Omaha Daily Bee Newspaper, January 20, 1891, Page 8

THE OMAHA DAILY BEE; TUESDAY JANUARY 20, ” ~ . I'HE CITY. The hoard ol equalization will make fte report on the general tax levy to the city council tonight. Sherifl Boyd went to Lincoln yester- day, taking with him Frank Remick, who has been adjudged insane Emil Rasch of Omaha has been ap- ointe 1 mail clerk on the O Tastiags eanch of therailway vice, vice J. D. Lacourse, resigned. Margaret J. Cooper yes y brought suit in the district court to h deeding to her of a one-third interest in & lot purchased in Tableland addition. The society of Sonsof the American Revolution will hold a meeting Tuesday evening, Janu 26, at 780 o'clock at theoffice of O, . Davis Co., 1605 Far- nam street, Minnie Madson, a six-year-old gl wa: knocked down by a laundry wazon at the corner of Sixteenth and Dodge strects yesterday but scrambled out from under the wheels and laughed at the fun she'd had, MORSE.S Spring Ginghams and Embrolderies. Our sale opened this morning. We aro delighted that so many saw fit to come, and hope to see more. Scoteh ginghams, the finest and widest made, in all the exquisite plaids, stripes, checks, ete, 25c a yard. These are all new and ladies will con- sult their own interest by selecting now before the best styles are picked out. The goods we sell at 25c are the ccle- brated ginghams sold east for 80c to 874c. Embroideries—Just recelved, are love- ly; it would give us genuine satisfaction to show them to everyone who'sees fit to come. Don’t think you will incur any obliga- tion by asking about goods, about prices store—you will not be urged to ho 18-inch embroidery at 50c has never been equalled for less than 81,00 in the “‘.-4 The 27-inch at &c a ) THE hemstitched embroidery rd is worth fully $1.00 to $1.2 MORSE DRY GOODS CO. it i John A. Horbach Loses His Suit Agalnst the Street Railway Co, Several decisions were rendered yesterday by Judge Wakeley, The most important was that in the case of John A. Horbach vs William W. Marsh., The theory of the plaintiffs caso is that Marsh, a director and the president of the horse railway company, unnecessarily, wrong- fully and fraudulently permitted the fore- closure suit fo @o to judgment and tho sale of the property to take place while the corporation had the power and the méans to preventit; that, further, by reason of his judiciary relation toihe corporation, he could not lawfully purchate the property atthe foreclosure sulc for his own useand benefit; but only iu trust for the corporation, or the stockholders, that therefore, by the purchase of the property or pretended purchase as the petition termed it, he became a trustee, the stockholders being the ultimate beneficiaries. For these two reasons it was claimed that Marsh’s purchase and the conveyance to him of tho property and franchise of the corpora- tlon were in trust for its stockholders; that Horbach, as one of these, for himself and in behalf of others, hasa rignt to an account- fog from Marsh and tho other de- feudants who *purchased interests from him, In respect of the property, its earnings, and its disposition; end to such other appro: priate reliof as the facts may warrant. ‘The court held that the fact that the stock ‘was not registered, or transferred to Hor. bach on the company’s books, if the bene- ficial iuterest actually belonged to bim, should not debar him from maintaining a suit of this character. ‘Tt is impossible to hold wpon tho allegation of ~the petition that the sale was null and void,” sald tho court. “It wias @ judicial sale. The proposition that the cor- poration had the means and resources for [ ing off the mortgage avd judgments, and hat Marsh fraudulently refused or failed to 80 uso them, with a view of compelling a foreclosure, is entirely unsupported by the proofs. ‘“The direct and immediate question is, esido from the question of actual fraud, whether, - under the circumstances, Marsh had or had not a right to bid at the foreclosure salo for his own benefit, and hold lhc e propurty exompt from @ trust, He was older and owner of a majority of the bonds secured by the mortgage. Itcannot be claimed that this was per se unlawful. 'l'he suthorities are conclusive to the con- "UHt 16 wero conceded that tho salo wns voldable upon the undoubted facts should be compelled to hold, asT do hold, that the delay of tho plaiutiff in his attempt to avold it, or have 1t enure to the benefit of the stockholders, is fatal to the right now claimed. In' tho period of nearly ten years, which elapsed potween the time of the sale and the bringing of this action, the popula- tion of this city had quadrupled, and its Yesources and ~ busincas. had enormousty ncreased. The value of tho franchise had so changed and enlarged that & compari- s0n of it at the time of thesale can oy bo conjectured. The whole body of the evidence shows that from the timo of the purchuse Manrsh claimed to operate the road for him- self, not for the stockholders. There is no suggestion in the petition that Marsh_ever acknowledged or admitted any trust It scems incredible that if Horbach understood during all these years that Marsh was recognizing himself as n_trustee he should have kept sileat, and refraiued from sting the undoubted rights of a stock- in regard to the property and its man- agement.” The judge closed by saying that whether the action was based on fraud or was consid- ered as an unclassified action, it was barred, it having been brought aftér the period of limitation. In James vs Howell, to restrain the sherift from levying on property, owing to defective servico, the injunction was sustained. Tyler vs Fritz, caso dismissed. Desmoud vs Poppleton, settled out of court. -— ‘The great pnp\lllrlw of Ayer's Pills as a cathartic is due no less to their promptuess and eficacy than to their coating of sugar and freedom from any injurious effects, Children take them readily. See Ayer Almanac fer tho year, just out ANNOUNCEMENTS, “The Sea King,” Richard Stahl's new comic opera, will be presented for the first time in Omaha at Boyd’s opera house on next Thursday evening and will. continue during the remainder of the week. The opera will be elaborately presented by the W. J. Gil more apera company w ith an exceptional brilliant cast, Including many names weil known to the comic opera stage. The sale of seats is nOW open. The celebrated Boston Ho Athengeum specialty company and Jeseph Murphy will be the attractions at the Boyd next weelk. The Jate of the McKee Rankin engage- ment at the Graad has been changed to Sut- urday and Sunday, January 24 and 25, *“The Canuck,’a new play of tho rural type, will be given for the first time here tardLy wyening, Atthe Eden Museo this week the famous Rhinehart family in the musical comedy “A Waif's Luck" is drawing well. The play is full of music and mirth and will render a dull our one of merriment and genuine pleasure, ?n the curio hall the famous lillipution or midget cattle from Samoa are ou exhibition. The auimals are perfect wonders, being the smallest palr ever placed on exhibition, in + fact there is no record of axother animal as small as these. | in tne fire in Klein & Spigle's lquor store | 1 has lived in Omaha’ seventeen years, HIS IDENTITY ESTABLISHED, | The Man Burned to Death Sund-y | Night Was Nathan Borenstein, The indentity of the man burned to death | Sunday night has been established beyond | all question. | e was Nothan Borenstein, and he three weeks ago from Chicago eft his wife and child, They aro now stopping at 178 West Fifteenth in that city. Borenstein wis o Hebrow and was a shoemaker by trade. He worked in St. Louis and Mémphis, and thence went to Chi- cago, atlength coming here in search of work, He was in Greenberg's second hand and shoe store on Farnam near Tenth street, two weoks ago yesterday and asked for employ- ment. Ho was told to call again in the afterncon and he wounld be put to work, but he failed todo. He also visited Morse's shoe factory on that day, and told his landlady thut heexpected job there, and this as areason for not going back to He boarded with Willlam Munsky, at Thirteenth and Mason stroots, and loft that place about 1:30 o'clock Sunday afternoon, just after dinner, saild he was going to attend a w dance on that cvening at Washing- ton hall. Nothing is known of bis actions | equent to that time, he body, as 1L lay at the undertakers, was identified by Isaie Brown, the Douglas strect furniture dealer, A. Reiman, a partner of Borenstein who came with him from Chi- cago, Munsky, the boarding house keeper, and one of Munsky's boarders, who sat at the table with the dead man Sunday noon, The body was {rightfully burned, the face bemg S0 charred us to be unrecoznizable. The hands w e burned so that the tendons bung in shreds, exposing the bones, and the upper portion of the feet aud the legs just above the shoe tops werealso terribly burnied. The body was baked and blistered_in places, although it had apparently been pro- tected to somo extent by the clothing, In the“pockets of tho partially burned pants worn by the deceased were found 65 cents in money, consisting of two quarters and three nickels, and a check calling for a pint of beer at Wolfl's saloon. Munsky stated that he had given Boren- stein a Canadian quarter and three nickles just before he left and this corresponded with the movey found in the dead man’s clothes. Reiman identified the decensed by his clothes and al:o by his shoes, He was wear- ing a eimilar pa himsclf, and stated that both pairs were_purchased at the same time. It seemis that Spicgel, Brown and Boren- stein were old acquaintances, having come from the same town in I n says that : aa, Borenstein had §200and he gave 2150 of this amount to Spiogle for safe keeping. Mr. Brown says that Borenstein also called_on him and he also vou s for the truth of the story told by Reiman ding the monay. 1t is not known how Borenstein happened to have a key to the liguor house, Mr. Klein visited the undertaker's and after viewing the body said hie could not recognizeit. 1t was at first supposed that the explosion followed the fire, but it is stated by a num- ber of people who were in the vicinity that the fire was burning fiercely at the time of the explosion. TRIED TO CROSS THE TRACK. A Teamster Serfously Hurt by a C. M. 1 & O, Train. Henry Jenks, a teamster, living at Six- teenth and James, was struck by the incom- ing fast mail on the Chicago, St. Paul, Min- neapolis & Omaha near the North Omaha station about 9 o'clock yesterday morning. He attempted to cross the track in front of the approaching train and the engine struck the horses und front end of the wagon. One horse was killea outright and the other had 10_be shot. Mr, Joiks was hurled through the air o dista of thirty feet and sus- tained serious injuries.” His scalp was fearfully gashed, exposing the entire upper portion of the skull, which was fractured in two pluces. He also sustained several other severo cuts and_bruises, and it is feared that he is also injured internally. Ho was placed on the train and brought to the Webster street depot. He was afterward taken In the patrol wagon to_the residence of his brother-in law, John Owens, corner of Thirty-eighth and Leavenworth. Mr. Jenis is sixty-seven years of age and Ho is connected with the Masons, Odd Fellows, Grand Army of the Republic and Teamstors’ union, ~ His condition is very serious, and his recovery is doubtful GOBBLEI) BY THE TRUST. The Garnean Cracker Company Joins the Great Biscuit Syndicate. By a deal commenced last July and just consummated, the Joseph Garneau cracker company becomes s part and parcel of the American biscuit and manufacturing com- pany of Chicago, which is another name for the cracker trust. The property of Tiwelfth and Harney streets is transferred to the trust, the consideration being placed in the deed av §70,000. ‘I'nis new move legislates all of theold members of the Gurneau company out of office, with the exception of Joseph Garneau, jr., who becomes the manager of the Omaha end of the trust. The Gatneau company will not entirely lose its individuality, as all of the goods will be branded *‘The Garneau Bakery of the American Biscult and Manufacturing Com- pany.” A member of the old_company in speaking of tho change yesterday said: “This is nothing new tous, but it may be to the public. We made the deal six months ago simply in nld\:r to maintain pr The stock owned b, j the old company goes into the syndicate and we hold our plopurlioln\t&. amount of stock in the great corporation which our company helps to form. The terri- tory will be divided up for selling purposes and we will go when the voard of directors decide, but no other company belonging to the trust will be allowed to intrude upon the ground designated as ours. This will do away with competition and will result in our oods being sold at a profit 10stead of at a fub! as has been done.” The City Licen License Inspector Riley has filed his re- port with the mayor. In detail it is as fol- lows: Kina, Saloon. . Revenue: 245,000 00 }lru ISt l’u\wnlm Auctioneers. = caeZale Drainiuyors. Gunpowder Omnlibus. Housenov: Ei posters - Miscellancous Surveyors... Coupo Hacks Total. Many Clergymen, Singers, actors, and public speakers use Ayer's Cherry Pectoral. It Is the favorite remedy for hoarseness and all affections ot the vocal organs, throat, and lungs. As an anodyne and expectorant, the effects of this preparation are promptly realize: ctoral has done me great endid remedy for all dis- eases of the throat and lungs, and T hay re In testifying to its merits,"— Nichols, No. Tisbury, Mass. fon of an auctioneer, any affection of the volce or throat s a serious matter, but, at each attack, I have been ro- lieved by o few doses of Ayer's Cherry Pectoral. This remedy, with ordinary carep has worked such a magical effect that T have suffered very little inconvenience. I have also used it in my family, with very excele Tent vesults, in coughs, colds, &e.'—Wm, IL, Quartly, Minlaton, So.” Australia. Ayer’s Cherry Pectoral, PREPARED DY DR. J. 0. AYER & CO,, Lowell, Ma Bold by all Druggistn, Price $1; six bottle Drs. Betts & Betts Pajsias, Sacd ns and Specialists, 1409 DOUGLAS STRERT OMAHA, 0 Thno most widely and favorably known spec- sisintie Unflel States. The:r long ox- bie skill and uniyerss 55 T the trentient. and. cur ic and Surgical Diseases, ient physiclans to the full e affiicted everswhore. T C ATN "AND POSI TR tor o oW (ul ¢1FB0ta OF Enrly 1100 NA the Hamo: atfollow In its train HLOOD AND SKIN DI lately and TULA AND RECTATL ULCERS ured” without pain or detention from Ivu\lnr&u HYDROCELE AND VARICOCEL cu ) Ted, 18 well a8 all Tunctional disorders (it rosw it rom youthful follies or the excess of mature STRICTURTSHRREa P fl'«',fi.;‘uf}.y Yithout eutt (‘.lu~l|x~|-r dilatution. Cures effected o patient without a mo- ment's pain or annoyance, TO YOUNG AND MIDDLE AGED MEN. The awful eflects of A SURE CURE gy Sie wnfls SSrings or: e weakness, destroying both mind and bmxy with all its dre:ded ills. permunently o0 have im- TS Address those wi DRS. BETTS Adtremthosexno o m: proper Indulgence. and solitary habits, ‘which Yuih both mind and body, unitting them for business. study or marri MARRIED MEN or those entering on that happy life, aware of physical debility, quickly assisted, OUR SUCCESS Ts based upon facts. First—Practical experi- ence. Second—Every case s specially studied, thus starting right. Third — medicines ure prepared In our laboratory eXacily to suit Bach case, thus oMeoting cures withoit injury. Drs. Betts & DBetts, 1409 DOUGLAS STREET - - OMAHA, NEB. Dr. OWEN’S ELEGTRIG BELT With Double Wire Suspensory. PATEKTED AUG. 16, 1887, ll!FRlWE]] IULY 29, 1690, AW PENSORY will . maticComplaints eral and Nervous ness, Kldney ousness, Tremb- baustion, Wast- eases caused by Youth, Age, Mar- Life. BENT TO RESPONSIBLE PARTIES FOR CER- TAIN COMPLAINTS ON 30 DAYS' TRIAL. Also an Electric Truss and Belt Combined. Send 8¢, postago for FREE fllustrated book, 205 paee, whiich wiil be rent you I plain sealod envels ope. Mention this paper.” Address Owen Elgctric Belt & Appliance Co,, 806 N. Broadway, St. Louls, Mo. G Debiity, Costivo- Disonses. Nerv- ling, Sexual Ex- *ing of body, Dis- ried or Bin nely Mddtf\ fully Wnrunted Marvellous iniTone UATAL()GL'E FROM BOSTON OFFICE 5 APPLETON ST Mol Nopay till cured. DR.J STEPHENS,Lebs FISCHER'S [GE TOOLS. Double Markers, Plows with' Lift- ing Cams, Tongs, Bars and Fischer's Improved Ice Hooks. llimebzmgj Taylor, SOLE AGENTS, Omaha, 1405 Douglas St. a4 2 ALDEN, & FAXON, A Gck for $85.00 will secure the insertion of one- half inch 2 times in the following papers. Circulation 1,126,000. Springfield, Fa Louisville, 1 Philadelphia, Farm Journal New York, American Agriculturist Springfield, Mass., 1 & Fireside, both ed'ns nd Farm New York, Rural Atlanta, Southern ¥ HALDEN & FaXON, NEWSPAPER ADVERTISING AGENTS, 66 & 68 W. Third St., Cincinnati, 0. A California Herve Fo _g Makes New Frosh Blood aad Pro- Tad_Circulation Biood_as well as the i he Norvo Wy Torne, Cold ‘Huisds 0 Feot, l'uln lll the lh.tk and other forms of Waakness. Dr. Hobb's Nerve Tonic s bring the tint of health to the shnllow chenk. Torvous poble should take (his great Life Ronower. Tis them, and you wil foli tho thousanas of hapy men And’ women who daily bless Dr. Soub Iof his Kreat work i ihelr LehAIL. ‘flicy are cugar-coated. 50 cents & vial, For sale by Duggists or'by mail, Address: HIIK'S MIDCINE Co SAW, TRAKEISED, EAL Kunn & Co, Cor. 15h & Douy J. A, Fuller & Co., Cor. 14th & huu;. m reets. A. D. Foster & Co.. Council Bluffs, D, PRINCIPAL £3UGAISTS EVERYWHERE REMEMBER LINC IS THE NAME OF THAT Wonderful Remedy That Cares CATARRH,. HAY-FEVER, COLD in the HEAD, SORE THROAT, CANKER, and BRONCHITIS, Price $1.00. — Pint Bottles. For Sale by leading Druggists. FPREPARED ONLY DY Klinck Catarrh & Bronchial Remedy Co. 82 JACKSON ST., CHICAGO, ILL. Blake, Bruce & Co. EC WS NEBVE AND BRAIN TREATMENT, s e caused b om«x..m.\’ of tho' brain, over-ind K ts, Kouralgla, Wike ning of the Lrain, re: adjing to 5“ cay and GOODMAN DRUG (,0., 0Farnam Street, = = Omaha Neb DR. SANDEN'S ELEGTRIG BELT Free ity hrough ! {wum‘nm Torfelt, 85,00 1 ' Wori: casen Fere o oaits. Sealed pamphist Froe ELEOTRIC GO.. 169 Laiiie S+ BNIBAQD. ' AMES MEANS' amod /. James /e J. MEANS & €O, €1 Lineoln Street, Bosion, Mase. MANY A MAN will get well if he heeds, ordie If he igno Methade Exclusive; 8t rostored by e estimonials. g {3 mailed free {or a lim- ited time. Its Advice is OUR NEW BOBK | \7i//™s, K ddvicels and cured. Address Thousands BDICAL CO., Baffalo, N. Y. MELTENIOO SOON. FOR SALE My Pamting and Raperhanging business, Estab- Tished 1856, Haa s well selected stock of Wall Paper, Wail Mouldings, Palnts, Brushes, ete. P. WINDHEIM, 516 §. 16th Street, Omaha. Form burns use Fond's Extract. Absolutely ellable, perfectly safe, most powerful fen : e el A O AT L B N Ad ::rlalu\lulrl,\‘l DRUG O WINTER RESORTS, IIIINTSVlI.LE Charming W inter Resort in the Highlands. Huntsville Hotel Substantial Elegant, New HARVEY 8. DENISON, Manager BYRON F. DENISON, Assistant. CLEANING . The Ten Dollar sale of overcoats we inaugurated last week has re- duced our stock considerable, still we have yet quite a few to dispose of so the season will be closed, and what is notsold will haves” We have no room for unseasonable We have always made it a point to clean out at the end of each season, and are determined to do it this success lies in the fact that we start eve stock. We do not allow any goods In a week or to be carried over till stock. another. the inducements are gr ments. ance prices. dayin the bona fide reduction from our opportunity to save money. You will find it a big investment to buy an overcoat now, even if you do not get much use out of it this winter; i next fall. time. s season with will pay you to keep it for next winter. CORK SOLE SHOES. This has been a poor season for all winter shoes. sacrifice. less than $4.80. means pairguaranteed. One of the secrets of our an entire fresh to be carried over from one season to We know people will not buy overcoats in January unless 2at but we are willing to give them the induce- We are offering the entire balance of overcoats now at clear= When you bear in mind how close we sell goods every year you will realize what our clearance prices mean. regular low prices an uncommon We have alot of excellent calf shoes with genuine cork soles, which we are forced to We offer these at $2.78. Every not a shoe store in the country that will think of seliing such shoes for If you have never worn any cork sole shoes, try a pair., There They are warm and comfortable and keep your feet dry. CLEANING UP ALL AROUND. In every one of our departments we have something or other which must be cleared out and have made extraordinary reduction the underwear department, a Iot of scarlet heavy shirts and drawers, worth soc, down to 25 In the hat department we offer a lot of good knit caps, in men's they always sold for zoc. In some instances the price is cut just one-half, and boys' sizes, at 150§ In hosicry, excellent all wool seamless socks at 15¢; every store sells them at 3oc. At the glove counter you will find several lots of gloves and milts. reduced to about half their former prices. Nebraska Clothing Co. Fourteenth and Douglas Streets. We Close at 8:80 P. M. Open Saturdays Tlll Ten\ THE BEST RUBBER BOOTS & SHOES IN THE VvV ORI ARE MADE BY THE Woonsocket & Rhode Island Rubber Go And wo are their western agents and always carryalarestock. dress, American Hand Sewed Shos Go 1204 and 1206 Harney Street. Sacrlfice and Removal Sale ‘emean just what wa' say. Wi Our price: willtell. Our entira_stock H (except Patex Philippe & Co's Fino Watohes), 18 oh saie at such sacrifice prices, thatit should insure thesile of every article, OUR ART DEPARTMENT we are si; selling without regard to cost. ARy & Our'discount on Wate hes, Diamonds,Solid Eilver, Fine Jewelr; and 'all goods, n makes | the pr.céslower than our people have ever been able to purchase this class of This agle will i Inst long, ~ - oo Of oods. C.S. RAYMOND. Douglas and 15th St. DR. BAILEY GRADUATE DENTIST A Full Set o Teoth on. Rubber, for Ty Dowians, ot fit gaprantoed. Teeth extraoto it of Gnager, and Witlout anacs. thetios Gold and sllver filllngs at lowest rates Bridge and Crown Work, ~ Teeth w! outplates All work warranted OFFICE PAXTON BLOCK, 16TH AND FARNAM Entrarce, 16th streot elevator Open evens _ssundlgo'e lock the eflects of TO WEAK MEN -5 cary docay, wasting weakness lost manhoo, Gl T el Vajuabre treatisg (ealed) contataing hlll rticulurs for home cure, U lr’ charge r‘ o al yrk ; should ‘ad by every A el Ko 0 WLER, Moodus, Conn Suffertng_from Boventeen year the greatest succ (ation froo. The First Special After Stock Taking. MEN'S FINE TROUSERS Strictly All Wool, $2.50, $3.50 3.75 and $5.00 ENCES REQUIRED, NO CURE! NO WANTED—A FIRST CLASS CLOTHING SALESMAN. GOOD REFER- PAY DrDOWNS 1816 Douglas Street, Omaha, Neb. xporience. ervous, Chronieand | o 116 1401, hiot (roe. ny All bmnmo. arantoe £500 for every caso & inds Book (Mysteries 0 Lifo) sent fres. OMicohours—9a m. tof p. m FRENGH SPEGIFIG d 11, Baek, Lockport, N. ¥. utterlug from Nervoiis Debility, Sleope Arewulor graduate in modicine, us dipiomas show, s stll treating with Apormanont re ko S ypin s, BCFIGLaxS, AN Al giaS take' and fall [l ke & young man." §) LV E i l 010 by Goodman Dy uk C marked s . writes that after