Omaha Daily Bee Newspaper, July 12, 1889, Page 5

THE UNION DEPOT PROPOSAL. How the Unlon Pacific Bxpeocts to Becure Its Point. A REDUCTION IN THE COST. The Scheme to Bring About the Erecs tion of the Viaduct—Proposed Extension of the Mis sourl Pacific, The New Depot Notwithstanding an effort is belng mado to keep the terms upon which the Union Pacific and Burlington companies have agreed to construct a union depot in Omaha & secret until the same shall be submitted to the city council, the terms agreed upon have been ascertained. They involve the construe- tion of a viaduct along Tonth® street, be- tween Jackson and Mason streets, and a union depot on the present site of the old cow-shed, At first, the railroad companies announced that the depot alone would cost upwards $1,500,000 The plans have been simplified since that time, and ihe propositisn to go to the city council at its next mecting calls for the construction of a depot and viaduct costing onlv $500,000. The viaduet alone will require the expendi- ture, it is estimated, by a well-known civil enginoor, at loast $175,000. Another new ture of the terms is tnat the two companies will ask tho city to vote either $150,000 or §175,000 bonds to be Xknown as “‘depot and viaduct bonds.”” 1t is said that the railroad companies came to the conclusion that by conneciing the two projects, the taxpayers, in hopes of getting the new depot, would waive their prejudices against the constrnction of the viaduct by the city and vote the bonds as a bonus to the roads. But this is said to be a schome through which the railroad companies intend to not only compol the city to pay for the viaduct, but practically leave ho railroad companies in control of it after it is constructed. Another important foature of the terms is that the Union Pacific will ask vhe city to confirm the union depot company's title to the realty involved in tho depot site and that, occupied for terminal facilities. In other words, the tract of land_ceded to the Union Pacific proper by the citizens of Omaha for depot purposes they will ask to be turned over to the Union Padific company. Judge Kelley, assistant general attorney of the Union Pacific, who bas attended to the framing-of the terms, when questioned, stated that the foregoing involved all the significant chavacters of the terms to be submitted to the councit Tuesday noxt. WILL TAr DAKOTA. Proposed Extension of the Missouri Pacific System. Tho proposed extonsion of a line of the Missouri Pacific system from Omaha to Yancton and thonco up the Jameés river val ley to Huron, S. D , Is roceiving a good deai of consideration just at prescnt from tho Missouri Pacific company. An official of that company informed a Bre roporter yesterday that the company had fully determined to construct the line; representatives of the company had cxamined the country through which the line has beon projected anda pro- nounced it capable of furnishing a paying trafic b the start. Such o line would furnish connection betweon South Dakota and the lower Mississippi and the gulf, and would undoubtealy be o great Yighway for the ex- chango of products. Tt would furaish the Dakota grain flelds a new outlet to the sea. Omaha 1s deeply in terested in this project, as this city's trade would be largely increased by a direct con- nection with the region which the proposed line would traverse. The railway ofiicial referred to stated that from Yankton the line would run up the James valley on the east side of the river, there being unoccuvied territory on that side, while west of the river the Chicago Jines are in possession. Crossing the James ust above Yankton, the road is hikely to be uilt north through Hutchinson county to Alexandria, the county scat of Hanson county, and thence north through eastern Sanborn and Beadle counties to Huron, These counties have a very fortilo soil; oventually the ‘line may be continued up the James from Huron, as the fleld on tho cast sido of the river north of that city is also & very tempting one. of A Conductor's Sudden Demise. William H. Hailey, a conductor on the Col- orado Ceniral, stopped oft in this city en route to Kugland, his childhood heme. About noon yesterday ho suffered an attack of congestion of tho lungs, at the Kuropean hotel, and died sbortly afterward. The re- mains were taken to the undertaking cstab- lishment of Drexel & Maul, where tho fun- eral will ocour this afternoon at 330 o'clock. The interment will take place in Royal Hill cemetery at South Omaha. The deceased had $100 on his person, which will be used to defray the burial expenses. Letters were found upon Wis person indicating that he was @t one time a wember of the Brotherhood of Railway Brakemen at ‘Tulare, Cal. He has relatives in Eogland and Canada, No Small-Pox. The report that tne watering place at Spirit Lake, Ta. , was infested with small-pox is pronounced untrue and is thought to have been sot afioat by parries interested in boom. ing souo other resort. An official of the Elknorn who looked into the report stated that it was absolutely groundless. Railroad Notes. Engine 507, with Charles Speed_on board, has been turned out of the shops for service on the Columbus branch of the Union Pa- cifio Fiyo caboose cars were sent to the Union Pacific shops at Grand Island from Omaha Wednesday for repairs. 118 reported that the men in the shops at Grand Island are supplied with work sont from Omaha which should bo erformed here, thoreby resulting in men e discharged hero, It is reported that the ofiice of construct- ing agent of the Iikhorn and that of the Northwestern at this point will be consoli- dated and that L. R. Holles, now in that position with the Eikhorn, will be placed in charga of both offices. Vica President Holcombe, of the Union Pacific, has roturned from Chicago, where bb attendod mootiog of the railroud presi ents. OBJECTING GO-BETWEENS, Undertakers Ohjeoting to the Hirmg of Oarriages, Since the row which was occasloned among the liverymen of the eity by Stephenson's chavging Sherwnod with boarding undertak- ers’ horses free of cost, some of the under- takers have threatened to change their rules snd withdraw from ordering hacks and hearsos. Said Mike Maul: “'We can woll afford to relieve ourselves of what has come to be an annoying matter, by le*ting the people do thewr own hiring of hearscs and carriages. Uuder our prosent arvangoments, it is worth inore to collect bills thau we got. Oftentimes the proper of decoased persons is tiod up in court,whioh compels us 1o wait weoks, it may be months, for our bills, but the livery man comes around every thirty days, demands his money, and gots iv."” Chronie Rheumatism Oured. Robort G, Eldert, Valley Stream, N. Y., writes: “Iamw a boatman, and upwards of sixty years of age. Ihave suffered sovorely from rheumatisin of the. lower purt of my back. My back ached without cessation, and at times I thought I would be paralyzed. I procured two ALLCOCK'S PoROUS PLasTRus and put them across the lower part of my spie. In twenty-four hours all pain had ceased. At tho ead of a week 1 put on two fresh ALLCOOK'S Ponous PLASTERS, wore them ten days, then took them off, and washod my back with a little alcohowb§l ich remoyed overy traco of the plasters, It is BOW threo months since the plasters cured me, and I feel very wuch stronger and better thau ever before.” SOLD AGAIN, The Organ of Democracy Finds New Owners, Tor the past two weeks rumors have been rife m newspaper olrcles that upon the 10th jnst. an important change in the manage: ment of the Omaha Herald might bo made. 1t was also known that Mr. G. M. Hitcheook, proprietor of the World, had made a propo- sition to the Herald people for the purchase of that papor. Propositions from other sources had Wlso boen made. Tuesday evening & reporter met Hon, John A. MeShano and asked him what disposition he proposed to make of tho property, but he adroitly evaded the question, and respect- fully declined to answer it, but yesterday the report was confirmed that Mr Hitcticock had bought the paper and that ho would take possession of the proporty next Saturday evening, Rumors of the price paid vary from $55,000, 860,000 and_$65,000, but it is known that not move than #40,000 was paid for the property: Transcripts of the Heraid's accounts wero gotten ot ostensibly for. the personal infor- mation of Mr. John A. McShane, who, it is alleged, was anxious, as ho always has been, about just what the Herald was doing. It is said, howevor, that these transcripts were for Mr. Hitehcocl, in order that he mizht be made familiar with the Heruld as a source of reyenue through its advertising columus, Wien Manager Craig took hold of the aper, he and his backers paid McShano 0,000 tor a controlling interest in the vaper, with thoe proviso that if under thonew regime the paper still continued to be a losing invest mont, McShane was to pay out of this $40,000 purchase money all losses monthly as lonz s the money Iasted. When it was soaked up, of courss, somothing else was to be doe. At the timo of Craig’s introduction, Mc- Shane valued the shoet at §75,000, and it was given ont in town thut he had closed out en- tirely and retained nc interest whatover in the paper. This, of course, was not true, Iv is & common report that the Herald has been a loser frow the time of the McShane accession, the losses ranging per month any where from $3,000 to $0,000. When M Craig came out Into the wust with his $40,- 000, it was a godsend to Mr. McShane, as it was the first timo during his career a3 o newspaper owner that he was uot compelled to reach down 1n his pocket and put up his own cash for the paper's monthly losscs Cralg's 80,000 has only satiated the Her- ald’s capacious maw for eight months, which shows that. during his regime the lossos of the concern have averaged something over $3,000 per month. During the past year and o half the concern bas had four general man- agers, twelve different advertising men and five bookkeepers. The reported liabi for balance of purchase money,§25,000; for current liabilities, for paper, ink, etc., $8,000, and outstandings are from $16,000 to $12,000. The cxpenses of the paper under the new management are known to have been heavy and n excess of the receipts to the oxtent of 5,000 per month perhaps. The ciroulation and advertising patronage has increased somewhat and the ratio is In better propor- tion at presont. Mr. Craig, the president and manager of the company, represents the bulk of the stock and is_regarded as a man of excellent avility and_fully qualified for the position. What lus future movements will be can not be stated, but Mr. Peattie, it is understcod, goes back to Chicago immediately. ‘Lhe salo of the Herala does notinclude the real estate or building where the paper has for s0 many years been printed. The lot and building belong to Mr. McShane and Mr. James Creighton, and will rewain in ther possession. Just what success the new venture will meet with in a bolitical sense is whoily o matter of opwion. An old democratic war- horse said last evening that Mr. Hitchcock could not lead the democratic hosts, and that he might expect to lose the support of the political following of the Herald. It was also said that Mr. Hitchcock's idea of double- barreled, independent journalism did not suit the average democrat, Reporters endeavored to interview Messrs. McShane, and Craic. When seen cach ono of the gentlemen declined to give the erms of the purchase or any other positive information, and stated tnat negotiations would not be disclosed until Saturday evening next. Mr. Hitchcock's Version. Mr. G. M. Hitchcock, publisher of the World, contirmed the report that the Herald has been purchased by the World Publishing company. The purchase does not include the building in which the Heraid 1s pub- lished. What the consideration is Mr. Hitchcock would not say. The Herald will be conducted under the bresent manags ment until next Sunday, although it is at present in the actual possession of Mr. Hitencock. The two papers will be run after Monday next under the common name of the -*World-Herald,” as above stated, but will bo for awlile conducted as separate papers, Whether the prico will acontinue as it is now, 5 eents for the morning paper and cents for the evening edition, Mr. Hitchcock could not say, although they will continue respeotively an éight-page morning and four-page evening paper. “The politics of the two oditions will bo tho same, independent with democratic leanin On Sunday the two editions will be consoli- dated to one paper. For the present,_the two will be printed at the places where they now are, as the leases will not expire for a mumber of morths. ‘The lease held by Mr. Welty on Mr, Hitch- cock's Farnam - street property, between Fourteenth and Fifteenth, does not expire fora year yet, but Mr. Hitchcock hinted that after that time the two papers would be publisiied in the same oftice. Ho would not say whether there would be much of a chunge in the persounel of tho Herald staff. An Absotuts Cure, The ORIGINAL ABIETINE OINTMENT is only put up in large two-ounce tin boxos, and is an absolute cure for old sores, burns, wounds, chapped hands, and all skin erup. tions, Will positively care all kinds of piles Ask for tho ORIGINAL ABIETINE OIN' MENT. Sold by Goodman Drug cempany at 5 cents per box—by mail 30 cents. What People Own The following shows the variety and value of porsonal property owned by people of this coun Number. Steam engines and boilers. .. 171 Fire and burglar proof safes. 558 Billiard and pigeon hole 100100} s ecazons 1 05 Carriages and ‘wagons Watches and clocks... .. Sowing and knitting ma- chines....... Piano fortes SR Melodeons and organs....... Aunuities and royaltie: Patent rights Steamboats and othier oraft....... o Merchandise on hund. Material and manufactured Implements and ‘machinery. ... Agricultural tools . ....... . Gold and silver plate and plated Dismonds and fewelry Other moneys....... v Other e e Bonds, stocks and warrants Shares of capital stock of compa- nanies and associations not in- corporated . . . . Property as pawnbroker. Properties of companies and wor- DOPARIODS. 1s 1441715 £ 4e Er A0 162,711 Bridge property.... ... 144,172 Property of saloons and T s i 47,772 Househoid ‘and office furniture... 858,020 Investents in real estate and improvements . ar srnran Amount of railroad property. ‘Amount of telegraph property... Pullwan Palace Car company. . All other property required 10 be listed ... 4 In Police Court. i Judge Berka gave Frank Counelly,’s va- grant, ten days in the county jail, Patsy Ryan aud Wilkam Panin one day each fu the city fail, ana dtscharged six others charged wilh vagrancy. Five plain drunks contributed $5 each and costs, and one got cff free. 1"ive umates of houws of grostitution con- tributed 8 ogel and costs Varrants woro issuv Value. 30,218 18,517 1,005 1,185,101 05,719 53,380 85,474 7,041 - 1,085 1,508 “cating 441,811 vestorday for th es of the Herald are’ THE OMAHA DAILY BER; FRIDAY JULY 12, 1889, ° arrest of Thomas Foley, Powell Ellis, Nealey Hatohinson and Jot Finlay for fuddiging in a little game of draw poker. continued until to-day. Pat Mostyn was arrested yesterd: lowing a minor to play pool §in his sal Tivelfth stroot and Capitol avenuo, Jamos Jacoby was arrested for running an express wagon without license. He claimed 10 be a citizen of Iowa and to have taken out license in Counedl Bluffs, but the court con- oluded to make James contribute$4 and costs to the oity treasury. Dyspepst Makes the lives of many people miser able, and often leads to seif-destruction. We know of no remedy for dyspepsia more swcessful than Hood’s Sarsapa- rilla. It acts gently, yet surely and efficiontly, tones the stomach and other 18, removes the fainv feeling, cre- ates a good appetite, cures headache, and refreshes the burdened wmind. Give Hood’s Sarsaparilla a fair trial. 1t will do you good. JOSEPH'S HOSPITAL. The caso was for al oon on 8T, How This Institntion Has been Sup- ported Lately. A reort has been made out donations made to St. Joseph's hospital dur- ing the quarter eading June 80, It is: Mickel, Riley& Co,810 0v| Willlam Niles Carter White Lead |Neolraska Nation- WOrks............ 10 00| "al bank. ... Herman Kountze. 10 00 Drexel & Maul Frank . Moore.. 10 00 Henry Holin...... Jonn Rush 10 00 Dr. J. 8, Crawford Merchants” N a- |omanha’ National tional bank. .. . 10 (0 bank. ... ... Carter & Son. ... 4 =/ Asorge Patterson M Creighton 5 00 Dr.J. Neville..... J. Boyle.. 5 M0lJotin Riley C. M. Hamilton. . 5 00J. E. kiley R, E.Cushing.. .. & 00Jette Reynolds Blake, Bruce & Co 5 00 Dietrick & Guth.. R. Hondrickson.. 3 00 M. Helman ..... Mr, Eltzpatrick.. 3 00, H. Fliegel.. ... J. E. Bertrand 4 00Thomas Brennan, Mrs. E. MeShane., 2 00 Commercial Na- Omaha Carpet Co. 2 00 tional bank..,.. Browning, King & _ _[Patrick Cohaland. Co..... “e 2 00Ed Perrey. . ... R Megeath ... 3 00 Georgs M Ciayton William Coburn.. 2 WL, A. Stmpson ... 2 Ww/John A, Wakefleld 2 00/G, Andreen. ... . 1i0L N. 3 . 01.J. Ward Mrs. M. Cann . A. Murphy. George A, Black. . 00'R. D. Smith . Wallace.... . 00| Willlam H. Lyon. A, Mchong 00/C, H. House . v, Osterman .... WL W, Fead . Cantain Simpson. 100C. L. Goodrich. M. B. Copeland... 0/ F. P. Zimmer . Mrs. J. Shelby. 001, J. Mahoney.... L. McGer o 00 M, ASper.. Charles Mebiillen 1 00/P. Gridiey Nolan o Mr. Wood o0y Mrs. Bl M. €, Turner. .. 0/ Dr. 1. €. Jones 1 Dr. G, Tilden. 00 Mr. Brennan. howing the 858 S8 Mrs, .0 8288 282222 s Tiggart & 0'Shan- rhne s MY, Curtfs... .. H. W, Muntiington 00 D, D, Denn 00 Mrs.J.C. Morrison Richard Hine John Trainor.. Mrs. A. Malling E.D. Meadimber Union Pacifi 00 yards 100 Onfon Pas 100, pot 1 00;Union 100 shops... 1 {Unitea '§ 100 quartermaster's 001 department ..., 13 15 00/ Burlington & Mis- 100 50 urirailroad 1 00| headquarters. 100/United Stat 100/ army headqua P, tyan. 100 tors. eaiaes William Proston, Charles Hanly, J. H. Fislbach & Co., Voegele & Dinning, Diebold Bros., McCord, Brady & Co., Peter Rocco, Bros. & Co., Meyor, Raapke & Co., Peycke Bros. & Co. Mrs. M. I'renzer, George Schroeder & Co., eraceries and fruit: Mrs. Mulligan, Josoph Garneau, McClurg Cracker company, bread and crackers: Grand Union Tea company, tea; Kiikcuny Bros., William Darat, Frank Dellone, I*. Seligsohn, whisky ; Tler & Co., alcobol; 1" Krug, Storz & Tlei Anheuser & Busch, beer every weck; Jotter & Young, Metz Bros., some beer; Pomey & Sepelke, soda water; Omaha lee company, Tate City Ice compuny, some 1ce; H. Combe, D. S. Parson, Fowler Bros., Ed Kuppig, Samuel Dreyfus, Mr. Duvis, meat A Stonehill, William Barr, Heyman & Deiches Albert Cahn, dry goods; Max onte, drugs; Samuel Burns, classw Mr. Hulbert, 3 BT, Cunning- ham, horse shoeing; Heart Carpet company, carpet; {reo water service from American Wator company; daily and weekly papers. Siston HEDWIG, Super ioress, For woak back, chest pains, uso a Dr. J. H. McLean’s Wonderful Healing Plaster (porous.) A Tribute to Ye kestive Sparrow. Dr. George Smith, In the sparrow, imported from England, wo trace The characteristics of Johnny Bull's race; Ho is solllsh sud saucy and grasping—be- sidos He oppresses the natives wherc'er he re- sides; Steals efrrs from the robin, the bluo bird and wren; The other, by statute, men. He is “*Henglish” all through; ho's the spirit that hies From the corpse, when a full-blooded Johnny Bull dics; And_through ali place He dwells, race. Freethinkers and scholars, since ages ago, Have sought to refori the regions below; And by their late efforts have driven abroad iThe wicked, sent thero by an orthodox god Among ther the sparrow, whose habits and birth, Expelled him from hell, to 1kabit the carth, Geore Heyn J. E. Afnswort 1. B Koelro John Wallace JJacob Durkard C. A, Leary........ Thomas Lowrey. William_Boeley. s Hugh Kennedy..| Mr. Reynolds Thomas Dailey. Thos. Murphy.... 1 Thomas Ryan 1 George M.Cushing R. Rysn. ... A D. Branson.. M. Smite....... Becht, J. B. Sliss & Is: takes tribute from conditious, in whatever his aggressivencss copics that And shall we endure the abuse from this bird, N\)rlruhc‘i as we did under King George, the Third? I hopo botter things of the Yankee, and know That @ bounty for scalps would return him below; 'rm::,, os freomen, defending the land of our birth, Let us wipo out this pest from the face of the earth. Oxava, July 11, 1859, The following is only one of over fifty families who have testified to the cures effocted by Chamberlain’s Colic,Cholera and Diarrheea Remedy in Pope county, 1ll., during the epidemic of bloody flux lust summer. Daniel W. Poe, Rock P, 0., suys: * tried it for a bad case of the flux and found three doses sufficient. After thut I took it in smaller doses now and then. I gave it to my family in the same way during the epidemio and had no trouble.” sy Tonting on New Camp Ground. Messrs. A, H. Scharft, J. U. Aitcheson and C. E. Brown, a special committee appointed for the purpose, have recommended the se- lection of Spirit Lake, lowa, as the most ap- propriate place for a week’s encampment. The recommendation was adopted, aud the company will leave for the place, Saturday, August 10, via C., St. P., M. & O., and re turn on the next Sunday morning, The quartermaster will attend to all mat- ters pertaining to the encampment, with the exception of bedding—each member being expected 1o furnish his own bedding. Members are expected to big their fatigue blouse, cap, belt, trousers, eto., to- gother with their fall_avess uniform; but it is advisable also to bring some old ciothes m addition. The expense of the trip will, it is said, be not more thau $20 per wan. Cushman's Menthol Inhaler, cures catarrh, headache, neuralgia, "mm.i’ hay Fever. Trial free at your druggist. Price 50 cents, Will Remedy the Defect, - ‘Phe case against J. L. Welshaas, for vio- lating the plumbers’ ordinance by failing to protect the sewer conuections at Mayor Broateh's residence, has been dismissed at the request of the mayor and plumbing - clor, Mr. Welshans agreeing to remedy the defect lu bhis work at once. OUR MERCHANT MARINE. iy What Congross ;May Do Within the Limits of the Gonstitution. Wrst Poixt, Nob, Jduly 0.—To the Editor of Tir Bre: In a prexjous communication I suggested the desirablity of congressional axd for steamship 1itiés and promised to show Kow this aid conld b6 afforded within the limit of the constitdtion. Congress may by shidtment exompt ocean stoamshipy employsd ‘In forelgn carrying trade, from local or state taxation, under conditions hereinafier set forth, The con stitution of the United, States provides in the enumoration of powers conforred (Art. 1, Seo. 8), that _congress shall have power “to provide for the common defonso and general weifare of the United States. (Sec. 19), *'to provide and maintain a navy;" and (Sec. 13) “ito make rules for the government and reg- ulation of the land and naval forces.” The United Statos navy is in & great measure de- pendent .upon the merchant marine as a practical school for skilloa sailing mastors and trained seamon, and otherwiso as aux- illary to its effectivonoss. The merchant marine is in that respect essential for tho maintenance of “the common defense and Renerdl wolfaré” of the nation. Without merchant ships to fall back upon in times of war as auxiliary 0 the mavy, for the purposo of transportation of troops and munitions of war the United States would bo sadly defl- cient in 1ts means of eMicient warfare, Mor- chant ships may bo improssd into the naval servico of the United States during the exia- tonce of war without any congressional en- actmont, and may be said to be to that extont an auxiliary arai to the nation’s nuvy. Let congress enact o law providing that all fast, sailing, well built, iron_ocean steamers conforming a8 to size, strength and speed with regulutions and rules lnid down by the navy department, may, upon application, under propergrestrictions and conditions, be- come auxiliary to the United States navy, and bo enrouled as such: and providing, that all merchant vessels 8o registored or en- rolled and accopted ns auxiliary to the navy, shall be subject to the orders of the navy de- partment, and may be cailed intouctive sery- ce of the government when required, upon the notice of —— days to tho owners thereof, and that the owners shall bo pud a rensonable compensation for the use thereof and for all damages i consequence of such employment. According to the rule 1aid down in MeCullough vs. State of Mary- land et al., 4 Wheaton, 316, such enroliment of vessols in tho naval servie and the ceptance thereof malkes them an nuxil arm of the navy and instruments of the gov ernment. They are not subject to state con- trol or taxation any moro than if they con- stituted part of the regular navy. The power of u state of vhe union w0 levy taxes does not extend to the instruments of the national government, nor 1w the constitu- tional means to carry into execution the powers conforred by tho federal constitu- tion. Those objects over which the soveroign power of a state does not extend are exempt from stato taxation, from which it follows that tho means and_{nstruments of the gon- cral government are cxempt from taxation (W. . and Cinn. ‘Crans. Co. vs. Whecling, 90, U. 8., 273). Tn the ovent of collision the lniv of the stato must yield to the law of congress, if tho lattar s’ bassed ubon a sub ject within the sphere of its power (New 10 its action within its own sphere, and 80 to modify every power vested in subordinate governmonts a8 to exempt it own opera- tions from their own influence, “Tho sovereiguty of nstute extends to evorything which exists by it own author- ity, or is iutroduced by its pormission; but does it extond 10 those means which are employed by congress o carry its own acts into execution—powers conforred on that_body by the people of the United States! Wo_think it demonstrable that It doos nov, Those powers are not given by the people of a single stute. They aro given by the people of the United Statos 10 a government whose Iaws, made in pursi- ance of the constitution, are declared to bo suprome. Consequently, the peopie of n single stato cannot confer a sovereignty which will oxtend over them. “We find, then, on just theory, totul failure of this origimal right to tax tho means employed by the government of the union for the exeoution of its powors. Tho York vs. Miln, 11 Pet., 102). ‘The principles undertying this question are fully discussed in the case of McCullach vs. Maryland, supra, ‘lhis was an_action of debt brought by the, defendant in error for the state of Maryland, as well as for him- self, against McCullach, to recover penalties arising under au act of the legislature of Maryland of February- 11, 1818, providing ““That if any bank has established, or shall, without authority from the state first had and obtained, establish: any brauch office of discount and deposit or oftice of pay and re- ceipt, in_any part of this state, it shall nov be lawful for the said bramch * * = to issue nmotes in miy manver of any other denomination than five or ten * %+ % dollars, and no note shall be issued except upop. stamped paper of tue following denomindtions, * * * ich vaper shall be furnished by the treasurer * "~ « under the direction of the governor and council, to be paid for upon deliver; Provided, always, that any institution of the above deseription may reiieve itself from the operation of the provisions aforesaid, by pay- ing snnually, in_advance, * * *'for the use of the state, the sum of fifteen thousand dotlars. And be it enacted, That the presi- derit and cashier, and each of the directors acd officers of every institution established, or to be established s _aforesuid, offending against the provisions aforesaid, shall forfeit a sum of five hundred dollars for each and every offense,” ote. On April 10, 1816, congress passed an act, entitled “An Act’ to lucorporate the Sub- scribers to the Banlk of the United States.” The prosident, dircctors and comvany of the Bank of the United States, incorporated by the actof congress aforesaid, did organizo themselves, and go into full operation n the city of Philadelphia, in the state of Pennsyi- Vania, in pursuance of said act, and did in 1817 establish a branch of said 'bank, or an office of discount and- deposit, in the city of Baltimore, without authority'from the state of Maryland, and cpried on a regular bank- ing business by issifing bank notes and dis- counting promissory notes, etc., but did not puy the sum of $1,500 for the uso of the state of Maryland. Tho court says (p. 407): **Al- though amorg the enumerated powers of the government we do not find the word ‘benk’ or ‘incorporation,’ we find the great powers 10 lay and collect taxes, to borrow money, to regulate commerce, to aeclare and conducy & war, and 1o raise and support armies and mavies. The sword and the purse, all the external relations, and no inconsiderable portion of the industry of the pation are intrusted to its government. It can never be pretended (p. 405) that these vast powers draw after them others of in- ferior importance, merely because they are inferior. Such_an ilea can never be ad- vanced, But it may with great reason be contended, that a government, entrusted with such ample powers, on the due execu- tion of which the happiness ana prosperity of the nation 8o vitally depends, must also be ‘entrusted with ample means for their excu- tion. The power being given, it is the in- terest of the nation to facilitate its execution, It can neyer be their interest, and cannot be presumed to have been their intention, to clog and embarrass its exocution by withhold- ing the most appropriate means, ‘Through- out this vast republic revenue isto be coi- lected and armies are-to be marched and supported, The exigencies of the nation may require that the treasuro-raised in the north should be transported to the south, that_raised in tho eust convoyed to the wost, or that this order should be reversed. Is that comstruction of the constitution to be preferred which would render these opera- tions difficult, hazardous and expensivei Can we adopt that construction (unless the words imperiously require it) which would impute to the framers ol that nstrument, when granting thess. powers for the public good, the intention of "impeding their 'exer- ciso by withbolding & choice of meansi If, indeed, such be themandate of the consti- tution,'we have only to' obey. But that in- strument does not_profoss Lo enumerate the means by which tho powers 1t confers ma, be executed. Nor does it prohibit the cr tion (p. 409) of a corporntion if the existence of such a being bo essential to the beneficial exercise of those powers. *“I'he government which has a right to an act, and has imposbd on it the duty of per- forming the act, mWst, according to the dictates of reason, e/ allowed to select (p. 410) tho means.” “1After the most delibprate consideration, it is the unanimous ‘)jt“dwldsd opinion of the court that the Glot to incorporate the vank of the United States is a luw made in pursuance of the constitution, and is a part of the supreme law of the land, The branches, proceeding from the samo stock, and being conducive to the complete ae- complishmentof the object, are equally con- stitutional,” (P, 427.) ‘“‘That the power of taxing it (the bauk) by the states may be exercised s0 a8 to destroy it, Is too obvious t0 be denied. But taxftion is said to be ay sbsolute power, which ackuowledges mo other limits than those expressly prescribed in the constitution, and like sovereign power of every other description, is trysted 1o the discretion of those who use it. ut the very terms of this argument admit that the sover- elguty of the state, in the article of taxation itself, is subordinate to, and may be con- trolled by the constitution of the United States. ow far it has been covtrolled by that instrument must be & question of con- struction. In making this construction, no principle not_declared can be admissible, which would defeat the logitimate operations of & supreme government. IL1s lhe very ‘essence of supreiacy o remove all obstacles right never existed, and the question whether it has been' surrendercd canmot ariso, “If the states may tax one instrument, employed by the government in the execu- tution of 1ts powers, they may tax any and overy other instrument. * % "% They may tax all the means employed by the govern- ment to an excess which would defeat all the ends of government. This was not in- tended by the Awmerican peoplo. They did not design to make their government do- pendent on tho states. “The court has bestowed on this subject 1ts mostdeliberate consideration. The re- sult is a conviction that the states have no ower, by taxation or otherwise, to retard, mpede, burden, or 1n any manner control the operatiohs of the constitutional laws e~ acted by congress to carry into execution the powers vested in the gencral government. This is, we think, the unavoidablo couse- quence of that supremacy which the consti- tution deolared.” Although among the enumerated powers of the constitution, that of establishing a bunk or creating a corporation is not found, yot, inasmuch as the United States bank was omployed for carrying on the fiscal opera- tions of tho union, it was held by the court, in McCulloch vs. 'Maryland, supra, to be to that extent an instrument of the govern- ment. By the constitution power is directly conferred upon congress “to provide and maintain & navy,” and “to mako rules for the government and reculation of the land and naval forces,” and to make all laws which shall be necessary and proper for car- rying into execution” the powers of the gov- ernment. The enactmont of laws by con- gress to make merchant ships auxitiary to tho naval forces of the Union would be “laws * * =~ nocessary and proper for carrying into execution’ the powers of the government. Although merchant ships are built prinei- pally for private gain, that of itself could make no_difference, if they were mado in- struments of the government for carrying mto execution the powers conferred. The United States bank was ;also established for private gain. To my mind there doesn’t seem to be any valid reason why congress may not enact laws, authorizing merchant ships, employed in foreign carrying trude, to bo enrolled and made an auxiliary arm’ to the United States navy and be exempted from taxation. Such a law, even without the payment of subsidies, wovld in all lik hood, sveedily restore our merchant marine, establish us more firmly in our export trade, and add largely to the effectiveness of the nation’s naval force. 1t is the sincere wish of a large portion of the American people that congress may give this subject due consideration, and at an early day enact such laws for the restoration of our merchant marine and for making the nation’s navy more effective, us shall be deomed necessary and proper, and as shall promote our general welfars. Uniant Brovan, Advioe to Mothers. Mrs. Winslow’s Soothing Syrup should always be used for children toeth- ing. Itsoothes the child, softens the gums, allays all pains, cures wind colio, and is the "best romedy lor diarchoes. 25¢ 4 bottle. OROSSKED THE BIG HORN. General Brooke's Visit to a Couplo of O1d Forts. Colonel McParlin, the retired modical di- rector of -the department of tho Platte, has not yet left for Washington, though ho ex- pects to about Monday next. He has trans- ferred his baggage to the quartermaster and is_now awniting its shipment. Twoof the colonol's daughters aro attonding the Acad- omy of the Sacred Heart, Munhattanvillo, N. Y., and two moro reside in this ity All of these will meot shortly in New York and go thence to the seashore where they wiil pass the summor. General Brooko, commander of the do- partment of the Platte, has returned from u trip of about fiftoon days, on which ho was accompaniod by his wife and Lieu- tonant Truitt and his wife, The party left tho cars at_Casvar, Wyoming, and drove 14 miles to_ Fort McKinney, whero they ro- mained for a short time. They contiued their journey over the Big Horn mountains into Fort \Washalio, a distance of 188 miles, and thence to Rawlins, a distanco of 144 miles, whero they took the Union Pacific for home. Forts Washakie and McKinuey tho general had not visited before. The trip was found very onjoyable, Major Dallas Bache, tho gentloman who succeeds Colonel McPurlin as medical direc- tor of the department of tho Platte, is en- doavoring to locate himsolf in town, and ox- 10 do 80 in a few days. The major was in the District of Columbin. He was appointed to the servico from Pennsylvania. On May 30, 1861, he becamo first licutenant and assistant surgeon. On Marcn 13, 1865, ho had attained to the position brevet major for faithful and meritorious services during the war. On May 25, 1565, he bocaime cap- tain and assistant surgeon, and on August 5, 1867, he was promoted to the rank of major. The gontleman comes to this city from Fort Riley, where he was located for some. years. Mr. L. M. Grurtia, of Vicksburg, Miss., says that his system was poisoned with nico- tine from the excessive use of tobacco in smolking cigarettes, He could not sieep, his appetite was gons, and he was ina bad fix genbrally. Hetook S, S. S., which drove out the poison and made a new man of b, Paying Road Vouchers. County Cierk Roche will commence to pay road vouchers next Saturday. The fund has been exhausted since November last, con- sequently the claims now due amount to about $20,000. The commissioners will ailow these at their Saturday meeting. For a disodored liver try Beocham's Pills, New Jorsey in the Union. WasnINGTON, July 1L—Some days ago the state ofticials of New Jersey notified Secre- tary Rusk of their mtention to raise the quar- antine against pleuro-pneumonia. To this - the secrotary to-duy made a vigorous protest. In case the local quarantino is raised the se rotary gives notice he will at once establish and enforce national regulations to effect the desired ond. dears Soap Fair white hands:. Brightclear complexion Soft healthful skin. wPEARS’~The Breat English Complexion SOAP.—Sold Evarywhera.'f RIS "IMPORTERS \\\w‘““‘ QPENCER, TIN PLATE METAL! NAILS, MOUSE FURNISHING % | For sale A. J. POPPLETON, President, J.'J." BHOWN, Vice-I'resident. & HARDWARE , JOBBERS U " \WORLD CBETH&CO PITTSBURGHPA. by M. H. Bliss, Omulm., Nebraska, A. W. YA'TRS, Treasurer. 8.1, JOSSELYN, Secrotary A SOLID NEBRASKA COMPANY. The Omaha Fire Insurance Co. OF OMARA Pald Up Capital « . NEB, $100,000 Fire, - Lightning - and - Tornado = Insurance, Offices, 8, K. Corner Douglas and Sixteenth Sts. Directorss Kunn, . L. §tone, 0. D. Woodworth, J. 8. TOH IN GS, ENGRAVINGS, FRAMES, 1613 Donglas 8t 3 < Telophone 1,433, A, J. Poppleton, J. H. Millard, Wm. Wallace. J, W. Gannett, H¢ W. Yates, N. A Colltns, J. J. Brown, Home Oftice, Nos, 800, 301, 802, 803 Brown’s Block, 8. Josselyn, Omaha, Neb. EMERSON, HALLET & DAVIS, ARTIST SUPPLIES, KIMBALL, MOULDINGS, PIANOS AND ORGANS SHEET MUSIO, - Omaha Nebraska STRANG & CLARK STEAM HEATING CD, Steam and Hot Water Heating and Ventilating Apparatus and Supplies. Engines, Boilers, Steam Pumps, Etc. Save Your Hair BY & tmely nse of Ager's Hale Vigor, This proparation has no equal as & dronsing. It keeps tho scalp cloan, cool, and healthy, and preserves the color, tullness, and beanty of the hair. “1 was rapidly bocoming bald and ray; but after using two or three bottles of Ayer's Hair Vigor my baiy grow thick and glossy and the original color was restored,”"—Melvin Aldrich, Canaan Centre, N. . *Somo time ago I lost all my consequonce of mensles. After due waiting, no new growth apppared. I thon usod Ayer's Hair Vigor and my hair grew Thick and Strong. It has apparently como to stay. The Vigor ia evidently & great aid to nature. ~J. B. Williams, Floresville, Texas. “I have used Ayer's Hair Vigor for the past four or five yoars and flad it & most satisfactory dressing for the bair. It i all T could desire, being harmloss consing the hair to retain Its natural color, and requiring but a small quan to rendor the hair easy to arrange.”— Mra. M. A. Bailey, & Charles streot, Haverhill, Ms L have been sing Aver's Faie Vigor for several yenrs, and bolieve that it has cansed my hait to retain its natural color.”—Mrs. H. J. l(!nf, Dealer in Dry Goods, &o., Bishopville, Md. Ayer's Hair Vigor, PREFARED DY Dk J. C. Ayer & Co., Lowell, Mass. Bold by Druggistwand Perfumers, THE RAILWAY TIME TABLES. OMAHA, hair in RURLINGTON ROUTE.| Leave Depot 10th & Mason sts, Omaha. Chicago Vestibule Ex. Chicago Mal Chicayo Loct Denver Vestibule Lincoln & Concordia Lo'l Colorado Mall. ... ¥ Uhicago Fast Mail Kansas Oty Expre Kansas City Express... Lincoln & Wahoo Pass. David l'fl( & York Pass Norfolk Pass. ........... Fremont Pass SIOUX CITY & PACITI S We C. 8T. P, M. & O, Depot 15th & Webst: foux City Express merson Accommodai'n; *Oakiand Accommod'n.. 8t, Paul Limited *Klorence Passong *Florence I-assenz +Florence Passen; — Teave Omnna #Sunday Only MISSOURL PAC Deyot 15th & Webstor ats.| Toave Omaha. 30 & m) - %:00 p m| Day Expresss. ., C. R.I.&P. Depot 10th and Marcy sts. Dos Moines Accommod'n) Atlantic Express. .. Fast Vestibuled Express. Night Express,. ... C.& N.W. Depot 10th’ & Marcy sts. Chicago Express, Dally .| Fast Limited, Dally . .| “The Fiyer.” Daily..., WADASH WRSTERN. Depot 10th & Marcy ats. No. 8 8t. L. Exp. Daily. "~ UNION PACIFIC Depot 10th and Marcy sts| Arrive Omaba. | 4:15 p m[ 1 Loave | Arrive Omaba | Omahs *Overland Fyer.... ..... sPaciflc Express ........ *Denver Express. ...l *Kansas City, Lincoin &) Bentrice Express. ... 4Grand Isiand Express. plllion Passenger y. tDaily Except Sunday. M. & ST. PAUL. Depot 10th and sarcy sta. Leave Omuha, %15 & m 9:00 p m| SUBURBAN TRAINS. Westward. Running between Council Bluffs and Al bright. In additlon to the stations mentionac, trains stop at Twentieth and ‘Twenty-foutth streets, and at the Summit in Omal Houtn | AL {Omaha|bright. 2EBEEE SE288ERTEEEE! =i Owaba| E5Eoom. me, = o swn—E) SEZETRe" B85 Ses-ren Cexansoesnsem, ar. 11 Iy, 12 BLUFES, = HOCK 1SLAND & PACIKIO, Leave Arrive. B0 pu | D Lo 9015 am 3 0:50 @ C A No, 4.......00:0 am|A No. 8., A No, 14 15 pm A No, i CHICAGO & NORTHWESTERN, K0.0..... 940 8w No. T............0:27 am No 8. i1 pm No. .20 0TS mm Noi4'\\0 " iidh pin|No, b, ® 646 pin All Trains Dadly. OHICAGO, MILWAUKER & ST. PAUL, A No. 2. 0:40 sin|A No, 1 LT em A No. 4...... 04 pumA No 3. o pa KANSAS GIiY, gt Josueu & GOUNCIL 25 & 63l p1m oy ; COUNOIL T CHICAGO, B Ne. 2 No. 1 C No. 6 No. b am| A No 8. pmiA No, CITY & PACIVIC, 3am|A No. 9 17:00 pm{A Nool... OMAHA & LOULS, A No 8. 4uipmlA No, 7....12:00 m Adally; B daiyl except Saturday; C exceps adidiy; Doxcopt.Monday; s fass tadh, P V) by Poekta Pate ULAKTAR CUSHIONS here all s part. Iiusirated book & .i 40 G'er aall 08 7. HIBCOX,, 448 Meoadwag, - B35 am 950