Omaha Daily Bee Newspaper, January 5, 1889, Page 5

e e e e e e - =™ SENATORS N CONFERENCE, Oounty Superintendents Disoussing Naeded Ohanges in School Laws. SUPREME COURT PROCEEDINGS. NebraskaSheriffs Ask a More Definite Law Regarding Their Fees - New State OfMcinls at Their ts Lincoln New 1020 P Strexr, Lixcouy, Jan. 4 A dozen or more county ship @ in conference with the stat tendent to-day at the state house, Tt ing was cu d by Superintendent or three ceks a for the purpos: f con sidering some of t needed changes in th achool law. Other matters of importance to educational circles were also discnssed, It Lixcorx BUreAav or Tre Owana Bae, } moet Lane two was decided torecommend to the legislature hat the annual meeting for the election of district oficers, with such other changes in the statutes as may be necessary to harmon ize the work of the county treasurer, clerk and commissioners, relating to the change as contemplated. The educational heads in conference also think™ it best for an enact ment fixing a date, not later than July 15 of each year, for district census reports and return of the tax levy. Some other changes in the school law will be recom mended. A committee _of _ four to act with the state suverintondent who is the chairman of the comamittee, Wwas ap ited to attend the logisiative sessions to crintend _school legislation, viz: Mel Newaha, — Burkett, of Sew. French, of 'Saline, and Clary, of Otoe, It is barely possible, however, that the lawmakers of the state may see fit'to en gineer the iogislation of the session of 'S5, without outside superintendenc It is given out that the conference of superintendents, which closed to-day, advises the location of two more state noriial schools, one in the Second congressional distriet and the other in the Third. This recommendation breeds large appropriations, and 1t is possible that it will engender a few vigorous kicks on the part of cconomists if nothing more. So far as heard from the advice does not receive general approbation, and the necessary ap provriations wiil hardly receive a hearty aye and amen. County superintendents as fol lows were in attendance: A. Boyd, Antelope county; Albort Buffalo county A" Enright ne county; J. A, Doy le\\h county ; Walker, Butler_county: E. B. Shrem county; L. C. Spangler, Colfax : Dayton Ward, Dixon county; A , Furnas county: 1. 13. Barton, lton county: C. A. Manviile, Holt county: B. Cowles, Jefferson county Mrs, M. A, Connell, Kearney county: Frank D. McClusky, Lancaster county; James W, French, Nuckolls county; William M. Clary, Otoo cotinty; L. J. Crainer, | county; J. D, French, Saline county: O, Dooley, Saunders county: G. . Burkett, Seward county; J. W. Henderson, Washing ton county: W. . Howard, Wayne county SUPREME COUIT NEWS, Court met pursuant to adjournment. The following gentlemen were admitteed to prac tice: H. Wade Gillis, Charles A The followimg causes were submitted: Sterling vs Pearson, Bank. Bricfs to be filed. Court udjourned to Tuesday, 1889, at 8:30 o'clock a. m. Latham ct al vs Schaal. T trict_court of Sarpy Opinion by Reese, chief justice: 1. The verdiet of & jury was sct aside and anew trial granted upon the motion of the losing party, which motion was based upon number of assignments, among which misconduct of the jurors and that the ve dict was not sustained by sufticient evidence. In the absence of a bill of exceptions, show- ing what the evidence was, it is prosumed the decision of the court in granting a new triul, was c the journal entry not showing the reasons for which the vordict was set asid 2. “Influence to vitiate a will must be such 8 to amount to force and coercion, destroy- ing the free agency of a_testator, and there must be proof that the will was obtained by coercion; and it must be skown that the c cumstances of its exceution are mconsistont, with any hypothesis, but undue influence, which cannot bo prosumed, but must be proved and in connection with the will and notwith other things.” Bradford vs Vin- ton (Mich.) 20 N. W. R., 401, 3, In the absence of a’ copy of the will, in the bill of exceptions, the supreme courl cannot say whether the prop y was im- providently distributed, and owing to such absence, it cannot_be presumed that the dis- trict court erred in excluding the evidence a8 to the financial condition of some who would naturally bo the recipients of the bounty of the testator. City of Omaha vs. Kramar. Error from the district court of Douglas county. Reversed and remanded. Opinion by Maxwell, .. 1. A witness called to testify to the dam ages to certain private property from the location and construction of a public im- provement near it, way state what the property was worth immediately before the location and construgtion of the improvement and immediately afterwards —in other words, what the property was worth without the benefits, but cannot be permitted to state the amount of damages thereby sustamed by tho land owner as that i8 o deduction to b made by the jury from the evidence. 2. The words *or damaged” in section 21, article 1, of the constitution, include all damages avising from the exsreise of the right of emineat domain, which a diminution 1w the value of Janua or from the dis- affivmed. ror from_the d urt of Suunders county. Reversed ided. Opinion by Keese, Ch. .. . Instructions set out ab length in the opinion, exwmined and beld, erroncously given 2. A railroad corperation, although author- ized by law, to construct its road across a atrean, is lable for damage done to lands nd- Jacent thereto by the construction of a bridge Which causes the water and_ ice to gorge and overflow such land, and in the selection of the character of the bridge to be built due regavd must bo had to the rights of the ad- jacent land owners, as well ns to the safety of the public who niny travel over its road, or who may require_the use of the same for the transportation of property Kansas Manufacturing company vs Wag- oner, v from the District courtof Platte county. Afirmed. Opinion by Reese, Ch. ) 1. Plaintiff brought an action against de- tendant for the purchase price of & wagon which it alleged it had sold to defendant, “Tho defense pleaded by the answer was that defendant had purchased the wugon from pluinuim not knowing of his agency, tho wagon belonged to the vendor, that ho had paid therefor with the exception of §25, for which he offered to lot {udsment bo rendered in favor of plaintiffs. t was shown that the agent was deccasod, On the trial the court permitted dofendant when upon the witness stand to state the contract of purchase from the deceased fendant at the time objecting. Held, no error and not a violation of the provisions of section 420 of the ecivil code; plaintiff not being in “any sense the roproscntative of a deceased person in the suit. 2, Upon the introduction of plaintiff’s evi- dence in chief, it produced evidence tending to show that its agent, who was deccased, conducted his business as an agenoy, und not. in his own name. ‘This evidence was mot by defendant with testimony which tended to show othorwise and that to all appearances the deceusod had conducted the business as his own. On rebuttal plaintiff offered ud. ditional testimony tending to support his theory of the case in that particular, which upon objection being made upon the' ground that the testimony offered was not proper as evidence in rebuttal, which objection was sustained by the court, Held, no error. Licke vs Yakman et al. Er om_the di trict court of Douglas county. Alirmed, Opinion by Reese, Cl. J, 1. In an action o quiet title, where the partics claim from & cOMION SOUrCO, & Wit ness who was the roal estate agent by which the alleged transfor was made to the defend- ant in the action, was asked upon the witness stand, what the custom was amoug real estate meu, as to selling real estate for credit, as he has done, and upon objection, the testimony was excluded. It was hoid that there was uo error in the ruling of the court, thers being no a time, 2. Where in the trial of such a cause a wit ness was called and nsked as to_nogotiations nstituted by himself for the purchase of the | estate involved in the suit, su tion being entirely disconnected with alleged purchnose by the defendant, it was hield that the offered evidence was properly excluded M The State n the dist rict court of Adams connty. Reversed and remanded, Opinton by Re 1. Simple larceny i the fel and carrying away of {he persor another, with intent to deprive the owner, permanently, of his property. The taking must be with a felonious intent, otherwise tnere is no larcony, If A should take the property of 13 believing that it was with B's consent, and that the property belonged to A, there could be no larceny, because no criminal ntent, % Evidence oxaminod and held not suftl cient to sustain a verdict of guilty of lar- cony Huft va Slife, Error from the district conrt of Adams county. Affirmed. Opinion by Reese, cb sarantees the pavment of a proimis vs Brown, s taking zo0ds of »f the maker. Hunge H N, W. R. 161 guarantor, altho solvent. i3rown vs Curtis, 2 Comstock, 22 Alexander Bros. vs Graves Error from th district court of \Webster county. i versed and remanded. Opinion by Reese, Ch. J. 1. A purchased certain personal property from 13 on time, and for the purpos of securing the purchase price, exe- cuted a chattel mortgage on the proper purchased, The purchase was made and the chattel mortgage exccuted undor an assumed and fictitious The parties to the transaction being unacquainted, the vendor supposed the name given was the true namoe of the purchaser. The purchaser stated thot his residence was in Webster county, whi was correct, and the mortya duly filed in the proper office in that county. Subse. quent to the filing of the mortgage, A sold the proverty to C under his true name after C had examined the records for chattel zages execuicd by A, and finding none. Inun action of replevin by B against C for the possession of the mortgaged property, it was held that 13 should recover judgment Muldoon vs Levi. Error from™ the district court of Douglas county. Opinion by Reese, Ch. J. 1. Ajudgment was rendered aimst de- fendant in the connty court. Within ten days thereafter he filed an undertaking for appeal, Subsequently, but more than thirty days after the rendition of the judgment, e fil his transeript in the district court, wh upon defendant in error filed his motion for judgment in his favor, similar to that tercd by the justice of the peace, without filing an additional transcript. The motion was sustained and judguent entered accord- Held, no 2. Chapter' 97 of the session laws of 1857, being “An act to amend section 1011 of the code of civil procedure, and to repeal said original section,” held to be constitutional, in 80 far as it was amendatory of the section referred to, and to that extent, at least, valid, 5. Where a statute contains invalid or_un- constitutional provisions, if the valid and in v able of scparation, only the latter areto be disregarded. Seo’ Board of Supervisors vs Stanley, 105 U. S. S. C. Rep., 205. Youngson et ux vs Rollock. Error from the district court of Kearney county. Af- firmed as to George N. and reversed as to Helen Youngsou. Opinion by Reese, Ch. J 1. Where an action was against two or more defendants jointly, and the verdict of the trial jury was in favor of the plamtif, but against’ one defendant only, and the court, by mistake or oversight, rendered lent against both. the mistake being ded in this court upon proceedings , the mistale in the judgment will be corrected without remanding the cause for a new trial. 2. The evidence examined and found sufil cient to sustain the verdict of the ju Chamberlain vs Brown et al. Error from the district court of Cherry county, Affirmed. Opinion by Reese, Ch. J.: . 1. Error cannot be assigned upon a ruling or action of the district court made or taken with the consent of the complaining party An objection that the verdict of the jury is not sustained by the evidence, cannot bo sustained unless all the evidence submitted to the jury is made part of the record aud ained in the bill of exceptions. . A judgment will not be reversed for er- rors appearjng on the record unless such er- rors have prejudiced the rights of the com- plaining party. 4. Instructions given and refused cannot be considercd unless certified to by the clerk of the district court. Amendment was properly allowed. 2. A person who unlawfully shoots another and wounds him, whether intentionally or through negligence, is liable for the dam- ages thereby sustained by the party in- jured, Little ct al vs Giles et al. Appeal from the district court of Lancaster county, Affirmed as to all plaintiffs who did not disclaim. Opinion by Maxwell, J. 1. At co.mon law a devise of real estato in order to convey the fee must contain words of inheritance or perpetuity, but under the statutes of this state, such words are not necessary to convey the fee and every devise of land is to be construed to convey all of the estate of the devisor therein, unless it shall clearly appear by the will that the devisor mlonn(ul to convey a less estate. 3. A devise “to my beloved wife Editha J. Datwson, [ give and_bequeath all my estate, real and personal, of which I may die scized, the sameto remain hers, with ~full power, right and authority to dispose of the same as to her shall scem most meet and proper so long as she shall remain my widow, upon the express condition, however, that if’ she shall marry agam, then itis my will that all of my estate herein bequeathed, or whatever miy remain shall go to my surviving children, shure and share alike," ete. Held, th under the statutes of this state a conveyance of such real estate by Editha J. Dawson after the death of the’ testator and beford her marriage conveyed the fee to such realt and her subsequent” marriage did not effect the title to the same, 8. The words ‘“‘or whatever may remain” in the will apply to both the real and per- sonal estate, and are restricted to such part of the estate as remained undisposed o the time of the second wmarriage of Mrs, Dawson, 4. When a testator devises all his estate, real and personal, giving his devisee the power of unqualified disposition of tho prop- erty devised, tho devisce may convey the legal title thereto, and a limitation over in a subsequent clause of the witl . in favor of other persons of “all of the estate herein be- queathied or whatever may remain’’ at the marriage of the first taker, will not affect the titles previously conveyed. Eviaence of the situation of the partics be received whea it is necessary to a t understanding of a bequest,- together with the facts and ciccumstances which may reasonably be supposed to have influenced the testator in making the will in order that the court may ascertain Lis motives and iu- tention. 6. An attorney who sells roal estate for his client and vepresents the title to be good, which representation 15 relied upon, cannot thereafter assert title in mmsdnn any of +he real estate so sold. State ex rel Franklin County vs William C, Cole, Mandamus. Demurrer sustained, Opinion by Reese, Ch. J. Defendant was the duly elected and quali- fied county clerk of Frunklin county, During his term of office an application was made to the supreme court for a peremptory writ of mandamus, requiring him to certify and re- port the collection of certain fees, which it is alleged that he has falled to report. To this relation he filed his answer, controverting its principal allegations. Subsequent to that time he filed a supplemental answer, alleging. that since the filing of his original answer his term of ofice had expired. To thls a general demurrer was interposed by the re- lator. 1t was held, that the facts stated did not constitute a defense and the dewurrer was sustained. Klostermen vs Oleott trict court of Lancaster county. Opinion by Reese, Ch. J. 1. The firm of K. W.& W., in the year 1581, entered into a contract with one I -md gavo a bond to sell him, promissory not Snon certaln teris and "ooRdikions. and 80 guarantee the payment of the same without notice inturty days after the maturity of each mnote. In November, 1883, the firm of R. W. & W.was dissolved by the withdrawal of Ry W. & W. thereupon eantered into a new contract and gave a new bound to L. which provided that W. & W. would guar- antee all notes sold to L. and,without notice, Error from the dis- Afirmed, PAY sucl as were not ,.mwwv days after maturity thereof. ~ Under this arrangement W & W 'd n large number of notes to be renewed and transmitted the sime to L., and ereby obtained credit for the selves upon their account. Held, that t was sufficient contract 2. That the contract being a direct promise to guaranty the notes, no notice of accept ance was required Where a court states the nbject of " n party desir inga more explicit. nstruction upon that point must ask for 4. Where usury in the transaction is pleaded and the testimony is conflicting upon that point, a verdict of the jury finding ther i8 1o usury, will not be st aside, notwith standing the saction may appear to the court as a device to evade the usury laws. 5. The claim that the verdict is excessive. t sustained o \\n. re testimony has been introduced tending to sh an_additional linbility from the defendant to the plaintiff, the petition nended by leave of court u National Bank vs Davis. Appeal n the district court of Buffalo county, Reversed and dismissed. O ion by Max procu nsideration for the bond uits first instructions, ury i the original transa t of times and usurious in est added to each renewal and the note then transferred to one who claims to be a bona fide purchaser without notice lon of proof is onsuch party to show that he is such purchaser 2. A transaction by which a grossly furi ous note was transterred to a third party as alloged before due for a valuable consider ation, but in which neither the sc buyer can state what had been paid or the manner of paying the same, fails to establish a bona fide purchase. Hall vs Aitken gEr of Buffalo county RReese, Ch, J 1. The filing of a chattel mortzage in the oftier of the recording officer of the county, under the provisions of scction 14, of chap ter 82, of the compiled statutes, makes such mortgage part of the records of the county, and unde: 1405 of the civil code a copy thereof duly certified to by the proper oflice is competent evidence of equal credibility to the original. 2. Where a chattel mortgage is duly filed as required by section 2 of chapter 12 of the compiled statutes, a duly certified copy thereof would be suficient authority under which the mor > could taico possession of the property and foreclose the m 1n case such foreclosure were not nor the auhority of the mortgagee ques: tioned, a certified copy would not be neces- sary. The original mortrage on file would be sufticient to justify the proceeding when col laterally attacked. 3. Where a vendor in possession of per- sonal property sells the same to a pur chaser, who buys in good faith, believing ho is obtaining a clear title to the property. there is an implied warranty of title by the vendor; and if in such cas there is an out standing clam of title, evidenced by a duf filed chattel mortgzage on the property sold, and the mortgagee takes possession of tho property for the purpose of forcclosing tho mortgage —depriving the purchaser of his possession, and the purchaser notifics th vendor of the proceeding to foreclose the mortgage and offers to allow the vendor to contest the validity of the tgage in his name at the vendor's expense, which the vendor refuses to do, the purchaser would be justified in_declining to contest the validity of the mortgage and look to the vendor for the purchase price paid. 4. Upon the testimony in a tr having been produced, the - judge who presided, stated to counsel in the presence of the jury that as a matter of law under the admitted and known facts in the case the plaimtiff would be entitled to recover, gave at length his reasons therefor and subsequently so0 instructed the jury in writing. ~ Upon ob jection being made on the ground that the statements of the judge were made in the presence and hearing of the jury, it was held, that there was no error, and a distinction made between the ruling of a_court upon a question of law and fact, which terminates the case and whereby statements and in sinuations made the court give dircctions to a jury as to their decision on questions of fact and the merits of the case which is finally to be submitted to them, Carmichacl vs Dolen. Error from the dist- trict court of Saline county. Reversed and remanded with directions to state the case and surcender judgment on the v dict in favor of plaintiff, and for such other proccedings as may be just in the case. Opinion by Maxwell, MEETING OF The sheriffs of Nebr: e in session to-day at the office of Sheriff Melick, at the court house~ It seems from the subjects dis cussed that the sheriffs of the state aro anxieus to secure a more definite law regard- ing a class of thewr fees, and for this pur assembled together, In some counties there has always been a conflict between the sher- iff and county commissioners regarding fees due, and it is proposed to_securc legislation that will settle ali points in which they are interested. The subject of milcage was spectally considered. ‘The followlng sheriffs were present at the meeting: William Coburn, Dougias county; E. A. Wedgewood, Hall county; F. F. Parker, Burt county; William Grimes, ~Johnson county: James Ireland, Jefferson county: John Wilson, Buffalo county; J. M. Smilc Seward county; J. E. Erkenburg, C: county: H. D. Schneider, Washington Dundy county ; Charles nnty; Fay Davis, Gage Merrick county; A D. Strunk, Pa county; Isaac Hill, Kearney county: E. R. Wilson, Saunders county; John Barton, Saline county. OLD TANDS THE BEST. The state officials for the ensuing two vears were all at their posts this morning. Most of the faces at the various desks we very familiar, and very few changes have been 'made in the clorical forces. The governor, attorney general and secretary of state retain their old help. They dently going upon the that tried hands are best. John M. Thayer. jr., will continue to be the gove rotary “erris stenographer, und Sam Lowe Ben R. Cow Il continue to of- as deputy ary of state, D. E, rdner recorder, Nélson L. MeDoaald bookkeeper, and Miss 'N. M. Percell clerk, Auditor Benton evidedtly believes in civil service reform. The fordier-bond clerk, Mr. George E. Bowerman, steps into his shoes as deputy auditor. This'is generally considered a reward for faithful and eficient service. C. B. Allen continues in the capacity of insurance clerk, M. M. White, book- keeper, and M. Engiish, clerk, The last two entlemen named are new men. John Esq., will serve as deputy attorney general another term, and Miss ifile Lecso as clerk and stenographer. Commissioner Steen honors C. M. Carter, one of the n obliging boys at the state house, and n him his deputy. Brad P. Cook does t clerkship, and he will do it well. Mart Howe, bookkeeper, and Victor Abrahamson, J. K. Marley, Miss C. E. Carmody and Miss Stee clerks. | hero is but one change in this of* I Mr. Bartlett continucs as deputy treasurer, and the state superintendent of public instruction still goes it alone. It can be said with truth and propricty that thero are very fow heartaches amoug the clerical workmen at tue state house. CONSOLIDATION OF HAILKOADS. The Chicago, Rock Island & Pacifie rail- way company filed articles of consolidation in the office of the secretary of state to-day. This scheme unites the lowa Southern & Missouri Northern, the Newton & Monroe, the Atlantic & Southern, the Avoca, Mace- donia & Southwestern railway companies into one grand system, with a capital stock limited to §50,000,000, The principal office is fixed at Chicago with an Jowa branch at Davenport, Scott county. Authority, how- ever, 18 delegated to establish another office ow York City. The consolidation, under stipulation of the various leases, is to con- tinne for a period of fifty years from the 1st day of the current month, Articles incorporating the Missouri River Transportation company, with business of at Sioux City, Ia., and eighton, Neb, were' aiso’ filed, lu»lh\y The object of the company is to conduet & common carrier business. The company commonced business to-day with an authorized and subscribed capital stock of #5,000. Incorporators as follow. : iam Leech, William Hoise au CITY NEWS AND NOT Lincoln seems to be depopulated to-day. Most of the members of the legislature haye gone home to spend Sunday. Governor Larrabee, wife, daughter and staff veturned home this afteruoon., They spent the day driviog about the city, and wrez'u very much pleased with what Ihe) saw of it. Among the first bills to be introduced in the house next week will be a maximum freight rate bill. This will be the begiuning of the swed a numb r from the district court Aftirmed. Opinion by Penn, county; John Fatirogiie war fahth Hon. O, L. HAN: “of Hll father of the bill Speaker Watson will announce the com mittees of the houso the pr nnary opentite on next Tuespay after noon, S and foar they wil fail to get what they want Hon. W, F. Cody, wife and daughter, went to Omaua to-day on 'U- 1:40 fiyer. SUBU "H,\,,\ NEWS, WASHINGTON COUNTY. Cathoun, Burthnel Miller and Rhoda Haltz, brth of wore marriod at the residenco of the bride's mother, Christmas ovo, tho core mony boing performed by *Squire M father of th m, None were present the imme friends and happy couy 1 live with Mrs, Hu marriages w W this one, p not until next yor. The Calhoun Union tainment was given sisted of a snow house with . chimne through which Santa entered and came f loaded with presents for the child Major C. C. Benne atr stopped off and gave us quite locture about the manners and customs the poople of the Sandwich Islands. The old gentleman lived sixteen years on the islands, and_corrcets many historical writ mgs concerning the sume. Mrs, Stevens went to Council Bluffs to spend Christmas with her daughter, Mrs, Runion. Mrs, N. J. Brooks spont Christmns her dauhitor, Mrs, Antia Steffen, at Misses Ettie Stewart, Lue Cla ) Adah Crawford, togother with Mrs. Living ston, Mrs. Pettinzell and W. E. David, wont to Omaha as a_committee to select and pur e books a8 prosents for the Christmas rtainmout. They purchased about one hundred ehoice books We have a beef-shop in our town now, which will b quite an accommod ation to all those who buy their boof, squest of his teacher, brought to school a rxammoth picce of hon ently being detached from the hip-bone If the animal was afive, according to a lib eral calulation, it would be at least a third larger than Juuibo, with similar proportions, ILis supposcd to be a bone of au extinet species of the elephant. city, will be the of the boys scem to be restless relati 11 8001 fo with Omaha Fontanelle. Most of the schools in the county for the holidays Mr. J. M. Lewis and_famly, formerly of this place but now of Albion, Boone county, visiting relatives and friends here Owing to the mild winter in_this section, the amountof feed used is much less than for years past, thus decreasing local demund, consequently lowering prices. There were Christmas trees at the Ger man Lutheran and Cougregational ehurches, closed The German Lutheran church, which was recently built in this eity, was deldicated on Sunday, the 234, The building is on the lot South of the Presbyterian church Major C. C. Bennett, from the Sandwich Islands, gave an instructive and interestin yterian o b Svnday entitled *The Sand wich Is weather was bad, and the lecture was but slightly advertised, so the atteadance was small. On the 19th at noon Mr. Herman Shields and Miss Emma Wilkinson were united in marriage by Rev. It B. Wilson of the M sses Mamie Devries of Owmalia, pragud of Blair .acted as brides maides and Messrs W. J. Cook and Deuna Allbery as groomsmen, The contracting parties are well known and their many friends wish them abundant happiness. The sents were many and costly. he Blair school tlosed with appropriate In the High school, besides the Rhotoricals, was i debato by the pupiis. The West school was open from 2 until 4 on Sat- for the purpose of exhibiting the kin- arten work ‘of the pupils. The worl was craedit to the town and {0 the school Mrs. D. K. Bond hs_resigned the principal shipof the High school. This will cause much regret on the part of the prople. Miss Celia Allbery is home on a holiduy vacation Miss Mary Seeley is home from Fremont on a vacgtion. Mr Stuart is havinga well dug on his farm two miles northwest of | town, and when the diggers were down_sixty-oné feot they found a large quantity of wood, many roots, and a large number of shells, On Sunday morning, Dec. 22, at I, the four year old child of Me. W. W. Wright died. a flourishing Band of Hope in this s been running but a fow weeks, and’ on Sunaay there were over sixty in at- tendaunce. A fow of our young men_are orgs cornet band. We hope they may 4 good band is quite an attraction, Improvements are being made in our city on all sides. The raroad park is to be fenced with post and gas pipe. Mr. L. P. Vau Liew has the job. The Crowell Grain and Lumber company have just completed a new elevator near the aepot. All quiet as the calm after the storm, so is after the Christmas. Our gene erchants put in_a larger stock ti Claus could use, 50 some of them have asur- plus, Weo are doing nicely during our fino weather. ‘The rain on Sunday made getting around quite disagrecable, but to-day is clear and cool., Our young folks aro taking advantage of the fine ice on IMish Creck, and are having skating parties nearly every day. Mr. and Mrs, J. H. Stewart, Messrs. John Cartor, Frank Mead, F. M. Williams and Misses Cora and Ann Carter went to Lin- coln on Thursday to assist in organizing a younz men’s prohibition state league and a young woman’s stato league. They report an excellent time, Mrs. Miller, aged eighty-five, grandmother of Mr. Stephien Phillips, of Blair, died S night. The funeral was held Sund Sermon by Rev. Perry, of the Buptist church, Judge Crounse wes in town Monday. A DEMURRAGE LAW, slng o What Railway Officials Think of the New Bill. Abill has been introduced in the legisl ture authorizing railroads to charge, not to exceed 83 per duy, for cars dotained not un loaded in forty-cight hours after arrival, This is regarded asan important issue in railway circles. At present a demurrage bureau exists in this city, the duty of which s to impose a tariff on detained cars londed with freight. . The rates are, after the first forty-cight hours, §1 per day for the first five days; $2 per duy for the next succeeding five days, and for cach additional day after the first ten days, $4 per day on each car, But this is not what the railways hope to derive from this bill: The operating departments state that th above agreement concerning demurrage was cntered into by representa- tives of all theroads in Omaha, but there being but artielos of agrecment, under a stress of éircumstances, it might easily be wiolated. Then 'agam, they can conduct business in this city, and if tho individual who isthus situated is a good pat- ron, they wilkoverlook the demurrage and allow him to holdithe cars regardless of any additional cost. Where one compuny docs this and the rest don't, they maintain that it cuts into the general patronage. of those lies living up to the agreement. But on th other hand the ofticials state that the law should be backed up by o compulsory clause. As the bill is now introduced, it oniy allows the railway company the righ®to collect this #3, when, in reality, they are not proibited from do it at the present time. An ofticial of the Union Pacitic said: “This means a great deal, and if 1t is properly constructed it will bé a relief to the railroads. Now, it not only protects the raii- roads, but it protects our business men. If there were no charges on detained cars, why this city would be filled with bucket shops in less than @& week. You see that a man would open a small office here, take hus orders for goods, and ship thent without any extra cost after the freight was once loaded. Or, he could, when 80 desired, purchiase wheu the market' was cheap, and bold his freight in oars until be found & et Joyfoe unconfined. | market mand which, when ho oanno ate, is supnlied by men who h thousan prise in Omaha. Al vour coa here are in favor of demurrage, but it his st to the financial benofié aceruir it is worth moro than_ & por day to company to have its cars ready for so and it will have a tende avoid a b ade of freight, which experienc several occasions in tigs city Will Nog Buid. The report in a morging paper to the offect that the Union Pacific'ls extonding its toSioux City is pronounead without tior als of that fac Meial in ¢ matter, * we are as noar Sioux City as we care to be, Oud line exte: to folk, and in this way we roach the What systom would result from a line, say the tion of the Norfolk line to Sioux City would be rating a branch d be pe 1t ul f ht comsigned westw an addit City & Pa 1¢ Bluffs, If aimed to control traf direet” trom Missouri river poi we would run a parallel line the Sioux City Pacific and Omaha. It is true we it somo of the Burlington's pa ro, but The Wage Reduction peaking of the reduction in wages of the section men on the Union Pacific utendent Ressequie said 1 because othier roads wi s, and we could see no_roason compensation for performing work for Pacific than was being paid by othe As it is, our prices duction 1< for the same labor, s high with the preseut those of uny road.” T havi occasionally troubled coughs, Bron and 1 must say thoy ar the world."—Felix A, May, Mian. i - THE LICENSE TRINI ited They Stand Upon Several Sa- loon App! 1on The first board as at present constituted, took | Thursday afternoou at the mayor's oftice in the city building, the bourd consisting of the Michael "ho present mayor, president of the council, Lee and City Clerk Southard relat of the board are of a very ami naty The business was attended to with carnestness and dispateh and-a great deal was uccomplished._ The first question was anting . S. Higgins alicense. After a very few remarks it was unanimously t gentleman that of decided to refuse a license to th The license of A. N. the man The following licenses wer 1320 South Th John Guek, near Belt L Swoboda, 1354 South Thirl Tn this way he could cupnl{ tha a. oper. pended MEXICAN is the ) hias 1o coul-yard, who has no place k, wha opnoses it. _Then, as therefrom, s of doliars in building up an ent merch founda. “The ienting on 10w Nor north good continua. yual 120 miles, w as it I8 now, * by the Sioux have with Super “We made a re @ not paying why aman or set of men, should receive a higher with h case have used Brown's ch have never failed, second to none shier,St. Iaul, meeting of &he city licensing cable iKcar was also refusod, aving died since the application was teenth ; Line ; Prank Max_Lenz, 1 any ek on e We ard, wo this the in nd S. H. Farnsworth. For th NERVOUS DISEASE TO FEMALUS, PAINS INTTHE BACK ternal Viscera, RADWAY'S PILLS are a ithy action, restore str L RADWA aunders: P, Helpeen, 1801 St. Mary avenue: Storz & Iler, Columbia Hum\ RoblY, 2036 Poppleton avenues 1318 South ' entt outh Ninth: J. 1. icearn Fourteenth: Storz & Tler, Faleoner, 1420 Dodge’;, B, Clark & G Fifte AL B Butt, 1 tol avenue; Storz & Iler, 1 Senf, 1906 Vintos Thirteenth: Jumes Twelfth; Dillon & Co., teenth: Frank J. Kaspar, tecnth; Mrs. Amelia Thiclgaard, 607 Tenth; A, Jo: vonworth; heuser _Busch _Hrewimng ation, Jones: N, C. Wind, 621 Beatty, 724 105" Sonth St. N s avenue; Owen 111 South Sixteenth; ¥ J. Fr Altman & Bal 3 Paylon & ( John E. Gramme & Thiman, enth; Dan McCoy, 3 Cafirey, 1502 Soutn Thirteenth; Leavenworth 1018 Capitd South T South Fouw Thirteenth. aside that the might qualify. T board, consequently as @ precautionary measur M. J. Carroll, 1201 Webster James ( 1109 Farnam: Wiliium Stoltenbers, Webster: Henry Linenberger, Hamilton Thirty. avenie: Ketehmark & Fort; iHenry Groock, 24 Cass; Waldeman & nd Martha; Peter Fedde, bondsmen Ryan, State 1if teenth; Fritz S , 2406 Cuming: James ustus, 1003 NY i 102 | [y ety and eomiortanis siep athighi, i Sy - L) Postiivelycuredin ol days eficlt: The following applications were next set properly latter were not known to the this method was taken wcob Landrock, 2035 Poppleton brewery ; Frank Mathias Neu, NESS, FEVER, INFLAMMATION OF T1{% BOW Purely vegetable, containing no mereury, mineral or delet —DYSPEPSIA.— e for this complaint, Th e 2th to the stomach and ehable it (0 perform its functions, The mptoms of DYSPEPSIA disappear, and with them th —PERFECT DIGESTION-— Wil e accomplished by taking RADWA V'S PILLS. ACHE, FOULSTOMACH, BILIOUSNESS will be avoided and the At then | nourishing properties or ihe support of the natural waste of the bod co 20 conts, V'S READY RELIED there s no BETTER REMEDY MUSTANC LINIMENT Thus the “ Mustang” conquers pain, o Makes MAN or BEAST well again! obaln ZULU MAGNETIC OIL. atism, - Spraine, Swollen Jointa, It ¥ Patup in ans And sont LY OX IO ® o recoipt of pries 1E your d not keep it e 000, $100 anl #1590, ZULU HEALING OINTMENT. 1t nets like maglo Nitlos, Surns, i Atost €alve In the World Ciits, Hral Cows' Tonis, otea A0 OLICE (FOUNIes of n SImIIRE nie 1 Tor horsos 15 nnd sores. Price Pt ap in large tn boxes, ana Sent b rice if your drugeist 10re than fonr times Ckige CLATMED 10 contoin WAL UG the WOTk w6 GUARANe TEE 0ur Dropirations 1o do. THE SANTFORD MFG. CO., Omaha, Neb., Sole Propriators. v Sate at vetail in Omaha, by Kuhn & Co., Geo. W. Parr, John W. Bell, L HEADACHE, CONSTIPATION DIRAGGINC BLADDEI CO IS e ATNTS PROULIA] FEBLINGS &, IN DI LS, PILES, ana all derany fous drug > up the internal secretions to Hability to contract disenses, 1A, SICK HRAD- contribute its Sold by al FEVER or AGUES Iy so doing, DYSPE| DR. HORNE’'S ~Electro-Magnetic Belts ! The Grandest Triumph of Electric Science—Soi- B, \lm\\dun. 312 South South Four- 1923 South Thir- South Caturrh, T Junt what R post o Elcotre.Magnetle. oient it A Effoctivo, Av - Eird stashp for pa m=n ‘are, . ALRO ELEOVRIO BELTA FOR DI unhn& 1513 ; Any bank, comu i cago; wWhol and Francisco and hicago. and 2 Walnut; John Krog, 611 Sixteenth; J. J. Donovan, 109 South ath; Jetter' & Young, Wenzol & Nest: Sonth Thomas Duguid, 1102 South Sixth. “There have been 220 applications made for 216 have already been then adjourned to aloon licenses, and ted upon. The board give time to bondsmen to qualify. CALIFORNIA! THE LAND OF DlSCOVERlES 49'. %ronCht oer\d or circulan S|, perbottle 3pr 9 2 ABIETINE MED: co.0RVILLE, CAL Tie 0 NLY— GUARANTEED A T IO TASTE - DEAYSTOCQ) [LE'\"“’ 1*R5 Iflf"\‘GO Gi SO DISEASESTIARO ““a“Lu Nes EH Gumr% Jackson hirteenth S b U ormontown, Towas Lei ' workes, Bouth Hond, Tnd; 1ob. corubined. Griarantoed tho ‘only ono 1n tho world generati acantinuons Electrio & Alagnetls Lowerfil, butable, 1 agency. orqy fodruiiats, Sanfosy entifically Made and Practically Applied. BISEASE CURED WITHOUT MEDICINES An: ITI(VIILL CURE YOU PRI R e 1217 Sixteenth; uth Fifteenth; C W ,‘.‘:','.“'l‘ hmnymmwmrlr'nulutr!l v i bidod WHEN ALL ELS tug, TESTIMINIAL fon. NOTE tho followh A asiote.ail on Hox thio great horsemin; el M1 Raaliea; un holt has accomp piie 0 st 39th Strect, New Yo 'wé’fl“:"n:nvous PEO DR HORXW'S RLSOTAO-NAGH NETIC o Containa 33 to100 d Eicetriclty, GUARAX ved, cheapast: solintilo ) oetiyo MUDICAL ELWTII B 0. isponsorios fren with 2 d borus compan ek with many allasen o mcatong. RLicTie £ YO ‘Band starmp for 1ustratad PamDBIGk: DR. w. J. HORNE Inventor, I9I Wabash Avenne, cmcu Staver Buckeye Fead Mill IMPROVED FOR 1889, .;‘:mta Abie : and : Cat-R-Cure For Sale hy Goodman Drug Co. Grind Faster with Same Fower. Because it has Better Burrs, and \ifur BETTER WORK. And Because it is Stronger and More Durable. ’ Every farmer Should have one. Ask ye dealer for them, and if not in stock, write o And all natore assumes a wintory ag pect, those who are pradent and econs WHEN THE ture, and thoir resuits 1n 10 100k About £0f pro: 15t cold we , chan Wi ter clothing, fuel and BENSON'S PLAS ThIAre recognized 88 the wost lmpor. tant bousehold necessities. This plaster LEAVE! BEGIN Fuluavle oxtor, St bEiatia, Ligabate a ity HENSON'S PLAST jmitated, henco bu itk b » shou sk Tor Hen To F‘ v(fin:m Worthisas. Drdwote. u. Wgoont ttamp 2 Segbury & CTions ufi"' Tik DOC- "”z"w"r e A 3 valuable bous les and palns pocullar (o this seas 01 the year, Owing Lo its groat popular- lrgoly ul manent place in eyery well regulated hou setiold, as the wost STEEL PENS GOLD MEDAL PARIS EXPOSITION 1378, Nos, 303-404-170-604. THE MOST PERFECT OF PENS ays