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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (April 16, 1889)
THE OMAHA DAILY BEg : TUESDAY , APRIL 16 , 18S9. THE DAILY BEE. KVKRY MOIININO. TEHMS 0V 8UIISCUIPT10N. DMlr ( Morning iWlllon ) including SUNDAY .nfcit. Omi Tear . 110 00 For Plx Montlin. , . . . . . , . , . . . , . . , . . , . o CO 1'orThreo Montln . . . . . . . . . . . . . . 2 W THE OMAHA SHWHAY Ilr.E , mulled to nnjr f mMruH. Ono Yenr. . . . , . 4 . 200 \VKEKLY IlEC.OneYcnr . 200 " OMAHA OrFiCBNos.m4Rndn8t'AnNAM8TnBisT. ! CiiiCAnoOrncrvw : HOOKKHT Hniu > iMO. Niw : YOIIK OrricB. UOHM H AND 15 TUIIIUNB Iluii.DiNf ) . WASHINOTOX Urrtoc , Mo. MS i BTHKCT. connnsroNnnurR. All commnnlMtionii relntlns to news nnfl edi torial matter should bo addressed to the Uuixon noBiMMBHrrreia , AH tmslnevi lett r nrnl remittance * should bo ddressad to THE DICE 1'mii.tKiiiNO COMPANY. OMAHA. Drafts chcrks and postoiflc * orders to be moUe payable to the order of the company. ac Bee Publishing Company , Proprietors , E. RO3EWATEK , Editor. Notice to ARpntH find Rul > iorll > ir Wo will coiulclor it a favor If npenta and suo- flcrtuers will notify m nt once when THE Hr.v .fnlls to roach thorn promptly. In order to sue " cc.isftilljr remedy any fault Jn the delivery of paper * , It U absolutely noccusnry that we know the date on whlcli papers were late or missing. Jf lute , give the time ami train on which TIIK 11UR reached yonr town. A1 * > stnto from what direction so that we can locate the trouble and apply the proper remedy. Vapors am fre quently carried by a town through tlio care- lessnoKS of the route amenta , and when thU oc cur * . we can , with full Information , place the blame where It belongs. Till : IlIiK. Sworn Stntoinont or Circulation. Btnto of Nebraska. I [ s * . County of Houglas , jw OcorceH. Tzschuck , secretary of the neo Pub lishing comnnny , docs solemnly swear Mint the ctnidclrciilutton of TUB DAILY HKK for the week eudlne April 13 , 1889 , was as follows : Eundar. April ? . M.650 Monday. Aprils . 19.100 Tuesday. Anrll n . 1H.3J1 Wednesday , April 10 . Zl.WHJ Tlmrsday. April 11 . . . JB.S'M Frldar. April its . . - . 1B.KIO Baturilay. April 13 . , . .18.8a7 Average . 1 1)t 5 T UEOltOK B. TZSCI1UCK. Bwom to before me and subscribed to In my prcsenco tills 13th day of April. A. 1) . 18S9. Seal. N. P. FEIL , Notary Public , State of Nebraska. la , County of Douglas , f oa- 'H. Tzschuck , bolns duly sworn , da- poies and Bays that he Is secretary ol the Doe Publishing company , that the actual average dally clrculatlo of TIIK Dui.r HUE for the month ot March , 1883 , lO.Cfcu copies ; for April. J6HS 18,744 copies : for May , 18H8 , 18.1SJ copies ; for Juno , IBfW. ] ,2t ) copies ; for July. 18ff. 18.at3 copies ; for August , 1888 , 38.1SI copies ; for September , 18 * ? , 1H.15I conies ; for October , 188S. Wjni copies ; for NoTem- ber. ItBf , 1H.WO copies ; for Dncember. 1888. 18,211 coplrs ; for Jnniinry. INM ) , 18,571 copies ; for Feb ruary , 1889 , 18,010 COPIPS. OKOHOR n. TZSClttJCK. Sworn to before mo and subscribed la my presence this ? d day of Marrli , A. 1) . 18XU. N. p. FE1L Notary Public , MAYOR BKOATCH carries another veto in his hip pochot. IT is significant that the farther away from Franco Boulnngor gets , the moro . threatening his utterances grow. IT is the man with the Winchester nnd slx-shootor who stands the best chance of fixing his claim in Oklahoma. IT is the fourth class postmaster with the strongest lungs who makes the lifo of tlio average congressman a burden nowadays. THE solf-dostruction of a bank presi dent in St. Louis anil of a railroad presi dent in Minneapolis is the price which men pay for dabbling heavily in wheat. Sioux CITY is helplessly squirming under the nippers of the Chicago rail roads discriminating against that town in favor of the long haul to the garden city. _ _ _ = = = = - CITY ATTORNEY WKUSTKU hit the nail on the head. The paving specifi cations on which contractors put in their bids did away with competition nnd were therefore illegal and in viola tion of the charter. TUB board of public works committed a fatal error in not consulting the city engineer in the preparation of the pav ing specifications. That ollicial should hnvo an equal voice with the members of the board , and it issafo to say ho will not bo ignored In drawing up the now specifications. IN eighteen hundred and ninoty-oight the president of the American water works company estimates the not earn ings for that year at about ono million dollars. For the present year the not earnings aggregate nearly two hundred nnd fifty thousand dollars. The fran chise which this Philadelphia syndicate bought from the homo company is a veritable gold mino. WIIATEVKU glory the Dakotas are to achieve as states , their place in .tho union is to ho purchased by a bitter- political fight among the various fac tions in the territory. Governor Mol- lotta has just issued his proclamation calling for the election of delegates to the constitutional convention , and from now on , candidate. ? for the hundred and ono state cilices will bo Dakota's largest crop , CONGRESS very generously appropri ated llvo hundred thousand dollars for the support of the Samoan commission. The loss of the throe American frlgato.i , together with the cost of the naval o.\- podltton to the South Sea Islands , will , at least , foot up to another flvo hund red thousand. As yet , the return for this vast expenditure has boon nothing , and the prospects are that this Invest ment of a million dollars , or more , IB the uooro.it Uncle Sam has made for some tlmo , IK correctly outlined , the onii iu\ In structions given the SararKtti coinmis- ilonora imliunto that our government flees not Intend to odor any concessions to Germany. All of the demands , which , It la roproaantod , will bo mado.'nro such as Govinany ought reasonably to ox- uoct , and very likely does expect , nonce the arrangement , or bar gain , for a liberal consideration , which Bho is bollavad to have mtulo with Eng land , Assuming that such an agree ment has been inado , and that England vrlll act In good faith , what will our in- Blntanc'0 upon those demands amount toV Wo shall simply bo outvoted on nil of thorn that Bismarck is not dis posed to allow us. Tlio fact is th t the dallying with this matter by the last administration has probably boon futal to our causa , nnd If , in the and. wo get ny of the rights In Samoa which wo claim ought to bo allowed us wo shall Doubtless have to light ( or thorn. THE iraST AND THE The promise is that the centennial of the constitution , which will bo n na tional holiday , will rocolvo n proper ob servance In every section of the coun try , but nowhere * ought It to bo cblo- brntcd with a moro patriotic enthu siasm than in the wost. The Chicago 2Vu. ; < ne justly says that the doctrlno of nationality has boon developed in the west , "whoro colonial prides and jealousies - ousios novcr had root , and where , from the boglmiing , nationalism has swept ovor-stnto lines nnd all other sectional barriers. " The west has boon free from those traditions nnd influences which elsewhere sustained the extreme - tromo view of state sovereignty and created n narrow fooling of sectional pride , all loading Inevitably to polit ical conditions which imperiled the permanency of the union. All the cir cumstances of the settlement nnd pro gress of the west have been of a nature to mnko the views of its people broadly and soundly national , nnd to render that section , what it confessedly is , the homo of the highest patriotism and the most sincere dorotion to the union. It is a boast the west can nmkowlth proper prldo that It supplied the men who were the londora In the mighty struggle that maintained nationality against the deadly assault of sectionalism. ' That triumph killed off all that was false and pernicious in the doctrine of state sovereignty , and it is not likely over to bo revived. What was fair and right , under the limitations of the con stitution , remained and will bo pre served. It Is still necessary , however , that the great principle of nationality should bo sedulously cultivated and im pressed upon the thought of these who will succeed to the duty of maintaining the constitution. The centennial cele bration will not bo complete in its frui tions if , while commemorating the great est political event in the history of 'mankind , it fails to convoy the lesson , especially to the youth of the land , that the consummation of constitutional gov ernment one hundred years ago was the establishment not only of "a moro per fect union , " but of a sovereign nation , possessing all the powers necessary to maintain Its unity and integrity , nnd not dependent for its continued existence upon iho will of individual states. It will not bo possible to give too great scope to the national idea in celebrating the centennial of constitu tional government. The west ought to boar enthusiastic testimony to its patriotic interest in this event. The people of no other section have a higher right to proclaim tholr devotion to the constitution and the union. Every western city and town should have its celebration , so that the voice of this section shall bo heard grandly renewing the attestation of patriotism , of loyalty , and of faith in American national itv. A. REMARKAVLE RECORD. The clearings record of Omaha banks for the past week passed the lour mil lion point and exceeded the record for the corresponding week last year by nearly forty-two par cent. The figures are not startling nor unusual. They represent the steady advance of the city as the commercial and financial motropolif of the west , and toll in unadorned columns the story of a prosperous pooplo. Since the first of the year Omaha clearings have made a remarkable rec ord. Transactions have steadily in creased , ranging from twenty to forty per cent a week. From nineteenth on the list the city has crowded her rivals to the rear and now ranks fifteenth. The per cent of increase is the greatest with one exception , in the country. St. Paul , Minneapolis , . Milwaukee , and Cleveland have fallen behind , while Denver's record with the volume of her boasted boom , is half a million dollars loss , and her per cent of increase drops to the insignificant sum of twelve per cent. The record , though a splendid ono , only partially represents the business of the city. It does not include the largo volume of business in South Omaha , which approaches ono million dollars a week , nor the business of the state and private hanks of the city , both of which would swell the total to six mil lions a wook. In all branches of the jobbing trade greater activity prevails than has been felt for years past , and while some branches of the retail trade are slightly depressed , there is confi dence in all departments that the year's business will largely surpass any of its predecessors. Real estate transactions are steadily increasing , prices are firm , and eastern capital coming in. The building pormitH issued during the week compare favorably with the gen eral advance in other lines. The num ber of business blocks and residences contracted for and projected , public works undertaken , and the vast extensions under way by the street railway companies , insure a season of uncommon activity and prosperity for all classes of trade nnd labor. The croakers who bark and whine on the corners , and conjure u imaginary evils , will find , If they look beyond their sbadowfi , . a .condition of alTaim highly gratifying to nil sincerely Inter ested in the piogrois of the city. PKISON LAnOtt REFORM , The letter of the venerable poet , John G. Whlttlor. doprocatlng the folly of hooping prisoners iji peniten tiaries in Idleness reflects a vlow general - oral with these who have given this subject Intelligent attention. The ex perience of Now York for a year past with unemployed prisoners has shown the disastrous consequences of this policy. The financial consideration ia the least important. The moral and physical olTocts of the idleness are the most forceful argument iigAiiiBt it. Prisoners having nothing1 to occupy thoi.r tune deteriorate both mentally and physically. A numbisr of cases of Insanity occurred in the Now York prisons during the past year , duo di rectly to the absence of employment , while a very much larger number suf fered In physical health. It is inevit able that this bhuuld be EO , and It is nothing loss than the gruvaut sort of inhumanity to subject prNouera to hiich a condition , Lonvlng the unfortunate pcoplo to dwell upon tholr crimes , with nothing to divert tholr attention , and no relief from the torrlblo mo notony of tholr confinement , la n kind of cruelty wholly Incon sistent with nineteenth cenlury Ideas. The prisoners themselves doslro the work. They nro said to 4mvo pleaded for any sort of employment that would divert their thoughts and occupy their tlmo. But the legislative demagogues had ordered otherwise and the prisoners nnd taxpayers were both losers. The oxporlonco should have insure d reform , but there is a danger that the grave folly will bo continued. The measure that appears to have the host clyinco of passing the Now York legis lature , nnd which would probably secure the approval of the governor of that state would effect very little improvement anil would fall far short of what Is re quired. It prohibits the use of machin ery for manufacturing purposes in the penal institutions , nnd the labor it would permit to bo performed could not possibly occupy the Inmates of these Institutions moro than half the tlmo , and very likely not so much. Any change , however small , from the pres ent condition , is to bo doslrod , but the great empire state ought to sot n hotter .example to the rest of the country in this Important matter. It is admittedly proper that prison labor shall not bo allowed to enter into damaging compe tition with free labor , but both the dictates of humanity and the demands of public interest are opposed to the policy of keeping prisoners in idleness. There is danger that Now York's example in the matter may prove to bo pernicious unless it should bo counter acted by the experiences which prove Its danger. NOT HOLD WATER. Judge Novillo's profound and oxtra- judtcial opinion with regard to the availability of a square divided by an alloy will not hold water , in the light of established precedent. The judge declares over his own ntuno that the city of Omaha cannot le gally vacate nn alloy , and furthermore that the title for such nn alloy , If va cated , could bo vitiated. Incidentally , the judge has nlso certified that inas much as the council has not yet vacated the alloy between Douglas and Parnam which divides block ono hundred and fifteen , the proposition to occupy that square with a postofflco building could not bo entertained. Wo regret to remark that the learned judge has become somewhat rusty since his retirement from the bench. If he had scratched his head a little ho might have easily recalled the fact that the Doug las county court house , in which ho dis pensed justice for a number of years , stands upon nn alloy thot formerly di vided the court house square , and was vacated by the city in 1831. Although the judge is fortified by Senator Mandorson's endorsement as to the correctness of his position on the right to vacate and oc cupy alloys , it so happens , as It were , that ordinance number four hundred and sixty-one , approved Juno 3 , 1881 , did vacate the itlloy in block ono hundred and forty-one , known as the court houoo squaro. And the most remarkable coincidence about this alloy is that the ordinance in question was drawn up by General Mundorson while acting city attorney. That ought to convince Judge Neville that ho was laboring under a delusion when ho signed his name to that extra ordinary document. NOTHING TO REJOICE OVER. Judge Hnscall states that nothing lias pleased him moro in a long time than the hearty endorsement which Tiia BEE has Riven his position on the police question. Ho has waited a long time for It some two years but ho is rejoiced to see that it has come at last. Republican. "Judgo" Ilascall has no cause for re joicing over the attitude of Tun BUB as regards the pending police investi gation. There is a very marked difference be tween the which " " position "Judge" Has- cull took eighteen months ago and iho views which THIS Bun holds as regards the power of the council to investigate the condition and conduct of the police dopartmont. "Judgo" Ilascall maintained that the law creating the police commission would bo a doad-lottor until the council saw lit to pass an ordinance regulating the police and fire dopartmont. Judge Ilascall hold that Soavoy was not chief of police nnd that the policemen appointed by the commission hud no au thority to make arrests or perform po lice duty until the council had recog nized the commission and agreed with it upon ruloa governing the police. Judge Ilascall also insisted that the council had a perfect right to compel the com mission to capitulate by starving the police. On all these points THIS BKIJ took a most decided stand against "Judgo" Hnscall , and the supreme court has ruled that "Judgo" Hnscall's view of the law wag untenable. None of these points is in controversy now , nor has THE Bun expressed any views at variance with the position it held eighteen months ago , Nothing TIIK DISE has said recently with regard to the right of the council to investigate the police and fire departments , can bo construed as hi any way recanting the views U hold on the preposterous assumptions of councilmen to dictate regulations to the police commission and its olforts to coerce that co-ordinato municipal branch by the starvation pol icy. _ _ _ _ _ _ _ _ _ Tin : legislature of Minnesota passed n bill , whlsh is now in the hands of the governor , providing for inspection of beef on the hoof. On last Saturday the agent ? , nt Minneapolis nnd St. Paul , of iho packing fir HIM designated as the "big four" received inHtructions that no moro dressed meat would bo consigned to tham , thus cutting oil an extensive sourer of supply from thoao markets. The nuvvgpapcrs of these cities rotor to this action us n bluff , intended to in duce the governor to veto the bill , but it is inferred frorn their tone that there in very little prospect of his dointr this. The general eentimont seems , to bo itrougly favorable to the law , and it Is Hkoly to bo rnntfc' stronger by the notion of the packers. Nolthor ia there nny nnxloty regarding nn nmplo meat sup ply , at prices no higher than hnvo been ruling. It is probable , however , that consumers will before long discover that they must pay moro for tholr moat and then Iho now law for the protection of Minnesota cattle raisers and butchers will rocolvo fronin great many pcoplo moro serious attention than they have thus far given it. The oxporlonco ot the people of Mitfnosola In this matter may 'bo Instructive to those of other states where similar legislation Is pro posed. _ _ _ _ _ _ _ _ _ _ _ _ _ _ ' THE people of Now York City have won n signal victory In the case of the application of the Western Union Tele graph company for n permanent in junction to restrain the subway board of electrical control from Interfering with Its poles and wires. The appeal was mndo to Judge Wallace , of the United States circuit court , whoso rulings will form nn Important precedent in decid ing similar cases in other parts of the country. The telegraph company based its claims for immunity from the order of the subway board on the ground that the Western Union Telegraph company is protected by national authority against nny encroachment under stale authority upon the rights expressly granted to it by the net of congress or which it enjoys In its dual capacity as nn agent of the general governmout an lan instrument of intor-stato nnd foreign commerce. Judge Wallace , however , points out that the police power of the state , which Includes the right to enforce the placing of telegraph wires underground , does not in this particular entrench upon any authority which has boon confided expressly or by implication , to the na tional government. In consequence of this ruling , the Wcstorn Union In Now York City can no longer defy the order of the subway board. All over head wires of that company will go un derground immediately , where sub ways have boon prepared , and the vic tory will oncourngo other cities to fol low Now York's example. THE proposed repeal of the midnight saloon closing ordinance is of very questionable propriety. Tlio repeal of the ordinance is liable to increase dis order and may require nn increase of the police force to prevent dis turbances that , are liable to arise through after-midnight brawls. While it is true that many of the liquor dealers are seriously ojnbarrassed by the strict Sunday closing order , it is doubtful whether reputable resorts will profit much by the movement to give them a chance to run all night. BOTH the Omaha Street Railway com pany nnd the Motor people assure us that they intend to extend their lines immediately to the city limits on the south side. Th'o struggle in the courts between the rivals may , however , bo a more bluff to secure the rights of way and to lay n few sections of rust streaks in order to hold the franchises. No permits should bo given to either com pany to lay its trades south of the via ducts unless the line shall bo built and operated within a reasonable time on pain of forfeiture of its franchise for such failure. A FILMIIUSTERING movement to cap ture Lower California is reported from Los Angeles. The flattening out of the land boom compels desperate mon to adopt desperate moans. Don't'llargaiu This AVny , Girls. PlillmMitlita I'uMIc Lciluer. Judge Clifford , of Chicago , has given a warning to young women who , for a consid eration , promise never to marry , that they Hhould gel "cash in advance. " In a case of this kind that was beforu him ho had to deny the claim , because the "never" was not yet u , nnd If the plaintiff should bo awarded the money she might then go off and marry. In some courts she would have been ruled out altogether from recovering under a con tract clearly against public policy. It Would Milt Oflloo Seekers. Detroit Free J'raw. The total Mormon population Is 153,031 ; the total number of elders Is 11,803 , anil there are , all tolu , ill,577 ofllcers. There are many who would bo very glad to see this great and glorious republic modeled on the plan of the Church of tlio Latter Day Saints , in so far ns the proportion of ofllcors to privates is con cerned. Should Try 'Ours. CMcayo Time * . An electric storm chased a British vowel off Capo Hnttoras , but did not overtake her. If any other electric storm wants sport of this sort with the expectation of capture It can have it by hunting up an American vessel. * Our Slippuril unit ttio < Vdiiiliiia trjttlon. New York Telegram. The Her. Colonel Shcpurd wants no fooling on the part of this administration with dem ocrats. It seems to keep tuU administration pretty busy In fooling with the Itov. Col onol Shcpard. Mr. Mnnily'ft Faith. Kcio Tois Herald , Mr. Moody's efforts to bring about a reformation mation in Chicago ledll ns to bollOvo UmtMr. Moody has the fdiUi.vtnch removes moun * ' tains. , A Pointer to Tenderfoot. C7icwo ( H'rtlmne. As a wise precautionary measure It will done no harm for emigrants to Oklahoma to tarry awhllo at her border until tholr feet have * grown tougher. " * HITS A > iU MISSES. , , i fm i Dr. Mercer nnd bl 'jjixtoonth street motor nro again on top. Thecourts huvc ruled It so. Mayor Uroatuh's'liltlo ' veto is a thing of life and vigor. It ; 'will 'lovon ' the whole nj lump. Sunday closing In Omaha Is developing the Council Bluffs boulevard Into an avcnuo of prohibition proggerles. What's In a nuinul Omaha has a "single tax club , " hut members are taxed ut the threshold and monthly thereafter. The police captured n burglar Sunday , The disguised villain attempted to crack a banana stand and was promptly run in , Vivo dollars u year for the use of the via ducts will not pay for the oil of the signal lights. The council might as well place thorn on n bllvcir sulvor and present them to Dr. Mercer. The Investigation into the Pauly balcony bill promises u > drag itself into the next cen tury , Tbo Job should bo turned over to the subway section of iho city council. As In- veitigators they are a howling success. TIIK StiNDir BBB contained more paid wnnt ndn than nil the other Omahn riapara combined. The actual showing mnrto by the respective papers was * . Ur.B , 8 columns ; Herald , nearly n columns ; World , 2J { col umns , nnd Republican , > ( column , BTIU2KX TUANSPOHTAT1OX. What n Gltlzoit Hays IA ( ho of tlio South Hide. OMAHA , April 15. To the Kdltor of Tne UF.E : After several years of p.Ulont wait ing , It now scorns probable that rapid struct car transportation will bo furnished to the south side of this city nnd South Omaha , ordinances granting right of way over the viaducts having parsed the first and second readings In the city council , Kvcry feature of the proposition embodied In the ordi nance for the Sixteenth street viaduct , nt least , agrees with the expressed wish of the only body of citizens that hnvo tnkon inter est enough In the matter to declare thorn * selves. The Herald of yesterday morning , In commenting on the action of the city council , say : "Tho privilege granted Is of great benefit to the motor pcoplo worth thousand * of dollars to them annually ami In being so free handed the council violates public trust. It is true the proplo of the south sldo ot the city will bo greatly boucfUted , but the city is not. Its largo Investment In viaducts will not yield enough to even keep the structures in repairs. This is wrong , nnd the men who supported the measure should bo severely censured. " Under its present management the Herald Beams to bo the mouthpiece of that element In this city which Is determined to retard the progress of the South side , whllo at thosamo tlmo Its attttudo Inflicts damage to the city at large. The nravioua management was more liberal nnd just , for U will bo romotn- bcrod that when the people having property accessible by Eleventh street were about to secure transportation last summer with a nominal rental the Herald , with commend- nblo public spirit , lent its support to the movement ns a worthy ono. The argument In favor of the enterprise Is moro potent now than it was then , but no ono will contend that tbo present management Is rcsnonsiblu for the ono which preceded it. I cite this little i K ) I nt In the history of the matter only to say that , either ono management or tlio other was wrong , and I suspect that the pcoplo will conclude that the limited rcsl- clonco In Omaha of the gentleman who now confrols the destiny of the Herald makes It impossible for him to rightly know tlio tem per of the peoplo. Instead of violating pub lic trust the council shows commendable zeal in this matter , for.thnt body D.v passing the present ordinance will meet the ex pressed wish ot at least one-third of the city's population , while the proposition of the ordinance must appeal to the good sense of every business man who knows the Im portance of quick and adequate street coin- ' munlcation with the suburbs. The Herald Is on record as desiring n bonus charge of $10- 000 for each of tlio viaducts. This would amount to placing an embargo on street transportation south. The great and growing interests of South Oinnlm and the south side of Omaha proper arc crying out for the ordinary accommoda tions of street car travel which the rest of the city enjoys. Can any clement , whether prompted by icnoranooorinorconary motives nope to deprive these people and the city at largo of these things I Tlio council by its action says , no 1 uud the good sense of the pcoplo ot Omaha will hold up the hands of our representatives in this work. CITIZUN. GOOD IJYK TO THE JDIUVI2. Tlio Motor May Strotcli AVob and Trnck on Sixteenth Mi-cot. Judge Doano handed down his opinion in three of the applications for injunctions against street railway companies occupying Sherman nvonuo or North Sixteenth street. The first lofcrrcd to Susie A. Paddock's prayer against the motor corporation and denied the request. After reviewing , at considerable length , tlio petition , the matters covered in aflldavits nnd the arguments of counsel on both sides and citing authorities to show that a court of equity cannot assess damages to property , the Judge said : "An injunction , therefore , will bo refused. " Heforring to the notion of the board of public works , and the provision for the in corporation of metropolitan cities under which that body was created , hishonor says : "It will bo seen that the power to issue the permit it conferred by an ordinance uiion the board as a body and not upon any ono member of it. In the performance of this duty the boara is required to and does act in a quasi-public capacity , and to give validity to its action it must necessarily bo had nt a meeting oi the board , and of which a record should be kept. " Further commenting ho says : "Where reasonable regulations must bo complied with these companies seeking to avail themselves ot the very liberal fran chises conferred upon them by city and state , the latter must not bu perverted into a claim to dominate the rights of the city uthoritics over the streets nnd this court will hold itself , at nil times , ready to lend Its aid to any citl/on whoso rights are invaded by the illegal or unauthorized action of the street railxvay companies or others in any attempt to acquire rights in defiance of tlio ordinances of the city. It will not bo amiss here to announce , for the information and future guidance of nil companies and persons claiming n right to cuter upon the streets of this city under franchises con ferred upon them , that no claim of a right acquired by n dollanco or violation of the laws of tills stateor of the ordinances of this city will bo recognized by this court. In the struggle to acquire priority of right to occupation of the streets , if parties desire to commend their acts or methods to the consideration of this court , they must do so by conforming to law and not by violating law. Thcso remarks , however - over , are not inado as applicable to the de fendants in thisjcnso for thu motor company scorns to have made such application and re ceived such permit as It supposou would pro tect it in entering Sixteenth street to con struct its road. " An order was made allowing n temporary injunction , giving defendant icuvo to apply fur un order dissolving it upon showing that a permit has boon Issued , us provided by the ordinance of the city. The request of citi zens to have Sixteenth street kept clear of obstructions , for drive-way , could not betaken taken Into consideration. The next decision covered two applica tions , ono by the motor company against the horse railway corporation , and the other by the horse railway against the motor , each praying that thu other bo enjoined from occupying North Sixteenth streot. The motor comes out n clean winner. It was hold by the court that this company's Inten tion to build on Sixteenth street from Clark to tlio north line of the fair grounds are wvll established , while these ot the horse oar company are uncertain. Not until the motor people attempted to build hero. did the other company dignity Us desires , "which fact , " nalu .Judge Uoane , "calls to my mind that some of the street railway companies have brought J.bDut many romarknolo coincidences o ! Intention to oc cupy the Biune ytrests on iho sumo day , " The practice that has heretofore been In dulged in more or less , by all street cur coin- panics , ot taking possession and touring up streets without authori/.ed permission , was severely criticised nnd the court desires it understood that nny future conduut of that kind would , it brought fo hli attention , receive - coivo so.'ious consideration and be duly pun ished. Dr. Mercer was scon after Judge Donne's decision had been rendered. He win greatly pleased , nnd said that the motor company would now push tlio work upon these lines to completion. Ho holds Unit Urn trunk of the company will not bo divided In use with the Omahu Street Hallway company , which will give the former a practical monopoly of the north part of the thoroughfare. Worked Without Howard. Thieves effected an entrance into the I.oim and Trust company , In the U , S. National bunk building at Twelfth and Fnrnum , Bun- day night , and broke open ttio money drawer. They secured a little ever a dollar in change and a revolver. The safe was untouched. Children Cry for Pitcher's Castoria. When Dab/ vat slei , VTH euro her Cutoria. Vflicn Uie TTM a Child , ho cried tor Ceitorlo , When she becama Kl&i , the tlunc to CaatorU , W > ? n ftfiehu ? ChlUreu , sl-o K.vra them Partorla. LINCOLN NEWS .AND NOTES , The Mystery Surrounding the Kid naping Onso Dlspollod. RAILWAY FACTS OF INTEREST , SI | MirtonncD oCn Ucccut Moro Oit tlio Tnrt of the IlurlliiKton Nnw No- lirnxkn IStitcrprlscs Notnrlcs Commissioned. LINCOLN UCIIEAU op ran Chain BOH , ) 1030 1' STnnp.r , } LINCOLN , April 15. | What might have proved nlmppy mnrrlngo , under ordinary clrcumstnnccs , took plnco In 1'lnttsinouth some tlireo yonrs ngo. The groom was n young man nnmctl Donixlil , nuil the brldo n domestic In ono of the thrifty homos of that city. YounR Don- nld was bitterly opposed In the nlllnuco by his parents , who claimed that ho was wedding - ding beneath lilm In social portion , but the opposition wont for nought. Love laughed nt every obstacle , and for a thno nil wont merry. Changes cnmo , however , duo , It Is said , to the ofllclousncm of the mother-in- law , whom the youngwlfocould not tolorato. In the course of tlmo a babe was born to them , nbonnlo boy and the trouble was hardly over before the young wlfo and mother was deserted. She wont to Omaha on the restoration of hcaltti and sought employ ment , securing n position as cash lor at ono of the restaurants of the city. Donald wont to Weeping Water , where ho subsequently secured a position as teller In ono of the banks. A few weeks ago ho wont to Omaha , nnd whtlo his deserted wlfo was from the "crib" stole the babe , and do- splto the tears nnd entreaties of his wlfo , who followed him to the Missouri Pacific depot , bore It to his Weeping Water homo. Mrs. Donald soon followed him , but was tin- able to get possession of her babo. Fearing , however , that she might in ttmo steal a inarch on him , Donald committed the child to the care of Mrs. Hutchison , a relative of his , who moved to Lincoln quite recently nnd located at the corner of Twenty-fourth and S streets. Through a lady friend , who lives In the family of Mr. Oeorgo liostnttor , Mrs. Don ald learned of the whereabouts of her child , and came to Lincoln Saturday to secure It if possible. She called at the residence of Mrs. llutclunson shortly after arriving hero , accompanied by ono ot Mrs. 1P. . Quick's employes , who know her in former days. Hy n little skillful maneuvering she got pos session of her child nnd mndo for the door , but was intercepted by ono of Donald's younger brothers , who recognized her and comprehended her play. Ho viciously at tacked the mother , striking her , it Is alleged , three or four times , but the young lady with her flow to her assistance , and together they succeeded in getting away with the child. Mrs. Donald declined to prosecute her brother-in-law for assault , though urged to do so. She says she is happy In getting possession of her bubo , nnd will takn good euro that her husband docs not obtain it again. Mrs. Donald loft for Omaha yesterday. The sympathies of the people acquainted with the incident nro with the mother , who is described ns pretty nnd intelligent , and abundantly able to care for the child of her unhappy and unfortunate union. This , in brief , is the story of the kidnaping spoken of by THE Bin : this morning. Jtnilw.iy Knots of interest. Railroads , like other enterprises for "money getting , " hnvoa selfish motive when any inovo of a decided character is made. This fact scorns to bo fully demonstrated in the action of the Burlington oDlcluls in ex tending the Alliance branch of this system of roads into the great northwest. When grading commenced on the extension n few weeks ugo it was qulotly given out that con tractors would bo called off whenever the stale board of transportation attempted to make n "ruinous" cut on freight rates. Time in which to do this was oven stipulated. Of ficials of the road sought , to create the Im pression that the clamor for better railway facilities in the sparsely settled portions of northwest Nebraska was theirgroat stimulus for immediate action. Though gauzy , the reason seemed to go down. In many places , and oven in certain quarters in Lincoln , this impression was tukcn ns a matter ot fact , and it is possible that about Alliance and Crawford the great Durllugtou is passing as a public benefactor , with hardly a hope for reward. The fact is , the object of the Burlington people , in extend ing this road from Alliance into Wyo ming , is to gain access to the rich coal Holds there. It Is welt known that the Burlington so far as coal is concerned , is measurably a dependent road. Tlio supply of ttio road is obtained from foreign corpora tions. Everybody knows , on a moment's thought , that the Burlington tups but few , if any , of the rich coal mines of Iowa , and none ot them farther cast or south. The Alliance extension will prove a bonanza to the Bur lington , and it would bo pushed , though the state board reduced freight rates below those oxlsting in Iowa. It is only 113 miles from Crawford to the mines in Wyoming which the road Intends to reach. It must stnko the reader now that there is really t > omcthiu selfish in the onward march of the Burlington into the great northwest. The rorul will bo able to obtain Its own coal , of splendid quality , and this is an item of great moment. While it will benefit the road it will also benefit the towns of Nebraska through which tlio Burlington system passes. In this the public will be benefited. The foregoing information was grntuiioubly civcn Tun Btu man by a gen tleman connected with the state board of transportation this morning , and It can bo tnkon without the usual grain of nllowanco. Articles or Incorporation. Tlio Gothenburg Hollar mills , the Bloom ington Butter nnd Cheese company , mid tha Stnto Bank of Harvard to-day entered art- Iclcs of Incorporation for record In tlio oftlco of the secretary of state , nnd nsk recognition ns legally Incorporated Institutions , having fully complied with the requirements of lliu law. law.Tho The roller mills company orgnnl.od for the tnirposo ot transacting n general milling business nt ( Jolhcnburg , Dawson county , on nn authorized capital stock of 10,000. Incor- poratorsi 13. Q. West , L. M. Krrlcson , H. L. Carlson , Jones Adllng , Ad. Johnson , Godfrey Peterson nnd John Hnsmuason. The butter nna chocso company , of Bloom * Ineton , Hitchcock county , authorizes n cap. llal stock of $10,000 , nnd Incorporates to man- utnctura butter nnd chcoso , and deal In realty nnd personal property necessary for the suc cessful operation of business. Incorporators ; Charles H. Douglas , Ferdinand H. Ludoko. E. l' . Mnrsh , William McClelland , A. B. Trul man and Isaac Black , The State Bank of Harvard , Clay county , commenced a general banking business April 1 , on hn authorized capital of $100.000 , one- half of which was paid In hand on thai dnto. The company stipulates to continue business twenty years. Incoriwrntors ! Edward Up. dike , A. D. Blackwcll , L. J. Titus , G. W. Updlko nnd S. II Blackwoll. The Bank of Omaha also filed amended articles. The capital stock was llxod nt $100,000 , GO Dor cent , of which was paid up on the 1st of last January nnd the balance thirty days from that tlmo. Amended articles were signed by C. P. Ncodhntu , vloo-prcsideiit , and Frank V. Wassorman , cashier. Notarial Appoint mi-ntH. Governor Thayer to-day made the following - ing notarial appointments : JamosD. White , York , York county ; George H. Hastings , Crete , Saline county ; W. H. Lowe , Norfolk , Madison county ; William J. Houston. Lin- coin , Lancaster county ; M. Carl Smith , Aurora , Hamilton county : Joseph Brannnn , Jackson , Dakota county ; GcorgoW. Updike , Htirvard , Clay county ; Charles W. Conkling , Tokamnh , Hurt County ; James Squair.Codar Uaplds , Boouo county. City NCVVH nnd Notes. W. K. McCarty. ono of the Union Paclflo employes hero , fell from n flat car this morning - ing and broke his right log below the knee. Ho was carrying n pail of water to some of his associate workmen down the track from the depot. A sharper sailing under the name of Fred Wehrlo tried to "do" the Capital Na tional bank to-day to the tune ot fU7. Ho presented n check for that sum signed by Obcrno , Horsioic & Co. , but the assistant cashier , suspecting that all was not right , stopped from his window to nsk concerning 1L Wohrlo a moment later wai nowhere to bo scon. Ho was out of the bank in no time , and despite vigorous search. escaped. Senator Taggart took out his marriage license to-day. Judge Stewart says this was the first paper of the kind ho over Issued to n llvo senator. The Tagdart-Wllllams wed ding takes place at 7 o'clock to-morrow even ing nt the First Presbyterian church. .lohn Fong nnd Mtiiuio Andrews , both ot Omaha , wore married to-day by Judga Stewart. Thus another celestial mated with a cooing white dovo. O AVOKK9 The Board Tnkns Aotion With a View to Early Improvement ! * . City Attorney Webster was present nt thn meeting of the board of public works yes terday and informed the board that under the decision of Judge Doano permits hereafter - after must bo issued by the entire board. Representatives of the motor company were also present and asked that the permit bo granted them requested at the tiuia they were enjoined , to extend tholr lines on Sherman avenue north from Clark streot. This was done under the provisions of tlia new ordinance compelling the company to deposit with the city treasurer a sufnciont amount of money to pay for the pavement they destroy. The representatives of the company con sented to this under protest , and the permit was issued with the condition that they bring to the board the treasurer's receipt for the amount necessary to repair the pave ment. In addition 'to this , the company's repre sentatives asited for n permit to build tha lines the entire distance to the fair grounds. They were instructed to lllo with thqboard n transcript Of the court's decision in the in junction suits , nnd the permits would bu issued ns desired , providing that payment was flrs made for all pavements. It was decided to use but two gallons of tar to the square yard of cedar or cypress block paving under the now specifications. The following resolutions were adopted : By Furay Resolved , That the permit heretofore issued by the board to the Omaha Motor company , authorizing that company to construct its double track railway for the distance of two blocks on Sherman nvcnuo , north from and including the interscotion of Clark street with said avenue , bo and is hereby confirmed. By Kiorstead Hesolvod , That Gcorgo W. Tillson , city engineer , is hereby requested to prepare all specifications for sowar work , paving , curbing , grading , * permanent side walks and nil other proposed work for 18b3 and report the same to this board for adop tion nnd record as soon as possiblo. Jliborninn Ulllcs. A military order which will bo knows as "Division No. 2 Hibernian rifles , " was formea in this city Sunday. The me'eting for the purpose was hold in Wolffs hall , Tvvonty- second and Cuming r.troets. Forty names wore enrolled and the following oOIcers woru elected : Daniel O'Connoll , president ; Pat rick O'Gorman , secretary ; { James WIsoley , treasurer. The meeting then adjourned to meet next Sunday , when the remainder ol the ofllcors will bo elected and details com pleted. JOHN C. GniiHN SCHOOL OK SCIENCE , COLLEGE ov NEW JEUSKY , V , fc. J.J Jl'Jifstrs. Proffer & Gambit : "The sample of Ivory Soap received from you is an excellent Laundry Soap of more than average cleansing power. The soap Is also very well made , no greasy fats being left in it , while the alkali is thoroughly combined so that It will not injure the most delicate fabrics. Very respectfully yours , H. B. CORNWALL , Professor of Chemhtty. A WORD OF WARNING. The.e arc many wliilo soaps , each representecl to be "just as Rood as Iho 'Ivory's" ' they ARE HOT , but like all counterfeits , lack the peculiar and rcmarl ljlp fuaitiei ) | of the ycnt'inc , Afk for "Ivory" Soap and Inilst upon getting It. Copytl ht U3G , bjr Procter A. Oambln.