Omaha Daily Bee Newspaper, March 28, 1888, Page 5

PUTTING THEM ON RECORD, $low Attorney General Losso Will Tap Watered Stock. fHE BIG DIVIDENDS IN DANGER. A Direct Blow at Extortionate Rates— The Law on the Taxation of School Lands—New No- taries Public, fPROM THR BER'S LINCOLN DURRAU.| n stating the fact that Attorney General f.ecs0 was about to commence quo warranto procoedings to compel forelgn corporations operating railroads in this state to incorporate, Eu important feature to the public was not ited. Under the present operation of the roads which are not incorporated under the state law sections 1 and 5, article 11, of the state constitution, are constantly violated. These sections are of vital importance to the state. BSection 1 provides that every railroad corporation organized or doing business in this stato shall have and maintain a public office in the state for the transaction of its business where transfers of stock shall be made and in which shall be kept for public inspection, books in which shall be recorded the amount of capital stock subscribed, and by whom, the names of the owners of the stook and the amounts owned by them rc?ocuvely, the amount of stock paid in by whom, the transfers of all stock, ete, Section 5 says no railroad corporation shall issue any stock or bonds, except for money, labor or property actually received and a) lied to the purposes for which said corpora- n was created, and all stock, dividends mnd other fictitious inorease of the capital stock or indebtedness of any such corpora- tion shall be void. The camtal stock of rail- yoaa corporations shall not be increased for Any purpose, except after public notice for llxty days. ‘The facts are notorious that both these sec- tions are openly and_constantly violated, and the attorney general, in mmpnllm%«l‘on‘ yailroad corporations to incorporal £ the state laws, will place the stato in a posi- tion to compel the enforcement of these, It is & common practice among roads to build a Pbranch _line, at a cost of §11,000 a mile, bond it for $20,000 a mile, and then extort' from the public interest and dividends on both the stock and bonds addition 1o operating oxpenses. With these watered stock transactions made of public record in the state as required by the constitution, the public and the board of transportation can arrive from the record at the honest amount invested upon which interest should be earned, and regulate rates accordingly. The general attorney of the Union Pacific, in con- versation with the attorney general, states at his road will at once incorporate under he state law, in which event it will escape the quo warranto proceedings. SCHOOL LAND TAXATION. There has been a good deal of discussion over the state of late relative to the taxation of the mvestments that people have in school lands. The law states that lands of this character are not taxable as a whole until the deed issues, but the provision is made that the investment made is subject to taxes either on a sale or a lease. It is evident from the discussion afloat that in a number of counties at least these investments are not returned for taxes. In commenting on the matter a number of criticisms have been lodged against the ‘board of lands and buildings, the state board El'cmuulinuun and the land commussioner. mmissioner Scott said yesterday, in dis- cussing the criticisms: I am not & member of tho state board of equalization, but Iam free to say, however, that in my opinion it is clearly the duty of precinct assessors to mssess investments in realty, in school lands, and the county boards of the several counties should see that they do it.” “'It may not be out of place,” crml:mu(‘d the commissioner, “for me to state in this connec- tion that all payments on educational land are made to the county treasurer of the spective counties in which the lands are Jocated, and a complete record kept there of the same. Hence the school land record in the offico of the county treasuver of each county reudily shows in an intelligent man ner the exact amount paid on each tract. This makes it an easy matter for the county and precinct officers to ascertain the taxable terest of purchasers in each tract and to whom lt. should be assessed. By rnlcrrmg sections 8, 5, 12 and 132 of chapter 77, compiled statutes of 857, it will be seen that interest in real es- te, beld by either lease or sale certificates, is liable to taxation, and if the taxes are not paid the interest of the holder of the contract can be sold at tax sale and transferred to tax purchaser,” The provisions of the sections referred to by Mr. Scott are as follows: Section 3 pro- vides that school lands under sule contract shall not be taxable until a right to deed shall have become absolute, except the value of the interest of the purchaser, which interest hall be determined by the amount paid and nvested in the lands. Section 5 provides the manner of assessing leasehold estates, in- cluding the lessees of school and other lands of the state. Section 12 provides that inter- ests in exempted lands shall be listed and as- sessed as personalty in the place where the land is situated. Section 132 provides that the interest of perties holding lands undor contract can be sold for delinquent taxes. NOTARIES PUBLIC. The following new notaries public have becn commissioned by thegovernor: Thomas Ingraham, Centrat City; Clark J. Tesdel, Soarney; Bruce J, King, South Omaha; C. 0. Mead, Champion,Chase county ; George W. ‘Whittaker, l(ournuy Reuben J. Wallace, Sidney; Jobn Blair, Merna, Custer county; L. A, l{mm. Hastings; Walter Breen, Omaha: James McMinn, Overton, Dawson county; Roger W. Be tt, Imper- ial, Chase county; James W. Beale, Wester- ville, Custer county; George W. Beymer, Norfolk; Matthew §, McGrew, Craig, Burt county; ‘William L. Rutlege, Perkins county; Alpheus G. Compton, Seward, ARTICLES OF INCORPORATION. Articles were filed yosterday with the sec- rotary of state incorporating the Co-operative Law and Lot company located at Omaha, capital stock $200,000. Indebtedness limited 10 b0 per cent of the capital stock: The in- corporators are: Charles J. Smith, Sylvester Sparks and Robert I, Williams, —— BENCH AND BAR. District Court, The time of Judge Doane was occupied $osterday in reading the proceedings of S22 equity docket, WANTS $5,000, The case of Dolan execrutrix vs, Ober- felder, in which plaintiff sues defendant for 5,000 damages for the killing of her husband sowe time ago by the falling of an elevator, is on trial in Judge Hopewell's court. WANTS §50,000, A case which is attracting cousiderable in- terest is being tried before Judge Wakely. One Williams sues Judge Hamer, of Kearney for $50,000 damages for alloged professional malpractice, A detailed account of the case was published in the Bee of October last, but the following may be of interost. Wil- liams bad prior to 1875 pre-empted a tract of lund near Kearney, and also secured @ piece under the ber olaim act. Two men who occupied an ajacent claim were very anx- jous to secure that owned by Williams and in order to lscuns it determined, as is al- leged, to obtain it by conquest, and made a sortie on Williams with a club and lhl/w\m ln the fracas that followed the altacking “f were each killed, Williams was con injail, and while awaiting trial se- cured Judge Haimer as counsel. He was tried and sentenced to a term of ten the penitentiary, and upon being ¥ claims 1o have discovered evidence that the onviction was brought about through the nfluence of his counsel who, as is alleged, refused to carry his case before the suprema court, when by doing 8o he (the defendant) Was reasonal sure of being acquitted. Hence the suit for dumls(m FERGUSON'S THIAL. James Adams yesterday do he was aloonkeeper at the corner of Fourteenth and Dodge streets, saw the prisoner on the evening of February 156 on two occasions, tat @ quarter 107, and theu at 10 p. m. e was not @ witness to the fight between olmes and Ferguson, as he was in auother yoom plu) ing & game of cards. Ferguson wap sober. ten winutes past 10 o'clock be ud-nholudmsm outand found that guson had goue to the bath house on numu'um ot clevoh o tlght, S light, “which ?‘“rfl lying on a_table vmh arffloand shell beside him, Officer White then cam and arrested Farguson. On being shown the rifle and s 8 recog- nized thom as those he found in the lad’s pos- session. On going back to his saloon a crowd bad collected around Olson, who expired on atable fifteen minutes aftor the shot was red. James Kennedy, a printor, stated that on the 15th of February he was in Mr. Adamns’ saloon all evening playing pool, and saw tho risoner come in and_offer to pl oy o game. Holmes, a waiter in the saloon, objected to his playing, and witness saw Holmes strike Ferguson several blows, Ferguson was then put out, but came in again at 10 p. m. Olson was standing two feet west of Holmes, Fer- guson raised a rife and fired, and then raisod it again. Witness could not at first sec the r:f;c' as prisoner carried it down by his side. James Neligh was next put into the chair, and on being shown the gun knew it as his property, and a8 being in Ferguson’s posses- sion before the 15th of February. The gun was a single barrel breech-loader of fifty-five calibre, The prosccutors, Messrs, Simeral and Gur- ley, proposed that the jury be allowed to visit the scene of the homicide, and if necessary, where the gun was found. The counsel for the defense made no objection. The jury visited the saloon, whichis a large one with horse-shoe shaped bar in cen- ter, dividing the whole into two rooms, one south and the other north, in which are bil- liara and pool tables, From Dodge street on the north side is an entrace through which the prisoner came, and evidently from the conrne the bullet had taken, the prisoner had na the corner of the first pool table. Olmn and Holmes were nund(mi together at the n(‘l.fic of the partition_which partially divides the saloon into two, Holmes two feet west of Olson. Olson received the shot, the ball passing through his chest and lodging in the south wall some four feet from the ground. The court resumed sitting at 2 p. m., open- ing with the exahination and cross examina- tion of defendant's witnesses. Mr. Thomas deposed that he saw the prisoner Ferguson on the 15th of February at 9:50 p. m. Fer- guson had a cue in his hand and was about to play when he was stopped by Holmes. This ‘riled” Ferguson and & struikle toolk place between him and Holmes, which, however, ceased on the intervention of witness, but not before prisoner had received several blows. Witnass picked up the cue and put it in the rack. Montgomery, one of the pro- prietors of the saloon, was present and ejected the {n‘imner through the Dodge street entrance. Witness believed prisoner to be either crazy or drunk. When he returned and fired the shot wituess and Adams ran after him, but the lad outran them and reached his room in the bath house. Mrs. Ferguson, the boy’s mother, testitied that he was born on the 18th of January, 1573, She lives in Atchison, Kan, Her son came to - Omaha about Christmas of last year. Prisoner was the em- ployment of a Mr. Blair for some time, and at times was sick. On being cross-ex- amined as to whether her son had received any injury while at Mr. Blair's, the counsel for the prosecution objected, deeming such a question immaterial and irrelevant. Defend- ants' counsel wanted to show that prisoner was accustomed to have fits bordering on epilepsy and that such a constitution, com- bined with intoxication and the blows he re- ceived, would make him irresponsible for s act. Mrs. Owen, sister of the prisoner, stated that she saw him in jail on the afternoon fol- lowing the shooting affray. His lips were bleeding and his face swollen. Atthis juacture the court adjourned for ten minutes, as the three remaining witnesses had not turned up. On arrival Mr. Donovan was called up first and testified to the fact that Holmes hit the prisoner on the face some four or five times, drawing blood. He be- lieved the prisoner to be under the influence of drink, and thought that the time between prisoner’s being put out of the saloon and the firing was between five and ten minutes. Tom Henry, a young man, saw the prisoner in a saloon at the corner of Fourteenth and Douglas street, where Ferguson asked for a drink but was refused it. He, however, was allowed a gingerale, Henry was of the opinion that’ the prisoner was drunk and twenty minutes after prisoner left this sa- loon had received news of the homicide. John Tanner, a reporter for the World, saw the prisoner is cell No. 1 the day after the event took place. He said the prisoner’s face showed signs of having received some tough treatment, there being a bad cuton the upper llill, together with some scratches on the ace. t Adjournment was then taken to 9 o'clock this morning. SPELMAN'S STORY. In his suit brought yesterday by William H. Spelman to recover $384.69 from Jane Hepdin Lessentjne alleges that she is in- debted to him in that sum for plumbing and materials furnished. FURNISIED TARDWARE, Messrs, Troiel and Hulsizer ask the court to give them a judgment in the sum of $120.60 against Thomas Cunmingham and others for hardware furnished for bullding purposes. MIKE MEANEY'S FRIENDS. The friends of Mike Meaney, who has been in jail since Monday for rot paying his fine, hustled around yesterday and made up the required sum, which was paid over to Dis- trict Court Clerk Moores by Sheriff Coburn. JUDGE MOPEWELL HAS A BULTIIDAY. Disregarding the fact that yesterday was his forty-third birthday, Judge Hopewell took up the case of Mrs, J. Doran, exccutrix, vs 1. Oberfelder et al,, in a suit to recover §5,000 alleged damages, growimg out of personal in- juries received by plaintif’s husband in an elevator shaft in defendant’s store building. A Reprieve For the Condemned. Wretched men and women long con- demned to suffer the tortures of dyspep- sia, are filled with new hopes after a few doses of Hostetter’s Stomach Bit- ters. This budding hope blossoms into the feuition of certainty, if the Bitters is persisted in. Iu brings a reprieve to all dyspeptics who seek its aid. Flatu- lence, i, sinking at the pit of the stomach between meals, the ner- vous tremors and insomnia of which chronic indigestion is the parent, disan- pear with their hateful progenitor. fost beneficent of stomachics! who can wonder that in so many instances it awakens grateful eloguence in those who, benefitted by it, speak volunta in its behalf. It requires a graphic pen to descrite the torments of dyspepsia, but in many testimonial received by the ietors of the Bitters, these are portr d with vivid truthfulness. Con- stipation, biliousness, museular debility, malarial fever, and rheumatism are re- lieved by it. e Transferred By the Dierks. The Johu Dierks Manufacturing company gave notice to the county clerk yesterday that in consideration of §1 they had trans- ferred their property and stock to the Omaha Implement works. Its superior excellence provon 1 millions o homes for more than a quarter of a century, It isused bo the United States Government. En- ies as Healthful. Dr. dorsed by the leads of the Great Universitle the strongest, Purest and Most Priae’s Cream Raking Powder does fiot contain ‘""'“’“""‘"E'u“' ;'lgl:i\ Pi:;wm .,Ew in cans. A WDRR 00, New York Chicago §+ Louts No conception can be had without a visit to our store, of the immense variety of our stock and the low prices we make. A few minutes inspect- ion will demonstrate the factthat our assortment is unrivalled and that there is a great difference between our prices and those of other houses. You cannot afford to buy a spring suit or anything else in our line with= out first looking through our stock. We will prove to you that it is to your interest to do so. Our large trade enables us to name the lowest prices. We sell more clothing than any two houses in the city together, and necessarily buy more, and buying more, of course, buy cheaper,and consequently sell cheaper, and thisis why you can buy the same quality of goods of us for less money than in ony other store in the city. Kirk’s ‘White Cloud Floating Soap. For the Easter Holidays we call attention to eur Boy’s Clothing. This department we have enlarged to three times its former size, and the assortment we show is simply immense. Wae offer some special bargains for the holidays. Among other we mention one lot of fine all worsted Knee Pant Suits at $3.90, which are worth fully $6. Another splendid Jersey Suit at $2.93, which could not be bought for elsewhere for less than $5. In Long Pant Suits, and suits for young men, we show hundreds of styles in fine qualities ab prices from one third or one half lower than other houses. The assortment in our Men's Furnishing department is on the same liberal scale, and Furnishing Goods are marked at the same small percentage of profit as our clothing. The new shape neckwear wo offer at 15¢, 25¢ s U el kb and 30c, you cannot buy for three times the amount elsewhere. “Is Tobacco a Luxury or a Necessity?" Shades of the immortal Trask, what a question! It is certainly amusing to witness the gravity with which this discussion proceeds. No such confusion is likely to arise with respect to Soap. health require, however, is not soap simply, but pure soap. Don’t buy the cheap kinds. Disease lurks in them; and while you are at it buy the very best. Keep your bodies and their coverings clean with Kirk's White Gloud Floating Soap And your souls will surely thrive. You willshave the satisfaction, too, of knowing that you use the finest article offered. WHITE CLOUD IS THE CHIEF In every sense; the whitest, the purest, the best for bath, toilet and laundry. This household necessity is made by Jas. 8. Kirk & Co., Chicago. If your dealer does not keep White Cloud send us 10c for postpaid sample. A SURE CURE OR NO PAY. o Our Magic. Remedy WILL POSITIVELY GURE Al ayphitic Diseasos, of recent of long stanaing.in to Afteen days, We will give writton guir: X A In Hats we have no competition, for where exclusive hatters show one shape or style, we show twenty at least, and prices are one-half. What the laws of Everything marked in plain figures, cash and one price. Nebraska Clothing Company Corner.14th and Douglas Streets. Omaha. mummnuou FORSALE THE uMAHA BEE Nebragka Nflmflflj B kl U. 8. DEPOSITORY, onm, Jfl Paid Up Capital, - Surplus, - . H. W. YATks, Proside: Lewis 8. ReED, Vice-President. A. E. TOUZALLN, 2nd Vlu“l’rfllflmk W. H. 8. Huonss, DIRECTORS Tnwias Beeo, A, E. TOUZLLIN, DELIVERED T0—— ANY PART OF LINCOLN BY CARRIER FOR- 20 Cents a Week. W.V Morse, H.W Yates. ¢ o Banking Office— Percherons, Clydend-leu and Shire, also home | i—l bred colts. Every animal guaranteod a breeder | E IRON BAN K Our stock b locfed with refercrncets | Seven papers & week. Send your order to the Gor. 12th and Farnar Sta, Dot adiviaual ‘merit and % °sr3'§: of | 9 oftice, A Goneral mnklnx Business Transscted. s BB e S| 1029 P Stoet, Gaial Hotel Bullding B ONDSW&%& D oaike Bt Felr: 1681 ALL out horses ‘ake so- e towms and Water Companes, oto. L " limated, and colts of” their get can be she Propristor Omaha Business College, P aaonablc And 0asy Ladpls o “c“e;;""]‘. urmn ndcuu soli mfl °~"l'{|£‘k°".s°° v % otdelaes L e Y IN WHICH 18 TAUGHT by tas theso )‘fi%n&‘l‘t"%‘?ghh" :::c; .1: & Book - Keeping, Penmanship, Vi, CONSUMPTIVE FRY & FAHRBAH, Y! Commercial Law, Shorthand, Telegraphing a3 cured the worst and Typewriting. il Gection, iwacd Paiuis £ Journal, HINDEROQRNS. S E. Cor 16th and Capitol Avenue flwu-fl]’n\n SEenrs ormfor 10 s Fost. Be wEAK aufiefln from the ef- xm. of youthiul er. ors, eariy decay, lost m nlmod ote. 1 will sen ..unmm.m-.nuuulm 5 cvnts £ Druggists. 21,829,850 Tansill's Punch Cigars ‘Woro shipped during the pust ty Kl Ill‘l &nm. o iy our o T Aveid frauce ..flwflfi‘-fir...r"e WABASH AVE. RuioAcd. Auo - 2. HURME. own remedy ave not boep cured, Luat )nn ra th aubjects wo are thint ven Lo the celebrate, jooking for, “and have 105t all ope 0’ Eunzu b 7 ot Ririous of “Avaasn recovery, we m:“u%*fimg FOUNTAIN $0LQ BY LEADING DRUOCISTS. FINE CB&AND- . e OWLER, Moodus, Conn. %1 R.W.TANSILL&C0..55 State St.Chicago. AND PLUG Will Cure You . YOUR MONETY! And will guarantee to give you mare for the amount you wish to invest in CLOTHING than any house west of New York City, as we make a busia ness of Handling Merchant Tailor’ Misfits and Uncalled for Clothing, embracing the most substantial fabrics, the most prevailing styles in Cut and Pattern from which we can sell you for 50c on the dollar of the original prices. As an example we will give you PANTALOONS For ' At ...8 5.50 8 2.456 which was made to order 7.00 }Ld{) ), il or make no ch Our remedy s unknown to sny one in the world outslde of our Company, and it is £ otly remeay 1o theworid that Wil Sur ¥ou: will cure_the most 0bstinate case. (n less than one month. Saven days in rocent cases does the work. tho old, chronic, deep-soated cases that we solict. ¢ liave cured hundrods who had boen abandoned by Physicians and prouounced incurable, au We Challenge the World tobring us & case that we will not cure tn less than one month, Blnce the history of medicine. s True Specific for Enmmuznlmpllom. Uicers, Bore mouth, &c. has en som"t for but mover Tound unill Our Magic Remedy aiscovered, and we are Temedy in the o o0 o8t medical works, pi ay th a0 1n n(vmnu-n il postiively cure. d by th 300 ever can et It olsewh Ou Tiever chn et It glsawhere: X" what ‘we hy] i theeod & morvlvn 'And_ jou that havo et it & short thimo abould by &1l means com ‘80d think thoys ro free froin l'h'i. muu-. e e, “two SF tareel years adter, i agilntna fort lu.lll our ll!l'lflll "‘Mll\ lhlflfl h the men cler asd note (hit -u'-n i " .05 whluhlwus made to order. .. > . “ 5.80 “ « 4 \ “ i 6.60 50 4 L 7.20 5 9 ¥ “ “ 8.10 1 16.00 i {13 ({3 8.90 . 17.50 “ “ SPRINC: SUITS For For | At #35,00 | $17:20 which was made to order. 10.80 4 25.60 L 80.40 L] 38,60 ol 36.70 L 10.00 11.50 dential. l‘llE L(K)K REMEDY CO., Onnln. Neb. Reoms 16 and 17 Hellman Blook. For .. $34.00 ... 40.00 v.. 67.00 oo 1450 At L] xm which was made to order. ).70, A heart; “, 20 “ “w i # delicate diin 1150 “ “ Easlly digested; of the finest flavor. beverage for a SLrong appokl for the sensitive. Thoroughly tested: nutritious; palatable; unexcelled in purity; no unpleasant 12.40 s (od after effects. Requires no bolling. 13.20 b “ SOLD BY 14.80 el # W.R.BENNETT&CO. 0 4 oM AETA, WEB. S P RI N G H. 0. WILBUR & SONS, PHILADELPHIA, PA, 7 40 Which was made to order 090 12,80 " “ H.m) o b 17.50 £ o 20.10 o 23,60 “ 26.70 L4 $16,70 which was made to order... 18.30 o .. 88.00 20.20 . 40.00 22.70 . 45.00 .1‘ 30 ... 48.00 . 55.00 OVERCOAT. T 8.20 Which was made to oulm' 10 70 11.65 “ “ 13.46 “ 15.85 # 18.70 “ 21.356 “ . 25.70 " . Gents’ Furnlshlng Good In an unequalled quantity, quality and variety, including hats in quality not surpassed, an all in all at prices which w1yll explain to you why the mass (glt peogle flock da?lly to 4 v: THE MISFIT PARLORS 9 Farnam Street. Omaha. 19 N. B.--Orders by mail receive prompt and careful attention, 3 ® 2332383838 sa.;p sey1ddng .mo& 199 SESEEEES ‘S18M0ID g3 WO} § st od e .fi‘:"",'-".n new ll who meativn this payess TPEERLESS DVES Au:iitien waluable ever opaviogs, , wi B