THE OM.vIIA DAILY BEE : STXDAV , OCTOBER 17. 1807 , JUDGE POST AM ) HIS IltCORD Letter to World-Herald OorrcctinR False Statement * of that Paper , rUPCRTS OF DECISIONS ARE GARBLED ' Urttillcil liif.inrnt SlirniliiK Him I'ncUr * . \\lllfiill ) I'rniTliMl Hi Mulir 1'ollllrnl riiilnl for LINCOLN. Oct. 1C. To the Kdltor of The Jlce The following It n copy of a letter sent to Iho World i.Ierald for publication In ltn Issue of Sunday , October 17 To the Kdltor of the World-Herald No department of our government offers such opportunliy to the Blunder ns Ihe ! judiciary When an officer holding a t Iiollllr.il position In attached and mlsrep- | rcsentdl , the columns of the newspapers are open to him nnd there Is nothing In his ' ollltlal station to hinder resort to them The liiitter charged arc usually such that a dis cussion of them Is within the comprehension of ordirury readers Hut a Judge ot the su preme court may not vindicate himself In the press or on tiie stump Ills mouth Is dosed and even If he would open. It the ncvcre pressure ot hli official duties , which occupy his whole time while Iho rest of us nro laying nsldo our ordinary affairs to dls- I cuss these of the slate , prevents a con- * sclent lous Judge from neglecting the people's Inlcunts lo guard his ov n Moicovoi. the tochnlr.ll ll.itliro nf tlu. niin tlnnn tnvnlvpd. since as a rule legal < niasl'ons ' am peculiarly llahlu In be ntlirepresonlcd and to be Juggled with HI ) as to oieltn prejuilto among laymen - men , preclude a populir piesentatlon ol his case II .s for these reasons , no doubt , tint joit fed stfe' | n putting Into lypo as the "word" of Judge Post , what are among the most grossly false and deliberately mislead ing Htalctucnls that hive marked the many 3earn of political controversy In this state A brief review of the charges which you bring flgnlust Jud-ju Post In jour issue of October 13 , and a statement of tin * fafts. ns sho'Mi 1) > the publlbhul reports and by the records of the supreme court , will abundantly establish that these ( hargca are unq'ialincdly false and tint tne garbled and misleading btatrimint of the adjudged ( .apes which you publish and indorse Is an Imposition upon jour ri" U ri 'lln chnri'is mndo imy be summarlm ! by the hmillltii employed , "Hullronclb ( lenerallj AVIn and the statement tint "on cxam- Iratlnti of the reported cases" will show that Judgt Post ban uniformly , or almost uni formly ruled in favor of a railroad com- pnn > IKOIII : POST WAS ox TIII : iinxcn Prcmimibly It Is Intended that the unwarj reader shall bellrvj tint the list of twenty- oni- rises which Is given Is a statement , in \vholo o" In part , of the rtcoid of Judge I'Cht upon the bench The list begins with volume J7 of Nebraska Ilepoils and termi nal m with volume 3i ( Volume 27 Is devoted to ilirlsionn rendoiecl In 18S'J , nt a time when MOIIO of the present members of the court weie on the bench , and no cases prloi to page ( > r)7 of "T Nebraska were heard or decided by Judge' Post Plvo out of the1 twenty one nnti date every present mi'iuhct of the rouit , and ten , or substantially onc- Inlf were deildcd bofo-o Judge Post took his beat Tne last volume cl'ed fiom 51 North- wcbtcrn He-poitci , repoitH nothing later thin c-uises decided at Iho Januarj term , ISO I It will be seen that onlj a jcar .ind a Inlf of tin six in which Judge Post lias sat upon the > I cnch Is covered As a Htatement of his leeord or even of .1 fragment of It , the list published is nothing ehort of a libel The total number of cases , In which rail road coinpinlcs were parties decided by the Hiipiemo coini from the appearance of 30 Nebrnshi to the present time Is 159 The period taken embraces the hervlcc of all the mcmbeis of the eourt ab now * constituted and In u\v \ of the eight years Judge Post has been upon the bench A careful Investigation of tl ese Iri9 cases made from the records of the couit bliouH that the rillroad compinieti geneinllj do not win It hhows that of those cabcs Rovcnty-two , of all sorts , some In which the tompiiiies were but nominally in terested Included , were determined in f.uor o ; Hui comp-inlcs , and that the remainder , namely eight-seven , were determined ad- I voisely to the companies It shows that but P.fU-tluee of the cases lu which the coiu- pinlcflvcro Rueccssful were reversals of Judgments rendered agilnst them In the dis trict courts , or about 30 per cent of the Judg ments appealed from wheieas the percentage of leversale in all cases on the average is about -10 per cent SHOW S SULLIVAN'S STAND It shows that of twentj-one cares which were decided in favor of railroad companies In the lower courts and appealed bj the plaintiffs , eight , 01 about the ciormal 10 per cent , were reversed so thit In the mittpr of obtaining reversals of judgments , the compan is have had ciccldodi ) the worst of it It shows that of the seventj-two cases In which railroad compinies were victorious , fourteen were cases In which the companies had prevailed also In the lower eourt It shows that of these eases In which the rail road compinlih won lu both courts live were tried before "reform1 Judges , two of them having been decided Im favor of the rail road companies In the district court by Judge Sullivan , the "reform" candidate for the supreme bench It shows that the total amount of the Judgments against railroad companies which were reversed or set aside Is $ G7 S77 while the aggregate amount of i the Judgments against railroad companies 1 rendered or alllrmed In the supreme couit during the same period Is $7C7 328 II of which $1.M SU 27. or substantially double the amount reversed In favor of the com panies were tendered In actions for ilain- . nges for Injuries to person or property it I chows also that of the opinions reudere-d b > I Judge Post In six jcars upon the bench CO I per cent vvero adverse to the litigant rail i way i n pi cs itwclve affirm 'ts of Judg ments Bainn * the cjtnpimr nnd eight re ver a s i \g Co anil 40 r prcc.it the &VCTJRC cf afllrmat res and reversals In all cases It will 1) Feen that railroad companion hive had the game measureof Justice at his I hinds an other litigants The $67577 $ , of I which the railroad companies hive relIove-1 themselves , often hut temporarily by appeal to the supreme court In the last seven and oio-hnlf year * arc a hagatollr compared to the enormous aggregate of Judgments ren dered against them and of claims settled without Judgment as the result of Judg ments nfllrmed. and arc less lhan one-tenth of the total amount rendered or afllrmed against them In the supreme court during that period. Nor docs the total given ex- pre s the- whole The decisions In lax cises and In grade crossing , vladvict and other cases must also be borne In mind The Omaha \laduct case , In which the opinion was rendered by Judge Post , though Involv ing no direct money Judgment , In effect made the companies lUhlc for enormous sums for the construction and repair of via ducts 'n ' our cities IlKCOKD OP TUG IlUIlLINaTON. But the charge. IB midc that the court has been unduly favorable to the Hurllngton company , and that tin- latter has been uni formly successful In Its litigation An ex amination ot the records dcmointritrs that during Iho period for which the foregoing statement was made the Hurllngton company and Its dependent corporations have taken forty crses to the supreme court on appeal or error of which seventeen have been reversed anil twenty-three alTlrmod , that three Judg incuts of the district courts In favor of Hur llngton companies have been reversed and eleven alllrmed , and that of two cases hi ought originally In the supreme court , the Hurllngton compinies prevailed In ono and lost one The percentage of reversals ob tained b > the company , 42 per cent Is sub- stPtUinlly that which holds for all Clares of litigation Nor bixve the causes In which the Burlington companies been de feated been mere trlllcs Judgments aggre gating $20,510 83 hive been nlllrmed against them , they have been defeated In four at tempts to escape pasmcnt of taxes all ot them Involving laigo oums of money , though not In the form of direct Judgments , and tlio > have been compelled to btillil and re pair crossings and viaducts The latter have cost the Hurllngton road far more and have bee n of far greater moment to the public than all the Judgments for Injuries to per- hon or propertj that have been set aside Not only Is the list of cases published taken largely from n period prior to Judge Post's term of olllce , and utterly Incomplete and misleading for the period covered , hut It Is In no degree representative even of the volumes from which It Is taken Kiev en volumes of reports are drawn on for material , and from these twentj-one cases againut the Hurlington ami Its dependent or leased lines are extracted and an- given ns a complete list The real list comprises more thin forly cases In these same volumes nlanc , and eigh teen decisloi s adverse to the companj which the compiler convenient ! ) overlooked It will be remembered tint ten and lltteen yearn ago the Hurllngton was building extensively In all parts of the btato and tint for pur poses of condemnation proceedings , It In corporated a vast number of small corpora tions , which vvero soon absorbed or bought out All of the cat.cs in the names of tlusc corporations , Involving Injuries , right of way and condemnation money and the right of the corpoiatlons to do business have been scrupulous ! ) omitted 1 SOMH CONVHNinNT OMISSIONS The list does not even contain all the cis against the Chicago , Hurllngton d Qulncy compan ) and the II & . M company In the volumes cited There are two or more emissions of cases against Hui lit . ; ton lines in each of nine of the eleven volumes from which cases are taken Not to mention all of them In 27 Neb'aski , three decisions adverse to the Hurllngton Interests me omtttel. In 28 Nebraska , the case of the II < t M Hallway compaii ) against White In which a Judgment against the compiny of $ " ,651.08 Is alllrmed , is suppressed , as well us I ) . M Hallwa ) compan ) ngalnst Wal lace In which a Judgment against the com- piii ) for personal Injuries was upheld , two adverse decisions in volume 29 are omitted , one Involving a Judgment ot ? l,5fiO against the company The Omaha & , North Platte company against Janecek Is omitted from | the cases In volume 30 , Nebraska & Colorado | Hallway company against Scott , affirming a . judgment fcr $400 , Is suppross-d from the cases In volume 31 , Uopublican Valley < . I Wi stern eompin ) against Chase count ) , In I which the Burlington company wes held for $1 J9 , " > Hi of taxes Is omitted from the cases in volume 33 , 1) ) & M company against Kooncc and state ex rel , Chicago , Burling ton & . Quinc ) company against North Lout Street Hallway company from those lr volume Jl , Ncbiaska Hallway compJn ) against Culver Is omitted from those In volumeS.'i In all of these cases the Bur lington compan ) or Its subordinate corpora tions vvero defeited In volume 58 of the Northwestern Heportcr the compiler has suppressed Chicago , Hurllngton d Quinc ) against Wllgus , in which a judgment agains the conany ] for $800 was alllrmed ; li volume 59 , ho omitH the two cases o Huillrgton Volunteer Hellef De-partment o the Chicago , Hurllngton . Qulncy railway against White , In which judgments agains the company of $1,000 and $131 11 respective ! ) were upheld and lu which principles wer laid down by which It is made liable for n Inconsiderable sums In other cases and th Chicago , Hurllngtcn fi. Qulncy Hallwa ) com pn ) against Hitchcock count ) ( opinion b ) Judge Post ) , In which the company is hoh for a large amount of taxes It may b observed , also that the Chicago , Uurilngton & Quinc ) Hallway compan ) agilnst Merrlcl county ,16 Nebraska , 17C , which the compile dlsmis cs as ot trivial Importance , wis a mil to enjoin the collection of over $2,90 of taxes , In which the company was defeated feated It was not n question to whom th taxes sloull bo paid , but whether they should be paid at all S1NCIJ POST CAMH IN To lake up the list where It comes to at end , almost at the threshold of Judge I'Cht' term and give a partial list from succeed ing volumes during his term of olllce , ther IU.1 } bo cited Chicago Hurllngton S. Quinc Hailioul cmnpaii } against Hlldcbrand , 1 Nebraska , 31 , In which a Judgment agains 11 Is to rely upon the countless sprays , washes , etc. , which form the basis of the many "methods" now BO prevalent. Such treatment might avail something if Catarrh \\aa only a local irritation of the membranes. Hut the disease is not on the sur face the discomforting irritation of the lining of the throat is not the disease itself , but simply a manifestation of it. Catarrh is a deep-seated , constitutional blood disease , and it is ns easy to put out fire with a sheet of pnpor as to hope to euro it with local applications. Don't mistake temporary relief for benefit. Those who last ncason thought themselves benefited by this treatment will bee , their mistake as soon as the first chilling blast of winter is felt. "Tho hprays nnd washes prescribed by tlio doctors relieved mo only temporarily , nnd though 1 used them constantly for ten yearn , the disease had u firmer hold than ever. I was in n himentuhlo condition when I decided to try S. B S 1 at once began lo improve , mm after taking it for three months I vvasenred eonipletel ) , the dicadful diheac.0 was eradicated from my system , and I h.tvo had no letnrn of it. " Miss Josn : Ovvrs , Montpelier , Ohio. Swift's Specific ( S. S. S. ) is the only cure for Catarrh , for it gees direct to the cause of the trouble the blood forcing the disease from the system. Those \yho have had Catanh for any length of time know that each winter finds them moro firmly in the grasp of the disease than before. Their experience teaches them that local treatment can do them no good. A trial of S. S. S. will convince them that it is the proper remedy. If you are just feeling the first touch of this ofl'onsivo disease you should begin treatment promptly , for its Hovority increases each year ; but bo sure to begin right. If you treat only the sur face , relying upon sprays , washes and inhalations , you may bo Biiro that a mild case will bo n bad ono next year and a worbo ono the year later. Begin proinptly to take S.S.S. and bo cured. Books mailed free by Swift Specific Co. , Box Y. , Atlanta , Ga. . HID company for $1 o > o w < a"1" c ' tlhi ' son & Nctraska Hallway * mpany agalis. , Uoernor 45 NcVraska 4 afnnritig a Julg nrenl agairst the compan } of J1070SO. Chi- , C'KO liurllngton & Qu iuy Railroad com pany ngalnst Putnam 45 Nebraska , 440. In I'lch ' Judgment for 1200 Is Affirmed , II & M company against Martin , 47 Nobmka , r.4 In which Judgment against the company for jr. 000 Is alllrmed , Chicago , Hurllngton & Qulncy Hallroad company against city of Omaha 47 Nebraska , G89 opinion by Judge Post ) In which the pro- Islonn of the elt ) charter as to viaducts ere sustained against the company. Chi- OKO Hurllngton * Qulnc ) Hal'road company gainst Stcele , 47 Nebraska 741 , a crossing ase , decided against the company , Chicago , lurlingtoti & Qulncy Hallroad company gainst Hatt 48 Nebraska , 161. In which udgment for $500 Is amrmed , Chicago Hur- Ington & Qulncy Hallroad company against hater , 19 Nebraska , 25 , decided ad- ersely to the rompaii ) ; U & M com- > any against Klttredge , 71 , Northwestern Reporter , 9S6 affirming n Judgment for $400 , Chicago , Hurllngton & Qulncy Hallroid com- "any " agairst Co71 , Northwestern He- orter , 37 , affirming n Judgment against Iho ompany , Chicago Hurllngton & Qulncy Hall- oad compan ) against Klein , 71 Northwcst- 'rn Heportcr 10S6. holding the compan ) lla- ) lo for a large amount of taxes , Holland gainst Chicago Uurlington , Qulnc } Hall- oad company , 71 , Northwestern Heportcr , S9 , In which Judgment In favor of the corn- any In the district court Is reversed Does not this demonstrate that the Hurling- on company lies not "gcncrall ) won" by any ncans' Hoes It not suggest to those famll- ar with the methods of the "reform" press vhy It Is that \ou have resorted to an old ewspapcr list of cases adjudged for the most > art before Judge Post took his scat , and nany of them before a single member of the present bench was In the court , to put off ipon the public as the "record" of Judge 'ost7 COMPILHH SUPPHiSSiS PACTS. Not only did the compiler of the list pub- Ishcd omit or suppress as many cases as he ias cited In what purports to be a complete 1st , but In each of nliw out of the cloven .olumcs from which cases are taken the udgments rendered or alllrmed against cam- unles In the Hurllngton sstem exceed from .en to ono hundredfold the entire sum which iS stated ns the aggregate of such Judgments 'or the eleven volumes Can this be termed aught but deliberate and designed Imposition when , covering but one-fourth of Judge Cost's term and stuffed one-half witn C.IFOB decided before ho took his seat upon the bench , It is put fotth In such guise as to lead the unwar ) to accept It as a statement of Ills record ? Another aspect of the matter deserves at tontlon No ono but a "leformci ' vvoulil judge a court , not by the Intrinsic merit of Its dec'slons ' , but b ) the number and ag gregate amount 01 judgments wnicn ic ren ders against uillroad compinies l\n ex amination of the decisions set forth in the list will satlsf ) ( he Impuitlal Investigator that there vv is abundant justincutlon for each. In one case a passenger Jumped from a rapldl ) moving tialn. In another a lind owner who had received a large sum In condemnation proceedings , tried to re cover a portion of It again enl to Tecolve double compensation , In anotliei i bov fcl asleep between the rails at a point vvheie a sharp curve obstructed the view and was run over bv a fa1- ! train , which could not stopped In the 300 feet for whlcl he was visible to the trainmen In another the Judge below decidei a question of fact which the constkutloi and laws of the stuto prescribe slnll bo de cided b ) a jury No Intelligent man , how ever prejudiced , can dcii ) that thc e cases were rightl ) decided In this connection It Is not without Intelest to note the case of Shellenbuig against Fremont , Elkhorn . Missouri Valle ) Hallwa ) company , 45 Ne braska 1S7 In which a Judgment In favor of the compan ) rendered In the district cour by Hon W V Allen , one of the apostles o "reform. " was reversed and set aside In an opinion rendered b ) Judge Post Hvcn the most arJeut "reformer , " when In Judlcia positions , must at times find for the com panics and It Is not to be expected tha ordinary men ma ) do otherwise when the law and the evidence so require IIS ! WORKED roil THE PUBLIC. A perusal ot the Nebraska reports will dis close that the supreme court as now con stltutcd has been active In the protection o the public Qulotl ) and without ostentailo tin ? judges have adopted those construction ot the law by which the public Is bos served , and have adhered at the same tlm to the liw and the evidence , as was the ! duty. To clvo but a few examples , the have construed Insurance policies so as t give the policy holders the full time in whic to sue , though the "reform" judiciary o ICinsas holds otherwise ; they have inval idated the oppressive clauses In farn machinery contracts , they have mltigatet the severity of the common law as to lease by holding that tenants shall not be boun for tent of oropeity dcstn ed by the elc ments pending the lease , they have unhel ( the district Irrigation liws In the face o Contrary decisions b ) courts of high rank an In this they have been sustained , since t lei decMsion was rendeicd by the highest an ablest court in the land The decisions ici dcred b ) Judge Post In the district I rigatlo case the Omaha v laduct case and the case Involving controversies of our "reform" gov erncr with those in charge of public Instllu tlons , aie a complete refutation of the chaigc In the article in question and the Insinuation in a recentl ) suppressed pamphlet containln a similar "list" of appealed cases Ily a odd chance the three political causes vvnlc have come befo-c the eourt In the last t\v years , controversies between the governor nn < olllccrs or Incumbents of the same inlltlca faith as tile court , have each been decldcc In an cplnlon by Judge Post and In each th decision was favorable to tno goveinor. Se State against Hay , 45 Nebraska , 322 , Sta against Holccmb , 4C Nebraska , 88 , and Stat against Holeomb , 16 Nebraska 612 EXPEDITES THE BUSINESS During the term of Judge Post's servlc on the bench the rules have been revised an nut in order , piovlslon has b ° i n made for tl orderlv dispatch of CUM cut business cause have been heard when read ) for subn.'faloi ' and not two and three ) ears after , as vva ilano prior to the time of tl present occupants of the bench , am do practice lun been established and nc hcied to although entailing large additlona labors on the court of having all the judge pass upon every case In cve-ry respect , In stead of delegating single judges to dec Id them Some ten ) cars ago a lawor o li'ternatlonal reputation , a professor In th Hint law schrol of the land , said of a declslo of a eourt not 100 mllc.3 from \ebranka tha he supposed there might bo Jurisdiction wher It was an authority Today the decision of the supreme court of Nebraska are cltci and are quoted with respect , and its dec slans , cspeclall ) the cpln'ons of Judge Pos are to bo met with In every volume of cur i en' fieikf of selected cases among th "leadlnc" authorities Ono need only rcai the reports to bo satlsflcd that our court com pares most favorabl ) .vltli these of othc states ami ranks well ahovo those of man which are far beyond us In ago , wealth am population NOT POLITICAL OKPICEHS There have been' times before this vvhe Judges have been looked on as political oil ! ccrb there have been limes when Judge have not been suffered to pies upon cuitc on their merits when they w.ro the c-caturc of those In ascendency for the time belli In the government and vvero required , on pal of removal , to decide questions , not In accordance cordanco with the law and the evidence , Im In obcdlenco to the directions of those vvh chose and removed them Such a ssten produced Jeffres ami Scroggs und Wrlgh these landmarks of Infani ) In judicial his tor ) . Shall wo at this late da ) lapse hit barbarism of past centuries by requiring abl and experienced judges , on pain of dlsmlssa to throw laus , constitutions and evidence tc the winds and to decide causes for polltlca ! Tect8 ? Would It not bo more honest t abolish laws and to revert to the prlmlth mcthoJs of the orient , where the wise ma of the village situ at the gate and admlrls ters Justice or Injustice to all comers , as suit his fane ) for the time being HOSCOE POUND riiifil for Strallui ; hull friini 11 Wrt'i-U rilEMONT. Neb , Oct. 10 ( Special ) Eleven bos and men were In police cour this morning charged with stealing salt from a en- , one end of which was broken In at the vviock } csterday In the Elkhorn ) ards They ] pleaded guilty and were lined Tht > railroad men va ) that about 500 pounds were taken , most of which was recovered at different houses in the vlclnlt ) ot the tracks. It was la live-pound gackg. SPATE PAYS FOR SPEAKERS 'ow ths Fopocnti An Cirrymg on Their Economical Ctmpalu | , NCLE JAKE WOLFE'S ' CONEP.CUJUS . TtHIFT I.ciinliiK < > f I'ulilliInulls \\iih ( he : \ Pillion ( ioiiicl Son n I or lion IS l l on iifllcfcn m , ' _ _ _ _ _ ( i I ! LINCOLN. Oct. 16 ( wV l ) It seems hat while Land Commissioner Wolfe Is trov- lltiR from county to county making new rases to school lands and putting In bills to he state for traveling exponsrs , his mission s partly iiolltlcal In Its noturo and that vvhcr. ver possible on the dai the auctions are 'eld populist moetltiRS are nl o held with Uncle Jako" as "the stellar attraction. Tor nstanre the Ilroken How pipers advertised .1 argo auction of school land leases for today , nd the same papers contained the following otlce "Undo Jake Wolfe , the commissioner t public lands and buildings , will speak nt ho court house In Hroken How on Saturday venltic October 10 , at 7 30 o'clock. Come tit and hear him " Another man who does not allow his duties o the state to Interfere with his firlvatc or lolltlcal business Is Senator C W. Heal , mom- > er of the legislative Investigating committee. Senator Heal is the editor of the Custcr Tountv lleacon , and his pfiier Is Just now iiuatlv devoted to the defense and advocacy of II J Shlnn the populist candidate for county Hideo of Custcr county. The Heard of Supervisors his found Judge Shlnn to bo .1 Iplaiiltor and the populist contra ! committee ias odlclally requested him to withdraw from ho ticket , but ho refuses to withdraw , and Senator Heal Is his most enthusiastic sup- lorter. Mr Heal says he thinks Judge Shlnn kill be cleeted and that ho will "stand right jv Mr Shlnn until the e ctnrges that have icon preferred agilnst him have been decided n the district couit" A gentleman hearing his declaration remarked that It was an un usual position for a member of the Investl- gitlng committee to take , and was ccrtalnh llfforent from the actions ot the committee In Its InvestIgitlon of the state Lifltttulloiis The federal Mining compinj , with $100- )00 ) capital i roposlng to carrj on operations n OIU couutj , Atlzoni , lllel art'cles ' of In corporation toila > with Marcus btine , Sam uel II Guggenhclmer and Krnst Tlulmann I sprlnclpat stockholders The Novelty Car riage works of South Omilia with $10001 capital , srul the Grand Island Live Stock Commission company , with $40 000 cap.til , also filed papers The stockholders of the latter are John Hratt , I It Alter Oeorgo II Thummo'l and Tred G Drjer Two com panies proposing to furnish amusement for the exposition were Incorpoiated The first was the Moorish Village companj with $30- 000 capital and IMmund A Tcldei , llenrv Hollalr and 12 J Au ten as Incorporators ami the Omaha Chutes compan } which pro poses to operite a tiansiortatlcn enterprise known as "shooting the chutes" on the ex position grounds The latter companj has $10,000 capital , and the papeis are filgrcd bj Arthur I' Gulou , H A Ieldcr and John O ilalicr CONDITION OP STATfa H\NKS The- Stile Hanking hpanl has Issued a compvatlve statement pf \\\P \ \ \ condition of the Incorpoi ited private , , auij sivlugs banks of the state at the elo e of buMne s Septc.n- bor S 1S17 The compnlioai Is rinde vvltl the repnit ot September 30 IS'lfi there burnt , twentj-flvo lebs banks this oicar than there were last The report Is A UnUering one , and if the natlonil banks ot thoi state mike an Oiiunllv good showing .together thtv wil piovc liejoml a possible Uoubt < ! nt there has been a healthj growth In the prosperity o he state during the pist joar. In the reuor Just made under the head cf ics-ources there Is n i eduction of almost $2000,000 In the loans and discounts , considerable reduc tlons In the items of lianklng house and fixtures , real estate'anu'Kponses ' while there Is an increase of ov'ct$2,400 000 in the amount duo from other Dinks and an in crease cf n qif.irtcr of a million. In the checks and cash on hand Under the head cf llablll ties there is a reduction In every Item ex cept that of general deposits , which shows at increase of $1 S'tO.O'W 0(1 ( , which taken togethe wl h the decrease in the loans shows that so far a the business of the state banks 1 concerned the wealth of the people has In creased $3,550,112 01 In the past jear. The le port In full Is as follows Sfpt.S. 1897 Sept n lSrC Resource W3 Lanks. 12'i binks Lo ins .ind dis counts $13W.C12.0G $13,710,701 It Overdrafts bSA.1,74 S3 S'l CCO % JJcmls blocks , he- curltieti , etc S14.129.7S 37G 517 31 Due from banks and bankers 1,751,120 4G 2,172091 93 HnnkliiK bou = e finn nnd Ilxtures . . . 1.2SI.TM f.9 1.1J7.V4 "G " " Other rf.il estule 71 Cutioni e\p nso and taxes paid IG7 > 91 4G1.T.9 17 I'lemlum on U S. bond" , el" J--.1 IS 4.9CG r.l CneoKs and oll-cr e.ish Items S1.2JG 21 C.i h . ' ' Oilier uEbcls f7,030.32 uO'072 G ) Tot vis $21.511,2 > fi Si $22 7sjrl1 ! C Llabllltlo. " Capital ht'k inld In $ -Klii8 $ S"il I CO" KG Suiplii'i fund . . . . SS1.21J 109,811 uS fr < ! Ivide < l irollts ) 870fCI 9JI 623 GS nivldcnds unpaid 10 42S IS 151 71 Odiernl ileposlln 11 C-2 ! SS 11.702.J4S C9 Notes nnd bills re- dl cjunteil 143.0,7 SO Hills pay able . . 221,1 GO 111 2"0 83 Other liabilities VUG 2.,80j G7 Totals . . $21 fiSLSIO R > J22.7S5 549 ft ) LINCOLN LOCAL NOTCS On account of bad weather the Tarklo unl- vciBlty foot ball gimo dil not come ort today It has been postponed until Momlij aftei- noot ) The Taiklo learn Is a heavy one and the Nebraska gladiators will have no mean rivals In Iho game The Tarkles will slay over nnd hive a conlcst with the Wesley an university team on Tuesday In federal court this morning lames Sen more , Thomas Seamoro and Hli ? Wave v\cr bcn'cnced lo filxly dayb' Imprisonment to Intioduclng liquor among themselves mid Ib Indiana of Pine Hldge Agency Dick Austin and Dan Lewis who were cnp luied a few weeks ago and charged wllh rob blng the postofllco nt neluiont , p'eaded no guilty th'H morning Tlie'r trial Is set fo week nfler nexl , when Ihoy will ho given chance lo explain Iheli nc lions nbout 111 tlmo the robbery ncuirrcd As an Instance of the enterprise nnd ac tlvlty no\.r being shown In Ihe city of Lin coin U Is noted that within the last tvv months there have been put down , or nr now being laid , 41.C31 Hfinro | feet of brlcl sidewalk In the central , p rt of the tlly imliig n total of 200 'J01 'brick It la flgurei that If this amount of , Wc alU was laid ou In a hlrlp four feet In vjlilfli it would read over two miles Omaha people at the Jioteln Al the Lin dell D II Wclpton. J ll.tDletz , H. A. 'Wag ner At the Lincoln J.\V. Marshall , 11. i : lingers Leo Rothschild , np l wife IIIHS PIIOM II I'l'I'ljCSN VKP/h IHTH III. } Tri-iulH on tillKi'iillU'1 mill Ix Di-iu III 'l' > v i-U . , ill | H < N. AHCADIA. Neb , O-.1 / 1ft ( ( Special ) Th 12-year-old son of Grant Jolinson a. farme living eight miles eoutlivvc'sf ' of this place while oul playing ball , at pchool ycslcrday stepped ou a ratllebnaku and was bitten on Iho font , he being barefooted at the lime IIo vvns Immediately brqught t" town for medical treatment , but Uiea In about twelve hours after being bitten The father ot the hey was away from home at the time , but was telegraphed for nnd arrived last night The funeral octurred toJay Kiiiii-rnl of liiiM ninMONT. Neb . Ocl 1C ( Special ) The funeral of flus Going , whn died at his r'fil- deuce fhreu miles north of this city Thurs day , was held Hi Ihe Congregational church this afternoon and was largely attended Premont lodge , Ancient Prco and Actepicd Masons and Centennial lodge of Odd Fel lows each attended In a body The funeral services were under the direction of the Masons and the funeral sermon was delivered by Hov W II Bus ? , pastor of the church Mr Going waa 47 years old , a native of Maine , anil for epve'i'cna ytara a rcnldetu of ibis county. Up t ? lUrco v < fars ago lie wag EY , STIGER & CO. Exceptional Displa3 * of the Most Select Styles- SILKS SILKS Ladies' Autumn and Winter Our Silk Department Attention Demands , Your Prompt Jackets , Capes and Children's Cloaks PLAIDS New Piatd Silks have just kBl-00 reached us Such cxtrcmly New patent collar elegant Kersey Cloth pretty and novel silks were Jackets , lined with novelty silks , black and . never before shown in these ncw colors , at $15.00 , $20.00 , $25.00 , $30.00. - 50 . Tailor Made Kersey Jackets , excellent fin parts. ish , silk lined , black and colors , only $ JO.OO. AT We will sell Monday some of Black Persian Lamb Short Jackets , box the most stylish best grade of front , full silk lined , only $7.00. Kersey and Boucle Cloth Jackets , hand BLACK DRESS SILKS-Our variety somely braided , at $5.00 , $7.00 , $9.00 , $12.00 in this line is extensive Satin Duch- to $18.00. esse , Paulettc , Pcatt de Soie , Rhada- Plain Kersey and Double Faced Plaid Golf ma , Armure , Faille , Gros Grain , etc. Capss , from $12.00 to $18.00. We start this line at $ J.OO for reliable "Salts" Plush and Vclour Capes , hand dress silks. somely trimmed in fur and applique embroid VELVETS Are fashion's edict for Waists ery , from $12.00 to $47.00. We show all the new shadings. Misses' Plain and Novelty Cloth Jackets , CORDUROY Is a new feature in skirt in the latest styles , from $6.00 to $15. fabrics also for waists We have the Children's Broadcloth and Lamb's Wool latest tones at $ J for superior quality. Cloth Cloaks , trimmed with white Thibet , from $4.75 to S13.UO. LINING SILKS New fancy stripes , 23 in. wide . . . 60c Also Children's Fur Sets. Best grade Changeable Taffetas ' in great variety of effects . 75c Ladies' Underwear and Brocaded two and three tones . . 85c f Qrt B"I Hi /V 4 * HIT /"V * " * # * Special features in Black and Colored Dress Goods ' heavy liblioil bi11iriprK : floored Vests nnil 5 0 C Black satin finished Novelty Dress nil finished ( -011111 $ , ! 15u oaeli. Goods , usual price 75c. At QOc 8Sc Granite Cloth , very serviceable , Ladies' wool pltutrd Vests und Punts , natural , best regular price $1.00. vtiluo mor olleii'd , "lj oOo ctieli. kBl-00 Foule Cloth , handsome , fashiona .A 6 - ble and durable. Ladios' iintunil rilib'ti wool Vests und 1'iints , French yoke buiul , noiibhi inking , bo-it finish , out1 prioo "oe ouch. Broadcloth , high grade cloth , reg- , , , , ' "Oi/r Union" t rt , - - .A 6 $7'OO / ) . ular price $1.51) LndioV Union Suits nt SI. 00 o in n it Iw duplicated in FOR TAILOR MADE FROCKS the city The Klou nee biittonod on shoulder , also downllio front. Thoio : n tnonts in o a perfect tit und 50 inch Castor Cloth , $1.25. Diagonal { jive entire MUibfui'tion bist Kjfjpti.in Cotton , also Imlf Cloth illumine , $1.25. Eng'ish Diago wool ull sl/oa $1.00 ouch. nal Tailor Cloth , $ 1.50 , $1.75 and $2.00. For Children. Genuine Covert Cloth , $2.00 and $2.25. A.I 5Oc Foule Cloth , $1.50. Poplin Cloth , $1.75. Childi cn'he.ny ribbed , llooi'ud , natural , union Biiits--ne.'vv p.itent diopse.it ullii7 * * ' , onl.v 50o per suit. counter Novelty Dress Goods on center , three special lots at 60c , 85c and $1.00. A.I 5Oc n > \s' o\tr.v ho.vv vtl 'ocod lined hhirts and dr.ivvois New ideas of this season extraordinary rolnfot'ced Bi/es -1 to IM fully vvoith 7."ie , o-ir price fiOo value. each. interested with Lt K'enin farming nnd Mhcep fc ding seven inilrs iact of to > vn lie leave-s a widow here ai'1 .ebtivos lesidniK In Maine He was a sue iMtful huslncos nnn and well known among stockmen In this pait of the state. HAIN HUM'S Tim , r\I.I. WIinVT. Cialn IN In n\i'i-lli'lil romlltlmi ( o n 'Iliriiuprli ( lit * \\liilcr. DDATHICK , N'eb , Oct 1C ( Special Tele gram ) A rain of 1 38 Inches fell hero last night and today nnd Is hclng followed bj moro tonight. It will be of almost Ineil- culablo value to fall grain and late pastures. JUXIATA Net ) , Oct 1C ( Special ) Th ° re was an all night's rain here last night , which soaked the ground well , and will pu ; the fall wheat lu .splendid condition feu the winter. The aeiean'u of fall wheal ib the latgest in the history of Adams , county and Us condition at this time of jear is equal to the best This rain will Insure Ith holdIng - Ing well through the winter. HASTINGS , Neb , Oct 1C ( Special ) A much longed for rain v isltcd Adams eounl > last night and laid an Inch und a Inlf of dust The lain was followed by a cld wind fron1 tha north. DUNCAN. Neb , Oct. 10 ( Special ) A hc'ivj thunderstorm bet lu huio t 9 30 last night and rain fell steadllj ihc greater p.irt of the night. The wind was from the north east and seemed cold enough for snow To- di > Is dark and eloudj , with a stiff , told , noitli wind The ground Is well t > oal.ul and fall grain Is greatly benefHte-d Corn husk ing is under Iieadvviy and corn is of ( list claBs ( iuallt > Iho hot dr > vvcathei Ihls fall thoroughly matured even the very latest planting * Xnnil\SKA CITY , Oct 1C ( Spcclall A heavy r.iin fell In ( his peetlon last night , the gingo registering ovei ono Inch The ground Is thoroughly saturated and In splen did condition for fill plowing and seeding A sharp fall in temperature oecurrod dining the night The protracted drouth has had the effect of ilpenlng the corn much eirller than Is usual Tanners In this county have already commenced husking rUUBURY. Neb. Oct 1C ( Special ) A hpavj rain fell during last night and n light rain Is still falling , neirlj two inches hav ing already come down This will put fall grain , of which the acreage is much larger than usual , In good condition CIJVY CRNTI3K , Neb , Oct 1C fSpeclal ) The first rain for fome weeks fell hero last night The precipitation amounted to 1 20 Incites It Is now quite eold ST PAUL , Nib Oct 10 ( Special ) A flue , gentle- lain fell here Ihls morning be tween 2 and 7 o'elock , amounting to OSS of an Inch It was badly needed nnd will bo of great bcnellt to fall grain and pastures CKIMIl IlAI'IUrf , Neb , Oct Ifi ( Speelal ) A heavy , soaking lain fell last nUnt 11 was needed badl > rarmers are Ihrashlng their grain and Iho > It-Id Is hcjond expcc'u- llon Mr Trotter shipped heveral cars of fat cattle to market this week SUl'lJUIOK , Neb , Oct 1C ( Special ) Laat nighi'b lain wan the first good one for several weeks It was badly needed , as pas tures vvero drying fast and much winter wheat haa heeu put In IOUISVIU.i , : . Neb , Oct 1C ( Special ) rrla ! > was a warm , v\lnd > dav but earlv In the * evening It grew cold , the wind coming from the northwest. Just before midnight rain began falling nnd continued all night and until noon today More water fell than during nn > shower for months Tula , with the rain of last Sunday , puts the ground In good condition for winter HUOOMJNGTON. N tb , Oct 1C ( Special ) An lni.li of rain fell last night , which will give the small grain a good start for winter YOHK. Neb , Oct 1C ( Speelal ) York counl ) received a splendid soaklag J.ibi night About one Inch of water fell. The farmers are fitllng ninth betler over their profipeets for fall wheat as a consequence inCUMSDH. Neb , Ocl 1C ( Special ) During lasl night an Inch and a half of tain foil in Johnson county. 'Ihe iiiuUturo wab badly needed OKIINWOOD Neb. on ic ( Spotiai ) A cold rain set In last iilght ami continued up to noon todaj IhU Interfered with the irunlnn at the park The reunion practlt-allv closed last night on thai account A good utlendimn was bad lasl night emi/roN Xei > Oct ic ( Special ) A mild rain accompanied Iiv eomo thunder and lUht'iilnir ' commenced al 10 o'cbtk but night xnd continued throughout the night It has been thowprlng this morning An 1mh of water has fallen tmd there are good indi cation' for more This IB Iho flrsl pniklns rain for over six wecki Mr flrorce Melnner arrived from Sidney this morn Inn wllh thirty double-eleck cars of sheep The simo thirty carg will go back a'nd be with sheep for him nnd will arrive tomoirow niakliiB si\t > ears in nil , which ho will feed at his vardb north of town HKNKr.MlAN Neb , Oct 1C ( Special Telegram ) It has been raining hero almost steadily blnco 7 o'clock labt night nnd the ground Is being thoroughly soaked , rarmers are In excellent spirits , for with so. mii'li moisture In the ground Just before frecrlug the giound will be In excellent condition RDGAU. Neb , Oft 1C ( Special ) The rx- tremcly hot und dry weather of the | ust four weeks was broken last night bj a one-torn th Inch lain Notwithstanding the long run of very hot nnd drj wt-nthei , the wheat is still In good condition nnd looks very promising PuIIy one-fourth more area of wheat was sowed this fall than , last KV\S\S A\c7M\N PIHl IMI M iHsloniirj Coil fc.r 'in p Hir < .F Milliipr TillStlltvM KIlM'tN ( ( llll-tTH. HASTINGS. Neb , Oct 1C ( Special Tele gram ) The second day's bc'slon of the four teenth annual meeting of the Topcka branch of the Woman's .Torelgii Mlsslonarj hoclety vvhleh comprises Iho htates of Kansis Colorado Nebraska , Texas nnd Wyoming and embraces twelve conferenees , was culled to order In the Methodist church at 9 o'llotk thib moinlng bj Mrs C P Wilder oflan - haltcn Kail Thcie WuS a vcfj large nt- tendanre of delegates and eveijhody seemed to bo icadv to take more than the usual on omit of Interest In , the woik and the meet ing The first number on the program vvis a paper on "Our Missionaries , " by Mrs Marj U'lKon An Intercbtlng letter was then read fumi Miss Swnne } of Kosarlo , South Africa Mips Mar > Tharkiry read n report from the ngent of supplk" This was followed by the elecllon of odl- tcrs for Iho ensuing > ear , vvhlch rehiillcd as follows I'rcsldenl , Mrs C if Wilder of Manhattan Kan , treasurer Mrs A M Davles ot Lineoln ; recording secrelary , Mrs Mndlson of lopcka. The c'clcgatcs elected to the general execu tive committee meeting , to bo held In Den ver October 28 to Novembei 5 , aie Mrs Wilder of Manhattan , Kan , and Mrs 0 W Isham of Hastings After the election of olllcers a leltcr was read from Dr Stevenson of Tien T'iln , China Thu nftciiioon session was opened by Mrs A M Davis of Lincoln Interesting letters from Miss Watson and Miss Imhof of Jipan were read Dr Rachel It Ilcnn then told some gond sturlcd about the work In China A tonfeienco on ' Financial Methods" was londueted b > Mrs M M Turlington of Texas Mrs Mabel Knobtman followed with a talk about how to make a sutceisful auxlllaiy Unfinished business was brought up and It was decided to pledge the society let lalsc $ HCuO for next > ear It UHH then voted lo hold the next annual meeting nt Topcka next October The dele gates \vero addressed tonight by Di. Julia M Donahue , .1 mlssloimr ) from Chli a. " " i in m n ui \ii'riu"oiT"cij > Ti itv 01.11. of Krlll'lll- ) < Vll'- liralin Siil-lulill | . | . . Ki\KNiV , Noli , Ocl 10 ( Special. ) The members of Iho Pirtl Congregational church will ttlebralo the twenly-llflh anniversary of the organization of their churih here to morrow , Monday nnd Tuisday , and an exten sive anil inlrribiliiK program has been ai- rangeJ foi the occasion The annlverxary Ncrmon will be preached tomonow morning by Ilev John AtiUin , formerly pastor of Iho church , but now of Tabor , la , and In the afternoon t io Young People's Hoclcly of Chrls'lin Hndcavor will celcbrjlo Its tenth anniversary .Miss , Anna Finch will give the history of Ihu noddy and Dr Ahkin , who wax Ihu organizer of the society , will deliver an address The anniversary oxcrdfles proper will com mence Monday afternoon and the tlmo will be devoted lo "KemlnlEcenccs of Pioneer Days" The speakers will bo Mr S W Thornton , Mrs I.oulfcu M Collins , Mosui U Sydenham , Mrs I ) II ( Mark , Mrs P. 0 llamcr Mm P G Kieim , L II Cunning ham and others In Ihc evening there will be a roll call nf members prrsenl. Iho his tory of the church by Mrs I. , U Orant. pahtors nnd pastorates by II J Allen , let ters from absent and former members and an anniversary hymn tompoi > ed expressly for the occatlon by Prof C A Murth of thin cityTho The exercises will close Tuesday evening with a banrjuel provided by Iho women of the Congregational church and will be held In Iho city hall A number of appropriate toaalb luvo been arranged for and U will bo a most enjoyable time for all prcbent I'liiicriil itf Colniii-l I'lilllliiM , PAinHL'HV , Ntb , Ocl 1C ( Special ) Colonel O II I'lilllUia , who died at Mncoln Tuvjraday , waa burled Ihla morulug la tilt ) family burial lot in Paiibury ce neto y Till funeial services weietondiutcd by the Gran * \irny of the Itepubllr He vvns u member eli i cunpiuy 1) Second refhiHMil Nebraska Na tional guards , ailing as au escort rot MI < a n.r\ in IKIVUY. llui'u ; < TiMi CoiM Ictcil of Hiilililiif ? Ilia Stun- Over Ulilfh litI.lied. . HASTINGS , Ott 1C ( Special ) The only case of any Impoitance up before the dis trict court this week was the case of I'hlllp Durgeron , who was nirested last fall charged with breaking Into and robbing the "Illack Plag" store on Sundny moinlmg , September 27 At thil tlmo Ihc Iluigeron family was living In rooms over the "Illack Plag" storeH was tharged that nt 4 o'clock In the morning Ilurgeron was caught In the hall aiound the skylight opening with a long pole In his hands On the end of the pole was a hook and by stooping over ho would llsh goods from the rno'ii below The clerkb sleeping In the btoro were on guard for burglars and ns see i is Duigoron was discovered he was shot at but made his escape Thelollec wore titled at once and the IJurgcron rooms were seaichcd and n laigo tiuantlty of goods vvero found which the "Illack Plag" people Identified In Iho trial jubt closed there was plc-ily of evi dence brought ngilust Ilurgeron and tha jury , aftei lema'nlug out all night , brought In n verdlet findlrg the defendant guilty. A * a mellon for a new Irlal will have lo bo disposed of before a bcnlenco Is given , Ilurgcron Is still lodged In the county jail. MIII'INC or si 11001 , IMIIXCII-M.H. I'l iilllnltlo ( 'iiiili-rciiiM * ( liist-M niccliini of OlllociN. LINCOLN. Oct 1C ( Special Telegram. ) The meeting of the principals and super intendents of .schools eamo to a tltsc this forenoon aftei an IntcrcHllug and piofitabla session There was a larger attendanto than ever before Iho following nllleriH were elected for the coming year Piesldent It II Ilirr , vlco preUdenl , Prof Wale-house L'ncoln , secre tary , MIB L M ( iiiltciy , liBlluvue , Irons- uier , W L Stephens Palrhury. coiniiii-i < - tinc > iini > 'ri < > ii. . II AS I INGS , Neb , Oct 1C ( Speelal Tclo- grnm ) At ti meeting of the icpubllcan county central committee today Dr A. H. Pierce was placed on the county ticket to fill the vacancy caused by the withdrawal ot Di Chapman. Illlilillii-rln at < eiliir ItuplilH. C13DAII ItAPIDS , Neb. Oct 1C ( Special. ) There are two catiH of diphtheria In Cedar KupUlH 'Ilicy are ntrldly ( | uaranllntd and there Is no danger of the disease spreading. POU The Best Thingf yet foi Lu , Grippe , Coldn , Inllnon/aCatarrh Pains and Soicnesj In tlio Head and C'liubt , Cough , .Soro Throat , General Prostration and Kover. Taken early "hreulcs up" u Cold at once. Taken pcrfllHtcntly ' 'knooks out" the Grip and Colds that "hang on. " - MultitudoH " 77" with nro takliiff SUC CORS. If the digestion in poor alternate wjth "No. 1O for Dyspepsia , Iiiillm-Mllon , UrilK Sliiiuiitili , Dr Hump irey lluimopattilo Manual of nla- ( liipn at > uur ilruKKli'tH e > r nmllnl free Hold ) > y < liutilil > or tent on receipt of J5ct , iOun or tl W llutniilirty Me > ] Cv , Cur. WiJrt. Jlum and Jnhn SU , Wew i'ctlb T *