Omaha Daily Bee Newspaper, June 9, 1887, Page 5

' THE OMAHA DAILY BEE: THURSDAY. JUNE 9. 1887, BIDS FOR STATE BUILDINGS, Offers Opened For Erecting a Blind Asylum, Refort 8chool and Soldiers' Home, SUPREME COURY PROCEEDINGS. Beveral Decisions Hunded Down By 1hat Body—Districe Court Noted =Closing Days —Capital City Happenings. |FROM THE LEF'S LINCOLN NUREAT. ) The following were the bids for ercet- ing state buildings opened yesterday: I John I, Brow! Harry Walls. J. F.'Welch and ‘Thomas Prf C. B. Beckel & ( Ellia Reynolds & Co Eilis Reynolds & C W. T. Scott.... Charles Gunther. . D. Purdy.. Grand 1sland Iter Knet Ellis Reynold SUPREME COURT PROC! 3, State ex rel Betry v. Babcock. Man Writ denied. Opinion by Reese, J. 1. Statute should be construed, if pos- eible, so as to give eflect to every clause, and one act should not be placed in an- tagonism with another prior act uniess such was clearly the intent of the legis- lature. 2, All statutes in pari materia must be taken together and construed as if they were one law. Hendrix v. Reineman, 6 Neb., 516. 8. A statute will not be considered re- pealed by implication unless the repug- nancy bétween the new provision and the former statu plain and unavoid- able. Lawson v. Gibson, 18 1d. 137, 4. The provisions of section 28 of chap- ter 18, ot the compiled statutes of 1885, which requires the adovtion of the amount of tax to be levied to meet the liability incurred by theissuance of bonds 1s mandatory, and must be complied with in the issuance of precinct bonds under the provisions of chapter 58, of the ses- sion of laws of 1885, as well asin the {ssuance of rmm(?' bonds. Nebraska Land & Cattle company vs Bowle. Error from Buffalo county. Reversed and remandea. Opinion by Reese, J. 1. Evidence examined and held not to sustain the finding ot the district court. Atkinson vs Hasty, Error from Furnas county. Affirmed. Opinion by Reese, J. 1. The county court of a county of which a deceased intestate was an inhab- itant or resident has jurisdiction to ap- point an administrator, when these facts are shown and it is made to 1\|nFe:\r that an administrator is necessary. This juris- diction is conferred by section 177 of chapter 23 of the compiled statutes of 1885. 2. During the first thirty days after the death of an intestate the right of admin- fstration is conferred upon the next of kin (or widow 1f there is one), or such person as they may select, if suitable and and competent to discharge the trust. After the expiration of that time the right “is conferred upon the principal creditors ot the estate. If no such persons are competent or willing to accept the trast, 1t is the duty of the county judge to select such other person, or persons, as he may think pro Sec. 178, 1d. And for this purpose the discretion is vested in the county judge to be exercised for the best interest of the estate and those interest- ed therein, 8. After tho expiration of the thlrt{ days provided by section 178, chapter 23, of the compiled statutes, within which the widow or next of kin of an intestate may apply for administration of the estate, 1t is not necessary that a petition for the appointment of an administrator should allege that the porson whose ap- pointment is sought is the next of kin, or selected by the next of kin to the intes- tate. Nor would it be necessary after the expiration of about two years after the decease to allege that there were no creditors competent or willing to accept the trust in order to confer jurisdiction to appoint some other suitable person, as the uonulygudga might think proper. Savage vs. Aiken, Error from G“ie connty. Raversed Remanded. Opinion by Reese, J. 1. Un the 26th day of July, plaintiff instituted his _action against defendant upon acount for money had and received. Upon the trial, for the purpose of sus- u{’ninn his case, he introduced evidence tending to prove an account stated on the 12th of August, 1871, He also intro- duced a stipulation entered into between the parties in a suit pending in the circuit court of Adams county, Illinois, dated October 26th, 1877, whereby defendant £ nsenm‘ to & judgment in that action. The stipulation was admitted over his ob- Jection of defendant. Held, error, as not tending to prove the allegations of the petition, 2. A plaintiff can rocover only on the causa of action stated in his petition. 1t is not the province of a reply to introduce a new or different cause of action from that statud in the petition. 8. Where an action is prosecuted upon an acoount stated by a defendant and in which he charges himself with nterest on money in his hands as the rate of 10 per opnt'gu- mn&m. tv.h{l wlll.‘i:flllyh: ‘promise interest at that r: roof lhowm statoment to have the ef- ect of an account stated. 4. If, 1n an action for money, it is shown that payments have been made or money cotlected upon the same account after the commencement of the suit, by judgment 1n a foreign court or otherwise, the re- covery can only be for the balance re- maining due, But before a defense of that kind can be mado the issue must be presented in the pleadmgs. Furrow ve. Athey, Avppeal from Richardso: county, A&:’m pinion by Reese, J. 1. A deed of conveyance of real estate executed by the husband direct to the wife, in the absence of fraud, and where neither the rights of creditors nor subse- quent purchasers intervene, will convey to her such real estate without the inter- veution of a third party or trusteo, 2. Where the husband and wife ococupy a homestead, then title to which is in the name of the husband, a deed of convey- unce from the husband to the wife, signed and aeknowledged by him alone, although not signed “and acknowledged by the wife. aggerty vs Walker, Error from Holt gnulnty. Reversed and remanded. Opinion y A 1. Unless a default is caused by the flou laches of a defendant by his author- ized attorney, he should be permittea to answer upon suvh terms asto the pay- ment of costs as may be prescribed by the court at any time before judgment is ren- dered, and where it is apparent that the answer greunu & wmeritorious defense the must permit the answer to be . The affidavit of the clerk of the dis- trict court cannot bo resorted to for the purpose of correcting a transcript of the record certifiod to by him, If a false or erroneous record is certitied to by him, 1t should oorrected by a eertified tran- soript of the rocord as it is. 3. Auswer ex: held tostate & B Co. Error fro 1 . m - low W 0 .fl fon sus an ing dismiseed. Qpinion by Reese, J. 1. Where a judgment was rendered November 5, 1 and a petition in er- ror was filed in_the supreme oourt De- cember 24th, 1886, a motion to disanss for wi lotlufldlcdqn was_sustained, the petition ot court. ration of the timo in might oae {n’r wflmfig rno‘lr 1% be instituted in the supreme court, the defendant in error stipulated with plain- tiff in error waiving the 1ssuance and service of summons in error, and agreeing that the cauge might be heard at a term then in session. It was held that such waiver and stipulation did not give authority to plaintiftin error to commence the action after the expira- tion of the time tixed by statute, and after the final adjournment of the term at which 1t was agreed the cause should be submitted. erly & Son vs, Van Slyke. Error from Fillmore cou Reversed and remanded. Opinion by Reese, J. An instruction to a jury not warranted by the pleadings nor evidence, will re- quire the reversal of the judgment, if it huve a tendency to mislead the jury. Allyn vs State. ‘Error from Dawson county, Aftirmed. Opinion by Reese, J. 1. Where a defendaat is put on trial for a misdemeanor without a plea to the dictment having been entered, it isa mere technical error or irregularity which does not affect any of his substantial rights and affords no ground for of a judgment of conviction. Vide, vs Hays, 24 N. W. Rep, 3 2. The fact thata defendant was acting as the agent of another in the comm! sion of an offense, will afford no excu or justification for the act in a prosecu- tion therefor. CLOSING In addition to the v ment exercises at the 8 university that commenced with th t reception last evening, the citizens of the capital city should remember that to-night oc- curs the closing excrcises of the high school cluss that completes the course iu the public schools this year. There are thirty-three in this class, among the rightest of young people in Lincoln. At 1:30 to-day ‘st the opera house the cluss programme will be given that will be made up of orations, essays, recita- tions and music. In the evening the commencement programmn ill be given and the diplomas granted by the presi- dent of the board, IN DISTRICT COURT. The eriminal calendar is in progress in the jury branch of the district court. Th Walters case, for rape, that reat deal of attention at its preliminar, hearing, was disposed of by an acequittal, and the Glenon cs ssuult with felonious i commence- W ng the clos- in{z touches yesterduy. ‘This is a case wherein it was telegraphed abroad that the man had killed a halt dozen or more of his family and fought for hours with the ofticers.” It was simply a family quar- rel between Glenon and his wife, who were keeping up the music while a divorce suit was pending between the un- happy puir. BRIEF ITEMS, A curious case is up in the supreme court, in which the validity of an election of councilmen in the village of Sutton is in question. These councilmen, it is cluimed, were created under an ordi- nance that was declared passed when a ;nnjpntyof the village board did not vote or it, Judge Thurston returned to Omaha yes- terduy, after delivering his lecture on Grant for the benefit of Farragut post. Mrs. Thurston accompanied her husband on this occasion of his visit to Lincoln, The cricket club of Lincoln will visit Omaha on July 4 and proceed to test strength with the cricketers of that place in a match game. The paid attorneys of the asphalt com- pany and the mouth-piece of the same, the Journal, continue to agitate, and con- venient communications appear in that paper. It is stated that the attornoys for tins paving company threaten, if they are interfered with, to turn out and work to defeat the vote ot sewer bonds to take Elucc at ancarly day. The Journal may e exnected to take the same shoot., The county commissioners have pub- lished a notice, declaring the otheial vote as cast upon the question of voting court house bonds, and declaring the proposi- tion carried. The oflicial vote was as follows: For bonds, 2,416; against bonds, 612. The Rapid Transit strcet railway com- pany have a force of fllqi men at work laying their tracks along Twefth street and in a very short time they will have a line as far north as the fair grounds. All this is business and just what Lincoln peo- ple enjoy. o Yesterday was the 1ast day upon which to file bids with the board of public lands and buildings for the new state buildings :}‘l "l,(eu'ney. Grand Island and Nebraska ————— REAL ESTATE. Transfers Filed June 7, 1887, M T Patrick and wife to Lewis H Grell, lot 14, block 11, Patrick’s 2d A, W dooouesiiiin it f Alfred P Hopkins and otbers,executor and executrix, to August Faust, lots 4,5, 6,7, 8, 9, block 8, Millard, deed.. Charles H King and wife to Emll( Butterfield, lots 11, 12, 13, 14, 15, 16, t 1,975 1,000 825 h !n Edward Fearon, lots 22, 23, 34, McIntosh’s subdivision of lots 4, 5, Lane’s subdivision, w d.. 2,800 James G Megeath and wife to William Clancy, lot 57, and n of lot 56, Windsor Place, W d..........o0veies John Hunton and wife to William W Corlett, lfill 5, 1, block 6, Boyd's L, q ¢ bogs add. William L Ta B 20x100 of tax lot 43, west 10, 1 l’hl'd-....... . and others to Rachel M M Pruyn 100 of tax lot 43, in wi§ of swi{, 10,15, 18, W dhvozvaanenennns mith and wite to L P Pruyn, lots from 2 to 16, inclusive, In Smith gton, lnudw. 14and 17, blk 2, Clarendon, [ dasereesaaiesianaties qul.nuc Remington and wite to Wil- ldhllln -‘é dClnry, lot 17, blk 8, Claren- 0] e ..., 22 ireaeies [}] lfil William H Cleary, ot 1, hik 8 Clarondon add, w & South Omaha Land mmi)my to Henry Curtis, lot 8, blk 65, South Omaha, wd.... W WL Selbfi and wi lot 2, blk 14, Bedford vlace, w d 1,000 Jefferson W Bedford and wite to' W L Selby, lots 2aud 3, blk 2, Kirk- ‘wood ,wd. . voiiee John H Harwon to Joseph £ MoGill, undivided half interest in lot 12, blk 9, Patrick’s Snd add.......... " Henty W Mudd to Maurice K Barnel a&?:fnnfl:‘ (l;.o!ku 120 ft otdl 150 of rk place, w Edwin H Bhuwooxl to_the at of Sherwood park, being & sub- ivision of lots 10 and 11, Lowe’s 24 add, ication Waruer E Smith to Nellie R Smith, undlvided % of lot ¥ bik 4, Saunders WA, oieiies and wife to Neiile it 2,000 700 1,000 Himebaugh's add, Warner E Smif gmlflu 1ot 20 blk 21, Walnut Hill, w John 'McDonald to’J Phipps ‘Roe, iot "!. lIlnlk ‘io. Hanscom le.ppl.w west 8 Miller, MY Shuith andl wide 10 Gaorae W Mlock.dlm 1 blk “D."oglm IOk M R i Godise W .lou:&u aid 15, blk 11, Bed- syt N o ‘wes!| :'nsul. l-mll&ll:gur subdivision i at the sou! l;:du!nulu A | the railroad corporations toward THE RAILROAD QUESTION, The Rallroads and the later-State Commerce Law, FruLey, Neb., June 6,--Nebraska State Farmers' Alliance, Secretary's Office =To Members of the Alliance,and all Farmers of the Country: The present aspect of the railroad question, and the attitude of the inter-state commerce law, is a subject of peculiar interest to the farmers of the country. This question has reached 1ts present development through agitation which has originated with and been car- ried forward by the farming community. The old grange was the outgrowth of the onpressions of railroad corporations. All atute books of Nebraska having for their object the regulation of railroad corporations, were enacted 1n response to the demund of the farmers. While these laws have in no case accom- plished the end sought,they illustrate the fact that legislators will take action in response to public opinion. The actual state of facts now existing illustrates another important factor; that the rail- road corporations, while unable to pre- vent the enactment of laws intended to regulate their business and curb their greed, have by superior legislative tactics, by the emvloyment of an unscrupulous lobby, and the lavish wuse of cor- rupting influeaces, been able to render those laws up to the present tine, of very little use in the way of relief to the overburdened farmers of this state or the nation. The Doane law had no machinery for its enforcement. The Commission law offered the roads a convenient tool to cloak their designs and carry forward their schemes of greed. The inter-state commerce law und the Keckley anti-grain pool law have simpl oftered them a pretense to raise their uf‘: ready enormous chargeson grain shipped out of the state, Look at the monstrous state of facts as they existed previous to the passage of the Keckley bill by the late lamented legislature, = All the grain shippers of the state were in one pool—the Nebraska Grain Dealers’ association—and were under bonds to be % ned as to prices paid for grain, by daily instructions from headquarters. The nominal freight rate on grain to Chicago was announced to the farmers as 85 cents per hundred. This was rebated by the roads—in viola- tion of law—so as to make the actual rate to the shippers 20 cents per hundred, and the men who constituted headquarters for this association—the men who daily dictated the price paid to the farmers of of this state for their grain, were—who? Why, the general freight agents of the pooled railvonds of this state! These are the men who organized and controlled tnis infamous association. These are the men who, going into railroad employ at a few thousand a year, soon biossom into millionaires by the unsurpassed facilitics they have for absorbing the fruits of other men’s labor, Now came the inter- state commerce law and the Keckley bill. Under both these laws the Grain Dealers’ association became 1llegal. What resulted? The association was disbanded, the ates were discontinued, and the regular rate on grain to Chici made 25 cents per hundred, an advance of 5 cents per hundred. What does this amount to on the crops of Nebraska for one year? On the wheat crop of 1884 it would amount to %850,000. How is that for taxation? On the corn crop of Ne- braska for 1884 this advance represents the sum of $3,600,000. Taking that crop as a basis you can form some idea of the sum by which the value of your crops are diminished by this imquitous and un- necessary attempt to make the inter- state commerce law obnoxious to the people. The inter-state law prohibits pools; but inter-state roads have invented and adopted another device which, while evading the law, comprises the very es- sence of the pool lines to competing oints—vary their rates so as to throw usiness between two goints to any road they please. If the law fixed rates and ad- ixste their tanffs, they would be unable do this. In regard to the long and short haul clause, the roads of Nebraska, while pre- tending to comply with the law, are sys- tematically violating it every day, In prohbiting the charging of a greater amount for the short than the long haul, the words “on the same line'' aro used: Now, while practically all the roads of tho B. & M. for instance, aro the same line, theoretically, and for the purpose of violating this law, every branch road of the B, & M. 1¢ considered by this com- pany a separate line. So whenever freight passes from one line of the road to what they are pleased to consider an- other line, the inter-state commerce law is entirely disregarded and they charge in some cases twice as much for the short as for the lopg haul. Up to the present time they haye made the law a convenient excuse for increasing the bur- dens of the farmers. + In the matter of passes the law has been a special providence to them. They have been enabled to lop off a burden- some dead-head list, while men who may be useful to them retain their free ride as “‘employes of the compauny.” Dele- gates to conventions which they may wish to_control will hereafter become railroad employes as soon as chosen and remain so until the convention returns home. Legal shysters whose highest am- bition is to serve a corporation will ride free as railroad emzloyel. Brass-collared editors will aisu take "railroad employ- ment, whilethe great army of little coun- try editors have lost thelr passes and time-table advertisements at the same time, and are now aiding the roads in making the law obnoxious to the people. As far as sactual comtrol of the corporations i3 concerned, it is safe to say that up to the present time very little practical good has been accomplishea, except perhaps to open the eyes of the mtelligent r- tion of the people to the magnitude and mlllguity of this irresponsible power which” is growing up among us. Ingenuity in controlling the details of laws,and evading theirexecution when cnacted, has thus far ncarly neutralized every cffort of the peome. One fact, however, presents a ray of hope. The roads dare not openiy defy the law. They will shumelessly corrupt a legisla- ture, as scen the past winter in this state, invent ingenuious avasions and make costly contests; but they make a nominal showing of obedience to IIIK law which public opinion sustains, This being the case, the right laws have only to be assed to regulate this whole question, 'he actual per cent. of return thata road may receive upon actual capital invested above operating expenses, must be fixes by law. This necessarily involves a su- rvision of operating expenses, an ad- justment of salaries, and & control of all the details of management almost as much as though the ownership was in the governmnent. Make the tariffs for the roads, establish the salaries Y may 1 - nt ‘:o gnum;. nupem preven! and evasion, m:‘ make the exccution of those laws mandatory upon 8 compe- %nl and respohsible execuf authority. have the point when this necessary. s on!&.on other alternative for the people—-that is, actual government ownership. But beyond and above all questions of material nterest, alt questions of taxa- ;l’n—pl {, Nl"l:pl wjthin the realms [ ative xl&ap tral fact that e pmbes }5. reat central fact thal Tes| o ower unknown ‘lo &: iommmon. soulless as & ration, aminated by no impulse of patriotism, lust for gain, usurping every virtuous ambition, own- ing no l”umto(ind Or man except EI by devotion to *‘the com- pany, insidiously sapping the very foundations of our free government. No influence of the nineteenth century—not even the tide of infidelity that has for the last dozen years been sweeping over the world = o retarded true civilization and so cc pted the heart of humanity as the railroad power. It has substituted greed of Mummon—"that least crected spirit that fell from heaven’ noble impulse. 1t has de, ballott to be a thing of mere barter trade. It has taught men to look uwpon their temples of law as things having a price. In thou ds of cases it has made talented clergymen mere sycophants to a power that could pull them from their pulpits, and has thus degraded the church, It has pulled down every sacred image enshrined in mens' hearts and substituted grasping avarice in- stead. While doing all this 1t has burdened the eople withdebts of appalling magnitude, and concentrating the wealth and politieal }mwer of the country in the hands of a lew of its high priests, who use it only to achieve more wealth, more power, and more corruption. Under its blightinfi sway representative governments wi soon have become a tradition of the past. Legislatures, congresses, courts, presi- dents and commissioners will own its regal power—the corruption of the bal- lot will soon be followed by the apathy and indifference of the people, and the magnificent republic bequeathed to us by our fathers, will sink 1o a military despotism, controlled by a monopolistic and monied oligarchy, as bave all the great republics of the past. Or—a ques- tion of absorbing interest—will history at this point cease to repeat itself, and will this populace, which is different from any of the ancient times, turn and rend the power which has never felt a Fvnvrous impulse, and which refuses to e just? The phenominal growth of the alliance is largely attributable to the attitude of railroads toward the inter-state law, and their evident determination to make it and uverfy law which may source of oppression. | between justice, honesty. the one hand, and corporation greed on the other. The peovle and every the rm)plu, must win their own victories, or they will not be won. Attention to this question, and of it until 1t is rightly settled, i d duty which every If and his posterif is the price of hh“n{ Your rights will never be conced: unless you are prepared to seize them and defend them, You will only win respect and attention as a class when you are combined ns a class, the seme as are other classes, Had there been 500,000 farmer votes to be cast solid for the interests of farmers, do you “Eternal vigilanc think the inter-state commission would have been composed of tive lawyers and no farmer? Demand the fair execution of this law, and show the commission and the country that there is a_healthy public sentiment in favor of it, and it will be executed, its defects will be seen, and you will be able to instruct your representatives how to amend it. ' J. Burrows, Secretary Nebraska State Alliance. Vice President National Alliance. == MOST PERFECT MADE Used by the United States Government. Endorsad by the boade of the Grost Univarsities and Public Food Analystsas The Strongest, Purest, d most Healthful. Dr. Price's the only Baking wder that does not contain Ammonia, Lime ot m, Dr, Price's Extracts, "lnflll‘ TLemon, etc. rdeliciously. PRICE BAKING POWDERCO, 10 fact that three pounds of Cosmo- Intment were her - : X B Wi kiRl ‘Blac! {"alve years o well woman Her hasban C. A. Bafley, is in business at113¢ Blackstone 8! Boston, and will take pleasare b giving the detalls f this wonderful cure, Bend 1o us for Treatise ‘and 8kin D miled froe. Tus BWIFT SPECIFIO g Drawer 3, Atlants. Ga J& T COUSNS SHOE Embody the highest exéllencies in Shape liness, Comfort an@“Purabiltty and th Reigning Favorites n fashionable circles Our name is on e ry sale. J. & T. Cousins, New York. ROSE POLYTECHNIC INSTITUTE, hool of Eng TAR and. HEARTLESS CRUELTY. Few persons realize how thoroughly they are controllad by prejudice even to their own disadvantage, For many years the treatment for rheumatism, neuralgia, scia- tica and headach has been by some outward application, and therefore, without stop- ping to think that the origin of these trou- ples must, from necessity, be internal, the weary sufferer continues to rub, rub and find no relief, Athlophoros is taken inter- nally, and as a proof that this is the correct principle, it cures surely and quickly, Tha statement of those who have been cured ought to convince the incredulous, Palmyra, Neb, August 3d, 1856, I believe I have been greatly benefitted by Athlophoros. Ikeep it in the house all time, and if I feel a twinge of 1heumatism I take a dose, I have not had to take any for months, and hope I am permanently cured, have not hesitated on recom- mending it largely and have helped others with it Rev E | Birp, Mrs Geo Hoffman, Cedar Falls, lIowa, says: ‘‘My husband wascured of rheuma tisin by the use of Athlophoros. Three bot- tles of that medicine cured him entirely so that he has not had an ache from rheuma- tism since, and that is now over a year ago. For twenty years previous there was never a time that he was free from pain, Doctors nor medicine could drive the disease away. With the sciatic rheumatism in his right side the doctors said he wovld always have it and they did not think there was any curc, He was suffering very much from a severe attack when Athlophoros took hold of the disease at once, and by, the time he had taken three bottles he was entirely well and went to work at once Every druggist should keep Athlopho- ros and Atl\tmlmrus Pills, but where they cannot be bought of the druggist the Athlophoros Co., 112 Wall St., New York, will send cither (carriage pni\l) on receipt of regular price, which is $1.00 per bottle for Athlophoros and 50c. for Pills, For liver and kidney disenses, dyspepsia, in- digestion, wenkness, nervous debility, disoases of wom, constipation, headuoha, blood, ete. . Athlophoros Pills are unequ PAT. OCT.IS1%.1886. AB KaE Warranted to nelther break down of roll we Xibo Ine without KABO T will eost yon notl Joubtoi ot oo noing ot as presented, CHICAGO CORSET CO. CHICACO. NEW YORK. Eleciric & Magnet Selentifie, Powerful, Durabie Effective. Avold fraudd. o pam IS EABER. VENTOR. 181 WARASH AVE.. PHIBAD. Debllitated thro. etions or ALS Dy og. HORNE: in urrets of R il weak partarestor orousBtrangih, Eluciri ireatest Improvsuients over al anently cured in three niontly e Sanden Electrio Co. > 0906 GAOF SON & DA IS Legal Notice. TD Dana G. Jones, Eva S. Jones, Fatty A. Holton and Henry L. Stuart, non-resident defendants: You aro hereby notified that on the 10th day of May, 1887, & petition was filed in_the district court within and for the county of Douglus and stato of Nebraska, by Wiliam A. Paxton, junior laintiff, by Wi, A. Paxton, senior, his next riend, and against you impieaded with others as dofondants, the object and prayer of which tition is that cortain doods exocuted by Wm. . Handy to Henry L. Stuart and by Henry L. Stuart to Wm. W.Handy on the 30th day of Mauy, 167, each conveying an undivided half interest in certain Ia n said petition de- scribod may bo ostablishod and decreed to be & conveynnce in ejuity of said interosts; that the title of the said plaintif in and to the sajd promisce described as the south !5 of the south- east i{ of section 3, and the north 3 of the north-east i of ion 10, and the south 16'% rods by 160 rods cast and west of the north 4 of the south-easc X of section 3, ll in township 15, north of range 12 oast, in sald county and state, may be decreed to be superior in equity to sny title or claim held or asserted thereto by you or either of you; that you and each of you may be excluded Trom any “right, intorest or title in or to said premises or any part thereof; that cer- :Iln aoe‘tlh mldab the heirs ofr:m‘ z Handy 0 one Henry O. Jopes, pur) g Lo convey 8aid premises or an interest !ml‘rn to him mi be ordered be canceled of + 8D that you and each of you may bo en- Joined “from interfering of in any way inter- moddung with the title or possession eof the said plaintiff in or to said premisce or any part thereof, aud that in the meantime and until the final halflng.of this oase, & temporar unotion may be aliowed restraining an joining you uud each of you from prosecuting a certain action begun in said oourt by said Honry O. Joues and against this plaintiff, and now pending thorein, to recover possession of said premises and for other and general relief. \'v): are required to answer ssid petition on the 27th day of June, 1887, G&)?w. DOANE, Attorney for Plaintiff, mylld5w Proposals for Real Estate, (SEALED Proposula will be rocoived by the undersigned until b o'clock p. m. Monday, Juns Gth, 1887, for tna following desoribed real estate: Lots 1, 2 and3, in block 4, in Boggs and Hill's and addition to the city of Omaha. The board reserves the right to reject any and all bids. By order of the Board of Edueation. my19d20t __CnARLES CONOYER, Secrotary, Proposals for Gradiang. SEALET) pr-uuulh will be received by the undersigned untii 11 o'clock a. m. June 25th, 1887, for graaing for tollowing street and aliey n'gor Ordinances Nos. 1356 and 1371, viz: 23nd street from St, Mary's avenue to Howard street. ‘That part of the alley in block 9, Kountze & Ruth’s addition, from Loavenworth street to a point 25) feet south of said street. In accordance with plans and specifications on file in the ofiice of the board of public works. Bids will be made on printed blanks furnishea by the board, and to be accompanied with & @cr- l(flfll eneck in the sum of . payable to the city of Omaha, as an evidence of good faith. 'he board ruserves the right to reject wny or all bids and to walve defeots. 81, A, D. BALcounE, Chairman Board of Public Works, Omaba, Neb.,June éth, 1857. 181416 Notice. MA’I'\'IB of application of Sohlank &Prince for liguor license. Notice I8 he, h’!lv.n that Schlank & Prince did upon the 8ist day of Ma D, 1887, file their spplication to the mayor and cit notl of O for license 1) Spitiious: wad vinohe wuors, gt No, ** 8 ird ward, Nob., £ro %% Ctiate bo na objoetion. rom 1‘31“1 within two Wflfl from A, D, , the sald liconse will be granted. BCHLANK & PRINCE, Applicants. J. B. BouTmaRD, City Clerk. 31-8 Dissolution Notige, ’l‘ll rflufllhl fore doing bu miners is this day dJdissolvs . B will eontinue the business at 314 N. 1 and pay all debts snd oolloe.l' -I* outstanding bills. . N. WaAnD, June oth, 1887, ¥O. B, HanpszEn. . : Jodat o to which flesh is hefr. 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