8 THE OMAHA DAILY BEE : FHIDAY , JULY 3 , 1801.
NATURE'S ' BOUNTEOUS SMILE
Nebraska Will Have Such a Harvest as Sh
Nivor Had Before.
NO DROUTH DANGER THIS SEASON
Everyone Agree * Tlmt .the 1'lcltl o
Grain Will Ho Without 1'rrec-
.lent Homo HoportH from
Interior CountlcH.
This morning TUB Hun prints a few of i
largo number ol oroD reports sent In frou
the different counties. Tneso have bcei
taken nt random , but their unanimity on th
ono grant point n bountiful hirvo : U ovl
donco that the smllo of Ceres has been bnghl
on Nebraska this season. Corn was never It
bolter condition than now , and the stand o
moll grain surpasses anything over ttuowt
In the stato.
Ono of the most notable features o
the reports U the great Incrcasi
In ncrcago of unuill grain. Whoa1
and oats show an Increase In acreage of frotr
10 to 75 per cent , aiid as the harvest timt
draws nearer the promise of the field to tin
farmer growH brighter. Ttioio rains will ta >
the warehouse facilities of the state to th <
utmost this year.
In that portion of Nebraska which was s <
eorclv stricken with drouth last year , tht
crop prospects are such as to cause the rcsl
dents almost to forgot the misery of the win
tor. The summer is bringing glad rncom
penso to those who understand the severe
hardships and privations. A splendid crof
will bo the reward of the pluck that persisted
In the face of the moat adverse circunv
tancos.
lUuliio County.
The present prospects for wheat , rye and
all other small grains are very good , hotter
In fact than ovur Known before. It is esti'
mated that wheat will ovcr.igo twcntv-livo
bushels per acre , and all other small ( train in
proportion.
The corn prospect Is not as peed as at this
time last year , but the ground Is thoroughly
moistened and there is no fear of a repetition
of the drouth of 1SD. ! ) Tha ucrnago of wheat ,
rye , oats and barley Is about three lime * as
large us that of last year , wnllo corn has de
creased to about one-half of what it was Invt
season. Llvo stock of all kinds Is doing well.
Gru/lng l.s splendid and there Is going to bo
nn abundance of hay. The loss of livestock
Irist winter was loss than t ! nor cent , although
there was a shortage of all kinds of feed. The
loss of hogs , however , was as high as . ' ! 0 per
cent for the reason that thera was no grain in
the county to feed to them.
Fillmore County.
Crop prospects arc the host ever known.
Corn is a little Into but looks fine and
healthy. The acreage In small grains , as
well as corn , Is larger than last year and
there has been a good dc.il of breaking of
now land going on this season , lielow lint )
number of acies in various crops as returned
by assessors for Ib'Jl :
Wheat 1P.IU2
Com 1P-.717
Oiiti SJ.I.V.
llarloy SIS
Tame crass 10,1111
Kvo 1.4IS
Mll'Ct ' Ki' )
Flux 8ria
lliuum corn , 1411
Ori'oloy County.
The prospects for harvest wcro never
better In any locality , than at present in
4 Greoley county. Every acre of land hereto
fore under cultivation is utilized with an in-
crcaso of acreage from last year of about ! U
per cent , all looking as prosperous as could
bfcrwished. .Unless something out of the
usual order of things takes place , the harvest
will bo'tho larirost over known. The rains
huvo been seasonable , and there can bu no
fear that drought will shorten the crops in
the least.
Hitchcock County.
The average in wheat this year In the
county is slightly in excess of last year and
the crop prospects are the best for the past
four years. It Is mostly spring wheat and
will yield from twenty to thirty-five bushels
per aero at a conservative estimate. The
ncreaiio In corn , potatoes , oats , llux , broom
corn and buckwheat Is about the sixmo as last
year. The prospects could not bo hotter. If
tlio season continues as favorably as to date
the crops of all kinds will exceed all former
years.
Wnynn County.
Since the settlement of this county began
nothing lllco a failure has Upon experienced.
It Is estimated that the acreage of coin and
other produce this year exceeds that of last
year by ut least 20 per cent , and that not less
than fifteen thousand acres of breaking has
been done in the county this season. The
crop outlook at the present time is very line ;
corn Is a little backward but has a line color
and Is growing very rapidly. Flax ls 1m-
rocnso and the largo acreage near Winsldo
promises an abundant harvest.
Stanton County.
The crop prospects worn never better at
this time of the year. Last year Stanton
county had the best crops In the state , and
the outlook now is that .she will maintain her
record In that respect this year.
The acreage In all kinds "of farm produce
has been increased this year over last about
'
10 per cent. There will'bo more land opened
In the county this year than Tor any previous
two years. _ _ _
Itock County.
The crop prospects for thu coining year are
the finest that have over been known , and
the acreage la about double of what it was
last year. There was shipped out of the
county last year about 25,000 tons of hay
which represents about onu-foucth of nil that
was harvested. In addition to this there
were a largo number of cattle and hogs ,
many cars of grain' , potatoes and vegetables
shlppud out of tha county.
Snott'H llliilV County.
Crops could not bo In better condition , the
ncrcago of small grain being larger than over ,
although corn suffers a corresponding re
duction. The ground Is In excellent condi
tion and the cereal crop Is Insured ; hay will
yield bettor by far than last year and winter
pasture U made.
Hlioi-iuan County.
The crops of this county are exceptionally
flue this year and the acreage U fully 0110-
thtrd larger than last year. It U a common
remark of travelling people to say that the
crops of Sherman county are as line as there
are in the state , and for clean coinilulds It
itumls at thu head.
Dlvon County.
The crops In the county this year will , ac
cording to the opinion uf some of our best
posted fanner * , bo at least Vo ! per cent more
than last year. The number of acres mi dot
cultivation 1s about one-fourth greater than a
year ago.
Keith County.
There about 24,000 acres of ground under
cultivation divided as follow * : Whe.it , 8-
WO acres ; eaU , 1,000 acres ; barley , 500 acres ;
corn , H,000 ncriw , The average of all cereals
U about one-half less than last year.
Joftm-Hou County.
The crop prospect never was bottpr In the
history of the county. Coru is the principal
crop although tboro Is a larger acreage of
wheat than last year , and the same may bu
aid or Ilax.
Nuckolltt County.
The crop prospect Is Immonsa In every par
ticular , The Increase In acreage is especially
large In oats , wncat , rye ana Ilax , and the
yield prcuaUos to bo ovor-abuudant.
Llnuolu County.
This county has never had more flattering'
than at the prosout tliuo. Tlio are
ago In crops thlt year * exceeds that of liwl
year by about ono-thlrd. The a-munt In
small grain Is very largo , being nearly double
that of any preceding Reason , At this tlmi
the small grain promises an unpraccdontei
yield and o.nimiucs are made as high as fifty
and sixty blishels per acre. The corn crop Is
late , but promises well , as the stand was
never hotter.
There Is a l.irgo Increase In the acreage
planted to potatoes and thU U becoming a
standard crop in this county.
Itni'lnn County.
There never was , In the history of this
part of Nebraska , such a magnificent pros
pect for all kinds of crops as the prosonl
tlmo. The crop Is assured , and in n short
time will bo rcaay for harvest , and this har
vest wilt bo the most bountiful on record ,
The acreage of small grain thU yc.ir as com
pared with last will exceed It probably ono
third and the yield will bo more than five
times as great.
Corn Is a little backward owing to so much
cool , wet weather , but promUoi a largo vleld
and the ncreiico has Increased over last year
probably 20 per cent.
Nit iioc County.
There Is a largo increase in acreage of all
kinds of crops. Never did the Nebraska sun
shine on bettor projects for abundant crops ,
than nt the present tlmo. The ininy rains ol
spring and early summer nro stored In th o
sponge-liAO subsoil , ready to give their aid to
complete what Is so well begun , and everyone
Is Jubilant over the pnnpeot of the greatest
crop of grains , grass and vegetables over pro
duced.
Adams County.
The crop pro'pcct In thU county was never
brighter. The yield and ncrcago of small
gram Is fullv 7 , " > per cent greater than In the
year 1SOO. Moro small gram will bo har
vested In the next ten days , than over before
In the history of the county. Heavy rains
in Juno have slightly retarded the growtli of
corn , however there Is a good stand and
there \vlll bo an average yield.
D.iWMon County.
Plentiful rains had much to do with the
present flattering prospects for au immense
crop.
The acreage under cultivation has increased
! )0 ) pur cent at least ever last year , and the
acreage of small grains as compared with
corn is largely increased.
Driii'l County.
A largo acreage of small grain has been
sown and it Is now a certain crop. There isle
lo s corn planted than last juar , but what
there Is looks splendid. Llvo stock Is doing
well on abundant pasiuro.
l.oup County.
The ncreagn of small grains has increased
about 2. > per cent and never looked bettor.
Corn acreage about the same as last yoir ;
somewhat backward but looking good.
Onrtlulil County.
The crop prospects in this county are ex
cellent. The acreage of small eruin Is larger
than nt any previous time. Coru acreage is
about the same as last year.
Inilio County.
There has never been a crop failure In this
county and this year all kinds of crops look
better than ever before.
FranKliit County.
There are 110,000 acres under cultivation In
this county. Crop prospects are excellent , .11
fact were never bettor.
NKIJIIAMCA'S CHOPS.
Two Agriculturalists Toll What
They've Ileoently Seen.
Assistant Gciicral Freight Agent Smith of
the B. Si M. has just returned from a trip
over the main line of the road and is loud in
his praises of the condition of crops in the
southern portion of the stato. At several
points along the lluo the harvesting has al
ready commenced and the complaint is gen
eral among implement dealers In that section
is that they cannot set machinery fast
enough. Ono ooalnr iu a small town on the
line tola Mr. Smith that ho had sold 125 bind
ers and that ho had orders for several rnoro.
Another said ho had orders for forty-seven
threshing machines and ho only had thirteen
on hand to fill orders. In Mr. Smith's opin-
; ou this of itself was substantial proof ot the
tremendous yield in small grains as a farmer
would not bo likely to invest $150 in a binder
unless ho was going to have a largo crop.
At this moment Ben Baker , United States
attorney , happened along and joined In the
conversation.
"You can hot your boots there Is going to
jo a largo crop In tbis state , " exclaimed Mr.
linker with much emphasis. "I have just
been down In the southern part of the state
ind drove over several counties in a buggy
'
and I can say that there is fully five times a's
arge un acreage as there has ever been bo-
'ore. Moreover the yield Is going to bo much
arger. I think wheat will yield lully twen
ty-live bushels to the acre. "
"How about corn ( " was asked.
"Corn is in elegant shape , " said Mr. Ba-
cer. "In a few places there has been too
nuch water and corn will not do well , but I
don't think there Is more than one-fourth of
1 per cent in this condition. The corn in the
southern part of the state is In Just at good
shape as the small gram. It is clean and has
a good stand r.ud wo are sure of a eood crop
\vhothor wo get any moro rain or not. "
"The country Is sure of n good crop this
year and next. " said Mr. Smith outhusiabt-
cally , "If wo don't got any moro rain for a
year. The irround is thoroughly soakbd and
we are bound to U wo good crops. "
Omens of it Great Crop.
Sr. Pvi'i , Minn. , July a. The crop reports
from Minnesota , Dakota and Montana con
tinue most favorable. There has been moro
rain this season than at any corresponding
period for several years. Wheat Is In line
shape. Other grains are also above the uv-
erugo and meadows and pastures are better
linn for years. The mild winter brought
ho s.tock through In good order. Owing to
the Increased acreage it Is feared the crops
cannot bo properly harvested , particularly in
the Itod river valley , owing to the scarcity of
lands.
Tor beauty , for comfort , for Improvement
of the complexion , use only Po oni's powder ,
there is nothing equal to It ,
The Fourth of July.
July 3 and I the Chicago , Milwaukee
it St. Paul railway will sell round trip
.lokats between all stations on their- line
for one and one-third faro. Tickets
rood for return passage until July 0.
1'iokot olllco , 1501 Kartium street.
Sold Liquor to Lo.
A deputy United State * marshal from t'lno
Ridge agency arrived iu the city last evening
bringing with him J. U. Taylor , u colored
man , who Is charged with having sold liquor
to the Indians.
The American Savings bank. Dovd's
opera house bulltUni' , will remain open
until 8 o'clock on Friday even ing , July
8 , to accommodate its patrons.
Ono Vour Kuoli.
Judge Dundy pronounced" sentence yostor-
tcrday upon J. W. Moorp of Klkhorn , found
guilty of dufraudlng a widow out of fcV-'OO
pension money , and Silas 1'urdy , fuunu
guilty of tolnlng nud circulating counterfeit
money , .
lloth men wore given a year each in the
United States prison at Sioux Falls , S. U.
Do Witt's UttluEarly Uisors , best pill.
ic.votmsioN lOToitovro. ONT. ,
VJii thu AVjilmsIi Itallroa I. " *
For the national educational conven
tion ut Toronto. The Wiiliush will soil
ound trip tickets July 8 to 11 $ at half
ara with siOO added for membership
DO , good returning until September HO.
ivory body invited. . l xcurulon rates
uivo boon miulo from Toronto to all' the
summer resorts of Now Kugland. For
tickets , Bleeping car accommodations
vnd a hnmUomo t-ouvonlr giving full
nformutlon , with cost of side trips , etc. ,
call at the Wabtish ticket o nice , 150U
Farnam Btroat , or write G. N. Clayton ,
northwestern iwsongor agent , Omaha ,
Nob.
UMK COUKT DKCIHIONH.
Syllabi of Opinions Handed Down
Yesterday.
Omaha and Florence loan and trust company
vs Hanson. Error from Douglas county.
Affirmed. Opinion by Mr. Justice Max
well.
Wlirtro the court falU to write the word
"given" on the margin of oauh limtnictlon. as
i on n I rod by the statute , oxcopt'on ' limit bo
specially taken on thut itrotind. as thu objpo-
tlon does not RO tj the substance of thu In
struction.
Under our statute of llriltntlnns. If a party
establish in hlmsolt or In cnnnuctlon with
tlio e under whom he claims an actual , notori
ous , continuous and exclusive possession ot
land as o'.rn.r fora period of tun years , ho
thereby acquires a title to the land and thin
liresfecthcof any iiuustlon of motive or nils-
take.
A person who U In the adverse possession nf
land dot's not break tlui continuity of pos t > H-
slon by imrclmilnit the Und at tax S'llo and
rupulvlnu a tax deed therefor. In miuh cnsu
where thuru Is mi aotuil bruak In the posscs-
HIOII , the advuisu occupant may relv uuoii liln
a'lverto ' occupation un I also h s claim or tu\
Hun. In iilhur wonK ho may uonihlno all the
rlnlitn tio-nusjcd by him In dofomo of his pos
session
Instructions given on behalf of defendant
huld applicable to the testimony.
The Farmers' and Merchants' bank of Shelby
vs Dunblor. Error from 1'olk county. Af
firmed. Opinion by Mr. Justice Norval.
A verbal accent moo of a chock , by the
drawee , Is valid and binding as If the nc-
copt-inue was In wilting.
Taylor vs Trumball. Error from Douglas
county. Reversed and remanded. Opinion
by Mr. Justice Norval.
A Judgment on default was entered nentnst
tin ; ddfi'iidiuit. At thu paine term of court the
defendant moved to Hut aside the judgment
and di'fiuilt. MiowlnB that ho was not Kiillty
ol laches In falling to answer , and that he has
a good dcfonse In part to thu action. Thu mo
tion wasdunlud ; bold , on or.
I'lcasanls vs Blodgott. Appeal from Lan
caster county. Atllrmed. Opinion by Mr.
Chief JusticoCobb.
A p'irty buylnn real property which Is In the
actual po sctslon and occupancy of another
poison. Is charged with notice of any rUlit
title , or Intoiost whluh such occupant IIUB In
such property.
The ex Idunoi ! examined and hold to sustain
the ( hidings and deoroe of thu louur court.
Tucker vs. Cannon. Error from Douglas
county. Afllrmod. Opinion by Mr. Justice
Muxuell.
\\horo Instructions ro < iiiosted by a party
have boon piovlously given In substance by
thu court on Its own motion. It Is not error to
refuse to ulvo thu Instructions bO reiinostod.
Insti notions requested must bo applicable
to the testimony , and stutu the l.iw correctly
In order to predicate error upon tlio lofnsal to
gl\o the same. .
City of Omaha vs Aver. Error from Douglas
county. Allirmcd. Opinion by Mr. Chief
Justice Coub.
The Instructions clvon , and those requested
and refused u\'amlncd and huld piopurly glvi-n
and refused.
Kvldcnco examined and hold to sustain thu
\erdlot.
McClny vs City of Lincoln. Error from Lan
caster county. Alllrmed. Opinion by Mr.
Chief Justice Cobb.
Under soot Ion 1 , chapter 53 , revised statutes ,
tStltl , tlio commissioners of I.'incastor county ,
upon a petition for Hint' purpose. In Isffi ) . In-
corpoiatod thu tonnof Lincoln to Include cer
tain boundaries ; hold that their action Is not
void tboiiub curtain lands notplattud wore In
cluded. So. 1'lntte li Co. vs liullulo .county.
15 Nob. . GI5.
1 ho town of Lin oln was afterwards Incor
porated as a city of thu llrst olass , Inoludlns
tlio s.inio unplatted lands , and In the years
ISM. Isb'i ' , 1RS7 and lss the proper authorities
of thu city ussossrd the unplatted lands for
taxes and luvlod thoruon tixeS tor city pur
poses. On Junu .1 , Iss't ' , lumoto owners of cur
tain of the unplatted lands paid taxes thereon
under protest and notice , and on Juno IT , ISal ) ,
coii'menced suit for rooovory ; huld that Mich
action eon Id not bo maintained. 15 Nob. , O0. > .
Thu piovlbtons of section 3lt. chanter KI. com-
[ > ilud statutes , that no appu.il bond shall bu
icqulred of tbii olty by any court In any ac
tion appealed by thu city ; huld. not repug
nant to section 15 , article U of thu constitu
tion of tills state.
Volland vs Baker. Error from Webster
county. Afllrmed. Opinion by Mr. Chief
Justice Cobb.
In an appeal from the county court to the
district court thuru may bu claimed by an
unemlcd petition un amount of damages
equal to that which could have been ruoov-
01 ed In thu court. IS Nub. , liUs.
Tlio vendee of aejuittol purchased by nego-
tlabln note , tr.uisforied to third p.irty , may
ceovurunundors warranty tlToii h the note
ias KOIIU to Judgment at law and not p.ild. 11
X W. H. bS ; Kllblil , lib.
The Instructions given and refused ex-
uiiincd and hold propurly glvun and rofusod.
Kvldunc'U \aininud and huld to support
bo verdict ,
. 'hcnix insurance ompany vs. Bacholder ,
error from Sarpv county. Reversed and
remanded. Opinion by Mr. Justice Norval.
The policy of tire Insurance contained u
olauso If the usiiiiud fall to pay Ills premium
lute at thu tlmo specified , then thu policy
should cease to bu In force and remain null
and void during the time thu note remains un-
lald after maturity , and that the payment of
thu premium rovlvus the policy and nnkos It
good for the balance of the term. Thu pru-
iiliini note matured before the loss coiu-
ilallied of , and had neeibeen fully paid.
lelil that the company wits not liable , t-ueh
stipulation In thu policy can lie waived by thu
company , but snob walvor must bo plead and
> roved to avail thu Insured. The absolute de-
ilal by thu Insurer of all liability , on the
lound that thu policy was not In foice at thu
nnuof thu loss , Is "i waiver of thu preliminary
iroof of loss requliod by the policy.
\IcDonaldvsMoAlllstor. Eiror from Platte
county. Alllrmed. Opinion by Mr. Justice
Norval
Where a district jourt ivis Riven a party
orty days from thu iidjourment of a term to
educe his exceptions to writing , tlio judu'o
las authority to extend the time In which to
nep.iro and Borvua bill of executions , for a
lorlod not exceeding forty days additional ,
vhon It appears that thu p irty sooklnjthu
> lll has nsud dnu diligence. Such power
exists , notwithstanding tlio period first
vllowud expired before tlio auptluat.on for an
extension of tlmu was made.
Notice of such an application to the advurso
> arty Is not Indlsponslblo to jurisdiction.
An application for thu postponement , of a
rial tea later day In thu tuim , or for thu cou-
Inuanci ) of a uaitso , Is ttUdressod to thu
ound lu al dlsuiullon of the eouit , and thu
nllliK thereon will not bu disturbed , In the
ibsoncu of a showing that thuru has boon an
abuse of discretion.
A motion for a nuw trial must bo filed at the
uiinof court thu verdict In rendered , and
oxoupt for nuw discovered ovlduncu , within
hruudays aftur thu lutnrn of the verdict ,
inluss unavoidably prevented.
Causing vs. City of Lincoln. Error from
Lancaster county. Afllrmed. Opinion by
Mr. Justice Maxwell.
The alloy Inclty block Is for the special ben
efit of thu suvoi.il lots abuttliu tlluroon and
indcr the prunlsons of sub-division iU , section
S chapter I.I , a compiled stautes not to ex
ceed ouo-hiuf of the cost of paving tauruon
> pposlti > each lot may bo assessed upon snob
ot. It a .ot has buou sub-divide 1. then the
issossinont is to bo made upon the suvur il
ub dlIslon * upon an eqnltabloand Just basis
n pioportlon to thu bunullts received. It Is
tot nocussaiy that thu sub-division actually
ibutouthu alley Iu order to bu liable fora
lortfon of thu lav. Tlio question of thu
ummnt if sueclal bo-iellts H ono of fain to bo
loturmlnod from thu evidence.
Clark vs. Fitch. Appeal from Washington
county. Appeal dismissed , Opinion by
Mr. Judge Norval.
An order of u jiuUu nf a district cotirt over
ruling a motion to vacate a temporary Injunc-
lon granted at the oommoni'omunt of thu 110-
lon , Is not a final order , and uinnotbo ro-
luwed until thu final determination or thu
MIISU In thu district court.
Cornish & Tibbotts vs liussoll. Appeal from
Lancaster county , Alllrmed. Opinion bv
Mr. ChK'f Justice Cobb.
In an action under section 'ir , of the * code
iKiilnst garnlshous who had denied any In-
lebtcdnoss to the judgment debtor , and the
in IH rutled upon tiy them foradofensocloarly
howud that they hiul money of the debtor ao-
'io lltod to tliom In thulr bank uycqunt , hiib-
uut to Kiirnlshniunt. Ihounh asslmiud to avoid
hat rmnetly , nnd thu claimants appeared and
ostllled for the defonsu wild Judgment for
ho plalutlir , hold no error und the judgment
bujow ami mud , / *
IVodway vs Uiloy. Error -frrtm Dakota
county. Affirmed , Opinion by Mr. Justice
tico Not vat ,
Section L''jdiuf the code of Towa prohibits
ho maiiufiii'iiiiti for s ileor sulllnt : uf InUul-
outliiK liquors "Itbln thu t ilu fur any unr-
KIMI onciipt for pliarinai'tiiilk-al , medical ,
humicHl and hauramtinlal purposus , mid Hum
inly by poroiiH holilliiK permits fioin thu
iropcr unlhiiiIllcs. I'hu IT 1117. bruwlntf eoiu-
pany , without sulk permit , nmnufivetiirrd
and sold In that tal a quantity of beer for
tha nurposu nf bulnzitraiiHUortod to this ittatn !
hold , that the * nlb wus In violation of Bald
Inw. and Hint the town statute does not con-
Illct with section fliartlelo I. gf the fodornl
constitution Mlilch'oonfcrtipon connrcgs the
exclusive power tot regulate Interstate com
merce.
The contract bolnff prohibited by thu lawn
of tlio Mute whom made , Is Illegal and void
thoro. and Its Invalidity constitutes a good
defense In an acttoaupon the contract In this
state.
Central Nebraska'.National bank vs Wilder.
Error from HuUor county. Afllrmed.
Opinion by Mr. Juntlco Maxwell.
Ono W loaned a mtockholdur In a national
bank the Mini of 11,000. for which such stock
holder cave his noto. duo In ono year with In
terest , and to seeure the pavmunt of said note
usilKiiod a tJertlflcato for ton shares of stock
In such bank. At thu expiration of thoyu.ir
now stock was U-mcd and ten shares were
transferred as sucurlty for said dubt. The
ecrtlllcntuof stock containing a powerof nt-
tornoy to tbo cashier of the bank to transfer
said Htoek on thu boo' < of tbo bank , i te. Most
of the ollbeis of the bank had notlco of the
asslirntnt'iit toV of tbu stock as Hoeurlty.
'I bo principal uf thu note was afterwards
paid , but the interest bulng unpaid an action
was brought to recover a dividend declared
while W was the assk'iiuu of the stock. Tlio
principal defunso of thu bank was th.it all
transfers must bo made on tbu books of thu
bink. Muni , that as tlio olllcors of thu bank
had notice that \V was holdlmr thu stock as
security ami made no objection that thuv
must pay the dividend to thu party entitled
toll , thu person then holding the stock , and
that thu rules ot the bank to thu contrary
constituted no defense.
Foster vs Lny nnd Bromo. Appeal from
Madison county. Affirmed. Opinion by
Mr. Chief Justice Cobb.
In an action by V. against I . and II. for spe-
Plllc porfnrniuncuot contract to puioliasu lots
8 , Hand 10. In thu Iowa of Norfolk , without an
expressed condition of forfeiture , buld th it
thonisli tlmo v.-as not of the usspiicr of tht )
contract , In tbu first Instance. Milllclent de
mand and notlco having been given ( lefond-
ants. and the plalntlll' bavins piollutud hH
deed , the defundants should oxecutu tlielr
contractor forfolt all equities and tltlu to the
pi cruises.
Hitchcock vs Schager. Error from Cedar
county. Ami-mod. Opinion by Mr. Justice
Maxwell.
Whuro a oopv of an Instrument Is filed In this
cotirt accompanied by acortlllcateof tlioelcrlc
of the district court that thu original Is lost ;
and thu proof tends to show that It Is an exact
copy. It will not bo stricken from the files on
tbo ground that It Is a copy.
In Instruction whleh assumes curtain facts
not established by thu evidence : Huld , prop
urly refused.
Billingsly vs UickPtts. Error from Lancas
ter county. Anirmed. Opinion by Mr.
Justice Max well.
In an action of ejectment , where a deed was
omitted In the chain of the defendant's title ,
but there was proof loading lo show that such
a deed bad In fact boon uxocntud but not ru-
ooidod : Hold , that a judgment In favor of thu
defendant conformed to thu testimony , and is
alllrmed.
SOUTJt 031AIIA.
P. J. McOratnloft last evening for Chi
cago.
cago.Mrs.
Mrs. Phillips has loft for an extended trip
In the cast.
Miss M. Sullivan loft for Denver to bo ab
sent several months.
Maurice J. Barrow has left for La Mars ,
la. , to visit his parents.
Miss Margaret Graff of Horton , Kan. , Is
visiting friends in the city.
Stock Inspector Talbott Inspected 0,350
cattle during the past month.
During the month of Juno Inspector How
ard condemned eleven lump jaw steers.
Dr. Boyle of the chemical department of
the Cudahy company has cone to Chicago.
John Barka , delegate of lodce 4. > to the
tenth annual convention C. S. P. S. , has re
turned.
Tom Mlohell was severely Injured while
driving across Twenty-fourth street last
evening.
The Bohemians will organize a slncing
society next Sunday afternoon at U o'clock
in Natlonul hall.
Charles L. ScliBfer has returned from
Burlington , la. , whither ho wont to bury his
af ed mother.
William From , car inspector of the Elkhorn -
horn , has resigned to accept a posftlou as
mail carrier in Omaha ;
Mrs. Delia Sulhvnn.of Galesburg , 111. , is In
the city visiting with her mother and sister ,
Mrs. L. and Miss Olive Howe.
Mrs. U. W. Justin nnd family of St. .Too ,
Mo. , are the guests of Mr. nnd Mrs. H.
Myers , Twenty-third and J streets.
The Union club have decided not to nicnic
nt Waterloo on the Fourth , owing to the fact
that flvo feet of water covers the grounds.
W. Pottinger has boon promoted from tele
graph operator at the B. & M. depot and
been given charge of the olllco at Aurora.
The Union stockyards company transferred
to Richard Swift two plats of ground in the
Soath Omaha audition , the price paid being
j"4fUU\J.
There will bo no celebration at Waterloo
on the Fourth owing to the picnic grounds
being flooded. Grotna has been selected in
stead.
Mrs. D. G. May gave an ice cream social at
her residence , Twenty-third and H , the pro
ceeds to go to the Orphans' homo in Council
Bluffs.
The Stockyard Grays will play the Clip
pers of Omaha a game of ball Julv , at Steen : :
on the grounds near Twenty-sixth and II
streets.
The Ancient Order of Hibernians will pic
nic at Council Bluffs on the Fourth. A
special train will leave the Union Pacific
depot at ti:30. :
The monthly report of the stockyards for
Juno shows a gain of U , 100 cattle , U'1,114 hogs
and -100 horses and mules over last year , and
a loss of : iiil : ( in bheep.
The engineers were busy yesterday in seti
ting the grade on Twenty-first and Twenty-
second streets north of J. The contractor
takes charge next week.
L. L. Mason & Co. , who have boon doing a
pro luco commission business nt 420 North
Twenty-sixth stroos , have skipped town ,
leaving behind numerous enraged creditors.
S. N , Decker has Just completed plans for
the First Christian church. The building is
to bo located on Twenty-third and 1C streets ,
and will bo ono of tbo handsomest churches
in the city. *
W. D. Cornncll , the prominent stockman
from Boone , la. , was in with several loads of
cattle , and says that the prospects for good
crops were never better , and that the farmers
are jubilant ,
The First Presbyterians ore about to erect
a now church at Twunty-lifth nnd J streets.
The old building has been sold to the United
Presbyterian denomlnatlon-who will rumovo
it to Twonty-thlrd and N ,
The proposition to grade L street Is mooting
with much opposion owlne to the fact that It
will Injure the high school , nnd several line
residences alone the street will bo several
feet below the stroct level.
Secretary D. IL Goodrloh of the Omaha
stront railway has prominent Councilman John
J. O'Uourko that the company will soon extend -
tend the motor Una ( south to Q .street and
thence west ncrosmtho Q street viaduct.
The now lire team for the South Omaha department -
partment arrived yosterdav. They are an
exceedingly line pair of young sorrels , light
mane and tall , and uro a dead match. Thev
were purchased int Keith ranch at North
Plutte.
Frank Payton , , who attempted ( o shoot
Mrs. Smith at Uib Kuystono hotel Wednes
day afternoon because she would not elope
with him , wits upt before Judge King yostin--
torday aftoriiooat and was remanded to jail
until witnesses could bo .subprcnaed.
All the money appropriated for grading and
pivtng seems lo'be going to the First ward ,
Twenty-fourth street alone cosllnz t4OJO ,
Too councllmeu are bogining to awake to the
fact that some one has led them a merry
dance , and , that thulr constituents of the other
wards will secure very little street Improve
ments this year. '
Dr. Birney euros oiit-irr h. Bee hid/ / * .
owder :
Used iu Millions of Homes 40 Years the Standard
FIREWORKS :
,
Waterworks : man works ; woman works ? } fou work ; everybody works , even WE work , None of us worw
for fun. We all work with some object in view , and with most of us that object is the large American
dollar with the eacrle 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. Wo
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 will offer
- - - - - - - we you
Goate arid VeetB.
AT
In handsome pin stripes , in blacks and nobby shades of blue , in
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
sixc from thirty-three to forty-six , that are worth from two sevcnty-
* five to three dollars.
We will continue to sell those beautiful Brilliantinc Coats and Vests
in handsome shades of tan , brown and mode , in all regular sizes' 1 .
worth just three dollars AT
All in cash , will still buy tone 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'lite
Coats and Vests , in blacks or colors , in any regular size , wo rth
worth five or six dollars POR
you're going to dress up in yotir"Sunday-go-to-
meetin' " clothes on the Fourth and look slick ,
your outfit won't be complete without patent
leather Shoes. We ofier lor your considera
tion twenty cases four dollar patent leathers , in Lice and congress ; any size or width , at $2.50.
Open This , Friday Evening , Till Ten O'Clock.
Shoe dealers will be interested to know that they can find a
fine assortment of tennis shoes at Four Ones , Harney Street.
I also give them notice that the
and Shoes
Have been greatly improved and will be very extensively ad
vertised the coming1 fall and winter. My trade on the New
Jersey Goods this season is "out of sight. "
Take my advice and place your orders now for fall and win
ter. I do not retail any goods , nor , am 1 interested in
any retail stores.
Get your Rubber Boots , * Shoes , Felt Boots , and German Sox
at headquarters and save money.
Z. T. LINDSEY.
Omaha , Neb ,
f
NO GUR.EX ! NO PAY.
1316 Douglas Street , Omaha , Neb.
Many years' experience. A rosular craduato In medicine at diplomat iiiow. Ii itlll treating with tin ,
reateil uccesi , all NerTous , Chronic nnd I'rlvnte ll eit iu A paruiiinent euro Kiiurnntecd for Catarrh
Bpermatorrlicen. I.o t Mnnhood , KomlnaJ WenkncM. Night hoiui , linpotuicjr. H/phlllj , Htrlcture , unit nil
dlirniea of the Illood , riklu n < l Urinary Orifuni. N H I ifuarnnloa r < W for nory cine 1 iindorlake and full
. . .
locuro , Crninlinilon fri-o nnok iMntcrlet of Mfe ) nt rr u Oiltco houre 'J a. m to B p. m.
10 a in. to U in. bend itamp for roplr.
tt give relief like" Dr. I'lorce'tt Magnetic , .
Truss. " It limourrd thousands I If ) ou wanttha
MHhT.sen'l ' la In ttampi < or free I'aiiiptiln .V > . I.
\Iaunillo llln.tli ; Tru. Co. . hull FruurUro , ( u
IjjDiiu's I'crloillual I'llls.
TbU trench reiuvdr ncti rtlrectif upon the genera ,
life "organs and cures suppression of the meriies ,
tlorthreo for 15 , and cnn to ni.illuil hhould not lie
uiod during prugnnncr. Jobbers , druggists and the
public supplied by Uooduiaa Drug Co. , Ouiaha.
UAI'BUI.KS ara the
DOGUTA b it an4 only capiuUt preio ar * to *
rviiular phrilclan * for lha rib.4 br
Qonorboia and dUchargoi from to < urlaar cur of
uUerUed. of > C'1UU 0 , IIM PJr box. AU r urguua
reuivdy fur nil th
unnalurr , ' rtUclmi < re an * .
prltalriJUuiirvinf ir.cn .i
certain cure for the dclilll-
tuting wtu
to nnmra.
In rermnmiudlne It to
&I1 suner * rs.
- J STONER.MD.OicuuiAl.
MoM lir Hruirnlsus ,
I'sliCK ttl.OO.
Tfl WEAK MEN nafferinf Uia routhful effocU trron from ol
early decar , wsuitlng neaknrsa , loit mannood , eto.
t will seud valuable tmutUo ( xalod ) cnutnlnlni
full particular * for homo cur * . Kit UK of cbarga
A spltndld medical worlct should t > a4 tr fr )
tnaa nhn Is ncrrnui anil dsullltateii. 'Addrert '
if tor , v , c , i'o wiittu , Mooau , coua.
SAVE \OUR EYfiSIGHT'
OPTICAL
HOUSE
or TIIK
ALOE & TENFOLD CO. ,
Practical
And brunch of world rcnnwnort optlo.il establish
ment of A , S. Vloo , x Co. , St. Luuli. Our method U
etii'orlor lo nil othori ; our Icrnei rue superior : will
lint wr.iry nr tire thu ojca. Tha ( rnuu'i properly ad
justed 10 thO fHCO.
Eyvs Tested Free of Chararo.
Prices Low for First-class Goods.
THE ALOE & PENPOLD OO. ,
114 3. ISth St. , Next t3 PoatDffloo * 7
National Bank
U. B. DEPOSITORS. OMAHA. . VS3
Capital , - - - - S4OO.OOO
Surplus Jan. 1st , 189O , - aa.BOO
Onlcem nnd Directors IfourjrV. . Ynto .l'rosldent ,
I.-wla S. lleeil , Vlco 1'rOHlitant ; Jnmea W. Saviiuo.W
V Mursv. John H Colling It. U. Cinliliu , J. N. U
1'ntrlckV. . II. H. ItUKliuD' Cnshler.
Tl-IIS IRON BANK.
Cornet 12th uud Karrmra Jt
Gciirral Itunklti ; Dullness Tnuiitnt , rd.
COT
INTEREST PAIDONDEP05IT5
aTOMAHAlOANSTRUSTCO.
5E.COR. IG
CAPITALS IOO.OOO.OO
DintCTORS : A UWYM/UI-C.W.NASH.
JHMIUARD'GUV-CBARTON-G.B. LAKE.
J.d.BROWN-THOS-L.KIMBALL.
DR , BAILED-
Graduate Deptist.
A Full Sot of Tooth on lubb ( r ,
for hIVK DIII.I.AIU. A perfect
lntuunruiilooil , Tooth aitrftCtol
[ Mwltliout piln or Unnner , nnl
Vjnlthout nimuithetlci , ( loM anil
1illTor Mlllnm nt liitrou raoti.
llrldvu unit Croirn Work. Teeth
nlthuut plntuj. All nork r-
OFFICE , PAXTON BLOCK , 16TH AND FARNAM
Kutninco , loth itreol clorator. Opou oittulaft
ButllU o'elotk.
o'elotk.lEOTEI. . .
viirrav , ' . t-ttn < in < t
tiiont niiliHt < intl < illit
iluti'l Jlnlliltnu lit OJIKI/HI.
lu'iii'H In-let : / / iriillH rnnnliiu / > < " <
bttm'iiii-iit to roof. All tint feilliiv * unit
( looi-nHneil irttl ; AntiititoIre i > roof
nl nn , iiinlilnii It iiniinH.iilitii to titirii
fitiifli. flrr rriiiir/i unit / * iitttrin *
tltr < iiif/lmut tlio uiillilliiuhtrnin Imitt ,
lint unit i-uiit iiiitiiiiinl MitiiHlilnalii
IIIIMUI'IKlHHCll * ! /
B. BILLOW AY , Prop.
For muacular eoreneaa
use Pond's Extract.
JOSEPH GILIOTT'S ' ,
STEEL PENS.
GOLD MEDAL , PARIS EXPOSITION , 1880. \i \
THE MOST PERFECT OF PENS.
