Omaha Daily Bee Newspaper, May 29, 1890, Page 5

-~ GARLANDS FOR DEAD HEROES Preparations for the Twenty-third Observ- ance of Memorial Day. TRIBUTE TO A GREAT BODY he Origin of the Grand Army of the Republic in Springfield, 11— arly Days of the Organization, The following is taken from the New York Tribune For us the budded laughter of the May 15 benutiful Upon the lund; but more for them, Our hieroes gone, the ro Unfolds, or the fair li e ) hless Their livin es with pure loveliness. 2 bird at the morn, Greoets them with gladness of a day new born, No kiss of ehild or wife Warm« their cold 1ips again to love and life, Break sWe slumbers with as sweet ro- least They may not awnke again! But from the precious soll, RBorn of the toll, Nursed with what crimson rain We pluck today the snow-white flowers of pence Mernc ay—May 30—has become a “‘rec letter” day indeed in the American calendar, More than half the states of the union have made it by law a legal holiday. By common consent thousands upon thousands of loyal people of the land look forward to its obsery- ance with o spirit of love, tenderness and thankful appreciation which pertains to none other of the anniversaries they delight to celebrate, The growing esteem in which itis held is a constant tribute to the great organi- zation which instituted and perpetuates it— the Grand Army of the Republic. In no town or city of the country the y so warmly greted or 50 generally observed as in the city of New York, for none is so rich in heroes. dead and living, and nowhere is this wonderful frater- nity so strong in numbers or more self-relian and patriotic, In New York and its immed ate neighborhood more than fifteen thousand veterans of the war, recognized as members of the Grand army, are preparing for the ceremonial which their ritual prescribes for Memorial duy of the year 1500, the twenty- third occasion of its observance. Less than a quarter of u century has passed since this giant society sprang into existence It numbers today with its thivty-eight depart- ments, cach covering a state or territory, nearly half a million of men. Of its young- est niembers fow have not passed the age which renders them by law no longer cli ble for military service, while mauny of it seniors had exceeded the limit when the war of the rebellion opencd. It was fitting and most appropriate that the Grand Avmy of the Republic should have its 1pon i1s stem y sh Ay Dirthplace ii the same eity which was for so many years tho home of the “martyr presi- dent," and that the bones of the “Savior of his conntry” and _thoso of the founder of an organiz ade up of Lincoln's “boys in blue” should repose in hallowed places not far from the banks of the Sangamon. OIIGIN OF THE GREAT ORDER, Tt was in Springfield, T1L, early in the year 1866, that Mayor Benjamin Franklin Ste- phenson, who had faithtully served during the war as surgeon of the Fourteenth Ilinois regiment, conceived the idea of an organiza- tion which might cement in_civil life the friendships formed amid the hardships and perils of the war. But he had a purpose be- youd mere fratornity. He believed that there was need of such an organization to secure legislation for the care and education of the orphans of dead comrades, to. provide for their widows and children,’ to build home for homeless veterans upon’ whom the hand of adversity had heavily fallen, and to aid the disabled and destitute in their advancing year increasing inficmitios. Thus did this farsceing soldier attempt to remove from the nation the shame of permitting men who saved its life to live, dic and be buried as paupers in the land they helped to save, and to comfort and relieve the necessities of _ those dependent upon them, # ""On April 6, 1566, Major Stephonson, acting as provisional department commander of Il inois, mustered in - twelve companies as post No. I, at Decatur, in that st ritual was an imperfect one, viewed in the light of today, but the orgunization spread rap fally in the west, and on October Dr. Stephienson, ‘as provisional mander-in-chicf, called the first national encampnient, which met in the city of Tndianapolis’ on’ November 20 of the same year. Before this an Illinois State Encamp- ment had been held, at which General John M. Palmer, Dr. Stephenson’s old_colonel of the 1th Illinois, was eclected Department Commander. At the fivst national encump- ment representatives from the States of Ili- nois, Indian uri, Kansns, Wisconsin, New Yorl, I Ohio,' Towa, Ken' tucky and’ the District of Columbia were resent. Indiana’s great war governor ad- ressed the convention and predicted tor the organization o glorious success. The election of n commander-in-chiof resulted in the choice of General S. A. Hurlbut, of Ilinois, and he was the first to hold this post of Tonor. - During the year 1867 great progress was “wde in the work of organization. Posts were formed in all the c and towns of importance and * Departments” were set up in the various states, The sccond national encampment met in Philacelphia on January 15, 1868, The order had gained amazing stréngth in the meantime, and the roster showed the existence of 2,500 posts, with a membprship believed to_exceed 250.000 of the best men of the war. General John A. Logan was elected commande chief, and to the gallant and typical volunt soldier belongs the honor of issuing the first order for the observance of Memorial Day. To whom the credit should be given of originally suggesting the beautiful ceremony of decorating the graves of dewd comrades s not fully settled. It is t, however, that the first suggestion from a formel privato of the army, who « a lotter on the subject to Colonel Chipman, General Logan's adjutant- general. The letter came from Cincinnati, and the writer, a native of Germany, spoko of a custom provailing in the Fatherland of assembling in the spring time and scattering flowors upon the graves of the dead. He ad- vised that the Graud Avmy inaugurate such an obscervance in memory of their dead. 1t is much to be regretted that Adjutant General Chipman failed to preserve the letter, and was unable to remember the writer's name, THE FIRST MEMORIAL DAY, addrd 1} Generel Logan, however, warmly approved of the suggestion and issucd this now famous general order: 1EADQUARTERS GRAND ARMY OF 'rmc} runLI Washington, 1. 1. The wth day of M for the pu with or aves of comrades rcountry during n, and whoso bodivs itow e o and hamlet chur this abservance no forn emony 18 proseribed, but posis wnd com= s Wil their own way arrange such fit rvices and testinionfals Of respect us WSLANCOS DAy Perniit, wre organized, comrides, as our regula- toll us, the purposé, umong other nd strenithentng those inges whivh hive bound almost overy clty’ vill yard in the lund e elre W thon: things, “of proserying Kind und fratornal fi together the soldiors, sailors und mirines who united to suppress the late rebellion.” What t canald woro to assure this result than by cherishing tenderly the memory of our herofe dead, who wade their breasts a barricade bo- tween our country and its foes. Their soldie Yives wero the reveille of freedom to a race | chalns, und their deaths the tattoo of rebel- Hous tyrinny In arms, We should guard their graves with sacred Vigilunce, Al that gl cousecrated wealth and tusto of tho nation can add o their adornment and seeurity (s but u fitting tributo to the memory of her sluin de lers. Lot no wanton foot tread rudely on ) hallowed grounds, Lot pleasant paths in- of reverent visitors no vindalism o ages of Lime, testify coming generations people the cost of wnd gol . eglect, no to the and AVATICS OF 1 o the pros thint we hive fo Y & froc and undivided r g It other eves grow adull and other hunds slack and other hearts cold In the solem trust, ours shall keep it well as long as the Ught and warmth of 1ife remain to us. s, then, at the time appointed, gather pround (heir sacred remains and garland the ehassionless mounds above them with the Chotcest flowers of springtime; lot us raise above them the dear old flug thoy saved from dishonor; et us n this solenin prasence renew our pladges to ald and assist those whom they Duve lefe among us, u sacred charge upon i nation's gratitude—the soldier's and sallor's widow and orphun 2. It 1s the purpose of the commander-in- Ebiof (0 luaugurate this oleervance with the hope that (t will be kept up from year to year while & survivor of the war remains to honor the memory of his departed comrades, e nostly desires the |n|h|tr‘rnw4lu call ate tention. o this order, and lend its friendiy ald in bringing fe to the notico of comrades {n all parts of the country in time for simultaneous complianes therew th i Department commanders will use every effort to muke this order effective. By coni- mond of JOus A. LOGAS, N. P. CHipyax, Cormmander-in-Chief. Adjutant ¢ al The order met with a most enthusiastic re- sponse throughout the land Two y {onal encampment, which was held at Washiugton, 11, 1870, adopted the following as a part of the rules and regulations, and waae the celebration of the day perpetual: The national ¢ 1ishes a memori: on campment hereby estab- to be observed by the members of the Grand Army of the Republic, on the 30th day of M muially. in commem= oratlon of the deeds of our fallen comrades. When such day occurs on Sunda; the suc- 1z day shall be observed, except where, by legal enactment, the preceding day is made lozal Hoiiduy, when such day shall bo ob- er One of the first declarations of principles which the Grand Army of the Republic put forth was that it was ‘“organized to maintain in eivil life those grand _prineiples for which it stood in arms under the national flag; that it stands pledged to crush out active treason, to advance and support loyalty, to secure sound constitutional liberty to ali men, and to vindicate everywhere and at all times the full and complete rights of cvery loyal American citizen against all combinations of force and fraud that may attempt to deny or deprive them of such rights.’” ALMOST WRECKED AT THT START. These principles were certainly sound and in themselves unobjectionable, bit during the exciting campaign preceding the presidentiul election of 1368, when General Grant was first chosen chief magistrate, partisanship ran_high, and many impetuolls young men within the grand army argued that under th declaration quoted, no soldier of the war could_conscientiously oppose the republican ndidate, The result was the widespread dissemination of a belief that the grand army was organized wholly on political lines and that its aims were political. The c sequences were deplorable to the organizi tion, and the result was that when the heat of the presidential campaign died away, it began to disintegrate re T n it had formed, Man ter extinetion. An_additional cause at this time of dissatis- faction was a change in the ritual, creating three grades of membership, the rccruit, the soldier and_ the veteran. with signs, grips and passwords in each degree. A ‘“recruit” of two month could be advanced to the grade of “soldier,” and the *soldier” at the end of six months could become @ *veteran.” But the chango was ssively distasteful to men who had entered upon actual service through the simple process of @ muster- in, and who had been made not imakinary but real veterans by three or four years of hard fighting at the front. Tho ranks were depleted so rapidly that the membership of a quarter of a million fell in a short time to less than one-tenth that nbor. Years of depression followed, but n the national encampment met,_in May, , it most sensibly struck from its consti- tution all reference to grades, and ulso in- serted the following, which eliminated poli- ties forever from the organization : Noofficer or comrade of the Grand Army of the Repubiic shall inany manner use this or- ganization for partisan purposes, and 1o dis- cussion of partisan questions shall be permit ted at any of its meetings; nor shall any nom ination for political office be made.~Article xi, chapter 5, Rules and Begulations. From the day this regulation was place and Ariy statute books, the body has y grown in numbers, influencé and power for good. Its progress at first was slow, for it regained the ground and the con- fidence it had lost with difliculty. For sev- cral years, however, the accessions did not exceed the losses, bub by 1579 the Grand Army began pereeptibly to v from its rly mistakes, and its roster showed the en- rolment of 44,502 men. At the national cn- campment of 'the following year 60,673 names of members in good standinig stood” upon its rolls. don ON THE UP GRADE AGAIN. The report of the adjut March 51, 1852, showed thy visen to' S0.034, a net increaso durin the previous vear of 2, Hence- forth the growth of the socicty pheaomenal, The reportiof March i , exhibited a total membership of 145 and the then enormous increase of 55,000 to the rolls, A year later, March 31, 1534, the adjutant gencrul reported 233,505 the organization, or the surprising addition of $8,000 men With the increase of numbers came the additional ability to aid destitut rades and their fami the records show that for relief. Every post possessed a relief fund, and the ne es of its members were looked after without appeal or even knowl- edge of the publie. Iach subscquent year has shown a corresponding inercase of mem- bership and fiscal ability On March 31, 1855, the muster roll showed the presence in' the' Grand Army of 23, men, a net gain_over all loses by death, sus- pension, etc., of 67,57, while the amount ex pended Tor relief during the year exceede $170.000. The number of persons relieved was 15,406, The next veport, dated Mag 1886, showed a membership’ of 206,337 veter ans. The relief fund had then reached $205,000, while that of the posts themselves aggregated 301,012, footing up over half & million dollars in'charity. Since then the relief expenditures have yearly ex- ceeded this handsomo sum. In 1587 the rolls_of the Grand Army hore the names of 320,646 men in good standing, and the following year they had_grown to in- ide 854,216 veterans, spite of a death list of 5,406, The mortuary tables have since been constuntly inereased, making it certain that they will” soon begin to_pull down the grand total of membership. In 135 the ad- sl veported on the rolls in good 1,216, und last year it stood at the at, figzure of 365,24 y the Grand Avmy of the Republic has in active existence not less than 6,450 posts, and carries on its muster-rolls about 410,000 honorably discharged veterans of the war. Since 1571, when the organ started out upon' its present busi given not less than $2,000,000 to charity, Sl e A Peculiar Medic Apply to a cut, bruise or burn, Chamber- fain’s Pain Balm and it will produce a sooth- ing and pleasant effect. But saturate a piece of flannel with it, and bind it on to a sprained ankle, o sore throat, or a bad case of rheuma- tism or neuralgia, and it will almost blister, will promptly relieve the pain and _soreness and effect a permanent cure in less time than any other remedy. Lame back is one of tho discases for which it is peculiarly adapted and when used as directed always clicits' the generous praise of those who use it. All druggsts sell it at 50 cents per bottle. nt, general made the number had 154,000 wais ex] e All Girls Should Row. Young women should conquer the tim- idity that they feel the moment they set foot in a row boat, says the Ladies’ Home Journal. A young man of the right sort has no patience with the want of confidence women have in themselves and in his care for them, Bear in mind, courage is & quality not to be despised, and can be worn becomingly by any gir It will come to you and perchance h as it does to all'women in somo time o great emergency, and yet you are hero afraid of that which an Ida Lewis has mastered when at its worst, and which, if once understood, would give you pleasure and greator bodily stren Some good oarsman will show you how to sit in a boat and how to row with one our and then with two He will teach you the strokes and other matters necossary o be acquired. Enjoy your ‘rowing as you would your bath or your breakfast, be- Ccause it is good for the body and helps, as does all physical exereise, to prolon life. Swimming, girls take to even bet ter than boys, and ave much more gr ful; and every girl should, if possible understand this most useful of pastimes, - California Oat-R-Curve, The only guaranteed cure for catarrh, cold in the head, hay fever, rose cold, catarrhal Kkeafness and sore oyes. ' Rostore the sense of taste and unpleasant breath, resulting from catarrh. Easy and pleasaut to soe. directions and a cure is warranted druggists. Send for circular to ABIET! MEDICAL COMPANY, Oroville, Cal. Six months' treatment for §1: seut by wail, §1.10. Sold by Goodwan Drug Co. | was dissolved Junuary 1 DO THE PEOPLE WANT IT? Thager Says the Extra Session Will Not Be Oalled if Citizens Oppose Tt, THE QUESTION OF THE HOUR. Are Members of the Legislature Who Hold Other Official Positions Eligi- ble for the Special Session, Liscor¥, Neb., May 28.—[Special to Tne Brr.]—In conversation with the Lincoln cor- respond & Bex today GovernorTh declared that if the peoplo did not want the ure they need not alled it was beeause extra session of the leg have it. The reason he ¢ he supposed the peoplo wished it. If the izens of the stato do not wish the session, he said, they have it in their hands to prevent it expressing themselves as opposed to #t. The governor would not further ex- by simply press himself. The governor says that thus far only one of the members of the legislature now holding other public positions has yet handed in his guation. This one was received yesterday . Baker, now United re. and was from Benjamin States distriét attorney. TIE BURNING QUESTION, The burning question of the hour is con- ors elected to other pubune positions being entitled to hold | hall. The call issued was for all union their seats in the special session called to On_ this pomt_Attorney Gen- cerning the right of logis meet June b, eral Leese expressed his opinion this evi The case in point was that of Se Kern, who isat present county t ning. The ques termine, Section 7, arti 3, pr turns and of the qualifications of itsm No one has the right to question Kern mbers. tion the weight of ey oftic the authority of this state,” they apply only to such ofticers as are mentioned in the consti- tution or such as receive a fixed salary paya- ble out of the public treasury of the stat; I am of the opinion that_Kerns should hold his as senator until the senate holds other- wi According to this decision Mayor Cushing, County Treasurer Snyder and County Com’ missioner Berlin of Omaha are still members of the legislature uunless that body holds | otheriise. CORY ARADING. Mr. A. G. Scott of Kearney writes to Gov- ernor Thayer concerning the statement of a writer signing himself “Nebraskan” in a local paper, in which the latter claims that there is no 'reason for a change in the system of grain_inspection for corn and afirms as a reason that %0 per cent of the corn crop of 1889 for six months has graded 2 at seaboard markets, three-fourths of the same coming oft the ground. Mr. Secott say examined the : “I have with much care 1y market reports of Chicago, the largest corn market in the world. From vember 27 to May 19 for one ¢ I find the receipts of corn at Ch days mentioned was 9,558 cars; number of s that inspected No. 2, 3,255; number of cars that inspected No. 8 or less, 6,603, This tabulation shows that less than’ one-third of the receipts at Chi inspected No. 2, leay. o ay in each week ing a difference of 5,618 cars less than the | statement of the writer. If this number of cars_was inspected No. Bor less in C and No. 2 at seaboard mavkets, the producer has lost not less than 2 cents per bushel and perhaps more, equal to a loss of 56,180 for one day of cach week. Is it not time for son one to advoeate a radical reform in inspection at central markets, or the placing of inspec- tion under government control ' A PEMALE THIEF CAPTURED. R0sa Beasley, the young servant girl who bbed Mrs. Glover, her employer, of nearly 0 worth of valuables about two montk ago and then fled, has fiually been captured at St. Joe by Detective Pound of the police force of this eit Rosa accompinied Detective Pound with- out the formality of a requisition and arrived in Lincoln late last night. She is only thir- teen years old. A STATE MUSEUM. Ex-Governor R. W. Furnas, the state board of agriculture, is mling preparations for placing a library and exten- sive museum of Nebraska products in a suite of three rooms in the 1z of the capitol building. The museur ms and will contain_specimens of the various products of the state, both agricultural and mineral. The space in the rooms will be en- tirely occupied with large glass show cas withi aisles between them. I cach case will be fifty large jurs containing the specimen products and information concerning the same pasted on the jars. Tho glissware is being especially made for this purpose in Philadelph Sx-Governor Furnas will place his own private collection in the museum, which is the vesult of thirty-six years' work and study and‘which is pronounced by high authorities as the best private collection in the count Mr. Furnas will probably bequeath this col- lection to the state at his death. It has al- ready been taken to the state house, and as soon as the glass cases and jars arrive the products will be made ready ~for permanent hibition. Additions will” be made from time to time, ccretary of NEW PAIR ASSOCIATION, A fair association has been ory Custer county which will give its hibits at Callaway. The organi known Callay associati stock is 4,000, The incorpor: are C. C. Woodruff, F. E. antwerp, David Sprouse, S. C._ Waldron, D. Trayer, S. H. Yoder, G. A, Hoover, N, M. Jones, B. Havper, Arthur Bird, C.' M. Britton, I1. H. Andréws, W. Holway, James M. Henvy, J. Woods Smith, W. J. Coons, IL wiger, Edwin Bird, Georgo Smith, M. Conley, N. M. Morgan, J. H. or, L. Michael, L. W. Cormire. Articles of incorporation of the Bank of Orleans, Neb,, huvo been filed. The capital stock is’ $20,000 and the incorporators are George H. Green, Walter H. Green and Ed- gar L. Meay anized in nnual ex- ation is to be ultural Fair AN ALLIANCE MILL. Seven men at Madrid, Neb., have formed a flouring mill organization, to be kuown as the mers' alliance milling company of Madrid, and this morning filed articles of incorpora tion with the secrotary of state, The capital stock is $15,000. The incorporators are J. M. Sheridun, J. Kegras, Robert S. Carothe William Tatum, . L. Gloss, Fred Gilduer! BOTH CLAIM THE PAPERS, Some weeks sinco J. J. Tmhoft filed a ition in the district court asking judgment inst Attorney Thomas Ryan, claiming that the latter had $1,330 worth of notes belonging to him, which Ryan refused to turn over, T day Ryan filed ‘his answer, in which he ad- mits hie refused to turn over the notes, clain ing_ that they belong to himself. He furthe declares that in September, 1837, he entered into an agreement with Imhoff to the effect that if by the October of the following year he paid $2,500 to that gentleman the litter should reléase all claim to the notes, He paid the money, but Imhoff refuses to rolease the notes. Ho says also that the notes were sim- ply given <lmhoff us collateral sccurity for cortain notes and mortgages on property, and Lnboff has long since releused the lots Which were covered by the mortgages. He asks the court to decree the notes as his. JONN 8. DAVIS CHARGED WITIT PRAUD, Wallingford & Schamp have filed a very sensational potition in the district court against their late partner, John J. Davis, a woll known resident of 'Lincoln. They set forth that in June, 1385, the fiem of Walling: ford & Schamp entered into an agreement with Davis, formiug & copartnership, the firm to put in their assets, etc., at $37,445.74, as & two-third share, Davis to furnish’ #,700 in money. They ussert that Davis had churge of the books during the continuance of the partnership, and entered upon th in the amount of money ho was to put iuto the business. Thoy say that they believed he had doue this, but ullege the fact to be that he had made false and fraudulent en tries in said books and appropriated $1,200 of the amount to his own use and benefit They furthor alle false entrie: n unknows he has taken and used for b which they believe exc: amount, and that nself an smou s 83,500, The fir ator John | ! surer of Dodge county. Attorney General Leese n is one for the legislature to vides that cach house shall be judge of the election re- s elig- ibility but the senate_itself, and whilo the authorities are not in harmony on the ques- dence secms to be that where the constitution uses the words “public ' and “holding a lucrative office under ago on the | m as paid | ceived one-third of the tilte of the assets of the firm. ) They allege that at the time of the dissolu- tion Davis acknowledged that he had misap- propriated a sum unkhown, but which he said did not exceed $500, and that if they dis- covered at any time that more than that amount was due, he wonld make said short. age gaod. Thoy ask the court to compel Davis to show bow much he putinto the com- pany, and how much he s yet indebted 1 reason of the facts allegiud above. MEETING OF CITY COUNCIL, At the meeting of the eity council last even- ing it was decided to coustruct a sewer for the drainage of Aand B streets between Eighth and Thirteentli. The city engineer makes the maximum estimate for the con- struction of the same at 81,50 The width of roadways on Bighteenth street from J to O, and Off L, street from Six- teenth to Twenty-first was ordered narrowed to forty feet, the owners of property abutting on these strects to have the benefit of the land discarded. The mayor was authorized to borrow §25,000 on the credit of the city, the amount to be placed in the water fund for the purpose of making required improvements and exten- f water mal gz district No, 15 was ordered paved, and the board of public works ordered to ad- vertise for bids for the paving of the swme with brick. As the majority of the residents in disteict No. 14 have deciiled to have ce block pavement the board of public works was ordered to advertise for that material, An ordinunce was passed_calling for special election June 26 for the purpos voting $100,000 bonds for intersection paving. 1t wus decided to call a special eleetior to vote §20,000 for sanitary sewer extension, HOD CARRIERS WANT NINE HOURS. An open meeting of the Liod carriers of the city was held this cvening at Union Labor nd | non-union hod carri to meet and devise the best means of putting into effect tho nine-hour system. The president of the union thus voices the sentiment of his fellows: *It time for the hod carriers to have shorter for work. The laborers are the pro- s of all wealth and should have more of its enjoyments. We must fight our own bat- tle, as no one else will do so for us.” En- thusiastic specches endorsing this sentiment were made and @ resolution passed endorsing tho nine-hour da; SUPREME COURT PROCEEDINGS, The following were the proceedings in the supreme court today : Plattsmouth vs Boeck, motion to dismiss overruled; state ex rel Jenkins vs state board of cqualization, order as to filing briefs; state ox rel. Lancaster county vs Chicago, Burlington and Quiney railroad company, Thomas Darnell appointed veferee to take testimony and report inding: of The following cases were argued and sub- mitted: Chicago, Burlington and_Quine; | railroad company vs Barmard: Killer vs Amos;_stato rel Millne vs Cashman; Lewis P. Reynolds vs Dietz. The following new eases were filed: Owen W. Butts vs Georze W, Hunter and others, appeal from Hall; Phenix Insurance company of Brooklyn vs Swartkowski, error from Howard county. The following opinions were handed down: |, Tyler vs Baxter. Error from Antelope county. Reversed and remanded. ~Opinion by Justice Maxwell. State vs Nebraska distilling company. Orig- inal case. Injunetion coutinued. Opinion by Justice Maxwell 1. Corporations can be organized under the Laws of this state for a lawful purpose only. Unlawful acts of & corpovation are not limited to those which ure mala prolibito and malum in se, but include powers which the corpora tion §s not_authorized to cxcreise und con- tracts which they are not empowered to mike, | 2 A contract in_total restraint of trade in | the state and which tends to prevent compe- tition in an article of commerce and create a monopoly theremn is nult and void, and a like rule applies to a conveyance exceuted for a like use, a lawful purpose is therefore ultra vire The court having jurisdiction a part cannot, while the action is pending, dispose of the property and prevent a- final jJudgment in the casc, 1. T'he franchise of a corpe ion being an- nuiled the question of the rights of prop and of 1 intervenor tierein will not be d 1 until all claimants can be heard vs Williams Evrror from Douglas cou Reserved and remanded. Opinion by Justice Maxwell. n action for the removal of earth at per cubic yard oue S, testified that d cross-sectioned the work pefore the grading was done and in substance that the measurements were accurat A. M. H. then testitied that he and S, had made estimates from the data furnished by S. and from such d a tain number of cubic yards of carth had been removed., Held. Xhat the evidence of H. was properiy received. 2. Where the engineers of the city have cross-sectioned certain grading to be done fo the ci made estimates thereof and filed the me in the engineer's depurtment such esti- mates are admissable as prima facie evidence of the correctness of suc [l estimates. Roberts vs Patterson. Error from Boone county. Reserved and remanded. Opinion by Justice Norval. McCord, Brady & Co. vs Neil et al. Appeal from Douglas county. Dismissed. Opinion by Justice Maxwell 1. During the hearing for _the appointment of & recciver the court permitted the plaintiff to file an amended petition to which the de- fendants objected, but did not ask leave te filo amendod answors thereto, and it agreed that the oviginal auswers should app to the amended petition, Held. That the power to grant amendments in furtherance of justice could be exercised by the court in such hearing, a reasonable opportunity being given to the adverse party to plead to the sam that therefore there no abuse of di: tion. 2, The appointment of receiver to_take charge of property pendente lite is an inte y ovder and no appeal therefrom can be taken until after finul jJudguien t. CITY NOTES. Mr. E. J. Ernst has resigned his position as of the real estato_exchangzo and J. has_been appointed as his suc- . Hercafter the exchange will meet but once a week until September, The meet- ings until that time will beat 4p. m, Wednes- do An agent of Frank Leslie's Weelkly is in the city making arrangements to publish o sup- plément showing the attractions of Lincol Herpolsheimer & Co. filed their auswer today to the petition of J. J. Imhoff to recover £5,400 for alleged breach of contract in re- frard to their occupying the exposition build- ing and for cortain altcrations plaintiff claims he made at their vequest. They put in a counter claim for $7,500 damages. Sick Headache 8 a complaint from which many suffer and fow aro entirely free. Its cause is indigestion and a sluggish liver, the cure for which is readily found in the use of Ayer’s Pills. I have found that for sick headache, caused by a disordered condition of the stomach, Ayer’s Pills ore the most re- liable remedy.”—Samuel C. Bradburn, Worthington, Mass. “After the use of Ayer's Pills for many years, in my practice and family, I ani justified in saying that they are an excolfunt cathartic ad liver modicine— sustaining ull the claims made for them, —W. A. Westfall, M. D., V. P. Austin & N.W. Railway Co., Burnet, Texas. Ayer's Pills are the best n known to me for regulating the and for all discases caused by o dis ordered stomach and liver. T'suffered for over three years from headache, in- digestion, and "constipation. I had no appetite ‘and was weak and nervous most of the time. By usiug three boxe of Ayer's Pills, and at the same time dieting myself, I was completely cured." — Philip Lockwood, Topeka, Kansas, “1 was troubled for years with indi- gestion, constipation, and headache, A fow boxes of Ayer's Pills, used in small daily doses, restored me to health, They are prompt and effective.”"—W. H. Btrout, Meadyille, Pa. that Davis made other | 1855, and Davis re- | Ayer’s Pills, ¢ PREPARED BY Dr. J. C. Ayer & Co., Lowell, Mass. 80ld by all Druggists and Dealors In Medicine. Sorta see HATS, A VETERAN ———————— ~——TELLS ABOUT~—— T was wounded in the leg at the battlo of Stone Rive My blood was pols. s of the wound, a s The poison extende] to my wholo until I took Sw oned from the $0 for many years. did me any good and enabled me to feel myself a man agai took the poison ou JOIN €O 'AY, London, Ohio. (rom which T sufferod untold agonies. I K, Flushing, L. [ “ For thirty years I was afflicted with blood poison commenced taking S. 5. 5., and after using five bottles, Thres bottles of Swift's “ 1 suffered f ty years from blood poisoning, suffered for twenty years from biood poisoning, Theee bott cured me entirely.” “ For aboyt eight years T was afilicted with arunning that gave me a great deal of pain and no end of trouble and inconvenience. section, but without receiving an, cluded to try Swift's Specitic (5. 5. ), and the resul and well. - ‘Therc has been no sign of a return i » Treatise on Blood and Skin Diseases mailed f: (Copyrighted by S. ast summer I con: a short time my le, MAN, Greenvi CIFIC CO,, Atlanta, Ga. benetit, the sore DELICIOUS, STRENGTHENING TO THE NERVES. Tea and coffee cheer but do not nourish. leave an injurious effect upon the nervous system. there is no beverage like Van Houtens Gocoa, “BEST & GOES FARTHEST.” It stimulates and nourishes as none other, leaves no bad effects and is a flesh-former of the most approved type. 2~ VAN HOUTEN They even 'S COCOA (“onco triod,always nsed”). The atrong mny tnke 1t with pleasure and the wenls with tmpunity. Th viated by Its stendy use,and ner ous to tho taste. ASK FOIRR VAN HOUTEN'S AND TAKENO OTHER. und coffee aro o Heved and prov riest sale In the world, " HOW TO BUY The Omaha Medical and Surgical Institute. liner their only th the mana Purchasers have the benofit of RELIABILITY of goods, and the Tow 2t ‘ highq EASFS. Traces. Appltances for Doformities, and of evorv form of dis Poard aud attendan o, Curvatures ot cpile; uy, Kidney, ABENOK WOMEN a fpectiliy. We havo lately ndied o Lying-1n Lop rtment £.r W Only Roiiable Medical Institnte making & specislty of i1V ATE 3 tle pcl3on removol (rom (ha Kystom w blo (0 Visit us muy be tre 10 Remedies for succosstil tre NINETY ROOMS FOR PATIENTS, Write for circulars on Doforuities and Brac mors, Cancor, Catarrh, Bronchiils, Bladder, Iiyo, Kar. ~kin and Blcod, an | all Surgica! Operations. of Diseascs of Women Free. (8tricly Private) All Blood Diseases suc New Restorative Treatn, corieapondonce rely packed. no marks (o Ind nd history of your case, ard we will s Spectalor Nervous Disoases, mpotency, Syphilis, Gl i Omaha Medical and Surgical Institute, Corner 9th and Harney Sts,, Omaha, Neb. HOSPE B st Facilities, Apparitu fodical or Surglcnl 1reatment. Accommodations West. 888 Fifth Avenue lation, E'e triclty, Paralysls, d athome by 1wl 0 @xpres, 5 One porsonal Interview profarrod. r BOOK T0 M etand Varicocele. with qu N FREE, unon Etchings. Engravings. Artists’ Supplies. Mouldings. Emerson. Hallet & Davis. Kimball. Pianos & Organs. Sheet Music. Sin without the sembla him. 1o wil ding Come and be I mail. Boyd's Opera House Bloc THE FIGURE «9." The figure 0 in our dates will make a long stag, No man or woman now living will ever date & Jooument without using tho (gure 9. It stande In the third place in 1890, where it will remain ton yoars and then move up to second placs in 1900, where it will rest for ono hundred yoars, Thore ks another 9" which has also come to stay. 1t is unlike the figure 0 in our dates in tha rospect that it has already moved up to fest place, where 1t will permanently remain. It Is called tho N 9" 1igh Arm Whoeler & Wilson Sewing Machine. The “No. 0" was endorsed for first place by the experts of Europe at the Parls Exposition of 1850, where, after & severocontest with the leading ma: chines of the workd, it was awarded the only Grand Prize given to family sowing machines, all others on exhibit having received lower aw of gold medals, ote. The French Government also recognized its suporiority by thedecoration of Mr. Nathaniol Wheeler, President of the company, with the Cross of the Legion of Honor. ‘Tho “No. 9" is not an old machino Improved upon, bit 15 an entirely new machino, and the Grand Prize at Paris was awardod it as the grand: est adyance in sewing machine mochanism of the age. Those who buy it can rest assured, there fore, of huying tho very latest and best. WHEELER & WILSON M'F'G CO,, 185 and 187 Wabnsh Ave., Chicago: P. I FLODMAN & CO, 220 Northl6ths treet. THE FIFTH AVENUR very particular houso just and will ha 1 to send Wo deal exclisively fn L : Noicest fnportations df f cturer, You save the middio profit Brices consistent with iy, Write s tor information WM. S. KINSEY & CO The Fifth Avenue Linen Store, , - New York Do You Know That Dr. Shmons fs one of the most sclentifio and successful physicians in- the United States, Jones and Tith sts. and treats NERVOUS DEBILITY fieully and s lalist that he'is located at corner of 11 cnses of whatover sclenti= essfully. nons 15 i spe ale compl No person y ot those distrossing troub- rybody know 1t, go to Dr. alarly educated physietin wokery ” ahovt ind - tell w plitinly whether you or not. 11 on him as “housiands rs hivve done. ppy. Successtul trestment by < from S to ot o 5 who 1% o re DR. SIMONS 701 §. Omah 1513 Douglas Street, Omaha, Nebraska. ROOT DR]NI‘Q' HIRES BEER. The Purest and Best Drink in the World, Appetizizing, t Blood Purifier and Tonic, A Package (lquid] BOTTLE Guaranteed. FAT LADIES 2 Reduced 15 (625 pounds por , mokes 5 gallons. e healils - Ask your Druggist or Grocer for it and take that you get HIRES', THE ONLY GENUINE, Made by C. E. HIRE! JOSEPH GILLOTT'S STEEL PENS. GOLD MEDAL, PARI3 EXPOSITION, 1889, THE MOST PERFECT OF PENS. iladelphia, Penn FEMALE BEANS safo, most powerfal female postpald ; ono box y roliable, perfeet Bold by GOODMAN DRU 09 General Cut in Railroad Rates. To Kansas City, $1. To St. Louis, $2. To Chicago, To Denver, Your fare saved by buying a buying that $ suit, made for $68 at the Misfit Clothing Parlor Orleans, $12.50. York City, $16.50. and frock coats, way suit, made for $8 variety in FOR MEN ONLY! ViE enorelan NERVOUS DRDLIRRS STRENGTHM SR e Febia AANIO0D fally Herioreds . Mow 1o soiargs TELOPED Diin) i A e e pm e & Lot GRIE MEDIOAL GO., BUFFALO, Nu Yo DR SANDEN'S ELECTRIC BELT V/TTH SUSPEHEORY T and VIGOUOTS STRENGTH, Torfeit §: b ENELEOTRYOCO.. s +EHICAGD, 1Lt 1809 pair of those $6.83 merchant tailor made pants, made for $13, at Misfit Parlors, 1809 Farnam street, Your fare saved by buying that $16 merchant tailor made suit, made for $38 at the Misfit Clothing Parlors Your fare saved by buying that $20 customm made suit, made for Misfit Clothing Parlors Your faresaved by buying that elegant $28 custom made suit, made for $80 at the Misfit Clothing Pariors, To Washington D. C., $14.50. To Baltimore, Md To New To New Busine 43, at the by buying that $18 custom made suit, made for $40 at the Misfit Parlors, Your fare 8 custom made Prince Albert Your fare saved by buying that $23 custom made 3-button cuta- at the Misfit Clothing Parlors, Your fare saved by buying for $78 at Mislfit Clothing Parlors, that $30 custom made suiy, made styles of goods. Pantaloons in do- mestic and imported fabrics. at prices that astonish the natives, at the riginal Migfit Clothing Parlors, TFarnam Street, Omaha, Nebraska. 1309 All alterations done free of charge to insure a perfect fit,