THE OMAHA DAILY BEE , 5B1OJNDAY , OCTOBER 19 , 1SW.
THE EIGHT-HOUR LAW VALID ,
Judges Wakoley , Doano and Davis Pass
Upon its CoDEtilntionality.
CONSIDERED THE MEASURE AT LENGTH ,
Hold Hint the l.-iw Applied lo
crH liy the Week or Month
Contniutrf Can ho
.Made.
Last August when the eight-hour law that
was passed by the last legislature wont Into
effect , Chrrles 0. Low , an employe of the
Hecs Printing company , brought suit to test
its constitutionality. The raso was argued
before Judges Wakctoy , Doano and Davis ,
with the understanding that whatever
might Do the decision an appeal would at
oneo bo taken to thosupremo court. Saturday
Judge Wakeloy handed down the following
opinion , in which both of the other Judges
concurred.
The petition sots forth three alleged causes
of action. To each ouo and to the petition ns
n whole demurrers were filed and upon tncso
demurrers the case Is before us.
Ono ground of demurrer , thatono to which
the argument and the citation of authorities
on both sides were largely devoted , U de
pendent upon the proper construction of the
net , which should be first considered. The
others may bo disposed of at tuo outset.
The chief of those Is that the act is spoclnl
or class legislation and prohibited by the con
stitution. The art fixes or dcllnoa the number -
bor of hours which shall constitute n day's
work for all classes of mechanics , servants
and laborers except these engaged in farm or
domestic labor. If the act made u distinction
as to the class of employers or employes ns
such , for instance , that It should apply to
corporations and not to Individuals : to win to ,
but not to colored men ; to American born ,
but not to foreign born citizens , or a dis
tinction of some .similar character had
been made , there would bo much
force In the argument r.gainst the
constitutionality and it might prevail. Hut
the distinction is made in respect to the pur
suit and the kind of labor performed. Tao
act applies nlhcotoall classes mid persons
ongugcd In these pursuits or performing the
hind ol labor which Is exported. The Judg
ment of the legislature was that farm labor
and domestic labor and the pursuits In which
such labor is performed nro of n character
which render it unnecessary to prescribe the
hours. We do not think this brings the case
'within the rule applying to special , or class
legislation. It is true Unit farm laborers may
uud often do perform work of the same kind
ns that done by mechanics , or labor other
than agricultural. Hut this Is Incidental and
occasional. The law has regard to the general
nature of farm and doinestlelabor on the ono
side and mechanical and other kinds of labor
upon the other. To another constitutional
objection wo answer that the act is complete
in lUelf , carrying the whole/ / sub
ject of hours of labor so far
as tno legislature Intended to malt o
any provision , and repealing by implication
the only previous act upon the subject. It is
not. therefore , an amendatory law , and does
not como within the decisions cited on that
ubjcct.
Its title , "To Hogulato the Hours of
Labor , " etc. , seems tu us an appropriate ono
and broad enough to cover all of the objects
of the net , ns wo interpret It. If , however ,
any particular provision should bo held not
to bo within tlio scope of the title , that pro
vision should be disregarded and the act in
otlior respects uptield.
In determining the tire per construction of
the net , and whether Us provisions nro un
constitutional , certain established rules must
bo recognl/ed. Tlio object und spirit of the
act must bo ascertained. It must bu held to
be constitutional unless its terms violate or
contradict some express provision of the con
stitution or some principle of fundamental
right implicitly guaranteed or protected by
it , or which exists nbovo and independ
ent of either law or constitution. If
the language or terms of an act
are ambiguous ; if the moaning
and intent Is clear ; if ills susceptible of two
constructions , upon ono of which it can bo
upheld as valid and constitutional , but upon
the other it must bo pronounced void by
reason of conflict with the constitution , or
with natural right , and In such case it Is tno
duty of the court to"givo it the construction
which will uphold it rather than that which
would annul it. Upon these rules nil courts
and Jurists agree. The act had its origin in
the movement and agitation of recent und
present times In favor of fewer hours of
labor and a shorter working day for laboring
mon. This general object and purpose few ,
if any , considerate and fair minded mo'i op
pose ; and certainly the judicial mind should
ECO in it nothing to disapprove. All eco
nomic und governmental measures which
tend to relieve labor from undue exactions ,
to Increase Its remunerations or its purchas
ing po'vor , to multiply the comforts and the
luxuries which a given amount of labor will
procure , cr to lesson the burdens of taxation
imposed upon It all such measures deserve
approbation and encouragement. Tl.o only
restraints which courts should or can Impose
upon them are these , If any , which may J o
jieci'ssnry to protect the legal or natural
rights of these alfoctcd by them.
The arguments at the barnndtho elaborate
and exhaustive briefs upon the scope and
validity of llio act tiiKo n wide range and dis
play much thought and research. The numer
ous authorities cited have had duo attention
nnd consideration , but wo do not deem It ex
pedient for the purpose of the present decis
ion to review or discuss ih'im. This will bo
moro appropriate in the reviewing tribunal ,
to which wo assume the final Judgment of the
court will bo submitted. We content our
selves with stating as briefly and succinctly
ns practicable our conclusions upon such
questions , nud only such as wo doom to bo
involved in the causa upon the legal issues
presented by the demuricrs.
We addressed ourselves first to the proper
construction of this net , which contains four
tcctlons ,
Section 1 Is plain , direct and unambiguous.
U declares that eight hours shall con
stitute n legal day's work for all
classes of mcohnnlcs , servants and laborers
except these engaged In farm or domestic
labor.
That the legislature may dollno what shall
bo understood and meant by the term "dnv's
work,1' when used In n statute or a contract ,
written or vorb.il. no one denies. Chapter
IM of the comullod statutes Is devoted to
weights and measures , stating in detail how
many pounds shall constitute , a ton , or a
bushel In the case of a largo number of arti
cles named , and proscribing penalties for
false weights nnd measures , The definition
of a day's work Is precisely the same kind of
lazihlatlon , and It cannot , bo doubted that
v.'hon A agrees to perform a day's work for
Hand has worked night hours In ono day
that ho hus porfouucd his contract.
For the sake of clearness wo pass over nt
this point the question of whether or not
HID same rulu applies in the case of an om-
pluy mcul by the wcolc , or bv I ho month , and
will review It In Its proper order. Section 2
gives us no aid In its construction. It
merely lays that open violation or
evasion of the provisions of the
net shall constitute malfeasance In ofllco
in the cases prescribed nnd work the suspnn-
clou or romeval of the ofllrnr designated.
heotlon tbrru Is Influential and very Im
portant In the Interpretation of the law.
Upon thin two of plilntlfl's alleged causes of
action depend , and upon It largely the quest
ion of ImmouHurnbla importance 'to laboring
moil und to the business world , whether or
not in the suto the right of private contract
rtimalns tu men of full ago nnd sound mind to
nmko Midi n ruomonts In regard to labor ns
the mutual Interests of the parties may re-
fjulrp. und limy prompt thorn to maUo.i
It * languugu Is thlss "Any employer or cor-
jjorallon working iholr employes over the
tlmo tpocltlod In this act xhnll pay us extra
rwfl [ . ii Atloii clouolo the amount per hour at
jM for tlio previous nour , "
TtttifalntlfT / by bis learned counsel Insists
< * Crl that ttn octlon covers nvery unsu
t't whkb man or rmrson actually works for
< . iftr mow than eluhl hour * In any one
44f h tfc r by the Illegal exaction or ru-
iha employur , or voluntarily In
a oontruot freely and intol-
Kutio oy tlio parties. In
Ant mwl * eoaml cause ot
* "MWI th plaintiff allege * a contract to
f.i'4 fftt ik tofandanl' * company for ton
I , , , n ) * 'i/ir / at w onuts p r hour , and nl-
* * / < ir > * ' h WM pai'l ' the full contract price ,
/ ) < MI , ' .ni * t'i , notwithstanding , ha Is
n' ii / , > i tx'rn < ornpciuailou prescribed
* 7 * * ' i 4 lit tba uiuth and tenth huurj.
Counsel for the defendant also adopts , or nt
least acquiesces In this construction of tin )
law , and upon tlmt Interpretation of It , found
a strong argument against its constitution *
nllty on the gonor.il ground of its atttfmpt to
abrogate the right of prlvntocontractsccurod
bv the constitution , nnd n fundamental right
o\ \ the ultl/ons of a frco government. To
this proposition very much of the argument
on both sides was directed nnd many cases
wor < ? cited. Wo hava boon greatly Instructed
bv the argument * and by the authorities
rtoil ! , lint upon mature deliberation and upon
the best reasoning which wo can apply to the
question , wo cannot .suuotlon the construc
tion put upon the act by the counsel. Homo
of our reasons for this conclusion will bo
stated.
I. If It had boon Intended to prohibit n
laborer from working , or making u valid con
tract to work moro than olght hours In ono
day for tbo same man , or corporation , it
would bavo been very easy to have said so In
clear and direct terms. Hut no language Is
found from tno beginning to the end of the
act which prohibits or in any way to dis
courage from making a contract to work as
many hours as ho may choose , either fir the
sumo employer or for moro than one.
This Is virtually , If not expressly , con
ceded by plaintiff's counsel , us wo under
stand his argument. Hut his case nnd his
argument rest without disguise upon the
theory that If a contract bo mnoo for moro
than olght hours' labor In ono day , nt so
much per hour ; and If the employer shall pay
the full contract price , as In his case the de
fendant did , yet the employe may recover an
additional extra compensation by virtue of
section II. It needs no argument to show
that If the law means this employers will
not , as a business transaction , muku con
tracts for moro than olght hours labor per
duv , and , practically , the result will bo the
same U9 if the laborer was directly prohibited
from making n contract to work moro than
elghthoiirs In n day for ono employer.
L1. The controlling words in section 0 nro
"working tholr employes over the tlmo
spccilled In this act. " Not working them
moro than eight hours In ono day , but "over
the tlmo snoclllod in this act. " What Is that
tlmo } The only sections which in any way
purport to specify the time , are the first ana
fourth. The llrst says that eight hours shall
constitute a legal day's work , etc. So far us
this section 'pocitlos time section n may well
and reasonably bo construed as applying only
to a case where an employe is "worked"
moro than eight hours under a contract for a
day's work. As to the time spucillcd lu sec
tion -I , them is no room for doubt or for con
struction. This is the language , omitting n
few words not material to the meaning :
"Any persons or parties , or any such cor
poration , or private employer , who shall fail
to comply with , or secretly evade , the provi
sions thereof , by exacting or requiring more
hours of labor Cor tno compensation agreed to
bo paid per day , than is heroin provided for ,
shall bo guilty of a misdemeanor. "
Nothing can be plainer than that this sec
tion refers only to a case whore there has
been nn agreement to pay a certain compen
sation per day ; and the employer exacts or
requires moro than eight hours' labor under
the agreement. The provisions of the act
are violated or evaded only when
the compensation "per day" has been
agreed upon , uud moro than eight hours
exacted. There Is no suggestion that the
act , or any provision of the act is violated or
evaded when the employe voluntarily works
moro than eight hours in u day and receives
the compensation agreed upon for the whole
number of hours.
Considering the act as a whole , our best
judgment Is that the right to "extra compen
sation , " given by section ! t , us well as the
penalty denounced by section 1 , is limited to
u case of evading or violating an agreement
for a day's labor.
II. The language of sections is : "Any
employer or corporation working tnoir em
ployes over the time specified In this act , "
oto. The word "working" Is used in an ac
tive sense. It clearly implies that the em
ployer requires or compels his employe to
\\ork over the time meant bv the section , if
wo say that a man works his apprentice too
many hours , or works his ani
mals too hard wo mean that ho
requires or compels the work to bo
done. The language used is Inapplicable to
the case of work voluntarily performed by
the laborer beyond the eight hours for the
sake of the extra wages agreed upon.
) . The plaintiff's construction of tbs act is
that the employer must pay extra
compensation if" ho merely suitors
nn employe to work moro than eight hours
In n day. If this bo so , suppose that A ,
without any contract as to time or wages ,
should work for U , with his knowledge and
Implied consent , nine hours or ten hours in
ono day. Can ho recover the statutory
"extra compensation" for the nine ar.d ten
hours , In addition to the reasonable value of
all his work ! If A works for U by the Job
for Instance In cutting a field of wheat , in
saulug a pile of wood , in excavating n collat
or in setting 100,000 ems of typo , und R per
mits him to work moro than"olght hours In
one day , Is ho HabiO for "extra compensa
tion" under the law ? If the contract Is for
eight hours , or n day , and the emplovo is
paid olT at the end of that tlmo und tuon rehired -
hired for two hours more and paid the agreed
price. Is , therefore , the law violated * It-does
not seem to us reasonable that the legisla
ture intended this.
. ! > . Loaning for aid beyond the letter of the
statute , nnd to its spirit an J purpose , the re
sult is the same. The act was framed , pre
sumably in the interest of laboring mon. It
has passed into an axiom that "labor is the
source of nil wealth. " It is the basis and
ground-work of all progress and civilisation.
Hut the feature of it with wmcti wo are here
concerned is this : With a largo portion of
our citi/.eus thclrlabor Is tholr only property.
The ability or tiiculty of labor Is their only
wealth. To deny them , by law , the right to
work as many hours , and earn as largo wages
as In their judgment they are able nnd will
ing to do , would be , in many cases , to de
prive them of the right to earn enough for
' .he comfort or necessities of tlkomselvus or
their families. No legislature has over at
tempted directly to do this. Shall wo say
that by this luw the Nebraska Inglslaturo has
attempted Indirectly to limit the opportuni
ties of labor to earn nil it can earn , and im-
poaoil penalties upon the employer who may
hire n laborer to work moro than olght hours
In ono nay ) Who can doubt that the law so
construed would , as a rule , prevent the
laborer from being employedi Such an in
tent should not bo imputed to the legislature
by Inference or doubtful construction.
0. It is within common knowledge moro
witnln the knowledge of business mon than
of judges -that many manufacturing and In
dustrial establishments , many lines of trans
portation and of other business , are and
must bo kept in operation moro
than olght hours per day sometimes
from necessity , sometimes for eco
nomical management. Is it intended
by the law that In all such cases the sot of
employes who have worked eight hours must
then bo discharged and others hired ( Must
another -ot uf employes stand ready to take
tholr places for two or four or inore'hours as
tlio necessities or exigencies ot the business
may demand ) H so , what is gained from tbo
ohnngo , either by employer oromployuj If
thcro bo no purpose to evade the provisions
of the net , and the contract for the number
of hours' 1'ibar Is for the mutual interest of
the parties lu tholr own Judgment , why
should the law forbid or ulscourugo them
from making the contract or undertake to
nmko ouo for them ? Wo cannot ascribe to
the legislature n design to so provide.
1. U was strongly pressed lu argument that
the observance of an eight-hour day lu the
industrial world would bo a great social ad
vancement ; would hotter the condition nnd
promote the elevation of the laboring classes ,
und would tend to give employment to a
gieater number of men und women. Wu
ncod not and do not take Issua with counsel
upon the desirability of such an c > nd. nut
tnu question remains whether tlio leg
islature , has undertaken to compel
mon ngnlnst their will to contribute -
tribute to this bonollcont result , or
whether It is to bo accomplished by volun
tary action. Kvory laboring man for himself
mid till associations of laboring mon for themselves -
solves , are frea to refrain from laboring or
making contracts to labor moro hours than
they chuoio , or making contracts to work
otherwise than by the day , week or month.
May not the whole matter bo safely loft to
their own sense of duty to themselves , and
of justice to others , as we think this law has
In the main lolt ill Other considerations
mliht ( bo adverted as tending to the conclu
sion wo have reached , which , to avoid pro
lixity , wo puss by. And this conclusion
reudeis It necessary to determine whether
the law would bo unconstitutional if It at
tempted to prohibit such contracts as the
parties in this case mado.
The third cause of action alleges employ-
niont at fiSpor month , being $ J.l7 per day ;
the performance of ten hours labor on each
of two days ; payment of ! . thoreou , nnd
claims as extra compensation fifty-four cents
fur the ninth hour and 11,03 for the teuth
hour of each day.
This Involves the question whether under
such an employment tbo olght hour provision
applies. A week or a moutn u inaJo up ol a
certain number of working days Jn the
absence of any contract ns to the number of
hours'work to bo performed In a day ( however
it may IKS If the parties llx this by agreement )
it would seem tlmt the atatuatory definition
would govern , and that uhon the laborer has
worked olght hours In any day ho ban as to
that dav performed his contract. No special
agreement on the subject being alleged in tbo
jMHItlon , nnd It not appearing affirmatively
horofrom that the defendant waved his right
to compensation for the extra two hours , ho
Is entitled upon the general will of thn law to
n reasonable compensation therefor. Whether
or not the extra compensation provided for
by the statute can bo recovered ; whether or
not it Is In the nature of n penalty , nnd If so
whether tbo provision Is unconstitutional ,
are questions wo purposely nvold expressing
nn opinion upon nt this tlmo , ns they nro not
Involved In the doinurois. It will bo bettor
tlmt they should bo determined when they
arrlvo upon the proper allegation of fact In
the pleadings , or upon the proofs on trial.
They are questions of Importance In the
proper construction and consideration of the
"
net"nnd should bo fully nrguod before de
cision. Our conclusions upon the whole case
nro as follows :
First. The act in question ns wo construe
It Is valid and constitutional.
Second. Under u contract to perform n
dj's worn , except In the cn.se of
farm nnd domestic labor , the omplovo Is
required to work eight hours uncl no moro.
Third. The same rule In regard to the
number of hours' work applies lu hiring by
the week or month when there Is no special
agreement as to the number of hours'labor
to be required. The effect of such an agree
ment Is u question not presented lu this case
and not decided.
Foutth. If nn employer under n contract
exacts of nn employe moro work than Is required -
quired by It , ho is llablo for Its reasonable
value , but whether the extra compensation
prescribed by the statute can bo recovered is
u question not necessary to bo decided at this
statro of the caso.
Fifth. The act does not prevent or forbid
parlies from making n valid nnd binding con
tract for moro than eight hours' wurk in n
day in any employment.
Sixth. The demurrer to the first and second
causes of action must bo sustained , and the
demurrer to the third cause of action over
ruled.
For burns mid wonnus wo would recom
mend Salvation oil. All dealers sell it at 25
cents.
Many cases have como under our notice
whore n single bottle of Dr. Bull's cough
syrup relieved a sufferer from n severe cough
which baa been treated for months by corn-
potent physicians. M : .
Solid Trains From Onmhn.
Vostibuled , olootrio lifjhtoil and steam
boated , with Uio finest ( lining , sleeping
nnd reclining chair cat1 service in the
world , via the "Chicago & Omaha Short
Lino" of the Chicago , Milwaukee & St.
Paul Railway. Double daily train
service , leaving Omaha at 12:15 : p. m.
and 0:20 p. in. , with no transfui * at Coun
cil Bluffs ns heretofore. Apply loOl
Farnam street for tickets and further in
formation or address F. A. NASH ,
J. E. PUHSTON. Gen. Agt.
City Pass. Agt.
AA'XOUXVKMUtffS.
Following Verona Jarbeau's engagement nt
Hoyd's theater nro some of the strongest at
tractions that will bo seen in Omaha this sea
son. They are tloyl's comedy , "A Midnight
Hell ; " Joseph Arthur's roallstio play , "Tho
Still Alarm , " which has alwavs drawn well
in Omaha ; Sol Smith Unssell in his now play
by Edward E. Kiddur , called "Peaceful Val
ley1' ; Nat C. Goodwin in a ropertolro of new
plays , none ot which have over boon seen
iiere , nnd William II. Crane In "Tho Sena
tor , " the success tlmt cleared him $1)0,000 ) last
year , and uboot which all the east Is taliclng.
The end of the Cruna engagement will take
us up to the . > th of November only , nnd the
attractions for the remainder of the season
will bo particularly brilliant.
Ono of the most pleasing auxiliaries of
Hoyd's now theatre Is the magnificent
orchestra , which in the bands of Prof. Hut-
lor has in a very short time gained the prom
inence of being the tlrst organization of in
strumentalists iu tno city. To levers of
music the interlude numbers played by this
orchestra are ns interesting as the play
itself , and no doubt is the moans of attract
ing many people to the theater. The mem
bers of the orchestra nave been very care
fully selected , and each Is a soloist upon his
instrument , with the possible exceptions of
the drummer nnd the double bass player.
H. .T. Dillon , who plays the part of the
clonryman in Iloyt's "A Midnight Bell , "
which will bo presented ut Bnyd's now
theater next Thursday evening , made such n
decided hit in its first presentation that Mr.
Hoyt elaborated the part and made it of moro
Importance than originally intended. A
clergyman who witnessed the performance
In Chicago recently is quoted as saying ,
"Mr. Hoyt Is entitled to the credit of having
placed upon the stairo u character represent
ing a clergyman that does honor to th6 cloth
and commands the sincere respect of every
auditor. " The engagement of "A Midnight
Bell" ut Boyd's now theater is for throe
nights and Saturday matluoc , commencing
Thursday evening next. The sale of seats
opens Wednesday morning.
Are you a cruel man , or only n chump.
Your horse has chafed his neck until it is ab
solutely cruel to make him work , or he has
cut himself on a wire or a nail. Now do you
know that ono bottle of Hallor's Barb Wire
liniment will absolutely euro every cut ,
bruise or old soroJ Just try it.
SOUTH U.MA11.1.
Growth of till Outtlo Mnrkot ,
There was a heavy run of cattle at the
yards yoatorday. The oatiinutoa receipts tor
the week arc liO.OOO cattle , against 23,000 last
week. Among the shipments yesterday were
several long trains of Montana rangers , nnd
the probabilities are that the hoavv run of
range cattle will crowd out the natives. The
quality of the rangers now coming In Is get
ting bolter as the season advances.
There were 'JTb07 feeders sent to this mar
ket during the last month , against I/ ! ) ) , " ) last
year. So lar this month the snlpmonts of
feeders have boon over ( K)0 ) curs or 20,000
head , moro than double last year's record.
Those llguros demonstrate the almost pno-
nomunal growth of the local market as a
distributing point for the feeder trade of iho
Missouri valley. Our ulrclo of lerrltorv is
widening each year and our market attract
ing now buyers.
Another vciry noticeable thing this yonr is
that the farmers are going to feed u very
largo per cent of tholr present immense com
crop , and this means a largo increase in the
supply of corn fed cattle for tlio winter mar
ket.
ket.Tlio farmers have about given up the idea
of getting exorbitant prices for tholr corn
and have taken to feeding it to tholr stock ,
knowing they can realUo mnro thereby.
South Omaha's position as a feeder market is
fully established , but It Is nevertheless gra
tifying to note an increase of ever 10 J per
cent In the amount of business douo compared
with last year ,
City Not > i.
Joe Dunuo , an all around tough and baa
man , is In jail for decorating the physiognomy
of Pete Judson , n boon companion , Saturday
ulcht. v
Jotiu Hue , n Polack residing In the vicinity
of Indian Hill , was sot upon last evening
while returning homo by some roughs , badly
beaten and robbed of 110.
' Hluo Mountain Jack" Is the ouphonlus
tiamo of a burly Swede , who was the hero of
n bar room row Saturday night. Jack will
explain to Judge King this morning.
A handsome , complexion Is ono of the groit-
est charms a woman can possess. 1'ozioni'a
complexion powder gives it.
GRAND ARM } DEPARTMENT ,
Touching Scenes at tbo Annual Meeting of
the Army ofitho Tonuessoo.
TRIBUTE TO THE MEMORY OF SHERMAN ,
Grnnt'H Old IIoiljl Oiiiirtl Dentil ol'n
Mbliy Prison VnteriuiTlio L'rlon-
IC.HH liiultfo An Aiiponl tu
Vermont Veterans.
Tlio nnntinl nicotine or tbo Society of the
Army of the Toiinojsco wai hold In Chicago
on the 8th lust , The attondmico was lar o
and the mooting in all roipoets a ploasnut
anil profitable reunion. The death of General
Wllllnm Tccumsoh Sherman , president of
the association , naturally marred and chilled
the happiness of the occasion.
General Urcnvlllo M. Uodgo of Council
UlufT3 , Iu. , was chosen president for the en-
sultii ; year. Ho Is the third president of the
society. The other ofllwri chosen nro :
Colonel C. Cadlo of Cincinnati , recording
secretary. Colonel Andrew Hlckcnloonor of
Cincinnati , corresponding secretary ; General
F. M. Farce of Sundnslcy , OM treasurer , and
a large list of vlco presidents.
A pleasant incident of the meeting was the
presoncoot Airs. General Grant. A recep
tion was arranged at the residence of Potter
Palmer , which was attended oy members of
the society , all of whom warmly greeted the
widow of the crcat commander.
The follo\viiK | tribute to the memory of
General bhermaii was reverently adopted :
Whereas , An nll-wlso and overruling prov
idence hus by the hands of death taken fiom
our midst our beloved comrade , our adored
commander , General William Tccumseh
Sherman , it Is lilting that we , the Society of
the Army of the Tennessee , put on record in
tribute to his memory an expression com
memorating In flttiiiK words the inestimable
service rendered by him to Ins country in
the capacity of commander , rnnUIng soonu
only to Grant , the peerless uhleftain , with
who- natno his own will cvor remain imperishably -
porishably linked in history anu whoso fnmo
no will continue to share as ho shared with
him the unceasing cares and torturing ro-
snonsibllitios of the mightiest struggle for
liberty and union known in the anuahi of
time :
Recounting how wo , the Society of the
Army of Tennessee , who saw him day by
day , mm felt the inspiring magnetism ol Ms
oxampla from Corinth to Washington ; who
submitted to his command so willingly
throughout the war and hoard his command
over only to obey , and who , the war being
over , felt the glow of that Ulndly heart , that ,
gcnorous soul , that genial comnanlonship
which boutul us to him with ties far stronger
than the steel hooks of military auty , until ,
as wo had first measured him ns a com
mander of brigade , of division , of corps , of
army , so wo came at last to measure him as n
social , genial companionable comrade , presi
dent of our society , keenly alive to the amen
ities of our gentler human nauiru :
Recalling with delight the personal rem
iniscences In which he so freely Indulged ,
happy , original , historical ; recalling his
pliiln outspoken honesty for it was char
acteristic of him to speak ns ho thought ; re
calling the hearty- responsive , social spirit
with which ho ever welcomed us all ns com
rades and as equals for ho met our ovorv
wish and expression of good will with a response -
sponso which brought us so near to him that
wo felt us if wo could not part ;
Honoring him for his true spirit of Amer
icanism during and since the war , a spirit
wnieh brought him over uoarer and nearer to ,
the people in civic lifo until they camotolovo
the determined soldier for the charms of his
personality , so that the death of no otnor
man then living could have loft a deeper and
wider void in the hearts of the A merion n
people ; honoring him for the uncomnromis-
Ing adherence to the siirit-ot | nationality , the
principle which inspired him to deeds of
Valor in war , and to urgent warnings to his
countrymen when in peace , It was sometimes
thought possible that wo might again have to
"tighten our bolts ; " honoring him for hav
ing no doubts and expressing noao as to what
as soldiers wo had fought for , accomplished
and demanded as the results of the war , an
Imperishable legacy to his countrymen , over
and beyond that transmitted ns a great sol
dier and commander ; and lastly ,
Declaring our heartfelt sorro\\ > for his
death , our entire and deep sympathy with
his children in their touching and undying
love and reverence for his name ; declaring
our profound appreciation of his matchless
service to his country and our boundless sat
isfaction In knowing that , while all of him
that was mortal ldead to us , the disem
bodied essence of his lifo goes on niul ro-
maius the heritage of the nation ; to this end
ho it
Rosolvoil. That this , our tribute to the
memory of General William Tecumseh Sher
man , souio tlmo commander of ouch
oC its separate units , and finally of the entire -
tire Army of the Tennessee from Shlloh to
the end of the war , an original member of
this society from its organisation , and its
president from the tlmo of the death of Gen
eral Uawllngs to the date of his own , be
suitably engrossed , uproad upon the minutes
of this meeting and preserved with the
records of the Society of the Armv of tno
Tennessee.
Kosolved , Further , that the secretary of
this hocioty bo and is hereby instructed to
transmit a duly authenticated copy of this
Di-camble ana resolution to the surviving
members of the family of General Sherman.
Qrnnt'n Old inxly Guard.
General Grant's old body guard company
A , Fourth Illinois cavalry , was conspicuous
in the ceremonies attending the unveiling of
the Grant monument in Chicago. The com
pany was organized in August , 1SU1 , for "three
years or the war. " The roster of company
A , as mustered Into the Fourth cavalry , Au
gust 20 , 1801 , at Ottawa , 111. , was K. L ) O -
band , captain ; D. il. Gilo , first lieutenant :
James Sherlock , second lieutenant ; bamuel
12. Lowe , orderly sergeant. The sergeants
wore Chapin , Throop , Elston , Lincoln und
Wing. There were other non-commissioned
ofilcors and sixty privates.
In December , 1SU1 , the I'onrth Illinois cav
alry had Just arrived at Cairohaving marched
overland from Ottuwa , 111. , wnorc they had
been organized i\nd mustered Into the service ,
and on the afternoon of December 8 , the ad
jutant of the regiment , Harry Dox , received
the following order :
Par. S. The comi'iandlng nfllcof of the
Fourth Illinois cavalry will detail a company
from the regiment for duty at tlioso head
quarters. They will report tomorrow for or
ders. ly command.-
DIUOUHDK Cn.sT.iui. U. S. On NT.
loiiv A. KIWI.IVOS , A. A. U.
Colonel T. Lyle Diekov , who had command
of twelve line companies , desired to keep
them Intact , but the order was Imperative
Finally it was decided to determine by lot
which company shonld go to headquarters.
Company A won.
The next morning the company reported
for duty with General Grant and remained
continuously with him until after the battle
of Lookout'Mountain , in Novomoor , 18U ( , or
moro than two yean of personal service ,
during that tlmo nding with nlm und carryIng -
Ing his orders manytnousand miles.
A remnant of the "old guard" tinned out
In the parade ninoqR the veterans. No ono
in the procession hud the light to claim a
closer personal anowlodgo of the "Old Com
mander" than the troopers who rode with
him on nuny Jloldl The survivors of the
body guard rosldlngtln Chicuiro nro :
H. S. Mend. H. 1 * Htm fix. lion Wlnic.
IWuli'n H KlKliin. < ' . II. t'rei'il.
U lliuilou J ( Jliwilo. II'ullAli. .
A Kiuurr W .Mi'llermott. < > Moon.
IWrimfili. O 11. ninidii. O. T. llnmlMI
j ( I Wmlaworth 11. Uoiinur * . It. M. .luliniton.
Ull , lluuou. U , Mann. 1) . U. ( illu.
iaking
Si iifrlAi
Used in Millious of Homes 40 Years the Standard.
FOUR WAYS TO CURE A COLD.
Any ouo of the four fallowing wny U Rood.
UKD the 0110 that teems most usruutiblu niul
convenient.
I. llntlin the feet In wnrmwUrr. . t.-iko a
winriiliiRifiil f sumo | iuro stlniiilnntrliNktw (
liroforntily ) In hot water anil remain lu u warm
rnoiu ,
II. llnthotho fnco In very hot water fre
quently fornnliaur , tukou ifttlti piun nhUkcy
In hot watfriind RD to bcil. It Is \ > ell to ru-
tnnnibcr Unit ( \rhlsUoy mutt bu pure1.
III. Aflor huvlnn tiiUeii a wlncKluiifiil of
liuro whNkoy In hot wnter , siiuir hot v\lt
water up tlici nottrlls a fuw times. Itunoat
ovury three hours.
IV. Ttikosomunctlvo excroNo In the oion
air. nnd on rntuflnu tlir houxo tukosomo pure
ineilU'lnul whiskey niul thun Ueop warm.
In mliiB whiskey for curing a eold or any
other imriMWD it slioulil nlwnys bo roinetu-
bored dial any oilier Hunt absolutely pure
wlilsliry u harmful In Its ulTcctti. Huiry's
I'uro Malt Is the only rollablo stamlimt nhli-
l < uy on tlio marKDt. Us uiirlty nml vulno are
vouched for by thn loii'llnit doctors niul scion-
lists of the dny. You eun got It from your
drimnlst or groeiT Tiiku no Biibstltuto.
Drs. BETTS & BETTS
PHYSICIANS , SURGEOHS and SPECIALISTS ,
1409 DOUGLAS ST. ,
OMAHA , NEBRASKA.
Office hours from 0 a. in. to 8 p. m. Smulaj
from 10 n. m. to 1 1 > . m.
Specialists in Chronic , Nervous , Bkin nnd Dlood
Dibcascs.
-ConflnHntlon nt oflico or by mnll free
Medicines nent by mnil or czpr a , eocuroly
pricked , free from observation. ( Jimrautcea to
euro quickly , palely nnd permanently.
The mot widely nnd favorably known ppoclnl-
leta In tlio United Btnton. Tholr louc experience ,
ronmrknblo nkill and universal encrenn in tlio
treatment mid euro of Ncrvoun , Chronic nnd Knr-
Klcnl Disenfiort , entitle tlieso eminent iiliynicians
to tlio full confidence of the alllicUxl every wlioro
They Runruntco
A CERTAIN AND POSITIVE CUBE for the
awful rITccts of early vice nud tlionumerona urllb
tlmt follow m its train.
PRIVATE , BtOOD AND SKIN DJSEASES
speedily , completely nnd permanently cured.
NERVOUS DEBILITY AND SEXUAL DISORDERS -
ORDERS yield readily to their skillful Ireat-
ment. ,
PILES , FISTULA AND RECTAL V i
Riinrnntced cured without puin or detention
from business.
HYDHOCELE AND VARICOCELE pcrma.
ncntly and miccesnfnlly cured in every cn e.
SVPH1LI8 , qONOIMUUKA , OMJ1711 , Bpormn-
torrhren , Hemiunl Wonkneen , host Mnnhood ,
Night KmiBsinnB , Iocn > ed FncnltieH , Female
Weakness and all delicate dieordort ) peculiar to
either POX positively cured , ns well ns nil func
tional dleordcra that result from youthful folliet-
or the OICCPU of mature years.
Cfriftliro Guaranteed pprrnnnontly cowl ,
Oil I U III I C removal complete , without cut
ting , caustic or dilatation. Cure effected nt
liomo by patient without a momenta pain or
nnuojauco.
TO YOUNG AND MIDDLE-AGED MEN
AQl ! * o Pnra Tim nwful effects of early
OUi C VlUI C vice which brint-s organic
weakness , destroying both mind nnd body , with
nil ita dreaded ills , permanently cured.
Rl'O Ruffe AddrcBH thof > o who have impnr.
HI O. DCILO od thoiiiBelvca by improimr in-
duli enco nnd solitary linbitx. which ruin hotli
mind nnd body , unfitting them for buBlncbs ,
study or mairinco.
MAHIIICD MEN , or UIOBO entering on tlmt
hnipy ; life , aware o physical debility , quickly
UBuintod.
C5 "Send 6 cents postaso for celebrated works
on Chronic , Nervous nnd Delicate. ] ) ifences.
ThonBnndu cured. CS A friendly letter or call .
may envo yon future sulferinu und slmme , und
add golden years to lifo. C t7"No latter answered
uulesf accompanied by 4 cents in Btampa.
Address , cr call on
DBS. BETTS & BETTS ,
I4O9 Douglas St. ,
ORflAHA , NEBRASKA.
fil > IKir > 'll < H' < t , ftlPCt IIIHl I
ciiied In ' - ' ilnvs by the Prouch Itemcdy entlt-
li'n tbo KINO It dissolves agnlpst and Is ab-
soibed Into the Inilamcd pails , \\lll i of nnd
mi ntiy If It does not cure , or caim1 * . stricture.
( Ji ntlonn'ii , hero Is a inllablu article , fl a
pi ckuito , orfontl per mall prepaid JlcUor-
in clc & Mind. Omahn.
0OCTOR
stop a Cough In ono night. ;
check a Cold in a clay , and CUHS ;
Consumption if talcen in time. {
IF THE LITTLE ONES HAVE ;
WHOOPING COUGH OR CROUP :
Dse it Promptly. ;
A 25 cenf ;
bottle may ;
their ;
Aslc ;
, . _ . for it.-
„
It Tastes Good , I
PURE PINK , PILLS. :
Dr. Acker's English Pills
CVKK CONSTIl'.YTIOrV.
null , pliu.niit , itliiturltu tilth I lie n.llc" . ;
' . H. llOOKIill A CO , < V.'cst lroacl ! ay ,
rou HAM : HV KHUN .t co. and
MAN .t -CONMM < < U Omaha.
LeDuc's Periodical Pills.
The Fri'iii'li lunii'dy nets ( llriH-tly upon the
RUIIIT i tile orjjuus and cures siippi < " > slon otlliu
iiioilhus. titnHim' fin * 5. mid vitn lie mulled.
Mhould not lin used diirini ; pru iianuy. Jolilinrs ,
clriiKnlstsuiiil Uio public supplied liy Uoudimm
Driii ; Co. , Umulm.
NO OTIIISTt
LEAVES A DEMCATB AND LASTING Ocon.
rornalobjrulinruit nnd KnncrOoo < l Di-iilrrn or If
utiiililo to procure this vruiiilvrltilinait scwl5u
In lamps nml rccclru n cuko liy return mull.
JAS. S. KIRK & CO. , Chicago.
HIT.CIAI.-Slmnrton IlelliVtTtx ( tlio txnmlnr
Society wiilli ) < < nt PHij : to unjono Dundlnv U9
ihreu wrappers of bliundon Hells bujp.
AUKNUINK MICHOIIH KII.I.KK h
r.KAini'ATOK- " " " all ill.onsu * Do-aiiio II kllli
Ihu uilcrnbo or irerni I'm uii mid n't Uud In IJ. II
BiiMS ! ; , Ilia luttor 2) ) iralluiK. BenliiiiirwIiBriJ
prcpild im rcculptof prlcaor UO. I ) Woliiuoa
tuarnntej l euro. Tliu uubllo lr 'lt ' ) mil lol > -
1,0 mippllcd Iti llio KlniHT Ilnu CoMip.nr
Omnlmi C. A Mclclior. Howard MyeM n I K. J
Hoykora. Houtll Onmlu , A l > I ust'T uil I M 1'
Kill * , Council Ilium , _
BalTarlnc from
the < ilrvt < /
youthful urro-l
Vrof. 1' . C. 1'f iVLIUI. Jttoodui , Coim
nnnilTI KAXIUUVOOII I il-dL'l.l i rro Iliu
Illl III I I A buit nnd onlr c i > iulu pru.cr bed Ur
UUUU I n uvular ptiyilUain tut Ilia mru of
Oonorrhoia and ul clinrK < ' from the urinary owaiu
ovcrctt caioi Uayi. tl-W put box. All JruggUH
Are You a Republican ?
You believe in "protection , " don't you ? Pro
tection for home industries goes , don't it ?
Have you got a boy ? He's a sort of a home
industry , isn't he ? Is he protected ? Has he
got good warm clothes to wear -when it
gets stinging cold ? Has he got a good warm
overcoat ? If he hasn't , you should buy him
one this week and teach him the beauties of
protection early in life.
Are You a Democrat ?
You believe in "free trade , " don't you ? Be
lieve in buying where you can buy the cheap
est , don't you ? Believe in buying when you
can get the most for your money , don't you ?
Have you got a boy ? Take him with you this
week and buy him an overcoat. Look all
around town , then come here. Show him
that the "dollar bill" plays a more important
' part in buying than the "McKinley bill. "
He'll learn easy.
Are You an Independent
Want to buy where eighty-five cents will clothe work of a dollar ,
don't you ? Believe t II men are equal , nnd that you're i.sbig n toncl
as there Is in the puddle , oh ? Have you got n bov ? Want to mnko
nn Independent of him ? Take him with you to'buy nn overeat
this week , and when you're asked eight or ten dollars for n boy'a
coat , be Independent , don't buy it. Como here. You'll tench your
boy.
Boys' Overcoats ,
For boys B to 12 years old. Mnde In handsome
blue stripe , with cape , with fine linings nntt $1.50
1'nney sleeve linings ; actual values up to$2.3O at
Boys' Overcoats ,
For boys 5 to 12 yenrs old. Made in handsome
brown plaid cheviots , with cape , with fine lin
ings nnd fancy sleeve linings , actual value $2.75
$4.26 , at
Boys' Overcoats ,
For boys B to 12 yenrs old. Made of magnificent all
wool , fancy cheviot , with cape , fine serge lin $3.75
ings , and fancy sleeve lining , value , $ G.OO , at
Boys' Ulsters ,
Per boys 13 to 18 yenrs old. Made of great thick
eh viet , cut long , with wide collar , with fancy
plaid cnssimero lining , nctunl value up tot5.OO $3.90
or $7.OO , at
Boys' Overcoats ,
For boys and young men 13 to 19 yenrs old. Made
of strictly all wool , heavy cassiniiire , with vel
vet collar , with fine serge lining and fancy & 5.50
sleeve lining. Actual valueS.BO , at r
The Argument is All on our Side.
THE !
Is The Best
In tlic iiiaikct.
TRY IT AND BE CON-
VJNCED.
SAVE YOUR EYESIGHT
OPTICAL
HOUSE
OK TUB
ALOE & PENFOID CO. ,
Practical Opticians
mperlor lo all otlio'rj : Vur'li'ti ' nro nperlur. will
. ' bo framci projietlf ail-
not wi-nry or llro tliu ejes. 'I
juitcil to the fnco.
Eyes Tented Free of Charge.
Prires Low for First-class Goods.
VllK AT.OK.fc PKNKOM ) CO. ,
111 H. Ifith Ht , no.xt ( lootto I' . O.
Croif/hlon ItlouU.
Ir.'Baflaylr
DENTIST.W'
Thlnl I'loor I'lixton llluc-U.
'IVlcpono IDS. ' . . l th nml rnriiiim Sis.
A full not of ti'olli. mi rilKlior. fur t IVifnct
III Tooth w tliiiut uliiti's or ii'iiioviililo
i ttorK , JU-.1 the lltiiin for niiuuri , unit
. . ,
Teetli Extract ! I Without Pain
AH fillings at ronsimnblo rutm. nil \\orlt
win r , into I. Cut 111 H out Mr n itiiiili * .
"JOSEPH GILLOTT'S '
STEEL PENS.
GOLD MEDAL , PARIS EXPOSITION , 1880.
THE MOST PERFECT OF PENS.
_
UNION DEPOT HOTEL.
Cuiiior lOlli and Slnsuu MiteU
Now bulldlnif , now funilluro , every in nt
clam. llno l IncMluu In tlio city a iii" urn Im-
liroTiiiii'iili , hloam Heal , ( lai Call lloil. Ilitli
. Klurtrio iiml < a M
roimertloni
i > qi | lUrtwr Hliopln Mn
L-ar l an ii.irt of tlio city Try in and w < n-
Timed thai wo lia\u llio U-U l" > " " 0 for 5' ' . ' ° ' "
nt-itof UiiCU ) Itatoa li mill ( H lu II 0) | > o
a ay - -
H"O 1 1 CiQ IMTHKWOdlPWIU.
O B Ft L0C9O ptT IN A
'
" . J'lerce'ii AlaRiietlo
Klve rollef Ilku" Dr.
or .
. 1 ! a"cumltliou iMl I f ) u aiit ll.o
Tr It
r. . . .
. I.
IIKhT.neiid lolii"i mi > * torfH'ptymi'l'l'.t.Vi. '
MMiieUo liUiUc Trun Co. , bhU Pmucbru , . l
MOORE'S HIFE
Alexandria , Mo. , Apr. C , 'b9.
Ur. .T. R. Moore
Dear Sir : I obtained u bottle of med
icine , Tree of Lifo , from our dnitfffist
lioro , II. C. Ainloi"jon , and have iisud it
nrconllnff to diroolioiiH. except to re-
diifo the doho n little , IIB it is iirotty
Btrorifr inodioino uud { jots in UH work ,
in tlio right time and iilaco. Youra truly
WM. WOOD
Mooru'1 Truj of l.lfi ) n poiUlvn tura lor Kllna ?
ami IIvor uuplilnt an I all u eel dHoiv ) , . ( ( onus
pnyto imiMr ir.iun you nm uniar uiliu Moora'
Treaof l.lfo. tuu.JrJU l.lfJ Kiincilr !
OMAHA , NEB.
Nos. 100 , 110 and 112N. llthSt ,
TELEPHONE 1772.
PROTECTED BY U. B. PATCMTS.
Manufacturers of Iron and Steel Ribbon
Yard and Lawn Fences , also Farm , Stock ,
Park and Cemetery Fences. The cheapest ,
most'artlstlo and durable fence In the
market. Manufacturers'agents for Archi
tectural Iron work of all kinds , and for the
celebrated Buckthorn Steel Ribbon Wire.
Call at factory and tec tamplei ,
Send fir Patnlot-uM inj Prices ,
FUR CAPES.
MEN'S FUR
OVERCOATS.
end All Fashionable
CLOTH AND PLUSH CLOAK3
t VBcnd for Faiblon nook mailed f re * .
Reliable Hanufacturars
101 & 103 Slate SI.Chlcac.o.
LADIES WANTED !
'or u i dur n ' 1 1up1 1 liuurH nt liotiio.
( t : nittlii" AMiIrr" ltli ntuliip ,
AltTCU. V-tToinuio I'lueu , llustou ,