Omaha Daily Bee Newspaper, October 25, 1888, Page 5

THE OMAHA DAILY BEE: THURSDAY. OCTOBER 25. 188 : 5 »M»m»c«m«««“«««“ i P e e = e e M A i e A A A ey ‘ Lttt a S 2 2 e S B S T R N s ) U i) ) ) ) | ) & (i i) i) i) el il KA Yo sz tondially iurided 4o Jéfz-fia’dy, Ordoter wendysfiflh, /7("77} Do Solock 1ubid f1'1*/3 . he aflernoon, and Feven o' olock wnditl dew 1w e fl»htz.';f?, 4 W Con 75h -a»nr/_.(fiou?’/a} A4 gm<!~vm /:‘37011‘14;}1?, /%my z Lo Omalia, lied, \ E allend The opening of our 2lore, { \ { { \ \ T N4 | T N | | ) T ) N N 6 N N N N N T P [ S _a - e e e PO eI OO rEerrOtettrtttttttrertttttdiItdiddadiditaedtdlti-iordditdttoodrdedodesdode® O O A AN AR AR AARAAAYA AV A A oA A AT A AR LAY A AL AL AL A AR LINCOLN NEWS AND GOSSIP. Hearing of the Quo Warranto Case Against the Burlington. COURT HOUSE CORNER STONE. Nebraska Political Drift—Affairs at the University—Articles of Incor- poration—Supremeo Court De- clslons—General Notes. LiNcolN BUREAU or TRe OMAHA Bes, 1029 P Stiee LiNcoLy, Oct. 4. The quo warranto case against the Chi- cago, Burlington & Quincy railway company was called for hearing before the supreme court to-day. The)argument of Attorney General Leeso against its removal to the foderal courts was briefly as follows: Action quo warranto was brought to com- pel thej defendant to become a body incorpo- rate in accordance with tho laws of the state. In answer to the information the de- fendant claims exemption from the constitu- tional limitations made in the constitution of 1875, bocause the road in Nebraska was or- ganized in 1309, and to briug it under those limitations would be an impairment of the contract. The defendant further sets forth that it as been exercising those rights since 1880, and should on that account be allowed to continue to do so. *‘In other words, a con- tinual violation of the law ripens into a right.”” The constitution prohibits a foreign corporation from acquiring right of way or real estate for other purposes. Yet the de- fendant says that this plain provision may be annulled by un executive officer of the te. The attorney general cited cases to show that unless there could be no doubt that tho case belouged to the federal court that the state court should not be robbed of its jurisdiction. He conclusively proved that section 114 of the law governing corporations confers the power to consolidato the stock of two companies, but does not graut authority to all franchises and other property. ‘The law in these matters still re- mains the same, JCompanies in this state can olidate with those in adjoining states, but' that part of the company in Nebrasku is governed by the laws of Nebraska. Agen, the Burlington is uot complaining of violation of contract, and the Chicago, Burlington & Quincy has no right to, for the constitution was framed five years before it came under our laws. ‘The company had a commonsense alternative: If the laws of the state did not suit the company it ought to have remained on the east side of tho Mis- souri river, Casos were cited in which the United States suprome court has held that corporations formed by purchase or consoli- dation are governed by laws in force at the time of consolidation. Admitting that the Burlington ~had power to consolidate its stock with a foreign corporation the defend- t must show statute authority conferring the right to dispose of franchise and other property. The defendant claims that section 8 of ar- ticle 14 of tue state constitution is contrary to section 1 of arti 14 of the constitution of the United States. There can be no federal question raised there, for the reason that all persons d corporations are under equal protection of the laws, It is claimed that an act of con- a’rell was passed in 1500 to enal the road assign 10 & Nebraska corporation. Now, 18 not au ot of cougress necessary to permit & Nebraska corporation to assign to an Illi- nois corporationt The only question in this case is the status of the defendant as a cor- porution of the state. The defendant files a copy of its foreign charter to cover the trans- sotion of its purchase of the Burlington. ‘I'his cannot alter the position of the de- fendaut. The auswer to this caso strikes at the sovereignty of the state, and no other jurisdiction has a right to determine the uestion but the state itself. The state has right to make the conditions upon which @ foraign corporation ean be admitted into :n state ahd exercise the right of eminent omain. Concluding, the attorney geueral made this concise statement: 1. That under section 114 of chapter 25, there was no con- solidation of the stock. They claim the transaction was & sale, 2 That section does not, authorize a sale to a foreign corporation. 3. The act of 1887 is unconstitutional in s0 far as it permits a sale of property, stock or franchise to a foreign corporation unless such body incorporate under the laws of the state. As no federal question ari it is re spectfully requested that the motion of the defendant for removal to the'tederal courts be overruled and that the court proceed to try the case on its merits. POLITICAL DRIFT. The following letter, received by Tir Beg ropresentative to-day, tells its own story: The editor of the Omaha Herald seems anxious to hear of a farmer who has aban- doned democracy on account of its free trade licy. This information I am able to give him., We have quite a number down here ‘who have done so0; but as he makes the mod- est demand for only one, I will go him but one better, and name two. Here they are: John Dalton and F. Ball, postoftice address Palmyra, Otoe county, Neb. The Herald makes a great mistake when it assumes that grain sacks are dearer here than in England. The reverse is true; our sacks are the cheaper. No intel- ligent farmer will grumble when called upon to pay only 20 cents tor an excellent grain sack, and they can now be bought for less by the dozen. The last sack that I bought in England cost 60 cents —a four bushel one-—of good quality. Ona visit to the old land four years agowe made a complete study and comparison of the price of goods there and here, and I was very much surprised to find many things cheaper in Nevraska, let alone New York, where more than half the ar- ticles that wre used in common, every day life, are much cheaper than in England. My farmer friends in Norfolk, England, are paying more for plows, wagons, harness, sacks, forks, rakes and many other imple- ments and cotton goods of every description than we Nebraska farmers are paying. The railway charges for their products per ton per mile are also higher than_ours. I know a farmer in Lincolnshire who sent a ton of potatoes to London. The charges on them were 17 shillings and he sold them for 15. Now let the Herald man make out a worse case, We bought some woods in England and some in New York. If you want the English goods on this side of course you have to pay the duty. The goods are marked English and right by their side is always to be seen our goods and marked much less, and often the better goods, too. If the Her- ald man will come down here we will show him goods bought on this side that can not be duplicated for the same money in all Eng- land. Yours truly, I MERITED RECOGNITION. There has been, perhaps, no appointment to a position in the state umwversity that gives more general satisfaction than that of Mr. H. K. Wolte, who has been offered and accepted the lectureship on modern philo- sophy, to take effect the first of the new year. During his student days in the uni- Versity he gave this department of scientific study the most thorough and careful atten- d after graduation went to Europe nt several years under the foremost instructors of the world, and is therefore fully abreast with modern thought in this line, Mr. Wolfe graduated in the class of '80. During the past year he has been teach- ing in Californ He will leave his present place of residence for Lincoln just before {he holidays. THE COURT HOUSE CORNER STONE. The corner stone of the new court house will be laid Saturday, October 27, and the event will be fittingly celebrated, but under what auspices has not been fully determined. The matter is iu the hands of the county com- missioners, but just what they intend to do Tie Bee man has not been able to gather. Street rumor has it that the stone will be 'squared” under the direction of the Ma- sonic brotherhood, and if this proves to be true, the ceremonies will, doubtless, be im- ‘)olhn{. The contractor, Mr. W, H. B. Stout, is wholly in the dark as to what steps have been or will be taken by the commissioners to celebrate the laying of the corner stone of the county plant of $170,000, coming on at & snail's pace. *'You have me," Le said, “‘as to that; 1only kuow that the stone will be laid on that date.” It is not stated whether the stoue was dressed at Joliet, 11, or at the quarries in Ohio, where the srmclp‘\ part of the stone has been purchased that is going into the building, The stone cutters of the city will not go out of their wayto be pres- ent. But for all that the Ume-honored cus- R. R Wakn. - tom will be observed by a great many of the citizens of the Capital City. THE SUPREME ' COURT. Messrs Wirt Dexterand John J. Herrick, of Chicago, were admitted to practice. State ex rel Cox vs Hanlon, motion to set aside judgment submitted, and execution stayed pendente lite. The following causes were argued and sub- mitted: Berghoff vs State, Vollmer vs state, Donahoe vs Nelson. Hardy vs Riddle, error from the district courtof Lancaster county; afirmed. Opinion by Reese Ch., J. Geyer vs Parker et al, error from the dis- trict c.}mrt of Gage county; afirmed. Max- well, J. Tex vs Pflug, error from the district court of Sarpy county; afirmed. Reese, Ch. J. Lancaster County bank vs E. Mary Greg- ory, appeal from district court of Lancaster county; reversed with leave to the parties to replead. Reese Ch. J. Rogers vs Empire Hardware company, error from the district court of Douglas coun- ty; reversed and remanded. Opinion by Maxwell J. Slaven vs Meyer, Hellman & Co., error from district court of Douglas county; affirmed. Opinion by Maxwell J. Greenwood vs Cobbey, motion to quash bill of exceptions; overruled. Opinion by Maxwell NEW IMPROVEMENT COMPANY. J. C. Van Buskirk and 533 others are now transacting business at Oxford, Furnas county, under the corporate name of the Oxford Manufacturing and Improvement company. The articles incorporating the company were filed with the secretary of state to-day, and a #10,000 capital stock is authorized. ‘The object of the association is to build a dam across the Republican river, near Oxford, and create and maintain a water power for manufacturing purpos The company commenced business on 14th day of October, and will continue twen- ty-five years under the articles, unless dis- solved by a maiority vote of the stockhola- ers. The capital stock will be increased as the necessities require. CITY NEWS AND NOTES. Citizens of Lincoln residing in the Second storm water sewer district propose to fight the assessment tax made by the board of equalization, although as left it is much less than that originally under the horizontal plan. Such men as J. D. Hurd, A. D Kitchen, Thomas Ryan aud Jacob North are everything but satisfied. Robert Taggart, treasurer of Otoe county, was in Lincoln t y. He says that the political outlook in that county is bright for the entire republican ticket He also say that the democrats are tearing their hair for Mattes, and that the bloody knife will be un. sheathed to elect him, The Omaha Elks visited the Lincoln members of the order to-day und tonight hold a social meeting at the elegant rooms of the home brotherhood. The evening was_one of the most enjoyable ever spent by the members of the order in the city, It was attended by a number of the Johnson-Slaven minstrels who are also mem bers of the order, Inspector McClellan gives it out cold that business men who are failing to have their sidewalks reduced to the required grade will find it being doue at their expense by the city if they don’t move along in the matter at once. The order has the right ring, and if there 18 no backing down in it, greater im- provement will be manifest in the city before cold weather sets in in earnest. —— Into ruin to see falling Teeth once sound is quite appalling; Their decay at once is seen ‘When you ope your lips, between, Useto whiten teeth that darken Fragrant SOZODONT—just harken! e The greatest national debt among the nations of the glébe is borne by France. It is about $6,250,000,000. Russia comes next with $3,600,000,000; then England £3,560,000,000; Austro-Hun with $2,485,000,000; Italy, with $2 000,000; Spain, with $1,207,500,000; and Prussia, with 81 0. For Tired B Use Horsford's Acid Phosphate. Dr. O. C, Stout, Syracuse, N. Y., says: gave ittoone patient who was unable to transact the most ordinary busin because his brain was ‘tired and confused’ upen the least weéntal exertion. Immediste beoefit, aud ultimate recovery followed." o A Use For Everything. Detroit Free Press: Theatrical to manager actor—"Ah, I see you've got a cork leg. I hardly think I can—O,hoid on, I torgot, you're just the man J want. I am going to have a scene in my new play, ‘Lost in a Prohibition State,’ where tha villain has his arm blown oft in a barroom fight in full view of the audience, but DIl consult with the author and see if he can’t make the hero shoot low and take off a leg instead.” e A Young Girl's Grief __ _ At seeing her charms of face and form departing, and her health imperiled by functional irregularities, at her critical period of life, was turned to joy and gratitude after a brief self-treatment with Dr. Pierce’s Favorite Prescrip- tion. It purified and enriched her blood, gave a healthy activity to the Kidneys, stomach, bowels and other organs, and her return to robust health speedily fol- lowed. It isthe only medicine for wo- men, sold by druggists, undera positive guarantee {from the manufacturers, that it will give satisfaction in every case,or money will be refunded. Thisguarantee has been printed on the bottle wrapper, and faithfully carried out for many years. — Pears’ soap is the most elegant toilet adjunct. - The Sioux chief who does the figuring for the band of red men that is trying to maike areal estate deal with the govern- ment is said to be a line specimen of In- dian summer. Catarrh o Consumption, Catarrh in its destructive force stands next to and undoubtedly leads on to consumption, It is therefore singular that those aficted with this fearful disease shouid not make it the_object of thelr lives to rid themselves ot it. Deceptive remedies cor norant pretenders to akened the confl- ¥ o sullerers hn all dvertised remedies Thoy become resigned to a life of misery rather than torture themselves with doubtful palliatives But this will never do. Gatarrh must be met age and combated with all our might ases the disease has assumed dan: “The bones and cartilage of s of Learing,or sesing and of as to he useless, the uvala so tso juiamed and iry tant and distress'n, SANFORI of Catarrh, from . simple he most loathsome and destruction aud destrue tive stages. It1slocal and constitutional. In- stant n relieving, permanent in curing, safe, economical and never-falling, Each package contains oue bottle o th 10AL CUKE, 0n6 box CATANRHAL R and au IIFROVED INHALEI, With treatise RAD- POTTER DRUG & CHEMICAL CO., Boston. UTERINE PAINS. And Weaknesses instantly relieved by theCUTICURA ANTI-PAIN PLASTER, & Perfect Antidote to Pain, Inflamma- tion and Wesakness A new, most agreeable, instantaneous wnd infallible pain killing Plaster, elpm.lnll{ adapted to relieve fe Vastly supertor to all other At all druggists, 25 cents: five for stage free, of POTTER DRUG AND ., Boston, Mass male weaknesses, plasters. To thoss who aresuffering from Coughs, Colds, Chiest Pains, Pneu: monla, Rheumatism, Sciatica and other Dains so general at this sea- son of the year. Such sufferers feol far gréater intorest in BEx- BON'8 PLASTER. & remedy which never tails to afford prompt re- lief when faithtully and intelli- gently used. ~This plaster has made a reputation solely on it merits as & solentiflc remedy,com- ISOF Bouaded ou scloutinc principles, y chemists of undoubted abllity and integrity. Its greatand in- creasing popularity has induced upscruputous imitators to put many fraudulent eounterfeits o the market. Careful buyers al ways ask for BENSON'S PLAST LITTLE un‘?rreg:se all eux:.r L INTEREST &% nd_two ty & Johnso, for & copy of the D housenold book. THE TARIFF stamp to Platt Street ‘Instructions » valuable !'W. G. ALBRIGHT, Real Estate, 218 S.15th St.,,Omaha. —BEST AND CHEAPEST— ALBRIGHT'S CHOICE! SOUTH OMAHA. e CHICAGO Avo ORTH- N WESTERN ik Council Bluffs And Chicago, ‘The only road to take for Des Molnes, Marshalto Cedar Rapids, Clinton, Dixon, Chicago, Milwa A";:‘.(I;I'R‘u‘."ll“("”fl{ X hllnblu. Nevada, Oregon. Wash not possible by any other line. pe ee! Tong n T Of Uhe humerous points of superiority enloyaiiby the patrons oF this Tood et soh Dahe and Chicago, are its threo trains & day of COACHIR W are. the Tnest tha humar artiny b RATARS whiors At epot With those of the Ci: Moailotmer BUY NOW TERMS EASY L. STAUB, 1610 Howard St., Omaha, has drawn plans and AHGH"EGT apecifications for a 9-room frams houss. Which combibas > “Io utility,comfort,economy and beauty.in s way (mpossible in any good hiouse that costs from 1,000 t0 $LA. A% more that 10 will be bullt 8o, I can afford to offer a copy for #25, the usual fees otherwise bing from —— 507 per cent.Patentapplied for. Originaland splendid = = designs furnished, as can be judged B T ot Al — form the sets of plansot completed buildings of 2 per cent mora, " all descriptions. 1 have in my office, ranging in cost e from 86,000 to 8400,000. My unusual experience will guarantea satistaction = and reliable contractors only are eugaged on my works, Par g = atend xolas} & y works, Partles wishing to bulld DR. HORNE'’S 4Electro-Magnetic Belts ! The Grandest Triumph of Electric Science—Sci- entifically Made and Practically Applied. Dm. &cjlnlt gt “Beita, DISEASE CURED WITHOUT MEDICINES eago & Northwester this line make ciose con Eastern linos. For Dotroit, Co warn Falls, B lon With mbus. Indianapoli wio, Pittsburg. To rk, Philadelphis, B A n, New 'Y ington, and all polrits In the K “NORTHWESTERN" It you wish the best nccommodation. Al tickot wgents sal tekets via (13 o, BRI "k, p. wiLsoN, Gen'l Fass ¢ Agent. Cincinnatl, ontreal Gen'l Manag W enger Agent St., U ala, Neb, Preserve Your Health 5 & CO.8 PERFO- y KSKIN DER- GARMENTS Smith's Pat)afford to persons susceptible tocold the best protectior ngainst PNEU: MONIA IMATISM, and all LUNG DISEASES. ftecom- mended for Ladies and g £l men by the Medical Faculty Send for fllustrated circular, mtoria \ble an !fllg CANFIELD RUBBER (O, LEGIRIC BELTS FOI SOLE MANUFACTURERS, aata hovie T Chicego, whaiesite Arugbinsyson 86 Leonard §°,, New York City, " DRUNKENNESS ' e DR. W. J. HORNE, Inventor, 191 Wabash Avenue, Chica Or the Liquor Habit, Positively Cured by nli ik, P |CBICAGO ™~ SHORT LINR Speciflo. : OF THE T8 can bo given in a cup of coffee or tea with: cl"flaxfl. Milwaukee & St, Paul R,,- ut the knowledge of the person taking it; Tutely Rarmiosn, and will ST6c & permanct asd The Best Route from Omaha and Council Bluffs to én;‘::ky cure. whether the paticnt {8 a moderate —=THE EAST: or or an TWO THAINS DAILY BETWEEN OMAHA AND (L) 1401 Farnani - Depata, Constip ey Catnreh, ges e B e vt what D T e blcod hole family can we and cures ""E vry one gennine and used by permission. TESTIMONIALS S0 K510 8t e, Becaianiop Bk QOO contianton merosit Sioef ¥ Main Sreet, Buttalo: N, ¥.0'G. We Beilus, M. N Murray, Nagerville, IiL{ B L. Abbott, supk.o . McMichal, M. D, Butfaios N, mfortable siep atnight. con, roes of KD the NERVE AWD BRATW TRwAw. gult artnking of LEn S 1oas i r 0 ol .1t nev fulls, The syatem cifie for Hysteria, Dizz 7stem onco mpreguated wiitne 8 eaierross Netiali acco, Waketulness, M: mpogst o liquior appetits to exist, For sale Dy Fulcn R, MENT, wu-nmu adache, N used ‘daehe: Nervous Prostration. oa R e Sxe 5 ness, COUNCIL BLUFFS Ingin, Omana, :‘E.b" 2o pafsend Qun I ey Tongns,of \ne Brain, "feoaing 18 | Chicago, ——AND— Milwaukee, on Age. Burtetnest Yoss of | St, Paul, Minneapolis, Cedar Iupids, Rock Island, Freeport, Rockford, T. E- GlLPlN, Clinton, Dubuque, Davenport, Elgin, Madison, Janesville, FlHE IHSUH“GE BHOKEH Beloit, Winona, La Crosse, [] And all other important points Kast, Northeust aad Room 63 Traders' Bulldiug, 84 Y3 | | For throuen tickets cai o fuo tickot agent s 1501 = L I CHICACO. arnam street. in Barker Block, or at Unlou Pacitg Roiorences—Matropolitan Nationa) Bank. Dining Cars in thy Wb g, A . The Bradsirees Co L pal Parchaser obr weitta nt joney if the troa L< X uaran T R Btreet. Omah, eal ; i Geacial Managor. A V. K. KPENTER, dencral Passouger sud | Ticket Acent. GEO. k. HEAFFORD, Assistant Ge Mokl Agont. | M0 LR Geherat Superiateudent. | - & | | rpi B PEEKSKILL MI kakill-on-Hudsor: NO. M. TILDEN, M ADYIOR FRER. HOW T0 A:‘l’. i 1o dorscared withou! Stomach M STRig MARSTOW £0.19 Park Vlase, KewYork, ey ES—-A. _GOODRICH I lgllrh o 24 orii 8t., Chi xpactence; buslacks Guies JUDICIOUS AND PERBISTEN Advertising has always wu Suocesstul. Before placing Newspaper Mvenmnroon:: LORD &‘J'_HOMAI, &l Praseuger ARY ACADEMY - LY. Send for cata DM, A, Priscipaly 1,