Nebraska Newspapers

    *
THE OMAHA DAILY BEE , SUNDAY , JULY 13 , 1S90.-SIXTEEN PAGES.
11IE DEPESDEST PENSIOS LAW
AMeasnre Framed for tbo Benefit ofPeuskm
Claimants.
JtULES FOR MAKING APPLICATIONS.
It IH Not Ncccssnry 14) Ktnploy nn At
torney or a 1'oiislon Audit
or the Application
HlanUf.
WAJIIIS-OTO : ; , July 10.-Si [ > oclnl to Tnn
Bii.J : Pension claimants iW ) expressing
theimelvcs as being greatly pleased with the
now dependent pension law. The provisions
ot the incasuro relating to application1 ! , to
gether with the recent rules adopted nt the
pension olllco , make It csay for claimants to
complete their casei und receive pensions
without the employment of agents. Indeed
if any ono now enters into a contract with a
pension ujent whereby ho or she agrees to
pay any sum whatsoever for procuring a pen-
slon under the now law It will bo on account
of Ignorance of the law or because ho or she
nhnply wishes to make n gratuitous present to
Iho agent. The republicans In the house in
framing this law male It n special point to so
simplify Iho proeesi by which applications
nro made and testimony furnished that the
claimant himself or herself can deal directly
with the pension ofilco 01 successfully as an
agent or attorney , and the claimant can pro
cure thr > pension as speedily m possible with
out any cost. And It should be added that
Commissioner Knum has done everything ho
can to lessen the expense oC claimants and to
get applications through at the earliest mo.
incut.
Jn the llrst i .nee , the now law , which rovers
ers nearly owry original and n lurpo majority
of upplhfitlons for Increases , provides that
the fee of agents or Jiltorney.s ' 'shall In no
case biprcntiT than f 10 , and only us shall bo
agreed upon hercundcr between the elalmaiit
and agent , " so that It Is cntlrejly optional
with tin- claimant whether a contract is made
with an agent. It Is further well to know
that nil contwcts made under laws prior to
this ono , nppioved Juno27 last , and which
are for cases coming under this new luw , nro
null und void , and the claimant Is in nowise
under obligations to renew the agreement or
* ; contract. New contracts or blanks for them
v * will bo presented to the t-Iahnants for re
newal , but it Is a mutter of option with them.
They can apply for blank * directly from the
pension oDIce here , by nddn-sslng Given 11.
Knum , commissioner , this city , stating
whether It is desired to apply for un original
pension or increase of pension ; also whether
it is for a dependent parents' pension or the
pension of a child of a soldier , sililor or ma
rine , nnJ the proper blank will bo mailed
promptly. Everything sent out by the com
missioner of pensions goc > s under a frank ,
f rw , nnd it Is not necessary to enclose a
postage stamp. The blanks which nro now
in use slate that the declaration orappllcatlon
for a pension Is to bo executed before a court
of rerord or some oDlccr thereof , having cus
tody of Its seal. 'J'lio now luiv makes it much
easier for applicants to prepare their papers ,
us tlie statements named In the blanks c.m
TJO sworn to before nny one authorized to administer -
minister oaths and having a seal. This In
cludes nil notaries public , and in most states
justices of tlio peace or other ofllccr of same
rank. This places nn onieertn every commu
nity. Any applicant of ordinary Intelligence
cnu 1111 out the blank , and It will cost but
twenty-live cents to walk over ton notary or
justice nnd swear to the statement. Then
mall it to the commissioner of pensions ,
Washington , D. C.
Whoa the application is received hero a
few days must necessarily clapso before it Is
reached for the llles , When It is opened
and examined notice will bo sent as to
whether it Is complete as to form and ovl-
dcnce. If it Is complete , application should
1)0 made to the coininissloncrto have it placed
on the Hut of "completed llles" for Immedi
ate consideration. This application should
sot forth that the declaration or application
has been made in duo form , stating the proper
eervli-o of the soldier nnd tlio facts as to Incurrence -
curronco of Ids disability in nnd his discharge
from the. service ; that the proof establishes
that the disability alleged in the declaration
was incurred ns provided by law ns being
necessary to entitle applicant to a pension ;
that the claimant 1ms , with the authority of
the pension bureau , had n regular med'lcal
examination in respect to the disability do-
Bcribcd and claimed for in the declaration ;
that in the opinion of the claimant the claim
is fully inatle out and complete. Claims
' placed on the "completed llles" are taken up
in their order nnd will bo considered ns soon
where there la no attorney ns whore n dozen
nro employed. They are taken up In their
order , and never out ot their order.
Under the old laws the privilege was given
nn applicant to make a special contract with
nn nttoruuy and pay as much asar for acting
In behalf of a clulni , but that special contract
was illed at the pension olllco if it was to bo
I considered legal. Under tbo new law the
limit in nil cases coining under the now law
is llxcd at § 11) ) . Of course these special con
tracts for a larger fee may now ho made
under the old laws for. caws wlili'li will not
bo considered under the now or dependent
pension law.
The following nrc tlio required forms of
flerlariUiona for dependent pensions under
the various regulations :
t niirr.AiiATioy ran IXVAI.III VHXSIOV.
rjToho esccutcil l > oforo n court of rccuril ornomooni-
corthen-lit liiivlnttruiliily uf lts eulor liny OMO
nuthorlttnl to mliuldlsier nn oath nnil having ascul.
Pinto of L
County of [
On tIiU..ilnr of AI ) . onotliou .imlcl lit liun-
Uroilnnil ninety. . , personally ni | | > i > nroil before me ,
of thn court , ni'otiitnf record within ami
fur llioeimrity ntidMiitonrorciuM , uiti < > l. .
ypnr ? , u rcsMmit of the uf. . , , . . , county
of rtiUo of who , I'i'lilK uay
nwnrn nivonlliiK tu luwdeclaim that ho N tholilen-
tlcil , who win enrolled on lliu..ihr of
IS..In
lllortmliitomnk , rtmipiiiiy ninl ri'ithiiunt In tnlli-
' tnry orvlceor vi'asol , If In the nuvf. J
Di HID wur of iho rebellion , iinii' > L'rr'uiVntfcri > luinity
iy , ninl wai honorntily illHrlmrKeil lit on
Oui. . . ilny of ,18. . . Thill hu Is unable to
Oirn n AUpj > ort hy ren on of
tlluru iiuiuo the illininso or Injuries from which
dliubloil.J
' ' '
Tlmt s.'ilil ( ll : il > llllle.i nro not lino'to li'lV'vicimm
linbltn , nnil nro to Iho bent of his knoMle-iluo nud hu-
llef iieniKiiiint. Tlmt liohiut niiplUol for pon-
lon unil r application No That hu Is n uon-
hmoruniii'reortlttcrUo No
( If niH-n loner , lliocortlnt nta ntimbor only nooil ho
Hlvcn. It not , KlTO thonumlicrot llio former api > ! l-
untlun If ono was mailo.J
Tlmt hu lualtoii lilH tloclarittlon for the purpoiio of
tolnKplncpilon tin ) ponihiM nillnf the Unltoit Status
uniturlho | irnvl ! loii of thu net of Juno 2J , 1SUO.
' liu hurubjr iipi > olnt
of , xtntoif , hh trnoniul lawful
mtorni'r to iTUHOfilto his cliiliu , Tlmt hli poalonico
uddrcx U count ; uf utato of
( Claimant' ! ilgnaturo. )
Attest :
Also pcrjonulljnpiicnrotl rc-sldlng nt
i uml roHlilliix nt pcrtoni
in 1 certify Io bu reupcttabln niul I'lUltloJ to
credit , nnd who , bolntf bj niuilulr nirorn , njr they
were present nnil sow tlo claimant , ilun
lil nnmu ( ur innrk his nmrk ) to tlioforviioliixilocla-
rntlon ; tlmtthuy Imvoi'vpry tuison to Mluvo from
the n | > i * > arnncuuf luitdclaliiiunl nnil their ncquiilnl-
uiico with Win fur years anil ytuirs riii > i > t ! < -
tlvoljr , Hint ho U tlio Identical ponton lie ropmnnts
lilnixclf to bo : nnil thnt ttioy liikvuuu lolcrust til tno
prosecution uf uliclului.
( SlKtmtiirtu of wltnoMos. )
Bworn to nml ubirrlbcil luiforo liinlhla ilay
f of. . . . , , , A.I ) . INI. . , amtlhervhri-Drllfy that the
f nintuntii < if the nbovo ilcularntlon , etc. , were
1 fully miicluknowu nnO oiiilnlnuil to thoaiiil | | .
luo--i r."Mt lln'1 wl' o ioj bcforo awourlnu , Inchutlnii
- t in wunlB eruMwl , nml
tlio woOK ] nil Jnl ; and
thnt 1 linvono Inti'reat , itlrect or Indirect. In
thu | iroieuullou of thli cl.-ilm.
( Olllelnl character , )
The art of Juno 57 , ISO , ruiiilrc liicivjonf a inMIor :
1. An hunorntle dl'dmrnu ( but thu certificate nucj
not la HUM unlvu called for ) .
3. A minimum icrvlconf ninety days.
S. A iH'rumnent phyilcal itU.iblllty not due to
Ylclimn ImMU. ( It n ! d uotlmve originated In tha
eervlro. )
4. Tlio rules nndar the net nro entiled from fa to
112. proportioned Io tlio ilotroj uf Inability to earn a
Bupjiort , ana tire nut nBeotu.1 by tlio rniik hold.
Ci. A pomlimcr under prior Inwrn miiy Apply under
tht > out * , or jtenslonwr untlfr this una mny npply
under oilier lu i , bul liu cannot draw uoro than una
ponilon fur the imuo period.
- * DEriAUATION roll IKI'EXUCN'T rATIIIIl'S rCNSIOX.
r To burxocutoilhoforo a court of record or orao of-
Ilier thi'ruuf having custody of toil or uny onu im-
' F ' tliorlxod Io aOulnlalcr an ualu ami having a tual.
P1 Ptnloaf . I. .
W County of . f -
I Oullils , . day of . . unetliomnntl olzht hundred
and nliioljrptriuiially i > pfnro.l Uifuro me .
of the . , . . .niurt. a court of rvcuritlnnnd for tha
county nnd clata aforvaald . , IUIHI. , .yp r , roil-
uunl uftlio. , . . , . uf . cuuulyof .
t&loof . who , Uilu ; duly morn ccorJ.nsto
law , dcc1 rM Hint lie l the father of . . , . . . , , , , , who
onllilcd under the nnrae of , . . . nt , . . . . . , , on the
. . . .d.iyof , . . , ,13. , In
( ilcro itatc rank , coropnny. nml rctitment In mlll-
tnry MKTIce , ur rcnel. If nnry > )
In the war of the rebellion , nlm died nt. . . . , on tin. ,
uny of. . . , li. . , from thocHocts of
' ' ' ' " ' ' ' " ' ' " ' '
iAcoftoil it' . . . . . . . on'tlio..V.l r'iif' , M. . .
The > nl < l ion Inft ntllhnr widow , nor child tinner
Mxiccn y ir of nze , turvlflna. ThntdeolnranL wai
nitirrlctl to thn mother of ald son cm lha.dny of. . . , ,
H.nt That hell wlthoutothor prospntmeans
of impport thnn lil.i own mnnunl Inuur , ortho oon-
trlbutlomof olhorit not le.'ftllr bnundfor his sup
port. Tint ho ha * npimotl ( or apon'lontho
number of hln nppllrntlon bolntr Thntlio
nmkei this ih'clnrnllon for the pmi > oo of bolni
placed on the pen-Ion rolldf tlio United 8tato under
IhoprnrliUjn of thoactof Juno27,181'J.
I Io hereby nnpnlnti , of
Mntonf hfitruonml lawful attorney to proio-
cute Ills rlnlm. That Ills | io < toiiico uililrea.s U
county of , a'uuot
( ClnliuHii
Atlcit
The nctuf JnnoS7,16Wrvqulroi , In the cn o of
iloponilont fnlhiT
I , Thnl Iho rolillor dlptl nt n wound , Injury or dls-
cn-o wlilcli. under prufcnt InirvoulJ hjTO lvcn
hlmn pension
i. That the ldlerlpft no wlfa or minor child.
3 , 'I'llnl the fnther In nt | 'repntd"wnd | < MH on his
own miimml lalmr. or thn contribution uf others
not Icirally bound fur hl tnpport.
i. Thnt nil pcnuloni untlor thl < act commence from
the Onto of llllnu tint npnllcntloni ( oiecutoit alter
the pnss.iso of the act ) In the pension bun-ail.
mn.AHATiox roitiiKPEXiiENTMOTHHits'rEvsin ; * .
Til ho cxwutod huforo a court of tocord or vomo
ulllcnr thuicof hafltiR custody of U" seal , orany
ona nnlliorhed to ndnilnlstur nil uuth nnd huvlni ;
n Men ) ,
Plato nf I , .
,
Cuuntyof f'3-
On tills..uny nf ono thousand clwht Itundrccl
nnd ninety. . , personally appeared lioforo lun ,
of the cuurt , n court uf iceord In nnd furllio
county nntl ntnto nfarosnld used .yenM , n > rcsl-
dpritof county ( if jtatn of ,
who , hi'lriB iluly nworn , acconllnn to law. declares
thnt aho H the motliur of who cnlhtpd
under tha nnmu of , at , on tlio
. . . dayof 13. . , In
' ' ' ' ' ' ' ' ' ' ' '
| 'iio'rb iin'to rnnk.'co'iu'pnii'y'rind''n-Hluicntor vn'ol ,
If navy. ]
In tlio war of tiio'rubolljun , who illvd nt
un the . . dnyof 13. . , from the f Heels of
Incurred nt on the . . d.iy of H .
That MM nun left neither a widow , nor child iindur
nlitecnyenr.sof nco surTlTlna. Thnt alia Is without
other pio.tunt inuiins of iupport than horown man
ual lulior. 'Unit xho hns applied foriitmnslou ;
tlin number f her nipltcntnn | Is Thnt she
make * this ilcolarntlnn for llin ptirpoic of bolnit
pluccil on the pension roll of tlm Unlleil Btutoj
undnrlho prnvNIom of Ihouctof Jurto7,1SW. .
bho horolty nppolntM of
ftntii of , her true nnil lawful attorney to
prosecute herchiliu. That her postulllco nihlruss Is
.cuuntyof ntato of
" ' ' ' ' '
[ cYnlmunt'ii s'l'tnaluro. ]
Attest :
Thn act uf Juno 37 , 1WO , requires Incasoof ilo-
I'l'ndcnt ' mother :
1. That KtiMlur ( licit of nwotiml , Injury , or clltcnso
wlilcli , under incjent laws , would tlvu him it peti
tion.
2. That ho toft nowlfoor minor rhIM.
. That the mother In nt priwi'nt dependent on her
own tn.'imml labor , or tlio contributionof others
not li'rilly hntirul for her mipport.
I. All peiuloni under IhN ntt conitnonco from tlio
ihito < it the receipt of the iippllontlon ( oxi'CutcU
after passnKOot the net ) In the pension bureau ,
DECt.AUATIO.V roil ritlMtttKit U.XDKlt HI.XTKEN
M Alia Of AUK.
To bo oxeculfid bcforo a court of record or nny of-
llcurauthorl/ed to mlinlnlatcr an o.itli und hnvln a
pfnl.
Stntoof I- ,
t'oiiiityof (
On this..ilny of A. I ) . , onn thonimnd clKht
litinilrcd nml ninety.personally nppuarcil bcforo
mo .oflho court , n court of record In und
for the enmity and slnto ufnrc ald , n cd. . . ,
ycnr-i , who , l 'lii | ! duly sworn nrcordliu to law ,
untkustho fnllonliiK Urchiratlon lu order to obtain
tlio pension provided by net of conxreii , approved
.InnoK , lb',0 : Tliit..la tliolecnl | iunr.1lnn of
IcKlttmato chllil..uf ! > o enll.ilud under the
nnnioof , nt on tho..d y of , 19. . , In
iitcrostntornnk , company nnd ii'slnifiit. If In the
military icrvlce , or Ti'miQl , If nnry. ]
nnd served nt least nlnotr days Inlho wnruf the ro-
hellion ; who vrai honorably discharged nnd
died Thnt ho left widow surviving him
jiierostiiteiinto ofdenlhor of nmrriuKa. ]
Thnttho mime * nnd dates of birth ofiill the survlvlns
children of the soldlor under sixteen yearn of HK nro
us follows : born IB. . Thnt
Iho falhorwas married under the nnino of to
there bolnjt no leiwl barrier In such ninrrhiBe.
Thnt the declarant hereby iippolntK of ,
Mntoof true and lawful iitturnoy to protccuto
till * claim. That postulllco address Is ,
couutyuf statoof
{ .Claimant's alRiiuturi ) . ]
Attest :
The net of .hino 'i , IS'JO , requires that In minor
chllilren-H cases :
1. Thut the soldier served nt lonst ninety days In
the war ut thu rebellion aud was honorably dU-
chnrRed.
1. 1'roof of soldier's donth fcnuso need not Imvo
boon duo to army servlcoj , his innrrlaKo to niothor ,
nnd proof other douthor dlve-lineiit of IIIIo.
I'UKIIY S. IIlfATIf.
Jtiflt n Minute.
The DoiiRlns county fanners' filllnnco will
hold n liiskot picnic nt Waterloo , Tuesday.
Senator Van Wyck will spculc.
County Clerk O'Malloy's houses w.is slightly
damaged by lightning Friday night.
Collector Alexander Is notifying ; the tcn.inti
ot the govcnimeut slto to pay rout or move
out.
out.TUo old postoflleo Is to be rcpalrad.
Mr. nnd Mrs. J. F.Hnlnsworth mourn the
loss of tholr youngest child. The funeral Is
announced for a p. in. , today , from the resi
dence on West Nicholas street , half u block
cast of Walnut Hill depot.
The mme of the Coos hotel has hcen
changed to "The Jennings. "
Tlio Grand Island local tr.iln ou the Uuloa
Pncillc has booa abandoned.
Freight rates between Chicago and Omaha
will bo advanced on August 1.
The passenger rates bJtwcon Chicago and
Missouri river points threaten to go to pieces.
"Whtpplo Sherman , who wxs recently no-
quitted nf the chni-KO of being implicated In
the murder of Allan and Dorothy Jones , has
boon arrojtcd at Walton , charged with horse
stealing.
The county commissioners wcro in session
yesterday afternoon Just long enough to nd-
journ until Tuesday morning.
Several coses of sea rlet fever nro reported
from Walnut Hill and Orchard Hill.
The Pioneer Dramatic club nnd the Omaha
central band will hold a piculo Tuesday ,
July 'ii. nt Weeping Water.
The real catnto and loan agents o the city
nro siKtdiiR an agreement to dose tholr plnciM
of business on Saturday at 2 p. in , during the
mouths of July and August.
Tlio 1'ark Concert.
The Musical Union orchestra will give another -
other gr.inu sacred concert at Iltniscom park
this afternoon. The orchestra has been in
active practice , and the future programmes
will bo rendered in a moro acceptable man
ner oven than these which have delighted
immense gatherings at the park for the past
four Sundays. The following selections will
bo rendered this af tcrao on , the concert he-
Binning nt 3M : o'clock.
Grand I'rocrsaloual Jlnroh The Silver
TrumpotH . Vlvlanl
( I'luycd for the great festival of the CouucUu
utSt. I'otors , ICninc. )
Overture Ttlvul ( lly request ) . Pottco
Ciiivot.to I'lrit Ijovo . , . Lau o
( Jornot Solo Zaire do N'ollo . Uoaslnl
Mra. H. Lot * .
Mcdloy of Old Jlolodlos-Yo Olden
Tlinc-s . llcycr
Qiinrtclto It IH Hod's DoslRn . Moiulolssolm
t Messrs. Lotr. Mto'.vskl , llniiult , Hiiuor\y < Hi ] .
Tattoo or Austrian Kotrotit . IC'elor HVIa
Uesorliitlou : 1. Aiiproauli of nlnht. 2. The
Eoronudo , n. Thu nmruh , 4. Thn prayer
before the bnttlo. 5. Klntilo.
Durltono Solo Down In the Deep Collar
Air. J. Sauorwnlu.
Overturn Vnet nnd L'oasunt . Snppo
Idyll The Mill In thol-kmtit . Kllotiburs
( a ) On the brook , ( u ) The mill.
Selection llohuinliui Olrl . Half
March-World's Kxnosltton . Sehlolfarth
Tlio Now jrotliotUst Ilospllnl.
A mass meeting of the friends of the no\\
Methodist hospital movement will bo held In
First M. E. church , Twentieth and Daven
port streets , on Tuesday night at 8 o'clock
llcv. A. J. Kynott , D.D. , LL.D. . secretary
of the Church Extension society of thoMctho
dlst Kplscopal church , and Uov. E. K. Youmr
U.D. , pastor of Grnco M. K. church ol
Philadelphia , will address the meeting.
it A it u r Kit.
BUADLKV-SPENCEIl At the residence o
the brido's brother , July 10. 1890 , by Dr
John IJarrows , Alonzo D. Hrndloy of Omaha
nnd Luci-otla M. Spencer of Hay brook
Conn.
JtlKU ,
CAIlNAnV Jennnlo. daughter of Jamejani
Annie Carnaby , died ut5a5 : p , m.
Funeral will take place from family real
dcnc , 803 Nortli KI httoith street , at 3 p.m.
Sunday , July 13 , ISO. ) .
Dr. Dirnoy euros buy fovor. Boo
THE PERFECTION OF REASON"
A Definition That is Scarcely Applicable
to Modern Law.
TECHNICAL CONSTRUCTION TENDENCY ,
Sonin rtcllcctlnna on ttio Ij.'iuns It Is
nrul n.s It Should lie A Kein-
i-ily ( .UKgcstcd for ISxIst-
liig JIvIIs.
Tothcconsclotlous law student who flrat
earned from Dlnckstono that law was the
'perfection ' of reason" then must certainly
corao before ho Inn long been engaged In the
actlvu praetlco of his profession , the QIIM-
.Ion : "Is law getting any nearer the pnrfcc-
.louof reason ! "
This Is au ago of Improvement and I hope It
will not bo thought sucrlllglous for u member
of tbo profession to inquire whether in the
fraud march of human progress toward an
deal civilization , the science of law Is keep-
ng abreast of the tunes I
To get at this question properly the pur
pose of this iirtlclo shall ho to show that the
imimer and result of handling the legal ques
tions of the day b more uncertain and nioro
unsatisfactory than any other question of the
ngo ; even the scicnco of medicine , nnd the
medical profession dealing with the uncertain
ties of llfO'iuid with the great problem of
dissolution which wo shall noverthouroughly
understand can tell us just ns surely the re
sult of a certain disease upon a certain sys
tem ns can 11 counsellor of law at the present
day advises his client what will bo tlie llnnl'
conclusion of a court of luw upon a matter on
which ho is seeking advice.
I do not purpose entering nn umonnhifr crit
icism on the profession and will admit that
there has been a vast improvement hi law
forms nnd pleadings in the clinngo from the
common law nnd old English forms to thosu
of modern dult. > , but I do ask those familiar
with legal proceedings if It is not a fact that
at least three-fourths of nil the time of courts ,
judges , Juries nud attorneys is consumed in
objections , motions , discussions and plead
ings , which have for their object not to inako
clear , plain and prcciso the fuels in issue ,
but whoso object , or at least whoso effect , is
to complicate , muddle and hide the real ques
tion nt issue. And so often do they succeed
in their object that I do not think it ex
aggeration to any that one-half of
the coses started are decided on tech
nical grounds mid the merits of the cases
never reached ; while the remaining half
which succeed in running the gauntlet of the
technical mill nroao ulsilKurcd by their con
tact witli lopil rules of pleading , demurrers
and replies that the plaintiff himself , much
less a Juryman , would not know that the Issue
reached was one on which ho gave the state
ment of facts and employed an attorney to
maintain his rights.
In cnso the Issue is reached after a longand
tedious effort on the part of counsel on both
sides to see If nny motion to dismiss , quash ,
strike out , amend or substitute would entrap
the fancy of the court , the trial begins and
tbo chances are that there will bo some evi
dence admitted or excluded , some Juror not
qualllied or not conducting himself properly
nt the trial , or some Instruction will bo given
orrofuscd by the court. All of these and n
thousand objections and motions will bo in
terspersed along the trial road , and on those
objections and excuses , no matter how slight
nnd trivial , are bung the exceptions on which
will he based the grounds for a now
trial. Thus , -when a decision is reached ,
the question is not settled if the defeated
party has the money to keep the legal mill
grinding , and the would-bo vindicator of his
rights , with a righteouscausobutan empty
picket , is compelled to compromise on ac
count of the law's delay nud never ending un
certainty.
What is the cause of this state of affairs ,
and how may it bo remedied ? Ono of the great
causes of this condition is the modern tend
ency of the courts to lay too much stress on
technical points raised by attorneys during
the progress of a trial to evade the true
merits of u cose , if they , assisted by nblo
counsel , can Unit some technical point on
which to biiso a decision.
So export have the Judges , courts and law
yers become hi this branch of work that it is
safe to say that no body of men taken from
the ablest attorneys , Judges and senators could
frame a law , or oven draw a will affect
ing largo financial interests , that would stand
the crucial tests and assaults that would bo
made affecting its legality and constitution
ality. The original package decision and the
decision declaring invalid the will of the Into
Samuel .T.Tildcn are coses hi point. In the
former the supreme court of the United
States has in times past decided similar
points with different results from tills last de
cision , and yet from a technical legal stand
point the decision is n correct ono. In Til-
den's will iiiso the point Is much hotter illus
trated. Tilden was considered ono of the
ablest lawyers nnd jurists of this country.
After a lifo spent in the study of the legality
of different instruments , In the acquisition
and distribution of property , in the posses
sion of nil the faculties of brain and mind
which are not questioned , he executed his lost
will and testament , and in accordance , It may
be perhaps , with lifo long plnns.directed what
should bo done with his property. The New
York courts have decided that his will is Il
legal.
Did space permit columns of these techni
cal constructions nnd hair splitting decisions
could uo mentioned.
The result of this technical construction
tendency has been to educate attorneys to
keep a sharp looicout for nil the minor details
of a case , for nil places where the spirit of the
law Is carried out if not the exact letter and ,
If not on the host side of a cose , keep the
main , issue hidden ns much as possible and
trust to luck , a technical judge or an obsti
nate Jury for a verdict.
The remedy for this will have to emanate
from the judges. Led Into these technical
decisions by respect for nblo members of the
bar who raised the questions lifo 1ms become
a burden to the Judges ou account ot the ob
jections and from them must como the rem
edy. Let the Judges decide trivial questions
Instanter. give attorneys to understand that
such trilling -with the time and patience of
the court is not to bo tolerated , Insist that
plain issues shall bo supported by plain evi
dence and the decision bo In accordance with
law and Justice. Then nnd not till then will
law ho "the perfection of reason. " Lux.
The Verdict Will Stand.
The case of Charles Randall vs the B , &
M. railroad was up in Judge IIopowcll's
court yesterday afternoon on a motion fora
new trial. Some threeycaw ago young San-
dall and his father were in a box car with a
load of household goods. The train was
wrecked near Lincoln , nnd In the wreck the
lad received a broken leg , besides being bad
ly scalded. Ho sued the company for $15,000
damages , and at a subsequent trial was
awarded $10,000. A motion was made for anew
now trial In which the opinion was rendered
yestcnlny that the verdict was in accordance
with the law and the evidence.
lUnrrlajjo Moousm.
Judge Shields Issued the following mar-
rlago licenses yesterday :
Name and address. Age.
( Frank H. Jones , Omaha . 31
| Carrie Kirkpatrlck , Omaha . yc
( Henry Grimm , Omaha . 21
( Mary Deeckloy , Omaha . it
( Joseph Hurt. Omaha . 21
I Mary McGulro , Omaha1 . jj
( Jonn Faulkner , Omaha. . . . . . . . . 17
( Clara Crowley , Omnliu . 10
Stephen Dcnniion. Omaha . 21
Agnes Casey , Omaha. . . 17
With Issuing Counterfeits.
E. F. Graham was nought In from Fre
mont last night nnd Is now occupying quar
ters in the county jail. Gruham is charged
with having used the United States malls
for the purpose of disposing of counterfeit
money. The oftlcor who brought Graham to
the city last night states that ho ( Cirahamj
sent circulars out , informing hUt correspon
dent ) that ho had n quantity of "green
goods" that would defy detection , and that
the whole lot would bo disposed of nt a tlguro
that would oimblo the buyer to double his
money Inside of ten days.
The Philosophical society meets every Sun
day evening nt 7(30 ( In room 203 Sbocly block
All nro Invited. Wednesday and Thursdnj
evenings the room Is open to the public
BOCIAL CJOSStl' .
The Week's Dolnci of the Oinulm
Hoeloty Polka.
D. W. Van Colt and family have returned
from the cast ,
Kov. W , O. 1'eawon and family have gone
.0 Newport , H. i.
Miss Mabal OrclurA has returned from a
visit to St. Louis.
Miss Alice Hltt and Miss Fannie Arnold
eft for .Boston Thursday.
Mrs. G , C. Whltlock , accompanied by her
family , went to Chicago Thursday morning.
Mrs. F. U. llrynnt and family have gone to
Cnnandnlgun , N. Y. , to spend the summer.
L , . M. Dennett and family loft for Klmira ,
S . Y , , where they will enjoy a summer vaca
tion.
tion.Miss
Miss Eva Splglo has gone to Red O.ik. Ta. ,
where she will remain several weeks visiting
friends.
Milton Honors' family and J. C. Patterson
loincd the Omaha contingent at Spirit Luke
Friday.
Dr. Conkllng and Henry Gibson loft for
Mackinaw Thursday evening to bo gone sev
eral weeks.
Mr. and Mrs. Charles N. Ulctz left Friday
for 1'ortland , Ore. , uud other coast points fern
n month's travel.
City Engineer Tlllson returned Monday
from a two weeks' ' pleasure trip to lioston
nnd other eastern points.
Allsscs Lillian and Olllo Saunders nnd Mlra
Hope of Mount Pleasant , la. , are visiting
relatives in the city.
Mr. and Mrs. 11. N. Wlthncll , accompanied
l > y their niece. Miss Mlanle Lemon , ' lelt for
California lost week.
Carrel M. Carter has gene to Colorado to
spend a month in enjoyment of the pleasures
of the centennial state.
Miss Genie Her left on Friday for Kansas
City , where she will spend a" few weeks as
the guest of Mrs. A. 13. Davenport.
Misses Anna nnd T.ydin McCaguo have re
turned to Omaha after having llnlshcd two
years of their course nt Wellsloy.
Miss Kmma L. Staccy of New York la vis
iting her aunt , Mrs. L. U. Hey brock , corner
Nineteenth uud Emmett street , KouuU ?
Place.
Mr. and Mrs. Hobort Hunter of Tun Itr.u
left Wednesday for n fortnight's trip to Den
ver nnd Salt Lake uud the summer resorts iu
Colorado.
Mrs. S. E. Pratt nnd daughter Fannie loft
Thursday evening for the eist ; , where they will
spend n few weeks at the homo of the former
and with old friends.
Colonel and Mrs. H. Brownson and tholr
daughter , Mrs. Paul Clcmiciinin. loft for the
C4ist lost Monday and will llrst visit Swnnton.
Vt. , until the ilivjt of August , wueu they will
go to Old Orchard beach.
Mrs. V. B , Johnson and children , accom
panied by Mrs. Uyron Heed nnd Miss Jean-
ctto Johnson left on Monday for Boston to
spend the summer on the coast In that vicin
ity. The party Avlll be gene until the iniddlo
of September.
Among the latest departures from the city
intending to summer at Manitou , Colo. , are :
Mrs. W. F. Allen nnd family , Mrs. C. W.
Clcavcland and Miss Nellie Cleavelaud , Mr.
and Mrs. Arthur Ucmingtou and Mr. and
Mrs. J. K. 1'rcston.
There was a merry gathering of young
folks Friday evening at the homo of llrs.
"Windhcim on Twenty-fourth and Izard. The
occasion was n social given in honor of Miss
Ida Lookner , who is hero from Burlington ,
lu. , visiting friends. . .Everybody had u splen
did time , and , despite thowarumess of the
night , dancing was indulged in up to a late
hour. Several musical numbers were ren
dered , which were highly appreciated.
Tlio 15u.slnc.ssi College.
The annual commencement of Kathbun's
business college will bo bold nt Boyd's opera
Jiouso Wednesday evening , July 10. Admis
sion free. The graduates nro : Miss Celia
Carlos. Florence Frost , Carrlo Klllingor ,
Mary Leonard , Lucille Leonard , MaggloDon-
ncly , Jane Fulton , Mainlo Learning , Tillio
Bcrntscn , Kato Harnos , Kato Dompsy , Jessie
McCoy , Bertie Green , Maud Green , Sarah
Smith , Hannah Goldstein , Nora Baker , Mrs.
Nellie Pickett , Mrs. M. Ilcrolzhoimor , Miss
Nannie Jones , Tim ICelloy , J. II. Shobor ,
George Ilcmplo , D. C , Deaver , J. Mansllcld ,
Charles Kennedy , U. W. Sullivan , C. K.
Price , J. it. Livingston , C. 0. Juhl , Peter
Noilson , G.T. . Huston , Samuel Grace , W. J.
Puckett , O. II. Cowlos. Uichnrd Cross. J. Q.
Conrad , Michael Cunningham , A. "W. Ilagan ,
B. L. Dlrohard , J. W. O'Day , Charles Dill-
worth , Charles Willcox , "William Carr , D. M.
Naughton , Wallace C. Taylor.
A. I'OUTUAIT OF
Artist aCuIvnncy's Gift to the Oinnlin
Press 'Club.
A very flno oil painting of the late 0. II.
Rothacker is on exhibition In A. Hospo's
show window at 1513 Douglas street. It was
painted by John Mulvnney , the well known
Chicago artist , expressly for the Omaha
Press club. It is an excellent likeness and
will shortly bo hung on the walls ot that or
ganization's rooms in Tun BKK building. On
this picture Mr. Mnlvanoy has. ns will bo
plainly evident to every ono who looks at it ,
not only devoted a great deal of work , but his
very best efforts. Being a warm personal
friend nnd great admirer of Mr.
Ilothackcr. ho doubtless felt n
deeper interest in the result of
his efforts than might otherwise bo the case ,
and Mr. Mulvnnoy can rest assured that the
club appreciates very highly bis splendid gift.
Its members desire also to thank Mr. Hospo
for his generous donation of a magnificent
gilt frame , und they will always remember
ids kindness. A moro natural picture of the
subject could not bo produced. As to its finish ,
the observer is nt once struck with the per
fect harmony and completeness of every de
tail. The hair , eyes , mouth , long gracefully
curved mustache , and the futures generally
show to the very best advantage ,
nnd are true totho mostmlnutoitem. Expert
Judges of oil paintings who have looked at
the picture say that Mr. Mulvmioy's brush
must lnivo been inspired during the hours ho
labored on It.
Mr. Mulvnncy was in the city a few days
last week.
After Dakota's Tin Product.
Secretary Noson of the board of trade left
last night for the Black Hills. At Hot Springs
ho will meet President Martin , nnd together
they will Journey through the southern Hills ,
Investigating the tin question. Before his
departure last night Mr. Nason said : "Wo
shall remain la the Hills five days and shall
visit all of the tin mines for the purpose of
seeing what wo can do In the way of making
arrangements to have the products of the
mines brought to Omaha for reduction. Wo
shall also look Into the other mineral Industries -
trios of the Hills nnd shall make a full report
of our trip to the board of trade as soon oa wo
return to Omaha.
"Wo have considered this matter for many
months and have uow arrived at the con
clusion that the mht&ral products of South
Dakota can bo handled in Omaha as well as
to have them sent abroad. "
The llrndshaw Itoiicllt Concert.
A concert gotten up by Edward Divomk
nnd A. Coynrra was given last night nt Gor-
mtinla hall for the jiimcllt of Bradshaw's
cyclone sufferers. An excellent programme ,
in which the Musical .Union orchestra , the
Plnttdeutscher verein , the Omaha Llodor-
krnnz , the Swiss singing society , the Zither
club , Omaha MamiorSIfor , Soutli Side quar
tette club and Turner quartette club took
part , was highly enjoyed by n largo audience.
A comfortable sum was realized , which will
at once bo forwarded < to the I3rad.sb.uw relief
committee.
Party In tlio Park.
Mr. and Mrs. I. J , Gushing of Eighteenth and
Dodge gave a plcnlo party yesterday In honor
of their guest , Miss Lullu Culhoun of Mar-
shalltown , la , The day was lovely and the
place ono of Omaha's most beautiful resorts ,
Syndicate park. After a stroll around the
lake and a row upon Its waters , .a bountiful
8upp"er was spread under the trew , which
wiw thoroughly enjoyed. Those present were
MUi Scpplo Stnndlsh , Miss Lullu Calhoun of
Marshalltown , la , Miss Ella Calhoun , Mr.
and Mrs. L J. Gushing and C. D. Thompson.
JUr. C. If. Dowcy'fi Condition *
W. J. Klowtend telegraphs TUB Dun from
Bottle Creole , Mich. , that the condition of Mr.
C. II. Dewey is unchanged , For two months
Mr , Dcwoy has been unable to retain onj
but liquid nourishment. As a consequence
ho ls very fuoblo and but llttlo hope is enter
tained of lib recovery ,
ONLY ONE RETURNED AUVE ,
leroism of Volunteer Telegraphers iu a
Yellow lever Epidemic ,
HE COULD \VORK THE THROTTLE , TOO ,
Hownllrnvo Knlglu or tlio Key Kan
an Knglno Through n Slint-Guu
( jnurniitlno During nit
( ICpldcitilo.
The lives of the telegraph operators
of n few years ngo were- full of thrilling
experiences , few ol which hnvo been
told in print excepting in their craft
publications , which the readers ol dully
newspapers never see , says a writer In
the Now York Tribune. At tlio tolo-
jrnph club tlio other night n number of
"old tlnia" operators entertained each
other for hours with talcs of thqlr curly
adventures. One of them , as told by
Lhooputntur himself , is ot peculiar In-
lerest. The narrator was ono of the
best known exports in the service of the
Western Union telegraph company in
1878 , when ho wns employed in the Phil
adelphia alike. Ho Is modest , and oven
nt this date will not consent to the pub
lication of his name in connection with
the story , which , ns ho related It , is as
[ ollows :
"Younil know how the yellow fever
raged in the south in the summer of
1878and how terribly fatal itwasnmong-
the operators. The malls to the north
were all quarantined , anil the only com
munication between the two sections of
the country was by wire. When the
operators began to die there wore grave
fears tliat communication would bo shut
olT altogether , leaving tlio south with
out moans of indicating- needs to the
cfcnorous north , Such an event would
have been like lowering a blnck curtain
between two sections , leaving the south to
struggle alone in duvkneas with the
plague. The scourge was at its height
in September , when the deaths In Mem
phis and Now Orleans ran up into the
hundreds daily. Every day an operator
would die , nnd every day the wires be
came more crowded witli urgent appeals
for aid. Early in September all north
ern operators wore informed that the
company would like a few volunteers to
gobouth. No appeal was made by the
comuany , but hints wore thrown out that
volunteers wore badly needed.
"In response to those hints seven men
formally offered their services. Two
were operators in Pittsburg , two in Cin
cinnati , two in Philadelphia and ono in
Boston. The PltUburg and Cincinnati
men wore first called upon and were
sent to Memphis. AU four fell victims
to the fever und died within a week
after reaching their destination. The
rest of the volunteers wore badly scared.
At least , I know that I was , and I was
glad that I was the lust on the list.
The other Philadelphia man was
ordered to Now Orleans , and went
on his way na far as St. Louis ,
where ho was arrested on a trumped up
cnurgo by his mother and was sent to
jail to keep him from carrying out his
dangerous mission. Tlio sixth man was
then ordered from Boston. Ho caino as
far as Now York , and at French's hotel
tlio night ho arrived ho mot some south
ern people who told him some blood
curdling tales of the horrors of the
plague. A pistol was accidentally dis
charged in his room that night , and the
flesh wounll made in his leg by the bullet -
lot rendered it impossible for him to
travel further. General Superintendent
John C. Ulnehmnn telegraphed to mo in
Philadelphia asking if I was ready to
proceed to Now Orleans. Nobody over
know how tempted I was to back out.
The cold sweat absolutely dropped fi'oni
my head as I considered my reply.
Finally I determined to go , lot the result
bo as it might , and replied to Mr. Hindi-
man that I would start the following
night. I took a train out into the coun
try that night nnd bid my parents
goodby. Tlio next morning , when my
father loft mo at the train , ho said ho
hoped but did not oxpcct to see mo again
oil earth.
BIDDING HISPAMIIjY FAUK\\'KrL. \
"Returning to Philadelphia I found
awaiting mo the passes made out in the
nnmo of the Boston man , which accord
ing to my instructions , would carry mo
us far as Milan , Tenn. , whore qthor
passes iu my own imnio would bo h'und-
ud to mo. A lot of my friends wont to
the station to see mo off , but it was an
extremely melancholy party , nnd the re
sult was that I did not start in the very
host of spirits. Nothing unusual oc
curred until I reached Howling Green ,
Ky. , which was then the northern limit
of the fever lino. But there was no ono
traveling toward the south. I wan alone
In the train south of Louisville , and
when it reached Bowling Green , I was
ordered oil' tlio train which was then put
under tlio car sheds abandoned. When
1 learned what hud been done I hunted
up the dispatcher , showed him my pass
es , and insisted that the train scheduled
to go south should proceed. It was not
until headquarters had been appealed to
that ho would send the train out , and
then only when ho got peremptory or
ders to do so. The train was soon made
ready and I got on board , the only pas
senger bound into the fever country.Vo
had besides an engine , a combination
baggage and smoking car and two ordin
ary day coaches. I wns as hungry as a
bear , but nothing could bo bought nt
Bowling Green , nnd , although I had had
nothing to cat slnco leaving Cincinnati
the day before , there was little prospect
that I would bo able to secure anything
for another day , because , as tlio train
men told mo , no hotels or restaurants on
the way south wore open.Vo \ started
south , therefore , with my mind in not a
very pleasant condition , and I began
earnestly to regret having started at all.
"Tho day wo loft Bowling Green was
atrociously hot , and I suffered Intensely.
At lirot I opened the windows , but u
brokoinim told mo how the fever germs
would rush in if the windows wore al
lowed to remain open , nnd on tlio impulse -
pulse of the moment I closed most of
them. Tills brakeman vinc > a delightful
companion. Knowing that I was going
south , with big chances of dying , liu
consoled the weary hours of the journey
by tolling mo how many cases of fever
had occurred nmong tlio refugees in
that very our in tlio last up trip. When
lie told mo that n sick woman
had died in tlio scat in which wo wore ,
I opened the windows once more , prefer
ring to take the chances of letting germs
out as nt least equal to those of letting
others In. Tlio trainmen all took a hunt ]
at telling mo horrible stories of tlio suf
fering from fever on the lastup-trip , and
when they saw that I would not bo dis
couraged , they confessed that they had
tried to frighten mo away from the ter
rible country into which I was plunging.
NOTHING HUT CllACKKKS TO MAT
"Tho first town wo reached whore
there was much sulYorlng wan Paris ,
Tonn. As the train pulled into the
station , tlio only people there to moot 11
wore half a dozen cadaverous nogrou. ]
wua almost famished and had to have
food of sonio kind at oace. The only
.hltigs that I could obtain which wcro ( It
; o cat wcro a few crackers.Vo passed
.hroiigh town after town without seeing
more than u dozen human beings In all ,
ami they were negroes. The whites
vere all ( load or had Hod to the North.
kVo ran into a shotgun qunrentlne at
Milan , nnd I had a heap of trouble to
: ot food and my now psussos. As yet
.hat town luul escaped the fever and a
quarantine Imd boon established against
> oth the north and south , as the fever
was then raging on both sidos.Vhon I
itopiK'd from the train nt Milan a fol-
ow leveled his gun nt mo and ordered
mo back into the car. 1 got back quickly ,
went to the roar of the train nnd got elton
on the opposite side. When the guards
were not looking 1 dashed into the telegraph -
graph olllco at the depot , presented my
reilentlnls nnd received my passes.
i'hero wns a countrystoro on a llttlo hill
ibout a furlong from the depot , whore I
: bought crackers and eliceso might be
IH'oi'ured. No ono was guarding the
road to the store and I made a run for
> t. I had almost reached the store wheaL
L heard a shout , and turning , saw that
-ho guards were coming for me. 1
grabbed a paper bag , jammed some
crackers into it , seized a plug of tobacco
uul threw < knvn a silver dollar in pay
ment. As the two gunners wore tolling
up the hill In front of the store 1 went
out of the back door and stood there
until I heard thorn enter. Then I made
v dash for the hill and ran down it. 1 was
back on the train again before my pur
suers realized it.'o waited until thq
St. Louis train came along , over another
i-oad and then took the I'ullmnn car upon
the rear of our train. This car had ono
passenger , Jed Thomas. Jed was a good
fellow , acclimated to the south , and I
owed much nftorward loliis ndvico.
STOt'lMU ) 11V UOl'KS ANO OUXS.
"At Medina , Tonn. , the conductor told
us that there was a shotgun and rope
quarantine nt Jackson , nlno miles below
and that the train would not bo allowed
Logo through. Wo wore now in deep
trouble. If wo went south wo would
surely bo quarantined in the woods
above Jackson , nnd if wo stayed on the
train at Medina wo could get nothing to
eat. Jed and I walked over to u cotton-
gin , and found that wo could got a bed
uid have supper and breakfast. Going
back to the train wo in-ranged with the
conductor that ho was to run down to
Jackson , sco how the situation was and
return for us early In the morning. Hut
lie failed to do so. At 0 a. in. , however ,
three negroes came down the truck on a
Imnd car. Wo bargained with them
to lake us down to Jnckson. Wo found
the Irnln side-tracked about a milo and
a half above I ho town , in the woods. The
conductor had a fearful story for us.
LJoth the engineer and the llrunmn had
Deon attacked by tlio fever the night before
fore and hud been laid on beds made of
.ho cushions of the eonls in the smoking
car , The authorities at Jackson would
lot allow the tniin to proceed and ropes
: ind boon stretched across the track.
The mayor and a committee , the conduc
tor lold\is , had visited the train the
light before , agreeing to Bond food and
medicine to it but positively refusing to
illow it to pass oil her way. No food or
medicine hud come , there was much
need of ice and fresh water , and the
iiiiinmon wore in ustnto of panic. Men
armed with shotguns , the conductor said ,
wore at the Jackson depot to prevent tiny
ono from cutting l.ho liig ropes which
liung from posts on either side of the
track. The sick men became delirious
and our situation was really terrible.
"All tlio morning I was busy meditat
ing on a scheme for our relief , and llnal-
iy I spoke of it in coniidence to Jed , wheat
at first pronounced it impracticable. It
was , in short , that I was to act as engi
neer and run the train through Jackson'
at such a speed as to destroy the obstruc
tions , when , of coin-so , we need not fear
the shotguns. Jed shook his
head nnd said it was too dangerous ; wo
might all ho smashed up , and , besides ,
liow could I run the engine ? I told Jed
that my uuclo was the master mcclmnio
of a big railroad , that ho had had mo in
his shops almost from childhood , that I
had lircd an engine for six months , being
compelled to give it up because I was
not strong enough for the work , and ot
my oxpuriunco with nil sorts of engines
since then. Then ho thought the suhomo
was moro feasible. Wo took the con
ductor into the plan , and ho consented
to it on condition that I prove my ability
to handle tlio engine by running the
train back to Medina for moro wood and
water. 1'irst , I said , I would walk down
as near Jackson as possible to observe
the number and character ef the ob
structions. Jed wont with mo , and wo
got close enough to see that the two
hawsers over the track hung about
twelve inches above the rails. This
pleased mo , for I saw that the rones
would not got under the wheels , but
would slip up over the pilot of tlio en
gine and against the front end of tlio
boiler , which naturally would gradually
stretch the ropes and snap them or else
break the posts to which they wore fast-
one J , Besides the ropes there was n big
tar barrel between tbo rails ready to beset
sot on lire at nightfall.
CRASHING TI1UOUQII TIIK HAIUUKUS.
"It was 5 o'clock that night when I
had stoaia up ready to move. Jed was
helping 1110 nro , and ho worke.d at It like
nn old hand. Somehow I felt forfcctly
safe on tlio ciurino. and when I ran tlio
train out upon the main track I was as
confident as if I wore working n tele
graph key. Wo backed up to Medina ,
lillod up with wood and water , and by
cutting in on tlio telegraph wire at the
abandoned depot I learned that there
no trains to fear to the southward.Vo
waited till dark , and then started south.
The sick men had cushions all around
them to break any shook at the obstruc
tions at JnclcHon. I ran slowly for a milo
and then began slowly to increase the
speed of tlio train. Wo had no head
light burning , and my Idea was to go
through Jackson so fust that nothing
could stop us. Five miles from Jackwm.
the woods are extremely thick , but the
track is as utraight as n plumb lino.
\Vhon wo entered the level btrotuh I put
on all the steam possible , gradually
easing the valve to reduce jolting.
The woods on either side now
How past llko black screens , while
myriads of sparks sprang from under
the driving wheels. Throe miles awny
wo could sue the tar barrel burning be
tween the rails. L looked at .fed. lie
was us white as a ghost , his jaws were
sot and his eyes were on the tlnines in
the distance.
" 'Keep the wood going in lively now , '
I cried , and tried to open the throttle
wider. The miles wont by in minutes ,
and WG were almost upon the obstruc
tions before I realized it.
" 'Look out , JodI' I en-led , bracing my
feet against the boiler. I wns conscious
of seeing Hying forms in the darkness
aheadof it sudden jar , of ushcotof Hnine
and untold millions of Hparkfl cnvolnp-
ing us , a pause , mid then the train shot
on into the darkness beyond the station
as if llrcd from a cannon. Wo must have
covered miles of rail before I thought to
shut off the steam. AH BOOH as I had
done so I looked around for Jed , whom L
found with liiii arms on the flroman'H
neat and hi * head on his arms. lie had
bauii thrown against an iron bolt , which
had cut his forohciid severely. lie was
unconbclous , but a cup of cold water from
the tender , when thrown in hln face ,
revived him. Ho was not seriously hurt
and was HOOII in jolly spirits. Stopping
the train , I went back and found that all
hands were uninjured. Then after light
ing tlio headlight wo wont on moro leis
urely to the end of tlio section. The of
ficials wcro iwtotitslied to see n youth
with n high hat run the train In , bill
they made a great deal of it nfli'i-ward.
With the exception that the Blnckvii3
sprung forward n ttino the englnovo3
unhurt.
ailK.VT MOUTAt.tTV AMONO OPKUATOH3.
"That was the uiostflxclting oplsodoot
the loiu'iicy south , but thcro wcro others
thrllllivg enough to nullsfy any one.
When the train reached Holly Sprlnus ,
Mis * . , where the fever hud boon M > torrl
bio that no ono voomvil to bo nllvolu tha
town , the moon wns shining bountifully
clear. No other light was visiblein tha
place. On ono end of Iho plat form ol
iho depot was a huge pile of roiuly-mndo
i-olllns , the tmndows of which fell upon n
row of Howard association rcliof boxoa.
As the train relied quietly In shrill
screams were heard uttin-cd by some cno
behind the dopot. 'J'lion a woman , ovl-
denlly young ; but who.-o Mlvor hair vrna
tossed by the wind , ran up to the trniit
shrieking wildly. An old man with
v lantern told us that the wor.ian luul
been crazed by the loss of ln > r father ,
mother , brother ! ) , wlsterii and husband ,
ill within a. week. H was at thlsplneo
that a young operator died at her In-
itrument just sifter sending an appeal
'or relief.
"Just seven dnys anil nights nflcrleav-
Ing Philadelphia I reached .Now Orleans.
It was late at night when I got thoro.
N'o hotels were open and no slivot lamps
wore lighted. Jed took mo with him to
i lodging house house ho knew. The
landlady and Jed lalkod alone awhile ,
uul the lady then cnmo to mo , snyln <
thcro was no fever In her house , and
might sloop there safely. 1 wns ills-
[ urbod during the night by the sound of
heavy feet overhead and In the halls , but
on the whole slept fairly well , iu the
morning , being in good spirits , Jed tohl
mo that four dead mon were tnkon out
during the night. 1 was told that there
was no fever in the house so that I might
get a good night's rest. It was till right
my way , ho said , as every liouso lu tlio
city had had fever in it , and HO I found
when 1 tried to got n boarding house. I
remained in Now Orleans through the
epidemic and escaped the fovor. Out of
.wenty-ono mon in Iho tologrnph olllco
lineteen had tlio fuvoraml thlrtoin died.
t was the only ono of the volunteers who
went south and came back alive. "
Army Oi-ilcr.s.
A general court-martial Is appointed to
meet nt Cmnii Pilot lluttoVyo. . , ut 10
o'clock n. in. on Monday , July 21 , IS'.K ) , or na
soon thereafter ns practicable , for tlio trial ot
such persons ns inny bo properly brouKht'be-
foil ) It. The following will comprise the do-
Lull of the emirt : Major John 11. 1'arko , Bis-
Lconth Infantry ; Second Lloutoniuit JnniM T.
Kcrr , Seventeenth infantry ; Second Lieut-n-
uit Uhurlea H. Uoehnin , Seventh Infantry ;
Second Lieutenant \Villlatii V. Stamper ,
rwcnty-llrst Infantry ; Second nontenant
3hurlcM T. Menohor , I'ii-rit nrtllleri' ; Second
Llcutoimnl Annum ! I , Lnssoifjnc , Seventh In-
fanti-y ; Second Lieutenant VreJuridc S. Wild ,
Seventeenth infimtry ; First Lieutenant John
Li. Harbour , Seventh Infantry , judge advocate.
A greaternuinbcrof oQlecrs than these named
cannot bo assembled without manifest injury
io the service. On tint adjournment of the
: ourt sino die Major 1'arlcn , Lieutenants
ICcrrStamper , Mcnolicraud Wild will return
Lo tholr proper stations.
Leave of absence for twelve dnys Is granted
Captain Oeorpo K , lliishuell , assistant
surgeon , Cumi > 1'llot Dutto , Wyo.
A. Vimtlil'iil Thief.
Ilertlo Meadows , the tcn-ye.ir-olcl boy of
Geortco Meadows , ia In jail. Uertlo was n
cosh boy at S. P. Morse's store , and having
an Itching desire to become the owner of it
gold watch , ho lifted n $10 rciiciiter from emi
jftho showcases , ills next move was to i/u
LO Tenth street , where ho offered to sell hit
Limcniccc for $10.VhilohcwiM iloliiK this
10 was seen by a policeman unit taken to
nil.
Stationary Kn
At n meeting of Iho Omaha brunch of the
National Association of Stationary ISnglncora
an Friday night , .loo Bailey was elected dele-
( rate and J. W. Mathews alternate to the na
tional convention of the order to ho held in
New York city on September 2.
N. J. Sht'clcel of Telcninah Is nt the
11. G. Hoover of St. Paul is at the Paxton.
U. C. Brown of Philadelphia is nt the Pax
Lou.
Lou.II.
II. I ) . Ilcninger of "Waterloo Is nt tha
Casey.
J. L. Ferris of Dubuque Is nt the Mer
chants.
C. "W. Hamilton of Toledo. O. , la at the
Mlllnrd.
Judtfo DcCaslro of Chicago Is the guoat of
Dr. Blrney.
John Uonnldson of St. Louis is stopping n
tlio Paxton.
Sam Jesslen of Now York la registered at
the Paxton.
.T. II , .Tncobson o Now York la a guest at
the Billiard.
S. I1. Smith of Philadelphia Is fctoppliifj at
the Mlllunl.
S. H. Graham of St. Joe is nt the Paxton
this morning.
II. W. j\danis of Chicago was at the Paxton -
ton hut ni 'lit.
II. S. Manning of Chicago w.is at the
Casey last night.
M. It. Thorpe ot Nebraska City was at tlio
Casey last night.
S. S. Green nnd A. S. Harrows of Schuylor
nro at the Casey.
George Lehman of Columbus is In the city
at tlio Merchants.
Will K.Gaylard of the Fremont Signal was
In Omaha yesterday.
M. MeShorry and II. JI. Sullivan of Uroltcn
Uow are at the Millard.
H. G. Dividsnn nud J. II. Peterson of Clil-
cairo are lit the Merchants ,
F. S. Drake , P. S. Hanson and O. U. Motz
of Chicago are registered at the Millurd.
Dr , J. A. Webb , M. 1C. Wyllo nnd If.
Mulsh of Hnltirnoro are at the Merchants.
J. K. Baldwin , Thomas Slmw nnd George
A. F.ield of Grand Island arc at the Casoy.
At the IChns , Kxcohlor Spring , Mo. , lira
Miss Millie Carroll and Alisa Mnggle .Mu-
Curthy ot Omaha.
Miss Ll//.lo Necdhnm will leave next Tues
day for Chicago anil her old homo lu Mich
igan , where she will spend ttio summer.
Tlioinni Ileafy , who has been In the city
several days , last night mturncd to Kunsut
City , where ho la employed us nn express
me hsongcr.
Mr. and Mm. J.W. Herrcsford , who have
boon In the city tovonil weeks visiting thulr
childrenMr. uud Mra. C. W , Lyons , departed
last night for their homo in Chicago.
Mrs. M. T. I-'oloy nnd niece , Mrs..I. Mur
phy of SpriiiKtlelil. Ill , , hnvu returned homo
after a pleasant visit with Mr. nnd Mr ) .
Thomas ( Sontloinmi of liiM Sherman nvoiiuo.
Captain T. H. luissdl , onuof the original
1871 pionnnrsof tha IJliu-lc Hills , has been In
the city for the last fortnight trying to cdu-
cato our people In regard to the vast re
sources of his country and demonstrating to
them why this city should receive the entire
trudoof the Illoclc Hills. That ho 1ms suo-
cociled Ushown by the vast amount of con
tracts from our best houses for advertising
space in the sploy Journal he rcprcsmta , the
Deadwood D.dly 1'loiu-er , amounting to over
frl/jOO. Captain Uussnll hua been an on-
thmlnsl for the laitllfloen years In his cor
respondence and Interviews with TIIK Hun
nud other loading journals of the cast ,
prophesying that the Hills would ultimately
ho the greatest mining country on tlio conti
nent. Ho has boon on the frontier for the
last thirty-one years , engaged in mining ,
Btnglng , railroading and journalism , nnd luu
been a reader and un ocwdonul contributor
to I'm : HKU for yoan. Ho loivvos for hi *
homo In Deadwood this morning.
JIKKVITIKS ,
FirstUnlvoMiillst church services 10:15 : n.
in. ut Goodrich hall , North Twenty-fourth
strijot , Uov. Ueorgo II. Vibbert of Boston
will preach. Sunday school at 1in. .
The July number of the Medical anil Surgi
cal Record H out in a new dress und , > rivicnti
u line typographical nppoarnnco. It H an
Omaha journal of fourteen pages nud
champions the uow school of Uomojopatlu.