Omaha Daily Bee Newspaper, October 19, 1891, Page 8

THE EICHT-HOUR LAW VALID. Judges Wakeley, Doano and Davis Pass Upon its Constitationality. CONSIDERED THE MEASURE AT LENGTH. Held that the Law Ap; abors ern by the Week ¢ acts Can Mude, M be Augast when the eight-hour law that ssed by the last legislature went _into Low, an employe of the npany, brought suit o test The caso was argued Doane and Davis, that' whatever was 1 effect, Chrrles G Rees Printing ¢ its constitutionality before Judges \Wakeloy. with the understandiv might be the decision an appeal would at once be taken to the supreme court. Saturday Judge Wakeley handed down the following opinion, in which both of the other judges concurred The petition sots forth three alleged causes of action. To cach one and to the petition as a whole demurrers were filed and upon tnese demurrers the case is before us. One ground of demur thatone to which the argument and the citation of authorities on both sides were largely devoted, is do- pendent upon the proper construction of the act, which should be first considored. Tno others may be disposed of at the outset. The chiof of these is that the act is special or class legislation and protibited by the con- stitution. Thu act fixes or defines the num- r of lours which shall constituto a day's worlk for all clusses of mechanics, servants and laborers except those engaged In farm or domestic labor. If tho act mado s distinction a8 to the class of employers or employes as such, for instance, that it should apply to corporations ana not to individuals; to white, but not tecolored men; to American born, but not to forcign born citizous, or a dis- tinction of scme similar character had been made, there would be much forco in the argument against the constitutionality and it might prevail. But the distinetion is made in respect to the pur suit and the kind of labor performed. Tae act applies aliie to all classes and persons engaged in those pursuits or performine the kind of labor which is expected. The judg- ment of the legisiature was that farm labor and domestic lubor and tho pursuits in which such labor is performed aro of a chavactor which render it unnecess: to prescribe the hours, Wo do not think this brings tho caso within the rule applymg to special, or cluss legislation. 1t1s true that farm lahorers may aud often do perform work of the samo ki as that done by mechanics, or labor other than agricultural. But this Is incideutal and occasional, The law has regard to the general nature of farm and domesticlabor ou tho one side and mecnan d othier kinds of labor upon th another constitutional objection wo answer that the act is comploto o aself, ¢ the wholn sub- ject of hours” of labor so far as the legislaturo intended to makoe any provision, and repealing by implication thé ouly previous act upon the suvject. It is not, therefore, an ameudatory law, and does not cowo witkin the decisions cited on that subject. Its title, *“To Regulato the tours of Labor, " ete., sccms to us an appropriate one and broad enough to cover all of the objects of tho act, as we interpret it. I, however, any purticular provision should be held not 10 bo within the scope of the title, that pro- vision should be disvegarded and the act in other respects uptield. In_ determining the broper construction of the act, and whether its provisious are un. constitutional, certain established rules must be recognized. The object und spirit of the act musi be ascortained. It must be held to be constitutional unless its terms violate or contradict somo cxpress provision of the con- stitution or some principle of fundamental right implicitly guaranteed or protected by it, or which exists above and indepond- ent of either law or constitution. If the language or terms of an act aro ambiguous; il the meaning and intent is clear;'if 1tis suscoptible of two constructions, upon one of which it can be upheld as valid and constitutional, but upon the other 1t must be pronounced void by ason of conflict with the constitution, or with natural right, and in such case it is the duty of the court to give it the construction which will uphiola it rather than that whict would annul it. Upon these ruies all courts and jurists agree. ‘Tho act had its origin in the movement and agitation of recent and prosent times in favor of fewer hours of labor and a shorter working day for laborinz meu. Tois general object and purpose fow, if any, considerate and far minded men op- pose; and certainly the judicial mind should seo in it nothing to disapprove. All eco- nomic and governmental measures which tend o relievo labor from undue exactions, to increase its remunerations or its purchas’ ing power, to multiply the comforts and tho luxuries which a given amount of labor will procure, or to lessen tho burdens of taxation imposed upon it—all such measures deserve approbation and encouragement. Tho ouly vestrawts which courts should or can impose upon them aro those, if any, which may be necessary to protect the ' legal or natural rights of thoso affected by them. ‘The arguments at the barand the elaborate and oxhaustive briefs upon tho scope and validity of the act take o wide range and dis- play much thought and research. The numer- ous authorities cited have had due attention and consideration, but we do not deor it ex- pedient for the purpose of the pecsont. dects lon 1o review or discuss thom. This will be more appropriate in the reviewiug tribusal, 10 which we assume the final judgment of the court will bo submitted. ~ We content our- selves with stating as briefly and suceinctly racticable our couclusions upon such questions, and only such as we deem to be involved in the catiso npon the legal 1ssues prosented by the demurrers. We addressed ourselves fist to the proper coustruction of this act, which contains four scctions, Section 1 is plain, divect and unambiguous. It declares that eight hours shall con- stitute u legal day's work for wll classes of mechanics, servants and lavorers except thoso engaged in farm or domestic labor. ‘That tho legislature may define what shall be understood and meant by the torm “day's work,” when used in u stafute or a contract, written or verval, no one denies. Chapter 4 of the compiled statutes is devoted to weights and measures, stating in detail how wany pounds shall constitute a ton, or bushiel in the case of o large number of arti cles named, aud proscribing penalties for false weights and measuves, The definition of a day's work is precisely the same kind of legislation, and it cannot be doubted that when A agrees to perform a day’s work for Band bas worked eight hours in one day that hio has parformed his conteact. % For the sake of clearness we pass over ut this point the question of whether or not the sawe rule applies in the case of an em ployment by the weelk, or by the month, and will review it iu itspropor order, Section 2 gives us no aid in its coustruction merely says that open violation evasion of the provisions of the act shall constitute malfeasance in ofico 1 the cases prescribed and work the suspon slon or remeval of the officer designated. Section three is influential and very im- ronml in the interpretat Df the law, pou this two of plaintif’s al d causes of action depend, uud upon it largely the quest fon of immeasurable importance to laboring d to the business world, whether or men i BOL 1 1ho state th or right of private coutract tull age nnd sound mind to cmonts in regard to labor as mutual (nterests of the parties way re nd may prompt them to make.y age |5 this: “Any employor or cor- rking their employes over the o specified in this act shall pay as extra compausation douple the amount per hour as poid for the pr ur, Tis plalntiff by bis lea make such ng od counsel insists tion covers every caso actually works for in auy oue xaction or re splayer, or voluntarily in otract freely and ntel by the partes. In sad second ceuse of otiff allegos & contract to ofondant's company for ton AY AL 30 couts per hour, and al e wia paid the full contract price " - hat, sotwithstandiog, he is #wiviiad L ine extes compensation prescribod ¥y #atya for the uiuilh sud tenth hours, hours ogal iow | Counsel for the defendant also adopts, or at t acquiesces in this construotion of the Jaw. and upon that interpretation of it, found A strong argument against its coustitution- Ality on the general ground of its attémpt to abrogate the right of private contract secured by the constitution, and a fandamental right of the citizens of a freo government, To this proposition very much of the argument on both sides was directed and many cases wora cited. Wo have been greatly instructed by the arguments and by the authorities cited, but upon mature deliberation and upon the bost reasoning which we can apply to the question, wo canuot sanction the construc tion put upon the act by the counsel. Some of our reasons for this conclusion will bo stated 1. I it had been intended to probibit a laborer from working, or making @ valid con- tract to work more than eight hours in one day for the same man, or corporation, it would have been very easy to have said so in clear and direct terms. But no language is found from tho beginning to the end of the act which prohibits or in any way to dis- courage from making a contract 1 work many hours as ke may choose, either far the sume employer or for more than one. This is virtualiy, if not exprossly, con- ceded by plaintiff's counsel, as we under- stand his argument. But his case and his Argumont without disguise upon the theory that if & contract be maae for mora than eight hours' lavor in ono day, atso much per hour; and if the employer shail pay tho full contract price, as in his case the de- fondant did, yet the employe may recover an additional extra componsation by virtue of section It needs no ument to show that if the law imeans this employers will not, as a businoss transaction, muke con- tracts for more than eight hours labor per day, and, practically, the result will bo the same as if the laborer was directly prohibited from making a contract to work more than eighthours in a day for one employer. %, The controlling words in section 3 are “working their employes over the time specified in this act.” Not working them more than eight hours in one day, but “ov the timo snacified in this act.” time! The only sections which in any way PUrport to specify the time, are the first ani fourth. 'The first says that eight hours shall constitute a logal dag’s work, ete. S0 far us this section specifies time section 3 may well and reasonably be coustrued as applying ony to acase where an employo is *worked” more than eight hours under a contract for & day’s work. As to the time spocitied in sec- tion 4, thera 18 no room for doubt or for con- struction. This is the laoguage, omitting a v words not material to the meaning “Any persons or parties, or any such cor- poration, or private emplover, who shall fuil to comply with, or secretly evade, the provi- sions theéreof, by exacting or roquiring moro hours of labor for the compensation agreed to bo paid per day, than is berein provided for, shall bo guilty of a misdemeanor.” Nothing can be plainer than that this sec- tion refers only to a case where there has been an agreement to pay o certain compen- sation per day; and the employer exacts or requires more than cight hours’ labor under the ugreement. The provisions of the act are violated or evaded only when tho compensation “‘per day? lis been agroed apon, und more than eight hours exacted, There is no suggestion that the act, or any provision of the act is violated or ovaded whea the employe voluntarily works more than eight hours in a day and receives the compensation agreed upon for the whole number of hours. Considering tho as a whole, our bost, judgment is that the right to “extra compen- sation,” given by section 4, us well as the penalty denounced by section 4, is limited to & case of eyading or violating an agreement for a day’s labor. The language of section 3 is: “Any employer or_corporation working teir em- ployes over the time_ specified in this act,” ete. ‘Lhe word “working” is used 1n an ac- tive sense. It clearly implies that tho em- ployer requires or compels his employe to work over the time meant by the section. 1f wo suy that a man works his apprentice too many hours, or works his ani- mals too hard we mean that he requires or compels tho work to be donie. The languago used is inapplicable to the caso of work voluntarily performod by the laborer beyoud the eight hours for the sake of the extra wages agreed upon, 4. ‘Phe plaintifl’s coustruction of the act is that the emplover must pay extra compensation if he merely suffers an employo to work more thun eight hours innday.” If this ve so, supposo that A, without any contract as to time or wages, shouid work for B, with his knowledge and implied consent, nine hours or ten hours in ono day. Can he recover the statutory “oxtra compensation” for the ninoard ten hours, in addition to the reasouabie value of all bis work{ 1f A works for B by the job— for instance in cutting a tield of wheat, in sawiug a pile of wood, in excavating a ceilar or in stting 100,000 ems of type, and R per- mits him 1o work more than’ eicht hours i ouc day, is ho liabe for “extra compens tion under tho law? If the contract is for eight hours, or a day, and the emplove 1s paid off at the end of that time and tuen ro- hired for two hours more and paid the agreed price, is, therefore, the law violated! Ivdoes not seem to us reasonable that the legisla- ture wtended this, Looking for aid beyord the letter of the statute, and to its spirit and purpose, the re- sult is the same. The act was framed, pre- sumavly in the interest of laboring mon. It has passed into an axiom that “labor is tho source of all wealth.” It is the basis and ground-work of ull progress and civilization. Hut the feature of it with wiaich we are hero concerned is this: With a large portion of our citizens theirlabor is their only propoerty. The ability or fuculty of labor is their only wealth, To deny thom, by law, the rigat to work as many hours, and éarn as large wages as {u thew judgment they are able and will- ing to do, would be, in many casos, 1o de- prive them of the right to earn enough for *he comfort or uecessities of themselves or their famlies. No logislature has over at- temptod directly to do this. Shall wo say that hy this luw the Nebraska legislature has attempted indirectly to imit the opportuni- ties of labor to earn allit can earn, and im- posed penaities upou the employer who may hire a laborer to work more thun eight hours me day ! Who can doubt that the law so would, as a rule, prevent the labover from being employed! Such an - tent should not bo imputed to the legislature by inference or doubtful covstruction. 6. It is within common knowledge witnin the knowledge of business mon than of judges —that many manufacturing and in- dustrial establishments, many lines of trans- portation and of other business, are and must be kept in operation more than eizht hours por day—sometimes from uecessity, sometimes for eco- nomical mavagement. Is it intended by the law that in all such cases the set of ployes who have worked eight hours must then be dischareed and others hired! Must wnother sot of employes stand ready to take their places for two or four or more hours as the necessities or exigencies of the business may demand? 1f so, what is gaiued from the change, vither by employer or employe! 1f there Do 1O PUrPose b ado the provisions of theact, aud the contract for the number of hours' labor is for the mutual interest of tho partics in their own judgment, why should the law forbid or discouraga them from making the contract or undertake to make one for then! We cannot aseribe to the legislature a design to so provide, 7. 1L was strougly pressed in argument that the observai of an eight-hour day in the dustrial world would be a great social ad- vancement; would better the condition and mote the elevation of the laboring classes, would tend to give employment toa v number of men and women, Wa need not und do not take issue with counsel upon the desirability of such an end. But tue question remains whother the leg- islature has undertak: w compel men against their will to con- Jute to this beneficent result, or whether it is to be accomplished by volun- tary uction. Every lavoring man foz himself aud all associations of laborin nen for them- selves, are freo to refrain from laboring or makiog contracts to labor wore hours than they choose, or making contracts to work otherwise thia by the day, week or month, May not the whole matter 'be safoly left to thelr own sense of duty to themselves, and of justice to uthiers, as w think this law has in the wmasin lett itt Other considerations might be ady d as tend to the conclu. slon we bave reached, which, to svoud pro lixity, we pass by Aud this conclusion veudors it necessary to determine whether the law would be unconstitutional if it at tempted to prohibit such coutracts as the parties 1n this case made. The third cause of action alleges employ wont at #i5 per month, being §2.17 per day; the performance of ten hours Iabor on each of two days: payment of $4.34 thereow, and ims as extra compensation fifty-four cents for the ninth hour and $1.08 for the teuth bour of each day. This lnvolyes the question whether vnder such an employment the eight bour provision applies, A weok or a wouth is wade up of a more HE OMAHA DAILY BEE, ™MONDAY, certain number of working days In the absence of any contract as to the number of hours’ wori to be performed in & day (however it may be if the parties fix this by agreement) 1t woild seem that the statuatory definition would govern, and that when the laborer has worked eight hours in any day he_has as to that day performed his contract. No spocial agreement on the subject being alioged in the petition, and it not appearing affirmatively berefrom that tho defendant waved his right t0 compensation for the extra two hours, he is entitied upon the genoral will of the law to a reasonable compensation therefor. Whether or not the extra compensation provided for by the statute can be recovered: whether or not it is in the nature of a penalty, and if so whether the provision is unconstitutional, Ars questions we purposely avoid expressing an opinion upon at this time, asthey are not involved in the demurers. It will bo better that they should bo determined when they arrive upon the proper allezaticn of fact in the pleadings, or upon the proofs on tril They are questions of importance in the prover construction and consideration of the act, aud should be fully argued before de cision. Our conclusions upon the whole case are as follows: first, The act in question as we construe it is valid and constitutional Second. Under n contract day's work, except in the case of farm and domestic labor, the emplove is required to work eight hotirs and no more, Third, The same rulo in rogard to the number of hours' work applies in hiring by tho week or month when there is no special agreement as to the number of hours' labor 10 be required. The effect of such an_ag ment is a question not presented in this case and not decided. Fourth. If an’ employer undor a contract exacts of an employe more work than is ro- quired by it, ha is liable for its reasonable value, but whether the éxtra compensation rescribed by the statute can be recovered is question not necessary to be decided at this stage of the case. Fifth, Tho act does not_provent or forbid parties from making a valid and binding con- tract for more than cight hours' work in a employment. b. The demurrer to the first and second causes of action must be sustained, and the domurrer to tho third causo of action over- ruted. to perform a e o Tor burns and wounds wo would recom- mend Salvation oil. Al dealers sell it ut 25 cent: 1y casos havo come under our notice where's singie bottlo of Dr. Bull's cough syrup relieved a sufiorer from a severe cough which haa been treated for months by com- petent physicians, 25 o L Sofid Trams From Vestibuled, electric lighted and steam heated, with the finest dining, sleeping and rechining chair car service in the world, via the “*Chicago & Omaha Short Lane™ of the Chicago, Milwaukee & St. Paul Railway. Double daily tr sorvice, leaving Omaha at 12:15 p. and 6:20 p, m., with no transfer at Coun- Bluffs ns heretofore. Apply 1501 rriamisteact for tickots and furtnar in: formation or address I A. NASsII, J. K. PRESTON, City Pass. Agt. i S ANNOUNCEMENTS, Following Verona Jarbeau's engagement at Boyd's taeater are somo of the stronzest at- tractions that will be scen in Omaha this sea- son. They are toyt's comedy, “A Midnight Bell;” Joseph Arthur's roalistic play, “The Still Alarm,” which has always drawn well in Omaba; Sol Smith Russell in his now play by Edward £. Kidder, called **Peaceful Val- léy;” Nat C. Goodwin'in & repertoive of new plays, none of wiich havo ever been seen nere, and William H. Crane in “Tho Sena- tor, the success that cleared him $0,000 last 3 1d uboot which all tho east is taliing, Tho end of the Crane engagement will take us up to the th of November only, and the attractions for the remainder of the season will bo particularly brilliant. One of the most pleasing auxiliaries of Boyd's new theatro is tho magnificont orchestra, which in the hands of Prof. But lor has in'a very short time gained the prom- inence of being the first_organization of in- strumentalists in the city. To lovers of music the interlude numbers played by this orchestra aro as interesting as the play itself, and no doubt is tho means of attract- ing many peonle to the theater. Tho mem- bers of the orchestra haye been very care- fully selected, nud each is a soloist upon his instrument, with the possible excoptions of the drummer and the double bass player. R. J. Dillon, who plays the partof tho clergyman in Hoyt's “A Midnight Bell,” whiclh will be prosented at Boyd's new theater next Thursday evening, made such a decided It in its first prosentation that Mr. Hoyt elaborated the part and made 1t of more importance than originally intended. cler, od” the performanco is quoted as saying, “Mr. Hoyt is entitlod to the credit of having placed upon the stace a charactor represent- ing u clorgyman that does honor to tho cloth and commands the sincero respect of every auditor.”” The engagement of “*A Midnight Bell” at Boyd's new theater is for threo nignts_and Saturday matinee, commencing Thursday ovening next. The sale of seats opeus Wednesday morning. Aroyou acruel man, or only a chump. Your liorse Las chafed his neck until it is ab- solutely cruel to make him work, or he has cut himself on a wire or a nail. Now do you know that one bottle of Haller's Barb Wire liniment will absolutely ccre every —cut, bruise or old sore! Just try it. SOUTH OMAILL, Growth of ths Cattle Market, Thero was a h run of cattlo at the yards yesterday. 'Tho estimatoa receipts tor the week are 30,000 cattie, against 000 last weel, Among the shipmeuts yesterday were soveral long trains of Montana_rangers, and the probabilitios are that the heavy run of rango cattle will crowd out the natives. Tho quulity of the rangers now coming in is get- ting better as the season advances There were 27,507 feeders sent to this mar- ket during the last month, agaust 13,355 last vear. So tar this month the shipments of feeders have been over 600 cars or 20,000 head, more than double last year's record. Theso figures demonstrate the almost pue- nomenal growtn of the local market s a distributing point for the feeder trado of tho Missouri valloy. Our cirelo of tervitory 13 widening each yoar and our market atiract- ing new buyers. Another very noticeablo thing this yoar is that the farmers are going to feed w very large per cent of their present immense corn crop, and this means a large increase- i tho supply of coru fed cattle for the winter mar- ket The farmovs haye about given up the idea of getting exorbitant prices for their corn and have taken to feediug 1t to their stock, knowing they can r iz0 more therevy. South Omaha's position as a feeder market 1s fully established, but it is nevertheless gra- tifying w note an 1ncrease of over 100 per cent in the amount of business done compared with last year, Magic City Notes, Joe Dunue, an all around tough and baa man, is in jail for decorating the physiognomy of Pote Judson, & boon companion, Saturda uight, Jonn Hue, a Polack residing in the vicinity of Indian Hill, was set upon last evening while returning home by some roughs, badly beaten and robbed of £10. “Blue Mountain Jack'' is the euphonius name of & burly Swede, who was the hero of « bar room row Saturday night, Juck will explain to Judge King this morning. - 4 A handsomo complexion is one of the great charms & wWoman can possess, Pozzoni's mplexion powder gives it. Used in Millions of Homes—4o Years the Staudard, A GRAND - ARMY) DEPARTMENT. ! Touching Scenes at the Annual Mesting of the Army ofithe Tennessee, TRIBUTE TO THE MEMORY OF SHERMAN. Grant's Old Body Guard—Death of a Libby Prison Veteran ~The Price- less Badge—An Appeal to Vermont Veterans, The annual meeting of the Soclety of the Army of the Tennessce was held in Chicago on the Sth inst. The attendance was large and the meeting 10 all respects a pleasaut and profitable reunion. W'he death of General Wiltiam Tecumseh Sherman, president of the association, naturally marred and chilled tho happiness of the occasion. General Grenvillo M. Dodge of Council Biuffs, Ia., was chosen president for the en suing year. He is the tuird president of the socioty. Tho other oficers chosen are Colonel ©. Cadlo of Cincinnati, recording secretary: Colonel Andrew Hickenlooper of Cincinnati, corresponding secretary ; General F. M. Farce of Sandusky, O., treasurer, and a large list of vico presidonts. A pleasant incident of the meeting was the presen ce of Mrs, General Grant, A recep- tion was urranged at the residence of Potter Palmer, which was attended by members of the society, all of whom warmly grected tho widow of the great commander. Tho following tribute to the memory of General Sherman was reverently adoptod : Whercas, Ao all-wiso and overruling prov- idence lias by the hauds of death taken from our midst our beloved comrade, our adore commander, General William' Tecumseh Sherman, it is htting that we, the Society of the Avmy of tho Tennessee, put on record in tribute ‘to his memory au expression com- memorating in fitting words the inestimablo service rondered by him to ms country in the capacity of commander, ranking sezond only to Grant, the peerless chieftain, with whose name his own will ever remain im- perishably linked in history and whose famo no will continue to sharo as he shared with him the unceasing cares and torturing re spousibilities of the mightiest struggle for liberty and union known in the annals of time: Recounting how we, tho Society of the Army of Tennossee, who saw him day by duy, and felt the inspiring magnetism of his example from Corinth 10 Washington: who submitted to bis command so willingly throughout the war and heard his command over only to obey, and who, tho war being over, feit the glow of that kindly b generous soul, that geuial comvanionship which bound us to him with ties far stronger than the steel hooks of military auty, until, as wo had first measuved him as a com’ mander of brizade, of division, of corps, of arn 80 we came at last to measure him as a social, genial companionable comrade, presi- dent of our society, keeuly alive to the amen ities of our gentier'human nature: Recalling, with delight the personal rem- iniscences in which he indulged, happy, original, historical; recalling his plain, outspoken honesty—for it was char- acteristic of him to speak ns he thought; re- calling the hearty, responsive, sociul spiriv with which ho ever welcomed us all as com- rades and as equals—for ho met our every wish and expression of kood will with a re- sponse which brought us so ncar to him that weo felt us 1f we could not part; Honormg him for his true spirit of Amer- icanism during and sinco the war, a spiri waich brougat him ever nearer and nearer to, the people in civic life until they cametolove the aetermined soldicr for the charms of his personality, €0 that the death of no otner man then living could have left a deeper and wider void in the nearts of the American people; honoring him for the uncomoromi: ing adhierenco to the spirit of nationality, the principle which inspired him to deeds of valor in war, and to urgent warnings to his countrymen when in peace, it was sometimes thoughit possible that we might again have to “tighten our belts;” hovoring him for hay- ing 1o doubts and expressing noae as to what as soldiers we had_fought for, accomplishea and demanded as the results of the war, an imperishable legacy to his countrymen, over and beyond that transmitted as a great sol- dier and commander; and lastly, Declaring our heartfelt sorrow for dcath, our entire and deep sympathy his children in theiv touching and undying love and reverence for his name; declaring our profound appreciation of his' matchless co to his country and our boundless sat- action in knowing that, while all of him that was wortal i« dead "to us, the disem- bodied essenco of his life goes' on and re- maius the heritage of the nation; to this end be it Resolved. That this, our tribute to the memory of General Wilitam Tecumseh Sher man, some tmo commander of each of its separate units, and finally of the on- tive Army of tho Tenuesseo from Shiloh to 4 of the war, an_origimal member of oty from its organization, and its president from the time of the death of Gen eral Rawlings to the dato of his own, be suitahly eugrossed, spread upon_ the minutes of this meeting and presesved with the records of the Society of the Army of the Tennessee, Resolyed, Further, that the scevetary of this society be and is hereby instructed to transmit a duly authenticated copy of this preamble and resolution to the surviving members of the family of General Sherman. Grant's Old_Lody Guard, General Grant's old bady guard company A, Fourth Illinois cavalry, was conspicuous in the ceremonies attending the unveiling of the Grant monument in Chicago. The com- was organized in August, 1861, for “three years or the war.” The rostor of company ‘A, s mustered into the Fourth cavalry, Au ist 20, 1861, at Ottawa, IlL, was 1. D Os- band, captain; D. H. Gile, first lieutenant; ierlock, socond lieutenant; Samuel 1. Lowe, orderly sergeant. The sergeants were Chapin, Throop, Iiston, Lincoln and Wiug. Thero were other non-commissioned ofticors and sixty privates Tu December, 1861, the Kourth Illinols cav- alry bad just dav Cairo, having marched ovérland from Ottuwa, 11L., woere the been organized and mustered into the scrvice, and oo the afternoon of December 8, the ad- 1t of the regiment, Harry Dox, ' received ollowing order Par. 2 The commanding offices of th TFourth Tllinois cavalry will detail a compay from the regument for duty at these heac quarters. They wili report tom-rrow for or d By command Brianii Gexerat U Jony A, RywLives, A. A, G Colouel T, Lyle Diekey, who had command of twelve fine compauies, desired to keep tuem intact, but the order was lmperative Fiually it was deciued to aetermine by lot which company should go to headquarters. Company A won. 'ho next morning the company reported for duty with Generst Grant and remained continuously with bim until after the battle of Lookout Mountain, in Novemver, 185 moro than Lwo yeaes of personal ' sorvice, during that time 1iéing with nim and carr) iz his orders mauy thousand miles. A remnant of the *old guard” turnad out in the parade among the veterans. No ono in tho procession had the right o claim a closer parsonal snowledge of the +'Old Com- mander” than the troopers wbo rode with him on many flelds The survivors of the body euara residing in Chicuzo are B. L Stovens, Hon Wing 1 Fiston D ey b Rorm iy 13 o iton G Y0 Busson. K. Manu DAL Gl S. Grant 8, 5. Mend, ¢ Waters OCTOBER 19 FOUR WAYS TO CURE A COLD. Any one of the four following ways | Uso the one that seems most azre convenlent 1. Hatho the feet wineglassful of s preferably) in hot wat Foom. Bathe the face in ently foran hour, tuk hot water and go'to © mber thut the whiske 1. After having tuk pure whiskey In hot wat Water up the nostrils a o0, ble and In wa pure m water, take a Imulant (whiskey d remaln i a warm ory hot water fre- little pure whisk Itis woll to re st be pire. o wineglusstul of snuft lot salt fow times. Repoat tho open tako some pure keop warm In using whiskey for curing a cold or Other DUrpose 1t should always be reme bered that any other than absolutely pu whishey {8 harmful in its effects. Dully's Pure Mult fs the only reliable standird while key on the market. “Its purity and vaine are d for by the leading doctors and sclon- tists of the day. You can got it from your druggist or grocer. Take no substitute. Drs.BETTS & BETTS PHYSICIANS, SURGEONS and SPEGIALISTS, 1409 DOUGLAS ST., OMAHA, NEBRASKA. ny Offico honrs from 9 a.m. to 8 p.m. from 10 a. m. to 1 p. m. Bpecinlists in Chronic, Nervous, Skin and Blood iscases., o7~ Consnltation at office or by mail free Medicinos sent by mail or exprass, securely packed, freo from obsorvation. Guarantees to curo quickly, eafely and permaznently, The most y and favorably known epecial- ista in the United States. ‘Their long experience, romarkable kill and universal euccess in the treatment and cure of Nervous, Chronic and Sur. gical Diseases, entitle theso eminent physicians to tho full confidence of the afilicted evorywhere They_guaranteo A CERTAIN AND POSITIVE CURE for the awful effects of carly vice and the numerous evils that follow 1n its train, PRIVATE, BLOOD AND SKIN DISEASES speedily, compietely and permanently cural. NERVOUS DEBILITY AND SEXUAL DIS- ORDERS 3ield readily to” heir skillful ireat- men PILES, FISTULA AND RECTAL \ .CERS guarantoed cured without pain or detention from busincss. HYDROCELE AND VARICOCELE perma- nently and successfully cured in every case. SYPHILIS, GONORRH(EA, GLEET, Sporma- torrtheea, Seminal Wenkness, Lost SManhood, Night Emissions, Decayed Faculties, Female Weoakness and all delicate disorders peculiar to eithor sox poeitively cured, as woll ns all func- nnl disordors that rosalt from youthful follies or the excees of mature years. Stricture Guarantecd pormanontly eured, removal complete, without cut: ting, caustic_or dilatation. Caro effected at home by patient without o moments pain or annoyance. TO YOUNG AND MIDDLE-AGED MEN A Sure Cure Tho ayful effects of vice which brings or weakness, destroving both mind and body, with all its dreaded ills, permanently cured. ddress thoss who hawve impar. Drs. Betts & cives T ivopa dulgence and solitary habits, which ruin both mind and body, unfitting them for business, study or marriage. MARRIED MEN, or thosn entering on that happy life, aware of physical debility, quickly assistod, g£7~Bend 6 cnts postage for colobrated works on Chronic, Nervous and Delicate Discases, Thonseands ured. §9-A friondly lottor or call may eave yon futore suffering and shame, and add golden years to life. §#7"No latter answered unlese accompanied by 4 cents in stamps. Address, cr call on DRS. BETTS & BETTS, 1409 Douglas St., OMAHA, - - NEBRASKA. Sunday Gonovrhoea, Gleet and i eucorrheoa, 1red in 2 days by the Frenen Reniedy entit- leo the KING. 1T dissolves azaiest and is ab- sorbed into the inflamed parts. Will refund locs no s stricture, Is ruicle. # o aid. Mecor "BOCTOR AGRER? ENGLISH will stop a Cough in one night, check a Cold in a day, and CURE Consumption if taken in time. IF THE LITTLE ONES MAVE WHOOPING COUGH OR CROUP Usg it Promptly. A 25 cent bottle may save their lives. Ask your drug- Cugist for it 77 1 Tastes Good. BURE "FINK PILLE. Dr. Acker's English Pills CURE CONSTIPA AN I SALE BY K & MCCONNELL, LeDac's Periodical Pills, Tho Fr wedy aots directly upon tho goners 8 andl cures supprossion of {ho Tienses. Piron for &5, and can o mailed. Ehonid not be used during presnaney. Jobbers, drnggists and the public supplicd by Goodman Dt o Omivie ( MAN Omaha, NO OTIIIETR LEAVES A DELICATE AND LASTING ODOR. For sale by all Drug and Fancy Goods Denlers or {f unable to pra this wonderful soap send 25¢ 10 stamps and recelye & cuke by return mall. JAS. S. KIRK & CO., Chicago. SPECIAL-Shandon Bells Waits (the popular Socloty Walti) sent FREE to unyone sending us ireo wrappers of Shandon Beils Soip. AGENUINE MICROBE KILLER |s KIDD'S GERM ERADICATOI Cures all disoases veauso It killy he microbe or germ. Put up aud ret tlod in 82 8} AN 40 slies, the lattor 2l Beat nny whara Prepiid un recolpt of pri G5 D We lsan Fuarantes t cure. The o trado and Job flos sunpiica £ Drug Compin O C. A AL ward Myers ani th 1. Fostor BT "Boune ottt asiy dochy, waing wenknose, st i e e (oAl § &n for. o Vit v i nor. Biuts. Suftaring from full parss splenitid e Bk ‘who 18 n Vrof. ¥, C, F( WLER, Moodus, Coun bost DOGUTA i Gonorrhaa and verest cases ALWOOD CAVBULES 4 o s proscr.bed by physiclany for the cure of b the UFINAFY OPEANS r box. All drugglass SAN ro t days. §L Are You a Republican? You believe in“protection,” don’t you? Pro- tection for home industries goes, don’t it? Have you gota boy? He’s a sort of a home industry, isn’t he? Is he protected? Has he got good warm clothes to wear when it gets stinging cold? Has he got a good warm overcoat? If he hasn’t, you should buy him one this week and teach him the beauties of protection early in life. Are You a Democrat? You believe in “free trade,” don’t you? Be- lieve in buying where you can buy the cheap- est, don’t you? Believe in buying when you can get the most for your money, don’t you? Have you got a boy? Take him with you this week and buy him an overcoat. Look all around town, then come here. Show him that the “dollar bill” plays a more important part in buying than the “McKinley bill.” He’ll learn easy. Arc YouanIndependent Want to buy where eighty-five cents will do the work ofa dollar, don’t you? “Believe r 1l men are equal, and that you're us big a toad as there is in the puddle, eh? Have you got a bov? Want to make an Independent of him? Take him with you to buy an over:dat this week, and when you're asked eight or ten dollars for a boy's coat, be Independent, don’t buy it, Come here. Youw'll teach your $1.50 ) Boys’ Overcoats, For boys B to 12 years old. Made in handsome blue stripe, with cape, with fine linings and fancy sleevelinings; actual values up to $2.50 at ) < y .~y ~ Boys” Overcoats, For boys 6 to 12 years old Made in handsome brown plaid cheviots, with cape, with fine lin- ings and fancy sleeve linings, actual value $4.26, at Boys” Overcoats, Forboys B to 12 years old. Made of magnificent all wool, fancy cheviot, with eape, fine serge lin- ings, and fancy sleeve lining, value, $6.00, at Boys” Ulsters, For boys 13 to 18 years old. Made of great }I)in'l( ch viot, cut long, with wide collar, with fancy plaid eassimere lining, actual value up to $8.00 or $7.00, at ? Boys’ Overcoats, For boys and young n:en 13 to 19 years old. Made of strictly all wool, heavy cassimere, with vel- vet collar, with fine serge lining and fancy sleeve lining. Actual value, $38.50, at The Argument is All on QJ) $2.75 $3.75 $3.90 S our =] MOORE'S REE OF LIFE ADELINA ATTI 10¢zem (¢ Is The Best I the maket. 1T AND BE CON- VINCED. SAVE YOUR EYESIGHT TRY Alexandri Dr. J. B. Mc Dear S [ obtained a bottle of med- icine, Tree of Life, from our druggist here, 1. C. Anderson, and have used it according to directions, except to ves duce the dose o tittle, it is pretty strong modicine and gets in its work, in tho right time and place. Yours truly WM. WOOD A posltive cura for iKi1nay and Livor compiunt and all 0 0od disorss. bosris IAY10 A TA W00 YOU 041 ur31 Dy usiog Moora's ‘reo o Lifo. L Jrost Lily Ronotr? THE OMAH4 “\p‘“uFAGTURlNG Co, OMAHA, NEB. Nos, 108, 110 and 112 N, 11th St TELEPHONE 1772, Maora’s Troo of Lifa, OPTICAL HOUSE OF TR ALOE & PENFOLD (0., Practical Opticians And branch of world renowne ul estaniiah- ment of A. 8. Aloo & Co., St L Our method 13 superlor 10 all others; our ROLweAry OF Lire tho eyes. fusted to the face. By-s Tested Free of € harze. Prices Low for Firstclass Goods. THE ALOE & PENFOLD €O, 114 S, 15th St., next door to 1%, O, : Or, Bailey Toe Leadinr DENTIST. ¥ ) Third Floor Paxton Blo 16th and Farnam Sts, n rubber, for # Perfoct plutes or removable thing for singers und p down ont Pain rates, PROTECTED BY U. 8. PATENTS, Manufacturers of Iron and Steel Ribbon Yard and Lawn Fences, also Farm, Stock, Park and Cemetery Fences. The cheapest, most artistic and durable fence in the market. Manufacturers’agents for Archi- tectural Iron work of all kinds, and for the celebrated Buckthorn Steel Ribbon Wire. Call at Factory and see samples. Send for Catalogues and Prices, Seal g Skin Garments. FUR CAPES. MEN'S FUR OVERCOATS. and All Fashionable % FURS <% CLOTH AND PLUSH CLOAKS E¥5end for Fashion B JOHN T. SHAYNE CO. Reliable Manufacturers Palmer House Block. 191 4193 State 81, Chicago. Addreas with stamp, Temuie Pluce, Boston, A tull set of teeth, fit. Teoth w thout Dridgo work, Just the Publie speakors, never dr Teeth Extracts | Wi A1l fillings at reasonable wirranteds CiE th's ouu for o 2u "JOSEPH GILLOTT'S STEEL PENS. GOLD MEDAL, PARIS EXPOSITION, 1889, THE MOST PERFECT OF PENS. " UNION DEPOT HOTEL. Corner 10th and Mason Stree Now bullding. furniturs, ever X mallad fra clans; inest locatlon 1o the city: all proyement ain Hon call and iarber Shopn con Cara toany part of the oty 'f vinced that we hisve the best | Wistof Cirloags Kates YPTURE ney cun workin ETHUSCAN orgive relief liko Dr Aelien.” Tt has cured i T, nond 40 i Aa) ree Pamphivt No. £, | f tin aguctic Kiastic Truse Co,, Bau Fraucisco, ok