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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 15, 1891)
THE OMAHA DAILY BEE : THURSDAY , JANUARY 15 , 1891. M THE PROPERTY OWNERS WIN. An Injunction Granted Against the Oollec- tlon of the Viaduct Tax. JUDGE DOANE'S ' REVIEW OF THE CASE. Xlio Union Depot Company IB Out the . ' ' < \mciiitit Deposited for tlio Han * cllt of I > < uiingcl Prop , crty Owners. Judge Doano rendered hli dcchlon In the iiutltlon of Augustus Kountzo ctnl.for an Injunction restraining the city from collect ing n special ta < c to pay the damages awordcd to property owners affected by the construc tion of tlio Tenth street viaduct. The decision was a sol.ico to those interested In the union cli'pot nmt viaduct contest. Instibatanco the Judge snlcu "A number of reasons hnvo been presented. Among tuoin that the viaduct WM a public Improve ment , not a local one. Tlio more ini't that the viaduct is n general benefit does not prevent tlio fact of n local bcnollt to the owners ol the property abutting , I om to consular vvhi'tlicr tills will ncaso In which the tlty In gooJ fulth , nnd for the purpose of imptoviiik' Tenth street , and for the purpose of requiring simply the railroad company to construct n via duct over Its traclti , it originated nnd directed that tlili viaduct should be built hy tticso rnilroaJ companies for that purpose , or whether it wns done simply as nn adjunct or nn approach to a depot which was being built by curtain railroad companies for lliulr own purposes and for tlicir own convenience. If Unit is the case , If this was merely ns a pretext for the purpose of enabling tno rail road company to get nn Cosier and better approach preach to their depot , then the city has no right to tux Us citizens with any damages that accrue by reason of the construction of that structure. It is only whcro it Is erected for the purpose of viaduct purposes , for , as it is stated In the la\v. for the safely und the protection of its citizens. when it is built for that purpose , then they may assess thodain- ngcsupoii pioperty which 13 ucticfitcu. If it Is built lor another purpose , If thai Is n mere pretext , and ills actually ouiit and con structed for another purpose , for the purpose of aiding n railroad cumti.my in protecting its business inoio ttioiouchly and more con veniently for itself , and lor tno benefit nnn advantage ot railroad companies , then It can notassesj the damages which may nccuro upon property which it claims is beneliteu. "In the llrst place , there -was submitted to the cltixciiH of Omaha the question whether or not they would vote $15,000 in bonds to nld the Union depot rompany in building a depot , with such side-traclts , switches , approaches , Htructuroi nnd olho things tliat are necessary for the proper nnd convon lent USD of a depot. That It , In terms1 , not exactly the words , but in general terms , the submission that was made to the citizens. It was provided In that , ono of the conditions and provisions of that submission , thatiftlie.su bonds should bo voted thorn they should not bo issued until the Union depot company should furnish bonds that they would construct a depot of a certain kind nnd have it ready for use by January 1 , ISM ) and that they would construct a via duct that is part of the submission which should bo furnished and ready for use by January 1 , 181)1. ) "Now , these are the conditions tliat were submitted to the citlzons of this city to vote upon the issuing of these bonds , and they voted very largely In favor of it. "Tlio next thing that was to bo done was that the Union depot company outer into co"JLlin i ) ' ' j.f { luo construction of this depot , o Union depot company did that : they inmlo the contract. Not ttio railroad com pany. The law only permits and authorizes the city to require the railroad companies to construct a viaduct over their tracks. They have no authority whatever to require any body else to do it. 'Ihoy cannot require the Union depot company to build n , viaduct and theioby inaiio the citizens liable for any thing , for damages or anything else , in ccn < noctlon with the erection. 'Tlioy can require only railroad companies to do that. "In this case tno very condition was that the Union depot company should build it. The Union depot company did build it. The Xlnlou depot company undo the contract for thepurnoso of building it , and have built the Viaduct , and arc now in the process of buildIng - Ing , as they say , a union depot in conncctioi with It. The testimony shows perfectly con clusively that these two things werocuriiei ! along together ; thov originated together , and they have been carried along together. The ono has been dependent nn the other : the one has boon Just as necessary as the other ; the one would bo utterly useless without th other "It is true that the voting of these bonds was ostensibly for aiding tbo Union depot company to erect a depot and the Union depot company was required to erect this viaduct , and the Union depot company did erect it. "When the damages were assessed by th city , as a matter of course , that docs not do prlvo the citizens of their damages. If the city gives the right and authority to any cor poration to occupy the streets or any puhlii grounds , for the purpose of putting a btruc turo upon it , the citizens hnvo their remedy , and huvo their remedy against the city fo their damages , if they Imvo not per mitted tliat kind of thing to b done ; either against the city o. ngalnst the party whociects the structure Au action would lie against either ono , Hul in this case , the Union depot com uany , recog nlzlng the fact that It had entered into this contract nnd this agreement that it would build that depot nnd that viaduct : rocogniz Ing the fact that damages hail accrued to cer tain poisons by reason of that ; recognizing the fact that somebody would have to pay thesa damages , it deposits that money , pay it over to the city treasurer , for tbo puipos of paying these parties in whoso favor dnm ngcs IMVO been assessed. The Union depot company pays it over ; It appears thai It was the money of the Union Pacific rail roa.1 company , ns an aflldimt on Dlo shows but It was given to the Union depot company and the treasurer , the only city ofllcinl tha bnd the right to nctept It. tboonlyclty ofllela \vbo had the right to Ube it , certifies and rep icsents to the city council , mid it is made matter of record by the city council , that h liud received from the Union depot compair KJ7,75o as the amount of damages which has boon assessed ugalnst thcso parties. That is ull thera Is of It. "It appears as far ns the testimony goes hero that inonoy Is in the treasury , that it lias been deposited there by the Union depot oompany for the purpose of paying these damages in obodleuco to the contract which they had entered Into , hi compliance with what they had undoi taken to do , nnd in recognition of the fact that they \\oro bound to pay it , they huvo paid the money into the city treasury. "Tho question Is whether the citv can assess that back , as stated in the petition , re paying the Union depot company or the Union Pacific railroad company , or anybody else , the amount which they had voluntarily iiald Into the treasury for tno purpose of payIng - Ing these itaniages , I do not think there Is nty such power in the citv. I think the Union depot company has done done what it wns bound to do , I think It has done what it was obligated to do ; it has paid this money into the treasury , it Is there , it was thflro for that purposo. I do not think there is any authoiity In the city for levying a tax for the purpose of paying tlio Union depot company , of icpnying that which the Union depot company wus bound to pay ; nnd I think the plaintltls in this case are entitled to an Injunction of the court against the en forcement of that tax. " \Vhot may bo the rights of the parties hereafter , when it shall coma to the question as to whether or not this covers nil their dam ages , 1 do not pretend to say , I merely say for the purposes of this case , It appeared hero that that money has been paid into the city treasury It has been paid by the party who was bound to pay it , mid did pay It , nnd in law and morals ought to pay It ; it was there for the purpose of paying these damages , nnd the city ranuot assess it again as against property owners or nnyono clso , for the purpose of repaying to the party that was bound to pay it the amount that wns paid iu the treasury for that purpose. " SO.MIS QUKSTIONS. lion. I'roil AV. Gray Jllsctissos the Union Depot Sqimhlilo. \ OMAIU , Jan , 1-4 , To tbo Editor of TUB J3 c : I am Informed this morning that tlio architects ( or the union depot Imvo boon called hero from Kansas City to consult with the officers of the depot company ns to what uhnngas can bo nmdo on tbo existing plans for tlmt structure so as to rcduco the cost of tlio building SIM.OOO. This i * done under the apprehension that the proscnt light on the delivery of the bonds may bo kept up nnd tbo city prevented from carrying out Its part of the contract which it undertook with suchunnnlmlty when It voted tliow honds on ThwiksglvlnBdnv , IS li. Ills the veriest tot to allege any failure on the pnrt of the depot company In carry Ing out Its side of tbo obligation up to the pres ent tlino. Tlio vliutuct Is nil that the most exact ing citizen could ask for and was done oti the day agreed , The plans und contract for the depot build ing call for n structure larger , llnur and inoro expensive than wns stipulated and it has boon pushed so far with an oncrgy that Indicated that the company wanted to fullll its contract as to tlino of completion also. I know from my acquaintance with the plans and spctillcntlons lor the Dutldlng that it would bo un easy matter to save the $151)- )00 withheld by tbo city ami ( 'lvo us another rookery for an indefinite time , but 1 do not bcllovo our citizens want it. I would lilto to have our business men nnd property holders iwk themselves Just what ' .heir interest is in the present contro versy between the union Pacillc , .ho Milwaukee and Hock Island rail- .vnvs. . What difference does it make to Omaha whether the Milwaukee curs nro hauled to Soutn Omaha by Its own or by Union PiicIlioutiBlncsf Are \vo not being used to pull the chest nuts of tht'soYoadsl If the outcome of this fight was In favor of hu Union Paclllo and wo got another bridge In consermcnco where would bo the injury to Omabiil If our contract with the depot company does not reiiufro eastern roads to use the union depot and Union i'acltlc bridge for their passenger ti.ilns till January , IS'J-J ' , what right hnvo wo to prcjudso the case nnd assume that they will not bo allowed to run over when it Is ready when the only theory on which any company could alTord tocrcctsuch a building and provide sueh facilities would bo that tlio other roads would agree to use It and shuro thu expense 1 Would the Union depot company furnish a bond in the sum of SJUO.OOO guaranteeing tnls part of tbo agreement if they did not intend to carry it outl For myself , and 1 bollovo when this matter s fully uudoritood by our citizens they will conclude that the depot company is carrying out its obligations both in the spirit nnd to tbo letter and they will not countenance the dishonorable attack 'or which Mr. Sbulit Is the blind , nor np- irovo Mr. Howe's dcslro for nn advertise ment at the expense of the good faith , of the city of Omaha. Yours truly , FltKDV. . GlUT. Court Nutos. Yesterday was the last day of the Septem ber term of tbo district court nnd.tho largo court room was 11 lied with attorneys. All the Judpcscto piesent. The criminal uocltot was first taken up and Judge Clarkson sentenced prisoners as fol lows : John Johnson , burglary , ono year , William Newton , burglary , one year. William Newman , burglary ; pleaded not guilty. Ed. AVoodmansco , charged with burglary ; dischamcd. The motion for n new trial In the Reynolds murder case was overruled and the prisoner was sentenced to ton years in the ponitnn- tinry. Reynolds' attorney will take the case to the supreme court. COUNTY COMMISSION EJUS. Annual Keport of tlio Soldiers' Relief Commission. Miss Maggie Brosnan and Miss Haiti Wltrann , two young ladles who have for a long ilmo been employed in the oHlco of th county roglsterof iieeds , yesterday presented to Klchord O'Keeffo a lovely vase of natural llovo3 In honor of bis election as chairma n of the board of county commissioners. When Mr. O'Keeffo called the mooting to order all the members were present except Corrcgnn , who was sick. The lobby was filled with spectators. The annual report of the soldiers' rolle. commission , consisting of AV , J. Mount , Dr , R. M. Stone nnd J. Hungnte , showed that since August last ? ; ilG..S5 had been dlstrlb utod among thirty-three families. The youngest applicant for relief was forty-ono years of uge nnd the oldest was eighty-two , thonveratro being sixty years. Ono hundred and twelve families have been relieved , six teen of them belli R widows. But soventy-st : of the 112 families receive a pension , "Th total amount expended was us lollows : Cab biro * 2 OC Stationery 10 IE Iwiimbur " 3 OC Kent 31 OC Hurlal purposes IU OC Kiirnitllio C4 ll Knlliond transportation 70 4 OlotblnK 87 OC Medlclnunnd medical service 1H ( i , " Dry cooils OT : i Ho.ird 100 Sboes 143 Meat SU 3T Coal 478 T Groceries LOGO 8 Total $3,4SJ C ! County Attorney' Mahouey gave nolle that his present deputies would bo retained during the ensuing year , Mike liocho , ns commissioner for th Soldiers' Heliof association , tiled his bom and It was accepted. After the clerk hnd read the standlni committees Mr. liorlln nsked to have hi name stricken from the committee on bridco ; and construction , but upon motion of Air. Tlmmo the committees ns named by th chair was ratified. . . Mr. Berlin moved that the chair nppoin a eommlttco on miles for the ensuing year , nnd ho was immediately made chairman of such committee , to bo assisted by Messrs , Timmo and Van Camp. The next meotin will behold on Saturday. "Married In 1'olico Court. Tbo first wedding la police court sine Judge Ilelsloy became the dispenser of Justice tico in that cour t took place at 5 o'clock yes tcnlny afternoon. The counlo who stood before Judge Helsloj nnd promised to become life partners' won George Harris nnd Miss Maggie Me Comb both formerly of Council Blurts. Several months ago Harris and Miss Me- Comb assumed the relations of husband nik wife without having entered into the neces sary legal contract that Is usually made by panics who wish to enjoy conjugal happl ness. Mrs. Knto MeCotnb , mother of the bride of jestorday , objected to the ir regular proceedings indulged In b , her daughter and Harris , nni she had a warrant issued fo their arrest. The young people left Counci Bluffs before the hand of the law got bold o them and have been living ns Husband an wife in a room on Howard street , betwcc ; Fourteenth and Fifteenth. They were ar "rested there yesterday as fugitives from Jus tlco upon a warrant talicn out nt the reques of the girl's mother. They had been In Jnf but n short time when the old lady nrrlvci from Council Bluffs and held n consultation with Harris nnd ngieod tliat If ho woul marry ttio girl the piosccution would on right there. This suited Harris , and at i o'clock Judpo Ilelscley performed the core inony mid shortly after all tbo interested par ties left for Council Bluffs. A ft or Sir. KlorMtmul'ft 1'osltlon. Tbo resignation ofV. \ . I. Kiorstoad as a member of tbo board of public works has created a hope in the hearts of a raft of applicanta who nro willing nnd anxious to succeed him and servo the city in an oftlcinl capacity. Major D. \Vhoolor , " once a member of the council , and Into aspirant for the presidency of the board of trade , Is a full-Hedged candiilato. Ha argues that Mr. Kierstcud , being a rupublt. can , should bo succeeded by a repub lican. Ills sen-ices too , in bcbnlf of the city administration during the past year also furnish an excuse for pushing his claim. Ed. O'Connor ' , another ox-councilman , Is also after the place. Ills principal claim is that ho needs It. Councilman Madscn U also an aspirant. Ho wants tbo salary. He says hocan.'t afford to servo the city on a councilman's pay and that If his services nro really indlspcnsnolo to tbo municipality ho must hare nome position that offers greater finan cial Inducements thnn the one ho now holds. Chris Hartman of the lire and police com mission anil president of the real estate ex change , tHouart Williams of the grocery llrui of UttloVllllnras , nnd Charley Whitney - noy , the coal man , are among others who are after tba pi aco. THK CO UN CIU A. Mnjority .Scoured After nn All NlKltt'N SrHftlon. The council meeting called for Tuesday night , but which could not bo held owing to the absence of n quorum , wa& finally called to order yesterday morning by President Lovvrey. At 8 o'clock yesterday morning the council chamber presented the appearance of a Jury room nfter a three days' session. Part of the inctnbcr were asleep on the floor , wtilla others were sleepily standing utiard. At Qi20 o'clock Clurk" Groves put In nn art- pcarauco , having bmi homo for u few hours rest , Bcchol came In nt 0 : ! 50 o'clock nnd had n wordy contest with President Lowry. The president accused liechcl of having been In a deal to prevent a meeting of the council. Ucchcl denied the charge and alleged that the meeting wns Illegal. Then Mr. Olscii came In nnd another paw wow was held , City Attorney Popploton arrived nt 10 o'clock nnd after a consultation and examina tion of the rules of the council nnd the pro visions of the charter , gave hU opinion thnt n minority of tlio council hnd a right to com pel tlto ntloiidnnco of absent members nnd that the session having been called lust night , was n continuous one nnd was legal. Mr. Olson made nn attempt to leave the council chamber ; wns called back and ten members being present , President Lowry In structed the clerk to proceed with the roll call. call.Mr. Mr. Bochol's name wns called first. Ho re fused to answer to bis nnmo nnd finally ex plained that tie did not consider tbo meeting u legal ono and would not answer when bis name was culled. Mr. Lowry Instructed the clcn : to declare the gentleman present. Mr. Olscn also refused to vote , but was declared present. The names of the members called last night were not repeated. Mr. Cooper then cnmo In and the council proceeded with the regular business of the session. The resignation of W. I. Kiorstcad ns members of the board of public works , nnd f J. J. Jobst as superintendent of the city io.ll , wcro received and accepted. A number of contracts nnd bonds were ircscntcd nnd laid over for ono week. Major Dennis , superintendent of plumbing , iskud tbo appointment of a committee to in- estlKato tbo affairs of his ofllco. In view of ertaln newspaper charges The request , vas granted nnd the chair appointed Tuttle , Morcarty nnd Donnelly as the investigating committee. The mayor vetoed the contracts of New man , Hanscu & Co. for the construction of bo llro engine bouses , on account of nn error. The matter was referred to tbo eommlttco on lubllc property aud buildings. The mayor also vetoed the resolution of the council instructing the building Inspector to cancel all permits Issued for new frame build ings In tlio now Ilio limits. The mayor held that the resolution was Illegal. The veto was sustained. A resolution , offered by Mr. Donnelly , was adopted declaring that hereafter regular meetings of tbo committees of tlio council shall bo held on Saturday night of each week. The bond of E. F. Oibcrson , deputy city clerk , was approved , nine members voting "aye , " Messrs , Bechol and Olson refusing to vote. vote.The appointment of Ed O'Connor as sor- pcant-at arms was continued by the same voto. voto.Mr. . Moronrty moved to adjourn. In an in stant Mr. Bechel was on bis feet and entered n protest against the proceedings of the entire - tire meeting. Ho said : "I consider thnt all of tbo business transacted nt this meeting is illegal , nnd I want to reserve my points of or der for some future timo. " "They nro reserved , " remarked President Lowry , and nfter a continuous session of six teen hours , at noon the council adjourned. The biggest thing out Is what the druggists term Dr. Bull's Cough Syrup ; its sale is enormous ami it has never been known to fall. Price 23 cents. It Is well to remember that the oldest cases of rheumatism and neuralgia have been speedily cured by Balvatlou Oil. Price 20 cents a bottle. The only railroad train out of Omaha run expressly for the accommodation ot Omahu , Council Blulls , Do3 Moines and Chicago business is the Rock Island vos- tihulod limited , leaving1 Omaha at 4:30 : p. m. dally. Ticket ollleo , 1C02 Sixteenth und Farnam sts. , Omaha , o AVI11 the Coroner Kxplaiii ? To the Edltorof TUB Osiuu Bnts : KnowIng - Ing yonr well earned reputation as a fearless advocate of the interests of the people nnd in correcting abuses , I confidently behove that you will give this a place iu your valuable paper : Will the coroner kindly inform the people of Douglas county why he ordered a post mortem examination upon the body of Alex Oborg , who accidentally fell from the scaf fold at Swift's packing housol Tbo evidence at the inauest disclosed the fact that the unfortunate man fell a distance of thirty-four feet , and in full view of 0110 or two witnesses. Would these circumstances warrant an ofll- cial with ordinary intelligence to orderapost- mortem examination , or oven an inquest ? Section 97 , chapter 18 , Revised Statutes of Nebraska : "Tho coroner shall hold an in quest upon the dead bodies of such persons only us nro supposed to huvo died by unlaw ful means. " What excuse could there bo for such stupidity as to order n postmortem us In tbo case staled I There can bo no ether reasonable conclusion than to makon foe out of the county for some pot brother doctor of jO.OO. What excuse has ho to offer to the bereaved family nnd friends of the deceased ? Wo call upon the commissioners of Douglas county to investigate such outrages nml put a stop to these sort of abuses and plunder of tbo public treasury by ignorant aud knavish olllcoholders. Wo were promised reform In this particu lar oflloo at the hist election , but nt no tltno in the history of our county has auch abuses existed as under tbo present administration. A. G. ami Hoarseness. The Irrlte- tlon which induces coughing Immediately ra- lioved by use of "Brown's Bronchial Tro ches. " bold only in boxes. Tickets nt lowest rates nnd su porlor accommodations via the great Rock Island route Ticket otlico , 1002 Six teenth and Farnam streets Omaha. The ainjor's Annual. The annual report of George L. Dennis , the Inspector of plumbing , has been submitted to the city council. The first thing shown Is the salary list uf the Inspector and his assistants. This amounts to S < ! ,8I i for the year. The collection fees collected and reported amounted to fl. 203.25. Thirty-nine licenses were Issued to master plumbers and two to drain layers. Tlio work performed by the Inspector and his assistants shows up as follows : Inspec tions of excavations whcro liability expired , Ii07 ! ! ; ulans niul spocillcatlons submitted by tbo board of health , aio , of which number 175 wcro completed as submitted ; insooc- tlons of now plumbing , 1,14G ; inspec tions of old work , HiS ; stop boxes ordered lowered , 75 ; stop boxes ordered raised , 28. Tbo total plumbing contracts let during the year amounted to M-'O.'OS..MJ. H Auid Phosphate relieves indigestion , dyspepsia , etc. Knllwny TeloKraphiTB' Troubles. Llttlo interest Is manifested among the local operators In the threatened walk out of Milwaukee operators and arcnts unless tbo recent reduction of salaries is declared off. The opinion prevails that the men hnvo decidedly the best of the situa tion nnd thnt the company can hardly afford to allow them to carry the proposed move Into olfect. The onicers-of the company express a belief that the difficulty will bo settled without further trouble. Inllniiinmtloii of the Hluililor And enlargement of the prostrate gland , can bo cured by using Thu Excelsior Springs , Mo. , waters. In Sir. JUcfTiicr'H llolialf. To the Editor of TUB Bun : In your Lin- colu correspondence of Tuesday evening a paragraph appeared In relation to tbo ofllco of deputy commissioner of the bureau of la bor statistics which , was untnto In Itself - self and unjust so far JM It rotated to Mr. Kleffnor nf this city. Ndfcuch action ns your correspondent related Twos taken in the local assembly of tha Knights of Labor to which Mr. KlcfTner belongs , Ho was not repudiated by bis assembly , on tbo contrary , ho was unanimously endorsed for the posi tion of commissioner of the bureau oflnhor statistics , as bo has been by the Central laborunlon of this city. Mr. KlcfTner is uni versally popular , not only In his own nssem- bly , but ninoni ? nil the worklngmen of the city , who bcllovo ho would make nn honest and capable onicor of th < S labor bureau if up- pointed. By order oftlooal Assembly 39M. IM PHOVI3M ISN'T STA.'l IST1CS. An Interesting holdl'Thcm In the Clly Kngincor's Itoport. The annual report of City Engineer Tlllson bus been prepared nnd submitted to the mayor nnd city council for approval. It Is a lengthy document nnd presents nn array of facts and figures showing what was accom plished lu that department during the post twelve mouths , tirades were established on 22. Ifl miles of streets nnd allevs. Changes of grade wcro mnilo on fi 8-10 miles of streets and nlloys , In cluding Douglas street between Slxtecntn and Twentieth streets , whcro icut of 2 foot was ordered. Tbo amount of grading done during the year IS'.H ) was much inoro than during any previous year , and of this amount nearly as much was done at the property owners' ex pense ns under the general provision , where the city pays one-half the cost. Under the latter condition final estimates \vcro glvon for fiSO.lSG. " cubic yards ntacostof fS3,813.57 , , or an average cost of 14 1-10 cents per cublo yard. Tno grading whcro the property owners pay the entire coat , including the sloplngof lands nnd filling of lots amounts to 400,277.3 yards , costing 87'tMD.GG : , or an average of 14 9-10 cents per cublo yard. The above , and the partial estimates glvon on work not completed , amounts to u grand total for the year of lli",7llcublo yards , done at an expense of SUJfi,703.75 , an average of IB cents per cupioynrd. Curbing forms another interesting Item for consideration , nnd the report shows that nearly all the curbing contracts for the year were completed. All of tlio curbing sot during the year was of Colorado stand stone. The white stone was set nt a cost of 70 cents , and the rest at CU cents per lineal foot. This was much less than the same work was over before por- forined. Karly in tlio season a bid was put in for furnishing Borea sand stone at OIX cents per lineal foot , but owing to the su perior quality of the Colorado stone , It was rejected. The total amount of curbing set amounted to 103,471.8 lineal feet , 1'J.O miles , at a cost of ? rOy90.4'J. The amount of paving laid each year seems only to increase the desire for more , and as soon as the council nuthorlzed the issuance of S7f > ,000 of intersection bonds contracts were Immediately entered into for all the work that the funds would allow. During the past year only throe kinds of paving material were used , stonq , shcot as- phnllum nnd vitrified brick. Mr. Tillsou point ? with pride to the fact that ttio day of wood pavement has passed , nnd goes on to cite the streets that nro in bad condition , incidentally remarking that ere many years , and before the pavement Is paid for , It will have to bo relald. During the month of December ho sent letters - tors to the engineers of numerous cities ask ing about pavements , nnd the replies Indicate thnt the materials rank ns follows : Stone block and asphalt , first class ; cobble stone nna brick , second-clas's ; wood , tblrd-class ; thus it is seen that wopd pavement is rapidly becoming unpopular , not only In Omaha , but in other cities whor6 it has bean used. Of the cities in the United States , in the matter of the amount of llrst class pavement , Omaha ranks fourteenth and in western cities she is far in the lead. The following table shown the amount of pavement laid lost year , together with the cost of thosnmo : Material. Miles. Yards , Cost. Asphalt ' . .4:70 : 100,317,70 $270r > ( ! .IO SlouxKalls 1.7(1 ( 74,48.02 18,7.Vi.44 Coloradostcno 1 7 42.Ktl.01 108.7,13.75 IJrlek 2. 5 52,1115.02 100.4V1.55 Wood 0.40 8,702.0-J 11,1185.03 Total O21 217 , .0i : J. > OS)073.43 During the year 11.81 miles of sewer were laid at a cost of 8124,000.75 , which included the extension of the North Omaha sewer about one-half mile. This nddition now gives the city SI.7 ! ) miles of sowcrago. The report shows that the street sweeping for tlio year cost 819,821.6 ; ! . Sidewalks received considerable attention when it is considered that 23.8 miles were laid a cost of SJ3,9-"i.fl3. } Ths city hall question Is discussed and Iho report shows that work is progressing as rap idly ns possible. During the year the mileage added to the streets by extending and widening was con siderable. The streets affected are ns fol lows : Burt street , widened north of Hillside nddition ; Twenty-seventh and Twenty- cichth streets nnd Twenty-eighth nvcnuo were extended from Uedick's parK to Bristol tel street ; California street was opened from Lowe uvcuun to St. Lawrunco street , and Twenty-seventh from Bristol to the north line of Howe's ' addition ; Twenty-second sticet wns extended from Deniso's addition to Locust street , and nlso from the old city limits to to the south line ot Paul street. The expenses of the engineering depart ment , including the salary of the engineer and sixteen assistants , wcro ns follows : Snlarlos , $19,424.91 ; supplies , $ J,18S.4s ; total , 'i'lio ' following tables are of interest nnd ex plain themselves : MII.KVOI : AND COST or SBWEUS rmoit TO 1800. Material. No. of miles. Cost. IlrlcK,2'i ioS'/t foot Uocft IMpo , 4 to 24 inches f' SO * " . m" ' .n - > 7 i-o ' Dmlugiaw 11.07 | ' 12I00075 Total 84.83 $1,311,0534' CUK HIM ] . Miles. Prior to 1SOO 0.1.12 During 183J 1U.55 Total 112,71 aitADi.su. Miles. I'rlor to 1S10 itu Completed In 1890 20 Total 123 I'AVINO. I'rlor to 189) , DurliiR 1800. Material. Mites. Allies. Asnlialt 11,04 4.70 Colorado nnd Sioux I-'nlls granlto 43.60 1.70 llrlck 70 2.r : Cedar block 10.31 .40 Cypress blook 5.5 ! ! . . . . Total 51.00 fl.21 The total cost of the. 01.2 miles of paving amounts toGuO,131. ) ! > < v The entire contract w'ork for the year Just crosswalks , $ . } , oai.23 { street cleaning , $19- HSl.O'l ; salaries und supplies , & 1G13W ! ; city hall , $ ir : > , ! ii0.3I. : Totalr-RO'Jl.OSi.'O. During the year l,03l.normlU ) for opening streets for repairs and to make water con nections wora Issued , 'whilu ' to make sewer connections 035 wcro grunted. The HolfoiiHtolii O.IHCH. The Ilelfenstoln cnsua.bobbod up serenely nt the Lincoln term 9 tbo United States court In tbo stiapo of n mo tion to dismiss thu' ' cases on tbo ground that in ftb6 federal courts such suits cannot bo rovlved In tbo name of the heirs. The hearing of tbo ii'otiou was set for 2 p. m. Monday ut Lincoln. A notice wns posted yesterday morning in the ofllco of tbo clerk of tbo district court noti fying all lawyers Interested In tbo Helton- stein cases that the question hnd been raised whether the cases could bo revived under the federal laws. TUo notice stated tlmt some of tbo attorneys were of the opinion that tbo reviver should bo consented to , otherwise a cloud would remain upon the titles , All attorneys were directed to decide tbo question for their clients and notify tbo committed ol inanngors. Tnliiisou Sues Harbor for Last evening Eugene A. Johnson began an action in the district court against Cnarlos A Harbor , nsklntr 810,000 damages. Tbo peti tion alleges that Bnrbor , In the presence of several witncsscss , made a remark Insinuat ing that Johnson had embezzled inonoy from the Homo fire Insurance company. foniy mind are the scenes of jW childhood , , lsniY n j- recalls recollection fteraiovi hung on Die poks of Hjetimoke and tyeS/nell / Ih&i my , , , . t BuHWe days ofS SH , , r Iwe lofjof since departed. we pray and we jjopg ; N.K.FAIRBANK&CO. CHICAGO . . . , , TIIHSTANDARD COCOA OFT11E "WORLD. * * rw\wwcw * * * j\cvs\M- vMtfvp\rvevjw UNLIKE TFA & COFFEE-GOOD FOR THE NERVES. The claims of cocoa as a useful article of diet arc steadily winning recognition. Unlike tea and coffee , it is not only a stimulant but a nourisher ; and it has the great advantage of leaving no narcotic effects. Hence it is adapted to general use. The strong may take it with pleasure , and the weak with impunity. "BEST & GOES FARTHEST. " IIOUTEN'S OocoiC'onco tried , nhvtys vised" ) letvci no Injurious cITocts on the nervout system. It sno wonder , therefore , that In all parts of the vrorld , this invmtor't Cocoa Is recommended liy mctllcul men lunti'iul r ten nml cnfTuo or other ciiconiur chocolate * for ilally n c by children < > r iiiliilti , liiile aiul'ilck , rich nnil iiiior. "I.aruent imlo in the world. " Askfur VAN HoUTKN'Bnml foJ noort < r. CO jwr vwwttrwftrw * w < > * * 0wwwr w * FOH TI1I2 tVn Army OITluon Tolls of the Iteauilcs ol" .Vol'liernoii Cemetery. Captain B. F. Baker , ono of thosuperlntond- mts of national cemeteries , is ut the Millnrd. lo has hcon assigned the station at old Fort ilcPlierson cemetery , which is twenty miles jastof North 1'latto and south of the river. There is a government reservation there of 10,000 ncres. 100 ncros of which 1ms boon set asldo for n cemetery. A ilvo-ncro lot surrounded - rounded by a solid hrlclc wall constitutes the the cemetery proper ut present. There uro 5.1 soldiers and oQlccrs now buried In tliat cemetery. "Fort McPhcrson has boon designated ns the principal cemetery ol this department , " said Captain Baker to n UKH reporter , "nnd soldiers who have been huriod at most of the other posts In the department nnd temporary places of interment will ull bo moved there. The Ouster bnttlo pround 1ms been selected ns a cemetery for these who hnvo been bulled in Montana nnd northern Wyoming and North Dnkotn.1 ' "Will the soldiers who were killed nt the battle of Wounded Knee bo left where they nro buried nt/tho Pine Hivor agency , or will thov bo removed ! " "Tboy will bo taken to Fort McPhorson. They will sleep , finally , on Nebraska soil , in ono of tbo most beautiful spots you over saw. Tbo people of Nebraska do not Itnow how beautiful the Fort ccmytcry is destined to become. When wo pot bettor railroad facilities so that tourists can visit the spot with ease nnd comfort. Fort McPhorsnn will become ono of the points of interest in Nebraska.Vo nro netting a fine sward of blue glass started on the grounds , and it will , In a few years , present a very attractive ap pearance. " The best anodyne and expectorant for the cure of colds and coughs nnd all throat. Inner nnd bronchial troubles is undoubtedly Aycr's Cherry Pectoral. Ask your dniKgUt for it , and at tbo same time for Ayer's almanac , which is frco to all. 1G02. Sixteenth nnd Farnam streets la the now Ilock Island ticket ollleo. Tick ets to all points east nt lowest rates. County Teachori. The next meeting of tbo Douglas County Teachers' association will bo hold nt the court house on Saturday , January 84. Super intendent Matthews announces the following programme : Friday Afternoons .Tames Ellis , Nora A. Cox. Cox.Too Too Much Abstract Memory Work W. J. Allen , E. J. Collins. Wliat Are You Doing in the Way of Moral Training ! Anna E. Leach , C. II. Lamar. Prominent Characteristics of the Success ful Teacher Superintendent James of Omaha. Report of county superintendent. These who open the discussion will bo al lowed ton minutes each ; others ilvo minutes cuuh , Teachers will como prepared to RVO ! the per cent of attendance for the mouths of lo- ) ucinbcr and January. Bring specimens ot composition and analy sis of problems of fourth grade. Don't Fool Yourself ! Notwithstanding nil rumors to tlio contrary , the Chicago , Milwaukee & St , PauV Ity's now steam heated iwlaeo gleaning cars , with ' 'electric lights in every berth , " still loaves the Union do- not , Omaha nt 0:10 : p. in. daily , nrrlv- ing at Clilcngo nt 00 : ! ! a. m. , in ample time to make nil eastern connections. Ticket ollleo , 150Farnum st. J. E. PKKSTON , F. A. NASH , C. Pass. Agt. Gon. Afjt. Mnrritigo The following marriage licenses were is sued by Judge Shields yesterday : Name ana address. Ace. ( Ocorpo W. Harris , Omaha . 27 I Mugijlo McUnmbs , Omnliii . 'M J I'ntoii Ilrmks , Omaha . 27 I Charlotte Stownrl , Oinnha . 20 J Joseph KnslcU , Omaha . 23 1 JInry Jlwstitl , Oniuliu . 10 i William Ii. CrnKor , Omnha . 22 1 Murlu JI. Wnlkur , Omnba . B3 j Herbert . Alliore. Touolcn . 23 | Ihmmi V. Summorlott , OimUm . 21 The Baby's Hotilth often gives fond parents very great anxiety and care. S. S. S. , Is the popular remedy for chil dren. Ills safe , palatable and doea the work. David Zartman , of In dependence , O , , says : " 8.8. S. CUIICI ) MY UAHY OK THE WOKST CASK OF CATA1HW I EVER SAW A CHILD WITH. THUNA8AI , D18CUAKOK WAS V1UIY IAIU1K AND OfFKNSIVK , S. 8. 8. JIADi : A VKUMA. NUXTCURK. " Books on Hlood anil Skin diseases frco. THK SWIFT BI'KCIPfO CO. , ATI.ANTA.OA I Battering from tlio efFvcU ol J youthful erron early decor , wetting weaken * , lost inauliooU , eta. I wfll wnil avaluablo trvatlso ( unlixll coutalnlnf fullnartloulan for homo cure , I'llKK n ( churn" A ipiondld medical work t ihould l < o rtmiif \ ever ] man vrhn 1 * IHTVOIH anil delillllaU'il. Acldross 1'rof. V. C. I'OAVLIiH , lUoodllil , Cuuu For It you do not It may become con- fliimptlio. For Cuiimiiiiiir/nii / , Serofula , ( Imerttl DrMWy nnd Hastliin tlioro Is nothing llko Of Turo Cod Liver Oil mid HYPOPHOSPHITES Or Xjliiic nncl Suctn. It la nlmost us pnlatablo na milk. Tnr bettor Ituin ether ao-callotl Emulsions. A wondertul UosU producer. icotfs Emission j There nro poor Imitations. (3d thei ( if inline C. L. EricksonLocat , Aprcnt , 200 N.I6th M. D. Prncllco llmltodto Ulieaaesof the LUNGS AND Nervous System Including Ncurnlxla , rnrnlysH , L'pllopsj , CntJik'psy , llyntoro KpllcD jr , Con vul- sldns , bulnal Irrtln- tlon , Klioiimntlsm. Clironlo Alcolinllira , N't'rvoiia HiMiiltioho. N'&rrous ProBtratlon consumption nini nil dlHeui usof the luntfs toSJO , BEE BUILDING , OMAHA. FOR SALE My I'alntlriK nnd rnporlmnplnu biislni'ii , Kutiib- llslicil lavi. linn U null suluutuil ft ick ofVull 1'ui'cr ' , Wall MouUllii s , 1'alntn , Ilrusho.i , oto. P. WINDHEIM , 510 S. 10th Street , Omaha. WINTER RESORTS. Charming Winter Resort in the Highlands. HunlsviIlcIIotelSubslantialElcgantlNc\v , \ HAUVKV 8. IHINlbON , MnniiKor UVItON V. OKN1SON , AnsUtant. puoi > osAi.sroit ifiiw)8Kiis. : ) : ) as. m- 1dtuii HOiviuu. Koscbiiil Asciiiiy , South la- kotn.Jiiiiiiurr Jl' . 3f > ' ) l. Si'iiloil proiiojiils en dorsed "I'loposuls for I'leld Bueds.1 ami nd- ilri'ssvil to tlio unduislKiiiMl nt Hiisoliuil Agency , South Diikntii , will ho recclvi'd until 1 o'clock of Cclirunry f > , 1WII , forfiirnlsbliiK mi < l Unllvi'ilnj ; tbo same ut Vnlontlno , Nubnikii : HUbiiHlivhnfMfU or.ts , l.lioi ) bushel ! ) of seed potatoi's anil 1,0)11 ) biisliolsnf heoil corn. Hid * dors must si ute tlm iiroposed inlto of cni-b ar- tlolo to bunHVnd for dnlhory under u tim- trnct. ChKTifiKi ) cinciy. : Ihicb bid iiiuat bo acuoiiipniili'd ' bv u cortl- llud obcok or draft upon MIIIIO United StutuB Depository , iiiiulo ] iayuhlo to t bo 01 dur of tbo unUurHlKiii-d , for nt IriiHt , I'lVI ) per cunt of the amount of tlio puiposal , ulilcli chuuk or draft will bo foifuliuil to the United Mutes In case any lilddur or hlildura rout'l\Ini { an award sbull full to promptly uxocuto a con- traut wltb Kood nnd aulllulrnt siirltlus , ntliur- wlsololorotiirnoil to thu bidder. .1. (1KOH010 ( WUIUHT , U. a Indian Agent. J-13-d-L'l-tm FOK VIEM ) 97i ; : S-II. S , In- illiin Service , i'lno Hideo Asorioy , South Dakota , Doi'OinbiirWtli , IR'JO : Boalodpioposals , ondoifiud "I'roposali for l-'lcld bcvdH , " and ad- dreaied to tlm iiiidersl m < d at I'ino Hlilijo Agunoy. Shunnnii Co , .South Dakota , will ho received at this agency until ono o'clock of January -Id. Id'll ' , for fnrnlslihiK for this imunoy nnd dollvurli , tlio aatno at Unshvlllo , N'ohraskn , about 500 buslioU nf need whimt. 600 liushnlsdf seed potntofS , I'-O ' IniHholsof flcinl outH nnd l.Vi bitshela of seed corn. Itlddors iniistHtuto tlui | Hioieil | prluu of oacli artlclo toboolfori'd foriicllvury iinduru contract. l/urtlHuil C'hecla. Kadi hid inuBt bo ucrornimtU'd by acortlflod oliuck or draft upon sumo I'nltudKlatdH ' dupos- Itory , madu payable to thuoiderof tlio iiniiur- slKni'd , for at Icust Ilvo pi-roi'ntof tliiuiiiiount nf the proposal , which obuck or draft will Im forfoltod to tlio United States in casn any hin der or hlddori receiving an award Khali fall lo promptly execute a contract \\lth uood and Hiinieloiit surt'tlcs. othorwUo to ho roturnotl to thu bidder. U. I * . UUVUt , U. b , Indian A saint. ' JVMU8KMKNTS. ITTVCl Two Nliihls * niul < MJ M Butlirilitu Miitltiuo. SATURDAY AND SUNDAY. JANUARY 17 ANO 18 , RICE'S BEAUTIFUL , EVflNGELINE , OR , THE BELLI ! OF ACADIA. More llmvltrhltifr , More Kntrnnolnn than over. A World of C\inlvitllng Attraction ) . 40 Great Arlists ! A Granfl Cliorns ! Sight prlrcH. H , 7 > V , Mo nnd ? 3o. Mntlnoo prlco , 750 uml.'oc. Halooi'oiu Krlclny morning G-BAND Opera , House , I'rttlini Mulit , Jitnniirii tilth. Snititritttu Mi/lit. . .IdinnirI'tli tiiittnititiJlnthtrr , , / < rn. fSth * The Gorgeous Spectacle , GIvun under the auspices of the Ladies' Relief Corps , No. 82. and tlio 0. A. K 1'ost No. 7 , 280 People in the Cast. Tlio beauty anil talent unsurpassed Now nil ulabonito scenery. Thlllllng music and lltli-iliiJ armor. AdMilsslou iWe. We nnd T5o. Box ollleo now opi-n. EDEH 1VEUSEE. iVlll Lawlcr , Manager. Cor. 1Kb und I'.irnam WKICK OF JANITAUV 111 I'll tnst week of the M Mauri Giantess , Ella K lux. 'no ' Nebraska 1'nt lilrl , wclKlihi410 ( pounds ! lint ID years old. Howard's Tnipcilul Mlnsuul.s , nnd u host of pedal nttincUons. A bright , brro/y cntor- ttlniiiont. Coli-ARJ1 IAMCS J MEANS' Is the lirst innilrnnd li o.l/JJ ] / c\pr\ulitre. ' 1IH3 I * thonrtff-/o InalJIbhoo llpHnroorlml-/.1 tnllom I'DSitlvrly iinnoy Bi'iiulnn unless linip J/J on Iho noloj , .InilKID / . 8iSliof."Xox : (1 iio.ton. xw.jr zr' , .r\C DR. MCGRE W , SIJROIA.LiIST. I ? unsurpassed In tbo treatment of all forms of PRIVATE DISEASES Strlctuio. Syphilis , Lost M.inhood , Skin Dis ease" ) and Konialu Dlsonsus. Dr. JlcUruw'n success In Ilio tioattnuntof tlioubnvo Tllsoaso' has never boonoqiuiloil. AcuioNiriiarantood wltlunit tlio loss of nn hours tlino. Wrlto for clroulnrs. LAD1KH , from 2 to 4 only. Ollleo , Cor. Hth and Karnnm SU. , Umnliii. Neb. Kntranuo on ulthnr Htroot. llaiiifomia .erve Fee § M lci Now Itlooil and 1'ro. l'lr li , Curias AiM'inlii , hrruliilii. Ilucl Clrrulallnn ami nil Imnurltlen of the Olood ns ell i tlm roHottlnu Nervn Ulnuneon , viz : .NVrviiiis ml rii4li-ial ll < - liUlty'ilnl ICxIiaiitlun , I're- tniitunt Drciiy , ' 1 rrnililliii ; . Ilyht < iilu ( NIT- TIUIH lli'iiiliicliis 1,0x14 til' I'uivor In * lthi'r HCX * NtirTdiMiirss In any l < irin. Cold JlnmlH or 1'i'cl , liiln III tlio ll.ick and utliur forum ol V7 > rtikiii"c ! * , Hr. Hobl > 'H NITVO Tonlo JIMIlii brln the roay tint of health to the Bhi.llow chonk. WcaK , nnrvoiis pmulu choiilil l.llln Ilila urcnl Life lonower. fry them , ami joiuMM Jcln thn thousandj i'l ' liuiipr mun and uiiincn who ilally tili-sn Dr. iloblitor Fih Krc.it wort In their lich.il r. 'llicy are suunr co.iteil. t > 0 cnits a vial , for ealo by ui by mill AcMresi HOEB'S MIOICINE CO. , ? RQS. . SAN miHCISCH , CU. roil bALK IN OMAHA , Nl.ll . 11V Kunn Ad ) , Cor ISili & DuiiKliH Sirci'lii .1 A. Tiillcr & Co , Cor Hill A Douiiliu Streets. A I ) , rosier fi Co Council Illutfu. Iowa. mm AND BRMN TREATMENT , Bwclfls for ( TctprlaPlJilnot .llt . ! 'iiuri\lgliiWnk ( lulm.si , Mentnl Iriu | ) slcn , HufienliiKof thu lintln.ro- nutting In Inianlty n.lU leaillni/to misery iKAr ! and deAth , rrematuro Old Are ( , llaircnniM. l.ositar rower In either noi. Involuntary I.O M , UIK | llpurinnlurrlKBit cuuaml l > r ovtor-vtel tloof tlio brain , nelf t Imao or gircr liidiilpnco. Loch IKIX cotiialn oiuni'mtl'ii treatment - mont 81 Abux , nr nil for 8\ tent liy mrllpre Ald. With end ! order ( or ll lion's , will tonil | < urcluunr frnarantuu to rufutul tacioy If tno troatrnent fiillaco cuiu. Uuarajite luuwl tuiil Kenulnutola oiilrliT GOODMAN DUUG CO. , lllOFurnam ytreot , - - Omaha Neb , OUJL7iIIlhl > Niw . , -ji-v- . n , . BUT AXD sumiisoar tii llnn'.Mi * 49KM' r BdtK , VI.IP . for ttjUiMcinepur- [ oie.rurv l Urn r llr ikrtMi , llvlnff Irrrlr , 1MI4 , ftAoth. Inir , limlUuOD * ( urrfnl oMIrrlrlcllv lhnuih ill HKAIC 1'AIITH , niHrlcisllnDilo IIIUI.rliinj VIIMini ( MK'IIK.MIIII Kltilrle turn-Hi l ll In.Ktilr , or o fuileii Jlnxi in e.ik. IIKLTund Httiiwr iftrf CiM.pl l tf& . lnluu. Me nuirnllt t utft In three nmolbt ' JMNnENJtLFflTRIIlCO. , W. S. Chemist nnil Assuycr. Formerly In OliPinlcnl Laboratory of the Union 1'aolllu Kallwuy Uoinpuny , poclnl Attention Glvon to Ores , Waters and Oils. iii2Dod c St. , Ontiiha , Ni'j ' FRENCH SPECIFIC. APOSITI andparminent CURE for all dltoiiciolthe URINARY ORGANS. Cure * where oth oalment tills. FulTdirectioniMllhtich bottle. Price , on > dollar , See slg.iilurooi E , U STAML For Solo By All Druggists.
