THE OMAHA DAILY BKE : THURSDAY , MAHCH 17 , 1892. THEY ALL FAVOR HARRISON Eonator Mandorson Speaks Emphatically on Eccent Annoying Humors. HIS IDEA ABOUT NEBRASKA'S ' CHOICE Notlil'iK fun IHvlilo llio Htnlc on the ; yiir tliiu of I'M'MdMittfil I'rrfiri-iH-c Now -inniti \ > j U'lilrli Indium Will Ho I'nrnliilii'il I' . I. HtmniU or TUB IKE , | 513 FOUHTKKNTII Sritr.RT , Xf WASHINGTON , U. C. . Marcb ' A letter from J. S. Clnrkson nppoars In the papers this morning in which It Is stated that Senator Mantior.ion Is likely to bo n can didate for the presidential nomination at Minneapolis. Senator Mnndoraon Is much nnnoycd. Ho unld this afternoon ! "PutIt an strongly in you want to In TUB UBIS that I am not a candidate , will not bo it candidate , and can con ceive of no greater torture than to bo obliged to E pond fouryonrslu Ihovhlto houso. I suppose thojo suggestions are Intended to bn compli mentary , but they both nmuso and annoy mo because they have no basis In fact or Inclina tion on my own part. Nebraska will bo for Iho nominee of the republican convention , whom I believe will bo President Harrison. " Sir. I'd * ton's Vlo lliiilorncd. For some tlmo pnst Hon. William A. Pnx ton of Oinah.i has boun urging tbo substitu tion of drosscd meat for cattle on the hoof for issue lo the Indians nt Pine Kldgo and Rosebud agencies. Sennlor Mandorson will tomorrow strongly nudorso Mr. Pnxton'ti ' recommendation on the grounds of humanity , economy and tbo financial interests of the Indians , tie holds that If dressed beef were delivered at railroad points nearest Ihc agency nnd transportod'io Iho agency by the Indians tbo revenue from hauling would bo much creator than they now recelvo from tbo sale of hides , Agonuy'oxponso would also bo greatly decrcuscd , as the chief border and assistants would bo done awny with. There j Would bo no shrinkage or loss nnd Iho beef would bo dollvoica wllh much more rcgu- tartly nud satisfaction aud Ibo prcsontsystom of shooting and crippling boovcs and tortur ing cattle would bo tlone awuy with , Tbo onator will urge thcso points slroncly upon thu department and hopes to pave tbo way for a much-needed reform. Additional IVlnlnn Ii-Kisliitl < m. Senator Paddock , who is n mom oar of the committed on pensions , said this afternoon : "Tho statement tbat the scnato is opposed to nny additional pension legislation is not true. Our uommlllco has reported several bills of a general nature besides numerous bills for privuto roller. Ono Increases pensions in cases of deafness of both oars to 10 per month. Another amends existing laws for disability so thai Ibosu requiring periodical nsslslatico shall bo rated not exceeding $ .11) ) a month. Anolbor permits confederates who have since rc-onllslod in Ibo United States army and bocuuio disabled in Iho line of duly to como under the provision of the existing law. Still another extends Iho application of Iho law of IS'JO to widows , orphans and minors. These measures , whllo not radical , are dutnandcd by Justice and will , I boliavo , pats tbo scnalo. " Arranging U o Spring TriinstiTH. Tbo War dcoarlmonl issued loday Iho long expected orders for Iho spring transfer of United Stales Iroops from Iho various army posts. Tbo number of regiments which will exchange stations is much smaller than ex pected. Tbo Twonty-llrst regiment , of In fantry is tbo only regiment which loaves tbo Department of the Plalte , the headquarters and Ilvo companies of tbat roglmont going to tbo Department of the East and the remainIng - Ing companies continuing under command of thu lieutenant colonel at Fort Sidney until further orders. This will decrease by flvo companies tbo Iroons now In tbo Uopartmonl ol the Platte , as no rcclmont Is ordered to take the place of the Twonly-Ilrst. The transfer of Ibo NlnlU cavalry from Forls Koblnson and Nlobrara and of Iho Second In fantry from Fort Omnba , which has boon under consideration , was postponed for the present. It Is not now considered probable lhat either reglmont will bo cbangod this year. The I'enth regiment of cavalry ex changes with tbo First , ouo troop of Indians f torn tbo First and another from tbo Sixth regiment , together with troops D nnd K of Ibo Seventh , being sent to Fort Sheridan , 111. , troou F of tbo Seventh to Fort Myor and troop II of the Seventh to Fort Uiloy. rhe remaining companies of the Ninth regi' monl of infantry join tholr roglmont In tbc Department of Ibo Host and exchange with a like number of companies of the Eleventh , Commi'iilH on tlio lloyd-Tlmycr Case. The Post this morning prints a lively odl toriul on Iho attempted resurrection of Governor ornor Thnyor. It concludes ns follows : "The claimant says tbat all ho wants is a vlndlca tlon , but the people generally seem to thlnli that a man wboso case has boon adjudged against him by the highest judicial tribunal of tb s country ought to abide by that decision , Of course if ho succeeds In implicating tbc United Slates supreme court In u conspiracy to defraud him of bis ofllco , as seems to be the theory on whicD ho Is now proceeding , ho would mid nmplo ground to stand on , but as nobody but himself puts nny faith In Ibc absurd Idea it would appear to bo tbo righl thing for his counsel to droo the case when it is , Mr. Thayer stands in no need of vln dicnlion by the courts. The best way It ; which to vindicate himself is to quit quar rcllngvlth Ibo Inevitable and go aboul hi ! business like a good citizen. Ills proson' ' course is not creditable to himself and It 1 : certainly not conducive to the interests o the republican party In Nooraska. " Mlxcolluiiuiiiin. Senator Pottlgrew appeared before the np proprlatlons committee of the scnato tbn afternoon and urged that an appropriation o $100,000 bo Incorporated in tbo Indian bill fo the establishment of Indian schools at Chum borlnln and Uapid Cltv. Ho also asked at /appropriation of 11(17,000 ( lo pay the Crow Aivok Indians fur the shortage In the nilot monts made to them. These iwo Items wll probably bo incorporated Into the bill. Tbi senator also asked that nn appropriation o $11HX ( ) bo Inserted to pay the Yankton scouti for services In 1BO-I. Tbo following : cortlticato was filed todaj aud It has created some amusement in con grcsslonal circles because or tbo unanimity with which the signers join in recommend Ing Mr. Bryan : "This is to certify that a a regular meeting of tbo democratic duloga tlon Iu congress from Nebraska , W. 3 Uryati , member of the First Nebraska ills trlot , was unanimously selected to represent the state of Nebraska on tbo congresslona committee. " This is signed by W. J. Bryan member of tbe democratic delegation iron , Nebraska. The economic house of representatives thi : morning cut down tbe joint resolution op proprlatlon for 150,000 conies of the papula : "Diseases of the Horse" to 45,000 copies Thcru nra h lf that many requests from Ne braska und Iowa ou tile. No volume prlutot by the government In late years boa been it such demand at the nor so book. Senator Mauderson and Paddock alone have cent ou yearly 'JO,000 copies. t W The pay corps of the army Is up In arrni x against tbe proposition to reduce its number and turn ever n large part of IU duties to lieu tenants of tbe line detailed for the purpose a various army potts. They protest that tbi T obbtigo from bonded to unboudodoolcors wll be unwlso and certain to react upon its sup gestors. The system was once tried fo tulrteon years and abandoned because of iu creasing defalcations and increased ox poDsos , whllo during the war under the proa cut system (1,100,000,000 wai disburse ! with a total of losses and expenses of les than three-fourths of I per cent. The WB department is understood to be against tbi measure which will prove sham economy o bo worst kind. The Laird eulogies will bo In print nex week anil ready for distribution. Kach Nu braskn senator gets 700 coploi for dlitrlbu lion. lion.J. J. II. Millard was In tbo city today and lof for tba west. Surgeon Kean , U. B. A. , has left Waul logton to join his station at St. Auguitlm I'la. P. B. H. "HVitcrn rmiiloni. , WASUIXOTOX , D. C. , March IB. fSpeda Telegram to TUB Bun.-Tbo ] following IU of p.'nslont granted Is reported by TUB BE nu Uxaralner Bureau of Claims ] Nebraska ) Original David Bowg , Noi n.an V. Duff. Miles Hcbooloraft , Orvill Uuipton , Jacob II. Holby , Dudley H. Po lard , August Klndlor , Dowltt C. Smith , Framing Hawkins , Joseph K. Arnold , Wil liam Uoyor , William McKdrco Taylor , Henry Plfer. Additional William H. Ilrowenoll , William Mendelsohn , Azro U. McLoltan , John Prescott , Philip N. Ault , Frederick Ollsor. Konowal and increase Artomtis O. Woodbury. Increase-John M. Domnreo. Original widows , etc. Mary. ) . Plorson. lown ; Original .Joseph II. Summorson , John Williams , DoWllder C. Jackson , Frnn- cli Klcst , Francis M. McCultouijh , Jacob II. Younger , McKlndroo Sownrd. Charles N , Preston , MnthO'v Taylor , Owen DrnuoLewis Khoadoi , Dyer D. D.innlng. William F. Strator , Gilbert S. Miller , Abraham M. Kir- kendall , Lewis Young , Jnmo § Dcighton. Charles E. Johnson. Uoiijamln Klbort , Alden Simons , John A. Keltnan , Lewis H. Krnnt , Adclbert P. Mtinson , Thomas C. White , /.a- bulon W. Burch. Orson O. Koovo. William W. Hey , deceased , Simon B. Solgol. Ad ditional ,1 nines Hnlford , Ueorio Philips , Amos Grlniih , Henry George , Isaiah P. Hoy- nolds. Incro.uo ICdwtn Brndway. Original widows , etc. Mary A. DelfTenbauKn. South Dakota ! Original-William O. Dick inson , Jnmos Van Hook. Original widows , etc. Christiana Decamp. Ni\v.H rou TIM : AKMV. Comiilnto last of C'lmiiRi'n In lm llcK li" ' Hcrvlcr. WASIIISOTOV. D. C. , March 10. [ Special Telegram to TIIK lies. ] The following as signment : to rojjlmonts of officers recently promoted anil transfers of oflleors nro or dered : Tno leave of absence on surgeon's certifi cate granted First Lieutenant Francis D. Kuckor , Second cavalry , Is extended ouo month. Loavn of ataoiico on surireon's cor- tillcato Is granted Cadet Chnrlos M. Chap man , Fourth class United States military academy , until Juno ir > , IS'Ji. The ordinary leave of absence granted Post Chaplain Wil liam K. Tulloy , U. b. A. , November 7 , 1801 , Is changed to leave of absence on surgeon's rcrllllciuo to date from March S > , ISfti , nud Is extended on account of sickness to Include r\r > ril 8 , 18UJ. First Lieutenant Uowland O. Hill , Twentieth Infantry , Is relieved from duty us Judge advocate of the general court nnrllnl convened nt David's island. First .loutonant , WallU O. Clarlr. Twolflh in- . 'antry , is detailed as jiidgo advocate of the general court martial convened at David's ' stand , ignorance Is no excuse In tbo eyes of thn Jaw , nor Is it an excuse for headache , as everybody Knows Bradycrotinu is a sure euro. .S.I/.I// ALTIIKA'H LAHT HKS8.LTWX. .nttor UUcovi-rril Itcvoiillncr Consplrncy to Kill Judge Torry. FIIRSN-O , Cal. . March 10. The safe In Sarah Altboa Terry's housohas boon blown open by friends , nnd papers and loiters secured which boar on the Sharon case and the alleged conspiracy to murder Judge Terry. Ono of the letters staled that no writer , who was formerly sheriff of ono of the counties of Ihls state , was offered SOo.OOO to kill Judge Terry. Ho ro- ectcd the proposition and was warned to eave the stnto on pain of assassination. The ivritor wont to Dubuquo. In , , from where the , otter requests Mrs. Terry to como and prom ises to put her in possession of proofs of the conspiracy. Other loiters found In the safe , aid to bo sensational , are not obtainable. Boocham'3 pills euros side hoadacho. H. E. Heath of Lincoln Is at the Puxton. C. J. Farrell of Lincoln is at the Arcade. J. Draito of Mindou , Nob. , is at the Pnxton. U. Wnnsworth of Wayne Is nt the Arcade. U. A. Osborn of Beatrice is at the Millard. H. M. Alien of Amos , Nob. , I * at the Mil- lard. lard.S. C. Blrchard of Davenport Is at the Del- lone. lone.H. . A. Hoffman of Cheyenne Is a Millard guost. Leo A. Agnew of Spokane Falls Is at the Murray. J. W. Post of Rapid City Is stopping at the Pnxton. J. L. Trober of Elmwood , Nob. , Is nt the Arcado. I. E. Allen of West Point , Nob. , is at the Dcllono. J. B. Lowry of Dos Moines is stopping at the Millard. Mr. K. Bentley of Rod Cloud Is roglstorod nt the Murray. E. B. Rudlger of Nebraska City Is a guest nt the Pax Ion. J. W. Kelly of Grand Island Is registered nt tbo Arcado. H. Wade Gillls of Tokamah was yesterday at the Millard. Vf. S. Summers of Lincoln was at the Mil lard yesterday. W. F. Dutton of Petersburg , Neb , , stop ping at the Arcado. Miss Lilly Lowe of Fremont , was at the Dollono.yesterday. Charles F. Hardy of Sioux City is regis tered at tbo Dollono. N. II. MoBrldo of Grand Island 1s regis tered at the Deltono. Dr. S. VnnNoas of Now York City is rogis- tared at tbo Paxton. Phillip P. Powell of the United States army Is at the Paxton. C. W. Whltmoro nnd wife of Chadron are domiciled at the Paxton. II. I' . Scott and L. C. Mudgoof Burlington are stopping at the Paxton , John Doran and daughter of Beatrice arc sequestered at the Dellono. Frank Cross and L. N. Craig of Sioux Citj are stopping at tbo Dollono. C. H , Anderson nnd wife of Pierre , S. D. , are domiciled at the Millard. Mrs. S. A. WatkliiH and son of St , Joseph uro domiciled at the Paxton. Mrs. T. E. Farrell of Hastings Is among the lady guests at the Pnxton. Mrs. Palmer of Schuylor , Nob. , Is among the lady guests at tbo Uellono. U. S. Scott and W. H. Dorsoy of Wahoo. Nob. , are stopping at the Murray. J. E.Sackott and wife und Miss J. Pad- dook of Denver are at the Dollono. Wrtllam U. nnd Ralph Parker are registered < torod at the Paxton- from South Dakota. Charles F. Arlvlno , JS. and F. E. Toppo of Vordnn , Neb. , are stopping at the Arcado. Job Hatbawuy and H. Blenstln of Horn- mlnjcford. Neb , , are stopping at thoArcado , George R. Scott , E. Laugblin and Thomas Yale 01 Beatrice were ut the Millard yester day. day.F. F. S. Clinton of Weening Water , Nob. , was among tbo arrivals yesterday at the Millard. II. S. Manvllle , a cattle feeder of Tildon , Nob. , Is registered at tbo Paxton. Ho Is now feeding 1,700 head of cattle , Mr. L. D. Fowler , cashier of the Gorman Savings bank , and wlfo returned yesterday from tholr trip to California. . Councilman Jlechol has as guests his brother , George H. Bechol , a druggist , and Ed Squire , banker and councilman , of Do , fiance , O , A 1'ittsburg party representing the United States Gloss company ii stopping at thi Murray. Tbo party is. composed of A. W , Hoggs , W. B. Llndtay , M. G. Bryce , P. E Brady , H. G , Bunert and wife. Mr. Fred Mason of Now Yorlf , a forraoj popular Omaha boy , Is In tbo city the guosi of Frank Hills , assistant auditor Union Pa cldo railway. Mr. Mason holds n responsible position with tbo Now Yorlf Associated press. Hon. A. V. Harlan of York wa * In the citj yesterday. Ho reports York county to be Ic a very Nourishing condition , The farmon are prospering and there has been a market ] advance In the price of farm lands. Sonv lands are now commanding at high as $50 pei acre , and have boon sold to a number of east ern farmers who will shortly locate in Yorli county , Mr. J. O. Houghton , treasurer of the Na tloual Life Insurance- company , arrived it the city yesterday morning from California Ho wai entertained by Mr. M. L. Uooder manager of tbo western department for thi National. After a drive about tbo city nlci lunch was prepared for Mr , Houghton ami i few of bis Now England friondi , Tno part ; left during the afternoon for the o&it verj much delighted with their stay in Omaha The National has invented over $50,000 of it capital to data In Omaha. For cough * and throat troubles use Br own Brouohlat Troches "They vtop an attack i my asthma cough very prompt ! v. " C , Fold Mlaratvtllo , O. SAVED BY A MERE SCRATCH Charles'E. Johnson's Hanging Postponed by the Supreme Oourt on a Technicality. OPINIONS HANDED DOWN YESTERDAY Many Important Onion Srttlod npnrr.tt Thtijrr Out of Court ImlRO Illnlr'i rrrdlrittnrnt I'rorprillnRA In thn Omalm 1'ollco OommlMlmi Cuio. LI.VCOI.V , Nob. , March 10. [ Special to TIIK BSE. ] Charles E. Johnson , n convicted murderer from Notnaha county , has , by vir tue of nn opinion handed down by the supreme - promo court of Nebraska today , boon grunted a now lease of llfo nnd may porhapj go Into the world a free man entirely. Ho was convicted for the murder of ono James Whitman In Noinaha county. The killing of Whitman was not donlod by John son , In fact It was admitted by him In express - press terras in his testimony. The homtcido occurod near Auburn on the forenoon of Juno Hi , 189.1 , on a tract of bay land throa acres In extant lying contiguous to ana west of the track of the Missouri Pacific railroad nnd about eighty rods north of thulr respec tive homos. 'Ihero had boon a con tention botwoou them with reference to the possession of the thrco acre tract In question , each claiming nnd assorting his right to the hay thorcon. A material question at the trial was which of the con tending parlies was the llrst to roach the scone of the tragedy on the morning of the killing , The theory of tbo prosecution was that Whitman was llrst on the ground , nnd was In the act of cutting the grass with a scythe when bo was shot by tbo accused. On the other hand Johnson claimed and tostlllcd that ho was llrst on Iho ground nnd wa < cut ting the grass when Whitman came from his home and assaulted him with a scythe and afteru ui-ds with a pilch fork , and that wncn ho tired the fatal shot ho was acting In self- defense. Johnson was the only witness wlio had personal knowledge of the facts attend ing the killing. In applying for 11 reversal of the case Johnson - son assigned four cuusos of error : ( I ) That the lower court erred in permitting tbo county attorney to endorse the names of ad ditional witnesses on the information ; ( U ) .hat the court erred In excusing two tnom- jors of the rocular panel on challenge for cause by the state ; ( It ) that the court urrod 'n Instructing the jury that it should take nlo consideration the interests of the do- 'ondant In determining the credit to which 10 Is entitled as n witness ; (4) ( ) that the court , erred In ins'trucling luut "good character U a circumstance of ( 'real weight In doubtful cases and of loss weight In lots doubtful cases. " The supreme court declined to admit the force of the assignment of the Ural thrco causes of error , but the fourth saved Mr. Johnson from the hangman's noose. Thonra- qtguous wording of the instruction of the judge in regard to the previous good char acter of the defendant was taken Into consid eration by the supreme court and the casoTo- versed on the cause of error assigned in this particular. On this point the decision says : "Previous good character of the accused in n criminal prosecution Is a fact which ho is en titled to have submitted for the considera tion of the Jury precisely us nny other cir cumstance favorable to him without any dis paragement by the court. Hence It Is error to instruct that 'good character is a circum stance of great weight In doubtiul cases and of less weight in less doubtful cases. ' " The lower court was reversed on this point and Mr. Johnson will have nn opportunity of clearing himself of the charge of murder In a new trial , County Sent OIIHO Iteveriuil. The now somewhat celebrated county scat contest In Dakota county was glvon another turn by an opinion handed down by the supreme court today. When this now famous contest was inaugurated a petition was presented to the Board of Commis sioners asking tbat an election bo called for the purpose of voting upon the question of tbo relocation of the county seat. Tbo as- applicatlon was resisted by a remonstrance of more than two-tlfths of ihti legal voters of the county , in which It was alleged that 1201 names on the petition were fraudulent ; that thirty-six had signed niuro than once : that other names were forgeries ; that'JOOhad boon Induced to sign by bribery ; that 2tJ'J who bad signed Iho petition subsequently signed Iho remonstrance ; tbat thirtv-ono were unlawful signers. A supplemental pe tition was also tiled. After considering the matter the board ordered the election asked for by the petitioners. Tbo mailer was taken into the courts and again the petition ers were victorious. Then the case was brougnt to the supreme court aud today was reversed. In its opinion the supreme court lays down the law in regard to county seat contests in a manner that will hardly bo mis understood In similar cases in the future. Tbo syllabus of tbo opinion is as follows : Under the provisions of section 1 , article : i , of chapter 17 , compiled statutes , a petition for the removal of n county sout must bo signed by "resident electors of the county equal In number to three-llfths of all the votes east In the county nt the lust gonerii election. The words "resident electors" nro used to distinguish actual residents of the county from such pursuits as are temporarily therein. In addition to tbo name of ouch petitioner the petition must show tbo section , townshi ] and raii < ? o on which , or the town or city In which ho resides , together with Ills ago am ! time nt residence ) In the county. The omis sion of nny of tlicso particulars will Ijosulll- clent to cause his rejection as n petitioner. In examining the names of the petitioner It IH the duty of the bonrd to carefully scru- tonlzo the entire list and reject till that are llclltlons , false or repetitious , und to permit proof tending to show that some or all o those who have signed the petition or reuions- stranco were not In fact resident electors of the county. The petition when presented must contain the names of all parsons who deslro to Hltjn tlio same us uotlltonnrs. A supplemental peti tion U unauthorized. No form of bribery to secure votes will bo sanctioned by the oonrw. This rule Is equally as Important In county seat elections an In other-eases. Tlio design of the law In to secure the free and voluntary expression of each voter of his choice for the county gout. . Supreme Court Opinions. At Its session this forenoon the supreme * court handed down opinions In a number ol cases. Tno gyllabl of tbo opinions rendered are as follows : Brockrnlro & Co. vs Rosa. Error from Sioux county. Reversed and remanded. Opinion by Mr. Chief Justlcu Maxwell. An action brought In the name of James H. llrookinlro & Co. Is not aubjuot to demurrer fur want of logul capacity of the plain tlifs to RUO. One of thorn atloust , on the face of the record , has such capacity and as the demurrer applied to all thu mumburs of the supposed Urm It should be overruled , ' When an action Is brought In the proper name of ouo of the plaintiff * , followed by the worda "and Co , , " a demurrer on the xronnd of a defect of parties plaintiff no doubt will He , but not for want of luxal capacity to sue. While an amendment of nti affidavit for an attachment may bo permitted when In fnr- tliorancu of justice even on the honrlng of tbe case , yet no now cause of attachment , which existed when the adtlon was brought , can bs brought In by amendment , By rum vs Peterson. Error from Antelopa county. Affirmed. Opinion by Mr. Ublel Justice Maxwell Where n remonstrance against the Issuance , of a license for the sale of Intoxtor.tlng llmmrs wu * duly IIlod with the Ilconslnu boarJ In which causes fatal to the ernniltiK of u llcensu were assigned and proof Introduced tomllnti to sustain nch uhurtioi , the board overruled the romonbtranue and granted a license to tlm applicant ; whereupon the remonstrants up- pealed to the district court und afterward * uppllnd to a Judeo of the' district court at chambers for a peremptory writ of inandamng to compel the board to rcvolcu the lleenbu uutll the decision ou appoul , Tbo tnilgo thormipon grunted tbo writ. Hold , There bulni ; no controversy as to the essential facts as ubovo stated , the judge had authority to grant the writ. Sample va Halo. Error from Lancaster county. Reversed and remanded. Opinioi by Mr. Chief Justlpe Maxwell. The state , when constructing a publio build lag. Is chargeable with a moral duty to pro- tuot tbo persons who furnish labor and ma terial for tuourcctlonof thn building UH fcru * uosslbln. Therefore , a prorUloa In u oontrae for the erection of such bulldliik' by which tin contractor "uvrecs to pay on * and settle Iu fill with tlm parlies entitled thereto all account : and olulius that may bucomodno by reason o laborers' and mechanics' wages , or for mui torlali furnished or snrvloes rumlerod , BO that oacli and all puraoua may receive nu or their jiibtdutMi In tliut behalf , " la not In excesao thu powers of lue Uoard of 1'ubllo hands um lIulldlnK * . nnd Iho sureties on the contractor's bond for the faithful potlHrHianco of the con tract will bo liable for dcf > l-nrlslnt ? under the above provision. Fremont , Klkhorn & Missouri Valley UnlU road company vs Solrlgn&t iKrror from York county. Adlrnicd , Opintyri by Mr. Justice Norval. " A will which hns been duly' ' proved and ad- tnltted to prolnto by ncttnrtiof Mstnr tnto hivltiz Jurisdiction may bo protutcd In thU st.-ito by tbo enmity court 'of nnv county In which the testator l ft utiipcrtv on which ( men will timy opurato. JnAiroeccdlnit to pro- bnto a fotolgn "III n copy oT the 3 uno am ) the pruhito thereof , duly iiulhtttt'cato : ! . must bo tirodnccd In the county omirt , and If allowed In this state must bo Illcd nnd recorded in siildi-onrt. A ccrtlllod copv of a will with n transorlpt of tbo record of tlio ciyinty.cntirt iidinlUIni ; the will lo prohnto timy bo itilmltled In nvld- euro without further iitithoutlcntlon. Whore ono holds roMi e tto under 11 contract - tract of purcbnsn made with tlm holder of thn local title , and ilpnn which oil piymonts Imvo teen miiile so us to entitle him to a deed , he may maintain an notion for ilumiiKes to the liind by reason of the location nnd cnnstritc- tlon of n r.illro.ul near thu snino. The linldor of tha legal tltlo should bo joined , but If no object Inn Is tiindn on that ground tbo i-qult- "lilo owner may lot-over his actual damages. Hannibal & < lrand Island Itnllro.id company vs Inxnlls. 13 Nob. . IS'l Holllday vs Brown. Error from Sownrd. Ou motion for rehearing. Former opinion adhcrrod to and rehearing denied , Opinion oy Mr. Chief .Justice Maxwell. Where an notion Is brought against a hits * bund and wlfo Iho latter must bo lawfully scrvoil with processor iinpoar voluntarily In tlm cuso to bo bound by I bo judgment. There Is an unwritten rillu In this court that tbo members thereof nru bound nnly by the points stated In the syllabus of oacli caso. Uacb JnilRo In the boly of nn opinion neces sarily must bo permitted to slate bis reasons In his own way , without binding the members of tbo couit lo ussent to nil Hitch reiM > iilnir , although fioy may concur In the conclusions ronchrd. Wnldlcy vs Stato. Error from Sallno county. Reversed and remanded. Opinion by Mr. Jttsltco Norval. Held that the seventh Instruction given by the court on Its own motion Is defective In that it omits tbo element of felonious Intent. To justify u conviction In a prosecution for grand liuvenv thn taking of the goods must biivubeun with felonious Intent. It Is not error for theiourt to rofnen to giro nn Instruction wbnro Iho same , In substance , has already been given , Atchisou & Nebraska Uallrond company vs Boernor. Error from Richardson county. Reversed anil remanded. Opinion by Mr. Justice Noival. \ \ hero several contiguous town lots nro used und treated by thu owner as onu property. In estimating his damages occasioned hv Iho ap propriation by a railroad comp.iiiv of one of MIC 11 lot.s and parts of two others for Us right of way the injury to thu entlio property should bu considered , although the petition Hied by thu company for tbo appointment of commissioners only describes Iho lots across which thu road is located. The Judgment of a district court on nppmil from an award of damages In condemnation proceedings Is conclusive upon the parties as lo nil < | iie < itlons actually litigated therein and : is to nil matters necessarily within the Issue Joined , although not formally litigated. Hulo applied. ' 1 ho dofomlnnt company constructed Its road acioss plalnllll's real estate and permanently obstructed n public street upon wlilcb thu property iibuts at a distance of several hun dred feet from tlm premises. Held , that thu owner could iii.ilntafii u-siilt : U law for the d.imsiues sustained by reason of thu closing of thu street. Chllds vs State. Eiror from Gaga counly. Reversed and rcmandod. Opinion oy Mr. Chief .luslico Maxwell. In n ptosecutlon for crand larceny the court Instructed Iho Jury : "On the question of ru.i- . sonabledoubt the court , Instructs the jury that the term'icasonuDlo doubt' as used In these Instructions means a.doubt , which has some seed rea on arlslni ; out of the evidence in Iho case ; surli a donlft as 'yon ' are rtblo lo Hnd a reason In the evidence for , " etc. Held , erroneous and cause for r.evewal of the Judg ment. Today's .Supromu Co'urt'Vrocoertliifjs. Stale ox rel Thnyor vs Bovd ; motion for judgment on mandate ! of United States supreme premo court sustained and notion dismissed. The following causosiweru argued and sub mitted : Hedgers vs jUraham , Uodgors vs Levy , Yolser vs Fulton. , , E ou Musoo com pany vs Yohee. v Morse vs Burns , dismissed. Court adjourned lo Jl'uosday , March 22 , al 0 o'clock u. in. , when Iho causes from Iho Elevenlh district , coirip'rlsihg Boone , Hall , Wheeler , Grccloy. Gnrllold. L.oup , Arnlloy , Howard , Blame , Thomas , iHooker and Grant counties , will bo called. „ \f \ .Imlgo lllalr llmlu't Seen It. A few prominent lawyers are giggling among themselves about the latest phusa in tbe Bnyd-Thayer case. March 5 General Cowln , Boyd's ' counsel , acknowledged ro- colpt of tbo mandate from the federal court. On the 7th of March John L. Webster , coun sel for Tbayor , accepted service. Thoii the matter rested. These attorneys did not pub licly annouuco tbo receipt of tbo mandate. General Cowm appeared before tbo state supreme - promo court Tuesday with Iho mandate and made Iho declaration that Mr. Webster would not appear before tbo court because he had nothing further to say. Joseph H. Blair was at tbo outset associate cousel for Thayor. Some days ago ho ad dressed a letter to Attorney General Hast ings in which bo argued that technically spoaldngTbayor was still governor. Tbo fuel that this loller was wrillnn nfler tbo ncknowledcomoent of the mandate by Mr. Webster has caused the broad legal .smile aforesaid. The natural inquiry is why did not Mr. Blair know of the receipt of the mandate. Thereby banes a tale , the fact ) of which were overboard in a conver sation In the Lincoln botnl yoslorday. It re lates to a blunder made In tbo case before the slate courl. Tbo answer Died on behalf of Boyd averred upon Information and belief that Joseph Boya , father of James E. Boyd , had as n mailer of fact completed his natur alisation in 1951 , at n ttmo when .lame * E. Boyd was a minor. The point upon which n majority of the supreme court of the United States concurred in the reversal of judgment of ouster was that the demurrer to the an swer admitled tbc truth of the allegation in the answer touchlnc Ibo naturalization of Joseph Bovd In 1854. If Joseph Boyd hnd completed his naturalization In 1851.lames E. Boyd was then n minor and therefore became - came a citizen of the United States undortbc naturalization laws. Some of the lawyers have boon inclined to crlticiso Mr. Webster for Oiling D demurrer to the answer Instead of tiling a motion to either strike that portion tion of Ibo answer out or to make it moro definite and certain , or.In not tiling a reply to tbe answer and taking proofs upon that point. TUB BEE'S informant says that the demur rer to the answer was filed without MrWeb ster's consent and oven without his knowl edge until after It bad been dono. Tt Is said that Mr.- Blair wont to Lincoln at tbo time iho answer of Boyd was filed and Immedi ately tiled the demurrer und tbo next morn ing in court bad It called up und a data fixed for tbo argument. Tbls was done , it is said , without consultation with Mr. Webster , who bad admonished his associate to malco no move on the answer until Mr. Webster could bo consulted. Tbo record shows that Mr , Webster appeared before the court , and it is said that bo did not BOO the answer until the night before ttbo case was argue * ! in the state court. ' ( Ho Is said to have nroloitod to his associates about filing a demurrer and said at tno.Utho that if Thayer lost this cato In the federal caurt it would bo duo to this mlUnke. When Judge Dillon of Now York road the pipers of this case before fore the argument was mode In the federal supreme court ho declared that the weak point was on iho dotiuirror and that if the case was loit It would bo owing thereto. It was stated today , however , tnnt the Into Judge Mason wmcurrod with Mr. Blair when the demurrer was filed. When tha decision was rendered nt Wash ington it is said that Mr. Webster counselled Thnyor to nt once ntmndon the olMcc , anil In the presence of Messrs , Limbrrtson and Gore at Lincoln Governor Thayer decided upon such ncllon , Mr. Blair , however , strenuously objected , and it was some days before the surrender could bo mado. It was finally made against Air. Blair's nctlvo oppo sition. In this connection Judge Blair writes Tun BF.K as follows : OMAHA. March 17. To tbo F/tltor of TUB HKK : I notice In your paper of today nmonn the nuns Horns from l.lncoln thai : "It now transpires that Uenural Tlmyer's attorneys 1m vo been In possession of the mandat-j slnoo the 7th of the present month. A copv of tlm document was delivered to thum on that date nnd they were notified to npnoar In lilncoln today , " This statement If It rulatos to or In cludes mo ns ono of ( leuer.il ThayiT's attor neys Is wholly untrue. 1 have never seen nor had the mandate , tun ! have never been told tliut the sitno was in tlm hands uf any ono In tbls city , nor have lover been notified to bo In l.lncoln as above stated , l nm also In to- colpt of u letter from l.lncoln stating th.tt lloyd's private set-rotary claims that helms receipt * to show that the tnandivto has been In my possession for Iho lust olizht days. UK statement Is wholly untrue , lie bus no re- celnt from mo for anything. I ho , ' to ask that you give this statement publicity. JOSK.f II H. 1U..UH. \Varon Iturtirmn und ( lllbcrt. Attorney General Hastings today filed with the clerk of the supreme court Informa tion in the nature of u quo wnrranto to oust Christian Harlman and George I. Gilbert from the comfortable berths they nro nt present occjpying on the Omaha Board of Fire ana Police Commissioners. On Feb ruary 2.1 Governor Boyd removed the gentlo- m en referred lo from that board and ap pointed Gcnrgo W. Shields and C. V. Gal lagher to fill the vacancy caused by their re moval. Messrs. Ilartmati nnd Gilbert de clined to gtvu up the otllccs , asserting that their terms had not expired nnd that thu governor had no power to remove them except - copt for causo. The papers tiled by the at- toiney gonornl today nllego that 'Hartmnn and Gilbert nro holding their ofllcos without warrant nnd authority of law and the supreme premo court is asked to oust them and de clare Messrs. Shields nnd Gallagher onlltlod to Iho places to which tboy were appointed by the governor. fiosslp lit the Stntn House. The secretaries of the Stnto Board of Transportation wnnt to Somerset , Lincoln county , today lo look Into iho complaint filed with the board by Iho citizens of that place relative to the establishment of n station al that point. Captain Bcardsloy , the ofliciul stenographer of the board , accompanied thoni. The charter of Iho Eldomlllor Ice company of Lawrence , ICan.vns lllu.it with the sccro- tarv of stale Ibis afternoon. The seward Creamery company was Incor- iioralod loduy. The bureau of induslrlal stnlistlcs will collect Information In regard to Iho number of trees planted In Nebraska on Iho coming Arbor day. Wunteil Ills ItexlKimtlon. The veokly meeting of the city council last evening was characterized by a very sensa tional incident. After everybody had become weary from listening to a string of petitions and kicks , Councilman Wlltman from Iho Second ward dropped a bombshell into Iho camp by presenting and reading u resolution asking for the resignation of City Attorney A. W. Scott. The resolution rocltod tbe recent - cent controversy ever the new ward ordi nance which was yesterday decided illegal by tbo courts , accused the olty nlloruoy of aclitig ungcnllomauly and unfairly In the matter , because bo had appeared on the side of the six councilmen who thought it a void ordinance instead of on behalf of these who had passed nnd approved of it , Councilmen Brown and Halt or excitedly denounced It ns a cowardly attack ou Iho city attorney , and for a time thcro was as lively a battle royal of words that over graced the chambers of this talkative body. The city attorney was finally allowed to speak in his own behalf and made an excellent presentation of the mutter. The ordinance had been passed one night wbllo ho was absent , und bis assistant had pronounced It legal and valid , but , bo had examined it , only ns In form nnd not as to contents. Afterwards when Scott , hnd boon asked for his oolnlon bo said It was void and supported that position in the courts. After a great deal of bad fooling had been gener ated Wilttnnn withdrew the offensive resolu tion and the storm passed ovor. Odds anil Knds. The independents of Iho Sovoath ward have endorsed the prohibition nominee , U. E. Btgelow , for councilman. Health Officer liaruMm today quarantined a case of scarlet fever at 100 < i E street and a case of diphtheria at 4'JC > North Tenth street. Judge Borgolt's condition today Is if any thing an improvement over yostor'dav. Charlie Porter , a 15-year-old lad' , goes to tbo reform school for the Ihofl of a sack of flour. Secretary Nason of tbo Omaha Board of Trade Is a Lincoln visitor loday. John Danner , a dollvoryman , was Ibrown from his wagon in n runaway loday , and sus tained a broken nose aud severe bruises about the head and body. Charles Webster , u farmer living near Wuverly , was arroatod tnis morning on n warrant charging him with grand larcony. Ho is accused of grabbing . > 0 from bis wifo's band , she having just received the same front a banker. Pastor First Baptist church , Pleasant Grove , la. : Dr. J. B. Moore , Dour Sir : My wlfo has boon afllictod for several years with a complication of kldnoy and liver troubles. Your "Tree of Llfo" has boon of groal benefit - fit lo her. Sno joins mo In thanks to you and expresses the wish thatothors suffering from similar causes may lind equal rellof. Yours , Rev. J. W. Carter , Pastor 0. T. church. For sale by alt druggists. Want Dimensions Secretary Wedge of tno Builders and Traders exchange says tbat the brick manu facturers will petition tbo city council , ask ing for the passage of an ordinance for tbo establishment of a uniform make in size of brick. The national' size is 8 Inches in length , 4 % In width and 3 In thickness. All sues and dimensions have been made , but none other than tbo national size has boon allowed to bo used In tbo construction of largo buildings. The brick manufacturers want the national uniform brick for self protection. _ _ Piso's remedy for catarrh will surely cure catarrh und col'd in the head. Handy , pleas ant. All druggists , 50c. 4 The Custlo Curepormrtnontly ctiroa liquor , morphiiio mill lobiuico hiibitH , 141(1 ( Hnrnoy St. , Omahn. Dr. K F. Monroe , pliyHlolun Iu clmrgo. Li.cn i \t \ oil. Thrfdeal Baking Powder - i. U. o IS ten el Dr. Price's Cream Baking Powder. . " . * i."i air. . * For njore t'nnn fifty years Creum of Tartar and Bi carbonate ct" Si'da have 'ate a used .for leavening purposes with sufficient f.o'ir added to preserve the strength of the powder unimpaired , and this with the addition of whites of eggs comprises this ' 'pure and wholesome leavening agent , that lias been.1 the stcndard . for 40'years. . ' In- its use pure ; wholesome- and ddlickms 'food is always assured. Makes cake and biscuit that retain their moisture , and while they arc flaky and extremely light they are fine grained , not coarse and full of holes as made with ammonia baking powders , latter dries up quickly. Alum powders leave a bit ter taste in the bread or cake. Dr. Price's Cream Baking Powder once used , always used. Ton Would Pay to a doctor who guaranteed to cure your Kidney Trouble , Nervous Debility , Rheumatism , or remove that dreadful Scrofulous humor from your system. Now , rellect ( 100 will purchase a bottle of the celebrated vpl"7 7 Kickapoo Indian Sagwa Nature's own blood purifier. Simple and harmless , made of roots , barks , and herbs. We will pay OOO to any person jvJLxU who can prove that this remedy will not re lieve or cure the troubles above mentioned , and that any of our testimonials regarding the cure of these diseases are not absolutely genuine. Ii.U.Y ! : .t Iimi.O\V : , Agcnla , New lUun , Conn. Kickapoo Indian Oil $1.00 a bottle. " Pure Blood , a quick cure 35 cents for .ill , pains , All druggliti. Perfect Health. " A Wrltlon Guarantee SYPHILIS to Cure Kvory Case or Money Rofundod. Our cure I * ponu xiiout nn I tint i | iUViH ( n i. Oiui cntcil sovi-n jrpnr * o Imvo nuvur soon irinptJ'n ' rlnrtt. lljr ili-'crlblimcnuo fully wo ran troll you b/ mnllniul wp clvi the sumo fltronic itunrantoo to euro orri'fuart nil moiu-jr. Thtno who prefer to como lioro ( ortiuntnuMit cnniln toiinil 'to will p r rnllroml faro both wurinnil lioti'l lilllt whllo huro If wo fall toeurj We Clmllcnira the World for u va > a thnt our M.U1IU ItRMKDY will nut euro , Wrlto for | i.irltcu'nri mil Rpl llin evMiuiop. lunitr sovi'n years' pnfllo ] with this M AGIO UKMKIIV It Imi boon mo.U cllilloult t ) uvcrcomotho projuJtca * tmftliist socnltot paollJi Hututnlcr our strong Kiinraatoo thoii'iuuli are trjrlac lltuiil belli , ; euro 1. Wo Katiriinttio to euro or rofin I every dollar , unlrii wo huvoa reputation to pr > : oi alv > lliitinclnl liaekhuof MUl.OX ) It Ii perfectly sufuto nllwho will try Iliutrontmeat. llcroldto-o you h.irj boon putting up nnl pniltuoutriiurmunojr forclllo.1 cut treatment' , niul nlthouitli you nro not yet run ) I normu li.il | ml > l buck your money. Wu will pixltlvoly euro you. UM chronic , ileop 'mtc.l c.ue * ourol In II to ' . ) ) tlnya. Invesditntotmr lln-uichil staailhu , our rupautlon ns ImslnoM men. Wrlto in for names an I Bililnii p < of lliov ) wo Imvo cured who have clvo'i permtHslon to itfor to thoni. ItcosU you only p > il * nitGto do thl * . If your ynipto us nro riro ttiroU , mucous patches hi month , rhounmtlirn In limits an I jointhair fulling out , eruption' on any part of 111 * body , fooling of Kenornl Uo [ > roiiloi : , pnlin In hcnl or DoiR'fl. Yo'i ' Imvo no tlmo. to nnUn. Thofo who nri constantly taUlnj mcnijry nil poti'h she il I > ! ! < : , in limit ) H. CimiUint ii-io of these drum will Mlroly lirhu fores anil rating ulctrs In the onJ. Don't tnll touriu. Allcorrcsroii'lcneo n nt calokl l.i tilul i iMivolopai Wolnvllo llioiuiMt rlcKI liivustlgHttoii nil.l will do .ill n our power to nlil you In It , Aililroai OOOg REMEDY > P. . - Oanln , NebraVta. FOR MEN ONLY. f.OO font ease of I.o.vr or KAIMNII MAN- liooi ) , Oenprixl or Nntvotia DKiiitarv. weak- nrssof hody nrinlnd. the ulTeots if errors or ex cesses In old or y onus that wo cannot cure. Wu guarantee every case orrafund every doll'ir. Five diVH trial trnatiiient 81 , full course Wn. Perceptible henoDts realized In throe days. Ity mull , sooiiroly p'iel < oj from oUsoTvntlon. COOKliKMHDV Uo. . OMAHA. NKI1 LADIES ONLY MAPIP i''i : > iAr.iitixin.ATois , snfo ami lYlHUlU Curtain to a day nr innnoy refunded. Itr mall ? . ' . Soouroly Moalo 1 from obsurTii- ton. ! C'O K MtEMiSltY Vlt. , Omaha , Neb WHITE Specially Adapted for Use in Hard Water. DUSKY DIAMOND TAB SOAP. For Farmers , Miners and Mechanics , Oureo Ohappotl Bands , Wouutle , Burns , F.tc. A Delightful Shampoo. Tbi ? lets you to the secret how to tell the best lock " " Other made theworId-famous"YALE. locks resemble the "YAI.E" ( as the college student's head was like his Presi dent's ) , on the outside , but perfect secu rity lies only behind the word " YALE , " which Is stamped on every genuine key. Sold wherever locks sell. YOU NEED WOT FEAR that jimpli ) % vlll know your ImlrU dyed K joii usu that perfect Imitation of nutiiru , Tutt's ' Hair Dye It IniiiiirlHnBlnsiiyi'iiloriiiiiirrciililirfitntlio lialr. 1'rlco , Wl. Ollkc , 3D Turk 1'lucu , N. V. SOLDIEKS' FEED. Wlmt an UHlrer buy * About the ItoKiilatlon Army Kutlonn. Hpoaklng about some complaints from United Btilos soldiers to the ofToct tbat tboy were not cettlug suOlcIont rations , nn o nicer in ibo cxxnmlssary department said : "Tho soldiers surely jet all tbny want to oat. If they have sciibo enough to keep It vvlion U is issued lo them , The trouble with some of tbo posts is tbat they have gotten Into the habit of triiilluliif ; and selllne Iholr rations , and tboy may In thin way run a liltlo whorl at times on some tblnps. When tbo department Issues more of any particular kind offurod than tbo sol diers want to use , they caiisullllor rxchango It for somcthliiK else. TnU is frutiucntly ' done witli bacon and oniona ana n fuwotbe'ri articles ibut ore Issued In oxtosi of tbo act ual demand i of Borne companies. " Wo wish to muko u auKijoitlon to persona troubled wltb rbeumatum. Try u few op. plications of Chamoerlttlu's ' i'aln Halm. If tbat does not briui ; rolluf , dampoti a piece of tlannel wllb the Pain Halm and bind It on over tbo seat of j-ilfi. Tbo first application almost sum to relieve the pain nud by Us continued ute many severe oaao ) have boon permanunlly cured , 5J ( cent bottles for sale by druggisu. REGULAR Army and Navy PENSIONS : Soldiers in the Regular Army and Sailors , Seamen and Mar ines in the United States Navy , since the War of the Rebellion , who have boon discharged from the sot-vice on account of dia abilities Incurred therein while in the line of duty , are Rntitled to Pension at the snine rates and under the same conditions as persons ren dering the same service during the War of the Rebellion , except that they are not entitled unrler the new law or act ot Juno 27 , 189O. Such persons are also entitled to pension whether discharged from the service on account of disability or by reason of expir ation of term of service , if , while in the service and line of duty , they incurred any wound , injury or disease which still disables thc i for manual labor. IVidows and Children of persons rendering service In the regular army and navy Since the War are Entitled to Pension If the death ofthosoldier wasduo to his service , or occurred while he was in the service. Parents of Soldiers & Sailors dying in the United States ser vice since the War of the Rebel lion , or after discharge from the service , from a cause originat ing therein , leaving no widower or child under the age of sixteen years , ara entitled to pension if now dependent upon their own. ' labor for support , whether the soldier over- contributed to their support or they were dependent upon him at the time of hits death or not. FOB INFORMATION OB ADVICE As to title to poiiHion , ADDRESS - T1-1IA - Bee Bureau of Claims UOOM 220 , HEE HUILDINO , INDIAN DEPREDATION CLAIMS Persons who have lost property fro-u Indian raids ifliould Illo thulr claims under the Indian Uepru I at Ion Act of .March ' , ISH. The tlmo Is limited , UM I thu olnlniH are liikun up t > y llu > court iu tlio order In whluli thuy are ru.'ulvud , Take Noticu that all contraoU tmturo.'l into with 'attorneys prior to thn Aot nro mill null und void. Information nlvun uirJ .ill claims urumutly attended to by thu Will BURHAU < JF CLAIMS. XHO Mlett OMAHA , NEBRASKA. pflr TliU Iliirunn U BiiaruntcnJ l > y thn Omaha Ilt-o. the I'lonuur I'russ au.l thu HAH I'VaucKco ICxainliior. ' * " Hot Wiilcr llcutliiK. Healed ] ironiHaU | will ( HI received until April I'lh ' , IHft ! . liy tlm lluartlnf IHrurinra of Iho In- duiiundant i'hMl district of Iliisllnifs , Iowa , fur lint water ho.itln apparatus for IIHU In nuir Bcliool liiilldliu ; , hlds may ho with iilthor wall cells or radlnUir * . I'lansuiid huoclllor.tlons may bo seen ntthii olIlcoofA. U. Hi'hn.oool ; , nrohltocl. Council ll.ulTrt , lown , or wllh thu iiiMltirsltincd. 'Um board rusone * tlm rl ht to ruj ot any or nil lildi. K. H. McDOKOlHiu. hpcrutrry.l , Iowa , Muruli U , IS'JI. ' MIT Im. \ atnd III * marrnloiK Vrcnrh Kcme.lr CALTHOB f ! , ami K lcK lnu roiit > > llntC'iMlOJ ( will HTOI > IM blu-CM A Kmluloni , C'lIIIKHnrrmiiiiiirlira.VurlriM-rli wtd lir.HTOUK IMI Vlcor. Vie it and fay tfiatiifttd , id4mi , VON MOHL CO. . BJ Jurt < > * U , I1 tlo l Worlililiio ( Inlia O i ItJ