THE OMAHA DATLY JVEE : TTir-RSDAY , MAY 4 , 1800. 0
BOSDSHEX ARE HELD LIABLE1
. : r
Sureties on Bond of Ex-Oil Inspector Hilton
Must Stand Shortage.
DECISION RENDERED BY SUPREME COURT
TU-nin mlrd ( o Dlnlrlet Conrt
Ili rcf Inn In Knlcr
oil tinVcrillel H > Halm *
! !
LINCOLN' , May 3. ( Special. ) The BU-
prcmo court thUafternoon handed down an
( pinion In the cn o of the bondsmen of ox-
Oil Inspector L. K. Hilton against the Stntc
of Nebraska , In which the plaintiffs sought
to b released from liability on thn bond ,
Judgment luulng been rendered against
them in n lower1 court , The Judgment ,
which was for $5,62i.ui : ; , Is reversed and the
case remanded with direction to the dis
trict rourt to render Judgment on the ver
dict and to certify therein that Milton Is
the prln < * lp.il and that the plaintiffs In er
ror urc Fiirotlcs en the bond.
Ill the district court the clerlt In certify
ing the case failed to state , In accordance
Avith thi ! provisions of the code of civil pro
cedure , that sotno of the defendants In the
action worn sureties. The minrcme court
held that this Is reversible error , although
thn matter was not biought to the atten
tion of the lower court by motion or other
wise.
The action against Hilton and hln bonds
men was Instituted to recover $5,622.50 ,
which ho was alleged to have received for
Inspecting gasoline. The defendants con
tended that the Inspection of gasoline was
not an nlilclal act and that for that reason
the oil inspector should not be held liable
for the amount. No part of the amount
named wag accounted for by Mr. Hilton
when he. retired from office.
The supreme court holds that when the
inspector of. OH ! ! examines gasoline and
places upon the cask in which It la con
tained the statutory brand of condemnation
lie performs an olllclal act and that the
fees received by him Tor the services are
ofllclally received.
The bandsmen In the case nrc Richard
Blaco , W. C. Walton , B. A. Stewart and
John M. MeKcon. According to the de
< r cision of the court they arc liable for the
amount of thn shortage.
The SvIIiiltux.
The opinion of the case was written by
Judge Sullivan. The syllabus Is as follows :
1. When sureties for the purpose of en
abling their principal to assume the duties
and enjoy the emoluments of an office to
which ho has been appointed execute an
official bond containing a recital that the
appointment had bpqn duly made , they will
not be permitted afterwards , when sued on
such bond , to deny the validity of the act
creating the olllcc.
2. In such case the Taw authorizing tno
appointment to ho mr.de la constructively
Incorporated Into the bond and Its validity
alllrmed by the obligor.
3. Under the provisions of chapter ixiv ,
article , 'I. Compiled Statutes for 1897 , It is
the du. , ot the Inspector of oils anil his
deputy to Inspect every oil which Is n prod
uct oC petroleum antl which Is Intended by
the owner to be put upon the market and
cold for Illuminating purposes.
4. The act providing for the Inspection
Of oils recognizes gasoline as a product of
petroleum and contemplates Its Inspection
when kept for Bale as an Illumlnant.
fi. The fact that no grade or quality ot
gasoline' vylir meet the statutory test does
not exempt such oil from Inspection if the
owner Intends to offer It for sale as an Il
lumlnant. . . . .
C. The design of the law providing for tne
Inspection of oils was not merely to pre
scribe a test for those products of petroleum
which might or might not , according to
their quality , be dangerously Inflammable ,
put rather to require an effective Inspection
of every product of petroleum Intended to !
bo sold nnd used In this state for Illuminat
ing purposes. . . . ,
7. A pornon owning gasoline kept or In
tended for sale at an Illuminating oil1 Is ,
under the act of 1897 , legally bound to sub
mit It for Inspection ; and he Is also bound
to pay the Inspector the statutory fees for
the services rendered.
8. The fees so paid are paid for official
purposes and are within the purview of the
Inspector's bond.
0 Tn nn ni > tlnn On a. bond Of a PtlbllC
ofllrpr the sureties cannot successfully defend -
fend on the ground that the money which
their principal unappropriated was received
by him for official acts Irregularly per
formed.
10. When the Inspector of oils examines
gasoline and places upon the cask In which
It Is contained the statutory brand ot con
demnation ho performs nn official act and
the fees received by him for the service
are officially received , althoiiRh the dan
gerously Inllammablo character of the olhas
not been determined by actually applying
the test prescribed by the statute.
11. The presumption that a public officer
has executed with fidelity the duties with
which ho was charged la a mere arbitrary
rule of law , which , loses Its force nnd effect
iveness when mrt by opposite proof.
12. There being in this case evidence that
the Inspector of oils was Indebted to the
Btntu whun ho wont out of office and the
answer containing nn Impl.lcd admission
that ho had not lawfully disbursed nil
moneys received for Inspecting gasoline , the
presumption ot olllcldl' faithfulness does not
obtrln. *
13. The failure of the clerk of the district
court , In recording n Judgment , to certify in
accordance with the provisions of oectlon
Ell of the Code of Civil Procedure , that
Bomu of the defendants In the action are
sureties. Is reversible error , although the
matter has not been brought to the atten
tion of-tho trial court by motion or other
wise.
Hnnor'n CIINO lit Sii | > ruinc Court.
The filing of a petition In error with the
luprotno court In the contempt case of
Mayor Unsor of South Omaha , who was
lined $200 for violating a restraining order
by the district court In Douglas county , will
operate as n suapsnslon of the sentence
Imposed upon him. Commitment In the
county Jail until the fine \n \ paid was a part
of the penalty for the alleged violation of
the order. The petitioners nsk the supreme
court for the usual order of suspension of
sentence until the case can bo beard ,
It will be remembered that the litigation
grew out of n political quarrel , 10 J John
ston , who was acting as challenger at the
registration In South Omaha , secured an
order from Judge Kawcott of the district
court restraining Mayor Knsor , Chief ot
1'ollce Carroll , Captain Morrlsey and Anton
Iludock from Interfering with him or pro
vuntlng him from being present at the place
of registration In the Fourth ward in
South Omaha ,
Thn order was violated nnd Johnston was
forcibly ejected trom the place of reglstr
tlon. All the persons charged with vloiat-
Ing the order were arraigned before Judge
Kawcott , but Carroll nnd MorrUey were
found not guilty. Mayor Ensor and Anton
Hudack were 'adjudged ' guilty , fined J200
each and ordered committed until the lines
and costs \vora paid.
Lincoln Iiocnlplox. .
The controversy over the possession of
the Lincoln hotel In this city has resolved
itself Into a thrco-corncrcd tight. Suit was
How fo Prevent Falling Hair ,
Scalp Humorsjind Dandruff.
Warm shampoon with CUTJCURA Soxr , fol
lowed l > y ll ht drcstlnga with CUTICUIA
purest of emollient ekln cures , will clear the
OCalp and hair of cnista , ecalca , and dandmlf ,
ecotho IrrltnUiipr and itchlnc ; surfaces , Btlmu.
Lito tlio hair follicles , supply the roots \7ltli
energy and nourishment , and thin produce
luxuriant hair , with clean , wUoleaomo gulp ,
rtrcnlly filed ORainst the Lincoln Hotel com
pany by the 1'enn Mutual Llfo Insurance
company , but the hottl company refuses to
let go without getting full credit for certain i
Improvements made , but they state that
they would be willing to give up the Institu
tion to the Insurance company on a favor
able settlement. Mr. Market , who managed
the hotel for a short time several years ago ,
still owes the hotel company $17,000 rent ,
HIP oame having been contracted by ilr.
Shears when Market was connected with
him In business hero. The propositions now
are to settle this Indebtedness In earao way
and thereby settle certain other obligation *
of the hotel company.
The local branch ot the National Railway
Postal Clerks' nesoclatton held Its regular
monthly meeting yroterday afternoon In the
office of Chief Clerk John M. Hutlcr In the
government building. This wcs the first
meeting since the election of officers , all of
whom were Installed last night. They are :
C. C. Wilson , president ; H. H. Yates , AI' .
Kcmplon and W. 0. MacKarland , vice presi
dents ; Charles A. Beach , secretary and
treasurer. The local branch now has sixty-
seven members.
Land Commissioner Wolfe has returned
from a tour of Inspection of the state In
stitutions In Iowa. The trip w.i.i made with
the Intention of securing plans for new
state buildings In Nebraska. Mr. Wolfe did
not get any specific plans hut ho brought
back two pairs of low top canvas shoes
which ho thinks arc- almost as valuable.
Old claims for the bounty on wolves
amounting to over $10,000 have been filed
with State Auditor Cornell. There Is
nearly $45,000 in the appropriation to be dis
tributed direct to the people for the purpose
of satisfying these claims.
Plans for a new boiler house , to bo con
structed at the Institution for the Deaf and
Dumb nt Omaha , have been approved by the
Hoard of Public Lands and Uulldlngs. The
estimated cost uf the building Is $7,700.
The visiting nnd advisory board of the
Homo for the Friendless has reorganized
with the following officers : Mrs. H. J. W.
Seamark , president ; Airs. L. W. Pomorane ,
secretary , and iMrs. A. II. Wolr , correspond
ing secretary. The committee has formulated
rult for governing the homo which will
ho presented to the Hoard of Public Lands
and Uulldlngs for approval. The board ad
journed to meet at the call of the superin
tendent , 'Mrs. ' Jones.
The Westbrook Grain company of Omaha
filed articles ot Incorporation with the
secretary of state today. The capital stock
of the company amounts to $20,000. The Incorporators -
corporators ore E , S. Westbrook , Charles C.
George and William E. Pearse.
MR , SMYTH GIVES HIS VERSION
Attorney General Kxiilnlnn III * Opin
ion IIH to the HIlKllillIty of Untile
Mlrcctorn IIH HiirctlcN ,
LINCOLN , May 2 , 1839. To the Editor
of The Dee : Your editorial in
last evening's Issue on my opinion recently
rendered to the state treasurer. In answer
to the question as to whether or not a bank
director was an offlccr of the bank within
the meaning ot the depository law , as
amended by the last legislature , and it ho
was , whether his signature on a depository
bond would bind him , permit me to say ,
misapprehends the opinion.
It Is true I said that , according to the
better opinion , a director was not an offlcor
within the meaning of the word "officer , "
as that word had been used by previous
legislatures , or as used by all the authori
ties which a careful examination disclosed.
But I also said that even then the ques
tion was not free from doubt.
If this were all , I would have advised
against the taking of directors as sureties ,
preferring to be on the sale side , but It
was not all. Our supreme court , every
text writer , and nearly every adjudged case
on the subject hold that In cases where
persons are forbidden to sign a bond as
sureties , if they do sign , they will not bo
heard to say that they are 'not bound , but
on tie contrary the courts will hold them.
This is the legal phase. Whether in
practice they should bo taken , presents an
other question. Upon that I was not called
to pass and , therefore , expressed no opinion.
In view of the Importance of this matter
to bankers throughout the state who deslr
to have their banks become slate deposi
tories , I ask space for the publication of
this statement. Very respectfully ,
C. J. SMYTH , Attornny General.
Ctrl Commit * Suicide.
GRAND ISLAND , Neb. , May 3.
( Special. ) There was considerable doubt
no to the cause of the sudden
death of Miss Bertha Grecger until
the coroner's jury last night beird the
evidence of the physicians who had made a
chemical analysis of the contents of the
etomach of the deceased and found therein
strychnine. Miss Greeger was found deaden
on the parlor floor by her stepfather on the
evening previous.
A singular fatality appears to have hov
ered over the family. About four months
ago a sister of the deceased attempted sui
cide. Her condition became apparent In
tlmo for the physicians to save her but a
month later she became Insane. Early lu
April this year her mother died.
The elder elster has been qulto despondent
slnco her mother died. In the last few daje
she seemed to her associates to be more
lively in spirits and It was known that she
expected n. letter from her lover. After she
was found cold in death the letter was dl.-i-
cjovercd , It being from George Almandinger
from some point in Iowa , In which the
writer stated that ho would not be able to
marry at the present tlmo , owing to the
fact that ho woo in duty bound to care for
rt blind father and an aged mother. Thjs
letter wns In endearing terms throughout
and the lover expressed the hope that she
would not be heartbroken over the post
ponement. It appears that the girl became
moro despondent and took her life. Tbo ac
was committed while thf stepfather , who ie ,
now absolutely alone In the world , was a
ths cemetery planting trees at the grave o
the mother of the deceased. It was ejiown
at the .Inquest that the relations of the
stepfather to the girl wore th best. The
funeral will take place tomorrow afternoon.
UrtlPfH < i Nntlonnl ( iiinril ,
LINCOLN , May 3. ( Special. ) Adjutant
General Barry today Issued the following
orders relative to the Nebraska Natlona
Guard :
Private Kzra Mahaffey , Troop A , Nebraska
National Guard , Is discharged , to accept
promotion to eccond lieutenant , to date
from April 29 , 1899 : vice Stephen C , Lang-
worthy , jr , , resigned ,
Private Charles Locke , Company B , Second
end regiment , Nebraska National Guard ,
having been elected captain , Is discharged
to accept promotion.
Private James A , Patton. Ccmpany n ,
Second regiment , Nebraska National Guard ,
having bern elected first lieutenant , Is dis
charged to accept promotion.
Private George Pierce , Company B , Second
end regiment , Nebraska National Guard ,
having been elected second lieutenant , is
discharged to accept promotion.
The reclcnatlon cf First Lieutenant Albert
P , Cone , Company C , Second regiment , Ne
braska National Guard , Is hereby accepted ,
to take effect from this date.
The commanding officer of Company 0 ,
Second regiment. Nebraska National Guard ,
win assemble that command at the first
regular meeting thereof , after the receipt
of this order , for the purposa of electing n.
first lieutenant ; vice Cone resigned. Should
this eecUu ! result in other vacancies
among the commissioned officers of the
company election will bo held immediately
to fill the same.
Davea Countv 'IViieliernHH CIIOII.
CH4DROK , Neb , , May 3. ( Special , ) The
spring session ot the Dawes County Teach
ers' association has been brought to a EUD-
ccesful close at Whitney , where a large
proportion of the teachers of the county
( Continued on Fouith Page. )
HARTLEY BONDSMEN BOB UP
Make Another Effort to Avoid Assuming
Rtspoasibility.
SUIF IN LANCASTER DISTRICT COURT
Attorney ( .eiiernl Temporarily Kn-
jolncil from Cnrrjlnw on 1'roiecu-
tlon of CUSP In
County Court ,
LINCOLN , May 3. ( Spcdal Telegram. )
A suit of considerable political significance
was Instituted in the district court hero
ate this afternoon by the bandsmen of ex-
Jtato Treasurer Hartley. The petition In
he case recltcc all the facts connected with
ho giving of the Hartley bond and also
of the bond given by the Omaha National
jank's sureties to indemnify and hold harm ,
ess not only the state , but the ex-treas
urer for all losses sustained by the deposit
of any funds In the Omaha Institution.
The third trial of the suit brought by
ho state to recover from the bondsmen
ho amount lost by Hartley's defalcation is
set for hearing In Omaha tomorrow morn-
ng. The bondsmen gay that under all stat
utes and rules of procedure the state must
first exhaust all Its lemcdiea against the
irlnclpal in the case of the bank before
t can fall back upon them. It Is to com-
> el the attorney general to do this that
he suit Is brought enjoining the attorney
general from prosecuting the pending suit
against the bondsmen or of the beginning
of other suits against them.
The order granted Is a temporary ono In
restraint and a hearing will be had thereon
jeforo a temporary Injunction , which Is In
effect the same , shall bo Issued. This will
bo set for an early date.
The plaintiffs In the suit are Mary Fitz
gerald , C. C. McNIsh , N. S. Harwood , J.
; I. Ames and the other bondsmen of ex-
Treasurer Hartley , and Governor Poyntcr ,
Attorney General Smyth and the Omaha Na
tional bank , with the sureties of the latter
on Its depository bond , J. ' U. Mlllard , E.
W. Nash and Guy C. Barton , are defend
ants.
HAINS SOA1C NL31JHASICA OHOUNIK
S < nrt Orn * niitl Small Grain anil
I'tit Soil In O inl Coailltlon.
GENEVA , Nob. , May 3. ( Special. ) Fif
teen one-hundredths of an Inch of rain fell
yesterday afternoon' ' and the mercury fell
[ rom 84 degrees to 40 degrees , with a north
wind. t
EXETER , Neb. , May 3. ( Special. ) The
past week has given us some very peculiar
and varied weather. The several showers
of rain were very much needed and have
caused a doclded change for the better in
.he winter wheat. A few pieces are looking
Ino and a large number , which two weeks
ago It was believed would have to be planted
In corn , will now make nearly a half crop
with favorable weather the rest of the sea
son.
son.An unusually largo acreage of corn will
bo planted this spring. It looks as It very
little of the fruit Is damaged to any great
extent.
BUTTON , Neb. , May 3. ( Special. ) A
tieavy thunderstorm , bringing a much needed
rain , occurred here yesterday afternoon
and evening. Winter wheat Is looking fairly
well. Farmers arc beginning to plant
corn.
MEAD , Neb. , May 3. ( Special. ) These
parts have been visited by several nice rains
during the last few days and a heavy rain
fell In this vicinity last night. Winter
wheat Is all killed and spring planting
late.
late.PLAINVIEW
PLAINVIEW , Neb. , May 3. ( Special. )
The heaviest rain of the season fell hero
last night. There was considerable wind
at times. The glass front of E. I. Parker's
store was blown out by a gust of wind.
CREIGHTON , Neb. , May 3. ( Special. )
Another splendid rain visited these parts
yesterday afternoon. The people of Crelgh-
ton viewed the clouds with some anxiety ,
as they were whirling In every di
rection. There was a splendid downpour of
rain but no wind. The small grain Is all
sown and some farmers began over a week
ago to plant corn , which will bo greatly
benefited by this rain.
LOUISVILLE , Nob. , May 3. ( Sncclal. )
Within the last week this part of the
county has had frequent rains , wjlth bright
sunshine In between. Several nice showers
fell last night. Most farmers are about
ready to plant corn.
IMPERIAL , Neb. , May 3. ( Special.-- )
Chase county has been blessed with two
bountiful rains In the last few days , \rtilch
are bringing out the small grain In flno
shapei likewise tho. grass on the ranges.
The farmers arc all busy now putting In
ttielr corn crops. The ground Is In elegant
shape for working and the outlook for a
crop Is exceptionally good.
PLATTSMOUTH , Neb. , May 3. ( Spe
cial. ) The spring showers are coming this
way thick nnd fast. Many farmers have
the ground plowed for corn. The foil wheat
Is coming out much better than previously
anticipated. During a shower Sunday the
house occupied by R. D , Blunt nnd family
In Mercervlllo was struck by lightning. Ttiu
chimney was badly wrecked and thirteen
holes were mafic In the ceiling of one room ,
while another ono contained ton punctures.
All of the members of the family were in
the building at the time except Mr. Blunt ,
\vho was in an adjoining building , but none
were stunned by the shock , but all were
badly heightened ,
MONROE , Neb. , May 3. ( Special. ) This
Bcctlon of the state was visited by a very
heavy rain , accompanied by thunder , light
ning and some hall. This rain surpassed
In volume any had this season. No damage -
ago was done so far as learned.
NORFOLK , Neb. , May 3. ( Special. )
This section wcs visited last evening by a
severe rainstorm , Some damage was done
In the west part of the city where the water
rushed down from the hills , torn up side
walks and overran lawno. depositing mud
thereon to the depth of several inches.
DAVID CITY , Neb , , May 3. ( Special. )
Four Inches of rain fell hero yesterday
afternoon and evening. A high wind ac
companied the rnln and a severe electrical
storm. Lightning struck the residence of
Deputy County Clerk Holland , doing con
siderable damage. Mr , . Holland and family
wore in the house nt the time , but fortu
nately were not hurt. The lightning did con
siderable dninago to the lines of the local
telephone company and the electric light
system- The rain was the first this spring
and was needed badly.
RANDOLPH , Neb , , May 3. ( Special. )
Ono of tt\o heaviest rainfalls of the season
visited this locality last evening , thor
oughly drenching the ground. The rain
fell in torrents for about three hours , mak
ing lo prospects for wheat excellent.
Previous to this there had been very little
moisture ,
FULLERTON , Neb. , May 3. ( Speclal.- )
A scvcro storm of wind , rain and hail
struck this town last nl&it ( a few minutes
before 4 o'clock. Many chimneys wer&
blown dawn , outbuildings upset and demol
ished , porches blown away and fcr a time
I'M streuto were flooded with water , The
greatest damage In town was done to the
High sc'hool building. The teachers had
just dismissed Uio rlilldrvn with orders to
hurry homo nnd all Uio children were safely
away from the school grounds when two
chimneys and the flagstaff were hurled
with great violence from the roof. Ono
chimney fell through the roof , entering th
fourth grade room taught by Miss LaomU
and filled the entire room wild bricks ,
mortar and plaster , It will require many
days to repair the damages , Reports from
the country near town indicate great dam. '
ago to farmers in the destruction of wind
mills , fences , entile xhcds nnd roofs carried
from barns nnd corncrlbe.
Oilnr Connly Anicsiinieiit.
HART1NGTON , Neb. , May 3. ( Special. )
The annual assessment nnd the basis on
which It is being made is a subject ot
much agitation just now in Cedar county.
The assessors nt their March meeting
agreed to assess * all property upon a fair
cash value , claiming that the law required -
quired It.
Heretofore assessments have been made
on the basis of a fractional part ot the ac
tual cash value. Owing to the fact that
but few If any other counties In the state
nrc making a cash valuu assessment It to
claimed now that Cedar county will be
obliged to pay thousands of dollars moro
st.ito taxes than Is Its proportionate and
just share. It Is urged that Uio 1-mlll uni
versity levy recently enacted alone , on the
rash assessment plan , will cost the county
$ S,000 In taxes moro than It Justly ought
to 'pay. It Is also claimed that cash as
sessment and a low levy will ccst thu
county hundreds of dollars In taxes from
coiporntions such as railroads , etc. , whoso
valuations nrc made by the state.
The state treasurer , who Is a member of
the State Board of Equalization , states In
a letter that it tlio cash basis of assess *
mcnt Is carried out that the county will
pay moro than Its Just share of the etato
taxes and concedes the Inability of the
State Board ot Equalization to equitably
adjust the matter. County Clerk Jcnal has
gene to Lincoln to Investigate these mat
ters. A meeting of the county assessors
1-as been called for Monday , May 8 , to talic
over these conditions nnd If thought best to
dcrldo upon another schedule.
DNtrlet Meeting of Itclickulin.
BLAIR , Neb. , May 3. ( Special. ) A dis
trict meeting ot the Rebckah degree of
Oddfcllowshlp was held here yesterday and
last night. Representatives from Fremont ,
Tokamah and Arlington were present. The
afternoon session was devoted to organizing
and Instruction In the secret wdrk by George
L. Loomls , P. S. 0. Rep. Mrs. Grace Hallcr
of Blair was elected president nnd Mrs. C.
C. Dcunoy of Tcltamah 'secretary ot the
meeting. About sixty members of the Ro-
bekah lodge ot Fremont came over nnd
returned on a special train nt 12 o'clock In
the evening. The evening session was de
voted to answering the "question box , "
music , papers en different subjects , recita
tions , etc. The Rebekah staff of Fremont
put on the "beautified work , " which was
pronounced to bo the best staff In the state ,
after which a banquet was served by wel
come lodge , No. 27 , of Blair. All report a
good time and that the first one of the dis
trict meetings was a grand success and will
bo kept up. The place for holding the next
meeting will be decided Inter.
( Mil TcuclicrN All Apply.
SCIIUYLER , Neb. , May 3. ( Special. )
The Board of Education met last night for
the purpose of considering applications , but
action was deferred two weeks on account
of the Illness of D. McLeod. The board was
reorganized , Thomas Bryant being elected
president nnd G. H. Wells secretary. An
unusual feature In applications was dis
closed , every teacher now In the schools
having applied. All will be re-elected. Q.
H. Wells was chosen census enumerator ;
having underbidden V. W. Sutherland $1 ,
who , has been , doing the work fo"r years for
$18.
$18.II.
II. C. Russell , Schuyler's newly appointee
postmaster , is now in charge of the office ,
vice M. M. Huck , whose term expired lu
April. Mr. Huck retires with a good rec
ord. Horace C. Woods is Mr. Russell's
deputy.
IIlNtrlct Court nt HaHtlnp ; * .
HASTINGS , Nob. , May 3. ( Special. ) The
celebrated hog stealing case against Frank
Roberts and Benjamin Williams came up
In the district court yesterday. The Judge
Instructed the Jury that"tt/e evidence was
not sufficiently positive to warrant a con
viction and a verdict of not guilty was ren
dered. .
Yesterday afternoon Lena M. McCormlck | 1
was granted a divorce from Joseph McCor
mlck on the ground of nonsupport. A divorce - j I
vorce was also granted to Minnie H. Parsons - j '
sons from William H. Parsons on the same
grounds.
on n , Clmrcli.
FREMONT , Nell. , May 3. ( Special. )
Extensive repairs are being made on the
Congregational church. A new roof Is being
put on and Improved heating apparatus put
In. The Interior of the church will also be
decorated. Elaborate plans and drawings of
the Interior decorations have been received
and when completed It will bo ono of the
finest church edifices In the state. About
$4,000 will be spent.
ArroHtcd for Itiilxiiii ; RUIn.
FAIRBURY , Neb. , May 3. ( Special. )
Two young men giving their names as T.
W. Kennedy and D. C. Hauck were ar-
Acute and Chronic Catarrh
Of jie nose and air passages
of the head , polypus and other growths
In the na-sal passages positively cur'd
without surgical Operation by this
treatment alone.
THROAT Catarrhal sere throat ,
I Illllm I. acute and chronic pharyn
gitis , enlarged tonsils and pa'ate ,
hoarsene-s , low of voice , paralysis of
the vocal cords and nil forms of
throat trouble ,
IIIMHC Consumption In the first and
LUIXUo. secon ( ] stages , hemorrhages ,
chronic bronchitis , dry or loose tough ,
pains In chest , difficult breathing ,
acute nnd chronic asthma , hepltlza-
tlon , etc. , positively cured by our com
bined electro-medical treatment ,
IIFAD Neura'.E-la , sick , nervous or
III.HI/1 congestive h'adache ; dull , full
feellnt : at basu of brain , loss of mem
ory , dizziness , softening of the brain ,
tumors nnd eczema of scalp.
HFADT Palpitations , Irregular pul-
llLrtltl , sationa , valvular diseases ,
weak and fatty heart , dropsy and
rheumatism of the heart , languid clr-
butiitlon , etc.
KiniUFVC Inflammation of the kid-
niUllt.13. nty , , BrlErht'B disease ,
diabetes , congestion of the kidneys ,
uraemia , crave ! i ) to lie. all scientifically
nnd ucce fully treated by our com
bined electro-medical treatment ,
reeled at Stcelo City on the charge of
passing raised bills and after an examina
tion before County Judge Boyd wcVd held
In $500 bonds , which they were unable to
give. They had a $5 bill which had been
raised to $10 and passed It nn a Steclc
City merchant. The day before they tried
to } ss a $1 bill which had been raised , to
$5 nt Falrbury , but failed to set rid of It.
They claimed to be selling school charts
and had school orders on two districts in
this county nnd one on a district InVrmh -
Ington county , Kansas , which It la thought
are forged. Kennedy claims to live In Ok
lahoma and Hauck says his home Is at Hast
ings , Nob.
Orillnntlon Srrvlcri.
ASHLAND. Neb. , May 3. ( Special. ) A
council of delegates from the .Baptist
churches of the First Nebraska association
met at the Immanucl Baptist church of this
city last night to perform the ordination
services nt that church , Rev. K. E , Ferris ,
the present minister , being the candidate.
The Telyn male quartet of Lincoln was
pnxscnt nnd rendered some very enjoyable
selections.
The new city council held Its first
meeting Inrt nlqht and commenced buslncra
again for the new year. As there was no
remonstrance the saloon license was granted
and licenses were also granted to the three
drug stores.
Klll.-.l ly
RANDOLPH , Neb. , May 3. ( Special. )
Last evening during the osvcro rainstorm
which pafsed over this locality Chris Wagner -
ner and his son , Albert , living eight miles
northwest of this place , were struck by
lightning. The young man was Instantly
killed , as was also ono of the horses ha was
driving. * lr. Wagner's arm was severely
burned , but at this writing he Is In a fair
way to recover. The father and son were
plowing In the field when the btorm struck
them.
TODAY'S WEATHER FORECAST
Uiiclonilnl Sklcn with Higher Tcnt-
licrnttirc I'reillctoil for IOMII
mid .N'i'liraMui.
WASHINGTON , May 3. Forecast for
Thursday :
For Nebraska and Kansas Fair Thursday
nnd Friday ; warmer Friday ; variable
winds.
For Iowa Fair Thursday and Friday ;
warmer Frlda'y ; westerly winds.
*
For'Missouri Fair Thursday , vlth cooler
In southeast portion ; fair Friday ; variable
winds.
For South Dakota Fair Thursday , with
warmer In western portion ; fair and warmer
Friday ; westerly winds.
For Colorado and Wyoming Fair and
warmer Thursday ; fair Friday ; variable
winds.
Ioral Hccoril.
OFFICE OF THE AVEATHER BUREAU ,
OMAHA , May 3. Omaha record of tem
perature and precipitation conipnr = d with
the corresponding day of > thc ! ast three
years :
1803. 1S03. 1S97. ISOH.
Maximum temperature . . 72 51 GO 74
Minimum tempernture . . . 45 4fi 4t M
Average temperature . . . . ES 50 Sj 65
PrscipTtntlon 24 T .00 .01
Record of temperature nnd precipitation
at Omaha for this day and since March
1 , 1SDO :
Normal for the day 55
Excess for the day 3
Accumulated deficiency since March 1..2 o
Normal rntnfnll for the day 13 Inch
Excess for the day 11 Inch
Tot.il rnlnfnll since 'March 1 2.01 inches
Deficiency since March 1 241 Inches
Deficiency for cor. P'rlod. 1SDS 1.01 inches
Excess for cor. period , 1897 2.12 inches
Ilci > ortH from Station * nt S i > . 111.
STATIONS AND STATE
OF WEATHER.
19
a
Omaha , clear .00
North Pliittc , clear . . .00
Salt Lake , clear . .00T
Cheyenne , clear T
Rapid City , cloudy . . . . . .00T
Huron , cl.ar T
Wllllston , snowing . . . . .If )
Chicago , cloudy . .00T
St. Louis , cloudy T
St. Paul , cloudy .01
Davenport , cloudy . . . . .05
Helena , partly cloudy IUi .03
Kansas City , clear . . . . GC ! .00
Havre , cloudy .00
Bismarck , snowing . . . . .01
Galveston , cloudy . . . . .00
T Indicates trace of prsclpitation.
I. . A. WELSH ,
Local Forecast Official
faoos Exhaustion
a is relieved by i
fasf orsS's ' Ae ! pftaseti' I I
Tnke no Substitute. I
I
Thousands of lives have been
saved by WARNER'S SAFE CURE.
Thousands of men and
women keep in perfect health to
day by WARNER'S SAFE CURE.
Your life and health are too
precious to be trifled with.
Take WARNER'S SAFE CURE.
Most of the fenrfu 1 ailments of life cnn be trnretl to n de
rangement of Uic nervous system , ti > nernlly originating In dis
eases of the eoneratlvo organs. Kvcry surtersr wants a cure
that will effect n cure In the easiest , quickest nnd least public
manner ; therefore , I do not enter upon n lengthy dlsvurslon
nnd lonc-wlnJd treat Ise ns to the caujii of vour trouble , re
sorted to by quack * , who only do HO to confound nnd frlchten
vou. you are probably well aware of the cause ot your preoeilt
wfaunets. DrutTs n.id the ordinary course * of tr.'atmentvl'l
[ , not euro vou proiinbly you are nwnre of this fact to your sor-
| | row. Electricity will -.perdlly , safely nnd suwly euro you
sound nnd well ns-nin. nnd I will cunranlce It , if you will apply -
this Important clement of life through thi agency of
DR. BENNETT'S ELECTRIC BELT'
ntoctrlclty Is the Nerve and Vita ! force of every man nnd
woman , and without 11 you could not llvo a moment. When
there Is a lack of this Eloctrlcity or Nerve Forc.i In the sys-
( in , you cnn never b well and strong ntMln until It Is asivln
Miiollcij. Nature will not u | > nly It , for Nature has been Im
posed upon nnd refuses to act. 1 will forfeit $1.000 If my liloctrlc
Holt does not generate a genuine current of Electricity that you
c-nn Immediately fee' Is four times stronger than any other
bflt on earth.
Has sott , illken , chamois-covered spontro electrodes that
cannot burn and blister , as do the bare metal electpoJes u\jil
In all other maken of belts I uuarnntec my Belt to euro
Seminal Imtintcnov , Lost Manhood , Spermatorrhoea. Varlrocolo
and aeneral Debility ; roitoro Shrunken and Undeveloped Pnrts ,
euro Rheumatism In nny form , Kidney , Liver and Bladder Trou-
boR. : Constipation , D.vr > c : > * la. nil Feimle Complaints , cto.
Call upon or wrlto me today 'acredly eonlidintial do not delay , drla\n ore dnn-
fperous iret Kymptom Wrtnkn. books nnd literature. Consultation nnd ndvleti without
cost. My ELECTRICAL SUSPENSORY for the cure of the varlnUM wcnhnonses oC
men , Is given FRTIE to every male purchaser of on * of my Belts. Sold only by
RPN N IPTT KLIiCTUIC : COMPANY , Kooms'SOaml C .
L\ . Douuln * IHk. , Omaha , Nob. , IGtli & Din ! ; .
Known everywhere by Itn
blue wrapper and yellow label.
Is blended from the best varieties of selected
coffees , roasted by the modern Baker process
and packed in dust-proof boxes , containing
one pound , unground
It is the Best Coffee obtainable and you should by.qll means
try it at once. If your grocer does not handle it , send us his
name with your order and you will be promptly supplied.
Order it Quick ! ? lbo
Satisfied !
Imported and Roasted by BAKER & CO. Minneapolis , Minn.
01 A HANDFUL OF DIRT MAY BE A HOUSEFUL -
FUL OF SHAME.5' KEEP YOUR
HOUSE CLEAN WITH
jf CURE YOURSELF !
( Ultr.s'Xtta , Ueu Mg IS for unnatural
6J j' . a dlacharKOs , lufluaiuiirloii ] ,
H irritation * or nlcirutloim
itrl.turi. of mnroiiR iMciiilinitus.
The grandest combination iPreTcnti rnaulon. 1'nlnlrfitt , ami i.ot uBtrln *
on earth for cleansing , purl- . JTHtEyA'IsOHEMICAlOO.c'nt ' or Polrn-ioiia.
fylng nnd beautifying the ' CIMI TIO.E ; a SolcJ ' ' " nrnRClNld ,
skin and complexion is WOODBUnV'K F < i-
. . . u3yror 8(1Dt 1" pliln .
wrnppor.
' C. 3. A. >
oial Soap and WOODBUUY'S Facial Cream xcif,3i/ > i * ij ( by oxpri'RS , pri'pnid , fu ;
No sclenit'flc truth wait ever more wonder- 54 53 1 ' ' ' $
, . . .
; $
ful than the results accomplished by thMr fo
use In the toilet and bath. Sold everywhere.
REFERENCES : Best Bunks and Lending Business Men of this City.
Health and disease are conditions on which depend pleasure or wornw , liiiupl-
IICIIN or uiiliujMiliipHH , Mirci'Hw or fallurr. llenltli makes a man cuuiil to any
ciuerifisncy. IJHCIIMU makes him unequal to the ordinary duties of life. It Is
" " > °
eL"wh"n Kl ectrlclty falls to cure , when medicine falls to cure , RO to the State Klectro-
Medlcul Institute and let Its Electrical and Medical Specialists prove to you that by
their combined electro-medical treatment they can cure you even when all clas haa
Effective as either medical or electrlc.il treatment has proven to be when used sep
arately under proper .vl'Mse , the combining of these two great curuUvo. agents by
these eminent Sp clallsts produces a curative power never before obtained , nnd JmpLec.1-
blo to hecure by eithw medicine or ehctrlclty used In the old way nlone. Does ! t
not appeal to your IntPl'lKenci' that th etwo combined will accomplish more than
used separately ? These. , iblc anC nroxrtsslve Specialists nrc todiy achlovlncr most
wonderful results in curmi ? XIJIIVOITS , CHRONIC AND BLOOD Diseases unfl u.11
dlfllcult diseases of MEN AND \VOMKN. , , , . , . , , , ,
„
A cordial Invlta-lon Is oxtrndcd to nil physicians or specialists havlnc difficult or
stubborn cases to brlnj- their patients to the Institute for trojnr.tfiit under its Im
proved syst m. Some diutorn lull because of treating- the wror. , ? d'Hcase : others
fro mnot knowing the ruht troamcnt. vo MI STAKES AMO [ MIMUIKS.
In seklng terrutment the following qualifications should bo take nlnto consideration :
Ability , experience , skill and an established reputation for
TT
i B
All of which arc possessed by the Sp clallst of this Institute nnd are necessary for the
successful and satisfactory treatment of any disease ,
Among the- many diseases and troubles in which the SSito Electro-JIedlcal Institute
a Perfect Cure are 'She
Inflammation , cystitis ,
cystcrrhoert , catarrh of NERVOUS DEBSUTY nnd all Its at
the bladder. These distressing diseases tending ail
eases Invariably yield to our system ments of YOUNU , MIDDLE-AGED and OLD
of combined treatment ,
Men , The awful effects of neglected or im
LIVUi orLLLlnver A disease jaundice. of the properly treated cases , causing drains , weak
sclerosis , ca.Utone , conscatlon ( and all ness of the body and brain ; dizziness , fallIng -
oreanlc and functional disorders , Ing memory , lack of energy and confidence ,
BowelB dlarrhooa , dysentery , Inflammation pains in the back , loins and
kidneys and
mation and all nervous and reflex dis
orders ; rheumatism , many other distressing symptoms , unfitting
ono for study , business or enjoyment of life.
CTflfHAfll Catarrh , ulceration and
OIUIII/\lillt / dyspepsia , Indigestion , Our special treatment will euro you , no mat
weakness , pain and fullncBS after eat ter who or what has failed.
ing , heartburn , etc.
Wit ITU If you cannot call. Letters confidential nnd answered In all languages ,
Wo have the most successful home treatment known to thw medical profession , nnd
thousands who were unable to cull at olllco have ben cured at home by our special
treatment.
treatment.CONSULTATION FREE.
i CURE GUARANTEED IN EVERY CASE ACCEPTED.
Oiicn 8 n , in. ( o H 11. in , Kuiiilayn , JO a , in , ( o 1 ji , m.
State Electro-Mica ! Institute
1308 Farnam Street , Omaha , Heb ,
VARICOCEIF nnd ill
Hydrpoelo (
'
V'V UULLIswellings
V swellings , tendenicss
and impediments of the sexual parts
tjulcklv nnd completely ctirrd.
PDIl/ATP / diseases of nature
every ,
i ( limit.
scet ) nnd al , veneroaf
qulcltly and permanently
cured ; weak and atrophied on'nnu restored -
stored to their natural vluor and func
tions ,
BLOOD AND SKIN ( | iM bo , sores ,
Onol3i , ; ! „ , „ ] „
Hcrofula , taints , tumors , tetter , eczema -
ma , Halt rheum , rliiu worm and ac-
qulred blood polnon In all lu forms
thoroughly eradicated. Jcuvlntr the ays-
tun In n strong , pure and healthful
condition ,
nilPTIIOF nuickly cured without use
HUI IUHL , , f the knfe ) or , ruaSi atlll
Without detention from liualneaa , A
pure and permanent cure ,
AcutB unj chronic
rheumatism in nil
Itn forms such as enlarged nnd Btlf-
fened Jolntn , miibcular rheumatism ,
lumbago , srlatlca , etc.
DISEASES Of RECTUM > fl
( hemorrhoids ) , Internal or protruding ,
ltchliiH , excoriations , etc. . porflviy | :
cured without the use of knife.
AM * DIBRA8KS of WOMEN most
successfully treated and promptly
curfd by this Combined Electro-Medi
cal Treatment.