Omaha Daily Bee Newspaper, June 15, 1887, Page 2

WASHINGTON MATTERS. The American Telephone Company Still in a Mixed Condition. W asmNGToN . June 14.~[Special Telegram to the Bek. ¢ American Telephone com- pany does not know yet whether it is on its head or its feet. That Venezuelan conces- sion which pictured things in such roseate colors is stlll an unknown quantity, and from all indications Is likely to remain so. The company is whistling to keep its courage up, and still claims that it will be able to set tself right In the public eye now that they have unloaded ‘Lyrer. The treasurer said to- fday that no demands tohave n'om-r refunded an stock had been made, but hardly had the words passed his lips when a frightened de- artment clerk rushed into the office and hrowing down the stock desk exclaimed: ve me that $20 on this stock.” The treasurer was nonplussed fora moment, but seeing the business ook in the oung man’s eye he quietly planked down {he amount and the clerk went his way a sadder and a wiser man. on the treasurer's Cleveland Not a Speculat: WasmiNGTON June 14.—~[Special Telegram to the BEr. |—A report was widely circulated here to-night to the effect that the president had Invested largely in real estate in James- town, N. Y., and that he had lost heavily by the deal, It is learned at the white Louse to- might that the president never owned and was never interested ina foot of land in Chautauqua county, and in consequence he eould not have lost by real estate specula- tions. A Buffalo friend of the president says that the only real estate ever purchased by him aside from “Red Top” was a small lot in Buffalo, He once owned a farm in Erie county which lie received tor legal services. 4le never saw it and sold it on the first offer, This is theextent of his real estate dealings. Patents to Westerners, WASHINGTON, June 14.—[Special Tele- gram to the Brg.|—Western patents were granted to-day as follows: M. S, Briggs, Ox- ford, Neb,, feeder for stoves: N. 0. C £lm Creek, Neb., wagon-box lock : ad, assignor of one-lalf to 5. C. Dilley, I 5} 25, Neb,, car coupling; Michael Saber, remont, Neb., car couplin lian and 1. Kavanaugh, jr., Dubuque, eleva- tor; W. A, Sentuan, Britton, Dak., nose pro- tector. Reserve Agents Approved. WaAsHINGTON, June 14.—{Special Telegram t the Brr.]—The comptrolier of the cur- rency has approved the selection of the Merchants' National bank of Omaha as a reserve agent for the Norfolk National of WNorfolk, Neb., and the First of Omaha for the First of Council Bluffs. ‘The comptroller of the currency to-day ap- Elllled Robert McGregor, of Minneapolis, to i Emanuel Sehol- examiner of national banks of the state of nnesots and the northern parts ot Wiscon- #in and Michigan. Nebraska and lowa Pensions. WASHINGTON, June 14.—[Special Tele- gram to the Bek.|—The following Nebras- kans were granted pensions to-day: Nelson Lemonds, Stanton; Willlam R. Pallett, Wy- more; M. D, Carpenter, Oakdale; John Phil- 1ips, Sidney; J. E. Reed, Denton; J. F. Zelg- ler, restoration, Alma, lowa pensions: Matilda, mother of T. H. King, Millersburg; Mira, widow of J. 8. De- lano, Clinton; Ward Woolen, Cool; L. Q. Hozatt, Ames: Wm. Vanbenthusen, Bloom- field; E. F. Gant, Rising Sun; Alonzo C. Preston, Woodward; C. I1.Dreger, Jefferson ; H«nrz Silver, Strawberry Point; B. F. Wright, Wapello; J. I. Freeman, Increase: Frank Chapman, Anamosa; C.J. Feorguson, Oxtord; M. A, Camberlain, Win- throp; Aaron Hilllard, Vernon: Jos. Con- , Ottumwa; J. K. Booth, Columbia; P. B, Messinger, Utica; Wm. Baumman, Creston; F. H. Evans, Osceola; Asa E. mosa; Jas. Kirk, Prescot! Cornlng; John Welch, Dan Sloan. Lowisburg. Jas. | James Suaw, Postal Changes. WASHINGTON, June 14.—| Special Telegram tothe Bek.]—The star route service from ‘West Point to Fromont will be changed July 1 by omuting service from West Point to Glenco. twenty-tiveand one-fourth miles. James L, Galloway was to-day appointed tmaster at Adams, Gage county, Neb., ‘v"l):e Hannah Nixon, umuvgd. P Among the Military, ‘WASHINGTON, June 14,—|Speial Telegram fothe Bxk.)—Assistant Surgeons William E. Hopkins, Charles C. Barrows, Benjamin Mundy, George F. Wilson, William 0. Owen, 3, Peter R. Egan, jr., Willlam J. Wakeman ‘aid Edward Evarts, U. . A., lisve boen pro- moted to the grade of captain for having five L e’ sorvice to their credit, Next year six- cen will be promoted. - Designs For Cruisers. . WASHINGTON, June 14.—The board of ex- awiners have completed designs for the crulsers and gunboats submitted by the naval experts in response to a circular from the { department offering a prize of $15,000 he best design for each type of vessel. ‘The report gvlmz the name of the success- 1flnl competitors will be given out Inafew ays. McMichael Rewarded, WASINGTON, June 14.—The committes on printing of the senate to-day appointed W. H, MoMichnel, of Grand Island, Neb., lerk to the committee to suceeed th ajor Ben: Perley Poore, McMichael is & racticing lawyer and was until recently ed- rlor of lh‘c un{m Island Times, & Lincoln's Call on Armour. OR10AGO, June 14.—|Bpecial Telegram to the Bxs.]—Last Fridsy P. D. Armour re- call at his office from a gentieman sopresenting himselt to be M. C. Cosgrove, of the firm of M. 0. Cosgrove & Co., real estate ond loan brokers at Lincoln, Neb, His rlrmlmm to induce Mr. Armoutto ulld & kinghouse in Lincoln, Mr, Arwour told the raporfl' that be had lurnfi tne gentle man over to Mr. Martin, as he d! not seem to kuow exactly what inducements it was best for hin to hold out. Mr. Martin Wwho Is eno of the head men at the oftice of Armour & Co., mfonofl to tha same enm‘ adding however, there was little doubt tha Cosgrove was authorized to ascertaln how much land and how much money it would e.to induce Mr. our to_extend h Lincoln. *'I told him,' , “It would be necessary for him to muke a specific statement in writing m?rdlnc apy project of the kind he wished 10 have con and ho walked away, I presume to return to Lincoln for further orders. Cosgrove was registered at the rand Pacitie and left there Sunday to take o west bound train.” ——— Urime at Columbus, CoLumpus, N June 1L—|Speclal Tele- gram to the BEEk.]—Some tramps broke into Dz, Martyn's residence last night, and while rifling the pockets of the doctor’s coat, ‘which was banging in the hall, they were slarmed and bastily cscaped, getting but few Ll |cl|§ 'at Fahey got full of hus Juice last night, and while being taken to tha cooler by Of- Byrens, he oly reslsted the officer ing bl toaring his clothes, threaten in wfm Byrues and acting so l%‘ :llylul l;.lu o%!lcarum:;de ‘:1" hl:":y. l:‘- ) anu h h ye D et i . Fal y to drunkenness 'lemu conduck, bl retaliates by get- nst Byrens for vio the arrest. —— Franklin Academy Commencement. FRANKLIN, Neb., June 14.—[Special to the Beg.|—Fraoklin academy will celebrate the it commencement In its history June 16 an For contests In essays 1:14 olntgry in prizes are offered, = Prinelpal 1] - uptfl ureate. M.ar?’r-ymyr. aini ay e e an ar n Tokiiros. —_— Drowned in the Blue, SEwARD, Neb., June 14.—|Special to the fier.|—An nnknown boy of sbont twelve ears of drown the West Blue "fllfin-'finfu‘c l:lth & pla, e Jurdge Rogers' Memorial, Dzs Mouxgs, Ia, Juge 14.—(Speelal Tele- grem o the Bew.|—The supreme court thls moraing devoted a0 bour to & memorial ser- wice tor the late Judge John N. Rogers, of Davenport, one of the most cminent jurists . of the state. Ex-Judge Fremch presented a series of lpnrorrhle resolutions adopted by the Scott coun“y bar, and remarks were then made by Hon M, V. Gannon, of Davenport, Judge Nourse, Mr. George F. Henty, and ex- Justice Day, ‘of Des Moines, and’ Justios Beck and Chief Justice Adams, of the su- preme court, all paying high tribute to the professional abillty and private worth of the deceased judge. Tried the Paris Greon Rout. KEoKUK, 1a., June 14,.—[Special Telegram to the Brr.]— (ieorge Herrick, of Montrose, Ia., aged seventeen, attempted suicide by taking paris green on account of unrequited love. He will recove! phicubbe’ SR, REDUCED RATES. One Fare For the Round Trip to the St. Louls Encampment. CnicAGo, June 14.—~An important meet- ing of the passenger department of the Cen tral Traflic assoclation was held here to-day. A rate of one of the lowest unlimited fares for round trlp was made for the National Educational society to meet in Chicago in July. For Fourth of July excursions, rates of one fare for round trip " will be made for Iarve political conventions, ete. Excursion l’l\{l’i on round trip tickets will be authorized by the vice chairman when assented to by three-fourths of the lines terminating at the point where the meeting is to be held. One fare round trip tickets for the grand encamo~ ment of the G. A at St. Lou's were or- dered placed on September 20, the sale 10 close September 25, cood to retirn up to and including October 2. Central lown Reorganization. New York, June 14.—There is little prozress reported by the Central lowa reor- ganization committee, although there Is a steady run of deposits on the main line divisional mortgage bonds. President Stickney, who is now in Minneapolis, IS ex- pected in New York next week, when some compromise will be arranged with the Smith party. -~ Rome Must Come to McGlynn. NEW YORK, June 14.—|Special Telegram to the Ber.|—The Times says: Dr. Me- Glynn does not intend to goto Rome, as he already has been booked to deliver lectures in various places up to July 4. His friends have also apparently ziven up the Idea of his going, for last evening a committee on get- ting up a petition to the pope for a stay of proceedings in the matter of threatened ex- communication, held a meeting and Issued a notice that it had been decided to abandon the proposition to send a petition to Rome in reference to the case of Dr. McGlynn.as that gentleman and his friends had strongly dis- approved of the proposal. No further steps are to be taken in the matter by any author- ized organization or committee. vt ot A Flying Switch. KANSAs CITY, June 14.—Rumors are rife here of the disappearance ot Walter 8. Con- don, grand secretary and treasurer of the Switchmen’s mutual aid association. There seems to bo no doubt tnat he is a defaulter, but no reliable statement of the extent can be secured. His wife, who lives in this city,has not heard trom him for three weeks and ad- mits that be has lost a considerable amount in gambling. Strenuous efforts have been made to suppress ti at! Black Hills Mining Booming. DeApwoop, Dak., June 14— [Speclal Telegram to ¥he Brr.]—The new sixty-ton smelter of 1ron Hill blowed in at noon yes- terday. It was a success, At 8 o’clock last night fifty bars of bullion were rua out, run- ning eight bars an hour. The weizht was ninety pounds. The Deadwood Smelting company was organized this afternoon and will order mnchlner{ at once. The Galena fifty-ton smelter will blow in next week. ‘I'here is a boom in mining. - More Penns; victions, Prrrspurae, June 14.—This afternoon writs were served by the sheriff on tweuty- five of the strikersat the Pennsylvania salt works at Natronapa ordering them to vacate the eompany’s houses on or before the first Monday i n July. If the houses are not va- cant at that time, the occupants will be fore- ibly evicted. —— Striking Dock Hands. OLEVELAND, O., June 14.—The strike on the ore docks ot the New York, Pennsylvania & Ohlo ratlway culminated in a riot this afternoon, Several loyalists were taking the places of the strikers, when three of them were assaulted and injured. One of the assailants has been arrested. ————— Steamship Arrivals, SouTiAMPTON, June 14.—|Special Tele- gram to the BEe.l—Asrivod—The Rhine- land, from New York for Antwerp, PHILADELPHIA, June 14.—Arnved—The 1. Indlana, from Live HAMRBURG, .n..m'i’? rrived—The Ham- monia, from New Yo QUEENSTOWN, June 14.—~Arrived=The lowa, from Boston Crimes Bill Progress. Loxpox, June 14.—The debate on the coer- con bill was continued in commons this evening. Oummins, nationalist, moved to omit the words enabliag the lord lieutenant to proclaim any association interfering with the administration of the law or disturbing order. After a long debate between Har- eourt, Balfour, Morley ana others, in -which much bitterness was evinced, the amendment was rojected. et o rond Deadly Hail Stones, PHILLIPOPOLIS, June 15, — Hail stones strangely shaped, pointed ana welghing over » pound each recently fell in the districts of Aftos and Carhabdat, between Adrianople and Shumluy, on the south slope of the Balkan mountains, Eastern Roumella. ~The hall tones destroyed the harvests, killed man: faborers an cattle in the flelds aud pie the roofs of houses like bullets. —_— The Tory Mulhatton. LoxDoN, June 14.—The Times correspond- ent at Rome says the pope has no sympathy ‘with Parnell’s Irish campalgn, but that no offi- clal opinion to show how thechurch foels has been given because of energetic pressure brought to bear by & majority of the Irish bishops holds the nominally conservative teudencies of the vatican in eheck. —-——— A Russiaa Gain, BELGRADE, June 14.—Ristics, the (new premier of Servia, 188 man of strong pro- Russian sympathies. His elevation fs con- idered as a cl to Austria snd a gaio for ’Ius'h in the Balkina. ————— Moonlighters ac Work. Dunrix, June 14.—A farm servaut of Hur. ley was shot and killed last night by moon- lighters near Tralee, county Kerry. e Russia Objects. Berriy, June 14.—~The Russian govern- ment has made overtures for joint opposition to the Anglo-Turkish convention on the ground that it interferes with the common right of the powers to control Egypt and the ngz canal. ”glsmurck remains neutral, e Emperor Wil mproving. BERLLY, June 14.—1t1s officially anuounced that Emperor William is making remarkable progress toward recovery, IHe rose at noon to-day, passed the afternoon in his study, re- celving severnl reports from government Oflicllfs. — Lawn dresses, window shades and pil- low shams can be elegantly done up with Electric Lustre Starch. — e ———— MARRIED. At the Occldental he the Rev, Mr. House, Miss Sadie b(“mnflwn. of Fremons, N rnu r. Anthony Shinner, of Chi- cago, 111 Only a few Invited euests were present. ‘The bride and bridegroom left on the even- ing train for the south. Many handsome presents were given, A long and prosper- ous voyage down the stream of life is the ‘wish of their many friends. lI? ld\';n‘c'o of I.'):': unhuthy&onoiz)ra 3 ulate and stro n your system, Dr. J. i MeLoan's Strengthoning Cordial and lood Purifier will" make you healthy, strong and DID NOT COME TO A VOTE. The Oouncil Postpones Action on the Police Ordinance Veto. THE CITY ATTORNEY'S OPINION, Another Seavey Sensation—The Vie- torious Turners — Court News ~Police Pickings and General Local. The Council. The council was called to order at 8:30 o'clock last night with all of the mem- bers presect. Tho following business was transacted: PETITIONS AND COMMUNICATIONS. From the Mayor— Approving ordi- nances passed at last meeting, On file. Same--Approving the appropriation ordinance with the exception of the item of §150 for ex-Marshal Cumings as salary for the month of May. This was vetoed on the ground that Mr. Cummings had not performed the sorvices for which the payment was made. The matter was carried over the mayor’s veto, Counecil- men Alexander, Bedford, Burnham, Kaspar. Kitchen and Kiersted voting to sustain the veto. Same—Approving contracts for pav- ing Davenport street and ‘I'wenty-fifth avenue. On file. Same—Appointing James Allen side- walk inspector and Fred Hickstein as ad- ditional meat inspector, Confirmed. Same—Apvointing William Butler as- sistant janitor at city building. Con- firmed, Same—Vetoing the ordinance provid- ing the regulation of the police depart- ment for the reason that in his opinion the council exceeded its authority in pre- seribing the rules. The veto read: ‘It was cleariy the intention of the legisla- ture in creating the board to take from the mayor and council the powers here- tofore invested in 1t for the government of the fire and police departments and give it to the board of fire and police commissioners. As it is evident that the intention of the charter to create a police department which should be taken en- tirely out of the field of politics, it does not seem reasonable that the council should have power to create such ordi- nances and rules as would mould the ac- tion of the board of volice and fire com- muissioners.” The matter was laid over il the next meeting. The opinion ot the city attorney, at- tached to the veto, was as follows: Hon. Willlam J. Broatch, Mayor of the City of Omaha.—1n response to your written request for my opinion upon the lezality of an “ordinance relative to the appointment, removal, government and discipline of the officers and members of the police depart- ment of the citv of Omaha, and providing that there shall be two captains of police and four sargeants of police and fixing their sala- rles, nnsnmvmlng for increasing the num- ber of policemen in said cit¥ and fixing the compensation to be pald for the services of policemen,” 1 have the honor to submit the tollowing considerations: Section 4 of the ordinance prescribes cer- tain qualifications for the persons to be ap- rolnted as chief, captains or sargeants of po- ice and as policemen, Among these qualifi- cations are the following: He must have re- sided in Omaha two full years next preceed- ing his appointment. He must bean elec- tor. He must be under fifty years of age, etc. Section & prescribes that the applicant ehall be required to present to the board on appli- cation setting forth certain facts as to his qualifications, which application shall be signed by five reputable citizens, ete. Section 10 prescribes what shall be grounds for the removal of any of the persons trom : “intoxication,” “'disobedlence solent behavior,” “neglect of duty," ete. ‘These provisions are all in excess of the authorlty vested in the city council by the charter, and In support of this opinion I give the following reasons: First. Section 145 of the charter provides for the creation of a board of fire and police commissioners, in which ~board .alone is vested the power to appuint the chilef of po- llce and other officers of that department, and this board alone shall exercise. this wer. W’I‘hln board is made u{w of the mayor and of p'erzmu appointed by the governor of the state. It is an executive and at the same time- & deliberative body, a majority of whom shall constitute a quorum for the transaction of business, o ‘T'his board Is & co-ordinate and in some sense an independent branch of-the city gov- ernment, The charter says: It shall be the duty of the board to ap- point a chief ot police and such other officers and policemen to the exient that tunds may be frovlded by the mayor and council to pay thelr salaries, as may necessary for the prover protection and efficient police of the city, and as may be necessary to protect eitl- zens and property and mainfain peace and good order,” Krom the réading of this quotation it will be seen that the unly limitation placed upon the power of the board in making these ap- pointments—Iin 80 far as the mayor and coun- ¢l are conoerned—is confined to tho funds to be provided. It is quite apparent that it was intended that this board should perform its duties tree from any restrsining legislation by the city council. This board is not answerable to the city council in any way for its conduct. The governor inay remove any of said commis- sioners for official misconduct and the gov- ernot shall fill any vacancies in the mrfl. For the clty councll to pressribe. the qualiti- ceations and conditions of the men 1o be ap- hall be nll}flblo and o to IPDOI ment by with the duties, pow- he board, and hence such Pownr does not rest In the council an- less it Is specifically granted. Second. It may be contended that the fol- lowing sentence from section 145 ot the char- ter for metropolitan cities confers on the council the power to pass the ordinance 1n question, “All the powers and dutles connected with and incident to the appointment, removal, government and discipline of the officers ane mombers of the fire and police departments of the el:.y. umhu" nl.l:‘l“; rul oa::l n“nd m\;llliog: s may be presor ance, sl Vested in and excroised | by sald bount”u ‘This provision does not require the council any ordinance whatever, but by fm- lication does eay that the covncil may estab- igh rules and regulations by ordinance, but rules and regulations concerning what? **All powers and duties' referred to ‘“‘shall be vested in the board.” How are the g:owen and duties referred to. to be exercised \Vh‘euuder the rules and regulutions that may be_established by ordi- pauce. It is thus made clear that the rules and regulations as may be prescribed by ordi- nance relate to the manner of the procedure of the board, and not as a limitation upon the vower or duties of the ‘The ordinance under consideration does not all relate to the manner in which the board shall perform its duties or exercise its powers, but relates also to qualifications of personsto be appointed b{ the board. 1f it be once adwitted that the city council shall preseribe one 1unlfientl»n for an a intee, it must be adinitted that the council as I\m'" to prescribe any number of other qualifications. 1f it cen say no man shall be appointed chief of police unless he has resided in Omabs two years, it can llkew: S8y DO man shall be appointed unless he has resided in_ Omaha twenty years. If the eouncil can say the applicant must awuent a petitlon signed” by five \zens, it can also say to the board, you cannot appoint & man unless he presents an |rpll¢nuon slgned by all the members of :h- ity councll, or unless he comnes recommen aresolution of the eity council. 1t will thus be seen thas if the counell is possessed of the power to fix and determine any one au.mluunn of an appointee or any one con- Do wproimtad by she Board, that it can tak appoin! 0 nw-y»:n the ywu of the board, and thus make the .hmun Instrument to fubill the dictation of the council. It will not do o put so a construction upon arter last :w board is interferin, ers and functions of the pro- B of board. A‘Maoul‘:\'mlolm iven to muuam-u l'm when we cousider otiee proy fons of the same sagtion, [t is provided that “‘the chief of policé and all other police ofti- cers and policemen- shall be subject to re- moval by the boandief tira and police, under rules and ilations as may re- ecribed by ordipafwe, whenever said board shall consider aad, declare such removeal necessary for the’ proper management or discipline, or for.iGp more effective working or service of tne fofice department. It will here be n&;:u that the removal may take place under tules and regulations—yet the board s the 'sole judge as to what shall be cause of rethoval and as to when a removal shall takt place. The rules and reg- ulations 80 to be estadiished by ordinance re- Iate only to the mauner of proceedure there- fore—as to say—tfie gecused shall havea trial or notice of a hearlnk or that written charces shall be prepared, biit the canse of removal and justitication for removal must be de- terinined by the board aud not by the city couneil. Section 10 of this ordinance Is therefore deallng with duties which belong to the board and not to the council. Again, the saime word “removal” is found in both provisions quoted from, and hence if in the last provision the rules and regula- tions to be llnren«-rlbml by ordinance relating. to “‘removal’ of officers relate only the many ner of proceedure; they can have 1o broadeg meaning in the first “clause. To give th. words in the first clause the broader mean ing would be to make an irreconcilable conflict In the two provisions of the same section. Fourth, The same section again provides: ‘1t shall be the duty of sald board of tire and polico to adopt such rules and reguia- tions tor the guidance of the ofticers and men of said departments, and for the appoint- ment, promotion, removal, trial or dicipline of said officers and men as said board shall consider proper and necessary, and when said rules and regulations shall be approved by the mayor and council, they shall have the same torce and effect as ordinances and can only be changed by and with the consent of the mayor and council.” Here Is'a provision vesting specifically in the board the duty to adopt rules and regula- tions for the guidance of the ofticers and men for their appointment, removal, ete. Hero is vested in the board the very power that the city council has assumed to exereise bfr this ordinance. Both bodies cannot be clothed with precisely the same powers or else they will surely come in conflict. In construing a law the subreme court of Nebraska lias said that the seeming conflict- ing portions must be so construed as to har- monize them, if possible, and 1f they cannot be harmonized that the last provision shall revail and the first must fall. McCann vs. cL.ennan, 2 Neb., 285, The People ex rel. v8, Gosper et al., 8 Neb., 310 1 have sought mrut & construction upon these seeming conflicting provisions so that both will stand, But if the provisions first quoted, fih‘lm: the council power to make rules and regulations, relates to anythin, more than the manner in which the boar shall exercise its powers and_dutios, then it is in contlict with the later provisions of the same section aud ean have no force or effect at all and must fall, which would strip the council of power to make rules and regula- tions by ordinance. State ex rel vs Mac- Swu_?lg‘ 3 Neb. 213; White vs Blum, 4 Neb. Fifth. Rules and regulations are not ordl- nances but may be created by an ordinance. The definition of *rules and regulations” give them an_effect that bears out the con- struction Lam contending for. A *‘rule” is that which 1S prescribed or lala down as a guide to conduet. A ‘‘regulation’” 1s *a rule or order pre- scribed for management or government.” Fixing the quali llons of an officer as to age, residence, off'. 18 not, therefore, a rule or regulation. *When the council fixes the gronnds upon whivh an officer is to be re- moved from his ofifed! the same is not & rule or regulation, within the foregolng definition of the terms. therefore, the legis- Iature had in mind t’give the cou .. full power and control 6¥@r the board as to whom t should appoint t6 office and to fix the qual- itications of persong ity bo appointed, there was 1o occagion to lise the words, “rules and regulations,” but the lbgislature would have used instead thereof, ghe word “ordinance’’ only. Sixth, Any electot s eligible to be elected or appointed to an office unless disquallfied léyconslllulsonll or statutory law. Cooley’s ‘onstitutional Limitaions, 745, note 1. The city council, therefore, could not cre- ate a qualification destroying the elegibility of an elector to be apvointed or to hold an office for which he gy be otherwise fitted unless such power is gntenofl by the char- ter upon the city council. We do not believe the charter confers such power upon the city council, yet the ordi- nance In question goes to the extent of pre- seriblng additional qualifications to the ele- glbility of an elector to hold any of the offices in the police department. Seventh. A municipal corporation can exercise no power which Is not in express terms or by falr impiication conferred upon it. Thomas vs. The City of Richmond, 12 Wall, 353, For the reasons which we have before given we do not behieve the power has been conterred upon the cll'y council either in ex- press terms or by fair implieation, to pass an ordinance contalning the provisions found in sections 4, 5 and 10 of this ordinance. It is my opinion, therefore, that the fore- Iln:]nlme sections of this ordinance are egal, Respectfully subm! tted. JNO, L. WEBSTER, City Attorney, The officlal bond of the members of the board of fire and police commission were referred to the committee on ju- diciary. ¥rom the Board of Fire and Police Commission—Presenting estimate of ex- penses of the police department for en- lumgdyel_r, amounting to $77,440. Re- ferred without resding to the committee on police. A From the Board of Pubtic Works—Re- porm;f estimates in favor of Barber Aflyh t Co, for work done, amounting to 18,649; of Regan Bros., amounting to 16,500; of Flnnim‘& Slavin, amountin, 10 $511.50; of C, U, Woodworth, amount- g to $1,376;als0 several small estimates, Approved. Of Alva J, Grover—Asking leave of absence for thirty days. Granted The ofticial bonds” of Jas, Allen, F. Hickstein and H. L. Ramaocioti were re- ceived °nd approved, Of John Jenkins—Asking for an assist- ant boiler inspeotor. City attorney to draw ordinance. Of H. Goldherg—Protesting against the proposed narrowing of Poppleton ave- nue. _Streets and alleys, Ot Property Owners—Asking for the ading of Twenty-cighth avenue from ‘arnam 1o Dodge. Girades and grading. Of Property Owners—Asking for the grading of Twelfth street from Baneroft to Blaine. Grades and grading. Of Property Owners—Asking for a chnnm of grade on California street from Nineteenth street to Twenty-second street, Grades and urndmfi. Of Citizens of Wefnyt Hill—Protesting against the keeping of Mortensen's dairy in Walnat Hill addjfion. Police. Of P. Duval—Asking for damages re- veived by team falling through a hole on Grace street. Claims. Of M, L. Higgins _et. al.—Asking for opening of lmfl-nr ftreet. Grades and grading. n Of C. E. Mayne ek ml.—Asking for the removal of squattqss,from Irene street. Police. - Of Jam "Connor_et al—Asking for ukmglorixn}ingo{hunued street from Cuming to Cass. Grades and grading. Of C. E. Bquires et al—~Asking for grad- of Twenty-nintWdvonue from How- to Leavenworth!' | Grades and grad- Pt ing. 9 1 Of Wern 8ros. et als-Asking for paving of Jackson street. City engineer. Of George Soutter—Asking for grading of Richmond street. Streets an :llo&‘l- Of J. A, Brown ev al—Asking for the opening of T wenty-first street to Lake street. Streets and alleys, Of Willam Segelke—Asking for the grading of Pierce strect from Tenth street to Twelfth street. Grades nuukgrldlnw: Of Elizabeth Gallighar—Asking for damages to property by opening of worth avenue, Grades and grading. UTIONS, By Leo—Prohibiting all parties from putting down wouden sidewalks on paved streets. Adopted. By Lee—Authorizing the purchase of twelve seats for Jetferson square and the construction of an additional room to the Hanscom park house. Adopted. By Cheno —Eumyunf the between Eighth and Twellth and ool territor (‘,umlnlz and Ohio streets from the pound ordin- ance, Adopted, By Cheney—Instructing the city en- fi‘ne" to prepare an ordinance opening aul street from Sixteenth street to Enfinmvulh street. Adopted. y Hascall—Instructing city engineer to prepare ordinance opening Thirtieth street from Dodge to Farnam. Adopted, By Hascall—Requiring the board of public works to have the curbing con- tractors on streets to be paved to com- plete their work as soon as possible. Adopted. By Lowry-~Allowing the street com- missioner three teams and men to work them, Adopted. By Ford—Exprossing it as the sense of the council that Seventecnth strect should be paved at once from Farnam street to Cumlngx street, Adopted. By Bailey—Instructing the city attor- ney to prepare an _opinion on the ques- tion of the right of boards of appraiscrs to assess benelits to property aflected by appropriations of property for public uses, Adopted, By Hascall-Requiring the council to sit as a board of equalization and assess- ment on June 23 and 24, Adopted. REPORTS OF COMMITTE The committee on streets and alleys re- vorted adversely on the proposed nar- rowing of Seventeenth street frem Far- nam street to Davenport street. ‘The re- port was adopted. The committee on police revorted ad- versely to tho Ernmtlnk of the request of Mayor Broatch to be allowed to appoint twenty extra policemen, as there are no funds in the treasury for the payment of such additional force. Adopted. . The committee on gas and electric lights reported the ordinance of the braska and Kansas Gas and H ing company with amendments. The amendments reduced the amount of guarantee deposit for the protection of strects torn up in the construction of the work from #20,000 to $10,000; also reduc- ing the amount of gas mains required to be constructed in three years from forty miles to thirty miles. The report was adopted. ORDINANCE: Special ordinance making appropria- tions incurred during the way amounting to $14,504.19. Laid over. Authorizing the issuance of paving bonds for the pa t of the cost of paving in several distri Finance. Declaring the necessity of opening certain strects through Sweezy's addi- tion. Grades and grading. Ordering the paving of Grace street from Sixteenth street to T'wenty-fourth street with cedar blocks. Paving, curb- infi and guttering. rescribing the duties of the board of Bnhllc works, Public property and uildings. Declaring the necessity of grading Locust street from the belt line tracks to Twenty-fourth street. Grades and grad- ng. E‘eo]uring the necessity of grading Twenticth strect from Dorcas street to Cottage Park addition. Grades and grading, Providing for the appointment of a clerk for the board of fire and police commissioners. Police. Ordering the curbing of Cass from Six- teenth street to Twenty-fourth street. Paving, curbing and guttering. Declaring the necessity of grading of Cass street from Sixtcenth street to Twenty-fifth street. Grades and grading. Establishing the grade of l’qulolun avenue from Twentieth streetto Twenty- second. Grades and nul'mgb. Changing the grade of Seventcenth avenue from Jackson to Leavenworth, Grades and grading. Repealing the ordinance narrowing Seventeenth street from Farnam street to Davenport street. Passed. Prescribing rules for the regulation of the fire department. Passed. Granting the Nebraska and Kansas Gas und Heating company authority to construct Gas mains in and along’ the streets of the oity. Passed. Fixing the salary of the clerk of the po- lice court at $75 per month. Passed. Establishing the grade of Dorcas street from Eighth street to Tenth street. Passed. Estnbhuhlnfilthe grade of Grace street from Sixteenth street to Belt railway. agsed. Establishing the grade of Farnam street kon.:.dchnlon street to Thirty-sixth street. Passed. Establishing the grade of Leavenworth street from Thirty-sixth street to East avenue: Passed. Granting to the Union Pacific the right to extend its tracks across Seventh street. Passed. G Regulating the licensing of plumbers and drain layers. Passed. Requesting the mayor to submit to the voters at a special election the question of granting authority to the Motor Rail- way cum]mnv the right to operate a street railway along the strects of the cltx. Laid over for one weck, t midnight the council adjourned. Boils, pimples, hives, rmgworms, tet- ter, and uil other manifestations of im- pure blood arecured by Hood's Sarsa- parilla, ——— A Pugilistic Fireman. A young man with a bad cut across his forchead applied at the police station this morning for the arrest of Assistant Chigf Salter of the fire department. He claims that he went to the engine house about midniZht to see a member of the depart- ment, when Salter refused to admit him and without provocation struck him with some weapon, cutting his head. A Small Leak will sink a groat ship; and what at first appears to be a trifling cough 1s apt to culminate in consumption if not properly attended to in time. For consumption, which is scrofula of the lungs, and for all blood und skin diseases, Dr, Pierce’s ‘“Golden Medical Discovery” has no oequal. By druggists. ————— Personal Paragraphs, C. H. Willard, of Auburn, Neb., is at the Paxton. Governor Thayer arrived in town yes- terday morning. F. C. Harrison and Chas, West, of Lincoln, are n the city. K. G. Wright and W. D. Stiles,of Sioux Falls, ., are in Omaha. Gus Caroy and Pat Desmond leave to du§ for New York. They will return July 8. G. L. Laws, secrotary of state, and At- terney General Leese,returned to Lincoln this morning. C. L. Shelton, of Sterling, Ill., was in the cily yesterday, the guest of 8. 8. Auch Moedy. Dr. Douglas A. Joy is lying serlouxlg 1l with inflammation of the bowels at 2333 St, Mary's avenue. Lawrence B. King Mass, and H. C. Cook, head clerk at Dewey & Stone's, leave ' for Springfield, Mass, The former has been ona visit here for sume duye. of Springfield, “Woman's work is never done,’’ but it 18 made easier by the use of Electric Lustre Starch. ————— Moves. Dr. Galbraith, the Urion Pacific sur- geon, is arranging commodious quatters in the Buck building, on the northwest corner of Fourteenth and Douglas streets, and will soon have them in readi- ness for occupancy. A complete Pocket Cyclopedia of Bos- ton (llustrated) is issued by the United States Hotel Company of that cn{‘ which is the mast perfectthing of the kind we have ever soen. Everyone should order it of them by inclosing ten cents in stanps. AMUSEMENTS, “NATAD QUEEN." Arthur McKnight's benefit last might was a most flattering success, The opera house was filled to overflowing with an audience of representative Omaha peo ple, who were demonstrative in the ex- Jression of their approbation of the of ott made to bring out the latent talent that has proved to be so general in Omaha. The magnificence of the cos: tuming and spectacular effects caused the usual ebullition of enthustasm, the drill was emphatieally applauded, the chorus singing of the children and the accuracy with which they disposed of the “'business’’ was a revelation to those who had cox xpecting to sit through atame show. Even those who shad attended every performance felt no diminu- fion” of interest, so happly con- ceived are the scenes and so thorough the discipline. The principals acquitted themseives as usual with eredit, particu- larly Miss Georgie Boulter, whose voice, while lacking warmth, is capabio dramatic expression, and combined with the archness and other personal attrac- tions of its possessor, would ensure her suceess in the field of light opera. Miss Boulter is a pupil of Mrs, J. T. Clark. Mrs. White sang sympathetioally, if out of tone, and wonld have pleased still more had she and the orchestra been en rappart, which they evidently were not, The Misses Merkel have excellent natural and sang together to the general i Mr. I'reynor’s voice, though nt, was as usual tight and and ' his action very me- al. Miss Maus showed considerable aptitudé and plensed Electric Lustre Starch is hailed with delight by every housckeeper and laun- dress. P SIMPLE BREACH OF TRUST. How a Wealthy FPhiladelphia Man Obtained His Money. Memphis Avalanche: One of the plest things e was still®as neat ast v AS the breach of trust of a Philadelphia mes- senger, He received a package of $100,- 000 and hid it safely away. Hethen went back to the bank which had employed him and told the officers that he was tired of being poor and that he had de- termined to use the money they had given him to carry to a certain other bank. At first it was thought he was drunk, then crazy, then joking. But he simply advised tho officers to have him arrested, as he intended to keep and use the money in question. ‘The principal he promised eventually to return. The officers tried to persuade him, but without avail. He was finally arrested, but his only crime was breach of trust. His declared intention of eventually re- turning the money made it almost im- possible to bring “the erime under the head of any indictable offonse. He was finally tried for breach of trust, and came off with two years in the penitentiary. This occurred about fiftcen years ago. ‘The perpetrator still lives in Philadel- phia, and is in comfortable circum- stances, and talks freely about his little escapade. He still says he intends to return the money to the bank. He had his lawyer draw up a will in which he bequeathed the $100,000 to the bank, being the sum borrowed on such a date,less $2,400,being the amount charged for two ycars of en- forced idleness, at 100 a month. ———— Novel Uses of Papeor. Chamber’s Journal: There are few things that cannot be now made out of paper. Its adaptability 1s astonishing, and the wildest speculations as to its fu- ture are excusable when we reflect upon the present uses of the material. As the delicate substance can be made to serve for stecl or iron,itis not difficult to under- stand how paper is for many purposes now tken the place of wood. Mention was before made of a new mill in Sweden for the manufacture of paper from moss. Paper of different thicknesses and paste- board made of the white moss have al- ready been shown, tho latter even in sheets three-quarters of an inch thick, It is as hard as wood, and can be easily painted and polished. It has all the good ualities,but none of tho defects of wood. The pasteboard ean consequently be used for door and window frames, archi- tectural ornaments, and all kinds of fur- niture. Paper made from strong fiber, such as linen, can in fact, be compressed into a substance so hard that it cannot almost be scratched. As houses have been made of this novel building material,so almost everything requisite to complete and fur- nish a residence has been manufactured of paper. After the Breslau fireproof chimney, it is quite nossible,for instance, that cooking or heating stoyes can be made of similar materials, These paper stoves are annealed—that is, painted over with a cowmposition which becomoes art of the paper, and is ficrproof. tis said to be impossible to burn them out, and they are much cheaper than iron stoves. Bath-tubs and pots are made in the same manner by com- pressing the paper made of linenfibres, and annealing. The tubs, we are ns- sured, will last forever, and never leak. Placed on the fire they will not burn up; and itis almost impossible to break or injure them. Our rooms cun be tloored with this wonderfully accommodating waterial, as proved by the Indianapolis skating rink, vefore referred to in this Journal.—It may here be mentioned that cracks in floors, around the lk\rtln‘l— board or other parts of & room, may be neatly and permanently filled by thoroughly soaking newspapers in paste made of one pound of flour, three quarts of water and a tablespoonful of alum; moronfihiy boiled and mixed. The mix- ture will be about asthick as putty, and may be forced into the cracks with a case knife, It will harden like paper- mache. Doors, which one would think were polished mahogany but that they swing s0 lifihtly. and are free from swelling, cracking or warping, are composed _eac! of two thick paper boards, stamped and moulded intu&unels, and glued together with glue and potash and then rolled through heavy rollers, These doors are first covered with a water-proot coating, then painted and varnished and hung 1 the ordinary way. Few persons can de- tect that they are not made of wood, par- ticularly when used as shding doors, Black walnut is smd to be gotting very scarce in this country; but the pic- ture frames are now made of paper, and colored like walnut, and are so perfeet that no one could deteet them without cutting them. Paper-pulp, glue, linsced oil, and carbonate of lime or whiting are mixed together and hoated into a thick cream, which, on b«-in’; ullowed to cool, i8 run into molds and hardened, Drawing rooms can be set off by hand- some planoes manufadtured from paper— 8 French invention. A beautiful musi eal instrument of this kiud has lately been an object of great curiosity to the connoisseurs and musical savants of Paris. The entire case is made of com- pressed paper, to which is given a hard surface _and a cream-white brilliant polish. The legs and sides are ornamented with arabesques and lloral designs. The exterior and as much of the interior as can he seen when the in- strument is open are covered with wreaths and medallions painted in mini- ature b; me of the leading artists of Pans. The tone ot this instrument is said to be of an excellent quality, thouzh not loud, The broken, alternating char- acter of piano music is rq‘;lncu by & rich, full, continuous roll of sound, re- sembling somewhat thatof an organ. Only two of these instruments have been made. One is still on exhibition; other has been sold to the Duke of 1. onsbire, Hood’s Sarsaparilla Combines, In A manner peculiar to itself, the best blood-purifylng and strengthening remes dles of the vegetable kingdom. You will find this wonderful remedy effective where other medicines have fatled. Try it now. It will purify your blood, regulate the digestion, and give new life and vigor to the entire body. “Tood's Sarsaparilla did me great good. 1 was tired out from overwork, and It toned meup.” Mrs. G, E. Siuyoxs, Cohoes, N, ¥, “1suffered three years from blood poison. 1 took Hood's Sarsaparilla and thiuk I an cured.” Mus. M. J. Davis, Brockport, N. ¥ Purifies the Blood Hood's Barsaparilla is characterized by three pecullaritios : 1st, the combination of remedial agents; 2d, the proportion; 84, the process of securing the active medicinal qualities, The result Is amedicine of unusual strength, effecting cures hitherto unknown, 8end for book contalning additional evidence, “Hood's Sarsaparilla tones up my system, purifics my blood, sharpens my appet seems to make me ove cgister of Deeds, Lowell, Mass. Hood's Sarsaparilla beats all others, and 18 worth its weight In g01d.” 1. BARRINGTON, 130 Baok Street, New York City, Hood's - Sarsaparilla Bold by all drugsists. 81; six for §5. Made ouly by O. I. HOOD & CO,, Lowell, Mass, CAPITAL PRIZE, $150,000. arrangements for i « i weonducted with C i paY, ail Prizes “Wo do hereby cortify that we suporvise the I the Monthly and Semi-An il Deawings of Louisinnu State Lottery ompany, and i person manage and_control he drawinea thomselves, and that the same are . fuiraess and in good Rith tow P and we authorize the ‘ompany to use 'this cartifioat with fao-sim- les of qur signatures awtachod, 1n - its advertise: COMMISSIONERS, ned Banks and Bankers will drawn in The Louisinna State Lottories which may bo presented at our coun- Wethe und ters, A. BALDW CARL K¢ H. OGLESBY, Pres. Loulsiana Nati RE LANAUX, Pres. 8tate Natic Pres. Now Orlenns Nat'Iila nk ) Pres. Union National Bank. “)'l’RE(‘EDEN'I‘E_D—A'I'R'I‘M"!'ION! Louisania State 1 OVER A MILLION DISTRIBUTED. Lottery Company. Incorporatod In 13, for 2 years by the legislatire or eduoationul and ChurItAbIO purposes -with & apiEal of $1.0100 to WhICh 8 resdrve fand of over £40,000 lins since been added. mudo n part of th Decembor 2nd, A. Ty unoverwhe lar vote its franchise wis ettt conativution adopted b Tho only lottery ever voted on and endorsed by the people of any stuto. monthly, re B 1t nevor sonles oF postpones. Its Grand Single Number Drawings take place and” $ho Semi-Anuual Drawings egularly every x months (June and Decem- A SPLENDID OPPORTUNITY TO WIN (}A s G, L PRIZE, $150,000. ickets are Ten_Dollars only. Halves, 85, Fifths, $2. Tenths, $i. LIST OF PRIZES. 20,000 80, APPROXIMATION PRIZES. 100 Approximation Prizcs of #300.... 10 (1 210 ork frxchingo in ordinary It ¢ nse) nddess: PreR (K OUr OXpOneORE. A. DAUPHIN, NEW ORLEANS, LA, Or M, A, DAUPHIN, WASHINGTON, D, C, Address Registered letters to NEW ORLEANS NATIONAL BANK New ORLrANS auntee’ of A chanoos are oll equnl, wnd il al 1 Iving what numbers will draw s Pri M that th 0y PO NATION AL BANK: and the Tickots are signed by the 0 charterad rights wre rec “Swoet Bixteen.” who rompe tn iF o meadorwn riien o Lo over( Magnolia Balm A od 1 1y, D) 3 Henf Tako it wWith L EVERY LADY who dosires & parfect FORM AND FIT OHSET shotld wear one. Wil set tls bolng worn. WORCESTER CORSET 00.. 218 nnd 220 8., Chicage. N 30 DAYS; TRIA iy -A5]i0 TS Bl A i i e K e