Omaha Daily Bee Newspaper, July 10, 1885, Page 5

THE DAILY BEE~FRIDAY, JULY 10, 1885, LINGOLN. Tncidents of the Day at the Capital of the State. @Gamblers Interfere With the Offi- oial Life of Policamen, Baptist Brechren in a Row-A State Veterinarian Appointed — Local Nutes and Personal Mention, AT THE STATE OAPITAL, GENERAL MATTERS, Reported by The Bex's Burean, Lixcors, Neb,, July 9 —For some tlmo past there has been a desiro on the! part of some members of each of the colored Baptist charches In this clty to unite and baild a ulee church bullding on the lot given them by the state and now occupied by Mount Zion church. Re- cently a meeting of a majorlty of the two churches was held and terms agreed upon, but the pastor and toveral of his church belonging to the Mount Zion society are dlesenters from the majorlty and appeared before Justice Cockrane and demanded warrants for some of the other factions. The justice refused to issue them and all 1 not harmony among the colored brethren of the Raptist persuasion. Dr. Jullus Glrth, of New Jersey, who was sent here from the government de- partment as & vetinary surgeon a fow weeks slnce to look into the disease among the cattle and hogs of the state, has been appointed by the governor as vetinary sargeon under the act passed last winter. He wlll recelve $2,600 per year and all necessary expensor. On Wednetdsy the mayor requested the resignation of Policeman Thompson which was immediately tendered and H. Kuhlman appointed in his stead, It is said that this policemsn was charged with nssoclating witn gamblers. There s no doubt but there are plenty of gamblers infesting the clty, and if Mayor Barr would give the mattera little of the right kind of attentlon there would be fewer of the gambling fraternity around It was reported that Judge Montgom- ery had gone to Omaha, but it has leaked out that he contlnued his journey to ‘Washington, In the interests of the poat- office in this city. The ewngerfest bullding Is belng taken down, instead of being turned into a market hounse. The building of the new street railway I8 being rapidly pushed to completion. Dr. Kera started fcr the west yoster- day accompanied by a number of land scekers. The blind and festive orgen grinder s perambulating the city, accompanied by » amall boy, in the Interest of a wife and six children. Milt Smith, who has fignred consldera- bly in sporting clrcles, was before Justice Cochan charged with trying to disfigurea person’s physique with a hatchet. Col. Burr, H. Polk and Mayor Frank- lin left yesterday evening for Spirit lake. They will probably approach the lake with the spirits as a portlon of thelr baggage. A band of glpsles are camped near the cll ty. Tho electrlo light company Is making I e twenty additional nd two at the capi- tol building. The new dynamo ordered will glve them a teventy-five light power. With these additlonal lights it will make up partly for the deficiency In some of our sldewalks. ¥ The county commiesionera are ktill in geasion., It is understood that the attorney gen- eral will have quo warranto writs againat all co-operative insurance or a cjation companles doiog business in this atate which have not fully complled with the law, and it scems to be the attorney- general's idea that all companles purport- ing to be insurance companies must hsve a capital of $100,000, and so far none of the co-operative companier have any capital. Among the arrlvals were: C. O, Bates and wife, Beatrlce; H. N. Carpenter, Syracuse; M. Morrlsey, Willlam H. Neville, Plattemouth; 8. G. Byron, Ash- land; R. A, Blackbarn, York; Mrs, T. W. Blackburn, Prof. Gillisple, Charles B. Kesler, R. P. R. Miller, Omahs; N. Edwards, Seward; M. Mitchell, Arapahoe; Simeon Hartman, Chicago; J. M. Buchanan, J. G. Taylor, Omaha; Willlam Harper, . M. Warring, Se- ward; W, T. Scott, John T. Kitner, York; M. M. Sorrenberger, C. M. Rick- ett, Tuomas W. Riddle, Wahoo; John Dawson, Aurors; Willlam Levitt, Ashland W. Stark, Plano, Ille; E. Waddie, Au- rors; B. W. Hurlburr, Grand lsland; A. C. Culton, Boatrice; A N. Pottit, Beloit, C. W, Adame, W. H. Ward, Chi- D. M. Meyers, Des Molnes, ‘There is considerable checker playing among rallroad cfficials in this vicinity, owlog to cerfain movements of the of the board of pudlic works made the complaint sagalnst these gentlemen and ut«ru the prosecuting witness, making the cass a test one, to determine whether properly owners osn defiantly violate every resolution and wish of the eity councll regarding the bullding of thelr sidewalks, In this particular Mr. Bowen Is agent for the property, and Mr. Grant was the contractor tolay the walk. Whether Mr. Bowen desired to do some- thing dlfferent from anybody elee, or to purposely violate the ordinance, is not exactly known, but he had a border laid around the outer edge about four feet wide, and considerably higher than the established grade. Of course this created on the ioner walk, a basin, for the ocollecton of & pool of water, which could not help belng a nulsance. The jarymen who tried the case were T. W. Seaman, Edward Rosewater, Chatles Dewey and U. Murphy. Andrew Hanscom and Peter Goos were also em aneled, but they got excused. After fludng all the evidence and the argu- ments, the jury retired and were out about ten minutes, when they returned with & verdict acqultting Mr, Grant and finding Mr. Bowen gulity. Judge Sten- berg thereupon fined him five dollars and coats of the prosecutlon, which he patd. RAILWAY RUMBLINGS, Matters and Things Pertaining to Rallroad Olrcles, General Passenger Agent Eustace, of the B. & M. R. road, went to Chleago yes- terday. Mr. John A. Eyler, a popular and ac- complished gentleman, has been ap- pointed to the position of ticket agent at this place of the “‘Q” road, vice Andy Borden, resigned. The Colorado tourlst business is juat now Immense. The aleeplng cara on every train that goes out are crowded with them. The Union Pacific company is making great Improvements, this sammer on lts track. Defective tles and worn out ralls are belng replaced with new ones. All the statlon houses a*e undergoing repalrs, also, and belng palnted the regulation red and blue. A larges force of painters and decorators are now at_work in the transfer depot at Council Bluffs. A WILD WOMAN: Sensation on a Union Pacific Pas- senger Trein. The police racelved a telegraph mes- sage from Papillion yesterday morring, notifying them that on the Unlon Paclfic train No. 2, east bound, was a crazy woman who had taken possession of the elesper and was acting In a very wild manner. When the traln arrived at the depot here two officera boarded it and went Into the car. They found the woman to be much demented, but she had then quleted down and was able to talk rationately. The woman had come feom Fremont and was going to OChicago, Il nols. Tte officers learned that her name was Lameon and that she had been on a pleasure trlp to Colorado. She was put aboard the Rock Island traln here and sent on to her destination, ——— Another Sucker, A young man who said that his name was E, W, Matthews, and that he had came all the way from Nundsy, IIL., alone, was flaeced by a sharper yeaterday morning at the Unlon Paclfic depot out of $30. DMr. DMatthews claimed o ba en route to Roca, Neb., and also de- clared with some feeling that not more than two weeks ago he had been worked for $10. This time it was the old trick, od |80 often played by sharpers o got money out of suckers, he bit at—that of belng broke and haviug to pay transfer expross on a bill of goocs. o —— Cewboy Fuan, St. Paul Globe, ‘1 shall never forget an expertencs of mine in Montana a little over two years 8go,” sald Brakeman Schultz, of the Northern Paclfic. ‘“I'here were Andrews, the conductor; Wylle, the englneer; Col- by, the fireman; and mys:1f ranning No, 3, pessenger on the Montana dlvision, and one night abont dark we were get- ting out of Miles Oity, when a red light was seen by the englneer, and hs stop- ped tho traln, Just as it stopped about & dozen cowboys, togged up in full uni- form, each with a brace of revolvers in his belt, got into the coiches, while a fow more guarded tho engine, I know trouble was coming as soon as 1 maw them get on, and I took a sest among the pissengers, The conductor did not at first eeem to realiza that avything was wrong, but went to tho forward part of tho coach, when half-a-dozen of ths buckskin-clad boys grabbed him and sot him upon the coal-box, He protested, bat the boys paid no attenticn other than to tell him not to move a finger, as they were gong to shoot the heels of Els Northwestern snd the Missourl Pas railrosds, and unlees there 1s some very lively playiog upon the part of the Bur- lington line, both those lines are liable to drop into this clty fora thanksgiving dinner. Mr, Grace, who was serlously injured by the kick of a horse a few days since, is still liviog, and with the grit he mani. fests and the doctor's sklill the chances of recovery are in his favor. The attorney-general goes to Washing- ton this week to leara what objectlons the United States supreme court has to the hanging of Zlmmerman, the murderer of Jack Wouds, in Kearney county, a few years since. Mr. Christensen’s little five-year-old boy, who lost his leg by the cars a couple of days since, Is gettiog along nicely and great hopes of hls recovery are enrer- talned. Lieutenant Governor S8hedd was home- ward bound from the far west yesterday. J, M. Frantz, a p.ominent resldent of Kearney, was bound for Peorls, Ill yes- terday. P. F. H. Scharrs, sberiff of Buffalo connty, came In from the west last evening., ————— A TEST 0OASE, William K. Bowen Fined $5 tor Vio- Iating the Sidewalk Ordi- nance, The case of the clty va. Joha Grant and William R, Bowen, who were charged of laylog down a eidewalk at the coraer of Farnam and Twellth streots, contrary o the establiched grade and in violation of the ordinance relating thereto, em- ployed the attention, yesterday afternoon, of Judge Stenberg, and s jary in police court, Mr, Jawmes Orelghton, cha'rman boots cff. I rather enjoyed the funm, though I lay mighty close, fearlng that they would notica me, but they didn’t before the conductor was short the heelscf hisboots. He was white as a enov flake, but he held up bravely, fearing a miscsl- culated shot. Then they caught me and tled me and a passenger back to back and eet us over a seat, and then commenced betting among themselves which would pull the other over. The stakes were put up, and then two of them got prongs and began touching us up with them. The fellow I had pltted agalnst me was a Swede, and nelther of us had any ehow to pull the other over; then I resorted to a stratagem, and when they gave the Swede a prong snd he jumped about a foot, I pulled hard and he came flylng over the t, and went so far over that he nearly broke my back, We were loosened then, and they took the Swede's boots cff and stood him on his head, and then played the bastinado on the soles of his feet. Well, you'd died lsughlog to hear that poor fellow bellow, entreat, pray and ouss those cowboye, and al though my legs were smarting with some dances I got, I just roared, After they ad done mischief anough they shot out the lights and left the train,” e —— —Officer White picked up & drunken man on Farnam street, by the name of 8, H. H, Stewart about 2 o'clock last night. He had on his person & gold wateh and 840 io money, which two thieves were about to nip when the officer found him, . O'Brien, received notice yesterd from G. O. Brown, olerk of the suprems court, Informing him that the decision of the lower court in the case of William McCue va, J. A, Smiley et al, had been tustained, ~—The body of Joseph Susteric. one of the two tittle boys drowned, Wednesday evening was discovered yesterday, and taken to fthe undertakers. The funeral will be held some time to-dsy. The fatheris still in » very critizal condition, PRIVATE PREMIUMS. Some of the Inducemenls Ofered for Peaple to Make Displass, The Omaha Exposition Association Beginning to Get Matters in Shape—A Business Meeting, Secretary Wheeler, of the Omaha Ex- position assoolation, yesterdsy received from the printer proof sheets of the speclal premlum llst, from which a Bee reporter made up the following: The Joseph Garneau Cracker company $10 for the best sack of flsur made from Nebraska flour; a box of crackers for best five pounds of dairy batter; box assorted cake for the best lot of jeily made In Nebraska, Parker, Robertson & Co., a $200 phae- ton for beat crazy quilt, 0. 8, Goodrich & Co., m!rror, value £6, for best loaf of bread made by Ne- braska glrl under 15 years of age, Frank Currier, $23 in cash for best displays of plants, pictures, hanging baskets, etc., propared by Nebracka amateurs. Welty & Laundrock, slde saddle, value $75, for best amateur lady rider. Samuel Burns, parlor lamp, value $10, for best collection pure fralt jelly. Dewey & Stone, parlos table, worth $15, for best pencil drawing by a lady. A. Polack, boy’s sult, valued $15, for beat essay on education, by boy under 16 yeare, A. D, Morse. shoes to value of $7.50. for the handsomest glrl baby under 2 yeara of age, Bliss & I ary, valae $15, for landscape or oharact- or production In art, faithful to nature. . F. Martin, oil palnting, value $16, for best darnlog on stockings, by lady under 22 years. Edholm & Erlckson, silver water set, valoe $75, for best plece of fine needle- work, Omaha buslness college, courses of study, for best samples of penmanship by boy or girl under 16 years; fancy speci- men penmanship for best fiva pounds of butter, made by girl under 15 years. McCord & Brady. 810 for best loaf of bread made from Chrlstian & Company's Superlative flour. Champlon S, Chase, $5 In cash for best penmanship by boy or girl under 18 yosrs, Melnrath Brothers, 100 pound case coffee, value $13. for retall grocer longesat in basiness In Nebraska. Charles McDonald, lady’s cloak, value $50, for best specimen of art embroldery. L. J. Bengele, canary bird and cage, value $10, for best palnting by boy or girl under 16 years, Clark Brothers & Co., extracts and splcee, value $10, for the best oup of coflee made from *‘lark’s Imperial Cof- fee," John Evans, wire plant stand and pots, value $10, pest display cut flowers in original desigs Paxton & Gallagher, 825 in cash, for best pack of canned vegetables put up in Nebraska or Iowa. The Pacltic hotel compary, 875 in cash dlvided in six premiums, for best collec— tion Nebraska grown frul anned frult, vegetables, jellles, cheese and butter. Kauffman Brothere, box csgars, valuo $10, for the best native tinging cansry bird. Huogh G. Olark, keg sporting powder, value $15, for the bast collection of stuffed birds. H. T.| Clarke drugCo.,two cases of paint value $15, for best dieplay assorted graln]raised by one farmer. 4 A, J. Simpson, pony cart, valae $125 for best driving horse. N. B. Falconer, black silk dress pat- teru, value $30, for race to be trotted by farmers with thelr own farm animals, and driven by member of thelr own famlly. N. 1. D, Solomon, 855 In cash, divided Into four premlums, for best standard stalllon, ehowlng best five sucking colts; best two-year-old resigtersd stalllon; best two year-old jick; bast Shetland pony. Nebraska Cultivator, books to value of $10 for best specimens of farm accounts, penmanship, sewing, knitting and blecait baking, by bogs or glrls uader 18 years, Raymond, silver service, ~value $85, to the most popular railway in Ne braska, to be decided by the ballots of visitorg to the fair. Omaha commercial men’s ssscciatlon, $500 in cash, for winner of free for all race, provided the tlme fs 2 24 or better, Thus making the winner’s share ‘$1,100, Friday, September 11th, the persons prosent will designate a committee cf three, who shall cauvass and announce the result, awarding the silver tea set to the railroad company receiving the large number of votes, and upon the reeult be- ing dstermined, we will present the same to the railroad official of such road, who occuples the highest offictal position, and i & resident of Nebratka. No porscn will be permitted to vote but once, and no charge or fee will bo asked or received for the privilego of voting, All matters relating to this award will bo under the sole supervieion of C. 8, Raymond. The association held a buslness mect- ing last evening wlth nearly all the mem- bers present. Among other things, bids for rebuilding the ampitheater were opened and a contract awarded to A, H. Donecken for $1,400. He enters Into $2,000 bondsto bave the work completed by August 20th or forfelt $25 a da Publishing company. Restraining the Liquor Trafiie, New York Eveniog Post, (Ind.) Prohibivonists often objeot to all tempts at regulating the liquor traflis by the impoaltion of a tax upon the seller or by the reqairement of a heavy fee for the privilege, upon the ground that the vend- {ng of splrltous drioks {s & orime, which the siate has no right to legalize, The supreme court of Illinols has lald down the law on the subject in y which will probably surprise such people. The court declares thet selllng liquor 1s a common law right of the vender, but that it is subject to such rales and regulations as the law- maklng power of the state may e fit to impose, This is obviously the common- sonse view of the matter. The trouble with the prohlbitionfsts {s that they en- tirely mistake the character of the act of delnking lquor, for that is what it all comes back v, They say that the state w uld have no right to llcense men to receive stolen goods, and that it was no more right to license men to sell Intoxi- catlog drinke, But for & man to steal is absolately and nec: lly a crlme, while for blm to take k of liguor—or half & dozen for that matter—is an entlrely innocent act, with which society bay n2 concern, unless the effects of the effacts of the llquor make him a disorder- ly person or acharge upon the communi. ty. Experlence shows that It does pro- dace this effect In a large msjority of cases, and the state has, {herefore, the right to place resiriction upon the sale of lquors. Outalde of rural communities, publle sentlment will not sustain at- tsmpta to enforce absolate paohibition, and the only practiosble way to restelot intemperance In citles and large towns Is t> impose heavy taxes or to exsct high- lcense fees. MYSTERIOUSLY MURDERED. Atchison, Kausas, the Sceme of a Foul and Fearfal Tragedy, Miss Mary Baldwin, an Eastimable Young Lady Found Dead Her Bed—Great Excitement, on The town of Atchlson, Kansas, ls jast now tereibly shaken up over a most foul oase of marder that was discovered there about 6 o'clock Wednesdsy even'ng. Miss Mary Baldwin, an estimablo, hand.- some, bright, and very popular young lady, is the viotlm. Of Mr. Robert Hunter, who came up from that place yosterday, o Bre reporter learnsd the partioulara, which are that Miss Baldwin’s dead body was found by two young men, In her own room, laying across the bed. There were no evidences of a struggle to be seen, but tbe glrl's neck and back showed signs of having b badly bralsed, and under her body wat found a small empty vial, on which was a torn label marked poison, The scene of the tragedy is a two-atory frame dwelling on West Commercial street, and consid- orably lsolated from any other bullding Miss Baldwin was virtuslly staylng alone, her father belng dead and her mother away, vislting frlends in Ohfo. Michael Fitzgerald and another young man, whose name could not be learned, roomed in an “L” addition to the house, but were separated from Miss Baldwin's apartments by a double wall and two doors. She was the botrothed of a young man named A, H. Lowis, and he was with her uantll 10 o'clock the night before. Fitzgerald was at & dance the night before and returned home about 12 o'clock. He entered the house from an outaide stalrway which leads dlrectly to his room, notlcsd nothing unususl about the premises and during the night heard nothing. He left the house Wednesday morning at 6 o'clock by the simo way and returned at 7 o'clock that evening with Charles Spaulding. On entering the house the two men found evidence of a forcible ent:ance and noticed that Miss Baldwin's room door was open, looked in and saw her lylng acroes the bead dead and the room in great disorder. | They at immédistely gave an alarm to the police and coroner who commenced at once to make an Investigation, A panel of the back door In the lower hall had been cut out, and through it the burglar evidently entered. The west room down staira was first ransacked, and then the robber must have gone up stairs to Miss Baldwin's room. She was known to have elegant jewelry, and In looking for that and other valuables, it is likely he awakened the poor girl, who was then attacked by him and murderad. Up to yesterdsy morning the dead glrl's jewelry had not been found,. nor was there any clue as to the whereabouts of of the fiendlsh murderer. When her father dled ho left a large estate and 1t was reported that conslder able money had been secured about the premises, Several attempts had pre- viously been made to rob the house. ——— SUPREME COURT DECISIONS, ADMINSTRATORS IN ACTION FOR DAMAGES. + LiNcowy, Jaly 7.—The suprame court has handed in the followlng declslons: B. & M. R. R. in Nebraska vs, Martha Orocket, adminlstratrix, Error from Lancsster county,rsversed, Maxwell, J. 1. In au action by the personal repre- sentatives of a deceased person to recover damages for hls death, It mast be alleged in the patitlon that the deceased left s widow or next of kin or both according to tho fact, 2. An objectlon made for the first tlmo cn the trial of a case that the pati- tlon doea not state facts sufficlent to con- stituto a cause of actlon, s not to be en- couraged, and if the defect complained of can be cored by an amendment, the court should permit an amendment to ba made instanter, and Jet the trlal procced. Tho want of a material averment however where objacticn is made is not cured by the verdict, 3. Where en administratix hadanthority when the actlon was commenced, to bring an astlon to recover damages for the desth of (hs intestats, a subsequent revo- cation of the authority must bs speclally pleaded and i3 not put in lssue by a de- nlal cf her autkorlty *'to suoor recover Ip and msiataln this actlon,” 4 Whers from eny cauee the powers of an adminlstrat)r cesses an action com- menced by him wil not therefore lapee; but upon the sppointment of a new ad- minisiration, the prosecution of the ac- tlon wiill proceed. PRINCIPAL AND AGENT, E. D. Webater, vs. J. T. Wray, error from Hitcheock county, affirmed, Max- well, J. A principal is bound by the acts of hls agent to the extent of the apparent au- thority conferred en him, VERE Halnes vs, Spanggle, Hamliton county, Reversed and de- crea for plalntif, Maxwell, J A verbal contract for th, estate which is cl under which pox lon of the premlses has been taken and acts of part perform. ance done, wlll be speclfically enforced. DAMAGES FROM DAMS, Satliff vs, Johnson et al, Seward county, reversed, Maxwell, J. 1. In proseedicgs In ad quod damnum the land owner ls entltled to compem tlon for the land overflowed and randered useless by reason of the erection of the dam; and for the dlminuatlon in valus of the residue of the tract by reason of the fucreased depth of the siream, 2, A party purchasing » mill, and dam across o stream, acquires by the purchase no greater right to malntaln the dam, than was possesied by his grantor; snd uatil the statttory bar Is complete will be liable in procesdings in ad quad damnum for the value of the land ove:flowed and appropriated by reason of the ereotion of thedam, Rayve, A, & N, R. R. Co., 4 Neb , 439, IONCELLATION OF WRITS OF MANDAMCS State ex rel., Graber vs. Matley et +]. Mandamus, Opinion by Maxzwell, J. 1, An alternative writ of mandamus appeal from Error from Opinion by 1|the original bill, was Issued to compsl the county clerk and board of convassera of G. conuty to re- awsemble and convass the votes of sald county for county wreal. The board st onoe proceeded to canvass the votes as commanded In the writ and made due re- tarn thereof. On the return day certain citizons of that county maked leave to Intervene upon the grounds of collusion and fraud between the relator and defen- dants, Lesave was granted. The coart daring the term at which 1t is Issued, may for sufficlent cause oan- cel an alternative wrlt of mandamus and all proceedings thereunder, where It Is made to appsar that the writ should not have been lssued. HOMESTEAD TITLE AND MORTGAGE. MoHugh vs, John A, Smiley, reheating on appeal from Douglas county, former judgment adhered to. Opinlon by Maxwell, J. 1. {n an ction In equity appealed from the distrlct to the supreme court, 1f the interests of the parties appealing are so united. with others as to require the taking up of the whole record, the entlre cass wlil be reversed. 2. An absolate deed of a homestead, the tltle of which was in the husband, was made as security for a debt, an agree- ment to recover upon the payment cf the debt made to the wife. Held, that the deed was a mortgage. 3. The law in force when the contract s made governs as to the right of home- stead, Wlere, under the homestead law of 1877 a deed of the homestead was exe- cuted by both husband and wife as secu- rlty for the debt, the fact that the hus- band without the consent of the wife took & lease of the premlses from the rantee In the deed will not effect the Eomam-d right. 4, Au agreement to tranafer the title of the property from the husband to the wife will not destroy the right of home- stead, {f the premies continue to be oc- capied by the debtor and his family as thelr home, McMahon va, Shielman, 16 Neb., 653, 5. A party purchasing part of a home- atead in the actual occupation of the fam. ily, at a sale under an ordinary executlon will not acquire a title if the property ‘was exempt. POWER OF UNIVERSITY REGENTS, State ev rel, Besset va. Baboock. Man- damaus writ depled. Opinion by Max- = well, J. Cobb, . J., dissents. The regents of the university, In the absence of an appropriation by the leg- {s'ature, have no power to dispose of the endowment fund or that derived from the ¢ mill tex, R:gents va. McOonnell, 5 Neb., 423, State va, Lreidtke, 9 Neb., 408, adhered to. INSUFFICIENT CAUSE OF ACTION, Johnton vs. Ellis, error from Fillmore county. Affimed, Oplnion by Cobb, 0. J. petitlonforgoods, wares and mer- chandise, sold and delivered, the items i ng the account In the followlng “To Insurance £600.” “To Bal- anca on oats check $6,30” without ex- planation held not euffictent to constitute a cause of antion. 2. Upon the whole cate, held: That the verdict of the jury s not sufliciently apjust or unsupported by the evidence to justify a reverdal of the judgment. MECHANICS LIEN, Gray vs. Dohle, appeal from Douglas county, Affirmed, Cobb, C. J., dis- sents. Under the mechanics’ lien law, the lien of a materlal man for material fur- nilhed for the erection of a bullding un:, der sn agrsement with the contractor extends only to such materlals as were used in or delivered at the building for use therein. HARLAN COUNTY SEAT CONTEST, -rel,Harvey vs. Piper et al, man- amus, writ denied, Opinion by Max- well, J. Cobb C. J., dissents. 1, epecial act of the leglslature h,provides that certaln territory the boundaries of which are given, shall be deslgnated Harlan [county, appolnts certaln persons commissioners, and re- quires them within thirty dsys to call an electlon for the purpose of electing county cfficers and selecting a slte fora county seat, Is not In confllct with the constitution which inhibits the conferiicg of corporate powers by speelal act. 2, The reglstration law is to be used as a shleld, and not as a sword; as a means to prevent {llegal voting and not to dis- franchise the voters of a county or lts subdivisions; therefore whera a s'atute 1imlis the time for holding an election to a lozs number of days than fs required for the reglstration of voters, and uo reglstration is had, the votes cast at such election will not on that acsount be illegal, 3. At an election held in Harlan coun- ty on the 3d day of July, 1871, in suance of the statute, the place which received a mejority of all the votes cast thersby become the county seat of that county; and the court will not fn a colla- torai proceeding, fourteen yoars after- wards, irqaire into irregularities at euch clectlon where no direct proceedings have bean had to set it aside, and the place thas designa‘ed has bean in fact the county seat sircs the yoar 1876, SUBCONTRACTORS' RIGHTS, Eiward Marriner, et al , va. Paxtor, ‘Appeal from Dougles county, Aflics Cobb, C, J,, diesents, A sabeontractor who farnishes malee- ials for a buildlog, but whose contract was made with the contractor alone, cin acquire a llen under the mecanles lien law for such materlals only as were delivered at the bullding for use therein, or wera actually used in the construction thereof, BILL OF EXCEPTIONS, Hogan va. O'Niel. Error from Dakota county, Affirmed. Opinlon by Reese, J. ‘Where the orlglnal bill of exceptions in a cause tried In the distrlct court is intended to be used in the supreme cou the clerk of the dlstrlct court must tach his certificate to the same chat it la Aultmsn v, Patler- son, 14th Neb., 57. 2. The objectlon to such bill may be taken either by motlon to quash the ex- ceptlon, or on the final hearing,. Mewis v, Johnson, b Neb., 217, DAMAGES FOR RIGHT OF WAY. The O. N. & B, H, R. R, o, vs, Gerrard, et al. Error from Platte county. Opinion by Reese, J. A and B were In possesslon of real estate, having a title of record therefor, The railroad company, desirlng to con struct its road over the real estate, ap- plied to them for the grant of the right of way, which was refused, It then ap- plied to the county judge for theappolut- ment of commlssioners to assess the damage to the real estato by rasson of the appropriation of the necessary right of way, alleglng A and B as the ownera aud thelr refusal to make the grant, 1t was then agreed between the railroad company snd A and B that the land might be taken and occupled In the con- struction of the rosd and the damages so- tled by s commission to be hereafer appointed, The commission was subse- quently appolnted and the damages as- sessed from which the R, R, Co, ap- pesled. No other person was mades party to the proceedings in the distriot coart and no other person clalmed any interest In the land nor demsnded the damsges. Held that the R. R. Co. cou'd not dispute the ownership of A, and B, nor thelr right to the damages assessed by the commissloners. ORDER OF TAKING TESTIMONY, leber va. Welden, error from Fillmore county, afirmed. Opinfon by Reese, J. Upon the trial the testimony should be introduced in the order in which the Is. suen are prosented by the ploadings Whero the plaintiff st the beginning of the trial, and before the defendant had produced any evidence, Introduced tes mony to sustatn the allagations of his re: gly. and which shonld been intro- uced only for the purpose Jof rebutting testlmony offered to sustain the allegations of defendants answer, it was held not to be error for the trlal court, upon mo tlon, to order the testimony stricken ont. 2. When testimony Is offered and ex- oluded, the bill of exceptionss must set forth the testimony thus offered and re- jected, McMillen va. Malloy, 10 Neb. 228, 3. Evldenoe held not sufficient to show that a sottlement and payment of money was obtalned by daress. AWARDS OF ARBITRATORS, Graves vs. Scoville, Error from Jef- farson county. Reve.sed, opinion by Roese, J. 1. Aftidavits used a J:vidence upon the hearing of a motion in the dlstrlct court, will not be considered in the supreme court, unless preserved as a part of the record by a blll of exceptions, And where such papers aae tmproperly attached to the record they will upon motion, be stricken from the files. 2 Where a caueeis submlitted to an arbltrator, without sult, under the pro- vislons of title 28 of the civil code, and the arbitrator presents and files his award in the dlstrict court, such award may be attacked bya motlon to reject and szt 1t aslde for any legal and sufliclent reasons (sectlon 874 clvil code). If such motlon is overraled, and judgment ren- dered upon the award, over the objection and exception of the party attacking it, the declston of the distrlct court on such motion may be reversed upon error with- out a motion for a new trial having first been made In the dlstrict court. 8. An award of arbltrators must stats the facts found by them and thelr con- clustons of law separately. Murry va Mills, 1 Neb. 456, FRANKLIN COUNTY JUDGESHIP, Pracher vs Hart, quo warranto judg- ment _of Ouster, opinion by Cogb. Ch. 8. 1. Where it appeats prima facia that acts or events have occurred subjecting an office to a jadiclal declaratlon oi being vacant, the authorlty having the power to fiil the vacancy anpposing the office to be vacent, may proceed before procuring judiclal declaration ot the vacancy, to appolnt or elect, according to the form of law, & person to fill it. Leal ys Jones, ) Ind. 356. 2 A vacancy may exist in the office of oonnty judge, although the dutles of such oftice are being discharged by a person tomporarily appolnted by the proper au- thority. 3. Upon the pleadings and evldence in the case held; that the date of this fillng of the information hereln, the respondent John R. Hart was not entitled to the office of county judge of Franklia county, but did unlawfally hold and exercise the dutles, franchises and jurlediction thereof, 4. The usual writ of ouster ordered to irsue. MANDAMUS DENIED, State ex rel., McClelland et al vs, County Board York County. Mandamus, Wrlt denied. Demurrer sustalned. Reese, J. The application for mandamus exam- ined and held not sufficlent to warrant the {ssuance of a writ. ART AND MUSIC KIMBALL PIANOS Sheet Muslo and Booke. EMERSONPIANOS Masical 1nstrumente, Hallott & Davis Planos Viollos, Guitars and Ban os. KIMBALLORCANS Piano Stools ana Coyers, Artists’ Materials. 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Prov's AE6-@) rer, pewaed o O It e ey ek By Ty x5 R e UPPREMANN, SOLE AQENT, 31 BROADWAY, . X. THE BEST THING OUT FOR Washing & Bleaching In Hard or Soft, Hot or Cold Water. BAVES LAROR, TiMK and S0AP AMAZ: and glves uaniversalsatisfaction. No famil; should be without It. Sold by all grocers. Brs signed to misiead. PRARL saving compound and alwi bel and name ot JAMES PYLE 1x of mitations well de- ® 18 tho ONLY BAPR lubor 8 bears the above eym- NEW YORK. THERELL, 155 _and 17 Wabneh Avenud, > Ou AU ACTORRI OF Hair Cloth and _Wire Bustles, Hoop Skirts, Hair Cloth Skirts,f 1 AND A FULL LINE OF UNITED STATES National Bank! U. 8. DEPOSITORY, §. W. Cor, Farnam and 12th Sts COspital, - $100,000.00 0, W. HAMILTON, Prea't, M. T. BARLOW, Onehies DIBEOTORS: H, M, OaLpweLL, B, F. BmiTR, 0, W, HaMILTOR, M. T, BanrLow, 0. WiLL HaMILTON, Accounts solicited and kept subject to cight check Certifi :ates of Deposit Issued payable In 3, and 12 months, bearing Intarest, or on do- mand without interest. Advances made to customers or approved ecurities at market rates of interest. The Intereats of customars are closely guard ed and every fucility compatible with princl- ples of sound banking freely exteaded, Draw sight drafts on ,England, Ireland Seotland, and all parts of Europe. Sell European passage ticksta M. R. RISDON, e Tngurance Agent REPRESENTS| Phonix Insurance Co., London, Cash Assots Wostche: 5, &y Morchants of No Gleard Fire, Philadelphia,Ass Now Eampshire, Casb Assets... ——. . . 1,018,000 polita West, Northwest and Bouthwest. The CGreat Rock Island Route its patrons that sense of personal d by @ solid, thoroughly ballasted | 410t in Thoraburg R. R. CABLE, E. 8T. JOHN, Pres't & Gen'l Mg'r, Gen'l Tkt & Pase. Ap'ty CHICAGO, Notice! Notice! Noticel THE MAGNETIC HEALER, To all who are diseased or affifcted, no mattor bow long the standing; come and bo healed, Feamalo dis- oases where medicincs bave falled to give relicf, a epecialty; come one, come all gnetic bieal apo from any dis. ease. For examinatlon, our cha‘ges are §1. for each treatmant, or visitations §2; terms strictly cash, J. H. PAGELAR, North Stato 8t., one milo wes; of Falr Grounds Omaha, Ne 0, Bax 633, Omaha Real Estate and Loan Co. FOR SALE., 6 lots in Grandview Add, $200 to 8400 each, 2} lots i Redick's Add, $600, n Hascall's Add to Okohoma, $350 each, 8 lota in Plainylew and Kirkwood Add, $300 to $100 each. 7 lots in Lowe's Add, $175 to 8300 each, House and lot , N 19th 8t,, $1300, 10 lots in Shinn's Add., at from $700 to $1000 500 to 8900, ace, st 3 0 to $300, house of 8rooms aud full lot, in E. V. Smith's Add, North 22d St,, 81700, 6 lots in Hunscom Place, 850 'to $500 each. Other residence property, improved and un- improved, in all parts cf tho city. A full lot on Farnam Bt, in the center of bus- inoss, §24,000, Corner lot on Howard St,, in conter of bus- iness, $16,000, Full lot on Harney St., nicely situated for busines, £10,000, Several pleces of fine_ business property on Dodge St., between 11th and 1th, for sale cheap. A good location on 16th St., for 3 or 4 stores at a bargain, 4 lot on Ualdwell St., 8500; & bargaln A cheap property on Sherman Ave.; o bars gain. 15 beautiful lota in Kilby Pl Money toloan on real estate security, JOHN T. DILLON, Manager 1 Rooms § and 10 Frenzer Block, Upp. P, 0, each, 6 lots in Parker's Add., at from