Omaha Daily Bee Newspaper, May 1, 1885, Page 4

THE DAILY BEE---FRIDAY, MAY 1, 1885, YHE DAILY BEE. @uana Ovrron No. #14 axp 918 Fanwax By, Sww Yonx Orrion, Roox 65 Tamsuxa Bono- v, lished every morning, Sunday. The wnly Monday morming | el puviiahed 1a the state. GOVERNOR DAWES' DUTY, Two months have nearly passed away slnce the leglalatare adjourned, Gover. nor Dawea has had smple time to act apon the suggestionsof thatbody wherever they are in the interest cf the public welfare. It was his manifest daty to oarry out whatever recommendations have been made by the legislature with regard to the public officers under his control, and it was certainly his obvious 18 |duty to remove every officer whe has conRasPONDINCE | —-— foations relating b0 News and EAI! ..‘.‘.'.?."T,."S‘\’.}‘a be sddressed b0 the EDrron or rin [ postNRss LETTERS. Bustnom Latters and Remittanoss should be o't PosLanine CORPART, O YEE BEE PUBLISEING C0, Props B ROSEWATER, I.:Dm" A8, Pk dasae, Dy Orouion Omaua want~ an exposi:lon, and not a district fal Tue Russisn baar has his baggage checked thrcugh to Herat, and it will get thers unlesy a collislon ocours, S —— Tuere 18 a good deal of curiosity omong the Kentuckians to know who is to bo the new postmaster at Nasby's Confedrit X Roads. CouncitMaN JouN B, Furav s not likely to crawl into 8 mouse hole because Dr. Miller threatens to mop the floor with him, politieally speaking. . Tuk paved streetsand elleys of Omaha are now kept clean, but the unpaved alleys sre ina very bad condition, owing to along accumulation of filth, They should be cleaned at once. — ‘We are constantly receiving communi- catlons that are not signed with the names of the writers. Such communica- tions will receive no attentlon at our hands, We must know the name of the writer of every letter that is intended for publication. — Sexator VAN Wyok’s urgent remon- strance agalnst the further continuance of fences on the public domain has al- ready had the desired effect. The gen- eral land commissloner has ordered the United States district attorneys to insti- tute ejectment suits agalnst all parties violating the new anti-fence law, which is & blg improvement on the law in that 1t is]more stringent and enables the gov- ernment to prosecate a suit to the end in auch shorter time. Mgr. WyMAN left so muchmoney in the treasury under a republican system of jobbing tar!ff and other forms of texa- tion that it will take three weeks to count it.—Herald. One would think that it was discredit- able in Mr. Wyman to have left any money In the treasurv. The last demo- cratic secratary of the treasury, Howell Cobb, boasted in a public speech within twenty days after he got out of office that there was no money in the treasury for the Line: Inites, and that he did not try to have any there for them. Tue Herald es notlce of a plot which conneots itself with a certain ju- diclal proceeding to defeat Mayor Boyd's sppointments. Mr. District Attorney Estelle will probably govern himself ac- cordingly.— Herald. Wherein does any plot, whether real or imaginary, connect the judiclal proceed- ings in our courts with the proceedings of our city councll in dealing with Mayor Boyd's appolntments, Is not this an at- tempt to bull-dozs and Intimidate mem- bers of the councll? This thing of hold- ing a club over the heads of men is a dangerous experiment. Tne Herald serves notice upon Dis- trict Attorney Estelle that he must bring to tria) certain partics who were indicted for malfeasance in office. If this was done simply in the interest of good gov- ernment and without malice we should cheerfully join in the request. It !s due to the men who were indicted, as well as to the ocity, that they should have a speedy and fair trial. There has already been too much spite-work and too much political chicanery in connection with this matter. Oar courts of justice should not be turned into partiran mills to grind out political grist for or against anybody. It so happened that when the bulld- ings fell In New York recently, a bill ‘was pending before the legislature on the subject of building, which was framed to meet the approval of assoclations of me- chanios, societles of master builders, and the building department of the city, and had been well considered by the men most competent to pass wpon it, The blll enters into minute details as to how bulldings shall be constructed, and leav: very little to the discretion of inspectors. ‘This is as It ought to be, and when the legislature heard of the crash in New York clty the bill was at once taken up for conalderation and promptly passed by the senate. Tae Iowa edlitors have acoepted an in- vitation from the Unlon Pacific 1o take su extended excursion trlp in June over that road and the Oregon Short Line, Mr. Rhetorlc Clarkson, of the Des Molnes Register, has seen fit to lssue an address to his brother ecribblers In order to lmpress them with his own importance and to convey the idea that he has had & big hand in planning th.s junketing tour and securing the free transportation. He tells them that this is an opportunity of an sge, and that it should be accepted with gratitude. Rhetoric Olarkson s evidently trylng to harmonize the dls. cordant elements among the Iowa editors. . It occurs to wus, If Lhat is the object, he better begin with Frank Hatton, been found wanting In fidelity to the pab- llc interers and the trasts reposed in him. One of the state ustitutions that needs oarefal and honeat supervision is the pen- Itentary. A committes of the senate, of which Senator Ayers, of Cass county, was the chalrman, made a thorough In- qulry Into the conduct of the peniten- tary, and presented a report which shoald have been actad upon by the executive without delay. According to the report of that committee Warden Nobes has systematlcally robbed the atate by pre- menting frandulent vouchers and appro- priating to his own use property for which the tax-payers have been re- quired to pay out of the penitentiary funds., It was charged, and the charges were sustalned by ample evidence, that ho had purchased farnitura at various times and from various firms which he placed In his opera heuse at York, and made use of elecwhere, There were valuable deeks, tables, chalrs, and other office furniture for which the state has no uee in any place. Aslde from this it was 8130 shown that Mr. Nobes had pre- sented to succeeding leglslatures clalms for board and supplies which were fraud- ulent In every particalar. It doesnot mat- ter whether the leglelatute found him out and refused to appropriate the money asked for, suffico itto say that an tempt was made by this officer to procure money under false pretonses and his con- duct been so scandalous with regard to purcises that he certainly should not have been retained any longer than his services were absolately nesessary. Why then has Governor Dawes falled to re- place him with an honest and efficient officer? Mr. Nobes is not the only man in America fit to be warden of the Nebraska penitentiary. There must be a few other men In some sectlons of the country willing and able to serve Ne- braska in that capaclty. There may even be found men in Nebraska who are suf- ficlently competent and trustworthy to fill this position. We have eaid nothing about this matter because we bad reason to belleve that a change would be made in due time, but two months ought to have been long enough t> enable the governor to find a successor to Warden Nobes. “Crrizens” tickets, ‘*Anti-Monopoly” tickets, and all other forms of persenal and political clap-trap have had a fresh illastration in the election cf a tripleu of “‘citizens” candidates of the clty conncll who are understcod to have entered Into a rort of political freemasonry to prevent Mayor Boyd from giving Omaha honest and efficlent government. We shall take an open hand In this game on the part of men who have the shameless audaclty to override the one iesue upon which every one of them was elected. —Herald, Weknew it all along. We did not be lieve that the IHerald was sincere last fall when it supported anti-monoply fusion; and Its support of the citizens’ ticket this spring was inspired by no sin, oere desire for reform. Scratch a Rus- sian and you will catch a Tartar. Now that the cltizens’ dodge has served its purpose as & decoy for gullible republi- cans, Dr, Miller repudlates the ‘cltizens.” To whom does the Herald refer when it talks of a triplet of “‘citizen” councilmen who have entered into a plot to defeat Mayor Boyd's efforts to give Omsha honest and efficlent government? Thers are four members of the city councll whose nawes were on the citlzens’ ticket. Two of these, Dally and Schroeder, are demo- crats, Has Dally or Schroeder joined in a plot to stop the ' democratic wheel of reform? Mr. Goodman, who 1Is a republican, was also on the workingmen’s ticket. He would bave been elected without the endorse- ment of the *“‘citizens.” Mr. Bailey Is a republlcan. He did not sollolt the sup- port of any other party, was pledged to no particular course or policy, and was not in the city when the electlon took place, So far there has been no occaslon for blustering threats and partisan abuse. The councll has simply pursued the ordinary course of business In referring the meyor’s appointments to the appro- priate committees. If any of these ap- polntments have been made for the pur- pose of glving Omaha honest and efficl- ent government they are not llkely to meet with obstruotlon, but if they are made for the purpose of building up demo- cratlo bosslam in Omaha they will doubt- less be rejected, 1If any of the mayor's appolntees are knowa to be unfit to fill the places to which they have been nominated, no good citlzen of any party would deslre to have them confirmed. — RrrunLics are proverbially ungrateful, and republicaps have often shown a lack of gratitude, but 1t takes s democrat to exhiblt unadalterated hoggishness, Here 1s Fred. Behm, for Instance, who worked teeth and toe-nall side by slde with Has- call for Boyd and victory. Now Mr. Boyd's organ opens {ts mud batteries upon him and calls upon the distrlct at- torney to have him prosecuted, convioted and turned out of the councll, because he has dared to vote with the republicans In the matter of referring Boyd’'s sppoint- ments to the appropriate cemmittees. —— Tax capital of West Virginia 1s to be moved from Wheeling to Charleston, the place where John Brown was hung and his soul sent marching on, This removal capnot prove otherwise than damsging to the interests of Wheellog for several years at least. For ten years the state authorities have occupled a handsome capltol building at Whealjng, which was erected by that clty and presented to the ate, The question of capitol removal was voted on in 1870, there being three contestants, Oharleston, Martinaborg and Clarksburg, the first-named place se- carlng the prize. Wheeling put {n no clalm In consideration of the seat of government belng allowed to remaln there untll 1885, The new oapltol bullding at Charleston, which was begun by the state In 1879, immediately after the election, 1s not yet completed, bat nevertheless the records wiil be removed to that place, beginning to-day. Wheel- tng will use her abandoned capitol building as & clty hall, GoverNor SHERMAN, of Iows, has is- wned a cattle quarantine proclamation against Connectlent, New York, New Jersey, Pennaylvania, Maryland, Vir- ginla, West Virginia, Deleware, Ken. tucky, Tennesee, lilinols and Missourl. No cattlo from these states will be per- mitted to enter Iowa unless accompanied by a certificate of health from the state vetrinary surgeon of the state from which they may come. Iowa ranks firat among the cattle-producing states, and the pre- caution taken by the governor is not only timely but justifable. The gov- ernor of Nebraska would do well to follow his example, and make other preparalions [at once to strictly enforce the new oattle-disease law which was passed by the last legislature when it goes Into effect, which will be In June. Now is the time for the governor to look around and find a competent man for state veterlnarlan, The new law provides o salary of $2,500 for such officer, and that amount of money ought to secure a first-class veterinarian. The governor should slso determine who shall compose the ssnitary commission, which s to con- nist of three cattle-raisers actually en- geged in the business. Tae Chicago Herald says that the war threatenings In Europe have cauted a stampede of emisgrants toward Amerlcs, ‘We do not think, however, that the war threatenings have been so much the oause of the stampede as the recent sale of one hundred thousand tickets at one dellar each by the Pennsylvania railroad from New York to Chicsgo. These tickets were at once suapped up by the steamship companies, as the dollar ticket from New York to Chlcago enabled them to make a very low rate frcm Eu- rope to the Interlor polnts of the United States. The fact that an emigrant could bs carrted from Liverpool to Chicago for $8 50, and from Liverpool to St. Paul or Minneapolis for $16.00 was extensively advertised In Europe, and there was no difficulty In finding a hundred thousand persons to take advantage of this oppor- tunliy, the like of which will probably never be offered again, and wonld not have been given now had it not been for the weetern railtoad war of a few months ago. It is the cheap transportation more than anything else that causes the present stampede of emigrants from Europe. A ~New use has been found for elec- trloity. 1t has been demonstrated to be a very effective preventive of crime. The London Electric Review calls attention to the statement recently made by the police cf the oity of Hartford that the electric lights have been the means of greatly lessening their labors by dimin- ishing the commisslon of crime. For in- stance, in a public park, where a great deal of crime and mischief had been per- pttrated, the misdeeds of the night have decreased folly ninety per cent since the illumination of the park with electric lamps. To serve most effectively as a preventive of crime the electrlc light, rays the New York Iierald, should be ivtrcduced not so extenslvely in the great thoroughfares of the cltyas in the outlying and suburban districts, which have less police protection. THE oftice-seekers from the territories who have made Washington their head- quarters since the 4th of March are at last beginnlng to get tired, and gne by one they are taklng Mr. Cleveland’s ad- vice to go home and stay thers. They are becomlng diegusted with the slow- ness of the administration in supplylng them with offices, and they fear that the prerident will not after all stick very close to the text of both the republican and democratic platforms In regard to filllog territoral positions with oftizens of the territories. He has already departed from this proposed plan in two or three instances, T engagement that was expected to take place between the Rusian corvette and the British war-vessel, lylng in Nox- folk harbor, upon the declaration of war, s declared off. The Russlan ocorvette, which was much the smsller vessel, quietly pulled out of the harbor before daylight on Wednesdsy morning, her destination belng unknown, Her com- mander probably became convinced that the declaration of war was near at hand, and very likely he came to the conclusion that his vessel was no match for the Bnitisher, Tux only way for Mayor Boyd to con- duct & suocessfal administration of the olty's sffalrs s to fgnore all the silly vaporiogs of such fool friends as the Omahs Heorald, In ocity affairs the council shares the responsibility with the mayor, and that body should be treated with courtesy, Nothing can be gained by threats and bluster, or by uncalled-for abase. ‘Wusy the work ¢f burying the wires ln New York was about to begin Mr, Field fuared that the openlog of trenches weuld have & damagivg effect on the public health, The cnly persons thati have been affected so far are Meww Field and Gould, It was probably the expente of the undertaking that made them ok, CrarksoN, of Des Molnes, Is stlll harping about 8t, John, If It had not been for St. John, Mr, Clarkson would have remalned a very obscure man, but the oxtenslve advertising that he h given himself has made him known out- slde of Iowa, He worked the St. John that was in It ot Russia oan hardly be called newspapers, They have been for- bidden to publish any reference to cur- rent events In Asia, Under the ciroum- stances Rustian editors will probably de- vote themselves to agricultural matters during the coming summer. Peruars the Afghans can take care of | themeelves, and wlill not need the aid of | the Eog'ish, So far they have shown; that they understand the art of war as well as the Russlans, INTERNAL revenue collectors breathe easler now that It is pretty generally un- deratood that no removals are likely to be made until after July lst. OUR NEW COUNTIES. Nort Bexn, April 29, To the Editor of the Brk: Please give the names, boundaries, range and townehip lines of the new counties cre- ated by the last Nebraska legielature, and oblige & number of your reade: E. A, CARTER. There wers four counties created— Blaine, Dawes, Logan and Sherldan, The boundaties of Blaine county isas follows: Commenclog at the southeast corner of township 21, running thence north to the northeast corner of townahip 24, range 26, thence south to the south- west corner of townshlp 21, range 26, thence east to the southeast corner of township 21, range 21, to the place of beginning, Dawes county comprises all that por- tion of Stoux county commencing at the sontheast corner of township 24, north of range 47, west of the sixth principal meridian; thence west tothe southwest corner of township 24, north of range 52; thence notth on the range line between ranges 52 and 53 to the northern bound- ary line of the stite of Nebraska; thence east along said boundary line to the range line between ranges 46 and 47; thence sonth on sald range line to the point of beginning. RiLogan county Is bounded as follows: Oommencing at the southeast corner ot township 17 north, range 2 west of the sixth principal meridian, running thence weet along the north line of Lincoln county to the southwest cornar of town- ship 17 north, range 29 west; thence north to the northwest corner of town- ship 20 north, range 29 west; thence east to the northeast corner of township 20, north, range 26 west; thence south along the wett line of Custer counly to the point of the beginning. The boundaries of Sheridan county areas follows: Commencing at the south- enst corner of township 24 north of range 41 west of the sixth principsl mer.dian; thence west to the southwest corner cf township 24 north of range 46; thence north on the ravge lines between ranges 46 and 47 to the northern boundary line of the state of Nebraska; thence east along the said boundary line to the range line between ranges 40 and 41: thence south on said range line to the point of beglnning: the boundaries of Sloux county were defined anew by the last legfalature as fol- lows: All of that portion of Sioux county commencing at the seutheast corner of eection 24 north of range 53 west of the sixth principal meridian; therce west to the western boundary ltne of the state of Nebraska; thence north along said boun- dary line to the northwest corner of the state of Nebraska; thence east on the northern boundary line cf the state of Nebraeka to the range line between ranges 52 and 53; thence svuth to the place of beglnning, — e ——— Sapreme Court Decisions Filed April 20, 1885, eher et al, Appeal from Sa- tirmed, Opinion by Cobb, Nessler v, line county. Ch, J. 1. “The henof a judgment of a district court, duly rendered or docketed, will extend to all logal or equitable interests of the defend- ant in lands within the county, of which such defendant is in actual postession, 2. The doctrive of tacking, held not to apply to a case where a party holding a judge- ment lien on lancs held under a title bond t buys in the title to the land, Wyant va. Tothill, Appeal from Nuckolls county. Affirmed. Opinion by Maxwell, J, 1, Real estate, appraired and advertised under an order of sale before tho return day ;l the writ, may be sold after the return ay 2, A wale of real estate under an order of snle, whero the motion is not published at lonst thirty days before the sale, will be set aside, on motion; but {f the sale Is confirmed without objectton, in the absence of fraud, the purchaser will acquire a good title, Bardwell va, Stubbert, error from Antelope county. Reseryed; remanded. Oplnion by Maxwell, J, 1. In replevin where the object of tho action is to obtain n delivery of the goods which it is claimed aro_wrongfully delivered by the defendant, tho filing of an affidavis satting forth substantially the facts required y the statutes, is a condition precedent to tho lauing of the order of delivery. 2, Where A brought an_action of replevin against 1 to recover certain chattels, filed the roper affidavit, and obtained an order of elivery under which he recovered possession of the property, he cannot afserwards before the trial amend his Pelition by making O a joint defendant with B to recover the proper- ty unloss in am affidavit filed before he ob- tained the chattels in controversy, he had obarged C with the wrongful detention of the amo. ‘A plaintifl in replevin musk reeover if at all on the strength of his own claim, and & failure to prove bis right to the immediate possession of the pro where the illogal detention Is denied, is failure of proof upon a material point. J. Hrror from Lancaster, Maxwell, J, ol Whtro frm s fusclvent, the pariner. ship property wil applied to the ent of the partuesship dobls, sad. aa Iadivid cr“lddl'.ol" 0; . membelr_ of the firm ?hnnut ]In paid out of partnership property to the excln. e g Smith & Cretenden ve. Sands, Error from wnny. Reversed, rend, Oplnion Afir'd, Opinion by N dulent grantee who obtains prop- erty of an insolvent debtor with notice that the pur of the debtor is to hinder and de- creditors, cannot be protected as ich creditors; and if he sell the prop- bona fide purchaser he is liable to tors for the value of the property loes any valid liens existing against it when the ullr%hd{;\uchua was made, Inze R, F. Davis, habeas corpus, writ de- nied. Opinion by Maxweli, J, 1. Where the facteand circumstances stated in the affidavit, upon which an order of arrest is obtalued in arrest and bail tend to show that the defendant fraudulently contracted the debt to recover which the action is brought, be will ot be discharged on habeas n 4, Caldwell vs, Blmminpon M'fg. Co, corpus upon the ground that the afid Insufficient, Cobb, Ch, J, dissente, State ex rel , McBride, V, Long. Quo warranto, *udgmn\& of ouster, Opivion by Maxwell, J, 1. Under the provisions of section 7 of the election law, which provides that in each cmth having a population of 8000 inhal ants there shall be elected in the year 1870 d every four years thereafter a clork of the district court, eto oounty which in 188 contained less than 8000 inhabitants at the time the census was taken in that year, but more than that number thirty days before the goneral election, was authorized to elect » clerk ot the district court. Cobb, Ch, J, dissents, 3| V. Willets ot al. Appeal from unty, Reversed, decreo in this Opinion by Maxwell, J it court, s A contract for the sale of real estate con- tained a provision that the consideration should *‘be paid in carpentering at $2.50 per ay,"” the purchaser to have five days notice when his services wero required, “and t0 complete payment within twelve monthe if work Is called for” and “'to be allowed 20 per cent discount on any part of price of lots paid incash,” Held: 1, That the purchaser had the entire twelve months m which to make payment, and that it was optional with him to make payment either in labor or money, 2, That the vendor without the assent of the purchaser could impose no new conditions on the purchaser and forfeit his rights under the contract before the expiration of the year, 2. Where a contract in relation to real estate has been deliberately entered into by competent parties, and is not open to objec- tions of fraud, undue means, etc., in obtain: ing it, a court of equity will out the in- tention of the parties by specifically enforcing ita obligations, 3. An act to enforce epecific performance of a contract for certain lots was pending sev- eral years and during this time certain parti erected a wooden building on one of the lota which was not a fixture, This building the plaintiff afterwards rented for a short time, but claimed to be the owner of the lot, held that he was not thereby estopped from enforc- ing his contract The 0. & R, V. Co. ‘Walker, same ve, Hartley, same vs, Hartey, error from caster_county, affiirmed, ~ Opinion by M well, J, 1.'Where a railroad company has con- demned real estate for right of way snd an appesl from the award of damages has been taken to the district court, the land owner on the trial is er ed to open and close. . 2. Instructions asked and refused or ob- jected to must be specially pointed out in some way in the motion for a new trial. . Where in atrial to recover damages for right of way acroas a tract of land, the jury wero pormitted by the court to view the prem. ises, the verdict will not be set aside unless it isclesr that the jury erred, Stout vs. Rapp. Error from Antelope county. Reversed and remanded, Opinion by Reese, J, "1. The supreme court has jurisdiction to re- view, upon error, the judgments and declsions of the district court made upon appeal from the county court, in matters pertaining to the settlement of assigned estatos, 2. The county court has jurisdiction under the provisions of section 54 of the act regulat- ing the assignment of estates (Laws 1883, p., 81) to decide as to whether personal property is exempt from execution and whether it #hould or should not be delivered to the as signee. Such inquiry should not involve the on of the title to real estate. ‘Where the title to the family residence s in the wife it is nevertheless the homestead of the family and is exempt from judgment liens or forced sale execution or other process and in in such case the head of the family 1s not en- titled to the further exemption of $500 in per- sonal property under the provision of section 521 of the civil code, B. & M. R, R, Co. vs, Dobgon, error from Seward connty. Affirmed, Opionion by J, Reere. . L Ina petition for a new trial under sec- tion 318 of the civil code on the ground of misconduct of the jury, and the successful party, where the petition is not filed for more than ten months after the return of the ver- dict and four months after judgment is ren.- dered on the verdict, it is not sufficient to al- lege that the plaintiff *‘could not with reason. able diligence have discovered or ascertained the misconduct” eoover, The petition should state the facts showing what efforts have been mado to discover the misconduct of failing to do eo. facts should be stated which would ex- cuse the making of euch effort, 3, Whether in case of the assessmont of the value of improvements under eection five of the act af 1883 entitled *‘An act for the relief of occupying claimunts, etc.,” the remedy is exclusiveand the failure to object to the ver- dict of the Arprl'uaru within the time fixed by said section is a waiver of the right, Quere, Johnson vs. Greim, Error from Seward county. Affirmed, Opinion by Reese, J. 1, Where a jury was sent in charge of a bailiff of the district court, with the sheriff and county surveyor, a distance ef eight miles to ylew and examine real estate alleged to be damaged by the overflow of water, and while examining the land, it being noov, the Dbailiff by order of the sheriff, procured and caused dinner to bo served at the house of defendant in error, without his solicitation or the solici- tation of the jury, there being_another conve- RIEEElplaoa (o prasura A bo T e being ob- tained by the bailiff to be paid for by him, and where in such caso it was afirmatively shown that defendant in error had no conver- sation with the jury upon the subject of the case on trial, it was held that no misconduct on the part of the defendant in_error, or of the jury, was shown which would require & new t) O. N. & B. H, R. Co,, vs, Umstead & Um- stead; samo va. Lamb; same vs, Lamb, Error from Nance county, Reversed and remanded. Opinion by Reese, J. 1, Whero an appeal is taken from the ap- praisement of damage to real estate caused by the construction of a railroad, the owner of the land becomes the plaintiff in the district court to the extent that it becomes necessary for him to prove his damsge in case the rail- road company appellant, fails to appear for rial. In such casewhere the railroad com- pany is appellant, it is_error to dismiss the appeal for the reason that the appellant com- pany ia in default for want of an uoswer, Bond va. Dolby, Appeal from Lancaster county. Affirmed. Opinion by Reese, 1. In cases tried to a court without the in- torvention of n jury, the findings on ques. tions of fact upon conflicting testimony is en. titled to the same respect in the supreme court on appeal as would be accorded to the verdict of a_jury under like circumstances, and will not bo interfered with uvless clearly wrovg, Bauk of Cass C Morrison, 22 Northwestern Reporter, 7! . Whete & promissory note by ita terms fixes n logal rate of interest per annum *from data until paid,” such note will draw interest at the sgreed rate after, as well as befcre matur And the judgment or decree ron- dered thereon will draw the same rato of in- terest notwithstanding the legal rate upon judgments, and decrees may be reduced atter the execution of the note, S, Whero in the purchase of veal estate, tho purchaser assumes and agroes to pay a debt Sectired by & mortaage apon tha soal catate 10 purch nd rotains a part of the purchate price for that purpose, in & p ing against the mortgagor aud sush purchaser to fore: close $he merigage, the question as to whesher the mortgagor had a morbgagable Interest in tho real sstato is an immaterial oneand would not affest the liability of the defendants for the payment of the debt. Harris vs, Cronk, Trroe from Valley county, Reversed, dlsmissed, Opinion by Cabb, Ch. J. off has been n dism in vseation by party plaintiff and all coste ccording to the provisions of section 430 of the civil code, it is competent for the court at the next or any subsequent term to permit an Interven- Hurford V, Baker, rror from Madison county. Affirmed, Opinion by Cobb, Ch. J, 1, 'The lsnguage used in the summons wherein the defendants are motified that er by the 24th day of Marcl ent to the to which s ated therein,” ual | tion 1 ssid_cause. case to the supreme court i court below iction of such on error, & waives all questions of the j urt over his person, , No polot of error not brought o the at tention of the trial court for its ruling, nor necessary to be considered and passed upon by it in order to reach the judgmentrendered, will b cousidered by this court in & proceed: 10g In error, Filley ve. Norton, error from affirmed. Opinion by Cobb, Ch. J,—The main question is one of fact aud conflicting testi wmony, and presents noquestion of law. 2 A father posseasicg farm and herd of age county, upon | y cattle, let the same to his son to farm. the product of both to be divided between them on the terms of two-thirds to the former and one-third to the Iatter; there being a certain cow in the herd which the father had given to the son before he beoame of age. and which had been kept and raised in common with other cattle on the farm, and was pla and kept as part of the herd and so troated by thnr.nia;heldthn 0 far as the rights of third persons were concered the produce of #nid cow formed an indistiguishable part of such stock, g 3, By a gift from a father to an infant daughter of a calf to raise and have as her own, without intentionon his part, that it will be taken off of his farm, for many years if over, he does not part with his dominion over it, 8o as to prevent his recapturiog It in his own name and right, from the hands of a wrong doer, FIFTEEN YEARS FELICITY, the opera hou The seats are put at the low price of oents for the parquette and drees ofrole and 35 conts for the bal- cony. Everybody come, FAMILY MARKEL BASKET. ‘What the Housckeeper Has to Bolect From=F a4 Figures, FISH AND GAME. Frozen fish are out, of the mar ket, and green fish, that ls, fresh from the rivers, are now comiug in. In the fresh water artiole, white fish, trout and basa retall at 15 centa per pound, white plokorel is selling at 10 conts; croppie and perch can be had for 12} cente; cat fish are just coming In and sell for 15 Mr, and Mrs. Thomas Gentleman Celebrate the Orystal Anniver- sary of Their Marriage. On Monday evening Mr. and Mrs, Thomas Gentleman celebrated the fif- teenth anniversary of thelr marrlage. Notwithstanding the extreme severity of the weather over sixty of thelr frlends attended, to pay their rospects and con- gratulations to the estimable and popular couple. Mr. and Mrs, Gentleman have just moved fnto their new house, on Sherman avenue, a tew doors north of thelr old place; and lts spaclous and well- accomodated parlors, replete with com- fort and all modern luxuries, were thrown open to recelve their friends, who spent the evening In a very agreeable manner. Mutic, singing and dancing made up the programme of amusements, Intersparsed with card playlng. Supper was served at 11:30, and 1t is only necessary to refer to Mrs. Gentleman’s well-xnown hospital- ity to Indleate {its elaborate and sumptuous character. The table was literally over-laden and crowded with every delleacy. The following were prasent : Mr. Joseph Crelghton and Master Creigh- ton, Shelby; Miss Furlong, Mr. and M Brandenberg and baby, Mr. and Mrs, Hfi and baby Aalice, Mr. Mrs. Kitten, and Mra, Wi Birdie, Mr. and Mrs. Garretty and Frances, Counci man Dnila{imd wife, Mr, and Mrs, Nestor, Mr, and Mrs, Jeremish Wkalen, Mr. and Mre. Ingloman, Mr. and Mrs, Flannigan, Mr, and Mrs. Daughton and daughter, Mr. and Mrs, J. Shelbey, Mr, and Mrs, Lowrey, Mrs, Devine and Mrs. Leisenring, from Aurora, Neb.; Miss McDevit, Miss Eila Kennedy, Miss Mary McNamara, Mies Sullivan, Mr. and Mrs. Attwood, Mrs. Burkley, Dr. Fri- soni_and wife, Mr. and Mrs, Percival, Mr, and Mrs. O’Henon, Mr. and Mrs, Nichol, Mr. and Mra. Hussie, Mr. Bracken and Miss Bracken, Mr. Gleeson, Mr, and Mrs. Geady, Mr. J. H. Feeney, Mr. Richard Downey, Mr, Jas. Connolly, Mr. McDevitt, Mr. Thos. Qallon, Mr, M, Hussie, Mr, J. P. McCarthy, r. M, Luby, Mrs, Frenzier, Mr. Mullviil- hill, Mr. and Kenny, Mr, Duff aud others, A very choice and beantlfal varlety of crystal presents occupied a large space. They looked quite pretty and very unique and their numbor and quaiity speak vol- umes for the esteem and good will in which Mr. and Mre. Gentleman ars held by their many friends. The large party separated about 2 o'clock, all wishing many years of wedded happiness to thelr kind host and hosteas. THE MAY MOVE, An Entire Change Around of Beats Among the Police To-day, The pollce force Is booked to undergo a change all around to-day, and for the month, duty will be performed by the men on beats as indicated below: DAY FORCE. Maurice Sullivan, captaio; Joseph Rowles, Thirteenth and Harney to U. P, bridge; George Lowry, Farnam and Tenth to Fifteenth; Dan Kenunedy, Twelfth and Farnsm to Capitol Avenue; Fred Fuller, Cumling street; Andrew Crawford, Tenth and Farnam to depot; Rowland Firth, Thirteenth south of bridge; L. Jasperson, Ninth, Tenth and Eleventh north of ¥arnam; James 0O'Bogyle, Sixteenth aud Dodge to Izard; Poter Weiland, Douglas and Thirteenth to Sixteentb; Pat Mostyn, sireets and alleys; Al Swigart, telephone; John Tarnbull, city businets; Thomas Cormick, court officer. NIGHT ¥ORCE. Richard Burdish, Thirteenth and Far- nam to bridge; Jsmey Brady, Twellth and Farnam to Capltol avenue; Jch Curry, Sixteenth north of Cass to lzar Charles Blome, Tenth and Eleventh north of Farnam; Owen Buckley, Tenth and Howard to depot; Peter Matze, Douglas and Thirteenth to Sixteenth; Dan McBride, Cumming street; Wm. White, Thirteenth south of bridge; Charles Donohoe, Sixteenth and Cass to Dodge; Duff Green, Farnam to Harney, Twelfth to Ninth; J.J. Donovan, St. Mary’s avenue; Patrick Hinchey, Far- nam and Twelfth to bridge; Thomas Pel- ronnet, Telephone; Frank Bellamy, streets and alleys; Michael Whalen, reundsman. By order of Tromas CumyiNs, Oity Marshal, THE W.C. T. U, Plans About the Buckingham Theatre- Its There have been many flying rumors that the W, O. T. U, Intended to convert the Buckingham theater into a gospel temperance hall. The plaa the ladles of that charitable institution have in view: av 500D & the theater was closed the la- dios went to all partles concerned and secured thelr consent that the W. 0. T. U, nunlddhvo limmodhu possession of the bullding for temperance purposes, and Constable Edgerton bad made ar- rangements to escort the ladles In a body and turn over the premises to thelr con- trol. This was not accomplished, but negotistions are still progreesing and the Jadies still hope to lease the thester. They want to convert the former saloon into & lunch room, to make the wine room a reading room, and to have the theater for gospel temperasnce meetinge, bands of 1:ope. etc. Such & move 18 heartily seconded by aDy of our best business men, and we feel sare all the moral and Christisn psople of our city will glve us greatest encour- ment to ralse the neceseary funds. The Iadies have engeged the services of Mix Couthonl, one of the most brilliant dr: matic readers in the world, who will ap- ar ot Boyd's opers house on Saturdsy evening. March Oth, not only unrivalled in her profeesion, but Is a Christlan gir]l who carries her raliglon into her work and makes ail her enter- tainments most pure and refinlog, We hope the Christian people especiaily will help us In this work and fill every seat in Miss Couthoul is|* cents, Oalifornia salmon are seasonable delloscles and sell at 35 conts a pound. As for malt water fish, codfish and haddock ars worth 15 cents a pound, halibut 250, Shad sells from 7bc to $1 apiece. Flounders are not In very lively demand at 123, Eols sell for 20 cents a pound. Codiish tongues are raro, but retail for 20 cents, Oysters rotall at from 45 t> 60 cents & quart, ac- cording to quality. Game ls nearly outof the market, though thered head and mallerd ducks can still be had from 30 to 85 cents a pound. Snipe are coming and sell for $1.50 a dozen. MEATS Tho best cuta cof sirloin sell for 15 cents, rumps and upper part of round steak at 12}, Roastiog ribs, firm _and juloy, can be boaght at 12} cents, Veal is extromely scarce and comes high— from 16 to 20 cents, according to the oholoaness of the part. Sweet breads can be purchased at 26 cents a palr. Oorn beef /s selling at from 5 to 10 cents, ac- cording to cuts, Prime legs of mutton can be had for 12} cents; matton chops 12} to 16 cents. Ham s a staple sritcle in good demand at 12} cents in bulk, 25 cents sliced. Pork 10 to 12} conts. Sau- eage 10 to 12} cents. FRUITS AND VEGETABLES, The vegetable market is becoming well stocked. Early Rose Potatoes are In falr demand at 55 to 65 oents, the Peerle and White Elephant bring 65 cents & bushel. The Colorado, of large and mealy variety, is sold at 90 cents to $1 a bushel. The genuine Salt Lake potatoes are coming in and sell for §1 a bushel. As- paragus ls just makiog lts entres into the market and sells at 12}c a bunch. Rhubarb can ba bought for $1 a dozen bunches, water cress the simo. Paraley {s sold at 50 cents a dozen. California cabbage can still be bought for o cents a pound. Fresh radishos, 5 cents per bunch., Splnach is worth 65 cents a peck, whilo cucumbers are just coming into market, and eell from 10 to 25 cents aplece, according to aiz>. Fresh home grown lettuce, a delight- ful ealad delicacy at this season of the year, issold at 5 and G cents a head. Onlons are worth 35 to 60 cents a_peck, rutabagas 2} cents a pound, turnips 70 conts a bushel. Sweet potatoes are re- tailed at from G to 8 cents a pound. The local markets are well stocked in the fruit line. Callfornia oranges bring from 15 to 35 cents a dczan, lemons about the same. Bavanae, fresh and ripe, ara very p'entiful, butoan be bought for 95 to 50 cents a dozon, Plneapples of the large and luscious varlety, are sell ing at from 40 to 50 cents a piece. Ap les are somewhat scarce. The Missouri sells for $3.50 to $4 00, while the Michi- gan variety brings higher prices, $4.20 to $4.75. Strawberries will be In the market Saturday. BUTTER can be purchased at a varlety of prices The ordinary art'cle sells for 25; the extraordinary for 30, while the finest creamery ls worth 35 cents. Egge are worth 12} cents a dczan, e ee———— LIVELY RAILROAD WORK, The Extension of the Sioux Oity & Pacific in Northwest Nebraska, Sioux City Sournnl, April 29. A Slovx City man returned from the line of the White River extenslon west of Valentlne tells a reporter how it is “The track {s now finished for twenty- five miles cut, poseibly thirty mlles by this time. Ic{s like an army at the end of the track, There are over 300 men thero haul ng tles, placiog raile, levellng up the track and delng one thing and another connected with the track-luylng. The eandy soil of which most of the read- bed is made makes it easy to bed the tles and geta good, mmootn track from the start, These 300 men are employed in this tracklaying, and they ara putting down as much as two miles por day, A fow miles west of the tracklayers you come to Desparois’ bridgig gang, about fifty men, 1should eay, and two pile- driverse. The bridging on this part of the line 18 not heavy, and the bridgers easily keep out of the way of tho track men. The firat ninety miles of the grade was finished last fall. Beyond that the next fifty miles is alive with graders. Some places for amile or more the grade is already done, and all of it, except posei- bly a little rock work near White river, will be finished before the track can get there, 1 found the grading contractors )l pushing their work, anxious to finish befcre the letting of the next fifty miles of werk west of White river, which lo xpested will be let in June.” First Edition, 250,000, CENTURY- In the number of its pages, and in the size of the first edition, the M:n[v Cemtury surpasses all its predecessors, 1t is a number especially et in. War . Papersy which include: A vig: " orous article by GEN, GEO.”B. McCLELLAN, iffWhich the writer speaks freely of his rela- tions with Secretary Stanton, and enters fully into the plans and disappointments of THE FIRSTADVANCE ONRICHMOND; and three papers by the ex-Confederates, _ GEN. JOS. E. JOHNSTON, THE MAY 5 . n. Johnston (whose article is a reply to Jeffer- son Davis) commanded against McClellan until he was wounded. G Tmboden relate periences at with anecdc wall Jackson. J05. . JouNsT '“'RECOLLECTIONS OF A PRIVATE" describes the repulse of the troops which Ge; Johnston was leading when he was wounded. Other contents include an anecdotal paper on “GEN, GRANT AS A SOLDIER, by Gen. Adam Badeau, with @ full-page por- trait from a photograph t THE RESCUE OF LIEUT. GREELY, by a member of the Relief Expedition, ap- proved by Licut. Greely; papers on the New Orloans Expositiou, Typical Dogs, * Immortality and Modern Thought nd on Whittier, by . C, Stedman, et deverywhere, Price, 35 cents. g THE CENTURY Co.” New-York,\s