Omaha Daily Bee Newspaper, October 17, 1888, Page 5

e | ANSWER OF THE BURLINGTON In the Quo Warranto Proceodings Brought by the State. NEW NEBRASKA ENTERPRISES. Four Corporations File Articles With the Secretary of State Supreme Court Matters—Lincoln Notes and Personals. 1029 1P Sturer, LixcoLy, Oct. 16, For answer to the action in quo warranto brought against the Chicago, Burlington & Quincy railway company on the part of the state by the general, to compel the company to properly incorporate under the laws of the state, the respondent says sub. stantially as follows The amount in dispute exceeds the sum of £2,000, exclusive of interest and costs, and is @ suit of a civil nature at law, arising under Lixcorx Brreav or Tiue Owana Bee, } the constitution aud laws of the United Sates in this the h day of May, 1369, articles ration of the rowd wore filed in the oftice of the secretary of state and the road was incorporated under the hh*u[ riod of fifty y rs . that e nferred by the act the power w contract and be contracted with, and to acquire and convey at pleasure °h rowd and personal property as might operate and enjoy o railrond with double tracks, offices and depots between the places and the termini of tho road, and to construct rehes from the main line to other towns or places within the limits of the stute: to nequire by purchase or gift any lunds within the vicinity of the road, or through which the same might pass, so as med convenient or necessal by the company to sccure the right of and to hold and convey the same. That the road has these powers provided by special statnes “Every railroad company shall have po lul«'l ir r.llh'1 Tn any adjoining state oF territ pointon the boundary line of such other point a8 may be mutualiy a upon by such ompanics, thorizod 10 morge or consolidate their respective companies, m stock compuny of the railra nected, agreed upon in accor laws of the adjoinin ce with the state or territory with whose 1 or roads comnections are thus formed, provided that the consent of three fourths of the stockholders shall be ob. tained.” That the snit is based on section cl of the constitution of Nebraska, force whicli pre No rail- reanized under the laws tate or of the United States css in the state, shall be entivled pmiment domain or wht of way or real until it shall »u body corporate, pursuant and in accordance with the laws'of the state.” ‘That by reason of section S, artiele 11, of the constituton, the respondent can not inwfu excrcise the rights, privileges and franchis exercised during the past “Phat the powers conferred upon the Chi cago, Burlington & Qui ilway company in Nehraska by its charte protected from repeal or impairment by the state by section 10, articie 1, of the constitution of the United States, which provides that no state shall pass any law impairing the obligation of con- tracts, The respondent insists that section S, arti > constitution of Nebraska is con- tion 1, article 14of the amend. ents to the constitution of the United States and void. That in _an act of congress en titled “*Anact to amend an act entitled an act to aid in the construction of railroads and telegraph lines from the Missouri miver to tho Dacific ocoan, and to securo to the gov ernment, the use of the same for postal, mil- itary and_othor purposes.” The road was authorized to extend its lines in Jowa through the then terrtory of Nebraska from the poiut at which the saie should strike the Missouri river to a point of junction with the Union Pacific, not farther west than the 100th meridian, and in aid of the construction of the rond 8o authorized certain public lands were granted to the company, partially de soribed in the acte That the tict also granted certain rights and other public lands to other companies numed. That by the act the com- panies named therein were empowoered to en- ter upon, purchase, take and hold any lands or preuiises that' might be necessary or proper for the construction or workini of their road, not exceeding in width 100 fect on each side of the center line, and also to make, build, equip and operate the respond- ont’s road in conjunction or with the roads of other companies. That these and other privileges were given the road by special aots of congress dating April 10, 1569, and that accordingly the suit ought’to be re- moved to the circuit court of the United States. A bond was duly filed with the answer and petition of the respondent to cover all costs that may accrue if it shall be decided that was wrongfully removed thereto. rs in the case were filed at 5 o'clock last evening. NEW NEBEASKA ENTERPRISES, The secretary of state to-day_received and filed urticlos incorporating the Foreign Eumi- gration compan ishop & Wheelor Loan company, Comme: Directory company, with principal place of business designated at Omaha, and the La Platte Land company of Liucoln. Lanc county. ‘The Foreign Emigration company operates @ general real estate and brokerage business, and will also engage in foreign exchunge. Citizens of Douglas county, Cook and Rock Island counties, 1L, Dayton and Webster counties, la., and Wallaco county, Kaos comprisc the company, viz: John Linder- holm, David Landen, John C. Nordgren, John Peterson and John S. Holland. The ar stipulate that the subscribed capital $100,000 shall all be paid i within two years from the 10th day of October, the date the company commenced business. The life of the corporation under the articles is fixed at fifty years Tho Bishop & Wheeler any was organized and equi usiness October 15, with an suthorized cupital of $10,000, one-fourth of which was paid in hand. The company pro- poses to conduct and manage & general trust and guarantce business, and will continue fifty yoars under tenure of the articles. Omaha citizens as follows compose the com- pany : Joscph W. Bishop, James H. Wheoler aud S. C. Epperson. The Commercial Directory company will compile and furnish informition relaiing to purchasers of all kinds and classes of prop- erty und of all persons who obtain credits of any uature, for the purpose of furnishing for ® vocuniary cousideration, to retailers of merghandise or to sellers of property of all inds and to banks and all fluancial institu- ions. Capital stock to the amount of §3),000 has been subscribod by R. F.and M. C. Hodgin and C. A. Ferrin. Business com- menced on the 3d of July and continues for twenty years. The La Platte Land company was organ ized with a subscribed capital stock of §300,000 by John R. Clark, Francis C. Grable and Charles A. Hanua. Tne compauy will buy and sell lands and other property in Neb- raska, Kansas, Colorado and Wyoming ter- ritory and transact all business of an auxil- iary nature. It is agreed that the company shall oxist under the articles of mcorporation for ten years, commencing on the first day of the current month, with rights of perpotual suecession THE SUPREME COURT, The following gontlemen admitted to ctice: Charles W. Haller, William W. r, Byron G. Burbank, George . Wit T. Headly Wetmore. Guy V. Shower, dismissed. Gsantner vs. Omaha Belt raillway compi continued. Roads vs, Estabrook, Aonlmuuf The following cases were argued and sub 1 State ex rel Anderson vs. Chey- enne county, Bierbower vs. Singer, motion, Callaghan vs, Powers, Mader vs. Maurer, Slaven vs. Hellman, Muldoon vs. Levi, Tex ve. Pilug, Lathaw vs. Schaal, Gue vs. es, Hoyoe vs. Jones, Gilbert vs. Jones. CITY NEWS AND NOTES. An offort wus made last night fo create a stawpede of the colored voters of Lincoln from Thayer to MoShane, It was a dismal John §. Finch and wife arrived bome to- day from Madison, Wis., where they spent the first week of thair married lifo Mrs. Finch are roveiving tho gratulations of their many fric Uncle Charley Kru Mr. and carnest con- | died this morning of He was 1 of Lin prominent rance reformeor buried at yw, and his friends aro d to be present at the tuneral ser 4 Hon. W. Seeley was an Omaha visitor yoes terday. He visited the metropolis in the in t of the republican pa and to transa signated by the central comu i o purpose of the comm to make a neavier draft upon the oratorical talent of Omaha Juring the rest of the campaign, The ~||MH| committee appointed by the 1 to accept the proposition by him to the coun- in raising siness-room from the old to ade, and he says that the nly thing that's left’ him is to sue the city i he will pr to do it - Pieasant to the taste, surpri effect and economical 'in price —no wonder that Dr. B agh Syrup is the leading preparation of the kind *Oh ! woman, in_ thy nours of ¢ uncer - tain coy and hurd to please, With childro n hurt, long hours she's spent. Do try Salva: tion Otil, the Liniment y quick in STREET. ents an The Bee-Life Insur- ance Company Injunction. Judge W y listened to arguments in the injunction proceedings of The Bee Building company ag: st the New York Life Insur ance company yesterday. The case was s mitted at noon and the court will render its decision Friday Contrary to expectations, the s. in the district court Monday hung on all day. Yesterday verdicts were ziven to the defendants in two cases: Kalish vs, Kalmbach, avis vs. Solomon. Jud Doane resu 1 of Goddard vs. Sweesy ral suits it was seized b den, and 18 still held. Seld, daniages. Judgo G 1 asks for slno T bezan the hearing of the suit Smith azainst John M. Wilson for § rntiff was at work in'the boiler works of the defendant in Octo- [ vy iron fell upon his foot and broke his leg, miking him a cr life. ple for has asked the aid of the al estate trade with J *d to give an Omaha lot 1 of land_in \ MM t Pinley rey , an_ or- Hultin court in aunulli P Finley. He for a quarter county, Tow sented hus f 0 s and to be good " Titlab! ado’ u deed of his lot and placed it m the bLauds Alfred H. Comstock, to be 1 ot The nd to be withont the improve. ments repry nts the ented, and Hultin court to d 2 off and title to his Omaha lot Dr. Isador Gluck has filed his answer to the petition of his late partner, Dr. G P, Wilkinson, The latter churge ith appropriating the funds of the firm and with being unqual: ified to practice medicine in ska, Dr. Gluck answers that he is ata of the I d & us of Chi- Opnthalmic colloge W, Austria. On the other hand Gluck says that *plaintiff was whoily inoxperienced in the practice of n icine and in business matters. Gluck denies thut he mutilated the books or even had charge of them, or that he took any firm money without the knowledge of Wilkinson He makes general and specitic denials to all of the plaintiff's charges. rup the County Court. Tho Tuthill Spring company has sued the Omaba Carriage and Sleigh company for $235 for goods furnished. Pleasures, while they flutter, sti death. One is deprived of all plea: and in danger of death while that ing cough lingers. Cure it with W ner’s Log Cabin and Consumption Rem- edy, the old-fashioued, reliable, grand- mother’s cure. £SO S A The Sage Family. Albany Journal: The fortune of Rus- sell Sage is carvefully estimated at $60.- 000,000, Mr re his no children, and should he die his twen tives in Troy would no provided for. are nearly dren of M athe of them are merchant: Charles H. Gardne Geer, Julia Sage Baxter, aditheire oril pan MO aclas T & 20 of Troy, one of Russell’s nephews, is a teamster by occupation and has five childven. His niece, Martha Ann is a widow, whose husband was ](lll-»l during the war. She is a person and does a dressmaking’ e on Seventh street, being known as the Widow Fryer Sage is very liberal with his relatives, and helps many of them right along. Mr. has rela- tives in Owneida, in Chicago, and in Towa and Wisconsin, who are not so closely related to him as those in Troy. Some James H. Sage, a produce 2o, who married i A Double Help for the Bilious, In addition to that chief remedial measure —the use of Hostetter's Stomach Bitters— persons suffering from an acute bilious at- tack, will facilitate recovery by the use at first'of milk and lime water and thin gruels, and by a very gradual roturn to the use of solid foods. ~Fatty substances should be ex- cluded from the diet. Blue pillsisa rem- edy of doubtful safety, particularly if there benausea and vomiting, frequent concomi- tants of liver trouble. Bitters, provided its reformatory action bo not rotarded and marred by gross indiscretions in diet, will £oon restore the equilibrum of and action of the liver, stomach_and bowels, all three dis- orderod by biliousness. In all forms of ma- larial disease, which in every one of its phases presents indications of liver trouble, 's Stomach Bitters is the foremost cs. The light of over thirty yoars' experience also shows it to be a fine remed for rhoumatism, kidney troubles, dyspepsia, nervousness and debility. b X R The Wealth of Presidents. The American Statesman series shows no more interesting data than the com- parative wealth of the presidents of the Jnited States on leaving offic Wash- ington left office worth $800.000, but no one ever accused him of eithor .nm- mony or of dishonorable methods. John Adams had but little propert ‘l)m\l,_:ll by no means poor. Jefferson was abso- lutely impoverished, and was obliged to beg of congress to relieve him by pur- chasing his books. Madison was well off, but Mouroe, like Jefferson, was mis erably poor. John Quincy Adams was, for those wealthy, and Juckson was at least comfortably fixed. Van Bucen and Polk were in moderate cir- cumstances, and Taylor was worth 8150, 000. Fillmore left a fine estate in Bufl- alo, which was quickly seattered. Pierce was worth $15,000; Buchanan, $200,000; Lincoln, 850,000, and Johnson the same. The times considered, Washington was the wealthiest. Graat's eircumstances avo well known. “‘Regulate the r cu'ulumr " The blood must bo good or the health will be bad Warner's Log Cabin Sarsaparilla pur fles the blood. 120 dnsos for $1. Try it, O Illlml Cost. go Tribune: Fond Father—: declare; Aggie, you are a perfoct fa simile of your mother when she was your age. Aggie fm home from a boarding school)—Pleaso call me Agonies, papa. As you say, I presume I am a fah simmeel of mamma in her younger days. Fond father (communing witl, himself in the woodshed a few moments | ) Papa! mammsl Agonies! Fab simmeel! Jumpin’ Jerusalew! Is thav what [ pay $150 a torm for? Chiea, An Impomnt Announcement while at business, h e 1ng &4 A Sna Hirers v e Feom me. fg tha host excruciatiog F Sutte o for weok, aments aid various 'other roiion ol wiho symputhised With my bel) ot Switta Bpecifo re, WALk whotit the. room, And after using six Bottles [ was out and able to g0 to business, Bluco then I hiave been rogularly ntmy p. Gy, and stand on my feet 7rom Ligy to ten hoiirs & day, and itiroly freo £r Thess 11 W, 15th llrul.h\w York City, Trw.—1 have warded off o se Of rheumatiem by o timely rosor, My litle girl, aged six, and * years, had scrofuln in' the cruvatod shope. They were puny ¥ Today thn{lrb lighithy aud ro- B, A1 o renate ot b u, 88, € y Fotiid 1isve soon hurried e 35'thiuk 118 Wonderful, an B, H. By l! Co., Atlanta, Ga. tiemen wing that you apprect wolimtary testIMonuis, wo take ploasure i stating (hat one of oUT lady customers panuml Wer Bicalth by tho use of four 1arie T Erent romedy, attor having Valll for several years. He: T‘n Krianta o0 Drawer 8, Allanta Ga. W' hx. 706 Broadwi NPREOCEDENTED ATTRACTION OVER A MILLION DISTRIBUTED! Louisiana State Lottery Company. Tucorporatad by the legislature of 183, for Ed- nd Charital and its fran. ent State Constitu- ning popular vote, ARY DRAWINGS UMBER DitA e other ton months wn in public, at the La. sipervise the and control it the same Airness, a find we anthorize il ate, i ac- are condu good faith t the company to use th similes of oiir signature tisements.” COMMISSION We, theundersigned Banks and Bankers, will l' uy all Prizos drawn in The Louisiana Stato Lotteries wiiich may v prosented at our count- tors: WALM RRE LANAU 2 A. BALDWIN, Pres, Ne ns Nat'l Bank, CARRHOUN, Proa: Caton National Bairk. GRAND MONTHLY DRAWING, In the Academy of Music, New Or- ¥, Pros. Loulsian leans, Tuesday, November 13, 1888, CAPITAL PRIZE, $300,000. 100,000 Tickets at Twenty Dollars each. Halves $10; Quarters, $5; Tonths, $2; Twen- tieths $1. LIST OF PRIZES. QF SR S..... 40 OF 5 BRIZES O 3 APPROXIMATION Pit 10 Prizes of KX are... 10 do 30 do 4 Prizes, amounting to. . Notk. - Tickets drawng. Capital Prizes are not'en- titled to term §T-Fou Ct ite logibly ‘Tesidench.with Sta r a0y further Information the " undersigned, clearly Count: Dumber,” More rapld rotur il dolivery will bo ay suredby your enciosing un envelope bearing your ull o hena POSFAL NOTES, Bxpross Moncy Orters, of " Kxchange in'ordinary letter, Currency’ by lupn-u tour expense) ddressad DAUPIHIN, Or M. A. DAUPHIN, New Orleaus, La. Whashington, D. C. Address Hegstersd Letters to NEW ORLEANS NATIONAL BANK REMEMBER it tarsenes of 6o Kty wito i chiargo 0F T ATRWIgA-L% & KOAE AR S tiRouriey. tuat tha b Bl Snal, And LBAL n0" 0o 64 ‘Possibly nt of prizes s and the Tickets un-un:l ignod by the n whoso churtered Fights a: 1ost courts; therefore, beware Anonymous sclhemes. CALIFORNIA! THE LAND OF DISCOVERIES, BNSUNP 2AsTH Coucts, s EBroncth “gsV '?"{‘ I:J'SEASES ESO-{\\ anWJL Send for cincolar 8] byt gprg ™ ABLEYINE MED® co.cRoVILLE Sauta Abie :and: Cat-R.Cure For Sale by Goodman Drug Co. TRI way b bas HIND n‘m drains uj v AERAD Drpame, WEAKNES of lhnnr ULNESS in S3OCIET e FAGE, and ail the PP B EARLY TON BILy £32 on your disetses. Syoend ¢ centa postage for romie, R Cane and e nnn. i.lsn upon © ¢ Lite T you s fuiled 0 oure you ALES ity Sty m....i. pecu: eir sox oan consult with the assurance "olis and.cure. - Send 3 cents polu(a ated sae Disoases. Consuliation, pemonal'y of by free. Consult the ale snd Female, each ol 2d. OMces and 1066 contemplating aarTh nmn‘o Clarke's colebraied guido S fire Songling youn cise. Soneuii I.A. K. mnn ly Ieun or call may -"mmrtnuflofln (m d dd uh!eu l’ Secrel) Ere Medicine und writings . secure from exposure. 1,9 to 12, Addnlll. GLI0AZO, 11, EXHAUSTED VITALITY A Groat Medical Work for Young and Middle-Aged Men. middio-aged i, n..-mn t t and il Wh 0% Whiat il ~|Iu-m chin o lowing. 1% prosc Ful New Edition, Revised and Elarged. GERMANIA Life Insurance Co. ITEWWS TORIZT. HUGO WESENDONCK, Pres't. CORN. DOREMUS, Sec'ry. Assets and Surplus of the Company. DECEMBER 3st, 1 Assets, Assets, $13,073, ERNST BE Saloring tality, i Mauagor] Oftice, First National Bunk; Roow 306 and 307 MOKE 3| Ono_agent (dealer wanted in each town. 80LD BY LEADING DRUCQISTS. R.W.TANSILL &(0..55 State St Chinn 21,829,850 wsm Tansill’s Punch Cigars woro shipped during the past two yeurs, without a drum- mer {n u\xrompluy No other house in tho world can truthe fully mako such a showing, only) OUR NEW ADDITION Isbeing rapidly pushed to completion and we hope to open the same by the 15th inst. and improvements which we are also making in the old store extend to We propose to have not only the largest, but also the-best The change every floor and department, arranged and best lighted Clothing Establishment, We have to apologize to our patrons for the present condition of our store, but it we are not only crowded with goods but crowded with buyers at all times, and customers may find it a little inconvenient but they will find themselves amply repaid by the low prices we are making throughout our entire stock and the is unavoidable; many bargains we are offering. Our stock of Overcoats is enormous and the change in the weather has created We have everything imaginable, or at least desirable, and among our stock will be found many lots which are marked in price far below their in- > value. quite a demand for them. trins The Mens' Suit stock is the heaviest ever shown and its variety warrants the as. sertion that whoever buys a Winter Suit without at least looking here, fails to consult his own interest. There is not an establishment in the west that offers names the prices we do. Boys and Children are as amply provided for we still have some of the special bargain Knee Pant Suits at $2.50 a suit, which would be cheap at $5.00. We want every mother to look at this " and hildren' 8 Overcoats we suit, offer great inducements. them. prices (oves, stant rush in our Hat Department. way we buy them puts all competition out of the question. " JOSEPH GILLOTTS STEEL PENS GOLD MEDAL PARIS EXPOSITION 1818, | y, Nos. 303—-404-170—-604. THE MOST PEEFEGT OF PENR Hosiery, Neckwear and all other Mens' furnishings at lowest possible In long Pant Suits OITE PRICE COCITIX. Cor. 14th and Douglas Streets, Omaha, A Up Capital. . Surplus L W. Y ATES, President, Liws mfi A K. ToUzZAL 60 d E {fi" Ty Magnotiolicl: W. V. Monsk, .‘/ £ only o llnlhe world gent lln Li y (Jnun..o Fiociri Smwrfi . E. Touz {Belepiite Fowerral, Daftle) 3: i ELTS FOR H.W. YATES, Banking Office— tamp for) A0 pl.mp I WASASH AVI.. FOUNTAIN FINE CUT AND PLUG Incomparably the Best. )D’HEII 8 AND Pflflllflilf I.ORD & THOMAS, ADVERTISING AGENTS, 45 t9 49 Randolsb Bireots CHICAGO. Nebraska Natioml Bank, U. §. DEPOSITORY, OMAEA, NEB, b, Vice President. 2d Vice Prostdent, S. HuGHES, Cashior, THE IRON BANK Corner 12th and Farnam Sts, A General Banking Business Transacted. No delays. FARM AND OMAEIA CITY LOANS, The Kansas City Investment Co, 36 Chamber of Commerce, OMAMA, NEB, All business done at this office. PEERLESS DYES —— n ARE THE BEST, Sold by Druggists. Haanh is Waalth! T, eeipt of 'o cure £ eoct s - & guai Oonvulsi Headaohs, Nervous of aloshol % tobacco, ‘s NERYI teed #poci| ons, 1 h, inm.mn o‘:'.‘h Power in either In Pain, seif contalns one mo o six boxogrru sent by maii nmmd-!o- Tost! the selection or "Underwear you can buy of us at lower prices than the regular retailers pay for Hats are almost given away, at least you would think so if you look at the con- The quantities we handle of these goods, and the - Nehraska Glothing Gompany or, ‘o, o uu‘ b fn-., u!n WE GUARARTEE SIX BO!E. oase. wuhuch order BOX u money it tho uarantees mm gooDMAN Druy ist, Sole et G, . S0le A8 TARY A, ADE| °J93J1S YjZI Jo Isey SI00(J 393y 6ITT "LETYLS WVNIVI 6TTT SYOT4Vd ONIHLOTO LIJASIN IS SUFFICIENT! A WORD 0 THE WISE pUB )G PI[BOU[) PUB SIS 18 ‘S31B09I9AD I S‘.IO&I'B‘L TUBYOIS JO OUIT SAISUNXH pus qrodng v