Omaha Daily Bee Newspaper, March 17, 1892, Page 5

- THEY ALL FAVOR HARRISON Benator Manderson Speaks Emphatically on Recent Annoying Rumors. HIS IDEA ABOUT NEBRASKA'S CHOICE ton of Pres | Preference Arrangements by Which Tadi Will Be Furnished Food. WasmiNaToy Bunes 13 FOURTEENTI STRERT, Wasiixeros, 1. C., March 16, A letter from J. 8. Clarkson appears in the papers this morning in which it is stated that Senator Mandersou is likely to be a cau didate for the presidential nomination et Minneapolis. Senator Manderson is much nonoyed. Ho said this afternoon: “Putit as strongly §8 you want to in Tug Bee that I amnot a candidate,will ot boa candidate, ana can con oeive of no greater torture than to boobliged to pena four years iu the white house. 1suppose these suggestions are intended to ba compli- mentary, but they both amuse and annoy me because they have uo basis in fact or inclina- slon on my own part. Nebraska will be for or Tir Bree, % #"the nominee of the republican convention, whom I believe will be President Harrison.” Mr, Paxton's Views Endorsed. For some time past Hon. Willlam A. Pax ton of Owaha has been urging the substitu: tion of dressed meat for cattio on the hoof for issuo to the Indians at Pine Ridge and Roscbud agencies. Senator Manderson will tomorrow strongly endorse Mr. Paxton's recommendation on the groundsof humunity, oconomy and tho financial interests of the Indians. He holds that if dressed beef were delivered at railroad poiuts ncarest the agency and transported Lo the agency by tho Indians the revenue from hauling would bo much greater than they now receive from the salo of bides. Agency expenso would also bo greatly decreused, as the chief herder and nssistants would be done away with. Thero > would bo no shrinkage or loss and the beel \ would bo delivercd with much more regu- larity and satisfaction and the present system of shiooting and crippling beeves and_tortur- ing cattle wouid be done away with, Tho sonator will urge these points strongly upon the department and hopes 10 pave the way for a much-needed reform, Additional sion Legislatio Senator Paddock, who is a member of the committee on pensions, said this afternoon : “'ho staterent that thoe serate is opposed to any additional pension legislation is not true. Our committee has reported several bills of a gencral nature besides uumerous bills for privato relief. Ono increases peusions in cases of deafness of both ears to $40 per month. Anothor amends existing laws for aisability so that tkose requiring periodical assistance shall bo rated not exceeding £ a month, Another permits confoderates who have sinco re-culisted in the United States army and became disabled in the line of duty to come under the provision of tho existing law. Still another extends the application of the law of 1800 to widows, orphans aund minors. These mensurcs, while not radical, are demanded by justico and will, I boliove, 8 the senato.”’ Arranging the Spring Transfers, Tho War department issued today the long oxpected orders for the spring transfer of Unlted States troops from tho various army posts. The number of regiments which wiil exchange stations is much smaller than ex- pocted. The Twonty-fivst regiment of in- fantry 1s the only regiment which leaves tho Department of the Platte, the headquarters and flve companies of that regiment going to the Department of the East and tho remaio- ing companies continuing under commana of the lieutenant colonel at Fort Sidney until further orders. This will decrease by five companies the troons now in_the Department of the Platte, as no regiment is ordorod to take the place of the Twenty-first. The transfer of tho Ninth cavalry from Korts Robiuson and Niobrara and of the Second in- fantry from Fort Omaha, which has been under consideration, was postponed for the present. It is not now considered probablo that eithor regimont will bo changed this vear. The lenth regiment of cavalry ex- changes with the Lirst, one troop of In, from the First and another from the Sixth regiment, togother with troops D and K of tho Seventh, being sent to Fort Sheridan, 1il., troop F'of tho Soventh to Fort Myer and troop H of the Scventh to Fort Riio rhe remaining companies of the Ninth regi- ment of infantry joln their regiment in tho Department of the East and_exchango with a like number of companies of the Lleventh, Comments on the Boyd-Thayer Case, The Post this morning prints a lively edi- torial on tho attempted resurrection of Gov ernor Thayer. 1t concludes as follows: *‘The claimant says that all he wauts is a vindica- tion, but the people generally seem to think that a man whose case has been adjudged against him by the highest judicial tribunal of ths country ought to abide by that decision. Of course if he succeeds in implicating the United States supreme court in & conspiracy to defraud him of his office, as seems to be the theory on which he 18 now proceeding, he wouid find ample grouad to stand on, but as nobody but himself puts any faith in the absurd idea it would appear to be the right thing for s counsel todrop the case where it1s, Mr. Thayer stands in no veed of vin- dication by the courts. The best way in which to vindicate himself is to quit quar- reling with the inevitable and go about his business like & wood citizen. His presont course is not croditable to himself and it is cortainly not conducive to the interests of the republican party in Neoraska,” Miscellaneous. Senator Pettigrew appeared before the ap- propriations committeo of the senate this afternoon and urged that an appropriation of #100,000 be incorporated in the Indian vill for the establishment of Indian schools at Chum- berlain and Rapid City. He also asked an Amppropristion of $157,000 to pay the Crow %-ok Indians fur the shortage in the ailot- nts made to them. These two items will probably be incorporated into the bill. The senator also asked that an appropriation of $11,000 be inserted to pay the Yankton scouts for services in 1804, The following certificate was filed today sud it bas created some amusement in con- gressional circles because of the uunanimit with which the signers join in recommend- ing Mr. Bryan: “This is to certify that at @ regulur moeting of the democratic delega- tion in congress from Nebraska, W. J, Brysun, member of the First Nebraska dis triot, was unanimously selected to rep: t the stato of Nebraska on the congressional committee.” This is signed by W, J. Bryan, member of the democratic delegation from Nebraska. “T'ho economio house of representatives this morning cut down the Joint resolution ap- propriation for 150,000 covies of the popular *Disonses of the Horse” to 45,000 copies. There are half that many requests from Ne- braska and lows on file. No voluuie printed by the government in lato years has been in such demand as tho horse book. Senators Manderson and Paddock alone have sent out rly 20,000 coples, he pay corps of the army is up in arms ainst the proposition to reduce its numbers and turn over a large part of its duties to lie tenants of the line detailed for the purpose various army posts, They protest that the obsnge from bonded to unbonded ofticers will be unwise and certain to react upon its sug- gestors, The system was once tried for thirteon years and abandoned because of iu- creasing defalcations and increased ex- penses, while during the war under the pros- ent ystem §1,100,000,000 was disbursed with & total of losses and expenses of less than three-fourths of 1 per cent. The War department is understood to be against this meusure which will prove sham economy of be worst kind. The Laird .ulo{tu will be in priot next ud ready for distribution, Kach Iy ator gots 700 coples for distribu J. H. Millard was in the city today and left for the west, Surgeon Kean, U. 8, A, fogton to join his station Western Ponsions. WasuiNaron, D. C,, March 16.—(Special Telogram to Tus Bes.|—The following list of prusions granted is reported by Tux Bex a0 Examiner Bureau of Claims: Nebraske: Original—David Bowg, Nor- wan V. Dufl. Miles Schooleraft, Orville Compton, Jacob H. Rolby, Dudley H. Pols Dewitt C. Smith, Arnold, Wil dree Taylor, larg, August Kindler, Franiing Hawkins, Joseph liam Coyer, William Mo Henry Pifer. Additional—\William H. Browenell, William Mendelsohn, Azro D. MolLellan, John Prescott, Philip N. Ault, Frederick (iiisor. Renewal and inorease Artermus O. Woodbury. Increase—John M. Demaree, Original widows, etc.—Mary J. Pierson. Towa: Original-Joseph R. Summerson, John Willinms, DeWilder C. Jackson, F'ran cls Kiest, Francis M. McCullough, Jacob R Younger, McKindree Seward, Charles N, Preston, Mathew Taylor, Owen Drake, Lewis Rhoades, Dyer D. Danning, William F. Strater, Gilbert 8. Miller, Abraham M. Kir kendall, Lowis Young. 'James Deighton. Charles E, Johnson, Bovjamin Elbert, Alden Simons, Jonn A. IKelman, Lewis IR.'Krant, Adelbert P. Mungon, Thomas C. White, Ze: bulen W. Burch, Orson G. Reove, William W. Ray, decensed, Simon B. Seigel. Ad divional ~James Haiford, George Phipps, Amos Grifiith, Henry George, Isaiah P, Rev: nolds, Increaso—Edwin Bradway. Original widows, ete.—Mary A. Deiffenbaugn, South Dakota: Original— William G. Dick- mes Van Hook. Original widows, ristiana Decamp. NEWS FORR THE ARMY, Complete List of Changes In the Regular service, Wasmixaroy, . C., March 16.—[Special Telegram to Tk Bek.|—The following as siguments to regiments of officers rocently promoted and transfers of officers are or dered : Tho leave of absenco on surgeon’s certifi- cate granted First Licutenant Francis D. Rucker, Second cavalry, is oxtended oue month, Leave of atsence on sureon's ver tificate §s grantod Cadet Charles M. Chap- man, Fourth class United States military academy, until June 15, 1592, The ordinary leave of absence granted Post Chaplain Wil- liam K. Tulloy, U. 5. A., November 7, 1801, 1s changed to leave of absence on surgeon’s certificate to date from March 9, 1802, and is extended on account of sickness to include April 8, 1892, First Lioutenant Rowland G. Hill, Twentioth infantry, is relieved from duwy us judie advocate of the genoral court martial convened at David’s 1sland. First Lieutenant, Wallis O. Clark, Twelfth in- fantry, 1s detailod as judgo advocato of tho general court martinl convened at David's island, —— Ignorance is no excuso in the eyes of tha law, nor is it an excuso for headache, as evervbody knows Bradycrotine is a sure cure, o SARAH ALT S LAST SENSATION, Letter Discovered Revealing n Conspiracy to Kil Judge Torry. Firsyo, Cal., March 10.—The safe in Sarah Althea Terry’s house has been blown open by friends, und papers and letters securcd which bearon the Sharon case and the alleged conspiracy to murder Judge Terry. One of the letters stated that tho writer, who was formerly sheriff of one of tho countics of this stato, was offered $25,000 to kill Judge Terry. He re- :d the proposition and was warned to loave the state on pain of assassination. The writer went to Dubuque, Ia,, from whero the lotter requests Mrs. Terry o come and prom- ises 1o put her 1 possession of proofs of the conspiracy. Other lotters found in the safe, said to be sensational, are not obtainable. ok Beecham’s pills cures sick headacho. i PERSONAL PARAGRAPHS. H. E. Hoath of Lincoln is at the Paxton. J. Farrell of Lincoln isat the Arcade. J. Drake of Minden, Neb., is at the Paxton. R. Wansworth of Wayne is at the Arcade. R. A. Osvorn of Beatrice is at the Millard. R. M. Allen of Ames, Neb., is at the Mil- lard. S. C. Birchard of Davenport is at the Del lone. H A guest. Lee A. Agnow of Spokane Falls is at tho Murray. J. W. Post of Rapid City is stopping at tho Paxton, J. L. Treber of Elmwood, Neb., is at the Arcade. I. E. Allen of West Point, Neb,, Is at the Dellone. J. E. Lowry of Des Moines is stopping at the Millard. Mr. R. Bontley of Red Cloud is registorod at tho Murray. £. B, Rudiger of Nebraska City is a guest at tho Paxton. J. W. Kelly of Grand Island is registered at tho Arcade. H. Wade Gillis of Tekamah was yesterday at the Millard, W. S. Summers of Lincolu was at the Mil- lard yesterday. W. F. Dutton of Petersburg, Neb., i stop- ping at the Arcade. Miss Lilly Lowe of Fromont, was at the Dellono yesterday. Charles F. Hardy of Sioux City Is regis- tered at the Dellone. N. R. McBride of Grand Island is regis- terad at the Dellone. Dr. S. Van Ness of New York City 1s regis- tered at the Paxton. Phillip P. Powell of the United States army is au the Paxton. C. W. Whitmore and wife of Chadron are domiciled at the Paxton. H. P. Scott aad L. C. Mudge o Burlington are stopping at the Paxton, John Doran and daughter of Beatrice are sequestered at the Dellone. Frank Cross and L. N. Cralg of Stoux City aro stopping at the Dellone. C. H. Andorson and wife of Pierre, S. 1., are domiciled at the Millard. Mrs. 8. A, Watkius and son of St. Joseph ure domicilod at the Paxton. Mrs. T. K. Farrell of Hastings is among the lady guests at the Paxton, Murs. Palmer of Schuylor, Neb., is among the lady guests at the Dellone, U. S. Scott_and W. H. Dorsoy of Wahoo, Neb,, are stopping at the Murray. J. E.Sackett and wife and Miss J, Pad- dock of Denver are at the Dellone. ‘William M. and Ralph Parker are regis- tereda at the Paxton, from South Charles I, Arivine, E. and F. 1. Toppe of Verdon, Neb., are stopping at the Arcac Job Hathaway and H. Blenstin of Hem- mingford, Neb., are stopping at theArcade. George R. Scott, E. Laughlin and Thomas g’ua o1 Beatrice were at the Millard yestor- ay. F. 8. Clinton of Weeping Water, was among the arny Millard. H. S, Manvllle, a ocattle feedor of ‘I'lden, Neb., is registered at the Paxton, He is now feeding 1,700 head of cattlo, Mr. L. D, Fowler, cashier of the German Savings bank, and wife returned yesterday from their trip to Californis. Councilman Jtechel has as guests his brother, George H. Bechel, a druggist, and Ed Squire, banker sud councilman, of De- flance, O. A A Hittaburg party representing the United States Glass company is stopping at the {;luru ng. . dI-y is &om 5 of A, W. oggs, W. B. Linds, T} P, E, Brady, H. G. Bunert and wife. o Mr. Fred Mason of New York, a former popular Omaba boy, i in the city tne guest of Frank Hills, assistant auditor Union Pa- cific rallway. Mr. Mason holds & responsible position with the New York Associated press, Hov. A. V. Harlan of York was in the city yesteraay, He reports York county to be in a very flourishing condition, The farmers are prosperiug snd there has been & marked advance iu the price of farm lands. _Somy lands are now commandiug as high as §0 per acre, and have been sold to 8 number of east- ern farmers who will shortly locate in York county. Mr. J. C. Houghton, treasurer of the Na- tioual Life Iusurance company, arrived in the city yes! mornlag frou Califorata. Ho was entertained by Mr. M. L. Roeder, manager of the western department for the National. After a drive about the city a nice lunch was prepared for Mr, Houghton and a fow of his New England friends. The party left duriog the afternovon for the east very much delighted with their stay in Omaha, The National has wvested over $50,000 of its capital to date in Omaha. Hoftman of Cheyenne is a Millard Neb., s yosterday at the ——— For coughs and throat troubles use Brown’ Brouobial Troches—"They stop an attack o my asthuia cough very prompily.”—C. Falch Mismiville, O. THE OMAHA DAILY BEE SAVED BY A MERE SCRATCH Charles B, Johnson's Hanging Postponed by the Supreme Court on a Technicality. OPINIONS HANDED DOWN YESTERDAY Many Tmportant Cases Settlod—General Thayer Out of Court—Judge W Predi tings In the Omaha Police Commission Case, ir's ment—Pr. Liscory, Neb, March 16.—|Spocial to Tuak Bee.|—Charlos K. Johnson, a convicted murderer from Nomaha county, bas, by vir tue of an opinion handed down by the su- preme court of Nebraska today, been granted a now lease of lifo and may perhaps go into the world a free man entirely. Ho was coavicted for the murder of ono James Whitman in Nemaha county. The killing of Whitman was not denied by John son, in fact it was admitted by him in ex- press terms in his testimony. The homicide occurod noar Auburn on the forenoon of Juno 16, 1300, on a tract of hay land thres acres in extont lying coatiguous to ana wost of the track of the Missouri Pacific railroad and about eighty rods north of their respec- tive homes., Thero had been a con- tention between them with veference to the possession of tho threo acre tract in question, each claiming and asserting bis right to the hay therecon. A material question at the trial was which of the con- tending parties was the first to reach the scene of tho tragedy on the morning of the killing. The theory of the prosecution was that Whitman was first on the ground, and was in the act of cuttivg the grass witha scytho when he was shot by the accused. On the other hand Johnson claimea aud testified that he was first on the ground una was cut- ting the grass when Whitman came from his home and assaulted him with a scytho and afterwards with a pitchfork, and that wnen he tired the fatal snot he was acting in self- defense. Johuson was the only witness wio had personal knowledge of tho facts attend- ing the killing, In applying for u veversal of the case John- son assigned four causes of error: (1) I'hat tho lower court erred in permitting tho county attorney to endorse the numes of ad- ditionul witnesses on the information; (2) that the court erred in excusing two mem- bors of the rezular panel on chalienge for causo by the state; (3) that tho court erred in instructing the jury that it should take iato consideration tho interests of the de- fendant in determining the credit to which he is entitled as a witness; (4) that the court, erred in insiructing thut *'good character is a circumstance of great weight in doubtful cases aud of less weight in less doubtful cases, The supreme court declined to admit the force of the assignment of the first threo uses of error, but the fourth savead Mr. Jolnson from the hangmau’s noose. Theam- qiguous wording of tho instruction of the judge in rogard 1o tho previous good char- acter of the defendant was taken into consid- eration by the supreme court and the cascYe- versed on the cause of error assigued in this particular. On ths point the decision says: ““Previous good character of tho accused 1n a crimital prosecution is a fact which he is en- titled to have submitted for the consivera- tion of the jury precisely as any other oir cumstance favorable to him without any dis- paragement by the court. Heuce it is orror to instruct that ‘good character is a circum- stance of great weight in doubtiul cases and of less weight in less doubtful cases.’ The lower court was reversed on this point and Mr., Johnson will have an opportumity of clearing himself of the charge of murder in a new trial, County Sent Case Reversed. The now somewhat celobrated county seat contest in Dakota county was given another turn by an opizion handed down by the supreme court today. When this now famous contest was inaugurated a petition was prosonted to tho Board of Commis sioners asking_that an election be called for the purposo of voting upon tho question of tho relocation of the county seat. The as- application was resisted by a remonstrance of moro than two-fifths of the logul voters of tho county, in which 1t wos alleged that 201 names on’ the petition wero fraudulent; that thirty-six had signed more than once’ that other names were forgeries; that 200 had been induced to sign by bribory; that 260 who had signed the petition_subsequently signed tho remonstrance; that thirtv-ono were unlawful signors. A’ supplomental po- tition was also filed. After considering the matter the board ordered the election asked for by the petitionors, The matter was taken into the courts and_again the petition- ers wero victorious. Then the caso was brought to the suprome court aud today was roversod. In its opinion tho supreme court lays aown tho law in regard to county seat contests iu a manner that will hardly be m: understood in similar cases in the future. The syllabus of the opinion 15 as follows: Undor tho provisions of soction L, article 3. ot chapter 17, compiled statutes, a botivion for ‘the romoval of u county seat must b signed by “resident eloctors'” of the county Squal in number to three-ifths of ail tho Votes cast in the county at tho last general election. The words rosident eloctors” aro used to distinguish actual residents of the county frou sich persons us are tomporarily therein. I addition to the name of ench petitioner the petition must show the section, township 1"ranze on which, or tho town or city in wiich ho rosides, together with hi time of residence in the county. sion of uny of theso clent to cause his re) Inexamining the o and e omis- articulars wiil be sufli- fon as o petitioner. ames of the petitioners it 15 the duty of the board to carefully seru- tonize the entire llst and reject all that are fictitious, false or ropetitious, und to permit proof tending to show that some or ail of those who b the petition or remons- strance were not in fuct resident electors of the county. The petition when presented must contain the names of ull persons who desire to sign tho same us potitionnrs. A supplemental poti- ion 18 unauthorized, No form of bribery to secure votes wiil bo sanctioned by the courts. This rule s equally as Important in county seat elections as in other cuses. The design of the law Is to secure the free aud voluntary expression of each voter of his cholce for thé county seat. Supreme Court Oplnions, At its session this forenoon the supreme court handed down opinions in a wamber of cases. T'no syliabl of the opinions rendered are as follows: Brockmire & Co. vs Ro Krror from Sioux county. Iteversed and remsaded. Opinion by Mr. Chief Justes Maxwell. An actlon brought in the name of James H, Brockmire & Co. fs not subject to demurrer fur want of logul capucity of the plaintiffs to sue. One of thom at least, on the fuce of the record, has such capucity sud 4 the demurror applies to all the members of the suj d tirm it should be overruled. Popged When un action is brought in the roper ame of one of the plalntifts: followed by i1 y the words “and Co," u dewurrer on the ground of a defect of puriios plaintiff no doubt will lie, but not for want of legal capacity to sue, Whiie an amendment of an affidavit for an attachment may be permitted when In fur- therance of Justice oven on the hoaring of tbe cuse, yet nonew cause of attachment. whieh ex.stéd when the adtion was brought. can bs brought In by amendment. Byrum vs Peterson. Error from Antelopa ocounty. Afrmed. Opinion by Mr. Unief Justice Maxwell Where & remonstranoe against the Issuance of a license for the sule of Intoxiorting lquors was duly filed with the licensing bourd In which exuses fatal to the granting of a Heenss were assigned and proof introduced tendin to sustain such oharkes, the board overruie the remonstrance and grauted a liconse to the applicant; whereupon the remonstrants wp- pealed to the district cowrt and afterwards applied to a judge of the" dlstrict court ut chambers for & peremptory writ of mandumus 1o compol the board to revoke the license uotil the decision on appeal. The ludge thereupon grauted the writ. Heid, There bolng 1o controversy as to the essentiul facts as above stated, the Judge had authority to grant the writ. Sumple vs Hale. Error from Lancaster county. Reversed and remanded. Opinion by Mr. Chief Justipe Maxwell. The state, when constructing a publie builds 1og. Is chargeabie with 8 moral duty to pros toct the persons who furnish labor ind mas torial for the erection of tha building as fav ible. Therefore, a provision In & contract or the erection of such building by which the contractor “ugrees Lo pay off and settie lu full with the purties entitied thereto all account d oluirs that J become due by reuson ol Iaborers' and mechanics' wages, or for furaished or services rondered, 80 t d a1l persous muy receive nis or tl Just dues o that bebult," s not in excess of the powers of tue Board of Fublic Lands uad THURSDAY, Buildings and the suretles on the contractor's bond or the faithtal perfdallance of the con tract witl be hle for debis arising under the above provis . Fromont, Elkhorn & Mistburi Valley Rail- road company vs Setright.| Reror from York county. Afiirmed. Opinign by Mr. Justice Norval A will which has been duly prov mitted to probate by & conrsor havinz jurisdietion may be stito by tho county court unty in which lllle testator left pk which such will may operato. i proveeding to pro- Dato n foroigh will A coBY OPERE sAm6 and th Probate thereof, duly authent must Do Droc rd 1o the 0\ allowed in this state must rded in said court A cartifiod copy of a will ¥ith a t rd of th the will to probate n ftted In avide ence without further fon Where one holds real estate under acon- 't of purchase made with the holder of the gnl title, and upon which sl paymonts have to entitle him 1o a deed, he n aotion for duma; to the 1 by reason of the location wnd construc tion of a raflroad near the The holder of the legal title should be joined, but It no o on that ground the equ y rocover lus wetaal dan 3 nd Islund Raliroad compuny va Tngalls, 15 Nob., 174 Holliday vs Browu. Error from Seward Ou motion for rehearing. Former opinion adberred to and rehearing denied. Opinion by Mr. Chier Justico Maxwell Where an notion i3 brousht agamnst n hus- band and wife the latter must be lawfnlly o with process or appear volunturily in 1se to be bound by the indgment. +18 An v ritten Tl in thls eourt that the members thereot bound on'y by the points stated In the vilabus of h o 3 Zih Judie n the boly oF an opinfon necos- Sarily must bo permitted to state his reasons T his SWithout binding the niembers outto ull sich reasoning, y concur in the conclusions nd ad or stito In this nsoript mitting ) Ehoy 1 hed. Waidley Salino Opinion Irror from county. Roversed and romanded. by Mr. Justico Norval. Held that the seventh instruction civen by the court on its o motion is defective in that it omits the =le nt of felonious intent, in a prosecution for 2 0f the goods must Biuve 1t 1s not error for the court an instruction whore th has (dy boen given, Atchison & Nebraska Railrond company vs Boerner. Error from Richardson county. Roversed and remanded. Opinion by Mr. Justico Norval. Where so al contiguous town lots are used and treatod by the owner as one property, in estimating his dam S ( aslonod by the ap- propriation by . railroad company of one of Such 1ots and parts of two others for its right of way the injury to the entire property should be considered, althoush the petition filed by the company for the appointment of commissioners only describes the lots across which the road 1s Toeated. The Judgnient of a distriet court on appaal from wn award of damuzes in condomnition procoedings Is conclusive upon the pu LY o all questions aet litfzated therein and 18 10 ull matters necessarily within the Issue joinod. although not formaily litigated. Rule applicd. “Flie deiendant company constructed its rond cross plaintift's real estite and pe ntly blic v a from the pre owner could muintain R dan sustainea by reason of the closing of the street. Childs vs State, Error from Gage county. Reversed and remanded, Opinion by Mr. Chief Justice Maxwell. In o prosecution for grand luree tnstructed the ju “On the que sonable doubt the” court instruets that the te wsonable donbt! theso instrug means a doubt, which has some zood re out of the evideace i the case you nre abie to v for," ete. Hoid, ersalof the judg- rofuse to give sume, in substance, y the court 1 of rea- err ment. Today's Supreme Court' Proceedings. Stato ox rel Thayer ¥s Boyd: motion for judgment on mandate of United States su preme court sustained and action dismissed. causesiwers arguea and sub- Rodgers vs (iraham, Rodgers vs ser vs Fulton,, Kidon Museo com- pany vs Yohee. : Morse ve Burns, dismisscd. Court adjourned to Tuesday, March 22, at 9 o'clock a, m., when the causes from the Eleveath district, comprising Boone, Hall, Wheoler, Greeloy. Garfield, Loup, Valloy, Howard, Blaine, Thomas, Hooker nnd Grant counties, will be called. Judge Blair Hade't Seen It. A fow prominent lawyers are giggling among themselves about the latost phase in the Boyd-Thayer case. March 5 General Cowin, Boyd's counsel, acknowlodged re- ceipt of the mandate from tho federal court. On the 7th of March John L. Webster, coun- sel for Tnayer, accepted service. Then the matter rested. These attornoys did not pub- licly announco the receipt of the mandate. General Cowin appeared before the state su- preme court Tuesday with the mandate and made the declaration that Mr. Wobster would not appear bafore the court because he had nothing further to say. Joseph H. Blair was at the outset associate cousel for Thayer. Some days ago he ad- dressed a lotter to Attorney General Hast- ings 1o which he argued that technically spoaking Thayer was still governor. The fact that this lotter was written after the acknowledgomoent of the mandate by Mr. Webster has caused the broaa legal smile aforesaid. Tho natural inquiry is why did not Mr. Blair know of the receipt of the mandate. Thereby hungs a tale, the facts of which were overhaard in a conver- sation in the Lincoln hotel yesterday. It ri lates to a blunder made in the case before the state court. T'he answer filed on behalf of Boyd averred upou iuformation and belief that Josepi Boya, father of James E. Boyd, had as a matter of fact completed his natur- aiization in 1854, at a time when James . Boyd was a minor. The point upon which a majority of the supreme court of the United States concurred in the reversal of judgment of ouster was that the demnrrer to tho an- swer admitted the truth of the allegation in the answer touching the naturalization of Joseph Boyd in 1854. If Joseph Boyd had completed his naturalization in 1854 James E. Boyd was then a minor and therefore be- came a citizen of the United States under the naturalization laws. Some of the lawyers have been inclined to criticise Mr. Webster for filling 8 demurrer to the answer Instead of filing & motion to either strike that por- tion of the answer out or to make it more definite and ocertain, or in not filing a reply to the answer and taking proofs upon that int. pv’l'll! Bee's informant s that the demur- rer to the answor was filed without Mr. Web- ster's consent and even without his knowl- eage uxtil atter it had been done. Tt s said that Mr. Blair went to Lincoln at the timo the answer of Boyd was filed and immedi ately filed the demurrer and the next morn- ing 1n court nad it called up and a date tixed for the argument. T'his was done, 1t is said, without consultation with Mr. Webster, who bad admonishod his associate to make no move on the answer until Mr. Webster could be consuited, The record shows that Mr. Wobster appeared before the court, and it is said that be did not see the answer until the night before the case Was argued in the state court. vHo is said to have tosted to his assoeistes about filing a demurrer and said at tuo time that if Thayer 1ot MARCH 17, 1892. lost this case in the fedaral caurt it would be due to this mistake. When Judge Diilon of Now York read the papers of this case be- fore tho argument was made in the federal supremo court ho deciared that the weak voint was on the demarrer and that if the case was lost it wouid be owing thereto. It was stated today, however, that tho late Judge Mason concurred with Mr. Blatr when the demurrer was filod. When tha docision was rondered at Wash ington it is said that Mr. Webster counselled Thayer to at onco aoandon the office, and in tho “presence of Messrs. Lambertson and Gere at Lincoin Governor Thayer decided upon such action. Mr. Blur, however, strenuously objoctod, and it was some days before the surrender could be made, It was finally made against Mr. Blair's active oppo sition. Tn this connection Judge Blair writes Tue BEr as follows OMAHA, March To the Editor of Tue Bek: I notice in your paper of today amon the news ftems from L‘vvn.n that It now transpires that General Thayer's attorne beon in possession of the mandate since 7th of the present month. A copy of tho inont was delivered to thom on that dite and they were notified to appenr in_Lincoin day. 'his statom if it relates to or in- asone of G Th o Vo ne Vi hiave nov Was i the hand © have Lover boen w8 above stated ceipt of a lotter f Ling Boyd's priva \ry ol oipts to show that tho r in my possession for tho la nt 18 wholly untrue. om me for anything, you give this statement publieity. Joseri H. BLAt War on Hartm: and Gilbert, Attornoy General Hastings today filed with the clerk of the supreme court informa. tion in the nature of 4 quo warranto to oust Christian Hartman and George 1. Gilbert from the comfortable berths they ure at present occapying on the Omaha Board of IMire ana Police Commissioners. On I'eb. ruury 23 Governor Boyd removed the gentle- men reforred to from that board and ap- pointed George W, Shields and C. V. Gal lagher to fill the vacancy cf od by their re- moval, Messrs. Hartman and Gilbert do clined to give up tho oftices, asserting that their terms had not expired and (hat the governor had no power to remove them ex- cept for cause. ‘I'hc papers filed by tho at- torney goneral today allego that Hartman and Giloert are bolding their offices without warrant and guthority of law and the su prome court is asked to oust them and de- clare Mossrs, Shields and Gallagher entitled to the places to which they wero appointed by the governor. Gosslp at the Stat Tho secretaries of tho State Board of Transportation went to Somersot, Lincolu county, today 1o look into tho complaint filed ith ihie board by tho citizens of that place ative to the establishment of a station at that point. Captain Beardsley, the official stenographer of the board, accompanied them, “Tho charter of the Eidemiller Tee company of Lawrence, KKan., was filed with tho secro- tary of stato this afternoon. 'he Seward Croamory company was incor- porated today. The bureau of industrial statistics will collect information in regard to tho number of trees planted in Nebraska on the coming Arbor day. Wanted His Rexignation. The weekly meeting of the city council last evening was charasterized by a very sensa- tional incident. After everybody had become weanry from listaning to a string of petitions and kicks, Counciiman Wittman from the Second ward dropped a_bombshell 1nto the camp by presenting and reading a resolution asking for the resignation of City Attorney A. W. Scott. The resolution recited the re- cont controversy over the new ward ordi- nance which was yesterday decided iliegal by the courts. accused tae oity attoruey of activg uugentlemanly and unfaurly in the matter, because he had appoared on the side of the six councilmen who thought it a void ordinance instead of on behait of those who had passed and approved of it. Councilmen Brown and Halter oxcitedly denounced it as a cowardly A on tho city attornoy, and for time there was as lively a battle ro of words that ever graced the chambers of this talkative body. The city attorney was tinally allowed to speak in his own Uohalf and made an excellent presentation of tiie matter. The ordinance had been passed one night whilo he was absent, and his assistunt had pronounced it legal and valid, but be had examined 1t only as to form and not as to contents. Afterwards when Scott had been asked for his obinton bo said it was void and supported that position in the courts, After a great deal of bad feeling had been gener- ated Wittman withdrow Lho offensive resolu- tion and tho storm passed over. Ends, The independents of the Seveath ward have endorsed the prohibition nominee, G. E. Bigelow, for councilman. Health Officer Bartram today quarantined a casc of scarlot fever at 1006 |5 street and a caso of diphtheria at 426 North Tenth streot. Judge Borgelt's condition today is if auy- thing an improvement over yestoraay. Charlie Porter, a 15-year-old lad, goes to tho roform school {or tie theft of a sack of flour. Socretary Nason of the Omaha Board of Trade is a Lincoln visitor toaay. Jobn Danner, a deliveryman, was thrown from his wagon in a runaway today, anasus- tained a broken nose and severs bruises avout the head and body. Charles Webster, a farmer living noar Waverly, was_arrested tnis mornlug on a warrant charging him with grand larcony. Ho 1s accused of grabbing £0 from his wife's hand, she having just roceived the same from a banker. any notified House, 0dds an el Pastor First Baptist church, Ploasant Grove, Ia.: Dr. J. B. Moore, Doar Sir: My wifehas been afliicted for several vears with a complication of kiduey and livor trouble Your “Tree of Life" has boon of great bon fit to her. Sne joins me 1n thanks to you aud expresses the wish that others suffering from similar causes may find equal reliof. Yours, Rev. J. W. Carter, Pastor C. T, church. For sate by all druggists, Want Dimensions Prescribed, Secretary Wedge of tne Builders and Traders exchange says that the brick manu- faoturers will petition the city council, usk- ing for the passage of an ordinance for the establishment of a uniform make 1 size of brick. The national size is 8! inches in length, 4%{ in width and 2! in thickness, All sizes and dimensions have been made, but none other than the national size has been allowed to be used in tho construction of largo buildings. The brick manufacturers want the national uniform brick for seif protection. Pis0's remedy for catarrh wili surely cure catarrh and cofd in the heud. Handy, pleas- ant. Ali druggists. 5H0c. s ————— The Castle Cure permanently cures liguor, morphine and tobacco habits, 1416 Harney St., Omaha, Dr. B, I, Monroe, physician in charge. e [ i o The “Ideai Baking Powder FEERY - 2 18 on 8l Dr. Price’s Cream Baking Powder. 7% For more than fifty years Cream of Tartar and Bi- carbonate of Seda have beea used for leavening purposes with sufficient flonr added to preserve the strength of the powder unimpairad, and this with the zddition of whites of eggs comprises this’pure agent, that has been the stendard for 40 years, and wholesome leavening In its use pure; wholesome aad delicious fond is always assured, Makes cake and biscuit that retain their moisture, and while they are flaky and extremely light they are fine grained, not coarse and full of holes as powders, latter dries up quickly. ter taste in the bread or cake. made with ammonia baking Alum powders leave a bit- Dr. Price's Cream Baking Powder once used, always used, A Written Guarantes to Cure kvery Case or Monoy Refundod, By d wo g orrefund u: for trontment ean 40 soand we will pry ratlrond faro both ways and hotel bills while hore (€ wa fall to cura Wo Challengo the World for u ease that our MAGIO REMEDY wiM n Rottho ovidonee. this MAGIC REM overcomo the projudicas agalnst 3o callo | f Butunder our SLONg gunrantoo itand betng eure | every doll S0 finang will try been putting v ent trontment dnys. reputAtion As Lusiness i Addrosses of those we have permission to refor to thom. It Ageto do this mincous patehos in stantly takin it. Constant use of the and eating uleers in tho end. Don't fail to Writs, yrrespondence sant sealod La plaa envolopss Woinvite the most rigid invest nonr power to ald you I it 000K REMEDY 0., - Omahy, Nebraska. AV VVVVVVIVNNANNY You Would Pay $]OO your Kidney Troubl Rheumatism, or that humor from your system. remove Now, reflect — will purchase a bottle of the celebrated to a doctor who guaranteed to cure e, Nervous Debility, dreadful Scrofulous $1e° Kickapoo Indian Sagwa Nature's own blood purificr. made of roots, barks, and he 10 OOO to any person ) whocan prove that this remedy will not re- lieve or cure the troubles above mentioned, and that any of our testimonials regarding the cure of these diseases are not absolutely genuine. HEALY & BIGELOW, Agents, New Ilaven, Conn. Kickapoo Indian Oil| s10avotte. # quick cure for all pains, 25 cents. W O R you by t eara noso Who prefer to come hoera you hava for dife yot cural I your symptons wre sore the. 2ars a1 potash shy Irags will surely bring ation snd will do all Addross MAGIC CUR 8500 fo 1oop, General or Nerv nessof body or min mall 82, Soouroly COOK REMEDY €., O o RUSSIAN S0AP Specially Adapted for Use in Hard Water. ! DUSKY DIAMOND TAR SOAP. For Farmers, Miners and Mechanics. Ohapped Hands, Wounds, Burns, Ftc. FOR MEN ONLY. LING MAN- . weak- rsor 0x annoteure. Wo caso of who t tho e Id or vounz that we abiliti untec every caso or rofuud evel days trial troatment 81, full 5. | in i crcoptible benefits realized ' in thre madl, securely packod f COOK REMEDY CO.. OMAHA. N LADIES ONLY at the same FEMALE R Cortaln to a day o S sonlo | LATOR, fnfo and money refunded. . Pron " obsorvas | 1/2e excep un-ler to per disabi ation while of wonun still labor, of per: the Sin to his he wa dying Cures A Delightful Shampoo. to the secret how to tell the best lock made—the world-famous “* YALE.” Other locks resemble the * YALE” (as the college student’s head was like his Presi- rity lies only behind the word * YALE,"” which is stamped on every genuine key. that people will know you use that perfect bmita Tutt's Hair Dye What an Officer Suys About t Speaking sbout some complaiats United States soldiers to tho affect that they were not gettiug sufticient rations, an oftic.r 10 the commissary department said: soldiers surely get ail thoy have sense enough 10 keep it when it is | issued Lo them, Lthe post abit of traftiving and selling thoy ot any purticular kind offered than the sol diers want to use, they cau sell it o oxchange it for something else. done with articles thut are issued in excess of tho et ual domands of some companies.’” £ We wish to muke a suggestion to persons | troubled with rheumatism. vlications of Chamoerlain’s £ain Balm, 1f that does not briug relief, dampen a pieco of | tlannel with the Pain Balm and over the seat of rain is almost sure to relieve the pain and by its continued use many severe 0ases rmanently oured. druggisie, or chi labor soldie 7) upon death on the outside, but perfect secu Be 8 Sold wherever locks sell. K INDIA Person ruids shc hair is dyed if of nature, Imited, courtin and fresh lifetothe | 9 Purk Place, N. Y. | Artnn Tossy colo Price, 1. Offic null an All druggists. Soldie. and Sailors, Seamen and Mar- ines in the United States N since the War of the Rebellion, the service on from the servic duty, Widows regular vice since the War of the lion, or after discharge from the service, from a cause originat- ing therein, leaving years, ara entitled to now dependent upon their own Depre iation Act of March 4 181 Simple and harmless, orbs. We will pay ** Pure Blood, Perfect Health." 1999992999099 99299090990900900 00N EGULAR rmy an d Navy wlar Army @ 1ave been discharged from account of dia es incurred therein while he line of duty, are Lntitled to Pension same rates and under the conditions as persons ren- dering the same service during War of the Rebellion, t that they are not entitled * the new law or act ¢ June 27, 1890. Such persons ave also entitled 1sion whether discharged on account of lity or by reason of expir- of term of service, i, in the service and line they incurred any d, injury or disease which disables them for mannal and Children sons rendering service in army and navy ce the War are Entitled to Pension ifthe death ofthesoldie » wasduae service, or occurred whils 15 in the service. Yarentsof Soldiers & Sailors in the United States ser- Rebel- no widow Id under the age of sixteen pension if for support, whether tha rever contributed to their support or they were dependent him at the time of or not. his FOR INFORMATION OR ADVICE As to title to pension, ADDRESS R\ € § DT Bureau of Claims JOM 220, BEE BUILDING, NDEPREDATION CLAIMS 1s who haye lost property from Indian onld fite thoir elatms under tho Indian e tino ls an the claims are tuken up by tho the order In which they are rexoived. Take Notice thatall contracts enterod into with attorneys prior to the Aot are mals 1 void. lnformation given and all = | clnims promptly attended wo by the SOLDIERS' FEED. ogulation Army Ratlo from i T, “T'he thoy want to eat if | F The trouble with some of s that they bave gotten into the their rations, way v this way run & short at limes on somo When the department issuass more penda ot W all coll | ofice of Boutrs, | This is frequentiy bacen aud onions and a few other | Of 1l bid A Suggestion. Try & _fow ap bind it on The first appiication have been 50 cent bottles for sale 2, by the Bonrd Pluns and spoe!fi I e hourd Hastings, lowa, Murch 14, 1802 BUREAU OF CLAIMS. ¥R0 Bee Bullding, OMAHA, NEBRASKA M5 Turesu iy guaranteol by the oneer Press and the San t Water Heating. proposals will be recoived nntll April tors of the In- it schoul district of Hastings, low Ing apparatus for u %, Dids iy bo with 5 or Fid 1o} Witer ho: lons way be seen at the wrehiteet, Councll unlorsigne Csorves the Hikht 10 reject nny ds. K5 McDoxovam, Tecrotrry. MIT 2. A oW o nond_the marvelous ¥ ody CALTHOB free, unranioe that CALTios will Dlachargos & Finlasion : Roemmatarrhon,Y arleasile oI gor. it and pay if satisfied, Address, VON MOHL €O, Bale American Agents, Cincinuall, Okis. Morpaine fia cured 3 1040 20 da: B.J BTEFRENS.Lobassa,