Omaha Daily Bee Newspaper, January 15, 1891, Page 5

THE OMAHA DAILY BEE: THE PROPERTY OWNERS WIY, An TInjunction Granted Agminst the Oollec- tion of the Viaduct Tax, REVIEW OF THE CASE. JUDGE DOANE'S The Unfon Depat Company is Out the Amount Deposited for the Bens efit of Damaged Prope erty Owners, Judge Doane rende in the petition of Augustus Kountzo et al, for an Injunction restraining the city from collect- {ng aspecial tax to pay the damages aw arded to property owners affected by the construe tion of the Tenth streot visduct. The decision was a solace to thoso intercsted in the unton depot and viadaet contest, In substance the judge said: “A number of reasons have been presented, Among them that the viaduct was a public improve- not a loecal oue, The mere fact the viaduct 15 a general benefit does not, prevent the fact of a local benefit to the owners of the property abutting, T am to considor whether this was a case inwhich the city iu good faith, and for the purpose of improving Teuth street, and for the purpose of requiring simply the railioad company to construct & via- duct over its" tracks, it originated and dirceted that this viadiiet should be buily by these railroad eompanics for that purpose, or whether it was done simply as an adjunct or an approach to & depot which was being built by certain railroad companies for their ~sown purposes and for their own convenience, If that is the case, if this was merely as a pretext for the purpose of enabling the rail- road corpany to get an gasicr and better ap- proach to their depot, then the city has no ight to tux its citizens with any damages thataccrie by reason of the construction of that structure, Tt s only where it is erected for the purpose of viaduct purposes, for, as it is stated in the law, for = the safely und tho protectlon of its citizens, when it is built for that purpose, then they may assess the dam- nges upon property which 15 venefited, 1f it is built for another purpose, if thatis a mero pretext, and it is actually puilt and con- structed for another purpose, for the purpose of aiding u railroad company n peotecting its business more vnoroughly and more con- veniontly for itself, and for the benefit ana udvantage of ruilroad companies, then it can- notassess the damages which' may accure upon property which it claims is benetited. “n the fiest place, the submitted to the citizens of Omaha the question whether or not they would vote £15,000 in bonds to aid the Union depot company in building a depot, with such side-tracks, switches, approaches, structures and othe things that aro necessary for the proper and conven- fent uso of a depot. That is, in ter Dot exuctly the words, but 'in general terms, the submission that was made to the citizens. It was provided in that, one of the conditions and provisions of that submission, thatif these bonds should be voted them they should not be issued until the Union depot company should furmsh bonds that they would construct a_depot of i Xind and have it ready for use by January 1, 180%; and that they would construct a via: duct—that is part of the submission—which should be furnished and ready for use by Janu 1, 1801, Vow, those are the conditions that were submitted to the citizens of this city tovote upon theissuing of these bonds, und they voted very largely in favor of it. “The ext thing that was to be done was that the Union depot company enter into a cor’uouy " ibE The constriction of this depot, “I'ne Union depot company did that: they made the contract, Not the railroad com- pany. The law only permits and authorizes thecity to require the railroad companics to construct a viaduct over their tracks, They have no uuthority whatever to require any- body else to dot. They cannot require the Union depot. company to build a viaduct and thereby make the citizens liable for an thing, for damages or anything else, in c nection with the erection. Tlhey can require only railroad companies to do that, *In_this case the very condition was that the Union depov company should build it. The Union depot com p did build it. The Uluion depot company mude the contract for the purpose of building it, and have built the viaduct, and are now in the process of build- i, a5 union depot in connection withit. The testimony shows perfectly con- clusively that these two things were carried along together; they originated together, and they have been carried along together., The one has been dependent on the other; the one has been just as necessary as the other; the one would be utterly useless without the other. “It is true that the voting of these bonds was ostensibly for aiding the Union depot company to erect adepot and the Union depot company was requived toerect this viaduet, aud the Union depot company did erect it “When the damages were assessed by the city, as a matter of course, that does not de- prive tho citizens of theit damages. 1f tho gives the right and authority to any cor- poration to occupy the streets or any publ geounds, for the purpose of putting & struc- ture upou it, the citizens have their remedy, and have their remedy agaiust the city for thelr damages, if they have not per- mitted that kind of thing to be dono; eithor against the city or against the party who crects the structure, An action would lie against eitherone. But in this case, the Union depot comvany, recog nizing the fact that it had entered into this contractand this agrecment thatit would build that depot and that viaduct: recogniz- Eng the fact that damages had accrued to cor- tain_ persons by reason of that; recognizing thofact that somebody would have to pay these damages, it deposits that money, pay it over to the city treasurer, for the purpose of paying these parties in whose favor dam- ages have been assessed. The Union depot company pays it over: it appears tha it wus the money of the Union Pacific rai road company, as an afidavit on file show: but it was given to the Union depot compan, and the treasurer, the ouly city official t had the right to accept it, theonly city official Who had the right to use it, ¢ and rep- tesents to the city council, and it is made a anatter of record by the city council, that ho tind received from the Union depot company §37,755 as the amount of damages which has been assessed agaiust these parties, That is all there s of it. “It appearsas far asthe testimony goes here that money is in the treasury, that it has been deposited thero by the Union depot company for the purpose of paying these damages in obedicuce to the contract which they had entered iuto, in compliance with what they had undertaken to do, and in recognition of the fact that they were bound to pay it; thay have paid the money iuto the city treasury, I'he question is whether the citv can assess that back, as stated in the petition, re- paying the Union depot company or the Union Pacific railroad company, or anyboc elso, the wmount which thoy had voluntari vaid into the treasury for the purpose of pi ing theso damages, T do not think there s any such power in the city. Ithink the Unlon depot company has done dono what it was bound to do, I think it has done what it was obligated to do; it bas paid this money into the treasury, it is there, it was there for that purpose. ' 1 do not think there is any authority iu the city for levying & tax for tho purpose of payingthe Union depor company, of repaying that which the Union depot company was bound to pay; and I think the plaintifis in this case are entitled to an injunction of the court against the en- forcement of that tax, “Whoat may be the rights of the parties hereafter, when it shall come to the question as to whether or not this covers alltheir dam- ages, 1 do not protend to say, I merely say for the purposes of this case, it appeared here that that money has been paid into the city treasury; it has been paid by the party who 'was bound to pay it and did pay it, and in law and morals ought to pay it ‘it 'was thero for the purpose of paying theso damages, and the city cannot 835088 it REAIN 08 AEALNSL PLOPEFLY OWNCTS OF anyone clso, for the purpose of ing to the party that was bound to pay it the amount that was paid in the treasury for that purpose.” SOME POINTED QUESTIONS, n- Hon. Fred W. Gray Disc Union Depot Squabble. Oxmams, Jan, 14.~To the Editor of Tam Bxee: Iom informed this morning that the es the architocts for the union depot have been called hero from Kansas City to consuit with the officers of the dopot. company as to what changes can bo mado on the existing plans for that structuro so as to reduce the cost of the building 150,000, “Ihis is dono under the apprehension that the present fight on the delivery of tho bonds kept up and the city provented from ing out its part of the contract which it rtook with suchunanimity when it voted thoso bonds on Thanksgiving 1854 Itis theveriest rot to allege any failure on the part of the depot company in carrying out its side of the obligation up to the pres- ent tim The vimtuctis all that ing citizen could sk done on the day agreed, The plans and contract for the depot, bulld- ing call for a structure larger, finer and more expensive than was stipulated and 1t has been pushed so far with an energy that indicated that the corapany wanted to fultil its contract as to time of complotion also, I kuow from wmy acquaintance with the plans and specitications for the ouilding that it would be an easy matier tosave the 8160 000 withheld by tho city and give us anothe rookery for an indefinite time, but I donot believe our citizens want it, 1would like to have our business men and property holders ask themselves just what their interest is in tho present cont versy botween the Union Pucific, the ~ Milwaukee and Rock Island rail- ways. What difference does it make to Omaha whether tho Milwaukee cars are bauled to Soutu Omaha by its own or by Union Pucific engines ¢ Are wenot being used to pull the chest- nuts of these roads! If the outcome of this fight was in favor of the ~ Union Pacitic and we got another bridge in consequence _ wher would be the injury to Omuhal If our contract with the depot company does not requite eastern roads to use the union depot and Union acitic bridgo for their passenger trains till January, 1892, what right have we to prejudgo the caso and assumo that they ~will not be allowed to run over when it is ready when the only theory on which any company could afford toerectsuch a_building and provide such facilities would be that the _other roads would agree to use it and share the expense ! Would the Union depot company furnish a bond 1n the sum of §200,000 guiranteeing this part of the agreement if they did not intend Lo carry it outt For myself, and 1 beliove when this matter 1s fully understood by our citizens they will onclude that the depot company is arrying out its _obligations both in the “spirit and to the letter and thev will not countenance the dishonorable attac for which Mr. Shuht is the blind, nor ap- prove Mr. Howe sire for an_advertise- ment at the expense of the good faith of the city of Omaha, Yours truly, Fiep W. Grar, exact was the most for and Court Notes. as the last day of the Septem- ber term of the district court and the largo urt room was filled with attorneys, All the judges were present. The criminal docket was fivst taken up and JSudge Clarkson scutenced prisoners as fol- lows John Johnson, burglary, one year, William Newton, burglary, one year. William Newman, burglary; pleaded ngt guilty. d. Woodmansce, charged with burglary; discharged. The motion for a new trial in tho Reynolds murder case was overculed and the prisoner was sentenced to ten years in the peniten- tiary. Reyunolds’ attorney will take the case to the supreme court. g e COUNTY COM MISSION ERS, Annual Report of the Soldiers’ Reliof Commission. Miss Maggie Brosnan and Miss Hattie Witman, two young ladies who have for a long time been employed in_the ofilca of the county rogister of deeds, yesterday presented to Richard O'Keefle a lovely vase of natural flowers in honor of his election as chairma n of the bonrd of county commissioners. When Mr. 0'Kecffo ealled tho meeting to order all the members were present except Corrogan, who was sick. The lobby was filled with spectators. The annual report’ of tho soldiers’ relief commission, consisting of W.J. Mount, Dr, R. M. Stone and J. Hungate, showed that since August last §316.% had' been distrib- uted among thirty-three families. The youngest applicant for relief was forty-one years of ageand the oldest was cighty-two, the averare being sixty years. One hundred and twelvo families have been relieved, si teen of them being widows. But soventy-six of the 112 familics receive a pension. The total amount expended was as follows : Cab hire... Stationery Yesterday i purposes. . niture Iroad tra Clothing........ . Medicino and medical s Dry goods Bourd........ Shoes Groceries.. ... Total Atk 453 60 County Attorney Mahoney gave notice that his presentdeputies would be retained during the ensuing year. Mike Itoche, as commissioner for the Soldiers’ Relief association, filed his bond and it wi epted, After the clerk had read the standing committees Mr. Berlin asked to have his name stricken from the committee on bridges and coustruction, but upon motion of Mr. Timme the committecs as named by tho chair was ratified. Mr. Berlin moved that the chair appoint a committee on rules for the ensuiug year, and he was immediately made chuirman of such committee, 1o bo assisted by Messrs, Timme and Van Camp, The next meeting will be held on Saturday, Married in Police Court. The first wedding in, police court since Judge Helsley became the dispenser of jus- tico in that cour t took place at 5 o'clock yos- terday afternoon. The counle who stood before Tudge Helsley and promised to become life partuers’ wero George Harris and Miss Maggie Mc Comb, both formerly of Council Blufls. Several months ago Harris and Miss Mo- Comb assumed the relations of husband and wife without having entered into_the neces- sary legal contract that is usually made by parties who wish to enjoy conjiigal happi- ness. Mrs. Kate McComb, mothier of the bride of yesterday, objected to the ir- regular proceedings indulged in by her daugbter and Harms, and sho had o warant issued for their arrest. The young people left Council Bluffs before the Nand of the law got bold of them and bave been living as nusband snd wifein a room on Howard strect, betyween Fourteenth and Fifteenth. They wero ar: rested there yesterday as fugitives from ju tice upon & warrant taken out at the request of the girl's mother. They had been in jail but a short time when_ the old lady arrived from Council Bluffs and held a consultation with Harris and agreed that if he would marry the gitl the prosecution would end right there. This suited Harris, and at b o'clock Judge Helseley performed the cere mony and shortly after all the interested par- ties 10{[ for Council Bluffs After Mr, Kierstead's Position, The resignation of W. L Kierstead as a member of the board of public works has created & hope in the hearts of o raft of applicants who are willing and auxious to succeed him and serve the city in an ofticial capacity. Major D. I Wheeler, once a member of the council, and late aspirant for the presidency of tho board of trade, 15 a full fiédged candidate. He argues that = Mr. Kierstead, being a republi- can, should be succeeded by & repub- lcan. His services too, in behalf of the city administration auring the past year also’ furnish an excuse for pushing his clair Ed. O'Conuor, another ex-councilman, is also after the place. His principal claim’ is that he needs it. Councilman Madsen s also an aspirant Ho wants the salary. He says he can’t afford to serve the city on a councilman's pay and that if his services are really indispensaole to the municipality he must have some position that offers greater finan- clal inducetents than the one he now holds. Chris Hartman of the fire and police com- mission and president of the real estato ex- changre, Hobart Williams of the grocery firm of Little & Williams, and Charley Whit- ney, the coal man, ave among others who are afier the ) ace. THE COUNCIL A Majority Secured After an All Night's Session, The council meeting called for Tuesday night. but which could not be held owing to the absence of & quorum, was finally called to order yestorday morning by President Lowrey, At S o'clock yesterday morning the council chamber presented the appearance of a jury roomn after a three days’ session. Part of the members wereasleep on the floor, while others were sleepily standing guard. AL9:20 0'clock Clork ™ Groves put in an ap- pearance, baving been home for a few hours rest Beckel camein at 9:30 o'clock and had a wordy contest with President Lowry. The president accused Bechel of having been in a deal to prevent a meeting of the council Bechel denjed the cha and alleged that the meeting was illegal. Then Mr. Olsen came in and another pow wow was held, City Attorney Popploton arrived at 10 o'clock and after a consultation and examina- tion of the rules of the council and the pro- visions of the charter, gave his opinion that & minority of the council had a right to com- pel the altendance of absent members and that the session having been called lnst night, w rontinuous one and was legal Mr. Olsen made an attempt to leave the council chamber; was called back and members being present, President Lowry in- structed the clerk to proceed with the roll call, Mr. Bechol's name was called first. Here- fused to answer to bis name and finally ex- plained that he did not consider the meetin a legal onme and would not answer when his name was called. Mr. Lowry instructed the clerk to declare the gentleman present. Mr. Olsen also refused to vote, but was declared present Thie names of the members cilled last night were not repeated. Mr. Cooper then came in and the council proceeded with the regular business of the session. The resignation of W. I. Kierstead as members of the board of public works, and of J. J. Jobst as superintendent of the city nall, were reccived and aceepted. A number of contracts and bonds were presented and laid over for one week. Major Dennis, superintendent of plumbing, asked the appo ut of a committee to in- tain newsy quest was granted and the chair appointed Tuttle, Morearty and Donnelly as tho investigating committee, The mayor vetoed the contracts of New- man, Hansen & Co, for the construction of the fire engine houses, on account of an error. ‘I'he matter was 1 to the committee on public property and buildings. The mayor also vetoed the resolution of the council instructing the building inspector to cancel all permits issued for new frame build- ings in the new fire limits. The mayor held that the resolution was illegal, Theveto was sustained. A resolution, offered by Mr. Donnelly, adopted declaring that hereafter regular meetings of the committees of the council shall be held on Saturday night of eacis weel, Tho bond of K. . Giberson, deputy city clerk, was approved, nine members voting . Bechel and Olson refusing to was vote. The appointment of Bd O'Connor as ser- geant-at-arms was confirmed by the same voto. Mr. Morearty moved to adjourn, In an in- stant Mr. Bechel was on his feet and entered a protest against the proccedings of the en- tire meeting, He said : consider that all of the business transacted at this meeting is illegal, and I want to reserve my points of or- der for some future time,” “They are reserved,” remarked President Lowry, aud after a continuous session of six- teen hours, at noon the council adjourned. gt The biggest thing out is what the druggists term Dr. Bull's Cough Syrup; its sale is enormous and it has never been known to fail. Price 25 cents, It is well to remember that the oldest cases of rhenmatism and neuralgia have been speedily cured by Salvatiou Oil. Price 2 cents a bottle, S The only rdilroad train out of Omaha run expressly for the accommodation of Omaha, 1 Bluffs, Des Moines and Chicago business is the Rock Island ves- tibuled limited, leaving Omaha at 4:30 p. m. daily. Ticket office, 1602 Sixteenth and Farnam sts., Omaha. e Will the Coroner kxplain? To the Editor of Titiz Oxana Bee: Know- ing your well earned reputation as a fearless advocate of the interests of the people and in correcting abuses, I confidently believe that you will give this a place in your valuable paper: Will the coroner kindly inform the people of Douglas county why he ordered a post- mortem examination upon the body of Alex Oberg, who accidentally fell from the scaf- fold at Swift's pucking house? The evidence at the inauest disclosed the fact that the unfortunate man fell a distance of thirty-four feet, and in full view of one or two witnesses, Would these circumstances warrant an offi- cial with ordinary intelligence to order a post- mortem examination, or even an inquest? Section 97, chapter 18, Revised Statutes of Nebraska: “The coroner shall hold an in- auest upon the dead bodies of such persons only as are supposed to have died by unlaw- ful'means.” What excuse could there be for such stupidity as to_order a postmortem as in the case stated! There can bo no_other reasonable conclusion than to make a fee out of the county for some pet brother doctor of $50.00. What excuse has heto offer to the bereaved fawmily and friends of the deceased We call upon the commissioners of Douglas county to investigate such outrages and put a stop to these sortof abuses and plunder of the public treasury by ignorant aud knavish oflicchiolders, We were promised reform in this particu- lar office at the last election, but at no time in the history of our county has such abuses existed as under present administration, A G. 'he irrite- Asi A Courhs and Hoarseness.— tion which induces conghing immediately by use of “Brown’s Bronchial Tro- Sold only in boxe: Ticlkets at lowest rates andsu perior accommodations via the great Rock [sland route Ticket offico, 1602—Six- teenth and Farnam streets Omaha. st sl s A8 The Major's Annual. The annual report of George L. Dennis,the inspector of plumbing, has been submitted to the city council. 3 The first thing shown is the salary list of the inspector and his assistants, This amounts to 6,344 for the year, I'he collection fe sted and reported amounted to §1, Thivty-nine licenses were issued to master pluinbers and two to drain layers. The work performed by the inspector and his assistants shows up as foliows: Inspec- tions of excavations where liability expired, 073 vlans and_specifications submitted by 2 board of health, 310, of which number 17 were completed s ' submitted; inspec tions of new plumbing, 1,146] inspec tions of old work, 168; 'stop boxes ordercd lowered, 75; stop boxes ordered raised, 25, The ‘total plumbing contracts let during the year amounted to $120, Horsford's Acid Phosphate relieves indigestion, dyspepsia, etc, - y Telegraphers' Troubles, Little interest is manifested among the local operators in the threatened walk- out of Milwaukeo operators and apents unless the recent reduction of salaries is declared off. The opinion prevails that the wen have decidedly the hest of the situa- tion and that the company can hardly afford to allow them to carry the proposed move into eff The officers-of the company express a belief that the dificulty will be settled without further trouble. e Inflammation of the Bladder And enlargement of the prostrate gland, can be cured by using The Excelsior Springs, - In Mr. Kleffuer's Behalf. 0 the Editoy of Tue Ber: In your Lin- colu correspondenco of Tuesday ovening a paragraph appeared in relation to the office of deputy commissioner of the bureau of la- Mo., waters, THURSDAY, bor statistics which was untrue In it self and unjust so far as it related to Mr. Kleffuer of this city. N6 such action as your correspondent related ‘was taken in the local assembly of the Jnights of Labor to which Mr. Kleffner belongs, Ho was not repudiated by his nssethibly, on the contrary, he was unan eudorsed for the posi- tion of commissioner of the bureau of labor statistics, as _he hns been by the Central labor union of this city. Mr. Kleffner is uni- versally popular. not only fn his own assem bly, but g all the workingmen of the city, who believe he would make an honest anil capable oficor of the labor bureau i pointed. By order ofilocal Assembly 8914, o IMPROVEME I STATISTICS Anlnteresting Lot b€ Them in the City ingineer's Report. The annual report of City Engineer Tillson been wred and submitted to the mayor and city council for approval. Itisa lengthy dgeument and - presents an array of facts and figures showing what was accom- plished in that department during the past twelve months, Grades were established on 22,45 miles of streets and allevs. Changes of grade were made on 5 8-10 miles of streets and alleys, in- cluding Douglas street botween Sixteentn and Twentietb stroets, where 1 cut of 27 feot was ordered, The amount of grading done during the year 1800 was much inore than during any previous year, and of this amount nearly as much was doneat the property pease as under the general pro tho city pays one-half the cost. Under the latter condition final imates were given for 659,140.7 cubic yards ata cost of §8%,543.57, or an average cost of 14 1-10 cents per cubio yard. The grading where the property owners pay the entire cost, including the slopingof lands and filling of lots amounts to 400,277.3 yards, costing 874,M0.60, or an average of 149-10 cents per cubic yard, The above, and the partial estimates given on work not completed, amounts to a grand total forthe year of 1,125,714 cubic yards, done at an expense of $115,763.75, an average of 15 cents per cupic yard Jurbing forms another interesting item for consideration, and the report shows that nearly all the'curbing contracts for the year were completed. All of the curbing set during the year was of Colorado stand _stone. The white stone was set at & cost of 70 cents, and the rest at 02 cents per lineal foot. This was much less thau the same work was ever before per- formed. Karly in the scason a bid was put in for furnishing Berea sand stone at 6ilg conts per lineal foot, but owing to the su- perior quality of the Colorado stone, it was rejected. T'he total amount of curbing set amounted to 10,4748 lineal feet, 10.6 miles, at a cost of £0,300.49. “The amount of paving laid each year seems only to increase the desire for more, and as s00n as the council authorized the issuance of 75,000 of intersection bonds contracts were immediately entered into for all the work that the funds would allow. During the past year only three kinds of paving material were used, stons, sheet as- phaltum and vitrified bric Mr. Tillson pointe with pride to the fact thatthe day of wood pavement has passed, and goes on to cite the streets that are in bad condition, incidentally remarking that ere many years, and before the pavement is paid for, it will have to be relaid. During the month of December he sent lot- ters to the engineers of numerous cities ask- ing about pavements, and the replies indicate thatthe materials rank as follows: Stone block and asphalt, first class; cobble stone ana brick, second-class; wood, third-class; thus it is seen that wood pavement is rapidly becoming unpopular, not only in Omaha, but in _other cities where it has been used. Of thecities in the United States, in the matter of the amount of first class pavement, Omaha ranks fourtcenth and in western cities sheis far in the lead, The following table shows the amount of pavement laid last year, together with the cost of the same: Material. Asphalt Sioux Fafls Colorado stcne., Brick.. Wood.. . Total.... 021 217,54.03 8508, During the year 11.81 miles of sowt laid at a cost ‘of §124,000.75, which included the extension of the North Omaha sewer about one-half mle. This addition now gives the city S4.73 mites of sewer: ‘The report shows that the street sweeping for the year cost $19,321.6 Sidewalks received considerable attention when it is considered that 238 miles were laid a cost of 30,4 ) Ths city hall question is disc report shows that work is progi idly as possible, During the year the mileage added to the streets by extending and widening was con- siderable, The streets affected are as fol- low Burt street, widened north of Hillside addition; Twenty-seventh and Twenty- eighth streets and Twenty-eighth avenue were extended from Redick’s park to Bris- tol street; California street was opened from Lowe avenue to St. Lawrence street, and Twenty-seventh from Bristol to the north line of Howe's adiition; Twenty-second street was exwended from Denise’s addition to Locust street, and also from the old city Limits to to the south line ot Paul street. The expenses of tho engineering depart- ment, including the sslary of the engineer and sixteen assistants, were as follows: Salaries, §19,424.91; supplies, §2,188.45; total, 21,0135 ‘The following tables are of interest and ex- plain themselve MILEAGE AND COST OF SEWERS PRIOR TO 1800, Materinl No. of miles, Brick, 21 to - U gg Pipe. 4 to 24 inches. ... fog 180, owners’ ox- sion, where Miles. 470 Yard: 108,817.76 2.51.01 515,02 8,702.02 ssed and the ng as rap- Total.,.... 84,83 cuRBING, Prior to 18% During 180).... Total.... e Prior 1o 180. ... Completed in 150 “vavina, Prior to 189), Milos, 1104 During 1500, Miles. .70 Materlal. Asphalt Colorndo Bioux Falis g . Rrick i « ar block ..... Cypress blook Totul i 9 : total cost of the 61.2 miles of paving amounts to §3,060, 131.5 ‘I'he entire contract work for the year just closed was as follows: * Grading, $108, curbing, #70,300.40; ( Taving, sowers, §124,000.75; sidewalks, $30,045,05; cross walks, $3,631,25) street cleaning, $19,- #2140 wies and supplies, £1,618,30; city hall, $135,336.31 Totak$l,001,04.70, During the year 1,03 permits for opening streets for repairs and to make water con nections were issued, while to make sewer counections 635 were grauted, The Helfenstein Cases. The Helfenstein cases. bobbed up serenely at the Lincoln term of the United States court fn the shipe of & mo- tion to dismss the cases on the ground that in ‘the federal courts such suits cannot be revived iu the name of the heirs, The hearing of the motion was set for 2 p. m. Monday at Lincoln, A notice was posted_yesterday ‘morning in the office of the clerk of the district court noti- fying all lawyers interested in the Helfen- stein cases ‘that the question had been raised whether the cases could be revived under the federal laws. The notice stated that some of the attorneys were of the opinion that the revivor should be consented to, otherwise a eloud would remain upon the titles, All attorneys were directed to decide the question for their clients and notify the committee of managers, - - Johnson Sues Barber for Damages. Last evening Eugene A. Johnson began an action in the district court against Cnarles A Barber, asking $10,000 damages. The peti- tion alleges that Barber, in the presence of several witnessess, made s remark insinuat- ing that Johnson had embezzled mouey from the Home fire insurance company. JANUARY 15, 1891. (e As my BuHhose days of Sk and recollection Thesoap-hetile hung on the poles of JHow plain tomy mind are the scenes of childhood, , "r'zcaxll\sl th oqo view green basswood \ TheSmoke and theSmell that my infancy Knew! consequent anguish, Have long since departed, we pray and we hope; The use of He stuff ‘gan to A warne and to languish 5 soon as they offered. 1 SANTACL AUSSOAP BY & W N K Fatrsank & Co., CHicAco. THESTANDARD AR 4 NN PP COCOA OFTHE WORLD. UNLIKE TEA & COFFEE--GOOD FOR THE NERVES. The claims of cocoa as a useful article of diet are steadily winning recognition Unlike tea and coffee, it is not only a stimulant but a nourisher; and it has the great advantage of leaving no narcotic effects. use. with impunity. Hence it is adapted to general The strong may take it with pleasure, and the weak Van Houtews Cocoa "BEST & GOES FARTHEST." BIVAN HOUTEN'S COCOA (“'onco tried, always usod") leaves no injurions effocts on the nervous system. It's Coconis recomm cocons or chocolat and poor., d by medicn TOR THE SOLDIER DIIAD. An Army Oflices Tells of the Beautles of Mc¢Pherson Cemetery, Captain B. I'. Baker, one of thesuperintond- ents of national cemeteries, is at the Millard. He has been assigned the station at old Fort McPherson cemetery, which is twenty miles east of North Platte and southof the viver. There is a government reservation there of 40,000 acres, 100 acres of which has been set aside for a cemetery. A five-acre lot sur- rounded by a solid brick wall constitutes the the cemefery properat present. There are 551 soldiers and officers now buried in that cemeter “Fort. McPherson has been designated as the_principal cemetory of this department,’ said Captain Baker to a Be reporter, “and soldiers who have been buried at most of the other posts in the department and temporary places of interment will ull be moved there. The Custer battle ground has been selected as a cemetery for those who have been buried in Montana and northern Wyoming and North Dakota.” “Will the soldiers who were killed at the battle of Wounded Knee be loft where they are buried avthe Pine River agency, or wiil they be removed ¢ ““They will be taken to Fort McPherson. They will sleep, finally, on Nebraska soil, in one of the most beautiful spots you ever saw. The people of Nebraska do niot know how beautiful the Fort cemetery is destinod to become. When we get beiter railroad facilities so that tourists can visitthe spot with ease and comfort, Fort McPherson will become one of the points of interest in Nebraska. We are getting a fine sward of blue glass started on the grounds, and it, will, in a fow years, present a very attractive ap- pearance.” ——— The best anodyne and expectorant for the cure of colds and coughs and all throat, lune and bronchal troubles is undoubtedly Ayer's Cherry Pectoral. Ask your druggist for it, and at the same timé for Ayer's almanao, which is free to all, piatles SES b 1602. Sixteenth and Farnam streets is the new Rock Island ticket office. Tick- ets to all points east at lowest rates. - - County Teachers. The next meetingof the Douglas County Teachers' association will be held at tho court house on Saturday, January 24, Super- intendent Matthews announces the following programme : Friday Afternoons Cox. Too Much Abstract Memory Work Allen, E. J. Collins, What Are You Doing in the Way of Moral Training!—Anna ach, C. H. Lamar. Prominent Characteristics of the Success- ful Teacher —Superintendent James of Omaha. Report of county superintendent. Those who open” the discussion will be al- lowed ten minutes each; others five minutes cach, Teachers will come prepared to give the per cent of attendance for the months of De- cember and Janua Bring specimens of composition and analy- sis of probloms of fourth grade, il vt i Don't Fool Yourself! Notwithstanding all rumors to the contrary, the Chicago, Milwaukee & St, Paut Ry's new steam heated palace sleepin with ‘“electric lights in every berth,” still leayes the Union de- pot, Omaha at 6:10 p. m. daily, arriv- ing at Chicago at 9:30 a. m., in ample time to make all eastern connections, Ticket office, 1501 Farnam st J. E. PRESTON F. A. NasH, Gen, Agt. ~-James Ellis, Nora A. w. . e Marriage Licenso: Tho following marriage licenses were is- suedby Judge Shields yestorday: Nameand address, (3] § Paton Brooks, Omaha 1 Obarlotte Stewart, Omal , Omaha 1 Mary Mezstitl, Omaha § Willlam L. Crager, O rie M. Walker, Omuha rbert L. Alno mma V. Sunim, The Baby’s Health often glves fond parents very great anxlety and care. 8. 8. S.,1s the popular remedy for chil~ dren. Itlssafe, palatable and does the work., David Zartman, of In- dependence, O, says: 8. 8. 8. CURED MY BABY OF THE WORST CASE OF CATARRH 1 EVER SAW A CHILD WITH. THE NASAL DISCHARGE WAS VERY LARGE AND OFFENSIVE, 8. 8. 8 MADE A PERMA. NENT CURE" o, Tovek o, On Books on Blood and Skin diseases free. THE SWIFT SPECIFIC CO., ATLANTA, GA Ty Bl Buffering from I wl decay, wusting weakneas, lost mauiood, eo. L sench's vajuablo troatisd (waled) coutdining Lull particalar for home cure, KREE of cliarga A splendid medical work ; sold be read by every man who Is nervous and debllitated. Address Prof, F. ¢, FOWLER, Moodus, Coun o wonder, theroforo, that in all parts of the world, thi n inat or dally use by childrs “Largest sale in tho world.” Ask for VAN HOUTEN'S and take 1o other, inventor” ten and coffeo or ok pr adults, hale Stop {hat CHRORIC CoucH Now! For 1t you do mot it may bocomo con- sumptiso. For Conswmption, Scrofula, | General Debility and Wasting Discascs, } thero is nothing like f SCOTT'S E MULSION Of Pure Cod Liver 0il and HYPOPHOSPHITES ©Of Tiime and Socdo. 1t 1s almost ns palatablo as milk. Far botter than other so-callod Emulsions, A wonderful flesh producer, Scott’s Emulsion ‘Thero aro poor imitations, Get the genuine. C. L. Erickson,Local Agent, 206 N.16th I Richardy M. D. Practice Timited to Disenses of the LUNGS Axp Nervous System including Neuralgi Paralysis, Epilopsy. Catalepsy, Hystord Epilevsy, 'Convul- sions, Spinal Irrita- Rheumntism, Alcoholinm, Heudaclie, consumption diseuses of the Rooms 316 tc BEE BUILDING, OMAHA. FOR SALE My Painting and Paperhanglig business. Tlshed 130, Han i well Puper, Wall Moulaings, I Fstah o rtick of Wl Brushos, ete. P. WINDHEIM, 516 S. 16th Street, Omaha, WINTER RESORT HUNTSVILLE, ~ RLABARA. Charming Winter Resort in the Highlands. Huntsville Hotel, Substantial Elegant, New HARVEY 8. DENISON, Manager DENISON, Assistant BYRON F, DROPOSALS FOR FIELD 8§ dian service—Rosehud A Kotidanuary 12 18] dorsed “Proposals for Field Seeds.” and ad- dressed 1o the undersigned Rosehud ¥, South Dakota, will be received until K of February o, 101, for furnishing and the si Vilontine, Nebra 00 bushels of seed oats, 1000 bushels of seed potatoes and L0 bushcls'of seed corn. Bid dersmust stit ed prive of each ar- tiele to be offe cry under i con- tract. CEwTir CHECKS. Each bl must. be mccompanied by a - certi- fled check or draft wpon some United States Depository, made payable w the order of th undorsigned, for at leust FIVE por cont of the wmount of the proposnl, which check or draft will be forfeited 1o the United Statesin case any bidder or bldders recelving an awird hall fall to prompily executo i ‘o tract with good and sufficient surities, oth wise to be revurned to the bidder. J. GEORGE WRIGHT, U. & Indiun Agent. J-li-d DROPOSALS FOR FIELD & dlan Sorvice, Pine Ridge Dakota, mber 2th, 1500; endorsed "Proposals for dressed to the Agency. IDS.—(0, 8. IN- ciivy, South Da- Sonled proposals en- Ageney, Sealod proposals. leld Secds,” und ad- undersigned ut Pine Kid Shannon Co., South Dakota, will be recolved at this agency untdl one o'clock of January Zd. 101, for” furnishing for this agency and dalivering the sume at Kush vill Nebraska, about 500 hushels of sced whe 800 bushelk of seed potatoes, 40 bushels of see outs and I 15 of seed corn. Biddor muststat proposed price of each artic to be offered for aelivory v u contract, % Certified Chochs. Each bld must bo accompan ed by ncertified ehiock or draft upon some U nited States dopos- Itory, made payable to th lerof the under- signed, for ut ieast five per contof the amount of the proposal, which check or draft will be forfoited o the Unlted States in ense any bid- deror bidders recelving an award shail fall to promptly executo a contract with good and suflicient sureties. otherwise 10 be roturned to the bidder. D, F. ROYER, U. 5. Indian Agent d27d21eA | BOYD'N. Jrekistiasts, ATURDAY AND SUNDAY, JANUARY 17 AND I AMUSEMENTS, 18, RICE'S BEAUTIFUL EVANGELINE, OR, THE BELL™ OF ACADIA, More Bewitehing, More Entranoing than ever. A World of Captivating Attractions. 40 Great Artists! A Grand Chorns! Night prices, #1, 750, 800 and 250, Matineo pricos, 1 and fde Balo opens Friday morniig GRAND Opera House, Friday Night, Yanuwary 16th. Satwrday Night, Jawwary 13th Satvwrday Matinee, Jan, 13th, The Gorgeous Spectacle, 492 Given under the ausplees of the Ladies’ Relief Corps, ‘2‘\‘0 llyl“l)]ll(‘ i'n lhn“ ("Alsl‘.‘ and elaboriate seenery, Th glittering Now ing musie und o, on 2o, B0 1ind 7 HOW open. EDEN MUSEE. Will Lawler, Manager. Cor. 11th and Farnam WERK OF JANUARY 12011 Last week of the J Glantess, Fat Box oflic Ella Tne Nebraska welghing 410 pounds; vrs ol Howard's Imperial Minstrels, and a host of spectul attractions. A bright, broezy cuters o AMES = MEANS'$3 Shue;’; i e. This Is the orlg-/ & THR SPECIALIST, s unsurpussed I tho treatmont of orms o PRIVATE DISEASES stricture, Syphilts, Lost Manhood, Skin Dig- cases and I Diseases. — Dr. MeGrew's suceess in the treatmentof the ahove Diseases has never been equiled. A curo is enaranteod without the loss of hours time. Write for circulars. LADIES. from 2 to 4 only. Office, Cor. 14th und Farnam Sts, Omaha, ) triance on elther streot. A Qalifornia Werve Foor Makes New Frosh Blood aand Pro- Cures A Scrofuia, Bad Cireulatlion and all Impurities of the Blood as woll as thy [oMowinz Nerve Diseases, Viz: Nervous Physin Debility, Vitdl Exhantion, Trembling, Hysteria, Losn of Power in either I any fo Cold Hands of ety Pl in tho Gack and _other forums of c PHls bring the th to the shillow cheek. plo should Lake this great Life ou will jin tho thousands pen who daily bless Dr. 10uh for telr behalf.* Thiey aro ugar.coated. 50 conts & vial. For salo by Duggise ox by mail. Address HOBI'S MDICINE €O., PROPS.. SAN_FRANSISEO, AL FOR SALE_IN OMAHA, NEB.. BY Kun & Co., Cor, 151h & Dougini Streers T A, Faller' & Co., Cor. 14th & Douglus Streets. D. Foster & Co.. Council Blutfs, lowa. AN PRINGIPAL FAUGAISTS ~VFAYWHERE Renewer. o happy” KERVE AND BRAIN TREP;I—EN—T: Speeific for Mysterin, Dizrinoss, Fita, Keurnlgin, Wike Chiness, Mental Deprossion, Sofiening of the lrain, e sulting’ in” in nad Joad g Goath, Prema A" Age, nrron i oither nox, owsch, and Hpormatorrhea o' brain, Keifehuse oF kach hox containg on i mon(L's treat- w 810 box, or mix for 85, kent by mellprepaid Wit ench ‘order x boxes, ond pareinsar giarantos (0 renind menoy if tho trastment fulls @ e "G aran tos Issubd and genuine sold ouly by GOODMAN DRUG CO., 110Furnam Street, = ~ Omaha Neb B i SAFDEN'S ELECTRIC BELT LTS RLITAT D thraagh - 7 VP T Y’ A, (RE 10 € KT FR X3 by 1hia N ZELGRTRIC BELT AND SUSPENSORY RINKY, Made for o1 K QAR (MPROVED ot RKFUND se. Core of Grners g, Contiawous € T, ro Tt 35,000 11 oaah, ACarst cane Fore et Froe LN " W. S. ROBINSON Chemist and Assayer, Formerly in Ohemieal Luboratory ofthe Unlon Paclfic Rallway Compiny. pecial Attention Given to Ores, Waters and Oils. r112Dodge St.,, Omha, N:b YTRTE 0., 100 Lahaiie FRENCH SPECIFIC, d t for all Lo |F\,"A"a"f"{>"é'n% 1 Gl troatment fails. Full directions with each bottle. Price, one dollar. $eo signaturooi E. ke | STAlL. For Bale By All Drugglsts.