , ono of the most obliging boys at the state house , and makes him his deputy. Hrad P. Cook does the chief clerkship , and ho will do It well. Mart Howe , bookkeeper , and Victor Abrahamson , J , K. Murloy , Miss C. E. Carmody ami Miss Stcen , clerks. There Is but ono change in this of fice. Mr. Bartlett continues ns deputy treasurer , and the btato superintendent of public instruction still goes It nloiio. It can bo said with truth and propriety that there are very few heartaches among the clerical workmen at tiio state house. COXbOMOATlON 0V ll.UI.UOAUa. The Chicago , Rock Island & Pacific rail way company filed articles of consolidation In tlio ofllco of the secretary of state to-day. Tills BcHoino unites the lowu Southern & Missouri Northern , the Ntnvtoa & Monroe , the Atlantic & Southern , the Avoca , Mace donia & Southwestern railway companies into ono grand system , with a capital stock limited to f.W,000,000. The principal oftlco Is flxod at Chicago with an lowu branch at Davenport , Seott county. Authority , how ever , is delegated to establish another ofllco at Now York City. The consolidation , under the stipulation of the various leases , is to con- tlnno for a period of fifty yours from the 1st day of the current month. Articles Incorporating the Missouri River Transportation company , with business of fices at Sioux City , la. , and Croighton , Nob. , wore also llled , to-day. The object of the company is to conduct a common carrier business. The company commenced business to-day with an authorized and subscribed capital stock of W.OOO. Incorporutors as follows , viz : Will iam Leocli , William Hoiso and R Smith , OITV HEWS AND NOCKS. Lincoln seems to bo depopulated to-day. Most of the members of the legislature huvo gone homo to spend Sunday , Governor Lurraboe , wlfo , daughter and staff returned homo this aftornoou. They spent the day driving about the city , and were very much pleased with what they saw of It. Among the flrst bills to bo introduced In the house next week will bo a maximum freight rate bill. This will bo the begiuolug of the rallroguc WAr claAco. Let Joi luo tmponflncd Hon. a L. lUlV'bf this city , will be the lather of the bill. Speaker Watam will announce the committees mittoos of thoJiouso the first thing after the preliminary opentlig on nett Tucspny after noon. Some ( jf U o boys seem to bo restlcsi and fear tuny wljl fall to get what thov want Hon. W. F. Cony , wlfo ami daughter , went to Omalia to-day oi | the 1:40 : flyer. SUBUIJBAN "NEWS. WASHINGTON COUNTY. CllllllHIII. Uurthnet Mitloi'and Ithoda Hull * , Inth of Calhoun. wore married ut the rcslilonca of the bride's mother , Christmas eve , the cere mony boln ? performed by 'Squire Miller , father of the groom. None were present but the immediate friends nnd relatives. Tno happy couple will live with Mrs. Hultz. Tivo marriages will soon follow this ono , perhaps not until next year. Our school closed for the holidays , nml will commeiipo a vain Wednesday , January 2. The Calhmiti Tnion Sunday school enter tainment was given Friday evening. It con sisted of n snow house with n chimney , throueh which Santa entered and eniuc forth loaded with presents for the children. Major C. U. Bennett , a traveling lecturer , stopped off and gave us quito nn .ntorestmg lecture about the man tiers and customs of the people of the Sandwich Islands. The old gentleman lived sixteen years on tlio islands , nml corrects many historical writ ings concerning the same. Mrs. Stevens went to Council Bin ITs to spend Christmas with her daughter , Mrs. Runlon. Mrs. N. , ( . Brooks spent Christmas with her daughter , Mrs , Anna StcfTcn , at Omaha. Missus Ettio Stewart , Luo Clark mid Adah Crawford , together with Mrs. Living ston , Mrs. Pettingell nml W. E. David , went to Omaha as n committee to select and pur chase books as presents for the Christinas entertainment. They purchased about ono hundred choice books. Wo have a boef-jhop in our town now , which will bn quite an accommodation to all those who buy their bcof. Otto Fr.ihm , by request of his teacher , brought to school a mammoth piece of bone , evidently being detached from the hip-bone. If the animal was ajlvo. according to a lib eral calculation , it would bo at least n third larger than Jumbo , with similar proportions. It is supposed to bo a buno of an extinct species of the elephant. Foiitiincltc. Most of tlio schools In the county closed for the holidays. iMr. J. M. Lewis and family , formerly of this place but now of Albion , Boone county , are visiting relatives and friends here. Owing to the mild winter In this section , the amount of feed used is much less than for years past , thus decreasing local demand , consequently lowering prices. There were Christmas trees nt the Ger man Lutheran and Congregational churches. lilulr. The Gorman Lutheran church , which was recently built In this city , was dedicate. ) on Sunday , the 23d. The building N on the lot south of the Presbyterian church. Major C. C. Bennett , from the Sandwich Islands , gave ) an instructive and interesting lecture nt the Presbyterian church Sunday evening , December , entitled "Tlio Sand wich Islands. " Tuo weather was bad , and the lecture was but slightly advertised , so the attendance was small. On the I'.Hh nt noon Mr. Herman Shields and Miss Emma Wilkinson were united in marriage by Rev.'R. B. Wilson of ttio M. E. church. Misses Mamie Dovrics of Omaha , and Dora Sprmjuu1 Blair. acted as brides- nmides nnd Messrs v\V. J. Cook and Dcnna Allbery as groomsmen , The contracting parties are well known and. their many friends wish thciri abundant happiness. The presents were many and costly. The Blair school biased with appropriate exercises. In the High school , besides the Rhctoricnls. was ii debate by. the pupils. The West school wns open from 2 until 1 on Sat urday , for the purpose of exhibiting the kin dergarten work 'of the pupils. The work was craedit to the town nnd to the school , Mrs. D. K. Bond lute resigned the principal ship of the High school. This will cause much regret on the part of the psople. Miss Celia Allbery is homo on a holiday vacation. Miss Mary Seeloy is homo from Fremont on a vacation. Mr. J. S. Stuart is having a well dug on his farm two miles northwest of , town , and when the diggorj were down sixty-one feet they found a largo quantity of wood , many roots , nnd a largo number of shells. On Sunday morning , Dec. 22 , at ft o'clock , the four year old child of Mr. W. W. Wright died. died.Thero There is n flourishing Band of Hope in this city. It lias boon running but a few weeks , and on Sunday there were over sixty in at tendance. A few of our young men are organizing u cornet band. We hope they may succeed , as a good band is qulto an attraction , Improvements are being made in pur city on all sides. Tlio railroad park is to bo fenced with post nnd gas pipe. Mr. L. P. Van Liow has the job. The Crowoll Grain and Luinbor company have just completed a now olev.itor near the aepot. All quiat as the calm after the storm , so is Blair after the Christinas. Our generous merchants put in a larger stock than Santa Claus could use , so some of thorn have a sur plus. plus.Wo Wo nro doing ntcoly during our fine weather. The rain on Sunday made getting around quito disagreeable , but to-day is clear und cool. Our young folks are taking advantage of the line ice on Fish Creek , und arc having skating parties nearly every day. Mr. and Mrs. J. H. Stewart , Meisrs. John Carter , Frani : Mead , F. M. Williams nnd Misses Cora und Ann Carter went to Lin coln on Thursday to assist in organizing a young men's prohibition stata league und a young woman's state league. They report an excellent time. Mrs. Miller , aged eighty-five , grandmother of Mr. Stephen Phillips , of Blair , died Sat urday night. The funeral was held Sunday. Sermon by Rev. Perry , of the Baptist church. Judge Crounso wcs in town Monday. A l > EaiUllKAGI5 liA.IV. AVI.at Hallway Oflloinls Think of tin ; New BUI. A bill has been introduced In the legisla ture authorizing railroads to charge , not to exceed $3 per day , for cars detained not un loaded in forty-eight hours after arrival. This is regarded as an important issue in railway circles. At present a demurrage bureau exists 1n tills city , the duty of which Is to Impose a tar ( It on detained cars loaded with freight. , The rates are , after the llrst forty-eight hours ; $1 per day for the llrst flvo days ; $ 'J per day for the next succeeding flvo days , and for ea h additional day after the ilrhtten days il per day on each car. But this Is not what tlio railways hope to derive from this bill.1 T'nu , operating departments state that thd. alwvo agreement concerning demurrage was entered into by representa tives of all thoiroadsin Omaha , but there being but articles of agreement , under a stress of 6lrcumstanccs , it might cosily bo violated. Then again , they can conduct business In this city , and if the individual who Is'thus situated is a good pat ron , they will'ovorlooh the demurrage nnd ullo\v him to holditho cars regardless of any additional cost. Where ono company does this and the rest don't ' , they maintain that It cuts into the general patronage - of those lines living UP to the agreement. But on the other hand the oflluiaU state that the law should bo backed up by a compulsory clause. As the bill is now introduced , it only allows the railway company the rlghPto collect this 93 , when , in reality , they are not prohibited from doing it at the present time. An ofllclul of the Union Pacillosuld : "This means a great deal , and if it is .iropcrly constructed it will bo a relief to the railroads. Now , it not only protects the rail roads , but it protects our business inon. If ; here wore no charges on detained oars , why this city would bo filled with bucket shops in less than a week. You nee that a man. would open a small ofllco hero , take his orders for goods , and ship them without any extra cost after the freight was once loaded. Or , he could , whoa HO desired , purchase when the market was cheap , and aold his freight In our until he fouud a j market. In this way ho could supply the d - mand which , when ho cannot opor- n\f \ , Is supplied by men who have expended thousands of dollars in building up an enter prise In Omaha. All vour cool merchants hero are in favor of demurrage , but it Is the man who has no coal-yard , who has no place to store his stock , who ) opposes It Then , as to the financial benefit accruing therefrom , it Is worth more than M per day to any company to have its cars ready for serviw , and It will have a tendency to avoid a blockade - ado of freight , which wo 'tave ' experienced pn several occasions in tbjseity. An The report In a morning paper to the effect that the Union Piiclfle ls extending its line toSious City is pronounced without founda tion by the ofllclals of that system. "Tho fact Is , " said an ofllcial in commenting on the matter , "that wo lire as near Sioux City now ns wo cans to bo. Our1 line extends to Nor folk , ami In this way wo reach the north western section of this stnto. What good would result from n line , say the continua tion of the Xorlolk line to Sioux City' Wo would bo operating u branch nnd bo com pelled to haul freight consigned westward , an additional I'M miles , when , as It is now , we have It delivered at our door by the Sioux City & Paclllc at Council I Muffs. If wo aimed to control traflle direct' trom upper Missouri river points we would have to run n parallel line with the Sioux City & Pacific on this side of the river between .Sum * City nnd Omaha. It la true wo inlght obtain some of the Burlington's patronage , but this would not warrant such an enormous outlay of money. " _ Tlio Wage ItiMluution. In speaking of tlio reduction in wages of the section men on the Union Pacific , Super intendent Ressoquio said : "Wo nmdo a re duction because other roaiis wore not paying our prices , and wo could Ree no reason why a imin or set of men , should receive a higher compensation for performing work for the Union Pacific than was being paid by other roads for the same labor. As It Is , our prices are as high with the present reduction as those of any road. " "I have boon occasionally troubled with coughs , and In each ease have used Brown's Bronchial Troches , which have never failed , and 1 must say they are second to none In the world. " Felix A. MayCasliicrSt. Paul , Minn. TIM' : TUIMTY. United Tlicy Stjunl Upon Severn ! Sa loon Applications. The llrst meeting of the city licensing board as at present constituted , took phico Thursday afternoon at the mayor's ofllco In the city building , the board consisting of the mayor , president of the council , Michael Lee and City Clerk Southard. The present relations of the board are of a very amicable nature. The business was attended to with earnestness and dispatch ami- great deal was accomplished. Tlio llrst qucstinik wns that of granting tj. S. Higgins a license , After a very few remarks it was unanimously decided to rel use u license to that gentleman. The license of A. N. Ifoar was nlso refused , the man having died since the application was made. The following licenses were then granted. Charles Thiea , 1.7W South Thirteenth ; JohnGuek , near Belt Line bridge ; Frank Swoboda , 10.t South Third ; Max Lenz , 113 : ) Saunders ; I1. Hclpcen , 1S01 St. Mary's avenue ! Storz it Her , Columbia brewery ; Henry Robin" . 2 ! ) . > OPopplotoii avenue ; Frank Uartos , 1318 South Thirteenth : Mnthias Ncu , ( iOO South Xlnt h : J. T. Keanis , 215 South Fourteenth : Stoiv & Her , 124 North Fif teenth ; Fritz Siegel , 2400 Cuming ; James Falconer , l-J'0 ' Dodge ; B. Clark & Co. , rear 111 South Fifteenth ; A. E. Butt. 1124 Capitol tel avenue ; Storz & Her , 1124 Dodge ; P. Senf , 1900 Vinton ; A. B. Snowden. ! il2South Thirteenth : .lames Beatty , 721 South Twelfth ; Dillon & Co. , IDS South Four teenth ; Frank J. ICaspar , I'.ii'i ' South Thir teenth ; Mrs. Amelia Thielgaard , OJ7 South Tenth ; A. Josten , 2552 Leavonworth ; An- heuser Buseh Brewing association , 1217 Jones ; N. C. Wind , 021 North Sixteenth ; William Young , 410 South Fifteenth ; C. E. Meyer , 1S15SI Mary's avenue ; Owen Me- Callroy , 111 South Sixteenth ; F. J. Froitag , lb02Soutli Thirteenth ; Altaian & Balbeck , Lcavouworth and Spring ; Paylon & Cole , 1018 Capitol avenue ; John E. Gustus , 1002 South Thirteenth ; Gruinmo & Tinman , 102 South Fourteenth ; Dan McCoy , ai2 South Thirteenth. The following applications were next sot usido that the bondsmen might properly qualify. The latter were not known to the board , consequently this method was taken as n precautionary measure. M.J.Carroll , IcOl Webster ; James Carr , 110S1 Farnnm ; William Stoltenberg , l.riia Webster ; Henry Linenbcrger , Hamilton and Thirty-first ; Jacob Landrock , 2030 Popploton avenue ; Ketehmark & Ryan , State nnd Fort ; Henry Groock , 2002 Walnut ; John Buck , 120. ! Cass ; Waldemau & Krog , Twentieth and Martha ; Peter Fcdde , ( ill North Sixteenth ; J , J. Donovan , 109 South Eleventh ; Jotter & Young , 901 Jackson ; Wonzol & Nestel , 122 South Thirteenth ; Thomas Duguid , 110J South Sixth. There huvo been 229 applications made for saloon licenses , and 21U huvo already been acted upon. The board then adjourned to give time to bondsmen to qualify. CALIFORNIA ! THE LAND OF DISCOVERIES. CUR.E TOR tATARRH OflOVILLECAL. (9 ( srM > Co , iwjfe B ronehit vj5& ' 111 Til PI- . - / - _ - ilOA AT .V" ABIETINCMKco.fli [ : iyiLLr.fAL Santa Abie : and : Cat-R-Curo .For Snlo by G-oodman Drug Co. .Ami nil nntnro lusumos n wlntorr n > jicct , those wlionro prudent nml ccon * omlcnl will bouln to look nbout for pro- WHEN tec ! Ion Hiialiist culd wLutljur , tlmnuoa of teiuia'raturo , and tliclr results. Win ter clothing , fuel nod lln.vsd.N's 1'f.AB- THE TMiaro recognized nt tbo mu t Impor tant Uouieliold uccciiltlcs. 'I'lils ulmtor tiab tccurcd u permanent placu Inoycry LEAVES vrell regulated lieu tcbold , ui the must valuublo cxtur/iul reinoily known for Oouulm , Cold * . Clion ruins , llutknolic. Itliuumnlliiu. tklMlca. l.uuilinKO Mid all nclius und piilus peculiar to this eciuou BEGIN ol lliu year. UHK | to III ttruat popular' tty IIKNSON'H I'/.ANTKII linn been liirnoly Imitated , h ncu buyers should always Hike lur HL'N'iiJN'a and rufusu all other * , TO FALL thus avoiding worthluss pioduoti. fVHtsud two cent stomp to Heobury k JoUuson. n Flail Htreet , N , Y. , fur a COPjrOlINSTUUCTIUNI UlUil THIS l Of > Toil , a raluable bouieuoM book. ' MUSTANG MEXICAN LINIMENT * * FK * ' ; SAcS ! Thus the ' .Mustang" conquers pain , Wlakes MAW or BEAST well again ! ZULU MAGNETIC OIL. Cures HlioiimiUUm , Spniln' , Swollen , tolnl , HriilM' , llnrXnchc , Mi'ixiVirliu nn 1 S'onralRln. It lior- miiiNmtl ) drlvo nniijr mm rinnovo' nil imlns nrlm , nml rlnilllnr nllnioiilH , linntl for lii'inls M well ns inniiMnd , mid curtUltiKboiie. . pnvln , t < nllnt % rlo. imliiiivu. 1'iitiipln liirco c.nn nnd nont I'liKl'Ain by c | in "ii rcri'Mit of | > rlc If your OuiBUl't uoos not kvi > | > U. 1'rUe.Vv , SI.ID and t\M. \ ZULU HEALING OINTMENT. ( irrnlost i'nlvn In the World. Jt not * Ilko mnalo nlicn nppMi'il lo I'litv llrnl'i'j , Sciihn , iliirn' . 11110. Old Mirci , itiiitTiMt nnd cimpptMl llniid * . ITnrkca CtmV 'IVnli. I'll' . , nml other lronlic | < ofn mmllnr na * titrt1. ( looil for horsc ' woiinda unit snn" , 1'rlro 'i'.ciuiil fil'c. ' I'm up In lariiv tin bim'n. mid Honl by mall or oxpro * ou ruiulpl of price If your druggist Uoc nut keep It. ) ur rnnannil hotas rontnln morn tluin fonr times iiiiniKliin uiiv other linltln onmckiiitoci.AlMKli In eoiUnltimi nrtldiUhiit " 111 lUithd norkwoiiUAItAK * lEKuur preparation In du. THE SANTPORD MFO. CO. , Oinitlm , Nub. , Hole 1'roprlotors. Vnr Sato nt retail In Uinnlia , by Kitlin & Co. , OPO. AV. I'nrr , John W. IJoll , , ud S. II. Fnrntmorth. RAD WAY'S PILLS. TortlieCuivotnUniSOKDlIltH OP Till : KTOMACII , I.1VKII. niWKI.S. KIDNMYS , llbADUHIt Nr.itvnrs iisr.Asr.s.iiKAiA'iii.CONSTIPATIONaisriVKM' ( : , COMPLAINTS iMtoiiMAii TO I'UMA [ . ! ' . . I'AINH IN Till : IICK. . DltAOClINO m'.I.INdS & < < . . l."s'limSTIOX ) : , lllliIOUS ! < N1ISS. I'KVKU , INri.A > tMATION ( ) ! ' TIIK UOWr.l.S. I'llil'-S , ami nil tlcrnUKcluemtof tlio In ternal Viscera. Purely regt'tnbltt , rontnlulng no mercury , inlnoral or deletorloua drugs. DYSPEPSIA. HADWAV'S ITIJ.P nro aruro for this complaint. Tnoy tone up tlio Internal secretions to healthy notion , icstoro ( .treiiRtli to tlio htomnrh nml etmlilo It to perform HH functions. Tlio nynuitoius of I ) VS I'111''IA ! tllsaiippiu1 , nml with tliom the liability to coiitnu't dlsonses. PERFECT DIGESTION Will be nrrompllsheil bvtnklm , ' H.tinV'A VS IMU.S. lly so doing , DVSI'HPSIA. SICK IIRAT- AJ'IIU. rot'I.t-TO.M AC'H. HIUOrsNliSS will hu avoided nml tlio food that 1 en tun contribute Its mniriHhlni ; properties or the support of the natural waste of tlio body. 1'rlco JI5 conts. Sold by nl in ! AD WAV'S UKADY ItliMRF there Is no Illfrrfill UKJinDV for F15VI5H or AOUK * BrWtffei ii'f ? HORDE'S Electro-Magnetic Belts ! The Grandest Triumph of Electric Science Sci Gentlemen's fltlt entifically Made and Practically Applied. with Suspensory tlcftric , DISEASE CURED WITHOUT MEDICINES y < ml'nln In ( lie Huct , nn. Krbllllr. l.iiniIB < so , UrurnV WHEN ALLi ELS FAILS. TCCTIMfltllSI C r.rr-rr nnoRcmilno nnd tisod by rernilfilon. MTK tlio folluwlnevilio bay. been I C3 I trnUnlALo Cl'l'it : > l-A. I. llonpUml , H.n. iMrkcrniul.l M. Hnslott.nllon Uoard of Trade Oil' " - eat A. ( iri'Korr. < 'otiunl itlo > i ini'icliiLntMocK Tnrdst Iludd IotiU ) % thotrrent liortM muni A. U. Woodier , M . > . , Jflos ' nln8trt'vtliitraloN. ) , Y.i U. W. Ilellu .M. II. , llnrmuntowii , town i I.cunicl Mlllc , Knnknliee , lll. | Judfl IN MurinyNapcr\lllolh. ; K.AWiott.iiupt. / . city wilcr w rk .MOUIh licnd. Iml. ; Ilolit. It.Hnmpson , C 1 postottlcoi I. . I ) . McMlclmcl. M. D .lluiralo , K. Y. "Vour Iiolt has nccomnllHliwl whnt no oilier remfd. . J tcadynervo nndcomfortAblo sleepntnleht. " Haiti , H " ll nlrtonnun , jr.o KostSVtiiStrurt.NowyorV,6l NERVOUS PEOPLC. ll * sitlTuiy < : ur firIOO dayabrurv Ri.ECTBO.ua * JUorooVKIi'Gtra.Af aanetlo licit * NKTIU lklT ) nnnltlrelr cum jXruix.corablned. Uiaraiitccdtho IUIKI1JI mia.MKUIUUlUiUT1 f only ono In the world generating KU , li : KY and eUmuitlnff acontlnuous Eleetrla it Magnella chronic ul paeo of butheaxcA . , > fvrrent. Bclcntltlo.l'owerfiil , Uuiabli ? , Contain * tf 3 to i no doprroea ot /Comfortahlo nnd Kllcctlvo. Avoid frauds. , Kloctrlcltr. ( ItniUKTKIIDUi * ( FrancUcoand Chicago. ' ' toOO""cur ) Senditunpforliliutratod pimpulcfc" [ DjR. W. J. HORNE , Inventor , 191 Wabash Avenue , Chlcag IMPROVED FOR 1889 , Jli i I Superior to Any Other Because it Grind Faster with Same Power. Because it has Better Burrs , and wlll/ijbji / ' C " BETTER WORK. & * And Because it is Stronger and. More Durable. Every farmer Should have one. Ask yo dealer for them , and if not in stock , write WT7T T Q &Y J&L lj5 , W < Oo Council Bluffs , Iowa. JOSEPH Cl HOTTS STEEL FENS COLD MEDAb PARIS KXPOSlTlOtf 1313. Nos , 303-404-17O-CO4. THE MOST PJJEPEOT OP PEN& Slnwit toned , meet rtarabU. nd w * oii ihtartftb- ' * ' . solulolf correct Ktl * . Warranted to UaA la M * . < i imato. Auk lautdulir lot tboai. C\U M < * < , - ft HEALYJE2 STATE STREEOiclM : , V * 4