THE OMAHA DAILY REE : . THURSDAY. 3JT3BRIJARY 28. 18S9.
THE DAILY BEE ,
I'UUMSIIUU KVISIiy MCWNINU.
i TT.nMS OK SUHSC'UIPTION.
! DMly ( Morning Kdlllon ) Including SUNIUV
lli.r.Onn Yenr 10
ForPlx Month * 1
ror'Ilireo Monttn . , .
TUB OMUM SUNDAY HE * * , mailed to
mldrPM , One Yrnr 2 < *
Wt.EKi.r Unv.Uno Year . "
OHAIIA Orrir n , Nos.'Hlnndsilfl KAIIKA
CiiiCAOoOri'icK , ' HooKKiir lltm.i > ino.
Nl.W VOIIKOrUCK , IIODM4II AND 15 TlllllUNI
iiuii.i > iMi. WASHINGTON Otucr. , No. 5U
i BTIIEKT.
COIIUr.il'ONDKNCR.
All commnnlcntions relating to news nnd car
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. , ,
All uitMncf lotto and remittances ihonM be
Addressed to TUB HKK I'lMtMSin.vii UmirANV ,
OSMIIA. Drafts , clicrks nnd poitolllco ordertc
bo inailo paj able to tlioorilor of the company.
'Ac ' RGB PQWIsWngCipany , Proprietors
E. UOSEWATEH , Editor.
Til 1-3 IIAIIA" UK 13.
Sworn Statement ol1 Circulation.
fitntoof N'eliraska , I. .
County ot Dem id.is , 1 '
( leorpolt. Tzschuck , secretary oftho Ileo 1'tih-
llahlni ; company , does solemnly swear tlmttlio
actual circulation of TUB DULY HUB for tlm
week ending February ZIBs \ ! ) . WMJII jpllovrgj
Hundnv. Tel ) . 17 } f"K
Monday , rob. 18 llVljJ
Iticstlnv. rcli. 1U J8.M.J
WcdnpVlay. Kob.3) 1H.IM
TmirKliiv. Toll. ! ! 1 JB.7TC
Irirtay. Kelt " .gf !
fcnuinlay , I'ob. 23 .la.Ui (
. _ i OKOHOK . T7.SOI1UCIC.
Sworn to before mo mid subscribed to In my
nreioncu tills LMd day ot I'uhrunry. A. I ) . JB # > .
Bcnl. C3 N. 1' . I'UIU Notary Public.
Btntu of Nebraska. I ,
„
County ot Douglas , f
( ItorKo II. Tzschuek , bnlnp * duly sworn , do-
tio' < ( 's nnd says that ho li secretary ol the lieu
I'ulillahlncompany , that the actual avornea
ilnlly circulation ot Tun I ) MI.V HKK for the
month of robrnarv. l W , win KVtt copious
for March , 1S.V. VJ.CH'J cojlos ; for April ,
] 38 ? . 1S.744 copies ; for Jfiiy , 18SH , 1.1W
copies ; for .lime , IStm. lO.Stl coplea ; foi
July , I8W. IC.OH copies ; for Aucuiit , 1MW ,
IP.IS ) copies ; for September , 188S , l.Sl'il coulosi
for October , IfSS , 1H.OSI pojilos ; for Novom-
her , IMW. IW'H ) copies ; for December. 188 ? , 18aa
copies ; for January , ItM ) , IH.674 coplo * .
OEOIK1K II. ' 1/.HCHUCK.
Sworn to before mo and subscribed In my
presence this 18th day of Kobruary. A. I ) . ISM > .
N. 1 . VEIL Notary Public.
Y ono member's faco.was slapped
in the Iticliann legislature yesterday.
It is not staled why the session was so
quiet. _
Tins despatch with which the Omaha
charter was disposed of in the house
nugurs well for its passage through the
senate.
CANNOT the gentlemen who want
Omaha's streets devoted to their poles
and wires think of something else to
ask for ?
JUST as soon as the amended charter
becomes a law our city authorities ought
to take steps toward acquiring at least
one thousand acres of park ground.
IT is reported that "Bill Jones the
Avenger" is dead. As Guitoau , whom
Dill shot at very wildly , is also dead ,
perhaps Bill could not do bettor for
himself and his follow men.
IK the six hundred Iowa farmers about
to be evicted from the lands they have
tilled are not engaged in cleaning up
the old family shotguns , they take a
peculiar view of the situation.
TIIEHE are altogether too many flvo
or cent a intinth bankers and money
lenders in the legislature to expect any
relief from cut-throat note-shaving
through stringent usury la-Vs.
WASHINGTON" is said to bo filling up
with ttireo kinds of people excursion
ists , olllco-sookors and Dakotans. Gen
eral Harrison will be obliged to do some
lively dodging to escape them all.
IN ITS decision upholding the sub
mission bill the supreme court has son-
tuncod Congressman Council to ono
term , and many aspiring republicans
liavo been sentenced to pass their days
in obscurity.
Tim council has concluded not to
submit paving contracts for the sensou
until the merits of the brick paving
block bo investigated. There is little
time to bo lost , if the council is in
earnest about the matter.
A HECUST prize fight at San Fran
cisco was quite disastrous in its result.
One of the participants lost most of his
tcct.h. It is plain that ho can never
alic againSvith sufliciont lluoncy to bo
rated as a Ural-class pugilist.
SOMK of the councilmou are vrondor-
ously concerned for fear they may give
a reporter some item of news. It is
pleasant to see the gentlemen thus
wrapping themselves in inposing aus
terity. Reporters appreciate it j ust as
they appreciate any other joko.
NKLSON , the forger just captured in
tins city , considered himself a great
man until ho road of Pigott's achieve
ments. Then , it is said , ho hung his
head in shame. Compared with euch a
a olooded scoundrel as Pigott , Nelson
must recognize himself as a scrub.
Mourn Wollman , of Minnesota ,
whoso daughters , aged thirteen and
fifteen , eloped with two worthless young
chaps , proved himself equal to the dual
emergency , lie gave chase , culled the
daughters , and thrashed the would-be
husbands until they howled again.
OnitatAKY shows her faith in the
ohild-llko simplicity of the present ad
ministration by protesting her desire
for peace , and at the same time shipping
, troops to Samoa , As Secretary Bayard
will Roon bo out of a job , circumstances
BUggost that ho would make an excel
lent assistant matron at the creche.
v r PEOI-US who visit Washington at
this time must expect to bo fleeced.
The residents of the national capital
who obtain a livelihood by preying
upon the rest of their countryman who
go to that political mecca kpow how to
make the most of such an opportunity
ns the , present , and from all accounts
they will bo more merciless now than
over before in their exactions.
Tins legislature may venture to offer a
bonus for sugar beet rulaing.but when the
Grand Islanders want the state to build
thirty cottages at the soldiers' home tot
accommodate the families of veterans
t
who have married their third or fourth
vrlvw , wo doubt whether the venture
will receive popular approval.
TIJR
And now it is'proposed to appropriate
fifty thousand dollars , and place tha
fund at the disposal of a board of immi
gration , for advertising the resources
of Nebraska. While every effort to at
tract attention to Nebraska , with
a view to promoting the Increase o !
our population , dosorvesoncouragemont
wo do not bcllovo a board of Immigra
tion is necessary or desirable. Nebras
ka's experiments with boards of immi
gration have yielded very small
returns on the iin-estmont. Ninc-
tcnths of the appropriations
were squandered by the defunct board
and its agents In pleasure trips to
Europe and junkets through the east
ern states. The expense of bringing anew
now faotUer to Nebraska through that
agency was , if anything , greater than
the cost of hilling an Indian in one of
our early day Indian wars.
Nebraska should by all means emu
late Kansas , California and Oregon in
their effective and systematic
efforts to make their advantages
and resources known to people
who desire to como west. Bui
this can and should be done without a
board of immigration or immigration
agents. The best advertising Kansas
has had for the last ton years has boon
through the reports and pamphlets pub
lished and circulated by the secretary
of the state board of agriculture. These
documents are compiled with great care
and contain an exhaustive review of
everything pertaining lo the products
and industrial activity of that state.
If our legislature would place at
the disposal of the eovornor or
secretary of state ton thousand dollars
annually for compiling , printing and cir
culating immigration literature , wo will
accomplish all that can bo done by any
board of immigration. A few lines in-
faortod in the advertising columns of
the loading dailies and weeklies
in the population editors of the
country , to the effect that Information
mation concerning Nebraska can
bo had postage free by application to
the governor or secretary of state would
bring thousands of inquiries from people
ple who desire to como west. To scat
ter documents broadcast , or expend
largo sums on traveling agents , would
bo simply a waste of money and on im
position on the taxpayers.
RAILROAD RUTAL
It is is understood that the Iowa rail
roads subject to the schedule of rates
adopted by the railroad commission of
that state are contemplating a policy of
retaliation. It is said they propose to
cut down expenses by curtailing the
service , doubtless expecting to thereby
create a public clamor against the
action of the commission. Such a policy
was threatened while the Question , of
the authority of the commis
sion was under judicial con
sideration , and though there is no
information of its having boon yet put
into practice anywhere , its adoption
would not-bo surprising.
But might not such u policy prove to
bo a grave mistake , defeating its obvi
ously prime purpose of creating popular
dissatisfaction with the commission.
The railroads claim that the rates
proscribed for them will not bo com
pensatory. The only way to determine
this , as was said by Judge Brewer , is
by experiment , with existing condi
tions unimpaired. To reduce expenses
by arbitrarily curtailing the service
will not prove the conten
tion of the railroads that they cannot
prolitably do business at the rates ilxod
by the commission , and unless this bo
true , the public , while it may bo an
noyed and incommoded in consequence
of curtailed facilities , will not bo likely
to antagonize the action of the commis
sion. The failure of the combined rail
roads of the country to render the
inter-state commerce law obnoxious tote
to the people , by adopting all sorts of
methods for the annoyance and embar
rassment of the public , ought to instru ct
the managers of the Iowa railroads that
a policy of this kind is not wibo or
profitable. Public interest nnd public
sentiments everywhere are in favor of
tlio railroads receiving a fair and rea
sonable compensation for the services
rendered , and if the Iowa roads can
rihow their inability to do business profit
ably at the rates proscribed by the com
mission , without reducing expenses by
curtailing the service , it is within the
authority of the commission to advance
the rates , and n popular demand would
require it to do so. But such a result
will not bo accomplished by any arbi
trary policy. On the contrary
such a policy would rather
tend to solidify public opin
ion against the claim of the rail
roads and induce it to Insist more deter
minedly upon the requirements of the
commission. If the railroad managers
ittompt to make u contest of endurance
ihoy will doubtless find the people of
town prepared to fight it out on that
.ino indefinitely. If the roads undor-
.ako to interfere with publio conven
ience and to withdraw facilities unnec
essarily as a means of c rcating popular
dissatisfaction , they will certainly find
that their own interests will suitor , and
that the sentiment created will only
idd to their troubles. Their obviously
wise course , therefore , is not to adopt
my extreme measures , but to act in
good faith , relying upon intelligent
nibUo buntimont nnd judicial authority
.o juataln their rights.
TJfB NKXT SENATE.
President Cleveland has issued a
iroclnmatlon , as is the custom when a
icw administration is coming into
tower , convening the senate at noon on
, ho fourth day of March ' 'to receive
such communications as may bo made
jy the executive. " This is to finable
, ho now president to immediately send
to the senate for confirmation the names
of the members of his cabinet , so that
10 time shall bo lost in organising the
uhninUtratlon. The cabinet of-
Iciuls of the outgoing adminis
tration continue in uorvico un-
.11 their successors are appointed
uid confirmed , the business of the
government in all departments thus
jolng forward without interruption by
oason of the change of administra
tion , but it is desirable to olfoct the
change , particularly when the now ad
ministration is of dilleront politics , as
fiutckly ns practicable , rtnd hence the
necessity of convening the sdnato. Nor
docs the necessity cense with the con
firmation of the cabinet. There are
numerous appointinents ln the several
departments which the now admin
istration will desire to mane at
an early date , as well as a con
siderable number in the stated. As
soon as the new heads of departments
are installed resignations will pour in
upon thorn , and It nooil hardly ho said
that the great majority of them will bo
accepted. There will thus bo an abund
ance of work rapidly cut out for the
senate to act upon , and while it islikoly
to proceed with very little delay In con
firming appointments , the majority beIng -
Ing in political sympathy with the ad
ministration , it Is quito likely to remain
in session at least throughout March ,
Sessions of the senate convened under
like circumstances have lasted two
months or more. But It is probable that
in the present case the session will boone
ono of the briefest of record.
The senate is a continuous body , but
there are always changes in its mem
bership at the beginning of every con
gress which warrant reference to it as
a now senate , and perhaps in the pres
ent instance there is bettor warrant
than usual from the fact that It will
have as its presiding officer the vice
president of the United Slates. The
changes that will take place in the sen
ate when it convenes at noon of March
1 are comparatively fow. Bowen of Col
orado will give place to Wolcott , who is
expected by his admiring friends to bo-
conio a good deal of a figure in national
legislation before his term expires.
The ancient Saulsbury of Delaware ,
who has boon In the senate something
like a generation , will bo succeeded by
Higglns , the first republican the little
state of whipping-posts has over sent to
the national legislature. Palmer of
Michigan will glvo way to McMillan ,
who is hardly the poor of the retiring
senator in ability , but will , neverthe
less , doubtless prove to bo a safe and
useful member. Sabin of Minnesota
will bo replaced by W. D. Washburn , a
member of a family that has made its
mark in the history of the country , nnd
who has himself had experience in pub
lic life. Chandler of Now Hampshire ,
who was elected to fill out 'tho unox-
pircd term of the late Senator Pike , will
retire to await the action of the legisla
ture which meets in Juno , and New
Hampshire will bo represented by Gen
eral Marston. Perhaps the man who will
bo most missed from the senate isRiddlo-
bergcr of Virginia , who will succeeded
by Barbour , but there are few if any of
the colleagues of the outgoing senator
who will regret his departure. Vice
President Morton has been preparing
himself for the duties of a presiding
oflicer , and will doubtless handle the
travel gracefully and deftly.
SUBMISSION A FIXED FACT.
The dual submission bill has been
pronounced valid by the supreme
court. The elaborate opinion by which
the court sustains its conclusions will
be read by constitutional lawyers with
more than ordinary interest. To the
people of Nebraska it is immaterial
upon what basis the court has founded
its dictum. To them the all-absorbing
subject presented is that submission
has become a fixed fact.
To carp about the various points that
wore at i&sue before the court would bo
unseemly as well as futile.
For all concerned it is best that this
decision should have boon rendered at
this time rather than eighteen months
ot two years hence , immediately before
or just after the election. Tlio uncer
tainty of a possible reversal of the pro
hibition and license issues by the court ,
on the ground that the dual bill was of
doubtful constitutionality , would have
been unsatisfactory to all classes of
people.
Now that wo havoabsolute knowledge
that the irrepressible conilict is at hand ,
we shall have ample time for reflection
and free and full discussion. A prohi
bition campaign is dreaded more by
reason of its depressing uncertainty
than its possible consequences. While
wo sincerely regret that this issue has
been forced upon the state at this
stage of its growth , wo confidently
predict that the sound and sober sense
of the great mass of voters will uphold
the otllciont system of high license reg
ulation In preference to impractical
prohibition with its frco whiskov , low
joints ana perjured medical certificates.
AKTIK holding out against the erec
tion of poles and stringing of overhead
wires for the electric railways on the
business streets , tluo council has surren
dered ignominiously to every demand
made by the electric street car com pa
nics. This Is inexplicable. In view of
the fact that in many loading cities
serious objections have boon raised
against the overhead wire by insurance
companies , the fire departments and
heavy property-holders , much more care
should have been exercised by the
council In the matter. In Boston
especially the fire department is making
a protest against the overhead wires.
The experiences which the department
have undergone go to prove that the
insulated shears which are used to cut
the wires in case of fire are not strong
enough to cut the btroot car wires.
The department has been most seri
ously hampered at liros from this cause
and great loss has resulted. It is
proposed in Boston that the electric
railroads should employ a man whoso
duty it shall bo to respond to every
alarm in the districts through which
the wires run and clear the wires in
case of fire. Itmuy not bo a distant day
when the same remedies will hayo to
bo used in Omaha , if our businossHtreets
are to be littered with overhead lines.
Tin : two-cent daily is by no moans a
new departure in Omaha journalism.
It is ns old ns Tin : Biu : itself. The sub
scription of Tnio OMAHA DAILY DEI : as
far buck us July , 1871 , was wolvo cents
per week or fifty cents per month , At
that time Tins BKK was a small , four-
page sheet , with all the news served up
n spicy stylo. In other words ,
THK BHIS has for nearly eighteen
yours boon the cheapest , as well as
jy all odds , the best daily published
n these parts. And it is the
only daily in Omaha that always has
hud a bonu Jicfc paid circulation , wlth-
outimDorttngown-crlorsfrom Chicago ,
without lloodTnj Iho town with free
copies delivered on probation , nnd
without n lungf-tcster to inflate its
statements of circulntton with bogus
subscriptions of papers that are piled
up unsold in ovcry news-stand.
Tut : state board of transportation is
getting ready to avail itself of the gen
erous offer of the Chicago A ; North
western railroad of a , special car to
take thorn to the Harrison inauguration
jamboree. That will offset the com
plaint that the Elkhorn Vnlloy road
charges thirty-five dollars fet
htwuling a carload of cattle
from Tokamah to Omaha , a
distance of fifty miles , while the same
car load of Hvo slock IB hauled from
Toknmn to Chicago , over live hundred
miles , for fiixty-llvo dollars. The hon
orable members of the board probably
never have heard of this discrimina
tion slnco Ur. Billings advised them to
avoid premature deafness by stufiing
cotton in their oara.
AKTKII more than forty day's session
the house has not yet passed a single
appropriation bill. It is becoming
manifest that the scheme of parties in
terested in extravagant allowances tend
to hold tlio appropriation bills back
until the last days of the session and
then rush them through.
A Fnlitlunl Pnrailov.
St. Mtlil alalK.
Franco has a now ministry. Sneaking in
paradox , a now ministry in Franco is a chest
nut.
Tlic Thunderer's Distinction.
Huston Gtotic.
Tlio London Times Is now entitled to the
distinction of being regarded us the pri < sc
fool of journalism.
The Pnte of Now Mexico.
MtnncaiMltt Ti ibiinc.
Congress not only tucked Now Mexico in
the bottom of the tut eon , but put the cover
on as well.
Not Born For tlic titajjc.
C/ifaifjo Ttmts.
Mrs. Snvdcr , daughter of ex-Governor
Oglcsby , is not an actress. She lost her dU-
mends ono day and recovered ttiem the next.
Tammany's New Hole.
Itnlttmnrc .diiicrfcan .
Now York has now tlio pleasant spectacle
of Tammato trying to expose corruption. I
would seem that tlio best way to do this
would lie to publish an autobiography.
Won't Wnlic Aivny Alone.
St. Lntils l"Okt.Dl ) > aMi.
A Now Yoik democrat will pay au clcctloi
bet ny walking w Washington to see tlio In
uuguration of Gener.il Ilauison. Ho wll
enjoy tlio cUstinc'tion of walking there nlono
but ho will have ; plenty of good democratic
company when ho walks away again.
The Oh.fcdtlnn to Lmtty Guides.
KiiHuis CUu Journal.
A London dispatch says that Americans
contemplating ajiuropean tour will bo inter
csten in the u w Lady Guide association
The liuanciully responsible head of the family
will probably bq Interested in steering clear
ol it. A tour oivEuropo unaor the super vis
ion of a member of the Lady Guido associ.i
tion would resolve itsoll into u grand shop
ping expedition.
.Why. Wo Smllo.
Minneapolis Trlbuno : The Atlantic cable
is losing its crip. Hunry M. Stanley has not
been killed for several weeks.
Minneapolis Journal : Max O'ltcll will
continuo to receive now impressions ol
America , as long U3 ho can pall thu.n.
Terre Iliiuto Express : Whoa rogues
agree honest men catch the deuce.
Philadelphia Ledger : A four-gone con
clusion as to the flag Four , four , four stars
more. -
Oil City Ullzznrd : The woman without a
bustle looks like a hen when caught in
a rain-storm.
Boston Courier : Wo have great respect
for the penetration of the man who discovers
good nullities in us.
Yonkcrj Gazette : The chap th it is accus
tomed to getting "high kmws what it is to
rise with the "larlc. "
Now Yoik Herald : If Now York shall bo
left "cut In the cold" in constructing the
Harrison cabinet , the Intention is to equalize
"
the temperature by "making It hot" for the
administration.
Martha's Vineyard Herald : "Largo
checks" for ladies' dresses It an oJd , old
fashion. Ask any man blcssoJ with a wife
and daughters.
Hochester Post-Express : A Rochester
man celebrated Washington's birthday by
putting an egg under his lien and tolling her
to hatchet.
Chicago Herald : A weekly paper called
the Black Cat is to bo started in Now York.
Politically , of course , it will bo on the fonco.
o
Grouping ; ] .
The storm v petrol skims the ocean foam ,
The vessel sails aloni ? her lonely way ;
The sailor thinks of wife , and child , and
hoinn ;
The sun fudes In the west and ends the day.
There is no moon to loud a friendly light ,
The wild winds howl , the billows roll and
roar ;
Tlio ship strains every nerve till late at
night ,
And thnn ROCI down , a thousand miles
from shore.
At homo n palo an , ! ] sad wife sits , ami by
Her side a llttlo fellow from his play
Looks up , and , wondering , asks his mother
why
IIi father atiiya long , so long away I
bl'ATK AN'1 * TKUUITCmV.
Ncbralca
A mad dog was Killed at Pierce ono day
ust wook. / > ij
A petition la being circulated nt Broken
Bow for the formation of a V , M. C. A.
A petition ia belli ) * circulated prayini ; the
KIS tm aster general for a dally mull route
from Niobrara to yfehllgro ,
The unsafe condition of the Mothodlst
jliurch at Urokan'Upw ' lias nouossltatad tlio
iuspunslon of pubflp , religious scrvluos.
A Stromsburg nun , 1ms offered the mllltlu
xmipany of that place $100 If It succeeds in
carrying off the governor's cup at the uii'iual
jiiuampmont.
I'onca citl/uus have agreed to gjvo right of
vay , uud couulderablu land as well 113 sub-
icnbo for uirga \ amount of stock of the
Dirdeu short line if It will build to that town.
Dayton Ward , suporlntondent of public In-
itruotlon of Ulxou county , Is reported to bo
ibout to resign his ofllru unit go to Frumont ,
vhoro u more lucrutlvo position uwults him.
Ilcv. J , U. Kcrr , pastor of the Prosb.vter-
an church ut Kearney , has tendered his res.
gnatlon on account of his wife's falling
icalth. The resignation will take eJToct
Vpnl 0.
The old residents of Dodge county to the
lumber of sixty have organized the Doduc
Jaunty Old Settlers' aasouiution , A meeting
m beun hold at Frumont , but the permanent
inlcora have not yet boon chosen ,
A colored man of Kuox county is ambitious.
or political preferment under HarrUcm'u ad
ministration , W. Hi Clnlbornc ,
leading lonsorlnl artist. Is working- for the
nppolntmont of United States jmlnlstcr to
Havti , nnd n petition which ho Is circulating
Is being largely sinned.
Io\vn.
Stunrt has n fcmnlo fallli-curor.
Hock Hnpld Masons talk of building n hall
Squire Ueeso , ono of Iho oldest settlers of
Union county , Isdcsul.
Sixty conversions resulted from the re
vival at Gundy Center.
Story City is to have a canning factory ,
with n cnpitnl stock of J5.COO.
About $150 per annum It what the mayor
of Atlantic realizes from his ofllco.
James Galnoy , of Creston , 1ms been nr-
rcsteil by the United States marshal , charged
with "bootlegging , "
Dr. ICIrby , a imlnlcss tooth extractor , who
icccntly operated In Hoonsboro , has re
turned to that place from Nebraska in com
pany with the ahcilIT , Ho will answer to
the charges of bigamy nnd soiling intoxicat
ing liquors.
Joseph Hcagnn , of Sheldon , has applied
for the postmustorshlp there. Ho bases hU
claim upon two grounds. First , hoiis a
member of General Harrison's regiment ;
second , ho weighs 400 pounds , and assures
the department that ho can hold the ofllce
down.
A religious crank Is creating a sonsalion
In Corning and vicinity by preaching ami
fastlmr. Helms nn Idea that the .Almighty
has called upon him to fast for forty days
and ho has already accomplished moro than
half Ins task. His name is Kiinn nnd ho
lives eighteen miles north of Corning , just
acioss tno line in Cuss county.
Mr. and Mrs. Charles E. Crane , of Harri
son county , have a daughter who starts out
In lifo with the following relatives : Ono
great great grandpa , ono great graudpi , two
grandjas | , three great grandmas , two grand
mas , six great great uncles , two great great
aunts , nlno great uncles , cloven great aunts ,
four uncles , flvo aunts.
Dakota.
An Odd Fellows' lodge has been instituted
at Salcui.
A butter famine has boon prevailing at
Vcrmlllion.
The arrival of spring at Armour has killed
the literary society.
Centcrvillo now has n brick yard , which
Illls n long felt want.
Many now buildings will bo erected at
Montrose the coining season.
There is n greater demand for Ilapid City
property than for several yoais past.
The work of rebuilding the Mitchell uni
versity will bo superintended by Prof. T. A.
Duncan.
A corn sliellor crushed ono of the hands of
a six-yoar-old son of F. Baden , living near
Parkcston.
Now machinery will bo placed In the Pierre
( louring mill this spring and the mill put in
operation.
The superintendent of the Lawrence
county schools is endeavoring to establish n
uniform series of books.
The farmers of southern Brulo nnd north
ern Charles Mix counties have organized the
Bijou Hills Farmers' institute.
The WoonsocUct Times contains the fol
lowing : "F. 11. Campbell , weight 23'J ' ; Bun-
bor , weight iisS , nnd Frank Andersonweight
2i'J ' pounds , have agreed to con tine them
selves to a diet of bre.iU and water , with ono
cup of coffee per day , for the space of thirty
days , the object being to reduce superfluous
flesh. "
Waters' Arrt'flt nnd Ksenpr.
Li vw eon , Neb. , Fob. 20. To the Bailer of
Tun Bii : : Your issue of the 22d containedni
article relating to a "Jim Crow" dctcctiv
who had arrested a man supposed to bo the
murderer of Miss Ellen O'Neill , of Pougli
kccpsio , N. Y. To put at rest the mistake !
idea of the public I desire to say a few words ,
On Thursday , February 14 , n suspicious
character came to Llnwood , soiling a silver
polish for brass nnd copper. This man was
at once suspicioned as John Waters. Ho
gave his name hero as Frank Baker , Dai :
O'Dotmel and Pat McAuliff. Ho was ar
rested on the night of the 15th , and held in
the Northwestern hotel as a fugitive from
justice , and the authorities of Pougnkeepsio
notified. They telegraphed to L. E. Sewers ,
who had him in custody , to examine his arms
and repot t what wus found upon thorn. After
examining his arms the number of sc.irs
found on them was reported. Upon this re
port tlio authorities notified L. E. Sewers
that he had a pictuio of a woman tattooed on
onpof his arms. Upon this information the
prisoner was turned loose. A letter contain
ing a full dcscrintiontif Waters was sent to
L. E. bowers , which was received the 22d ,
also , a tclecrutn stating that the authorities
had found Waters' wife , nnd that she had
stated that there was not a tattoo on Waters'
arm. Upon this information L E. Sewers
telegraphed Sheriff Darnell , of David City ,
to hold Waters , and a telegram -
gram was received n few hours
later that ho hnd the man
in custody. SatunJuv Sewers appeared and
went before Justice McCaskey of David City
and swore out u conmluint nnd had the 'pro
per warrant served. The prisoner was
Drought into court and a lawyer appeared as
his attorney and waived examination and
said his client would go to jail until Monday
at 10 o'clock when ho would be ready for a
hearing. At 8 o'clock that evening this
same attorney appealed before Countj Judge
Clingman and swore out a writ of habeas
corpus , which was served upon Sheriff Dar
nell and the prisoner was released that
night and imulo his escape. The prisoner
had been proved to bo Jolin Waters , by his
own conversation and also by certain scars
upon him. Sheriff J.V. . Vantassoll. of
Duchess county. Now York , had telegraphed
Sheriff Darnell to hold the prisoner. Waters'
wife had also telcgiaphcd Detective Sewers
to hold the prisoner until HIO ! could appear
and identify him. Judge Cliugman's action
In releasing the prisoner is unfavorably com
mented on here. D. D. W.
A. t'laln .SlariMiu-iit.
Fr.i.MOM1 , Neb. , Fob. 2" . To the Editor of
TUB Bii : : : In your Issue of January 2 > there
appeared certain special dispatches relating
to the matter of my visit to Nowburyport ,
Mass. , ut that date.
These dispatches wore of such import as to
Injure mi ) among those who do not know mo
personally , and I bog the privilege of giving
the facts of the case , which , briefly stated ,
are ns follows : I had no quarrel or
trouble with Mr. Hulbort during his sojourn
in Fremont. Ho hnd many quarrels hoio ,
but I was not a party to any of thorn , but on
the contrary , I had been to special labor In
defending Mr. Hulbcrt us ugamst tlio.su who
wcro opposed to him , In order to conserve tlio
peace of our society.
After ho loft Fremont I was applied to by
a committed of thochuich at Nowbur.vport
ns to Mr. Hulbuit's fitness and standing. My
icport was unfavorable.
About ono vcar after ho loft Fremont I
wus informed that Mr. Hulbort hud boon
saying huru things about mo. I made in
quiry as to the matter , and the reports being
fonllrmod , I wont to Nowburyport to look
Into the matter. I found his tongue hod been
for moro-slanueroiiB and wicked than had
been represented to mo , and Immediately
thereafter I preferred charges against
him bcforo tlio chutch of lylngandslander.
The matter was suppressed from time to
time until It eamo about that a council was
called to dissolve the pastoral relations bo-
twcen himself and the church , at which
council 1 put In nn nppoaranco with demand
to bo heard , nnd 1 wus hoard. Tliooutcomoof
the matter was that I substantiated my
charges uttered against him ; while Mr. Hul-
jort expressed sorio\v for what ho had said
about mo , ho claimed when brought to bay ,
that ono of our members now deceased , had
told him these things to him and that ho had
only told what ho had heard ; whereupon I
rested the case , as 1 WAS not at that time pro-
tared to show by ovideuua that , to save him.
iclf , ho had slandered the dead , but which/
am fully prepared to show at tills time.
The council gave Mr. Hulbort the benefit
of the doubt , and decided that the chargeof
ylng had not been sustained.
JUNIUS Rooms.
Children Cry for Pitcher's ' Castoria ,
When Doby WMJ JcU , wo gave her Castoria.
When the wa * a Child , she cried for Castoria ,
When she became MUi , she clung to Coxtorla ,
SVJ1 in riie hail Children , the gave ttwa OslorU.
LINCOLN NEWS AND NOTES ,
A Party Which Knows How to
CombineBusluosa and Pleasure.
DISTRICT COURT PROCEEDINGS.
An Interesting HlglM of Wny QIICH-
tlon Como Up lloloro
Clinpninu General and
1'crminal Uutslp ,
LINCOLN-BCHEAU orTiutOuutv BBB , )
11WJ P SrilBKT , [
LINCOLN , Feb. 27. |
pTho legation complete , the 6tato board of
transportation , board of secretaries and
chlefclerk , consisting of Secretary Laws ,
Attorney Ocnernl Lcoso , Auditor Benton ,
Treasurer Hill. Commissioner Slecn , Judge
Mason , Jndgo Muntrur nnd II. M. Waring ,
start for Washington tomorrow nt IMO In
the afternoon , ostensibly to attend the moot
ing of the railroad commissioners of the
United States , nt the Invitation of the intor-
.state commerce commission , which takes
place on the ilny following the inauguration
of Harrlslon and Merion ns president ami
vice president of the United States. The
contemplated meeting furnishes the party
with nn iKimlrnblo opportunity for killing
two birds with ono stone. It is given out
that the trip will bo made over tlio Burling
ton to Chicago , thence to Washlnpton over
the Baltlmoio & Ohio. Until to-day the
the board Intended to nuiko the journey over
Northwestern , pursuant to an urgent Invi
tation fiom the olllclals of that road. Owing ,
however , to some unfoieseon circumstances ,
the oftlelals of the road notified the board
that they would not furnish the specllled
car , nnd a change was miulo to the Burling
ton , but the Union 1'aclllo folks furnish the
cor , and so it can bo seen that a number of
roads have n linger in the pio. The distin
guished party will enjoy a free rldo to Chicago
cage , but f lorn thcro tlio boy * got down Into
their pockets for the daddy dollar. It scorns
that courtesy ceases when roads nro reached
that lie beyond the jurisdiction of the board.
It is learned that the company will bo from
homo about ton days. The governor will not
make oiui of the parly , as indicated by Tin ;
Br.n this morning. The lieutenant governor
will also remain at his post. This makes It
impossible for Church Howu to warm the
goveiuor's chair until ho Is properly olcctcd.
The special effect of the board
in making the trip is to gather information
mation that will enable the members to vote
intelligently on railway questions effecting
the inleicsts of the state. It is understood
that some of the mctnuors will bu accom
panied by their wives. So business mid
pleasure combine , for ttio party will attend
the inaugural ceremonies and the atlemiing
splendors.
District Court Orlst.
Hon. S. M. Chapman I * trying the case of
Silas II. Burnham vs. the Chicago , Burling
ton & Qulncy Uallroad company. The action
is to have settled In the plaintiff the right ho
claims in land in the valley a little west of
town , and through which the B. & M. road
ruijs. The plaintiff asserts that the com
pany has no right to the right-of-way. The
answer of the road is that It Is properly
in possession by purchase , and also by adverse -
verso possession for moro than ten years.
The company claims IfK ) feet on the plain
tiff's land , and plaintiff says that at the ut
most the company ought not to have more
than 50 feet , alleging that the condemnation
proceedings of the company had been dis
missed and were at an end when Eaton took
his money out of the court house and gave
his deed.
The case On which tfie jury is out , tried before
fore Judge Field , is that of Simon Hone vs
Ilickurds & Co. The defendant had run a
restaurant on North Seventh street , W. II.
Kickard being an incoming partner , with
oneF. W. KinHc. Before Klckanls came
Into the company u cigar bill of $103 had
been contracted with plaintiff. Kinzio ad
mitted that tlio linn owed the
debt , while Rickards said that ho was
not liable for a debt contracted before he became -
came a partner. This is the issue for the
jury to determine. From the peculiar stand
taken bv the defense , it is said that Rickards
is the only responsible party to the linn.
Supreme Court I'rocccdliiKB.
The following causes wcro argued and
submitted : In 10 Louis BergolF. Booker vs
Puycar. Nebraska Telephone Company vs
York Gas Company.
The following cases wcro filed for trial :
John M. Thomas vs L. A. Etwein. Error
from Perkins county.
In ro Louis Borghoff. Habeas corpus.
The State of Nebraska ox rol Joseph.1 nines
ITS George Lyman et al. Quo warranto.
Urnnes vs Sherman. Error from the dis
trict court of Johnson county. Anlrmcd.
Opinion by Justice Cobb.
Janlleld vs Gurlo.v. Appeal from the district
court of Douglas county. , Reversed and
dismissed. Opinion by Chief Justice
Heeso.
1. On thoaist day of Jnlv , 1838 , G pur-
ihased from T a city lot , and took a receipt '
for $50 , advanced M part pnvmont of tin
purchase price , which was $1,800. Tlu
terms being tnnt (1,000 In cash should ba
paid on tlollvory of ft deed , O to assumes the
the payment ot n mortgage of $750 ; the re
ceipt containing a stlpulalion lhat "if Onal
payment Is not made within twenty days , nil
rights nro to bo forfeited. " Poisesslon wna
not taken by the vondeo. At the expiration
of Iho twenty days , T tendered to 15 a war
ranty ilccd ami demanded payment , which
was refused , the reason nsslgned bolnp that
ono C hnd Instituted against T nn action for
the specitlo performancoof n contractor sale ,
made on the Dili day of August following the
date of the contract between ths parties , but
which sale was sale was shown to have been
made by nn agent , without authority , nud of
which ( ! Imil notice. On the 83d of Juno ,
1SS * , a Hied his nnswcr nnd cross bill In the
stilt of C agnlnst T by which ho sought n
specific pcrfoiinunce , nul : conveyance of the
property , in the meantime , the projwrly
had greatly Increased In value , owing to the
construction of a cable road In an adjoining
fitrcol. It was hold , that tlmo wns of cssonco
of the contuu-t , and Unit Q could not en
force It.
hi such case , the fact that nn notion hnd
been Instituted nianst ( the vendor for the
puiposo of enforcing n contract of sale
winch was known to the veiulcu to bo void ,
and could not bo enforced , would not relieve
the vendee from the performance of the con
tract on his part , when demanded by the
vendor , and hU refusal so to ilo would bo a
rosclslon of tlio contract on his part.
Union Paclllo railway company vs ( Jrnddy.
Error from the district court of Douglas
countj' . Anlrmcd. Opinion by Mr. Chief
Justice Ueoso. .
1. "Where nn Instrument consists parti v
of written and partly of printed form , the
former controls the latter , where tlio two
nro Inconsistent. " Section S40 of the civil
code.
2. Defendant was employed by plaintiff to
render such service as might bo necessary ns
"consulting ocullfit and iiurist. " The contract
was partly wrllteii nnd partly of printed
form. By the p Intcd form the physician
employed agreed "lo perform nil necessary
surgical and medical services for the treat
ment of said persons , If required to do so.
and to furnish the necessary medicines ami
surgical appliances for the same. " The
words "ana to furnish the necessary moill-
clncs and suigical appliances for thoButiio"
wcro erased so that the portion of the con
tract which wns In writing immediately fol
lowing the words "if required to do so" wus
"by the chief surgeon as consulting oculist
ami aurist " clo. It hold
, was upon a con
sideration of the contract In the light of the
evidence , that the employment was only as
consulting oculist and aurist and not ns oper
ating physician or surgeon.
U. Upon an examination of the evidence In
troduced upon the trial , it was hold that
plaintiff in error's division surgeon was au
thorized to and did employ defendant In error
to treat ono of plaintiff's ' employes as an
operating physician nnd surgeon.
Btrci'lz vs Hartman ct al. Appeal from the
district court of Douglas countv. Af-
llrmud. Opinion by Chief Justice Uoeso.
1. Whore there Is nothing upon the lucoot
a deed from a trustee to a purchaser showing
that the sale was made in violation of or con
trary tj the power contained In the deed ot
Irust , a subsequent purchaser who has no
notice in fact of any irregularity in the sulo
by the trustee , will bo protected ns nn inno
cent purchaser.
2. A tract of real estate was convoyed to a
trustee on the 31st day of January , 1S05 , in
trust for the use and benefit of nnd to bo
convoyed by the trustee to each member of n
homestead society , according to their several
Interests therein. In 1SIW , the property was
platted ns an addition to the city of O. Soon
after the time a number of the members of
the homestead society met in the city of O
nnd divided the property , deeds being made
to them by the trustee , necordmg to their
several interests. A number of lots re
mained unconvcycd , for the reason that the
persona entitled to them could not bo found ,
in ISC/J , 1ST,1) ) and at other periods , It became
necessary to sell n portion of the unconvoyod
lots for the payment of taxes on. and tlio
preservation of the remainder of the trust
estate. The sales wcro all made for value
nnd the funds arising applied to the object
for which the sales wcro made.
The purchasers conveyed the pro-
poity for full value , and nt the com.
mcnccincnt of tno suit , the lots wore in part ,
held by grantees in good fultli , and without
actual notice of any deviation from the terms
of the trust , while others hold under pur
chasers for vnluo but with hiich notice. No
actual fraud was shown. At the time of tlio
commencement of the action , there was suf
ficient unconvoyod lots to satisfy the shares
in the homestead society held by plaintiff as
assignee.
It was hold that plaintiff had no equities ,
ns against such subsequent purchasers ,
whether with or without notice ns would entitle -
title him to ignore the unconvoyed lots and
recover title to the lots previously sold.
ii. "While tbo statute of limitations docs
not run In favor of a trustee , where the trust
estate is created by privity of contract ; yet
whore such relation exists by act of law as
where u trust estate is traced into the hands
of a defendant the statute of limitations will
run In favor of the persons uhurged with
such trustship.
A BABE IN THE"HOUSE
Is the source of much sunshine nnd joy , brightening ninny a daik cloud nnd
lightening many a heavy load but joy.s continual abide only in a healthy body.
Wo believe that the Creator , with great wisdom , has distributed over the earth
vegetable remedies for every ill of human l.Ind. This marvelous Laboratory
reveals its eccicts to 111:111 : only by long nnd searching labor. Few men have
attained greater success in extracting nnd skillfully combining curative nronertle *
from the vegetable kingdom for the alleviation nnd euro of human IIU , than Dr.
B.V. Pierce , of Buffalo , U. Y. Ills "Fnvoilto Prrscilntlou'Ms thoonly mcdlclnu
I forthocnrnof all these ailments nnd wcax-
CrXJARA1XTTEI3IXI "esses peculiar to women , sold by druggists -
' gists , under a nosltho gunrantco from the
manufacturers , that it will give satisfaction , or money paid for it refunded.
As nn luvlgoratliiff tonic , It Imparts ptrcngth to the whole syitcm. For
overworked , "worn-out , " "run-down , " debilitated tt-achori * , milliners , dress
makers , seamstresses , "shop-girls , " housekeepers , nursing mothers , and fucblo
women generally , Dr. Plerce'a Favorite Prescription Is the greatest earthly
boon , being unoqualcd as au nnnctl/.lng cordial and icstoratlvo tonic.
As ft sootliliiff nnd streiigllicnlug nervine , "Favorite Prescription" Is un-
cqnnled nnd Is Invaluable In allaying nnd subduing nervous excitability ,
exhaustion , prostration , hysteria , spasms and other distressing , nervous symptoms -
toms , commonly attendant upon functional nnd organic disease. It Induces
icfrcshing sleep nnd relieves mental anxiety and despondency ,
Copjriuht , 1883 , by WORLD'S DISPENSAIIV Mznicxi , ASSOCIATION , Pioprlctofs.
Dr. Piorco's Pellets regulate and oleanso the liver ,
stomach and bowels. One a dose. Sold hy druggists.