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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (June 30, 1893)
IBM. SUPREME COURT DECISIONS ' fcjllnbl of Important Opinions Handed Down from tha Bench Yeaterday. HARD ON THE IOWA GARNISHEE INDUSTRY AMlgnnr of Olnlmt Are I.lahlft to tlin Debtor M'lio U Kxompl In Nelirmkn at Indiana us Oltliena -Other 1'olnti. Juno 29. [ Special to Trm J3EE.--ln ] the supreme court today n number of dcclilnns were r cndorcd , several of which are of especial Imixmaneo as well n of great Interest to thn public on account of the precedent * established. In the matter of the garnishment of wages of employes of corpotutlons doing an Interstate business , the court holdt that the assignor of a claim Against wnges qxompt In Nebraska but not fiicmpt Jn Iowa Is responsible to the debtor ( or the Ions of such wages , and that any judgment obtained on such an assignment In Iowa docs not settle the matter as bo twccn the assignor and the debtor. Tills Is. of especial Interest to employes of railroad . /and express companies , who have boon barnmcd by the collection sharks of Sioux City and Council Bluffs. It will probably prove a death blow to that industry. Another point decided relutqs to the exist- cnco of streets In additions where the thorr oughfare have not been formally dedicated. It provides that where the streets are pro longations of the streets of the original town- alto , nnd have been used for years with that understanding , valuable private improve- Tnonti being made , which would bo. rendered .useless if the street were abandoned , nonox- istcnco of the streets cannot bo pleaded by the original owner of the addition. 1 Chapter Ivll nt the Nebraska Code , relating - ( ing to descent , especially involving the right Of an Iniuno wife In the property of an in ? tcstato husband , Is declared void because It contains more than one subject. Another decision sots nt rest the rights of Indians who have severed their tribal rela tions nnd taken lands In severally as citizens of the stato. Still another point , which U of more than usual local Interest , is that the statute which provides for the county's bringing suit for the cost of support against thy relatives of an insane patient , the latter having been beclarcd Insane by the county , Is unconstitutional. Telegraph comvanlcs are hold to bo liable for anv loss that may occur through failure to promptly transmit messages entrusted to their care , when such failure Is the result of their own negligence. In this case the printed notice at thn top of the message plank was held void because If it was a con tract itvii without consideration and un- foasonnblo. The syllabi follow : AHl | iiinont ot ClnliUH lllncnl. O'Connor vs Walter , Eiror from Lancaster county , Anirmod. Opinion by Mr. Coin- inlssloucr Ityan. 1. Where there was duo a resident of No- lirnskii from a railroad company onerutliiK a line i > f railroad through Iowa and Nebraska , Muni's , which In Nebraska , weiu exempt from execution nnd attachment prod-os , but which nevertheless , by means of an assignment of the clnlm iiKiilnst thu parly entitled to such exemption , to a resident of lonu , were pro cured , by tbo KurnlHhment of said lallroad company hi Iowa , to bo applied to thu nay- ninntof said iilnlm , the assignor of Mich claim Jtt liable to such debtor for thu amount bo ap propriated without his consent. 2. AH between said assignor and the party entitled to tbo benollt-s of such UM'mptlou In Nebraska , tbo proceedings In lown weio In np BOUSO res ndjuclicaUi. Missouri Pnoiilo Hallway company vs Baler. Error fiomOtoo county. Affirmed. Opinion by Mr. Commissioner Hyan. 1. A copy ot letters of administration , lion duly cerllllrd to be truu and correct oplcs ot Htieh letters as appear from the irlgliml on lllo In the county court whurctn uch letters ot administration wore granted , are admUstblo In evidence \\ltli thu same blTcct as thu original. 2. A declaration , to bo n part of the res Rostm , need not necessarily bu coincident In point of tlmo with ( lie main taut pro\ed. It Is onnURli that the two nro so clearly con nected Unit the declaration can. In the ordi nary course of affairs , bu bald to ho usponta- tu'ims explanation of the real cause. 3. In an action by an administrator , under the iiiovlsliins of chapter -\\1 , ( 'omnlli'd btat- utes , to recover damages for the death of his Intestate , It li proper to prove thu value of the services of the deceased which thu null of kin of the deceased could reasonably expect , but tor the Injury , would ba\u been rendered in their behalf , the natural expectancy of life Of the deceased just i > re\ions to itcelvlng the injury which resulted In her death having peon duly hhown. 4. The existence of negligence should bo proved and pasncd upon by thu jury as any cither fuel. It Is Improper to state to thu jury h circumstance or group of circumstances as to which there has been evidence on thu trial , and Instruct that such fact or group of facts amount to negligence per HO. Almost , the jury should duly hit Instructed that Midi cir cumstances. If established by a preponderance Of this ovldeiicu , are properly to bu considered ill determining the oxlstVnco of negligence. 6. Under thu provisions ot Bection U , article ' chapter Ixxit , Complied Matutes of Ne- j'raskn , It Is only neeesstuy ton right of re covery against a railroad company to show that Ihu pcr.son injured vena at the tlmo boliiK transported ns a passuiiBer over thu defend ants llnu of railroad and that thu Injury ru- eulted fiom thu management or npoiatlimof aald railroad a presumption thereupon arises that such iiiiinngement or operation was neg ligent , and It can bo mot only by lin\\lng that thu Injury arose from the criminal .negligence pf thu patty Injured , or that the Injury com plained of was thu result of the violation of nomu express rule or regulation of said rail road company actually brought to thu notice of the party Injuied , Jowa Savings bank vs Dunning. Error from Saundcrs county. Affirmed. Opinion by Mr. Commissioner Uagnn. 1. A description of property covered by a chattel imirlBUKo. which will not enable third porbons , aided by In < | iililc8 which thu mort- pagB Itself bUjtKBslu. to Identify the mortgaged iiroporty , Is nut constructive notice to good lallh purchasers thereof for u > aluablu con sideration , 'J. Whether Hi. ) description of property In a chattel inortgagu and thu other inquiries Which thu mortgiigo biiggcsts Itself are Biilllclont ( o enable third persons to Identify . the mortgaged propurty Is n question of fact for the Jury , ctm Ijiucnster county vs Holyoko. Krror from Lancaster county. Huverscd and re manded. Opinion by Mr. Commissioner Itiigan. The word "viewing" as found In section 7. chapter xxvlll , Compiled .Statutes , means something more than looking , sculng , liehold- Ing ; It means Inspection and investigation , an Inqulty by the coroner uml u Jury , 8. A corunur can lawfully hold nu Inquest upon tin ) dead bodies of only Mich puisons ns : ore-supposed to liiivu died by unlawful means , a. A cotonur without thu Impaneling of n jury a * provided by thu statute , Is not entitled ( to liny fees for Inspection and examination of thu body of a pel ion found dead lu bis county. Lnllln vs Svoboda. Appeal from Douglas county. Opinion by Air. Commissioner ISr vine. Under the buid law. Compiled .Statutes chapter 11 , article III , a per > on liuIng tht < cus tody of cattle for thu purpoxo of dcpiislurlni ; thu Millie , although \\lthout compensation ! { from the general unnur. U llablu for diimugu aonu them upon the cultivated lands ot un- Other , U. In such case the person Injured Is not conllnod to thu lien pnnided by statute , but luuy maintain an action for damages. Involving thu KsUtvnou of slrcoti. Wkcs o , nl vs Kellogg , administrator. Ap peal from Hamilton county. Aflliiucd. Opinion bv Mr. Commissioner Ityan. 'd.ud The owners of a tract of land , having platted It nil nu addition to mi adjacent town , boas to Bhow what appeared to hu thu prolongation of Us ntreels ( though not so driilgiiated ) , and hav- liiK for Ihu i n IIK ! of i-lght years ucquluscud vIII thu grudlnt ; and public usuofsuch apparent etrouts , Ihu xroctfon of sldowalks Uioieon litml the constiuctlon of costly Imiirovementu upon adjacent private projunly In Riich manner tlmt If the existence of such slreeu U tlenled thfio Impairments bo rendered compar atively iiht'U'i. * , aiidha\lni ; luprfavntud tuonu party who , on the btrunxlh thereof , purchakcd u Ivor I Ion of said uddltlun udjolnlng f aid ip- parent strt'ets that Mich portion would abut upon Uiu same as streets , iiro estopiwd to nitK the vxUtfiicuof thu ktrcets thruuKhsuch nddl- tlon of wlileh tl.ey ha\o UmaMipurimlucrd Guch belief and thu reliance iht'lvon of tbo linrtles who have ncleif upon thu fulth of such uppeiiruiict'it , acU and reprcientatlons. Itabcn vs I'lrst National bank of Aurora. Krror from Hamilton county. Affirmed. ) Opinion by Mr. Commissioner Irvine , A , the owner of a note secured by mortgage , F pledged the uoto to u bank tokocuro un in- dobtetluc&j from A to thu bunk. A senior luortcagcu broujht u furecloiuru kutt , luvhlcli I A appeared by hl < i own attorney * find nied a I cro-H-blll A decrco forrclnslim hoth iiiiirlI I gngoMwas rendered , ft d the Innd win sold to iv NlrntiRor , Thereafter thq hunk bought thu i Innd from Hie pun-Inner , A' Attorney III tbo foreclosure case negotiating Dm purcnaso anil ti-celvlmj n lionus , f/ilor the bunk icsold nt i a profit. Held , tlmt A could not recover from l the bunk tbo amount of the note out o ( ucn pro I Its. Loo. Fried A Co. TS Brucgman et at Krror from l > nncnstor county Affirmed Opinion by Mr. CommisMoncr Hyan. 1 The oxtcnshin of tlmo of payment of \ note lo thoprlnrlp.il by tbo payee , upon sufll- clontoontlilur.Uloii , wftbuut ( ho kiiuwlcdgo o ? thu surety , rulnascs the surnly , nnilotlurnca cloKrly dfrtc-lcd to proof of such fncts , properly pleaded , Ucnmpet il , \Vhcro tliun < lifTis llilllty of evidence Is for the lint time called In question by a motion tq dtrlko It out of the record It U very question able nhutlmr under any rircumst.'incos a ro- \lewciinbohadofUio ruling of the district court upon nucli motion. 3. \cidlcl will not bn dUlurhodbccnusQ unsiiiiportvd by the evidence , unless It Is rlcnrly o. i of Indium na Vnlnm. Slate ox rcl Craxvford vs Norrls. Quo wan ranto. Writ denied and suit dismissed , Opinion by Mr. Commissioner Itagan. 1. The not of congress approved robriiary 8 , 1887 , entitled ! "An Art to l'rn\lilo for tbo Allotment of I.nnd * In Severally to Indians on tlio Vnnoui llesenjitlons and to Kxtenil tbo I'rotectlmi of the haws of thn Unltul Mates and thn Territories Over the Indium and for Other Purposes" Is not In conlllot with Hrtlclq I , section Hot thn constltutlnn of thn United States , which provides Hint congress shall have power "to establish a uniform rule of naturalisation. " . . . , . , , U. Ily the provisions of snld act alt Indians born within thn territorial limit * of thq United .Suites tovhom allotments of land In he MI nil I y have been mudu iinilor the provis. loin of s.ild law or other law or treaty , ami al ( Indians horn in aforesaid who hiuu loliintarj Ily taken up their icsldenco In the United Blatos sepnrato nnd apart from any tribe of Indians therein , and adopted the habits of rlvlll/ed life lire made cltl/ens of thu United Hliitcs , and such Indians residing In this stalq are citizens thereof , 3. The actual Issuance or lecelpt hy an ln dlun of u pitenl for Hinds allotted to him undur tbo act Is not necessary to constitute him acltbcnof thn United Sutess when In ] has accepted the land allotted , taken posses * Hlon thereof and otborwlsu compiled wflh tbq law , lie becomes entitled to his patent and liU elll7unslili | attaches. 4. An objection that the "convention , prl- maiy nieotlnit , " "coinmltteo" or "electora'1 nominating a camlldato fur public olllco bad not thu legal authority to take mich nomlmii tlon , iniiHt bo made bofuru tl0 | election and In thu manner provided by Hccllun 100 , chapter \xvl , of thn Compiled Statutes ! and If not.sij made tbo legal aulhorlty , of sui'h eoiivon- tlon , " etc. , to mnko such nomination thu cur- tlllcatu tberenf being In un apparent conform ity with tlio provisions ot the election law will , In thu abuuncu of fraud , bu conclusively presumed , D. Ily tbo provision of section 141 , chapter xxvlof Hie Compiled Statutes , a camlltmto may inaKo objections to the ballot as pi luted by thu county clerk , and Invoke tbo power of tlio eon i Is to correct any error or omission In tbo nnmu or de cilpllon ot bis competitor ! but If .sucli rnmlldatu neglects to nmkoHUCIi objection until afler Iliu election , liurnmiot then object to the result heciuiso of any error In tlio political designation of his competitor on Mild ballots , wltbout a shotting of frain ) find that thu orior , by deceiving tbu electors , prevented a full and fair oxpiession of thu \liters' will. 0. hiich a construction of an election law as would result In tbo dKfraneliUemunt of largo bodies of vote's because of an error of Homo public ofllciir , should not bu adopted where llio language ot tbu statute la susceptible of any otber. 7. Innocent Irregularities of election olllcors which aru fieo of fiaml and have not pro- % ented a ftee and fitlr upreslon of the popular choice , will not vitiate the result of nn election unless thu legislature has e.\- presily so declared , State ox rol Summers vs Urldel. Quo war- r.into. Judgment of ouster. Opinion by Mr. Commissioner Irvine. An order Incorporating a vlllago Is void when It Is obtained from tbo county board by means of a uapur purpoitliiK to bo a petition signed by a majority of tbu taxable Inhabi tants ot tlio toiiltory hougbt to bu Incorpor ated , but , the slKiialuies attached to which were not by tbu .signer : , thereto appended but wereulven for homo other Diirjiosu ami fruiul- ulently thereto uttached. U. ljuo warranto la tbo proiwr remedy to oust persons who aiu exorcising tbu poivorsi ot corporate olllced wlien tbu curporjblun has no legal existence , State ox rel Cheever vs Johnson. Error from Saundcrs county , llovcrscd , but year for whielr license was granted hav ing expired , no writ will Issue , but judg. incut will bo entered against the respond I- ents for costs. Opinion by Mr. Commis sioner Irvine. Aboard upon which Is Imposed the duty of hearing and determining applications for licenses to sell lliiuori will lie compelled ira mandamus to comuno and revoke a license , gianti'id where thu'e&iontlalproceedings mpjl- lto to the ( Hauling of a lawful license have- not been compiled with. Now llulo of Inheritance. Trumball vs Trumball. Erior from Lancas ter county , lievcrscd and remanded. Opinion by Mr. Commissioner Irvine. Chapter Ivll , session laws of 1889 , providing for tbo descent of real property and the dis tribution of personal pioperty of Intestates , tbu disposition of homesteads of intestates , thu barling of un Insane wife' " Intelcnt In thu lands of her huslmncl by deed of bur guardian , and the abolition of thu estates of dower and courtesy Isolcl because It contains more than one subject. 2. It Is also void because Its object Is not expressed In Its title , and because ft Is In ef fect amendatory of oilier nets which it docs not contain. 3. Under tbo title of an act to aniond a cer tain other act no amendment cttn bo enacted which IH not germane to tbo subject of the original act. 1. When portions of an act are invalid be cause not within tbu title , tbu wnnlu act must bu declared ole If It Is apparent f row an In spection of the act Itself that tlio Invalid per tions formed an Inducement to Its passage. IMclccns vs Plattsmouth Investment com pany. Appeal fromCass county. AUlrined. ! Opinion by Mr. Commissioner Hyan. Tlio vendor In nn executory contract for the bale of land will subject his rights Inlboprop , erly tr bo conveyed to a mechanic' * Hen by directly , though In conjunction with tbo vendee , contiactlng for those Improvements for the construction of whlcliMiuh mechanic's : lion IH sought to bu enforced. 2. If a venilco In possession of real property by virtue of an exeeutoiy contract for tbo purchase of tbu same , crecU ts ! thereon , thu lights of the \onilor In .said P erty nro not tberoby , of necessity , postponed ; to the lion of the mechanic or material man under thu mechanic's lien law. .Such post ponement can only bo predicated upon a con- liact of the mechanic or material man with ! tbu vendor directly , or through bis agent , and biich essential contiact must bu pro\ed , as must any other necessary piuposltlon of fact , itmpimslblllty of Tologrnplt Companies. Jt.i Pacific Telegraph company vs. Underwood , i- error from Lancaster county. Affirmed. Hagnti , commissioner. Thu legal Hiatus of n telegraph company Is piactlcally that of a common carrier of Intelli gence for hire ami such company Is bound II10 concctly and promptly transmit uml deliver messages entrusted loll , nnd cannot by con tract itilluxu Itself , either lu u hole or In part , fiom liability for Injury or loss lusultlng fiom Its own negllgencu. 1 ! . A leli'Kinph company had printed on IU message blanks : ' Thu company wilt not bo llablu for damages In any case whuru thu claim Is not pii'seiited In wilting within sixty days nflor sending of thu muisagu. " Held , an u- tempt on thu part of thu telegraph company ued limit Its liability ; that this clnuso , if regarded us a contract , was without consideration , un just , uniuasonahlu nnd vlolnttvuof section 1- , chapter l.\\\lv , Complied Statutes. Lincoln Kapld Transit company vs Nicholls. Error ftom Lancaster county. Affirmed. Mr. Commissioner Hagan. I The manting of n finnrhlsu by the electors of a cliy to a corporation lo build nndopoiutu AHtiouf railuny In tliohtieutsof thu city does l not evemjit tlio street iiiltway company fiom liability for Injuries " caused by . Its . negligence . , " " whethuri such negllgencu coiihists In thu Ini- iroper [ nnd cnroles-s innnngumeiitof Its piop- > 'ity or In thu character of thu motive power ' employed In propelling Hscai-s. ' - > . When one is placed by thu negligence i of another In a situation of P" ! II Ills attempt tu useapu danger , oven by doing nn not which Is itlso dungciuus , and fiom which Injury re sults , Is not contributory negllgencu such runs will piuvunt him fiom recoxnring for un In- jury , If Ihu attempt was onu such as a person uctuiK with ordinary prudence might under the circumstances maku. ' Jones National bank vs Price. Krror from Sowatti county. Affirmed if the defend ants in error lllo in this court in twenty dajs a rumlttitur of J'65 bt ) . Mr. Commis sioner Ungan. A linrol contract between a plaintiff and do- fendant , provided , Hint thu plnlntllT should enter his voluntary uppearancu to a suit then pending , to foreclose u mortagngo on real es- intu owned by him and walvu thu nine months otny of ealo of thu premises allowed him by law , In consideration of which defendant should bid In said premises at the sale under thu foreclosure pioccedlngs at the amount ( of thu decree , Interest and costs , tusoll the sumo ut private salu and pay toplaliitltf the amount rcalUed In u\cc s of thu bid. Held , ualld contract nnd not within the statute of frauds. Section 3 , chapter xxxll , Compiled Statutes. Junes vs. Howell , Appeal from Douglas ; county , lievcrscd and remanded , Mr. Commissioner Uiigan , A court of equity will not vacate n Judg ment ut luw uiereljr uu thu ground that the officer's return thnt ho liait oorvnil the sum * momt on the dofondnnt to the judgment by leaving n copy of the pnvoss nt hli nsuril iilaco of roshfenco WM false. It must nlsa lie averred nnd proved Hint the defowtnnt to t in Judgmunt Ims n murltorloua defciuo to the sumo. Cndwallnder McClny , Appeal from Ixtn- carter county. Affirmed. Mr. Commlssonor Irvlnij. A Judgment will bo ct nslrlo where It Inknn nftct n xottlomc between the parties , and contrary to plain.- promlso to dliml s the fiction , the defendant having rolled upon tiio promise nnd so sulTorwl ilrfnul * . , , 2. The defcnilant wn * juitlllcd .In rolylns upon ntirh promise , Mthough tha plnlntllT was an Infant , ho posseting npparently good Judgment nnd ilUcretloii , and having been , by ids fnthor , whiinpiionred In Uio notion n his naxt friend , parmlttod to trnnsnct the busi ness out ot which the action arose. , . \Vhoru uono of the special proceedings provided by the code Is In such n cuso a\nlln- blo , nn nctlon In equity will llo to enjoin ngalnst the enforcement ot such n. Judgment nnd to dcclai-o Itdonncullutlou. Brawn TS Fonglns. 1'Jrror from Douglas county , Afllrmcd. Mr. Commissioner Hyan. An nctlun for the forcible detention of real property may bo maintained by one whoso complete possession thereof hns boon ended by the wrongful entry of another , oven though sucli entry "was maiio under chilmola ! paiiii mount title. , J. A puison who claims the paramount title to real property In thu undisputed of anoiher cannot , by nuriuplloiisly olualli- Ing possession thereof , plnco Mich former post sessilr at any disadvantage , as to thu nssei tlni ) of his lights or Hie enforcement of his roni- cdloB , In luspeot tliornlo. Dnrnott vs Pratt. KrrOi * from Lancaster county , Ko\urscd and rcumndcd , Mr , Commissioner Irvine. ' A brought suit against Il.iilleglng thatO wn. Imlebteifto A for wnges , that II purchased O'H business , out of which the dobi arose and < > \ pint consideration agioed to pay O'H ilubt tq A ; that tbU agreement was omitted from an instrument In ( no form of u receipt , set out In the petit Ion and containing other terms of th transfer , and that the omission was to prevent a thlidpeison from learning of the promise , lluhl that tlio petition stated a cause of art Ion. J. Such a piouilse , omitted from a written agreement , may bu proved by parol whoru the promlsuu wns induced to oxoculo the writing On the faith of the oral promise. 8. Such apiomlso Is not within the statute of frauds. County Must Support Insane. Pnhhvln va Douglas county. Error from Douglas vounty. Kovorsed. Mr , Conmust aioner Ilynn. The provision of the stituto aiilliorlilng suit to be maintained against the party legally bound for thu support of an Insane person bv the county which has paid for thu care , board nnd treatment of such Insane person ut the Insane hospital of this .state , upon the ( lulling of stiuh Insanity by the commissioners of said county , Is In conflict with section 1 , artlolo l\ , of thu constitution of Nebraska , and U , there fore , Inoperative and void. American Water Works company va Dougherty. Error from Douglas county , Affirmed , Opinion by Mr , Commissioner Irvine. Issues as to the existence of negligence and contilliutoiy negligence , uml ns to inn pioxl- mntu cnuso of nu Injuiy , tire for the jury to de- tuimlnn when thu uvluunuo ns to thu farts la conlllctlng and where dllToiont minus might luasonably diaw dllTerunt Infoiences as to these ( p.iestlons fiom thu f nuts established. 'J. In nn nctlon for personal Injuries , mental suffering nnd anxiety caused by physical In jury , Is nn element of damage , whether or not thu Injury was duu to thu wilful net of the do- femlant. Luntry TS Parker. Appeal from Douglas county , -Affirmed. Opinion by Mr. Com missioner Irvine. Where land Is especially adapted to the pur- pnso of grazing and hay growing , nnd one claiming ownership thereto 1ms every year for n peiiod ot more than ton years cut thn grass ami harvested and disposed of the liny from such portions of Ihu land ns Its charac ter permitted , M > using the land In connection with , and In the snmu manner ns hu used other truct owned or claimed by him and ad jacent thereto , there being at different periods fences or plowed strips , not entirely enclos ing Uio whole , but of such u character ns to Indicate n connection between thu tracts anil where the parson so using the Innd paid all the taxes thereon and nt Intervals warned off trespassers nnd distrained cuttlo thereon found grazing. Held , that such nets consti tuted actual , continuous , notorious nnd ad- vurso . . . possession . , _ , for thu . . statutory . . _ t. . period. 2. A tax deed nurpoitlng 611 Us fncu tocon- fey title to Inn , although void forifnlluro to comply with thu .statutes , adonis color of title undur the general .statutes of limitations. 0. Ono miy : plead ndvorsu possession nnd Is entitled to the benefit ot the statute relating thereto , although he was n nonresident and absent fiom the stnto during a portion or all of the poilod covered by his possession. 4. The possession of one's agents Is for the ' purpose of the statute of limitations thu pos session of tbu principal. o Busy pcopio have no time , and sensible people have no inclination to use pills that inalto them sick n day for every dose they take. They have learned th.it ttio use of Do Witt's Little Early Kisurs does not in terfere with their health by causing nausea pain or griping. These little pills nro per , feet iu action aud resulto , regulating the stomach and bowels so that he.idachos , diz ziness and lassitude are prevented. They cleanse the blood , clear the complexion and one up the system. Lots of health in those httlefellows. Balloon asconblon tonight , 8 o'clock. LOOKS LIKE SIOUX FALLS. Mr. Monhcr Will Probably Servo Ills Sen- tenoo In n Federal Prison. It seems more than probable that C. W. Mosher , the bank wrecker , will bo given an opportunity to celebrate his next Fourth of July In the United States penitentiary at Sioux Fulls , S. D. "While the authorities about the federal building profess to bo Inno- ncent of any Instructions from Washington \\lthrcgardtothoattltudoof the attorney general upon the question of sending Moshor to Sioux Falls or Lincoln , yet there seems to bo a general feeling In the air tlmt the attor ney general will not Interfere with the regula tions of the court , which make It necessary for Judge Dundy to send nil prisoners sen tenced to terms of more than ono year to Sioux Falls , and that Moshor's sentence will bo pronounced within the next three days. Mealier was seen yesterday and ho appeared to bo considerably elated over the news from Washington bearing out the Idea that ho would bo sent to the ocnltentlary In Dakota instead of the Nebraska bastllo. There nro several reasons for his feeling elated over this prospect. In the first place it is said that the prisoners at Sioux Falls nro treated with great considera tion by the warden. They are not obliged to work unless they want to and many of them nro not compelled to wear the prison garb. "If I go to Sioux Falls , " said the bank wrecker. ' ! shall make an effort to get n Job of bookkeeping or ofllco work of some kind that will bo In my lino. I shall tell the warden thai I nm willing to do nnythln ? from the functions of a chambermaid to watching on the wall , and I think b.y actlng whim I shall llml It a good deal moro'agreeable there than I would nt Lincoln , where I would bo pulled nnd hauled about and pointed at us the chief attraction of the great show. " WILL COME HALF WAY. llruleo Motor I' ntlo | 'Inlk of Five-Cent Ciiminutntlim Ticket * . Tbo agitation for n 5-ccnt faro across the bridge will bo resumed Monday afternoon 10M 2 o'clock In the council chamber , and thcro Is a bnro possibility that concessions from the bridge company ofllclals will bo secured. Councilman Elsusscr has interested himself since rccovorlmr from his illness with the re sult that n conference will ho hold in the council chamber Monday afternoon between the council committees of Council niuffsand Omaha , Mayor Bomls and Mayor Lawrpnco and the citizens committee and the COn mlltoo of the Commercial club of this city. It Is understood that the directors of the bridge company have decided to grant con cessions , under certain conditions. Secretary Stewart of the company and the directors have been Invited to bo present nnd make known their proposition. While the com pany is not ready to make a 5-cout faro out and out. It will do so whore commutation tickets are purchased. The tickets shall bo sold nt a price yet to bo named , but it is said 3 or M lots will bo tbo minimum amount under which the anlo will bo made. Those who fall to avail themselves of thn rV-eent rate by purchasing tickets ulll bo compelled to pay 10 cents each trip. The oftlcials ayer they cannot make n straight 5-cont fare for Hlnglo trips , but are ready to glvo those who desire it the benefit of a reduction by the purchase of the commutation tickets. This proposition will probably bo made to the conference Monday afternoon. Whether It will bo satisfactory remains to bo seen. The Council Bluffs people have been deter mined to secure a 5-ccnt faro , while the Omaha representatives have been somewhat lukewarm as to the proposition. GORIIAM BETT 'ENTENCED Ono of the Asylum Thicpa Gets Two Tears in the jfen , HIS CASE REVIEWED 'BY ' JUDGE""ST ODE stf Kvldonco Sharred lltn , , Ua Unit Dollbor- Btely Itubueit the Ufe-Other I.nn- easier Counly rntlori | | ) Liu- ooln'i l.ntest 1'olloe Joke. JunqSU.-Special [ to Tim BBB.J Uorham 1 < \ Dolts , 0110 of the asylum thiovcs , > vns given Iwo years in the yonltontlary today by Judge Strode. Ho took It very easily. Jqdgo Strode referred to the quashing of the first Indictment ; that ho luul been Indicted by two grand juries coin- posed of th.o best ipcn In the statoj that ha had been given a fair trial , and that the evi dence Showed that ho had deliberately robbed the state. After referring to the various petals niado by counsel In support of their request for n now trial , ho declared that the passing upon the claim by the state board was not such an adjudication nswould prevent a criminal prosecution , but as opin ions differed upon this point ho would allow him a reasonable time to prcpnro his writ of error before executing sentence. The application for an injunction to restrain strain Ute recent school bond Issue was de nied by the court today , the count showing that the bonds had eairlod legally. The vladuut Injunction will bo passed upon tomorrow , unless the railroads can secure a settlement with the property owners. It will bu held to bo In force , and will atop tbo \\or\c \ on the viaduct. Charles .1. Wilson , a youth convicted of as saulting n llttlo cousin , was given a now trial today. The county attorney nollo prosscquoct the complaint. A proton has been Hied In probate court against the will of the Into Ziichous Stratton - ton , Mary M. Guilder , one of the children , who was cut oft \vtli | Jo. is the contestant , and aho claims thai undue Inlluonce wns exorcised in behalf of the mother , who will give her son Thomas the property , valued nt some $40,000when aho dies , she thinks. The son got but $ oO , but ho is s.itlsllod. Thomas is the young man against whom Florence 12. Dele of lieu Willow county secured a $7,000 judgment foxhrc.ich of promise and seduc tion , but tbo execution was returned ua sutlslled. I'oulcil the I'ollco. . Thci-o was developed today a particularly Interesting case of shamming put up on the police force by a rcd-halrod young man named Osborne , who was taken to Tubitha hospital last night , apparently suf ferine from a number of stubs In the region of the left breast apparently , because while theru wcro no signs of blood , lite bodj was swathed in bandages and ho acted liki a man in dollrum. The story ns glc.inei from the fellow's talk was to the effect tha' Clarence Fonn and himself wore applicant : for the hand of Uosa Lobiuch , a young female of easy virtue , and Osborno was thi winner. The wedding Sviis set for las evening , but ' .lie night ooforo Fonn felon iously assaulted and cut mid stabbed him. Fonn was arrested today , and denied any knowledge of the uftalr. Several of his fe male friends insisted that there was nothing in the story.and that Osborno instead of being in the hospital was dowii'nt the Lobaugh place. Olllccr Pound went down , and found him still swathed in bandages , but appar ently feeling decidedly better. Ho came to the station readily , but when the ofllcor ex pressed an intention of looking at his hurts no demurred , and force hud to bo used. When stripped not a cut'bruise or scratch I could bo found on him. 'Ho was hustled I back Into court , but swore positively that ho ' had oeen stabbed. Fenii , however , was promptly discharged. Osborno acts like a man with wheels In his head , and the police suspect that ho and some of his friends fli.ed up the giuno ' with the ifatchtion of doing up his rival , Fcnn. Mui AWAIIUUD. DHUIcil Among Tliroo Finns Peculiarities ! of the lllilg. LINCOLN , Juno SJ9. [ Special Telegram to TUB BKIS. ] The State Printing board carao to a final conclusion this afternoon and adjourned. The print ing of the miscellaneous blanks , blank books and the supreme court reports was granted to the Journal company as tbo lowest bidder. Jacob North & Co. got the printing of the session laws and the Lincoln Printing company the reprints of the supreme court reports and the supreme court calen dar. dar.Tho The aggregate amount of the Journal's bid on miscellaneous blanks and blank books was about $ ! ) , GOO. Mr. Unthaway's construc tion of certain Indefinite figures In his bid on blank books was allowed by the board. The figures were so wilttcn as to read 4 cents or 4 mills at the reader's pleasure. As the con struction of 4 mills saves the state about $200 It would appear that the board was right in its ruling. It Is just as clear , how ever , that if this custom is persisted in that It will bo a waste of paper and time for other companies to put in a bid. May t/nutto Litigation. HASTINGS , Juno 20. [ Special to Tun BBE. ] It is not very often that a 85,000 farm , free of incumbrances , goes hunting an owner , yet this is the cnso of one in Adams county. H. A. Sanderson came to this county In the early days and settled on a quarter section of government land , described ns the south i- east quarter of section 0 , 8 , 11 , and located ir lu Verona township. Along in 1880 Sander son disappeared , and since that time ro trace has over been discovered of him. The land has steadily grown in value. Sander son has no known relatives , and smco the tlmo of his disappearance , the neighbors have made several efforts to obtain n tax deed. Ono man paid the taxes from 1887 to 1893 at the successive tax sales , but never called for his deed , so ho Is out the money In vested. Another man paid two years taxes ! \ \ Ithout any authority to do so and ho like wise has made a losing venture. The scramble among the neighbors for the farm is becoming interesting , and unless Sander son or some of his relatives stop in there ris no tolling what measures will bo rnsorted to in the ofrort to win a good quarter section , I.iMt Her Ileuson , GRAND ISLAND , Juno 20. [ Special Tele gram to TUB DEK. ] Grief over the loss eof her husband , whoso tragic death took place nt Omaha a few days since , has robbed Mrs. William Wrldo of her .reason. It was no ticed a few days nco but the members 0of her family hoped she would recover , and that the trouble would' ' only bo temporary , but her father , with whom she Is living with her three ehlldroncnoiv feels alarmed. I-ast night it was nil ho outd do to keep her from jumping through the windows. Hopes nro entertained , however , that the unfortunate - fortunate lady will recover in tlmo. News of the finding of her husband's body reached hero today. Tlilovo * Captured u Iloatrlor. BEATIIICE , Juno 29. [ $ jipclal Telegram to THIS UEE. ] An attempt was made this afternoon ; - noon to break into tho'residence ' _ of John : Dwycr , commercial ageh't of the B , Sc M. Mrs. Dwyer discovered th'e thieves as they wet o about to gain cntrahVo and scared them away. They were afterwards arrested and gave their names as Tuomaa Clark , Cam eron , Mo. , and Charles Wilson of Smith county. Kansas. They are a tough looking pair. 1'alil ( or Their 1'loaauro. , HASTINGS , Juno 2U. [ Special Telegram to THE DEB. ] This afternoon John and Adolph Wagner wore bound over to the district [ court on the charao of assault with Intent to commit great bodily Injury. On May 31 they undertook to settle a business dispute by pounding Dan A. Deale. Ball was lixod at fJOO and in default they went to jail. Two other charges nro pending for offenses committed in the same fight , To Obiervo the i'ourtli. TILPEN , Nob. , Juno 29. [ Special to TUB BKE. ] This city will colobroto the Fourth. All Madhcn county Is Interested , Balloon ascension tonight , 8 o'clock , THE NEXT MORNING I FEEL BFliaMT AND NEW AND MY COMPLEXION IS UETTCn. Mr doctor ! ys It nrti tfcntlr on th itonocb , liver unit klflnSTt , n < > Is * plwuwnt l ktlyp. ThU drink u mada from herbs , nnd i prepared fat ui | Dr. W. H. BETTS , I'rlnolual nnd Senior Mumbor ot the Famous firm ot I ] no Kaffci m lllo. Uoulio vJi. . Physicians , Surgeons anl Specialists. "Are they dolnc a larno business ? " Is a question often n ked concerning Drs. Dotta & IlotK Inquirers arn requested to road the following summary : md Judge for themselves ; Numborof yours In prnctlcn it Ufflccs In operation In various cities. . . . 11 Assistants employed 2D Oupltal Invested In business > i281.000 Average annual o\ion | os 1M.OOO Average annunl rouolpU 143,41. ! Number oiiscs In27yoirs tinlii UomplotoBiuos oiTootod blH > 3 Oroutly bonelltlod 1.1)13 ) llolloved and Improved -J- Not cured 20 Costot proposed now Inmtuto 12.1.000 Cost per ininii'ii of udvortUliu. . . . . . . . . . VJJj Koul estate owned by arm. , 200,000 Nonnmlorthat Ur.V. . II. ilotts. the head ot this great firm , la re ferred to bv hU friends as "the grny- Imlrcil old dootor , " for to his untir ing energy nnd perseverance , hla Hlgnal ability , both ns a business and professional man , has tbo busi ness of the Orm srown from abso lutely notbln ? to Its present ut an- tlo proportions. To create and maintain so great : m enterprise is enough to turn nuy man cr.iy.whllo thn glow of boncst prldo th.it shlnas In hl9 kindly face , hla ruddy feat ures nud quick , firm , olosllo stop , nil bespeak the joy ho tools In the grout success ho has won nnd the peed ho has bestowed noon bis fol low man. The sick and the sulTor- ing will 11 nd In htm a true and last * Ing friend DRS. BETTS & BETTS , 1(9 ( S. ! 4ih Siresl , Cor. Doujlas St. OMAHA , - - - - NEB. CAN BE CURED IN 10 MINUTES JJV USING PRIGS 25c PER BOX. Your DruQgist OMA1-JA , - NBB. Full TJ313TII Teeth extracted In inorniiifr , Now OIILH hiHcrlHl ; iftrrnoou H.inin day , 1'erfeul til guar anteed. - - - -mur Ulili mill I'nrnnnt Hfroof. Elevator on 10th Streot. Telephone 1085. lUUNQ THIS WITH YOU. yflOY KIT AI ITV ona Vecr | qnlcklr ro lllNI 1.UWI VI I WLII I T stored. KcrvomUtbll ill riB i i 0Ci lurry | cilieJ b ; INOAPII. the irrent Hindoo Itrincdy , duld wltli vrrlfc IBM ituuronlffl of cure. Hatuple tnt Ircr. Aaureu Urlvntul Medical Co. . t llrrntt ! ! , CHtu , IIL HOTEUS. Thft Midland Hotel COr. IGthontl Chloaao. , Jefferson Square Park. IlulldliiR nnd furnl- _ . turo entirely now Amcrlcnn plnn , l \a.anT ( .Bpooliilrato br the Kuropoan plan , II f ( week Convenient to all ear lines lo and from depots OniTH all coniform , conveniences and fare of higher prlccxl hotels , livery loom an outside room. Llictrlu llgblu , call.l > olln , fan , ballm , eto , M. J. FRANCK , Pi'jorietor. The Mercer. Omaha's Newest Hotel. Cor. l tli and Howard Streets. 40 rooms t5) ) per day. 40 rooms JiOO per Uny. ; io rooms with bath at J3 nor day. W rooms with bath at it & > per day. Sloilurn In iv ry Itenpnot. jsovvly l'iiriuilie < l Tbroucbout C. 8. ERB , Prop. HOTEL 6235 to 0241 OQLE86VAVK. CHICAGO. flnl-clm brick lUii-prcxif Karopoan Ilutol. oulr tlireo blocks from lliubliir-Betoiul bt. ciitrmicu lu tlio WotW I''ulritrouwl ' . Our rooms are all light and Mrr.mostlyouUlde roomsUoldlnK from Ihrco ID nil pooplu each. Trlcoa pur room , MUU fiw anil Jj.U ) uvr oajr. Awnings , tcrouni lavvprjr window unit covered plaiiasuaoTvrr llonr. Ihu lintel u operated brtlieonuer and U will cost jou nolblni toMicure rooms In advance. A Onit-cliu UlrUng Uixiia coaovcl u nltb tbo botel. C. u. uiur , Buuir , EDUCATIONAL , HOLLIES INSTBTUTE HOTKTOUKT Hl'UINCS , Va. For ynuntr.l.nillrs , fist eeMunop ] _ ni Boptcmbe . . lao. Alouiilniu KcciH'ry. nilnvrnl wnleri. CUuuu t luuuUwL Wnlo tut illo UiUiJ ctUlceue to C1IAH. I , . t'UUiil ! . Mupt. , llollln. . V . Continental' ' Clothing House , THE CRHTEST SUIT SftLE ON KECOBD it 1,000 Men's Fine Cheviot Sack Suits worth $15.00 and $18.00 at Look in our Show Windows filled with ' ' $10.00 Suits. Lot No. i. Men's gray diagonal cheviot double breasted sack suits , sold all season for $15.00 , Lot No. 2. Men's worsted cheviot sack suits in a" neat gray cheek , regular $15,00 suit , French lacings , Lot No. 3. Men's gray homespun single bteasted sack suits , sold all season ( or $15.00 , Lot No. 4. Men's single breasted sack suits made from an imported cheviot , cut with French facings , cheap at $18.00 , Lot No. 5. Men's four button single breasted sack .suits made from a neat hair-line cassimere , never sold less than $15.00 , $10.00 , Lot No. 6. Men's handsome valour finished checked cassi mere single breasted sack suit , regular $18.00 goods , Lot No. 7. Brown pin check cheviot single breasted three button cutaway , regular $15.00 suit , Lot N. 8. Neat gray pin check cheviot single breasted three button sack , retailed for . every day $15.00 , -1 ON SATURDAY MORNING- , 1 In addition to the above we will place on sale I 500 Men's Suits at L- - * * ' Regular $10.00 goods. Samples may be seen now in our show window , but none will be sold before Saturday morning. Cor. 15th and DouglaS Streets. LEXINGTON ( MO. , ) SCHOOLS. BAPTIST FEMALE COLLEGE. ELIZABETH AULL SEMINARY. Unturpaiscd course 01 Young l.a.lici Homedchoul tU.-U/rfa > almly Muali art. Illera- Oncor IbPnlilMI.&em In MIL , I lurc.clocuilon.bumnesj.&c. ' ouri. Ap [ iMmcnumoclorl < . ' Location bculttvyaoil picas- i Aluilc nd Art. TV-genera . -SpciUluls. lllo.iratol call- jBlhytar opcn > 5cpt. nth ar , T. I' . Wnlion,1 Btr.W.A.WlUoD.A M..Preit , ! CENTRAL COLUECE FOR VOUNO LADIES. WENTWORTM MILITARY ACADEMY , , Lflllnglon , Mo * Sll . do I. , > ln lon , Mo. imimcnuullntirucitoa. It offlcera aod Uacticrs. Con- . Mhiourl Oidcti inlliury iclioollir lltilililul Ifcix serrftlory ol auila Art lloa lra onalilo . , . | | arms. IU Gyinoailum. ' Modern up- . luxualid rautoguo. , polnltnealJL tilb year Illiu . MA.f. I RUPTURE I'KltaiANHNTI.V CURED or NO PAY , NO PAY UNTIL CURED. Worefor you toll.rj'ji ) pitlents. ClUnUniM ntCCDUJfU Nnl'llliiikofOoniinorcn. Omaha. rlflHflblrlLlituHtllljt i ( JLTiiiuii ivlinrv ll.nilc , Umnlia. f < > < ict < nt Ion from linslnois , No operation. Invcs * tljtnlo our inotlioil. Written inmr.inleo to iilisolutely euro nil kinds of KUl'TllKi : ot both Hoxei wltliout the use of knife , no nntlter of how lon slnndlii . EXAMINATION FUEE. THE 0 , E , G9F.1PAHY . , :507-308 : N. Y. I.lfo J3n Idlug , Ouialm , Nolj , KE.\D roil DrD 1316 Douglas Street , Omaha , Neb. Th * mln nt iDccUllit In nerroui. ohronlo , prlrata. blood , ikla aoil urlnitrr ( llHMOt. A regular snd roglilcred . gr dualu . In raejlclnu , ui dlDloruii ana omitljaiot nlll ibow , U § 1111 treating with the Kroatoit uccen. caiirrn. . lo t mauhgoj , umlnnl weikaoji , nl tit loiiat und all furuii of prlrato dlioitoi. No mercury u ed. Naw . troatoidnt for Ion of vital power , 1'arllii unnula to vlilt ma may batroatvd nt homo by oorreiponJcnco. llojlclno . or Initrnmeati nt by mall uroiprou aucurilr p oi 1 | no mirki to lodl. cale coalunU or ondur. Ona Inlervlgir . . parioual uroferrsd. Conlultatlon fr Corraipondencg rJ private nii ; ( tamp , llook for ( circular My.urloi , of JjfoJ tout frou , UOlcebouri , V o.ui. to V p.m. Huudayi , iUo , u , to itrlctlr 1J m. PROTECT ANii lirlpao YOUH SiiiHY Our Spectacles atiJ I yj liHiJj ATJ th i EYES TESTED FREE. SATISFACTION OMAHA OPTICAL GO , , S , 16th St.
