Nebraska Newspapers

    8 THE OMAHA DAILY BEE : SATURDAY , JULY 4 , 139JL-TWELVE PAGES.
TO THE OMAHA MANCHESTER ,
Eapid Transit Eotwcon the Oity and East
Omaha Secured.
HOW TO REACH THE FACTORY DISTRICT ,
Trial of llio New Line ami Its Vor-
nml OjicnliiR to TriUIlo
Who Watched tlio
Motor Mote.
At tOW : ! o'clock yesterday a llttlo party
gathered nt tlio corner of Sherman nvenuo
and Locust struct to witness the opening of
the now motor line to East Omaha. Those
forming the party \vcro Mayor Cushlnir ,
Superintendents Smith and Tucker of the
Omnlm street railway company ; John K.
Webster , manager of the East Omahu motor
line ; A. II. DeLonir , assistant manairor of the
East Omaha land company ; A. 11. Hess , chief
engineer of the company ; F. E. Hall , super
intendent of the now motor lino.I. ; O. I'cr-
rlgo. who superintended the construction of
the line , J. M. Atkinson of Chicago , repre
sentative of the U'estlnghouso electric com
pany : Mr. White , representative of the ICdl-
ion electric company , uud representatives of
the press ,
Uoforo starting on the initial trip the now
rolling stock was subjected to a thorough In
spection , The tram consisted of a closed
motor car and an open trailer , built by the
St. Louis car company , lloth were painted
on the same general j > lan adopted by tlio
Omaha company , yellow being tlio predomi
nating color. On the signboard of both cars
was the legend , "Interstate I3ridgo & Street
Hnilway company. " The motor car
was provided with richly upholstered
eaU , while these of the trailer were of the
slat pattern. The general arrangement of the
truck and motors was the principal object of
Interest. The wheels worn larger than these
ordinarily used on Hired cnrs and the motors
nnd connecting machinery were completely
enclosed In cast iron casings. The casings
enclosing the gearing arc kept about hulf full
of grease , vhlch reduces the "hummlne" ton
minimum , The motors arc of the Westing-
housu pattern nud uro of twenty horse
power.
When the equipment had been thoroughly
Inspected the gong sounded and tiie train
started noiselessly down the steep grade
leading to the crossing over tno railroad
tracks.
The trolley wire was hung on a single line
of poles placed at ono side of the track and
was suspended at n height of about eighteen
feet from the ground.
When the railroad tracks had been cleared
the power was turned on and the train sped
along the well ballasted track at u rapid
rate. A speed of about twenty miles pin-
hour was soon ncqulrcd and maintained until
the eastern terminus of the road was readied ,
two and one-quarter miles from Sherman
avenue.
The track was very smooth , and was laid
with -10-pound T rails. The grade , nftor
crossing the railroad tracks , was almost H
dead lovul , the embankment being several
feet above the level of the surrounding land.
The steep grade Just east of Sherman
nvenuo is an S.Iib 'percent grade , about the
same as Dodge street , between Seventeenth
and Nineteenth streets.
When the terminus was reached the party
alighted nnd inspected the barn ,
n ' commodious structure , 100xi.1 :
feet with on addition twelve feet
wide running along the west side which will
be used for an ofllco , shop and store room.
Workmen \\oro still engaged in completing
the Interior nrragement of the barn or car
house and Mr. J. H. Webster _ , who was highly
dated over the successful working of
everything pertaining to the car line , took
pains to Impress upon his honror the fact
thut sixty days ago not a single article used
in the construction or operation of the linn
had been purchased.
The equipment of the road consists of two
motors and two trailers.
After the road and the appurtenances had
been thoroughly' inspected und un enter
prising photographer had taken n snap shot
nt the distinguished party , a carriage was
taken und , under the guidance of Mr. 13o
Long , a tour was made of the land of tno
East Omaha company.
The East Omaha land company have nlnn
factories on tlii'ir land , eight of which are in
lull operation , employing between00 ! ! and 40(1 (
pooplo. Three more manufactories huvo
been secured and will remove to East Omaha
immediately.
Thirty cottages have been erected In the
vicinity of the factories , twenty-six of which
nro occupied by people employed in the fac
tories. These houses nro loused to the occu
pants nt prices ranging from 7 to
$17 per month , but nro not sold.
The sanitary arrangements In the llttlo
settlement nra very comploto. City water
Is used exclusively , there being no wells.
Eurth closets nro used in every instance mid
n garbage hauler looks after both closets and
garbage.
Tho.land in the vicinity of the factories
nnd cottages bore no evidence of the over-
Jlow or backflow of the river and n remark
was nmdu that the popular idea concerning
East Omnha , was that it was covered with
water most of the tlmo.
"Why , my dear sir , " exclaimed Mayor
Gushing , "this land is on n level
with , the second story of the
Council Bluffs nost-ofileo and If
this worn covered with water where would
Council Bluffs bo } "
The argument was very convincing.
At the suggestion of'Mr. . DuLong , the
party drove to the shore of the river imme
diately cast of the factories , The shore was
distant about half n milo and when it was
reached the nppearnneo of the river showed
very clearly that tlio channel was about half
a mlle from the shore where the party stood
nnd Mr. DoLong remarked that tit low water
tlm river receded fully that dlstanco leaving
exposed n long stretch of sandbar which wns
constantly increasing In width. The high
water of last week loft traces along the bank ,
showing that it had como within about lit-
teen feet of overflowing the banks at that
point. As the stage of the water last week
was about nine feet below the high water of
1SS1 there would s > eom to bo no danger of any
overflow.
The party then proceeded to avenue II
which is in process of being paved with
granlto blocks. This strcot starts in the im
mediate vicinity of the district where the
factories nro located nnd extends directly
cast n mllo-nnd-n-half wboro It Intersects
Eleventh street. The roadway Is
'
ns level ns n iloor und Is 'thirty
feet In width. Eleventh street Is being
pnvcd with grnnlte , thus forming an almost
absolutely level driveway from the contra of
the city to the heart of East Omaha.
A Motlier'K Orntltiitlo.
My son wns in an almost helpless condition
wltlijHix when I commenced using Chamber
lain's colic , cholera nnd diarrhoea remedy.
It gnvo him Immediata relief nud I am sure it
saved his life. I tnUo great pleasure in re
commending it to all. Mrs. M. L. Johnson ,
Everett , Simpson county , Miss. 25 nnd 50
com bottles for snlo by druggists.
IN KAILllOAI ) < JIKCr/-.S.
The TrotiMo with the Alton Still Un
settled l.ooul Not OH.
The forced misunderstanding which has
existed between Chairman Flnloy and Clou *
era ! Passenger Agent Charlton of the
Chicago Si Alton still continues. The former
lias written the latter a note lu which ho
states that tha nnmo of tha Alton's general
passenger agent was omitted from the latest
excursion circular because of the status of
the Alton under the agreement a.s defined In
u recent decision.
To this Mr. Charlton replied in a letter de
manding to bo Informed plainly whether the
chairman hold that the Alton was or was not
Ml n member of the association. He accused
Mlm Mr. Finluy cf ambiguity In his letters ana
m rulings , and demands of that gontleiiian that
bo quote the article and agreement which
gives the chairman authority to rule the Alton
out of tha association ,
The next regular meeting of the Western
Passenger association will bo hold Tuesday
and It la bcllovcil that something will
bo done to adjust the dilTeranco * botwecn
these gentlemen.
The rnto committee of the Trunk Line as
sociation. In session In Now Yorlc today ,
fixed passenger rotes to the Missouri river nt
f0 ! first class and f.'O second class , meeting
the rate made by tha Alton. The date when
these rates go Into effect Uns uot yet beeu
decided *
A bunch o { wheat six and one-half
high In iv nearly ripened condition wiu re
ceived nt the general manager's ofllco of the
H. & M. this morning from near Akron ,
Washington county , Colorado , In the north-
cast corner of the stale.
The estimated gross earnings of tno UocH
Island cntlro system for the month of Juno
nro 11.287,093. an Increase M compared with
the same period last joar of tlSit.inl ,
B. Uerlln , u clerk In the Union Pacific
headquarters , started for Pocntello this
afternoon , where ho will tnko n position AS
clerk lei the ofilco of the master mechanic nt
that point.
Wanted Immediately a wet ntirso.
Kor particulars npply to Dr. J. E. Sum
mer , Jr. , 1208 South 10th street.
Dr. KeiifilnRton , eye , car , nose and
throat Burgeon. 1310 Dodge street.
Furniture.
Visit S. A. Orchiird'g special sale do-
nnrttnont , IIH you miiy llnd just what you
need In the furniture line nt very much
reduced prices. Continental block , 15th
nnd Douglns street.
Grand picnic July , under the aus
pices of St. Poter'8 association from St.
Joseph strcot , 17th and Center streets ,
pi von at 121 stand Martha. Good music
and refreshments of all Kinds. Fire
works in the evening , also dancing.
Free. All are invited.
ACCUU1U ) I'liXSIOXS.
Definition of the Term nml a Cnsc In
Point.
The following letter of inquiry was re
ceived last week by Tin : 13ic : :
To the Editor of Tilt : 11EK ! In the reports of
tlm pension olllce that appeared In the Na
tional Tribune each weeU. there occurs tint
word "uccnii'd" pension. It Is an Item given
In the Hiime eli.s ; with "orlelmil" pension. In
crease , cto. Will you plouso explain the mean
ing of the nurd "accrued" us used how , und
olilluo youri. N. HWII.CO.K. .
I'apllllou , Neb.
The nbovo question was submitted to Dr.
Stone , secretary of the board of pension ox-
amlncrs foi this district , and ho pave the fol
lowing answer :
"Tho term accrued pensions means these
pensions which have been granted and the
certllicates for which do not reach the appli
cant until after death. The pension Is paid
from the date of the application , nnd there
may hnvo accrued a considerable amount of
tnonoy at the time the application is granted ,
Wo have had several such cssea hero in
Omaha.
"Thoro was ono Instance of this kind last
fall that was quite remarkable. The appli
cant , W. H. Sullenberger , had applied
for u pension years ago , but for some reason
it had not been granted. When wo llnally
succeeded in getting the pension allowed Mr.
Sullenberger was very ill nnd the day his
certificate arrived in Omaha ho died. There
was fcUUduo ! ) him as accrued pension. Ho
left a statement or will bequsathlng
all Us effects to the family with
whom bo had lived some tlmo
prior to his death , but of course the deceased
made no mention of the pension money be
cause ho had no Knowledge of the fact that it
was going to bo granted him. The family
that had taken care of the old comrade laid
claim to tlio $2,1(10 ( as n part of the effects of
the deceased. In order that no ono should bo
dononn injustice , T wrote to the Grand Army
of the Hcpubllo post at Parrisburg , Pii. ,
where Mr. Sullenborger had held member
ship , and made inquiry about his rela
tives. Ucforo receiving n letter from
Hnrrisburg n death certificate , purporting to
bo that of Elizabeth Sullenberger , wife of
the deceased , was produced by some of the
interested parties. They claimed that a
woman , supposed to hiivo been Sullen-
borger's ' wife , had died in Qmahn nnd that
there was no widow living to claim a share
in the property of the deceased.
' I sent n copy of thut death certifi
cate to Washington and wo were
making preparations to probate the
will and carry out the expressed
wishes of the deceased when hero came
n letter from n comrade in Hnrrisburg stat
in ? that Mrs. Elizabeth Sullenberger was
yet living , und.that the pension should fall to
her.
her."Tho
"Tho facts ns stated were fully proven to
the department nt Washington. Sullen-
borgnr had separated from his wife several
years before his death , and the woman who
died and wns buried in Omaha was evidently
not the legitimate Elizabeth Sullenberger.
The money was eventually paid to the widow
in Pennsylvania , and she recompensed the
people in'Omaha who had so kindly cared for
her husband during his last illness. "
Small m size , creat in results : Do Witts
Little EarlyKisors. Best pill forConstipa-
tion , best for Sick Headache , best for Sour
Stomach.
TI1U CHAIN EXCHANGE.
Boiml of Trailc Directors Approve of
tlio Union.
The directors of the board of trade hold a
special mooting yesterday to receive the
report of the committee appointed some time
ago to confer with the gram men relative to
opening a grain and produce exchange. As
has previously boon published , the report
favored the project.
All of the directors were present , and nfter
discussing the subject very fully nnd care
fully it was decided to approve the report.
Further consideration of the matter will bo
given at a special meeting to bo hold at ! i
o'clock Monday afternoon.
It wits decided to establish n market and
fix up tha exchange room and halls just
as quickly a * possible , und it is
hoped to have the now order of things in
operation by August 1.
The question of chief Inspector came up ,
but the directors thought best to consult with
the grain men boforn acting on it.
Direct wires will connect the exchange
with thu Chicago wheat pit , and ail arrange
ments will bo tnado on n largo and complete
scale.
The exchange will bo general In Its charac
ter , Including all produce as well as craiu ,
and buyers and sellers will llnd there thu
market that bus long been in good demand ,
but never before realized ,
Do not forgot tlm llallor's Pnm Paralyzor
will cure nil cases of dysentery , relieving the
griping pain and restoring the bowels to
healthy action.
Licenses.
The following marriage licenses were is
sued by Judge Shields yesterday :
Name nnci Address. Aqa
I AIIKIIM S.irnuwsUI , Omaha. . . , . 117
I Catherine JaslunawHkl , Omaha . 411
I A , I ) . Illikur , St. I.onls . . KI
) O rail a l.amar.Omalri . .0
j Henry IKukman , Omaha . AS
I Charity llleUimm. Omahu . 53
j Andrew Tjelllii , Omnha . 30
I Minnie , J. I.lndstrom , Omaha . 10
j Charles A. Oatman , Otnuha . 48
I Nary A. Uupert , Omaha . 41
j Orron lleasloy , Ilurlun county , Nohrnsku.'a
I Mtiry Murrlok , llarlun county , Nobrat > Uu..lO
Grayiioss , buldnohs , dandruff und all dis
eases of the scalp and falling off of the hair
can bo cured by using Hull's Vegetable Sicil
ian Hair Hcnower.
A Iilght Sentence.
Mrs. Olmstcad of South Omaha , who was
convicted of circulating counterfeit money at
the last term of the federal court , was given
her sentence by Judge Dundy. She
was simply placed m the custody of the mar
shal for ono day. Mrs. Olmstcad had boon In
jail for nearly a mouth awaiting sentence.
Mrs.Winslow's Soothing Syrup for chil
dren teething relieves the child from pain.
-5 cents u bottle.
AVnnt to IImil
Chlof Seavoy Is receiving
from would-bo garbage haulers tn keep the
city clean. Charles Westergnrd wants full
swing In the First , Second and Seventh
wards , rscwton Nlday IP the Fourth , A.
Travis and Henry Combs In the Third nnd
Fifth.
For hcnutv , for comfort , for Improvement
of the complexion , use only Pozzours powder ,
the to U nothing equal to it , *
Moll on the Pom th.
The postofllco will bo otxm today from
8 to 10 n , m. only. Ono delivery will bo made
throughout the city in tha mo-ruing.
Use Halter's Sarsnparllla and Burdock , the
great blood purifier ,
SUIMIKMI * CO OUT 1M3CI8IOXS.
Opinions Handed Down l > y ( lie Hlfh-
CftBtnto Trihuniil Ventcrilny.
The supreme court adjourned today to
meet In September after handing down the
following decisions !
South Otnnhn lumber company vs. Lindsay.
Appeal from Douglas county. Afllrraed.
Opinion by Mr. Chief Justice Cobb.
In an action by the South Omnha lumber
company , to foreclose a mechanics lion upon
n lot. llicfoln described , against M , H. li.
nnd K. A , I/ . In thu petition It Wns al
leged that at the date of the lion ( Juno 5 , 18 )
M. H. \i. nnd K. A. It , were the
owners of siilil lot In fee slinpln. M. 8. I *
and K. A. li , nnswcrcd liy a general
dental , Afterwards , the U. I. company pre
sented n petition alleging that M. S. L.
and R A. li , sold and convey oil to mild
( J. I. company , on July I. 18:0 , all their right ,
title aud Interest In nnd to said lot , und pruy-
Ins ? ID bo permitted to defend the action un
der the answer Illod by M , B. U nnd K.
A. Iwhich was granted. A decree
belii'4 rendered for the plalntllT , On appeal
by the O. 1. company , hold that It was os-
topjHMl to deny ulther Its own tltlo or the title
of M. S. I/ , and K , A. U In the sild : lot.
2. The uvldiiiico examined and held to sus
tain the verdict.
State ox rol. Tnrr vs. Mayor and Council of
the city of Crete. Mandamus. Writ al
lowed. Opinion by Mr. Justice Maxwell.
A rclator In an action for mandamus who
shows that ho has a direct pecuniary Interest
In the result of the action may maintain the
action and the petition Is not domurniblo on
thi ) uf round of want of capacity to snu.
Under Mibdlvls on 1.1. section ( i'J ' , chapter M ,
compiled Htatuto.uelty of the * ccnnd-cln < < sms
authority to make contract ) * with and i.ulhor-
Izo any person , conipiuiy or corporal Inn to
erect and maintain n system of wnter works
nml water supply , etc. , for the slty under cur
tain rules und regulations. This , howovor. Is
not dependent on the rental by hydrants for
the nsu of thu city , that being u mcru Incident
to thu contract. .
The limitation to 7 mills on the iiBsusscd
vftlnutlsn "to piiy for water furnished such
city or vllluge under contract , " applies alone
to the excess over T mills und does not render
Invalid the contract so fur as the city had
power to mnko It.
The petition hold to state n cause of action
nnd thut the rulutor was entitled to the relief
prayed for.
Lnmaster vs city of Lincoln. Affirmed *
Opinion by Mr. Chief Justice Maxwell.
For reiisnns.st itcd In the opinion In Lansing
VH city of Lincoln thu judgment of the district
court Is ulllfined.
Westovor vs Lewis. Error from Lancaster
county. Motion to dismiss sustained.
Opinion by Mr. Chlof Justice Maxwell.
In proceedings In error In thn supreme
court the transcript of thu proceedings of thu
trial court must bo Illctl with thu petition In
error within ono year from thu datu of thu
rendition o the judgment.
2 A netltlon In orior tiled within u year
and the transcript Illed after tlio expiration
of n veur from the ditto of the rendition of thu
judgment do notcomply with thu provisions
of thu cede that thu action shall tiu Instituted
In thn supreme court within one year.
Maher vs Allen & Jenkins. Error from Da
kota county. Affirmed and writ allowed In
this court. Opinion by Mr. Chief Justlco
Cobb.
Money can bo drawn from the treasury of a
school district lu the payment of contractors
for the urcutlon of n school house only by or
ders on the treasury sinned by the director
and fouiuorsl nud by the moderator. The
state ox rul Hunter vs H oom. 19 Nub. , .W2.
2. Where the treasurer of thcdlstrlct having
funds In his bunds for that purpose rofut.es to
pay such order. Issued In full compliance nlth
tlio provisions of law , peremptory mandamus
will enforce the payment.
Cherry county vs. Thatcher. Error from
Cherry countv. Uevor.sed and Dismissed.
Opinion by Mr. Chief Justice Cobb.
A post trader ut u military reservation un
der the net of congress approved July 'M , 1S70.
appointed for thu accommodation of emi
grants , f relish tors , or other cltl/oii' * . nnd
under the protection and eontiol of the wir
department us u camp follower. Is tint exempt
from assessment fortuxutlon by tlio county or
stutu authority having eoneurient jurisdic
tion.
In the matter of the appeal of Mary Miller.
Appeal from Washington county. Aftlrm-
ed. Opinion by Mr. Justice Nor'vnl.
Verification of u petition for administration
of the estate of un Intestate , Is not necessary
to confer jurisdiction.
2. It Is not necessary in n petition for letters
of administration to S"t out u dcsorlpt on
of either the leal or personal propelty belong
ing to the estate.
a Where a creditor applies for administra
tion of an estate after tlio cvpiiatlon of
thirty days after the death of thu Intestate
It Is not neecssarv to allege In thu application
thut the widow und no.\t of kin of thn de-
eeiisud uro unsultublo und Incompetent to
illsclmrgo the trust , or that tliuy fullo I to ap
ply for letters of administration. The ox-
clnsivo right of the widow or next of kin to
letters of administration , expires ; ut thu und
of thlitv days uftorthu death of the Intestate.
" > , While ujudcmunt without n llndlin , ' to
Mipport It may bo erroneous , yet It Is not for
thut re u son void.
G. An appeal mny bo taken to the district
court from un order made by a county coin t
eruntlni ; or refnsmir let tins of administration ,
and the mutter Is tried du novo In thu appel
late court.
7. When a cicdltor applies for letters of ml-
mlnlstratlun he mustullegu and prove thut no
Is u creditor of the Intestate , hut his claim
against the estate need not Lu filed with thu
county court before administration Is granted ,
Wheeler vs State ox rel. Londrosh. Error
from Thurston county , \fllrmcd. Opinion
by Mr. Justice Maxwell.
A judKO of the district court nt chambers
granted an nltPinntlvo writ of mandamus , to
which thu respondent made a return and thn
case was biibmitted on the writ und return to
the indue while haldlnir court In n county nil-
joining thut In which the mandamus procct'd-
liv.'s were Instituted , The return was hold
Iniulllclcnt. and u peremptory writ awarded.
Hold , There WUH no Issue of fact to bu sub
mitted ton jury , and thut u peremptory writ
wns properly Issued.
L' . Where u new county Is created the county
commissioners elected at thu election ordeied
by tlio governor for thn organisation of the
county merely continue In nlHce. until thu
next general election for such ollicurs und
until tholr successors are elected nnd quail-
lied , ftnto vs. Fields , 41 Northwestern Itu-
ports , flS8.
Tullman vs Mlllor. Error from Wayne-
county. Afllrmed. Opinion by Mr. Jus
tlco Maxwell.
In an action to recover an over payment of
money. It appeared that the payment had
been made hv a clieclt on u bunk for JIBO , ul-
thou''h thu drawee claimed that It WUH foriO (
nnd no more ; thut hu hud received no greater
sum thereon. Held , thut thu proof uluiirly os-
tulilislica thu fuut that the cheek was for $100
und that ho received that amount.
TompiOton vs City of Toknmnh. Error from
Burt county. Affirmed. Opinion By Mr.
Chief Justlco Cobb.
The provisions of subdivisions 8 , section K ,
article 2 , chapter 14 , compiled statutes , au
thorising cities to levy and collect occupation
tuxes. Is not reptr-'nant to sections 1 und n of
article U ot the constitution. Mnenuu vs City
of Fremont , 47 N. " ' . K. , S 0.
J. A provision ot un ordinance Imposing n
license tux upon certain occupations , llxlnu' u
penalty for pursuing sui > h occupations with
out tlrst liuvlngobtulned n license theroforof
u line of not less than W nor more than 71 111. or
thu olfcnder inlpht hu Imprisoned not more
than ten days. Held , thut the line und Im
prisonment clause , ulthouch void , did not ef
fect that part of the oidinancu which fixed n
civil llubillty und the tux might be collected
by action ,
Stnto ex rol Lucas vs Houek. Error from
Douglas county. Reversed judgment
for rolator. Opinion by Mr. Chlof Justlco
Cobb.
A husband and wife were living together us
snub. Thu husuund was , und for the two
years lust past , had hcun by reason of bulni ;
from his childhood crippled In his rl''ht arm ,
und havlnc his luft arm broken by accident ,
und alHieted by rheumatism , neuralgia und
orvslpoliiB , tumble to do uny kind of work or
labor ; und being entirely without money ,
property , or means , hesldo the clothes which
hu wore , hud neither done nor contributed
uny thing for the support of the family : while
tlio wife , during thn whole of said time , had
bv renting u house , which shu did In her own
name , taihluttlnK rooms therein , nnd bv keep-
tit ) ; bonnier * , solely supported the family.
Hold that for the purposes contemplated by
sections Ml , .Viinndliii of the code of civil
procedure , the wife was the head of the
family ,
Slmms vs the Bank of Alma. Error from
Hiirlan county. Aftlrmod. Opinion by
Mr , Justlco Maxwell.
Ono H. holding a second lion on mortgaged
premises purchased the property nt n snlo
under the ducrco of foreclosure and paid thu
costs of the action but failed to pay the pur
chase money. AftorwanU hu with othurs ,
executed u note t > the bunk of Alma for the
amount of the ipurchase money for
the use of Urn ! sheriff nnd tlollv-
oicil the sumo trtionn F to bo hold until n
motion to sot nuldmttho sale nhould bo de
termined , The mut4 < ta wim overruled and the
tale confirmed , whtrrnpon the shcrllf took the
note to the bmikiAnd obtained the money
thereon. The a.ilo-wts afterwards sot nsldo
on a petition thereafter fllcd. The bank bun
no Interest In the Mmclosuro proceedings , but
nlmtily loaned tliotaioncy : hold , that It wns
entitled to recover/
Conklln vs Omnium Error from Thayer
county. AfllrraocU Opinion by Mr. Chlof
Justlco Cobb.
The evidence eonniiUrcd and hold Rtifflolcnt
to sustain tbo vejrtlct nnd that there U no
error In the record.
Eilmunfion vs Alexander. Appeal from Cass
county. Alllnned. Opinion by Mr. Jus
tlco Maxwell.
OneS conveyed certain real estate to Mrs.
W , but thronjli nuKloot the deed was not
recorded. W took possession of the land ana
ranted the same to ono II. A thereupon
brought un action to foreclose a tax lion und
Hindu 8 and 1) parties but not W. A deereu
foreclosing thu tux Hen was thereupon taken
by default. In n notion by W to vucuto the
deereound for leave to Intervene nnd answer :
held , thut the vacation of the deereu nnd
order permitting Intervention were properly
made.
Wasmcr vs Lean. Error from Howard
county. Affirmed. Opinion by Mr. Chlof
Justlco Cobb.
The evidence eonsldored nnd held to sustain
the verdict und Juil.'ment ,
- . 1 ho Ins'rnetlon.s given nnd thnsu ro-
( inested und ref used , ev.unined und held prop
erly Rlvuti und refused.
Edgington vs Cook. Original. Demurrer
.sustained und notion dismissed. Opinion
by Mr , Justlco Maxwell.
Lands on the I'awnee Indian reservation
sold by the United Htutes partly on credit uro
taxable from the ( Into of .sale. In ensoof non
payment of tnxuM by thu purchaser his Inter
est In the premises may be sold und thu tux
purchaser will bo subioguted to his rights In
thu land. He.ed vs lluKenhuck. II Nebraska 17.
2. A purchaser cannot claim equitable relief
from taxation upon the grounds that If hu
fulls tn perform his contract thu lands will
Ilipsu to the Kuvuininont.
Bucklln vs Strlcklor. Error from Hamilton
county. Unversed nnd ramnndcd. Opinion
by Mr. Justice Maxwell.
Porvlco of summons set forth In the record ,
held to bo siilllclent to confer jurisdiction.
Technical objections to the servlcu of n
summons must ho apeclllcally pointed out to
justify thu court In sustaining them.
A motion to iimsh | u summons because of
defects or In tervlne the same should bu eon-
lined to the defects comlnlned | of. If It go
fill ther and pray for a dismissal of tlio case
It Is u general appearance In the action us tt
Invokes thu powerof thu court on a question
other than that relatlir , ' to jurisdiction.
Bryant vs Burton. Error from SHinders
county. Alllnned. Opinion by Mr. Jus
tice Norvul.
In un action for broach of eontrnct. thn pe
tition sets up thu terms of the contract , avers
performance on thep'irtof the plaintiffs of
thn conditions to bo performed on their part ,
and nlluves nou-performunco by the defend
ant of thu stipulation on his part to bu kept
and performed. Held , sulliuk'iit , as against a
demurrur.
Evidence held sufficient to sustain thu ver
dict.
Helper vs Davis. Error from Fillrnore
county. Afllrmed. Opinion by Justlco
Muxwoll.
A juiU'inont was recovered auulnst A in the
state of Illinois lu thu year 1870 , und A soon
nfterWurds removed to this stuto und bus re
sided herein continually u\cr since. In ] K > $
thu judgment wus rovlvod In Illinois without
personal service upon A In that state on an
appearnice hy Mm In the notion , und suit was
thereupon bronchi-oil the revived judgment
In Nu1 r.isku. Hold , that thu revlvorof the
judgment In Illinois did not effect thu running
of the statute of limitations In UiU st-ite. us
the court hud no jurisdiction over the dufend-
ant and could maUu noorder to elTect him per
sonally.
Johnson vs Storlo : Error from Fillmore
county. Afllrmed. Opinion by Justice
Max \vell.
An Infant who had sUnod u note as surety
dlsiilllrmod thu contract a year mil u hulf
ufter becomUiL' of aed. The court below found
this was within u reasonable tlmo. Held , that
under the stipulation of facts In thee.i'-olt
did not appear thut the judgment was erron
eous.
Propnrinjr'lbr Jlot AVcnthcr.
The following telegram from Whitowright ,
Tex. , indicates that the people In that vicin
ity do not intend to'do ' caught unprepared :
WhltowVight , IVx. , Juna.3 , ISOl. Chnm
berlnin it Co. , Dcs/Moiiios. In. : Ship us nt
once ono cross Chamberlain's colic , cholera
and diarrhoea remedy , y.5 cent sio. and two
do/cn SO cent size. Wo are entirely out and
have had nearly forty calls for it this week.
O. Y. RvTiiiu \ & Co.
This is just such a medicine as every fam
ily should be provided with during the hot
weather. It never fails and is pleasant to
take. For sale by druggists.
EXCLUSION TO TOUONTO , O\T. ,
Vln the WnbiiHli Ciiilron I.
For the national educational conven
tion ut Toronto. The Wubnsh will soil
round trip tickets July 8 to 13 at half
faro with $2.00 lidded for membership
fco , good returning until September HO.
Everybody Invited. Excursion rates
hnvo boon inauo from Toronto to all the
summer resorts of Now England. For
tickets , Bleeping car accommodations
and a handsome souvenir giving full
information , with cost of side trip-s , etc. ,
call nt the Wabash ticket ollico , 15012
Farmim street , or write G. N. Clayton ,
northwestern passenger agent , Omaha ,
Nob.
Mr. < Inrk to the I'tibllu.
I wish to say to my friends and the public ,
that I regard Chamberlain's colic , cholera
and diarrhoea remedy as tl\p best prepara
tion in use for colic and diarrhoea. It is thu
finest selling medicine I ever bandied , be
cause It always elves satisfaction. O. H.
Clark , Oraugovlllo , Tex. for sale by drug
gists.
New Ijlnc to DCS Molu"s.
Commencing Sunday , May 31 , the
Chicago , Milwaukee & St. Paul railway
will establish a through line of sleeping
cars between Sioux City and Dos Monies
via Madrid. Passengers from Omaha
and the west can leave Omaha at (1:20 ( : p.
in. , secure sleeping ear accommodations
and arrive in Dew Moines at ( i a. in. Re
turning , leave Dos Moines 0:40 : p. m. ,
arrive Omaha ! ) : 15a. m. Dining cars on
both trains. Ticket ollico , 1501 Fai-nam
street. F. A. NASH , Gen Agt.
J. E. PUESTON , City Pass. Agt.
Siicoosslul Mall ( IL-HCH.
Chlof Clerk Vnndervoort of the railway
mall service has completed the examination
of the special tests taken last month by forty-
six of the railway moll carriers In throwing
cards.
Twenty-four ouCof forty-six made a grade
of more than 09 pen cent. Mr. D. C. Hudson ,
who throw 010 Illinois offices , was absolutely
perfect , making 1)X ) > per cent.
Following Is th& list : Fred Herman ,
l.lin Nebraska ofllccs , till 01-100 ; J.
1' . HerrniRtori ; 1,121 Nebraska of
fices , 09 8'J-IOO ; , J. L. LycKholm , l,0.i
Iowa ofllces , Oil NMOO ; J. A. Uloomnuist , 1121
Nebraska oniccv'Jfl fti-100 ; W tills Maple , 1121
Nebraska ofllcos , 01) ) Tt-100 : ; William Arm
strong , 1121 Nebraska ofllcos , 09 TII-IOO ; Felix
Murray , 1121 Nebraska ofllces , 097:1-100 : ; W ,
J. Millions , 1121 Nebraska olllcos.Jo 1-100 ;
Ueoi-KO Bangs , 09 55-100 ; S. D , Hull , 09 M-HX ) ;
William Hull , OOfiTi-lOO ; W. 13. Mulford ,
0955.11)0 ) ; H. C. Ptircbllds , 005'MOO ; W. II.
Yates , W-m-100 ; W. II. Herbert , O'J ' IIT-lOO ;
1 . H , rjowinl , " U9 itT-lOO ; 13. U. Hasch ,
09 19-100 ; U. D. Uopj 09 10-100 ; T. J. Marshall.
09 10-100 ,
As a Drink In Fevers
Use Horsford's Acid Phosphate.
Dr. Chas. H. S. Davis , Morldon , Conn , ,
says : " 1 have used It as an accessory In
cases of melancholia and nervous debility
and ns a pleasant and coolmgdrink in fovora
and have been very much pleased with It. "
owdei :
Used in Millions of Homes 40 Years tlie Standard ,
RIRRWORKSI
,
Waterworks : man works ; woman works ; you 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 eatrle on one side , and [ as usual ] with a handsome woman "at the bottom of it. " We'vo
worked hard for your patronage this season , and we've had a good big generous share of tt , 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 we will offer you
39O Sateen
AT
In handsome pin stripes , in blacks and nobby shades of blue , in
sixes 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
size from thirty-three to forty-six , that arc worth from two seventy-
five to three dollars ,
We' will continue to sell those beautiful Brilliantinc Coats and Vests ,
1
in handsome shades of tan , brown and mode , 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
o different shades and colors , worth four dollars.
Until Saturday noon you can buy one of the finest Drap d'Hte
Coats and Vests , in blacks or colors , in any regular size , worth o
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 , .50
your outfit won't be complete without patent .
leather Shoes. We offer for your considera
tion twenty cases lour dollar patent leathers , in lace and congress ; any size or width , at $2.50.
AMU
BA.SEX
OMAHA
DENVER
TODAY , JULY 4th.
TWO GAMIiS.
At 10iO : ; a. m. and 4 p. in.
Ladies , all privileges , " 5c.
Grand 4th of July
AT
I = AEE : GE.OYS
Games , SwlnBS Music , DanoliiK and Ho-
freshiiiunts for all Slieriimn Aveuuu and
Laltu Streets. ADMISt-XUN PUEB.
EDEN MUSES
Cor. llth mid Fnrnam Strecti.
vriiRK OK JU.NI : wni.
Joseph H Cotlin , 1'l.TO ' S. K. Lisurli. the boy chlof
of the I'awnuo Indiana , will It-rturu on the snper. tl
tloim lileiis und Imblti of the rthlcrent tribes of
Indian * .
H.-ilurlun Quartctto.
\V. W. llettorn's dramatic company preicntlna
that great pl.iy Uncle Josh.
Onadlmo admin to all. Open ililly frmi I to 10
VETERINARY SPECIFICS
For Horses , Cattle , Sheep , Dogs , Hogs , j
AND POULTRY.
flOOPnsc Book onTrontincnt of Anlmula
ccnFjFoTcrf ( < , ( ! oniieHtlonHIiillnmnintlou
A.A.lHpllllll nleliTuuItlM.nillU Fovcr.
ll.lt. StriiliiH , liiimunt'HH , lheuiuitlsm
< ; . < : . --Dlntcmpor , Nugnl DlncUa
] ) .I ) . IIotH or firubnVorms ,
K.K.-CouuiH ! , HOHTCH , I'liKtinio
F.K. C'olIc or ( Jrlpen , Hrllyacbo.
< ! . ( . nilBcarrlttdo , lleinorrlinuos.
II.II. Urinary nnd Kiilnry IlHvancri
J.I.--Eruptive HlHi-nnes. manac.
J.K."IllscuHCH of DlKfHtton , I'arnly l .
BlngloBottlo ( over 60 doses ) , - - .00
( stable CnHOt with S | > oclflcs. MatiuAl.
Veterinary Cure OI ! and Jlodlcator , Sy.OO
Jar Veterinary Cure Oil , - - 1.00
Sold t > 7 Dragglsti ; or Sent Prepaid anrwhoro
end in any quantity on Receipt of Prico.
HUMPHREYS' MEDIOINB CO. ,
Corner William and John St . , New York.
In uao 30 years. The onlBDCCCMIU ! remedy for
Nervous Debility , Vital Weakness ,
end Prostration , from over-work or other causes.
81 per vial , or 6 vialj andlnrnu vial powder , for * 5.
BOLD IIY Iuuoni8T8 , or cent postpaid on receipt
of prlco.-HUMPHREYS' MEDICINE CO. .
0 or , William and lohn Sta. , N. Y.
The dyspeptic , tlio ilobllltatmlUirthnr
from FxcvuHiif uoi'Uof inliiilor lioily , ilrlnU
or uxiMiaiiru lit
MALARIA ! , REGIONS ,
\vlll ( lull Tlltt'H I'lll * tlm mint K' ' l"l ro-
iurntlvu vurotlorultIiiiHUfl'urliiIuvrtlltl. |
ll'o Offer \'oti a Itftneily
ir/ilc/i J 11.1 it m Xtifrty to
1,1 fe of Mother nml Clitlit ,
"MOTHER'S FRIEND"
Hob * ConflHoitent of Ita
1'atn , Horror nntl Jllili ,
After lulnRoneootlluof "Jlnllii'r'H I'rlonil" I
ninerrtl imt Illtlu pain , and ilM nut uxiwrleiicu [ Jiat
weal.ni.n urii'rnuril utuul 111 micli uusut.-Mrii.
ANKIb li at , I jinur , Mu. , Jan. IJtli , 1 1.
Rent liy exprwi. cliarKf" prcpaM , on rrcelpt of
prlco , JUOU pur butllt.lluok ti > Jlnllicni mulk'U free.
ATI < ANTAi fA ! ,
SOU ) I V At.t. lilll.'IIUlSTS.
flilcliuUr' * K.allih ni * and Ilrai * .
N YROYAL PILLS
OrlMlnnland Oalr Genuine.
* rc d * T. rriut l . LAoits ftik
it lor ililm Vuglil * DlfA
. liran.l la Krd > ° 4 Uuti n > ulUo\
ltxi . n.loJ111 bl rlblwa Tke
faoolhrr. AiA" i < < l ' unut"li'u.
'll < mi aj ( < > l < uiOfii A I IUui t.ti. r 1 .
la luupf fur birtUuUu. tMlluoDlili tut
r far I. Jlt , " ii l K.r. t > ; rrl r
1U.OOO TciUiuoBltU A " * < /jftr.
Cklr ,
! ' .
NO GURJB. ! NO PA.Y.
1316 Douglas Street , Omaha , Neb.
Many years'experience. A regular pmcttmto In mccllclns nipiomm now. Is still trentlnc with thi
tmcccss , nil Nervous , Chronic nntl I'rlvuto Iloi- < A parnrinoul euro KimrnnteutS for Catarrh ,
greatetit , Lost Manhood. Smnlnal Woaknon * , Nlglit Ijom , Impolitic ? , Syphilis. Stricture , nnd all
dlsemes of tlio Illooil , sklu niul Urlnury Ormns. N II I Kuanin eo f > UJ for every emu 1 urulorlako and fall
to cure. Consultation frco. nook ( MraU'rlea of Life ) aunt frou. Otllco liourj 'J n. m. to 8 p. m. Sunday
10 a in. to 12 oi. Send stamp for reply.
JtrtirrniCor. . 14th and
tiflic uiowf HiiliHtiintlnllu conHtrnctel
/total Jlnililintt in Omnfiri. Nevarnl
licitrti lirici : flro u-iilln rnnnlnn train
biiHcntcnt to rouf. All the ccilinun mill
tloora Itnetlvitlt AnbcNton flro jtrou/
itt nil. intiliinu it iinitoHNllilo to burn
quick. J'Vi'c eiicniicH unit flro iiltirini
tlirotialiant f/jp bniltlini/ . Steam limit ,
liuc unit colil ti liter unit miiiHlilnuI t
'table unanrixiHauil itnj-
B. SILLOWAY. Prop.
DR , BAILEY ,
Graduate Dentist.
A Full Sot of Teeth on llubbor ,
, tor I'lVi-J DULLA in. A partuuc
HtllKuarnntoaa. Tooth oztractdl
Kwltliout palu or UaiiKor , nnl
S i without unnoJthotlei. llolil anil
W-llvor lllllnxi nt lovrott raoti.
llrlclua imcl Crown Work. Tooth
without platoi. All irork wnr-
lanted.
OFFICE , PAXTON BLOCK , 16TH AND FARNAM
Entrance , ICtb ( trout elevator. Open ovuuhui
untlld o'clock.
SOHOQLS AND OOLLEGES
tillll.S' - II Hi 'I Kit - SV1KKH , .
471181 Doiiiborn Avo. , Chicago , 111.
Slxtoonth year l-kIna ) Pcpt , l. ' > ( h. lloardliiK ami
il-iyeihool tor Vourm I.adli-a and Chlldron. Kull
roilrtei or BUnly , Indudllin preparation for colicgu.
l Yt'ellont hoiicoi thoroughly tlltod up.
Coniluctcd ( Mln Ueberai S. Hire , A. M. ( .i > rinnirm1 .
' " '
" " "U'nU.
by ) Ml 8 Marry 13 , ilet-d ) , A , M. \
3 Ikf t Instruction In all ilepnrt-
n > u ir a v y ' ySfi &ffJS
year. Aildrcta E. F. I1ULLA1H ) , Bupl. JackBouvlllc , lll. _
KENTUCKY MILITARY INSTITUTE
Kv.
O PEN THROUGHOUT THE YEAR.
The lecond term of thin ncndcmlo > oir bcctns II rut
Monday In July nd clojui third Wedneiday In
December neit.
Col1IOV1) ! ) , rillpt , I'oat-OIIICO , FAUMDAI.K , KV.
Hellniutb
College H- °
I'or Y l'Nn WO.inN : nml filHT.S.
I.irgo llluitrateil Ciitalocuo neiit on ppllcatlon ,
lUiv. E. N. UNdMMI , M. A. , Principal.
I.OMIO.t , ONTAIMU. CANAIIA
itrs ll bcock' < Kcnllworth Bchool. A llanntiutaiut
DavtiilumlfurUnli , "III open KtftimlarSl , pot , nt
Ktntlwertli. ill. , ( li miles north of Oilcnzo oil I .like
blioro ) Now end tlioroiuhlr uiiulppod bullillnns
erectedrapucmllr for ibo icliuol , but threomlnutos
w lk from the mil way elation , fcuiiorlorsdvamnnea
mid bouutUul locitlon. Fnrrlrcumrs , adilrens
MIUS. MAHV KKVKJllAIlCOtiK , Konllwortli , HU
rntranceexaminations In Chicago In charge
of I'rof ( ! eor u Ilowland , ut thu Hoard of ICd-
ucatlun rooms. City Hull , .luno ! und 'M ut n
u m. . unit in Ht. I/unls In chuiKuof I'rof. K II.
LniiiMillloo of Knpt of Khools. Seventh und
Chestnut stiri'U ' , Juno iU und M ut II u. m.
Uululoiiuu free.
J. It , inXK , Jr. , -cret < irih _
SCHOOLS OP IiEMNUToN , MO.
"
BAPTIST FEMALE COLLEGE
t * W A. WILSON , 1'retldem.
u IU.ANTOH ; Fmidont
WEHTWOHTU MILITARY ACADEMY :
HB B Blil.LKlta tluparlntoiKUnl
"
. ,
, ro | ( fyj .J - - - '
LE FRAHCfllS.
French Moutbljr ilnz-ulne. An UiTftluiblo help to
French ftiulunu anil ti' chur . Kroo inuipla copjr
AUJUJi.UlULtriAC'O. , VY. AUJlioa H'lNuw ' Vork
DOCTOR McGREW
THE SPECIALIST
Mort'Uinn 15 yean oiporlunoo In the traitnnnt oi
PRIVATE DISEASES.
Acuroifunranteodln 3 to 5 days , without liiloiiof
un hour1 * tluio.
GLEEP.
The m < nt complete mid nbtoliilo euro for gloet and
nil annorlnit illsclmrKui uvur known to the medical
protu 5lun. I'uruianuntly curoj In frumi to U dayj
STRICTURE
Or rnln In rollorln ? the blniUlor curoil without palq
or Instriimunta , no cutlhiK , no dilating. The uioil
rcoiurkabluruiuoily known to modora nolqnco.
SYPHILIS.
Cured In SO to M ) clays Dr. McCroir'a treatment for
thli torrlblu blooilillson-iulm * boon pronounced ttift
most uccoi3 till nnniKly OVIT illicovorBd for the ni > -
lolulu euro of tha illsuiij. Ill * succod wlthliili
Ulai'-i.HO Imi never been uiiimlla-L A ouroploU curl
k'uuruntuuU.
k'uuruntuuU.LOST MANHOOD
ncsj.nll wenknoiao ) of tt o nexu.il or/ini , norroui *
Anil llmlillly nml ilmpoiulonej ubiolutely cur J.
Thurcllut In ImmoillHlo anil comploto.
SKIN DISEASES ,
nnd all iH'oiMOi of the blood , llvor , kldaorJ , aal
bluddur puriiinnuntly cure. I.
FEMALE DISEASES
The doctor "Homo Treatment" for ladloj li pro.
pounced by nil who liaro uio.t It to bo the moil com-
nlotoand convenient romuily uror oHereil for th
trcntmontnf fuiunloilliuaiu * . It U truly u wonderful
reiuody. Hours fur liullu * . from 2 to i only.
DR. MoQREW'3
Mnrvollnm nuccoss In tlio treatment of prlrata (111.
imvn luu won for him a reputation which l lrul
nntlonal In clntractar , ami his Krci.it army of patients
tenches from the Atlantlo to the 1'a.HHo , The iloctoi
Is a Kruilunto at "rouulur" modlclno and Ini hay
IIIMK Riid careful exporlenco In hoipltil pnictluu ,
Hint H cl.'l'ieil RIIIOIIK the loaillni ; | iocinllm In moil-
crn f clonco. Tro itmont by corrojpondunce. Wrlta
fur clroul.iri about each of the ubuvo dUe uoi , Jrua.
Olllcti , 14th and Fnrn/im Btroots , Omalia
Neb , Kntranco on olthor street.
jCho Best Pill On Eurtli *
llr. Ilobb'n Uttlo
VoKetablo 1M1U act
NKYSnuiIIIOWISLS ,
Vovcm nml < 'olil > (
cloanelng the eytteia tlior *
ouulily and they cur
linultaal oonollpnllon.
Tbcy nra uugar coutixl ,
du not crlpo , very
I oiiiall , easy to ( ako , on *
_ Vlll n tloio , and art
purely vcgolabloi 45 iillUlncach vial , 1'er.
Ject illt-ostlon fnllownthdr uw. They AIISO
mill' NICK IIt5AIA < : iIIf ,
inUaro ICoriimiiiclidril by Lvaillnu I'liy-
lIcluiiNt For inlu liy ilruj f u or tout LyiuotU
X > ccutu a vlolorOforll.WJ. AdJrciij
IIOIUl'U BIL1I1CUU C0.rropg.
/en Francisco , Cal. Chicago , UBi
aT WN5K6SCwCliS20 ! ! ! :
- "
C.t.loJM 0 ( Bind IsifolMC
ftrvkW r-uUiil | tIHndi w 1'taiu v
- - ' Sdou. DS '
Uw . u4