wa& tfi\ \ .
/AirtTT4 TV i TT v T > ti , ' . itpti tTi- cirr T i-XTIT . . \i -
PI I T IV/1 ITP ttlOOtAVtTJT I
HLLISd ITvS MISSION WLLL
Bniklcrs and Traders Exchange Doing the
Work it Finds at Hand.
REPORT OF THE RETIRING DIRECTORS
Omnlin Ilns Itprn ( liven n SI indtiiR AmniiK
llultdem of the Country Some
ItpdcctloiM nn thn Duty
of the Guild ,
' The members of the newly elected board
of directors of the Builders an.l Traders ex
change , met at the oxclnu o rooms In the
Now York Llfo building \csterday after
noon , whcro the following report of the re
tiring board was presented and unanimously
adopted :
"The National Association of Builders Ins
become an established and permanent fact.
There seems lo be n denrind for Its exist
ence. Its purjwses arc so laudable that it
commands the respect of all thinking nnd
progressive builders throughout the country.
The Builders and Tr.idcis Exchange of
Omaha is a branch of the n ttional body.
It Is ours to make it n living and vital
branch , giving tone and vigor to the body ,
and receiving In ictiirn unfailing bpiipflts , 01
to lapse Into indifference , forfeiting the
prlro.
"Omaha has already attained prominence
as ono of the large and leading cities of thu
west , and gives premise of still larger
growth and greater intluenco In .sh.iplm ' the
destinies of the great republic. Nothing be-
sneaks the elrir.ictcr of tlio cltUens of any
city with greater omph isis than Its
public buildings and private resi
dences ; therefore the greater v the
Intelligence ami lldcllty of x its
builders , the moro satisfactory tlio results
In this respect. May wo not confidently hope ,
judging from the beginning already iniulu
with such gratifying success , that Omaha ,
In the near future , may bo the proud pos
sessor of a Builders and Traders Exchange
second to none in the country , making its
Inllucnco felt in cxery direction whcro the
material and moral good of the city bo con
cerned {
"This can surely bo done If the builders
ami tradeis of this city will but realize the
importance and advantages of organi/ation ,
and their individual responsibility of their
own.
I low thn I'leld
"Bishop Newman. In a recent address In
Chicago , said that \\hllo surveying the mag
nificent and beautiful buildings at the
World's fair grounds , it occurred to him
that moro wonderful than the build
ings was the thought that before a stone
had been laid or a nail driven In the struc
ture it had stood a perfect and completed
whole In the minds of the men who planned
and executed it. Is there not dignity in
such a calling ? Can any class of men make
Just claim to greater distinction ? The build
ers exchanges of this country , it moperly
conducted , 'cannot fail to receive the proper
recognition at the hands of the public , and
in this way help to incrcaso the growing
sentiment that labor is honorable. Let the
day soon daw n when our young men w ill feel
that tlio door to distinction and honor opens
ns readily to an intelligent and honorable
mechanic as to auv citizen of any class. AV
have been depending too much on foreign ,
imported mechanics , while our own young
men have been seeking genteel and "kid
glove" occupations.
"A short time ago an advertisement in the
paper fora young man to 1111 a $ .1,00(1 ( position
received , within twenty-four hours , 120 ap
plications for the position.
"AVo must sco to it that the boys of our
country are given opportunity through trade
schools and the public schools to obtain
n mechanical education and thus bo
lilted for a useful and honorable .
calling in life , adding to the real and perma
nent good of the country. AVe enlarge
somewhat upon thcso matters for the pur
pose of answering the question : 'Of ' what
good is the Builders and Traders exchange (
and to show that every ( milderin the coun
try who honors his calling should bo en
rolled as a member of some exchange.
rln.inrl'il anil SuliHtuiitlnl.
"Your secretary and treasurer will cntoi
into detail as to the financial standing am
general workings of the exchange for the
pastyear. The receipts and disbursements
for the current year show that wo hav
funds sufllcicnt to pay all our obligations
and leave a small jyrplus. The shortage
in the stock account arises .from loans
made to general account previous to
this year , largely in the lirst year of the
organisation. Your board of directors recog-
nl/cs this as an obligation that must bo cared
for at the earliest possible moment , and has
full confidence that with loturning prosperity
In the building business it can be easilj ac
complished.
"Early in the beginning of our work for
the year it seemed ad visible to make some
now departures to interest the iiidividu.il
members in the work of tlio organization.
Accordingly monthly meetings with the re
freshment fe.iluro were Inaugurated , We
feel gratified by the results.
"Our mcmbcjsjiip also has increased 100
per cent in the last twelve months The re
lations between the employer and the em
ploye during the past i ear have been .satis
factory In thu main , and no disturbance ot
any magnitude has arisen.
"AVo , as a local body , have adopted the
recommendation of the National association ,
vlt : Apian of arbitration and can sec no
reason why , If adhered to by both employer
and employe , all questions arising between
the two Interests may not be satisfactorily
settled without the expensive luxury of
a strike.
" I.IIMN nf the Asfloelntlon.
"Tho cede of practice adopted by this as
sociation and subscribed to by all the archi
tects in the city , wo believe to bo our bul
wark and chart for guidance , which. If
faithfully followed , will place our organi/a-
tlon on a footing that will insure prosperity
and permanence.
"Tho uniform contract adopted by us
should bo urged by every member to tlio end
that it may become universal throughout the
land , U Is the product of the combined wis
dom of a committee loprcscnting Iho
National Association of AiclrHeets , and the
Master Hulldcrs of the United States.
A committee of this organisation
has recently turned over to a sub committee
a building ordinance for this city , which , if
completed and adopted as recommended ,
will bo as satisfactory and perfect un ordi
nance as any in the country.
"This largo and Intelligent commlltco
should receive the heartfelt thanks of the
citizens of Omaha for its persistent and
faithful work.
"A hasty visit from our national secretary ,
Mr. AV. II , Kayward , his w oil-timed and en
couraging words , coupled wllh the pleasant
social iMthcriug and entertainment , Is
worthy of notice. Wo trust It will bo fre
quently repeated. *
"Your committee , in retiring from ofllei.il
dutlc.s , thanks jou for confidence manifested
nnd asks pardon for shortcomings , It trusts
tlmt you will bo wisely directed In the choice
of olllcers for the coming year , and that the
future of the Hulldcrs and Traders exchange
will grow brighter each coming i car of its
history. "
AV , S. Wcdgo was ro-electcd secretary and
Ills salary increased hy the addition of $100
per year ,
H was decided to keep up the monthly
meetings with the refreshment features ,
j\sr : OK SOUTH
x
Vlii lhu n'ulmuli Itoiite , J
The short line to St. Louis and quick I
est route south. j
Only 87 hours to Hot Springs. j )
Only 39 hours to Now Orleans. I
Only .H8j hours to Atlanta , 1
.Only 6'- hours to Jacksonville. I
With corresponding fast time to nil j |
points oust and south. Uound trip
tlckotfl lo Hot Springs , Now Orleans.
Lnlco Charles , GnU-o ton , San Antonio ,
City of .Mexico. Loa Angeles , San Fran-
olsco , MobileJacksonville. , Tamp.i , Ha
vana and nil tlio winter resorts of the
south nnd west Ucolining chair cars
Irco to St. Louis , Toledo and Detroit ,
Pullmau , bulTot sleeping cam on all
trains. Bntrguge checked /rom hotels
nnd prlvrito residences to destination.
ForJioUotB , bleeping car uccommodntlons
uiul further information call ut Wubash
ticket olllco , 3602 Fur n am street , or
wrjw , G. N. CLAYTON ,
Agent , Omaha.
IIAYUI.V : nnos.
Miullii UndortTewr 1'rnin the Now York
Auction.
10 crises of Indies'mil children's mus <
In undorwonr to go on snlo Thursday nt
nbout / > 0c on the dollnr. Our onttro
center nlsla on 10th. street to bo used for
this salo. This being our first special
sale for 1893 puts us in n position to still
further Impress you that wo are always
leaders of bargains. To start this snlo
a rolling wo wilt , between the hours ol
10 nnd 11 n. in. , put on srxlo 100 dozen
ladies' night gowns , nicely trimmed
and well made , foi * 29e each ; only two
to each customer.
FOR ALL DAY TIIUSDAY.
In this s.ilo will bo found a lot ot chil
dren's muslin pants , 1 toI years , at lUc }
oaoh , fi to 8 years lee , worth double.
1 lot of Indies' night irowns , tucked
nnd nicely trlmmort with embroidery
and anino in lace , Jlc ! ) , ! Wo , / > 0c , 69u , OOc ,
7oc , 8oc nnd DSc , and gu.irnnloo every
garmaut to bo worth double what wo
ask for thoin.
100 d o/oii ladles' skirl ? , full slzo and
Lrltmnod with deep embroidery , only
C'Ji ! each , regular price $1.00.
flO do/.on hullua1 corset covers 22c , 29c ,
3)0 , COo and Toe. The bust values wo
have o\or shown in thli lluo.
103 tlo/.on ladles' fancy night gowns ,
milled and trlinmod with fancy edge *
81.00 nnd 81.25 each , ono-half price.
This Is the nowesl thing In Mio marlcot.
P. S. See show windows for our mam
moth dlnplay of bargains for this sale on
IIAYUEN BROS. ,
10th street.
Real estate.
Uargulns only.
My word Is good ,
W. G. Albright
6-J1-2.3 N. Y. Llfo bid ; . a
If you will call tit our now store wo "
will nresuntyoii with a copy of a beauti
ful piece of music. Font & Clmrlton ,
1JOS Dodge.
1'Yoscoincr nnd Interior decorating , de
signs and ostlmatos furnished. Henry
Lohmann , leOS Dougli'.s atroot.
LICENSES AND PERMITS.
AulInn 1/ed to Sell Iiy the Kvtlsc
llnuril ill Yenteril.ij'H Session.
At a meeting of the license board held
yesterday afternoon the following applica
tions were acted upon :
Saloon licenses : William Knpkc , 411 Soiilh
rouiteeiith street. ! Ivlti'hoil ltio > < . , 1'n.Mon
hotel ; ( Jeoi'KfO. Curtis. 220 South ronrteenth
stieet : II. llehler , 101 SouthThliteentlistreet ;
HtMgiN : Johnson , 421 North Slxteeiilh stioet ;
Henry Mies 1024 South Thirteenth street ;
1'ied Dines , 412 South Thlilounth stieet ; II.
Itothory. 323J South Hou'tith stieel ; James
llaiold , 2102 Ijoavenworth slreet.
I'rotestod cases of Charles B. Morin , 1824
North SKtccnth street , and James I' Con
nelly , U'lOD Cuming street , were set for bear
ing Friday evening.
The following druggists' permits were ap
proved , but are not to bo issued until the
semi-annual report of the draggists has been
niado to the board :
Klcliaidson Drug company , ! )0t ) Jones sticet ; to
ItluKf , Hi uro & Co. . 401 South Tenth streel ; to
It. Kohlnson , 1102 South Thliteenth street ;
Anton I'ajorl , 001 Pierce stieet : llayden Itros. ,
104 South Sixteenth .street : M. I'nrr , 423 South
Tenth stieet ; P. L. Mates , 122H South Kour-
teeiith stieel ; Swanson & Hoist. 2053 Ciimliic
stieetV. ; . I' . Heny,2504 NoitliTwetity-foiutli
.stieet ; Ooodinali Oriigconip'iny , 1110 I'ainam
stieet ; II. M. Caiian , 523 Smith Thllteenlh
street ; I.owo & lowls , 1023 I'arnam stieel ;
JosephTucheek,2013 SouthTlili teeiithstieet ;
M. SaiuHtcdt , 30J North Sixteenth street ;
ICuhii & Co. , 124 South 1'iftcciith Htieet :
August Hehafcr , 1923 Sherman ; iM > mio0.11 ;
WlithlrJ2t North Fortieth street ; W. U. llcn-
net Co. , 1502 Capitol avenue ; P. W FOKJT , 124
NuithTwulftli slteet : S. II. Smith , 1025 South
Tenth sti eel ; J.M.I'i ls-ey,2112 North Twenty-
foiulhstii'et : . ! . A. Puller .t Co. , 1402 Douglas w
stivetO. ; IHIIIIK , 2421 CuinliiL' stieet ; U. li.
llan , 1204 llaiiillton sticet ; ( J.V. . liapli , 13.V2
XoilhTuentleth stieet ; Chas. II. K-haefer.
1124 Ninth SUteenth htieet ; J. II. Owen. 213
Ninth Twenty-fifth htieet ; J. W. Clarlc. 1301
South Tuenty-tilnth avenue ; Chas. .1. Kilce ,
122t DiniKlas stieet.1.1' ; , lilpiiey , 1101 South
Tueiily-iitnth \ eiiiiellWiipMlriis.,10)2 ; ( ) South
Thlileenlli stieet ; .1. P. VlM.eis , 1923 I.owo
avenue ; I' . Stiaiisbaiinh , 1H22 Vliiton stieet ;
John II. Conte , 1828 South SIMcenth stieel ;
John 11. Conle , 1024 South Tenth stieet ; 0. U. of
SattuiHeld , 720 South Sixteenth stieet.
I'llUllllllllll.l.
At no time in the history of the country
has pneumonia boon so prevalent as during
the winter months of the last two years. In
times past a common cold was not consid
ered at all serious , but of late years the
great tendency of colds to result in pneumo
nia has made pcoplo apprehensive , The
trouble is that eolds are not always properly
treated. No preparation containing opium ,
wild cherry or chloroform should ho used , as
tho.s have a tendency to dry up a cold , where
as it should ho looseucJ and the lungs ro- In
lioved. It has been observed that when
Chamberlain's Cough Heinedy used the
cold never results in pneumonia. The reason
is that this remedy stimulates the mucous
memhrano whic-h lines the tluoat and lungs
to a healthy action , causes a free expectora
tion , throwing off the poisonous matter , and I
counteracts ally tendency towan1 pneumonia.
For sale by druggists.
DISTKICT COURT DOINGS.
rin.il Adjournment of the September Turin
Next Saturday.
The work of the September term of the
district court has been about completed and In
the Judges have agreed upon next Saturday
lib the date for the llual adjournment.
Yesterday morning Judges O.ivisand Irvine
were upon the bench to listen to the argu
ments in the case of Don no and Keller
against tlio comity of Douglas. The gentle'j
men bought lots In the poor farm addition
anil are now triing to have the county take '
back the pioperty and return the purchase
money. The plaintiffs seek to get behind an of
irregularity in the sale and the piocccdiugs
that were hud prior to the time when the
land was put on the market.
Jiidgo Keysor p.issod upon the case of
Units tigtiliibt Lawyer Vim Ktten and do- la
clded that , the gentleman's legal wings Is
should not ho clipped.
In the case of the Poo.1 Clare convent
against the city , Judge ICoysor held that the
appeal from the award of the city appraisers
could bo taken and that the case was a
proper .subject for Iho consideration of the hy
courts. In opening a street In the vicinity of
the convent , thu city mndo an award , from
which an appeal was taken , mil it was not It
Hied until ono day after the time provided by
fur by the ordinances of the city. City At
torney Council demurred on the ground that
the appeal was not taken in timu and also on
the ground that the court bad-no jurisdic
tion. The demurrer was overruled.
Au honest pill is the noblest work of the
apoth.'cary , OoWItt's Uttlo Karly Ilisera
euro constipation , biliousness mid tick head- In
ucho.
Mlirilit | ; License * .
'Iho following marriage licenses were
issued by County Judge Kllei' yesterday : h
and address. AKI > ,
llemy Iveir , lleatrlce , Nub , . 24
KiiiiiiaSchnellback , Uniaha , 20
Plank Hurry , Oniiiha 22
MiiKHln llitny , llniilah , Cole 18
Chils , Jensen , South Oiimlm 25
Anna 1) . Nelson , 1'alrweli , Nub. . . 25
Thomas II. Ilcleiin , DoWltl , liv 21
Jolianna Kodoilck , South Umaliu 20
William 11. JlcCieary , Omuha 24
Cutherhio Robinson , Omaha 22
Tr.iimeniitliientiil Hutu Meeting ,
What promises to bo the most Important
rate meeting that , has over been held by the
transcontinental lines , not excepting the
meeting hold lust year , when the association
was dissolved , will take place in St. i'aul
January U. All the transcontinental lines
have , expressed a willingness tcj send dele
gates , and a now association "with vaster
jtowcrs limn had the old , may bo the out
come of this attempt to gut together. Of
coureo World's fair rates will bo among the
tuples discussed.
Constipation cured uy i > a\VUt's \ Early
UL > w .
Police Unearth the Most Prosperous "Fence"
Found in a Long Time ,
HOW BARBER M'GUIRE MANAGED TO LIVE
IIo llnd I About Kvcrylliliif" Mornhln In the
IJi
North inil : of Town Stowed A way III
111 * Hlinp Downfall at n
Society 'Mini.
Yesterday the police discovered the biggest
gcst "fence , " that has been unearthed for
some time. The "plant" was In a barber
shop at ! ! 2dJ Ames avenue , and was run by
Charles , alias "Cad" MeGulrc.
Kccctit burglaries In the north end of the
city have caused considerable uneasiness ,
and a i eloso watch has been Icept by proprie
tors of stores on their goods , l ust Satur
day night the butcher shop Of James
MeFadden , Forty-third and Brighton
streets . , was broken Into and a couple of
hundred ( dollars' worth of plunder stolen.
McFaddcn suspected the McGulro outlit
and swore out a search Mai rant for the
placi Early yesterday morning the ofllcers
served the warrant and the result was moro
than surprising. Ono of the largest "plants'1
of stolen property ever discovered In Omaha
waste found , Everything from a clgarctto up
to a ton of coal was found , and three wagon-
load of stuff w ere carted down to the Jail
and turned over to the property clerk.
McOuiro was arrested and locked up on a
warrant charging him with grand larceny
and . with concealing stolen property. A
young man who gave his name as Harry
Holt was also locked up with McOuiro on the
same charge.
Jlcdulre U an Ota Timer.
The police say that McGulro learned to bo
barber whllo at the Lincoln penitentiary. (
Ho Is a brother of the well known thief.
"Dug" MeGuire , who has Just been released
after serving a sovon-year term. Holt is n
hard up iouug man who lives In the neigh
borhood and who thinks ho is too strong to
work.
The McGulres weremembersofthoModern |
Woodmen camp that met over the shop , and bo
Mrs. McGuire w.is quite prominent In tlio
camp. The people in the neighborhood were ,
much surprised when they saw the f.imtlv
Hdo away in the patrol wanon , and about
thattimo Mrs. Petty , of whom McGuire
rented the shop , came around to collect her
rent. She was just in time to see the pris
oners taken away , and is slill waiting for her
rent.
rent.McGuIro's
McGuIro's story as related after his arrest
shows him to ho nobody's fool. IIo ac )
counted for the presence of the goods in his .
hoiibo by saying that ho had been trading all
the fall with every one. who had anything to
trade. He had obtained a number of horses
from * > .50 to $15 apiece and had got
rid of most of them at fi good
profit. Ho declared that all tlio
groceries and other stuff found on
Ins promises wore staple articles , and no one
could swear that they were the same articles the
that had been stolen unless they had a
private mark. From this ho argued that it
was an impossibility for the police to con his
vict him of anything moro than receiving
stolen pioperty , and they couid not even
make that stick unless some one was willing
swear that some of the articles belonged
them.
Tliu prisoner emphatically denied that ho
had ever served time and said that ho had
ne\erbeen ariested before except once as a
deserter from the United States army.
The police recovered in all about $1,000 .
worth of goods , and some of the property was
identified by the owners yesterday afternoon.
Ono complaint has been tiled charging f
McGuire with grand larceny , and as fast as a
people conic In and identify their stuff they
will be asked to file additional complaints.
In consequence of the raid the police arc Stu
happy , as they believe that they have now
broken up the gang of sneaks and burglars
ho have been operating in the north end
for the last thrco months.
of
SUl'HKJIli CO V It I' Ol'JXlOXS.
Sjllablof Decisions - .
Kiu-cntly II.uuIcil i ii
by the Judges. '
LINCOLN , Neb. , Jan. 4. [ Special to TUB Will
Br.n. ] Following will bs fouiiil tlio syllabi
decisions announced today :
Davis vs Sullivan. Appeal from Eouglas ills
county. Aninned. Opinion by Mr. Chief Ash
Justice Maxwell.
lot In the city of
Omnha , ulilchshu puiclmsod In the spring of
1H73 and tool ; possession of the samu In Iho ailn
full of tlmt year. The lot was enclosed. The loj
defendant purchased Iho lot ndjolnlng the has
plalntllls lot OH tlio south In 1872 mill took >
possession thereof , and the dhKlon fencn hu- he
ttti-un the two lots was iecoKnl/ed as tliu trno ace
line for smeiitcen . '
joari. In
an action 10 en
join the di-feiiflant from permitting suifaco the
water to llo\v on the plaliitinv , lot , held , that crh
tliciouusa. fiillnro of proof to ctititlu the con
plalntlll to iccovcr , and theio was no equity clei
tlio I petition , .ho .
Upton vs ICennedy. Error from Douglas
IlICi
county. Kovcrsed and remanded. Opinion
by Mr. Chief Justice Maxwell. pro
1. 1 WhiMii Iho to
answer a petition Is a Ken- HI1S
eia ! denial , and It up pears fiom the pleadings Me1
iheinsolMjs that It Is false , itmay bo stricken
fiom'tho ' tiles as sham.
'J. ' Wlii'iu u general denial Is suniclent In
form and 1 huiu Is nothing on I IIP fiico of the
pleadings lo show that It Is false the court will ,
iiotenti'i Into an \amlnallonuf the merits of notu
the defense upon allld.ivlts. wit
Maorsi ] Kdw.irds et al. Error from I
Douglas countv. Afllrmed. Oi > Inlon by Mr. jus (1 (
Chief Justice Maxwell.
An affidavit for > survlco by publication was 1mln
the i following form : "Isaac Dlwaids , beliis
duly swoin.dcposoth and salth that hols tliu
iitloimty for .said plalntlll ; that said John
l.dwauls Isnot In thoMato of Nebraska , and till'
that said Mary Majois la iion-rosldunt of said npi
state of Noliaslm , and Is now uhsont fiom suld nm
stalu ; thai sei \ lee of hiiniiiionseaiiiiol bo niailu nmo "
illdntliostatoofNehiaslvii on the said defend to"s
ant , ' ' lo ho seneil . hy piilillcatlim , ami that Iho I la
, ' "
ease Is one of thosit I'lieut'lon'ed'iirtiio sou'nVy"c
sin until section of thn cede iif eh II pioceediiro 10 smonty-
and ' fiiilher Milth not. " Held. Tliat as thn
objectof lhu action
wiisspeellled liihi'ctlon 77
dli'i
the
cede that tliuin
was not an until o
Emission lost a to lhu niiituilal faclstdionlni
: u of"l
ilKhl to make sen-lei ) by publication and of
fmeclosiiKi thuiofoio It lendorud wan not M > ld , and Ihata deeieoof ] tya !
upon coiihtiuetho
hor-
vleo based on Mieh atlldiivlt would bo cm
ned. A inMiikoln ( ho tltlo of an iillldavlt sus- wil
Immaleilal after judgment. JIO
State rcl net
ex State Journal
company vs Dili
Hoyd. Mandamus. Writ dented. Opinion hill
by the court , Issi
Iscsled with a dlseietlon In lar
the use. of tlui contingent fund ulll
appiopilatod
tlioleKislatiiro. Ho may In his discretion jU ) !
u-,0 ha til fund for fhu piiichaso of statlonaiv
needed hy thu state , hut will not lie icqnlic'd
bymundamusto appiovo u wariant aialiist
on account of booUs and stationary
ordeiod
him. to
nurlingim vs Cooper , et al. Error from foru
Douglas county. Afllrmed , Opinion bv
Mr. Chief Justice Maxwell. of
1. An action Is IMIUIIII In this hlato by mine
a
pellllon lit I ID dlstilet couit , upon nhR-h
MimmoiiH Is lulled which Ib boned ot
on the
defendant.
J. A nicclianlc'H lien continues In force foi
tnoyouiN after thn ( lulu of tUlnK tie | lien and sale
casu an act on Is brought to foiecl
> so ilio is
MIIIIU until JudKinent U
iccpvored
uiul batls-
-
flcd. IfasiniiiiionsHlssiied hufuiiitlioiiMilin i
tloiioftlio two yeais fiom thn lillngo/ / tin has
iloii.ll may bo M > MI-I | afli'rwaids wjihin
atuloiy tlnif , but If not issiii'd until after tin It
the ovnfiatloniif
two ienrs an action
lo it
fliico tnu lien un-
will Im hut mil ,
3. lluld. That the pipof fallod and
to |
hOw | a
now pionilsiiof tliu pincliiiburof the
topuy thodobt. Iho
Costello vs Chamberlain. Error from Hall
county. Anirmcd. Opinion by Mr. Jus
'
tlco 1'obt.
A debtor In falling cliciimstancob niayhiw >
fully ] prefer onmnr tnntc of Ids creditors nnd
mitro Mirh crvilltiMK by mortgnRO or convey
nncr atnolilte nni 4ilcil the trnn'nctlon In In
K < xid fatth nnd nn nmdu with Intent to dc-
f rnud ether rwlHiw * .
U. An Instrunientitii flip form of a morlftftRO
or ( ill ) of snlo win ftol lie hold to br an nislnn-
men for tlio iKMirntof
creditors miles * It cre
ales trust In fnrwof some pcr on or persons
other than the tuortRnror orrmlor. .
3. II. a incrclinnt InfallliiftulrcumslnnceK
with Intent tn pmTer certain creditors , exe
cute tn U a bill of tailo of Ms entlro sluck of
pooiK tlio Intter ipnylnc the pteforied claims
In full out of thoocnnsldcratlon named In the
bill of sale. In nn net Ion of ti'pleUn by U
against ( no slu-fllT who hud seized the goods
on an order of atlnrlinieiit In favor of an un-
noctirvil creditor. lllplil.Tli.it Inasmuch as ( ' Is
the only ( person bowlloliilly Inleiested In the
tiainfer , Itrinnot : be held to be un assignment
fort the bcnellt of creditors and that tt Is liinmi-
tuih whether the hill of sale was Intended as
an absolute sale or as it moittnze only ,
4. K\ldeiicnuxanilnrd and lit-ld sutllrlcnl to
sustain tliucidlut and Judgmi'iit of the trial
com .
Bloomer vs Xolan , Appeal from York
county. Hevorswl and nction dismissed.
Oplnioh | by Mr. Justice Post.
One who seeks to disaffirm a contract on HIP
gioiind that li was an Infant at ItuMlmoof
Its execution Is icqnlicd to lutilin so much of
the consideration < rccchcd by him as lenialns
In his possession at tliu time of Mli'h election ,
but Is not leqiiliod to ictuin an equivalent for
such part thereof us may have been dNliosi-d
ot by : him during his mlmn iiy.
'J. Plio pioieityof | an Infant Is not subject to
a meeliiinli.'s lien foi mateilal puichased by
him dm Inij his Infaiii'r not will he bo held to
him latllled the conlr.ict so as to entitle the
mateilal man to a lien thereon by leliilnlng
the piopoity aflur ho atlalns Ids majority.
: ) . Evidence uMimlned and held not sulllolrnt
to siHlaln lhu decree of the dlstilcl court al-
loulng n inochanlc's Hen In favor of the plaln-
tur.
tllT.Wycth Hardware and Manufacturing company
.
pany , vs Shearer. Error from Kurnas
county. Afllrmi'd. Opinion by Mr. Chief
Justice Maxwell.
The testimony bolnncontUcfliii : and the \er-
diet not belnit nitalnst the clear weight of the
uvldoncu the judgment Is alliinied.
Hichards \sStato. Error from York county.
Hoversed ami remanded. Opinion by Mr.
Chief Justice Maxwell.
In n charge of lapo where no complaint was
mud for about seven months after the com
mission of the alleged offense and not until
COIK calmont by icasnnof pregnancy was no
longer possible. Held. That the vtatiimunts of
thopiosecutrl\ not admlssable In evi
dem , but Independent facts , such as the con
dition of her clothing at tlio tluio me itdndbsa-
hie.
ble.a.
a. Proof of deformity of piosecutrK as by
the want of a hand Is piopei as tending to
show diminished power of MMlstancu.
3. A chaiKo of lape madu months after the
alleged commission of the same whuto ( hero
wen no tiniiks of violence on the poison or
ulothliiii ' ] of thepioseciitiK , in evidence of e\-
cltomont , or change In her deineniioi , cannot
sustained unless thuio Isery stiong coi-
rolioi.itlng pioot of the commission of Iho of-
foils
I. Where the accused toitltles In his own behalf -
half and admits tlio soMlnl Intel com se , but
denies the Use of foice , It Is for HID jmy to do-
teimliio the facts from Iho testimony.
n. Instillations taken togutlu'i , hold toslato
the law ! uoituct I v >
0. A jtiior will nnt bo permitted to state to
Ids fellow jinors whllo they 1110 conshlorlng
tlioirveidlct , facts In the case within his own
poisonal kiiowlodgo. IIo should make tliu
same UIIIUMI dining the tilal and testify as
witness ; In the case.
The Anheuser-Busch Brewing association vs
The assigned estate of the Farmers and
Merchants bank of Humboldt. Appeal
from Hichardson county. Afllrmed. Opin
ion by Air. Justice Norval.
Whole - a 1) ) . ink collects money for another It
holds I lie same as 1 rustec of the ow tier , and on
the making : of an UHnl nmont by the bank for
benollt I of its crvdltois , the 1 1 list chaiacter
still adhcics to the fund in the hands of the
assignee ) , and the owner Is entitled to haxe
claim allowed by thu county coin t as. a pie-
foired claim.
J. In such wheio the
case owner filed his
claim with thu county jjulgu In the leguliir
way , which is allowed HUu Ihat of an ordlnaiy
creditor , no preferciiou bolni ; ghen , fiom
vlilch nllonanco no appeal Is taken , and ho
iftiTttUids accepts from Iho usslcneo two
llvldonds declared , ho wahes bis light to
iflerwaids Insist upon thu payment of his
claim in full.
3. It Is the duty of the county judge at the
same I line ho audits and allows a claim
igalnst an assigned estate to dutoiinlne
rliuthuror not It Is entitled to piofeienco , and
flu llndsthat It Is , tool dor the same paid as
piofurrcd claim. His decision Is In ulTuut a
iidgmont which Is conclusive unless appealed
ron .
Stuart : va Hervy , ct al. Apjical from
Douglas county. Afllrmed. Opinion by .
Mr. Chief Justice Maxwell.
1.he Held that thu pioof falls to shown de- [
hery of thu deed or any cijultablu tluht to :
charge the defendant Hays with the payment
the notes in nucbtlon.
'J. Whom by tlio terms of a deed a grantee
issiimcs a debt secured by a mortgage on the
Illll' and the Kianteu denies the debt and thu
lelhory of the deed , to bind such grantee the
'noof must , show an actual delivery fiom
ithlch , if ho retains the deed an acceptance of
may bo picsiimed. Veiy clear proof will bo
leiiuliud wheiu the pioperty convoyed Is of so
much less value than thu Ineiinibruiico which
Is alleged the granteu nssiiinod.
ford vs The State. Error from Douglas
county. Reversed and remanded. Opinion
jj- Mr. Justice Norval. th
In a cilmlnal piosceutlon the confession or
admission of thu accused Is not alonu siilllclont
justify a conviction ; that the crlniu charged
been committed , must bo established by
Hlior testimony. A voluntaiy confession may
bopiovcn | , for the puriiosc of connecting the
accused with the offense. cu
'J. On a trial foi burglary under section 48 of
criminal cede , an essential element of the
orlmo Is that the breaking and enteilnj ? weru
committed In the night soaso-i , and unless this
clement Is pi oven beyond a doubt tlio accused no
should bo acquitted.
3. In such acasu the Intent with which the
bicaklng and untetlng wcru done must bo
proved as laid In the Information.
4. Kvldcnco in the case held Insufficient to
sustain thuveidlctand judgment.
Metropolitan Building and Loan association
vs Van Pelt ot al. Appeal from Douglas
countv. Affirmed. Opinion by Mr. Chief
Justice Maxwell.
1. Held , that the proof falls to show that thu
In suit was executed by thu coipur.it lee
without authority.
! . The testimony upon the material ques
tions ) | of fact Is conflicting , and thu court Is not
justified : In reversing thu casu.
ImhofT vs House. Error trom Douglas
county. Hoversed and remanded. Opinion
by Mr. Justice Norval.
1. A party Is not allowed to allege In his pe
tition one eiiiibo of action and piovu another
upon : thu tifal. The allcgato. and prou.tta
, Tlio evidence In the case hold lusufllclunt
support tlio veidlct.
Hawkanson vs Brodko. Error from Douglas
county. Affirmed. Opinion by Mr. Justice
Norval.
Thu icfusal of thn trial court to direct a vei-
' In the casu for thu defendant , held pioper.
J. llold that theiols noeiioi In the chargu
thu court , and that the veidlct la 'sustained
lhu uvldenco.
i , 1'olluwlng Iho repeated decisions of this
court It was held that whi'io a hhei 111 hull's a
wiltof attachment upon pioperty found in thu
possession of onu not a party to thu suit In an
action of Mipluvln theiufor by Mich person , thu
ollicur , to Justify the tuUhirf , Is requited to
hhow that the iitlachmeut wilt was icKtilaily
Issued. In other words , that the writ Is icgii-
laron Its fiicu , and was Issued upon a sntllcent
allldavll by a courfilaavlng JiitUdlctlon of thu
lien and thu subject matter of the action ,
Mow It lleeainu I'opulur.
When people llnd an artlcio mueh superior
anything of the kind they have over bo-
used , they aro'ulmost sure to toll their
friends about it , and especially if they know
seine frlomls needing such an article.
Dealer also soon learn the true value of
their goods , and -When they have an article
unusual merit they will almost invariably
mention thu fact to their customeis. This
accounts in a gr t mcaxmu for the largo
on Chambei Iain's Cough KeimxJy. Hero
an Instance : W.'L. Ncedham , a iiromlncnt
ItUen and business man of Orrsburg , Mo. ,
been sellinjr Chamberlain's Couglt
Ifemedy for several years and recommendb
to his customerbj hecaubo In his experience
has proven to bo the best for colds , croup
whooping cough. Ho sajs It is the most
popular medicine tlmt he handles , and gives
best s itlsfaction. 5U cent bottles for
l > y druggists.
See tliu celebrated Sohtnor piano at
Ford & Olwrltcm Mualo Co. , 1503 DiJg-L .
d
Tlie only Pure Cream of Tartar Powder. No Ammonia ; No Alum
Used iu Millions of Homes 40 Years the Standard *
A New Waltz by Strauss
Will inaugurate , early in
1893 , tne notable series of
original musical compositions ,
by the most eminent com
posers of Europe , in connec
tion with .prize compositions
by American composers , which
THE LADIES' HOME JOURNAL
will , during the year , undertake in addition to its
literary features. There will also be in the series
A New
A song by Gounod , and the JOURNAL'S $1000
prize compositions recently offered to resident
! American composers
Christmas Journal on News-stands
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Ofl euro , when vou are nalicted with any of
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GHRONIO OR
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) very poor economy. It Is moro to the yolnt
o count the cost ot yoarg of siiltotlnof
Icspu'r. ' of Incnpnclty for the enjoyment of
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the possibility of a corresponding jnofit. The
mini who tries to save a dollar by noslcctlns
orrofuslii i ; to take proper tro.itmont for any
ofmil 111030 distressing and diinzuroui soxuttl
nuiladlcs , atlllctloiis and woikncsscsto which
o many tire subject. Is saving ono hundred
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sides shortening Ms l.fo nnd adding to his
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If I ; you arc a victim of unvof tlioso
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Scott's Emulsion
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the question. It is almost
as palatable as milk easier
lo digest than milk.
Prepatrd by Rcott & Bonne. N , Y , All druceUla.
YOU NEED WOT FEAlc
tlmt juTipli ! will know jour luilrl * il.\i' < l If
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A Full Sei of Teeth CD libber for $5.0) $ ) ,
I'crfcct lit icunrantcoit 'IVeth o lractoit In tlia
niurnln. NCIT uno < luierloJ In tiio cvaula of
7.
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The last jcar has been the year of largcit growth in the Sixty-five years ol \ \
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Eleven Serial Stories. $6,500 Prize Stories ,
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The Best Short Stories. Charming Children's Page.
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M. I A i V" f * ' The Companion Frt-o to Jan I , and for all l ol 1O93 , IBB \ R A fg
* Includlna Double Holiday Numbers. Mention li > er. l-Vf Cf fctil *
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TlIE YOUTH'S COMPANION , Boston , Mass.
VAN COTT JEWELRY COMPANY ,
| Foi Thirty Duva only \va will olT r our oittra stock of OHinnl * mid
Christmas Jewelry and Silvonv.iro at loss thii im.uuf.vcturorM oj3t.
Fourteenth and Farnam Streets-
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181G Douglas Street
, Omahn , Nob.
AMUSEMENTS.
Friday and Saturday , Jan. G and 7.
MATINKi : SATURDAY.
The Society Rvontnf ' the Tho.itrloal Season.
Special I'nxiisemonl of
„ ( American Tour. )
The Young ninntloiiiil Aetrem In the Tollow3
Ing Kepui tolro :
Friday Evo. and Saturday Matlnoo ,
KROU-KROU.
As presented for ovorMOnlchts In the Tliou-
UT 1'nmu.iUc ' , 1'arls ,
Saturday Evening ,
Snlo of seats opens ut 0 o'oloolc Thursday
mornlnu at usual prices.
Llkultomp , nil roads luvto \ tliohoimu ol iuri'o s ,
TO A Brilliant
uiul
NIGHT.
SllCCtbS.
I
fcoollio Iriin Mllla In Full Illnut .Mat. Pnturiliir
FARNAM ST , THEATER j | 10Dl'flU
Like Homo , all Roads load to the ir.iuo ol
BuccebH Uofs.nnini ; with SUNDAY
/iIATINliE , JANUAUV H ,
WM. A. BRADY'S
ALL B ,
NEXT fi fi
WKEK ! &
Hoetho Hiva-ot Hill \Vit3 Hal-
nivl iy and di5 rJ/
VSf * " JAAM
) 1IIJOU TllKATIli : .
AM , THIS WCKK
BUHTON STAHIEIT COMEDY CO , III
A puJjs/cwf / OF JAYS.
I.o 1'etlt Proddlo , thn MnrrnloiiH Child.
AN IIOUU Ol' ' HIT.tlAl.rins.
MATiNKi'.s. pnnnhr I'rirp ' ? IVIMNOH. : :
'
Only ! .U cunts. "
V. "M
Friday Evening , Jan. 0.
MOGKRiDGEHy
OPERA i vvorjreouni-io. BALLAD
Iltnorriirt icon 75o nnd II , On itlg at Ctiaiu k
KAitj't , Wdi > * > ilo/i < > &B. 'i V * . > .
Sun. live , Jan. S and Mon. anil Tucs.
bliei'lal UiiKUKDiiiontI Tlml ino t Hillllant
VOIIIIK Comedian
JAMES T. POWERS
And tliu bent Karuloul Comedy L'omjmny Ifl
Aincrlca. In
A Mad Bargain.
MuNnlly and Mitchell's Tliruu Aut ltdiirlna
1'ari-u , llnl' mini , alisoluto UoiiiuJy f-uc'coja
of the year , tOKQthor with
Leona Forrest ,
The most ( In fjiic , ilarlnt ; and snporhiy cleve *
daiit'iiron HID American Htn u-np-'uliil bcoii *
ury KUihnriUo Kllools.
' ' 1 Im salt ) will opun batiirduy inoriiniK ot If
o'uiouk at tliu uauiil pi Ico.s.
Ladies' ' Perfect
SYRINGE ,
Tliu mil ) perfect VBEH | )
uiul riclul Myrluicu In tbf
world
U Is tbu only hirrlnue arc
or In veil I cil Iiy hlcli voiili
nnl Inji'illona inn Liu o4
nilnuti'ri'il
Hllliout look *
'lit ; anil kiillliu tin ) olotlt *
Inn or nrioabltntliitf ttA |
li u of a vr i'l , tint wt It'll
run nl > u bo u > cil for reoltl
Injoclloiuor Inlitatloo.
Kl"l IIUIIMCr. UtJI/Jl
AM ) II A II It IIUUUUll
Price $ > 3.OO4
Mull iirilom Bollclloil.
TlieAIoeflPenfoklCo.j
Tl )
' pri.'Krlillon |
Hrcuiutnly | irvnaruil Al
low iirlcut
-
ss
CURED
Bend 1O ccntu for 1OO imi "Electro-Modi.
icul Theory ami 1'ractlcu. ' "ElectroModi.O
B _ B. JB Ujjig .town FgjjB. Jown.
.
IIICAHft " Uui-
ilie.ti. li litrri.uiliHiirvh. - i/d
ly Hi lil'jud. ittrtat ami ! trru | |
_ * ' , > , ' . r t mull , nc kiKMUfor blllobt
* IVi' *
tt / i4IH.n IM P * i * n " nt'tn M w * i/iiyuv
X ( Q ? > > / ' /9/UUil r ) n > llUllliui | | ) " | * < l , /BUI
US'l o'UVV I" " 1 * ' t l Vli'irlliurii. low i <
WSKi'tr 1'iHilv ' * . n < nul'lci > irvliiu > piilurul
9 JSSK ftfcifcUon I'llnr li'J. Mllnw ininliUK *
Slriinuru Mooil.cr u follurt Iiy Un' lnnu < It Ihircr lu-
U'ttltnc * toiHifona thilrpropurfunrtlLiui. J r oiui
ztrirvn touTfr < allnr rut n : IlUauy UkinuoueiuUr
* f r lum l. ITUL-I.T mMljlgroM.Hi iuiujTi-o.
- C'llKHICAI. CO. '
KII-ANH , lOHpnicoht .h'ew York