Omaha Daily Bee Newspaper, January 16, 1890, Page 5

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\ 4 DEMAND FOR MORE JUDGES, An Old Lawyer Reviews tho Situa- tion of Affairs, WHY LITIGATION 1S sSLOwW. Moom for Four More Judgos in the District Court—Defects of the Jury Law Polnted Out, A Rampered Judiciary. “Wo want four more judges in this dis- trict,” said awell known lawyer. *“That ad- divon would be none too many. If we had them they could be holding court while the old judges are studying up the cases already tried; and they could try cuses in time that is now epent in vac: “What aro the lawyers doing about so. i such increase?” was asked. “Talking, L rs aro always Tho reports of Colonel Savage and Presi dent Poppleton of the bar association have turned attention to the subject, and the question is, What shall be done! They rec ommend tho establishwent of a municipal court with one or two judees; others favor a liberal incroase in tho number of district Judges. Tho latter has been the popular way for improving the court facilities herctofore and it is believed that it will bo endorsed again, Sinco tho sum- mer of 1882 the bar has voted against a municipal court on three different occasions. It has done so after discussion,and on logical grounds, Under the coustitution a municipal court must be inferior to the district court, for a city or incorporated tow! now what 18 the use of creating an inferior court,when u as easily creaio a court of the fullest powers! Why place a man in a room and designate him a municipal judge, with power to try only a few matters, whon, it he be be designatod a district judee hie can try any kind of an action or proceeding that may be brought (" Mr. Poppleton recommends,” continued the speaker, *'a municipal court having gen- eral criminal jurisdiction. The establish- ment of such a court would not remove all criminnl business from the distriot court. The municipal court of Omaha might have urisaiction of criminal offenses committed n the territorial hmits of the city, but of- ill still be committed in the county ie of the city, which will necessaril into the district court. Other would place in the municipal appeals from justices of the peace: but appeals will bo taken from justices who live without the city, and they will necessarily go to the district court; appeals from the county court go to the district court by express provision of the constitution; so that appeals as a class cannot be taken from the district court; only the appenls from the offices in the city could be lodged in the pro posed city court. As that court must be in- ferior to the district court, its judgements must be subjoct to review by the district i ond this way, either by appe error, the offences committed in the and the appeals from the justices 1n te city, would finally reach the district court,” It has b the subject of complaint, that after a trial in the police court, defendants would uppeal to the aistrict court; where the case will finally ‘peter out.’ The same frequency of appeal from the proposed city court will be experienced, if it shall bo es- tablished, The best court for the*trial of criminals 8. lndge holding district court, whether b i No. 1 in the court house, or in a ne court room in the Jail, or in a room in the new city ball, or in some other room in some other building in the city; for he can try any offense, great or small, and his judgment is tinal unless reversed on error by thesupreme court, Not the least juconvenienco resulting from a city court, will be the necessity of having aunother code of civil and criminal procedure, muking two codes, one for cases in the city, another for those in the county, but without the city.a “Irom what I huve said you will see, that in every possible light, a district judge will be more efficient with'transaction of business than a judge in & municipal court can bes and in my opinion four district judges wiil be uble to doat least eight times as much business as & municipul judge. And when the question shall como before the bar, whether it will favor a municipal court, or the addition of four more judges to the presont humber in this district, I think they will vote for the latter. They will s0 vote because it will bo for the best interest of litigants and the public. *'Sume seltish reasons will also have con- sideration, Two-thirds of the bar ure new- comers. Three years ago when we had only two judges, a half dozen lawyers mouopolized nearly all the truls: they kept their cases following one another 8o that it was practically im- vossible for any oue else to get their casos on, the outlook was most dismal for the new arrivals, When the judges were doubled the blockade was raised to a laree extent, and business was scattored around among @ muth larger proportion of the attorneys. There also resulted a very marked increase in the number of cases brought, the records of the courts showing that it nearly doubled, Another increase of judges will exhibit & further scattering of business and & further increase in the number of cases broukht. It will also take four lawyers out of the swim, out of the contest. out of the struggle, and put them in the service of the state. ‘Theso views will be decisive with men whose prosperity, peckaps, whose ver; existence depend on their accomplishment.” TOP HEAVY JURY LAW, The Limit to 300 Men Not Larze Enoungh for Douglas County. The new jury law appears to be a little top heavy. The district clark, the county attor- ney and the three district judges are at work endeavoring to discover a safo method for the compromising *of & number of inconsis- tencies in the statute, The law in brief pro- vides that the commissioners of counties having a population of 70,000 or more shall at or before thoir meeting in January or at an; time thereafter when necessary for the pur- poses of this act, make s list of & suficient number, not less than one-tenth of the voters of each town or precinct in the county, to be known as the jury list. The board of "commissioners at its first meeting in January each year shall select {rom such list a number of “porsons equal to one hundred persons for each trial term of the district court to be held during the year, Euch person's name, when sclected on the Jury list, shall be checked, snd such person shall vot be selected again until every person nawvied on such list has been seleoted, or until the exviration of two years, when a new list shall be made. The Jary lst, when made up by the com- wissioners, shall be kept by the county clerk, each namé upon a separate piece of paper, and placed w a box or wheel ept for that purpose. Twenty before the tirst day of any trial term tho ai trict clerk shall draw from the box a suf- ficient number of names of said persons, not less than thirty for each two weeks that such court will probably be in session, for each judge requiringa jury. A special panel not exceeding one hundred nawes may bo drawn in the sume manuer us the regular jury for the trial of any persou charged with & felouy if the judge rnon- vinced that & jury cannot be obtained from the regular pavei to try the case. Bystauders way be called on the jury specinl cases when needed for the trial of o case when the regular gavel is engaged, Any person secking position as & juror or asking any county oflicer to Plnce hum on the 'y shall be fined #20 aud disquatified. Any WYOr 8C0kIng 1o secure the sclection of any persou s a juror shull be tined $100 for cou~ towpt of court. According to the couuty attorney's inter- pretution of the act the courts are limited to 100 jurymen for each terw, 800 tor the year. This is plainly impracticable 1o Douglas county, "No juryman snall serve more than two weeks. Each teru is at least ten weoks long, aod at the lowest calouiation three Juries, thirty-six mew, would .be required for each two weeks, Thls would necessitate the use of 180 jurors for each Wwrm or 640 for the year, Just how 540 jurors cun be seeured from a 1ist linited to 800 persons 1s the ques tion that is troubling the court oMoials, The judges hold a consultation with the district clerk and the county attorney yes- terday and sgreed to make an ordor in tho matter atonco, It is the opinion of County Attorney Mahoney that theJudges will con- strue’ the law 80 that another list of 800 may bo called as soon as the first list of 800 is exhausted. This, howevor, is an open question, and may not bo sustained by the higher courts if the action_is contested. One foature of the law that is noticeable the immense amount of extra work, and co scquently largoly imcreased fecs that will fall to the lot of the shoriff. He will ber quired to secure n jury. cach two weeks, eyually distributed over the county. Nu merous special venires are also expocted to o demanded in the trial of important cases on account of the small number of the reg ular panel available atany one or two weeks' term, Shown up ns Wreckers, The entire day at the United States court was consumed by the attorneys making their *as in the Patrick-Da caso. City Atvor- ct Popvleton made tho oponingspeech in behalf of theplaintift. He reviewed tho history of the mine from its begnning; wold of its sale to the English capitalists by Irwin, Davis and J. N. H. Patri Ho also lared that the action of Davis and Pat. rick after that time as trustees were those of wreckers and was on & par with thoso of fel Lows who run railronds to ruin_them, The acconnt books produced by H. Patrick in evidence showed nothing. The book keeper, Clark, had kept them in accordance with tho plot to rob the English capitalists, There was no_intention of making tho Flag staff silver mine pay. J. N. H. Patrick was only the stool pigeon und agent for Dav They were both finally driven from the mide, What right had J. N. H. Patrick to tho books—he who had been driven from the mine at the point of the musket! Wants Pay for His Hogs, Addison B. Cady has commenced suit in the district court against tho South Omaha National bank to compel payment of a draft for §)70. Cady wrote to the bauk from Dannebrog, asking them to recommend some retiable commisston firm, aud they rec- ommended him to William Fitch & Co, as & reliablo firm and promised to notity him _if thoy had reason to beliove otherivise. He sent a carload of hogs to Fiteh, tho proceeds of which amounted to $976. ' This money Fitch & Co. deposited in the bank to their own crodit, Cady drew on the bani for the but payment wus rofused, and owing & Co. hecoming insolvent he could cover from them, hence his suit against the bank. Denies the Charges. ‘The story of John L. Nagle's divoree from his wife, granted December 23, by Judge Clarkson, on the ground that she had crimi nal relations with Ex-Congressman Bliss in Michiwan in July 1880, and at various times for a year thereafter, created a sensation n tho Now York papers and at Mr. Bliss' tome in Brooklyn. Mr, Bliss has tele graphed o denial of the matter; says never knew Mrs, Nagle, nover heard of b was never notified of the suit and that all of the charges made by Nagle implicating him are entively false. The Febru Tho Lebruary term of the aistrict court will bo commenced on Fopruary 10. At this term Judge Clarkson will atiend to the criminal dockot, Judge Hopewell giving hus attention to the trial of cwvil cases. Wants Pay for Surveving. J. B, House bas commenced suit aganst F. T. Foss for $335 for services rendered in surveying the Lincoln belt line. County Coart. William E. Wilkins has commenced suit against Jumes G. Bywater to recover $363.12 on a note, Jucob E. House has commenced suit against Frank L Foss to recover $335 for profes- sional services in survoying tne Lincoln Belt lino. The Homo Tnvestmont company obtained a judgment against L. P. Pruyn et al for In the case of Langfeld Bros. vs Kurtz judement was rendered for the plaintiff in the sum of $353.16. Mrs. Clara Miller was appointed admin- istratrix of the estate of Joseph H. Miller, und Charles Carlson was appointea admio- istrator of tho estate of Andrew J. Carlson, “Who breathes must suffer,and who thinks wust mourn, and he alone 18 blessed” who knows that psin and suffering can be cured by Salvation Oil. Although we naye heard persons remark— ‘It is worth its weight in gold”—still Dr, Bull's Cough Syrup is to be had at all drng stores for 25 cents. SOUTH OMAHA NEWS, Temperance Literary Programme. The temperance literary society has ar- ranged tie following programme for the meeting in the Methodist Episcopal church Friday ovening: Remarks by the retiring presidenc, A. L. Sutton, Imuatory remarks by Arthur Copelaud, Vocal Duet—Miss Alice Grifith ana Mr. W. Reed Dunroy. Select Reading. Mausic, Debate—Resolved, That pride and ambi- tion kave doae mere to produce crime than ignorance and superstition., Mr. Arthur Sutton on the afirmative and Mr. A. L. Sutton the negative, president-clect, Mr. W. Reed Dunroy. Notes Abour the City, Chicago, St. Paul, Minneapolis & Omaha stock vrains coming in from . Wayne, when on the belt line at the first cut north of and avout two miles from South Omahs, yes- terday morning, stuck and a doubie- header ran into it, crushing the three rear cars. The men all jumped and saved them- selves, Damage was done to the cars and one steer killed. Alva Smith, of the firm of Smith & Staples, Waverly, was in with hogs. There are who might be {;m'sona in this vicinity enefited by knowing the experience of Mr. J. H, Helms, an en- gincer on the Atchison, Topeka & Santa Fe railway. We therefore pub- lish it below for the benelit of the pub- lic. Mr. Helms says: My wife had been suffering with a_very bad lung trouble for two years. Nothingdid her much good until I tried Chamberlain’s Cough Remedy, Six 50-cent bottles of that medicine cured her sound and well, She is now entively well and as sound as L ever knew her to be,” Mr. J, H. Salmon, a prominent druggist at Fort Madison, Iowa, vouches for the truth of the above statement and says Mr, Helms told him he had tried several physicians in Chicago, with but little benefit, be- fore using this remedy. For sale by all druggists, Hail in Australia, . The Sydney Herald reports that dur- ing u severe storm at Louth, South Australia, chunks of ice as large as cricket balls fell 1o the streots. The court house, Royal hotel, Telegraph hotel, and all buildings covéred with wron roofs, were perforated by the fali- hailstones, A number of dogs and other animals about the town were killed during the storm. Great aam- age was done to window glass and vege- tation, For several days tbe mercury h‘:sgd been above 100 degrees in the shade. Headache, neuralgia, dizsiuess, nervous- sloeplessness, cured by Dr. ervine. Samples free at Kuhn & Co.’s 15tk und Douglas. R An Aged Bummer. A woman minety-three years old was arraigoned in a new York police court the other day om the charge of drunk- enness. et Sleeplessness, nervous prostration,nervous dyspopsia, dulloess, blues, cured by Dr. iles' Norvine. Samples froe at Kuhn & Co.'s, 10tk and Douglas. THE OMAHA DAILY BEE THEY DEFY WALKER'S RULING Nebraska Roads Refuse to Advanco 8t. Paul Grain Rates. CHAIRMAN FINLEY SO INFORMED Officials Refuso to Talk About Walk- er's Decision on the Union Pa« cific-Northwestern Alli- ance--Other News. Refuse to Advance Rates, When he was in Omaha last week man W. W, Chair- Finley of the trans-Missourt association requested the Union Pacific, Fremont, Elkhorn & Missourt Val the Soux City & Pacific to put on an ad- vance rate on grain from Nebraska points to St. Paul which would conform to a late decision handed down by Chairman Walker of the Gentleman's association. Iut th roads could not see the force of Mr. Fin- loy’s request and refused to comply with it. As an excuse for so doing they say that there is a large amount of gran in this state purchased for shipment to St. Paul on the basis of existing rates and to make any change in the tariff now, especi- ally to raiso it would work a scvere hard- ship upon the Nebraska roaas and do no body else any good. The Union Pacific's general freight agent informed Mr. Fioley that according to his way of thinking it would not be a wise policy to make any such advance as suggested now, in the midst of thegrain season when prices are so low. Ho is rather inciined to feel that such action on the part of the Union FPacific would be very detrimental to all intorested association lines, He cannot see in what way the association could indem- nify his company for losses in case it should attempt to carry out the Walker rul- g, He also reminds the chairman that the Sioux City & Pacitic has advised the West- ern freight association of its inte river rates to £t. to Duluth on grain from points on its line in lowa. This, he thinks, will relieve the Nebraska lines of the embarrassing situation in which they are placed aud permit of thoe present rates being continued without prejudice to anyone, In reply to the above and also to a similar letter from the ge 1l manager of the Sioux City & Pacitic, Chairman Finley states tha the Trans-Missouri freight associaiion agre ment has been placed in his hands for exect- tion and that he must require ev mewber to comply with its provisions; t he has set forth the position which these companies occupy toward the agresment in tho matter of grain rates from Nebraska to St. Paul and points beyond, this action be taken under tho requirements of se 3, of the agresment. In taking this e oxteaded to them and others all the prwileges and all the right: h the original and supplementa ments accord, Anything of a different na. ture must be accomplished by action taken under its rules and articles of reoment. ‘There is 1o power vested in him to consider anything else. These had been interprete and there could be no doubt as to thei meaning with regard to this matter, and ha ing made demand upon them for a proper ro- vision of their grain rates from Nebraska to St. Paul and points beyond, there was but one thing left for him to do under the arti- cles of the sgreement, and that was to as- the penaities for wilful disregard of its Reports from New York convey the im- pression that_at Tucsday's weoting of the Inter-State Commerce Commission Chair- midn Walker gave a decision against tho Union Pacific and the Northwestern roads on_their combination traffio arrangement, holding that it is in violaton of the terms of the ‘‘Gentlemen’s Agreement.” “*What effect will this have ubon the situa- tion?” was asiked of Mr. Kimball yesterday morning, I prefer not to be quoted o this matter at present,” was that gentleman's reply, “‘as there seem to be some inconsistencies in the reports. One says that the chairman’s decision is favorable to us, while another statement places him in the attitude of rul- ing that we are in violation of the associa~ tion rules.” “*In case the latter do you anticipate?’ “That is & question [ don’t care to answer." While all the officials now here refrain from expressing themselves enough 18 known to venture an assertion that tnere will be trouble dangerous to the life and existance of the “yentlemea’s agreement.” Neither the Union Pacific or Northwestern proposes to back out of their contract to save the association or please anybody con- nected with it. They have succeeded in get- ting their interests into such position and shape as to be rather independent and pro- pose to remain 80, General F'reight Agent ‘Lebbetts was also seen and questioved, but like Mr. Kimball he too, declined to say very much. His re~ ply to'questions asked him, however, indi- cated that he entertains no fear of an erup- tion. “*That decision cuts no figure,” said he. “Itsimply has reference to a division of rates and will not affect our contract with the northwestern,’ That is certainly a very cheerful viow to take of the matter, but it fails to strike any- body elsc in the same way. An official of another road mentioned that Mr. Walker’s opinion holas these two corpo- rations responsible as violators of an alliance entered into by them with all other road more than cight months ago to stand by ea other. “If they now insist upon econtinuin their relations,” continuel this speaker, see nothing to prevent the association Irom going to pieces. Contemporary lines are not disposed to keep faith with their promises to gentlemen and lose business right along.” is correct what resuit Assistant General Trafic Manager Mun- roe of the Union Pacific, General Freight Agent Miller of the B, & M., and General Freight Agent Moorehouss of the Elkhorn, are in Chicago attending a meeting of the western freight essociation, Nebraska rates will be one of the subjects for consid- eration. J. M. Builock, traveling freight agent of the Mewphis & Charleston road, is in town. General Traffic Manager Meilen is rapidly improving, and barring a relapse will ro- cover entirely, Diphtheria is cured by the use of Cook's imperial extra dry champagne as a gargle. Ask your physician to try it THE CITY ENGINEER'S REPOKLT. A Comprehensive Review of Pablic Works Completed in 1880, The annual report of City Engineer Tillson 18 the most complete ever 1ssued from his of- fice. It is @ very comprehensive review of the public works that were completed in 1889, and a comparison of their cost and extent with the similar work of preceding yea The following facts of general public ‘inte: ©st are gleaned from the report: The work was begun very late in the season, but owing o the unpreceaented weather of November and December all of the coutemplated work was completed. The character of the work as 8 whole has been good, better u that of the provieus year, though there is still room for improvement. We have as good contructors in Omaba as will be found in any city in the union, bat they take their contracts for the purpose of waking money, and care and watchfulness are always needed to see. that the interests of the “"f arealways protected. The sys- tem of letting contracts has been so well systematized that contractors understand their work before bidding und very few bills for *'extras” are presented, Grades have Leen established on twen! four miles of strocts. As a rule the esi lishment of grades should not bo too far in advance of the necessitysf adjoining prop- erty, as the changos of a few years make such grades impracticable, and a grade ouce established is often changed with great diffi- culty and expense, A 'great amount of grading bas been done aud a considerable mileage added to the length of the improved streets. The city uow has about one huudred wiles of gradei streets. There is an immense amount of gradiog yet to be done, as the city has 804 miles of streets and 144 wiles of alleys. The radiog for the sear for whioh estimates ve been given Is 1,002,008 cublc yaras st total cost of &142,71 an average of 13§ cents por cubic yard, inclading overhaul. in 1838 the avorage was 19 3-10 cen 1887, 29 0-10 cents, During the year ninotoou miles of curbing were laid at acost of $76,517.50. The ma- terinl used was Berea sandstone at 60 conts per foot, and colorado sandstono at 79 cents per foot. On the subject of pavement Mr. Tillson enters into a discussion as to the merits of the various paving materials used in the city, He says: *Less paving was done in 1850 than in 1338, but enough was done, which if kept up each year, to maintain for Omata the position of being the best paved city in the west. ‘The city nas fi two miles of paved streets and alleys, The best kind of pavemeont is still a much mooted question Afd witn all the ex- periences of so many citics, seems but little nearer a solution than 1t was twenty yoars ago. We havo tried stone, wood, asphaltum and this year a littlo brick I'rom our experience wo have learned that stone is noisy but durablo, wood cheap but very short lived, phaltum smooth and noiseless but costl vith _ brick as yet un- determines Looking at the matter fairly and judging from our streets, I feel com- pelled to put myself on record by saying that under no _ circumstances do con. sider wood & suitable material for paving. Farnaa street from I'wentieth to Cwenty-ninth was paved with cedar biocks in 1886, It began to decay bofore it had been down two years, and is now very rough and uneven in many pla and will be entirely worthless ina few years. Twenty-ninth avenue was pavod with cypross in 1588 and is now in u worse condition than Farnam. Cypress was an oxperiment and in my opin- ion was atotal failure. In eastern cities woodea pavements wear out; here they rot out. On our residence streets no good pave- ment will wear out. Wood would be a good material if it were durable. The chief re- quircments of a residenco pavement are smoothness and frecdom from decay. A cheap material that fulfils theso conditions will be glad received. Vitrified brick seems to approximate theso more nearly than any- thing that has been introduced, but the bries must be of the very best quality, The brick manufactured at Galesburg, 111, seems to be better fitted for paving purposes thau any 1 have scen, but it costs to bring it here and lay it a littlo ovel per square yaed, If good paving brickt can be made in Omaha the question of a proper pavement for resi- aence streets will be solved.’ The material, quantity and cost meuts lad in 1880 are as follows: Square Material, Miles. yaras, Cypress (i Cedar., . s Sioux Falls Colorado Woodruft Asphalt Brick.. of pave- Total... . Prior to 1880 there had bec 9,14 miles of asphalt paving, 1219 miles of stone, 15,01 miles of cedar block, and 4.65 miles' of cypress, a total of 40 pavement thut cost §2,641,506,18 the work of 1880 makes 51 d in Omaha his with Lhere were constructed during the 705 lineai feet of sewers, costing $104,- 5, in addition there expended .06 for new cateh basins, manholes, at the order of the mayor and council. I'nis makes a total of 72.02 miles of sewers in the city built at a cost of §1,221,0604. ull of the paved streets were swept weekly, at a cost for the year of $20,426.23, During the year $41,019.32 were expended in the construction or sidewalks, of which 8,441 lineal fect were of stone, at a cost of 29 §3,128,22, “The report is accompauied by tabulated statements showing the exact amouat, lo- cation, iind and_cost of all tho grading, curbing, sewer, pavement and sidowallc 1m- provements started or completed in 1880. “The expenses of the engineor's department in 1859 amounted to $20,6 or $3,822.17 less thun the amount appropriated by the council for the oxpenses of the department. Mo Horsford's Acfd Phosphate = For Night'Sweats of onsumption, givos speedy roliof. A GENUINE RUSSIAN BATH, The Serfs Utilize Their Ovens as Hot-Alr Baths, The houses of the Russian serfs are of logs, similar to those used in the Unitea States. The roofs are thatched with straw, the windows small, the sta- ble is just back, sometimes separated by a corridor, though covered by the same roof. Their seats are made solid, long benches by the wall; beds narrow and also home made. The piace they cook in is like an old- fashioned brick oven. The kettles are shoved clear in. One peculiar use of the big ovens is to utilize them as hot- air baths. This is a genuine **Russian bath” and is in common use among the peasantry. The primitive ‘‘finishing Off” is heroic trentment, writes a corre- spondent of the Chicago Inter-Ocean from Russia. To take a child outof the oven and give hima cold shower-bath a8 he stands on the snow under the stars will hardly become a favorite pro- gramme in our careful American homes. Pears’ soap securesa beautiful complexion Fast Tune to the Far West, Decided steps have been taken, writes a correspondent, to develop the new route to the east by way of the west, suys the London Globe. Three large screw steamships of 7,000 tons burden, und having a speed of eighteen knots an hour, have been ordered for the Vancouver to }Yokohoma passage, and three others of still larger size and power, capable of steaming uwenty knots an hour, are about to be ordered for the Atlantic passage from the south of England to Halifux, Nova Scotia. in winter, and Quebec in summer. They are expected to be ready in February, 1801, and to make the. passage in five and one-half days at the outside. Trav- elers will thus be able to go from Lon- don to Yokohoma via British Columbia in twenty-three days. The distance is 9,260 miles, as against 18,750 by the Suez canal and 15,500 by the Cape route. Iiven Shanghai is 2,000 miles nearer London by the new route than by Suez, not to speak of the Cape route, which, of course is nearer, i Cbuchs and Hoarsewess.—The irrita- tion which induces coughing immidiately re- licved by use of “Brown's Bronchial Troches,” Sold only in boxes, w We Have Amerfcan Quinin«? Adolph Sutro is trying che experi- ment of raising cinchona trees at his grounds above the CIiff house, says the San Francisco Examiver, It is from the bark of about a rdozen varieties of this tree that quinine 'is extracted, and if they will thrive in ‘this climate the trees will become very valuabie, Moreover, the cinshona is a very showy tree and highly ornamental, some of them growing to a height of eighuy feet. The enoymous medicinal consumption of the rk of the cin- chona has caused t) tree to be ex- tensively cultivated in India and Java. It grows in high dltitudes in New Grenada, Ecuador, Peru and Bolivia, where there is ncfreut deal of moisture. It has been tried with success in Aus- tralia, near the seacoust, and Mr. Sutro thinks some of the varieties will grow here, where there is & moisture in the atmosphere all the year round, i All the rage—Red Cross Cough Drops, 6 cents per box, sold everywhere. . ——rg—rer—~ Citrate of ammonia dissolved in water has recently been successfully employed us an_electrolytic exciting ageut for galvanic batteries, Beware of frauds, Red Cross Cough Drops will cure your cold. s Dr. Birney, practice limited to ca- tarrhal discases of nose and throat. Rooms 248 to 250, Bee building, SHUT THE 2 M OUT AGAIN. The New Jersey Rubber Shoe Co. not only makes better and more stylish, and a greater varicty of goods than any other company, but it is now putting HEEL PLATES on all their First Quality Goods,such as Arctics. Excluders, Lumbermens’ and Heavy San- dals. including boy’s, ladies’ and misses’ Artics, FREH. Sece that the “New Jersey Rubber Shoe Co.” is stamped in the sole of each pair of overshoes you buy, and you will get the full value of your money, Your shoe dealer should have New Jersey goods in all widths, from A. A. to W. W, ‘With or without heels. Also high Button Gaiters with Leather Button Fly. Tam western agent for the N immense stock, which I sell At Wholesale Only.. 2w Je sey Rubber Shoe Co., and carry an I also have a large stock of FELT BOOTS, (all frce from damage) and German Socks. ISELL AT CHICAGO PRICES. L T. LINDSEY, (0l Harney St., Omaha, Nebraska “MAN OVERBOARDI" A Startling Cry on shipboard—Eules of Action. There is no sound aboard ship so de- moralizing as that of **mun overboardl” It strikes terror to the heart of the bravest of men, and only the best dis plined crews can withstand the panic it usually produces. Almost every ship has a particular rule of action for such ocourrences, according to the Now York Times. The best preconcerted arrangements, however, are often in- applicable, and success depends mainly on the presence of mind of the watch, the man at the life buoy, and the nor- mal condition of tho boats. A cool hand will drop the life buoy sometimes within reach of a man; a ‘“‘bothered” one will either not let go at all or do so before the man has got near the stern. Of all persons aboard ship the officer of the deck should be cool and collected, Rear Admiral S. B. Luce lays down the principle that the most important considerations when a man falls over- board are: 1. The quickest and most effectual mevhod of arresting the ship’s progress and how to kecY her as near the spot where the man fell as possible. 2. To preserve the general discipline of the ship, to maintain silence,and to en- force the most prompt obedience, with- out permitting foolhardy volunteering of any kind. 8. To see that the boat appointed to be employed on these occa- sions is placed in such a manuer thatshe may be cast loose 1n a moment, and, when ready for lowering, that she is properly manned and fitted so as to be efficient in all respects when she reaches the water, 4. To take care in lowering the boat neither to stave or swamp her nor to pitch the men out. And, Fnslly, to have a sufficient number of the sharpest-sighted men in the ship stationed aloft in such a manner as to give them the best chance not only o discovering the person overboard, but of pointing him out to the men inthe boat, who may not otherwise know inf what direction to pull. With steamers the difficulties to over- come in rescuing a mun overboard are comparatively tow, inasmuch as a steam vessel is always under control so long as her machineary is in good order. The rule is to stop as quickly as possible, lower the lee lifeboat and pick the man up. The really fine points of seaman- ship come into play when sailing ships are being handled. The ordeal isa trying one for the best of officers, and the young seamen who can properly place a large sailing ship and rescue a man thathas fallen overboard deserve the highest credit for seamanlike qual- ities. Rear Admiral Luce, one of the best seamen in the United States navy, and now on the retired list, had a favorite habit while in command of the North Atlantic squadron of ordering a mid- shipman to relieve the officer of the deck from duty, and tho instant the young man took hold of the speaking trumpet the observing officer would quickly pass o signal and in twinkiing the terrible ery of “Man overboard!” would ring through the ship, It wasall done to test the young mdshipman’s nerve and fitness for his calling, and the admiral’s delight in catching a young officer napping was amusing. Generally, however, commanding offi- cers rofrain from allowing the cry to be sounded solely for practice purposes, inasmuch as seamen have been known to jump overboard to the rescue of their supposed unfortunate shipmate, The rule is a stringent one that no sailor shall jump overboard for rescuing pur- poses unless permitted by the officer of the deck, but many brave fellows do so in spite of the regulation, and no few lives have been lost in foolhardy under- takings. e Ladies who value a refined complexion must use Pozzoni's Powder ~it produces a soft and beautiful skin, e Confessions of an ex- Texas Siftings: 1 was not reared in the lap of luxury, 2nd I have not always been on fawiliar terms with aflluence. In my youthful days I did not sit in the splendor of the dress circle at the thea- ter, nor dazzle the common herd with my diamonds from a box. I occupied instead, a throne near the ether-blue dome of the opera house, as I gathered my store of information Irom the stage. I have guyed the star actress and ap- plauded the man with the performing dogs, To me the greatest show on earth was the old rehable Uncle Tom-er, which is still doing business at the old stand, with increased facilities. 1 ad- mired its fieree, toothless bloodhounds, its tattered und tactless Topsy, and its deep-scheming Marks, If Uncle Tom Three Nights January Ifi. I7’ la and Matinee, The Great Laugh Maker 1Z16]ZAG]| One continuous lnugh For two hours and a half.” Humorous Dislogue, Funny Sit- uations, HBeautitul' Costumes, Catehy ' Music, Pretiy Girls Grotesque Dan Negro Dances, Burlesqu Kegular prices. Seats will bo put on sale Wednesduy. GPER, COMEDY, TRAVESTY, - anE 751206 READ THIS LETTER. «For vears I have been afilicted with bad Digestion, Constipation and Piles. I have tried all tho medicines I could got hold of, but all in vi . Even my physicians could not relievo n costiveness, in the mean- tme Iutruggled under great pain, Lifo was aburden, Two woeksago Lsaw the Chlcaga es,” and my eye fell on an advertise. Tutt's Pills, ot 'hey have worlq;d wonderfully, T ne regular, don't make me sick, gi appetite and are curing my piles. I am atrong and can walk any distance. If1 had my life, thelr value, which Is beyond expression.” THERALD LUND, Springficld, O, Tutt’s Liver Pill ASSIMILATE THE FOOD. CLOTHING. himself had not been so old and feeble, and had turned a few somersaults around the deathbed of httle Eva, he, too, would have won my vociferous ap- plause. I recognized no good or evil from the standpoint of a gallery god; when the beetling-browed villain knocked the hero out in the second act, and held the flufly-haired heroine a red- eyed captive, T np{‘)lnudod the man on top. For I knew that the good did not die young—on the stage—und that the hero had as many lives as a common house cat; that in the last act he would wed the fair, false-haired givl, while the stiff, pulseleéss m of the decp-voiced villian was being draggoed away through the labyrinth of wings, Tha stony heart of a gallery god is moved of the sight of Enoch Arden’s stoop-shouldered form, us he turns sadly away in the gathering gloom and plods wearily toward the nearest saloon; and I have often wished that Colonel Arden would get drunk, come back and reveal his identity creating a denouement that would shake the house from gallery to parquette, I have sat dumb and motionless on my unpainted throne while the sylph-like form of the flower of tho graduating class came upon the stage, swept her trail behind her and read the old, tot- tering story: “*We stana today upon the threshold of life.” To-wit: The afore- said flower was my sister,and I sat with range of my futher’s spectacled vi- sion. —-— Mrs. Winslow’s Soothing Syrup for h ildren teething is the family benefuc- or. 2bcentsa l)ou’ln. A Watch ihat Runi Theee Years. A journcyman eclockmaker in the neighborhood of Lyons has invented a method of maling a lady’s watch go without being wound up during a whole year, o man’s watch during three years, & pendulum of middling size twenty ears, and a public clock for a space of 280 years, He manufactures watches of 50 “smull & size that they are worn in fin&er rings, taking the place of a seal, and require winding but once in fifteen days, says the New York Tribune. Of course you have heard of the watch worn by the Empress Marie Louise on the forefinger of her left hand, That was u rare jewel, and was said to have cost 250,000 franes, Kifty francs will buy one like it now. There is one.great drawback to these watehes—they can be wound up ooly by the inventor himself or those acquainted with his secret, The worke are indcases hermetically sealed, ‘The Inrgest, cSTwi fnest in the world, Passenger accommodntions unexcellod. New York to Glasgow via Londonderry Ethiopia, Jun. .... 18th | Devonia, February 1st Anchoria, Jan ... %th | Furnessia.... Feb. 6th Now York to Azores, Gibraltar made ay i esque Clyde and North of Ireland, or River Mersoy wnd South of Irolaud, or Naples and ralter, CURSIONS OT PARIS OR CONTINBNTAL uns on lowest terms. Travelers' Clroular Letters of Credit and Drafts for any amount at lowest current rates. App!y to any of our local agents or to Hederson Brothers, Chicasa, 1L H. 8. HAnL. H. V. MOORES, C.'H. MARes, U. P. Depot. ExposITION=—— ——UNIVERSELLE, PARIS, 1889, The Highest Possible Premium, THE * ONLY » GRAND « PRIZE FOR SLEWING MACHINES, WAS AWARDED TO WHGELER & WILSON MG, €0 ~———AND THE—— #CROSS OF THEM LEGION OF HONOR, WAS CONFERRED UPON NATHANIEL WHEELER, The President of the Company. WHEELER & WILSON MFG. CO, 185-187 Wabash Ave., Chicago. J BY SOLD P. E. FLODMAN & Co. 220 N. 16ih 8t., Omaha,Nel. IMKEN SPRING VEHICLES Try Ones -';'-fl":n o, BES At actin to op SRR R T JOSEPH GILLOTTS| STEEL PENS GOLD MEDAL PARIS EXPOSITION 15%5. Nos, 303~-404-170-604. | THE MOST PERFECT OF PENS.

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