Nebraska Newspapers

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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