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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (July 2, 1891)
THE OMAHA DAILY BEE ! THURSDAY , JULY 2 , 1891. FORMULATED RIGID RULES , Board of Health and the Council Committee Bold a Conference. / REVISING SANITARY REGULATIONS. Mr.ny Matters Heretofore Ignored "Will In tno Kuturo Ho Watched Alter by tlio Olllcers of the City. The bonrd of hoallh and the special com tnlttco of the council appointed to pass upon the rules governing the board of health re ported yesterday. The two bodies were In session n greater part of the day and turned out a document as lengthy as the city charter. The rules provldo that all doctors , mid- xvlvcs and others engaged in the practice of mcdlclno nhnll report all deaths uud the causes to the health commissioner. The coroner must report his Inquests within twerity-four hours after the vcrillcts are rctuinod , Hallroad companies are prohibited from bringing parties Into the city who nro nniletod with contnplous diseases. Whenever - over any conductor shall learn that ho has such n person on his train , ho shall tele graph the health commissioner before such train reaches the city. All births shall bo roRlstercd In a book kept by tno health commissioner. School rooms shall bo properly ventilated and so constructed as to furnish each pupil With lit least live hundred oublc feet of fresh and pure air. School children are to bo vaccinated boforfi being admitted to any of the scbools of the city. city.The selling of diseased meats , fish , fowls nnd vegetables is prohibited , and nil dressed fowls shall be drawn before being offered for sale. In . rctrard to milk , It shall bo sub ject to Inspection , and all dealers who run wagons shall pay a license of $10 per year. A tin card giving the number of the permit is to bo fastened to each wagon. If any hotel or boarding house uses adul terated r.iilk , n card bearing these words , "Watered milk Is used here , " must bo posted In n conspicuous place In the dining room. ( Jnrnngu must bo removed beyond t < su city or ( lumped at places to bo designated by tno board Of health. The wagon * used In the haulIiiL' of garbage must bo constructed with water-tight boxes and cleaned each night. All licensed garbage hnulurs are to have po lice powers. Dirt , brick and refuse cannot bo deposited In the gutters to prevent the free flow of the water. Garbage , dirty cellars , unclean stables , chicken coops , pig pans , ponds and pools of stagnant water , impure wells and a thou- iand and ono thlntrs arc dcllncd as nuis ances. People are prohibited from bathing In pools , ponds and streams within the cltv limits. Cesspools may be constructed on the alloy lines of the lots. Vaults are to Bo constructed with water tight bottoms , the sides to bo constructed of brick nnd not less than six foot In depth. The contents of the vaults and the cesspools shall bo removed between the hours of 10 o'clock p. m , nnd G a. in. , and the vehicles used in such removal shull bo air tight. The dumping of refuse matter upon streets mid alleys is prohibited. The violation of any of the rules subjects the offender to a lice of not lass than jT > and hot more than $100. Police ofllioM are expected to observe the annitarv condition of their districts nnd re port the snmo to the board of health. Moat Inspectors will report in the same manner. After the rules wore ndoptcd , they were turned over to the city attorney , who will put thorn In the form of an oruinunco. Small m a\o \ , ero.xt in results : Do Witts Little Earlylltsors. Best pill forConstlp.i- tlon , host for Sicic Headache , host for Sour Stomach. Vibit S. A. Orchilrd's special sale do- nartmont , us you nmy llnd just wlmt.vou need in the furniture line ut very niiich reduced prices. , . Continental block , loth and Douglas street. DcclHion lit Favor ol * ilin Chicago , Milwaukee & St. Paul Uy. The now nulaco sleeping cars of the Chicago , Milwaukee & St. Puul Uy. , with electric lights in every berth , will continue to leave the Union depot , Otimhn. nt 0:20 : p. m. , daily. Pnssoniroi8 taking this train avoid transfer at Coun cil Bluffs , nnd arrive in Chicago fit IMO n. m. , in ample time to mane all eastern connections. Ticket otllco , loOl Farnum Blreot. P. A. NASH , J. E. PKKSTON , General Agent. City Passenger Agent. THE CITY. Sheriff Dpyd started for Ouray , Colo. , hist night. Ho wont to look for a num. Fifty-five chests of ton for D. M. Stcolo & Co. passed the customs house yester day morning. A defective Hue cruised a slight bluxo yesterday in a small frame building at Sixteenth and Mnrcy Htrcota. The damage was nominal. The Omaha City Mission will picnic today In llanscom's park. Donations thankfully locoivod. Send to 114 N. 10th street or report to Dr. I' . S. Leisonrlng , northeast corner Kith and Capital Avenue. Mas. J. B. JARDINK , Mus. A. P. HOPKINS. An automatic trolley catcher , a device for patching the trolley on an electric motor car when it runs off the trolley wire and milling it down so as to prevent damage to cross wires , has been invented by Uyron J. Parsons , of Omaha. P. W. Pitch , of this city , is tlu > owner of the patent. William P. Olson says that while on a Seventeenth and Sherman avenue motor car Sunday evening liibt about 0:30 : o'clock ho was made to stand on the run ning board , the car being full of poonlo. One of the brass post handles came olT nnd ho was thrown olT on the pavement and ro''olvcd a very badly sprained wrist and other painful Injuries. There was but one bid presented to the board of health for the removal of dead adlmals when that body convened J. E. Nelson olTored to remove all horses and catfle free of charge to the city If ho could bo allowed to retain the hluus nnd collect $2 from the owners for each animal removed. The bid was rejected. M. L. Sheorar , the special health olllcor was given an inureaso of Biliary , llo lias boon getting $50 per mouth , but now ho will rocolvo $05 and at this price will furnish a horse. \Vafors. Ourcs nl la 'M minutes. At nil ilrmr0rUls U 111 llury UrnToday. . James HiUemim , tlio father of the girl who died from tioinorrlmgo nt 10J .South Klh'Uth vlrottt Suiutuv , arrived In tlio city yesterday from ft coin , In. ArniiiKuiiionts were nt oaco made with lloafoy & Honfoy to burv the bo < ly nt Unurul 11111 couiotcry at U o'clock ' toU ufioruoon. Mrs.Wmslow's Soottunt : Syrup for dill- droa toatldiiK rolluvcs ' tUo child from pain , " 5 couta a bottlo. HiU'lc tlio Ilado. | U'lillo ntnworlng the call from box 1ST at 0 o'clock yenlcrJiiy morning the cnptnla of truck No. 1 lost his badpo. The tlmlor will coufur u fuvor by returning tbo shichl to No. II cn tno house. llluusN of Ocoruo 1C. Ilunio. ( jcorgo E. Huuio , an old ana well known of Omaha , U lying very 111 at his resi \ , 1018 Welwtcr street , nnd his physicians hnvo aonndoncd nil hopes of his rccovnry. Ho is suffering from a complication of dis eases. Mr. Humohru been n resident of Omaha for nbout twenty-five years mm wns formerly connected with the Union Pnclllc shops. During tbo p.wt tow years ho has boon a contractor on city work. No matter what may bo the Ills you bo.ir from Indigestion , n dose of Aycr's ' Catbnrtla Pills will onso you without question. Just try them once nnd bo assured ; they hnvo milch worse dyspeptics cured. You'll llnd them nice and ( imply worth the price. POINTS ON PYUOTKCUNY. I ' "I re works Enthufllanm Will Com Money Tills Ycnr. "Firecrackers nro going to bo dearer this year than Inst , nnd you recollect they were then very high , " remarked Mr. E. 0. W ni ters yesterday afternoon as ho showed THE UKB representative some of the latest wrinkles In the science of pyrotcchny. % 'Tnis stringency In the firecracker market,1' ho continued , "will Drlng sorrow to the heart of many an oxrcctnut small boy who has llgurcd on nn unlimited supply nt small cost for weeks nhcad. Last year's shortage was caused by the sinking in mltl-ocenn of the stoatiicr liurinuh , bounu for Now York with 80,000 cixsos of the explosives. A year ngo the wholesalers had to pay 51.10 n box for crackers , ngainst SUc the previous year. A fortune was cleared by ono or two Now York linns , who hold all the crackers In sight. But when patriotism is nt stake , Nebrasknns nnd Towans are the last people on earth to bo balked by high prices or anything else , and tlio sales of llroworks In Omaha and 1 in modi- nto vicinity amounted In round numbers to ? 1U,000. "Now York dealers Inform mo Hint thcro Is a shorliu'o this year to the amount of 'J00,000 pocks , superaddcd to which Is the duty of 8 ccuts a pound Imposed by the McKluloy bill on the Imported cracker. There nro forty packs In n box , and the duty on It will bo noout 70 cetita. THUS you see the retail price will probably run up to SJ.'J.'i , and the boys will be compelled to niy : 7 cents a pack , as ngainsifi cents lust year. " ( Jlilnn leads the world In the nnnufncturo of llrccracHora nud llroworks generally. Number ono Chinese gold choouraeker Is the best In the nnrket , and has never been suc cessfully Imitated by homo makers. They do not go off with such n loud report as the domestic nrllclo because our machinery wraps the wads moro tightly. The average boy prefers the oriental cr.tckcr to the homemade - made ono , but In this as In all things else taste rules. "Tho American 'cannon cracker' finds favor with the dovil-may-caro youngsters who believe that every ono's patriotism Is judged by the amount of noisu ho makes. Those crackers are made in largo quantltioi In Massachusetts and occoino dangerous when placed In the hands of children under twelve years as they nro said to contain some dynamite The manufacture of llrouorks In this country has grown very rapidly within the past few vears and now the protection afforded by the McICinley bill should give this Infant cracker Industry Increased Impet us. But wo will never , in my opinion , be able to compote successfully with the Chinese , bocuuso American labor will never become as cheap ns It Is In the tlowcry kingdom. "One may form some idea of the cost of labor In China from the fact that tno whole sale exporter onlv receives 30 cents for a box of forty packs from the Now Yon : or Boston merchant. Each p.ick contains sixty-four craeKurs and cacu box therefore nbout twenty-flvo hun dred. Thus we see that the wholesale dealer sells clglity for a cent , and you may judge how many his moon-eyed employes turn out for that paltry sum. "After tea nnd sillr , fireworks are the principal articles of export in Chlnn , nnd iigiipurc Is the chief seat of thu industry. "Tho Chinese understood their manufac ture centuries before the Christian era , nnd ns oariy us the fourteenth century they had brought the science of pyrotcchny to the status of a line nrt. To the Chinese Is at tributed the Invention of gunpowder , from whom the Arabs stele the secret prior to the twelfth century , 'lo this day China pro duces the bet.t powcfer In the world , owing to tlio excellent quality and unlimited. quan tity of Its bidtpctre. Some historians at- triuuto to them the Invention of the terrihlo 'Greek ' 11 'e , ' which played such an Important p.irt in the crusades. ' The Japanese are skilful manipulators of gunpowder uud nro gibing the heels of their kinsmen across tto strait in the race for the superiority In manufacture of lircworks. "A novelty in pyiotechnlcs has just been Imported from the kingdom of the mluado , culled day fireworks. They are being exhib ited at Coney Island nnd tto beaches around Now York iind elsewhere to crowds of ivon- derlng admirers. Tney are ilred from mor tars or upright guns and oxplodn at a great height , dlMilaying various llgurcs and effects of enormous slzo and representing human figures , rainbows , thunderstorms and many colored cloud effects which float slowly on the air iinii gradually Mule to thu ground in the distance , whore they are eagerly sought after ns souvenirs. 'Ureat skill U required in the manufac ture of llroworks even in turning out the unpretentious lirecraeker. Tne solitary green and yellow cracker which come in every pack and which were known In my boy- lood days ns 'Punch and Judy , ' were popularly supposed to produce i louder report than their red-jnckotcd mates , jut that Is only ono of boyhood's ' harmless upcrstitlons "Tho 'baby1 cracker is quite n now thing , jeing about the t > lzo of u mutch nnd will nf- [ ord much amusement to ninny a llttlo toddler dler In Omaha this coming Fourth. It seems b trail go , but Is nevertheless n fact , that the ordinary rocket requires the most skill in Its manufacture. The stick must bo just such a length and the pasteboard cylinder case which holds the various tinted powders , the stars nnd llowor pots and other designs , must bo carefully adjusted so us to render the rocket effective. Colors nro Imparted to the lumo with sodium for yellow , calcium for rod , strontium for crimson , barium for green nnd copper for blue. "An entirely now nnd most surprising : hlng in pyrotechnics is the snaKo's nest. An riiioccnt cano of tin foil is lighted , ind immediately a volume like green grass s produced from which a scaly soricut drags Its sinuous length , producing a loud. ilsMiig nohu terminating with n report. I predict a good many badly scared youngsters in the Fourth when the practical joker sous .ho capabilities of that small cone of ttiffoll. You couldn't small bov with pay u proper respect - spect for Ins dignity to Irululgo In torpedoes on Independence day. Imitating the stereo typed expression of the pntornnl branch of thu family , Im will inform you , if questioned on this point , that 'such tnlles nro good 01 , ouch for women. ' The fact Is there is not much demand for them and these who call 'or them are chletly young girls. ' "Tho 'Union' torpedo , which wont oft with report as loud us a cannon's > vas much In vogue years ngo , but owing to Its extreme dangorousncss , being almost as fatal as the toy pistol , it has falluu.mto 'Innocuous desue tude.1 "Tho ' ahnsor' Is 'nigger also a great friend of the undertaker , because of ignor ance In the manner of igniting it. Where there Is peril there will the small boy bo , and consequently the 'nlirger chaser' will over beheld held in undlmUilslied favor. Bombs are the most expensive of ordinary flroworks , costing i aploco. Wo hnvo iomo very line prlvato exhibitions hero every Indopatidouco day. Among these whoso displays generally attract - tract the Inrgost crowdu are Messrs. II. KounUo and Mr. Mlllard. " Say ! Do you want to remove these pimples from our faces. Use Mailer's tiarsapitrilla and Bur dock. It Is warranted to oltoct a complete euro. euro.The The finest Fourth of July in Nebraska nt Die Clmutnuqim assembly , Crete , Neb , Lieautif ill grounds. Splendid protrnunmo. K.x-Seimtnr Infills of Kansas at li p. in. on "The Problems of Our Second Cen tury. " One railway fare for round trip. Admission 25 coats. < New I.lno lo De.s Comment-Ing Sunday , May 81 , the Chtuugo , Milwaukee & St. Paul railway will establish n through line of sleeping citrn between Sioux City and Dos Moinoa via Madrid. Passengers from Omaha and the west can leave Omaha at 0iiO : p. m. , seeuro ulooplng car accommodations and arrive in lies Moines at 0 a. in. Ko- turning , leave Los ) Molnos 0-10 : p. in. , arrive Omului 0 : lo a. in. Dining cars on both trains. Ticket olllco , 1501 Farimm street. iA. . NASH , Goii. J , K , PKESTON , City Pass. Agt. BUI'IIUMU COUHT Dcclnlonn Hnmlntl Down Ity tli'o Supreme premo Court JiifitlccH Yostcrdny. Roberts vs State. Error from Hurt county. Itovcrsod. Opinion by Mr. Justlco Max well. Ono Itobrrts was convicted of assault anil battery committed upon ono Mm. W , Hold. That tno proof fulls to sustain the charKO. Burllott vs Chccsobrou'h. | Error from Val ley county. Afllrmod. Opinion by Mr. Justice Norvnl. UK thu Bottled law of thin state tliut wliero ashi'rlir attaches property found In the D < H- ! > cislon of n Htrangor to the suit , claiming tltlo , In an action of replevin therefor by iiioh strainer , the olllcor , in order to Justify the mutt not only provo that tun attach ment defendant wnfllmtnhtud to thu plalutllT In attachment , but that tliu writ was regularly Issued. A Judgment will not bo reversed for error committed without prejudice to the party complaining , One of the methods of Imponchlng a witness Is by proving tlmt ha has iimdustntoinctilsoiit of court , or on iv former trial , Inconsistent with lilt testimony , lleforu HUCI ! contradic tory testimony can bo received the witness must , bo asliod If had inadusiioh statement , namlnz thu time , plncc anil to whom made. Tlio admissions or statements of n party to n suit against Ills Interest upon a material mutter may be proved without laying the foundation required In case of Impeaching n disinterested witness , ICemp vs. Small : appeal from Clnv county. Hovcrsed nnd order of reference for nn ac counting. Opinion by Justlco Norvnl. An absolute deed of real estate or u bill of sale of personal property itbso iltn on UM fnco. executed and Intended ns neourlty for u debt or loan , will bo construed as a murtnane. as between thu parties thereto , nnd all others except bona lido purchasers for value without nollci' . lluld that the deeds and bill of sale referred to In the opinion were glvi-n as Huettrlty. anil were not Intended as nn absolute transfer of tlm nroporty therein described , Hu. d tlmt M. Is liable for the net rents nnd profits of the real probcrty while In his pos session. Chicago , Burlington & Quincy Uallroad company vs. V. Barnard ; error from Ungo county. Hovcrsod nnd remanded. Opin ion by Justlco Norval. Hold that the evidence does not tonrt to show that the death of the plulntltlM Intestate- wus caused bv the ncgllKunco of tlio defend ant. ant.When In a case tried to u Jury there Is no eimllletln the evidence , and no Inferences about which reasonable men might dliTer to bo drawn from the facts anil circumstances provutl. the court may direct the verdict which shall 1)0 returned. Nli-kerson vs Needles. Error from Butler county. Afllrmod. Opinion by Chief Jus tice Cobb. I'rrors of law occurring at the trial will not be reviewed In thu snprumu court upon a petition from the county court to the district conit In a civil action tried to thu county court without u Jury. Campbell vs Yager. Error from Adams county. Verdict nnd Judgment set aside nnd now trial granted. Opinion by Mr. Justlco Maxwell. One 0 was employed bv Y to soil certain city property and Directed an c\cliange of real estate with one I' . After the transaction wus complete 1' paid O 1100 for Ills services ulthonili he testified that ho had previously not employed him. Held ! There beln < no cliiTL-o of bud faith , that If V bad employed O to sell his property and ho had procured a sale and exchange of the same upon terms satisfactory to V that ho wus entitled to a fair comnensatlon for his services. Bonncll vs the countv of Nuckolls. Orlglnnl. Former decision nfllrmcd. Opinion by Mr. Chief Justice Cobb. The decision originally rendered November 23 , IsS'J , 411 Northwestern Kunoits 1U. > . In ac cordance with that of Hulrd vs. Todd and Jameson VH. Ulckson , Ibid. 111. ! , considered and nlllrmcd , Blalnc vs Wilson. Error from Hall county. Aflirmcd opinion by Mr. Justlco Norral , Where a debtor has uald a note tainted with usury , ho cannot maintain ai action to ru- cover the usurious Interest. Small vs I'oiTcnbargcr. Error from York county. Aflirmcd. Opinion by Mr. Chief Justice Cobb. A petition allogln : tliut there Is duo from defendant to plaintiff for luboreis" wugcs for \\ork and labor done and performed by the nlulntllT for the defendant at her request In the years 1SNJ , iHj" and I.sSS , thu sum of SlCOW. no put tot which hns been paid , states u suf- Ilelcut c.iuso of action , although subject to a motion to m.iko moro dellnlte and coitiln. Te.sslur vs. Heud , Jones & Co . 17 Nebraska , 105. A witness who hud taltcn shorthand notes of certain testimony ut u formur trial Is com petent to testify to the facts In evidence from her own recollection , wlillo refreshing her meniorv from her notes , If slio states that she does remember the testimony tint the wit ness gave nn the fonnor trial. Llpscomb vs. Lyon , ID Nebraska , "ill. Thurman vs State. Error from Johnson county. Aflirmcd. Opinion by Mr. Chief Justice Cobb. If the criminal act charged and the criminal agf'nuy of the prisoner : ire shown buyond doubt by direct or clrcunibtunt ul "evidence , hold that It Is not rciiirud | that there bo spe- clllc proof of motive. Instructions as to the criminal responsibil ity of parties laboring under Insanity and In sane delusions examined , considered and hold to bo correctly given. Held that error of trial not exccptod to. nor assigned on thu motion for now trial. In thu couit below , will not bo considered as rovursi- blo error on ruvluw. Thu ovldujicu examined and hold to sustain thu vernlct. Smith vs Klnnoy. Error from Nuckolls county. Huvcraed end remanded. Opin ion by Mr. Chief Justice Cobb. J. Ti. S. save bis promissory note to W. 1C. for.tso. due In uliht months , which W. 1C. en dorsed to J. .M. O us collnter.il. with a chattel. innrtiKo : , to secure a loan on his own note of ? -i ; . ? : > . .1. L H. bouL-ht both notes nnd lliu inortiruso forifssMK ) . In his action against W. Ito foreclose the mortal ra and Hitlsfy the second note , hold that It was error , In thu trial court , to overrule thu iilalntlir'a ntl'cr of proof that the original note to the defendant us without consideration. Mathis V. Pitman. Error from Cass county. A(11 ( rmed. Oulnlon by Mr. Chief Justlco Cobb. In a contest of the validity of a will , prose cuted In good fi.lth and on tenable grounds , under section 44 , " 0 chapter , compiled stat ute , held , that the costs of thocontcstnnt may be chalked against the testator's estate ac cording to the judgment of thu court. Nowatny V. Blair. Error from Butler county. Aflirmcd. Opinion by Mr. Chief Justice Cobb. The prccls'of the statute section 19 , chapter fpO , In hullon against u licensed liquor seller and his suriitlcH for Injury by un Intoxicated tenmstcr driving violently and no llceiitly airuliiht thu vehicle of plulntltr , hold to bo u sulllcleut .statement of thu cause of action. See Maxwell's P. and l > . , ( ISS9) ) MS ; Kcrlcow vs. llauer , 15 Nebraska , r > 4. Tliut u verdict Is excessive , and was ren- doied under the Inllnuivuo of passion nnd piojiidlee , assigned us an error In a civil ac tion for ruvluw : held that there must Lo some testimony or fact of record to support the conclusion. If a challenge to an Incompetent Juror bo overruled and hu Is afturwnnU puromptorlly challenged and excluded , and thu record falls to show tliut tha party's petctnptory cluil- lunvcu was exhausted , held that the error of overruling the cause for challenge u as with out prejudlco. lluni-jtt vs. 11. & .M. U. U. ( Jo , . 1C Ncbruska , XII. City of Plattsmouth vs Bocck. Error from Cass couutv. Hovcrsed nnd remanded. Opinion of Mr , Justlco Norvnl. Allldavlts iiaod us evldenco In the district court will not bo conslduiud by this court un less they are made u part of thu record , by belnnembodied In a bill of exceptions. Whim prlvato propuity Is dainau-cd by the location and construction of a public improve ment near It , and thu property Is not specially lienclltted by the improvement , the measure of thu property owners' dumak'cs Is thu dlllor- once. between the value of thu property Im mediately before thu location and construc tion of the Improvement , ana Hi value Im mediately afterward. A city Is liable to u lot owner far thu dimin ution In value of his property caused by thu location and construction of a sewer built by the clly ne.ir his lot. on which a hrluk luilld- Ing hud been erected before the sewer gr.ulu was established , ulthoiiKh the work was per formed Inn caieful and skillful manner. Where an Inst i uc tlon Is given by which It Is Bought to cover the entire Issues made by thu plead in : * and evidence , all thu essential olu- menls Involved In the case should bo Intro duced In the Instructions. Llchtcuburgor vs Johnson. Error from York county. Alllrmod. Opinion by Mr. Chief Justice Cobb. Where a chattel mortgage provides that the debt shall draw Interest , and shall bo puld ut certain stated times , anil thereby Is an Im plied agreement tliut thu murtguKor' shall ro- inaln In possession of ilio properly until thuru Is a default In payment , a provision that "If the mortgagee sh ill ut any time f"el uns.ifu or Insoutiru hu muy i-eltu and soil the prop erty , " will nut authorize Kiiuh ntortuugeu without evident cause to scUj undull such properly before tliodebt bccomck due. The words "fecU uiisafo nnd Inuccurc" do not mean tliut ho nmy exercise an arbitrary discretion In thu premises , but thu mortca'-or must Ln about tu du or hu * done BOIIIU net wh.ch tends to Impair thu hecurlty. Ncwluuu & Hoard \h Olson , rj Neb. , TIT. State ex rel vit Ciaslln , Mandamus. Opin ion by Mr. Justlco NorvaL Whore , after n vonllct has lioeu returned In thu district court , tha Judge of another dl . trlct , who tried thu oiuno , ceaxod to prci > lde , and roturuj to UU own dlitriot beforu the motion for anew trtnl Is heard nnil dotnr- tnlneil , thu motion inwy bo passed uxn | by the court when the OHM Is pending whore the Judge of that dUtrluUlB sitting , nn I the court lias authority to iHw not oxcuidlng forty been provontD'J from proparliiji and submit- tlni to tlio nilrariamart ; his bill of exceptions within thu tlmrt allowed by law on account of thu Inability of thorourt reporter to furnlfh a transcript of UMK tostlniony In time , the JiidKo who tried thooaBoshonldslgiiuiid allow tlio bill when presented to him. \ \ lion n proposed Mil of exceptions Is served Upon the udverso pnrty aflur the porlo I bus olatisod within whlult U should havu been sub mitted and slgnud. UIK ! thu bill Is returned to thu party scclclnir lot allowance without pro poning any aincndmontsor mnklnir any objec tions as to the time ho received It , thu Judge should allow thu bill , Chicago , Itock Island , t Pncino railway com pany vs Wittz. Error from Jefferson county. Afllrmed. Opinion by Mr. Justlco Norval. A comiiH n carrier of llvo stock cannot by contract with a shipper relieve Itself , olthur In whole or In part , from liability for Injury or lota resulting from Its own tiotflluunco. Campbell vs Uoo. Error from Douglas county. Afllrmed. Opinion by Mr. Justlco Norvat. When an agent Is appolntoJ to collect money and remit to the principal , after de ducting his charges , no Hutu being stilted when the remit tance Is lobe made , thu statute of limitations commences to run In favor of thu iiKunt from the tlnio ho rocolyns thu money. Meru silence or coiicuulmont by the defendant , without nlllrmutlvo misrepresen tation will not toll thu statute. The county of Douglns va Tlmmo. Hrror from Douglas countv. Aflirmcd. Opinion by Mr. Justlco 7Inxwoll. In thu absence of any constitutional pro hibition or alllrmUUo provlslo'i llxiir , ' the term of olllco of anv olllcor or his compensa tion the legislature muy chunsu such turin or compensation and such chungo of term or componsatlipu will upplv us wull totliu olllcers then In olllcu UH to these to bo thereafter elected. Wliuio nn olllce Is crcuted by the constitu tion thu compensation of thu olllcor can neither bo Increased nordlmliilslicd during his term of olllce. County of Valley vs Robinson , ot nl. Error from Vnlloy county. Hovcrsed and re manded. Opinion by Mr. Justlco Maxwell. In an action brought by a county on the bond of Its treasurer to ncovur tnvos col lected by him for the state. lluld , That the notion was properly luought In the name of thu county , that while the taxes ueio due the stutu yet they wnru levied and collected through the county authorities and wuro u clutr.ru ai'iilnst thu county until paid Into tlio statu treasury. Held that tliu petition status a cause of action. Clark vs state. Error from York countv. Heverscd and remanded. Opinion by Mr. Justlco Maxwell , Instructions must bo based upon thu testi mony and wheru un Instruction has been given without testimony tosupport It nnd It Is ippiircnt that thu accused has been prejudiced Uii'ruby thu Judgment will bu mversud. Where u poison on trial for u crime testifies n his onii behalf the court nmy Instruct thu lury that \Nululilnglilsto-itlmoiiy they muy - onsldurlils Interest In thu resn t of thu suit. I'hu court. ho\vuver , cannot by lupcatlng Its slutcmunt In that regard , u'lvo It undue weight or say uught culcul'itcd to dlsp-irauo tlm testimony of the accused. Tlio credibility of the witnesses Is for thu lury to determine. Uoinun V. Iliussliir. Error from Wuynu county. Heveised and ruiuiindod. Opinion by Mr. Justice Maxwell. In un action to recover u balance duo upon l.tiinii busholsof corn at.'K cunts pur bushel , hu IIIIHW or wus a pica of thu statute of frauds. The testimony showed that thu corn was to bodullveicd ut Waynu uud was so delllvurcd in thu cars and wan Hblppod to .Minneapolis to the defendant , who without confuirlnx with the plalutill'ordered thu corn sold for ! . " > ? . cents per bushel , ns belli ; : damaged. Ile.d. that lie was II blu for the eontrai-t piloo , uud .ho plea ot thu stututu of fraud was unuvall- II L' . A buynr whouc.-epts eralu with knowledco of Its quality Is bound fnr the contract price. llnvc You Got u Horse ? Every man who owns a borso should Ifncw that Hallcr's Barbed Wire Liniment is the onlj' remedy that will give prompt relief to nil sprains" cuts , bruises nnd gulls , and is warranted to effect n complete euro. Where Will We Go 1'or the Summer ? As the ho'ttcd term approaches this question occupies tlio minds of the pttb- lu , and to tiid our readers in deciding it wo propose in a brief articleto give a ; ow pointers as to the resorts readied by the picturesque Baltimore & Ohio railroad. Leaving Cincinnati via the Baltimore & Ohio Southwestern railroad , a jour ney of a day or a night brings the trav eler to the summit of the Alleghanies , where Oakland , Mountain Lake Parlc ind Deer P irk are located. Deer Park is a favorited spot for statesmen and men notcti in science turn literature. 11 was there that ox-President Cleveland took Ills bride , and President Harrison located his summer capital. The nights are always cool , the surrounding scen ery unsurpassed and the hotel appoint ments and cuisine the best quality. In the valley of the Shonandoali , Vir ginia , were enacted borne of the most thrilling incidents of the late war , and at its head stands Harpor'a Ferry and Did John Brown's lort. Aside from its historic interest , in this valley are lo cated an innumerable chain of springs of variable medicinal and chemical qualities , which combined with the pure lir of the inount'vins , the beautiful scen ery and the comforts of tlio hotels , .uuves . little for the invalid or the pleas ure hunter to wish for. The principal of these springs are Berkeley , Capon , Drknoy , Raw-ley , Stribling .and Roclc- jridgo Batlij , also the wonderful Luray 3iivoriis. Atlantic City , Long Branch and other ocean bcacjies on the Now Jersey coast ire easily reached bv direct rail connec tions with the B. & O. R. R. , while Bar Harbor , the White mountains and other tfow England rosorta are reached via , ho PotiL'hkeopsio Bridge route , the now Boston line of the B. & O. , and the only way by which ono can reach the 'arthor ' Now England points without a .riuibfcr . through Boston. The picturesque B. & O. maintains a complete service of Pullman bulTot sleeping cars from St. Louis and Clnoin- iiti : to Washington , Baltimore , Phila delphia , Now Vork and Boston , its trains are vesttbulcd from end to end md no extra charge is made for fast time on limited trains. For rates of faro , time of trains or information about my of the summer resorts , address the fonoral Passenger agent B. & O. S. W. . { . R , , Cincinnati , O. The Fa until nt liolleviie. The flvo Sunauy schools of the United : jrosbytorlnn churdh of Omaha and South Drnnha hnvo decided to spend the Fourth of lulv at Bellovuo. The train will leave the 3. ' & M. dopoti at 9 a , m. and will ruturn at 0 p. in. Do Witt's Llt'tloEarly Klsors , best pill. _ Jm A Pure Cream of Tartar Powder. Superior to every other known. Used in Millions of Homes 40 Years the Stantlard. Delicious Cake and Pastry , Light Flaky Biscuit , Griddle Cakes , Palatable and Wholesome. No other baking powder doe ] such wotk < - RIREWORKS : Waterworks : man works ; woman works- , yon work ; everybody works , even WE work , None of us work * for fun. We all work with some object in view , and with most of us that object is the large American dollar with the cade on one side , and [ as usual ] with a handsome woman "at the bottom of it. " We've worked hard for your patronage this season , and we've had a good big generous share of it , too. We want to wind up the season in a "blaze of glory , " as it were , and from now until noon on the G-1-o-r-i-o-u-s Fourth we will offer yon yonSaiteen and Veete : In handsome pin stripes , in blacks and nobby shades of blue , in AT sizes from thirty-four to forty-two , worth and usually sold for 1.4O two dollars . Will still buy one of those elegant Black Mohair Alpaca Coats , in any I size from thirty-three to forty-six , that arc worth from two seventy" five to three dollars. . We will continue to sell those beautiful Hrilliantine Coats and Vests , in handsome shades of tan , brown and mo.lc. in all regular sizes' \ 1. worth just three dollars AT All in cash , will still buy one of those magnificent corded Mohair Coats and Vests , in any regular size , in any one of a half dozen different shades and colors , worth four dollars. Until Saturday noon you can buy one of the finest Drap d'Hte bats and Vests , in blacks or colors , in any regular size , worth worth five or six dollars FOR you're going to dress up in your"Sunday-go-to- meetin' " clothes on the Fourth and look slick , O your outfit won't be complete without patent $2.50.O leather Shoes. We offer for your considera tion twenty cases four dollar patent leathers , in lace and congress ; any size or width , at $2.50. Open Till Nine O'clock Thursday and Friday Evenings. NO GTJREL ! NO F > AY. 1316 Douglas Street , Omaha , Neb. B 9 BLOOD ! Pimples on the Paoa J Breaking Oct | Bkln Troubles | LlttloBoreai HotBkla ) Holla l Blotches ) Gold Bores ) Bad Breath ) Bore HoutU or Lips | If } oil > ulrir fiom OUT or ic.o * ) uptoni > , FOK SALE 11V IvUIIN & CO. . Onmlm. Easily , Quickly , Permanently Restored. AVoiiknc. . . NervouMivmi , Debility , nnd nil the train of ovlla from early orrorsor Inter OSCCSSCK , the results of overwork , alcknris , worry , etc. Full etrenglh , development , and tone elvcn U > every orKnn and portion of tbo body. Blmplc , natural method ! , . lunniullato Improvement eeen. Failure Impassible. i'.OUO references. Hunk , explanations ami proofseiallcclsenleU ( ) free. Aiiilresi ERIE MEDICAL CO. , BUFFALO , N. Y. . . . . . . . . < , tlio ilclillitiitr.1 , vlietlior from rxfi-imir work or iiilmlurboily.di Ink iiroxnimiird III MALARIAL REGIONS , \vlll ( hiil Tntt'H I'llU tlio limit Ki-nlnl ro- 8torutUuu\ur < illurviUliofiUtltirliiiutalltl. Wo mnko moro rlnsteis thun nil other raaki-rs In this country comhlnoil , liconuso tlio puhllo npi > reolato the rm'i- it tliut uxlHs In our cor. JIKNSON'S Isllioijnlvi , v dlclnal plaster for hoiiMi- liolil use. all other ; ) helm ; weak Imitations , ( let the Genulna. HOTEI. . * / . .T'ir i"for , t-lth "iirnr-t , d tlm nti > nt HiiliHtiinllnllit Ilott-l lluililtnu in Oinnlin. tii-tck / / irtillH rtiiiiifiirrain t tu / : All " celllnui < inil eil tritli .IntiVHta * / / jti-uut nl li'tiuiliinu It tiHiiainlbl to bunt Itnlliltiiii. Stettin In-lit , tuitl iittn-i- mill HUiiNlitinn 'ftiblo tiilHiii'immtiitl tiiu B. SILLO WAY. Prop. 'OTEL U Centrally If All the Latest Localoil luiprotetneuU. llrnuilwuy t lint St. , Nmv York. AMJiKIUA.V AM > Uimoi-UAK I'LA.V. AMUSISMRNTS. BALL OMAHA -VS.- Sioux City TODAY. Ladies , full privileges cents. Game ut 4 o'clock. EDEN MUSES Cor. llth anil iMirnam Street * . WIKK : OK JUNK aim .lo cph K Coliin , I'lJ.-o S 1C Uiouli , the bof rlilot of the I'nwneo Inilliini , will k'otnro nn the Hiiporntl tluiiHlileia uiul hiiblt , uf the illftoroni trlbuii of Siilnrlan Quartctto. W W. Ili'tU'rn'H drnmntlc companjr proscntlnit tlmt xrc.il pi.ly tlnclu Juili Unj illiuu udmlts to nil. Open ilnlly from 1 to 10 DOCTOS , THE SPECIALIST Moruthan n roir * nxporlenoj In tin truit mi' > ' PBIVA.TB DISEASES. Acuro Kuarnntueil In 8 to5 rtayi , without holDii' ) ' un hour'i tlaio. The moit complete ml alitohito euro for ulnot nn I iillannoyliiBUIschnrKua uver known to Iliu iiio'lloil ' profo luii. I'eriuanantly curu.1 In fromi to It Uijri STBIOTUBQ Orpnlnln nillovlnif the blmlilor curoil without piln orln triiinunl . no cutting no illliiliiif I'ho moit rcuiuikabluruliivitr known tomoilurn > ol'iioj SYPHILIS. rurcil In SO In HI ifijrn Or. Mtdruw'i trmtiiiunt fo- lhl turrlblu liluinlHI'DKOli it boon priimiiiiiu' I I U mint iioeo fnlruiiijilri | > T ir rtUoivor.il for 1 1" ' < roliilo curci of tlu ill < o-n3 IIU ICCUM williinn dUiMnu li.-ii nuver buun 0 11 illol. A cjinplotj oarj M.VNHOOD nea , nll uiknoMQi ollloneiiiul anint. nerve H- Anil ilmlillty unit despon luncy nlnciluU"curui ! Th urullut U lniiiiu.il mun I rompluto SICIN DISEASES , nnil nil illMiniei of tlio hlouil , llrur , kl.lmri. unl blaililur iK'rniununtly curu I. FEMALE DISEASES Thniloctor 'llnir.oTrciitmont" for l.nlu ! li pro- noniuc't by nil who hire mu'l It to ha thu mutt ruin- plctuiinil conri-nlont roinuily ovur oiTeruil fur tU'J irimlinunt of lum ilu 4l > i"i u . ll U truly n wuiHlurf.il luuiuily llouri lur luillet , from 't to I only. DR. MoaUEW'3 .MnrvollotM gurcnii In the treatment of prlr.ito < tli. C'uii'H lui , win for him n ri'MUlnllon whlth l > trulp ii.itlciinil In c'nirartiir. nn.l hl > uTii.il army of pitlinti icachn * from Iho Atlantic to tlm 1 ' .if I llo. 'I lu ' 1 < > Uur l n urailtuite of "rujnlir" inmllclno anil Im li > y lonit anil caruful oporluncu In iKMiiltil prauttti ) , nnil li elatiiid nmaiiir lha luvlliu poulniliti In mo ! i-rnncloncu. Tnitni nt by corro nonilinfl' > WHO for circular * uboutoiii-h of HIM ubovadliutoi. frtu. Olneo. Mth ana Faruain Stroofj , Unuru Nob. Kntr.iuce on olthur utrout. nnnllTI SANDAI.WOOII cAi-8ut.Ks ru tno Illlilll I A t > * lnn4 onpr capiulai ( " "Crlkel by UUUU I n uUr phyilclani for tlm curd of Oonorbaa una ilUchurtiut fiom th * urinary orfc'nm , ll.W per buz. All Ice Cream in Thirty Seconds , Throw Awny Your Old Krooior. Itoom 10 ! ) lieu HliPg , Onmlm , Neb C5T" Do not confuse THE MUTUAL LIFE INSURANCE COMPANY OF NEW YORK , with any other Company of apparently similar name , , but less magnitude. J Bear in mind that there i is no Life Insurance com -Vs pany called " The New York Mutual Life" and that there is no Life Insurance - u ance Company chartered by the State of New York , authorized to use the word MUTUAL in its title except THE MUTUAL LIFE INSURANCE COMPANYJDP- NEW YORK. ! RICHARD A. McCuRDT , ; PRESIDENT. ROBERT A GKANNISS , VjCE PRESIDENT. 'W'V , " -I .IN/a-tnr.UlnlCHo'JOd.ri Wnrplilno llnl.il Nliptrtlllcurtd 1)U 1 STEUJCNB.t.b.Dto 0 , DR. BAILEY , Graduate Dentist. AKulIHut of Tooth on llubbar , lur HVrJ HUI.I.AIH. A imrfool lltuunrftiituol Tooth mtraotdl lliiint pilii or ilaiuur. not lliuulniinu < tbitloi. UolJ anil invar illlliMt At Uiwoit matt. llrlili/o uii'l ' Crown Work. Toetb. vtltiiuut plnlot All work nur- OFFICE , PAXTON ULOCK , 16TH AND FARNAM Entninco , lotb troot cla utor. O oa ergnlaai Hid o'clock. . ' ' N K13 K A. y'lCA National Bank r. s. uEPoairo.tir. UMAHA. Capital , - - - - 4OOOOO Surplus Jan. 1st , 180O , - OiJDO / Olllnim anil Ulrootorslluurf W. Yatetl'reilileli v v > wli H. llui'il , VUo l'roi > lil nti JnnigV BnYa e\V . V .Mono. John S. Collins It. U. Cuthlnit , J. K , 11 1'utrlukV II , H. lIUKhvi Cmhlcr. Tl-im IKON BANK. Corner 12th nud Kftrnaraan. QcucralUaukluiUmlueuTrmjagt ei.