5, 1004.
ia
THE OMAIIA DAILY BEE: SUNDAY,
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i'
HESMOSADKYOUXCUMiHA
Dr. Giorgs I I' llr CI lU of Leaden o.'
Fifty Yian Ago-
COURAGE AND CU JU .it M ' RKtD EACH ONE
BiftM Spirits ii1 lirro Mlads Who
'Withstood i:Jort to I sroot
tbe frt.mfo'. and Who
Flimllr Won (lie Dir.
Dr. Georgo I MlUe., Omaha's earliest
physician and ono of us mcst dl ulr.guisiied
citizen noted as an rdltor, publicist i.nci
promoter was asked to relate something
concerning the men who helped to estab
lish Ortaha In Its first phase In tnc '60s.
Be said:
"This site wai first Selected and occupied
by an Iowa man whoso home was In Coun
cil Bluffs, William D. lirown, tlio fathoi -Inlaw
of Alfred Sorcnson, cdltcr. of the Ex
aminer. Other men from Council B ulta
and Iowa secured the property In part from
Mr. Brown and organized Iho Cour.c.l li.ufTs
and Nebraska Ferry company, Mr. l:rov.n
being tnemhfr. Thew men were Dr. Enos
1-owe, president of the company; James A.
Jackson, Samuel S. Eayllss, Charles II.
Downs, who still liven In this city; J'-nse
Williams of Iowa and other of Council
Bluffs, who afterward were Joined by Gen
eral Bamuel S. K. CurtU, father of our fel
low townsman, a distinguished soldier, of
the union army, commanding at the battle
of Pea, RlUgo.
"Those were tho men who eierted the
Influence which brought the first settlement
bera In 1864. The pioneers were young men
With a few heads of fa ml lien, who built
temporary homes, sparse In number and
scattered over a narrow spare near what
ia now Twelfth and Farnam streets.
Cumlnar Made It the Capital,
"What decided for this place Its first be
ginning and prosperity was the act of
Thomas B. Cuming, which located the cap
ital at Omaha. Cuming was the governor
' of the terttory after the death of Hurt. He
was the ruling spirit In all matters con
cerning what was then called tho capital
question. He was one of tho most brilliant
men ever In this part of the west, cither at
that time or since. Around him In the de
fence of the location of the capital, which
became a, crudul public question, the Issue
being Its removal, were gathered a very
remarkable data of men of about his own
age, and he was only 2ti. Elections were
ordered by him by proclamation and a leg
islative body waa oroated consisting of a
territorial council and a house it repre
sentatives. "Every Interest outside of the town of
Omaha, and especially In the southern sec
tion of the territory,, among the settle
ments along tha Missouri border, was ar
rayed against Omaha. These Included the
rival towns of Florence and Bellevue.
Omaha waa on the defensive against all
combinations In tha legislature, and among
the most forceful, und actually the most
forceful men In the legislature and out
of the legislature, who saved Omaha In
the congest which continued for years, from
being supplanted as the chief city of this
part of the stato by Florence and Bellevue,
wero A. J, Poppleton and A. J.' iianscom,
never forgetting Cuming, who was the real
power In tha executive position. The men
of Iowa whom I have already mentioned
also exorted a great Influence, being far tha
most part on the ground aiding and assist
ing In maintaining Omaha as the capital
of tha territory,
How History Waa Mad.
"Tha removal of the capital to Bellevue
or Florence meant the extermination of
Omaha, just a lta maintenance hero de
stroyed Florence and Bellevue. Florence In
those years was even a larger town In popu
lation than Omaha was until the govern
ment of the United States decided, after the
permanent oepltol was erected here, that
It could not be removed during the terri
torial period,
"I speak of Mr. Iianscom as perhaps
tho most forceful man among us, and I
know positively that on two or three oc
casions that but for htm, Dr. Enos Lowe
and James A. Jackson of Council Bluffs,
the town would have lost the struggle.
I do not say that there were not others
who contributed' to the result In various
contests. One of these was B. R. Folsom,
e representative of Burt county, and one
of whose family Mrs. Orover Cleveland
was a daughter. He, as a member of tho
counotl, and Governor O. D. Richardson
and A. D. Jonas of the same body, were
always steady In support of Omaha,' but
the fact that Mr, Iianscom was made
speaker of tho house and Mr. Poppleton
was the head of tbe Omaha delegation,
the speaker being very able as an execu
tive officer and manatror and Mr. Poppleton
being unequalod In debut and In readiness
to thwart tho opposition, mado them con
spicuous faotors In the defense of the city.
Meat Who Were Active.
"As we 00m e along to a period later
than tho first and sarong legislative ses
sions, there were quits s number of men
hers In the 00s ot education, legal talent
and business vigor and energy, who bulllj
up the town In various directions for the
first three or four years. Among them
was the late William N. Brers, who was
actually the- founder of Denver and of
the Rocky Mountain News, the Denver
. paper which has done so much for the
' Rocky mountain country. Mr. Byers was
a surveyor of public, lands and a dealer
In landed and city property and waa a
Very active and energetic man. Others
wers a E Rogers, who Is still with us at
tha age of 85; General John M. Thayer,
afterwards winning rrnown In the civil
war, afterwards United Btates senator, and
after that governor of Wyoming, and sub
sequently governor of his own state. lis
Is now living at Lincoln, Among the men
Stomach
YOUR DRUGdIST
This cffeP ghoultl Interest every gnf-
ferer from a disordered stomach, ca
tarrh, Ir.dlKrstlon, constipation, asthma,
long troublo or any other affliction arle
tag from an unhealthy condition of the
mucous meralnaue lining of the month.
'bronchial tubes, lvnga, atomnch or In
iteatluos. If yon nre a ufferer from
any affliction of those parts tend us
your namo and addri'8, naming the
complaint you hare on the coupon be
low, and we will instruct your ilrusglst
to give you a full size fiO-cent bottle of
Milks Emulsion, for which we will psy
htm. This la our proof to yon thut
Milks' Emulsion will cum you. We ask
jfor no inouey. We only' want you to
take our niedlclne at our rspensa ao
that you can Judge for yoursolf tho
truthfulness of our clnlma, ,
Why You Don't Got Wall.
tr run tisvn sufTeml Inns from any of
'these afflictions you liavo, no dtvibt. Irld
; roost of the nostrum presennea ror
such dioeaaea. You ait) still olek-prob.
bly are worse off than aver before
land now we come to you with a cur ao
aUiuta toA ctfUUtUtwa to tuy j
of business In the latter EOs came J. N. II.
Patrick, his brother, M. T. Patrick, and
his father, John Patrick, who were very
active In the beginnings of civil life here.
Among tho merchants of that day were
John McCormlek, Jessie Lorey, his part
ner, Milton Rogers, Samuel R. Brown. .
J. Brown, Ramlnll Brown. O. P. Hurford.
Etra Millard, Alvln 8a 11 n dors, who was the
wr governor of the territory; John R.
Meredith, nnd John Ksllom. who both did
much for cur religious nrd educational
Institutions; Dr. G. C. Monell and 8. 8.
Caldwell, who was a very conspicuous
figure In our early life.
Powerful ia lljalaess.
"But I can say int m..on- inein all In a
business Ke..ie, 1 wouiu ciass the late
.iiugumbs ivountzc aim ma mother, liei
jkuLi.i.t, yi. ia ine strongest ot ull
the jvoanii-ei., acau -or alive, wuli insru
.uiilara, iirfiWfc.ru . reigntun, a. ti. CaldwcU,
mints cieiiiium, .on., A. CTeigi.ioti, C
. liamiiiuu nd iienry V. tales, as
amoiitf th rtany powenut and suosunUul
me.i t,i ti.e eany uusmess Interests of tbe
ci.j'. I'uty were iiiiiuennal In every ele
ment of uie cany seitioment of tne city,
out 10 go oacK or to go 101 ward, as Uie
ub nic be, 1 do not torget tne Imiiietiao
vuiue ot mo retisiou wont ot n.v. Heuosu
uulou and 11. c Hi. hv. Blsnop o'Uor
man, wt.u wcie iuii of seal in their re
kptcilvu co.ninunlons.
' Ai the oar were such men as the dis
tinguished J. M. wool worm, lion. Oeorge
l.. utc, 101 twenty years cnief Justice of
ihu siaie; George to. Ooane and E. Wake
ley, who also nonored the bench In bom
lecieral and state service; E. Estabrook,
tne lust attorney general of the territory
una turner of tne semi-centennial day ora
tor, Henry D. Estabrook; Henry Ferguson,
A. Hall, chief Justice of tho territory and
father of It. 8. Hall; Jonas Seeley, brother-in-law
of A. J. Han scorn.
Dr. J. P. Peck, Dr. W. R. Thrall and
Dr. it. C. Moore of tbe medical profes
sion, were conspicuous, I, myself, being
the first regular physician who pracilceu
medicine In the city ot Omaha.
One of the Early LIdltors.
"Tho roll of pioneers in Omaha and Ne
braska would not be complete without the
name of T. H. Robertson, one of Omaha's
early citizens. As editor of the Nebraskan
he impressed his personality firmly upon
the young frontier community and leli a
name to be long remembered In association
with the interesting chapter of Nebraska's
early history, He was an active and sturdy
exponent of the Interests of the little
Omaha and had glowing fancies that one
day It would blossom forth as a great pop
ulace center, the homo of varied Industries
and the metropolis of the upper Missouri.
"D. D. Belden was one of the prims fac
tors In laying the foundation stones of the
city of Omaha. During his period of citi
zenship hare he was earnest and active in
promoting any objoct looking to the wel- J
fare and upbuilding of tho then young com
munity which was to develop into a groat
western metropolis. Mr. Belden was mayor
of Omaha during the '00s and In this official
capacity oommended the admiration and
won the confidence of his fellowtownsmen.
He was an uncle of C. C. Belden of the
Arm of Thompson, Belden & Co., the Six
teenth street dry goods dealers. His efforts
In behalf of his town ceased only with his
death.
"Governor O. D. Richardson, already
mentioned, and A. T. Jones and O. O.
Goodwall. who was a member ot the second
legislature, and Allen Root, were among
our active cltlsena, and one ot the mort
modest ot these early settlers, a oarpentar
by trade and then a beardless boy, was
James E. Boyd, who rose to great promi
nence and became the only democratic gov
ernor ot the atata. He founded the first
packing Industry In this city and built two
opera houses, both worthy to bear bis
namV.
"John I. Redick waa a very active and
Influential man and at the bar was very
prominent with his partner, Clinton Brlggs.
Courageous and Caltared.
"These were the men, and men like tbem
young men of good families from eastern,
northern and southern states, many of
them the product of colleges, Industrious,
hopeful and bright of mind, some bringing
wives to this new. land and some coming
single. I say, as I have often sold In the
years that have gone, that probably no
community of Its stse aver contained so
many bright men and so many good women
of education and accomplished manners ss
this little hamlet of Omaha fifty years ago.
"The panic of 1867 literally annihilated
Omaha, driving many of the best of our
young manhood Into 'other states, but the
town was reinforced about 1800 by the dis
covery of gold In the Rock mountains and
soon after by the great national project of
tho Union Pacific railway,
"There were others too numerous to men
tion of the early men of strength and In
fluence, among whom I recall P. W. Hitch
cock, a territorial delegate to congress,
United States marshal and afterward sena
tor, and the father of Congressman Gilbert
M. Hl,rheoek, Casper E. Yost, Major J. W.
l'addoek, his cousin, A. 8. Paddock; W. F.
Bweesey, W. A. Paxton and J. W. Van
Nostrand.
"As you readily understand, I cannot
after fifty years recall at random all of the
men I would Hke to mention In connection
with the first settlement of this city. Tbe
men who I have mentioned, however, are
typical of those energetic characteps who
left an Impress on Omaha that can never
fade,"
LAKE IUOBE."
moaner Tears.
Where are you going to spend this year'
vacation? The Lake Shore railway's book
pf "Summer Tours to Mountains, Lakes
and Seashore" will help you to decide. It
will be sent on application to M. 8. Olles,
T. P. A., Chicago, or C F. Daly, chief A.
O. P. A., Chicago.
Have Root print It
Sufferers Cured.
WILL GIVE YOU A FULL
the first bottlo of your drogglat and give
It to you with our compliments. We do
this In all confidence, becauee we know
MllUs' Emulsion has and ia curing thou
sands ot Just these same afflcltiona from
which you are aufferlng; you ebould not
hesitate in accepting our offer. You fire
the loser if yon refuse, the gainer In
i.utn if v,.it mwnt Ynn are still
sick because the treatment you have
r?rmi.aa "
taken la wrong. The thin membrane
I Uulng of youf mouth, lungs, stomach, ln
jtcsttnes and all the othor food and air
pasmlKe n a u'uvtutmuuu vi lira phujv
tlssne a the akin of your face or llpn.
It is snbject to the anina disorders, and
enn be cured of these afflictions by prac
tically the same remodiea. Everyone
knows thnt cream la the most soothing
of all remedies for chapped lips, and so
riikn Fmnlslon la the best remedy for
ti.n ilia fit tha mncous membrane. When
the membrane la inflamed, ana out oil
the normal condition, tha proper aecre-i
Uom tuc flJjtttn tfctjwf art ayt j'jv- J
i COURTS OF THE EARLY DAYS
Ho Jait'os tfai Administered in tba
Tirritor 01 Hsbmka.
JUDGES OF LEARNiKG AND EXPERIENCE
Mea of Capacity on the Bench aad
Men uT Ability at tbe liar la
the Days When the
Mate Was Yeans.
To the truth of the homely phrase that
"right Is right, and wrong is wrong" Is
attributable the fact that the courts of this
country and the states composing It have
seen fewer changes during the last half
century than any other ono of the Insti
tutions that uphold and have upheld the
Unitod States of America and made them
what they are today. Justice, no matter
how she may be decorated, or whether she
sits In a palace or a hovel. Is blind to her
surroundings and with absolutely but one
mission, and that to punish the guilty and
protect the Innocent. Progress, civiliza
tion and the stress of circumstances have
and must affect tho means of gaining
wealth, the standard of living and the
mural cede, but no matter how these
things may vary, when all Is said and
done, Justice Is the same as she was since
the world began, and will be to the end
of all things. Neither time nor circum
stance can make a crime or a tort any
thing but a crime or tort, and that Is
why the old English common law of 600
years ago, based on this principle, Is tho
base and backbone of every law
that exists In this country today.
While many of the rules laid
down by Blackstone are obsolete as
to their detail, their fundamental prin
ciple Is still that of the statute that was
enacted but yesterduy, and this Is the
first work thut Is given the student to
read and one of the most Important to
remember if he would make a good law
yer. While' the idea of the court has
changed with regard to Its attitude townrd
the commission of certain acts, the method
of procedure is much the same both In
the state and the higher courts as It was
In I,ord Blackstone's time In England,
and the main Interest that attaches Is to
the change In causes that a comparatively
few years have brought about. Partic
ularly is this true of the newer western
states among which Nebraska stands pre
eminent. Among the men who have
grown old as practloners at the bar of
Don (rise county are still some who came .
here In the pursuit of fame and fortune
when Omnhn was little more than a wild
erness and when In place of the palatial
and massive court houso that Is already
too small for the demnnds that are made
upon It, men were tried and differences
settled In the open air and In the friendly
shade of some spreading tree. Judge John
I. Redick was of the first of the young
attorneys to settle In Omaha and. though
he retired from active practice several
years ago, still delights to think of the
days that are gone and to talk Interest
ingly of them.
What Jnda-e Redick Remembers,
"I can remember very well when I first
landed In this city," he said. "No, it
didn't look much as it does now," and
Judge Redick gased thoughtfully out of
the window and down upon the hurrying
throng of people, teams and clanging carts
and cars that crowd Farnam street Then
he continued In a reminiscent way:
"I came to Omaha In October, 1856, and
at that time there was something like
900 people here, some of whom stayed and
are alive and prosperous today, many of
whom are dead and gone, and most of
whom were the scum of the earth, seeking
whom and what they could devour and
floating on from here as they had floated
in. I wanted to practice law, but could
not get an office for love nor money, until
finally J secured room enough for a little
table In a room with several other men
engaged In a t variety of pursuits, but
most of whom were looking for fortunes in
land. Incidentally, I saw more money
change hands In that room than I have
ever seen since. In spite of the fact that
there waa a very lawless element here In
those days, as there was In all western
towns, there was comparatively little crime
committed for the reason that overt acts
were summarily dealt with.
"The oourt room then was In' a little
building that stood on the present iccatlon
of the Paxton block. There wns a police
Judge and some offenders were brought
before him, but the principal regulator
was the "Claims club,' which was sort of
a cross between a vigilance committee
and a board of arbitration. We also hsd
a district court as we hove now, and the
only difference between that court and the
one of the present day was In Its sur.
rounding, and the fact that Nebraska then
being a territory, all causes coming before
It could be appealed to the United States
supreme court at one Jump. Its quarters
were dark and small, but such men as
Judge Hall and Judge Ferguson, were on
the bench end presided "with as much
dignity, wisdom and courtesy, as do the
district court Judges of today. Abraham
Lincoln appointed a man named Kellogg
to the bench that we couldn't stand for on
account of his fallings, end he soon found
it expedient to seek a different climate,
Procedure of Those Pays.
"The methods of court procedure were
but little different In the main from what
they are today, and you will find that some
of the decisions handed down in those
early days will hold good today in any court
In the land. Of oourse, the main object
of all the litigation was the land that
nobody owned and everybody wanted In
generous slices, and It waa a mighty
serious offense to infringe on another man's
right when It came to staking a claim.
SIZE BOTTLE FREE
duced. Indigestion, catarrh of the
Stomach and consultation result, and
from these serious afflictions fatal dis
eases often ana.
Milks' Emulsion ia pleasant to take
and Instantly soothes tbe inflammation
and euablea the various organs to per
form their functions promptly and prop
erly. You will like MllUs' Emulsion if
you like rich crnam. You will gain In
strength and health if yon take it. We
are sure you will get well if you will
send your name on this coupon and fol-j
low oor instructions.
MILKS' EMULSION CO..
Hi Fourth St.. Terrs Haute, Ind.
Gentlemen: I eoeept your generous
offer to send me a free tu-cent bottle
of your runiedy. f shall take the rem
edy myself and wIU follow the direc
tion ultUfully. 1 have never taken
Milks' tuiulnlou.
Fame . '1 1
Complaint
Btreet and No.
City
Countj"
Stater
a
But a man'a rights then were what would
be considered rather peculiar In these
days. Possession was more than nine
points of tbe law, and If a person got npon
a lot of land and built himself a place
to live In and occupied It he came pretty
near owning that property. I can recall
Instances of men being taken out and tied
to a tree on Farnam street and being
publicly flogged within an Inch of their
lives, . and then made to get out of the
territory for attempting to osurp other
people's land rights. I remember one oc
casion when a man named Callahan went
on to a claim owned by the then Governor
Cuming, located on what Is now Leaven
worth street. A committee, consisting of
John T. Clapper, Oeorge Barker and Sid
Morgan, was appointed from the Claims
club, to Interview Mr. Callahan. Armed
with muskets they went to his place and
found him. Then they put a rope around
him, led him down to the river and threw
him In. This was In February, mind you.
and, after they had soused htm around
for a while, they pulled him out at the
end of the rope more dead than alive
But when he came to he proved himself
to be game, for he refused to quit the
land, and so In he went again. Three
times they ducked him, and then the gov
ernor Interfered and gave him $300 In gold
to quit the country. On another occasion,
two men who Jumped a claim were tied
In a boat, floated out to the middle of the
river and a hole knocked In the bottom of
the boat. They never Jumped any more
claims. And so life went on until It came
to be as you see It. Associated with m
In the practice of the law in those days
were such men as Seely, Richardson,
Thayer and Wakeley, and many more, who
have long since passed away."
J arise Wakeley's Reminiscences.
Judge Eleasar Wakeley contributes the
following:
"The fact that Kansas and Nebraska
were organized as territories by the act
of May, 1854, Is brought Into prominent
notice by the semi-centennial anniversaries
of the event, one already held at Topcka,
Kan., the other soon to be celebrated In
Omaha. Their framework of government,
under the organic act, was modeled after
that previously adopted In several In
stances, and, with few exceptions, ever
since followed. The territory waa divided
Into three Judicial districts, defined. In the
first Instance, by the governor, and subse
quently by the territorial legislature. In
each district an associate Justice of the
supreme court was appointed by the presi
dent for the term of four years. As so
organised, the First district Included Doug
las and other central counties; the Second
district, Otoe and the South Platte 'coun
ties generally; and the Third comprised
Washington end the other northern coun
ties. Each district Included, also, counties
not organised for Judicial or administrative
purposes, and large portions of unorgnnlxed
territory. The Third district extended west
to the Rocky mountains and north to the
British possesions, comprising an area of
some 350,000 square miles the largest Judi
cial district, territorially, In tha United
States.
The Judicial system provided for district
courts to be held In the several counties by
the respective Judges, and a supreme court
to be held twice a year at the capital, by
the three Justices, one of whom was desig
nated as chief Justice, the other na asso
ciate Justices of the supreme court. Th's
was practically the same system adopted
for the state courts under the constitution
of 1867, and continued until the separate
supreme court waa established by the pres
ent constitution. The district courts were
vested with full and complete Jurisdiction,
olvll and criminal the civil Jurisdiction ex
tending to both law and equity cases. Pro
vision was also made for holding In each
district what was known as the United
States court proper that Is, a court of
Jurisdiction similar to that now vested in
the federal courts, embracing matters aris
ing under the laws of the United Stages,
Civil and criminal,
First Judges la Nebraska.
'The first Judicial appointees were Fen-
ner Ferguson of Michigan, assigned to the
First district; Judge Hardin ot Georgia,
assigned to tha Second, and James
Bradley of Indiana, assigned to the Third
district. All of these acted until the
spring of 1857, when Samuel Black of
Pennsylvania, was appointed to succeed
Judge Hardin, and E. Wakeley of Wis
consin, to succeed Judge Bradley, both of
whom had resigned. Judge Ferguson was
a man of sterling qualities, a good law
yer and Just Judge. He was elected dele
gate to congress In 1857, and was suc
ceeded in 1S68 by Hon. Augustus Hall of
Iowa, who held the position until his
death early In 1861. He had been a mem
ber of oongress from Iowa; was well
equipped In learning, .with an excellent
leg! mind, and a Bturdy Independence and
love of Justice which made him a very ac
ceptable Judge. Judge Hardin . was a
typical Georgia gentleman, well versed in
the law, and of many accomplishments.
Judge Bradley, a sound lawyer and Judge,
spent but little time In the territory, anJ
performed but little Judicial duty. Judge
Black, who sucoeeded Hardin, was a brlj
llan man; an effective popular orator, and
rare political speaker, well know In Penn
sylvania, where he hsd done good service
on the stump for President Buchanan, with
whom he was a favorite, and who gave
htm his appointment as Judge, and subse
quently as territorial governor In place
of Governor Richardson of Illinois, who
resigned. He held this position until tho
spring of 1861, when superseded by Gov
ernor Alvln Saunders. Returning to Penn
sylvania. h raised a regiment for the
Civil War, and In one of the early en
gagements, while bravely leading his troops
into oonfllct, was Instantly killed. Judge
Hall was succeeded by William Pitt Kel
logg of Louisiana fame, since widely known
as Its governor In reconstruction times snd
United States senator from that state. Wil
liam Pitt Kellogg was succeeded by another
William Kellogg of Illinois, former congress,
man from that state, and an able Jurist.
Judge Black was succeeded by Judge Miller
of Ohio, and subsequently Judge Streeter
and Judge Dundy, In turn, held the posi
tion. Judge Wakeley served until the
spring of 1861, when he was succeeded by
William F. Lockwood, formerly of Ohio,
but for some years a praotlclng lawyer
In Dakota county, who held the omce
under reappointment, until the admission
of the state In 1867. A coincidence is that
sons of Judges Ferguson, Hall and Wake
ley are now practicing at the Omaha bar.
and that Judge A. N. Ferguson, after a
generation, succeeded hla father In the
Douglas oounty district court.
Nature of the Caaeee,
"The settlements, at the beginning, being
largely In towns and counties along the
Missouri river, the principal Judicial busl.
ness waa transacted In those. The litiga
tion was of a character usual in a new
country, under partial boom influences,
turning largely on land and city lot titles.
Later. on, in the reaction after 1867, It con.
slBted largely of foreclosures, and mat
ters growing out of early settlements, title
entanglements, and business not of a com
mercial nature,
"In the spring of 18S7 the courts and pub
lic were confronted with a peculiar and
strange condition of law. The olvll and
criminal codes of the territory had both
been unconditionally repealed, without a
saving clause as to pat transactions or
crimes. The new civil code was not to take
effect until June; snd no criminal code was
enacted until the next year. One result of
this repeal and, as was very generally be
llevod, the real object of the repeal was to
exempt from punishment a prominent cltl
sen of Otoe county under Indictment for
felony, lit conviction and sentence subse
quent t'the repeal were reversed for that
cause by the territorial supreme court; and.
("Barker"!
vfx COLLARS 2u
NfUai and CUFFS fW
I yN ARE STAMPED I I
qjXvf Warranted Linen CpJpl
AA V You can get thera at fc yLfh
jKjn o many reliable dealers in fUi )
Omaha. Zf
I m weiT sts " "aTy''Jr J
In the Interval between the repeal and re
enactments, the courts were left without
statutory law to guide them.
Incidents of Early Practice.
The Third district was the newest In
respect of settlement, and the least popu
lous. Prior to 1867 the courts hnd been in
frequently held the statutory appointment
Of terms being disregarded, and but little
business being done. The Judge newly as
signed to that dlstrlot having been aocus
tomed to more regular practice and busi
ness methods of procedure, took hold of the
Judicial work with energy and system; and
holding the courts with regularity, and en
forcing legal rules and principles, succeeded
In establishing an orderly administration
of Justice, and dispatching business with
promptness and without accumulation. The
facilities and appliances for holding the
courts were necessarily crude and unpre
tentious, and there were frequent Instances
of somewhat crude Ideas of legal proce
dure. At the opening of the first term In
Dakota county the sheriff, Instead of being
present, was reported as splitting rails In
the bluffs. A fine of f2S (afterward remit
ted) rectified this remissness, and In the
future he was noted for punctuality of at
tendance. In one case, which had been on
trial for some two days, with a large num
ber ot witnesses sworn, lengthy summing
up by counsel and full Instructions by the
court, the Jury came In, after several hours'
deliberation, to ascertain whether the pris
oner had pleaded guilty. On another occa
slon the Jury, having agreed on a verdict
at a late hour In the evening, clambered
In force up a creaking flight of stairs, in
the country hotel, to the Judge's private
room to deliver the Verdict. Nevertheless,
Justice was administered conscientiously
according to established forms, and grad
ually the crudity of Judicial environments
disappeared. Tbe Third dlstrlot has been
subdivided into counties and other districts
snd the contrast between those primitive
days and surroundings, and the present
prosperous, wealthy and populous . condi
tions Is marked and gratifying.
Member of the Bar.
Among the prominent lawyers of those
early years, who took a leading part In
trials, and litigation, out of, as well as
in their own localities, E. Estabrook, United
States district attorney, A. J. Poppleton,
James M. Woolworth, O. P. Mason, T. M.
Marquette, George B. Lake, Oeorge W.
Doane, J. I. Redick, . Clinton Brlggs,
William A. Little, B. E. B. Kennedy,
O. H. Brown, 8. A. Strickland and
others whose names and personalities
the early settlers will reoall. Of these
men, some of whom are still In active life,
it may safely be said that, in proportion to
their number, they havo not been surpassed
by tha many strong and able lawyers who
C There isn't any "have-to" about
eating "FORCE" cold though it's
mighty good that way.
CLots of my friends toast it in the
oven a few minutes and think it a great
improvement to eat It hot.
If your dlgestioa treublas rod, try cutting out tbe toughest
' eoRiblneUooa'-those you anew aa ostrich would have trouble
with and eat "fOKCB" every day ; Just as U it eust as much
as tha things your machinery cut take care el
Yea went be denying yourU.
have succeeded them or sre their present
contemporaries In Nebraska. In 1860-61
a striking figure In the bar of Douglas
county was Judge Alfred Conkllng,
formerly United States dlstrlot Judge
of the Northern district of New
York, minister to Mexico, and the
father of Roscoe Conkllng; tall, dig
nified, punctilious, with ample white
locks, his appearance was venerable and
conspicuous, but fie soemed not to find the
environments propitious, nnd soon returned
to his old home in New York.
"With the advent of the state in 1867 the
bench and bar of the territory were merged
in those of the atsts, but will be remem
bered with Interest In the future years."
RELIGIOUS.
There are four men In central Pennsyl
vania Methodist Episcopal conference who
entered that conference together fifty years
ago. They are D. 8. Monroe, Samuel Crolgli
ton, Richard Illnkle and Oeorge Warren.
A collection taken up at a Methodist
church in New York recently contained
some 1,400 pennies. The pastor, It is said,
delivered this postscript to his sermon:
"Alexander, the coppersmith, did me much
evil."
At the southern Baptist convention In
Nashville last month 160,000 wsa pledged at
one meeting toward an endowment for the
Baptist Theological seminary at Louisville.
The enthusiasm of the meetiug was very
great.
Rev. Francis B. Clark, writing from Ade
laide, South Australia, to the Christian En
deavor World, states that tbe Christian
Endeavor movement is very strong there
and also In several gold mining cities on
the Victorian gold reef. The meetings held
at Adelaide were very largely attended, the
great town hall being packed at the o poll
ing meeting almost to Its oapanlty.
Ten railroad companies centering at St.
Paul and Minneapolis have united In aiding
In the establishment of a railroad Young
Men's Christian association for their em
ployee at Midway yards, between the two
cities. A 130,000 building, erected for a
stock exchange and never used, has been
turned over by the railroad companies to
the association and opened recently.
Rev. Dr. John Wright of St. Paul. Minn.,
has recently given the Union college library
a copy of the third edition of the Saur
bible, which was published in Germantown
In 1776. It was the first bible prlnti-d in
America in a European languugo. Neniiy
all the copies of this edition were destroyed
by the Ur It lull troops when they occupied
Germantowu In 1776. ,
Although far down town, old Trinity
church, New York, has a larger communi
cant liat than any of the chupcls of Trinity
parish. Its number Is 1,704. Collections and
contributions of the people of the, parish
amounted last year to vo,85S. an amount
larger than that contributed by the people
In any missionary district. The whole sum
was ued for benevolent purposes.
A proposition Is being made to unite.
Methodists, Presbyterian and Baptists In
a great national university at Washington.
The Methodists have tha American univer
sity with an endowment of J2,000,000 anil a
fine tract Of land in the northwestern part
of tho city, and the Presbyterians liavo
mado a niovemuut in tho same direction.
The idea of union is favorably entertained.
- s ft..
"'
Mme. Yale's
Almond Blossom
Complexion
Cream
GREATEST
TOILET LUXURY ,
riADH.
Cleanses, softens, purifies, whitens
nd beautifies the skin. Boap and water '
tonly Vleansoa superficially. Mmo. Yala
aars: A little Almoud Blossom Com
plexion Cream should bo applied avery
time tbe face end hands are vaahed.
It removes the dust, soot, grltna, smut,
and einudgo from tho interstices of tha
akin aud wakes the surface smooth aa
velvet. A daily necessity at homa and
abroad; a treasure when traveling by
land or water, or when on an outing of
any lcad, and particularly prised at a
seaside or mountain resort Protect,
tho akin from cutting winds, burning
rays of the aun and every Injurious ef
fect of the elements. Prevents and
cures abnormal redness of the no or
any part of tbe face, and that purplish
hue due to exposure to cold, also chap
ping, chafing, cold eores, fever blisters
and all Irritation of the akin. It la Uie
greatest known specific for burns; takea
the fire out more quickly than anything
else, soothes, heals and prevents aenra
and suppuration. Indispensable for
uso of Infanta and every member of the
household. An exquisite natural beau
tiller. A grateful application after abav
Ing. Excellent for masengo purposes, f4
Mow In two sires; Mme, Yalo'a Almond
UloBsoui Complexion Cream ia sold by
Drug Dept. Boston Store
Oar Special Prices 45c and 80c
The Only Double
TracK Railway
to Chicago
Only $20.00 to
Chicago .
and Return
Every Day from June I at
Only $13.00 to
Chicago
und Return
Juoe 16-20. OoodTHI
June 29th.
Clty Offices
1401-1403 FARNAM ST.
OMAHA
TEL. 624-661
rmmsm
irti Iffliili'iasW
S12.50
TO ST. PAUL OR
MINNEAPOLIS
AND RETURN
VIA
CHICAGO
GREAT
WESTERN
uolu RAILWAY
TWO MlCPPVatIv TRAINS
EACH WAY DAILY.
6A Limited leaving at 8.?0 p. m.,
arrives at St. Paul 7.20 and Min
neapolis 8.00 the next morning.
Uj Day Express leaving at 7.35
a. m., arrives at S. Paul 7.38 and
Minneapolis8.10p.tn. Parlor Car.
Eauelly taw rate to all Summe
Heaorta In Minnesota.
V
for tloUeU and liiformutloa apply at
City llckel UUlue, lolK i itrusut t)U, or
t utuu 6 u Uuu, Ouiuhu.
- X
Gke Beat of J
Everything
w
X
a
... ,