Omaha Daily Bee Newspaper, November 7, 1890, Page 4

THE DAILY BEE. T' F. ROREWATER, Bditor ; PUBLISHED EVERY MORN TERME OF 8UBSCRIPTION, PDilly and Lunday, One Year Bix months Three nonth OFFTe Bufld ing. Eonth On srner N and 25th Stroeta Counell Bl el Sty 20 Offic Clinmber of Commeroe. rk.Room s 13,14 and 15, Tribune Butlding ushington, 513 Fourtecnth Street. CORRESPONDENCE All communications relating to news and | hould uddressed 1o t RS, jitpanens shonld | Publishing Company, Omul ufts, a,and_postofiico orders o he made payable to the order of the oom pany. The Bee Publishing Company, Proprictors, The Beo B'1d'%, Farnam and Seventeenth Sts Ar\\fl!.‘\ STATEMENT OF CIRC ATIUN Btate of Net m‘<k1 Bounty of Dodelas. o V‘ Tt ity of The Bee Fubli nm.' com D solemnly swear that the nety B ition of Tne DALY BEg week ending Nov. 1, 1800, was as fol- 100 | nesdny. Thursduy, ( Friduv, Oct Baturday, Averago. €worn to before me and sub: 515t dav of Novem N. P, I'rin, Not oses i Koy Publishi dully © the month of Nove: for De i for. Mareh, for A pril, 1800, 20,564 coples: coples: for Jine, 180, 20 2 copless 15t 1K ember, 180 capies: 2 copl FONGE I 1o before me. , this 1st day of ) WHy another cold Tuesday enough? Ti returns from the Third district appear to be Kem-ing right along. BRITAINS free traders can scarcel restrain their enthusiasm until the offi- cial returns ave in, I¥ Omalia had boen blotted from the map of Nebraska prohibition would have been buried just the sume, NEBRASKA isapparently large enough to uecommodate several poiitical parties of respectable proportions, THE BEE has no rival in this latitude in tho matter of election returns, or for that matter in any other class of ne FRO this distance it looks as though England will outyell her allies in the United States over the downfali of MeKinley. AT last accounts Colonel Wolfenbarger was claiming everything, though his voice gurgled painfully through adeluge of bullots. Arot'r one-third of the people have elected a governor in Nebraska, tho other two-thirds to the contrary not- withstanding. As A means of purification the pur tive was rather but the patient will prove all the stronger and healthier for the cleansing. NO EVENT in America since the first Bull Run has caused more widespread joy in Great Britain than the defeat of McKinley. The fact is significant, DEMOCRATS should not forget ths Benjamin Harrison has not yot servod his term in the presidency half out. Also that since 1860 the ropublican party has elected the president seven times out of & possible eight, A pARTY that is not responsible for anything has a great advantage in an election. The party that does things must fuce the criticism of a world full of people that could have done ever so much better, you know. “TreRE is no use denying,” says Sen- ator Farwell, *‘that the people are won- derfully prejudiced against the McKin- ley bill.” Had the senator the courage of his confossion three months ago ho might have saved the country u great deal of heartacne, T democrats have apparently car- ried the New York legislature, which will elect a successor to Senator Evart: , Bither David B, Hill or Grover Clo 1and is likely to be the new senator, and it is to bo hoped that the distinguished gentlemen will not come to blows about it. NEVADA issafe for the republicans. The little mountain locked state, with a scant ton thousand voters, rolls upa majority of five thousand, and plunges to the frontas the banner republican commonwenlth in proportion to popula- tion. Such loyalty is an oasis in tho political desert. GOVERNOR THAYER'S Thanksgiving proclamation is timely, Few events in the history of the state afford stronger veasons for general and hearty thanks- giving than the defeat of prohibition. It subordinates all other results and re- inforces the material and spiritual strength of the state. — Mg. CLEVELAND springs to the front to congratulate himself on the result. “I am delighted,” says the stuffed prophet. “Ichallengo the right of any man in this country to rejoice moro heartily than L” Here isa bold defi, It is direct and unqualified. It isa center shot at the occupant of the execu- tive mansionat Albany, whose pernicious activity during the past fow weeks has provoked no little alarm in Cleveland quarters, The ex-president is determ- ined to mouopolize tho glory. Mean- while those confiding democrats who imagine Hill is not in the presidentinl swim do not comprehend the significance of his steadily growing power in the Empire state. Grover is wolcome o his Joys. David will pluck the ripened fruis. THE ELECTION IN NEBRASKA Returns from thisstate are yot incom- plete. In the seventy-odd counties that have reported unofficlally, James I. | Boyd, democrat, lends Richards, repub- | lican, by 4,135 votes, and Powers, alli- ance, by 6,460, Itis more than probabie that Mr. Powe will decrease the dis- tance befween himself and Mr, Boyd | considerably in the westorn section of the state from which returns have not yet been received, and Mr. Riche ay also gain upon J3oyd, so that cial count may be necessary to deter- mine the result, The interest in the governorship being more than that in the other state off we have been unable to procure ro turns that justify a rational conelusion, The state is uncomfortably close, but with the exception of Mr. Richards the chances 1 more favorable for the re- publican candidates on the state ticket. It is manifest that the thry spublican ates for congress are beaten by decisive majorities, The democrats elect Mr. Bryan in the ivst district over Connell, and demo- t and alliance candidate, McKeighan, s swept the Second distriet by a very rge majority. In the Third district Dorsey and Thompson, the republican and demo- atic candidates, are eclipsed by Kem, the alli candidate, for this political revolu- 11 known to the readersof THe and will be fully discussed hereaf- The contest for the governorship is almost trinngular, There will not bo over five iliousand difference in the votes of either Boyd, Richards or Powers, Returns so received indi- cate that Beyd is elected by from threeto five thousand plurality. It may take the official count to determine the result on the other state officers. The next legislature, so far as ecan bo learned, will be demoeratic and alliance. The republicans will be in the minority in both houses for the first time in the history of Nebraska. Prohibition has met its Waterloo. Tt is defeated by fully eighteen thousand outside of Douglas county and by over forty thousandincluding Douglas county, This means that high licer and loe: option will remain the policy of the state for many ye: to come. NOW FOR PROGRESS. The magnificent victory achioved by the people of the state in ‘tho con- test with fanaticism restores Ne- braska toits place among progressive western stutes, The doubt and depr sion provoked by the prohibition agita- tion iwve given way to confidence, con- gratulations and content. The effeet of the triumph of common sense is already visible in Omaha. Gen- ty pervades all departments of business. The curvent of trade tem- porarily checked has rebounded with renewed vigor, merchants ovince a :on- fidence not felt for two years, and indus- trial enterprises move forward with restored strength. The millions of idle capital in the banks fesl the impulse of the vietory, and will soon add foree to the tide of commerce, A notable and significant evidence of the geneval feeling is the activity among investors and builde Orders have dy heen given architects to push work on deferred plans, projects held in abeyance are peing perfected, and it is safe to predict that building operations ducing the coming winter will approach if not surpass the great record of 1886 And this will be but the first faint rumble of what will follow. To gather the full fruits of victory, Omaha must be alert. Organization is essential to suceess, Unity and harmony must tako the place of past divisions and discords. Business men and eapitalists must pull togeth>r and by their united action and unshaken confidence attract the millions of outside capital secking profitable investment in tho west. A tithe of the unity and zeal displayed in routing prohibition, directed to the up- building of Omaha and attracting in- vestors, would place the eity in position to reap the full advantages of her com- manding position. FOREIGN INTEREST IN THE RESULT, Sxtraordinary intercst was manifested in England vegavding the elections in this country, and the success of the dem- ocrats in electing a majority of the next house of vepresontatives has caused great gratification in the industrial centers of Great Britain, Doubtless a similar feeling prayails in continontal countries where there is approhension of aloss of trade with this country to result from the new tariff policy. The exaggerated importance given abroad to the outcome of the election is due of course to a faulty understanding of our political system, which will be speedily corrected with the effect of greatly moderating the oxuberant satisfac- tionoover democratic success. But the fact thut foreigners deeply inter- ested in retaining the Ame 0 market find such great gratification in the suc- cess of the party which thoy believe stands for absolute free trado is at least suggestive, 1t will be Interesting to observe whether the result of our elections will have any effcct in determining the fu- ture commereial policy of European countries with respect to the United States. The subject is receiving the serious consideration of Europenn states- men, but deliberation does not take a re- taliatory di n as it did when the dizcussion of the subject was first enteved upon, Intelligent investization has evi dently brought the conviction that a tariff war against the United States would be at once u most impracticable and unprofitable experiment, even if all the European countries could be united in it, and obviously this would be next to impossible, Whatthe continental coun- tries appear to be aiming at is to effect uch an arrangement among themselves as will enable them to depend less upon this country than they do at prosent, but their efforts in this direction thus far do not promise u favorable result, nor is it at all probable that any satisfactory ar- rangement n be effected. The new French taviff is distinetly hostile to Austria, while the commission to con- sider the proposed Austro-German cus- toms union has reported against the proposition, There are practically in- surmountable difficulties in the way of a union of the continentsal nutions for prosecuting o tariff war against the United States 3 far ns England is concorned it would, as Mr. Gladstone said in a recent address o Dundee, be suicidal folly for her to at- tempt commercial retaliation, She is constrained by overy consideration both of business and political interests to pur- all other Kuropean countries, and there can bo no doubt that she will do this. If it shall appear that her trade with the United States is diminished by the new her manufacturers will very like do ns Mr, Gladstone hus s ted, pro- duce a finer class of goods for the Amer- iean market. It is nos altogether improbable that there will be modifications of the new tariff law by the party that enacted it before it goes out of power in the house of representatives, The exprossion of public opinion warrants the ox pad that this will be done. But wl changes may bo made will have refer- ence to the interests and wishes of our own people, wholly regardless of foreign opinion. The gratification of Buropean manufacturers with the result of the clection is a waste of emotion. Their welfare is o matter in which the Ameri- can people, of whichever political party, have not the slightest concern. THE NEXT CONGRESS. Tn the house of representativesof the Fifty-second congress the democrats and alliance men will have a majority, as up- pears from the returns now in, of about one hundred and thirty. The relative strength of these two parties can not you bo accurately stated, but undoubtodly the democrats will have a clear working majority, so that they will control the organization of the house and be able to pass all measures of partisan legislation, Democratic gains have baen made in nearly every vepublican state: the losses of that party have been chicdy in the south, where domoerats have been sue- cceded by alliance men. Among the northern states the alliance movement in I and Nobraska was the most succossful in vetiring vepublican repre- sentatives, The allinneo representation in the next congress may number fifty, but it will be powerless to accomplish any- thing, The democrats will not need sistan 1d it could gain nothing uniting with the republicans. It will 1ot hold the balance of power, but will be merely an isolated contingent that must beg for whatever it desives from the democratic majority. Very likely that party will be disposed to comply with some of its demunds, but that will be to no purpose unless they are acceptable to a republican senate. It is to be expected that the democrats will seek to win the favor of rvepublican alliance men in the north and to remove the hostility of - democratic alliance men in the south, but their of- forts to do this can avail nothing with- out republican approval. The repiblican party will bo in a smaller minority in the popular branch of the next congress than it has boon since the party came into power, but however much republicans may regret this fact it involves no menace to the public interests or to those poli which the large majority of republicans de to have preserved. The m\fm guard of these is in a republic dent whose term will be co-extensive with the democratic house of represent- atives just elected and in arepublican senate that will continue several yoars longer. SoUTHERRALLIANCE RESULTS. In the south the Farmers’ Alliance has scored a substantial success, but by mothods divectly opposite to those adopted in Nebraska, In South Caro- lina, for instance, it has elected Ben Tillman governor, all the state officers and a majority of the legislature. W hat- ever power thestate government can ex- ercise for the benefit of South Carolina armers they ean now command without let or hindrance. It is worth while to refer to the man- ner in which this substantial result was accomplished. Realizing that their votes had for years furnished the greater part of the demoeratic majority in that state, thoy selected their candidate, pro- ceeded to elect delegates to the regular state convention, and in that body nomi- nated their men and made their princi- ples the platform of the party. Their opponents made a loud protest and finally fused with the republicans to de- feat the alliance at the polls. The in- evitable result followed and the cause of the producers is completely triumphant in South rolina.. What has happened inSouth Carolina is what might have happened in Ne- braska, The southern members of the alliance have also won u groat deal by applying the same tactics in the con- gressional districts, They induced a good many democratic candidates for congress to commit themselves to their sub-troasury scheme and to other measures by which they hope to im- prove the conditions of farming in the south., Just what they have accom- plished in this direction remains to be scen, but doubtless they have made an impression on the next congress. The lesson of these difforent results in the south and the west is that it is a good deal easier to accomplish things through the medium of an established organization than to do it by founding a new party. Wit the Hon. Patrick Ford p moted from the nlks what will the Third ward donow? Explore it from end to end, scour the burnt district, and none can be found worthy of succession, The loss to the ward is irreparable, while the council halls without his mel- low voice will twmble from their high place in public estimation, What is the Third ward’s loss, howevyer, is Lincoln’s iin. We congratulate Lincoln, — THE euntire republican county and legislative tickets went down in the wreck, but the victims may derive some consolation from the fact that they fell victims to tho fight agal: wohibition, A8 MIGHT have been expected, disas- ter hus overtakon the state republican ticket in Kansas. The defent of Hum- phirey and his followers is a merited = etribution. The acts of the presont state government are stamped with | hypoerisy, malice and trickery. Under the guise of enforcing the laws, mem- bers of the republican party who refused to bow to tha Moloch of intolerance he been driven fiom nks. Unfriendly towns were hargssed by o horde of state constables, while frlendly communitics { enjoyed liberty,” Political contributions sue a commerelal policy independent of | were levied and collected from liquor vendors as the price of peace, while the beneficinries hobnobbed with the pigns purists. Tho principles of republicans ism were dragped in the mire and the machinery of the party basely perverted to selfish ends, Under such circum- stances conservative republicans flocked to other partics for relief, and the re- sultis tobe scen in the rout of Hum- ph and hisspotter, and the wreek of the congressional delegation. The lesson is one that republican leaders of Kansas must heed, Tue defeat of Congressman Carter in Montana goes to show that political gratitude is a lost art in the Bitter Root region. Mr. Carter is one jof the most active and energetic western repre- sentatives, He was instrumental in uniting wostern delegations, securing legislation which placed mil- lions in the pockets of the miners and sheep growers of the state, and com- manded the respect and confidence of his associates, ITis services to Montana were invaluable and his dofeat by an unknown proves that faithfulnessin pub- lie life goos unrewarded where faction is harnessed and malice holds the reins. WHERE will the colonels turn now? Is there one ealm, sequestered nook bey ond fthe valleyof the shadow in which to rest their exhausted lungs? Towa and Kan- sus will have none of them. The Dakotas are 100 poor to give them shelter, There scems to be but one spot availablo— Oklahoma. The scarcity of water in t section renders it particularly de- ble for thecultivation of free whisky. B ave pained to observe the rivalry between the mugwump and democratic orgrans as to which shall receive the lion's share of the credit. As a disin- terested observer of the scramble, THE BEE insists that Vaughan be awarded the pewter medal for straight goods. Tne alliance farmers have scme re- spect for a paper that will stand up and avow its honest difference of opinion us 10 policies, but thay must have only con- tempt fora puper that pretends to be a convert to their ideas while its only de- sign is to use thom as catspaws. I¥ TiE republic eads aright the lesson of the election, it will throw overboard the cranks and fantatics, and wreckers, and adhere firmly to the principles of “a government of the peo- ple, by the people and for the people.” KaNsSANS and Towans and Dakotans are welcome to share in the growth and prosperity of Nebraska, but they must shed their intolerant robes before cross- ing the border, Mg, Kem is ready to pay his respects to the juc battery which fired him bodily just before the final charge and pronounced him a dead duc Tne democrats need not be tendered the freedom of the city. They have taken it without invitation, as well as hing in sight, MAN MCSHANE is fully convineed that his race for the gov- ernorship was premature—by two years, ‘WirH prohibition snowed under by over forty thousand, the Jonah of the campaign is ready to go overbourd, IN THE “battle of Nebraska’ the pro- hibition army had altogether too many colonels and majors, Mg KEM is not a statesman but he runs like a prairie five. LET us celebrate the disappearance of the “dark clouds.” LAw and order is firmly entrenched in Nebraska. TrE government st Washington still lives, Gotham and Tammany. Chieago Inter-Oceain, New Vork city shows its vitality by liv- ing and flourishing with Tammany hang- ing to its neck, with a tooth in every vein and artery, i U 1t Needs Political Regeneration, Siowr City Journal. Tt is undoubtedly politics that prevents the the south from madking a better showing in the census, but not the politics of the superin- tendent of the census. e Not a Sweet Scented Agent. Washington Post Agent Wright has boen suspended for his alleged crooked census of the Rosebud In- dians. The interior department is ovidently not purtial to this stuffed nosegay. —-— Needs No Mask There. Chicago Inter-Ocean. The New York Times heads a column “Tammany'’s Mask Torn Off." It has been generally understood that Tammany entered the democratic ball-room on its face without effort at disguise, e B O L THE INDUSTRIAL FIELD, Over six thousand men in the United States struck during tho month of September. The report that all the grave diggers of the Gilasnerin centetery, near Dublin, are on u strike, is a curious note in labor discus- sions. Two hundred aud four Amcrican carpet mills, running 11,000 looms, employing 43,000 hands, made,in the year 1850, 76,500,000 yards of carpot. The Boot and Shoe Workers international union is one of the phenomenaily successful labor organizations. In three years 1t hus grown from nothing to 125 local unious. An English engineer proposes making doubleshelied boilers, maintaining a pres sure between them. By this means he caleu- lates that & much higher pressure can bo carried than is possible even with the coll boilers already iu use. The Illinois steel company of Joliet is about to distribute the sum of 4,000 among its wost deserving workmen. This Is iu accordance with an agreement made six months ago in regard to profit sharing and will make 5,000 thus distributed within that period. OVEMBER IS FREE A MINISTERIAL A Bratal Assanle~The hanksgiving Supreme Court Lincoln Notes, ‘cmale Incens Prociamas Lascory, Neb,, who has been under life sentence in the peni- . Mottoer, the seducer | PIalntiff to receive permanent injurics. Held, of Polen’s wife. The governor s my julgment olen has suffered vating eircumstances, and it is altogether probable that most men would have done exactly what ho did underthe samo “Polen_had taken Metteer into his family him a8 & brother. basely betrayed him and induced his wife to e husband and family to go with bim and cared for Metteer Polen with the dishoner that he upon Polen, and the latter shot him. CAfter the trial his wife made a full and conviction of Polén nd complete confession Polen bore an_ excelient repitation befor upon him, and i the prison Warden Hopkins speaks in the highest terms ringin mind his great trouble and sorrow which can not well be expressed i 2 of his homo by one he had bandonment of his wife at the instance of his betrayer, the must have endured during the three years (_\( his confinement in prison brood words, the blas sheltered, the sufferings ho sfore whom he was tried, Fon. S, inly a conscientious and just judge, and Major John C. Watson, a prosecu- who conducted the case in behalf of the state, and that a large number ding and representatiy ies of (ass county have joined in asking executive clemency for Pole the conclusion that the law i been fully vindic r and all its bear ation, I think I can forgive Polen the public can also. tor of great abilit 1, 1 have come to thorough consider- He is therefore A MINISTERIAL ELOTER, placed in the about thirty-si g ice Baughman, a young woman of not over chirged with . were found o leigh, & man of upying a house in the iborhood of Fourteenth and Rosostreots. o claim, over a dwith the woman Mrs. Sleigh had sent to the her husbaud’s ind they have been on the lookout for the guilty pair. Haughinan is o flue looking woman, i at of a teacher, ended to bo a car ago, and elove and gave her oco but did not foilow i > , being content, with aiding his pa ing. The couple lived at T'wen- tieth and Q strects some ten or eleven months ago, aud from Li i 3 Holdrege where, it is said, they were politely v retirned to this city and have for some weeks past been living on eet. The preacher passed the woman the various plac It is doubtful if Mrs, Slel ute tho pair, but the have enough t prisoners when they were at Twentieth and off us bis sister in will come out s arrested just as he was about to stop on board the cats to leave the at the train hl:hlmyz him says that she and five ye: Baughman w: Sleigh in Mar; has been ve She has twgqlittie children, one about Their father died ty seven months before the young Mrs, Baughman s leigh have only had a brother] sction for one another, and that she w: passed off as his s1ster on s ey s She admits that Sleigh Dpenses, but intimates it was only part of their platonic affection. A BRUTAL SALOONKEEPER. Joe Volyng, a young German, is lying very av First and G streets, vii out of a saloon, what can be learned it seems that Vol pmd part of the ex- ill at his home neu afternoon last, when Joe got into a_dispute otor, John Baucr, about_his imed that there was $4.00 refused 50 give it to him, denying the charge. Several witnesses say due him, but Baue him rather forcibly. called und on the w oner had a convulsion, which the oftice - posed was an attempt at resistance, and used He was very Juhn Kucera took him nearceration. The patrol wi tation the pris- He had frequent con- and Shoemaker lled to attend to him. He grew worse for a time, having Ho complains froquently of tewrible pains in hi and the phy- siciaus fear bad results. THE TURNER WILL CASE. Judge Stowart has commenced iug of testimony in will case, in w uoted Turner claimed that Wil » sons of John J. ioldiug property willed 1t is also hinted that_they \ing concerning struct (mn of Ih" W "Tho first witness called was the aged housckeoper who w ands of John J. death which contai he envelope the lrll\'r before hi She testified that Turner had left written in- structions that in the evant of his death she arge of the valise in whic! I tho will and was to deliver the same i ‘Chat on March 2, the day s death, she was on the point of request of her late master when the sons took the valise away A few days later the satchel y 0 and the con- Turner claimed excenting the found in the fron tents missing. that & burgl: | V. & iext witness, tificd that there was a w the person who drafted it. testified also another will He testided thatin the will Jast drawn up, 18 bequeathed to the board of mis- ins for frecdmen and the board of for i Prosbyterian church. doublo houso near the od to Keren Roothan, while the residue ¢ property was bequeathed to the sons. e hearing of the case was continued for FEMALE INCENDIARY, of Katie, the in- ived from Kausus City much shocked at the erimi gainst her daughter. vore ont an insg raut against the comely incendi < learned of the @ young married man witn whom she acknowl- edges she has been intimate, Marshal Melick t She deciared that it cendiary, has 8ho confesse she had lied about Hunt ¥ to set Judgo Stewart’s house on fire. i informed he red that the reason she first cast the Blame on Hunt ause she was very fond of Day and did not therefore been re 3 board examiy Miss Havlan s to the condition of hor mental t, @ farmer living northeast of in @ youug colored man this molum;, \\hu has evideutly gene insane 154“.', High I trusttbat the peo | Hehas boen working for Wait for about three weeks, and of late has aeveloped mur- derous tendoncios. Ho has frightened Mes Wait and her daughtera number of tim by his actions with knives and othor w Govei ar Thayer Pardous the Man Who d it was decided to lock himup be- Killed His Wife's Betrayer, lie could do any harm SUPREME COUT The Judges of the supreme court handed down the following opinions today : from Douglas county, Afirmed. Opinion by Justice Norval, The plintif in driving into the city of Omalia after dark foliowed from Twenty- | clghth to Twonty-soyenth street apublic wi | that had beenised by the public for yo sugh it had never boeen laid out as i ros at the time grading T tand had excavated tho samo endicularly to a_ depth of threo feet at Pug | theintersection of this road, but placed no « | barriers or lights at or near the same. 1t be T | ingdark the plaintiff was unable to sco tho | condition of tho street and his tean was pro | cipitated into the excavation, eausing tho that the city was guilty of neglijzenee. Knufman 'vs Coburn,” Evror from Douglas county. Reversed and remanded. Opinion by Justice Maxwell, Afirm engaged o the mercantile busine ss being indebted in the sum of about §18,00 for which A, B. and C, were separately lia: ble as surcties for about equal portions of debt, sold their stock of goods, including real estate and other property, to said sure ties, who jointly assumed all the debts for which they ‘were severully tia Held, that this was a'saleand not un assignment, and if made in good faith would be sustained, 2, Thesureties so far as appear did not take the property for the benofit of one or more creditors of the debtor other than them- selves, but they became absolutely liable for the debis wh had assumed whether the proporty reeoived was of sullicient valuo to pay said debts oruot. Bous vs Cart Nebras 0 distinguished Roberts vs Moudy. Krror from Nanco county. Afirmed. Opinion by Justice M- woll The wife of one M. removed to Wyoming, taking hor children, a boy and a givl, with her and there obtained a divores from M., her husband. and was awarded the custody of the children, The testimony tended to show that M., notwithstanding the divorce, continued to furnish svpport for his children, Held, that ho was the head of a family and entitled to the benefit of the exemption law. 2. The library and implemeats of a pro fesslonal mana resident of tho state are exempt underSec. 50 of the code whether ho is the hiead of a family or not. r0, Burlington & Quincy railvoad Hogan, Error from Loncaster Reversed and. dismussed, Opinion ice Norval, d company 1s not required to fenco t-ol-way within the limits of acity, town or village, And where the larger por- tion of its depot and station grounds are ithin such limits, tho company is not required to fence that part of such” grounds extending outside of the city limits and uvon which abuts a platted addition to such city, when it appears that such grounds aro coi: stantly used, and are necessary forthe proper transaction of its business as a common carrie Burr vs Lamaster, Error from Lancaster count, Reversed und remanded. Opinon by Justice Norval 1, Where a_person purchases a vacant lot which supports thehalt of the wall of tho building ereeted on the adjoining lot, and such purchaser is by the terms of 4 provious party wall asgreoment entered into by his grantor, oblized to pay part of tho costs of the walliu order touse ‘it, such agreeme nt wall constitute an incumberan A covenant against incumberances cov- incumberances unknown to the purchaser as well as those known, Dorsey vs MeGee. Brror from (age county. \bmrmml. Opinion by Mr. Chief b, fications accompanying plans for a dwelling house provided for two coats of plasterimg. S. and W. contracted with M, to furnish all material and labor and to build and construct a house according to such plans and specifications, with cortain exceptious. 1. In anaction against M. by the contrac- tors, and D. and W, their surities, on a bond by the contractors to M. for tho due and faithful performance of the cont the specifications werc introduced in evidence by M. aud it appearing thata change had been de in the specifications by which the re- quirement of two coats of plastering was made B s of plastering and two witnesses testifying that such change was made the time of the signing of the contract, and two also that the change was 1 v M. ten days subsequent to the execution 2or and without the knowle f o tofthe surcties of the contraciors, and the jury having found for the plaintiff against the sureties as well as contractors, Upon o hold, that the i , as introduced in evidence, be taken and e ered as the original Iil\lllhlll-‘ under which the contract was sented, The plans and specifications referred to were drawn inview of a building frouting north and east. The locality of the building aving been changed by M. to that of & south- west corner lot, the contractors had full know] and consented to the new loca- tion. ies afterwards signed tne boud without knowledge either of the origi- nal designor of any change us to the loca- tion or frontageof tho building. By direc- tion of M. the contractors built thie house fronting south and west, held, not to be such a changoof plans, specifications, or coontract as would the suretics. The specifications contained a clause that 1t is understood that the ownor of this bnilding and the architect shall have the vight and power to make uny alterations, ad- ditions or omissions of work or materials herein specified, or shown on the drawings, that they may find necessary during the pro- gress of the building, and the same shall be and hercby is made obligatory upon and must be acceeded to by the coitractor and carried into effect without in any way violat- ing or vitiating the contract; and the vilue of all such alterations, additions or owissions shall be in_proportion to the cost of oiher similar work to be done under the contract,” The evidence shows the coustruction of a stairway from the kitchen to a bed room to be one mnot specified, well as the wuse of bronzo o ware in the place of No. 1 havdward spe h anda change in the locution of the cistern, hela, that this addition, and these changes were provided for in the clause set forth . The findings of fact and the judgement must conform to and be supported by the allegations of the adings on which’ they based. Lipp vs Horbach, 12 1 Kitchen Brothers vs Hammond, . Instructions to a jury must be based upon and applicablo to the pleadings and « deunce. Herron Cole Brothe by blx aska, 092, l(unbc\slhuwn,_‘n ebraska, 817, 6. A person not a stranger to a judigial proceeding is bound there by, and the record of such proceeding is admissible in evidence against him, 1, Greenleaf section 52 A motion for anew trial is ind and when made jorutly by two or more ties if it cannot be aliowed as to all must be ruled as toall. Dutel vs the state, sbraska, #0. Long & Smith vs Clapp, Nebraska, 417 Realvs Hollister, 1 wica, 661, Bolt vs Budwig, 19 Nebraska, Dunn vs Gibson, 9 Id., esq. of Dakota 1. of Thurston county ‘h 2 Dismissed. Omaha & Republican Valiey railw ipany vs Brody. Death of defendant suggd use reviy in the namo of James Brady. O'Shea vs Bannon, Dismissed. The following causes were continued : Smith vs Wigton, State ex rel Antelope county vs Fromont, Blkhorn & Missouri Val- railway compay The followi s wera argued and sub- unigan vs State, Langford vs sler vs Wayne county, Roman v Tallman vs Miller, Poyson vs Couuiff, Tredway vs Riley, Mater va" Allen, two cuses, Hitchcock va Shiager, Daly vs Me! londy, Mctes vs State ex rel, North A cattle company, Wheeler vs State ex rel Londrosh, Wayr uuty vs Bresslor, B chanan vs Wise, Omaha & Republican Vall railroad company vs Clarke, THANKSGIVING PHOCLAMATION. Today Governor Thayer issued the follow- : Thanksgiving proclumation : TO THE PEOPLE OF THE STATE 0F NEBRASKA ¢ The time s drawing near waen ? Im‘v With it oSt Appropriate custom, the pioy | nre ]u‘wh u (n‘.L«-‘: ple in thelr acea ‘\ ied places of religious worship for the purpos wp their hon il g tiee 1o e ler of the universe for His manifold biess . therefore, T, Johin M. Thayee. governor state of Nebraska, do Ssuc th lamation y ot thé prosont 4, one thonsand e 5 diy 0f thanksgiving und The city of Omaha vs Randolph, Feror | mmonwenlth willon that.daycenss from thele usual avocations and, gathering in th sunetunries, offor up devout tharks and so graise wid {ntoke the contintauco of § M bless<ings, Let o most enrnestly entrent all on that Ay especlilly to romember the poor needy and (0 ¢1ve to them of thlr abundance and this mike thole hoarts glad, renmem bor ing that It Is more ble o give than to 1o In testimony whoreof T have hereunto sot my hand and eatised 1o be afved the groat seil of (he stnte. Dono at Lincoln, this 6th duy of November, In the year of our Lord, one thousand _eight hundred and ninety, of the | stute tie twenty-fourth and of the fodepun-, denice of the United States the one hundred (¢ and fifteenth, Iy the governor: Jons M. TiAvER N Cownny Aty of State SIATH HOUSE JOTTINGS, TheoMcinls and clorks at the 1og or other jobs, sbraska Pulsian telophone company 1 articlos of {ncoporation with tho tary of state The object of tho {ncor poration is to build, maintain and leaso telc phonc lines. The Headquarters of the com pany s to bo at Lincoln, and tho incorpora tors are R. H. Oukley, J. 1. Hill, Charlos 1, Alger, L, G. M. Baldwin, Georgo W, Hart- man. ' Tho capital stock {s 850000, Governor Thayoer issucd notarial commis- s to the following persons today @ D, \ Morrow, Omahia: 1. H. Oberg, Wansa; A Baries, Grand Isjand. Governor Thayer left this afternoon to visit the deaf and dumb asylum at Omaha. Ho then will go to Norfolk to visit the asylum at that place. Ho s accompanied by Mrs. Thayer. . . " BABIES PACKED IN MOSS, ahe Little Lapps Are Snugly Rolled Upand Put in the Snow. As "soon as Lapp children are la enough to walk, they are dressed cisely like their elders, and they look droll enough with their dwarfish figures and grown-up clothes, The little” ehil dren who have to be carried have no clothes, but are volled up in lambskin and covered with moss in their komse. This arrangement is a sort of combi nationof garment, bed and eradle, mado of thin pieces of wood like a trough, covered with loather, and large enough for the child to lie in, usually about two feet long and enght inches wide,and somewhat smaller at the lower end than the upper. To protect the head, the komse is finished at the upper end with @ curved hood in the shape of those used on eradles, and to tho front of this hood & cloth is made fast, which can be spread all over the komse To entertain the child, colored bands stened to the front of tho hood to des from the komse, nnd these aro ated with glass beuds, silver but- ons, ete, When the child is packed inthe komso the leather overpicce, under which tho legs are pliced, is strapped togother, A ather strap is fas ach end of the komse, so that the mother can carry itover her shoulders when she takes the child with her on her journeys, and also by which the infant may be hungup in the tent or on the limb of a treo. This method of packing the children up and caving for them is cortainly the best way that could be imagined, when one takes into consideration the Lapps’ manner of living, says Demorest’s Iam ily Magazine. When the baby is laid in the komse, it is not only easicr to , but it can be neglected forsomo without fear of unything happening One often sees a mother who has somo duty to perform, or somewhero to go, stick the pointed end of the komse into the deep snow, and the child lies, or rather stands in this way without tho least dange s Profitable Medical Frauds, These firms of manufacturers of prop- rictary medicines, nine out of ten, live solely” by the nowspapers, and some- times are admirably managed, wri Charles I. Chandlerin the Medical 1R cord. Ilnow some establishments in which tizere is a rogular staff employed; 1 hlln\\'flunwlhil\-,r about, them, becauso y to bribe me to certify to the of their concoctions. As 1 say, ar stafl. There is tho vy man, who writes the letters, ing marvelous accounts of marvelous 3 there is the artist who shows the patient before and after taleing twenty two bottles of the medicine; there poet, who composes poems upon th ] there is the liar, who swoars what he knows isn’t true, and the forger, who produces testimonials from his own imagination. Without exag- goration, I should say that nine out of Vof theso proprictury medicines aro frauds, pureand simplé; the real busi- ness is ad vertising for dupes, The med- ical part of it is buta side issue. [ am retly sure, if T wore fo pound up brick- bats, and spend $100,000 in offering iv at a dollar an ounce,as a sure cure for somo which cannot bo cured, I should wk at least $110,000, thus giving me $10,000 for my trouble. Nine-fenthy of the medicines sent out in this fashion have nomoro curative properties than brickbat dust. S Hardships in India, In aland of leeches _you should thinl twice hefore wadin vater, Other wise you may emerge w rory covering of jet black, Something liko this, according to the London News, happened to two British warriors in India, Privates Speed and Davis, who, having left Bareilly for a day’s sport and lost th way, were fastened upon by the leeches in the pools, which they hid to cross bare-logged, The two et diers wandered uhnutl|u)||wlu<~ly for nino days. Bs lly is near the jungles of Nepaul, the favorite home of ‘the tige but before the nine days were out Davis and Speed would 3 two of their lives fi sight of an hon- estwild pig. It i murvel that tho two did notdie of hardship. The heat inJulyin Upper India is simply torvifie. Yot the two survived it, exposed to the sun’s rays during tho day, sleoping in the open airat night, Nob a village did they come acress, not a human being, for the whole region was submerged by the yearly floods. ‘They bogan by cateli ing butterflies, and they finishod off being found nine-tenths dead bosido thy metals of a Lway line. The flrst solid food they 1 in nine days was two “chupatties.” A chupatty isa wheaton cake, not unlike a. Sco nnock, There’s nothing about the **peg,” but doubtless it cume in timo. Owing to ahea rop, the propla of Pennsylvania p for au une usually fine season of sour: OMAHA LOAN AND TRUST COMPANY. Bubsortbed and Guaranied Capltal.. Pald tn Cupital.. A . Buys wid solla atooks and bowds; ne commercisl paper; recelves und Lrusts; acts a8 transfer akent and trustee of corporations, vakes charge of property, ool Lot Laxes. Omaha Loan&TrustCo SAVINGS BANK, S, E. Cor. 16th and Douglas Sts, Pald in Capital.. ... 961,000 | Bubserited and Guaranteed Oapital 001 Liability of Stockholders. 20,000 5 Per Cent Interest I'aid on Depos!ts FRANK J. LANGE, Cashion | Ofoers: A. U, Wyman, president. J.J. Brown, viee-presids W. T, Wy min, t1easurer. Direeto: A, Us Wyman, J. U Millard, J. Jo Brown, Guy 0. Burton, k. W, Nuak, L Losss L Kimpull, Georgo M. Luke