Omaha Daily Bee Newspaper, December 24, 1890, Page 4

THE DAILY BEE. SWATER arron, PUBLISHED EVERY MORNING TERME OF SUBSCRIPTION, aly and Sunday, Ono Year i ron th Three montiis Qunday Heo One ¥ Veekly Hoe, One Year. OFFI1C] Omaha, The Bes Bulldin; Routh Omaha, Corner N ind 2ith Streots Couno rl Stroct [« s, 17 Chinmbor of Commerce, 813,14 and 15, Tribune Bullding aghington, bl Fourteenth Street. CORRESPONDENCE All communieations relating t ditorial matter should bo addr Editorial Department. BUSINESS LETTERS. Allbusiness lotters and remittancos should 'Pnllllr: a0 T Bee Publishing ( m! Omabn. Drafts, checks and postofl orders to b& made payable to the order of the com e ee Publishing Compauy, Proprictors, The Bee I'ld'g, Farnam and Foventoenth Sts EWORN ETATEMED Etateof Nobrasks. 1 County of Douglas. { George I Tzschuck, 3 Publishing compunyv. aoces silemnly swear tnat the netual circulation of Tue DATLY B for the weex endiug Dee. 20, 1500, was as fol Jow Bundav. Dee. 14 lond v.lvlw 15, Weanesdoy, 1 Thursdny. e Friday. Dee. 10, Buturday, Dec L.810 00 news and sed to the OF CIRCULATION 58 ary of The Bes Average Fworn to Fefore me and subseribed In my Docemver. A, D.. 189 FriL, Notary Publio Btateof Nebraska, (7% County of Douglas, { Georg Pzschuck, being duly sworn, de- oses ind says that e 8 sceretary of Tho Beo Slishing Company, that the ictual average fon of TiE DAILY BEE for the wiis 2,048 coples; for for Felrunry, 1500, , ipiesi Tor My, 1800, 0,13 cop'es; for ' July, Januar; 10,761 « coples 3. TZACHUCK. Eworn {0 Lefore me, nnd subscribed presence, this tth day of Decen SIMPSON will He CONGRESSMAN JERRY not h up his socks tonight. doesn’t wear any. Tt movements of Slow Bull might be necelorated by holding out an extra large ration of beef scolloped with bayo- nets, T profession of train robbing has soon its best days in the south, An at- tompted revival in Mississippi recently was a disastrous failure, TiE havvestor trust is ono of those benevolent combines which generously 50w promises and renp an abundant crop of cash or the equivalent. Tie gradual contraction of the mili- tary circlo around the hostiles fore- shadows g fresh erop of ghost dancers or nn unconditional surrender. — Now that the pre: nt has filled the supreme bench vacancy, the attention of the country will be riveted on the forth- voming member of the interstate rail- way commission, LLIGENT French promptly rojected the theor hotism as a defense for murder. The old Insanity dodge with variations is good enough for this age. jury of hyp- Tom MAJORS stoutly insists that his Christmas prosent may be a little late in arriving this year, but that it will be a thing of beauty when it comes, In his dreams it looks like the chair of state. A RAINBOW around the sun was ob- served from points in Massachusetts last woek. Superstitious demoerats elaim that it foretells the election of young Governor Russell to the presidency two years hence. THE United States isa rich country, with a thrifty bank account, but if it should attempt to do a tenth part of the things that wild reformers are demand- ing it would go into bankruptey within a twelvemonth, —_— DANIEL O'CONNELL once declared that a conch and four could be driven through any aect of parliament. The new pooling syndicato evidently seesan opening to drivea railrond through the interstate commerce ac M. Gourp gays ho favors ‘‘respect- able subsidies for steamships.” Of course he does. The Pacific mail line would got a respectable portion of them and Mr. Gould ownsa very respectable share of the stock in said line. Some of the men who voted for Jay Burrows say they did it with the under- standing that he would resign, If that 18 50 thoy were tho victims of a trans- parent humbug. The idea of Burrows voluntarily resigning anything is a piece of extravagant humor. THE returns show that Hennessey is elected to parlisment, but who knows that Hennessey is naturalized, and has Jay Burrows said that he could have his seat? Until these questions are satis- factorily answered let not the Hennesey- ites celebruto their cheap triumph, THE canvass of the farmers of the country for an expression of their choice for presidential candidates, undertaken by an castern newspaper, developed nothing startling. It simply proved that Blaine is the most popular republi- can and Cleveland the most popuiar democrat, which everybody knew before. ATTORN GENERAL MILLER will continue in the cabinet, Mr. Noble ‘will remain at the head of the interior department, and the great political bombastes, J. S. Clarkson, will once more anhounce that he would not have accepted the interior department port- folio if it had been tendered on a silver plattor, THE soc oty for political education has favored Tirk BEE with one of its economic tracts, for which we feel under obliga- tlons, Justut present we are getting all the political education we want through the medium of the comedy in three parts which has been on the boards in this city for more thana week trying to amuse and instruct the people at the ex- pense of the state and for the benefit of the lawyers. | suffored for the short corn THE OMAHA DAILY WILL THAYER REMAIN GOVERNORY Omama, Dec. —To the Editor of Tur Bea: Under your heading of “Who Will be Governor!” you come to the conclusion in case 1t shall be found that Mr. Boyd had the highest namber of votes and then shall be found by the court to have been ineligible that Thomas Majors, the lientenant governor-olect, will be gover or, Thisis not so. You do not read secti 16 of article 5 of the constitution aright. If it shall be found that Mr. Boyd was incligible then he will never havebaen de jure governor within the meaning of that section, and Gov- ernor Thayer will hold over until. a ‘‘sure enough’ governor is clocted and qualified. After quo warranto proceedings shall have determined that Mr. Boyd was iueligible ho cannot die as governor, he canunot be fm- peached 08 governor, and there will bo no failure on his part to qualify, for he never had the right to qualify; he cannot resign for ke has no oMico to resign, nor can ho as governor be absent from the state nor have any other disavility as governor which will make it that he can_ be succeeded by & lieu- tenant governor. Respectfully, Josepit H. BLATR, THE BEE cannot coneur in the process of reasoning by which Judge Blair has ched the conclusion that Governor Thayer will hold over in case the courts decide that Mr, Boyd is ineligible. The of procedure by which Boyd would become governor de fucto would necessarily take Governor Thayer out of tho executive chairandno constitutional lawyer would contend that Thayer under any eircumstances could resume the oftice he has once vacated, unless indeed the people shall elect him for another torm, Let us assume that the lature cavriesout the mandute constitution, which requires immediately after the tion of the house and before procecding to other husiness the speaker shall open and publish the returns for state ofiicers heforo the joint con ion of the two houses, and in their presence declare the person having the highest number of votes duly clected. less the secretary of state’s footings are found grossly incorrect the srg declaved elected by the speaker bo James FE. Boyd, governor Thomas Muajors, lieutenant governor, and Benton, Humphrey, Hill, Allen, Hastings and CGoudy. All theso por- sons, whether their seats are gontested ornot, will, after the speaker has offi- cially declared that they reccived the highest number of votes, be in position to qualify for their respective offices, The points raised by the contest can- not come before the joint convention ns- sembled as witnesses to the publication of the returns, The hearing of the tes- timony in the contest and its final de- termination is under our constitution an entively different procoeding, for which a day is set luter on in the session. Now, suppose Boyd hns boen._deelared id has qualified by taking the o Lh of office, does he not become dr Jucto governor, and is not Governor Thayer at once divested of his rank and authority of governor? Does the consti- tution contemplate that Governor Thayer shall ever resume the powers vested in him as governor in case the courts should find Boyd ineligible? Would not such a decision by the court create a vacancy which, under section 16 of the constitution, is to be filled by the lisutenant governor? Judge Blair asserts that if it shall be found that Mr. Boyd was ineligible, then he will never have been de jure governor within the meaning of that section, and then Gover- nor Thayer will hold over until *‘there is a sure enough” governor elected and qualified. How can a man hold over in an office which he has once vacated, and for what object would soction 16 be in the consti- tution, which does away with special elections of governor entirely and im- poses the suceession upon the lieutenant governor? Suppose Governor Thayer should die or leave the state between the time Boyd assumed the office and the court rendered its decision. There would be no dead governor and noab- sent govornor, and yet when Boyd was removed by the court there would be a place for somebody to fill at once, for there can be no intercegnum under our form of government. The constitution has made the lieutenant governor the successor in case of any disability, whether physical or legal, and the dis- qualification of Boyd would at once pro- mote the licutenant governor to the gov- ernorship. MONEY EAST AND WEST. A fool, the adage , can ask ques- tions that a wise man cannot answer, A demngogue who is trying to bait farm subscribers by favoring all sorts of fiat and wildcat money schemes inquires: “Why cannot citizens of Nebr row.money as those of Massachusetts This particular conundrum does not make a very heavy draft on any man possessed of an average stock of common sonse, The principal reasons why money cannot be borrowed as cheaply here as in Massachusetts ave that thero is not nearly as much money heve, in the fiest plies, and, secondly, because confidence i raska valuesis by no means so well established. Massachusetts has the ac- cumulated wealth of three centuries and Nebraska that of less than two genera- tions, Massachusetts is the most densely populated state in the union and Ne- braska one of the most sparsely settled. If Nebraska had the same ratio of popu- lation to the square mile as Massachu- sotts its total would be 21,931,110 instead of 1,036,000, And that would mean a vast accumulation of wealth, well-set- tled real estate values and a low rate of interest to all worthy borrowers, There is therefore no mystery about the fact that at present monoy is neither so plenty nor so cheap in Nobraska s it is in Massachusetts, In spite of these facts, however, there is no reason for discourngement in the financial situation of Nebraska il the peoplo do their duty, Western banks and business men have gone through the recent financialstrain with great credit. There have been no large failures and the bank reserves have kept up admir- ably, Confidence must be at the bottom of an easy money markot, and confidence in western mortgages has been some- what shaken recently, Nebraska has crops and long halred men of Kansas, with which it is always associated in the eastern mind. Itisno fault of Nebraska's that Kansas has had successive crop fail- course logis- of the that organiza- [ures, together with a surplus of cranks and the blight of prohibition, but these calamitics have oper- ated against the people of this state. A partial crop failure in fow wostern counties and the agitation of the prohibition question have lent color to the opinion that Nebraska did not merit tho entire confidence of in- vestor: It rests very largely with our own people to say whether Nebraska shall gain and keep that degree of confidence which is indispensable to a cheap and abundant supply of capital. If the legis- lature rejocts all the wild theories that are submitted to it and enacts only sound legislation, and if the people at large persistently develop and advertiso the resources of the state, Nebraslea will soou find itsell enjoying the conditions which ha illed Muassachusetts with large cities, prosperous industrios and a surplus of money. If we cultivate confidence weo shall have the blessings thatcomo in its train. If we weaken and destroy confidenco wo shall find that legislation has no magic balm to heal our wounds. STANLEY. world's heroes the milit conquerers stand fivst in the popular esteem. To the large majority the men who have opened the paths for the march of civilization, the explorers of continents and wildernesses, have no well-defined position of honor. Yet they may urge a just cliimto the first rank among the upbuilders of nations and the benefactors of mankind. The avenues they trace through unknown lands for the progress of the raco involves labor, courage and sacrifice quite as great as are demanded of the successful lender of arm and the results are not less important to the world, often more 80, than the achievements of the soldiers whom mankind delight to glovify There is no higher form of herolsm than that which leads men to put ocoans be- tween themselves and civilized life and enter rogions untraversed save by sav- age tribes and beasts of prey, and there n be no higher usefulness than that of bringing such regions to the knowled go of the world and opening them to the uses of civilization, The enlightened world acknowledges Henry M. Stanley to be the greatest of modern explorers, and as such he deserves the honor of mankind no less than the foremost in military renown, The dificulties he overcame, the perils he encountered and tho hardships he endured in order to give the world o fuller knowledge of the great African continent, as woll as the intelligence he has shown in making available to the nations the results of his observations, give him the highest ible claim to the distinguished con- ation that has been shown him in Europe and which he is now receiving from the people of this country. There are persons who would depreciate the service Stanley has per- formed. Like all greatly succe ful men, he has detractors. But his fame is secure against the shafts either of envy or malice. It would have been well if that terrible story of the rear guard of that wonderful march through equatorial Africa had never beon told, if the tongue of enmity or jealousy could have kept silent regard- ing that awful episode, but it casts no blemish upon the record of Stanley. The oral and written . testimony is strongly on his side, and he has the con- fidence, bravely enrned, of just and minded men the world over. Henry M. Stanley will receive a cor- dial welcome to Omaha, with which his carly experience in journalism was identified, and the personal interest ex- tended to him he will doubtless recipro- cato in noting the remarkable progress of this metropolis during the twenty- three yoars since he left it to enter o larger field of usefulness and win lusting fame. Nowhere will he find a heartier desireto show him the honor which his great service to the world merits than in this city, the promise of whose material prosperity ho saw and pro- claimed nearly a quarter of a century ago. HENRY M. On the roll of the — THERE IS NO DANGER. The British minister at Washington, who is not in the habit of talking freely to the newspaper represontatives, has been induced to depart from his rule of silenco by the recent reports that there was danger of a serious disturbance of the friendly relations betwoen the United States and Great Britain because of the differences in regard to the Behring sea matter. The minister discredits the v ports as wholly sensational and says that both countries, while differing on the cts bearing on the question, have a common object which seems emi- nently susceptible of submission to arbitvation, In the opinion of tho minister the Behring sea con- troversy is far less grave than the Ala- bama claims case was, which was sub- mitted to arbitration without friction. In the reference to this subject in his annual messago the president said that the offer to submit the question to arbi- tration, as proposed by the British gov- ernment, had not been accepted for the reason that the form of submission pro- posed was not thought to be caleulated to assure o conclusion satisfactory to either party, It has not since trans- pired that there has been any mtima- tion from the British government of a disposition to modify its proposal, * It has very recently been stated that President Harrison intended to call the attention of congress to the gravity of tho Behring sea situation, for the pur- pose of placing upon that body the re- sponsibility of maintaining or abandon- ing the American position in regard to the protection of the seal, It is more than probable that the president will pursue this course, and it is certainly ad- visable that Le should do so if the situa- tion is really grave. It would bo very natural that the administration should feel indisposed to insist upon a policy that might lead to serious consequencos without being assured that its aetion would be approved and sustained by the ropresentatives of the people. There are some who contend that in the latest negotintions regarding this question the United States government has been placed somewhat ot a disadvantage; that its claims or as- sumptions have not been sustained by the testimony of Tts own officials. The fact is, howovél that there has buen nothing to miljjete against the govern: ment’s essentiali claim to jurisdiction, and it would baeminently propor for tho president to ask congress to defermine whether the government shall continue to insist, at whatsver hazard, upon this claim, or submit the issue o arbitration as proposad by the British government, The present agdministration has unques- tionably done all that was possible in the way of negotiation, and unless tho British government should propose a modified form of arbitration that would bo acceptable, the advice of congross ou ght to be asked regarding the future courso tobe pursued. The right of this government to pre- vent the killing of seal inthe open sea was afirmed by congress four years ago, and sinco then numerous seizures havo been made of vessels found violating this right. The British government contends that this claim contrayenes in- ternational law and submits s its ultimatum that the aileged right of Cunadians to kill seal in the open sea, and atall times, shall .bo submitted to arbitration under the rules of inter- national law. Thus encouraged, depre- dations on the soal fisheries aro increasing from year to year, and according to trustworthy opinion it is only aquestion of a short time, if this sort of thing is allowed to continue, when the seal will be exterminated and an industry valuable to this country destroyed, There may not be any seri- ous nger in the situation, sofar as the friendly relations of the two coun- tries are concerned, but 1t is evident that the United States cannot orshould not vermit the destruction of the seal fish- eries, and that it is necessary that a sot- _tloement of tho issue ho reached as soon as possibly If thoadministration feels that it has gone os far as it can go in the matter of negotiation it Is time for con- gress to decide what further action shall bo taken. RIS Y R PUT ON THE DBRAK The development of rapid transit in Omaha in the last few years naturally increased the dangers to life and limb. Accidents were inevitable. Patrons of the trains hardly realized the banis ment of mule power and reckiessly ex posed themselves in jumping on and off moving trains, But the greatest peril is the disposition of motormen to speed their trains to the limit and take ad- vantage of street grades for a wild dash of speed. The innumerable hills on the streets traversed by tho motors afford opportunities for rveckless handling of trains, and even when crowded during the morning, noon find evening hours, it is not uncommon to see trains running at a twenty-mile gait, en- dangering not only the lives of the oceu- pants but people at street crossings. The great increase in travel, coupled with the steady growth in population, demands increased vigilance on the part of the street railway management, It is impossible, of course, to avert accidents resulting from the carelessness of pus- songers, but it is possible to compel motormen and conductors to exercise greator care inthe handling of trains in the crowded seetions of the city, and al- low passengers ample time to alight from and board trains. It is imperative, that motor trains be equipped with double brakes as effec- tively as the cable trains. It isto the interest of the company to provide every safeguard and avoid costly damage suits, It is due the public that adequate appli- ances for cheeking thespeed of trains and guarantecing socurity, be provided by every common carrier. These im- provements, with careful, relinbloopera- tives,would largely diminish public fears and save the company from the conse- quence of its nogligence. OMAHA will entertain Henry M. Stan- ley, her great African explorer, on Christmas day, Now, it we had General Greely, the man who climbed nearest to the top of the morth pole, George Francis Train, who made the fastest tour around the world, and Buffalo Bill, who hobnobbed with the Prince of Wales, entertained Queen Victoria and drove around the Coliseum with King Humbert, we would, in the linguage of P. T. Barnum, have the greatest corbi- nation on earth. Stanley lived here 23 yearsago, Citizen Train made Omaha his home just a year before Stanley lived among us, and Greely was the Omaha signal officer in 1871-72. And Colonel Cody, the most perfect personator of the chivalry of the plains, is almost a native of Omahaand bought his Mexican spurs in an Omaha hardware stove, Ir thero is to be any charter reform the offices of strect commissioner and sidewalk inspector should be abolished. Tho city engineer and board of public works should of right control all im- provements and repuirs. Tho work done by the street commissioner can readily be done under the supervision of the board, either by contract or otherwise. The office is a sinecure during the winter months and a source of waste and extravagance during the bal- ance of the year. Sidewalks should be madea part of our paving system. The so-culled inspection, as now conducted, is a farce and afraud on the taxpaye There has been mo inspection for year: in the very heart of the city, and dan- gerous man traps prevail under the very nose of the inspector. ENTERPRISE and liberality deserve official encouragement. The city should not permit a pemunious property owner to menace a progressive neighbor by erecting frame shells adjoinify brick blocks. The extension of the fire limits wiil secure this desirable end, and the council should promptly apyly it. —— Tie flnancial stringency is playing havoe with the royal prerogatives of third-rate kings. The throne of Dom | Podro netted $400 under the hammer, while King Kalakaua's thrown on the resources of the porters, T rvetiving council cannot perform a | greater service tothe city than by check- ing the spreud of frame fire traps. | tend the fire limits, TaE registration law should be made a part of the charter for metropolitan cities, and the law should be framed to DECEMBER 24, 1890. meot the known defeets of the present | system, A general reglstrar sitting all | the year round, with his books open to | Inspection, would be a great improve- | ‘ment and result in the saving of thou- | sands of dollars every year. Such | system now provails in San Francisco and several other large citios. Oxana is large enough for two or three polico magistrates and a criminal court that will have jurisdiction of crimes that occur most frequently and now take up most of tho time of the dis- trict court, . BosToN gives every promise of taking the palm as the headquartors of wildeat corporations and bunco steeref Tue new justice of the supreme court hus at last been born, and his name is plain Mr, Brown, A Fine Opening for Our John. Kansas City Globe, Thero is a suspicion that John L. Sullivan 18 demanded as an Irish parliamoitary candi- date. Chicago .\4 s, Tho orthography may be questioned, but an X Is generally necossary to make a satis- factory Xmas. . - The Genuine Article. Minneapolis Tribune. torial courtesy is delined fas the spirit of accommodation that allows one senator to ask another how many cards he took on the “draw." L of Course, 190 Tribune. There 13 a prevailent curiosity to know what Congressman-elect Jerry Simpson of Kansas will hang up at the foot of his bed noxt Wednesday night polimsnles ORI he Double-Deck Vaporings. Siowr City Journal, The Omaha World-Herald denounces the administration for the assassination of Sit- ting Bull, It coulduw't very well put the blame on the McKinley bill, Stanford's Finaneil Lunacy. St LowsGlobe-Demacrat. enator Stanford, with his land-currency project, is running a closo race with the man who introduced the alliance sub-treasury bill for the prize in financial luna - Two Ways of Putting It. Siowr City Journal, One way of putting it is that the country hasn't money cnough to do its busin Another way might be that the country too many corporations for its money. Eliminating the Picturesque. Brooklyn Standard-Union. If the farmor liance party succeeds in removing Ingalls from the senate, as it has in beating Wade Hampton, it will have made a brilliant beginning in tho elimination of tho picturesquo. has S SN Different in Different Localitie s, Indianapolis Journal, While northern democratic managers have come to the conclusion that they can swallow the allianco in 1892, the southern democrat regards the organization as the particular alligator whose jaws are open to take in th southern domocracy. No ’I‘(-al re Tho old ref prnlme was himself unavailablo as aMessiah, but he was as well aware as any copper-colored inbiabitant of the country of the political value of a Messiah and of the extent to whicha belief in Him might be worked. The announcement of his death is not caleulated to arouse any other emotions than those excited the other day by tha slaj fog of a “rogue’ elephant in Cincinnati, though no quadruped ever did so much wldely oxtended and long-continued mischief as Sitting Bull. b e CHRISTYAS CHEER. Washington Star! Santa Claus is getting ady to go into the children’s hosiery busi- New Orleans Picayune: It is along about Christmas time that country people do mur- der most fowl. Chieago Tnter-Ocean : chiefs has 4 choice name for Christmas. “Big Turkoy.” Philadelphia Times: Tt is a rule for Christ- mas to come only onee a year, but it Is a good rule to go buy. Chicago Inter-Ocean: In spite of the close money market the Chiristmas shopper is mak- ing a good showing. Tho holly, as a Christmas green, comes ¢ o us through Christian traditions; but the mis- tletoe is a relic of tho druids. Chicago Times: The movement of the cur- rency is now in the general direction of the stores where holidey goods are sold. “Chiristmas presents 1aid aside by paying a small cash installment on same,” is the oblig- ing announcement of a Philadelphia firm, Baltimore American: Job got his certifi- cate for patience before ho was obliged to go out and buy Christmas presents for all his rel- atives. Ame Newlywed—I'm always worrlod this timeof year thinking of what I shall givemy wife fora Christmas present. Oldboy—Wait till you bave been married as long as I have and you will know how to avrange that. Newlywed—How do you manage itt Oldboy—Well, you see, my wife is a crank on the suvject of keramics and 1 am a biblio- maniac. Iv's very simple. Sho gives me old china and [ give her rare hook: She's hore, and there, and everywhere, On thes gay shopping days At every window she doth stare, Her face is drawn with woful care; She secks a score of ways Of buying toys for Kate and Jack— Oue dollar does the work of three. Sho sorts the grist in Santa's pack, And orders things for me, alac All paid for C, 0. D, ew York Herald, DAl Merry Christmas, Clothier and Furuisher: For the Politician —Many happy returns. For the Impecunious—A merry X-mas, For the Dude—Presents of mind. For the Over-Fresh—Compliments of the season. For Young Lovers—A glad yule-tied. o ONA PRACTIC. One of the I[ndian Itis L WIFE, Winthrop Churehin Munsey's. I swore I loved but her alone; She'd not believe me. Iswoie her sorrows made me groan ; She'd not bel me. But when I made her mere a loan, Then she'd believe me. Toften praised her anire eyes; She'd vot believe me, od her smiles *ltalian skios; She'd not beliove me. But when I praised her home-made pies Then she'd believe me. At last T found it best to say he'd believe me) Mero commonplaces overy day, Although 'twould grieve me. My morali Try your wife that way, s best, belleve me. FROM THE STATE CAPITAL. A Wife Ezplains Her Reasons for Apply~ ing for & Divorca, REPORT OF ADJUTANT GENERAL COLE. | His Second Annual Statement Submite o for Inspection — A Suit Against Lincotn's Million- airo—News Not scoLy, Neb,, Dec. 23.—|Special to Tur Bie.|~Joseph Warzburg, referoe in the di- vorce case of Addie Wasson vs, Herbert C. Wasson, filed his report toda, The fair plaintiff testified that sho was married in Lincoln October 12, 1887, that afterwards they went to Omala, but on November 20 of that year Herbert deserted her, Jeaving the following unexplained noto behind : Owana, Neb, Nov, 20, 18871 got your letter; you needn’t think I am going to "live juany more. You might as well un- derstand that I have left you for good and make your arrangements’ accordingiy. You know well enough it would be no use to try to live together after what has happened. Hennert C.° WassoN. ntiff testified that sho was twenty- es old and that after her husband loft c shie was compelled to earn her own living and had neyer heard from her husband since Her father, G. W. Upshaw, t the wedding, and testified aughter been married a hort time he rectived a telegram announc- ing that she was coming home. e said that she was heart broken and the mm! disconsol- ate woman he had ever court con- firmed the referee’s and gave her a divorce, Herbert failing o slow up. THE STATE MILITIA, Adjutant General Cole has subn second Dbiennial report to the governof, and among the interesting facts noted are the fol- lowing: The national guard of Nebraska comprises two regiments of ten companies fantry, oue four gun battery of artillor; one troop of cavalry. The only independent company that has belonged ‘to the state guard was the Edward Creighton guards of Omaha, which asked to bo mustered out be- cause the legisliture failed to muke proper abpuopriations for their equipment, Tho re- quest was granted and the company was mustered out August 24, 1850, “T'he quart returns show that there are now 100 officers in the service, including the governor’s staff, which consists of fourteen men, T'he enlisted men number 1,025, There is but one brigade and it is com- manded by Brigadior General L. W. Colby. The two regiments of the brigade are com- manded by Colonel John P. Bratt of Ben- nett und Colonel C. J, Bills of Fairbury. The uniforms furnished the guards in Au- gust, 1857, are becominir almost un fit for use, The guards overcoats, 'ts, knaps or canteens, all of which are necessar more particularly in case the into service. The infantry armed with the Springtiel Troop A lry, is avmed with Batte four three-inch guns and caissons, The adjutant general recommends that the militia b better eauipped instead of organ ing other companies, T'he 852 rifles which have been stored in the state house have been shipped to the towns bordering on the Indian reservation whe the present trouble cxists and are distributed among the following places: risou, Gordon, Valentine, Merriam, Clinton, Basset view, Albany, Tizer and Amsworth. no following appropriations ave recom- mended for the next two y Adjutant general's salary.... Books, stationery, blanks ‘and post Storage of arrus and ammunition.. xpress, freight, telograph and t shone 3 rhrniture Tl pport of National guard LINCOLY'S MILLIONAIRE . Thomas Downey brings suit in the county court against John Fitzgerald & Co. to re- cover§00. He says that in - January, 185, while defendants were building a railroad in Michigan, known as the Chicago & West M an, he entered into a contract to board th : ald to deduct the from the m ages monthly. Down says defendant did so, but didn't vay bim. HE brings another suit for §700, for bonrding men who worked on the Orleans branch in Nebraska in 1887, under a similar contract. SUPREME COURT. The following opinions were handed down in_the supreme court toc McLeou v nius; appeal from Douglas cnumv. Decree modified. Held, that a provision in a building con- mul that **No new work of any description doneon the bremises, nor work of Jnd, whatever, shall be considered as ras, un- less a separate estimate in weiting for tho same before it is commenced, shall have been submitted by the contractor to the supe tendent and proprietor and their signatures ined thereto,”” may be subsequently artics by parol, The ownerof a building is liable for work and materials furnished by the con- tractor in its construction not calied for by the original written contract, where the owner or bis authorized agent by & subse- quent oral agreement promised to pay there- for, or knew that the coutractor would eharge for the same as extras and assented thereto or permitted the same without objection. Where a contractor omits to furnish ma- terials called for by tho contract beis liable therefore in damages to the owner. 4. A building contract provided for the completion of the buildings by a specified date, “provided there be no interference from laborstrikes.” It was held that the fact that the mechanics quit work on the building on account of the coutractor failing to pay them their wages as agreed did not release the contractor from completing the building by the time « 1 upon. d that the judgment to the extent of $§710,62 is unsupported by the evidence Dixon county vs Davis, Gantt & Keatloy, om Dixon county. Aflirmed, Opinion by Mr. Justico Maxwell, Norton vs Pilger. [ county. Reversed and v by Mr. Chief Justice Cobb, Pegory vs Krantz. Appeal from Madison county. Opinion by Justice, Norval, 0bs vs State. Error froln Dundy county. Opinion per curiam, Nunn vs Home Iusurauce company. from Howard county. Affirmed. by Chief Justice Cobb. State ex rel Post vs Benton, Opinion by Chief Justice Cobb. Under the act of March 29, 1589, requiring banks, corporations, firms and individuals ing u banking business to report ources and liabilities 10 the auditor of. public accounts, and providing for their yearly examination, the fees of bauk exam- iners, appointed by the board of state ofticers under the act, are to be strictly in conformity to seotion 8 of the act, and any resolution or ordor of the board of stateofficers prescribing auy otherrule or rato of compensation is withont authority and void, Fitzgerald vs Browster, Error from Lan- caster county, Opinion by Chief Justice Cobb. Claus county. Cobb. Wullenwaber vs Dunigan, Seward nty, Affirined. tice Maxwell, Warren vs Brown, Appeal from Jofferson county. Reversed. Docree forplaintiff. Opin- ion by Justica Norval, irror from York Shreck vs Spain. ounty. - Afitmied. - Opinion by Justico dux- well Robinson vsJones, Appeal from Douglas county. Reversed und aismissed. Opinion by Justice Norval, BATES WILL BE SEATED, It {5 reported that the supreme court has carefully considered the mandamus case of Sixth judicial dis- ct and has decided that his case Is a just and the mandamus asked for will be d. In othor words, the votes cast for will bo counted by the canvassing d, even though the governor iu his call for an election last fall failed to include the spocific notice of the v cy in the Sixth judicial district and & call for an election to il the same. Judge Smith, tuerefore, will not succeed himsclf. ‘The ' opinion of the inregard to tho samo will not be The p1 vitle fleld .8 2,000 20 100 o 200 100 40,000 UK ror from nanded. Madison Opinion Bror Opinion Mandamus, s Hardy. ¥orror from Aftirmed. Opinion by Chic ancaster Justice Appeal from Opinion by Jus- A building wup of the entire system follows the use of Dr. Pierce’s Favorite Preserip. tion. It's an invigorating, restora. tive tonic, soothing cordial and bracing nervine — and a certain remedy for all the functional de- rangements, painful disorders or chronic weaknesses peculiar to wo- men, It improves digestion, en- iches the blood, dispe.s aches and aing, melancholy and nervousness brings refreshing Kh'cr, and res flesh and strength, For periodic pains, internal inflammation and ul- ceration, leucorrhea and kindred ail- ments, it is a positive specific—a guaranted one. If it fails to give satisfaction, in any case, the money paid for it is refunded. No other medicine for women is sold on these terms. With an ordinary medicine, it can’t be done. That’s the way its makers prove their faith in it.” Contains no alco- hol to inbriate 5 no syrup or sugar to derange digestion; a logitimato medicine, not a beverage. Purely vegetable and perfectly harmless in any condition of the *\\(‘n World's Dispensary Medical As. gociation, P ru[vlh'hvrfl, No. 063 Main Street, Buffalo, N, Y. AMUSKEMENT TELEGRA M. INDTANAPOLIS, Tnd., W, S TARTYMORE, Omahin, Ne! Stanley cafnot possibly ng of tho locture. Dee. 21, 1800, accept a by am nquet on POND), AN parties rocely \quet at the o an (nvitation to the Millacd Hotel, ean gob the Grand Opera Honse, and tloy nfter the looture. We will tendor formal recoption. Tickets ou snle x oftice PRICE $2.00. o‘[’[/\NLE{Y IN DARKEST Brilllantly the explo a great andience from const to const A and_tolls them of those droadful months W the dense, hot and Wil deliver his famous lecturo “Tho Re mies and M = Grand Opera louse WEDNESDAY EVENING, DECEMBER 24, ’'90, TICKETS: Stage Seats $2. Reserved Seats $2.00, $1.50 and gl. Admission 75c. BOYD S=T1IREE =y NIGHTS THURSDAY, - DECEMBER 26TH. =A MERRY HOLIDAY ATTRACTION==3 MR, ROLLAND PRERDD Lt THE WOMAN HATER |LEHD ME YOUR WIFE Friday & Satur. day Mat. &Night (First time here.) MR. REED. as Capt. Abner Tarbox “As Mild @ Mannered Mawas Ever seuttlod hip.” n sale Wednesday at rog- ular price entitlod, the Forosts, Pig: 6", b Ul Seats will he put THE GRAND "% Thursday mufi:ulny, Deo. 25 and 26, WITH SPEOIAL CHRISTMAS MATINEE. Greatest play of the o W, Gllletto's MASTERPIECS ‘WO NIGHTS ONLY ——PLLES| A MOST POWERFUL C ALL NEW SCENIC EFFEC dl")))ul-u‘ prices. Box sheet opens Thurs. 1y, DIME EDEN MUSEE Will Lawler, Man Ete Om Week of D Thofamaus Bljou Trio In “Irish mixtures,” a_satirleal, comleal oddity with tho lutest “clultie White Feather, the Ohippowa elifet. Mala Dalamiafinte, serpenting qued Tho Great X'mas' Exhibit. The andather standard attractions, holiday treat. FAGTSWEA"KI!IEN . Cor, 11th arnam 0. Dirvilles A genuino you _suffer from " dise CESSES Y OUT Lost Miathood, wrg Jourself al home, : ‘M"rs’ra RNATIONAL carboru hireet, OMATHA. LOAN AND TRUST COMPANY. Bubsoribed and Guarantecd Capltal Pald fn Capital, Buys and sells stc soks and bonds; negotiates commerolal paper; rocelves and exooutes tridsts; acts as transfer agent and trustec of corporations, takes churge of property, ool lects taxes, Omaha Loan&Trust Co SAVINGS BANK. S, E. Cor. 16th and Douglas Sts. »ald in Oapital 8 50,000 Bubseribed and Guaranteed ¢ apltal 100,000 Liabllity of Stookholders. 200,000 6 PerCent Intorest Pald on Deposits. FRANK J, LANGE, Cushlor, Ofmoers: A. U, Wyman, prosident. J. J. Brown, vice-president, W.T. Wyman, treusuror. Dircotorsi~A. U, Wyman, J. H. Millard, J. J. Brows, Guy 0. Barton, E. W. Nush, Thenie fudge anded down for a number of days, l L. Klzapall. Gborge B. Lake.