THE OMAHA DAILY BEg : TUESDAY , APRIL 16 , 18S9.
THE DAILY BEE.
KVKRY MOIININO.
TEHMS 0V 8UIISCUIPT10N.
DMlr ( Morning iWlllon ) including SUNDAY
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For Plx Montlin. , . . . . . , . , . . . , . . , . . , . o CO
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THE OMAHA SHWHAY Ilr.E , mulled to nnjr
f mMruH. Ono Yenr. . . . , . 4 . 200
\VKEKLY IlEC.OneYcnr . 200
" OMAHA OrFiCBNos.m4Rndn8t'AnNAM8TnBisT. !
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Iluii.DiNf ) . WASHINOTOX Urrtoc , Mo. MS
i BTHKCT.
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ddressad to THE DICE 1'mii.tKiiiNO COMPANY.
OMAHA. Drafts chcrks and postoiflc * orders to
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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.