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DAILY BEE. PUBLISHED EVERY MORNING. i ARAMS OF SUBSCRIPTION. (lbngn. Rditon) fncluding SUNDAY enr. A Ory1ce, Nos. 014 and 916 FA 1AL OFFICH, 107 RooxsRY Bompixa, kW YORK OFFICE, ROOMS 14 A UILDIN (va aroN Orrioe, No. 618 WERENTH STRE e SRUSTIEN O 0 munieations relsting to + dortal mfi\u‘; should be sddressed to the EDITOR ‘oF TnE BER. NESS LETTER! s ki sermttantes should be At postbifce orders ¥ ATA. Drafts, checks and pos iads pryai 10 tho order of the COMPARY. k6 Bee Pablishing Company, Proprictors E. ROSEWATER, Editor. THE DAILY BEE. Sworn Statement ol Circulation. | Btateof Nebraska, | .\ County of Douglas, {** sl George I, Tzschuck, secretas " NshingComvany, dovs solemnly swear that the of The fles Pub- actual circulntion of THE DAILY BEk for the . week ending June 1, 180, was as follows: Funday, May 4 Monday, May nesdny, M, o Vednesday, M Thursday, Ma Eriday, May 3 G 1S . TZ8 K. Bworn to before me and subscribed to in my presence this 1sv day of June, A. . 1589, Beal. N. P. FEIl, Notary Public. Btate ot Nobraskn, | . Jouslas, {59 Tzschick, being duly sworn, de- and says that he'fs socretary of Tho lieo blishing company, that the actual average daily circulation of' The Duily Beo for the ~ month of June, I¥§ 10,212 coples: for July, ¢ KB, 18,088 copies; for August, 1858, 18,153 copies: r Beptember, 1888, 15,154 coples: ' tor October, 8, K084 _coples; 'for November, 18:8, 18,98 coples: for December, 1845, 18,22} copiés: for JunuAry, 188), 18,574 copies:' for Fobruary, 1889, 18,006 es; for Marcn, 1880, 15,851 copies; fox Akvm. 1&0. 18,559 cnplmé for Muy, 1.& coples. gwom to before me and subscribed in my [Seal.] q‘l;:uvnua this 3d day of June, A. Di, 0, N. P. FEIL, Notary Public. DECORATION day knocked the pins out of the bank clearings last week. THE binding l.—wine trust appears to have found rope enough to hang itsell. i IF OMATIA is to becomo the convention 3 city in 1892, where are the hotels and the auditorum for the occasion? THE Republican has just discovered that rotten cedar blocks have been used in the pavements of Omaha. —ee OMAHA capitalists need not stand around with their hands in their pock- ets waiting for something to turn up. LeT contractors of public works begin .operations without further delay. Every day wasted is a day lost to hundreds of “laborers. SOUTH OMAHA is nothing if not en- terprising. A seventy-five thousand- “dollar opera houso is the Intest evidence ~ of packing-house culture. ° A CIRCULATION which is based upon papers given to people on trial may be good enough for the affidavit man, but for the advertiser it is a delusion and a snare. THE authorities of Dubuque have no- tified all suloonkeepers that they must pay theiwr licenses promptly or their shops will be closed. Dubuaue is lo- cated in Towa. A SKIMMER is not so full of holes as the ‘‘agreement among gentlemen” is .likely to be by the time the rate warin- augurated by the Burlington & North- ern is in full blast. zards, eyclones and prairie fires of Dakota, Nebraska and Kansas are not worthy of mentiont in the same breath with the horrible floods of Penn- sylvania, Maryland, Virginia and New York. THE republicans of Ohio have served motice to the democrats of that state to put on their armor. The political cam- paign soon to be waged among the Buckeyes is not going to be a milk-and- water affair. ALLthebli B THERE is a chunk of cold comfort for the west in the announcement that an Indiana man will succeed to the va- cancy on the supreme bench., As long 88 Indiana is provided for the rest of the country should be content. THE appellate court of Chicago has ‘handed down a decision to the effect jhat the city authorities can not pro- ibit citizens from marching in proces- pions through the streets of that city. fThe case is likely to be appealed to the ‘supreme court of Illinois, em————— _ DAvID B. HiLL, of New York, has not 1 lost his craving for the leadership of i the democratic party, but the attempt o stir up enthusiasm in his behalf in the west and south is acknowlged by leading democratic papers to be a signal failure. EEEE————— K To BUILD & first-cluss hotel such as ' Omaha wmperatively demunds would i take at lenst eighteen months even Wwere its construction to begin to- morrow. There shouid consequently be mo delay in pushing forward the project §n order to be ready for the Omaha of 1892, Sem—e——— “MATTIE WINSHIP,” a spanking, saucy Yankee smack, has just been seized by a Canadian cruiser near Cape Broton, charged with fishing inside the three-mile limit. There is likely to be some trouble in diplomatic circles 41 “*Mattie” does not come sailing home Bgain. SE—seegeese— TuE number of building permits is- wed and the aggregate value of the “buildings in course of erection for the first five months of the current year compare most favorably with the record ‘for the corresponding time of 1888, dur- ing which the number of building per- mits granted was seven hundred, to the mggregate value of seven hundred and “sixty-five thousand dollars, This year ‘pomothing like eight hundred and twenty-five permits were issued, repre- senting a value of about oue million four hundred and twenty-five thousand The record is a gratifying on is remarkable about this showing the large number of cottages erected the suburbs, which indicate the growth und extension of Omaha. HUMAN VULITURES. Humanity is seandalized by the van- dalism of the wretches who were found robbing the dead at Johnstown. Itis almost incredible that i~ a civilized land there are beings so utterly devoid of every instinct of kumanity as to go about plundering the lifeless bodies of the victims of such a calamity as that in the flood-swept Conemaugh valley. In that most terrible catastrophe there would seem to be nothing wanting to touch the sympathies and awaken the pity of the most hardened. Or, if not this, it would seem that the worst of eriminals would be awed by such a fearful scene of death and dis- aster to the repression of his criminal instincts. Must we conclude that there are natures so debased, brutal and fiendish, living in this enlightened land and claiming the privileges of free men, that every spark of human tendérnegs and pity is extinet in them? The ncts of the ghouls at Johnstown show them tc be such. Fortunately there was swift and summary retribution for some of these wretches. The dead they mutilated did wot suffer, but, none the less, outraged humanity needed to b avenged, and it was. It was the highest justice that strangled some of these monsters to death and drove L others to their last account in the surg- ing flood. The regretis that any of the fiendish ghouls escaped. The examples made, however, will have a wholesome influence in deterring others of like na- ture, besides which the precautions taken will doubtless prevent a repeti- tion of this most heinous crime. —_— A BUBBLE PRICKED. When a man, walking through the woods, becomes frightened, he whistles to keep his courage up. This:is strik- ingly iilustrated by the course pursued by one of our contemporarics. For more than two years its proprietor has been vainly trying o keep his news- paper balloon from collapsing in mid- air or sinking into the sea of oblivion. To lighten his burden he throw over- board the world-famed humorist; he dismissed the artist that made chalk pictures for his patrons, and finally dropped Fred Nye from his sky-loft. Tho balloon still kept tending downward. Then he improvised a Sunday annex to the balloon in hopes that it would afford him relief. DBut this venture was a complete failure. The patronage that was expected to float the air-ship did not materialize, because the World was utterly unable to cope with any of its three Sunday rivals in point of quality or quantity. R With disaster staring him in the face our intrepid balloonist is trying to keep his courage up by vain-glorious vapor- ings about the wonderful prosperity of his tottering concern. For months he has been scattering papebs right and left, not only in Omaha, but in every town on the roads leading into the city. Not content with simply blowing bubbles about his in- flated circuiation, he issued a cir- cular to merchants, the palpable intent of which was to procure a trans- fer of patronage from 1THE BEE to his own sheet by representing THE BEE as being on the decline. This transparent imposture proved a boomerang with our merchants, who only hold in contempt aconcern that seeks to injure a com- petitor which it can not hope to rival. Moreover, our business men can not be easily humbugged. They know where they get the largest returns for their money. And now another attempt is made to 1mpose on the credulous. The Omaha Evening Bubble claims at last to have distanced THr BEE in its imaginary race for supremacy, and a fictitious comparison is made to show that the World exceeds by about two hundred copies the city circulation of THE BEE. To the credulous this may sound very plausible, but we happen to be in posifion to prick this bubble with figures that can not be truthfully contradicted. Two weeks ago THE BEE started to take another house-to-house newspaper census in order to put an end to vhe cheap clap-trap about rival local circu- lations. The returns from the can- vassers, embracing about five-sixths of the territory covered by carvier de- livery, show that within that radius THE BEE delivers a fraction over six thousand copies to regular suhseribers, while the World throws around in the territory a fraction over two thousand eight hundred papers by carriers. But it also transpires (what is well known to most of our citizens) thata very large percentage of this so-called circulation of the World is delivered on trial. In other words, given away to people who have not subscribed. On the con- trary Tie BEE is the only Omaha paper that does not resort to this method of promoting extraordinary growth. Further particulars will be forthcom- ing when the census has been com- ploted. Meantime & nowspaper bubble has been pricked. TRUSTS IN THE SUPREME COURT. Too little attention has been given to a decision of the United Stutes supreme court just beforo 1its adjournment, so far as it related w trusts. The case case was that of the superintendent of the Equitable Gas company, of Balti- more, against the Consolidated Gas company, of that eity, brought to re- cover fifty thousand dollars for services in effecting & combination between rival compames. The two companies thus combined agreed to raise the price of gasto one dollar and seventy-tive cents per thousand fect, and to pool their ravenues and divide them on a stipulated basis. The purpose was to destroy competion, establish a monop- oly, and force the public to pay a higher price for gas. For having brought this arrangement about the superintendent of the Equitable company presented a claim for fifty thousand dollars, which was rejected by the Consolidated com- pany on the ground that it had not agreed to pay for this service, ‘The defondant pleaded a law of Mary- land, prohibiting any combination or contracts between gas companies, and while Chief Justice Fuller, who de- livered the decision. held this law to be abar to recovery by the plaiutiff, he wea farther in declaring combinations of this kind to destroy competition and raise prices to be against public policy and therefore unlawful. Innumerable cases, said the court, might be cited to sustain the proposition that combina- tions among those engaged in business impressed with a public or quasi public character, which are manifestly pre- judicial to the public interest, can not be upheld. The law, it was held, can not recognize as valid any undertaking to do what fundamental doctrine or legal rule directly forbids. ‘It is also too well settled to admit of doubt that a corporation can- not disable itself by contract from per- forming the public duties which it has undertaken, and by agreement compel itself to make public accommodation or convenience subservient to its private interests.” The application of this view, proceed- ing from the highest tribunal, can not be difficult. All corporations whose business is of a public or quasi-public character, as railroad, telegraph, gas and water companies, can under this decision be reached by tho courts in the case of Gombina- tions ‘“‘which are manifestly pre- judieial to the public interests.” Tt is also important to bear in mind the view that corporations which have un- dertaken the performance of a public duty can not disable themselves by any agreement that would diminish their power to perform that duty. This opinion does not distinetly: apply to combinations of private corporations, but it ‘does vecognize an authority to deal with these. That is, if notal- ready within the reach of the courts they are not beyond the power of the logislatures. In effect it declares that all combinations made to promote what a statute has declared to be wrong are void. The importance of these opinions from the highest court of the nation is very great at this time when the vital questions as to the legality of trusts and combines are everywhere re- ceiving attention THE HOSPITAL JOB. The report of Superintendent Coots on the condition of the new county hos- pital confirms the charges of THE BER in every particular. In material and workmanship the structure isa costly fraud. The plans and specifications have been totally ignored in vital par- ticulars, There was a systematic at- tempt to defraud the county and unload on the taxpayers a cracked and crumb- ling rookery. The county commissioners were warned time 2and again of the dishonest methods of the contractors, and their wilful disobedience of orders. But the commissioners approved their estimates and paid out the county’s money for in- ferior work. These payments have gone 80 far that it 18 doubtful whether the per cent retained will cover the cost of the changes which Mr. Coots asserts are necessary to make the building safe and habitable. The whole job is a disgrace to the county. Had the commissioners given the contract to responsible, ex- perienced men the county would have been spared the disgraceful proceed- ings which have marked the hospital job from its inception to the present time. HELP THE SUFFERERS. The deplorable condition of the home- less, destitute and bereaved people at Johnstown, Pa., and other points in the Conemaugh valley swept by the flood, maxes an appeal for aid that should be heard and responded to generously in every quarter of our prosperous land. The appalling experience of these un- fortunate people, deprived in a few hours of all they vossessed and now sitting in bitter sorrow by the coffins of their dead or seeking in unspeak- able anguish the victims of the relentless torrent, has aroused a universal sympathy. Everywhere the harrowing and pathetic details of this most terrible culamity, unparall- eled in this country in the fearful de- struction of life, have been read with profoundest sorrow. Thousands of men, women and children hurried to death in the mad waters, Hundreds of homes, with all they contained, swept away, leaving no vestige to show where they once stood. Happy and prosperous communities decimated and reduced to destitution almost in the twinkling of an eye. A fair valley, clothed with verdure and musical with the hum of industry, turned into o desert of mud and a region of woe and suffering., It is an awful catastro- phe, the merest recital of which must awaken the deepest sympathy ot all who can feol for the sorrow and wmisery of their fellow-creatures. These most unfortunate people must be gencrously cared for. It is not enough that their immediate necessi- ties are provided for, as is being done. There should be such provision made for all their wants as will carry them through the long period that must elapse before they can replace by their labor a small part of what they have lost. Every prosperous community has a duty to perform in this matter, and among these Omaha should not be the last or the least generous in responding to this duty. Mayor Broatch and other citizens have issuad a call for a mass meeting of citizens Tucsday evening, and Manager Boyd has tendered the use of the opera house for this purpose. Every citizen who has a dollar to give to this cause should attend this meeting, to the end that Omaha's contribution to the sufferers shall be worthy of the city and a substantial assurance to the sorrowing and destiwte people of the Conemaugh val- ley thut the sympathy their awful expe- rience hus evoked is as profound aund sincere in this western city as among the people who are their nearest neigh- bors. Tho spirit of philanthropy in the presence of such a calamity should know no lines of state or section, With the universul symputhy there should be uni- versal help for the objects of sympathy. It is Lo be hoped the opera house will be filled Tuesday evening by people who will go there prepared to give to this most worthy and urgent cause. e L1k operation of the alien law pussed by the Illinois legislature will be watched with considerable interest in labor circles. The law prohibits the employment of aliens in state and muni- cipal works, and contractors of such works are subject to its provisions. Tt is a new departure in state legislation, and is not likely to benefit those for whom 1t is intended. Like all laws passed for n poMtignl purpose, it will sorve as a rallying cry for the dema- gogues during c} igns and become a dead letter in ¥prgetice. The great need of labor isyg , making arbitra- tion of disputes between employer and employe compulsory: DENUDING the country of its great forests is undoubtedly one explanation of the great floods of recent years in the valleys of the Ohio, Susquehanna and the Delaware. Thirty or forty years ago, when the sections now flooded were heavily timbered, they suffered from no such floods as have been experienced in later years since they have been largely denuded of the forests. Those who have given careful attention to the matter maintain that these disastrous floods are largely due to the disappear- ance of the forests, and this view is cer- tainly not to be dismissed as wholly chimerical. TKE annual report of the Pacific Mail Stenmship company has just been made, and the earnings for the year ending April 80 were eighty thousand dollars in excess of the earnings for last year. Itis just eight months ago that President Huntington testified that the shutting out of Chinese immi- gration would seriously cut down the revenues of the company. Facts prove that Mr. Huntington’s fears were groundless. Whatever loss has been sustained by the stopping of the coolie traffic, new avenues of trade have been opened up to the advantage of this steamship line. An Every Day Affaiv There. Chieayo Times. A member of the Rhode Island legislature is accused of buying his seat. If he were only a momber of the United States senato nothing would be thought of such a charge. L T T Like Keely's Motor. Philadelvhia Press (Rep.). Already the friends of ex-President Cleve- land are areaming of eleeting him a United States senator to succeed Mr. Evarts. The scheme looks well, which is to say, it won't work. —— A Crude Method. Louisville Courisr-Journal. Those fellows fn Arizona who ambushed the United Statés paymaster to get Uncle Sam’s money are a dull set. Thoy should have gone into politics, taiked patriotism, and got a really good whack at the treasury. Two Unnccessary Institutions, Toledo Blade. It is all well enough to say that America needs trained diplomats, but when we can send commissioners abroad that can beat Bismarck at his own game, the founding of a college of diplomacy is not a pressing want. At least it can wait until our schools of journalism get better established. —_—— Governor Hill and Mr. Garigle. Chicago Tribune. The portrait of Governor Hill, as printed in the New York World of Friday morning, bore a strong resemblance to that of the eminent Chicago financier who has just re- turned from Canada. This coincidence may or may not be regarded as having some bear- ing on the tuture greatness of New York’s distinguished governor. S Firm, Dignifiea and Moderate! New York Mail and Express. The bitterest enemies of Mr. Blaine can- not deny that he has conducted the foreign affairs of the United States with a truly praiseworthy degree of firmness, dignity and moderation since he has had charge of the state department. His course in regard to our claim of Behring Sea is not likely to be out of accord with his previous conduct of our foreign relations. Cool, wary and de- termined, the Hon. James G. Blaine is a gentleman who is pretty sure to know what he is about. 2. e e He Wrote “Darling Nellle Gray." Columbus Press. There 18 a little green mound and humble slab 1 a secluded corner of Otterbein ceme- tory, about twelve miles north of this city, which mariks the grave of the author of that famous ballad, “Darling Nellie Gray.” A visitor to the spot learns from the mscription on the stone that it is the lust resting place ot Benjamin Russell Hanby. The seclusion of the tomb, the neglect shown it by all save a fow relatives, and the general ignoranco of 1ts location form another illustration of the forgetfulness of the human race, Cln A i FRENCH AFFAILRS, McLane Talks of the Exposition, Poli- tics and Boulanger. New York, June 8.—[Special ‘Yelegram to Tax Beg. |—Robert M. McLane, ex-minister to France, arrived here to-day and was in- terviewed concerning French political affairs and the exposition. In speaking of the latter he said the American exhibits, in the matter of machinery, were not at all satisfactory. Edison’s electrical exhibit was the greatest in the exposition and the most wonderful portion of it. Speaking of the political insti- of France, McLane said there is no 'y in the world with free institutions that could not improve by their example. Al- though there is u strong dynasty element op- posing the republican form of government, the majority of the Beople of the legislature are devoted to republican institutions, The purity of the ballot and the independence of the electors are far . groater than they aro either in . thid country or _in Great Britain, The election laws offer much greater rotection and much greater privacy w0 ypters than those of the great majority,of pur own states, and however earnest 4pd ,impressionable the French voter may be, he is absolutely in- dependent and inco: ugl,lblo if & mun woula dare bribe him. | recall of the Duc d’Aumale does not Judicate a political reac- tion in any degrge, byl was a spontaneous act of justice, dol ded by popular opinion and the moral end of the country, *'As to General Bgulanger, I have always maintained Zrienaly relations with bim aud [ have never believ ‘i at he would abandon the republie, nownv&'ln giuch those opposed to it seek his support. ut I am very sure if he should abandon the republican party, they iu their turn will ubandon him. All of 'his ens- mies say thut he will turn up on the republic, and all of bis fricads sav that he will not. As 10 his intluence, 1t hus decreased a little. He certainly has not the same influcnce that he had before he left Frauce.” e T New Corporations. Phe Conservative Loan and Building asso- ciation, with @ capital stock of £200,000, flled articles of incorporation with the county clerk yesterday. The object of the company i8 to buy and sell real estate, erect buildings and do general business in that line. The incorporators are M. N. Green, WV, . Allen, T, F. Williams, Louis Schroeder, John W. Gurke and A. J. Hunk. PlowsChloides,ihe Best Disin ocrant chemically destroys discase-breeding matter. DIDN'T KNOW "TWAS LOADED. A Negro Boy Kills a Playmate at Linocoln. PLAYING HE WAS A SHERIFF Report of State Institutions—The Irish National League — Sue preme Court Decisions ~News and Notes. LIXCOLN HURBAU or Tas Ovama Bun, 1020 P Staeer, } Laxcony, June 3. James Estes, a colored lad sixteen years of age, was arrested, this morn'ng, for the mur- der of Walter Johnson, also colored and about the same age. The crime for which young Estes was arrestod was committed in this city, last night, about 9 o'clock, on Fifth street, between C and D, in what is known as “‘nigger town.” Iistes and Johnson and a number of other boys, both white'and black, were playing in the sureets at the time the tragedy ocurred. Ellis Vance, one of the party, had a revolver and he handed it to Iistes with the remark that it was not loaded. Taking his play fellow at his word, Estes seized it, declared himself to be a sheriff and pointed it at Johnson, and told him to hold up his hands, This created a deal of mirth among the boys, and the re- volver was snapped while covering Johnson once, twice and thrice. The hammer was puiled back for a fourth time, and to his con- sternation, on pulling the trigger, the ro- volver went off and Johnson fell back dead. The ball entered his mouth, ranged upward and lodged in his brain, not coming out. Hstes was terror- stricken at the result of his foolhardy play. Ofticers were soon upon the scene, but at the timeno arrests were made. The coroner summoned a jury, which viewed the body and adjourned until 7 o'clock this evening, when the inquest will be formally held. No one tiinks that Estes did the shooting with malice or forethought, but that it was tho result of recklessness. The verdict of the jury was i _accordance with the facts as above stated. Estés, how- ever, was held to the district court on the charge of manslaugnter. Both Estes and Vance, the owner of the revolver, had their preliminary hearing this affernoon in ad- vance of the inquest. Vance was dischurged. The jury in its finding indicated criminal carelessnoss on the part of Estes and the verdict met with general upproval. Irish National League. The regular meeting of the Irish National league was held at Fitzgeraid hail yesterday afternoon, with a large audience present. The meeting was one of more than ordinary interest from the fact that excelient talent had been sccured to rendor avpro- priate music for the occasion, also from the fact that the question of electing delegates to the nationsl convention wus made a sub- ject for discussion. retary Sutton an- nounced that he had received a cabled re- quest from Parnell to postpone the conven- tion until after the present session of parlia- ment. ‘This action was asked for to enable Parncll and a large delegation of Irishmon to attend the convention. The election of delrgates was therefore delayed until the date of the national convention is agreed on. A letter was read from E. H, Andrus, wherein he offers the use of Cushman park to the league for a grand picnic during the months of Juneor July. New Notarles Public. The governor to-aay appointed the follow- ing Nebraskans notaries public: J. S. Will- iams, Ogaliala, Keith county; H. C. Howe, Ponca, Dixon county; S. S. Green, Beatrice, Gage county; Grace McFarland, Omaha, Douglas county; S. S. Waters, Amelia, Holt county; C. J. Johnson, Omaha, Douglas county; E. Halstead, Ponca, Dixon county; E. W. McMahon, 'Omaha, Douglas county; J. Levy, South Omaha, Douglas county. Beatrice Starch Company, The records in the oftice of Secretary of State Laws show that the Beatrice Starch company hes become a legally incorporated institution. Its purpose is stipulated to be the manufacture and sale of starch, corn, flour and any and all other articles in any way pertaining to the business. The capital stock authorized by the compauny is fixed av $100,000. Business commenced June 1 and continues thercafter for a period of fifty years. Incorporators: O. Cochrane, C. C Risley, W. C. Ballard, E. W. Stradling, E. Rodwick and A. C. Scheiblich. The bank of Benkleman also filed articles of incorvoration. Business commenced Sep- tember 1, 1887, on an authorized capital stock of $25,000. Incorporators: John R. Clark, V. Franklin and Oscar Callihan, Report of State Institutions, ‘Warden Hopkins, of the state penitenti- ary, reports as follows for the month of May: Convicts in prison May 1, 851; re- ceived from courts during the month, 34; total, 835. Number whose term expired auring the month, 10; pardoned by the gov- 2; released on commutation of sen- 21 total, 14, Remaining in prison May ntendent Mallalieu, of the state in- dustrial school,also reports as follows: Girls received during the month of May, num- of boys, 5; total, 13, Number i attendance —family A, 69; family 13, 42; family ); family B, 43; family F, 45; total, 246, G, The report also shows that 8 members of his charge are out on parol. In_the tailor shop 270 new articles werb made and 1,040 re- paired. In the shoe shop 85 pairs of boys' and girls' shoes were made and 116 repaired, and the work is valued at $310.30. In tho girls’ sewing room 423 articles were made and 916 repaired. Supreme Court Decisions. The following decisions have boen handed down by the supreme court: Burgo vs the state of Nebraska. Error from the district court of Douglas county; affirmed; opinion by Chief Justice Iteese: 1. Where an information was tiled against A, charging him with an attempt to kill B, he pleaded **not guilty and usked for a con- tinuance of the case upon the ground that certain persons named who resided out of the state were necessary witnesses; “‘that hecan prove by each of said witnesses that this yfli- ant has suffered from hLereditary insanity to a greater or less extent all through his life; that he inherited the same frow his wother,’! etc., there being no allegation that there were no other witnesses by whom tho same facts could be proved, aud no allogution that at the time of the commiting of the offense complained of the accused was unublo to dis- tinguish right from wrong in regard to the particular act charged. Held, that the afi- davit was wholly insufiicient o justify a con- tinuance. 2. Where the opinion of an expert is sought upon the question of the insanity of the ac- cused, the hypothetical questions to such ex- pert must be 8o framed as L fairly reficct the facts admitted, or proved by other witnesses, 8, Instructions examinod aud held aot erroneous. Clicago, Burlington & Quincy Railroud Compuny vs Clark, Error from the district court of Lancaster county. IReversed und remanded; opinion by Chiaf Justice Reese. City_of Omaha vs Schaller. Error fromn the district court of Douglus county. Afrined. Opinion by Mr. Chlef Justice Reese. 1. In an action against & municipal corpor- ation for damages sustained by @ lot owaer by reason of tae exeavation of a street in front of the property, for the purpose of re ducivg it to an estabished grade, the ques tion of the proper wethod of proving dam Wi, U AU SR WP IO Ui 4y MO0 03 JUN|2 QU W SLVORq UUE USLAY ‘BA0II0 30§ IO U 'PIITO © KU S O WV 201 SASH GM ‘IO SV £QUY UO "Bld015¥) SJ0ydlld Joj i ueipiIyY oan not be for the first time raised in tho supreme court. 2 &oem benefits which should be de- duo from damages sustained by real es- tate by reason of ublic improvement must be such as especially benefits the particular roperty damaged, aside from benefits con- ferrod on other vroperty nnenll{in n the neighborhood of, or adjacent to the improve- ment. 8, Instractions examined and no error found in such as were given and in refusing hose nut given. Sloan vs Coburn. Frror from the distriot court of Douglas county. Reversed and re- manded. Opinion by Chief Justice Reose. Where the grantor of personal property was heavily indebted at the time of the con- veyance and soon after the trausfer made statoments in derogation of the bona fides thereof on his part, in a contest between tho grantee and the creditors of the grantor over tho prop erty, the creditors alleging the sale to have been fraudulent, such statements are proper to be proven for the purpose of show- ing fraud on the part of the grantor at the time of the conveyance. But not for the pur- vose of showing fraud on the part of the grantee, or pf impairing his title, 2. Where property is replevined from an officer who has possession by virtue of a levy of an order of attachment, and the trial of the replevin suit results in a verdict and judement in favor of the officor, is moasure of damages is the amount dus tho attach- ment plaintiffs at the timo of the levy of the order of the replevin (with the value of the property), and not including writs of attach- ment which came 1n his han fter he had been dive sted of his possession by the re- plevin proc cedings. 3. Where a debtor, for the purpose of se- curing a debt, conveys personal property to his creditor, giving him the possession thereof, with the authority to the creditor to sell the same and account to_the debtor for the surplus after paying the debt so secured, together with the necossary expenses of sale, ete., the instrument by which the conveyance mado will be treated as a chattel mortgage, as well between the grantee and the crodit- ors of tho grant or as botween the parties to the transfe: 4. Instructions given to a fury upon the trial of a cause must be applicable to the evidence adduced. 5. Evfdence examined and held not to sustain the verdict. A Murderous Fight. George O. Walker, the bartender at snloon, and Thomas Pickle, the vortly restaurateur of the same block, got nto an altorcation that came near ending in murder to-day. Walker used a hatohet he had in his hand freely, and Pickle got the worst of the deal. - He was bruised consid- erably in the fight and when they were sepa- rated, was biceding like a stuck hog. Walker was arrested for assaulting with a deadly weapon and put under bonds to ap: pear for examination’ Wednesday, while Pickle's recognizance was taken in the sum of $100 to appear as a witness. City News and Notes. W. W. Smith was lodged in Hopkinsville to-day by Sheriff Winchell of Perkins county. He will do forced penance one yoar for burglary. Governor ‘Thayer, Auditor Benton and Treasurer Hill returned to-day from Fort Worth, Tex., where they have been recre- ating for a week past., Hon. E. M. Shaw, assistant inspector- general, G. A, R., of Soring Creek, Johnson county, was iu Lincoln to-day, en route for Grand Island and other points of the stawe for the vurpose of conferring with other Graud Army dignitaries. Commandant Hammond, of the soldiers’ and sailors’ home, Graad Island, was in Lin- caln to-day to make his monthly report ana settlement with the board of public lands and buildings, which was in session for the transaction of monthly routine business. Church Howe, of Auburn, was here to-day to put in a clain for hounty vn wolf scalps. 1n alot of 100, he had a genuine red one, branded **M.” captured among the hills skirting the Mssouri, and he got very red in the face when Deputy Auditor Bowerman refused to allow him but &1 for it. Church says it pays better to raise pumpkins. Sty oot e STATE AND TERRITORY. Nebraska Jottings, The sporting men of Bancroft are making arrangements for a race track. The contract for erecting a wing to the Chadron academy has been let, to cost £10,500, There are 2,642 children of school age in wes county, an increuse of 400 overa ur ago. ‘The citizens of Chase county have organ- ized an association for protection against horse thieves. What is supposed to be hydrophobia has carried off eight head of cattie belonging to B. A. Roberts, of Albion, F. W. Ault and Mrs. May Allen have the honor to be the ‘first couple married in the new county of Thurston. ‘Che Richardson county teachers' institute will be held at Salem, commencing July 29 and continuing two weeks. Headstones furnished by he government —— e — L - were tod over the graves of five old sol. diors at Hebron last wook. Sickness has compelled Fred E. Seoley to disposo of the Clearwater Meossage, and tho papor has beon purchased by Shortt, Stock- well & Welch, The depot grounds for the Yankton, Nor- folk & Southwestern, at Norfolk, have been located in Verges' addition, between Third and Fourth stroots. “The annual mnmmr of the old sottlors of Cuming county is to ba held at West Point on the 10th inst, for the purposo of makin: arrangements for colebrating OI1d Settior ay. Four hundred Keya Paha citizens have signed a petition, addressed to the Nobraska dalegation, praying for tho appointment of Hon. A. J. Burnham as Indian agont at Rose bud ageney. lowa Item: ‘There are 134 national banks In Towa. Creston hopes to secure free mail facilities in a short time, Dubuque is to furnish Sheldon with & $15,000 cracker factory. Thirty saloons have been closed in Fort Dodge in the last two months. The southwestern Iowa editors will nold a meeting at Corning, June 11. L. P. Monroe, sent to the penitentiary in 1877 from Sac county for fifteen years, has been pardoned. Citizons of Belmond have subscribed a £3,000 bonus and will secure & fanning mill factory in return, It is said that more breaking has been done in Pocahontas and Calhoun counties this year than in any other season since their organization, A longheaded Washington county man last year started a fish pond of which he is now quite proud. The pond contains about a uarter of an acro, and is supplied by his rain tile. He put eight little innocent Ger- man carp into it last May, and now ho has three schools that ho estimates contains 20,« 000 fish, in size from an inch and a half to four in length. A man living near Fairfield in Jefferson county, stocked a pond with carp about five years ago, and makes a good thmi out of it now. Charles Koestner, a Des Moines county farmer, has such a pond, started three years ago, and now is catchiog lots of four and five pound carp. The Great Northwest. Old-timers at Helena celebrated tho twen. ty-fifth anniversary of the organization of Montana as a territory on the 25th ult. Thomas Riley, the deputy postmaster at Marysville, Cal., who had charge of the of- fice, and who is blameworty for the shortaga in its accounts, has gons to Australia, His peculations amounted to $2,000. Several hundred song birds, lately received from Germany, comprising nightingalos, sky- larks, thrushes, starlings, gold, green and bullfinches, linnets, etc., have been turned 10086 in tho City park at Portland. After looking over matters at Butte and Anaconda, J. B. Haggio issued orders to re- build the burned smelter iinmediately, and both the Union Pucific and Montana~ Union will put in all needed trackage and improve- ments. David Collard, of Missoula, Mont., got up in the night recently, hearing some noise about his chicken house, and fired two shots atrandom in the dark; one of them struck and killed & man named Charles Campbell. Collard was arrested. In the second trial of Mrs., J. Langford against Dr. Henry E. Jones, Portland’s most prominent physician, for $20,000 damages, foy malpractico, the jury returned a verdict awarding $1,000. In the first trial a verdict of $5,000 was a ded to Mrs. Langford. General Bates, a retired English army offl cer of means, is on a tour through Washing- ton territory. When he sat down to dinner at the Occidental hotel, Soattle, a few days ago, he met with quité a surprise. The waiter who took his order was his own wn& who had run away from home to scalp In- dianssome seven years ago, Ho had switched off to hotel scalping, According to the Cheyenne Sun the condle tion of cattle being shipped over the Cheys enne & Northern for the Montana ranges is exciting much eommantwml only here, but all along the road. At Wendover there is a great heap of rowting carcasses that is bein added to every day. Thirty-seven head of dead cattle were taken from one train last week, and the proportion of dead averages one to every car when the few hours' trip over the Cheyeune & Northern is completed. Inhuman treatment is given as the cause, —————— Cora Olark's Denial. Brarg, Neb., June 2.—To the Editor of Tne Bee: In yourissve of June 2 is given what purports to be an interview had with me regarding the Blair postoffice complica- tion. Whatever the facts in the case may be will probably soon be known. But I desird to say that I have not been interviewed, and that I am not the author of the statement at- tributed to me, Cona Crark, P. M, ——a———— A New Mail Olerk. George A. Davidson of Douglas, Neb., re. ceived bis appointment as a railway mail clerk. He takes the place of E. S. Ames, who has rosigned, on the Missouri Valley and Deadwood run. N this age of adulteration there arc few things more difficult to ob- tain of a pure quality than soap. Unfortunately the mischief by inferior soaps is done before their dangerous nature is discovered. The Ivory Soap is god;% pure, so may be relied upon as entirely safe to use. A WORD OF WARNING. There are many white they ARE NOT, but Ii the genuine. 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