Omaha Daily Bee Newspaper, January 29, 1891, Page 4

THE DAILY BFE E ROSEWATER Fm‘mlg l’l'lllllhlll')h EVERY \IUI{\I TERME OF SUBSCRIPTION, Yaily nnd Sunday, One Year. .#10 0 X months, . e . B0 Three months, “ooe 0 Weekly Boe, Ono Yeur OFVICES Omaha, The Bee 1t & Bou! n. N and 2th & ¥ Blufrs, 12 rl Str 17 Chambe o S 13, 14 and 15Tribune Bullding 513 Fourteenth strect RRESPON DENCE, All communications relating to news and Jitter should be addressed to the epartment, BUSINESS L, Allbusiness letters and romittances should pe addressed to The Bee Pubiishing ny, Omuhn. Drafts, checks and postofce orders 10 ho made payible to the order of the com- vany The Bee Publishing Comvany. Proprietors, The see Wd'g, Farnam and Seventeenth Sts NT, OF TROULATION. Dongias. {59 huck, secrotary of Tie Ber loes solemnly swear that the DAILY BER for the w , 1501, was as follows: Tinunry Baturday, J Average, P TRORGE W, 1780 TTUCK Sworn to before me and subscribed in my presence this 24th day of J v A D, 1801, N. 1% FhIL, Notary Publfe Btateof Nobraska, | Jounty of Douglas, { Tsohuck, |Muc<lv it ho s ¢ company, t ion of month of .. 1800, 1 for Oetohen, 1500, 20062 coples; for Novembe ¥, 1890, W coples; for Decombor, 1800, A Grone Sworn tobefore me, and presence, this slstday of Dec T ster of deeds has not yet paid over that little balance of $4,000, but his intentions are good. IN the Illinois senatovinl game the the farmers’ mutual party hold three of a kind and stand **pat.”” Ir Omaha gets all the bridges thatare projected, there will be no impediment to travel and traffic between the twin cities. THE distinguishing feature of the Ne- braskn slature is its masterly inac- | matters involving the public Tie council will presently discover that reprimands will not improve the management of an office where incom- petency is supreme. T.ocAt1. medical circles are needlessly excited over the unusual high tempera- ture of a patient, who is simply trying to keep abreast of the glorious tempera- ture of this summer resort in winter. ToE orooked joints and razzled ac- counts of the plumbing superintendent’s oftico have been officially whitewashed, but the quantity rubbed on is not suf- ficient to hide the political African in that woodpile. A AN inoculated with the ly mph of fiatism, the virus of woman suffrage and mesmerized with the erankism of prohi- bition can only be classed among men who lack a ratchet wheel in the upper story. And that’s what's the matter with the would-be governor of Nebraska. Joux . Powers and Francis Wil- lard ave in favor of uniting all the float- ing fsms of the day and rearing a new party on u foundation of discarded po- litical doctrines. This would only re- sult in bulling the market for freaks and overstockiog the dime museums of the country. Our of 8,113 arrests made in this city last year, 5,013 were dismissed by tho court. The great disproportion between arrests and convietions proves that the police do not exorcise reasonable disere- tion in tho porformance of their duty. The truth is there is too much rivalry among the members to mukea good showing in tho number of arrests. Some oftho novices on the force, clothed with brief authority, delight to excroise itby “running in” persons without reasona- ble cause. Omaha is cortainly as order- 1y as Minneapolis, yet the police of that city made less than 6,000 arrests last year and that too in a popu- lation greater by 24,000 But the proportion of arrests to convietions was greater. Fewer ar- rests for trivial offenses and more con- victions for cause would be a desirable {fmprovement in the record. e———————————— SINCE 1876 there has been a treaty of reciprocity botween the United States and the kingdom of Hawaii. The most valuable feature of the treaty to this government is the grant of the exclusive right to enter the harbor of Pearl river, in tho island of Oahu, and to establish and maintain thore a coaling and repair station for tho vessels of the United States. Tho late King Kulakaua was a warm friend of this country, and while he lived there was no danger that the interests of the United States in Hawaii would suffer, but since his death the question has been raised whother England, and pos- sibly Germany, also, may not attempt to obtain concessions from the new gov- ornment to the disadvantage ot this country. Political troubles in the islands are to be expected, and when they como it is more than likely that foreign powers will take the opportunity to acquire n greater influence there than they now have, if not to secure control of & portion of the islands for the pur- pose of obtaining a like privilege with that now enpyed by the United. States Doubtless our state de- partment is not indifforent to the situa- tion, for although this country does not want the islands as a possession it will not be disposed to allow them to pass into the control of a European power. It is quite possible that this may become asubject of interesting controversy be- tweenthe United States and one or more foreign nations SCRUTINIZE ESTIMATES AND BILLS Nobody ean truthfully impugn the motives of THE BrE in asking the legis- | Inture to earefully serutinize | mates of the rolief commit sincorely for the prompt and the destitute people of | fromtier, but it knows enough state’s benevolence taken against imposture and We cast no to put the shoe on. Wo can better afford to ruffle the tempoer high-strung semi-official vaste of funds or means without We remember how the grasshopper relief committee of 1875 boiled over cause THE BEE allowed Do used by parties who pointed out shortcomings of relief ag exposures thon made fully justi course pursued by this paper, S0 long as the r confined to prl its columns to e enterprise and untary contributions it would have been impertinent to meddlo or find fault the committee, toassume the responsibility of ¢ titute settle aken out of tho state trea supplies and sec it our duty to sound anote of promiscuous and promiseuous purchases of ardless of quality and without compe- nd the mon It is the custom for people who sell to the state on credit and chargo cxorhitant rates for th abuses are nes without bids to rly always \\mlud at h,- legislative committees, but when it comes to furnishing supplies for the s of the frontier it is the duty of the legislature to exercise the utmost vigilance, disposal of the state are com and should be expended so as to secure the largest quantity of supplies that can be had for the money. AND PUBLIC OF The New York Tribune hopeful view of the caption, **T'rusts Abandoned,” i ay of trade combinations to crush competition he ‘‘were popular a yedr or y name is so odious not only when destitute settle: Now the ve that it is avoided, purpose and form of the organi make it appropriate, but wh bination against the publicis intended.” While the public is still v believing that the evilof trusts has beon oliminated from business and social life, it still has much reason for congratula- tion in the fact that its opposition hasat Trusts were never pop- Thoy were al- ular with the people. ways popular with manufucturers and capitalists in haste to pile up their offered an inviting a commodity by combining their capital and fixing ironclad prices for the con- But the prosperity thus for the fow in the combination lently plundered from the many paid the enforced high prices for the necessities of life, Tribune’s note of congratulation rests, however, on a very slender basis. So far as it has come to the knowledge trust has This is the harvester combina- tion. which went down before the angry protest of western farmers. y hopefulindication of the times, as tar as it goos, and indicates that agitation is means of exterminating the post of modern business. 1f a heginning has at last been made, the work of reform should be vigorously The lamonted Ingalls s and combina- been found to control the production and price of 50 of the necessi- Thisis an appalling state- It shows that there is still plenty of work ahead for the enemies of monop- pushed forward. itly said that teus ties of life. In the end public opinion must tri- umph over the gread ofselfish men. the time has not yot come to colebrato such a victol The action of the United States senate in taking up the reap; and thereby pushing sure will very likely prove to be de- risive of the fate of the latter, that a majority of the republicans in both the senate and houso are very well pleased with this action, and if that be the case it is safo to ortionmént consideration tho reappor- sidored, senators will have an oppor- tunity toloarn morg fully the punln‘ sentiment relative to the has boen supplanted, and it is i doubted that they wiil find the weight of wasting any more time of the fow woeks naining of the present s cussing the ele be already clear to the advocates of this measure that it has not the sympathy of publican party, but if thoy do not under, this now they .ty sure to do so have received tho exprossions of ropublican press on Monday’s action Five woeks of the session remain, s if the many matters of practic ance awaiting consideration are gi attention, every hour of have to be devoted to them. Allison is quoted as say propriation bills will occupy three woeks of the time, leaving only two weeks for considering & score of othor subjects the time will ng that the probability considered as thoy should be, while oth- rsmay not be reached. Butat any ratoe it is evident that the senats to waste any time in dilator o political measure which the people do | not ask for and which has the support of only a small minority of them. elections bill is abaudoned doubtless the eannot afford | purposed closure rule will also be dropped, since the domand for 1t confos: sedly exists only in connection with the | former moasure. There aro valid ren- | sons, however, for a fair rulo under which debate may be brought to a close after having been cal on to areasonable extent. But if such a rule is not adopted at the prosent session it | will probably be many years before it is | again proposed. here is still opportunity to justify | the promise to the country that this con- gress was to be distinctively and notably a business cong em——— THE ALLIANCE FOR FARMERS ONLY. The convention of the National Farm- ers’ Alliance rejected by n large major- ity a proposed amendment to the con- stitution allowing members of labor organizations to bo admitted into the subordinate lodges of the alliance. The opponents of the proposition argued that the allinnce would have greater in- fluence and be more effoctive in promot- ing the principles and interests for which it was organized by continu- ing to be an associstion e clusively o farmers. It w urged that if the doors were opened fo persons in other industrial pursuits there would inevitably arise discussions and conflicts, and there was also the danger that men would get into the orguniza- tion who have not genuine sympathy with its objects and who could do it -serious injury. The advocates of the amendment had little to offer by way of overcoming the force of this line of reasoning. There can be no question regarding the wisdom of the convention’s action. No organization can he permanent, influ- ntial and effective that is made up of a variety of interests which canuot in the nature of things have in all circum- staaces a common object. The decadence of the Knights of Labor ensued very soon uftor they began to admit into the organization anybody and cverybody. On the other hand, the Brotherhood of Locomotive Engineers has maintained its strength and influence by its policy of exclusiveness, refusing to make any entangling alliances with other labor organizatior These instruc- tive oxamples of the operation of the different principles illus- trate most conclusively the wisdom of all organizations preserving a distinet individ The N mlm'\l Farmers’ Alliance has done wisely in adhering to the original policy of having it exclusively an or- ionof farmers. In that charac- ter it will preserve its influence and avoid the danger of internal dissensions inevitable where there is a variety of interests. And having taken this judi- cious actiun, the alliance should now purge itself of all persons nov actually engaged in the pursuit of agriculture. The last annual report of the city en- gineer shows a fraction over 61 miles of paved streets in Omaha, The materials used are sandstone and granite, asphalt, brick, and cedar and cypress blocks in the following proportions: Asphalt, 15.74 miles; sandstone and granite, 17.45 miles; brick, 8.05 miles; cedar and cy- press blocks, 24.96 miles. How shall the money be raised to keep the pavement .in repair? Shall the cost be assessed against all property or against the re- spective paving districts? Theso are important questions which the delega- tion in tho legislature should carefully consider before approving the draft of charter amendments, Under the present law the entire ci is taxed for repairs made in any portion of the city. The injustice of this system is apparent on its face. Paving districts are created by the council, but the owners of abutting property are per- mitted to select any of the materials ap- proved by the board of public works. Thus over one-third of the paved area wood blocks, selected by property owners on account of its cheapness. Its cost was an average of 81 per square yard less than the cost of granite or sandstone. The wear and tear of the latter is scarcely noticeable, while there are already acres of wood pavement so worn and decaye that they must be replaced with better material during the present year. Is it right to tax property owners, who se- lected and paid for durable material, for the benefit of those who ordered their streets paved with cheap material be- cause it was cheap. During the year 1889 the cost of re- pairing asphalt pavement was $11,300. For 1890 the cost was about the same. As fast asthe five-year guarantees ex- pire, the cost of asphalt repairs will increase. Add to this the cost of re- pairing or replacing the miles of rotting blocks, and the city will in a few years have to meet an enormous bill of ex- pense. To tax the city at large for this expense is o grievous wrong. It places a premium on cheap pavements and im- poses a double burden on enterprising property owneres, who e taxed them- selyes for the most durable and costly pavement. DThose who select cheap material should be made to hear the cost of re- pairs. Lo that end, the charter should be amended o that the cost of maintain- ing paveients inthe districts now ereated be assessed annually against the adja- cent property. By this means, property owners will realize the folly of cheap fivst cost, and the miles of decaying wood will scon give way to cleaner und more durable mate NEARLY AS B.AD AS It was expected that the pr t logis- lature would st an example of judicious cconomy in the matter of empldyes. The course of preceding legislatures in pro- viding for an army of clerks, pages and other attaches, many of them simply sinecures, at” an expense wholly un- . was condemned by the people ospective of party. This inexcusablo extravagance was not with- out influence in g votes ! aguinst the party respousiblo for it, and obe of the reforms loc for from the success of the candida! | the independent people’s party material reduction of the expense for iva employes. This was prac- ticable without cnusing any delay or detrimont to legislative business, and besides the always® imperative duty of | LU avolding oXiFavagance In public ex- penditures W% are spocial reasons at this time for the practice of econony. Provisions t bo made for supplying the needs bt § thousands of dostitute people, ai a liberal appropria- tlon will be required to enable Nebraska td ¥ proporly represented at the Columbjan exposition. These ex- traordinary dégands must bo met, and while the state can meet them it is plainly the distate of prudence that no more money shall be taken from the pub- lic treasury for other purposes than is absolutely - necessary. Paying out thousands of doilars of the people’s movey for uscless employes in the logis- lature is utterly indefensible. But the reform legislature is showing itself to be almost as bad as its prede- cessors in this particular. The house employes now number 79, which is four in excess of the limit fixed by the law passed two years ago. Scction 12 of chapter 48, relating to the legislature, he officers and employes of the house of ropresentatives shull consist of aspeaker, chiof clerk, assistant elork, sergeant-at-arms, door keeper, enrolling clork, ongrossing clork, chaplain, and such other officers and employes, not ex ceeding seventy-five in number, as bo decmed necessary for the proper tr ction of business, such othor offi- cers or employes to bo elocted by the house.” Notonly has the statute been violated in the matter of the num- ber of employes, but it is disregarded in the action giving authority to the speaker and the chief clork to appoint employes, the law explicitly saying that they ehall be elected by tho house. Ob- viously it is the duty of the house to at once reduce the list of employes to the number prescribed by the statute, but it ought to go farther than this and dis- pense with every clerk or othor em- ploye not absolutely needed. There is still a great pressure for appointments, and doubtless nearly every member of either branch has some friend whom he would like to as- sist out of the public treasury. It is not difficult to understand how hard mem- bers find it to deny all the avplications made to them for positions. But their duty tothe people demands that they tako a resolute stand against squander- the public money for needless employ The party in control of the legislature will have some difficulty in justifying a failure to institute this practicable and important reform, MAYOR CUSHING and & special com- mittee of tho council have resolved to go down to Lincoln today to make a formal prosentation of the char- ter amendments to the Douglas delega- tion in the legislature. It strikes us that there is altogethor to much for- .mality about this. Why should the mayor and tho whole committee wait upon the delegation, when one man could just as readily carry the amend- ments in his handbag? ‘What need is there of any body going down to Lincoln at the city’s expense to deliver a package. The Douglas delegation will be at home next Saturday evening, If there is to be arty formality abodt this matter they can beinvited tothe council chamber and if anybody hasa presentation speech to make let him doliver it where it can be done without expense to anybody, and where the delegation can, if they desire, tall the proposed changes over without trenching upon the time which they are obliged to devote to committee work while they are at Lincoln. FROM a business standpoint the propo- sition to take §200,000 out of the general fund of the stato treasury will scarcely commend itself. It would be much more sensible and business-like to issue bonds and cash them at par out of the pern nent school fund, in which se hundred dollars are now waiting for investment in state or county securi- tios, Everydollar inthe general fund will beneeded for current expenses. To withdraw $200,000 from that fund simply means that the state tax levy mustbe raised. In other words that the people must pay the whole amount during the next two years, instead of only paying interest on bonds which at best would only amount to $10,000 a year. THIS is a remarkable legislature in more respects than one. Two wecks ago the house voted down a resolution to recognize Governor Boyd; therefore the independents insist that they cannot consistently recognizo him hereafter, no matter what may happen. There is about as much sense in this kind of con- duct as in that of the man who didn’t see tho use of repairing his leaky roof in dry weather and found his furniture floating around the house during a heavy rain. LIet NANT GOVERNOR JON of New York proposes to follow in the foot- steps of Hill and announces himself as a candidate for governor. Mr. Jones will pay the freight and other incidental ex- nses. Meanwhile Mr. Flower isar- nging his grafis to blodm in the fall. ———— THE object of the star-chamber pro- cedings is now, visible to the naked eye. The political sehemers in the alliance who want to found a new party, were afraid that a public discussion of their bantling would prove fatal to it. — THE next natiopal campaign will be very interesting in the matter of politi cal side shows gotten up for the benelit ol the democratit party ——— THE alliance g a non-partisan body has ceased to exist. S—E— 1ts the OId Guard, New York World. The Iudisns have surrendered, but the Indian ring hasu't. - Show for Young Me New York Sun. Shall young men go into politics! Yes, oven young mugwumps. Let'em goin like thunder, S - 18 the K 8t Pawl Pioneer-Press. Our own legislature is quite a little con- gress, now that it has gone to d iding con tests on pariian grounds instead of the merits of the case as presented. New Yok Herald, There is no moral to the story which bas veached us by cabie of the taking off of Prince Baudouin, tho Belgian helr apparent. Ho was aprince. Hohas departed. By to- morrow he may be forgotton. Prince Albert 13 tho fiew heirapparcat. Vivelo prince! - i s THE ALLRANCE, Make hoarding & penal offense, says the Saturday Globe, On this text the New York Sun says: “Yes, abolish overy form of in- dividual liberty and get some first-rate despot 10 boss tho universe, Then the millennium would set in." Ree Heights, 8. D, Free Press: One in- dependent puts it pat. He says: *“Wo left the republican party to get rid of bosses. We find that wo have only exchangod one lot of bosses for another, and the last lot has a d—d sight less sense than the others had." St. Paul Pioneer Press: It appears prob- able that if any money is ever loaned on Senator Stanford's scheme to let the people borrow from the treasury on wheat, oats, oats, liver and cheese it will have to come out of the senator’'s own ample fortune in- stead of the source intended. farmers of Ohio, that hotbed of financial heresy, have in couvention assembled de- clded against it A Kansns congressman has boen telling the Boston Herald something about Jerry Simp- son and 1s quoted as saywg: “Simpson is by no means a green man, Noone cnjoys moro than he the yarns that are printed about him in the papors. Why, I have known him to g0 to a hotel and write the wildest sort of afiston the register and spell lis town ‘Meddy Sin Lodge,’ just to hear what the ple would about him. He knows r, of course, but is always for a little fun.! According to the nn Valley Chief a story is going the rounds to the effect that one of the members-elect of the South Dakota legis- Iature started for Washington a few days be- fore the time for the assembling of the legis- lature to take his seatin the national house of representatives, to which he understood ke had been elected. He was intercepted on the way by a telegram from a friend inform. ing him that his presence would be needed at the state capitol at Pierce instead of at the national cavitol. New York Tribune: Combinations for the benefit of individual capitalists, woether manufacturers or transporters, against the interests of the public stand on a most inse- cure footing. The millions rule and make the laws, and control their administration. They appreciate the advantages which com- petition gives them, forcing the vrofits of manufacturers, transporters and tradors down to a minimum, and they mean to keep that advantage. Until the public can be brought toa different frame of mind busi- ness combinations for the purpose of sup- pressing competition wiil continue to be treated as hostile to the general welfare. Siofx City Journal: There wiil dly be ny permanent union of the farmers of tho v the cast and the south for political purposes. The eastern farmers are mainly opposed to silver legistation, Morcover, they cannot agreo with west- ern farmers on the tramsportation ques- tion. The rates that enable the wostern farmer to drive the eastern farmer out of a market in his immediate neighborhood for many products will not be povular among the grangers of New York, Massachusetts and Vermont. Nor are the farmers who raise corn and those who raise cotton likely to agree much more precisely. They have never yet been united in politics in anything like a solid body. Much speculation is being indulged in as to who will lead the alliance members in the next national house of representatives. Knowing ones say that the only man whom they are likely to unite on is Rice A. Pierce of Tennessee, who has been elected for bis third term. Plerce is not a member of the alliance, Hoe is a lawyer and a very good one, but he lives in a rural district, was raised on a farm and afiliates with the farmers' alliance poople. His experience fits him for leadership, Pick- ler introduced the suo-treasury billin the house and is for it, but Pickler is a republi- can, and the alliance people will probably want a democratic leader m a democratic house. Livingstone of Georgia will doubt- less make a fight for the leadership, but Livingstone lacks experience, il NONALITIES, Rudyard Kipling was buttwenty-five De- cember 30 last. G. H. Ouray, ex-delegate to congress from ond, died at Tucson, aged sjxty-six s, ‘The only daughter of Senator Voorhees of Indiana has joined the Ioman Catholic ce Greenwond is not writing much just now. Al her spare time is devoted to charit- able work. man William M. Morrison of a bequest of §75,000 from a California relative. Dr. W. H. Milburn, the biica, chaplsin of the house of repre Book on tho ploncors of tha bMisslssippl. wal: ley. He has a collaborator. ‘An old schoolmate of Rider Haggard says that at college the future author of “She’ was not accounted cley He was a plain, matter-of-fact boy, who lived simply. att Senator W. P, Peter of Maryland, o descendant of a collateral branch of the Washington fawily, possesses a Masonic jewel worn by George Washington at his death, Mrs, Cloctte M. 1. Hilliard, a lady who has earned considerable fame as an author- ess, died at Los Angeles of a congestivochill. Mrs, Hilliard was & grandniece of Charles Howard Poayne. S JESIS. Epoch: He—“Will you name the month " She—‘No—no—November." Elmira Gazette: Anger is vulgar, thore is nothing s0 low us a towering rage, Ram's Horn: Don’t shake hands with the devil when you say good-by to him, Chicago Times: The fruit of a sucnessful theatrical debut appears to be dates Pittsburg Chronicle: Even in Ircland the landlords do not have rentrolls for break- tast. Indianapolis Journal: Salvation is some- thing like @ bonnet—it's the trimmings that make the expense, Epoch: Teacher—2Why does Great Bri- tian support royalty Pupil—Because royalty canuot support itself.” Munsey’s Weekly: “Why do fish have scales, papa” Dou't know. Perhaps it's to settle dis- putes among themselves as to which weighs the most.” Muncey's Weekly: “1 think these type- writer jokes are awfully foolish.” “They are for a fact, My wifo comes to the ofice once a week ever since the papers began printivg them.” Boston Traveler: Swoshor—Graat scott- man, you 100k as though you had been ling with a cyclone! Where have Tingler—Worse than tha! $10 bill at a church fair, w York Herald: Goldsmith might have added when he wrote of “The loud laugh that speaks the vacant mind” that the lond laugh that frequently denotes that though the mind is vacant the owner of it is full When aby was sick, wo gave her Castoria, When she was a Child, she cried for Castoris, When she beeame Miss, she clung 0 Castorla, When shio had Clildren, she gave tiom Custoria, STANDING TRIAL FOR MURDER Preliminary Hearing of the Three Acouns:d in the Shgedy Oase, ONE GOOD WITNESS FOR THE STATE. Somo Opinions Rendered by the Su- preme Court in Douglas County Cases—Nows from the State Capital, LixcotN, Neb., Jan, 28.—[Special to Tnr The preliminary hearing of Mrs. y Sheedy, A. H. Walstrom and Monday McFarland was begun before Judge Houston in the district court room this morning. The state was representod by County Attorney Suell and F. M. Hail and the defenso by J, B. Strode af J. E. Philpott. Although tho examination did not begin until 10:30 o'clock, the court room was crowded by 9 o'clock. There were not over a dozen women present, but the men literally climbed over one another in their desire to see tho prisoners, The crowd pressed against the big railing until it cracked omin- ously, and the court was compelled to ordoer them forced back. Mrs, Sheedy was nccom. panied by her two sisters, Mes, Dean of this city and Mrs, Baker of Western, Neb, Baker was also present. Walst Farland bad been kept in the judge's pri office since 8 o'clock, but Mrs, Sheedy was brought directly from the jail. She was very pale, and at the closa of the morning se was evidently suffering from uervous p tration, and tottered as she on tho arms of her sisters, All wero brought_in through u rear door, guarded by Ofticer Kin- ney. Dr. Everett was the first witness called, He testilied as to who were present at the Shecdy residence after the blow had been struck. He had been in tho house but a short time before Dr. Hart came, Ho described the wound astho result of ablow. Atl o'clock Mr. Sheedy was perfectly uncon- scious; thought his condition indicated that some poison or ic had been adminis- d. At the antopsy the brain was found perfeetly sound, no ¢ othier indi- ion of having been injured by a blow. He was not ble to state aused M, Sheedy's death, but thought that it resulted from the injury the eye. The symptowms were those of morphine p Dr. Hart was then d, other things ho said t » E v medi- Lit put, in coffeo, h wis proparad by Mrs. - Shee brovght it into the room. The doctor put the medicine in the coffeo, and Mrs, Sheedy gave her husbund the dose of coffee ~clear—and the medicine Dr. Casebeer was the next witness, but as he did not see Mrs. Sheedy before ber hus- od be did not throw any light on the idwater, a pawnbroker, was called Kuew Monday MeFarland, Had sold him a oon a few days befor Witness had bought the e ot. He positively identified the cane because he had mended it by driving in the head a half dozen tacks. The head camo off and it was mended by tacking it on, Ofi- cer Malone brought_the cane to witnoss Sat- urday night after Sheedy was hurt, and he recognized the cane by taking the top off where he had tacked it on, and saw that the ferule at the small end was off. Goldwater was put through a searching cross-examing- tion, but proved a valuuble witness for the state. An adjournment was then taken until 1:30. Dr. Beachley was examined this afternoon. Had examined the organs of the deceased; found a piece of bone IxIi¢ inches, broken near left eve, held ouly by tissue. In exam- ining the brain he found a small_amount, of blood between the skull and membrane, no clot, caused by his lying on his back after death. The brain was in a normal healthy condition, kidneys normal, walls of heart thin and heart somewhat flabby; removed the stomach and tur to the coroner. Did not seo Sheedy ro he died. Do nob think the blow killed him. Do not think con- dition of heart had anything w0 do_ witn death. Heart weighed twenty-two and one- half ounces; normal heart weighs fourteen to sixteen ounces; walls thinnest on right side. DIDN'T WANT A FAUMER JUR ‘The case of the Moline-Milburn-Stoddard company vs Tames Holland and others in the United States _conrt had rather an uncere- montous continuanco today, Holland is an implement dear at Broken Bow and has been purchasing his goods from_the above named company. Ho owed them §3,725. To liquidate _ this _indebfedness 1t was d that he turn over to the company notes aggregating that amount, from " various farmers {u Custer county. Holland declares he has done this, but the company denies it and refuses to sur: render the bond he originally gave them, This _morning the opposing attorneys agreed to_submit it to ten jurors, as there was not a full venire left. Mcintosh Omaha, who represented the company covered that the ten were maiu and afterone who was not was excused Me- Tutosh threw up the spouge and refused to declaring that as the repre- rporation. he would not sub- mit tho case to o farmers’ jury. As a resul the caso was indefinitely postponed. SUPREME COURT. Japin vs Breternitz, Error from Lincoln county. Afirmed. Opinion by Justice Nor- val Colonial ang United States mortgage com- pany vs Ioutch et al. Appeal from Holt county. Afirmed. Opinion by Justice Max- well. Paxton & Gallagher vs Moravek. Error from Box Butte county. Aflivmaed, Opmion by Justico Norval. al vs Palmquist. Error from versed and remanded. Opmion by Justice Norval. In re quacre of the procedure of the two houses of the legislature in contests of the clection of _exceutive officors. Original, Opinion by Chief Justice Cobb. "Tho last clause of section 4 and section 15 of articlo 5 of the constitution, aud the last clause of section 77 of chapter 26 of compiled statutes construod and held : That the passage and adoption, by the legislature, in the man- ner provided by law, of & concurrent resolu- tion fixing & day for the uniting of both houses to determine by Jjoint vote contested clections for officers of the executive depart ments, its signing by the presiding officer of cach House, its presontation to and &pprova by the governor, or in oase of his return the same with objootions within five days Sunday® excopted, its reconsideraty approval by threc-fifths of the m d to each house, are indispor ceedings to the legality of @ jolnt meetin| the two houses to detormine contested elec: tions, 2. Held, applicable to the procedure 6o testing the election of porsons declared clected to the oftices of governor and lieutens ant governor, who have qualified and en- tered upon their duties, and applicatge to all other executive officers. 3. A casus omissus, in a statute, cannot bo supplied by & court of law, for thit would be to make laws. Butler J. in Joues va Smart, | T, R. 51, athrope vs McBride. Error from Holt county, The judgment is afirmed. Opinfofi" by Mr. Justice Maxwell Van Etten vs Kosters, Trror from Doug- las county, Afirmed. Opiaion by Mr. Jus- tice Maxwell. 1. Where aMdavits or other evidence is used on the hearing on a motion for a change of venue in the district court such evidence must be proserved in wbill of exceptions to be available in the supreme court., 2. Where certain lien holders had assigned their licus to one H, who brought an noc- tion thereon In his_own pame and obtained nt, which judgment was afterwards d {n the supreme court and the cavse od for further proceedings, wioro- upon one of the lien holders brought au ac tion on his own account, in his own namo. Held, that the judgment of the supreme court was ot bar o the action 3 upon the material pointa varly oqually balanced ot ia afirne vs Van Biton. Appeal frg Afirmed. Opimion by Mr, Justice Muxwell 1. One H. was permitted to file an amended petition upon payment of costs. He paid & amount of “costs and filed an amondod the ca: fed and a Hold t below had deemed the order of the court us to payment of costs satisfied by trying the use and rendering a decree, that if wore costs were still due, the remedy of defend Was a motion to retax, and that shou tional costs still bo duo from the plaintiff it would not bo cause for the rovevsal of tho Judgment, 2, One H. brought an action to forecloso a mechavies lien and thora being a number of small Liens against the same property, thoy we irned to him, and an action brought on in lis ownname, Hoeld —That as the gument of such s was in the interest of ‘economy, mot ouly on behalf of the lien holders, but also on behalf of the defendant, therefore an or- der of the court continui such licos in force and permitting the pl acquire the beneticial interest as well logal title would be sustained. Whe proof is conl g and of such a chara to leavo it uni am whut the facts are finding of the trial court ordinarily will not be disturbed. 1. The judgment is in conformity to the proof und thiero is o matorial rror fu tho record. Phenix insurance company vs Bolman. Leave given plaintiff to withdraw exhibits on filing of certified copies thercof by the clerk. The following causes wore g gued and sub- mitted: Lowe vs Omaha: Plannagan Eiton ; South Omaha va Cunningham; Staloy vs Housel, Court adjourned to Thursday, January 20, 1801, at 9 o'clock a. m., THE PILOT WAS RESPONSITLE. The jury in the steamboat caso in the United " States court rendered a aoublo barreled decision today that was something of a surprise to the plaintiff. As will bo r membered the case was one in which tw ferry companics were t rties at suit. A steamboat belonging to Linchan _ferry com- pany ran against a wire stretched across tho Missouri river by the kd W. Weisenride S ing the boat and killing the pilot. suits were brought—one for nages 1o t boat and the other damages ruing from the deatl of the pilot. The v passed on the first ci , awarding 00 damages and finding the pilot guilty of nal carclessness, This virtually deposes the second e TRYIN T DANAGES. ) of Council Bluffs vs Patrick R. Suilivan and Alle Brothers of Omaha has been given to th jury in the United States court. Askwith, who isa_grocer, was mdebted to the de- fendants for several hundred dollars worth of goods, and on his failure tosotule, his stock of groceries wus attached, Askwith clain £00 exemption, but his stock of proccrics Wi old und the sherifl’'s hammer just tho same. Ho thereforo sues for £,050 dam BEN BAKEWS KICK, United States District Attorn entered a very vigorous kicl today * bocauso ho subscribed his name to a petition to tho president of the United States for the pardon of Winston Taylor of Harlan county, who is under six months sentence for sending an obsceno lotter to o young lady in Atlunta she jilted him,” Baker claims that ho v signed the petition under misappre- hension or misrepresentation, It is asserted in the petition that Taylor's parents are aged and infirm persons dependenton him for o living and that the patition is simply asked to enable him to go home in timo to put in D the coming season, 1t bas been ascer- tained that there are two other grown-up sons at home, one older and theother vounger than Winston and that they are amoly able to do the work for the old people. ODDS AND ENDS, George Wilson w psted yesterd ternoon by Offfcer Adams after < glo. Wilton had “gone into 5 Polwosky's store while drunk and began bros thing in sight, Mr. Polwosky attempted to compel him to get out, but was assaulted und struck over the head by the dranken chup. In arcesting the fellow the ofticor had - dos- perate strugele, Wilson clinching him _and both rolling on the pavement. He paid £1 and costs this morning, Fourteen of the ninety-four childron in tho home for the fricndless are down with_diph- e Bartram and Mayor Graham have institnted an investigation iuto the medical treatment received, and some iu- teresting developments are promis Highest of all in Leavening Power~—TU. S. Gov't Report, Aug. 17, 1889, Rl Baking - Powder ABSOLUTELY PURE EXCELSWR SPRINGS Ho. “""‘“‘"WATE Rs “Sulphe; Nature's Tonie, Diuretic and Uric Solver SOLD ONLY IN BOTTLES BY C B. MOORE & CO., Agts. 1515 Dodge " NEBRASKA National Bank U. 8. DEPOSITORY, OMAHA, NEB. Capital, - - - - $400,000 Surplus Jan. 1st, 1890, 87,800 THERE IRON BANK, A General Bankling Business Trausacted OMATHA. LOAN AND TRUST COMPANY. Bubsoribed and Guaranteed Capital,...8500,000 Paid in Capltal.. ... Lo 530,000 Buya and solls stooks wad bonds; negotiates commerolal paper; recelves and executes Lrusts; note e tr. r agent and $rusteo of corporations, takes charge of property, ool- Jocts taxes Omaha L.oan&Trust Co SAVINGS BANK. S, E. Cor. 16th and Douglas Sts. ¥ald in Onpital... 60,000 Bubscribed and Guiranteed Oup 100,000 Liabllivy of Btookholders. 200,000 5 Per Cent Interest Pald on Deposits, FRANK J. LANGE, Onshien, OfMoers: A. U. Wyman, president. J. J, Brown, vice-president, W, T. Wyman, treasurer. Directors:—A. U, Wymnan, J. 1. Millard, J. 1. Brown, Guy O. Barton, E. W. Nesh, Thous i Kimoall, Goorge B. Lake