Omaha daily bee. (Omaha [Neb.]) 187?-1922, March 28, 1889, Page 5, Image 5

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The Australian Election BUI Klllocl
By the Sonata.
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- 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.
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 <
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
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
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.
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
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.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.
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
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.
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
Wcthcrodvlllo , Md.
Chronic coughors are bores to the commu
nity nnd should bo forced to use Dr. Bull's
Cough Syrup.
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.
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
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.
A Very Qulot DAir'at the Capital
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.
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
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 ,
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.
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
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 § 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
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.
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.
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-
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.
Dock A eho. Kidney and Uterine Pains
and Weaknesses , Soreness , Lameness ,
Htruins and Fains iteutvKu IN ONB
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.
* -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.
jElectro-japetic Belts !
The Grandest Triumph ol Electric Sclonco ScI-
enllfically Made and Practically Applied-
I Gentlemen's Kelt Best StlcntlQe
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.
'only ono Intba world K nf rating , KIUSBI and eiiiauitUC .
ncontlnuous Klutria < ttaorutta chronio aluiiae * of bothteioi.
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.
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.
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
Orlando , Florida.
ST.IOUIS , 110. , U.S. A.
H&kcn oMOO Ktjln ef '
100 tteo Illiuteated CUalognt Tree. PoiUge 7cU ,
fr/JTARJ /
1 ADE : BY
Wyoming Oil Lands
And all necessary papers tilled.
W , E , HAWLEY , Civil Engineer ,
Room 03 Traders' BullUlua ,
trocolUanKallonat n nk.
a. uaa & Oa. Th Bridjtrett OA
IU X > * rDOru BU , Clucuoi , Mrjci freoi 21 year *
* erletwi buiaiti ui ur' tegtur uMitacuJ
Capital . 8100,001) )
Surplus Jim. 1st , 1880 . 62,000
W. V. MOItSK ,
it , O.CUHHINfl.
JN. II. 1'ATltICK ,
W. H. B. HUOIIKS , Cushion
Corner 12th and 1'arnam Sts.
A General fiauklnc Iluslnosa TranacU.d
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
London , Kiiglund.
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
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 *