Omaha Daily Bee Newspaper, January 31, 1889, Page 5

R AT I A o7 THE OMAHA DAILY BEE: THURSDAY. JANUARY 31! 1880, THURSDAY MORNING 1st---The wholesale profit. E. C. MORRIS will Commence the Greatest and Only WHOLESALE and RETAIL HAT and CAP FIRE SALE! Ever Opened in Omaha. The Entire Wholesale Stock of Hats and Caps Bought from Darrow & Logan and the Insurance Companies are NOW ON SALE AT 1216 FARNAM ST, AT RETAIL. emember, Darrow & Logan Bought These Goods from the Factory Jan. Ist, Consoguently Everything is New and of Latest Style. [The Insurance Companies took the Stock at Factory Prices, and we got Them at a Bargain. WE WILL GIVE YOU 3 BENEFITS--3! 2nd---The retail profit. JANUARY 8ist 8rd---The discount for water damage that does not exist. hree-fourths of the Entire Stock Escaped Without a Particle of Damage-—-Examine and be Convinced. You will find a line of Stiff Hats, all colors, going at $1, $1.50, $2, $2.50. You will find a magnificent line of Peerless and Stetson Soft Felts, in perfect condition, going at 50c, 75¢, $1, $1.50 and $2. You will find some of our slightly damaged stock at lower prices. Boys’ Hats, in all colors, 10c, 25¢, 35¢, 50c¢ and 75c. Full line of Caps and Soft Crushers. This stock at usual retail prices, would amount to over $35,000. Here you can get undamaged Hats at 50 cents on the dollar factory prices. Splendid line Workingmen'’s Gloves. " E. C. MORRIS, 1216 Farnam Street. AND THE ARCHITECT WAITS. The Board of Public Lands and Bulldings Accepts, BUT WAIVES NO STATED RIGHTS. The Muddle About the Rooms In the Capitol About Over—A Cautiousy Abstractor—Personal and General News. 1020 P Street, LINcoLN, Fan. 50, ‘The board of public lands and buildings met again this morning to consider the final certificate of the architect, as to the comple tion of the capitol, pertainng to final settle- ment with the contractors. 1t was decided after due deliberation to accept the building, but to waive no rights of the party of the first or second part, pending such investiga- tion as the board may deem it necessary to make, to reach a proper understanding of the true condition of everything counected With the contract and the plans and specifi- cations. Contractor Stout’s statement, veri- fiod by tho estimates of the architect, show that the sum of $68,900 is still due him from the state. The further sum of $30,000 has run for extras, and the legisiature will be asked for an appropriation to foot the bill. 1v is understood that these extras were run without law, or order from the board, and that the responsibility rests upon the ' self. imposed authority of the architect. While the board accepted the building in a sense, the rights of both parties to the con- tract remains intact, and there mustbe a proper showing upon the conling inspeetion and invesugation before final settlement will be made with the contractor. The §6,000 must, under tho intentions of some members of tho board, and possibly all of them, pa) and receipt sub-contractors amd material men in full, according to the requirements of tho statute laws of the state. This exaction nas been secured by the passage of proper resolutions en the part of the board. With this done, and reasonable complinuce with the plans and specifications found, final scttle- ment will be an easy and smooth matter. Architect Wilcox was somewhat nettled when the board deferred final payment of his Dill for professional services. 1t amounts to $749.65, and he evidently hoped to get his moncy and have done with his contract with the state, He was remin that the board had not yet had_sufticient time te g0 tothe bottom of everything, and he mod- est,y said'‘I can’t wait," but his actions were ch that a careloss ebserver could sec that he had lost his usual poise. The board scem to be inclined to go for laose worlk if it can and have held in reserve buck pay and original bonds, provided half-driven serews are discovered. In the matter of the controversy of the goveruor and the supreme court over the rooms now designated as the executive de- partment, the board has taken no definite action, but it is given out in A quict way that no change will be made. Governor Thayer and Judge Maxwell had a sharp passage or two in the presece of the board regarding the wmatter, but they maintainod their dig- nity and tempers. Architect Wilcox, how- ever, was quizzed unmercifully by the judge, and at times he seemed to be in a Dbigger muddle than the one the board is trying to settle without bitterness or hard fcelings. The board is master of the situation, and there is no doubt but what its decision 'will be final and gen- erally satisfactory. 1t is said that the board will not publicly decide this matter unil after sottloment with the contractor. Stout is quoted as having said : Lo state is en- joying the use of my money and labor, and is quarrcling over a portion of it before it has & loga! right to.” ' And itis suggested that there is nore truth in the statement than might appear on the surface. A CAUTIOUS ABSTKACTOR. The state deeded a piece of school land to a :me of a':,uudm;:dc:un(lly 3 \vue'l{h:rlo imce, properly sigi overnor Thayer, whose signature was u.:i'ched by Secrotar; Taws, uader the grest seal of the state, an LiNcOLN BUREAU Ov THE OMAHA Bes, % also by Commissioner Steen, when the decd was duly recorded in the office of the com- missioner of public lands and buildings and then sent to the fee simple owner. Presum- ably it was recorded usecond time m tho county above stated. At least an enterpris- ing abstractor of Ashland, who is preparing & very exact setof abstract books, wrote down yesterday for notarial attest to the governor’s signature. The amusing incident was t00 rich to keep, and some of the boys of the commissioner’s office gave it away this mornmg. The idea that a notarial scal is of higher testamentary authority than the great seal of state is just a littlo bit funny. “But it illustrates,” re- marked a member of the senate, “that while it is ombarrassing to become too cautious, statutary laws can not boe too simple. The position of abstractor is an important one, and no person ought to serve in such capac: ity unless he thoroughly comprehends the law under which he works, and is otherwise thoroughly competent. A penalty ought to be fixed for imperrect and defective abstract- ing. But there is no danger that the Ash- land man will go wrong. His bump of cau- tion is as big as the bump on tho back of a camel. One can ride on it without suddle or bridie.” INCORPORATED ENTERPRISES. The recogds in the ofiice of the secretary of state now show the legal incorporation of the Girand Island Baptist College Building association and the Tecumseh canning fac- tor! The college assoclation is formed for the purpose of erecting a college building for tho Baptist Educational Board of N and for tho further purpose of buying and selling real ostato, stocks, notos and mort- gaes, and of platting land into lots, blocks, streets and alleys, and improving and selling the same for the benefit of George H. Cald: well, Z. Avery, James F. Zediker, Charles W. Scar and' M. Murply, mcorporators of the association, aftor completing the colloge building. Commencing October 27, the busi- ness of the ussociation continues five ‘The authorized capital stock of the tion is $25,00), which is divided into 250 shares of 8100 each, The college buiiding is to be erected ‘at Grand Island. The Tecumseh canning factory commenced business ut the beginning of tho new year with an authorized c: 1 stock of $10,000. Article 2 recites the object of the company to be the cAnniug and preserving of fruits, grains and vegetables, and such other busi ness as may be computible with it. Charics A. Hounes, E. H. Grist, Andrew Simpson, A. D. Planigan, Charles McClosky and J. L. Young ure the Incorporators. SUPREME COUNT PROCEEDINGS. Aultman vs Trout, leave to supply lost record. The following caus ‘ere argued and sub- mitted: Karle vs e, Page vs Davis, Streitz vs Hartman, Union Pacific railway company vs Sue, Meyer vs Evans In_reappropriations for deputy Opiuion by Maxwell, J. . Section 26, article 5, of the constitution, prohibits the creation of a new exccutive do- partment, but does not prohibit the appoint- ment of adeputy by the auditor, treasurer, secretary of state or commissioner of public lands and buildings. 2. The word “clerk” in_section 24, article 5, of the constitution, is used in the sune senso as at common law, v A person em- ployed in an office who writes or re, proper form the transactions of the tribunal or body to which he belongs. 8. The prohibition against clerk hire, in fice of the attorney gener: oes not lude the legislature from providing for a depuly or assistant attorney general, 4. A stenographer is one skilled iu the art of writing in short-hand by using abbreyia- tions, or characters, for whole words, and does not come within the common definition of the word, clerk. In re state warrants, Opinion by Rcose, executive 1. State warrants issued in pursuance of an appropriation and secured by a levy of taxes, for their paymeut, are ‘'state socuri- ties" within the provisions of section 9, arti- cle 8, of the constitution of this state. Mader vs Maurer, Error from Douglas county. Reversep. Opiuion by Maxwell, ). 1. In an action to recover for work and Iabor, the defendant, on the trial, admitted, Plat the services performed wore reason: ably worth $16.00 per weok if there wus & contruct ostablished, either express or im- plied.” Held tuat the weight of testimony tended to establish a contract between the plaiutiff and defeadant for the payment of such services. Error from Lan- Opmion by Messenger s the State, caster’ county. Reversed. M , J. 1. “An act to provide that all citizens shall be entitled to the same civil rights and to punish all persous for violations of its pro- _visions,”” approved — 1855, is within the power of the legislature and valid so far as it relates to citizens. g 2. Where the act is broader than its title, that portion in excess of the title will be de- clared void, as where the title of the act re- lates to “‘all citizens," and the body to ‘all persons,” 1In such case, in order to entitle a party to the benefits of the act, it must be alleged and proved that he is a citizen. 3. Barber shops canuot discriminate against a colored porson and deny him any rights therein to which a white person would be entitled 1f requiring the services of a barber, except for reasons applicable alike to all persons. CITY NEWS AND NOTES, Editor Eaton, of the Kearney Hub, is in Lincoln doing the legislature fdY his paper. Fred S. Van Antwerp and Miss Annio Hartman, of Syracuse, were married to-day by Judge Stewart. peaker Watson was presented with a life- ed portrait of himself by the employes of the houso of representatives, last night. Will F. Gurley, of Omaha, made the presen- tation speech at the request of the donners, The case of Edwin Parks vs William ney, on error from Furnace county, was led for trial in the supreme court to-d The federal courts adjourned to-day. A few motions, however, occupied the time of Judge Dundy this morning. No cases were called. John Ferrill, of Endicott, Jefferson county, came to Lincoln yesterday for a_round-up. While in the act of putting up a 0 note for a mug of beer, when drunk, he was arrested boliceman and taken to the cooler. He was given @& nominal fino and dismissed this morning. Cerrill had %355 in cash on his person, and it is thought probable that he has been taught a valuable lesson, SPORPIN.: NOTES. Proposed Bicyclie Race and Other Keatures. President McCormack, of the Omaha ball club, has not heard from Manager Seeloy for tou days and _doesn’t know much about what 18 going on. The salo of Jack Crooks to a broker in Chi as been consumated, pay ment of the ~$550—which President McCormuck expeels to receive ina duy or o, Billy Edwards, the pugilist, left Omaha last night for Chicago to witness the Grifin- Gilmore fight. It is his intention to cnal lengs the winner. Edwards says he will main in the east, as he found the west a poor or pugilists, who he says are not en- e here as they are in that part of untry, A correspondent subscribi; himself “Omaha's unknown,” writes Tz Ber that if the party who issued the challenge pub- lished 1n last Sunday's Be for a twenty-six hour go-as-you-please race for sweepstakes of #15 will make the race fifty hours heel- and-toe, for $50 sweepstakes, he would be glad to accommodate him, The business men's class of the Y. M. C. A. gymnasium, led by the lawyers of the class, gave their regular monthly exhibition drill yesterday afternoon. Inyitations had been issued for the occasion, and they were ! responded to, the spoctators’ gallery being filled. The drill was very interesting and sowe of the feats performed were very creditable. Bicyclist Ashinger late yesterday after- noou posted with Frank Parmalee the re- maining $170 of his entrance moneo for the six-day, three hours a day, race. This makes five entries in the contest, viz Knapp, Mor- gan, Prince, Reading and Ashiuger, and the purse an even $1,000, besides percentage of the gate receipts. Prince and Reading are training at the colosseum, and 1t iz said that the latter has improved wondorfu ——eeeee Children Cry for Pitcher's Castoria. e ———— ‘When Baby was sick, we gave her Castoria. Whea she was & Child, she eried for Castoria, Wheu slio became Miss, she elung to Castoria, Whon she had Children, she gave them Castora. HOW IT WORKS, About the Same Old Way It Works Elsewhere. Creston, Ia., Jan. 30,—[Special to Tur Ber.]—Since Tue Bee's expose of the liquor joints here, the police seem to have been awakening to a sense of duty, and to the fact that unless they bestir themselves and malke a showing their heads will forthwith be lopped off by the mayor. Last Friday Layer's south side restaurant was raided, but no liquor found, however. Three men and an empty glass were discovered in a back room. It is nonsense to suppose that the keepers of liquor joints don't ‘‘keep cases” on the po- lice, and one might as well endeavor to catch o weasel asleep as to walk in the front door in full view of the proprictor and his picket. “Poker" is a vory fascinating game, es- pecially when there is sometying to play for. Small boys play the game here for from one cent to ten cents ante, and larger ones for from thirty cents to fifty cents ante. Not- withstanding it is against the law, there are several places of business where young men gather daily and nightly, Sundays included, and play at the game for money. Ata cer tain hotel it i imed the game is played nightly for high stakes. In a certain bil- liard = room, also a liquor joint, bil- hards are played for money A certain doctor and a young blood of the town fought over a game of billiards that they were playing for money, but no arrests were made, although at least a dozen persons witnessed it. In a certain ¢ store poker is played regularly night and day kes. If a man drives unruly cow h the streets and applies a whip the police stop him, but if a “‘gang” parade the streets, too full to refrain from trying to shout, no policeman comes near. “If the mayor closes our front doors we will show him that ‘boot-legging’ is more dangerous,” said a dive-keeper. ‘*‘There will be more drunks in & day than there are now in a week,” said be, and he meant it. Several of the smaller places have closed their front doors, but continued knocking and patient waiting will open the back door every .time, provided you're “all rignt.”” If you “are in company ‘With a policeman or a Ygquealer,” you might kuock till doomsday before you adwitted. At a certaiu joint, approached from the back way, you puil a bell cord, a bell is heard inside, and up above our Lead ten feeta head pobs out. If you 81 p" all right the latch is lifted, If not, in goes the head and you might as well wait for the last day as for the door to open, At another “joint'" a stick or chunk of coal thrown upon the ropf. informs the inmates that “‘one of the gang” desires admittance. After a short walt, if the coast 1s clear, he is admitted, Leta strabger or a policeman rap on that same door fiye ininutes after, and he may rap tll his knuckles are sore, but it never opens, Mayor Taylor has publicly sworn eternal vengeance upon all lquor dealers, The common council has _passed rigid ordinances aganst them, declaring all houses disorderly where liquor selliug, gaming and other vices are permitted, aud imposiug $100 fine on keepers of disorderly houses. Still barrel after barrel of whisky and case upon case of beer are shipped in here weekly both by freight and express, and are hauled by reg- ular teamsters to these joints in the broad open light of the day, = Orders for stock are sent by mail and telggraph, and empty bot- tles returned in barrels and cases in the usual way. Several casesof becr are kept boside a stove in some places during cold weather. “Give me ten minutes' notice," said a aive. koeper, “and I will defy mortal man to find a drop of hquor on the premises.” I found some on the premises, I take notice, yet the authorities have uot yet proved themselves equal to the task, nor exerted themselves in any extraordinary manne; ‘The fact is, there is no desire to close the “joints” so long as they are conducted quietly and peacefully, and the feeling is general. The police are not prone to mwake arrests or search the “‘dives'’ unless it 1s pos- itively necessury to preserve their €ood rec- ord and the impression that they are doiug their whbole duty. I bave talked with many, and I have yot to hear it presumed that the prohibition law will ever be other thao a dead-lotter” in Creston. I dare say only a few oxpect it to be anything else, while the mafority claim it an impossibllity. “‘Before the ‘pirate ship Prubibition’ en- tored our port,” said an old, gray-headed citizen, ‘‘Creston was a boomiug city. To-day she is dull, weak and featurel —not the shadow of her former self. Rid her of this scourge, prohibition, and ere the year has passed she will resume her old-time vi a large degree, and eventually be the leading y of southwestern Iowa.” His words were but the echo of the voice of the majority. — Poars' is the purestand best soap ever made. - In Social Session. The headquarters of the Elks were alive with youth and beauty last night, the event being the social session for the lady fricnds of the Elks. The affair proved a great suc- cess. Nearly all the gentlemen appeared in full evening drgss and the ladies were re- splendent in handsome toilets. Mr. Gregory presided as master of ceremonies in his usual bappy manner. The following musical programme was presented : Selection Song “Soft Cont; Piano Song. Mandolin Club . Madrigal Club of Bve.” Miss Pennell Prof. Butler fadrigal Club 15 the Shade Bass Solo Song 3 Soprano Solo Song Mrs, J. 3 ... Madri My Lady 1s So Wondrous Fai This was followed by an elegant luncheon and dancing, which continued until a late hour, Look at This, All kinds of merchandise and per- sonal property wanted in exchange for improved furms and wild land. Foreign Emigration Co., r 2 & 3 1502 Farnam st. B s ‘Wants New Stock. “I am going o have no Indian chestnuts in my Wild West show this scason,” re- marked Buffalo Bill last night. For the past few days Mr, Cody has been in the and to-day he and a purty of friends will go to Pine Ridgo agency to make 8 “treaty” with the Indiuns. He will make arrangeinents to secure about one hundred and fifty of the red-skins to accompany him on his Parisian trip next summer, “The reason I wanta new set of Indians,” said he, “is that the ones who have hereto- fore been with me can now spaak a little En- glish, and they have grown too gay. After a season or two of trainiug they don't make much of a Wild West show. They get too cunning and know too much about’ clviliza- tion for a prairie life to be presented in a city, I will start on my European trip with a lot of the genuino wild savages this sca- 80p,"" ~ A Word About Catarrh, “It is the mucous membrane, that wonderful sem|-l envelope surrounding the dellcate tis- sues of the alr and food pussages, that Caiarrh makes its stronghold, Onee establishea, it eats into the very vitala, and renders life but a long drawn breath of misery and disease, dulling the sense of Learing, trammeliug the power of #peech, destroying the faculty of suiell, taint- ing the' breath, and killing the refined pleasures of taste, [Insidlously, by creeping ou from a simple cold in tue head, It assaults the mem- branous lining and envélopes the bones, eating through the delicate coats and causing iutlam- mation, sloughing and death. Nothiug short of total eradication will secure health to the patient, and alleviatives are simply procrastin. atod sulferiugs, leading to a fatal termination, Sanroro's Ravican Cuge, by Inhalation and by Internal administration, has never failed; even when the disease has made frightful in: roads on delicate constitutions, hearing, smell and taste have heen recovered, and the diseaso thoroughly driv ut.” BANFORD'S RADICAL CURE consists of one bot- tle of the RA) AL CURE,0ne hox Of OATARKHAL BOLYENT, and ono IMPROVED INHAL TEI DRUG AND CHEMICAL C0., BOSTON. EVERY MUSCLE ACHES.‘ Sharp Acnes, Dull Pafns, Strains and Weakuess, RELIETED [N ONE MINe urE by the CUIA ANTIPAIN PLASTER. A perfect antidote to pain, infariation, and Weakness. Tue first and only palukilllng Plastor. Instantaneous, (ufal: lible, sufe. Acknowledged by aruggisis and Rhyslcans ioho the beit”yet proparad. At all ruggists. % cents: tive for §1.u): or, postage froe, of POTTER DRUG AND CHEMICAL U0, Boston, Mass Out of Town Visitors, Deputy United States Marshal Hepfinger arrived in the city yesterday afternoon with J. L. Munford whom he had arrested in the northwestern part of the state for cutting government timbar. Munford was placed in the county jail. The deputy also arrested at Nebraska City Thomas F. Bueter, who was one of the clec- tion clerks of the First ward_indicted by the United States graud jury, Bueter when he ascertained that he was indicted decampoed for Nebraska City. He will be given a trial in May with the others who were indicted. For a disordered liver try Beecham's Pills, e S e A Basement Blaze. A fire was discovered in the basement of Max Meyer's residence, at the corner of Twenty-fourth and Harnoy streots, yester- day afternoon at5o'clock. Some kind ling wood had iznited, which caused a little blaze. An alarm of fire was sent in, but before the department arrived the fire was extinguished. Boomers Back at Oklahoma. St. Lous, Jan. 30.—The latest reports from the Indian territory are that the United States soldiers who were recently stationed at Oklahoma city have returned to Kort Sil1, and that some fifty families of *‘boomers" bave crossed the Canadian river and entered Ollahoma, und othors are following. s Chamber of Co merce Dedicated. CiNciNNATy, Jan, 80.—Tho dedicatory cere- monies of the new chamberof commerca building were observed to-day. The core- monies were vory simple. ‘Tho festivitios closed with a banquot to-night. Se sy A Smoke Consumer, Gas Inspector Gilbert has applied for a patent on & third additional improvement on his smoke consuming furnace. In the mean- time ho has sold the state right of the inven- tion for Missouri to the St. Louis Fuel Econ mizer company, of St. Louis, with offices at 918 Pine street. MUSTANG LINIMENT Thus the “ Mustang” conquers pain, Makes MAN or BEAST well again! "DR. HORNE'S Electro-Magnetic Belts ! The Grandest Triumph of Electric Science—Sci- Bost Rclentific IT WILL CURE YOU araiyain Nowrulgia Bclatica Diseascs o Potency: Catarrb. lise ol oy Dyints A, TesTiMoniaLs i Post o M D, B A metle fiell: ‘rusa, combl aatesd ibo ‘ouly 0o i the world generatis wcontinuo rrent. tifle. Fowerful, i T B Fow i e llll'lll)l('ll.—Ar-{ bank, comme: wholssaln house in (hicago; wholess! Fraacisco and Chicago. Kiectrie & Magnefle L "Clodirtacs the bicod )V'HEN L :, s v/ g 1 60 dayy l '8 BLECTRO-NAG s & i i, VA L 4vel \.abm: 000 e entifically Made and Practically Applied. eyl DISEASE CURED WITHOUT i NOTE the iL9: w Y on NERVOUS PEOP PR, KX oo ‘stacap o Lilus Hous DR. W. J. HORNE, Invniov, 191 Wabash Avenue clc 2O, et