Omaha Daily Bee Newspaper, June 13, 1891, Page 5

PRESENTING THE DEFENSE. Mccond Day of the Trial of the Big Bridgs Case. MHE PLAINTIFF ROAD'S CLOSING PLEA, bullun Dillon Opens the Union Pacific Def and Points Out the Alleged Flaws in the Contract. £ When fedakal court opened yesterday in tho Rock Island-Union Pacific case the court Yoom was complotely filled, almost the entire barof Omaha being presout to hear the eminent logal lights engaged in the case. Mr. Popploton resumed his argument, Luking up the question of the length of time covered by the contracts, and citing several Anstances in which contracts and leases had Iboon made for soveral hundred years and ‘one case where a lease had been made for 10,000 years, citing supremo court opinions to the effect that the power given a corporation for tho renewal or con- tinuanco of its corporate existonce beyond tho poriod for which it was first organized carried with it the power also to make con tracts for a longer porioa than its articles for Jacorporation provided on their fac Taking up the quostion of spocific perform- ance of the contract Mr. Poppleton quoted from the terms of the contract bearing upon the fact that tho trains of the three roads should be under the direction of the dispatch- ers of the Union Pacific; also the provisions zoverning thoe transfor 'of freight from ono oad to ancther; the stipulation that the tracks should be kept in re poir; also that the i ing for the removal of obnoxious emy nd sey- eral other stipulations of a like nature. Ho quoted from a similar caso passed upon by ustice Miller to show that the contract was one which called for a_specifio performance. Mr. Poppleton held that it was nonsense | 0 say that the federal court had no power to |.eaforce the contract provided the court should | decide that the contract was a valid one. It had been stated that the enforcement of the contract would result ip continual appeals | to the court for rulings upon details, This vosition he held was fallacious asd cited the case of the appeal to the courts by the citi- pzens of Towa to compel the Union Pacific to do certain things with roference to the ope astion of trains across tho bridge. Tho court had issued a mandamas to compel the Union Pacific to oporato trains as requeste \pothing more had been heard of it. clmopl(‘nol continual litigation had been nade in that case, but experionce had shown that no such result followed. Taking up the question of the money con- sideration to be paid by the two roads, Mr. Poppleton quoted from a loug array of fi ures of expert witnosses from which he drew the conclusion that _the right-of-way and the construction of tho bridee and tho tr: be used under the contracts was reasonably worth about $3,500,000. Under the contract the Rock Island was to ba ailowed the use of oue-seventh of the capacity of these tracks :mnd the Milwaukos one-eighth of that ‘capacity, Taking one-third of the estimated value of these tracks and the bridge, and cal- pulating interest on this amount at 5 per cont, produced @ rosult of £50,815, which was far low the §90,000 which 'the two companies wore to pay for much less than ono-third the capacity of the tracks and bridge. He ar- jgued from this that the : mount named in the ontract was not unressonablo, henco the contract could not be held to be void on that ground. Mr. Poppleton closed his argument by a peatbing arraigninent of the Union Pacific managoment for tho criminal manner in which 1t disregarded tho edict of the state court and said it was not the fault of that company that murder had not been com itted in its flendish derailment of Mil- sukee trains, P At the conclusion of Mr, Poppleton's ar, ‘ment Juage Thurston, for the Union Pacific offered in evidence tho cortificate of incorpor. ation of the Rock Island filed in the office of tho secrotary of state o cortificate to tho effect that that was all there was on file; aiso a certificate of the county clerkc of Douglas county to tho ®ffoct that thero was nothing of that sort on tilo there. | The ruling of the court on tho admission of these documents was reserved. Judge Dillon then oponed the onse for the defendants. Speaking in a very deliberate and declamatory style, he said “he had not tho strength or the inclination to follow the learned counsel who had preceded him into the wide fleld which they had traversed. In his opinion there was no necessity for such a course. Ono of the gentlemen had said ho ‘would not weary the court by going into the dotails of the contract, and there was method Ifnsuch a course. The speaker held that the contract was the basis of the whole caso its details wore thorefore important. He marked thav if the court knew nothing of tho case except what had been stated by the entlomen, then indood must the court be guorant of the most important details of the ‘Wholo matter. Judge Dillon then announced that he pro- fposed to go into the details of the contract. He prefaced his remarks by stating that ho should confine himselt to the con- sidoration of the Rock Island contract with such reference to the Milwaukeoe contract as o any points of difforence which may exist ~Yotween the two contracts. Tho learned counsel had confined thomselves to vitupera- tion and abuse of men for the performance of their duty and haa had little to say about the terrs of the contract. Ho stated that the Rock Island was organ- gzed under thelaws of the state of Tllinois and Jows and was a domestic corporation in the stato of Nebraska. Tho company ad filed no articles of incorporation ns re- uired by tho laws of tho state, stating the termini and counties through which it pro posed to run _its lines, Therefore, the cor pany was not legaily constituted in th tate. Heo argued at length on this point, quoting rom tho contract to show that the Rock sland intended to extend its lines from Council Bluffs via Lincoln to Beatrico, and olding that if such intention had boen arried out the Rock island would glvu been disabled, under tho ruling of the s to tate supreme court, from ontering into con- ract with any parallel or competing line. The spedker then took up the contract and callea tho attention of the court to the fact that forty times in the contract it was re- forred to 0 a loase. There was every esson- tial quality of a leaso in the document. #'Under the contract,” said he, “the lesseo uay do anything, without restriction, which By lessee of property may do, and it may do everything of substanco that the lessor ay’do. “Let us soe if it charactorizoes this docu- ent to call it & trackage arrangem “If vour honors do not adjudicate this con tract as it stands you cannot adjucate 1t at all. It lets the Rock Islana 1nto the full use of the muin and passing tracks which are now o may heraator bo.located betwoen Owaia d South Omaha, ¥ “If 1t shall be nocessary during the torm of tho contract to increaso the number of tracks botween those points t becomo joint ossees with the Union Pacific ‘The contract doos not define where Jhe counections with our tracks pro to be made. Is any decren of the court to fix tho place whero these gouncctions aro to be made! The contract does not 8o provide." ) After speaking on this point in an off-hand |style for several minutes Judge Dillon turned /%0 the portion of the contract referring to the oint use of the Omaha and Republican Val- oy tracks between Beatrice and Lincolu. Ho old that these two companies, the Rock sland ana Republican Vailey compauies, Wero parallel and compoting lines and uld " not, under the constitution of he stite, ‘80 use this line, Ho read rom the state supremo court records, in the ‘case of the qUO WArFanto procoedings brought by tho secretary of state at the time of tho | Jeasiug of the 1. and M. road by the Burling- %o in support of this proposition. " Taking up that part of the contract where- by tho Union Pacifie was given the right to uso the tracks of the Rock Island between Bouth Omaha and Lincoln, Judge Dillon ‘declarod that there was nothing fn the statutes of tho state which gave the Rook Island the right to leaso this road to the Union Pacific and there was no power iu the state courts or legislature to give the nion Panifio the right to 5o lease that line, At this polat tho rogular nooa recess w as n court convened at 2 o'clock Judge Fhurston outlined the articles of ncorpora- tion filed in_the offico of the sacrotary of | stato by the Milwaukeo and tho Rock Island, togother with a certificate of the Rock Island | accepting the provisions of an act of the leg- | fslature providing that companies organized under the laws of another state become a do- mestic corporation and subject to the laws of the state the same a.4ff company organized in Nobrasks. Under the act of 1870 these foreign corpor- ations were required to filo_arti poration with the secrotary of act of 1889 made them corporatior state by accepting its provisions. The Mil- waukes nover accepted this last act, but the Rock Isiand dia, Ho held _that these roads had never done anything which gave them the right to operate a line and collect tolls, During the progress of Mr, Thurston's re- marks Jnstice Brower asked a number of hypothotical quostions which seemed to in- dicate that Lie did not agroe with tho speaker in bis statoments that a rond situated as he had deseribed the Rock Island was not en- titled to do busine Judge Dillon then resumed his argument Hlo mado the general proposition that the Union Pacific ~ railway company had no power to make the alieged loase or contract of May 1, 180, hence that contract was void and cannot be specifically enforced, He held that the document was designated as a lease throughout its entire length, and repeated the argumont of the morning referring to th privileges granted the Rock Island under the terms of the cont: holding that the Union Pacific could not’ move its own trains without the consent of the other roads. By the terms of the contract any lesseo may terminate the contract upon three ) and the speaker presented a hypo- thetical case in which the M aukee lnl;,h' terminate its contract and then mako an ar- angement with the Rock Island whereby the latter should haul the trains of tho Mil- waukee and thus deprive the Union Pacifio of one-half the rental calied for by both contracts. he speaker held that under the terms of the contract these two roads had it in_ thoir power to make any rates they might soo fit in the territory of the Union Pacific and that road had no remedy. The judge then reverted to his proposition that the Union Pacific had no power to make the contract in question. He held that a railroad corporation must itself carry on its corporate business and exerciso its franchis d it cannot, without express chart nuthority, delegato any of its business or duties to any other corporation or person. In support of this proposition he quoted copiously from the opinions of Justice Miller in similar,_cases, Justice Brewer interrupted the speaker to ask several questions about the right of tho Rock Island under the contract to charge toll acr: idgo than wus charged 5 questions were swered in an indirect way by Judge Dil- lon, it being evident that the justice did not entirely agree with the speaker in his propo- sitions. Judge Dillon then took up the charter of tho Union Pacific and went through it, reading the headings of the various sections and com- menting upon them as he went along. Ha held that the two roads under the contract could practically absorb the entiro capacity of tho tracks covered by the contract and thoreby freeze the Union Pacific out entirely. Justice Brewer interrupted again to ask if these contracts were not secondary to the de- ds of the government on the road. To Judge Dillon replied that this was not se under the col cts. o Withrow interrupted to say that the ts were made subject to tho claim of ernment_on the road, and Justico Brewer intimated that such was his undor- standing. Judge Dillon then took up the question of specific performance and argued that it would bo impracticable if not impossible for the court 10 enforce toe performance because tho acts o be performed under it were compli- cated and numerous and would require con- tinued supervision by the court for U)) years in order to render a decreo effective. Without arguing this point the speaker proceeded to the consideration of the contract s0 far as it concerned the Omaha & Repub- lican Valley railway company, stating that it was_without consideration 'so far as that company was concerued, and was theroforo in- valid and unenforceabls ns against that com- pany; and, inasmuch as the provisions of the contract were mutual and interdependent and the covenants aad considerations of tho other parties to the con- tract were ot soparablo from the covenants of the Omaha & Republican Val- ley company, the contract must stand or fall as an entirety, and falling as it must_with respect to the Omaha & Republican Valle; company, it must fall also with respect to all otner partics. The specific performanca of the contract, therefore, could not be enforced as against the Union Pacific company. Without arguing these points the’ speaker proceeded to tho proposition that even if tho allezed contract would otherwise have boen valid it was invalid because it was nover au- thorized by the board of directors of the Union Pacific. Ho stated that no notice hud been given to the directors or stoekholders that theso cortracts were to come beforo the annual meoting of the stockhold- ers and the government directors had no notico of the consideration of these contracts or of their existence. He contended that the action of the stockholders was not & substi- tuto for the action of the board of directors and that the latter body was the one which should have passed upon the contracts. Judge Dillon closed by stating that the his- tory of this case was a curious one and he was sorry ho had not the time to outlino the history of the whole matter. A, L. Willinms, general attorney for Knnsas for the Union Pacific, followed Judge Dillon. He started ont with the gencral proposition that the coutract was ultra vires for the rea- son that it was beyond the power of the com- pany to make, Tu a humorously drawn allegory Mr. Will- iams aescribed tho case at bar us o clear caso of “dog eat dog,” and thought that appeals fo the sympatby of the court, as had boen made by the other side, was' time wastod. The question was whother the coutract was within the power of the company to make. Mr. Willams reviewed the history of the organization of the Union Pacific and held that the board of directors were vested with full power to conduct the business of tho company, but was not_given the power to dologutolts powers and_ fuuctions to any committee, The charter provided that there should bo five government directors, and, while the other directors might delegato thelr powers to a committee, they could not dispense with the power of these five govern- ment directors. In speaking of these govornment_directors Mr. Williams referred very sarcastically to “the astute Mr. Plummer,” the only govern- ment director who was 'a member of tho excoutive committeo. He stated that Mr. Withrow went down toNew York to havo fun with Mr. Plummer and the proceeding was very hilarious. There was nothing to show that Mr. Plummer had beon notified that tho contracts under consideration were to be acted on, Tt was Mr. Williams’ opinion that no matter in which the government had any interest should bo transacted without tho prosence of governinent directors. Justico Brewer asked why tho diroctors of the Unioi Pacific, the samo as those of any other company, could not appoiut a number less than tho whole to transact tho business of the directors. Mr. Williams replied that this could be done, but that the number must include all five of the government directors, Ho then took up the question of whethor or not the contract was ultra vires and whether the court should enforco it. He beld that the contract was essentially a lease, and lot tho Rock [siand into a full ‘and completo uso of the proverty of the Union Pacific. At this point court was adjourned until this morning. FELL e TWENTY-FOUR FE Little Episode in the Life of Young Frank Neale. Frank Neale, a seventeon-year-old boy working for Peycke Brothers, fell down the elevator shaft yesterday afterpoon aud dislo- catod his right elbow. Neale was empioyed in the shipping room of the caudy factory and was rolling a truck onto the elovator at the second story. Tho elovator probably wasn't there, though 00 oue seems to know anvthing about it, and both boy and truck fell to the busement, a distance of about twenty-four feot, Screams attracted the attention of other omployes and tho lad was carried up stairs and Drs. Hoffman and Blythe summoned An examination proved the olbow broken and Quito a number of bruises. It was impossi- ble to ascertain whether Neale had been in- ternally injured or not. The patrol wagon couveyed the boy to his home, 2604 Corby street. - DT Gosaler's Maglo Headache Wafers, Cures all beadichies in 90 minutes. At all druggis OMAHA DAILY FAIREST OF SECRET ORDERS. Sisterhood of the P, E. 0. and Its State Convention at Superior, ENTERTAINING EXERCISES ~ THURSDAY. Papers and Who Read Them--York Gets the Next Conventl Closed Last Nignt— Just Notes. renion, Neb,, Juno 12,—[Special to Tie B, —The grand chapter of the P.E. O. society of Nebraska opened its second d session at § o'clock yesterday morning, Mrs. Alice Carey Briggs,state prosident, presiaing. Tho attendance of dolegates was latgely aug- mented. After devotional exercises tho ques- tion box was opened and the chapter indulged in a lively discussion of the various ques- tions propounded. Miss Edna A. Gering of Plattsmouth read a paper on “Tho Uso and Abuse of the Black Ball.” She oxhibited considerablo skill and ability in handling this question, and her de- ductions could bo wisely and safely followed by all our societies who have oceasion to use the ballot. Numerous requests wero mado for the publication of her paper, but this so- clety appears to bo very jealous 1n keeping its documents and thoughts for the sole and ex- clusive use of the sisterhood, and hence the could not be complied with for the tion and curiosity of man. Genoral discussion of business of the order then followed, and at 11 o'clock memorial ex- crcises took place. These exercises were conducted with a great deal of profound sorrow and genuine sympatny aad for tho time being the room had the appearance of a lodge of sorrow. During the past year tho society has lost three of its members who had been among the most prominent and efficient workers, aud the tributes paid them today evidenced the fact that whilo they were among the departed their memory was ored, their acts of lifo appreciated and womanhood survived by reason of the daily manifestations of their work being visible. A eulogy on tho life and charactor of Mrs. William N. Hunter, late of Superior, was rendoroa by Miss Dora Speor of Superior. Miss Josio Durland of Norfolk deliverad the culogy on Mrs. Mary B. Richards of Nor- folk, Miss Winnifred Perguson of York deliv- ered the eulogy on Mrs. Carrie Gaudy Bauni of York. Rev. C. M. Shepherd conducted the devotional exercises. The singing was exceedingly appropriate and selected with espocial reforence to the occasion, ['ho memorial service of th! ociety isout of the general run and is grand and sublime, it having more of the loving, tendor and sympa- thetic feature connected with it than is found in_our malo societies, Suporior lodgo pre- pared a white chair which was draped in crape with a wreath of roses surmounting it in memory of Mrs. Hunter. At couclu- sion of tho services the morning session closed. In the afternoon session_the question box was passed. Miss Kato Meek of Superior read a paper, *Is the Present Tendency of Our Society Towards a Truer Womanhood which met with high appreciation and ev denced groat research and clear reasoning. Business pertaining to the socioty then inter- vened, after which camo the selection of the place for holding the next convention. Con- siderable rivalry existed for the location. Plattsmouth preseuted its claims as well as Holdrege, but_after spirited ballots York finally captured the convention. Each city had stroug friends who fought as tenaciously as old politicions would to socure the location of a state capital. But throughout the con- test o bad blood was shown in auy respect. Miss Ella Andgus of Wahoo then gave a recitation which elicited generous applause. The president appointed a committce on formuln for written instructions to delegates. The committeo roported and the convention then adjourned for supper. The evening session was principally. de- voted to general business of the society. Mrs. Minnie Durland_of Norfold read a paper on “Qur Standard for 1892. Miss Jean Todd’s (of Superior) _recitation wuas very taking. Mrs, Willian Loudan of Omaha read a paper entitled “Why am Ia P. 5. 0. This paper pertained eutirely to tho society, and her rea- sonings evidently were very cogent to tae la- Qios, especially il the applause which she so frequently received is a fair criterion to judgo from. After music the convention ad- journed its session for the evening. The home lodgo 13 making it very interest- ing for the convention. Superlor loage, Chapter D, has a membership of forty-eight, and cach of these ladies appears to bo a com- mittee ou reception and entertainment, The convention is developing literacy talent of no mean order. It closed this oven- ing with a banquet. JUST NOTES. Mrs. Winnie Durland of Norfolk appeared t0 be the best parliamentarian_and was a ready and pleasunt caiker. Her sister-in- law, Miss Josie Durlaid, appeared to be of the'same caliber. They were about the best talkers in the convention. Mrs. Lulu B. Patrick of Holdrege, the cor- responding secretary, was one of the most enthusiastic worker Miss Estelle Ryan of Hastings was warmly congratulated_on the paper sho read to the convention. Miss Ryan is a very bright and intellizont young lady who is making a host of friends. This convention demonstrated that tho order has somo very sweet and talentea sing- ers. Miss Libbie Jones of Hastings has a charming voice and captured the peoplo at the open meeting held on Wednesday even- ing by her singing. Mrs. Mary Houseworth of Plaitsmouth, who is the corresponding secrotary of the na: tional grand chapter, read a paper pertaining to the order entitled, “Who Can Tell,” which is highly commended as a great liverary pro- duction. Mrs. Alice C. Briggs was one of the most indefatigable workers, and as state president sho presided at the convention with ease and diguity, and mado a host of friends, Mos. K. J. Fadden, the vice president of tho local society, was a host in herself in seeing to the comfort of the guests. Miss Etta Andrus of Wahoo was another noted elocutionist in_attendance; her reci- tavions always merit high commendation. Mrs. William B. McIntyre of Hastings at- tended the convention, Miss May Randall of Fairfield and Miss Eunico Ryan of Alliance closely scrutinized the work of the conyention, Mrs. Adele Ballard of Holdroge was another of tho singers whose songs woro re- ceived with great applauso, 20 has & fino voice which attracts attention atall times, and she is largely in demand for her musical talent. Mrs. Dr. Bradshaw, Mrs. W. Missos Dora Speer, Kuto Volbehr as a recoption g00d success. Miss Dora Baumbaok of Nelson s partiou- larly noted for” hor tiue playing of the man- olin. Miss Jean Todd is a remarkably fine elocu- tionist. Mrs. C. McNaughton is in charge of tue literary bureau. Iu addition to her dutivs sho takes great intorest in the deliberations of the convention aud is a fivst class all around worker, whose services caunot bo aispensed with, sl Military Mattors. Lieutenant Bufington of the Seventh in- fantry and Lioutenant Rudizof the Fifteenth infantry are in the city for the purposo of taking the examination before the board for promotion Privato Frank C. Schaffer of company E, Sixteenth infantry will bo discharged at his own request on June 18, s, Lol R DEATHS. Notices of flvs Lines or fes« wniler this centa; each additional lin ten cents, GELLENR ter of Mr 11, 1801 A. Moyors, Meok and Mamio committee were a une 1% ut 3 611 N. 17th HOWE-Rohert P wonths, son of Mr. Howe, died at § o'elock lust eventug, The body was shipped this 'l‘“"““‘b to Honey Creek, la., for inter- wen aged and ye BE 3 ¢ s\umnfi\ g JUNE 13, I891-TWELVE PAGES, ECONTINENT AT FREELAND, LOOMIS & CO., PROPRIETORS. GEEAND OLOUSING Sl Ok 3000 PAIRS OF OUR FINEST SPRING and at a most startling reduction in prices from early figures this season, A NOVEL AND ATTRACTIVE SCHEME, See what it is! Read the details and methods by which we assure BONA FIDE REDUCTION IN PRICES. summer fancy worsted pantaloons every purchaser of a No talk, no words, no imagination connected with it, but actual discount made from former prices and gaid to every purchaser in SILVER COIN. Commencing Tuesday, June 9th, weoffer as stated above, 3000 pairs of our finest and most fashionable styles of fancy worsted spring and summer pantaloons, of which we have a large sur- plus received too late from our manufactory, at a most bewildering reduction on every pair, amounting in some instances to 40 per cent discount. In order that there be no question in regard to the actual discount made each purchaser, the original prices marked on each pair of pantaloons will remain the same as they have been all the season, and the actual reduction made will be given lo the purchaser in Silver Comn. You can handle it and estimate the déscount you are getting without any talk from the salesman. On this entire stock of 3000 pantaloons, on all that are marked $4.50 and over the discount in silver will be found attached to each pair of pantaloons, and after payment of the same the purchaser will be in possession of an amount of silver coin that will show him the most amazing and satisfactory discount which he has ever received. Lot 1. 500 pairs of Fine Striped Worsted Pantaloons, correct styles, most desirable color- ings in every respect, at $4.50 per pair, accompanied by the discount, which willbe gaud 2 sitver, on every pair. Lot We offer 800 pairs of our popular $5 line of I¥ “ine Plaid, Striped and Mixed Pan- taloons---goods made by some of the most celebrated American mills---all new, fresh, desirable styles, and with each pair purchasedthe discount in Sitver Coin will be obtained by the purchaser. Lot 3. placed on the market, at $6 a pair. purchaser from this lot. Lot 4. ‘We offer 500 pairs of the very finest quality Fancy Worsted and Silk Mi We offer 1,000 pairs super quality Fancy Cassimere and Fancy Worsted Panta- loons mantufactured in our own machine rooms in the most perfect manner, A large cash discount in sifver will be latest styles by ecach the received ed Striped Cassimere Pantaloons made in America, all tailor made, and embracing all the choicest novel- ties of both domestic and foreign makes that are so popular this season. at $7 per pair, with tke large caslh discount payable in stlver con whick accompanies eacl sale. As it is our purpose to distribute these bargain pantaloons as widely as possibly, and as he novelty of paying the cash discount in cash in szfver coin is original, and we wish to make it as widely known as possible, we reserve the right to deliver buz one pair of pantaloons to each purchaser at the time of purchase. Continental Clothing We offer them now House, CORNER DOUGLAS AND 15TH STREETS, Largest Wholesale and RetailClothing House West of the Mississippi Rlver. SOUTH OMAHA, Inquest on'C. Gee Wo. Coroner Harrigan empanelled a_jury to as- cortain the cause of the death of John Flook, who committed suicide Thursday evening at his home, 2820 N street. The evidenco of the manner, time and placo of the suicide was 3uch as Tias boen haretofore published in Tux EE. Dr. C. Geo Wo of Omaha was brought in on a subpeena and during a long and rigid oxamination gave an account of his profe: sional relations with the deceased. Ho doctored Flook and used only herbs and roots, He did not inform his patient how loug it would require to cure him. Flook ex- pressed satisfaction with tho treatment be- cause ho felt botter. Dr., James A. A. Kelly doscribed the course of the bullot from the mouth to its lodgment in the brain. The jury returned a verdict that Flook diod_by his own hand, and asking that C. Gee Wo be investigated. Shrewd Horse Detective, Some days ngo a party residing on the west side lost a team of borses. A liberal roward brought a man to the houso who thought he knew whero the lost horses were, fifteen miles in tho country. Returning in a few hours with the animals he demanded and received $20 reward from the man's wifo and gave bis name as G. W. Thompson of Albright, On thinking over tho matter it was con- cluded that the animals could not have been fifteen miles away and returned within the time it was done and crookedness was at once suspected, On looking up Mr. Thompson, one of the best citizens of Albright, tho fraud pervetrated was discovered. St. Agnes' Schools. St. Agnes’ parochial schools will close next week with tho regular’ examinations and an xehibition of school Work. Father Stephen Carroll of St. Ceceli's church, Omaha, and Father D, W. Moriarty. of St. Agnes, this city, will conduct the examinations. ‘he school exhibit will bo made in St. Agnes' hall, Twenty-third and Q streets, and will be open all week. The public is cor- dially invited. Jontest. A score of men have ‘ade application for appointment on the firg"'department. To in- sure good men and to 'hé, perfectly 1mpartial a contest will be beld at2 o'clock this after- noon. This afternoon;ladders will be put up on Patrick Rowley's building and the threo men waking tho best ragords will be awarded with the appointmenty -&his is an oxcellent plan, Picnic of the Kipj's Daughters. As delightful a picnic as was ever given friends was that given Thursday in Syndi- cate park by the King's Daughters, Some two score of couplos were present. The lunch served was us well propared as it was nicoly served and was a typical King's Duughters spread and plenic. New Run of Stook. Paul Phillips of Douglas county, Kansas shipped in & lot of spayed heifers via the Kansas City, the first shipment made to these yards, and were comsigned to the American llve stock commission company. They sold for # Other shipments will follow. Notes About the City. Mrs, John Anderson has returned to Chi- cago. T, B, Cloment came in from Kenton, O., buy feoders. Joseph C. anank to Christie, after a weelk’s vacation xter, Ia., has returned and uas commenced work on the Third ward school census. Mesdames Hough ana Bigelow have gone to San Jacinto, Colo. Sherift Frank Harriman county was a visitor in the ci W. E. Skinner of the traveling force of the stock yards has returned from Chicago. Mrs. Gibson, wife of C. D. Gibson, has gone to Tekamah to spend & woek with relatives, f Washington —_— PERSONAL PARAGRPHS. H. 8. Reed ot Lincoln is at the Millard, M. C. Keith of North Platte is at tho Pax- ton. Milton Doolittle of Atkinson is at the Pax- ton. G. H. Miller of Grand Island is at the Mur- ray. 1o Valt M. Seoloy of Bonuett is at tho M- ard. 7M. Gritith £ Wahoois a guest at tho Millard. M. B. Murphy of Plattsmouth is a guest at the Murray W. N. Richardson of Red Cloud is a guest at the Paxton. Charles Rosewater raturned vesterday from Cornell university, Ithica, N. Y., and will spend his summer 'vacation at home, Dr. Ramacciottd, city vetorinarian, left for New York city yesterday afternoon, having been suddenly called away by the announce- meut that his father was on his death bed. Prof. McFarland, for threo years professor of natural scionces in Bellevue college. will soon remove to Harriman, Tenn , to take the position of superintendent of city sohools. Tarriman 15 an iron manufacturing town in the Cumberland mountains with a population lavgoly novthern and Prof. McFarland is given full suthority to organize the schools on the basis of tho best models in both liter- ary aud industrial departments, Mr. James L. Allworth, who has been making semi-annual commercial visits to Omaba for many years, comes this time with his beautiful young bride, haviug been mar- ried o fow weeks siaco to Miss Miunio Spahr of Mount Pleasant, 1a. Mr. and Mrs, Ail- Worth ave stopping at the Mitlard, and Mr, Ailworth 15 receiviog the hearty congratula- tions of lus friends in this city, of whom he has many. The bridal tour wili bo a very extensivo one and _will include points of in- terest ou the Pacitic coast. DELICIOUS Flavoring Extracts NATURAL FRUIT FLAVORS. Vanilla - Lemon - Orange - Almond - Rose etc;) Flavor as delicately and deliclously as the fresh frults Of perfect purity. Of great strength, Economy In their use ;i()l.l] )lED}LiAIHB, 1818, CERMAN Sweet Chocolate, The most pop- ular sweet Chocolate in the market. It is nutritious and palatable; a particular favorite with children,and a mostexcellent article for fam- ily use. Served as a drink or eaten as Confectionery, it is a delicious Chocolate. The genuine is stamped upon the wrapper, 8. German, Dorchester, Mass. Sold by Grocers everywhere. ALL DRUGGISTS SELL 17T, Phenoline cures Colds in the in a vary short Lime; Hay Pever from thres to five instantly, "L TIES SISI9HNNA TIV Madicine Omak; Chlohesiors Knglish Dinmond Hrand. ENNYROYA PILLS ol Cu., Madlaon Naun Viilada\ Fa For gunburn use Pond’s Extract. ‘o . 4 wid or Qi eater conta ONDONDERRY ITHIA! ing enough Lthi- to make it worthy the nume. N fails to please the most fas- idious. Doctors evervionere recommend it. [ ) thousand of them drink it, owr word for it. of wour physician gives beat results . only al sparkling Lithia ¥ ater, arefully our book of cures, ver- ified by phusicians, mailed free, Yeou can obtain rondonderry wtill or Paxton & G 36 KILBY ST. sparkling whe, » wwater in sold, laghor, Distributing Azents for Omaha. CHARLES B. PERKINS & CD., BOSTON, MASS. SELLING AGENTS, ~ TURKISH TEA is what you need, all troubles. for it cures kidney and nerve 25¢ package. Remember that liver, HAHN'S GOLDEN DYSPEPSIA CURE is warranted to cure dyspepsia, sickhea lu m adache, billiousne mp like feeling in the stomach, or oney refunded. Price ble, of your druggist or by mail on receipt of price. Dn CO, raska. o stuinp TURKISH REMEDY Omuha, f\ & Dyspepsia Ciire 111 HER% FRIEND“ ASY 'EASPR 70 LIFE DIMINISHES NGER Op s warners ) e OT |‘LER nu‘v'u'r’?'ifx'fi'tsuwrua L ATIA l*p Reval T FELIX GOURAUD'® OMEAM, OR MAGIOAL uI RemoveaTan, P Tow, Moth 1 Viww!' 1, UOPKINS vow'e 4 Urvat