Nebraska Newspapers

    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.