GARLANDS FOR DEAD HEROES
Preparations for the Twenty-third Observ
ance of Memorial Day.
TRIBUTE TO A GREAT BODY
QTdc Origin of the Grand Army of the
Kcpiibllc In Springfield , III.
Kurljr Iayn of the
Organization.
The following Is taken from the New York
Tribune :
1'or us llm Imddod laughter of the Mny
Is beautiful today
Upon thnlund : but nevermore for them ,
Our ImrncHRnna. the rose upon 111 stem
Unfolds , or the fair Illy shines to bless
Tholr llvlnif cyot with pure loveliness.
No Minn bird at tlio morn ,
Greet ! ) them with Kindness of u day new born ,
No kiss of child or wlfo
i ihulr cold lips again t < > love and life ,
sweet slumbers with us sweet ro-
Tlmy mity not nwnko again !
Hut from dm precious soil ,
Horn of tliu loll ,
Nursed with what crimson r.iln ,
Wo pluck today the snuw-whlto flowers of
pence.
Memorial day Mny ! )0 ) hns bccomo a "red-
letter" day Indeed in the American calendar.
Moro than half the states of the union have
made It by law a legal holiday. By common
consent thousands upon thousands of loyal
people of tlio land look forward to Its observ-
nnco with n spirit of love , tenderness und
thankful appreciation which pertains to none
other of the anniversaries they delight to
celebrate. The growing esteem In which ills
hold is n constant tribute to tlio great organi
zation which Instituted and perpetuates it
tlio Grand Army of the Republic.
In no town or city of the
country is the dny so warmly grctcd
or so generally observed ns in tlio city of New
York , for none is so rich in heroes , dead and
living , und nowhere Is this wonderful frater
nity so stroni ; in numbers or moro self-reliant
and patriotic. Jn New York and Its Immedi
ate neighborhood moro than fifteen thousand
veterans of the war , recognized as members
' * * of tin-Grand nrmy , nro preparing for the
w < ! ceremonial which their ritual prescribes for
Memorial day of the year 1800 , tlio twenty-
third occasion of its observance.
Less than a quarterof u century has passed
filnco tlil.s giant society sprang into existence.
It numbers today with IU thirty-eight depart
ments , each covering a state or territory ,
nearly Imlf a million of men. Of its young
est members few have not passed the ago
which' renders them by law no longer eligi
ble for military service , while many of its
seniors had exceeded the limit when the war
of the rebellion opened.
It was fitting and most appropriate that the
Grand Army of the Hcpubliu should have its
birthplace In the same City which was for so
many yours tlio homo ot the "martyr presi
dent , " and that tlio bones of tlio "savior of
his country" nnd these of the founder of an
organization made up of Lincoln's ' "boys in
bluo" should repose In hallowed places not far
from thu banks of the Sangamon.
OUKIIK OL' TUB OHEAT OIIDRIE.
It was In Springfield , 111. , carlv in the year
1800 , Unit Mayor Bunjnmin Franklin Sto-
phcnson. who bad faithfully served during
the war as surgeon of the Fourteenth Illinois
regiment , conceived the idea of an organiza
tion which might cement in civil life the
friendship * formed amid the hardships and
f perils ol tlio war. But ho had n purpose he
ft yotul mere frntornity. Ho believed that there
\ was need of such an organization to secure
legislation for the euro and education of the
orphans of dead comrades , to. provide for
their widows nnd children , to build homes
for homeless veterans upon whom the hand
of adversity had heavily fallen , and to aid
the disabled and destitute in their advancing
years and increasing infirmities. Thus did
this far-seeing soldier attempt to remove
from the nation tlio shatno of permitting men
who saved its lifo to live , die and bo buried
ns paupers in the land they helped to save ,
and to comfort and relieve tlio necessities of
, f those dependent upon them.
/ On April ( i , ISIili , Major Stephenson , acting
) ns provisional department commander of Ill
inois , mustered in twelve companies as post
No. 1 , at Dccntur , in thatstnto. Tlio ritual
was nn imperfect one , viewed in the light of
today , but the organization spread rapidly ,
especially in the west , and on October ill ,
18tH ) , Dr. Stephenson , us provisional eom-
mander-in-chief , called the first national
encampment , which met in the city of
Indianapolis on November 20 of the same
year. Before this an Illinois State Kncamp-
nicnt had been held , at which General John
M. Palmer , Dr. Stophenson's old colonel of
the Mth Illinois , was elected Department
Commander. At the first national cncamp-
( \ inont representatives from the States of 1111-
nois , Indiana , Missouri , Kansas , Wisconsin ,
Now York , Pennsylvania , Ohio , Iowa , Ken
tucky ami the District of Columbia were
present. Indiana's great war governor ad
dressed the convention and predicted lor tlio
organization n glorious success. Tlio election
of u commnndor-in-ehiof resulted In the
choice of General S. A. Hurlbut , of Illinois ,
nnd ho was tlio first to hold this post of
honor.
s During tlio ycnr 1S07 great progress was
i yuio in the work of organization. Posts
wcro formed in all the cities and towns of
importance and " Departments " wcro set up
iu the various states ,
The uooond national encampment mot in
Philadelphia on January 15 , IbtW. The order
had gained amazing strength in tlio meantime ,
nnd the roster showed the existence of ilnou
posts , with a membership believed to exceed
. ' 50.000 of ttio best men of the war. General
.lolin A. l.ogan was elected commander-in-
chief , and to tlio gallant and typical volunteer
Boldier belongs the honor of issuing
tlio first order for the observance
of Memorial Day. To whom tlio credit
should bo given of originally suggesting the
beautiful ceremony of decorating the graves
of ( load comrades is not fully settled. It is
thought , however , that the first suggestion
came from a former private of the army , who
addressed n letter on the subject to Colonel
N. P. Chipman , Gener.il Logan's adjutant-
general. The letter came from Cincinnati ,
nnd tlio writer , n native of Germany , spoke
of n custom prevailing in the Fatherland of
assembling in the spring time and scattering
flowers upon tlio graves of tlio dead. Ho ad
vised that the Grand Army inaugurate such
nn observance in memory of their dead. It Is
much to bo regretted that Adjutant General
Chipman failed to preserve tlio letter , and
was uiuiblo to remember tlio writer's name.
TUB VIRST MBMOU1AI. 1 > AV.
General Logun , however , warmly approved
of tlio suggestion nnd Issued tills now famous
general order :
IlKAligUAUTKIlS OllAND AllMV OF THE )
KKi'iniuc , }
Washington , 1) . ( ' , , Miiv5 , l&W. )
1. The ait h day ( if .May. ifctls , Is doilKiiatcd
for the ptmioso of strewing with ( lowers or
othurwl-o decorating the graves of comrades
, UUotiled In ilofeiiso of thulr country during
' Un } l' li' loliolllon , and whoso bodlo.s now llo In
nlino-jl inery city , villaiio nnd hamlet eiiureh-
yanl In tlio land. In tlilsnh.scrvanco no form
of eorunumy IH proscribed , but posts and com
rades will In thulr own way arrungu such llt-
tlnK son-loos and tesllmonluls of respect as
elroumntiim'os may penult ,
\Vo are organized , comrades , as our regula
tions toll us , for the purpose- , among otluir
things , "of prcsorvlim and Ktrotiu-tlionlmr these
kind and fraternal fcwllnus whloli huvolxmwl
together tliosoldlorw , sailors und niurlnos who'
unlU'd In .suppress tlio lain rubulllon. " What
can aid moro to nssuro this losult than by
cherishing timtlorly thu memory of our herolu
douil , who madu tliolr breasts u Imrrlcuiln but -
t woon our oouutry nnil UH foes. Their Mildlnr
llvos worn the rovolllo of freedom to u rueu In
chains , and their dotithsthu tattoo of rebel
lions tyrt.nny In arms , Wo .should cuard tliolr
graves with sacred vlgllnnro. All that thu
consecrated Health and tusloof the nation can
mid to lliolr adornment und security 1.4 but u
lilting trtbuto to thu memory of her slain de
fenders , l.ul no wanton fool tread ruiloly on
knoll hullov\od grounds , l.t'l pleasant path * In-
vltu tin ) coming and going of roMnonl visitors
nnd fond immrnurs. Lot no vandalism o
uvurlcuornoKlcct.no ruvnKcsof tlmo , testify
to the prvMmt or to tlio coming gonuratlons
that , wo huvo forgotten us apcoplu thu cost of
u free and undlvldod ropuhllo.
If othoroyos urowcdull and other hands
filuel ; and other hearts cold In thosolomn
trust , ours sliiill Uoop It well as long us thu
light and warmth of life remain to us.
l.ot us. tlion , at the tlmo appointed , gather
nrouiul their sacred romalns and garland thu
r Jmssliinlo s mounds nbovu Ihi'in with thu
cliul. o > ( iloucrs of Kprlngtlmui lot us ralsu
iimuoihum the dpar old llug they saved from
dishonor ; lot us In this solemn prKsonco rcnuw
our pluiUvs to aid nnil iiisUt thosu whom they
jitivo left iiiiuiiiK us. u sacroil chnrxo upon n
liiitUin'sgnitltiulo the toldlur'b and sailor's
vrldow und orphiin.
11 Is iho purpose of the commumlor-ln-
toluuuuurutu this oUorvauco with tliu
hop-i thnt It will be knpt lip from your to ycnr
While n survivor of the war remains to honor
thonioinorrof his departed comrades. Ho
earnestly desire * the public nrom to cull nt-
tonllon to till * onler , nnd lonu Its friendly aid
In bringing It to the notlco of comrades In all
parts of the country In tlmo for simultaneous
compliance therewith.
a. Uoimrtmcnt commanders will use every
elTort to make this order effective , lly com *
monil of Joii.v A. l.ofiAX ,
N. I * . CiripMArr , Comnmmler-lti-Clilof.
Adjutant General.
The order met with n most enthusiastic re
sponse throughout the land.
Two years Inter the national encampment ,
which was held nt Washington , Muy II , 1370 ,
adopted the following us u part of the rules
and regulations , nnd inauo the celebration of
the day perpetual :
The nutionul encampment hereby estab
lishes n moinorlnl dny. to be observed by tlio
members of tlm Grand Army of tlio Republic ,
on tho.'nitli day of May annually. In commem
oration of thn deeds of our fallen comrades.
When such duy occurs on Sunday , the suc
ceeding day shall bn obMsrVed. except where ,
by Icaul enactment , the picceillii ! ? day Ismadu
u legal holiday , when such day shall bo ob
served.
Ono of the first declarations of principles
which the Grand Army of the Republic put
forth was that It was "organized to maintain
in civil life these grand principles for which
it stood In arms under the national ling ; that
it stnnds pledged to crusli out active treason ,
to advance and support loyalty , to secure
sound constitutional liberty to nil men , nnd to
vindicate everywhere and nt all times the full
and complete rights of every loyal American
citizen against nil cotnblnntlons of foico and
fraud that may attempt to deny or deprive
them of such rights. "
ALMOST wuncKnn AT run STAIIT.
These principles were certainly sound and
In themselves unobjectionable , but during the
exciting campaign preceding the presidential
election of ISM. when General Grant was
first chosen chief magistrate , partisanship
ran high , nnd many Impetuous young men
within the grand army argued that under tlio
declaration quoted , no soldier of tlio war
could conscientiously oppose tlio republican
candidate. The result was the widespread
dissemination of n belief that the grand army
was organized wholly on political lines and
that Its alms were mainly political. The con
sequences were deplorable to the organiza
tion , nnd the result was that when the heat of
tlio presidential campaign died away , it began
to disintegrate oven more rapidly then It had
formed. Many predicted Its utter extinction.
An additional cuuso at this time of djssutis-
factlon was u change in tlio ritual , creating
three grades of membership , the recruit , the
soldier nnd the veteran , with signs , grips and
passwords in each degree. A "recruit" of
two month could bo advanced to the grade of
"soldier , " mid the "soldier" at tlio end of six
months could become u "veteran. " But the
change was excessively distasteful to men
who had entered upon actual service through
the simple process of a muster-
In , nnd who hud been made not
Imaginary but real veterans by
thrco or four years of hard fighting nt tlio
front. The ranks were depleted so rapidly
that tlio membership of n quarter of n million
fell in n short time to less than one-tenth thnt
number. Years of depression followed , but
when the national encampment mot in May ,
I871 , it most sensibly struck fiom its consti
tution nil reference to grades , nnd ulso in
serted the following , which eliminated poli
tics forever from the organization :
No ofllcor or comrade of the Grand Army of
the Hepulillu shall In any manner USD this or
ganization for paitlsun purposes , and no dis
cussion uf partisan questions .shall be permit
ted at any of Its meetings ; nor .shall any nom
ination for political ollii'o bo made. Article
xl , chapter 5 , Knles and Kegulutloni.
From the day this regulation was placed on
the Grand Army statute boolcs , tlio body lias
steadily grown in numbers , Influence1 and
power for good. Its progress at first was
slow , for it regained the ground und tlio con
fidence It hud lost with difficulty. For sev
eral years , however , the accessions did not
exceed the losses , but by 1S70 tlio Grand
Army began perceptibly to recover from its
early mistakes , und its roster showed the en
rolment of 41,80men. , . At the national en
campment of the following year 1)0,073 names
of members in good standing stood upon its
rolls.
ox Tiin up aiiAi > n AO.UX.
Tlio report of the adjutant general made
Mutx'hUl , 1.SS2 , showed that tlio number hud
risen to S'JK)4 ( ) , a net Increase during
the previous year of 2'.t-5U. Hence
forth the growth of tlio society
was phenomenal. The report of March III ,
1U.SH , exhibited u total membership of 145.0:1 : : . ' ,
and the then enormous increase of .W.O'.K ' ) to
the rolls. A year Inter , March 31 , 1SSI , the
adjutant general reported t3i,595 ! ) veterans in
the organization , or the surprising addition of
88,000 men.
With the Increase of numbers came also
tlio additional ability to aid destitute com
rades and their families , nnd during that year
the records show that § 154,000 was expended
for relief. Every post possessed a relief fund ,
and tlio necessities of its members were
looked after without appeal or even knowl
edge of the public. Each subsequent year
has shown a corresponding increase of mem
bership and fiscal ability.
On March III , 1SS5 , the muster roll showed
the presence in tlio Grand Army ol'2u9,084
men , a net gain over ull loses by death , sus
pension , etc. , of (17,507 ( , wliilo tlio amount ex
pended for relief during the year exceeded
170.000. The number of persons relieved
was 15-fOO. The next report , dated March 31 ,
1SSO , showed a membership of 'JSM,3.'i7 ! veter
ans. The relief fund hud then
reached $ -305,000 , while that of the posts
themselves aggregated $ . ' 101,012 , footing up
over half a million dollars in charity. Since
then the relief expenditures have yearly ex
ceeded this handsome sum.
In 1SS7 the rolls of the Grand Army bore
the names of ! ? iOOIG , men in good standing ,
and the following year they had grown to include -
cludo 351,210 veterans , in spite of a death
list of 3.-IOO. The mortuary tables have slnco
been constantly increased , making it certain
that they will" soon begin to pull down the
grand to'tul of membership. In 18S8 the ad
jutant general reported on the rolls in good
clouding 35l'Jl ( ! , uud lust year it stood at the
magnificent figure of 395,215.
Today tlio Grand Army of the I opubic ]
has in active existence not less than 0,450
posts , and carries on its muster-rolls about
410,000 honorably discharged veterans of the
war. Slnco Ib71 , when the organization
started out upon its present basts , it bus
given not leas than $2,000,000 to charity.
A Peculiar Medioino.
Apply to a cut , brntso or burn , Chamber
lain's Pain Biilm and It will produce a soothIng -
Ing and pleasant effect. Hut saturate n piece
of flannel with it , and bind it on to a sprained
ankle , a sere throat , or u bad case of rheuma
tism or neuralgia , and it will almost blister ,
will promptly relieve the pain nnd soreness
nnd effect a permanent euro in less tlmo than
any other remedy. Lame back Is ono of the
diseases for which it Is peculiarly adapted
nnd when used us directed always elicits the
generous praise of these who use It. All
druggists sell it at 50 cents per bottle.
All Girls Simula Uow.
Young women should conquer the tim
idity that they fool the moment they sot
foot in a row boat , snys the Ladles'
Homo Journal. A young man of the
right sort has no patlunuo with the want
of confldonco women Imvo In themselves
nnd in his euro for thorn. Botr : In mind ,
courage is a qunllty not to bo despised ,
nnd win bo worn becomingly by any girl.
It will come to you and perchnnco 1ms ,
as it does to alt women in some time of
great emergency , and yet you are hero
afraid of that which an Ida Lowls has
mastered when at Ua worst , and wnlch ,
if once understood , would give you
pleasure , and greater bodily strength.
Homo good oarsman will show you how
to sit Iu a boat and how to row with ono
oar and then with two Ho will tench
you the strokes and other mutters
necessary to bo acquired. Enjoy
your rowing as you would
your bath or your breakfast , be
cause it Is good for the body and helps ,
as does all physical exorcise , to prolong
life. Swimming , girls take to oven bet
tor than hoys , and are much more grace
ful ; and every girl should , if possible ,
understand this most useful of pastimes ,
Calllbriiln Cnt-U-Giiro.
The only guaranteed euro for catarrh , cold
In the head , buy fever , rose cold , catarrhal
keafness and sere eyes. Itcstoro the sense ot
taste nnd unpleasant breath , resulting from
catarrh. Kusy nnd pleusuut to see. Follow
directions and n cure is warranted bv ull
druggists. Send for circular to AHIKtlNK
MEDICAL COMPANY , Orovlllo , Cul. Six
mouths' treatment for f 1 : seut by mall. $1.10.
Sold by GooJmuu Drug Co.
DO THE PEOPLE WANT IT ?
Thayer Says the Extra Session Will Not Bo
Called if Citizens Oppose It.
THE QUESTION OF THE HOUR.
Arc Members of the Iicglalnturo Who
Hold Other Ofltcinl Positions Eligi
ble for the Special
Session.
Ltxcoi-rf , Nob. , Mny 23. [ Special to TUB
Bnn. ] In conversation with the Lincoln cor
respondent of Tun BEU today GoveniorTlmyci'
declared that If the jwoplo did not want the
extra session of the legislature they need not
have It. The reason ho called It was bceauso
ho supposed the people wished It. If the cit
izens of the state do not wish the session , ho
said , they have It In their hands to prevent It
by simply expressing themselves as opposed
to It. The governor would not further ex
press himself.
The governor says that thus far only one of
the members of the legislature now holding
oilier public positions has yet handed in his
resignation. This one was received yesterday
and was from Benjamin S. Baker , now United
States district attorney.
TUG iiunxixn QUHSTIOK.
The burning question of the hour Is con
cerning the right of legislators elected to
other puInic positions being entitled to hold
their seats in the special session called to
meet Juno 5. On this point Attorney den-
oral Lceso expressed his opinion tills evening.
The case In point was that of Senator John
ICeni , who is at present county treasurer of
Uoilgo county. Attorney General Leeso
says :
"The question Is one for the legislature to
determine. Section 7 , article n , provides that
cacli house shall bo judge of the election re
turns and of thoquallilcations of its members.
No ono has the right to question Kern's ' elig
ibility but the senate itself , and wlillo the
authorities nro not in harmony on the ques
tion the weight of evidence seems to bo that
where the constitution uses the words "public
offlcer" and "holding a lucrative onico under
the authority of this state , " they apply only
to such ofllccrs as nro mentioned in the consti
tution or such as receive n fixed salary paya
ble out of the public treasury of the state. I
am of the opinion that Kerns should hold his
seat as senator until the senate holds other
wise. "
According to this decision Mayor Gushing ,
County Treasurer Snyder and County Com
missioner Berlin of Omaha uro still members
of the legislature unless that body holds
otherwise.
COIIK ORAmxo.
Mr. A. O. Scott of Kearney writes to Gov
ernor Thayer eoncerninir the statement of a
writer signing himself "Nebmsknu" in n
local paper , in which the latter claims that
there is no reason for a change In the system
of grain inspection for corn and afllrms as a
reason that DO per cent of the com crop of
188 ! ) for six months has graded 2 at seaboard
markets , three-fourths of the same coming
off the ground.
Mr. Scott says : "I have with much care
examined the daily market reports of Chicago ,
the largest corn market in the world. Prom No
vember 27 to Mny lit for one day in each week
I llnd the receipts of corn at Chicago on the
days mentioned was ! ) , S5S cars ; number of
cars that inspected No. U , : , tS5 ! ; number of
cars that inspected No. 8 or less , t ! , ( > 03. This
tabulation shows that less than one-third of
the receipts at Chicago inspected No. 2 , leav
ing a difference of 5,018 ears less than the
statement of the writer. If this number of
cars was inspected No. 3 or le&s in Chicago
and No. 2 at seaboard markets , the producer
has lost not less than 2 cents per bushel and
perhaps more , equal to a loss of 50,180 for
ono day of each week. Is it not time for someone
ono to advocate a radical reform in inspection
at central markets , or the placing of inspec
tion under government control I"
A n.M.ui : ; TIIIUP CAPTCKUD.
Rosa Beasloy , the young servant girl who
robbed Mrs. ( Hover , her employer , of nearly
$000 worth of valuables about two mouths
ago and then lied , has finally been captured
at St. .Too by Detective Pound of the police
force of this city.
ICo.su accompanied Detective Pound with
out the formality of a requisition and arrived
in Lincoln late last night. She is only thir
teen years old.
A STATE MUSEUM.
Ex-Governor U. W. Furnus , secretary of
the state board of agriculture , is making
preparations for placing n library and exten
sive museum of Nebraska products In a suite
of three rooms in the eastVing of the capital
building. The museum will occupy two rooms
and will contain specimens of the various
products of the state , both agricultural and
mineral. The space in the rooms will bo en
tirely occupied with largo glass show cases
with aisles between them. In each case will
bo llfty largo jars containing ttio specimen
products and information concerning the
same pasted on the jurs. The glassware
is being especially nuido for this purpose in
Philadelphia.
Ex-Governor Fumas will plnco his own
private collection in the museum , which is
the result of thirty-six years' work and study
and which is pronounced by high authorities
us the best private collection in the country.
Mr. Furnus will probably bequeath this col
lection to the state at his death. It has al
ready been taken to the state house , and as
soon us the glass cases and Jars arrive the
products will bo made ready for permanent
exhibition. Additions will bo made from
tinio to time.
NEW I'AIIl ASSOCIATION' .
A fair association has been organized in
Ouster county which will give its annual ex
hibits at Culluwny. The organization is to bo
known as the Caliaway Agricultural Fair
association. The capital stock is 1,000. The
incorporators nro U. 0. Woodruff , F. E.
Yanantwcrp , David Sprouso , S. C. AValdron ,
, f. D. Truycr , S. II. Yodor , G. A. Hoover , N.
M. Jones , B. Harper , Arthur Bird , C. M.
Britten , II. II. Audi-own. W. Holwuv , James
M. Henry , J. Woods Smith , W. J. Coons , II.
B. Schnerwlger , Edwin Bird , George S.
Smith , M. Conloy. N. M. Morgan , J. H.
Dacker.L. Michael , L.V. . Cormire.
Articles of incorporation of the Bank of
Orleans , Neb. , huvo been filed. The capital
stock is $20,000 and the Incorporators nro
George II. Grcou , Walter II. Green and Ed
gar L. Means.
AN ALLIANCE MI LI.
Seven men at Madrid , Neb. , have formed n
flouring mill organization , to bo known iis the
Farmers' alliance milling company of Madrid ,
and this morning Jiled articles of incorpora
tion with the secretary of state. The capital
stock is $15,000. The Incorporutors nro J. M.
Sheridan , J. ICegras , Uobert S. Carothors ,
William Tutum , F. L. Gloss , Fred Gildnor ,
110TII CLAIM TUB FAl'KnS.
Some weeks since J. J. Imhoft filed n
petition in the district court asking Judgment
against Attorney Thomas ICyan , claiming that
the latter had $ lfi0 : ! worth of notes belonging
to him , which ICyan refused to turn over. To
day Hynn filed his answer , In which ho ad
mits ho refused to turn over the notes , claim
ing that they belong to himself. Ho further
declares that in September , 1837 , ho entoied
into an agreement with ImholT to the effect
that If by the October of the following year-
no paid 2,500 to that gentleman the latter
should release all claim to the notes. lie paid
the money , but Imhoff refuses to release the
notes. Ho says also that the notes wore sim
ply given Imhoff us collateral security for
certain notes and mortgages on property , and
ImholT has long ulnco released the lots which
were covered by the mortgages. Ho asks the
court to decree the notes us his.
JOHN S. DAVIS CIUROKD WITH FRAUD.
AValllngford & Schamp have filed u very
sensational petition in the district court
against their late partner , John J. Davis , a
well known resident of Lincoln. Thov set
forth that In June , } SS5. the firm of Walling-
ford & Schamp entered into nn agreement
with Davis , forming n copartnership , the
firm to put In their assets , etc. , at $ .TT-1I5.7-1.
as a two-third share , Davis to furnish $ . ' | ,7X ( )
In money. They assert that Davis had charge
of the books during the continuance of the
partnership , and entered upon them as paid
in the amount of money ho was to put into
the business. They say that they believed
ho had done this , but allege , the fact to bo
that ho had made fulno 'and fraudulent en
tries in said books and appropriated 11,200 of
the amount to hi * own use and benefit.
They further allege that Davis made other
false entries to nn unknown amount , and that
ho 1ms taken uuil used for himself uu amount
which they bellovo exceeds W.500. Tho. firm
was dissolved January 12 , l8Sd , and DavU re
ceived one-third of the > talflo of the nssoU of
the firm. > ,
They nltcRO that at the tlino of the dissolu
tion Davis acknowledged that ho had misap
propriated n sum unknown , but which ho
siilu did not exceed $500 , Atul that if they dis
covered at any tlmo that morothim that
amount was due , ho wtnMfl make said short
age good. Tlioy IMK Uia court to compel
Davis to show bow much ty ° put Into the com
pany , and how much hO' Is yet Indebted by
reason of the fuels allerfW illwvo.
itr.imxo or cirf COUNCIL.
At the meeting of the city council lust evenIng -
Ing It was decided to construct n sewer for
the drainage of A ami B streets between
Eighth mid Thirteenth. The city engineer
makes the maximum estimate for the con
struction of the same ntfYU.GO.
The width of roadways on Eighteenth
street from J to O , and bit L street from Six
teenth to Twenty-first was ordered narrowed
to forty feet , the owners of property abutting
on these streets to have the benefit , of the
land discarded.
The mayor was authorized to borrow $25,000 ,
on the credit of the city , the amount to bo
placed in the water fund for the purpose of
making required Improvements and exten
sions of water mains.
Paving district No. 15 was ordered paved ,
and the board of publlo works ordered to nd-
vortlso for bids for the paving of the same
with brick. As the majority of the residents
In district No. 14 have decided to have cedar
block pavement the board of publlo works
was ordered to advertise for that material.
An ordinance was passed calling for a
speciul election Juno'0 for the purpose of
voting $100,000 bonds for intersection paving.
It was decided to call a special election also
to vote $ 'JO,000 for sanitary sewer extension.
10D CAIIUIKRS WANT MSB IIOUIIS.
An open meeting of the hod carriers of the
city was held this evening at Union Labor
hall. The call Issued was for all union and
non-union hod carriers to meet and devise
the best means of putting into effect the
nine-hour system. The president of the union
thus voices the sentiment of his follows : "It
is time for the hod carriers to have shorter
days for work. The laborers uro the pro
ducers of all wealth and should have more of
its enjoyments. Wo must fight our own bat
tle , as no ouo else will do so for us. " En
thusiastic speeches endorsing this sentiment
were made and u resolution passed endorsing
the nine-hour day.
SLTIICME COUllT I'llOCBEDlXOS.
The following were the proceedings in the
supreme court today : PhiUsmoulh vs Bocck ,
motion to dismiss overruled ; state ex rol
Jenkins vs state board of equalization , order
as to filing briefs ; state ex rol. Lancaster
county vs Chicago , Burlington and Quliiuy
railroad company , Thomas Darnell appointed
referee to take testimony and report findings
of fact.
The following cases were argued and sub
mitted : Chicago , Burlington and Quiiiey
railroad , company vs Barnard : Killer vs
Amos ; state ox rel Millno vs Cushman ;
Lewis P. Reynolds vs Dietz.
The following now cases were filed :
Owen W. Butts vs George W. Hunter and
others , appeal from Hall ; Phenix Insurance
company of Brooklyn vs Swartkowski , error
from Howard county.
The following opinions were handed
down : ,
Tyler vs Baxter. Error from Antelope
county. Heverscd and remanded. Opinion
by Justice Maxwell.
State vs Nebraska distilling company- . Orig
inal case. Injunction continued. Opinion bv
Justice Maxwell.
1. Corporations can be organized under the
laws of this state for a lawful purpose only.
Unlawful nets of u corporation uro not limited
to those which uro mala p'rohibito and malum
in so , hut include powers which the corpora
tion is not authorized to exercise und con
tracts which they arc not empowered to
make.
2. A contract in total .restraint . of trade in
the state and which tends to prevent compe
tition iu an article of commerce and create a
monopoly therein is null und void , and u like
rule applies to u conveyance executed for a
like use , u lawful purpose is therefore ultra
vires.
! ! . The court having jurisdiction a party
cannot , while the action is pending , disposoof
the property und prevent u final judgment hi
the case.
I. The franchise of a corporation being an
nulled the question of the rights of property
und of un intervener therein will not bo de
termined until all claimants can be heard.
Clark vs Williams Error from Douglas
county. ICeservcd and remanded. Opinion
by Justice Maxwell.
1. In an action for the removal of earth at
20 cents per cubic yard ono S. testified that
ho had cross-sectioned the work nofnro the
grading was done und in substance that the
measurements were accurate. A. M. II , then
testified that he mid S. had made estimates
from the data furnished by S. and from such
data a certain number of cubic yards of earth
had been removed. Held. U'hut the evidence
of II. was properly received.
2. Where the engineers of the city have
cross-sectioned certain grading to be done for
the city , made estimates thereof and filed the
same in the engineer's department such esti
mates nro udmlssublo us prima facie evidence
of the correctness of such estimates.
Hoborts vs Patterson. Error from Boone
county. Reserved and remanded. Opinion
by Justice Norval.
McCord , Brady & Co. vs Nell et al. Appeal
from Douglas county. Dismissed. Opinion
by Justice Maxwell.
1. During the hearing for the appointment
of u receiver the court permitted the plaintiff
to file an amended petition to which the defendants -
fondants objected , but did not ask leave to
file amended answers thereto , und it was
agreed that the original answers should apply
to the amended petition. Held. That the
power to grunt amendments in furtherance of
justice could bo exercised by the court in such
hearing , n reasonable opportunity being given
to the udvorso party to plead to the same , und
that therefore there was no abuse of discre
tion.
2. The appointment of receiver to take
charge of property pendento lito is an Inter
locutory order and no appeal therefrom can
bo taken until after final judgmen t.
cm" NOTES.
Mr. E. J. Ernst has resigned his position ns
secretary of the real estate exchange and J.
J. Gillilun lias been appointed us his suc
cessor. Hereafter the exchange will meet
but once u week until September. The meet
ings until that time will bo at 4 p. m. Wednes
days.
days.An
An agent of Frank Leslie's Weekly Is in the
city making arrangements to publish u sup
plement showing the attractions of Lincoln.
Horpolsholmer & Co. filed their answer
today to the petition of J. J. Imhoff to recover
335,400 for alleged breach of contract In re
gard to their occupying the exposition build
ing and for certain alterations plaintiff claims
ho made at their request. They put in u
counter claim for f 17,500 damages.
IS a complaint from wbich many suffer
1 and few nro entirely free. Its causa
is indigestion and u sluggish liver , Urn
euro for which is readily found in the
use of Ayor's rills.
" I have found that ; /or sick headache ,
eanaod by a disordered condition of the
Btonmch , Ayer's Pills nro thu most re
liable remedy. " Samuel C. lirudbnrn ,
Worthington , Mass.
"Alter the use of 'Ayor's Tills for
many years , in my pw lco and family ,
1 uni instilled in saying that they are an
excellent cathartic aild liver medicine
miHtuinlng all the clulum made for them. "
W. A. Wostfall , M. D. , V. P. Austin
& N. W. Itallwny Co. , Ituruet , Texas.
"Ayer's Pills nro the best modiclno
known to mo for regulating the bowola ,
nml for nil dlsooscs caused by u dis
ordered stomach and liver. I suffered
for over three years from headache , In
digestion , and constipation. I had no
nppotltn and was weak and nervous
most of the tlmo. lly using thrco boxes
of Ayor's Pills , and at thu same tlmo
dieting mysulf , I was completely cured. "
Philip Lock\voodTopeKa , Kansas.
" I was troubled for years with Indl-
Rostton , constipation , and headache. A
few boxes of Ayer's I'ills , used in small
dully doses , restored mo to health ,
Thuy are prompt and effective. " W. U.
Strout , Muadvillo , Pa.
Ayer's Pills ,
Dr. J. C. Ayer & Co. , Lowell , Mass.
Bold by til UruggliU ad Dealer * la Medicine ,
A VET
TELLS ABOUT-
" I was wounded In tlio b ? at the luttlo of Stone River. Doc. Otst , 13G2. My blood was pois
oned from the eflects of the wound , and tlio laff swalljd t J doubb Its natural size : , and remained
so for many years. Tlio poison cxtende.l tomy whola S7itaniari.lilsijltcrcd a thousand deaths ,
Nothing did me any coed until I I tookS iflS Specific , which took tlio poison out ot my blood
and enabled me to feel myself a man agai ; . S. S. S. Is the remedy for blood poison. "
JOHN CONWAY , London , Ohio.
"Forthlrt ty years I was afflicted with blood polwn , from which I sutTeroi untold agonies. I
commenced ta & K S. S.S , and after usln * UvaJ-tt.es . , I om ntlrcij og
: * * " I suffered for twenty years from blood poisoning. Three .bottles of Swift's Specific ( S. S. S. ) ,
cured mo entirely. " CATHERINE MOSHCK. Mineob , L. I.
\
f * " For about eight years I was afflicted with a running sore on my leg that gave ma a great deal
of pain and n9 end of trouble and Inconvenience , l ? . tMatn b tha lcadinB ! | physicians of this
no my leg was sound
„ „ - .Greenville , Texas.
) Treatise on Illood and Skin Diseases mailed free. SWIFT SPECIFIC CO. , Atlanta , Ga ,
ICofyrfchltJ ty S. S. S. CVO
yvwwwwwvvtfwv w * sfsraj osvr
*
| DELICIOUS , STRENGTHENING TO THE NERVES.
Tea and coffee cheer but do not nourish. They even
j ! leave an injurious effect upon the nervous system. Indeed
there is no beverage like
"BEST & GOES FARTHEST. "
It stimulates and nourishes as none other , leaves no bad
effects and is a flesh-former of the most approved type.
S3TVAN IIOUTKN'S COCO A. ( "onco trodalwnr ! njeil" ) . Thcutrnnemny ( nko
It with itlcii ui-o nnd the xvenk with Impunity. Tlieoxclltna vflTort * ttf tcit
mid coffee nro cilivlatuit by Itn steady me , antt ucrvmiv < ! 1 ortluriiiiro re *
Ilcvcil nnil iirovuiilcil. Ilcllcloni to tlio taito. "I.itrifot aalu In thu wnrM. "
ASIC FOIt VAX HOUTEX'.S AXDTAKnNOOTlinU. H
The Omaha Medical and Surgical Institute.
Forthe trnitmentof nil rnnONIC AND BUnOIOAI. DISKASK8. Prfti-cj. Appllnnooi fop Deformities , and
1'runea. 1) ' t Fn"lllllci , Apparatus and lloniedles for successful treltm"iu of cv ry form of illsL-niu ro-
nulrln .MoillcnlorSurBlcul'lroiitmeiiU NINKTY IIOOMS KOK 1'ATIKN'IS. li ! nnl nml nttonilimco. Hint
AcomiiiOlatlun3 ( . Wrlto for circulars on l.'ofonnltlea and llrnrri , Trusini. Clnb I'put. Curvauirca of
Splnn , I'lloi , Tumors , Cnncor , Cntnrrh , llrnm litil' , Inli Intlon , lO'oi trlc.lt > - , I'nrniyals , Kiilor | r , Klilnuy ,
Hladdcr , Kyo , Knr , i-kln nnd lllrod , nn I nil Surgical Operations. DISUABIIS OK WO.MKN -pecl.ilty. . liooli
Of Dlflcasoa of Women Ireo. Wo hnvo lately ttdiloil n Lylnln Popart men t f"f Witiiion ilurluK ( onllnoiuunt
( Strictly I'nvato ) . Only ItollnMo Mcdlcnl Iintltiits mikliiK n spcchdty of I'lllVATK DISrASKS.
All Illooil Diseases jiiccosnfully tieatol. 8yihlllllc | Di.Hon roinnvo < l from the Hratoui w flout mo'onry.
Kew ItostorntlTU Trontnicnt for I.osiof Vital 1'ower. Vnrt.es tinnblu to vlnit tia limy be trea'.oil ' nthoino by
corieapondOTUO All communications oontldcntlnl. MoUlcIno or Instrument1 ! Rent by uuill or ext > ron. so-
curi-ly pnckod , no mnrka lo Indicate c mtontn or ( tender. One per.-onnl Intcrvlonprnforruct. . Call and i-iminlt
n > or lend history of your caie , nr.d wo will fond In plain wrnppur our IIOOK TO MhN Kill ! 1C , | ion 1'rlvalo
Speclalor Nervous Dlsoases , Impotency , Byphllln , Glootnnd Vnrlcoculo. with quoitlon 1 sU Address
Omaha Medical and. Surgical Institute ,
Corner 9th and Harney Sts. . Omnha. Neb.
Etchings. Emerson.
Engravings. Hallet & Davis.
V
Artists' Supplies. Kimball.
Mouldings. Pianos & Organs.
Frames. Sheet Music.
1613 Douglas Street , Omaha , Nebraska.
DRINK ROOT
HIRES'BEER. .
The Purest and Best Drink In the World.
Appottiiizlng , Delicious , Sparkling and
tha Best Blood Purifier and Tonic.
A I'uckngu [ liquid ] Sic , mokus5 gallons.
EVERY BOTTLE Guaranteed.
No Trouble. Kaslly Mado. Try It
Ask your Druggist or Grocer for It nnd take
no olhur. Sco that you get HIKES' .
THE ONLY GENUINE.
Made by 0. K. HIKES. IMillniloliiiiln , Poiin.
Absolutely reliable , iiorfcrtly wxfo , most powerful female
nnrtiluturknownt never fall ,41 ft | M > X , iiontpnld tone box
iUlllciout. Aildrviu I.I ON Illll'l ) CO. . Iliilfalu , N. Y.
Huld by GOODMAN LlUlJO CO.
\monthby tlio rtiontlllonp i
Ipllcntlon of herbal rumu-l.
Jin * tn.it act In harmony
with iialuro In removing
tlio rnuso of tlui
ncciuotiliitlonuf '
sfut , without In * "
iiiilni ; lu > Uh.
oxppriiDont , 'u
nn actual nclentlflo fact , lU'inomratwl licfond Ihn n"e
tloii ufa doubt , 1 invite livf iliiaUon. I'lio tniatmrnt
of ohcHltytinurMlail > ' 1il-vr tltlnilrlitiumnlUm.nprTou )
UMiiny , blixiilaiuldcln UHi.ison a Facially. HTUICTT.- ,
t oifiMonNTMi. . A l'ln ' TMTltntlirpn v < * htanip rorcnvu
Unr. . < > . IV. V.linri , fnHoHSi38liile8l.tll- , 111.
JOSEPH GILLOTT'S '
STEEL PEWS.
GOLD MEDAL , PARI3 EXPOSITION , 1889.
THE MOST PERFECT OF PENS.
C ETSON'S
O OPT AND STIFF
Boyd'a Oporn House Block.
TIM : 1'iGimi : "n. "
Tlio figure 0 In our dates will iimko n long i ( Ay.
No man or woman now living will over data
document without uslnff the figure 0. It lUndu
In the third phco In 1800 , where It will remain tea
yonrs nnd then move up to ( oeoiitt plixoo la 1VXU ,
where It will rest for ouo hundred years.
Tlicro l another " 9" tilch hns nlso coma to stny.
HU unllko tlm flguroO In our ( laics In thonuippcl
thnt It hu : nlri'ftJy tuovod up to Aral pl.icc , wlu'ta
It will iK'rmancntly remain , It li cnllrd the "No ,
B" lllch Arm Wheeler A Wilson Sewing Mnchlno.
The "No. 0" wai endorsed fur first l > Uco by tin
oiperts of Kuropu nt tlio Purls Imposition of IR i ,
where , after n severe contest with Iho lending mv
chines ot the world , It wns ' nwnrded the only
On ml Prize given to tiimtly'ftcwlng machlnea , all
others on exhibit having received lower nwnrd *
Dt gold medals , etc. Tlio Krvuch Uovernmout
nlso recognized lt superior Uyliy the decoration ol
Mr. NntlmnleUVlieelcr , l'ri > slilent of tlia company ,
with the Cross of thu l < ctloU | of Honor.
The "No. 0" Is not an old mnotilim Improved
uron , frit is nn entirely new maoliluo , niul tin
GrnnJ Prlzs nt I'nrla wus nwnrdod It ns tlio grand'
cat advance in owtnK maclitno mcctmnUm of tlm
Btfo. TlioJO who Iniy It can rent assured , lhor
tore , of having the very Intustnud boU
WHEELER & WILSON M'F'G CO. ,
185 anil 187 Wnbiish Avo. , Chicago.
P. K. PLODMAN & CO ,
± M NorthKlthS troot.
HOW TO BUY
I IJN
LxINPlN STOR.IS.
Every particular liousokonpiT wnnts nleo
linen , she1 must und will Imvo It.
\Vo nro pnMiiiri'd to sunil minipluH to tlio
ImHesof Omalm , from wliloh they vuu make
thi'lr.snlectloim.
\Vo deal oxi'luilvnly In IdiiiMis , uud oi\rry
only thu HioU'i-st Importations dlri'Ot from
tin : iiiiiiiiiracliin'r. You suvutliunilddlo prollt.
I'uri'liuM-rs huvo tlm liunollt of itixiAiiii.m-
poods , and tlio lowisl , prli'oi cimilsuint with
high iimillty.Yrito us for Infoi nmllcm.
WM. S. KINSEY & CO. ,
The 1'lfth Avi'iiili ) Iiliioii Stoio ,
388 FiRh Avenue , - New Yorlc
Do You Know
That Dr. Simons Is ono of the most Hclontlllo
und fiiiucu.ssfnl physicians In the 1'iiltud
Ktutt'8 , und thut , ho Is located ut corner of
.loncn nnil tlith sis. und trciils ull cases of
NFRVOUS DIM ? ITY " 'om wim/ovm- /
IX IjlVVJVJO UljDll ll I I'aiiso , Hclimtl-
ilcully mid suucpssf ully. Dr. Simons Is u spou-
lulisl In ull foinulo complaints. No person
Kiilfui n from any of thuso distressing troub
les caics to Ua everybody know It , KO to Dr.
Slnionswho Is u ri'Kiiliirly odiiuutod pliysli'luti
without the semblance of quackery about
him. llo will dliiKonoso your case und toll
you plulnly whntliuryuii nun Imctirud or not.
( . 'all on him us ' .housands of others ha vo clone.
Coino and ho happy. Successful truutmuul hy
mull.
1)K , SIMONS 101 S. 10th St. . Omaha. Nob.
? For lOSTorPAUJHO MANHOODi
la.neml nnd NEHVOUB DKBIUT Y |
L , IWookcoiaof Body anil Kind , Effects
uIofErrorsarEioDiBOfinOldorYounir.
llobuil , .MoblfiJlA.IIIOOIirnllrllrtloird. lion to rnlirf " 4
Ibiolutrlr nntilllFK IKIHK lIlKAlnKNT llrntOli In .
H n iMtlry from fiu riUtaa and lurtlgn t'OQnlrlvt. Writ * thftiu
DMcrlptlic ElooL , vjnUnallon And vrocftnullttlrMilfdirrte *
Minn ERIC MEDICAL CO. , BUFFALO , N. V.
3OR.
ELECTRIC BELT
WKOIUU.
" " " -BtrT-AHO SUjl'tMSORY '
or ItKtl'Ml * ' - . M < 1 Tor lliliii > clll pur >
pote. Cur * ol ( Jmfrallie rik.rt. , ( Itlnc trr.lj , jlllj , Ho.ll , .
ln ( , ( nllouou. turrrnl of Klrrtrlcllr Ihroujh nil W8AIC
Klrflrlc Clirrtnl K.It UiUi > llj' or we forfeit $9,000 III enlh'
URI.T n l : lalif a.orr Comr > ll l S& . Bnft un. Wunt eaiel l'r-
raanrnllr CurrU In thrre mouthi. B nt 4 [ itmithlel Krea.
SAHD&lf ELEGTIUOCO. , lOOUHUUSi. , CHICAOO.IU.
( jM Your fare snvcd by buying n pair of these $0.83 merchant tailor made
iPi * pants , made for $13 , at Misfit Parlors , 13OO Farnam street.
Your faro saved by buying that $10 merchant tailor made suit , made for $08
at the Misfit Clothing Parlors.
Your fare saved by buying that $2O custom made suit , made for $48 , at the
Misfit Clothing Parlors.
Your faro saved by buying that elegant $28 custom made suit , made for $ OO
at the Misfit Clothing Parlors.
" \Afoel-itnrrtv\M A Your fare saved by buying that $18 custom made suit ,
VVaSnintOn ' v. made for1 $4O at the Misfit Parlors.
T/-\ - T\/Tr1 / C Your faro saved lay buying that $28 custom made Prince Albert
/ \ -Q
IU C , iU. . , tf suit , made for $08 at the Misfit Clothing Parlors.
Your faro saved by buying that $23 custom made 3-button cuta
way suit , made for $52 at the Misfit Clothing Parlors.
-v Your faro saved by buying that $8O custom made suit , made
J > for $78 at Misfit Clothing Parlors.
In sack and frock coats , variety In sizes and styles of goods. Pantaloons In do
mestic and imported fabrics , at prices that astonish the natives , at the
Original Misfit Clothing Parlors ,
1309 Farnam Street , Omaha , Nebraska. 1309
All alterations done free of charge to insure a perfect fit.