Omaha Daily Bee Newspaper, March 28, 1889, Page 5

THE OMAHA DAILY BEE' THURSDAY MARCH 28, 1880, IT CANNOT BE PICKED UP, The Australian Hlection Bill Killed By the Senate. APROTEST FROM THE PRINTERS, They Ask a Reconsideration, But The Rules Do Not Justify 1t and the Matter Is Set Aside. The Case Ta Hopeless, Lixcovy, Neb,, March 27.—| Special to Trn Bre.]—The following commication was read in the senate this morning : Whereas, It has come to the knowledge of Omaha Typographical unfon, No. 100, that house roll No. 77 has been indefinitely post- pobed in the state senate; therefore be it Resolved Thay o domand of the_state senate the immediato reconsideration of the vote by which this bill was postponed, and also that it be enacted into law. Kesolved, That a copy of these resolutions Do sont under seal to each member in the senate from Douglas county. Tho bill reforred to embodies the Ans- tralian clection system. Senator Paulson moved to reconsider the vote by which it was dofeated, but his motion was ruled out of order. One or two similar offorts have been made to resusticate this measure, but its coffin 11d is nailed down and cannot be ro- moved this scssion, When 1t was indofi- nitely postponed a motion was' made to ro- consider tho vote, and that motion was ta- bled, is a parliumentary method of 2 clinching the coffin nails to insure undis- turbed repose for the corpse. Resurrection may occur in a future legislature, but the friends of the measurc may as well under- stand that it is securely buried so far as the Ppresent session is concerned. Late this afternoon |Church Howe called up whiouse bill changing the time of megtin of presidential clectors, He moved to amen by striking out all after the enacting clause, and substituting the body of the Australian election bill, Ransom raised the point that the Austra- lian_bill had been killed and the vote clinfhed, but the chair ruled that anything could be offered as an amendment., Howe's motion to amend was tabled by a vote of 19 to 13, Mr. Hall Explains, LiNcovx, Neb., March 37.—[Special to Tre Ber.|—A decided misundorstanding has arisen between Representative Hall, of Lan- custer, and Church Howe. Mr, Hall arose 10 a personal explanation to-day and asked 10 spread the following on the journal of the house: *‘Church Howe, a member of the senate, having charged in_open session upon_the senate floor this forenoon that Hall, of Lan- caster, in the house, was the cause of striking out from senato file No. 103 of the provision that securo o license a saloonkeeper must with his petition send in written consent of adjoining proverty owners, and that said Hall caused said provisions 'to be striken out of sald bill bocause he was unwilling that any one else should et the credit for such enact- ment, said provision inserted as an awend- ment to house roll No, 124, introduced by said Hall, which bill was defoated by the Thouse on final passage. 4T therefore rise to a_question of priviloge 10 the foregoing charge of said Howe and state that the statements of said Howe re. ported to me as given above aro devoid of truth in every particular ;fthat sald provision was stricken out by the house committeo on cities and towns; that I consented to said action because of the adverse vote thereon by the house as shown in the vote on houso roll No. 124 and for the further reason that said Howe came himself to me, requested that said provision be stricken out for some goason and aidsd In his ewect, confidential ne, ‘1 never took any stock in'the provision anyway.’ I desire further to state that the only in- terest T had in senate filo No. 102 was occa- sioned by the fact that it, as amended by the bouse, provided for an excise board in_Lin- ooln, a necessary amendxient to the liquor law to enable the Lincoln charter to become effoctive aad that I was not playing for, the présentation of a silver tea set of ninety-one pleces to myself, from Omaba or elsewhere.” Outlook for ‘Adjournment. LixcoLy, Neb., March 27.—[Special Tele- gram to Tnr Bre]—“I want to go home" is the universal cry, but adjournment is about as much an uncertainty as ever. The senate has its affairs well in hand and can go out of business on Friday, butthe plunderers in the house may succeed in getting up a row over the senate’s reductions in appropria- tions that will extend the session to the next week. The salary bill was read a second time in the senate to-day and to-night is ‘being considered by senators in conference. 1t is not long, has ajready been pruned by the house, and may be disprsed of in the senate to-morrow. The deficiency bill was read the first time this afternoon and will Teach passage on Priday. The senate has little of consequence be- fore it. The farmers of the house have agreed to concur in the senate reductions, but if they fail to control that body the re- -uu. wm be a fight and a conference commit- The purposes of Stout, Butler and enunnl are shrouded In mystery., There has not been a “peep" m the senate, but they and thew lobbyists are hanging about the pitol. The scheme of the jobbers in the ouso is to get the appropriation bills into a nference, and it is whispe that Stout, Jutler and Kennard hope to reinstate their claims shrough that channel, No other ave- nue now seems to be open for them. The n{fipolutment of the conference committee, if cowmes, will devolve ap important power on the presiding unmera, 'rne Extra Pages. LiztovLy, Neb., March 27.—(Speolal to Tan Bre.|—What will we do with this extra Ppages! s tho query that is bothering the av- erage member of the house. Two years’ ago two boys not on the pay roll hung around the house most of the session, and in the olosing hours resolution was rushed through allowing them full pay as pagos. This year nearly & dozen, failing to: secure FX ppointment by the speaker, have tried ame triok, and to-day a resolution w mrodmd 10 place them on the pay roll, ut the ufan was not a_ brilliant sucoe: 'hite of Cass woved that the resolution 1aid on the table, and the motion prevailed b v%'fllnl( “h riceabls or these superserviceable pages will amount to $1,000, and if the bad example of the last legis uluro followed, and these nlllml allowed, twi hence the legisla- ture will be llmr‘ll ovnrrun with boys who expect to draw their 75 to $100 from the state by means of a little resoluvion rushed through in the closing hours of the session, ————— More Olaim: Laxcony, Neb,, March 27.—[Speclal to Tun Bex.]~There seems to be no end of claims sgaiost the state. The special deficiency bill has been disposed of and a multitude of similar olaims, and »a bm nf misoel- u- lumn. amountin '& bout $9,000 was Bortis mo: '.lut the whole bill to hbled, which was voted down. B.boook Gets Left. LaNcoLy, Neb., March 27.—|Special Tele- gram to Tur Bex.]—Auditor Henton -denie $he report that ex-Auditor H. A. Babeock is be l.ppolnud insurance de , aud s will gotoC. B, x'"" , &l 'N' dor\l Al the office. —— . Senate. LixooLX, Neb., March 27.—(Special to Tas |~I'nn Ber's exclusive information as the actions of #he senatorial alliance on stions mot omnly caused s general ble for that paper, but it brought to the te this morning a big sudience of on- many representatives and other friends of state institutions. ‘The committee appointed to investigate the state farm and the agricultural experimental presented a nu}orli “1. mlnorl‘! on lines MI reports wmwul bdng read. is suticipated when they Senato r utothvo movea to s of business and go tnln commlnoe of the whole to consider tho ex- pense bill. Senator Raymond objected and called (or the reading of Hall's house bill fixin schedule ‘; maximum freight rates. r Raymond has not been invited to the senato- rial conferences on appropriations and has lhcunnpanl-unm advocate of railroad logis- “lation. Senators Howe and Raymond thereupon engaged in a wordy spat in which each aired the political ambitions of the other. Howe charged Raymond with ing as a reformef to catch the guberna- torial nomination, and Raymond re- torted by accusing Howe of congres- sional aspirations, to further which he trims on all occasions and meddics in the charters of cities in which he has no interest The lively crossfiro entertained the spectators, and Senator Norval capped the climax with the following : Rosolved, By this sonate that the Hon. T. M. Raymond 18 hereby endorsed for the of- fice of governor of this state, and the Hon. Ohurch Howe is likewise endorsed for con- ressman of the First district; and be it urther Resolved, That the political hatchet be- tween these two gentlemen bo, and is hereby forever buried with the handle up. Later in the discussion Senator Ransom stirred up Senator Beardsley by chaiging that Lancaster county was the home of plunderers who were in every plot to rob the state treasury. Mr. Beardsley criticised the political course of Ransom, and referred to the sonate as a slaughter ' house. This re- mark was particularly pat because a_slaugh- tor honse itom for the Lincoln hospital for :hc insane was under consideration at the ime. Senator Lindsay supported Beardsley by raising a point of order—that Ransom’s speech had already been delivered and sat down on several times. Ranson retorted by saying he was tired of being barked at and wanted Lindsay to sit down until he got through. And Thus the tiit weut merrily on. Howe's motion was adopted and the ‘com- mittee of the wholo took up_house roll 483, known as the expense bill. The programme agroed on by the senatorial alliance was car- ried out without other interruption and with only one cHnge, The latter, at the request of the supreme_court, was' the allewance of $2,000 for bailiffs instead of $1,000. 'The fol- lowing statement shows the 'aggrogate re- ductions in the various state departments and institutions from the bill as passed by the house : Governor's office Adjutant general Commissioner of iabor Secrotary of state . 500 Auditor 800 Superintendent of public instruction.. 750 Commissioner of public lands and $ 1,100 600 1,100 buildings 900 Board of public lands and buildings.... 8,610 Supreme court. . 6,350 State library. 5,600 Normal school 2)0 Penitentiary . 1,100 Hospital for i 44200 ere in- croased as follows: Kor treasurer $600, su- erintendent of public instruction 1,800, incoln hospital for insane §11,000. AFTERNOON SESSION, Senator Ransom dragged his live stock commission bill from the judiciary commit- tee, after a struggle, with & mowon request- ing the committe to return it to the senate. Ransom’s original bill abolished the live stock commission in_its entirety, The house amended by re- taining the state veterinary and the quaran- tin® law, with an appropriation of 10,000, The sonate defeated an amendment to allow the veterinary to employ an unlimited mum- ber of assistants, also an amendment, proyid- ing that discascd animals shall be killed at the expense of the state mstead of the owner. The previous quostion was moved, and after an hour's struggle the house amendment was coneurred in—23 to 9. The senate then went into committee of the whole_aud resumed_consideration of the ex- pense bill, making the following reductions. Hospital for insane, Norfolk. .. ...... $16.300 Hospital for insane, Hastings. 28,750 Industrial school, Kearney . . TB100 e House. LixcoLy, Neb., March 27.—[Special to Tne Bre,|—Mr. O'Brien oftered a_resolution in- structing the commituee on accounts and ex- penditures to audic and pay the expenses of whe Douglas county contest cases in accord- ance with the schedule on file. Sheppard moved to table the resolution. Carried—45 to 10. A motion to place the name of one of the nine extra pages on_the_pay roll was lost on a roll call demanded by White, by 43 to 39. Majors offered a resolution instructing the proper officers to purchase all public sun- plies at wholesalo after advertisin= Zr bids as provided for in the Siatutes, The roso- lation was unanimously adopted. The committee appointed to investigate the college farm flled o report stating that the farm is not being managed in the best pos- sible manner-to carry out the purposes for which it was established, and making sundry recommendations, The report was placed on o. Bills on third reading were taken up. The following were passed Senate file 171, a bill by Raymond, pro- viding for the regulation of banks, with house amenaments. A bill by Rayner providing for the sub- mission of a constitutional amendment in- creasing the number of judges of tho supreme court from three to five, and_increasing the salary of these {ud[,us from 2,500 to $3,500. A series of bills to organize’ a county out of the Omaha or Blackbird Indian reserva- tion, with contiguous territory now belong- ing to Wayne into & county, to be called Thurston. A bill by Raymond giving varties who fur- nish supplies o contractors or perform labor on any railroad, canal, diteh, bridge, viaduct or similar improvement a lien on the product of their labor or the improvement for their pay was under discussion. Baker, Cushing and Christy, of Ciay, de- nounced the bill as a vicious msasure, aimed not at railroads, but at contractors. ‘The house refused to take up lha bill and ordered 1t to u third reading by 70 to 6, A senate bill to establish a normal school at Neligh was lost on final passage by a vote of 82 to 40. AFTERNOON SESSION, Hall arose to a personal explanation in ref- erence to a modification of the liquor law: providing that abutting property owner: shall sign the application for a permit. He charged that Senator Howe had made a false statemeont in the senate n regard to his action in committee. A bill fixing rates of toll for the bridge cross the Platte between Sidney and the lglncl Hills was ordered to a third reading, The house went into committee of the whole on the claim: House bill 476, Abl\l to pay miscellaneous items of claims, was taken up. Bortis moved to indefinitely postpone the whole bill. Lost—321 to 4. The item of #18 to State Journal company for printing was -mrxvsy questionad by De- laney, Hill of Butler, Specht and ov.herl, but finally allowed, An item of $125 in favor of E. C. Miller for returning o fugitive from justice was tr(ekeu out; also an item of in favor of C. J. Westerdabl for a similar service. "The item 85,000 for extra services of W, H. Wilcox, arohitect of the capitol building, was stricken out; also an ivem of $333.40 in hvor of J. E, Stockwoll for material fur- Grant Memorial hall, and $790 in fnor of M. R, Dorsey for material furnished state capitol building. Various items in favor of A. F. Bray, M, ¥. Free, Moyer & Co., Himebaugh & Taylor, J. J. Johnston, G, W. King, Rogers Brothers and Northwestern Gravel company, for ma- terial furnished the Deaf and Dumb Insti- tute at Omaha, were stricken out. Tho Johnson bill providing for gnrlnur was killed on & rou call by & vm ol 10 28, after a sharp fight. ——— Legislative Gossip. LaxcoLx, Neb., March 37.—[Special to Tus Bxx.)—Representative Rhodes, of Pawnee, has been sick at his home in Pawnee City for several days and will haraly be iu his seat again during the session. John M. Thurston may now rejoice. The Thurston county bill, which has been most ably and skillfully mavaged from the start by Messrs. Pecbles and A of Pender, passed the house to-day with the emergency clause, and will bwonm l lnw 88000 @s it can be signed by the go Re) nlntlv- Ben rhw , has been call ‘home b illness fo his family and will hard! h. able to l!filll‘l in time to take part in the closing scenes. ‘The normal sohool have given up the 3 d Dy rin, o E city, have given up all hope and returned home yesterday. The following mombers who voted m st the Kennard claim were ncoldentally amitted from the publishea roll rnll Messrs, Hunter, Jnhn!an, Keiper, Larson, Lash, Ley and Among lhodemocnu on the floor who do not train with the boodle crowd is John Mattes, jr., of Otos, Mr. Mattes voted against the Stout and Butler and Kennard claims, and stands in with the “‘farmer com- bine" in their efforts to prevent the raiding of the treasury. H. T. Clark, of Omaha, and Representa- tive Rayner, of Cheyenne, got nto a lively altercation on the floor of the house over the bill to reduce the toll on a_bridge over the Platte between Sidney and the Black Hills country. Rayner charged that the rates of toll have been outrageously hign, the sum of $2 being asked for a single team, which Clark vigorously denied, and both gentle- men became considerably excited. Special credit for knocking out the Ken- nard claim of $11,000 belongs to Gilbert of York. Mr. Gilbert took the pains to thor- oughly invostigate the matter and in an able and convincing speech disclosed the true character of the claim. DAUGHIE 1S OF THE GUARD, Preparations Making for a Mer- (‘IInllI 's Carnival, to be given April. o8 this way,” commanded Cavtain Scharft as stood on the right of of a company of thirty-two members. The captain’s voice was mollified and the orders were given in a rather ‘‘please-do' tone, differing widely from the ringing com- mands he issues to his company, the Omaha Guards. But the captain was not drilling the guards. The pretty eyes that flashed towards him in “right dress,” had for their owners thirty-two of Omaha's pret- tiost and most accomplished daugkters. Up and down, across and back, 1n company front and columns of twos and fours, they marched with_the tread of veterans. Tho Drogress they have made in two or three drills is wonderful. Tho alignment and wheeling by fours were perfect. These young ladics are making prepara- tions for the ‘‘Merchants’ Carnival,” to be held at the Exposition hall on Tuesday even- ing, April 2nd. The entectainment will be given by the Women's Christian_association, a benevolent society of this city for thé benefit of the Open Door. The young ladies will represent different mercantilo houses and industries of Onmlm and be attired in costumes symbolical of the busi- ness house for which they appear. The entertainment will be unique and very mter- esting, consisting of adrill by the young ladics, dancing by children and an_exhibi- tion drill by the Omaha (iuards, Ices and cakes will ba served as refreshments during the coming. The privilege of being represented in the carnival was sold to the morchants by auction, the pr some instances, running s high as $2 friendly rivalry exists among the merchants and they will vie with each other in thoir efforis to_costume their representatives ap- propriately and ualquely. ——— Upon a fair trial I ind Salvation Oil the best cure for rheumatism I have ever known. 1t gives relief more quickly, and always does its work. JOSHUA ZIMMERMAN, ‘Wetheredville, Md. Chrouic coughers are bores to the commu- nity and should be forced to use Dr, Bull's Cough Syrup. A FARNAM STREET SMASH, Four Teams Run Away With Disas trous Results, “Now if that horse only kills himself, I'll be satisfled,” exclaimed Mrs. G. A. Palmer as she stood in C. S. Torbitt's drug store on upper Farnam street about 6 o'clock last evening and brushed the dustoutof her hair. Outside a big crowd had gathered and was viewing tho remains of four vehivles in a terrible state of delapidation, all caused by Mrs. Palmer’s fractious horse. Mrs. Palmer's young son was driving the animal, which was attached to a double-seated rig in which Mrs. Palmer was riding. At the corner of Twenty-fourth and Farnam the horse bof came frightened and ran, and in its mad flight collided with three other vehicles, and immediately four horses were dashing” down the street. Mrs. Palmer’s carriage wos the first to come to grief and that lady landed ou her head close to the sidewalk. Then the buggy of R. R. Grotte, the wholesale liquor dealer, containing the owner, his wife, son Arthur and bal collided with a telegraph pole and se:lied i occupants on Hiopaye- ment. Almun at the sams ipstant the de- livery wagon of Samuel Burns turned bot-. tom side up, and a horse attached to a Gate City market cart tumbled over the high em- bankment into an adjoining lot. Confusion reigned for several minutes and it was re- ported that several people wero badly hurt, but an_examination showed that the only serious injury was to young Arthur Grotte, who sustaned a deep cut on tbe forchead. When his wound was dressed he was able to be taken home and will ve all right again in o ow days, Mrs. Dalmor sufforod & slight cut on the lip, but_otheryise was not h in the least. The Grotte baby came up smil- ing out of the general wreck, and laughed to sea the doleful look on its parents’ faces. It was @ accident with some very lucky fea- tures. - . I like my wife touse Pozzoni’s Com- plexion Powdor because it improves her ooks and is as fragrant as violets. EOTABIAR B ONE MONTH'S mXPERIENCE. A Very Encouraging Report Creche's Progress, The ending of the first month in the new Creche brings the following report from the management ; The demand for a home for the fatherless and motherless children is steadily increas- ing. Soon our little home will be filled to overflowing. Even now we bhave more ap- plicants than wo can possibly accommodate. As our facilities for sleeping are rather limited, however, we feel that in good time we will have all these obstacles surmounted, and the good work will goon. The friends of this puxiliary are unceasing in their acts of «indness and liberality. We have re- celved handsome donations from tho bene- volent of all denominations and in the near future we will have written over our beautl- ful symbol, Prosperity. During {he month® we have taken in the home fifteen clildren, all weekly boarders except. Lwo as a recompense we have re- ceivea $22.55. The health of the children s exoellent. Among our lato donations we have the fieut&nud«»d and appreciated desk, from r. W. W. Keysor; Continental clothing store, two suits boys' clothing; Mr, Harvey, & box of child's_clothing; Hayden Bros.. spron giugham; William Barr, one dozen pairs stockings ; Stonehill, two dozen hand- kerchiefs; Mrs. Bouson, pins, olastios, otc. ; Mrs. G. W. Holdrege, oilcloth; Dewey & Stone, & quantity of furmiture; Mrs. G. 5. ogers, chairs. the Ploasant street school, a large quantity of toys and a baskol of cloih- ing; Chase dy, stationery; A, B. Baines & (:o ‘meat; Hayden Bros., provi fons; Mrs. Smith, box of toys; M ball, butter and fruit; Mrs, ing{ Mrs. Akin, crockery: Mrs. Barrows, clothi i, Mr. Bliss, dish of the . Doane, preserv chairs, pictures, ete.; C. B Moore, vegeta bles; Central market, meat; Mrs. Warren Switgler, clothing and toys; Mrs. Riall,toys John Kezwiehek & Co., meat; ilanche Ks- tabrook, dolls and 'an' Mrl. koam basket of dishs; bcn. 0,& Biddy, papers, cards, elc.; Mrs. Fosby, cl ele.§ Dewey, bool fl( %eopr, cann fruits and soups. Ty Beecham'’s Pills act like magio on a weak stomach. — Sporting Mention. John P. Clow, the puglist, was ol lul. evanlnc on rouu l;:'om ‘i 55,5 gl hu'- h ovidlnfl.v nov Gho Jobn w ol Strauss, Kennedy and Proeucr uflvnd yesterday, and Conw: pemfi’ to-day. fi .nfl eumpma thu mm The oodyom practicing hard every afternoon, and it will not requflo wuch time to put them in the best of condition, as all are in good health and spirits. They are all anxious for the opening on Sunday be on hand to next, and a large crowd wi greet them, Sufferers from Coughs, Sore Thi ron. aw. should try “‘Browa Bnnuihl'hoolu but sure remedy. Sold only ln Price 25 cts. v LINCOLN NEWS AND NOTES. A Very Quiot DAy at the Capital Oity, SUPREME COURT PROOEEDINGS. Somb Decislons of Interest to Doug- las Oounty COitizens—Political Points — Genor: and Porsonat Gossip. Lixoorx BUREAU oF Tir OMAtA Ban, Staser, . LiscoLy, March 27, The Nebraska Laborer is putting on a bold fropt and is hitting some of the would- be candidates for city ofMces blows whish are hard and effective. Its articles are causing much comment. J. D. McFarland has shied his castor into the ring und has announced himself for mayor, The Third ward delegation was in- structed for him last night. There has boen congiderable epposition developed against him, however, and a meeting was called yeos- terday ovening at the Windsor hotel to put in a delegation at the Third ward primarios in opposition to MoFarland. The opposition to him is summed up in the one word, ‘*Bur- lington.” The First warders met this evening to hoar the report of tho committes appointed to select the delegation. They are instructed for Stephenson for treasurer, N, C. Brock will be the nominee for councilman from this ward. The Sixth ward dissenters met last night to formulate their wrath at the foisting of Pace on the previous mecting. They put in nomination Fremont C. Smith, a prominent hardware merchant of East Lancoin. The Fourth warders met last night in Ma- sonic temple. They indorsed Grant for mayor and W. J. Cooper for councilman, If Graham secures the nomination for the mayoralty there will be a vacancy in the Fourth ward. Supreme Court Proceedings. The fnlln“ ing gentlemen were admitted Lo J. W. Templin, T. T. Bell, A, S “T'he following causes were argued and sub mitted: Greenwood vs Cobbey, on motion to correct bill of exception; Lewis vs Ower MeNair vs Stato ex rel, Powers, Bell Templin, demurrer: Stephens vs Patterson. Alexander vs Alexander. Appeal from the district court of Dixon county, AMrmed. Opinion by Justice Maxwell. Adams County Bank vs Morgan, Error from the district court of Adawms county. Affirmed. Opinion by Justice Maxwell. Llovd vs Reynolds,” Error from the district court of Cass county. Affirmed. Opinion by tice Maxwell, State ex rel, Beatrice vs Benton. Man- damus. Writ denied. Opinion by Justica Maxwell. County of Kearney vs Stein. Error from the distrct court of Kearney county. Aflirmed. Opinion by Chief Justice 1teese. Fisher vs Herror. Appeal from the dis- (rict court of Gage county. Modified. Opinion by Chuef Justice Reese. Oberfelder vs Doran, -Error from the dis- trict_court of Douglas county. Afiirmed. Opinion by Justice Cobb. I and S. O. were ‘the lessces of a large double store building,, in. which they carried on a wholesale millinery business. To this store building was attached and used by 1. and S. O., their employes and customers, in cending to the second, third and fourth f said building, also in decending to and ascending from the basement thereof, and was also used by said L. and S. O. and their employes in carrying goods into and from the different stories of said building, and empty boxes and other litter from the same, an hydraulic passenger and freight elevator. The beams upon which rested the axles or journals of the main wheel or pulley over which raa the cable which sus- tained the traveler or earriage of said eleva- tor were composed of pitte lumber which, at the date of the cause of action hereinafter mentioned by reason of dry rot, in connec- tion with the numerous knots therein had become and was unsuitable, improper and uufit for such use. B. D., husband and tes- tator of J. 1., was in tho employwent of L and S C., either as their servant, or casual @mployed exprassiah, and as such was law- fully upon the traveler or carriage of said elevator, when by reason of the weak, knotted and rotten condition of said beams they split, broke and fell, precipitating said B, D, to the bottom of the basement of said building and bringing down upon him' the said main wheel or pulley, breaking his legs and inflict- ing other injuries upon him by reason of which he soon afterwards died. A verdict and judgment for the plaintiff sustained. Isard vs Kimmell; appeal from the district court of Lancaster county, Judgment for plaintift. Opinion by Chief Justice Reese. 1, A party may waive a condition proce- dent to the performance of a contract after default, in which case he cannot insist upon the forfeiture provided for in the contract as the result of such non-performance. 2. Apurchased of B certain real estate, of which A took possession and agreed to pay the purchase price at stated periods, and to construct a building on the real estate pur- chased. By the term of the contract, whioh was in writing, if the peyments were not made at the titne agreed upon, nor the bulid- ing constrnetsd as required by the written cortiact, A should forfeit all right to the property and B could take possession thereof, the same as if no contract had existcd In an action by A fora specific performance of the contract, wheréin it appeared that A had not complied with the agreement as to time of payment, but there was sufficient evi- deace before the district court to sustain a finding that, by a mutnal verbal agreement made during the existence of the written contract, the time for payment was extended and A was to pay the whole purchase price, instead of the partial payments named in the contract, and that he had made a tender of the purchase money within the time to which the payment had been extended, it was held that he was entitled to a specific perform- ance of the contract. 8. In such case, where B sold the real estate to Cafter A hed taken possession, A being in possession at the time of the sale, G'whe oharged with notioe of A’s rights, and & conveyance to him after A's tender of the purchase price, in accordance with the new contract, was held invalid as against A. 4. The time of performaunce of a contract in writing may be extended by a subsequent parol agreement and no new consideration is necessary, especially where there are mutual acts to be performed by the parties, Dying Walls. ‘The Evuning Call prints the following: The poor old Journal sends up another of its dying wails, and again objects because one of the-editors of the Call worked for Tre OMAuA BEE in this, city, Tue OMAHA Bge is the Journal's nightmare, Tune Bee is more widely read in Lincoln than the poor old Journal, and accérdingly the poor old Journal has nothing bat abuse for all men who ever happened to receive a salary from the great Omaha newspaper. Uity News and Notes. ‘The marriage of Mr. John Albers, of Firth, and Miss Frieda Schroeder, of Princeton, was performed to-day by County "Judge Stewart. On last even ing Harmon D. Hurst and Miss Ellen F. Bardard wore married by the same official. The case of Ed Cerf vl Aaron May was filed in the district mmwdny The case of Sohaefter vs Traver enigagod (b attantion of the court all the llwn?op taken all of the wuk %o far wil probubly last several Bgor. ‘The tri 0! Mnr rennan, the unfor. lmuw ‘woman who me almost, if not oly crazed ‘over hedll tmtmmt of Jerry Hurlnan, who refused v -mr becomin the father of her child, hils boen T e ] ind oo old army friend of Genéral J. bIo' rm-. mmng his old comrade, and was the #" at the evenin, N ight. 1s _detalled at p uhool st Sali n’Al( al Senator Lulu B h r-tunud lrom Obiocago and wu it remain 11 dl.y for the present. It ll und senator and Miss Williams will be mlrrhd &t the close of the session, A 50 cent bottle of Dr. Bigelow’s Positive Cure will J)mmp&ly and thor- oughly cure the worst case of recent ocough, cold or throat or lung trouble. Buy the dollar bottle for chronic cases. Pleasant to take. Goodman Drug Co. Sr e Rt 2 v DEFRAUDED OHILDREN, A Woman Forced to Make Restitu- tion—Other Couart Onsea. In the early days of Omaha Philip Bur. quest was a mail clerk, He died, leaving fthree children and a second wife. She was not the mother of his children. Gustave Anderson figured in Mr. Burquest's will as advisory counsel. He had the widow ap- pointed administratrix of the estate and sub- sequently, as shown in court, she beoame ox- crnmnn.va squandered the property and lived in adultery. She finally sold a piece of land in Kansas that belonged to the ohildren, L 81,100 for it and wasted the money for er own pleasure and benefit. Anderson brought suit against her bondsmen and yos- terday Judge Wakeley decided the case, giv- ing him jucgment for §500. Charles Harvey, the young man who sells Louisiang lottery tickets in Omuna, was ar- raigned before Judge Groff, ploaded guilty and was fined $100. ‘The jury that wrestled with John Reiley's suit against the Cable Tramway company for damages failed to reach an agreement and wore discharged. It voted solidly to bring in a verdict against Lillis, but when it came 10 cinching the cable company one man stood out and could not be changod. About the strangest conduct of a jury sinco this term commenced can be charged up ogainst the twelve who Tuesday tried the case against EMe Smivh, & colored girl, charged of stealing $11 from John Berry- man. They were out all night and failed to agree, William M. Gildirer h: pointed guardian for Harry McCormick, to take charge of his intorest in a caso now pending_ beforo the district court entitled George T, Mill vs Richard McCormick. Judge Groff had a very pretty quostion submitted to him yestorday, in which a clause of the late George M. Mills' will is held to be void. It provides that certain property cannot be entailed for & longer ~period than ten years, while the attorney contends that a limita- been ap- tion should extend through two generations, The point raised is one of illegality. Judge Groff took the matter un- der advisement. At a late hour the EMe Smith jury re- turned a verdict acquitting her. Rosa Andreson was in court afternoon as a witness, Thirteen suits for foreclosure of mort- rages were commenced in the district (ourt by Reuben Ross. Nine were against Mayne and others; three against Mors ris, .! Jones and others, and one against Fred 3al- lard and others. The Mayne property 18 su- burban lots, and the balanco of the realty that Ross wants to satisfy his claim_is out- side of the county. The amount involved in all the suits is about §16,000. Ross is suing on notes executed to loan agencies. The jury in the case of the Bank of Com- merce against Kaufman Bros. returned a verdict for $4,850 foi the bank. @ The case of Hansen against unpvwcn was taken up before Judge Hopew It is a suit in ejectment for the pussusmn of twen- ty-four lots in Florence. Judge Doane's time was oocupied yester- day in the case of Levi Kaufman, ot al, vs Sheriff Coburn, u replevin suit. » The case of petty larceny against Minnio Gentry was concluded at 4 o’clock, and went to tho jury. The case of Charles Kuhlman against the Hanover Fire Insurance company was takeu under advisement by Judge Hopewell. yosterday County Court. Alden O. Mudee begun suit against Clara R. and John E. Bates to recover $908, al- leged to be due on one car load of apples shipped from Coin, In. Stamping and Embroidery. “Yes, Lizzie, I like to do fancy work, but T haven’t felt liko trying that pat- tern—or anything else—for a week. These awful “dragging down’ pains ave just killing me.” “I know how you feel, and I can tell you where to look for relief. Dr. Pierce’s Favorite Prescrip- tion is a certain cure for all those pe- culiar weaknesses and distressing ail- ments. Why! it even cured me of pro- lupsus, and many of my lady friends have been cused of various grave mala- dies pecuiiar to our sex by this wonder- ful medicine.” It is the only medicine sold by druggists, under a positive guarantee from the manufacturevs, that it will give satisfaction in every case ot money refunded. Read gusraniee on bottle-wrapper. —— A Few Lios. Under the heading “Coc the Spy” the Re- publican has collected as great a variety of reportorial fabrications and misrepresenta- tions as can conveniently be accom- modated in one paragraph. Mr. Coe aid not go to the voor house on account of an “attack of rheumatism.” He was not there “four months,” but two weoks. He drew no ‘“money from the Typographical union,” was the recipient of no *liboral sub- soriptions from newspaper offices,” was not “laid up for repairs,” but was simply em- ployed by Tue Bee and paid by Tur Bes while he worked for it. To err is hu n, but you make no mistake if you use Dr.” Jones’ Red Clover Tonic for dyspepsia, costiveness, bad breath, piles, pimples, ague and malaria, poor appetite, low spirits, or diseases of the kidneys, stomach and liver. 50 cents. Goodman Drug Co. Building Permits. Tho following building permits granted yesterday : Max Meyer, threo. enth and Farnam H, 15, Cowyell, two-5t0ry fean dwolling, Orchard H were ory brick store, Eley- 825,000 4,000 Thirtieth 200 Vincent Berkioy ¢ a tion, 614 South Fourtecnth street....... 1,600 D, B Buck, onestory frame dweiling, Grant near Twenty-sixth.. 1,000 David H, church, Capitol ave aear Twelfth C. L. Chaffee, one and one-half. ‘trame dwelling, Windsor Pla Bowman, toreo-stor brick third ave near Burton. 250 G, McDurmott, cottag Cuulell ikt e B, Thayer, threesiory” BrCK Ware- house, Jones near Fourteenth.......... 12,000 Nine permits. . Dr. Gluck eye and ear, Barker blk. Mortuary. Lillie E. Kulp, daughter of Joseph Kulp, haraware dealer 1016 North Twenty-fourth street, aged sixteen years, died yesterday at 2520 Indiana street, Tho funeral will take place to-day at 2 p. m. The funeral of Mamie Nolan will take piace to-day at 8 o'clock from St. Patrick’s church instead of St. Philomena's as already announced through mistake, The funeral ef Nellle Care will take place from 1111 Bouth Twelfth street to St. Phil- omena’s at 8 a. m Catarrhal Dangers. To be treed from the dangers of suffocation while Lying down; 10 breathe f1 eely, sleep sound- 1 \,A undisturbed; to rise refreshed, head I/, brain active and free from pain or @che; fo kilow 0 Know {hat 10 PoLsonoRs putrd mat ter defilos the breath and rots away the delicate machinery of smell, taste and hearing; to feel That the system 8oés Nt Wirouet 1is eirs And arteries, suck up the poison that is sure 1o un- dermine and destroy, 1§ mdnd o bleasiig be joadall other bumax ents. 080 llamunity from lnch e lhuuld uh)ecl of all amicted V\ ho h-vo tried many remedies an Y of nuulornun BANFORD'S meets eve of Catarrh, fro; mfi. most loathsome and d estructive s It and camltltutlmml l'nlmnl l.n relieving, per ;nmn in curing, economical and ue flever- 'BANYOLD, 8 RADIOAT OUWE consts s of one bot- tlootnuuou. (.nn, mu box of CA'I'ANIUAL SoLy. D INHAL Y K Bod 1n ke ment. o with i m-uilo 'OTTER “uo . STON, HOW MY BACK ACHES! Back Ache, Kiduey and Uterine Pains and Weaknesses, Soreness, Lameness, Sirains and’ Paibs RELLSVED 1N ONE MixuTe by uuwn ANTL-PALN Lastun, The frst and oul -killing plaster. Now, gtual, Lndiantancoua .m!' iprallible. The 1most per mt !nM te to Weaknoss &?\Ildtd At l\lflr 44 Iltl cents; or flv for B¢ o DRUG ARD CHEMICAL “If a woman is protty, To moe 'tis no matter, Bo she blonde or brunette, 80 sho lets me look at her." An unhealthy woman is rarely, if ever, beautiful, The peculiar diseases to which so many of the sex are subject, are prolific causes of pale, sallow faces, blotched with unsightly pimples, dull, lustreless eyes and emaciated forms, by v Women so afflicted, can be permanently cured sing Dr. Pierce’s Favorite Prescription ; and with the restoration of health comes that beauty which, combined with good quuhuos of head and heart, makes women angels of loveliness. WARRANTED. “TFavorite Prescription,” is the only medicine for women, sold by druggists, under a positive guarantee from the manufacturers, that it will give satisfaction in every case, or money will be refunded. This guarantee has been printed on the bottle- wrapper and faithfully carried out for many years. It is a positive specific for all those painful disorders, irregularities and weaknesses with which so many women are afllicted. 88 Copyright, 188, by WORLD'S DISPENBARY MEDIOAL ASSOCIATION, Proprietors. DR. PIERCE'S PELLETS: Smallost, cheapest, easicst to take, One tiny, Sugar-coated Pellot a dose. o+ PURELY VEGETABLE and o PERFECTLY HARMLESS, Unequaled a8 a Liver Pill. Cures Siok Headaohe, Bilious Headaohe, Constipation, Indigestion, Billous Attacks, and all dlerangoments of the Stomach aud bowols. 25 cents, by drugglsts. DR. HORNE’S A Flectro-Magnetic Belts The Grandest Triumph of Electric Science—Sci- Gontlemen’s Bolt Bost_ Selo with Electric Hodieal Suspensory, [LYILL QURE You,; ';'*:.::-:.*,-:;-. % by u'.’..n }fl-;.rm‘ Belatica, KI Botenoy, Gatarrn. Plics: n belt In Just wlml."un e o family oan woor ¢ one 5 $3s TESTIRONIALS Foeor h-fi;“’n‘;‘fi"*{ Sommission nu'rcabul‘ nutne and Dot GERT . Lo, FEREN( SRS ek Sl Franciseo and CI antly” el J; Hoagland, it & ormontown, Towny ster works, South 1 entifically Made and Prnnllcnlly Applied- M:;IIISEASE GURED WITHOUT MEDIBINES i e "g-.v(,..q o o, Lot | ampiso; belt has accomp plished what no other re du c! , N. Y. ady nurv»llmlevn!onlhln' p at night.'” Rol:l.. llll alderma 50 East 39th Ftrtml Now Yor) ~ EU;P;?WRE WEAK. NERVOUS PEOPLE." M t1v, 7 60 days. e PR, Joname nfiam. 16| il e iagmitefiel. ST RIS 16 : orRb e s Sompies -‘“;E"‘ ..'3“’.1‘{... and .&# DR. W. J. HORNE . inventor, IQIWabash Avenue, chlca 0. HIMEBAUGH & TAYLOR, Hardware and Cutlery, Mechanics’ 1ools, Fine Bronze Builders’ Goolds and Buffalo Scales. 1405 Douglas St., Omaha. STRANG & CLARK STEAM HEATING CO. Steam and Hot Water Heating and Ventllatmg Apparatus and Supplies. Engines, Boilers, Steam Pumps, Etc. FLORIDA LANDS For Sale or Trade. Rosidence property, orange grovos, town lots, and desirable unimproved lands suitable for winter hsmus, for saleor to trade for western mmon farm lands. Correspondence solicited L .0. GARRETT, Orlando, Florida. TYLER DESK 00. 87, L0UIS, M0, 0, 5. A, Makers 07400 Different 8iyles of FINE OFFICE DESKS BANK 00 00URT UNTERS, HOUSE FURNITURE, TABLES, CHAIRS, &. 00 Page Illustrated Oatalogue Free. Postage 7ots, NEBRASKA NATIONAL BANK U. 6. DEOSITORY, OMARA, NEB, Capital... . +8400,00! Surplus Jan, lsl "1886 vesese D2 OFF AND DIRECTOHRS: HENRY W. YA'N-‘H Drosidont, LEWIS 8. RERD, Vice Presidont, AE TOUZALIN, V. MORSE, JDHN B, (XdLLlNS NG NI, PATIC W. . 8, HUGIIKS, Cashion, THE IRON BANK, Corner 12th and Farnam Sts, A General Banking Business Trasacte.d AYCTATE N GUITARS fifi%fis & '!song# w\e;s@' SEND FOR ILLVSTRATED (ATALOGVE FREE Wyommg‘lm Lands And all necessary papers I‘lllsd W. E. HAWLEY, Givil Engineer, CABPHE, WYO., or OMAHA, NEBRASKA T. E. CILPIN, FiRE [NSURANCE BROKER, Boom 63 Traders' Bullding, CHICAQCO. e 1 T T vo gomucu AEm'mn LAW EASTERN TRUST FUNDS A large amount of money to loan on im- proved real estate in the city of Omaha, These funds will be distributed in sums to sult, but large loaus are preferrod, Applications may bb made to E. 8. BISBEE, First National Bank Bullding. Representing I!I.AKE. BOISSEVAIII & 00, AI)I)LPH BUISSEVAN & 00, Amsterdam, Holland. Transact & generai banking businoss. Securitles boughit and sold on commission. Foreign exchanges, Commercial and tra; ors of crodit. Orders for bond au executed on com sion in London aad on Al Contlashial Boumes bt urope. Negotiations of Rallwey, Btate, City and Corperss tion Loaus & spociaity, g b DEARRRIES Addrons o alion ¥,