TITE OMAHA DAILY BEI > , APRITj 20 , 1895.
TIIE OMAHA DAILY
I ' * COUNCIL BLUFFS.
OFFICE , - - NO. 12 rnAnb STREET
Delivered by carrier to any tort ot the clly.
H , W , TILTON. Lessee.
TELnPHONES Duilncii once. No. 41 ; night
41tor , No. M.
* . . *
Grand , Council Bluffs. E. F. Clark , prop.
Mayno Heal Estate agency , G39 Broadway.
Judge Smith has Issued nn order reducing
the assessment of the Citizens State bank
from $ IG.r,00 to $11,365.
Bluffs division , Uniform Kank Knights
ot Pythias , will not hold a meeting tonight.
13y order of llio captain.
A marriage license was Issued yesterday
to William Lewis , aged 22. and Blanch
Hint , aged 10 , both of Council Bluffs.
Harry West was arrested last evening on
a charge ot disturbing the peace. The war
rant was Issued from ono of the Justices'
oftlces.
A. C. Graham states that there never was
BO good a prospect for a big fruit crop as
now , particularly of apples. If the present
favorable weather continues Rood times In
this line of business are sura to set In.
Charles Jntnes , a 4-year-old son of Mr
nnd Mrs. Gravlllo James , died of croup last
Tuesday and was burled Wednesday , the
funeral services being conducted by Hev.
A. Ovcrton at the home of the parents , 1102
South Sixth.
An alarm of flre was sent In yesterday
noon from the corner of Twenty-third strce *
and Broadway. A family named Smith were
trying to rid the hiuse of vermin by means
of gasoline and an explosion ensued , whlclf
did but little damage.
David Lavduro and James Casey , two
stock herders , became too promiscuous In
their attentions to ono of their friends , who
swore out a warrant for their arrest on the
charge of assault and battery. Judge McGe
was convinced that they -.vero Joking and
discharged thorn.
The Spqoner Comedy company filled
nearly every scat In Dohany's last evening ,
and the performance of "Eccles * Girls" was
ono of the most finished of the week's en
gagement. There will bo a matlneo per
formance this afternoon of "Llttlo Lord
Kauntloroy , " nnd this evening "Undo Josh
"Whltcomb" will bo presented.
St. Paul's guild opened up Its social sea
son last evening with a "library party" In
Chambers' hall. The girls were costumed
to represent certain well known books , and
the young men wcro not sure what book
they were perusing until late In the evenIng -
Ing , when the masks were removed at a
signal. Refreshments were served.
Andrew Jackson , William Maloncy's pet
alligator , awoke from an all winter's sleep
yesterday and ate a large chunk of calf's
liver , raw. This Is his first meal since last
September , when he dined off the thumb
of a colored man named Johnson and Imme
diately sank into a slumber , from which all
efforts to reuse him were fruitless.
In the case of L. P. Judson against S. 0.
Hutchlnson the defendant has filed a mo
tion for a change of venue , alleging prejudice
on the part of Justice Cook , lie makes the
same sort ot an allegation against Justices
VIen and Walker of Kane township , John
Nlpps of Lewis and A. F. Clatterbuck and
J. P. Anderson of Garner. The question that
la now agitating Justice Cook Is , who will
suit Mr. Hutchlnson.
The public rlictorlcals at the High school
yesterday afternoon vvcro attended by a
largo number of the friends of the young
people. The cxcrclsea Included orations by
Minnie Kvers , IJssIo Anderson , George
Fletcher , Klla Wlrt , George Gavin , Cora
Smith and Zula Llpe , recitations by Nellie
Lutz , Gertie Baxter , Maud Bell , Sylvia
Sn > derand IMIth Thomas ; a paper by Grace
I'ullon and Ellen Aylesworth , and music by
the mandolin and guitar club , Grace Bnrr ,
Charles Havcrstock and Tom Askln , a boys'
chorus and a Tyrolese chorus.
Two desirable cottages fdr rent. Plenty of
money for farm loans. Fire Insurance. Money
loaned for local Investors on best of security.
Special bargains In real estate. Lougee &
Towle , 235 Pearl street.
Sheriff Job Card of Cass county was In
the city yesterday.
Born , to Mr. and Mrs. E. G. Taylor on
Stutsman street , a daughter.
Mlsa Nannie Hardln has gone to Gretnn
for a visit over Sunday with relatives.
'Mrs. ' W. F. Vic Roy leaves today for Den
ver to visit friends there for ten days or so.
E. H , Odell Is expected home today from
a visit to Stamford , N. Y. , where he went
to attend his father's funeral.
Mr. and Mrs. Bell of Minneapolis la
spending a few days with her slater , Mrs ,
J. B. Harkncss , on their return home from
California.
W. H. Robb , editor of the Creston Amerl'
can , who has been In the city for some
time , acting as petit Juror , left last evening
for his home.
N. P. Dodge and W. W. Wallace returnee
yesterday from Tabor , where they went t (
attend a meeting of the board of trustee :
of Tabor college.
Mrs. S. S. Whiting and son of Llncolt
are visiting her sister , Mrs. W. S. Cass , foi
a few days , at 1017 Third avenue. Mrs
James Banner of Omaha Is also visiting Mrs
Cass.
John P. Organ Is still In the hospital Ir
Chicago , where he has been for severa
months. Ho Is still very weak , and hli
wife , who Is with him , has to do all hit
letter writing.
Prof. II. W. Sawyer left yesterday foi
Sioux City to attend the meeting ot thi
Northwestern Iowa Teachers association. A
gentleman who was In the city yesterdaj
states that thcro are about 300 teachers li
attendance.
Drs. Macrae , sr. and Jr. , J. C. Robertson
V. L. Treynor , J. C. Waterman and F. S
Thomas returned yesterday from Creston
where they have been attending the meet
Ing of the State Medical society , of whlcl
Dr. Thomas was elected flrst vice president
They pronounce It the most Interesting meet
Ing ever held In the state. The mcetlni
next year will bo held at Des Molnes. Tin
Omaha and Council Bluffs physicians havi
united In a scheme to have Council Bluffi
selected as the place of meeting two yean
from now , and If It carries things will be s <
arranged that whllo the Nebraska assocla
tlon Is meeting In Omaha , the Iowa assocla
Ing will be held In this city.
K. \Ullluiiion
Carries the largest stock of high grade blcy
cles of any dealer In the west. Also has thi
best equipped repair shop In the west. 101
Bouth Main street ; telephone. 202.
The Inturnuco ( iusollno Move ,
Introduced by P. C. Do Vol In 1891 , one
sold by him this season. Absolutely safe
Cdn't explode. No danger. Bo sure you go
the "Insurance. "
P. C. DC VOL , 604 Broadway.
NEWS FROM COUNCIL BLUFFS
Jootl Government Olub Makes Some Start
ling Discloiurea Concerning the City ,
LIMIT OF INDIBTEDNLSS FAR EXCEEDED
OnUtnndlnR OMIgntlotM Atom Than Half a
Million llrjonil Ilia Clt } ' l.eCnl ItlRlit
Some Problem * Hint .Mutt Ita
Vncotl by Tnxpiiycrs.
The Good Government club held Us semi
monthly meeting last evening In the su
perior court room. At the last meeting
the- committee on retrenchment and reform
was given Instructions to make scina Inves
tigations Into the present financial condi
tion of the city and Us ways of doing busi
ness , nnd to suggest means whereby the
cost of running the city could be reduced.
Its report was read last evening by James
McCabc.
The bonded Indebtedness amounted to
$031,000 , to which was to bo added $130.000 of
general fund warrants , $45,009 of water fund
and $10,000 of unpaid Judgments , making
the grand total of the city's liabilities $822-
000. The law provides that no municipality
shall become Indebted In a turn to exceed
5 r > 2r cent of Ita assessed valuation of
property. The last assc sor's books show
a property valuation of $5,593,513 , which ,
according to law , would authorize an In
debtedness of $280,000. It Is evident from
this that a largo portion of the Indebted
ness of the city has been contracted with
out any legal right or ability to pay , and If
the rulings of the supreme court should be
followed to the letter the city would find
Itself In a very bad condition.
There are now outstanding general fund
warrants to the amount ot $130,000. In
1892-3 the general fund received $53,123 and
the police fund turned In $50,000 , making a
total of receipts of $103,123. In 1893-1 the
receipts were $53,761 and the police fund
turned In $445C , a total of $08,517 In
1894-5 the receipts were $51,841 and the
police fund turned In $34,023 , a total of
$85,805 In no recent year have the re
ceipts been sufficient In this fund to draw
$130,000. The warrants have bean Issued
without any thought , apparently , of whether
the city was going to bo able to pay. Its
Income was not considered In deciding upon
the amount of Its expenditures The assess
ment this year Is about $1,000.000 less than
last year , and the collections will be smaller
by a corresponding amount.
The report went on to call attention to
the provisions of the cede for a 10-mlll levy
for Incidental expenses , and the scheme
adopted to Increase the outlay In this di
rection , that of allowing the holders of
vvarrants to sue the city and collect out
of the judgment fund , which was never In
tended for this purpose , but only to enable
the city to pay damages for unforseen ac
cidents and the like
The cede provides that water rentals shall
bo paid out of a levy of not more than 5
mills When the water works system now
In use was put In the city neglected to
make this levy , and warrants to the amount
of $30.000 had to bo Issued. The contract
with the water company , the most ex
orbitant ever made by any city In the land ,
had recwlred the entire 5-mlll levy to pay
the rentals , so that the original debt of
$30,000 has been Increased steadily year
after year at the rate of fi per cent per
annum March 1 , 1893 , the unpaid warrants
In this fund amounted to $43,048 , In 1894
to $43,131 and In 1895 to $15,071.
The plan suggested of putting the city
funds In the hands of the highest responsi
ble bidder might not bo feasible. Mr. McCabe -
Cabe said , on account of the lack of legal
authority to do so , but ho suggested that
the city should buy up Its own warrants
with the money In the sinking fund , thus
cutting off. the Interest en these warrants
Judge James suggested that as the war
rants draw only C per cent per annum ,
whllo the special assessment bonds draw S
the best Investment for the city would b (
the bonds , which were payable year aftci
year.
The club accepted the Invitation of tin
secretary of the National Municipal leagui
to become a member of the league. Th <
next meeting will bo held May 3.
The best always wins. That explains th
highest awards to Dr. Price's Baking Pow
tier at Chicago and California Mldwinte
fairs.
T11Y1NQ THIS GltllVTOLD 1 INK. VAE
Men VMio Illovr the \uult Open and Stol
the S til in pi Ituforo the .lor jr.
Some time was spent yesterday In select
Ing the Jurors to try the case of the bnltei
States against Wilson and Smith , the Urls
weld bank robbers. The follow me Jiiror :
were selected : James Esslngtnn of Dray
ton , James K. Deal of Logan , P. M. IInd
man of Bedford , K. A. Holes and M. H
H11 IT ot Missouri Valley , Oeorje K Run
nells of Karllng , William Arbucklo cf \11
llsca , Charles McDowell of Clirlu.la , J. 1 !
Qerhardt of Extra , Joseph UUuar of Torn
Ing , Scott John of Gravity , Philip Schlnrn
berger of Denison.
A number of witnesses were introduce *
during the afternoon to prove the Iden'it ;
of the two men In custody with those wh
broke Into the bank. Several liverymen tel
of the hiring of a livery team at Atlantl
on the night of the robbery , February 24
by three men , one of whom was ilescrinad a
Itlley , the missing man. Several mor
passed the rig on the road to Griswold tha
night and saw three or four men , they wer
not sure which , In the buggy. The pro
prletor of the hotel where they stoppei
described the three men fully. The tlcke
agent said ho sold three tickets to Councl
I ) I lifts on the following morning and sal
Smith , the wounded man , bought them. Ill
statement was substantiated by other wli
nesses , and Wilson , the other defendant , wa
also recognized.
Both the accused are now wearing heav :
black beards for the purpose of makln
Identlllcatlon more dlfllcult. A strong chali
ot evidence has been secured , however , ani
It Is extremely doubtful If their dcdge work ;
Will Move for a Isew Trial.
A motion for a new trial will be filed I
the United States court today by the attorney
for A. A. Edglngton. This Is merely prelim
Inary to to an appeal to the supreme court
It has leaked out during the last day or tw
that one of the Jurors who was of a specula
live turn ot mind undertook to earn a della
or two on the side by trading off the secret
ot the jury room for cash , In spite of a :
agreement that had been entered Into by th
several jurors to keep "mum" on the subjec
ot what took place behind the closed iloort
He happened to run across a man who though
the knowledge of how the various balloting *
resulted was worth $2 and offered to sell It
to him for that figure. The offer was ac
cepted and now the other jurors are wonderIng -
Ing how It got out.
DltHSS GOODS-SILKS.
llotton ( Store.
30 pieces all wool French serges , worth 39c ,
on sale Monday at 25c a yard.
All wool French challlcs , new styles and
patterns , at 39c a yard.
38-ln. all wool suitings , In checks , plaids
and mixtures , worth BOc , on sale at 39c a
yard.
yard.Fancy figured nuns' veilings , In light col
ors and tints , at 45c , worth G2 4c.
BLACK DHESS GOODS.
All wool Trench serge , 25e a jard.
A regular 50c quality fine serge at 35c a
yard.
yard.We have Just received another lot of our
4G-ln. Trench serges , which have been so
popular at 7Gc a > ard , our price now SOc.
Silk and wool crepons , beautiful effects , at
$1.00 and $1.39 a yard.
New lot of fancy black goods at $1.00 and
$1.25 a yard.
snn VALUES OFFEUED IN LADIES'
AND CHILDREN'S UNDEHWEAIl.
Big lot of men's and boys' sweaters at 23c ,
33c and 50c.
75c quality gents' lisle undcarwcar at 50c.
See our line of ladles' lisle vests at 25c.
FOWLEH , DICK & WALKER.
Council Bluffs , la.
Nntlon tii thn I'lilillo.
I regret that my son Trunk has on several
occasions obtained money and goods upon
checks , notes and orders bearing my name ,
and that cf other members of my family ,
11 of which have been fraudulent. I there-
ore request that no ono accept from him any
check , note or order bearing my name
or that of any of my family.
MIIS. M. D. HA11DIN ,
COUNCIL BLUFFS , April 18 , 1895.
All kinds of plants and flowers. J. H. Me-
? herson , green houses 1250 E. Pierce st ,
Telephone 244 , night or day.
Another lot of llojs' and children's overalls
ust received. METCALF BU03.
IKNT UN KlsoINO A 1.1. Till ; (1IIU.S.
Jutlcs of n Mnti Who .M\lies : It Unplcnsnnt
fur Women After Dark.
For about a week past a man who , for
vant of a better name , Is known as "Jacl :
ho Kisser" has been getting a good deal of
amusement out of the fair ones of Council
Huffs without much cost to himself. On
Jorth Second street a few nights ago a
ervant girl was on her way homo when she
vas overtaken by a man who grabbed her
about the waist , cautioning her to keep quiet.
\fter holding her In his arms for a moment
ind looking soulfully down Into her eyes
le Imprinted a kiss on her lips and flew as
{ the devil was after him.
The following evening a similar occurcnce
: ook place on South Sixth street near Seventh
ivenuo , excepting that the victim of Jack's
osculatory desires was a young lady well
< nown In social circles. She forgot to scream
until about five minutes after the thing hap
pened , when she struck her own door step ,
and then she let out a scream that shook the
lelghborhood. By Thursday evening the mar
had gotten up to East Pierce street nnd
attempted to take hold of a young lady
cleric as she was going home from work. She
divined his Intentions , however , and ran down
street so fast that Jack was unable to catch
up with her. She waited fop a car and thus
cheated her tormentor out of his little lux
ury As long as Jack remains In the city
t will not be difficult for any woman to get
tlssed.
Dr. Price's Baking Powder Is alwa > s i\e- \
slrous of entering your home , sure that trla
will make It a life long tenant.
( ebb Ml n Herd.
Jake Shoup , the new poundmaster , to starl
his year's work with a boom took up flfteei
cows that were found herding two blocki
west of the Northwestern depot and they ar <
now In the pound awaiting a call from theli
owners. The place where they were found I :
within the proscribed district. Colonel Shou ]
expected to flnd the herd In charge of a mai
and took along with him a large rope will
which to tie him In case he made any resist
anco. Two boys were In charge who were to
small to tie , so that the doughty poundmaste
took his rope back with him in as good con
ditlon aa when he started out.
' HltUS.
Torclns Down Die 1'rlcca.
If you need carpets , curtains , matting o
rugs come to us. We guarantee to save yo
money. 250 rolls China and Jap matting a
12 0 , 15c , 20c and 25o yard. 45c line
warp Jap matting , 29c yard. 1,000 curtal
shades , complete , 15c each. $600 quallt
Irish point lace curtains , $3.GG pair.
$10.00 Brussel net lace curtains , $5.98 pall
$400 embroidered Swiss curtains , $2.E
pair.
$5 00 Point Do Spray ruffle edge curtain :
$3 60 pair.
Standard fancy dress prints , 3 > , fcc yard.
5c American light shirting prints , 31/ .
yard.
Our COc summer corset , 37c pair.
Special bargains In dress goods and silk !
See our goods and compare prices befor
buying. BENNISON BROS.
Best Roman gold for china painting , 4
cents , at Chapman's new art store , 17 Mai
street.
Gas cooking stoves for rent and for sal
C. B. Gas company.
Another lot ot Boys' and children's overall
just received. METCALF BROS.
Hay for salt , by the ton or carload. W. A
Wood. 520 Main street.
Yes , the Eagle laundry Is "that goo
laundry , " and Is located at 724 Broadwaj
If In doubt about this try It and be convlncec
Don't forget name and number. Tel. 157.
Miss M. E. Keen , stenographer , 10G Sout
Main.
Evans' Laundry Co. , 520 Pearl ; tel. 29C
shirts , collars , cuffs , fine work a specialty.
Garden hose , big stock , good and cheai
New York Plumbing Co.
Another lot of Boys' and children's overal
just received. METCALF BROS.
Dr. Laugel , offlco 410 6th ave. ; tel. ISO.
Davis , diug , paint , glass uan. 200 IT way.
\Vrnt to South Africa Without Know-In I
FORT WAYNE , Ind. , April 19.Thn
months ago Daniel W. Souder , ex-county clet
ot Allan county , mysteriously disappears
Slnco then nothing has been heard from hli
until last night , when a letter was receive
by his wife from him , dated Cape Towi
South Africa. In this letter Souder says h
mind was a total blank until far out on tl
ocean , when ho recovered his senses. li
says ho will return by the flrst steame
which will probably be In thirty days.
W
I find the ROYAL BAKING POWDER superior to all the others in every
respect. It is purest and strongest.
WALTER S. HAINES , M. D.
Consulting Chemist , Chicago Board of Health.
ICtiubjrl ) I'lo.
One and one-half bunches rhubarb , one
and ono-half cupfuls sugar. Cut fruit In
email pieces after stripping off skin , cook
It very fast In shallow stewpan , with sugar.
Line pie plato with the paste ; wet rim ; add
rhubarb , cold ; lay three bars paste across ,
fastening ends ; lay three more across , form
ing diamond-shaped spaces ; lay round a rim ,
wash over with egs , and bake In quick oven
fifteen minutes.
I'lnlii llollfMl tutt.ml.
One quart ot milk , eight eggs , peel of one
large lemon , one-quarter pound of loaf sugar.
Tour milk Into clean saucepan with peel of
lemon , set at ptde of Ore 20 minutes , when
en point of boiling strain Into basin to cool ;
then itlr la powdered sugar and well beaten
eggs ; again strain It Into a pitcher , which
place In deep saucepan of boiling water , .and
stir one way until It thickens ; then pour Into
glass dish or custard sups.
Cliocolnto < uitnrclf.
Pour two tablespoonfuls of boiling water
over two ounces of grated chocolate ; let It
stand near the fire until perfectly dissolved.
Put Into pint of milk mixed with pint of
cream , pinch of talt , and three ounces of
sugar , simmer over fire ten minutes ; then add
by degrees yelks of eight well-beaten eggs ,
and stir to a froth while It thickens ; then
pour out to cool.
To Preserve StravTberrleo.
To one pound strawberries , after they have
been picked ovtr , add one pound clean sugar ;
put them In preserving kettle , over slow fir
until sugar U melted , then boll them pr
cleely twenty-flve minutes fast as posslbl
have Jar ready and put fruit In boiling ho
Jar should be heated before hot fruit
poured Into It , otherwise It will brva
Cover and seal Jars Immediately ; set In a co
place.
Directions for rrnicrvln ? I'rulU
Preserves should ba kept carefully fro
air , In a very dry place ; If they stand
warm place they will mould . They shou
be looked at two or three times In first tv
months , that they may be gently boiled aga
If not likely to keep. U Is supposed 1
sometlmt cheap sugar will do for preserve
this Is a mistaken Idea ; the very bes.t tug
should be used ; If cheap sugar is used ,
should bo cleansed and skum all taken off.
WAS AGAINST Tllli 4fAILROAI )
Decision by Judge Ambroic m'tho Eleventh
Street Viaduct Matter.
MANDAMUS ASKED BY CITY * WILL ISSUc
liurllnctnn Mint Ilcnr Its Slinro at Itopnlr
CoMi rrnturcn of tlm Opinion Cuso
Will Ho Taken to the bu
ll rein u Court.
Tha decision In the Eleventh street via
duct case was handed down by Judge Am
brose yesterday. The decision sets at
rest , EO far as the lower court Is concerned ,
the question of the liability ot the railroads
for repairs upon not only this particular
viaduct but numerous viaducts lu Omaha
already built or which may hereafter bo
constructed.
The decision was favorable to the city and
permits the mandamus to Issue , compelling
the Chicago , Burlington & Quincy Railroad
company to pay one-third of the cost of mak
ing the repairs upon the fast rotting struc
ture known as the Eleventh street viaduct.
No contest was made by the company as to
the bad condition of the structure. It Is
conceded that It has been In too dangerous
a condition since 1S93 to allow any heavy
travel to pass over. But the Union Pacific
company had agreed to pay two-thirds of the
cost of the maintenance at the time of the
construction of the viaduct , and the Burling
ton road one-third. The Burlington has ono
track underneath , and the Union Pacific
and Its lessees twenty-one tracks. ( Jn account
ot this { act the court makes a reservation
In the decision , reserving the question of the
equities In the case for future determina
tion.
tion."This
"This Is an application , " said the court ,
"for the Issuance for a peremptory writ of
mandamus to compel the respondent to re
pair the south ono-thlrd of thu viaduct on
Eleventh street , between Mason and Jack-
ton "It Is claimed by the relater that under
nnd by virtue of the terms of section IS of
the act of the legislature of 1893 , relating to
metropolitan cities , it Is within the
power of such cities to compel railroad cor
porations , like the respondent , to repair such
viaducts So much of said section as Is
relevant is as follows :
" 'The major and council shall have the
power to require any railway company or
companies owning or operating any railway
track or tracks upon or across any public
street or streets of the city , to erect , con
struct , re-construct , complete and keep lu
repair any viaduct or viaducts upon or along
such street or streets , and over or under
such track or tracks , Including the approaches
preaches to such viaduct or viaducts , as maybe
bo deemed and declared by the mayor and
city council neces ary fdY the safety and
protection of the public. "
HOW IT WAS.BUILT. . .
"Under the power thus granted , the proper
city authorities In December. 1893 , declared
by proper and appropriate legislation , the
necessity for requiring this viaduct to bo re
paired In order to protect the safety of the
public No contention Is here made as to the
regularity of such proceedings.
"In March , 1883 , an act tu provide for via
ducts , bridges and tunnels In certain cases
In cities of the first class , such as then
Omaha was , provided that the mayor and
city council of such city sHouId have the
power , under certain circumstances , to en
gage and aid In the construction of any via
duct by contract and aRreemcnt with rail
road companies.
"This act was Mmpty permissive ; thcro
was nothing mandatory about It. Under the
powers thus granted , .February , 1886. the ,
clly of Omaha , the Union ; Pacific Hallway
company and the Omamt & Southwestern
Railroad company , entered into a contract
for the erection ot the Eleventh street via
duct.
"It Is unnecessary at this time to enter
Into a full understanding ot what the terms
cf that contract were , except to say that by
the terms of the contract thus voluntarily
made between these three parties It was
provided that the railroad companies should
pay three-fifths of the cost of the construc
tion and the damages to abutting property
own-rs. and the city two-filths ; and In the
apportionment between the two railroad com
panies this respondent company was to pay
one-third and the Union Pacific Railway com
pany two-thirds of the three-fifths. Under
this contract the viaduct was built and has
become fully executed.
"In 1887 an act was pissed allowing cities
to require railroads to erect and keep In re
pair viaducts , limiting their length to $00
feet. This was the first mandatory legisla
tion. Th ? same legislation provided for an
apportionment of the costs between two or
more railroads affected , giving the power to
the mayor and city council to determine the
ratio.
CHARTER NOT A CONTRACT.
"Under this legislation an extended and
very vigorous argument has been made , the
contention being that by reason of the legls
latlon ot 1SCG , and the constitution ot this
state then In force at the time ot the organ
ization of the Omaha & Southwestern Rail
road company , It Is bejond the power of the
legislature to Impose the burden now sought
to bo Imposed under th" act of 1803 , for the
reason tint the charter of the rcspond nt
railroad company was a contract , and any
such attempt as Is now here sought by this
legislation Is an Impairment of the obligation
thus created between the state and the re
spondent company. If such be the law of
the land , It Is as well now as ever that this
state become aware of It A corporation Is
but a creature of th ? sovereignty. Corporate
property has a public as well as a private
side. Does the state by granting charter
rights to corporations completely abnegate to
and surrender control of these public agen
cles ? Every person , human or artificial ,
holds his or Its property subject to the con
trol of the flat" , whenever thi > publln peace
or safety Is in question. Any contrary doc
trine would be the announcement ot tne right
of private and corporate socialism , either of
which Is a public as well as a private m-n-
ace. And , Independent of authority , upon
principle alone , I , for one , should have no
hesitation In saying that by the granting of
the privilege to any number ot Individuals
to form a corporate existence the state
does not thereby surrender all power and
control over such a corporation. "
In support of his position the court quoted
Dillon to the effect that the domain of the
state over Its corporations Is suprsme The
state had the same right to pass this act as
It had to provide for proper grade crossings.
The history of legislation relating to Omaha
street corporations was reviewed , showing
that Judge Brewer held that the legislature ,
could create more than one corporation and
an exclusive franchise could not bo claimed.
A citizen must carry on his business In con
formity with laws In force and any amend
ments which may bo made.
"The case of the state against the Missouri
Pacific Railway company (5 ( Pac. Rep , 772) )
Is llko the case at bar. It held that a city
as a representative of the public can order a
railroad to construct a viaduct over a street , "
added the court.
Morawetz was quoted to show that the
formation of a public corporation under a
public law gave rise to no contract. The pro
vision giving the power to the state to builder
or repair and then collect from the railroad
the amount expended was merely cumulative
and did not exc'ude the remedy by mandamus
Attorney Greene for the railroad reserved
his exceptions for appealing the case at once
Promotion * in the Army.
WASHINGTON. April 19. Lieutenant
Lucas Dtirfee , Tenth Infantry , has been
transferred to the Seventeenth Infantry , vice
Lieutenant James Druln , resigned. First
Lieutenant James F. Wilson , Fifth Infantry ,
has been placed on the retired list.
t olelirntlnRtho llnttlo of I.rxlngtnn.
BOSTON , April 19 , Patriots' day , the an
niversary of the battle of Lexington , a legal
holiday In Massachusetts , Is being generally
observed In Boston today.
Ozomulsion is a medicine pure and simple ;
pure Cod Liver Oil , Ozone and Guaiacol
simple to mix if you only know how. Dr.
Slocum is the only man that knows just
how , and he has spent the good part of a
lifetime finding out. Any doctor will tell
you that cod liver oil is good , that ozone is
good , and that guaiacol is good , but he can't
mix 'em just right , so they're pleasant to
take. Some doctors will tell you that no
body can. Dr. Slocum can. Some doctors
prescribe Ozomulsion. Some don't. Broad-
gauge doctors say "Take Ozomulsion. "
They know a thing or two. They know
that keeping folks sick don't pay nowadays ;
getting them well quick pays better. Lots
of folks get sick as fast as sick ones get well.
If some one tells you that you look consump
tive , don't worry. There's Ozomulsion. It
won't cure an entirely hopeless case ; but
few cases are hopeless , while Ozomulsion is
to be had. Ozomulsion costs a dollar a bottle.
Otomulsion cures One bottle will start you right ,
Colds , Coughs , Con and make you feel better. If it
sumption , Bronchitis
' '
tis , Asthma , and all don't , don't buy any more , and
Pulmonary Com dollar back.
plaints ; Scrofula , get your
General Debility ,
J < OSB of Flesh , An
1'onr druggist has it , or will liavo It , or he la
aemia , and , all
Wasting . not a good ilru&filst. If not , send to T. A , Slo-
Diseases. citai Co. , 181 amljSjl'earl Street , New York City ,
Thin , pale women get plump and beautiful on Ozomulsion ,
For sale by all Omaha drug sts and drutrelsts everywhere Trade supplied by Richardson Drus
> Co. and Ilruco & Co , Omaha.
ChooMnc
The First Baptist church has extended a
call to Ilev V C. Rochq fjt Emerson to be
come Its pastor. Mr. Hocho preached last
Sunday and made so favorable an Impression
that he was determined 'unpn at onca to fill
the vacancy caused by $ ue resignation of
Rev. J. H Davis. T i , .
Rev. A. L. Sarchct of pufhrle Center , la. ,
who was called last Sumlayi to tha pastorate
of the Second Presbyterian church , has sent
his letter of acceptance. , He will arrive In
the city with his wife and two boys by April
28 and assume his labors at once.
Don't Experiment on Untried Sclimcs
In gasoline stoves. The Reliable and Quick
Meal are the best , time-tried and tested ,
Sold only by Cole & Cole , 41 Main street.
\ \ hut In lu 11 Name ?
Everything , If applied to a Hardman
piano , sold by Mueller Piano and Organ
company , 10J Main street.
H. M. u illiitiuion
Sells the Standard and Domestic sowing
machines ; also agent for Standard In Omaha.
106 South Main street.
Garden hose , big stock , good and cheap.
New York Plumbing Co.
Ice Nice , clean reservoir Ice , cheap , Mul-
holland. 6 Baldwin blacV. Telephone 186 ,
Dr. Parson * , over Schneider' * , Cll B'wy.
When Buying
Fruit Trees ,
Buy the best.
A minute lost can never be recovered
and It's a calamity to lose several years
which BO many Iowa and Nebraska peopl
have done v/hen they have bought forelgr
grown , unaccllmated fruit trees.
MENEUAV BROTHERS ,
THE CRESCENT NURSERY.
Were born on the lands where their nurse ,
ry utock U grown , and years of patient
liitellgent experiment have taught them th
best varieties for this climate. Consequentlj
their home grown stock Is as hardy as th
forest trees. They have a very large stocl
for the spring delivery and every tree I
warranted true to name. Orchard , Vlnyari
Lawn , Parking Trees and Ornamental a toe
Make no mistake In your orders. Send u
your list of wants for prices. We can pleas
you In prices and stock. References : Councl
nluffa Hanks , Council Blurts Departmen
Omaha nee , and prominent business men
Nurseries tlx miles north of Council Blrts
P. O. Address ,
MENERAY BROS. .
Crescent. Iowa.
Grateful Women Write Us Letters.
From every corner of the country come thankful letters rlttcn by
those who hive been lifted into cheerful , vigorous , hc.illhy strength :
by Dr. I'ierce's 1'avorite ' Proscription.
Thousands on thousands of women have been relieved of the
nerve-nagging drag of weakness and pain.
They have been made better wives nnd better mothers by having
perfect health restored , and without the humiliating exposure o ?
examinations so generally insisted on by physicians.
The stereotyped treatment by "local applications" is seldom necessary , niul
there is no reason why modest , sensitive women need submit to them.
Dr. I'icrce's I'avoritc Prescription is of purely vegetable composition nnd is
perfectly harmless in nny condition of the system. It exerts n wonderful sooth-
nigj healing and strengthening power over woman's delicate organism. It is a
invigorating tonic for the whole system , and is almost an infallible specific for
the peculiar weaknesses , irregularities and painful derangement ! , of woman.
To these causes may be traced the trouble of tired , nervous , irritable , worn-out
women. Careless , easy-going doctors frequently treat their women patients for
biliousness , nervousness , dyspepsia , liver or kidney troubles , when the real sickness
is in the organs distinctly feminine , and no help can come till they arc made per
fectly strong nnd healthy in both structure and function which is brought about
in due time , by the use of Dr. I'icrce's 1'avorite Prescription.
Dr. Pierce's Favorite Prescription is a scientific medicine , devised by the Chief
Consulting Physician to the Invalids' ' Hotel nnd Surgical Institute , at Buffalo ,
who for thirty years has made diseases of women n specialty.
The reople'i Common R ne Medical Adviser , by R V Pierce , M D , Chief Consulting
rh > slclau to the Invalids' Hotel nnd Surgical Institute , Iluffilo oxer 1000 large pigrs and 300
O colored nnd other Illustration's contain * full consideration of diseases nlx > % c referred to ,
D. mailed ( If within 30 days ) , AIISOLUTI i.v 1'Htr , In paper covers , on receipt of this Coupon
3 ami 25 cents 'stamps ) , to co\cr cost of packing nnd poitnpc only o\ir 680,000 copies of
3S this complete I'nmily Doctor nook nlrcndy sold In cloth binding at the regular price of
S Ji.50. Address : WORLD'S Disi'b.NSARV MEDICAL , ASSOCIATION , UufTalo , N. Y.
DUFFY'S
PURE MALT WHISKEY ,
All Druggist ? ,
Lawyers nml solicitors. SUES & CO. Ucc
Building , OMAHA , Neb. Advice PKBK.
RAILWAY TIME CARD
Leaves lIlUnLINOTON & MO. niVEll lAirlves
OmahalUnion Utyol , 10th & Mason His.f Omaha
lO.laam Denser l xpr bs J 4 uni
1.35pm.Hlk. Hills. Mont. & ruget mid. Ux 4.1Upm
4.3.ium Denver Impress 4.1'jym
C.lSpni.Nebraska Local ( cxctpt Hund ly ) 7.4 , > iim
b.ltam..Lincoln Local ( except Sunday.11. ) aui
1 4opm..l'a l Mall ( tor Lincoln ) Dally. . . .
"
Lca\es ICI1ICAUO. UUIILIN'OTON & Q lArrlvej
OiiialmUnlc.n | Depot , lutli Ac Maaon Bta. | Unulia
4:4 ! > pm Chicago Vestibule 9 10am
S.Miun Chicago Uxprebs. . , 4:15pm :
7.bOpm..Chicago and Bt. Louis Uxpreaa . 8.01.1111
ll.Ua.rn 1'aclllc Junction Local G:10i : > m
rout Mall 2
Leaves ICII1CAGO , MIL & br 1'AUL I Arrives
OmiihnUnion | Depot , 10th & Mason fata [ Onnlla
C 00pm Chicago Limited 9.30am
ll10arn. . . Chicago Uxpresi ( ex. tjun ) . . . . 6.UUpin
Leaves ICH1CAGOT& NOKTHVVUST7N.ArrUeT )
OmahaUnlonlJepot | _ , 10th & Mahon Sla. | Om ilia
U 03am Kasicrn Express C.30pm
4.00pm Veatlljilled L-lmltiM 9.40am
e.tDnm Mo. Valley Loca > 10 30pm
t 45pm Omaha Chicago Special 2.lupin
Leaves I CHICAGO. It. I. & 1'ACiriC. ( Arrive *
Omahal Union Depot. 10th & Mason His [ Oimlia
EAST.
11 00am..Atlantic Express ( ex. Sunday ) . 6 53pm
6 25pm Night Uxpresa 9:3jun :
i30pm..Chicago Vestlbuled Limited. . . . 1.30pm
VVEbl.
e.OOpm.Oxlahoma & Texas Ux ( ex tiun.10 3Sam
l40pm ; .Colorado Limited. . . . . . . . . 4.UOpm
CeaveaT c7 , ST. P. , M. & < 7. " "iAnTv7T
_ OmahaDepot. | _ 16th and Webster Sts. | Umaha
v.23am..Nebraska Passenger ( dall } ) . . . h.lSpm
4:30pm. : Sioux City Uxpreu ( ex Sun ) .11 5mm
C.lOpm. bt. Paul limned . .IQ.Sjjin
'P. . E & MO VALLEV : [ Arrives
Depot , 15ir. and Websier tila. | Omaha
' 2.10pm I'ast Mall and Express 4 : & . " > pm
2.10pm.ex. ( bat. ) VVyo. to * , ux. Mon ) . . 4.Kpm
9.05am . .Norfolk Cxprem ( ex. Sunda > 7 . .10.30am
CilOpm bt. Paul Express
Leaves I K. C. . ST. J & C IJ. I Arrives
OmahalUnlon Depot , 10th & Mason 8a. ! | Omaha
S.oOam. . . .Kansas City Day Express 6.10pm
8.15pm.K. C. Night Ex. via U. 1 > . Trans. C:5Cim :
Leaves I M1SSOUIU PACIFIC. ( Arrives
Omahal Depot. 16th and Webster St . [ Omaha
0.40am St. Louis Express 6To"arc
9:30pm : St. Louis Express 6OSpm :
6:10pm : Nebraska Local ( ex. Sun ) U:0uam
L-are I SIOUX CITY & PACII'IC ( Arrives
Omaha ) _ Depot , 15th and Webttcr bis. | Omaha
610pm ; St. Paul Limited 10 35am
Leaves I SIOUX CITY & PACIFIC ( Arrives
OmahaUnlon | Depot , 10th & Mason BU , | Omaha
C.Mam . " .Sioux City Passenger l'
6.35pm St. Paul Limited
I UNION PACIPIC. I. . .
OmahalUnlon Depot. 10th & Mason Sta.l Omalig
0 uuam Kearney Express J tiin\
2.00pm Overland Flyer. Bipra :
J.OOpm.Bca'tco & Btromsb'e Ex. ( ex. Sun ) . 8:4 : pra
7.30pm Pacific Express lO.fcam
i16pm I'aat MsJl 410pm ;
Leaves I WAnASH UAILWAY. lArrlvo
OmahalUnlon Depot. 10th A Mason Sin.I Omaha
liiADta fit. Lout * Cannon Uall 12Spru :
QEO. P. SAKFOHD. A. W. RIEKMAN.
President. Cashier.
First Naliooa
of COUNCIL BLUFFS , Iowa.
Capital , $100,000
Profits , . . . 12,000
On * of th * oldest banks m the itata of Iowa.
We solicit your business and collections. W *
pay 6 per cent on tlma deposits. Wa will b
plfaitd to see and serve you.
G.W.PANGLE M D
. . , , ,
The Good Samaritan , 20 Years' ' Experience.
UKADIMl OP DISEASES OV MEN AND
WOMIN. PHOPIHITOH : or TUK
vvour.D's iir.uiiAi. DISPKN-
SAKY or MiiiciNi : : .
/ treat the following Diseases :
Cutnirh of the Hond , TUroat nnd'I.unfrsi ' Dls <
ruses of tlio K } ( > mid ICur , 1'its and Apoplexy ,
Hi-art Disease , llv or Complaint , Kidney Com
plaint , rccrtouti IulillU > . Mental Uc *
, I. OHM of Itlimliuocl. Sein.
mil 'WcaUiieHs , ninhotrp , Ilrluht's Dlj-
disc , St Vims' Dunce , UlKummtliim , I'll rnlj els ,
WliitoSnclilmr. Scintilla , Fev or Sores , Tutu *
OI-H mid I'lHtiila In ano rcmotcd'
\vllliuul flic It nl To or ( Iravvluur n
drop oflilood. Woman \\ltli Iicr
delicate or atiH reHtored to
licaltlt. DropHy cured -wftliout
tanpliitc * Hpeclnl Attention KUc.it
to l rl\atuaiid Venereal lHweascw
oTal ! ItliitlH. 850 to Ssoofllorfolt for
any Venereal DlHcaHe I uuinot euro
\\ltlioiit Mercury. Tape Worms removed
In two 01 ihrco hours , or no pay. Hemorrhoids
or Piles cured.
TIIOSH WHO AllII Arri.TCTKD
Will suv o llfo and hundreds of dollars by call-
DR. G. W. PANGLE'S HERBAL MEDICINES.
The only I'll ) HI liuirlio < uu tell wlmtulla
a lioiHon v Itliiiut it | { lii [ ; u question.
These nl u illstiinrn Kcnil fur yupBt
Illunk , No. 1 for liH'll.N" . for women.
All correspondence stilotly confidential.
Medicine sent liy express. AddrcfcB all letters
to
cs. w. IANBII ; , jii. n. ,
555 BROADWAY. COUNCIL BLUFFS *
Gncloso lOo In stamps for reply.
MESSMORE & CLEMENT ,
BROKERS
GRAIN , PROVISIONS , STOCKS ,
603ii Broadway ,
Grain handled In citr loadlotu. Tel. 20J.
COUNCIL ULUI'l'S , IOWA.
Special Notices-Couoci
CHIMNEYS CLEANED : VAULTS CLEANED.
Ed Uurke , at W. S. Homer's. 033 Droadvvay.
rnuiT FARM AND GARDEN LAND FOII
mile cheap and on easy terms. Day & Una ,
33 Pearl street.
roil RENT. MODEItN HOUSE AND I3AHN ;
attractive lawn. ( Jeo. W. P Coatea , 219 rrank
street.
Fl'RNISIIED ROOMS , WITH OR WITHOUT
board , for four centlemen. 22 S. Sixth street.
roil RENT , 40 ACRES Or LAND. HOUSE AND
stable , live milts from the poslo'llie , 112 per
month Apply to Leonard Everett , 16 Pearl
street , Council liluffs.
TOR BALE , A BPLKNDID 641-ACRK PAHM ,
with three Kiv l dwellings , only two miles
Buulh t Mlnden , Pottavvattaiilo county , 25
miles east of Council III tin's nnd Oniaim ; ivill
tnko | > nrt of the purchase price In Council
llluffa city property. Apply to 1 Mnvl Everett ,
Council muffs , town
TOR KALE , A OOOI ) 50-ACIti : I'AUM. faOUTII
of LoKnn , about 25 miles notlliast of Council
llluffH , In Harrison coun'y , at t5 jirr ncrej
will tnko some clly property in part payment.
Apply to Leonard Everett. Council llluffs. Iowa.
WANTED IMMEDIATELY A dOOD 81CIRT
miker Miss Ktllogg , dressmaker , 307 South
9th Btrcet.
24,000 POUNDS
OF SOUTHERN LEAD
was the amount of our flrst Sprinp order for strictly pure St.
Louis Load. Wo are headquarters for everything in the Driiti ,
Paint und Glass line. Our Motto : -
' HOW GOOD , NOT HOW CHEAP. "
- - ' , The limn. Paint.and moss Man , . .No. 200 ( jgrjrjCJI BlUffS
Wholesale nna Hctull. llioudwuyv
Cleaning and Dyeing of Garments ana
Goods of Every Description.
Schacdsnck's Twin City Dya
Works , Cor. Avenue A and 20th
St. , Council IJlmrs. OfTize , 1521 Far *
mi in St. , Oinului.
Send for Price List ,