THE OMAHA DAILY BEE : TUESDAY. OCTOBER 11. 1808. PUPOCRATS AVOID CROCSSE Decline to Compare with the Last Eopublican Qovernor'n Administration. THEIR OWN EXTRAVAGANCE EXPOSED Which .Slmvr Mow Mncli More It Cnntn to Iltitt Stntc Inntltii- tlotin NCMV Tli nil U Ulil Tln-ii. LINCOLN , Oct. 10. ( Special. ) The cam paign circulars sent out by the popocratlc officials all purposely fall to compare the expense of managing the Institutions with the period when Lorenro Crounse was gov ernor of the stato. As vho period of 1&93- i was when the state was entirely under r"e- publlcan control and as It has been partly under popocratlc control ever since that time It Is no more than fair that the fig ures under the Cfounse management ohould be used. In most of the Institutions there has been no material Increase in the num ber of inmates. Some of them' have changed In Che method of management by the pas sage of laws , such as the penitentiary , while a. new soldiers' home has been established nnd the aggregate number of Inmates In creased , The popocrats have refused to pay money to support the Homo for the Friendless , so It cannot be Included In the comparison. In going Ibrough the records for the peri ods of 1893-4 and 1807-8. taking the figures showing the expenditures up to the 1st of October , 1894 , and the 1st of October , 1S9X , it ) is found that the expenditures for MIP j I board and clothing , fuel and lights for the Institutions nt Omaha , Nebraska City , Gen eva , Beatrice , Hastings , Norfolk , Kjarnoy nnd the hospital at Lincoln , the republicans spent In eighteen months almost exactly cho same amounts ns have the popocrsts In tbo j past eighteen months. At the Lincoln Hos pital for the Insane , Governor Crounso spent ) j l 133,878.37 for maintenance , while during the eamo comparative period under the Ilowlck contract system the malntananco has ro t $36,147.19 , besides $ lll .8t5 that was drawn from tlho former republican appropriation bo- twecn April 1 and August 1 , 1897. So there is no reform In that Item , being , Inact , an | increase In expense of $4,500 , which < -ould i hardly all be accounted for In the Item of vegetables carted away by the secretary of state for his family use. At Norfolk the expense for fuel and lights runs about $500 In favor of republican econ omy , while nt Nebraska City In the three Items of living expenses , fuel and light/ ! and employes' wages , the poposrats have spent $2,000 more than the republicans did for the same Identical Items during the Crounsa period. At the Institute for the Deaf and Dumb at Omaha the popocrats used $1,000 more to buy fuel and lights than the repub licans required for a like period , and at Beatrice the popocrats overrun In the same Item over $1,500. At Geneva the popocrats Increased the fuel and light expense over S800. So It will be observed that under pop ocratlc "reform management" there are a number of leaks that cannot be explained. Viewing the matter In another light other than of extravagance and mismanagement , the popocrats ought to have been able to maintain the Institutions at a largely re duced expense , ns almost every Hem furn ished the Institutions la sold now at a lower price than during 1893-4. Taking Into con sideration thlti reduction In the cost of liv ing , It Is apparent that tbo popocrats have been much more extravagant than were the republicans. But this will not deter the "reformers" from going'over the state with their statements about "republican steals , " and the figures showing the "amount saved per capita. " t , . TRY TO CAUSE A PANIC X'oporrntit Circulate Incenillnry Mis information Concerning the of Ncbrnxkn. LINCOLN , Neb. , Oct. 10. ( Special. ) The Vicious and Incendiary letter sent out by the popocratle officials for publication In the country press , and which the leading pope cratlc paper of the state pronounces as harmless , calling the republicans "lunatics" for exposing It , reads In part as follows : Tbo last report of the condition of the 493 banks , state and national , doing busi ness In the state has caused a good many men to put on their thinking caps. It ap pears that the bankn are owing demand lia bilities to the amount of $ , " > 3OD5,755 nnd the total cnsh In their possession only amount's to $5,710SSO. Hero la a pretty state of affairs one dollar of money nnd ton dollars of wind. The limit of safe banking hns always been considered one dollar of money to four dollnrn of credit , but In these days of sound money the banks are going It six better. That statement shows the frail foundation upon which nil business rests In this state. A single breath would knock the whole row of cards down. But suppow we really had n gold standard and only Bold was legal tender. Where would wo bo then ? Instead of having $5,710,880 to pay off their Indebtedness of $53,095.753 , they would only have $2,401,770. or ono dollar of money to twenty-six dollars of wind. Wind Is n pretty good thing , but If too much of It Is forced Into nny sort of n receptacle it Is sure to Imrft. If only one-tenth of the banks' creditors should take a notion that thev wanted their money the whole 595 would RO up the flume In fifteen minutes. The time for another panic Is getting close t& hand. This bank report shows that the conditions which produce panics are already hero. T. II. TIBBLns. Xninc Qiirrn the Article. This man Tibbies Is a .sort of dummy , whose name Is used to exploit all the state ments nnd political rot desired to be sent out by the reformers. Ho Is furnished an office In the cnpltol building along with all the other conveniences. The state officials pay him $10 a week for writing stuff , and for mailing out stuff over his own signature that is written by them. They paid him $2 to cover the- postage on the bank article , and neither their responsibility nor their Intent In the matter can bo denied. That the nrtlcle did not cause a financial scare In the state Is because of the little credence that Is given to the articles signed by the lean Tibbies. The secretary of the State Banking Board said today In nn Interview that the report upon which this Incendiary article was based Is the best report over Issued In the stato. Ho said that the banks of the state of Nebraska now are In a better condition and show a larger per cent of legal reserve than these of any other s.tate In the union , even Kansas being outstripped for the first Mr. B. P. McAllister , Hnrroda- burg , Ky. , says : "I employed nu merous methods of iocnf treatment ( or A severe case of Catarrh , but the disease grew worse steadily , getting a firmer grip on mo nil the time. I finally realized that this treatment did not reach the disease , nnd decided to try Swift's Specific , which promptly got at the scat of tha trouble , ana cured mo perma nently. " Catarrh la a blood disease nnd can not be reached by sprays , inhaling mix tures , etc. 8. S. 3. ia the only cure. Bend for valuable books moiled tree by Bwilt Bpcclfio Company , Atlanta , Ga. time In the history of the state. In going I over the showings made by the stnto banks , taking the records on flic In his office , Bee- i rctary Hall found that In 1S92 the legal reserve held by the slate banks was 25 per cent ; In 1S93 It vas : .3 per cent ; In 1S9I It was 30 per cent ; In 1896 It was a little over S3 per cent , and at present It Is over CO per cent. In discussing the weight of signatures at tached to published articles Mr. Hall said that If the Tibbies article had appeared In print over the signature of any ono of a number of responsible names In this state It would have caused a financial panic , but that appearing as It did , there was not so far as he had heard a flurry In a single lo cality. Ho thought the article was Ill- advised nnd uncalled for , and that a man of Influence Issuing such an article would cause untold damage. Itnlii In .Vi-lirnoUn. WEST PqiNT , Neb. , Oct. 10. ( Special. ) A very heavy rain storm lasting eight hours passed over this section last night. While almost too late to benefit pastures It will enable farmers to do conslderabra fall plowan Ing which otherwise would have remained , undone. About two Inches of water fell. ! I FREMONT. Neb. , Oct. 10. ( Special. ) There was a heavy shower of rain here last night , the total precipitation being about .75 Inch. It was preceded by a strong wind , which so far as heard from did no damage. Formers are commencing to husk their corn this year some earlier than usual. The yield Is not very good. Indlca- tlons are that considerable winter wheat will bo put In this fall. GENEVA. Neb. , Oct. 10. ( Special. ) A fine rain fell yesterday evening and contlnn ued the most of the night. Fair wheat , which Is looking fine , will be greatly benefited by It. The precipitation was 1.5C inches. i ST. PAUL , Neb. , Oct. 10. ( Special. ) A lively thunderstorm passed over here yes- t terday between 4 and 5 o'clock. For about fifteen minutes the thunder and lightning was almost Incessant. The rainfall , how- ever , was very light. A wheat stack was struck by lightning and burned two miles , south of town. NELSON , Neb. , Oct. 10. ( Special. ) A i heavy rain fell hero last night which will , put the ground In the finest condition for the newly-sown crop of winter wheat. The early sown wheat Is making a magnificent growth. FAinnUHV , Neb. , Oct. 10. ( Special. ) A heavy rain amounting to 1.44 Inches fell dur- Ing last night. Today the weather Is warm and pleasant. The rain will be of great benefit to fall wheat and rye , the acreage of which Is considerably greater than lost year. EDGAU , Neb. , Oct. 10. ( Special. ) A heavy thunder storm visited this section last night. Rain poured down heavily nearly all night and the amount of precipitation was about two and three-fourths Inches. Wheat , of which a very large acreage has been sown , Is looking fine and corn Is going to yield much better than was expected four or five weeks ago. It was the general opin ion of farmers at that time that corn would be almost a failure tn this section , but the weather has been so favorable for maturing the crop that now they report that the yield will exceed half , If not two-thirds of a crop , CULBERTSON , Neb. , Oct. 10. ( Special. ) Ono of the heaviest rains that haa fallen In this vicinity for some time fell last night between 5 and G o'clock. A small amount of hall fell also. The streets were almost flooded. DUNCAN , Neb. , Oct. 10. ( Special. ) A fine , warm two-Inch rain fell here last night. Today Is warm and Just what Is needed for fall grain. Corn Is almost ready to crib. Stock of all kinds looks fine and the quality of hay was never bettor. SILVER CHEEK , Neb. , Oct. 10. ( Special. ) A fine rain fell last night. Everything has been and Is very favorable for fall grain. lloiljli'niniil nt Wjmore. WYMORE. Neb. , Oct. 10. ( Special. ) While ouj , hunting yesterday afternoon Joe Lltty and Hedi'ey Wasl , two boys of this city , discovered the badly decomposed re mains of a man In a field , near where the Union Pacific and Burlington roads cross , a mile east of this city. It Is thought this evening that facts have developed which may yet lead to the Identification of the body. During the latter part of August a workman employed on the I ) . & M. found a package of letters about 100 yards from whcjo the body was discovered and after reading a few of them ho tied them up and placed them at the foot of a largo tree and ' today when ho learned the news of the dls- covcry of a body In that vicinity he Informed the authorities of what ho had found and accompanied them to where the letters wero. The letters wore addressed to James L. Priest. Beatrice , Neb. , and ono was from his mother at Grand Island , Imploring htm to send her morphine , and from the tone of the letter It Is Inferred that both mother and eon were victims of the morphine habit. Another letter was from a brother In Omaha , and was evidently a reply to a rc- ouest for money with which to buy mor phine. The brother refused to send money , .but said it James would como to Omaha ho , would see that Tie was taken care of and would make arrangements whereby ho could take treatment for the cure of the morphine habit. Prelsrli * AVrec'k tin Union I'nolflp. BEATRICE , Neb. , Dot. 10. ( Special Tel egram. ) The Union Pacific had an expen sive freight wreck eight ; miles north of Beatrice early this morning. Train No. 65 was running at a high speed , when the en gine and eights cars loaded with grain and merchandise left the track and were piled up In the creek and on the right of way , some of them being made Into kind ling wood , On the engine were Engineer Charley Burt , Fireman John Frozee and It. A. Lattcn. The engine was thrown from ' the track and went plunging into the ditch without a second's warning and all three men miraculously escaped Injury except Burt , whose shoulder was displaced. Frozeo was covered with coal from the tender and had to dig his way out. Neither can tell 1 how bo got out. Passenger trains arriving an hour later transferred passengers , mall and baggngo and proceeded after several hours' delay. Itfliiihllciui County Convention. CENTRAL CITY. Neb. , Oct. 10. ( Special Telegram. ) The republican county conven tion hero today was well attended. W. T. Thompson was nominated for representative nnd G. W. Ayrcs for county attorney. Mr. Thompson Is an able lawyer and will make a strong fight. Merrlck couuly being close , the campaign will be1 a lively one. After the convention , W. S. Summers of Lincoln delivered an able address. Ho cave an analysis of the two platforms and nhowetl conclusively why the republican platform was In the Interest of the people , that In l- stead of Hartley and Moor ? being the only | defaulters that a dozen populist county t'rcas- urers were defaulters. He showed Poynter's rplatlon to the stock yards pcoplo and while the populists howled against passes every man who could got one carried one. The ' address was listened to with atten tion and received favorable comment. ltci > ut > llcun Contention nt Oril. OIID , Neb. , Oct. 10. ( Special Telegram. ) The republican county convention met here this forenoon and made the following nom inations : John Wall of Arcadia , for repre sentative ; A. H. Williams of Ord , county attorney , and Vincent Kokes , county clerlf. j The afternoon was taUtu up with a debate i between Brown and Greene. At Its close i Brown received nn ovation. Soldier I.nlil to Rent. WAHOO , Neb. , Oct. 10. ( Speclal.-Prlv- ) ate S. R. Jolmzon was laid to rest In Sun rise cemetery near thl * city yesterday after noon. Rev , J. W. Swan , assisted by Rev. I Anderson , officiated. The music was ex cellent and appropriate , and the floral decor * tlons were beautiful. The poll bearers were members of the Second , who are home on furlough. There were members of the Third present. Dr. Hall and wife , State Super intendent Jackson and wife , and lion , J. N. Gadln were present from Lincoln. Tbo fire men , Bohemian Knights , Woodmen , Odd Fellows and Grand Army of the Republic were < tn the line. It was the largest funeral over held in this city. The services were held In the opera house , which seats 1,200 , and It was packed to the door. It IIAVK A IIALLY. ItHi Hon. Wctmter Ilnvln of Mlnnotirl filrcn n Fine Aildrrnn. LINCOLN , Oct. 10. ( Special Telegram. ) The largest audience of the campaign as sembled ; at the Oliver theater tonight to hear Hon. Webster Davis of Missouri de liver one of the grandest political addresses ever heard In the west. Mr. Davis spoke mostly on national Issues , showing what the republican administration bad done for the country. Ono Item bo mentioned In favor of the Dlngloy law was that the value of farm animals In this country had Increased $236- 000,000 In value since the passage of the bill. He appealed to the pcoplo to stand by the administration and send congressmen i to Washington who would advance Instead I I 0 ; obstruct the advance of prosperity. He praised the administration In its conduct j of the war , told how the War department , had bren upheld In the testimony of Fltz- I hugh Lee and Joe Wheeler so that the | yellow journals were now vilifying these old | \eterans. The men who sought to embarj j raes the administration were the ones now i tclllnt ; how the war had been mismanaged , j He told how , after the passage of the Wilson j bill. [ William Wilson was banqueted byhe J i money kings of England and asked It any- ono ever heard of McKJnley being wined dined by the English capitalists. The speech closed with glowing pictures of the peed things done for the poor men and poor ( boys by the republican party and In nn , appeal to the silver republicans to "come , back home. " . T. L. Mathews , candidate for audi tor. opened the meeting with a short nd- dress. ] The rally will result In Increased en thusiasm among republicans here. Myxtcriniin Dlmippcnrnnce. COLUMBUS , Neb. , Oct. 10. ( Special Tele gram. ) J. H. Wllklns , n welMo-do Ger- rsan farmer , who has been living In this city j the last two years , has mysteriously disappeared. ! He was at a neighbor's Sunday morning , only two blocks from home , and ITSl since leaving there nothing has been heard Slfl from him. He collected several hundred dollars lars Saturday as rent from his property on Shell creek and It has been learned that he deposited $100 In Ihe Commercial bank. Ho probably had $ GOO or $800 with him. Parties have been searching through the country today ' , but can find no trace of him. No cause can bo assigned for his reaving home. He was about 55 years of age. AVnnt the Flmt Mnntcrcil Out. NELSON , Neb. , Oct. 10. ( Special. ) A moss meeting of the citizens of Nelson and vicinity was held at the court house Sat urday evening for the purpose of taking some action In reference to Inducing the governor to designate the First Nebraska regiment as the one to be mustered out Instead of the Third. A committee con sisting of Hon. E. D. Brown , Dr. J. R. Buf- finston and W. T. Bottenfield was appointed to draft resolutions and petitions for signa tures nnd arguments why the First regi ment should be mustered out , all to be pre sented to the proper authorities. Grrcne and Ilrovrn Talk. ST. PAUL , Neb. , Oct. 10. ( Special. ) The Joint debate between Norrls Brown nnd W. E. Greene , candidates for congress from this district , came off In the opera house Sat urday. The house was crowdedJ-'Tho'dpeak- ' . crs occupied about three hours and did their best , amidst great applause accorded to both. Greene appealed to the prejudice of the people , depending mostly on ridicule and sophistry , while Brown made a good Im pression by his clear , plain , convincing ar gument of republican principles. Greene sold ho j would have 500 majority In the county , which remains to be seen. UiinncccuHful Attempt nt Suicide. HASTINGS , Neb. , Oct. 10. ( Special Tele gram. ) Miss Gencvieve Tlmblll , who was stopping In this city nt the , Glbout house , attempted suicide last night by taking a largo dose of laudanum. She became hysterical and as soon ns her condition was learned a phjslclan was called , who snved her life. . Her homo Is In Lexington nnd she has rela tives In Hastings. It Is not known what caused her to attempt her life. JofTcrMdii Comity MortnnBen. FAIRBURY , Neb. , Oct. 10. ( Special. ) The Jefferson county mortgage record for September Is ns follows : Farm mortgages , 27 filed , amounting to $31,7079 , 30 released , amounting to $35,120 ; city mortgages , 10 filed , amounting to $30,3iO , 5 released , nmountng to $19,500 ; chattel mortgages , 40 filed , amounting to $14,921.03 , 50 released amounting to $14S4S.C6. Sntton linn a Ilooin. BUTTON. Nob. , Oct. 10. ( Special. ) George Webber & Son of Edgar are going to build a now merchant Hour mill In this city on the Kansas City & Omaha right-of- way. It will be of about sixty barrels ca- paclty ] and equipped with modern machln- ery. i Work will begin soon and Its com- pletlon | will bo _ rushed. I'oynter Driven Them Aivny. SUPERIOR. Nob. , Oct. 10. ( Special. ) W. A. Poynter and Undo Jake Wolfe ad- dressed < a small audience here Saturday. The audience i was composed of ns many icpub- Means 1 ns fuslonlsts. The burden of the dls- courses i was "Vote for me , " and by tbo time Poynter : finished a very thin audience re nrnincd i to hear Wolfe. 1105rtrcnUn Iloth Arm * . HUMBOLDT , Neb. , Oct. 10. ( Special. ) George , the 10-year-old son t David Spelser jr. , met with a serious accident while run ning a horse race with a youthful compan ion. Yount ; Spelser's horse stumbled ant threw him , breaking both arms near the el bow. Kllloil liy I.ljrli HASTINGS , Neb. , Oct. 10. ( Special Tel- cgiam. ) During the terrific electrical stern last night , Otto Epkcs was struck by Iglht- nlng and killed almost Instantly'while un- ; hitching bis team at his homo near Glcn- vllle. The team was also killed. Olvc li ! > tlie Clinae. TEOUMSEH. Neb. , Oct. 10. ( Special. ) After trailing the harness thieves from here over 100 miles Into Iowa with bloodhounds. the officers gate up the chase and returned without their men yesterday. iPoj-ntor AVI1I TECUMSEII , Neb. . Oct. 10. ( Special. ) The dcraopops vlll hold a rally In Tecumseh Tuesday , October 18. Poyntcr , Meservo and Manahan , as well as a braes band and fire works are billed. r < nNnitiHnrii I ) I ox < if Illx Injiirlm. CENTRAL PITY. Neb. , Oct. 10. ( Special Telegram , ) Rasjmusccn , the soldier In- Jured at Chapman yesterday , died today. The body was taken to Grand Island to- night llotr Cliolcrn. SILVER CREEK , Neb. , Oct. 10. ( Special. ) Hos cholera Is so generally prevalent that butchers find difficulty In supplying their markets. To Snre Your Digestion Via "Garland" Stoves and Ranees. SOUTH OMAHA NEWS.t The finance committee reported to the council at the meeting lust night that Dan Hannon had purchased the II street grading bonds at a prenilum and the sale was con * firmed. John Carroll resigned as milk and sanitary Inspector and the resignation was accepted. Mr. Carroll Is to take the post- tlon of chief of police , although the mayor did not officially announce the appointment. Dan Montague was appointed inspector to succeed Mr. Carroll and the appointment was confirmed. In compliance with the provisions of the new plumbing ordinance the mayor named W. S. Cook for plumbing Inspector and j\ majority of the council concurred In the appointment. John Fallen was granted a license to' ' , dispense liquors at 3221 Q street. The fire and water committee reported having Insured flro hall No. 2 for $1,500 and as this was uot considered enough an additional $1,000 will be placed on the structure. City Attorney Montgomery was directed to prepare a contract with Bernard Luckey for a small pleco of pioperty al the cast end of the Q street viaduct. Mr. Luckey Is wilting to pay $25 a year for a term of five years. . In connection -with motor service on the' ' Q street line Mr. Wear reported that the street car pcoplo proposed putting three cars on the line as soon as the exposition rush was over. It was also stated by Mr. Wear that the company had agreed to ex- tend the line beyond Thkrty-third street. A committee report recommending per- manent sidewalks on both sides of Q street from the viaduct west to Thirty-third street | was road aud the ordinance was recom- . ml tied , as a number of the members did i * not favor all of the provisions. Later on ho matter came up and the city attorney' I was Instructed to draft an ordinance prosi Idlng for the laying of permanent walks n the south sldo of Q street from Twenty- i seventh to Thirtieth streets. I Another viaduct repair ordinance will I lave to be passed , as In the last production ! ho Union Pacific Railway company was I designated , when the official title of this corporation Is the -Union Pacific Railroad company. This oversight was called to the ( attention ( of the municipal authorities by a representative of the Union Pacific legal de partment. Police Judge Babcock reported fines to the amount of $ D9 having been collected In Sep- t ember. Flro hydrants have been located on Thirty-ninth street qt T , U , W and X streets. ( A flro plug was ordered In at Twentieth and N streets. The council will sit as a Board of Equal- .zatlon on October 19 and , 20 to equalize .ho assessment on grading district No. 34 and on wooden sidewalks laid In different parts of the city. Adjourned until October 17. Svrltchmnn Killed. Lee Garrctt , a switchman in the employ of the Union Stock Yards company , was nstantly killed In the north yards shortly after 3 o'clock Monday morning. Just who Is to blame for the accident Is not known at ircsent , but the railroad officials Interested are making an Investigation. The Burling ton had eet one train of stock on the trans fer track and before the yard company's engine had pulled this away a second train was set by the Burlington. It Is stated .hat the second train bumped Into the first : raln and loosened the brakes enough to start It In motion. From th-e L street vla- duct south to the chute house there Is qulto , a grade and the runawayHraln attained quite a speed. U was dark land raining hard at he tlmeland the traln'Stole up on Qarrctt and [ ' < nocke3'him tinder thfe"Wije9lB before he had an opportunity of leaving his switches Two or thrco 'storfcmcn who came i In with the train were' s antUng * on top of the cars at the time , but wore not aware that an accident had' happened until sometime - time later. As eoon as the body of Garrett - rett was found Undertaken Brewer was sent for and the remains were removed to the morgue here. Coroner Swanson was noti fied this morning and vill hold an Inquest today. The deceased was about 26 years of age and came here a week ago from Melroae , Minn. , where ho had been working for the Great Northern road. A slater of the deceased - ceased , Mrs. Ella M. Howard , lives at Chicopee - epee Foils , Mass. , nnd has been notified by telegraph of the death of her brother. Manr ager Kenyon of the stock yards company said this morning that the company would attend to all funeral arrangements and stand all expense as soon as the wishes of the relatives of the deceased became known. To Collect > I'crNoni\l Tux. City Treasurer Broadwell has authorized' ' the statement that he will from this time on rcfuso to accept taxes on real cstato where the personal tax Is not paid. A great many people have an Idea that they. cannot be compelled to pay a personal tax. "i J I In this they are wrong for the law pro- vldes for the collection of a personal tax by levying upon any personal property nt hand. Residents here do not seem to realize this , for so many refuse to pay the personal tax. In otdor to make bis books balance Treasurer Broadwell will be forced to place a personal tax collector In the field as tho' law allows and thoeo who do not pay will , have to bo dealt with according to law. Flncrt Coiit of the Hone. Robert Erlckson , the motorman wno was ' nrrcsted for destroying a length of hose at , the ( Hayes fire , was fined $55 In pollro court yesterday by Judge Babcock. In this con nection the judge said that ho proposed to break up the practice of mutilating hose here and all motormen who came before him on the charge Erlckson was brought up on could expect to pay $1.10 per foot for each length of hose destroyed. Inulc City Wednesday will be a holiday at the public schools. Miss Jennie Ferguson Is reportei to bs on the sick list. Lflfit week 580 cars. 1G.272 head , of feed ers were shipped to the country from this market. P. J. Walsh. S21 North Twenty-fourth street , has returned from nn extended east ern trip. M. Fohey has taken out a permit for a frame dwelling at Twentieth and I etreeta , I i to cost $1.000. I H his been suggested that the city offices I ' close on Wednesday qut of respect to Presl- i i dent McKlnlcy. A flro alarm box was placed at th entrance - ' trance to the Armour plant yesterday. Tb I now box ! s No. 35. W. I. Fumb | and wife of Newton , Kan. ' , are the guests of Mr. and Mrs. F. A. Agncw , Twenty-third and N streets. The Odd Fellows met last night to com plete arrangements for the celebration at the exposition grounds on October 17. Bernard Krebs has taken uot a permit fcr a $1.000 frame residence at the Inter- ecctlon of Y stree-t and Railroad avenue. Thn reml-annual election of officers of the Epworth league will bo held at the First Methodist Episcopal church this even- , 1 Coroner Swanxon will , bold on Inquest today on the remains of' Leo Oarrett. the switchman killed in the yards Monday morning. I Charles Stcceck. employed nt Swift's , was accidentally cut In the loft arm jeste-rday afternoon. Dr. Scblndel was railed and .i dressed the wound. . I i W. P. Anderson , statistician of the Unlor : | Stock Yards company , Is tn the city and will remain here during the meetings of the live clock men. Mr. Anderson Is probhbljr . as well posted as eny person In the west on the condition of live stock and crops in Nebraska and ho will take a prominent part In the deliberations of the cattlemen during the week. It Is mated that I'hll Winter and other republican candidates are booked to tpcntt at Ed Trapp's hall , Twenty-eighth and II streets , Wednesday night. The Good Templars will hold a public meeting at the First Methodist Eplwop-U church on Thursday evening and not on Tuesday as previously stated. James P. Lott. member of the Illinois Live Stock ' board. Is In the' ctly visiting hl brother j , Colonel A. L. Lott , secretary of the local llvo stock exchange. John Vincent. Ed Eaton nnd John Young were each fined $5 nnd costs In polleo erurt yesterday afternoon for being drunk ana creating a disturbance In n saloon. Ell H. Uoud , formerly city attorney here under the Johnston regime , was a visitor In the city yesterday. Mr. Doud has for eaken Bluckstono and Is now operating a flour mill at Boone , la. . 0. F. Martin of Denver , secretary of the National Live Stock association and on old newspaper man , In expected to arrive today to attend the convention of live stock men to be held here. Delegates to the live stock and sanllary conventions commenced to arrive yesterday. By ! today It Is expected that nearly all of these expected will be here , although some may not got hero until Wednesday morning. SUPREME COURT SYLLABI , 9S78. McCague against aimer. iijira from Douglas county. Affirmed. Sullivan , J. ' The owners of real estate situated with In the corporate limits of a city subdivided and nlatted the same. On the recorded Glat L street , which the public authorities In ad previously undertaken to establish , was indicated as being sixty-six feel wide nnd the surveyor's certificate , In eflect , dehi dared that to be the width. The owners 01 the subdivision built houses on said 01Sl street ns shown .on the pint and along the constructed a sidewalk , of which the general \ public enjoyed the unhindered use. Tlioy also mortgaged some of tha lots and represented ' to the mortgagee , as nn In- ducernent { to mnke the loan , that such lots were located on L street. Held , that the finding of the trial court that L street Is a thdrouchfnre sixty-six feet wdo ! was warranted by the evidence and should be sustained , 078. Iloyal Trust company ngalnst Ex change Bank of Cortlnnd. Error from Lancaster county. Harrison , C. J. 1. The words r'A transcript of the pro- ceedlngs" as employed In section GSO of the j Code of Civil Procedure to designate whnt shall be filed with a petition In error Include within their moaning duly certified copies ' of the original papers and pleadings in the trial court which It Is sought to pre sent to the attention of the appellate court , the filing of the. original papers and Pleadings Is not contemplated and will not fulfill the requirements of the statute. School District ag-alnst Cooper. 44 Neb. , 714 ; Moore against Waterman , 40 Neb. , 493. 2. The provisions of section 1001 of the Cede of Civil Procedure relative to set ting aside a Judgment by default are ap plicable to practice In the county court In all civil actions regardless of the amount In controversy. 3. The order must be conditional In the first Instance and that notice of the time and place of trial be given to the adverse party Is Jurisdiction , and unless given the final order cannot be made. Tootle , Hosea & Co. against Jones , 19 Neb. , 533. 4. If a conditional order hns been madt In the county court In a case which by reason of the amount calls for trial within term ! time , an order which finally overrules the motion to set aside the Judgment may tb bo made by the county Judge during vaca tion If both parties consent that an order be made In tno matter at that time. 5. Where such an order has been mnfle during vacation It Is voidable , not void , and In the absence of proof or showing to the contrary It will be presumed tha ; the assent to the authority to make It at that tlm was given. Hansen against Ber- qulst , 9 Neb. , 2G9. 6. If a Journal entry of a hearing- and determination of a matter recites that a party to the. action noted an exception to a. ruling1 or order It will bo presumed that such party was present In person or by counsel. Hose against Burr , 43 Neb. , 353. 8109. Leonlmrdt against Citizens' Bank of Ulysses. Error from Butler county. Af firmed. R , can , C. 1. A fortncr hlp engaged In banking transfers Its assets to an Incorpoiateu bank in w.nolderatlon of certain of its stock , siu.innteclng the payment of the notes transferred. Two of the co-partneis became president and cashier respectively of the Incorporiited bank. The latter by these officers renewed nnd extended the. time of payment of a note transferred to It by the co-partnership. Suit by the In- corporate ! bank against the. co-partners on their guaranty to recover ths debt evl- dcnced by the note which hnd b en re- nowed. Held , under the circumstances the renewal of the note was not a defense of which the co-purtners could avail them- I selves. Z. A Joint motion for n new trial by two pr rnoro parties If not good ns to all should bo overruled. 3. Where co-partners engaged In banking transfer t th lr assets to an Incorporated t ) n ! : , guaranteeing the paper transferred nnd become stockholders of the Incorpo rated bank and some of them the man agers thereof , a compromise and settlement - mont of the liability of the eo-partner- ship J and the Incorporated bank by Its managing officers Is voidable at the clec- tlon t of Incorporated bank , unless in such settlement the full amount due on \ the guaranty Is paid or the settlement Is authorized or ratified by the stockholders or board of directors of the bank , the. co- partners j not voting ns stockholders or dl- rectors. 4. The evidence examined and held not to ' sustain the defense of payment Inter- j.o ' d by the defenlants Lelcw. 5. A co-partnership engaged In" banking transferred I Un assets to an incorporated bank 1 under a written contract of guaranty In the fijliowlnt lingunze : "All bills ro- celvablo taken by the new bank are to bo fully I guaranteed by Leonhardt Bros. & Co. { and such guaranty to remain on nil bad and doubtful paper until same are collected. " Held , a guaranty of payment nnd not of collection. S237. School District 67. Sherman County ngnlnst , School Dlsirlct 24 , Sherman County. Appeal from Sherman county. Alllrmed. Norval , J. 1. No cause tef action will nccruo to a school dlrtrlct , ns a corporation , ngalnst the county superintendent for the manner In which he may change boundaries of such district. 9853. McVey against State. Error from Douglas county. Affirmed. Ryan , C. 1. Preliminary to the Impeachment of a witness because of Inconsistent statements made at a previous time the attention of the witness chauld be called to the time and place whfro such alleged statements had been made. 2. If It Is sought to Impeach a witness because she In a prostitute , Inquiry shouh bo made as to that fnct , and not with reference to habits which are not chnr- ncterlstles peculiar to prostitutes alone. 3 , Instruction examined nnd held not to stata that the presumption of Innocence exists In fnvor of the accused when no evidence has been Introduced , 8269. Wright against Stevens. Appea from Douglas county. Affirmed. Harrison C. J. 1 , A person designated In a decree o forcclofuro of a mortgage of real estate to conduct the sale Is not required to take and file nnoath. 2. If such action hnd been necessary or required In the absence of proof in the record to the contrary , the presumptloi would provull that there had been a com pllar.co with such requirement. F271. Farmers' Bank of Kearney ngnlns Oliver. Krror from Buffalo county. Af firmed. R > nn , C. Whsro a usurious loan has been repeat edly renewed and the note ? evidencing tin Indebtedness have been taken In the nam of a bank or of Its cashier. Indifferently nnd each transfer has been after dueth holder of the final notn who prose' utes th action does so subject to any defense of , ' usury which mlBht hav * been set up | l against said note or any of Its antecedents , i ( .270. David ngnlnst Sehoneborg. Error from Mndlson county. Affirmed. Ryan , C. ' In the trial , for the purpose of nsccr- talnlne whnher or not a deficiency Judg- mpiit should bo rendered , It la not prcj- udlelnlly erroneous to receive In evidence I copies of the pleadings and of the return of the sh'rtrf on the order of sale , neither ' Is It prejudicially erroneous to permit thn clerk of tha district court to testify that the costs have been paid out of the pro ceeds of the foreclosure enle. 82(8. ( Equitable Trust Compnny ngnlnst O'Brien. Error from Douglas county. Af firmed. Norvnl , J. 1. All material allegations of new mat ter In the unswcr. which are not put In Ittue by n reply , will bo taken as true. l and need not bo proved , 3. Where a Hen Is sought to bo enforced for the nonpayment of sptclal taxci , the ' person nf&ertliiK the Hen hns the burden of showing Its validity 3. The city council of the metropolitan class hHfl no JurlRdlnllon to puss an orul- nance levying special taxed until , an r board of equalization , U has nsi-ri'lalii'-d . the amount of special benefits to be HK- penned apalnst real cstat ; , and sections 73 and 85 , chapter 12. Comp'Ud ' Mntutss 1SK7 , require notice of the slttln ? nt niirli board to be given for at leant ilx ditya urtor thereto In the official paper of the city 8155. Oosmunt ngalnst Gloe. App'ul from Lancaster county. Affirmed. Norval , J. > The rlcht of the. owner of real estate to redeem the same from sale under an execution or order of sale Is purely statu- tory. and he must avail himself of the rlfihl prior to the confirmation of the sole. 2. The failure of the purchaser at a Judl- clr l pale to pay the amount of the bid prior to confirmation does not render the unlo void , nor dc < i It .xtcnd the statutory period for redemption. peW IflWB. State PX rcl Boclcty. Home for the Friendless * ngalnst Cornell. Mandamus. Writ nllowed. Irvine , C. . . 1. ! I'nder the constitution every claimant against ( the Mat * lias the right to liavo the auditor examine nnd pnn upon his claim and to appeal to the district court from nn adverse decision. I. Statutes ; conferring power on other otll- cern to examine claims nnd requiring the approval of such other officers before the claim M paid , lire at the most requirements a "to 'evidence'"T'hcy"Vnnn'oY deprive the auditor of the power of passing on the claims or the claimant of the right to ap peal. 3. The auditor In required to keep n rec ord of his action on claims. A memoran dum made on a voucher returned to the claimant , Is not such a record. 4. The auditor , If his records arc by mis- tnko or otherwise made to Incorrectly state his action , may correct them by mak ing them show what was actually done. 6. If the auditor refuses to examine or pas * upon a claim , tills court. will not examine Into the merits of the claim as n means of determining whether action would be available to the claimant. It will compel action and leave the merits to ue examined In the manner provided by law. S253. Adams against Nebraska Savings nnd Exchange Bank. Krror from Douglas county. Kevcrsed. Irvine , C. In computing the "amount In contro versy" to ascertain whether a cneo Is within the Jurisdiction of a Justice of the pcaeo. ( Interest accrued at the time of suit 01 un Interest benrlng debt should bo con- 01si 2. It i not the amount which the bill of particulars shows the plnlntlff might claim , but the actual amount of his demand , which ascertains the Juriisdlctlonal amount. 3. Where there Is n variance in respect to the amount demnnded between the bill of pnrtlculnrs nnd the writ , the writ controls. 4. Where the dofcndnnt failed to nppenr the Justice of the pence had Jurisdiction of the subject matter , the amount for which he might render judgment according to the fnco of the writ and the indorsement hcreon \ being less than $200. C. A vtntcmcnt of plaintiff's demand in he writ nnd Us Indorsement as J150 nnd nterest , without specifying the- rate of in- crcst or the time for which It was ; de manded , authorizes Judgment by defaulter ' or only $160 nnd Interest from the com mencement of the action. 6. While th.B court will not reverse a case itc errors not called to the nttentlon of the district court nnd specifically assigned In his court , nevertheless , when , In passing upon : the asslgnmenta of error property made , It Is disclosed that they nro not well nken becnuse of nn unnssigned error , of which the defendant In error must avail himself to defeat the assignment ! ) made , and : which this court must pass upon to decldo the case , such error will bo cor rected. _ . S291. Lamb against Lynch. Brror from nuGlns county. Heverred. Irvine , C. The rule against perpetuities Is nlmed ngnhst undue restraint on alienation. A devlso to a named bishop nnd his successj ors , without such restraint , docs not offend against the rule. , 2. Non-expert witnesses can be permitted to express opinions ns to the sanity or insanity - sanity of n person only when they have shown other sufilclent qualifications and have stated the fncts and circumstances upon which their opinion of mental condl- . , . -Aiiu court having of Its own motion In structed the Jury as to the bearing of the testator's conduct , previously to executing a contested will , on the question of his mentnl condition nt the time of such ex ecution , It was error to refuse " > lngt"\J- \ tlon. correct In law and applicable to the evidence , as to the bearing of his subse quent conduct on the rame Issue. i 10W1. State of Nebraska ngnlnst Eugene Moore. Error from Lancaster county. cetd.onRT"'chapter [ . * . . . . Compiled Statutes-general statutes of 18.3 . , chapter 33. section xxxll-rolatlnE to fees paid by Insurance companies for services performed for them by the auditor was so far modified iiy the constitution of 187J as to require such fees to be paid In advance to the state treasurer and prohibited the auditor of public accounts from receiving hem. Moore against Thn State. 74 N. W. 319. 2. For nil wrongful acts or omissions of n public officer within the limits of what the law authorizes or enjoins him as such officer his sureties are liable. 3. But such sureties nr - not liable > for moneys collected and embezzled by their principal unless as such officer he was au thorized by law to collect or receive such 4 1 no'law required of the insurance com panies transacting or desiring to transact business In the state to first pay certain enumerated feee into the utnto treasury. The auditor of public accounts collected from the Insurance companies these fees , nnd embezzled thorn. Held : that his sure ties were not liable therefor. 8019. Olcson against Lamb. Appeal from Lancaster county. Reversed. Irvine , C. An attorney may not purchase at Ju dicial sale property in which his client Is Interested. If ho do so the client , nt his election , may treat him as a. trustee. 2. But the client , by afterwards dealing- with the attorney as the ownar , may ratify the purchase or estop himself from claimIng - Ing I the > benefit thereof. 3. If the attorney conceal from the client material facts which might affect the client's ' ownership , dealings with the at torney on the basis of the latter s owner ship , but In Ignorance of such facts , will not prevent the- client , on learning the fncts , from then enforcing the trust. 4. A contract between two persons whereby one of them Is to bid nt n Judicial sale , with provisions for subsequently handling the property on behalf of both , will be upheld , when the Intent or effect was not to chill blfls or prevent competi tion , but to permit a bid to bo made on behalf of both , where neither could bid alone. . B. An attorney who purchases a Judgment , aealnst his client may recover thereon only the amount he paid and not the fuce of the Judgment. C. svhllo a constructive trustee , for actual fraud , may bo denied rcimbursemont , this rule will not be. extended to a case where the circumstances raising the trust were not directly the result of the fraud. If there was fraud In collateral matters this may bo compensated In the accounting. 7. A contract rescinded for fraud In re scinded In tote , and nn adjustment of matters - tors growing therefrom must proceed on both sldCB Independent of thft contract. 8. A constructive trustee who Is charged with rints should bo credited with his reasonable expenditures , nnd may bo nl- lowed a reasonable compensation for man aging the property. 9. An attorney who purchases for his own benefit will not , In a suit to declare a trust , bo allowed compensation for pro fessional services In procuring the sale to bo confirmed. 10. A claim owing to a firm of which the defendant was a member cannot be set off against debts owing by the defendant in- dividually. 11. An attorney owned In his own right ono of several Hens upon property under foreclosure. A sale , was had and to pro cure a resale he offered to bid a certain sum. On the resale he bought for $1,009 less than his ofler. To procure confirma tion ho remitted $1,000 from his own Hen. Ono of his cl.cnts held a lien of equal pri ority , and the bid actually made was In sufficient to pay this class. Held that on nn accounting the client WOB entitled to fiuch share of the $1,000 ns ho would have realized If the bid had been that much higher and no rcmlttltur entered. 8.S2 , Westervelt against Baker. Error from Hall county. Alllrmed. llngan , C. 1. A national bank loaned a customer a sum of money greater than 10 per cent of Its capital contrary to the United States statutes. The customer's wife slsncd the notes given for this loan as surety. Held : In a suit upon the notes the wife was not estopped from Interposing her overture und that she signed the notes as auruty n a defense. The court adheres to the construction placed by It upon the "Married Woman's Act" In Grand Island Ranking Co , vs. Wrlsht. 74 N. W. , S2. t'02J. Bwnln njjalnst Bavngo. Error from Gage county. Reversed. Harrison , C. J. 1 , In an action of replevin , the court ile- termlncd that the writ was In Its incep- t'on unauthorized and the court without jurisdiction and rendered a judgment of dismissal of the plaintiff's action , coupled with un order to Impanel a Jury to Inquire of the right of property nnd possession of defendants nnd their damages. Hsld , a , llnnl Jud.vncnt In the action ns to plain- 2. A petition or affidavit In replevin may be amended to make general statements moro npedfio nnd nioro definite that which Is Indefinite nnd such nmtmlniBiUa may hnvc relation bnck to the inception of tha cnuce. S37. < . Held , Murdoch & Co. Against Pan- ska. Rrror from Cnos county. Hoversed. Norvnl. j Bulllvnn , J. nnd Ragan , C. , di SB en tin i. . 1 , Affidavits In support of n motion for contlmmne-e will not bo reviewed by thin rourt , unless they have been embodied In a bill of exceptions. " , A summons tn an notion 1n replevin brought In the county court must bo made rotimmblo within twelve duys from Its Jnte 3. Whern a. writ of replevin Is quashed , on motion of thn defendant , for defects tppcarlnrr on Its face , a judgment for a ixturn of the property ennnot be given , nor or the vnluo thereof nnd damnirrs. 4. Gnrber against I'almer , 47 Nob. , 699 , nnd Ahlmnn against Meyer , 10 Neb. , 64 , Jlstlngulshed. 5. Act of the legislature of 1875 ( see. 193 , u iodo of civil procedure ) nmcndlng the pro visions of enid ( ode relating to actions at replevin Is void , ns containing no provision for the repeal of the secton amended , n required by the constitution then In force , TODAY'S WEATHER FORECAST Temperature Vnrlnlilo nnd Sklri Knlri Wind * Woterlr nnd Prob- nblr Fnlr Wcdncmlny. WASHINGTON , Oct. 10. Forecast for Tuesday : For Nebraska Fair Tuesday and probably Wednesday ; variable temperature ; winds mostly westerly. For Iowa Fair ; cooler ; west wlndi. For Missouri Fnlr ; cooler In northern portion ; nest winds. For the Dakotas Fair ; northwest winds. For Kansas Fair ; cooler In extreme east ern portion ; westerly winds. For Wyoming Fair weather : variable winds. I < ocnl necord. OFFICE OF THE WEATHER BUREAU , OMAHA , Oct. 10. Omaha record of tem perature nnd rainfall compared with the corresponding day of the last three years : 1898. 1897. 1S96. 1S5S. Maximum temperature . .73 BO 53 70 Minimum temperature . . . US 45 42 55 Average temperature. . . . . 66 43 4 ! ) 62 Rn'nfnll 76 .40 .69 .00 Record of temperature nnd precipitation nt Orrmlia for this day nnd since March 1 , IMS : Normal for the day 5S Excess for the day n Accumulated excess since March 1 358 Normal rainfall for the day Winch Excess fen the day 67 Inch Totnl rainfall since. Mnrch 1 2.1.39 Inchea Deficiency since Mnrch i 3.1S Inches Deficiency corresp'p period 1897..10.62 Inches Excess corrcsp'g period 1S96 4,2(1 ( Inches Ilciinrtn from Stntlonn nt 8 p. in. STATIONS AND STATE OF WEATHER. Omaha , clear North Platte. clear . . . . Salt Lake , clear Cheyenne , clear Rapid City , clear Huron , clear Wllllston , clear Chicago , cloudy St. Louis , clear St. Paul , part cloudy , Davenport , part cloudy Helena , clear Kanims City , cloudy Havre , clear Hlsmarek , cloudy . . . . dalveston. clear . . . . T indicates trace of nreclpltatton. L. A. WELSH , Local Forecast Official. One of a healthy woman's princi pal charms is her vivacity of car riage the dainty , springy cteps with which she wslti * . The woman wh suffers from weak ness and disease of 'the ' distinctly feminine organ ism , who is troub led with backaches - aches , stitches la the sides , d ragging ging- down or. bnrnhip eensa- , tlons , sick head aches and the multitude of other , ills taut accom pany these dinor- ders , cannot hnva the dainty , bound ing carriage of healthy woman. She will show in every movement that she is a sufferer. There is a wonderful medicine for troub les of this description , that has stood the test for thirty years , ami has been used suc cessfully by many thousands of women. It is Dr. Pierce's Favorite Prescription. It acts directly on the delicate and Important organs concerned and nialccs them strong- , healthy and vigorous. It allays inflamma tion , heals ulceration and soothes pain. It tones and builds up the nerves. It is the discovery of Dr. R. V. Pierce , an eminent and skillful specialist , for thirty years chief consulting physician to the Invalids' Hotel nnd Surgical Institute , at Buffalo , N. Y. This is one of the greatest medical institu tions in the whole world. Dnrinsr the thirty- years that Dr. Tierce has been at its head he has cained the unbounded respect of his fellow citizens at Duffalo , and they showed it by making- him their representa tive in the National Congress , from which position he resigned to eive the remainder of his life to the practice of his chosen profession , He will cheerfully answer , free of char ? : , any letters written to him by suffering ; women. Address , as above. "A few years ajro , " write * Mrs. W. R , DaU , of Dilwortn , Truinbull Co. , Ohio , " I took Doctor rierce'i I'avorlte Prescription. Trlileh has betji a great benefit to me , I m In excellent health tiow. I hope tliat every vroman , who U troubled with 'woratn'o Ills , ' will try the ' Prescription and be benefited as I have been. 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