Omaha Daily Bee Newspaper, February 28, 1889, Page 4

THE OMAHA DAILY BEE: THURSDAY. FEBRUARY 28. 1839, BEE. MORNING, Al 7 THE DAILY BLISHED EVERY SUBSCRIPTION. Pally (Morning Edition) including SUNDAY, 1ir, One Year ‘ For Six Months or Three Months ¢ Mok OMAHA SUNDAY Eiek, malled to any aridress, One Y ear, PO WerkLY Bie, One Year OMATA OFFICR, N A 916 FARNAM STREET CHICAGO OFFICE, B8 ROOKERY BUILDING NEW YOIK OFFICE W14 AND 15 TRIBUNR BUILDING, WAS) oN OF¥ICE, NO. 513 FOURTEENTH BTIE COnl ENCR All eommunieations reinting to news and edi. torial matter should 10 the EDITOR OF THE R : HUSINESS LETTERS, All business lettors and remittances should be addressed to Tie YSHING COMPANY, OMAUA, Draft 1 postoftice orders 1o bo made puyal lor of the company. Proprieters. ek Pt checks ¢ 1o the ke Bee Palishing Company, o ATER ROSE THE DAILY B Sworn Statement of Circulation. te of Nebraska, | County of Douglas, { Georgo b, Tzschuck, s Hshing conpany, does solemnly actual circulation of ' weck ending F Eunday, Feb. Monda Tuesdnv, Wednesd M F Eaturday, Feb retary of the lles Pub- wear that the 18914 K. Average........... . GEORGE B. T28CHU ore me and subscribed to in my presence this 234 day of February, A. . 1880, Seal, T N. P. VEIL, Notary Public. Btate of Nebraska, | County of Donglas, George B, Tzschuck, being duly sworn, de- oses and says that Le 18 secretary ol the Boe Pubilshing company, that the uciual average daily circulation of Tik DiiLy BER for the month of I 5,92 coplest for Mar April, 18,188 for Sworn to by 88, briiar 1885, coples; A June, 19;: coples; 190:8_‘coples: for August, tor September, 1888, 18,154 covles; 1888, 18,084 coples; for Novem- 56 coples: for December, 1888, 18,223 copies; for January, 189, 1074 coplés. GEOH $ B, TZSCHUCK. Sworn to before me and subscribed in my presence this 15th day of February, A. D. 18 N. P. FEIL Nofary Public, ONLY one member’s face was slapped in the Indiana legislature yesterday. It is not stated why the ion quict. for 898, o for 1848, THe despatc ith which the Omaha charter was disposed of in the house augurs well for its passage through the senate. CANNOT the gentlemen who want Omaha’s streets devoted to their poles and wires think of something else to ask for? JusT as soon as the amended charter becomes a law our city authorities ought to take steps toward acquiring at least one thousand acres of park ground. Iris reported that “‘Bill Jones the Avenger” is dead. As Guiteau, whom Bill shot at very wildly, is also dead, perhaps Bill could not do better for himself and his fellow meu T¥ the six hundred Towa farmers about to be evicted from the lands they have tilled are not engaged in cleaning up the old family shotguns, they taken peculiar view of the situation THERE are altogether too many five er cent a mbnth bankers and money lenders in the logislature to expect any relief from cut-throat note-shaving through stringent usury laws. WASHINGTON is said to be filling up with three kinds of people—excursion- ists, office-seckers and eral Harrison will be obliged to do some lively dodging to escape them all. IN 1718 decision upholding the sub- emission bill the supreme court has sen- tenced Congressman Connell to one term, and many aspiring republicans have been sentenced to pass their days in obscurity. Tue council has concluded not to submit paving contracts for the season until the merits of the brick paving block be investigated. There is little time to be lost, if the council is in ®uarnest about the matter. A RECENT prize fight at San Fran- clsco was quite disastrous in its result. One of the participants lost most of his teeth. It is plain that he can never alic again’ with sufficient Auency to be rated as a first-class pugilist. SoME of the councilmen are wonder- ously concerned for fear they may give & reporter some item of news. It is pleasant to see the gentlemen thus wrapping themselves in inposing aus- Reporters appreciate it j ust as they appreciate any other joke. NELSON, the forger just captured in this city, considered himself a great man until he read of Pigott’s achioye- ments. Then, it is said, he hung his head in shame. Compured with such a & plooded scoundrel ns Pigott, Nelson must recognize himself as a scrub. Morirz Wellman, of Minnesota, whose daughters, aged thirteen and fiftoen, eloped with two worthless young chaps, proved himself equal to the dual emorgeney, Ho gave chase, cuffed the daughters, and thrashed the would-be hushands until they howled aguin. —— GERMANY shows her faith in the child-like simplicity of the present ad- ministration by protesting her desive for peace, and at the snme time shipping . troops to Samoa. As Secretary Bayard will Boon be out of a job, circumstances auggest that he would make an excel- lont assistant matron at the creche. PeOPLE who visit Washington at this time must expect to be fleeced. The residents of the national capital who obtain a livelihood by preying upon the rest of their countrymen who g0 to that political mecca krow how to make the most of such an opportunity as the present, and from all aecounts they will be more merciless now than ever before in their exactions, SEmme—— Tne legislature may vouture to offer a ‘bonus for sugar beet raising,but when the « Grand Islanders want the state to build _ thirty cottages at the soldiers’ home to accommodate the families of veterans who have married their third or fourth wives, we doubt whether the venture will receive popular approval, THE IMMIGRATION BILL. And now it is proposed to appropriate fifty thousand dollars, and placé the fund at the disposal of a board of immi- gration, for advertising the resources of Nebraska, While every effort to at- e atteution to Nebraska, with a view to promoting the increase of our population,deservesencouragement, we do not believe a board of immigra- tion is ne ry or desirable, Nebras- ka's experiments with boards of immi- gration have yielded very small returns on the investment. Nine- tenths of the appropriations were squandored by the defunct board and its in ples trips to Europe and junkets through the east- or wtes. T'he expenso of bringing a new settler to Nei ka through that reney was, if anything. greater than the cost of killing an Indian inone of our early day Indian wars. Nebras should by all late Kansas, California and their effective and efforts to mnke their and resources known to people who desire to come west. But this can and should be done without a board of immigration or immigration agents. The best advertising Kansas has had for the last ten years has been through the reports and pamphlets pub- lished and circulated by the secre of the state board of iculture. These documents are compiled with great care and contain an exhaustive review of everything pertaining to the products and industrial activity of that state. If our legislature would place at the disposal of the governor or secretary of state ten thousand dollars annually for compiling, printing and cir- culating immigration literature, we will accomplish all that can be done by any board of immigration. A few lines in- serted in the advertising columns of the leading dailies and weeklies i the population centers of the country, to the effect that infor- mation concerning Nebraska can be had postage free by application to the governor or secretary of state would bring thousands of inquiries from peo- ple who desire to come west. To seat- ter documents broadcast, or expend large sums on traveling agents, would be simply a waste of money aud on 1m- position on the taxpayers. RAILROAD RETALIATION, Tt is is understood that the Towa rail- roads subject to the schedule of rates adopted by the railroad commission of that state are contemplating a policy of retaliation. It issaid they propose to cut down expenses by curtailing the service, doubtless expecting to thereby create a public clamor against the action of the commission. Such a policy was threatened while the auestion of the authority of the comm sion was under judicial con- sideration, and though there is no information of its having been yet put into practice anywhere, 1ts adoption would not be surprising. But might not such a policy prove to be a grave mistake, defeating its obvi- ously prime purpose of creating popular dissatisfaction with the commission. The railroads claim that the rates prescribed for them will not be com- pensatory. The only way to determine this, as was said by Judge Brewer, is by experiment, with existing condi- tions unimpaired. To reduce expenses by arbitrarily curtailing the service will not, prove the conten- tion of the railroads that they cannot profitably do business at the rates fixed by the commission, and unless this be true, the public, while it may be an- noyed and incommoded in consequence of curtailed facilities, will not be likely to antagonize the action of the commis- sion, The failure of the combined rail- roads of the country to render the inter-state commerce law obnoxious to to the people, by ndopting all sorts of methods for the annoyance and embar- rassment of the public, ought to instru ct tho managers of the Iowa railroads that a policy of this kind 1s not wise or profitable. Public interest and public sentiments everywhere are in favor of the railvonds receiving a fair and rea- sonable compensation for the services rendered, and if the Towa roads can show their inability todo business profit- ably at the rates preseribed by the com- without reducing expenses by curtailing the service, it is within the authority of the commission to advance the rates, and a popular demand would require it to doso. But such a result will not be accomplished by any arbi- trary policy. On the contrary such a policy would rather tend to solidify public opin- ion aguinst the claim of the rail- roads and induco it to insist more deter- minedly upon the requirements of the commission. If the railroad managers attempt to make a contest of endurance they will doubtless find the people of Towa prepared to fight it out on that line indefinitely. If the roads under- take to interfere with public conv tence and to withdraw facilities unnec- essarily ns a menns of ¢ reating popular dissatisfaction, they will certainly find that their own intevests will suffer, and that the sentiment created will only add to their troubles. Their obviously wise course, therefore, is not to adopt any extreme measures, but to act in good faith, relying upon intelligent public sentiment and judicial authority to sustain their rights, agents sure means emu- Oregon in systematio advantages THE NEXT SENATE. President Cleveland has issued a proclamation, as is the custom when a new administration is coming intc power, convening the senate at noon on the fourth day of March ‘*‘to receive such communications as may be made by the executive.” This is to enable the new president to immediately send to the senate for confirmation the names of the members of his eabinet, so that no time shall be lost in organizing the administration, The cabinet of- ficials of the outgoing adminis- teation continue in service un- til their successors ure appointed and coullrmed, the business of the government in all departments thus going forward without interruption by reason of the change of administra- tion, but it is desirable to effect the change, varticularly when the new ad- ministration is of different politics, as as practicable, and hence the ty of convening the senate. Nor does the ndbessity ceaso with tha con- firmation of the cahnet. There are numerous appointmentsin the several departments which the new admin- istration will desire to make at an carly date, as well as a con- giderable number in the states. As pon asthe new heads of departments areinstalled resignations will pour in upon them, and it need hardly be said that the great majority of them will be accepted. There will thus be an abund- ance of work rapidly cut out for the senate to act upon, and while it islikely to proceed with very little delay in con- firming appointments, the majority be- ing in political sympathy with the ad- ministration, it is quite likely to remain at loast throughout March, Sessions of the senate convened under like circumstances have lasted two months or more. But it is probable that in the present caso the session will be one of the briefest of record. The senate is a continuous body, but there are always changes in its mem- Dbership at the beginning of every con- gress which warrant reference to it as anew senate, and perhaps in the pres- ent instance there 13 better warrant than usual from the fact that it will have as its presiding officer the vice president of the United States. The changes that will tuke place in thesen- ate when it convenes at noon of March 4 are comparatively few. Bowen of Col- orado will give place to Wolcott, who is expected by his admiring friends to be come a good deal of a figure in national legislation before his term expires. The ancient Saulsbury of Delaware, who has been in the senato something like a generation, will be succeeded by Higgins, the first republican the littlo state of whipping-posts has ever sent to tho national legislature. Palmer of Michigan will give way to McMillan, who is hardly the peer of the retiving senator in ability, but wi}l, neverthe- less, doubtless prove to be a sife and useful member. Sabin of Minnesota will be replaced by W. D, Washburn, a member of a family that has made its mark in the history of the country, and who has himself had experience in pub- lic life. Chandler of New Hampshire, who was elected to fill out ‘the unex- pired term of the late Senator Pike, will retire to await the action of the legisla- ture which meets in June, and New Hampshire will be represented by Gen- eral Marston. Perhaps the man who will be most missed from the senate is Riddle- berger of Virginia, who will succeeded by Barbour, but there ave few if any of the colleagues of the outgoing senator who will regret his departure. Viece President Morton has been preparing himself for the duties of a presiding ofticer, and will doubtless handle the gavel gracefully and deftly. quick’ neces: in session SUBMISSION A FIXED FACT. The dual submission bill has been pronounced valid by the supreme court. The elaborate opinion by which the court sustains its conclusions will be read by constitutional lawyers with more than ordinary interest. To the people of Nebraska it is immaterial upon what basis the court has founded its dictum. To them the all-absorbing subject presented is that submission has become a fixed fact. To carp about the various points that were at issue before the court would be unseemly as well as futile. For all concerned it is best that this decision should have been rendered at this time rather than eighteen months of two years hence, immediately before or just after the election. Tie uncer- tainty of a possible reversal of the pro- hibition and license issues by the court, on the ground that the dual bill was of doubtful constitutionality, would have been unsatisfactory to all classes of people. Now that we have absolute knowledge that the irrepressible conflict is at hand, we shall have amplo time for reflection and free and full discussion. A prohi- bition campaign is dreaded more by reason of its depressing uncertainty than its possible consequences. While we sincerely regret that this issue has been forced upon the state at this stage of its geowth, we confidently predict that the sound and sober sense of the great mass of voters will uphold the eflicient system of high license reg- ulation in preference to impractical prohibition with its free whiskey, low joints ana perjured medical certificates. A¥TER holding out against the erec- tion of poles and stringing of overhead wires for the electric railways on the business streets, the council has surren- dered ignominiously to every demand made by the electrie street car compa- nies. This is inexplicable. In view of the fact that in many leadiug cities serious objections havo been raised against the overhead wire by insurance companics, the fire deparyments and heavy property-holders, much more care should have been exercised by the council in the matter. In Boston especially the fire department is making a protest against the overhead wires. The experiences which the department have undergone go to prove that the insulated shears which are used to cut the wires in case of fire are not strong enough to cut the street car wires. The department has been most seri- ously hampered at fires from this cause and great loss has resulted. It is proposed in Boston that the electric railroads should employ a mau whose duty it shall be to respond to every alarm in the districts through whicn the wires runand clear the wires in case of fire, Itmay notbe a distant day when the same remedies will haye to be used in Omaha, if our businessstreets are to be littered with overhead lines. THE two-cent daily is by no means a new departure in Omaha journalism. 1t is as old as Tk BEE itself. The sub- scription of THE OMAHA DAILY BEE as far back as July, 1871, was twelve cents per week or fifty cents per month, At that time THr BeE was a small, four- page sheet, with all the news served up in spicy style. In other words, Tine Bek has for nearly eighteen years been the cheapest, as well as by all odds, the hest daily published in these parts. And it 15 the only dmly in Omaha that always has bad a bona fide paid circulation, with- outimporting town-criers from Chicago without flooding the town with free copies .1‘.1,\”.-1 on probation, and without & lungetester to inflate its statements ob circulation with bogus subscriptions of papers that are piled up unsold in every news-stand. — e THE state board of transportation is getting ready to avail itscll of the gen- erous offer of the Chicago & North- western railrond of a special to take them to the Harrison inauguration jamboree. That will offset the plaint that the Elkhorn Valley ros thirty-five dollar: hauling a carload of from Tekamah to Omaha, a distance of fifty miles, while the same car load of live stock is hauled from Tekama to Chicago, over five huadred miles, for sixty-five dollar The hon- orable members of the board probably never have heard of this discrimin tion since Dr. Billings advised them to avoid premature deafness by stulling couton in the car com < charges R’ more than forty day’s session the house has not yot passed a single appropriation bill. [t is bocoming manifest that the schemo of parties in- terested in extravagantallowances tend to hold the appropriation bills back until the last days of the session and then rush them through. A Politioal Paradox. St. Paul Globe, France has a new ministry. Speaking in paradox, a new munistry in France is a chest- nut. AR S The Thunderer's Distinction Boston Globe. The London Times is now entitled to the distinction of being regarded as the prize The Fate of New Mexico. Minneapolis Tribune, Congress not only tucked New Mexico in the bottom of the tureen, but put the cover on as well. Not Born For the Chicago Time nyder, daughter of ex-Governor 18 not an ac! She lost her dia- L ew Rote. Baltimore American , New York has now the pleasant spectacle of Tammany trying to expose corruption. It would scem that the best way to do this would be to publish an autobiography. —— Won't Walk Away Alone. St. Lowis Post-Dispateh. A New York democrat will pay bet by walking ta Washington to sce the in- auguration of General Hairison. He will enjoy the distinction of walking there alone, but Lie will have,plgaty of good democratic company when he walks away again, R e o The Ohjedsion to Lady Guides. Kansas City Journal, A London dispatch says that Americans contemplating a Juropean tour will be inter- estea in the ugw Lady Guide association, The financially responsible head of the family will probably be interested in steering clear ot it. A tour of. Europe under the superv ion of a member of the Lady Guide associa- tion would resolve itscll into u grand shop- ping expedition. S — Why, We Smile. Minneapolis Tribune: The Atlantic cable is losing its erip. Henry M. Stanley has not been killed for several weeks. Miuneapolis Journal: Max O'Rell will continue to receive new impressions of America as long as he can sail then. Perre Haute Express: When agree honest men catch the deuce. Philadelphia Leager: A four-gone con- clusion as to the flag—Four, four, four stars more. 0il City Blizzard: The woman without a bustle looks like a hen when caught in a rain-storm. Boston Courier: We have great respect for the penctration of the man who discovers good qualitics in us. Yonkers Gazette: The chap that is accus- tomed to getung “high” knows what it is to rise with the “lark.” New York Herald: If New York shall be left “eut in the cold” in constructing the Harrison cabinet, the inteation is to equalize the temperature by “making it hot" for the administration. Martha’s Vineyard Herald: “Large checks” for ladies' dresses is an odd, old fashion. Ask any man blessel with a wife and daughters, Rochester Post-Express: A Rochester man celebrated Washington’s birthday by putting an egg under his hen and telling her to hatchet. Chicago Herald: A weckly pe called the Black Cat is to be started in New York. Politically, of course, it will be on the fence. rogues Groupings. well “Lovejoy. The stormy petrel skims the ocean foam, The vessel sails along her lonely way; The sailor thinks of wife, and child, and home; The sun fades in the west and ends the day. There is no moon to lend a friendly light, The wild winds howl, the billows roll and roar; The ship strains every nerve till late at unight, And then goes down, a thousand miles from shore, At home a pale and gad wifo sits, and by Her side a littlo fellow from his play Looks up, and, wondering, asks his mother why His father stays 50 long, so long away ! o s STATE AND TERRITORY, Nebraska Jottings. A mad dog was killed at Pierce one day last week, i A petition is bewg cireulated at Broken Bow for the formutidnof a ¥, M. C. A. A petition is beiug cireulated praying the postmaster general for a daily mail route from Niobrara to Yevdigre. The unsafe copdition of the Mothodist urch at Broken Bow has necessitated the suspension of pubfip religious servicos. A Stromsburg man bas offered the militia company of that place $100 if it succeeds in carrying off the governor's cup at the annual encampment. Ponca citizens have agreed to give right of way, und considerable laud s veoll as sub- scribe for a large amount of stock of the Ogden short line if it will build to that tow Dayton Ward, superintendent of public - struction of Dixon couuty, is reported to be about to resign his ofice ‘and go to Promont, where a more lucrative position uwaits him. Rey. J. D, Kerr, pastor of the Prosbyter- ian church at Kearney, has tendered his res- ignation on account of his wife's failing health. The resignation will take effect April 0. The old residonts of Dodge county to the number of sixty have organized the Dodge County Old Settlers' assoviation. A meeting has been held at Fremout, but the permanent officers have not yet beea chosen, A colored man of Kuox county is ambitions for political preferment under Harrison's ad- an election. ministration, W. H, Olaiborne, Niobrara leading tonsorial artist, is working for th appointment of United States minister to Hayty, and a petition which he is "circulating is being largely signed. lowa. Stuart has a female faith-curer, Rock Rapid Masons talk of building a hall Squire Reese, one of tho oldest settlers of Union county, is dead Sixty conve ns resulted from vival at Gundy Cente Story City is to ve with & capital stock of &5,000. About $150 por annum it what of Atlantic roalizes from his office. James Gainey, of ston, has been ar rested by the United States marshal, charged with **bootlegging.” Dr. Kirby, a_painless tooth extractor, who recently operated in Boonsboro, has re turned to that place from Nebraska in com pany with the sheriff. Ho will answer to the charges of bigamy and selling intoxicat ing liquors Joseph IR for the postm claim upon v wember of General Harrison's regiment; second, ho weighs 400 pounds, and assures the department that he can'hold the oftice down A religious crank is creating a sensation in Coruing and vicimty by preaching and fasting, Ho has an idea that the Almigh has callod upon him to fast for forty days and he has already accomplished more thin half lus task. His name is Krine and ho lives cighteen miles north of Corning, just tho line in Cass county. and Mrs, Charles E. Crane, of Harri son county, huve a daughter who' starts out in life with the following relatives: One great great grandpa, one great grandpa, two erandpas, three great grandmas, two grand mas, six great great uncles, two great great aunts, nine groat uncles, eleven great aunts, four uncles, five aunts. the re. a canning fact the mayor , of Sholdon, has applied Ho bases his ho was a Dakota. An Odd Fellows? lodge has at Salem, A butter famine has been prevailing at Vermillion. The & of spring at Armour has killed the literary society. Centerville now has a brick yard, which 1115 a long felt want. Many new buildings will Montrose the coming seaso. There is a greater_demand for T property than for several years past. The work of rebuilding the Mitchell uni- versity will be superintended by Prof. T. A. Duncin, A corn sheller crushed one of the hands of asix-yoar-old son of I Baden, living near Parkeston. New machinery will be placed in the Pierre flouring mill this' spring and the mill put operation. The superintendent of the Lawronce county schools is_cndeavoring to establish a uniform series of books. The farmers of southern Brule and north- ern Charles Mix countics have organi Bijou Hills Farmers’ institute. The Woonsocket Times contains the fol- 1 H. Campbell, weight 2205 Buu- it 255, and Frank Anderson,woight 230 pounds, have ugreed to confine them selves to a diet of bread and water, with one cup of coffee per day, for the space of thirty days, the object being to reduce superfiuous been instituted be erected at pid - rrest Lixwoon, Neb., Feb, 2 Tne Bee: Your issue of the 22 contained an article relating to a “Jim Crow” detective who had arrested & man supposed to be the wurderer of Miss Ellen O'Neill, of Pough- keepsie, N, To put at_ rest the mistaken idea of the public I desire to say a few words. On Thursduy, February 14, a suspicious character came to Linwood, selling a silver polish for b nd copper. This at once suspicioned as John Wate gave his nawie here as Frank Baker, O'Donnel and Pat McAuliff. He wis_ar- rested on the night of the 15th, azd held in the Northwestern hotel asa fugitive from justice, and the authoritics of Poughkeepsi notified. They telegraphed to L. K. Sowers, who had him in custody, to examine his arms and report what was found uponthem, After examining his arms the number of scars found on them was reported. Upon this port the authorities notified L. E. that he had a_picture of a woman tattooed on oneof his arms. Upon this information the prisoner was turned loose. A letter contain- full description of Waters was_sent to 1 s received the 22d, also, a telegram stating that_the authorilies had found Waters' wife, and that she had stated that there was not a tattoo on Waters’ arm. Upon this information L. E. Sowers and telegraphed Sheriff Darnell, of David City. to hold V and o telo- gram was a few hours later that the man in custody. Saturday Sowers appeared and went before Justice McCaskey of David City and swore out a complaint and had the ‘pro- per warrant served. The prisoner was prought into court and a lawyer avpeared as his attorney and waived examination and said his client would go to jail until Monday at 10 0'clock when he woulii be ready for a hearing. At 8 oclock that evening this same attorney appearcd before County Judge Clingman and swore out_a writ_of habeas corpus, which was served upon Sheriff nell and the prisoner was released that night and made his cscape. 'Ilie prisoner been proved to be John Waters, by his own conversation and also by certain scars upon him. W. Vantassell. of Duchess county, Yok, had telegraphed Sheriff Darnell to hold tne prisoner. Waters' wife had also telegraphed Detective Sowers t0 hold the prisoncr until she could appear and identify hin. Judge Clingman’s action in releasing the prisoncr is unfavorably com- mented on here D. D. W. Frrmoxt, Neb., Feb I'ng B in your issue of Junuary 25 there appeared certain special dispatches relating to the matter of my visit to Newburyport, Mass., at that date. These dispatehes were of such import as to injure me among those who do not know me personally, and I beg the privilege of giving the facts of the case, which, briefly stated, are as follows: [ had no quarrel or trouble with Mr. Hulbert auring his sojourn in Fremont. He had many quarrels here, but I was not a party to uny of them, but on the contrary, 1 had been to special lavor in defending Mr. Hulbert as agaimst those who were opposed 1o him, in order to conserve the peace of our society. After he left Frémont I was applied to by a committee of tho church at Newburyport as to Mr, Hulbert's fitness and standing. My report was unfavorable. About ona after was informed that Mr. Hulbert had been 2 hara things about me. I mado in- quiry as to the matter, and the reports being confirmed, I went to 'Newburyport to look into the matter, I found his tongue had been for moreslataerous snd wicked than had been represented to and immediatoly thereaft 1 ferred — charges against him before the church of lyingand slander. The matter was suppressed from time to time until it came about that a council was called to dissolve the pastoral relations be- tween himself and the church, at which council 1 put in an appearance with demand to be heard, and I was heard. Theoutcome of the matter was that I substantiated ny ch: s uttered agaiust him; while Mr, Hul- bert expressed sorrow for what he had said avout me, he claimed when brought to bay, that one of our members now deceased, had told him these things to him and that he had only told what he had heard; whereupon 1 restod the case, as 1 was not at that time pared to show by evidence that, to save him- self, he had slandered the dead, but which L am fully prepared to show at this time. The council gave Mr. Hulbert the benefit of the douby, and decided that the charge of lyiug bad not been sustained. JUuNius RoGeRs, he left Fromont I Children Cry for Pitcher's Castoria, When Baby was sick, wo gave her Castoria. When she was & Child, she cried for Castoria, When sho became Miss, she clung; to Castoria, WWhon she had Children, she gave them Castoria, LINCOLN NEWS AND NOTES. A Party Which Knows How to Combine Business and Pleasure. DISTRICT COURT PROCEEDINGS. An Interesting Right of Way Ques tion Come Up Before Jadge Chapman—Goneral and Personal Gossip. LiNcor.N BUREAU oF Tiw OMana Ban, 1029 P Strekr, Lix B The legation com plet transportation, board of chiefelerk, consisting of Attornoy General Le Auditor reasurer Hill, Commissioner Steen Mason, Judge Munger and H. M. Waring start for Washington to-morrow at 1:40 in the afternoon, ostensibly to attend the mect ing of the railroad commissioners of tho United States, at the invitation of the inter state commerce commission, which tukes place on the day following the inauguration of Harrision and Morton a8 president and viee president of the United States, ho contemplated meeting furnishes the party with an_aamirable opportunity for killinyg two birds with one stone. It is given out that the trip will be made over the Burling ton to Chicago, thence to Washington over tho Baltimore & Ohio. Until to-day the the board intended to make the journey over Northwestern, pursuant to an urgent invi tation from the officials of that road. Owing, however, to some unforeseen circumstances, the officials of the road notified the board that they would not furnish the specitiod car, and a change was made to the Burling ton, but the Union Pacific folks furnish the car, and 80 it can be seen that a number of roads have a finger in the pie. The distin- guished party will enjoy a free ride to Chi cago, but from there the boys got down into their pockets for the daddy dollar. It scoms that courtesy coases when' roads are reached that lie beyond the jurisdiction of the board, It 18 learned that the company will be from nhome about ten days. The governor will not make one of the party, as indicated by Tus B his morning. The leutenant governor will also remain at his post. This makes it impossible for Church Howe to warm the gove chair until he is properly elected The pecial effect of the board in making the trip is to gather infor- mation that will enable the members to vote intelligently on railway questions effecting the interests of e. It is understood that some of the memoers will be accow- panied by their wives. So business and pleasure” combine, for the party will attend the inaugural ceremonies and the attending splendors. board of rvies and Laws, Benton, Judge District Court Grist. Hon. S. M. Chapt the case of Silas H. Burnh the Chicago, Burling- ton & Quincy Railroad company. The action is to have settied in the plaimtiff the right he claims i land in the valley a_little west of town, and through _which the 13. & M. road rugs. The plaintiff asserts that the com- pany has no right. to the right-of-way. The answer of the road is that it is properly in possession by purchase, and also by ad- verse possession for more than ten years, The compauy claims 100 feet on the ‘plan- 0ff's land, and plaintiff says that at the ut- most the company ought not to have more than 50 feet, alleging that the condemnation proccedings of the company had been dis- missed and were at an end when Eaton took his money out of the court house and gave his deed. The case on which thie jury is out, tried be- fore Judge Field, is that of Simon 'Hene vs Rickards & Co. The defendant had run restaurant on North Seventh stroet, W. Rickards being an incoming partner, w onc K. W. Knzie. Before Rickards came into the company a_cigar bill of $195 had been contracted with plaintiff. ~ Kinzie ad- mitted _ that_ the firm owed the debt, while Rickards said that he was not liable for a debt contracted before he be- came a partner. This is the issuc for the jury to determine. From the peculiar stand taken by the defense, 1t is said that Rickards is the only responsible party to the firm. sSupreme Court Proceedings. The following causes were argued and submitted: In re Louis Bergoff, Iooker vs Nebraska Telephono Company vs were filed for trial: The following cas Error John M. Thomas vs L. A. Etwein. from Perkins county. In ro Louis Berghoft. Habeas corpus. The State of Nebraska ex rel Joseph James vs George Lyman et al. Quo warranto. Grimes vs Sherman. ~ Error from the dis- trict court of Johnson county. Afiirmed. Opinion by Justice Cobb. Canfield vs Gurley. Appeal from the district court of Douglas county. , Reversed and dismissed. Opmion by Chief Justice Reeso. 1. On the3ist day of July, 1836, G pur- chased from T a city lot, and 'took o receipt for $50, advanced as part payment of the purch prico, which was 1,800, The torms being taat $1,000 in cash should ba paid on delivery of a deed, G to tho payment of a mortgage of $750; the re capt containing a stipulation that if final payment is not made within twenty days, all ts aro to bo forfeited.”” Possession was not taken by the vendee. At the expira of the twenty days, T tendered to G a war- ranty doed and demanded payment, which was rofused, the reason assigned being that one C had instituted agamst T an action for the specific performance of a contractof sale, made on the 9th day of August following the date of the contract between ths parties, but which salo was sale was shown to have been made by an agent, without brity, and of which G had notice, On the 234 of Juno, 1887, G filed his answer and cross bill in the suit' of C nst T by which ho sought a specific porformance, and conveyance of the property. In the meantime, the propert. had groatly increased in valu tho construction of a cablo road in an adjoining street. It was held, that time was of essenco of the contract, and that ( puld not en- force it E In siich case, the fact that an action had been instituted against the vendor for the purposo of enforcing a contract of salo which was known to the vendee to be void, and could not bo enforced, would not relieve the vendeo from the performance of the con- tract on his part, when demanded by the vendor, and his refusal 8o to do woula be a roscision of the contract on his part Union Pacific railway company vs Graddy. Error from the district court of Douglas county, Afiirmed. Opinion by Mr, Chief Justice Reeso. . 1. “‘Where an_ instrumont consists partly of written and partly of printed form, th former controls tho latter, where the two e inconsistent.” Section H40 o€ tho " eivil code, 2. Defondant was employed by plaintiff to render such service as mignt be necessary as “consuiting oculist and nurist.”” The contract was partly written and partly of printed form. By the p inted form the physician employed agreed “to perform all nccessary surgical and medical sorvices for the treat- ment of said persons, if required to do so, and to furnish the necossary medicines and surgical appliances for the same.’ The words “*and to_furnish the nocessary medis cines and surgical appliancos for the sume" were erased 80 that the portion of the con- tract w h was in writing immediately fol- lowing the words “if required to do so” was “by the chief su on as counsulting oculist anda aurist,” ote. It was held upon a con- sideration of the contract in the light of tho evidence, that the employment was only as consulting oculist and aurist and not as oper- ating physician or surgeon, 3. Upon an examination of the evidone troduced upon the trial, it was held that plaintiff in error’s division' surgeon was au- thorized to and did cmploy defendant in error to treat one of plamtiff’s employes as an operating physician and surgeon. Streatz vs Hartman ot al. Appeal from the district court of Douglas county. Af- firmed. Opinion by Chief Justice Reese. 1. Where there is nothing upon the tace of a decd from a trustee to a purchaser showing that the sale was made in violation of or con- trary L) the power contained in the deed of trust, & subsequent purchaser who has no notice in fact of any irrcgularity in the sl by the trustee, will be protected as an inno- cent pure or. 2. A tract of real estate was conveyed to a trustee on the 31st day of Januar 1865, i trust for the use and benefit of and_ to conveyed by the trustee to each member of a homestead society, according to their saveral interests therein, In 1863, the property was platted as an addition to the city of O." Soon after the time a number of the members of the honiestead society met in the city of O and divided the proper deeds being made to them by the trustee, accordmg to their soveral intcrests. A number of lots re- mained unconveyed, for the reason that tho persons entitled to them could not be found. In 1569, 1878 and at other periods, it bocame necessiry to sell a portion of the unconveyed lots for the payment of taxes on, and the vreservation of the remainder of the trust cstate. The sales were all _made for valug and the funds arising applied to the object for which the sales were made. The purchasers conveyed the pro- perty for full value, and at the coms mencement of tne suit, the lots were in part, neld by granteos in good faith, and without actual notice of any deviation from the terms of the trust, while others held under pur- chasers for value but with such notice. - No actual fraud was shown. At the time of the commencement of the action, there was suf- ficient_unconveyed lots to sitisfy the shares in the homestead society held by plaintift as held that plaintiff had no equities, as against such subsequent purchasers, whether with or without notice as would en- title him to ignore the unconve lots and recover title to the lots previously sold. 3. While the statute of limitations does not run in favor of a trustee, where the trust estate is created by privity of contract; yet where such relation cxists by act of law as where a trust estate is traced into the hands of a defendant the statute of limitations will run in favor of the persons charged with such trustship. A BABE IN vegetable remedies for every ill of human kind. reveals its secrets to man only by long and searching labor, THE HOUSE 13 the source of much sunshine and joy, brightening many a lightening many a heavy load—but joys continual abide only in a h We believe that the Creator, with great wisdom, has distributed ove Althy body. r the earth This marvelous Laboratory Few men have attained greater success in extracting and skillfully combining curative properties from the veg R.V. Plerce, of Buffalo, N. 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