THE OMAHA DAILY BEE ; THURSDAY MAROH 28. 1889. IT CABNOr BE PICKED UP , The Australian Election BUI Klllocl By the Sonata. A PROTEST FROM THE PRINTERS , They Anlc n tlcconslilcrntlon , Hut The Ilulcs Do Not .TusliTy It nnd the Matter In Set Aside. The Case In HopclcfM. LINCOLN , Neb. , March 27. I Special to Tnit Br.K. ] The following commlcatlon was road in the senate this morning : Whereas , U has como to the knowledge ot Omaha Typographical union , No. 100 , that house roll No. 77 has been indefinitely post poned In the state senate ; therefore be It Resolved. That wo demand of the state sonata the immediate reconsideration of the vote by which this bill wns postponed , and nlso that it bo enacted Into law. Resolved. That a copy of those resolutions ho sent under seal to each member In the senate from Douglas county. The bill referred to embodies tbo Aus tralian election system. Senator Paulson moved to reconsider the vote by which It was defeated , but his motion wns ruled out of order. Ono or two similar efforts hnvo been inndo to rcsustlcato this measure , but its coflln lid Is nailed down and cannot be re moved this session. When it wns Indefi nitely postponed a motion was' made to re consider the vote , nnd that motion was ta bled. This Is n parliamentary method of clinching the codln nails to insure undis turbed rcposo for the corpse. Resurrection may occur in a future legislature , but the friends of the mooAtiro may as well under stand that It Is securely burled BO fur as the present session Is concerned. Late this afternoon ( Church Howe called up n house bill changing the time of meeting of presidential electors. Ho moved to amend by striking out nil after the enacting clause , and substituting the body of the Australian election bill. Ransom raised the point that the Austra lian bill had been killed and the vote clltuThcd , but the chair ruled that anything could bo offered ns an amendment. Howe's motion to amend was tabled by a vote of 10 to 13. Mr. Hull Explains. LINCOLN , Nob. , March 37. [ Special to Tnn BEK.J A decided misunderstanding has arisen between Representative Hall , of Lan caster , aud Church Howo. Mr. Hall arose to a personal explanation to-day and asked to spread the following on the journal of the house : "Church Howe , a member of the senate , having charged in open session upon the Bonato floor this forenoon that Hall , of Lan caster , in the house , was the cause of striking out from Bonato lllo No. 102 of the provision that secure n license a saloonkeeper must with bis petition send in written consent of adjoining property owners , and that Raid Hall caused said provisions to bo striken out of said bill because ho wai unwilling that anyone ono else should got the credit for such enact ment , said provision inserted as an amend ment to house roll No. 12-1. Introduced by .Bald Hall , which bill was defeated by the house on final passage. "I therefore rise to a question of privilege to the foregoing ctuirgo of said Howe and atato that the statements of said Howe re ported to me as given above ave devoid of truth In every partlcularthat ; ; Baid provision was stricken out bv the house committee on cities and towns ; that I consented to said action because of the adverse vote thcroon by the house as shown in the vote on house roll No. 124 nnd for the further reason that Bald Howe came himself to me , requested that-said provision bo stricken out for some reason , aud added in his sweet , confidential tone , 'I never took any stock In the provision nnyway. ' "I desire further to state that the only in terest I had in senate file No. 103 was occa sioned by the fact that It , as amended by the bouse , provided for an excise board In Lin coln , n necessary amemlraent to the liquor law to enable.the Lincoln charter to become effective nnu that I was not playing for , the presentation of a silver tea sot of ninety-one pieces to myself , from Omaha or elsewhere. " Outlook for 'Adjournment. LINCOLN , Nob. , March 27. [ Special Tele gram to TUB BBC. ] "I want to go homo" is the universal cry , but adjournment IB about as much an uncertainty as over. The senate has Its affairs well in hand and can go out of business on Friday , but the plunderers In the house may succeed ia getting up a row over the senate's reductions in appropria tions that will extend tbo session to the next week. The salary bill was read a second time in the senate to-day and to-night is being considered by senators in conference. It ia not lone , has already been pruned by the bouse , and may bo disposed of in the senate to-morrow. The deficiency bill was road the first tlmo this afternoon and will roach passage on Friday. The senate has little of consequence be fore it. The farmers of the house have agreed to concur in the senate reductions , hut if they fall to control that body tbo re- 0U.lt wilt bo a fight and a conference committee - too , Tuo purposes of Stout , Butler nnd Konnard nro shrouded In mystery. There haa not been n "poop" m the senate , but they nnd their lobbyists are banging about the capital. The sohomo of the jobbers la the house Is to got the appropriation bills into a conference , and it is whispered that Stout , Butler and Kennard hope to reinstate their claims tbrouga that channel. No other ave nue now seems to bo open for thorn. The appointment of the conference committee , 11 it ' comes , will devolve aa important powei on'4ho presiding oOlcgre. The Extra Pages. LN , Nob. , March 27. [ Special to Tin Bnc.I What will wo do with this oxtro pages 1 is the query that Is bothering the ay- erago member of the houso. Two years' age two boys not on the pay roll hung around the house most of the session , and In the closing hours a resolution was rushed through allowing thorn full pay as pages This year nearly a dozen , falling to secure an appointment by the speaker , have trlec the same trlok , and to-day a resolution vya : introduced to place them on the pay roll , But the effort was not a brilliant success. \Vhlto ot Cess moved that the resolution be Hid on the table , and the motion prevailed by a vote of 40 to 89. The bill for these suporservlcoable pages Will amount to $1,000 , and If the bad exntnpU of the last legislature Is followed , and these claims allowed , two years bonce the leglsla- turo will bo literally overrun with boys wh < expect to draw their $75 to $100 from tbi state by means of a little resolution rushec through In the closing hours of the session , Moro Claims. LiNCOi-K , Neb. , March 27. [ Special to Tni BBS. ] There seems to bo no end of claim ; against the state. The special deficiency bill has been disposed of nnd a multitude o similar claims , and -to-day a bill of mlsool laneous Items , amounting to about $9,000 wa called up. Bortts moved that the whole bll fee tabled , which was voted down. Bobcoot Gets Left. LINCOLN , Neb. , March 27 , ( Special Tele from to TJIK BEK.I Auditor Benton -deal > ho report that ex-Auditor H. A. Bftbcock li to bo appointed Insurance deputy , and sayi Abe place will go to O. B. Allen , already i / clerk in the office. Senate. LIXOOLK , Neb. , March 27. [ Special to Tin ? 3 .J Tnu Bur's exclusive information a. ( to the actions of * ho senatorial alliance 01 Appropriations not only caused a genera scramble for that paper , but It brought to th Aonato this morning a big audience of on lookers , Including many representatives ani other friends of state institutions. The committee appointed to Investigate th sitoto farm and the agricultural experlmonta station presented a majority and a mlnorlt' report on lines already explained In THE BCE 'ttho reports were long and wore orderei ppreud on the journal without being road spirited contest is anticipated when the ; I are taken up for action. V Senator Church Howe moved to suspom pth regular order ot buiinctt and go int < ,1 ommlttoo ot the whole to consider the or- pcnso bill. Senator Raymond objected and called for ho reading of Hall's house bill fixing n chcdulo ot maximum frolsht rates. Mr. laymond has not boon Invited to the senate- lul conferences on anproprlatlons nnd has > ccn a persistent advocate of railroad Icgls- atlon < Senators Ho wo nnd Raymond thereupon engaged In a wordy spat In which each ilrcd the political ambitions of the other , lowe charged Raymond with posing ns a reformer1 to catch the guborna- orlal nomination , and Raymond re torted by accusing Howe of congres sional aspirations , to further which ho trims on nil occasions nnd meddles In Iho charters if cities in which ho ha % no interest Tlio Ively crossfire cnturtnlned the spectator ! ? , ind Senator Norval capped the climax with ho following : Resolved , By this senate that the Hon. T. W. Raymond is hereby endorsed for the Of- Ice of governor of this state , nnd the Hon. Jhurch Howe is likewise endorsed for con gressman of the First district ; and bo It lurthor Resolved , That the political hatchet bo- .wcon these two gentlemen bo , nnd is hereby forever burled with the handle up. Later In the discussion Senator Ransom stirred up Senator Bcardsloy by chniging that Lancaster county was the homo of ilundercrs who were in every plot to rob the Btnto treasury. Mr. Beardsloy criticised the lolitlcal course of Ransom , and referred to , lie senate as a slaughter house. Tills ro- umrk was particularly pat because a slnugh- , or liouso Item for the Lincoln hospital for the Insane was under consideration at the time. Senator Lindsay supported Bcnrdsloy by raising a point of order that Ransom's speech had nlrcady boon delivered and sat down on several times. Ransom retorted by enylng ho was tired of being barked at and wanted Llndsnv to sit down until ho got through. And thus the tilt went merrily on. Howe's motion was adopted and the com mittee of the whole took UD house roll -133 , inown as the expense bill. The programme' agreed on by tbo senatorial alliance was car ried out without other Interruption and with only ono clrangc. The latter , nt the request of the supreme court , was' the allowance of 53,000 for bailiffs Instead of $1,000. The fol lowing statement shows the aggregate re ductions In the various state departments nnd institutions from the bill ns passed by the house : Governor's ofllco $ 1,100 Adjutant general ( UK ) Commissioner of labor 1,100 Secretary of state 500 Auditor 800 Superintendent of public instruction. . 750 Commissioner of public lauds mid buildings 900 Board of public lands and buildings. . . . 8,010 Supreme court 0T : ! 0 State library 5,000 Normal school-Peru , . . . . 2DO Penitentiary . 1,100 Hospital for Insane , Lincoln. . . . ; 44.200 On- the other hand allowances were In creased as follows : For treasurer $000 , su perintendent of public Instruction $1,800 , Lincoln hospital for insane $11,000. AFTEIIJJOON SESSION. Senator Ransom dragged his live stock commission bill from the judiciary commit tee , after a struggle , with a motion request ing the commltto to return it to the senate. Ransom's original bill abolished the live stock commission In Its entirety. The house amended by re taining thn stnto veterinary and the quaran tine law , with an appropriation of $10,000. The senate defeated an amendment to allow the veterinary to employ .an unlimited mini- bcr of assistants , also an amendment provid ing that diseased animals shall bo killed at the expense of the state instead of the owner. The previous question was moved , nnd after an hour's struggle the house amendment was concurred In 33 to 0. . The senate then wont into committee of the whole aud resumed consideration of the ox- ponsc bill , making the following reductions. Hospital for insane , Norfolk $40.800 Hospital for insane , Hastings 23,750 Industrial school , Kearney 8,100 House. Neb. , March 27. fSpoclaVto Tnn BBE. | Mr. O'Brien offered a resolution In structing the committees on accounts and ex penditures to audit and pay the expenses of the Douglas county contest cases in accord ance with the schedule on file. Sheppard moved to table the resolution. Carried to to 10 , A motion to place the name of ono of the nine extra pages on the pay roll was lost on a roll call demanded by iVhito , by 43 to 30. Majors offered a resolution instructing the proper ofllcors to purchase all public sun- plies at wholesale after advcrtisle- bids as provided for ia ti > c Statutes. Tno reso lution Was unanimously adopted. The committee appointed to Investigate the college farm filed a report stating that the farm is not being managed in the best pos sible mannor-to carry out the purposes for which it was established , and making sundry recommendations. The report was placed on fllo. fllo.Bills on third reading were taken up. The following were imssedt Senate Bio 171 , a bill by Raymond , pro viding for the regulation of banks , with house amendments. A bill by Raynor providing for the , sub mission of a constitutional amendment in creasing the number of judges of the supreme court from tbrcn to five , and increasing the salary of thcso ludgos from $3,500 to 3,500. A series of bills to organize a county out of the Omaha or Blackbird Indian reserva tion , with contiguous territory now belong ing to Wayne into a county , to bo called Thurston , A bill by Raymond giving nnrtles who fur nish supplies to contractors or perform labor on any railroad , canal , ditch , bridge , viaduct or similar Improvement a Hen on the product of their labor or the Improvement for their pay was under discussion. Baker , Gushing and Christy , ot Clay , de nounced the bill as a vicious measure , alined not at railroads , but at contractors , The lie use refused to take uu the bill and ordered It to u third reading by 70 to 0. A senate bill to establish a normal school at Nellgh was lost on final passage by a vote of 33 to 40. AFTEntJOOS SESSIOK , Hall arose to a personal explanation in rof- orcnco to a modification of the liquor laws , providing that abutting property owners shall sign the application for a permit. Ho charged that Senator Howe had made a false statement In the senate in regard to his action in committee. A bill fixing rates of toll for the bridge across the Pintle between Sidney and the Black Hills was ordered to a third reading. The house went Into committee ot the whole on the claims. House bill 470 , a bill to pay miscellaneous items of claims , was taken up. Bortls moved to indefinitely postpone the whole bill. Lost-2l to 41. The Item of $13 to State Journal company for printing was sharply quostlonad by Do- liuiey , Hill of Butler , Spccut and others , but finally allowed. An item of $123 In favor of E. C. Miller for returning a fugitive from justice was stricken out ; also an item of $300 in favor of C. J. Wcstordabl for a similar service. The Item fS.OOO for extra services of W. H. Wllcox , architect of the capltol building , was stricken out ; also an item of $333.40 in favor of J. E. Stock well for material fur nished Grant Memorial hall , and $790 In favor of M. It , Dorsoy for material furnished state capltol building. Various items in favor of A. F. Bray , M , F. Free , Meyer & Co. , Himebaugh & Taylor , J. J. Johnston , G , W. King , Rogers Brothers and Northwestern Gravel company , for ma terial furnished the Deaf and Dumb insti tute at Omaha , were stricken out. Tbo Johnson bill providing for. a state printer was killed on a roll call by a vote ol 63 to 29 , after a sharp fight. Legislative Gossip. LINCOLN , Neb. , March or. [ Special to TUB Bim.1 Representative Rhodes , of Pawnee , has been elck at his homo in Pawnee City for several days and \ rhardly \ \ be hi his seat again during the session. John M. Thurston may now rejoice. The Thurston county bill , which has been moat ably nnd skillfully managed from the start by Messrs. Peebles and Abbott , of Fender , passed the house to-doy-with the emergency clause , and will become a law as soon , as it can bo signed by the governor. Representative Berry , of Pawnee , has been called home by serious illness In his family nnd will hardly bo able to return la time to take part In the closing soanos. The normal school combine have given up the fight. Messrs. Reed , Eoklcs. aud Car- rington , of Cbadrou , who have boon assidu ously urKtef ? tha claim * of thatfiUmt young 3T city , liavo glrcn tip all nope and returned homo yesterday. The following member * who voted ngalnit the Kcnnnrd claim were accidentally nmlttod from the published roll call : Messrs. Hunter , Johnson , Kclpor , Larson , LftMl , Ley nnd Majors. . Among the democrats on the floor who do not train with the boodle crowd is John Mattes , Jr. , of Otoo. Mr. Mattes voted ngain t the Stout nnd Butler and Konnard claims , nnd stands In with the "fanner com bine" in their efforts to prevent the raiding of the treasury. H. T. Clark , of Omaha , nnd Representa tive Kayncr , of Cheyenne , cot into a lively nltarcatton on the floor of the house over the bill to reduce the toll on a bridge over the Pintle between Sidney nnd the Black Hills country. Kayncr charged that the rates of toll have been outrageously hln ( , the sum of ( J being asked for n single team , which Clark vigorously denied , and both gentle men became considerably excited. Special credit for knocking out the Ken- nard claim of $11,000 belongs to Gilbert of York. Mr. Gilbert took the pains to thor- ouehly Investigate the matter and in an able nnd convincing speech disclosed thu true character of the claim. PAUGHlBns OF THE QUAKD. 1'rcpnrntlons Milking for a Mcr- clinut'n Carnival , to bonlvon April. "Eyes this way , " commanded Contain Schnrit as ho stood on the right of of a company of thirty-two members. The captain's voice was mollified nnd the orders were given in n rather "ploaso-do1' tone , differing widely from the ringing com mands ho issues to his company , thu Ouiahn Guards. But the captain was not drilling the guards , 'Iho pretty eyes that flashed towards him in "right dress , " had for their owners thirty-two of Omaha's pret tiest and most accomplished daughters. Up and down , across und back , in company front nnd columns of twoi nnd fours , they marched with vha trend of veterans. The progress they hnvo made In two or three drills is wonderful. The alignment and wheeling by fours were perfect. Those young ladles nre making prepara tions for the "Merchants' Carnival , " to beheld held at the Exposition hall on Tuesday evenIng - Ing , April 2nd. The entertainment will bo given by the Women's Christian association , a benevolent society of this city for the benollt of the Open Door. The young ladles will represent different mercantile houses and Industries of O in aba and bo attired In costumes symbolical of the busi ness house for which they appear. The entertainment will bo unique anu very inter esting , consisting of a drill by tbo young Indies , dancing by children nnd an exhibi tion drill by the Omaha Guards. Ices and cakes will bn served as refreshments during the coming. The privilege of being represented in the carnival was sold to the merchants by auction , the prices paid , in some instances , running as high as $2T . A friendly rivalry exists among the merchants and they will vie with each other in their efforts to costume their representatives ap propriately and uniquely. Uoon a fair trial I find Salvation Oil the best euro for rheumatism I hnvo over known. It gives relief more quickly , and always does Its work. JOSHUA ZIMMKHMAK , Wcthcrodvlllo , Md. Chronic coughors are bores to the commu nity nnd should bo forced to use Dr. Bull's Cough Syrup. A PAIlNASt STREET SMASH. Four Teams Ituu Away With Oisns trous RcBulti. "Now If that horse only kills himself , I'll bo satisfied , " exclaimed Mrs. G. A. Palmer as she stood in C. S. Torbltt's drug store on upper Farnam street about 6 o'clock last evening and brushed the dust out ot her hair. Outside a big crowd had gathered and was viewing the remains of four vehicles in a terrible state of delapldatlon , nil caused by Mrs. Palmer's fractious horso. Mrs. Palmer's young f > on was driving the animal , which was attached to a double-seated rig in which Mrs. Palmer was riding. At the corner , of Twenty-fourth nnd Faruam the horse bo * came frightened and ran. and in its mad flight collided with throe other vehicles , and immediately four horses were dashing'down the street. Mrs. Palmer's carriage was the lirst to como to grief and that lady landed on her head close to the sidewalk. Then the buggy of R. R. Grotto , the wholesale liquor dealer , containing the owner , his wife , son Arthur and baby , collided with a telcgrao i polonnd-Br _ Uou its occupants on fej-pnvo- Kent. Amost ) nt the some Instant the de livery wagon of Samuel Burns turned bot- . torn side up , ana a horse attached to a Gate City market cart tumbled over the high em bankment into an adjoining lot. Confusion reigned for several minutes and it was re ported that several people were badly hurt , but an examination showed that the only serious injury was to young Arthur Grotto , who sustained a deep cut on tbo forehead. When his wound was drcssod ho was able to bo takfau homo and will bo all right again in a few days. Mrs. Palmer suffered a slight cut on the lip , but other wise was not hurt in the least. The Grotto baby came up smil ing out of the general xvrcck , and laughed to sea the doleful look on Its parents' faces. It was an accident with.some very lucky fea tures. - I like my wife to use Pozzoni's Com plexion Powder because it improves her ooks and is as fragrant as violets. ONE MONTH'S UX1M3RIBNOIS. A Very Encouraging Report of the Oreoho's Progress. The ending of the first month in the now Creche brings the following report from the management : The demand for n home for the fatherless and motherless children is steadily Increas ing. Soon our little homo will bo filled to overflowing. Even now wo have more ap plicants than wo can possibly accommodate. As our facilities for sleeping are rather limited , however , wo feel that in good time wo will have nil thcso obstacles surmounted , and the good work will goon. The friends of this auxiliary are unceasing in their acts of kindness and liberality. Wo have re ceived bandsomo donations from the bene volent of nil denominations and in the near future wo will have written over our beauti ful symbol. Prosperity. During the month wo have taken in the homo fifteen children , all weekly boarders except two ; as n recompense wo have re ceived e2.55. . The health of the children Is excellent. Among our late donations wo have the greatly needed nnd appreciated desk , from Mr. W. W. Koysor ; Continental clothing store , two'suits boys' clothing : Mr. Hnrvoy , a box of child's ' clothing ; Hayden Bros , , apron gingham ; William Barr , one dozen pairs stockings ; Stonoblll , two dozen hand kerchiefs t Mrs. Benson , pins , elastics , etc. ; Mrs. G. W. Holdrogo , oilcloth j Dewey & Stone , a quantity Of furniture ; Mrs. G. S. Rogers , chairs , the Pleasant street school , a largo quantity of toys and a basket of cloth ing ; Chase & Eddy , tatlonery ; A , B. Baltics Si Co. , meat ; Hayden Bros. , provis ions ; Mrs. Smith , box of toys ; Mrs. Kimball - ball , butter and fruit ; Mrs. Clarkson , cloth ing : Mrs. Akin , crockery : Mrs. Barrows , cloths and books ; Mr. Bliss , dishes ; Mra. G. W. Doano , preserves ; Mrs. , hatractr , chairs , pictures , etc. ; C. B. Moore , vegeta bles ; Central market , moat ; Mrs. Warren Switler , clothing and toys ; Mrs. Rialltova ; John Kezwlchek & Co , meat ; Blanche Ei- tabrook , dolls and toys ; Mrs. Rogers , basket of dishes ; Chase & Eddy.papers , cards , etc , ; Mra. Fosby. chicken , relish , otc-i Rosy Dewey , books ; Mra , M. Decker , canned fruits and soups. * Beechnut's ' Pills act like maglo on a weak stomach. Sporting Mention. John P. Glow , the pugilist , was ja tbo city last evening , en route from Duluth to Denver. He was looking big and strong , but is evidently not the John P. Clew of old. Strauss , Kennedy and Proessor arrived yesterday , and Conway and Canavaa are expected to-day. This will complete the team. The bojs are practicing hard every afternoon , and it will not requlro much time to put them in the best of condition , as all are in good health and spirits. They are all anxious for the opening came on Sunday next , and a largo crowd win be on band to greet thorn. Sufferers from Oouuliu , Sore Throat , etashould try "Brown's BronchlalTrochos. ' * slmplo but sure remedy. Sold only in boxes. Price 25 cU. LINCOLN NEWS AND NOTES. A Very Qulot DAir'at the Capital SUPREME COURT PROCEEDINGS , Seine Decisions ofllntorcBt to Doug * las County Citizens Political Points Gtiiiornl nnd I'orttonftl dossil ) . LINCOLN BunElu OP Tun ovuru am. i 1029 P STllBBT. I LtKCGtH , March 27. I The Nebraska Laborer is putting oa a bold front and is hitting aomo of the would * bo candidates for city offices blows whljh nro hard and effective. Its articles nro causing much comment. J. D. Mclfarland has shied his castor Into tbo rlug und has announced hlmsolf for mayor. The Third ward delegation WOT in structed for him last night , Tlioro has boon considerable opposition developed against him , however , and n meeting was called yes terday evening at the Windsor hotel to jmt in a delegation at the Third ward primaries in opposition to McFarland. The opposition to him Is summed up In the 0110 word , "Uur- Itngton. " The First warders mot this evening to hoar the report of the committee ) appointed to select the delegation. They are Instructed for Stcphonson for treasurer. N. C. Brock will bo the nominee for councilman from this ward. The Sixth ward dissenters mot last night to formulate their wrath at the foisting of Pace on the previous mooting. They jmt In nomination Fremont O. Smith , a prominent hardware merchant of East Lincoln. The Fourth warders met last night In Ma- sonlo temple. They Indorsed Grant for mayor nndV. . J. Ooopor for councilman. If Graham secures the nomination for the mayoralty there will bo a vacancy In the Fourth ward. Hiiprcino Court 1'rocccdliiRH. The following gentlemen were admitted to practice : J. W. Toraplin , T. T. Boll , A. S. Moon. The following causes were urgucd and sub milted i Greenwood vs Cobbey , on motion to correct bill of exception ; Lewis vs Owen , McNnir vs State ex rol. Powers , Bell vs Tcmplin , demurrer ; Stephens vs Patterson. Alexander vs Alexander. Appeal from the district court of Dixon county , Afllriiicd. Opinion by Justice Maxwell. Adams County Bank vs Morgan. Error from the district court of Adams county. Afllrmcd. Opinion by Justice Maxwell. Lloyd vs Reynolds. Error from the district court of Cass county. AQlrmcd. Opinion by Justice Maxwell. State ex rol , Beatrice vs Benton. Man damus. Writ denied. Opinion by Justice Maxwell. County of Kearney vs Stein , Error from the distrct court of Kearney county. Afllrmod. Opinion by Chief Justice Uooso. Fisher vs Horror. Appeal from the dis trict court of Gage county. Modified. Opinion by Chief Justice Reeso. OBorfelder vs Doran.Error from the dis trict court of Douglas county. Afllrmed. Opinion by Justice Cow. I. nnd S. O. were 'thb ' lessees of n large double store building. ) In which they carried on a wholesale millinery business. To this store building was attached ana used by 1. nnd S. O. , their employes and customers , in ascending to the second , third and fourth stories of said building , also in d ccnaing to and ascending from the basement thereof , and was also used by said I. and S. O. and their employes in carrying goods into and from the different stories of said building , ana empty boxes and other litter from the same , an hydraulic passenger and freight elevator. The beams upon which rested the axles or journals of1 the main wheel or pulley over which ran the cable which sus tained the traveler or carriage of said eleva tor were composed of juino lumber which.at , the date of the cause Of action hereinafter mentioned bv reason of dry rot. in connec tion with the numerous knots therein had become and was unsuitable , improper nnd unfit for such use. B. D. , husband nnd testator tater of J. D. , was in the employment or L and ii 0. , eitncr as their Barysut , or casually employed oxprossmah , and as such was law fully upon the traveler or carriage of said elevator , when by reason of the weak , knotted and rotten condition of said beams they split , broke and foil , procipitatlncsaid B. D. to the bottom of the basement of said building and bringing down upon him the said main wheel or pulley , breaking his legs and inflict ing other injuries upon him by reason of which ho soon afterwards died. A verdict and judgment for the plaintiff sustained. Isard vs Kimmoll ; appeal from the district court of Lancaster county. Judgment for plaintiff. Opinion by Chief Justice Kecso. 1. A party may waive n condition prece dent to the performance of a contract after default , in which case he cannot insist upon the forfeiture provided for in the contract as the result of such non-performance. 2. A purchased of B certain real estate , of which A took possession nnd ngreoa to pay the purchase price at stated periods , nnd to construct a building on the real estate ) pur chased. By the term of the contract , which was in writing , If the payments were not made at the time agreed upon , nor the build ing construetofl as required by the written contract , A should forfeit all right to' the property and B could take possession thereof , the same as if no contract had existed. In an action by A for a specific performance of the contract , wherein it appeared that A had not complied with the agreement as to time of payment , but there was sufllclent evi dence before the district court to sustain n finding that , by a mutual verbal agreement made during the oxistcnco of the written contract , tbo time for payment was extended nnd A was to pay the whole purchase price , instead of the partial payments named m the contract , and that ho had made a tender of the purchase money within the time to which the payment had been extended , it was hold that ho was entitled to a specific perform ance of tbo contract. 8. In such cose , where B sold the real estate to C after A brd taken possession , A.bolng In possession at the time of the sale. G.was charged with notice of A's rights , and a conveyance to him after A's tender of the purchase price.In accordance with the now contract , was held Invalid as against A. 1. The time of performance of n contract in writing may bo extended by a subsequent parol agreement and no new consideration is necessary , especially where there are mutual acts to bo performed by the parties , Dying Walla. The Evening Call prints the following : The poor old Journal sands up another of its dying wall * , and again objects because one of the-editors of the Call worked for THE OMAIU BEE in th.ts city. TUB OMAIU BBC Is the Journal's nightmare. THE UKE is moro widely read In Lincoln than the poor old Journal , and acc&r3lngly the poor old Journal has nothing bat .abuse for all men who ever happened to j-e.celvo a salary from the great Omaha newspaper. City News aftul Notes. The inarrlago of Mr-John Albors , of Firth , nnd Miss Frieda Schrpodcr , of Princeton , was performed to-dayj > y County Judge Stewart. On last evening Harmon D , Uurut and MUs Ellen F , BarWurd were married by the same official. , . , , The case of Ed Corf vs Aaron May was filed In the district court to-day , The cano of Scbaeffer vs Trover oiijraged the attention of the court all the afternoon. It has taken all of the weak no far ana will probably last several days longer. * ' The trial of Mary Drennan , the unfor tunate woman who has pocomo almost , if not entirely crazed overthoill treatment of Jerry Harrington , who refuted to marry her after becoming tbo father of her child. h s been postponed to Saturday. Captain Wllism H. Millar , of the army , and an old army friend of Gen Oral 3. O. Mo Bride , is visiting his old comrade , and wai on the floor of the donate at the evening osalon last night. He is detailed at present at the military school at Ballon , Ken . The fair llauoo of Senator Taggart , MUs Lulu B. William ? , has returned from Chicago und will it IS said roraaln in the city for the present. It ia underUood that the senator and Mis * Williams will be married at thO ClOBO Of UlO 8688100. ' * A 60 < ; ont bottle of Dr. Blgolow'a Posit I vo Cure will promptly and thor oughly cure the worst cuso of recent cough , cold or throat or lung trouble. Buy the dollar bottle ( or ohronlo cases. Pleasant to take. Goodman Drug Co. DKl'KAUDtU ) OHItjDUE.V. A Woman Forced to Mnko Ttestltn- tlou Other Court Citsofl. In the early days of Omahn Philip Bur- quest was a mail clerk , Ho died , leaving thrco children nnd a second wlfo. She was not the mother of his children , Gustavo Anderson figured In Mr. Burqucst's will as advisory counsel , EIo had the widow ap pointed administratrix ot the estate and sub- scquontly , ns shown * In court , eho bccatno ox * travaaanU squandered the property nnd lived In adultery. Bho finally sold n piece of laud In Kansas that belonged to the children , got $1,100 for it and wasted the money for her own pleasure nnd benefit. Anderson brought suit ncatnst her bondsmen nnd yes terday Judge Wakoloy decided the case , giv ing him Judgment for $500. Charles Harvey , the young man who sells Louisiana lottery tickets In Omaha , was ar raigned before Judge Groff , pleaded guilty and was fined { 100. The Jury that wrestled with John Itolloy'u cult against the Cable Tramway uompany for damages failed to reach an nurcoinent nnd were discharged. It voted solidly to brlilpf In a verdict against Llllls , but when It came to cinching the cable company ono man stood out nnd could not bo changed. About the strangest conduct of n jury since this term commenced can bo charged up ngnlnst the twelve who Tuesday tried the case against Efllo Smith , n colored girl , charged of stealing f 11 from Jqhn Berry- man. They were out all night and failed to agree. William M. Glldlror has been np. jxilntcd guardian for Harry McCormlek , to take charge of his liltorcst in n case now pending before the district court entitled George T. Mill V Hlehard McCortnlok. Judge GroIT had a very pretty quostton submitted to him yesterday , in winch n clause of the late George M , Mills' will is hold to bo void. It provides that certain property cannot bo entailed for n longer period than ten years , while the attorney contends that n limita tion should extend through two generations. The point railed is ono of lileKttllty. Judge Groff took the matter under - dor advisement. At a late hour the Efllo Smith Jury re turned n verdict acquitting her. llosa Androson was in court yostordnv afternoon as n witness. Thirteen suits for forccloiuro of mort gages were commenced In the district court by Houben Uoss. Nine were against C. E. Mayno nnd others ; three against Morris J. Jones nnd others , and ono against Fred Ballard - lard und others. The Mayno property is su burban lots , nnd the balnnco of the realty that Hess wants to satisfy his claim Is out side of the county. The amount involved in nil the suits Is about Slfl.OOO. llosi is suing on notes executed to loan agencies. The Jury in the case of the Bank of Com merce against Kaufman Bros , returned a verdict for ยง 1,850 for the bunk. OTlic case of Hanson ngntnst Hopcwcll was taken up before Judge Hopcwoll. It is n suit in ejectment for the possession of twen ty-four lots In Florence. Judge Doano's time was occupied yester day In the case of Lovl Kaufman , ot al , vs Sheriff Coburn , u replevin suit. * The case of potty larceny against Minnie Gentry was concluded at 4 o'clock , and went to the Jury. The case of Charles Kuhlman against the Hanover Fire Insurance company was taken under advisement by Judge Hopowoll. County Court. Aldcn O. Mudee begun suit against Clara H. and John E. Bates to recover $408 , al leged to bo duo on one car load of apples shipped from Coin , In. Stamping and Embroidery. "Yes , Lizzie , I like to do fancy work , but'I Imvon't felt like trying that pat tern or anything else for a week. Those awful 'drugging down" pains nro just killing mo. " "I know how you feel , and I can toll you whore to look for relief. Dr. Piorco's Favorite Prescrip tion is a certain euro for all those pe culiar weaknesses and distressing ail ments. Whyl it even cured mo of pro lapsus , and many of my lady friends have been cuyod of various grave mala dies peculiar to our sex by this wonder ful medicine. " It is the only medicine sold by druggists , under a positive guarantee from the manufacturers , that it will give satisfaction in every coso cr money refunded. Head gu Valitoo on brittle-wrapper. A Few I/los. Under the heading "Coo the Spy" the Re publican has collected as great a variety of reportorial fabrications and misrepresenta tions as can conveniently bo accom modated in ono paragraph. Mr. Coo did not go to the noor house on account of an "attack of rheumatism. " Ho was not there "four months , " but two weeks. Ho drew no "money from the Typographical union , " was the recipient of no "liberal sub scriptions from newspaper oillces , " was not "laid uu for repairs , " but was simply em ployed by THE Bun and paid by TUB BBH while lie worked for it. To err is hueti'n , but you make no mistake if you use Dr. Jones' Rod Glover Tonic for dyspepsia , costiveness , bad breath , piles , pimples , ague and malaria , poor appotlto , low spirits , or diseases of the kidnovs , stomach and liver. 60'conts. Goodman Drug Co. 1'ormits. The following building permits wore granted yesterday : jinx Mover , throe-story brlot store , Elev enth and rarnam . , . 825,000 U. II. CowyolU two-story frame dwelling , Orchard Hill . 4,000 Henry Itelclf , repairs , ( Jumtng street near Tlilrtlotli . 200 Vincent Herkloy , two story brick addi tion , 811 South Fourteenth street . . . . 1,500 D. U. Duck , one-story framu dwelling , Grant near Twonty-Hlxth . 1,000 Dnvld 11 , Uowman. tnreo-story brlclc church. Capitol ave aoar Twelfth . 3,000 0. L. ChBlfee , ono and ouo-half-story . . Windsor Place ' . .frame dwelling. , .Thirty- third ave near Aurton . 250 G. McDurmott , cottage. Twentieth ana Castollar. . , . BOO B. II. Tlmycr , thieo- tory trick ware house , Jones near Fourteenth . 13,000 Nine permits. . . , . $17,750 Dr. Gluck eye and ear , Barker blk. Mortuary. Lllllo E. Kulp , daughter of Joseph ICulp , hardware dealer 1010 North Twenty-fourth street , aged sixteen years , died yesterday at 2520 Indiana street. The funeral will take place to day at 2 p. m. The funeral of Mamie Nolan will take place to-day at 8 o'clock from St. Patrick's church instead of St. Phllomena's as already announced through mistake. The funeral of Nellie Giro will take place from UU South Twelfth street to St. Phil- omona'u at 8 a. m. Gatarriial Dangers. To be freed from the dangers ot suffocation whllft lying down ; to breathe fi eely , sloop sound- X i undisturbed ; to rise- refreshed , hand , brain active and free from pain or ache ; to know to know that no poisonous putrid mat ter denies the breath and rots away the delicate machinery of smell , taste and hearing ; to feel that the system does not , throunh ita vein1) and arteries , suck up the poison that ia sure to un dermine and destroy , la indeed a blessing be yond all other numan enjoyments. To purchaio immunity from such a fat should be the object of all unacted. Hut tbosa who Imvo tried many remedies and physicians despair of relief or euro. rUNroHD's lUDicAr. CURB meets aver ? phase of Catarrh , from a simple head cold to the moat loathsome and destructive stagea. It Is local nnd constitutional Instant In relieving , per , manent In curing , .safe economical and never- falling. BANKOIID.S lUmcur. Cans consist ! of one bet tle otllADlOAb CURB , one box of GATAniuiAb SOLVENT , and one ItirnoyKo INIIALBH , all wrapped In one package with treat BO and direc tion * . and sold oy all drugtlsts ton 1.00. I'OTTElt DBUO & OmUitOAI , CO. , liOSZOM. HOW MY BACK ACHES ! Dock A eho. Kidney and Uterine Pains and Weaknesses , Soreness , Lameness , Htruins and Fains iteutvKu IN ONB MIKUTB by Uie CUTJCUHA ANTI-PAIN PLASTEIU 'lint flrst und only paln-kllllnif plaster. New , original , Instantaneous and Infallible. The most perfect antidote to Patn. Inllammatlon , Weakness ever compounded. At all druggist * , ! cents i or live for 1.00 ; postage freo. of I'owxu Ditua AND CIIBUICAL Oo , lloalon , M&3J. "If o womnn 13 pretty , To mo 'tis no matter , Do eho hloudo or brunette , ' Go oho lota mo look at her. " An unhealthy woman ia rarely , if over , beautiful. The peculiar discuses to which so maliy of the sex nro subject , tire prolific causes of pale , sallow faces , blotched with unsightly pimples , dull , lustreless eyes and emaciated forms. _ Women BO afilioted , can bo permanently cured . by using Dr. Picrco's Favorite Prescription j and with the restoration of health comes that benuty which , combined with good qualities of head and heart , makes women angels of loveliness. "Favorite " is the i Prescription , only medicine for women , Bold by druggists , under a positive guarantee from tin manufacturers , that it will give satisfaction in every case , or money will bo refunded. This guarantee has been printed on the bottle- wrapper and faithfully carried out for many years. It is a positive specific for all those painful disorders , irregularities aud weaknesses with which so many women are afflicted. Copyright , 1888 , by Woni-D's DISPENSAIIY MEDICAI/ ASSOCIATION , Proprietors. DR. PIERCE'S PELLETS : * -I * * M * " " ! " * * " ' " " " " " " B1 B 1 ' Liver . Unequolod as n Pill. Smallest , clioapcut , cosiest to take. Ono tiny. Sugar-coated I'cllot a dose. Cured Slok Hcadnoho , nillous Headache , Constipation , Indigestion , Ulllous Attacks , and all derangements of the Stomach and bowels. 25 cents , by druggists. OR , HORNE'S jElectro-japetic Belts ! The Grandest Triumph ol Electric Sclonco ScI- enllfically Made and Practically Applied- ' I Gentlemen's Kelt Best StlcntlQe withKlettrle WITHOUT MEDICINES Suspensory , ' .BodltiSits.DI8EASE CURED I IT % A9RR H < TIBBR ? VrfTlBI K Y you Palm In Kuck.IIIn. , Heart nr I < lml , T I B I vVOtmttfm 4eU > ET.E H WU mm Itcblillr. I.umtHao , Jfnrrul Ilebllllr. llheuuatUm , Jl'nrnlliU.Ncurnlxtii , HclQtlrnllncn > c or KlJnrfm Hnlnnl ll cn t , 'lornld r.lvvr , Uout , Kiliuuttlon , i Emission * . Anthma , Heart ] Uftra . l > Tpqp ls. Conitfpotlon. JSryftlprlmi. InrtljrrRtlon , WcakneM. Im * potency. Catarrh. Pile * . Cpllvptr. JlaUb AjffOC IMabelo * . Hrdroaele. lllood ItlnraBeM. llrnptT. otn. , ( hm thin brlt ! Juit whnt youTrit. . Electricity Inttnntltf Zttll Can bo niiplleil to nny part ' ur the bcxly. K0ufrtr"ycanwoaJ'rf ; " i trtfl hebivoa HE | ALL , ELSE F'ABLS. ? C" fi22ntllAI G Krory onopennlno &n4 tifdd br permlsalon. N < TE tUo follovrlnff who hare been i 0 I llnUnlHLd OUllCDt A.J. llo KUndl { * a. rarkcr and J.M.H0stett. nil on Donnl of Trade. Chlri . _ , ; A. Groaorr , commlislon taerchrxnt Block Ynrdt Cudd Doble. tb nreat horfteman ; A. O.WopilUr. Ji , 1 > t IK)5M ) , In StreetBuffalo. N. Y.i O. W. lldlluf.M.D. , Mormontown.iowai L imielMlij.KfitalteotTll.i Jadgel. jjN.MurrayNanervtllcHi ) K./ * . Abbott , upt cur wMer worku.Houth Itend. Ind \ Hubt. U.Stmpion. ClUcaffo I post office t L.D. McUlch&el , M. D , Uuff&Io , N. Y , "Your belt hna ftceomnltsbed what no other remedy 1ms t I ttoady ncrveaandcowfortRhlo _ ulctpatnlsbt. " Xlobt. Hall . . , L ntderman. ifio Etist 39th Street , NcirYorr , etc. NERVOUS PB. IIKLT 'only ono Intba world K nf rating , KIUSBI and eiiiauitUC . ncontlnuous Klutria < ttaorutta chronio aluiiae * of bothteioi. f current. Bdentlflc. Powerful , lltiritbl Contains 29 . toioodoerreosot nod l * Eleotrlcltr. OUAUUTBIUtho < I Francisco and Cblcn o. ur Boadotamn rorlilutrotod pamnhlet. JPR. W. J. HORNE , inventor , 191 Wabash Avenue , Chicago. I HIMEBAUGH & TAYLOR , Hardware and Cutlery. * d MecJictnics' 2ools , Fine Bronze Jlulldorx' Gooils anil Buffalo Scales , ; 1405 Douglas St. , Omaha. Steam and Hot Water Heating and Ventilating Apparatus and Supplies. Engines , Boilers , Steam Pumps , Etc. FLORIDA LANDS For Sale or Trade. Kosidonce property , orange groves , town Jots , and doslrablo unimproved laiuls sultablo for \\lntorhoines , for Bolu or to trade for western njpiovea farm lands. Correspondence solicited L .O. GARRETT. Orlando , Florida. TYLER DESK CO. ST.IOUIS , 110. , U.S. A. H&kcn oMOO DlB.rent Ktjln ef ' FINE OFFICE DESKS BANK COUHTXHB , COUHX HOUSI FURNITURE , _ TABLES , OHAIES , &e. 100 tteo Illiuteated CUalognt Tree. PoiUge 7cU , TATE fr/JTARJ / 1 ADE : BY BOSTON-MASS- ( ATALOGVEFREE Wyoming Oil Lands LOCATED , And all necessary papers tilled. W , E , HAWLEY , Civil Engineer , CASPBU , WlfO. , or OMAHA , NBBIIABKA T. E. CILPIN , FIRE INSURANCE BROKER , Room 03 Traders' BullUlua , CHICAGO. trocolUanKallonat n nk. a. uaa & Oa. Th Bridjtrett OA BIVOUCIS3-A. OWOUUIOU. , ATTOiiKtr.AT-ia.ir IU X > * rDOru BU , Clucuoi , Mrjci freoi 21 year * * erletwi buiaiti ui ur' tegtur uMitacuJ NEBRASKA NATIONAL BANK U , S. DEPOSITORY , OMAHA , NEB , Capital . 8100,001) ) Surplus Jim. 1st , 1880 . 62,000 W. V. MOItSK , JOHN B. COLUN8 , it , O.CUHHINfl. JN. II. 1'ATltICK , W. H. B. HUOIIKS , Cushion THE IRON BANK , Corner 12th and 1'arnam Sts. A General fiauklnc Iluslnosa TranacU.d EASTERN TRUST FUNDS A largo amount of money to loan on 1m- proved real estate In the city ot Omaha. These funds will bo distributed In auras to suit , but large loans ra preferred. Applications may hk made to toE , S , BISBEE , Flrtt National Banlc UullUlng. Uopresentlag BLAKE , BOISSEVAIN & CO , , London , Kiiglund. ADOLPH BOISSEVAN & CO , , Amsterdam , Ilollund. Traniact a general Imnktav buslnon. Beouiltlii bouRbt ana od ) on cymnilnslon. For l n ixctiange . Commercial iind trareler'B letters of credit. Orderi for bond and ttocki exe ute < l on eomDili tlon In Londan nd on all CoutlainUl Uouneiot Europe. N otl tloni of lUtlwsy. Blue , City nniS Corperft- tlon lx m a ipocUltr. 'NESS CUREDfcf r v.riL lH liiIJTtlBUU8AR CDtHin i f l b r nil Ittmt&u iu llluitr.ft'd t k 4floor * fKKK.