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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (June 11, 1894)
THE OMAHA DAILY JJKIi : MONDAY , JUNE 11 , 1891. 3 THE DAILY BEE. COUNCIL BLUFFS. OFFICE - - NO. 12 PEARL STREET Delivered by carrier to any part of lh cllr. II. W. TILTON , Lc CC. omce , No. ; night r , No. 83. MHtUlt .1//J.VT/O.V. Mra. Nftthnn Phillips entertained ft number of neighbors Saturday evening at her home on Hluff street at nn "old folks party. " Tlio seniors of the High school will be plven a reception this evening by the Jun iors nt the residence of W. W. Wallace on Hlult street. The preliminary hearing of the men who nro charged with having sliot at Drnkoman P. M. StoUoshury of the Kansas City road will occur tomorrow. About twenty mcmburs of the Oanymedo Wheel club went to Missouri Valley yester day morning. On their way they stopped at Heels for a game of ball. Mrs , M. I-1 , Hubcr and Mrs. A. H. Nicholas entertained the members of the reading circle and their biifibnndfl at their home on Fourth street last Thursday fvcnlng. There Is talk among some of the In- utructors In the city schools of organizing a party to go to one of the lakes In the northern part of the state for n summer's outing. Children's day was observed nt the First Presbyterian church last evening , the nudl- ence room being completely filled. The exer cises of the evening were In the hands of the smalcr children ot the Sunday school , and the program of recitations , songs , mid the like , was highly enjoyed by the parents and friends of the little one. A big crowd of citizens of Council Bluffs find Omaha took In the attractions of Grand Plazn yesterday afternocn and evening. The lake was never In betcr condition for rowing , bnthlng or fishing , nnd the Improvements that have been recently made about the grounds arc bound to make It one of the most attractive spots In the west this Boat-on. Kdwtn F. Hlche , a young man who was trying to steal a rldo on the Kansas City freight train going south last evening In the yards in this city , was thrown off by the conductor about 10 o'clock. He claimed the conductor not only threw him off the car , but kicked him In the back , hurting him badly. Ho was unable to .walk , and got some passers-by to carry him to the Hock Island depot , where the patrol wagon was called and ho was taken to the city Jail. Ills Injuries are not thought to bo danger ous. _ , It costs no more to have your fire Insur ance In old nnd tried companies , llko the dlons Falls and Imperial , than In those which are new and untried. Lougce & Towlc , ngcnts , 235 Pearl street. Tut Ills Foot In It. " One of Council muffs' society young men while walking down Main street dropped Into a well known men's furnishing establish ment and asked to be shown something "right up to date" In men's shoes. The dealer handed down several pairs of the giddiest things he had In stock , and the young man after carefully Inspecting them selected a pair and Inquired the price. Upon being told that he could have his choice for | 3.GO he lost no time In putting his foot Into It. Just such things happen every day nt 919 Main street , and It only goes to show that T. n. Hughes Is selling men's furnish ings nnd shoes cheaper than any one In the city. Call nnd be convinced. I'lUMOXAL i'.lllAtiltAI'llS. II. Q. Curtis of Atlantic was In the city yesterday. Glen Woods of Scdalla , Mo. , Is a guest of Charles Ilnverstock. Miss Mary Crenelle has returned from a visit with friends In DCS Molnes and Iowa City. City.Woods Woods Cones ot Pierce , Neb. , Is visiting his parents , Mr. nnd Mrs. W. W. Cones , on ; Twenty-flrst street. , Mrs. II. F. Whist of Decatur , 111. , who has been visiting her sister , Mrs. n. P. Morris , will return home Tuesday. Mrs. Wassermnn left Saturday night for her homo In Denver after a visit with her parents , Mr. and Mrs. John Fox. Commander Phil Shatter of the Grand Army of Iowa , from Sac City , was In the city yesterday on business connected with the encampment. Mrs. Julia A. Vincent , mother of the late Kirs. George F. Smith , left last evening for Hlllsdale , Mich. , where she will make her homfe with relatives. Word from Miss Helen Donuhey , who has been In Los Angeles for several weeks past , Is to the effect that she has considerably Improved In health. Mrs. J. W. Thompson nnd daughter of Chicago are In the city enrouto to Los Angeles , Cal. , and are visiting Mrs. Thomp son's sister , Mrs. A. D. Klhn. Arthur Spare , who has been running n switch engine for the Northwestern for a number of years , will hereafter have a reg ular run from Carroll to Audubon , and wil' make his home at the former place. Miss Dora Grass and Mrs. II. C. Dye will attend commencement exercises at Iowa col Icge , Grlncll , this week. On their return they will be accompanied by Miss Sadie Halncs of Grlnoll , who will visit here some time. II. E. Grimm and Ell Drown returned yes terday morning from a trip to Okobojl lake In the northen part of the state , where they went last Sunday on their bicycles. The } made the trip In two days and spent the time from Tuesday night to Saturday morning li loafing , llshlng nnd loafing. They made the return trip by train. Headquarters for window shades In nl widths and styles. Prices always the low est. Also upholstery a specialty. Council llluffs Carpet Co. , 407 IJroadway. Telephone - phone 01. Rpcclul Millinery Siilc. Miss Hagsdale. 10 Pearl street , will sel nicely trimmed Leghorn hats for $1.25 former prlco $2.50 ; best hats at ? 5.CO , former price $10.00. This week. Domestic soap breaks hard water. AVatch the Eagle laundry for the Improve ments of the day. A new sleeve and yoke Ironing machine Is the latest. Telephone 157 Ojion U | > riilrmoiint Avcniin. The people who are Interested In prop erty about ( ho southern end of Fnlrmoum park are beginning to. agitate the plan o widening Falrmount avenue , the street leading Into the south end of the park During the. greater portion of the avenue the width h sufficient for all practical pur poses , but In the northern part It IB nothing more than a mere winding path , will hardly enough room for two teams to meet nnd pass. It Is stated that most of the property owners , If not all , are ready to glvo the city enough ground to widen the nvcnuo to Its proper dimensions , and some such move will probably bo nmdo soon , A few of the celebrated Hunl npartmon house refrigerators left at Cole & Cole's and going at the lowest prices ever offered Don't fall to prlco these before buying. As liestos mats for vapor stoves , only lOo at Colo's hardware. Take your family to Manawn today nm enjoy all the pleasures of n first-class water Ing place. Alarm Uldu't Work. A frame building Just west of the North western railway tracks on Uroadway occu pled as n saloon by Matt Heuland caugh nro about 1 o'clock yesterday morning through a lamp hanging too close to the celling. An attempt to send In an alarm by the box at the Northwestern depot was , failure , as It seemed to bo out ot order. The department was called out. by telephone , am succeeded In keeping the ( Ire confined to th upper Door. The damage Is estimated a about $500. The building Is the property o Fred Mlttnacht. Nn fnko advertising or false promises a Plcri o's hoe store , but real bargains. Meyora-Durfeo Furniture company , 33G-33S Uroadway. Uargalng In line furniture. For cobs go to Cox. 10 M tin itreeL Tel * phone 48. _ _ _ _ _ _ _ _ _ _ Everybody kngvra Davis sell * drug * . NEWS FROM COUNCIL BLUFFS Dr , Askins1 Sermon to the Glass that Leaves the High School this Weak , UGH IDEALS ARE NOT ALWAYS FAILURES olonion'n Comment on Duvld'H Clmnictor n Itcmiirlc Unit .liny Apply to .Many n MtruglltiR .Mortnl Goil Ucclda nt Last. Fully 800 pcoplo filled the First I'rosby- crlan church yesterday morning to Its full capacity , the occasion being thu baccalaure ate services of the Council Ulufls High school. The nudletico room was magnifi cently decorated with flowers and plants and the fifty-two members ot the senior class occupied reserved seats In front , sep arated from the other pews by ribbons ot royal purple and lavender , the class colors , fn addition to the sermon by Dr. Askln of the Congregational church , there were other exercises that added greatly to the enjoy ment of the service. The Congregational ijuartet was present nnd sang "Tho Lord of Love My Shepherd Is , " by Harry Uowe Shelley , and the Presbyterian choir sang "Far from the World , " by Mlllard. Mrs. W. W. Sherman sang a solo , "Resurrection. " jy A. J. Holdcn. The music throughout was finely rendered. Hcv. Dr. Askln's text was : "Thou Didst Well In that It was In Thy Heart , " words spoken by Solomon at the dedication ot the temple , In summing up the qualities of his great father's character. The history of the race Is full of In stances of men whose toll and death In the wilderness ot unfulfilled Ideals have been tlio condition of their brethren's entrance Into Canaan , said the speaker. George Stcph- cnson made his fortune by giving the world the locomotive , but he could not have done so If some unknown man , ngcs before , had not Invented the wheel. After similar Illus trations of thl.s thought the speaker defined the religious Ideal as the product of sancti fied Imagination , and sanctified Imagination as fnlth considered In Its frco Intellectual expression. There was In the religious Idea n combination of divine Inspiration and an Imago fashioned by the human Intellect. It was In a sense the lot of every human being , with this difference , that Instead of being an experiment at the end of life , as In the case of David , the Plsgah view with the mass stands nt the beginning. To every young man and maiden It Is given to gaze from a height over an enchanted land which they will never enter upon. Youth believes In Its paradise. In the fair morning of life a golden haze suffuses everything , hiding the harsher features of the landscape and clothing things common , and even ugly , with enchanting hues. Is the fairy realm ever possessed ? Youth might seek the answer If It chose In the bowed forms and careworn faces of their ciders , who years before had their day dreams. Uut It does not. Its boundless aspiration Is equalled by , its bound less hopes. The achievements of the best lives do not equal the measure of ardent aspiration , but Goil rewards for aspiration as well as for perfected deed. There are Ideals , the sccrots of whose frustration is to bo found In cursnlvcs. Among the tragedies evcrywlioro enacted around us , there are few more terrible than those contained In the lives of men , poss ts- Ing high religious sensibility , with a deep feeling of the beauty of hollnass , r.nd yet who have allowed their hlghor nature to bo enslaved of vice. We think of Colcrl.lgo , dally charming his friends with the outpcur- Ings of his gifted mind , with fie highest In tellectual endowments , and the Keenont spir itual Instincts , and then dlsappjarlmj for weeks 'to "pursue the lowest forms of debauch. It Is a pitiable company , this , of mm who have maintained their moral sensibility , but have lost their moral balance ; who Iiolt over the realm of the spiritual , with i .s healing streams , its sunlit valleys , Its groupi of pil grims ascending the celestial hill , cnly to recognize that between them an ! It swctps the turbid current of their pasiiloui , ngnln&t which they arc powerless to gtni&sle. And so for various reasons they are relegated to the lumber room , and ( Jed , who 'ocaiii'ts these Ideals -amongst the most jTecU'Us jewels of his earthly treasury , nlono knows the loss sustained his work , as wr-11 as by our own souls. Work Implies an Ideal. How shall the re ligious capacity grow , If the heart cherish no Ideals of faith , unselfish love , and labor , out towards which religious capacity- can stretch Itself ? The moment you c'veup ' your Ideals you cease to feel the necessity for largo sacrifice , heroism , and generous self-forgetting toll. These Ideals move the mind of God. The Ideal of a human soul touches with lasting Impression the unfargcttlng Gcd , and passes Into one of the abiding motive forces of the universe. In the last great day of .light and revelation , when nil the secret springs of the universe shall be uncovered , It shall be seen that the men who were accounted vis ionaries were the men who were directing the largest amount of force upon the life ot the world , and that the very Ideals that earned tor them the reputation ot fanatics were Ideals that God took home to hU own heart , transformed with his own almlght- Incss , nnd put buck upon the earth to be en shrined In the history of all time. There Is a spiritual doctrine of the conver sation of energy. No force can die. We need not weep over the sad memories of disap pointed zeal and arrested service. The force hns all gene Into God's keeping. Wo can trnce It no longer , but fear not. It Is not lost. The value of your ideal can only ba measured against the high spiritual values of the golden future that Is coming to the world. In forming your Ideals never mind how daring they are If the pure love of God and man enters Into the deepest essence. Hav ing once formed them hold them fast. Never turn your back upon them. I am ashamed to hear men sneer at the Ideals ot their youth. Were wo not far better men then , In the days when great and glowing Ideals were nestling In our hearts ? Hell holds high carnival when It can shame us out of our Ideals. Do not be a satirist where ( led Is admirer and set your small cynical sneers at yourself over against his word of appro bation , "Thou didst well that It was In thine heart. " TliliiRH Niuv mill llrppiitcil. It Is generally supposed at times difficult to Introduce something new to the public. This may seem so to most people , but with such a stock of merchandise as Is carried by the UOSTON STORE the result Is too easily obtained. This time. It Is umbrellas. NO TICE EAST SHOW WINDOW display and prices. Every umbrella In our stock offered at a now prlco during this sale. West show window represents n sample line ot our last Invoice of ready made wrap pers , nnd will REPEAT our sale of n few weeks ago , which will bo remembered by all purchasers. This time the assortment Is much larger nnd prlcea lower than ever offered during any of our previous sales. Other show windows display a sample line of our stationery , toilet articles and no tions , among which lire to bo found at nl times the latest and best articles the mar ket affords. FOTHERINGHAM , WHITELAW & CO. . Council Uluffs , la I.alui Muimmt Itnlluuy Tluto Ciinl , Commencing Saturday , Juno 9 , trains wll leave Council llluffs for Grand Plaza , Uath- Ing Reach and Picnic Grounds at Lake Man- nwa as follows : No. 1 , 9 n. in. ; No. 3 , 10 n m , ; No. 5 , 11 a. m.j No. 7 , 12 m. ; No. 9 , 1 p. m. ; No , 11 , 2 p. m. Trains will run every twenty-two minutes thereafter until 10 p. m. Return trains will leave Manawa on the halt houra up to 10:30 : , when they will re turn every twenty-two minutes. My entire' stock of baby carriages , the largest In the city , will bo clotcd out at cost. J. D. Crockwell. After June 12 wo will close out store at 8 o'clock , except Saturdays and Mondays. S. A. Pierce & Co. Krun I.uuiiilry Company. C20 Pearl street. Telephone. 290. Washerwomen use Domestic soap. Chillis'1 l lliu I'rncntni. It has been decided to make a change ; In the tlmo of the High school cadet drill this .afternoon on account of the time of the imer.tl of Mrs. Field , wltj of the president ot the school board. The cmlctn will meet nt the High school building at 12:30 : p. m. and march lo Bayllss park , where the drill vlll tnko place as has already been an- lounccd , at 2:30 : o'clock , Instead of an hour nter. Grnrnl 1'litrn , I-nko .Mmmwn. Grand Plaza will bo open lo free ndmls- Jon every day up to noon. From noon until midnight an admission fee of 10 cents will bo charged , which will admit to grounds nnd to concerts nnd all entertainments. No return checks will bo given. No person of questionable character will ) c permitted to enter the grounds. No admittance to Grand Plaza will bo charged to persons who desire to rent boats or bathing suits. Iqe cream and refreshments served In the lavlllon of Grand Plaza. Wnml. 1,000 cords ot wood for sale. Delivered In carloads only ; also bur oak posts. Ad dress L. E. Williams , Glenwood , In. I have two o' thu choicest lots In Morn- InRildc thnt I will sell for $350 each , cash. E. II. Shcnfe. Wo want everybody to know that Morgan soils paints and drugs , island 742 Droadway. Vldtiiry for tlio Mnroonn. The Merchant Maroons of this city played n game of bnso ball yesterday with the club at Barling , resulting In a victory for the Maroons by u score of 9 to 5. The unpleasant feature of the game was the btcaklng of W. H.-Ilrown's arm by being struck with the ball. Today the Maroons 50 to Defiance and tomorrow to Manning. There's only one bargain shoo store In Council Bluffs , and 'It's Plcrce's. How far will a $ go ? Long ways at S. A. Pierce & Co.'s shoe store. Gas cooking stoves for rent and for sale at Gas Go's office. Mrs. Nlles , m't'r stamping patterns. The laundries use Domestic soap. Domestic soap outlasts cheap soap. STORMY LEGISLATING. They H nil Sonio ( Jny Olil Times In the Colorado I'arllumcnt. "TalV about stormy times In n legislative t)0dy , " said Congressman Lafo Pence lo the Washington Post , "wo have had them In Colorado. Mr. Peter Urccn , a gentleman with n rich Irish brogue , nnd Hon. Michael Costello , also of pronounced Irish antece dents , were both elected to the Colorado legislature. IJrcon was chosen as a repub lican and Costello owed his election to the democrats. They were sworn enemies , nnd everybody who knew them and they were both characters In their way predicted a barrel of fun. Their antipathy was pro nounced and open. They disliked each other with genuine cordiality. The fun began ns soon ns both felt warm In their seats. Whenever Costello was called to the chair Breen would be sure to do something that would Irritate his opponent , nnd when ever Ilreen presided Costello would find occasion to make the other feel exceedingly uncomfortable. Everybody , of course , had an Interest In stimulating their mutual hos tility to the utmost. "One day IJreen was In the chair. Cos tello promptly rose to make a point of order. " 'Tho glntleman will take his seat , ' said the chair. " 'The glntleman will not take his seat , ' answered Mr. Costello. " 'But I say the glntleman U out of order and will sit down , ' exclaimed the chair , with n suggestion of suppressed anger , fingering the gavel nervously. " 'The chair Is out of order In telling mete to sit down whin I am in good parlia mentary standing , and I decline to take my seat , ' called back the irrepressible member in his most defiant tone. " 'I tell you to sit down , ' shouted the chair , with a steely glitter In his eyes , ris ing and playing with his gavel In a men acing manner. " 'I'll not , ' shouted Costello. "Tho chair ripped out nn oath and some thing went whirling through the air with the rapidity of a boomerang. It was the. chairman's gavel , aimed fairly at Costello's head. Ho dodged It and It struck the wall , breaking the plaster. It would have caved In a harder head than Costello's , hard as It was. " 'Now , thin , Mike Coshtellor-wlll you sit down , und behave yourself ? or , by the powers , I'll git down off this platform and break your jaw , ' shouted the chair , amid the wildest confusion , as everybody expected to see human gore bespatter the walls as the next stage of the parliamentary battle. The chairman was livid with rage. His flery eyes were fixed on his opponent , who wns standing erect at his desk. " 'All right , ' said Costello. 'I'll take my scat this time , but I've got a very poor opin ion of your ruling. ' " 'The house will be In order , said Breen , rapping on his desk with his knuckles ; 'tho chair will endivor to maintain the dignity av his position. ' "The Colorado Parliament again settled down to the even tenor of Us way , and Cos tello never again questioned the decision of the chair when occupied by Mr. Breen. HE BARKED TOO SOON. A DOR that llnil Sounded nil Alarm lloforo It A\IIH WlllltOll. A boy was going up Third street with n rope over his shoulder and n dog at the far end of It , says the Detroit Free Press , when a pedestrian halted him and Inquired : "Boy , do you know you're choking that dog ? " "Yes , sir , " was the prompt reply , "but he's hanging back on me. " "He Is evidently afraid of you. " "Yes , sir. " "Doesn't want to go homo with you ? " "No , sir. Ho knows he'll get an awful wallopln' when I get him there. " "It's your dog , Is It ? " "Of course ; owned him over two years. Got away two or three days ago and run off , but I found him on Jones street. Come along here , or I'll pull your head oft ! " "You seem to bo a very heartless boy , " observed the pedestrian as ho stooped down to give the dog a pat. " 'Taint mo , but dad. " "What's your father got against a little Innocent dog llko this ? " "House got aflro the other night nnd he barked nnd woke everybody up too soon. " "How too soon ? " "Too soon fur It to burn up BO wo could git $2,000 Insurance on the furniture. Dad's got It In fur him nnd If you pass this way this afternoon you'll likely ECO a dead dog lyln' on the corner. " Illnn l.odcu OMIoorK. The four Masonic lodges of the city elected officers the past week for the ensuing year. They are as follows : Nebraska No. 1 Oscar Allen , W. M. ; B. F. Thomas , S. W. ; J. D. Howe. J. W. ; J. U. Rcdlfcr , treasurer ; W. C. McLean , secretary. Capital No. 3 John Pray , W. M. ; W. E. Rhodes , S. W. ; E. J. Cornish , J. W. ; Thomas Crelgh , treasurer ; John Ilamford , secretary. Covert No. 11 Rufut S. Parker. W. M.j Wallace E. Gibson , S. W. ; John E. Simpson , J. W. ; M. O. Maul , treasurer ; E , K. Long , secretary. St. John's No. 25 AV. W. Keyscr , W. M. ; A. M. Olcsen , S. W. ; C. W. Baker , J. W. ; William Slevcrs , treasurer ; A. J. Hunt , sec retary. The relief boards ot the various lodges re main practically unchanged. The A. and A. S. R. ot Free Masonry will give a social and literary \intertalnment , con sisting of music , stereoptlcon views and reci tations , at their lodge rooms , Sixteenth ami Capitol avenue , this evening. Invitations have been Issued to the members and their lady friends. After the program a banquet will be served. Mnplu of Kntllxir. In the town ot Ratlbor , province ot Silesia , Prussia , on the left bank ot the Oder river , stands a mapla tree which Is a wonderful combination of naluro and man's patience and Ingenuity. It ls said to bo moru than a century old , and has been turned Into a kind of temple of two stories , each of Its compartments being lighted by elghi windows , and capable of containing twenty couple with eaee. The floors are constructeil of boughs skilfully woven together , of which the leaves make a sort ot natural carpet. The walls are formed of thick leafage , In which Innumerable birds build their nests. i.lfCOVIIT H\T. . i r i Mr .Follon-lnff nrc the"njJHnbl of opinions Imndcd down at the CuU Billing of the su preme court : rr , , Cllobo Publishingcotipdhy against State bank. Urrof from Brflino county. He- versed nnd dismissed , Opinion by Air. Commissioner Itagan. A null pending tof foree n. right or remedy conferred polely.toy statute Is nbntdl liy the unconditional crpoal of ouch statute before judgment rertfltrrtl In such suit. IJonnett against Hnrgus , 1 Neb. , 419 , fol lowed nnd rcnlllrmod. 2 , A penal statute Ifi.nn not by which a forfeiture Is Imposed Wr'TransgrcHsInK the provisions of the act. It may also be remedial In one part nml pennl In another. The effect nnd not the Jfprm of the statute In to bo considered , rintl If Its object Is clearly to Inllict a iiuiilskmont on a party for dolnR what Is prohibited or falling to do what Is commanded to bo done It Is pcnnl In Its chnrniter-J'Ilversey ! against Smith , 103 111. , 378 , followed. 3. When u law prescribed what thu liabil ity of n stockholder In n corpor.illon lo Die creditors thereof shall be ns that the shareholder xhnll be liable for double the amount of his stock , or for a sum equal to the amount of his stock , or for the amount remaining unpaid on hlc stock subsorlptlon such law Is one prescribing Iho llniilllty of a stockholder In a corpora tion dc Jure , na without an express stnlnlo a slockholder In such u corporation would not be liable for any debt of the corpora tion whatever. ' 4 , When mioh n fltnlulo so proscribes nnd fixes the amount for which n stockholder In a corporation phiill be Ilnble It Is In tended to b a limitation upon Hie slock- holder's exemption from liability for the dcbtM of the corporation , which , but for thu law , he would enjoy. 5. When such n statute Is In force nnd persons Organize Uipmnolvon Into a do Juro corporation , such statute Is Incorporated Into and becomes a part of the chnrtcr of Bitch corporation , and the stockholders thereof Implledly assent and agree that their liability for the dehln of the corpora- lion shall he afllxed by pilch a law. < i. Such a statute and the rlKhla of credi tors acquired thereunder are contraclunl In Ihclr nature. 7. Where a stnlule provides thnt until certain things are done by persons forming n corporation such ns the llliiiKof Its articles of Incorporation In Ihn olllce of a mtbllc ofllcer thnt the stockholders of such corporation shall bo liable for the debts thereof , such a statute Is declaratory of Ihe common law. S. Unlll Iho requirements of such n sln- tule have been complied with n do jure cor poration does not exist , nnd the ptopkhold- ers thereof are Jointly and Rcvcrnlly liable for the dcbta conlracted by suoh voluntary unincorporated association of persons , and such -i statute and the rights of rrndltors acquired thereunder nre contractual In Ihelr nature. 9. Where n law commands corpotatlons to do cerlaln acts as to publish annually a notice of their Indebtedness such a law Is addressed lo the stockholders of corpora tions de Jure , and when suoh statute de clares that all the stockholders thereof shall be liable for the debts of the corpora- lion In case It falls to comply with the re quirements of tin1 statute , then the law Is designed na a punishment of the stockhold ers for a violation of the law , nnd Is pennl. 10. Abbott against Omaha Smelting com pany , -I Neb , , 41C : and White against Blum , Id. , roafllrmed ; Howell Ilros. against Rob erts , 23 Neb. , 4S3 : Coy against Jones , 30 Neb. , 70S , overruled. 11. Where persons attempt In good faith to Incorporate themselves into n valid cor- porallon , and such a eorporallon actually enters upon the discharge of corporate functions nnd so continues for n consider able time unchallenged by the state , per sons who contracl with such corporation cannot hold the stockholders thereof Ilnble on such contract because It transpires that by some mistake or oversight the corpora tion had never become a technical de jure corporation. 12. Sec. 13G of chap * xt. , ' General Statutes , 1S73 , repealed April , 1593 , "was penal. 13. The word "ascertained" In sec. 4 , art. II. of the constitution' rm'nus judicially as certained ; and to judicially ascertain the amount due from a corporation to n credi tor thereof menns to ha\'e the finding and judgment or decree Of 'a ' qourt as to such amount. ' 14. The creditors oPh 'do jure corporation have no right ot action against the stock holders thereof unUl .th.ey have reduced their claims against , the corporation to Judgment , nnd until execution Issued upon such Judgment has been returned wholly erIn In part unsatisfied. 15. Such a creditor' } * callse of action does not accrue until the-'retWrn unsatisfied In whole or In part of nh execution Issued on a Judgment rendered 'Irr his 'favor asalnst the corporation for the , eWnorato debt. Urown against Itltntr.'J'J' Krror from Lin coln county. Affirmed. * Opinion by Chief Justice Norval. ' 'K The supreme court unon a petition In error , will not examine the question of the sufficiency of the evidence to support either the findings of a court or the verdict of a jury , unless such question has been first presented to the trial court by a motion for a now trial and a decision obtained thereon. 2. Suoh a motion , except upon the ground of newly discovered evidence , must be filed within three days after the verdict or de cision was rendered , unless the party was unavoidably prevented from making the same time. 3. This court cannot consider enlrles made upon the Irlal docket of the district court for the purpose of ascertaining what was decided In the court below. The approved Journal entry of a judgment Is Indisputable evidence of what that Judgment was. McDonald against Aufdengarten. Error from Keith countv. Iti.versed and re manded. Opinion by Chief Jusllce Nor- vnl. vnl.In In an ncllon by Ihe transferee of n negotiable promissory note properly In dorsed before maturity , the production of the note shows prlma facie that he Is a bona fide bolder , and Is sulllclent to en- Ullo him lo recover. 2. In an action against the maker of a negotiable promissory note by the Indorsee thereof before maturity , proof thnt the note Is tainted with usury shifts to the plaintiff the burden of showing that he Is a bona fide holder for value , without notice. 3. When the defense to a note Is usury evidence thnt the Indorsee knew at the , time of the purchase thnt the payee usually loaned the money at an usurious rate of Interest , while insufficient of Itself to charge the purchaser with notice of the defense. Is compelent to go to the jury as a circumstance to be considered in connec tion with other proven or admitted facts as tending to establish thnt plaintiff took the pnper with notice of Its Inllrmltiea. IJlackwell against Wright , 27 Neb. , 2C9. 4. Every renewal of a note given for n usurious loan pf money Is subject to the de fense of usury between the original parties nnd purchasers , with notice. 5. The evidence considered and held sufn clent to sustain the plea , of usury , nnd that plaintiff WIIH not an innocent purchaser , without notice. 0. Held , Thnt under the pleadings and proof plaintiff wns entlllcd to recover n larger sum lhan wns awarded him by Ihe verdict. Union Pacific Railway company against Cobb. .Error from Dodge county. Afllrmed. Opinion by Commissioner Ryan. As to the existence of negligence sufll clent lo jusllfy or defeat n recovery , the evidence being conflicting , the special find ings of the jury are conclusive. 2. Whether there were such facts shown , as In view of n conflict In the evidence would sustain or dcfenl a recovery , was not within the province of the trial Judge to Instruct the Jury ; his whole duty was discharged as to the existence or absence of negligence when ho Instructed the jury what evidence might be taken Into account In determining the preponderance of the evidence upon this brunch of the case. 3. The requirement thai special findings bo made by Ihe Jury is n matter of discre tion "With the trial court , and the refusal to require a special llmlliiK requested docs not ordinarily afford uir.sufllclenl reason for Ihe reversal of the judgment subsequently rendered. Following -.Atchlson , Topcka & Santa Ke Railway company ugnlnst Law ler. CS N. W. RPP9(3. ( . n1 Olson against Webb. . Error from Dounlns county. Reversed and remanded. Opinion by Commissioner Rngnn. < A land owner mieil , his , tenanl for dam ages for Injuries Inflicted by her on his property during h6r Occupancy thereof. The tenant answered thnt whatever Injury she had done to tin * pit > pirty was by the , direction and permHMoir ! 'if the landowner. To thin bo replied by u Mineral denial. The court Instructed the JurVl "Tho burden of proof Is upon the plaintiff lo make out his case. He must mitlHfy .you by a prepon derance of the evidence that the thlngR complained of were fohq'by | the defendant without authority froin.hlui and the amount of damage done. " tlt il. error , that the defense was nn nflmnntjve one nnd the burden of proof was un.'V1 the defendnnt lo provu U. Williams against Evans , C Neb. , 21fi. followed. V Stephens vs Omaha & Republican Valley Hallway company. Error from Saunders county. Afllrmed. Opinion by Commls Bloner Ragan. Railroads cannot be operated without noise , nnd If lenms nro frightened by Iho usual noise arising from a prudent nnd proper management of a train or engine the railroad company Is not Ilnble for nn Injury resulting > from snld noise ; and whether the noise complained of resulted from a prudent operation of the railroad or UK appliances IB a question to he deter mined from the circumstances and othei evidence In Ihe case. Thnt the noise complained - plained of was unnecessarily made Is not of Itneif evidence that Its making WUH negligence. To be evidence of negligence the nolso must be made under such cir cumstances and Hurroundliiffu as to time , place and situation of the parties an tc show neglect to exercise that deirree of care which a reasonable man would have exorcised tinder the circumstances. O. ft It. V. R. Co. VH llrAdy , 67 N. W. 11. 675 , followed nnd wullrmed. 2. The evidence In thin case examined nnd held to support the findings of the jury thnt the proximate cause of the Injury to plain tiff wan his own negligence nnd not the negligence of the agents ot the defendant In error. Ellison vs Allbrlght. Error from Tlmycr county. Reversed. Opinion by Commis sioner Ryan. AH against strangers thereto a receipt Is Incompetent evidence of thp payment thereby acknowledged , for ns against such Btrnngers such receipt Is but the hear say declaration of the party who signed It , made without opportunity for his cross- examination nnd Independently ot Iho sanction of liln oath. Rea vs. lllshop t nl , Error from Saunders county. AHlrmed. Opinion by Commis sioner Irvine. The plaintiff alleged the payment to a third person of spcclllc sums of money for the benelll and nt the request of the de fendant. The answer made no denial of the allegations of the petition , but pleaded In- snnlly ns a ilnfpn o Hold , that under this slate of the Issues the defendant was re quired to ilrst Introduce lesllmony nnd WAS entitled to the opening and close of the case. 2. The defense of Insanity may be Inter posed to nn action upon a contract without restoring what the Insane person receive * ) thereunder , In cases where the ability doe- not remain of restoring what was received In specie. . 3. Instructions will not bo reviewed un less the record discloses thai exceptions were taken thereto , and where error IH assigned upon the refusal of n group of Instrucllons cnmns. i ! they will be con sidered no further than to ascertain that some one of the group wns properly re fused. Thomas VP Long. Error from Hlalnc county. AHlrmed. Opinion by Justice Post. This case Involves questions of fnct only and Ihe conclusion of Iho trial court being in accordance with the evidence thu Judg ment will not be disturbed. Paxton vs Smith. Error from Dundy county. AHlrmed. Opinion by Justice Post. Where Ihe parlies lo a conlrnct have with a knowledge of Ha lerms given It a particular construction , such construction will generally be adopted by the courls In giving effect lo Ha provisions. 2. A mortgage of personal properly , with possession and power of sale In the mort gagor for his own benefit , Is void ns to his creditors and subsequent purchasers In good faith. 3. A chattel mortgage , where the mort gagor retains posccsslon of the property conveyed Is , under section 11 , chapter 32 , Compiled Statutes , entitled frauds , pre- suinptivply fraudulent as to creditors of the mortgagor nnd subsequent purchasers In good fnlth. 4. In all sut-li capps the burden IS upon the mortgagee , or those claiming through him to overcome the presumption of fraud by proof that the mortgage was execuled In good faith. Weeks vs Wheeler. Error from Merrlcli county. Affrmed. Opinion by Commis sioner Irvine. Where error Is taken from the judg ment of a Justice of the peace to the dis trict court anil the judgment of the justice there alllrmcd , and error is then prosecuted to this court from the judgment of nHlrm- nnce , this court will only consider such assignments of error as were presented lethe the district court. 2. A Judgment will not be reversed un less error nlllrmatlvcly appears from the record. Hale vs Shechan. Error from Gage county. Allirmed. Opinion by Commis sioner Ryan. After the expiration of a term of hiring the law does not so strongly Imply that thereafter continued services were ren dered upon the terms fixed by the contract the term of which had expired , that parol evidence of different terms Is Incompetent. Scroggln vs National Lumber company. Error from Nuckolls county. Allirmed. Opinion by Mr. Commissioner Irvine. Errors alleged to have occurred upon the trial of n case In the district court will not be reviewed here on petition In error un less the record discloses a motion for a new trial in thi ; district court and a ruling thereon. This rule applies as- well to equity cases brought here by petition In error as lo cases at law. 2. Where a tenant ereets buildings upon leased property without authority from tin landlord and the landlord afterwards ack nowledges the expense of erecting such buildings as a proper charge by the tenant against him anil settles with the tenant upon thai basis , such facts constitute a ratification of the tenant's acts and render the landlord's estate subject to n mechan ic's Hen arising out of such improvements. 3. In such case the payment by the land lord to the tenant ot the cost of the Im provement does not defeat the lien , 4. The defense of the statute'of limita tions , If not rained cither by demurrer or answer. Is waived , and when sought to be raised by answer , In order to preserve the defense , thu answer must be good against demurrer. 5. An answer alleging merely that the action was not brought within the time required by law , or until after the Hen had expired by lapse of time , states con clusions merply and is Insulllclcnt. Kecd vs McRIII. Error from Valley county. Allirmed. Opinion by Mr. Com missioner Irvine. In order to stale a cause of action for conversion It Is sufllcient to allege owner ship generally , without stating now such ownership was acquired. 2. Where there Is a contracl belwcen Ihe owner of land and another person whereby such other person is to cultivate the land and harvest Iho hay for a share thereof , but where the relation of landlord and tenant Is not created , and there Is no spe cific agreement ns to the possession of the land , the parlies become tenants In com mon of the grass nnd hay. 3. In such a case If one of the parties 10 such a contract seize the whole crop , cither before or after severance , and dispose of 11 in denial of Ihe other rights , the other may maintain trover for hfs share. 4. The .submission of questions to the jury for special findings Is a matter within the discretion of the trial court , and tne submission or tefusal to submit Hiieh ques tions will not be reviewed , except for abuse of-discretion. Fremont , KIkhorn .1 Missouri Valley Rail way company vs Leslie. Error from Holt county. Reversed and remanded. Opinion by Mr. Commissioner Ragan. The evidence In this case examined and held to support the findings of the Jury that : The Injury sued for herein by the defendant In error was not caused or contributed to by his negligence , but re sulted from the negligence of the employes of the plaintiff in error. 2. The law for a temporary Injury awards damages to the party Injured through tnc. negligence of another , not as a punishment of tin- negligent party , but as compensa tion for the pecuniary loss sustained and the pain nnd sutfcrlng endured by the In jured party. 3. It Is only after the most careful rte- llberat > n that this court will reduce the amount awarded by a jury to a party who has been Injured through the negligence of another ; nnd not then If such award has for its support sulllclent competent evi dence. 4. The amount awarded the defendant In error by the jury In this case held nol supported by the evidence , and a remitter ordered. Qulgley et nl vs JIcEvony. Appeal from Hell county. Allirmed. Opinion by Mr. Jusllce Harrison. The homestead character of real es- lale upon which attachment process has been levied Is not a proper question to be heard nnd determined upon a motion to discharge attachment and should not be Included in the motion as one of the grounds for such discharge and should not bo entertained by the court or Judge If so Included. 2. The defendant In atlachmcnl sull set up In a motion to dissolve an atlachmcnl , as one of Ihe grounds for such motion , u claim of exemption of the attached prop erty ( renl estate ) ns a homestead. The court made a general finding against the motion and overruled It. Held , That It will be presumed that the court deciding the motion only considered anil determined such questions as could properly be In cluded In the motion , and such decision will not bo given the force of a former adjudication In a proceeding by the debtors afterwards , to select thu property as their homestead , by following thu statutory pro vision for making such selection by giving notice to the olllcer who levied the writ upon the premises , nor will H be a bar to such selection proceedings. 3. The parties claiming the premises which were sought to be subjected to tne payment of the debt by attachment IUH a homestead were husband and wife , and the property belonged lo the wife , or the In terest of the defendants ( a life estate ) therein , wns vested In her , and the di-ot upon which the attachment wns Issued .was her Individual debt. She having ascertained the fact of the levy of the at tachment , thu husband being nt thu time In another state , signed a notice nnd had it served upon the sheriff before the saie. Held , That under the facts In Ihe case Special rS/otIcQ3 / ! COUNCIL BLUFFS : QAHUAQS IlEMOVED , CESSPOOLS. VAULTS , chimney * cleuncil. Ed Ilurke , at Taylor * * grocery. IV ) llroadway. PASTURAGE. FIHST-CI.ASS , FOfl OX ) HEAD ; 3 mllca north of town ; good man In charge. L. 1 > . Judion , 9CI HUth avenue , or Xi JlrouJ. way , Council UlufTn. l-'OU BAU5 , 10-ACItE KIIUIT FARM. WELli Improved , cheap. Grvennhleldi , Nicholson & Co. WANTED. GOOD ami , FOR OENEItAL housework , ilrs. Dr. Jeffries , 2M Fletcher ave. thin wns a sulllclent compliance with the requirement * of our statutory provlKlons In regard to celcrllon of homestead from renl estate upon which a writ had been levied. 4. Where the debtor taken the necpxsnry Initiative ptpps after the writ In levied upon bin or her property and makes a se lection from the property within the limit ns tp quaintly allowed by the statute , any excess the property celccted may have In value above the limit allowed by the law regarding the- value docs not make any other proceedings necessary on the jmrt of the debtor. It ihen becomes the duty of the creditor to make application , as pro vided by law , for appraisal of the prem ises , and no valid Bale of the premises levied upon Can be made by the sheriff until the creditor has procured Iho ap praisal lo be made ns provided by statute. G. Two things must concur to show nn abandonment of a homestead , viz : An Intent to abandon , nnd actual abandon ment. Eckmnn v Hcotl , 31 Neb. S17. 6. This court will not disturb a 11 ml I UK of fact , unless It Is clearly wrong , or clearly ngalnst Ihe weight of the evidence upon which H Is bnsed ; nnd this Is the rule In capes tried by the court nnd In equity cases. T. The evidence hold sufllclcnt to sup port the finding and decree uf Ihe court. Knyul Arniiium 1'lcnlc. The Arcanum I'.ilcnlc committee of Union Pacific council , set forth the result ot their labors In the following strain : II has been decided by Union Pacific council , No. 1.009 , Royal Arc.mum , to hold their annual picnic nnd celebration of Arcanum day at Cnlhoiin , Neb. , Saturday , Juno 23. The grove where the .picnic Is to be held Is large nnd com pletely shaded , fully enclosed nnd equipped with InrRO pavilion for danp'.ng , tables , scats and every convenience desired to In sure every one a plensalit lime. The com- mlllee has nrrangeil for Ihe exclusive use of Ihe grove , which Is situated one block from Iho railroad station. A scries of games and out-door sports for ladles , gentlemen and children for prizes has been arranged for. A first class orchestra will be In attendance. A caterer has been secured to prepare lunch and serve refreshments to all free of charge , thus obvlallng the necessity of carrying baskets. A special train will leave Webster street depot at 1:30 : p. m. sharp , arriving nt Ihe grounds nt 2 o'clock , returning between 9 and 10 p. m. Persons so desiring can return - turn on Iraln leaving C'allioun nt 7:10 : p. m. Tickets will ba furnished to all members ot Ihe council , Ihelr wives and their children free. Members are allowed and requested to Invite their friends. Tickets for the trip can be secured from flic committee on trans portation. The committee on transportation comprises : J. E. Preston , 1 < \ L. Gregory and A. E. Hutchlnson. I'ytlilnn .Meinnrliil Dny. Yesterday , the second Sunday In June , was memorial day with the order of the Knights of Pythias a day sot apart by Iho supreme lodge for Ihe observance of appropriate cere monies In memory of deceased knlghls. The most beautiful and bcfltllng ceremony Is lho decorating of the graves with ( lowers and appropriate emblems. It has been prac ticed In Ibis city for years and was repeated yesterday. Committees were appointed by the different lodges , and proceeded lo the different cemejerlcs nnd decorated the craves of all knlRhls with flowers. Appropriate memorial servlcss will be held in Pythian hall , northwest corner of Four- tecnth and Dodge slreels , next Tuesday even ing , under the auspices of Triune loJgo , No. 50. These services will be public nnd nil knights nnd their friends are cordially In vited. Sit Up Straight. Why should the man who rides the bi cycle for his health and recreation In the country submit to having his back bowed and his chest buckled up llko a frightened hunchback ? The reason , according to the New York Sun , Is that the fashion Is to malto all machines In racing form. There should bo a grand division In bicycles , on the principle in which yachts in England are divided Into cruisers and racers , one for pleasure and the other for business. Raise the handles of the cruising bicycles , If necessary bring Ihe pedals forward , and sit up straight , and you will surely look pleasant. CARBINE ( HAMMOND. ) 1 The Kxtrnct of the Heart of the Ox. I'ropuuul norordltiK tn tlio fnnntllu of DR. WM. A. HAMMODD , In hi * laliorutory tit \VA.SIHMITO.V , I ) . ( ' . "In tlio onuo of n rrumlnrnt iihyilc'nn ' of tn- "dlnnn.thc lionrt I'cnt w < t feeble Ami Irrrpi- "Inr. ntiil Intro wnn n ruiiMnnt vcrllico whlln " ( vnlkliifr , or even wlillo In a Mnmllnff po l- "lion. In llils run * the it-lift wrm munll/ "promt , Ho rrmnltuMimVr my rare only "throo ilny * . l > oliiR miinmniiiM 1111111" by tele- "crnm liy ulckncw In hi * fnmllr. nfter nmklnff "nrrmiRcmfnts lo procure a nufllclrnry of Cnr- " < llnn for home "HImul I nilvlrnl him tn con * "tlnue It for nt I ist n month. Hi nrrlvo-1 horns "bcfuro HIP t'nrillr.o roni'linl him. nml fcollnit the "nccil nf It , ho nt pno tcleKniphOil for It to "tc * cnt to him n won n i is < llic. | lie Informal "mo Hint ( lu > cffrct iitxm him WIM o tlrclilfil "Hint , wticrcn * , farinpily lie \\a lonlh to walk "oven n few utrpn for fear nf bolni ? nverpow- "rrcil by iltmlnciui , n Rlimln Injpcllon cnablM him "to walk IIH niucli ns ho plenndl for four or "l\vc \ lioum nflrr nril . " Iii r , I'lHllrnin. . I'rlro ( ' 1 ltr.ltnn ) , 83.HO. Wlii'rc local i1iiiKKtt-i nro not ciipl'Iled with HIP llnmmonil Animal Kxtr.ii'ts they will l > nmllrtl tOKottipr with nil cxlitlni ? lltcrnturo on the subject , on ri'cvIM of price , by TIIIcjdi.tntiiiA < III.MH : AI.CO. , \ViiKlilliKtoili ! . ( . ' . Co. , riRt'iits for Onmlin. SEARLES & SEARLES SPECIALISTS Chronic , Nervous , Private AND Special Diseases. mATMtHT BY MAILCQHSULATIQN FIUE Wo euro Ctrnrrh , All Dlsonsoi of lho Nose , Throat , Choot. Stomnoh , Uivcr , Blootl , Skin nnd KHnoy Ola- onsos , Fo'iinlo Wonknossoo , Loat mnnhootl AND ALL PRIVATE DIS EASES OF Nl EN REMOVED TO M1G FARNAM STREET. Call on or Address , Dr. Searles & Searles MIO FAIINAMST . , OMA.IIA , Nidi. GEO. P. SANFOaO , A. W. RICXMAM , President. Cashlor. of COUNCIL BLUFFS , Iowa. Capital , $100,000 Profits , 12,000 Ono of thoolilCMt banks 111 the utatoof Iowa Wo solicit your business mrl collection ! . Wo pays per wiiton thin-deposits. We will 1 J plu.ieU to hco and sui-vo you. ( J'JiOKI.Y AND 1'KUMANKSTI.Y cure * ; ut KIT * oua Debility , LosQ Vitality , VurK-ucoie , Afroplir , l'li ; lL- l Wcal.iiri > . etc. , by JJji It AIM ) , tin. . in cat Hindoo llcinrilr. \Vrltlen iriiuriiiilco ofcurc. Sou by Kuhli * Co. . Cor. IMIi A : | ) oiiBln liSt . , and J. At 1'ulli.T.t Co. , Cor. tub .CHouclnBsbti.OMAHA. I Attornoyn-.it-lnw Pram i UCD In lliu Attito a u it fuilcml cmii-l" . "HO'OIIIH aoU-7-8-0 , SlUlgard bloclc , Council KludM. In Castoria is Dr. Samuel Pitcher's prescription for Infanta and Children. It contains neither Opium , Morphine nor other Narcotic substance. It is u harmless substitute for Paregoric , Drops , Soothing Syrups , and Castor Oil. It is Pleasant. Its guarantee is thirty years' use by Millions of Mothers. Castorla destroys "Worms and allays feverlshness. Castoria prevents vomiting Sour Curd , cures Diarrhroa and Wind Colic. Castoria relieves tccthlhg troubles , cures constipation and flatulency. Castoria assimilates the food , regulates the stomach nnd bowels , giving healthy and natural sleep. Cas toria is the Children's Panacea the mother's Friend. Castoria. "Castoria Is on excellentmcdlclno for chil dren , Jlothcre have ropcatvdiy told mo of its good effect upon their children. " DH. Q. C. Osaoon , Lowell , Mass. " Castoria U the best remedy for children of Which I am acquainted. I hope tlio day Is r.ot far distant when mothers will consider the real Interest of their children , and use Castorln In stead cf the various quack nostrumswhlch are destroying their loved ones , byforclns opium , morphine , soothing syrup and other hurtful agents down their throats , thereby sending them to premature graves. " lu. J , F. KiNcncLOE , Comvay , Art. Castoria1 " Castoria Is BO well adapted to children that I recommend It as superior to any prescription known to me. " IT , A. Ancimn , M. D. , Ill So. Oxford St. , Brooklyn , N. Y. " Our physicians In the children's deport ment have spoken highly of their experi ence In their outside practice with Castoria , and although wo only have amonjj our medical supplies what Is known as regular products , yet wo are frco to confess S ; the merits of Castoria has WOK " * * a look with favor upon It. " UNITED IIosriTii. iru PipngNiunr , Boston. Mass. Aura C. SMITH , The Contanr Company , TT Murray Street , Now York City. Empkie-Shugart & Co. , JOBBBRS IN SHELF AND HEAVY HARDWARE AND FIELD SEEDS BICYCLES A full line of medium and high grada wheels * Send for catalogue. 109 , 111,113 , 115 Main Street.Council Bluffs , ja. COUNCIL BLUFFS STEAM DYE WORK All kinds of fyelnj ondUlo mlnj dorm In the hUlioit style ot the uru Kulol unj stulnud fubrloi nmdo to looU in goo.i ai now. Worn promptly donu anl dollvaral In nil parts ot tbs country. tiouJ fur prluo llit. A. Proprietor. Uroadway , no.ir North yrmorii Do pot. Tel houo s ? .
