Omaha Daily Bee Newspaper, February 22, 1889, Page 5

LINCOLY NEWS AND NOTES. The Bnn-l‘ofvi!‘\;'r Muddle Ven- tilated in Court. A CASE OF UNUSUAL INTEREST, Decision in the Suit of John Fitz. gerald Against the Missouri Pa- cific Raliroad — General and Personal LINCOLY BUREAT oF TiE OMAnA Ben, 1020 P Stneet, LaNcoLs Potvin-Burr rack Feb, ti4 in C there n The Barr Iast, and wha have been-on the part of Fabian S, P Lionel C. Burr and Samuel M. M fraud John K. Barr will ¢ in the course of time. grous of this unfortunate muddie dates back to a judgment in favor of the Quincy National sccured in the fall of 1557, against John K. Barr, Ephraim Myers and Fabian 8. Potvin for the sum of “This was brought on a pr note given to the German National bank, of this city, by Barr and endorsed by Potvin the latter gentleman having the judgment to pay. Matters went the even tenor of their way until last Saturday, when Mr. Potvin and Lis counsel, Mr. Burr, securcd posses sion of certain securities on a piece of Kan sas land, valued at £1.500, of Burr's attorney, Martin L. Fasterday, under pretense, as alleged, of relinquishing the Judgment of $2,%00.80 for the mortezage of §1,500 on the Kansas land, While this examination was in progress, and the securities in the hands Ir. Burr, in steps Steriff Melick, who cd upon them under an order of execu tion. Barr therc allerres connivance and fraud on the part of these gentiemen o aid Potvin in cheating him when, in fact, no order of assignucut had ever been gven him by the Quincy bank, and that Potvin had not paid oft the judgment or note, and there foro had no right to even negotiate settle- ment upon the same. The case will be of universal interest, owing to the promincnce of the parties intérested and the peculiar methods employed to accomplish the end Barr had Potvin on the anxious seat by fail ng to pay off the note, and Potvin has Barr on the anxious seat by hav possession of securities that will quite indemnify him To-day Judge Field and a jury commenced the trial of a cause, F. M. Bookwalter, of Ohio, vs James I, Lansing. The action 1s to recover £100, on four lots i Lincoln, which did belong to the plaintiff, but which ‘the de fendant had sold for him. The allegation was that defendant had not advised plaintift that he could get £4,000 for the lots, aud so plaintiff satisticd the sale ut #,600. The de Tendunt's casc appears Lo be that ke was not in the essential respects the ageat of the plaintiff; that he sold these lots properly and in_a business-like way, and that the Plaintiff is not cntitled to recover. Judge Field this morning rendered his de sion in the suit of John Fitzgerald vs the Id & Mallory construction company and the Missouri Pacific railway company. The decision was only on an ap- tion to remove this cause, in which large ests are involved, from the district court ter county'to the federal court; and the judge denied the apptication, retain: Ing the cause for trial in the state courts. The judge stated the reason for his decision as follows The application for removal was on two grounds -first, because a federal question was said to be involved; and, sec- ond, becauso of diver: the 'parties. On the first matter it wi leged that the rignt of way of the rc not been taken under the statute, put by condemnation the laws of [Kansas. He, however, could not see that any con- troversy arose here. It was said that under the circumstances the construction of the federal statute would have to be an_incident in the trial; but plaintiffs and defendants agrecd as 10 its_construction, sud plaintiffs alleged their willingness to pay all of the ex- penses connceted with the right-of-way, not relying upon the condemnation under the Kansas law. As to the citizenship, the court held that the defendant railway company s a citizen of Nebraska, and 80 is John Fitz gorald, These are the parties really m con- troversy, the accounting asked for i this cause boing with the railway company, and 20t with the Fitzzerald & Mallory construc- tion company. question of " citizenship he did not, therefore, thunk arose and 8o re- tained the cause in the district court. 1t will be remembered that this case involves mearly or quite $1,500,000 worth of property. ‘The supposi- tion is strong that the case will be taken into the foderal courts regardloss of the decis- jon, and if 80 the sublime spectacle may be witnessod of seeing the same case on trial in the state and federal courts. That is, the de- fendant railway company has the power so 0 proceed. The Paden vs Paden divorce case drags y length along. But it affords Judge Broady u world of amusement, and there is no danger of ennui on his part, or that of the spectators. This case is decidedly the raci- est that ever found its way into the district court of Lancaster county, LANDLOID AND TENANT IN COURT. William Williams, charged with grand 1 cony by Henry La French, was wiven a pre- ¢ examination before Judge Stewart this uftornoon, This case was brought from West Oak precinct to the county court by consent of parties, Itscems that Willams s been farming a piece of land owned by the complaining witness, and that they bhave been warring for several weeks past over rentals, whtek flually culminated “ine formal complaint be- fore i justice of the peace on the charge as stated, Mr. La Prench alleging that Williams had stolen corn from him_at divers times, amounting in value to §0.35, some of whicli he marketed at Valparaiso, Saunders county, pocketed the proceeds and failed and ve- fused to account for the same. Williams, when arraigned, plead not guilty to the charge, The case atiracts the attention of the entire neighborhood, and the array of witnesses for and against is quite large. Williams' friends say that the complaint is nothing more than malicious persccution, while the other side says that Williams is undoubtedly guilty, as charged. TUE SUPREME (OU (preme court spent the day in the ation of causes submitted. ~Adjourn ment was taken this evening until Tuesday morning at 9 o'clock. The following de- clsions were tanded down Union Pacific Railway company vs, rror from the district court of Douglas gounty aftirnied. Opinion by Mr. Chief jus- fice Reese. 1. As u general rule railroad companies are pound to keep in & safe condition all portious of their piatforms and approuches thereto, to which the public do, or would naturally sort, and all portions of their station grounds reasonably near to the platforms,where pas- sengers taking passage on their cars would naturally or ordinarily be likely to go, 2, Where a railroad company constructed its platform for the accommodation of pas- sengers getting on and off its cars betweon a side track, and the main line track, the dis- tance between the two tracks being about six feet, and where a passenger approaching the traih for the puriose of takiug passago sought to enter the train from the platform of the rear car, and upon approaching the door found that that portion of tho car into which the door opened was set upart exclu- sively for baggage and then sought to leave the and enter m passenger car, by stepping upon and passing ulong the platform betwoen the two tracks to the pass senger car, but finding the platform erowded with other passengers he sought to pass through and around the company of passen gers, but in doing 80 was struck by o passing train, wmoving at a Fapid rate of spoed, it wus held the question of his want of care was properly submitted to the Jury, und that his conduct was not such as would require the court to declare it negligence. 8. Au instruction that a railroad company owes a much higher degreo of care to pas- sengors than it does to the public generally, golug upon its tracks at public crossing taken i connection with the other instruc: tions given to the jury, held to be cotrect, 4. Whore a railroad ' compauy receivos its passengers from & space beiween parallol tracks, it is bound to provide such safeguards as will protect such passengers in the exer- cise of ordinary care, from injury from pass- ing trains. And if it fail to do this, whether its negligence cousists in its failure to pro- videa proper platform, or to notify ngors ‘who have goue between on its tracks Lo euter ver of criminalit lick to de me to the surface Tt scems that the bank, 2,800,580, ction issory fully or federal under train on a teack its cars, of the approach of ¢ which ita parailel and near ‘to that passenger train is standing, and an n jury resuits from » to one of the passengers who is anter its car and without negligence on the part of such passenger, the railroad company will be liable for the damage resulting from such in Hwry va, Shaffer. rt of Lancaster county Mr. Justice Maxw: rry vs. Gross. Error from the art of Butler AMrmed Justice Maxwel dlin vs. City of Omaba. Appeal from listrict court of Douglas county Re vorsed and manded. Opiaion by Mr. Justice Maxwell 1 ‘‘Anact o incorporate cities of the oMes and rogulating their duties, p ymont, approved March 1, 1391 izos the mayor and council 10’ lovy lect special taxes and assessments upon Iots and pieces of ground adjncent to abutting upon the street, avenue, * thus in whole or in part graded,” ete. Held, that where a petition for an injunction denied that there was ‘‘any st aid out by said city, or any grading done by or in pursua any grad whatever, and that the lots of smd plaintiff hereinvefc 1 were neither ac to nor abutting upon the strees gra which denials for the pur pose of the action were admitted by the de- murrer to be true, the petition states a course 2. While may Error from the district Aftirmed. Opinion district Opinion and the legislature by general law, a taxpayer where a tax is levied of inw and the Are mere errors larities in the proceedings, to pay such tax under protest and recover the samo back in an action at law, yet this will not ap PIy to a tax which is absolutely void A court of equity will not enjoin tion of a tax for more errors or s in the proceedings of tho taxin cers, the remedy at law being ample cases, but where a tax is void, such taxpay may, if not guilty of laches, invoke the aid of siich court to protect his Hights 4. Under the title of “an act to incorpora! cities of the first class and regulating the datics, powers and government,” a provision declaringz that “no court or judge shall grant any injunction to restrain the levy, enforee ment or collection of any special tax or as- sesament or any part thereof made or con- templated being made to.pay the cost of any improvement,” cte., is not within the title of o act, and is void. Holmbery vs Hauck, iton'vs City of Omaha. Apneal from strict court of Douglas county. Ko versed and remanded, Opinion by Mr. Jus- tice Maxwell CITY NEWS AND NOTES William I. Park wn employe at the hos pital for the insane, and Miss Aman were licensed to wed to-day by the county judge. This goes to prove that people out that way are not all crazy Governor Thayer appointed the following Nebraskans notaries public to-day, viz: fid- win W. Mocker, York, York county; 1L Davis, Wellfleet, Lincoln county Raper, Pawnee City, Pawnee county’; Honry B, Irwin, Omahn, Douglas county. Attorney Webster, of Omala, returned howe to-day, after a three duvs' visit in Lin- coln. His argument against the constitu- tionality of the submission bill is regarded by lawyers and jurists alike as exhaustive and complete. It was unquestionably the ar- gument of the occasion, and his brief is much sought after. el The Agonics of Lumbago. * W. S. Phillips, East River National Bank, ow Yorlk, writes : “It gives me great pleasure to add my tes- timony in favor of your valnable Plasters. Last October I had a very severe attack of Lumbago, and suffered untold agony; could not turn in bed or get in any position without assistance, and with pains almost unbear- able. The folks suggested ALLCOCK'S Pon- ovs PrastERs. AS s00n as possible I had one applied to the small of my back, and to my great surprise T experienced almost instant relief; T continued wearing it until entirely cured, and am happy to say that I have not bad the slightest symptoms of Lumbago since. Th#y are n wonderful and valuable Plaster for Lumbago, and I take much pleas- ure in recommending them.” - A BRILL AFFAIR Marriage of the Duke of Newcastle and Miss Candy. [Copyright 1359 by James Gordon Bs Loxpoy, Feb. 21.—[New Yol Cable—Special to Tie Bee.]—The church of All Saints, on M ot street, was crowded at the carly hour of 9 yesterday morning by a fashionable crowd to witness the marriage of the duke of Newcastle to Miss Candy, daughter of Captain Candy, formerly of the Ninth Hussars. The bishop of Lncoln officiated. Tne service was fully choral. The bride’s mother, Hon. Mrs Candy, was attired in o handsome palo mauve broche dress, trimmed with veivet of dark shade and old point d’Alencon lace, and wore a bonnet of a darker shado of velvet. Eight bridesmaids accompanied the bride to the chancel, namely, Lady Florence Pelham Clinton, sister of the bridegroom; the Misses Adeline Laster Kuye and Lois Lister Kaye, nieces of the bridegroom; Miss Ida Mary Rate, Miss Curtis, Lady Ileene Hast- ings and Lady Blanchas Conyngham, cous- ins of the bride; and Miss Rosamond Tuftin These young ladies were exquisitely gowned incream serge, trimmed with real cream astracan, with open jackets'crossed with sky blue surah silk, and festoons of cream lace fastencd with blue knots and bows. They also wore muffs cn suite suspended by white silic twisted cord ornamented with blue silk bows and posics of choice blooms. The bridesmaids also wore stylish white real as- tracan Spanish hats trimmed with white silk cord, knotted and laced across the front with a white wing and plume. The bridegroom was accompanied by his brother, Lord Francis Pelham Clinton Hope, which latter surname he recently assumed, who performed the duties of groomsman, Among the numerous guests present at tho ceremony were: Lady Mellor, Mr, Edgar Sebright, Lady Beatrice, Lester Kaye, Mar- quis of Ormonde, Lady Power, Judge Francis Bacon, Mr. Hope, Lord Cheylesmore, Hon, “raucis Baton, Lord and Lady George Pratt, Madame D'Arcos, Mr. and Mrs. Ricardo, Lord Saville, Sir Alfred and Lady Slade, Hon. Fitzroy and Mrs, Stewart, Mr, and Lady Margaret Lovett, Mr. William Gillc Mrs, Beresford Hope, Mr. and Mrs. Oscar Wilde, Lord Houpeton, Countess of Wilton, Major and Mrs. Walpole, Dutchess of New- castle, Lord James Douglass, Lady Frances and Miss Gordon, How. Helen Hennive Lady Ida Stillwell,Rev. H. A. Dougias Ham- ilton, Miss K. Douglas Hamilton, Mr. and Mrs, W. Candy, Misses Loslie, Mrs, Caven- dish Beotwick, and others. After the cebemony the duke and duchess left for Paris. ‘Il bride's traveling dress was blue cloth trimmed with black fur. Sl Ontarlo's Bishop Married, (Copyright 1859 by James Gordon Bennett,] Panis, Feb. 21.—(New York Herald Cable special to Tue Bee.|—Dr. Tarver Lewis, bishop of Ontario, was married yesterday at the British cmbassy to Miss Ada Leigh,who has founded in this city the British Fre Episcopal church, British orphanage and homes for British governnesses and others. The embassy ball room was used on the oc casion as & chapel, and Lady Lytou and her daughters showed the esteem in which they hold the bride by attending the wed- dig. A feature very unusual ata bishop's wedding was the bride's cor- tege, which consisted of the children of her orphanage old enough to attend. The little girls wero dressed in dark blue cloth frocks, mantles and hoods, and they had posies iu their breasts. When Miss Leigh entered they formed a procession aud followed behind Ler like bridesmmds. The bishop of Quebec officiated and. the: Hon. Heotor Fabra, the Cauadian commissioner here, and other Can- adians were present, Mrs. Lewis does not intend to neglect any of the iustitutions she has founded here and will come back to Paris every year to 500 after thom, THE OMAHA DAILY BEE: FRIDAY. MYERS. WANTS SHANE'S HEAD He Claims Daniel Has Been Derelict in His Duty. THE HOSPITAL WALLS OPEN The Architect Becomes Angry and Asks the County Commissioners to Request Mr. Shane to Ree sign, Ete, Ete Myers Wants a Head. Those who have been patiently watching and waiting for several days, rewars by the osion of & nthe board of cou mission were sudden ¢ con county bospital large might when the crs made sensation ors, wh nts, 1 right out at t as the c } promises some very new mmunity at r since last Monday and Architect M an in n of the structure, inunendoes, fons and bold threats have be und promiscuously. Webnesday Myers said to a BEe re porter Superintendent Shane and his Charles Ross, would Ve discharged and that he proposed to insist upon it. This morning the board was called together in extra session when Mr. Myers laid before them the following documents T'o the Honorable Board of County Com missioners —Gentlemen Permit me to call your attentivn to the fact that owing to the Unsafe marmer in_ which fmportant work of the Douglus county asylam is left and ex- posed, there is a lability of the destruction of portions of the building: and, believing that the sume has been tolerated o be left dungerous condition by those whose it has be to sec that y precaution is taken in the most carcful manner toprotect the county's interest and fare: and belieying also that the welfare and protection of the county property on U building und for my protection as the biteet, of said building, 1 do, in the dis charge of my duty, request that the superin- sndent and his assistant on said building be discharged, and ask that your board concur herewith, Very truly yours E. B Myens, For E. E. Mycrs & Son, arcliitects of Doug- las county asylum "hat its reading created some surprise can casily be imagined. Mr. Shano was present, and & madder man never left that room, Ho was asked 1 make a statenient butdeclined, saying: “Lamnot ma condition to say_anything now. Will see you and give my side of the story later.” As the gentleman said this, his face wa pale, his 1ips trembled and the boiling rag within danced and gleamed in his cyes. Mr. Myers was asked for a_more minute and detailed account of his grievance than is given in the petition, I can only sy in a_general he re plied, “that this man hus been doing every- thing in his power to_injure me. His work on the building and efforts to have the roof condemned show it and 1 do not propose to submit any longer. As the architect L have izht to demand his resignation. “According to Mr. Myers' statement, which he had veritied by $Dan_Condon, Mr, Kegan and others, Shane has been opposed to his securing scontracts for the plans of public build- ings in Douglis county. He has always claimed that the roof to this particu- lar siructure was not safe, that it was liable to fall atany time or blow off, conscquently the commissioners, workmen, and everybody were considerably” agitated over the affair. Last summer, it will be romembered that the board, Shane, Condon, Dennis Cunning- and Commissionors Mount _and e, visited Myers at Detroit, had_ex- re examine the plaus and give their Johu H. Wagner, of Chicago, called” into service, All sustamed Myers, and sa safo one. Condon as- serted yesterday that while enroute from Detroit” and Chicago, and after being de- feated in his cfforts, Shane said he would rosign. This he did later, but the resigna- tion was not accepted. Myers says that the superintendent has taken careful pains to send newspaper clip- pings, reflecting upon him to many points throughout the country where he is compet- ing for busiuess, solely to injure him Assertions arc freely made that Shane has left the roof in_such condition that a heavy wind_might easily wreck it. The examina- tion on Monday, says Mr. Meyers, “revealed tome as well as to the commissioners and others that the spaces between the tops of the walls and the roof shects, an opening one foot in width hus never been filled up with material as it should have peen. However the roof stays on, though all hands agree that by reason of this uncompleted work the building might have suffered greatly. It is given out further that the job is not an extra good one. The commissioners are non-commital hout the matter. Mr. O'Keeffe said yesterday that @ great deal of talk had been made about the work and now an np- portunity is offered to find out whether it hias been done according to contract. Myers' communication was referred to the committee of the whole, and all parties will be given o Cchan to heard. ~ Condon intimated, in made the bold statement that Shane's action all ulong has been based upon u_dosire upon his ist the Hall, Ketcham & Co. iron works, of Indianapolis, in securing favorable contracts, “The affair has created much excitement, in count o5 and it ma © some un- expected results, Myors shane have both got their fighting clothes on. At meeting of the commissioners yester- day afternoon Architect Meyers submitted a bill of $200 for expenscs of coming here from Detroit, It was referred to the committec on construction. There was also a_brief discussion about ceiling arches for nine rooms m the hospital. The plans and specifications were vague, and the commissioners were in doubt whether the urches should be of iron or of of brick. Architect Meyers intended that they should be of the ltter material. In order to settle the matter he appointed Henry Voss, a local architect, and the chair- man of the board of commissioncrs was in- structed to get_ono member of the firm of Mendelssohn, Lowric & Fisher, to act in conjunetion ‘with Voss. These two archi- tects will examine the plaus and go tof the hospital building to determine ~whether the arches are to be of bricl or of iron. s SR S 1S MARRIAGE A FAILURE? comr ners grave alleg floating mght N that assistant, opinions. was also these experts said the roof w it Scems to Have Been Such in Mrs, Eugene O'Neill's Case. A racy divorce suit, O'Neill against O'Neill, is attracting Judge Wakeley's atten- tion, with Judge Doane as an intercsted spectator. The parties are wrinkled and old people. Isavella O'Neill, accuses her hus- band, Eugene O'Neill, of treatment that drove her from him, For twenty-six years they hved together in harmony and happi- ness. Finally the old man brought a pretty niece to live with them, and from that day trouble reigned. The testimony of the old lady shows that she entertained great jealousy of Mary James, the protty girl at the bottom of the trouble. She alleges that ber husband attempted to seduce the young woman on promises of silks and satins; she had wmany times sat on her porch rock- ing, crying, moaning and often saying that she was afraid the old man would beat her. A young fireman from No. 1 engine house, which 15 located opposite the O*Neill residence, testified that he had often seen the poor wowan cryiig; had seen her repeatedly cooking her breakfust out in the yard, and many an evening while she sat on her porch Le hid seen the gay but aged husband put this pretty niece in the buggy and go off rid- ing, sometimes as late as 11 0'clock at night The charge of abuse from both Ler husband and the girl, is made by Mrs, O'Neill. On the other hand it was shown that the latter had driven the pretiy niege out of her house, and that she deliberately left hor husband. They bad quarreled often but no violence was ever used. James Thowas, the young man on trial be- fore Judge Groff for burglary, came into courc lookin Ilrlghl] with his faco cleanly shaver Evidently James' career has not been a successful one. In this case he is ac- cused of having broken into a bara beionging to Jacob Mumaugh on the night of Decem- ber 1, last year. In this baru was stored a trunk containing clothing. It was rifled of its contents, The iuformation states the clothes were found in Thomas' possession. The totning after the fobbery = Mr Mumaugh found the trunk at the rear of the barn in o mutilated condition, The prisoner's attor- informed the jury that hoe set up a gon 1 denial to all theso charges, and would how that the goods referred to came into Thomas' possession honestly, Mumaugh was the first witness. During the recital of his story ho spoke of having secn two of the stolen shirts on “‘on that man" (looking to ward the prisoner), when he was arre and taken to the polite station. On strength of this reference honor im proved the opportunity to play s joke on the reporters, Looking hard at them he asked the witness to pointout which man ho meant In the trial of (this case the court, jury, and everybody else had A very difficult time hearing what the defense had to say. The prisoner's law ver persisted in talking so low that ne could 10t ve lieard a distance of five fect, The judge repeatedly ordered him to speak up and finally becoming impatient made him stund back thirty fee from the witness The jury returned a verdict of guilty with out leaving their seats, The case of Mrs, Katherine McKenna inst Charles Stortz, was on trial before Judize Hopewell. Sho seeks to recover dati ages from him by reasonof the failure of her husband to support her, this failure being rought about by the sale to him of iutox cating liquors by defendent, and against her remonstrance. ~ Considerable difficulty was encountered in securing & satisfactory jury Judge Doane had no cases ready for trial To-dny being a legal holiday there will not be any court. The case of Charles A. Fishagainst Peycke Bros,, a suit brought in the county court to recovor §740 o a bill of merchandise, was appealed to the district court yesterday, In the lower court a judgment in favor of the plaintiff was rendered Andrew C. Larsen sued N, A. Christiansen for §00 dumages on account of refusing to comply with a contract to sell him_four fect of ground near his residence on Nineteenth street, where he was building an - addition to his house. George Thurston filed a petition in error in his case against James Douglas, which was tried in Justice Holmos' court. Ho asked that judgment be reversed as to the item of costs of certain property, and that the justice be required to tax the costs against the de fendant Charles A. Blomberg, Charles F. Seagren aud John A. Melquist, trustees of the Swedish Evangelical mission congregation, filed & petition against the heirs at law of the estate of Mary A. Dew, deceased, to compel them to change a deed to a lot for which the congregation paid §,325. The deed was exe cuted by the defendants' parents to the trustees of the mission church by mistake, whereas it should have been to the mission congreeation, A petition in equity was filed by R. W. Clayton against Joseph R. Barnsdull on a mechanic's lien, claiming that 81,741 is balance due Nels O, Brown, & contractor, for the construction of three Houses for the de fendant. The lien was purchased by Clay ton, who now asks that the property be sold to satisfy the claim. County Court, Peter M. Bock commenced suit yesterday in the county court against Olof Olson and his wife to recover $300 on a promussory note. John Reed was appointed admimstrator of the estate of Charles Pontey, deceased. Blake, Bruce & Co. stituted action against H. K. Hendee, F. J. Hotchkiss and Mrs. J. Bishop, claiming that'the defendants are indebted 0 the firm in the amount of $200, on a quantity of drugs sold. “The Bishop & Wheeler Loan company sued Thomas Burrell and James A. Brown for $250 on & matured promissory note. Stephen Hamilton “& Co. filed a Dbill against James M. Miller for $373.19, claiming that this amount is due on meats soid. el e Idleness is a Dangerou sFault 1n the kidne, When inactive they speedily fall into disrepair. Those obstinate and fatal maladies, Bright’s discase and diabetes, ensue with terrible certainty upon the inac: tion of the organs affected.” Catarrh of the bladder, enuresis, gravel and stangury are also to be apprehénded from a partial par- alysis of the bladder, of which weakness and sluggishuess are the causes. Hostetter's Stomach Bitters is a fine tonic and promoter of activity for the remal organs, und one which can be relied upon to afford them the requisite stimulus without exciting them—an effect t be feared from the unmedicated, al- cololic exitant of commerce. A further bon- eficent effect of the Bitters, by renewing ac- tivity of the kidneys, is to enable them to drain from the blood in 1ts passage through them, impuritics productive of rhoumatism and dropsy. Nervousness, fever and ague, constipatlon and dyspepsia are conquered by the Bitters. e Kansas Coal Ratos, TorrkA, Feb. 2l.—[Special Telegram to Tue Bee.|—The Kansas board of railway commissioners held a meeting yesterday for the purpose of taking into consideration tho question of a reduction of coal rates charged Dy the railroads within the state of Kansas, in compliance with the instructions contained in a concurrent resolution of the legislature, and also to hear the complamt of the coal mine operators of Kansas, that a discrimina- tion is practiced against their coal. All the railroads of the state are represented. The coal operators claimed that rates on coal in Kahsas are from 80 to 50 per cent higher than in Illinois, Missouri and Towa, and that = such low rates bad ' been given to Jows, Missouri and Colorado coal companies tha they were enabled to come into Kansas and take the business, This, they claimed, was ruining the business of tho Kansas_mine op- erators, and they ask the railroad commis- sioners to come to their reliof. The rail- roads admitted that the rates in Kunsas were higher, but said it was necessury to give the outside companics lower rates or they would be shut out of the state. After a general discussion of the question invoived it was decided to bold an adjourned meeting at Leavenworth, March 5, at which tine the board will submit to the vavius raiiroad companies a revised coal tariff which will re- duce coal rates about 25 por ceut. —— We accidentally overheard the follow- ing dialogue on the strect yestorday Jones—Smith, why don’t you stop that disgusting hawking and spitting? Smith—How can I? You know I a martyr to catarrh. J.—Doas L did. T had the disease in its worst form but [ am well now. —What did you do for it? J.—lused Dr. Sage’s Catarrh Remedy. It cured me and 1t will cure you, .—I've heard of it, and by Jove I'll try it J.—Doso. You'll find drug stores in town. —————— Advices from Zanzibar, ZANzinaw, Feb, 21 ~The sultan has forbid- den the import and export trade in arms and ammuanition in Zanzibar and Pemba, The Rritish consul here has enjoined Britisn sub- jects, under pain of heavy penalty, to obey the sultan's orders, Tho German missionaries recently cap tured by the insurgents are still held prison- ers, . The advaunce party of Captain Wissmann's expedition has arrived at Zanzibal An Absolute Cure. The AORIGINAL BIETINE OINT- MENT s only put up in'targe two ounce tin boxes, and is an absolute curc for old sores, burns, wounds and chapped hands, and all skin eruptions. Will positively cure all Kinds of piles. Ask for the ORIGINAL AR IETINE OINTMENT, Sold by Goodman Drug Co., at 25 cents per box—by mail 50 cents. am it at all the —~—— Keuna Elected at Last. CuarLestoN, W, Va, Feb. 21.—There were two ballots taken to-day and on the secoud ballot Dorr and Harr came over to Kenna and elected him by a strict party vote. There was great applause when Kenoa was declared elected, e W. V. Lucas,ex-state auditor of Towa, says: “I have us Chamberlain’s Cough Remedy in my family, and have no hesitation In saying it isan excellent remedy, I believe it is all that is claimed for it. Persons aflicted by a cough, will find it a friend.” For sale by all druggists at 60 cents per bottle, FEBRUARY [ SPECIAL 22 RATES N0 MORE. Theatrical Companies Will Have to Pay Full Fare. HOME MANUFACTURES AGAIN. Managers Planning For Faster Ser- vice Between This Point and the Rocky Mountain Region General and Personal, No Favors Shown, It is repoeted that the managers of the leading theatrical companies will meet in Chicago about March 1 and consider the matter of special passenger rates for atrical t Ata meeting of the the various the- pres sads, held in New York January 1, 1t decided to mmaugurate uniform rates to apply on all passe traftic. In view of this, the Western States ation adopted a uniform abolishing any proviso specinl 1 for theatrical companies, any other class of individ s, that ex isted prior to this agreement. Formerly, where competition was rife, the theatrical companios were often given' special ratos, and, aside from this, their baggage scetiery were conveyed in baggage cars wil out additional expense, A new arr: has been entered into whereby the cal companies, or any other coterie of indi viduals can have a baggage car placed at their service at 23 cents por mile, regardless of the quantity of material carried, the rate regulated in car load lots. ~ As regards t that in case special inducements not given theatrical troope the mana. gers of the same b its meoting, in Chicago, to be held March 1, would decidenot to bring their companios west of Chicago an - ofticial said “That is all bosh, The new arrange mont may stop some of the inferior troops from coming here, and, if such be the case, the theatre-going public of Omaha and else where will be benefittea. Good legitimate opera companies will o here just the same. hazard our rates will be main tained, and will apply on the theatrical peo {»I.- the sawme as it does upon the general pub- ic. 1pes. was zor tos theatri Pacific Funding Bill, The recommitting of the Pacific funding bill tothe committee by the scnate has caused the prediction of its ultimate defeat by its supporters in Omaha ally by those among the Union Pacitic ofticials, Gen eral Manuger Kimball, when uasked what bearing the recommitment would have on pective improvements of the com , said: “It is a_scrious matter to the Union ~ Pacific and a great det rviment in tho bill having again been placed in the vaults of the committee. We anticipated that it might be passed but now there is no teilng what will result. As to the bearing which it will have on improvements by our company, 1 cannot It hope at least thatno serious set ic will follow, and that wemay beallowed on with ceftain improvements, such as feeders and the construction of additional branch _lines we had already decided upon. It may retard our progress somewhiat but I hope not to any great extent." nd espec Home Manufacture. The Union Pacific is considering the ad visability of reviving the manufacture of car wheels at this place. It was at one time con- ducted here on an extensive scale, but com- petition was strong in the east that the prices went down, enubling the Union Pacific to purchase wheels for even less money than it cost to manufacture here. In view of prices having been restored and available iron bemg within o radius of three hundre miles, has revived the subject of home manu facture. General Munager Kimball stated that nothing definite in this direction has, as yet, been reached, but that it vzas under con. Sidération. In case the company returns to its old system the former plant adjoining the shops will be used. A foundry for this pur- pose will also be constructed at Cheyenne, where the Union Pacific is about to con’ struct new shops. Their Own Oa C. B. Havens & Co., of this city, have pur- chased 250 freight cars from a Detroit manu- factory and will hereafter use their own cars in handling freight both in recewing and shipping. The cars are of the standard size, bemng thirty-four feot in length and have a capacity each of 50,000 pounds. It is stated that the object in purchasing the cars out- right is to have cars available atany time they are desired in_ shipping or hauling to this point. In using the cars the firm will pay the railroad company astipulated amount ver mile or on the standard of weight of freight, s the caso may be. A large num- ber of the cars will be received here in a fow days. Itis stated that an investment of this kind is a money-saving undertaking. Faster Servic A now time card will go into effect on the Union Pacific Sunday which will apply on No. 6, cast-bound between Denver and Chi- cago. At present the time of departure from Denver is 8:30 p. m., and under the new reg- ulation it will depart at 9:25 p. m., arriving in Omaha as before at 3:43 p. m., und Coun- cil Bluffs at 4:00 o'clock, reaching Chicago at 8:25a. m., instead of at 8:30, as before. This reduces the present time between Denver and Chicago one hour and twenty minutes. The change results in fifty-five minutes being saved by the train between Denver and Omaha and_twenty-five minutes between Ouwaha and Chicago. This was done in order to meet the time of tho Burlington flyer, and the schedule rate is “nearly thirty-two miles per hour between the above points. Will Not Sign. The blank refusal of President Fish, of the Illinois Central, to sign the president's agrocment is regarded by officials at this Point as suflicmut to upsct the combination, They state that for the reason that the Illi nois Central bas lines to Sioux City, St. Louis and Missouri river points in direct communication with Chicago, it must be a member to the agreement or the latter must be abandoned, Petition Filed. The Union Pacific railway company, through its attorney, filed o petition in the Qistrict court vesterday asking that the case of Michacl O'Brien against the campany bo removed to the United States cipeuit court. O'Bricn instituted the suit to recover §20,000 damages _for alleged personal injuries sus. tained. The railroad company wants 1o tako the cause to the cireuit court for tho reason that the sum amounts to more than §2,000. The Ice Crop, Since the time the ice season_opened up to yesterday the Union Pacific has conveyed from Cut-Off lake to various points 1,823 cars of crystal ice, making in all 01,250,000 pounds The demand at points south is still feverish, and it is thought that at best only about 65 per cent of the required demand can be sup- plied before & thuw sets in, Shops at Cheyenne. Jogue, chief engineer of the Union left Wednesday night for Cheyenne, where he will commence arranging the profiles for the new Union Pacific shops to be built at that place. The company will invest about $150,000 in the plant at that place, V.G, Pacific, Railroad Notes. The Burlington is shipping 150 car loads of ice per day for Swift & Co, to Si. Louis, The Atlantic expross, east-bound on the Union Pacific, was oue Lour late yesterday wornig, occasioned by a heavy train, Engine 779 of the Golden Gate_special on the Union Pacific west-bound, Wednesday gave out and resulted in a slight delay. H, 1. Mayne, chief train dispatcher of the Burlington, announces the arrival of a bouneing boy at his home on South Seventh streot. The Union Pacific recoived two new en- gines, 636 and 637, from the Khode Island manufactory yosterday. They arc of the stund- ard freight locomotive design, Flaginan William Coffey, who has swung | the dauger signal at the Teath streot cross- Ang of the Union Pacific for the past nine vears, has boen changed 1o Thirtécnth strect W. B. Whalen succends tim, The death of the mother of E. L, Lomax, assistant_ genor agent’ of the Union Pacific, occurrod at Keokuk, In., Tuesday, Mr. Lomax is in New York, and Juence J V. Scott, chief ¢ k of passenger department has gone to at funeral Juics . G. G. Dennis, lately 1 at the Wobster stroot to the position of r nger depart tof th horn & Missouri Valley headquarters enters upon his new duties at H. Kaisor, of Norfolk, succeeds ticket office. station on the Kansas division of the hias been changed to Monlo, so ) correspond with the postal name, , on tho Kansas division e Union , has been ¢ to business. This st order that has been issued by A sistant General Manager Dickinson under hiis new title. passenger assistant ticket depot, has bees te clork in th Fremont, Elk He My n the Dass once. him - NIPPOLYTE A SCHEMER, He Plays a Shrewd Trick on Legitime's New You Tik Bee rebellious Hayt end, Ministér 1 nave unearthed a new schome whereby Gen eral Hippolyte intends to Prosident Legitime's troasury pay the salaries of both loyal and insurgent tr The new and startling scheme, liko most of the rebol schemes, was hatehod in New York, Minis ter Presten says, Several weeks ago the Haytien ate received a letter from a well-known bank note company declining to malke a certain bateh of Haytion stock and paver currency. Minister Preston thought it queer the company should decline to do work he had never asked thom to do, and detec tives were sent 1o investigate. The detec tives say they have discovered a scheme with millions n it for Hipuolyte. Two agents of Hippolyte's in New Yori, they say, or dered nearly £4,000,000 in bank notes of va ous denominations, to be an_exact copy of Haytien bank notes,asserting that the money was 1o be made genuine as soon as it reached Hayti, According to Minister Preston, two larize bundles of crisy bills aro now on their way to General Hippolyte. They wery shipped on the steamer George Clyde, which sailed last Sal lay An examination of the Clyde's manifest developed the fact that two boxes of lithographs were among the urticles the Clyde took to Cape Haytien. ‘There was ulso §,600 in Mexican silver doliars, Advise to Mothers Mrs. Winslow's Soothing Syrup should al ways be used for children teething. It soothes the child, softens the gums, allays all pain, cures wind colic, and is the ' best remedy for diarrhaca, 25 conts a bottle, Special Telogram to with without Loegit troubles parently aro an ston's s suy they make s, National Capital Notoes. WasmiNgroy, Feb. —Senator-clect Moody of South Dakota says President Cloveland will probably attach his signaturo to the omnibus territorial statehood bill to- morrow, in recognition of Washington's birthday. Information reccived here to-day from Tn dianapolis, and from a source thoroughly reliable, malkes it entirely safe to say that Representative Thomas of Illinois” wiil notbe a member of President Harrison’s cabinet, There will be ademocratic to-night to agree upon th respect to revenue reduction. The republican scnatorial to take up the resolution offered by the com- mittce on privileges and elections, and pro- viding for an investigation of the clections in the south after the civil sundry uppropria- tion bill has been disposed of aad press it to a vote, house caucus Line of policy m icus decided SRS For beauty, for comfort, for improve- ment of the complexion, use only Poz- zoni’s Poweder; there i3 nothing” caual toit ¢ Charged With Being a Boodler. rexa, Kan,, Fob. 21.—|Special Telegram to Tne: Bex. | —Sheriff Huffman, of Hamilton county, arrested ox-Mayor C. vey, of Coolidge, at Iansa He is charged with being a boodler to the extent of from £16,000 to $15,000, while he was mayor of that city. Some time ago the city of Cool- idge voted bonds to pay off certain indebted ness. The election did_mot specify the amonnt to be used. Kx-Mayor Covey and his council are charged with'the issuance of §13,000 more of bouds than was necessary, and also with pocketing them. Warrauts are out for the other members of the council. ——— If you need a perfeet tonic or a blood purifier, take Dr. Jones’ Red Clover “Tonie. Tt speedily cures all troubles of the stomach,kidncys and liver. Can be taken by the most delicate. Price 50 cents. Goodman Drug Co. A New Transcontinental Line. SaLT Lake Crry, Feb, 21. gram to Tne Bre]—A mass meecting was held at the Grand opera house last night for the purpose of raising funds to build a line of railroad from Salt Lake to Los Angoles, Cal. The meeting was largely attended, aud after the proposition had been enthusiastic ally discussed nearly §200,000 was subscribed to carry forward thie euterprise. The road will be backed by heavy capitalists and there is now no doubt but that it will be built, and sweet hiloh's Catarrh Nasal In- Goodman Catarrh cured, breath secured by Remedy, Price 50 conts. jector free. For sale by PR Refuscs the State Deposits, JevrersoN City, Mo, Feo. 21.—[Special Tolegram to Tur Ber.) ~The National Bank of Commerce hasinformed Go nor Francis of its refusal to accept the state depos its bid made last weck and accepted by the fund committee. Tho reason of the bank's refusal to complete 1ts contract with the state is said to be that it discovered that it could not make an_arrangement that would lfl::lsulm[ucwl‘,\' to itself with the state on its d. Posegate Defeated. St. Josern, Mo, Ieb, 2L —[Sp ecial Tele- gram to Tnr Bee|--The oflicial returns from the Fourth congressional district gives Wilson, of Piatte, a plurality of over Posegate, republican, for the first congress and Charles I, Booher a ¥ of Ui over Pose; iftioth congress. T e Cease your coughing and enjoy refreshing slumber, which Dr. Bull's Cough Syrap will iusure you. “‘Are you going to the racés?” *Yos, and bet on the winning hors ot _the Hand some Abdullab, he is tame, Didn't you Jenow 7 “I'll whisper in your car, he'll win, ‘They're using Sulvation Oil." ot Lt Western Postal Ohanges. WasniNGTox, Feb. 21.—[Special Telegram to Tme Bee.]—John 5. Windsor has been appointed postmaster at Sartoria, Buffalo county, Nebz, vice Ernest H. Kretzschmar, resigned. A postoffice has been cstablished at Mount Claire, Nuckolls county, with John 1y as postmaster. The postofiice at Hazel Dell, Adams county, will be discontinued from Fobruary 2 becauso there is no candi- date. William T. Lundy has been appointed postuaster at_Duncombo, Webster county, ., vice J. J. Clausen, resigned. e Dr. J. H. McLean's Strengthening Cordial and Blood Purifier, by 1ts vital- izing properties. will brighten pale cheeks, und transform a pale haggard cispirited woman into onc of sparkling health and beauty. e Belioves in Bayard. Buuwry, Fob, 21.—The North German Ga zette (Lismarck's organ) reprints the report of the procoedings of the foreign commijtee of the United States senate in relation to Bismar Samoa. The Gazette espocially appreciates Senator Sherman's judicious and eircumspect ttitude, and declares that Seoretary Bayard, in no small degree, contributed L0 appenst the public by the statements in the inter- views published Awmerican uewspaper: CLEVELAND A SPIRITUALIST, Sensational Story Printed in a New York Papor. A MEDIUM GUIDES HIS COURSE, His Election as Sheriff. Mayor, Gove ernor and President Foretold by a Buffalo Female Familiar With Spooks, Directed by a Medium New Yok, Feb, 21 Special Telegram to Tue Bek|—A local paper charges that President Cleveland fc has boen & tunlist. The cla that while he was practicing b he was led spiritua and me a boeliove am that prodicted that at e would hold “a high ofcial po pleased to learn would b yoars s made in Buf law to begin a from au * inding ono investigation o s, tor lie bod ivest some tim sition, later from tho same source that b nominated aud olected sheriff. Tnis samo woman—for the moedium was a woman—sub. sequently predicted sction to the office of mayor of BufMalo, governor and then pres idont. Long before the last prediction was fulfilled, Cleveland, it is charged, was in tho habit of the woman privately upon all matters of importance. 1t is cluimed that she followed the president to Washing tonand that her advice was asked and ac cepted upon all matters of importance The charge is likowise made that Attor General Garland isalso a beliover in spirit ualism and the power of mediums, This is iven as the explanation of the elose personal relations that hiave always existed botween the two men. While Cleveland never at teided any public seances, the Buftalo wo wan, it is said, has been to the white house many times, and has invariably exercised a strong influcnco over the president’s con- duct The stor he was more than his ¢ consulting s printed is based upon inter- views with two or th uling spiritual ists,” whoso names are not given. Thoy unite 1 declaring Clevelana's belief in spir- itualism s a matter of somewhat common knowledgoe “believers, " both in Wash: ington and New York 1670 40 PER GENT SavinginGasBils| Guaranteed by using THE National Automatic Gas-Saving Gorernor, cures n stondy and uniform aegree of illu. ition, resulting from regular pressure and squent perfect combustion of e gases, insuring & pure and healthful atmosphere, and obviaiing the sooty deposits of unconsimed 1 upon rescoed walls, paintings and A1 the disagresable whistling, blowing Jkiug of burners, and avolds the fre- ¢ danecr and expense of brokeu globe overnor costs the consumer PRACTT- LL ' i, as the saving in gas bills ro full capacity of meter is wsed) will re- ertor i every threo or four month ud i Targo Duildinigs every Sixty days, thus returning FROM 20) to 60 PEI CEN'T. wnmual dividends on the investinent, OVER 10,000 MACHINES IN SERVICE. 1% NOTICE! =1 We will attach our Gas-Saving Machines 10 any meter upon the basis of one-half the value of monthly Savings. Practical tests made at our oflice. Public ine Agencies distributed in all efties, THE GAS SAVING GUARANTEE CO., Zo Corner 16th and Farnam Sts., OMAIA, NEB. Ask Your Retailer for the JAMES MEANS $4 SHOE o THE JAMES MEANS $3 SHOE., According to Yofir Needs, JAMES MEANS 84 STT¢ e NO* lfitEAK! 4 ing perfectly easy the first time 1t JAMES MEANS lutely tho un]i slioe of its price which., in which durability 18 considered before “hi ward J. MEANS & CO., Boston. Full lues of the above shoos for sale by Norris & Wilcox and Geo.S. Miller MARVELOUS _ MEMORY DISCOVERY. Only Genuine System of Memory Training, Four Books Learned in one reading. Mivd wandering cured. Every child and ndult greatly benefitted. reat iudusements to Correspondonce Class 4 poctus, wil pinions of Dr. W, tus wl\ll‘fll 0 Dr, fi' .ml, ) L{)"‘mh:ur:flillm Grrlitlan | roegary tho Koot T s |.,3(; fi.:‘m':.'fuflnu B Benjuuin and *Frof. As LOISEITE, 237 Finh Aven N. Y. DRUNKENNESS 0 wor Habit, Positively ¢ mintatorine o, aines o0 ‘Golden Speciiio. Itcanbe given ina cup of coffce or in artl- s of food, Without the knowledge of the pa- atiit I dbsoliely lupnioss, “wna will o foct i pegrunneit andspecdy cuté, wiotbr the pationt is a_moderat dvinker or an_ alcohol wieck, 1IUNEVER FAILS. Over (00,000 drunkis o pperate meh who pecific in thelr coffee withe ze. and today beliove thoy quit drinking of thela ownnccord. 45 page book of particulars froe. Kutn & (o, agents and Douglus st5, 18th and_Cuming’ streets, i, Neb: Council Bluils, Towa: Ajents, Al D). Foster & Biro. ir knowlodge, SANTAL-MIDY Atrests discharges from the urlnery or. £ans 1n elLhier sex L A8 hourn, It 13 superior to Copaiba, Clibebs, o sotionsi, and free frow all bad I} or ouer 1hiconvenlences. SANTAL-MIDY ', omtained black lettors,without which nove are! FOR MEATS, FISH, 80UPS, GRAVIES, Peerless Dyes #/': ['%, bist