Omaha Daily Bee Newspaper, June 12, 1892, Page 3

’ . FAVORED THE OLD BOARD Omaha’ Fire and Police Board Uase De- cided in the Bupreme Court. POSITION ¥R, SMITH'S SUSTAINED Governor Boyd Had no Right to Dismiss the Members Without Cause, Properly Preferred -8 © of the De- cision ~ otes. LixcoLy, Neb,, June 11.—|Special to Tur Bk |—The supreme court has decided that the governor hus no power to remove a mem- ber of the Omaba Board of Fire sua Police, except for official misconduct and upon charges specifying the particular act or acts 10 be proved and an opportunity 1o be heurd 1 open defense, This accision refers to the case of the state of Nebraska, ex. rel., G, H. Hastings, attorney generul, against Howard B. Smith. Mr. Smith was appointed a mem- ber of the board on May 2, 15%), and covtin ved in thut office until February 23, 1892, when he received a letter from Governor Boyd, informing bjm that e Laa been removed, Toe leiter of removal merely stated that 1 bave this day removed you, for cause, from the oftice of fire and police commissioner for the city of Omata.” On the sume day Governor Boyd appointed D. Clem Deaver us Lis successor. Notwithe standing Deaver's appointment, however, Bnith declinea to give up bis oftice. Deaver commenced aa uction to ou him from the office und i order to test the matter Attorney General Hastings comwenced quo Wwarranto proceedings aguinst Smith, In his answer Swith raised the pint of law ihat the governor had no power under the statutes to arbitra iy remove a member of the tire and police commission. To this answer a general demurrer was filed by the attorues general, thus presenting the real question involved, viz: the power of the governor under the charter of the city of Omaha to reicove mein- bers of the Boara of Fire and Police Com- missioners for cause other than official mis- condnet, or for the cause named, without chargos and _an opportunity 1o be heard in their own defense. Mr. Smith's Position Sustained. The supreme court today handed down an opinion overrcling the demurrer. After re- ferrivg to the statutes fixing the limitations of the Omubia charter, tho syllabus govern- ing the opimion say The act approved April 0. 1801, by which sec- tion 143 of chaper 12, compiled stututes of 181 (churter of the city of Omaha).was so amended as to provide for the appointment as firc und police commiesioners of said city of members of the threc purties ~asting the Iarzest vote at the lust city election does not take cffect until the expiration of the terms of office of the two commiss.oners who were appointed In K30, general provision in scction 172 of the charter of the city of Omaha for the removal of officers of the city by the district court does not apply to members of the Board of Firs und Police Commissioners, The proyision of section 12, urticle V of the const powering the covernor to re- nppointed by him, appiied ientioned in the constitution w there is nofixed term of and the incumbent holds during the re of e uppointng power, the power oval is discreticmiry und muy be ex- ercised witheut natice or hewring. Where the incumbent is clected or appointed r o definite term and is removab ¢ only for specified cause, the power of removal cannot be exere sed until there hns been preferred inst him spec fie churzes of which e shall hiive notice and wn_opportunity aforded him 10 bo heard in his defense. By the churterof the ecity of Omaba the governor is nuthorized to remove members of the Board of Fire and Police commissioners oniy for use thereln nan cial misconcuct und upon char. the particularact or acts to &n opportunity to be heard Tcpse. ‘The question wh 1s Judivial in the are cnsitied to viz: Offi- specifying e proved “und in their own de- cther the power to remove nse thut the oficers named ve the question of eanse therefore heardSby the couris, and If not whether the uction of the cxecutive can be rev ewed Ly the courts is not raised In his case and is not determinod. Justice Post’s Comment Justice Post, who preparcd the opinion, prefaced bis decision with the following genorai comments: *The evident purposo of the provision for commissioners from the different parties is to remove the police de- artment of the greatest city of ourstate rom the influence of partisan politics. The objoct is one to be commended certainly and to which the courts will give effect when possile without Violating tho recognized rules of construc- tion. The wisdom of a division of the powers aud_responsibilities of tho board be- tween the three parties will not be called in question. ® * * The tendency of current opinion is strongly in the direction ot fixed and definite terms of oflice, and in_tayor of making the oficeholder so far as practicable without impairing the public service inde- pendent of the appointing power. 1t ie this sentiment that is expressed in the provisions of the charter of the city of Owaha under consideration. Without further claboration our conclusion is that the charter of the city of Omaha does not authorize the removal of the fire and police commissioners thereof ex- cept for ofticial misconduct, nor until they have been notified of the particular act or acts of misconduct with which they are charged and an opportunity afforded them to be beord in their own bebalf. Special Holiday Pardons. There is a statute providing that two peni- tentiary convicts may be pardoned on the Fourtn of July of each year. An advisory board, cousisting of the waraen of the peni- tentiary, chief justice of the supreme court end the attorney genercl, has heretofore recommended to bis excellency two convicts for pardon. Goveruor Boyd, in considering the subject, was 1mpressed with the idea that this law was urconstitutional. Chief Justice Max- well was cousulted in the matter and has written a letter to the governor 1o the ca- pacity of a member of the advisory board rather than in that of chief justice. The letter reads as follows: Frenost, Neb., June &—Hon. James E Boyd, G ernor: Deuar Sir—Chupter 36 of the 8088100 Inws of 1880 provides, “Thut on the 4th duy of July 1o each year the governor of this state may. in his discretion, grant und issue wn unconditional pardon to two conviets in the penitentiary who bhave been contined Ahereln for ten yeurs or more, and whose con- duct while incurcerated in the penitentiury Bius been such us to entitle him or ber (o the benefits of the good tine act. “ec. 2. Suld purdons shall be fssued upon the written recommenantion of the warden of the penitentiury, the attorney s eneral, secre- tary of state und the chief justice of the su- preme court. ~%ec, . This netshall not be construed or taken to abridge or deny thie power now vested In the governor to grant pardons, but shall be in nddition thereto You willobserve that there s In fuct & spe- el act. which provides for a speeial bourd to Tecomuiend the pardon of two persons of o speeinl class at the time stated ench year. [ Lelieve thut the statuto is in conflict with the constitution which prohibits specinl legislu- tion whers s general law will upply, and also in offect tukes away the discretion of the exceutlve in ting such purdons; Lecuus wlthoukh couchied in the lunguage of co osy. the meaning of the statute, neverth Jess, I8 that the governor shull pardon persons for whom the recow nenantions he re muce. 1 way be weil o consider uiso the Bature of the speclal statute. lu gencral, ous but those convicted of murder in the socond degree or ke offense. are lublo 1o be LS ned for wore than te ears; therefore the Low upplies suns convicted of und sentenced 8 such sen lusive'y 1o per. he second de; small proportion 10 the ver the offect s thut the punishwent for murder in the second Gezroo snd other ke serlous crimes in uny event 15 but ejeven or twelve yoars in the pou tentiury, Whethor the numerovs lom- ides in the state fora fow yenrs past huve, 10s0me extent been cuused by this statute ixa matter of mere conjecture: but if life wnd property wre to Le prolecied, ihe law must be permitied totuke its course, 1he suprewe court of this stute, frou its orgiu- 12 1jon, lius earefully rend and cous.dore | the ev dence inthe muny voluminous criminal cuses which huve come before it. and his never heshated tosot aside 4 verdict where 1ho evidenco falled 1o eatablish the zuliof the accused. 1 can imugine uo : reater wro thi 1 conviet # person of offcnso of whic! is cont. 1t possivie with st care on the pait of the s it & person be wrong- fully convicted of un offense, or facts In exténustion 1 e fortheoming after the trial Lo wll sucki cases the matter of granting & purdon is broperly piuced in the hunds of he exceut bo exercised Or not us 1o him TUAY seein proj wfter a fail investigution of aii'the facts. There s no divided responsibil- 11 the fuct is 0o divided responsibil 1. The coutliution places the duty upon i uud B0 0BE else. And any Attempt 1o shift | #5 00 Lo & speciul Lourd for speciul cases iv bn y view in contravention of the constitution. In conciasion 1 desire to say that at any time. 1f | was convinced a meritorions case for par. don was presentod. it would aflord me pleas ure to sign u r imendation for the same. Yours very respectfully, SAMUEL. MAXWELL, Chiet Justice. Tt is understood that the governor will exercise his power to pardon convicts on the Fourth of July irrespective of the advisory board and regardiess of the fact that in past vears this board had recommended convicts for pardon. These Will Gradaate. The faculty of the State university today recommended the following students to the Board .f Rogents as entitied to degress : Bachelor of Arts: Horace S. Clason, Homer Edmeston, Eugenia Gotner, Mary Hulihorsy. Frederick Hvde, Lydia Mullon, Walicer Pilsbury, Josephine Freeman, Dan- iel Worth, Bachelor of Lettors: Charlotte Andrus, Edward Brown, Mmnerva D2 Pue, Stela Kirker, Cora T.vons, James McDonuid, Emma Pound, George Sheldon, Charles Skiles, Lura Stockton, Thomas Williams. Bachelor of Science: Samuel Avery, James Barkler, Theophile Brugger, Charles Chandier, Rupert Dinges, Charles Helvie, Paul Hubbard, Frederick Kenyon, Morgan Maghee, Hugo Netson, Leroy Trover. BBachelor of Civil Eugineering: William Brook, James Porterfield, Bruce Yates, Master of Arts: Jared G. Smith, Albert Woods, James Wilber Knight. Annual Competitive Drill, The artillery detachment of the university cadets teld its annual comvatitive drill on the campus grounds this forenoon. —com- pauy C detachment took first prize and com pany A detachment sccond. Toe chiefs of the winning hment were 1. B. Dinges of company C and R. S. Bulla of Company A. In the individual drill R. ¥, Dinges took first prize and H. . Upton second. ‘I'he annual review and dress purade took place this afternoon and was witnessed by o large numver of people. Governor Boyd presented commissions 1o the following offi- cers: Captains—James A. Barkley, Fred- crick D. Hyde, Morgan M. Maghee, George L. Sheldon, Rirst lieutenants—Charies D. Worley, Cuaries Lobinger, Chandier, Rupert E. Dinges, James B. Mc- Donald, Hugo E. Nelson, Lerov E. Troyer. Second _licutenants — Theophit Brugger, Walter B. Pillscur Irvize In Court. W. H. Irvipe, who shotand killed C. E. Montgomery in this city on the moruing of May 26, made his second appearancs in court 1his morning since the tragedy, His cppear- ance today avas in marked contrast with his demeanor at his preliminary trial. Then he seemed aimosta mantal wreck, Today he had regained all of his wonted combosure, sat crect and faced tne judge with an easy, unconcerned air, When his case was called he quickly stepped forward and listened to the rendiog of the information with but hittle perturoation, He pleaded ‘“‘not guilty" to the charge and his case was set for trial October 3. en Gaffney. wko Charley Thomas Ma; of not guilty. 10. shot and killed 27, also entered a plea His triul was set for October Lincoln In Brief, The barn of W. E. Cumings at Nincteenth and Y streets was burnoelast night. The delogates to the national convention of the Yardmasters association returned east at 2:40 this afternoon. Several hundred members of the Railway Emploges club held a picnic at Lincoln park this afternoon. Svecial trains came in from differcnt parts of the state and a general #00d time is reported. The fire department was callea to Thirty- first and Q strcets at 1 o'clock this afternoon by a fire iu John Nightengale's barn. The building was partly consumed. Lincoln Citizens Ratif, Lincoln republicans ratified the nomination of Benjarsin Herrison and Whitelaw Reid tonight by magnificent demonstrations. Government square and the surrounding strests were packed with a big crowd of people. A band of music and a profusion of tre works enlivened the occasion. The speakers were J. L. Caldwell, W. H. Wood- ward, Franklin_Calins, J. B. Strode, F. J. Kelly, Juige Parker, Captain Billingsley and T. C. Munger. The meeting was more than enthusiastic Edgar's High School Coramencement. n, Neb., June 11.—[Special Telegram 10 Tie Bre.|—The fourth annual commence- ment of the Edgar High school was held in the Baptist church Friday evening. Long before the hour for beginning the exercisos the church was packed from pulpitto gal- lery, not even standing room being left. The building was beautifully draped with tapas- try and decorated with flowers, evergreens and plants. The graduates were Misses Ida Clary, Stella Wailey, Sadie Hawley, Minnie Green, Vita Garduer, Jessie Giazier and George Avery, Raiph Suxton, Mack Carlson, Robert Avery and Ralph Casteriine. Thé dehivery of the graduates was cxcellent and the subject matter of the eleven orations is rarely, if ever, surpassed by any scnool for uniform excellence. The musical portion of the exerelses, ln which Edgar's best talent participated, was a pleasing feature, Educational matters here are on a higher plane and the schools now occupy a position second o no other high school in the state., Boyd County News. Burre, Neb, June 1l.—|Special to Tue Bre.|—Butte is making great provarations to celebrate the coming Fourth of July. Swift Bear and bis bacd of warriors wil entertain the crowa with war dances. Hon. W. D. Mathews of O'Ncill, Hon, J. B. Barnes of Fremont aund Judge Allen of Madison will deliver patriotic addresses, One thousand dollars 1o purses and prem- jums will be hung up. The Butte Guzette, edited by T. Arm- strong, will issue its first number Friday. This will be the only aemocratic paper in Boyd county, aud makes three publicauons for Butte. Beatrice's New Hotel As BeaTRicE, Neb., June 1l.—|Special Tele- gram to Tue Bge.]—The entire amount of the $100,000 stock required to insure the building of the new Hotel Blakel at the corner of Fifth aud Ella streets, this city, has been subscribed and the enterprise is an established fact. Work will begin at once on removicg the old opera house, and work on the excavation for the new structure will commence immediately thereafter. The building is to be & four-story pressed brick frout, with & frontage of se v feet on Fifth and 140 on Ella street. The building proper is expectea to cost mot less than £85,000. i Army Officers as Witnesses, Fort Ropixsox, Neb., June 11.—[Special Telegram to Tue Bre.]—Dr. Raymona, U. S. A., Captain Garrard, Lieutensot Packer and six enlisted men left here tonight for Omoha, They were subpwnwd by the United States court at Omaba as witnesses in the Miadleion assault case. Colouel Stanton paid the two companies of the Eighth infaotry stationed here and starts for the Ninth cavalry camp on Clear creek, near Powderriver, Wyoming, tonight 10 pay the six troops of the regiment camped here, red. Killed a Clrcus Pet. Graxp lstaxp, Neb,, Juoe 11.—[Special to Tue Bree.|—A hbuge bear was discovered esterday attacking & cow belonging to H. Sasson near St. Libory last night, Mr. Sasson shot at the beast but ouly wounded the animal, which immediately turned on bim, A neighbor came 10 the rescue with a winchester aud killed the bear. The bear was the property of a mas who has been traveling over the country exhibiting two of the animais. The owner pald & damages. Many Visitors Expected. Graxp l:1AxD, Neb., June 11.—Special to Tue Bee.|—Fully 2,000 visitors are expected 10 attend the annual convention of the Platt- deutch Ceutral Vereln von Nord Ameriks, which takes place here from Friday, June 17, to Tuesday, June 21, luclusive. The local commitiee on evlertainment is ready for thew, and & rousitg conveution is expected. Thrown from s Horse. Dussag, Neb., June 11.—[Special to Tue Bee. |- J. F. Bogue, & farmer liviog two wiles and o balf west of town, was badly bruised yesterday by belog thrown from & horse, and the snimal stumbling and falling ou ki, ebraska's Death foil, Hasmixgs, Neb., June 11.—[Special Lele- graw 1o Tus Brg.]—It is currently reported bere today thut Dick Thompson bad died in | of Harrison is received wilt Lne greatest 1 a St Joseph hosvital. Thompson was for # long time & prominent jou roalist here, and onee enjoyed the distinction of being the democratic candidate for secretary of state. He was always a good fellow. He recently edited a magazine at Ashland, and was next beard from ina St. Joseph hospital, where be had an attac k of jaundice, SUPREME COURT, istons Fanded Down by the Nebraska Tribunal Yesterday. Lixcory, Neo,, June 11.—[Special to Tue Bee.)—The suprems couri togay tanded dowan opinions in the following cases: Gillespi the City of Lincoln. from Lancaster county. Aftirmed. by Mr. Justice Post. A city is not lisble at common law for the gligent aets of the wembe of its fire de- uriment. Pl ntiffs intestate was strack and killed by Error Opiuion a lndder wazon of truck bejor o fire deparcnent of the defendar sush he ne:ligence of the ariver tl men ber of sald department, whiie dri lon: one of the strects of the eity for the porpose of exercisin c n team of horse department. Held that the city is not lable. Smith & Co. vs Boyer & Davidson, error from led Wiliow county. Afirmea, Opinioa by Mr. Justice Post. In roviewinz an orler of the district court or u judge thoreof, dis:hirz n_ ateach- ment. the ev e bein : conflictinz, the samo presumption Alis In favor of the corroct- ness of the rulinz conmpiained of. as in cases of finding und uent upoa a formal trinl, The order of ¥ discharsing an attachs ment in such cise will not be disturbed by th's court unless it is clearly agalnst the weizht of evidence, Pawnea Couuty vs Storm. Puwnee county. Affirmed. Mr. Chief Justice Maxwell. belonzinz to the Error from Oppinion by Under the statute of the county board upon lvinz public notice t 1 the newspapurs asrequired by law and comp.ying with the 1uw 1u other respects, may losaie w valld pub- e road throuzh the property e or of the land owners, aithouagh he has uo ;wlice of the procee lings while they ng. Notica in a newspaper is constru ctive on'y. und while 1t is sufficieat to zive the county bourd jurisd ction, it cunnot deprive the land owner whose property has baen taken and nad 10 actual notice of the procecdin s to locate the roua untll after the time advertised for filing clulms for damages had expired. from recovering compensation within a reasonable time after he has such actuai notice, the uctunl appropristion of the property. Conuor vs Draper. Error 1rom Cass county. Afirmed. Opinion by Mr. Justico Norval. Where, In an action tried toa jury there s evidence tosustain the verlict, the suoreme court will not set it aside anl rint a new trial because the bare prepon ierance of the eviden seerns to be a:; nust the verdict. Held that the lnstractions fairly subinitted the fssue to tho jury. When documentary evidense is excluded on the trinl the sunie must be incorporated in the Lill of exceptions. in order that this co.art iore ctual are pend- may review the rulings of the trial court thereon. The Lancaster County bauk vs Hora, Brror {from Lancaster county. Afirmad. Opinion by Mr. Chief Justice Maxwell. An assignment by a debtor of p:rreonal property for the benefit of creditors will not be invatid beciuse not recorded. If le | in the conty clerk's office withln tweaty-four hours after beinz made. An assi:nment for the benefit as lusecures an eguitabie distribution of t he proceeds of the debtor's property among his creditors will be sustained if possib e, Where the ussignee bus tuken uctual and exclusive possession of the personal property assigned such possession cannot bo disre- garde | Ly third pirties on the ground of want of notice. The stitue merely provides for u registry of tho instrumeat. Oskawp vs Gad .den. Error from Douglas county. Afirmed. Opinion by Mr. Justice Norval. 5 Defendunt called sturion ut Schuyler. of credito rs t the publle telephone Lasked the operator Lo request plaintifl to step to the teiephone In thelr pluceof business in Omahi, us he desired to converse with them. He. one of the plain- tiffs. answered th {, but owinz to the con- dition of the utmosphere the parties wore un- ab.e to converse directly with each other. The telephone operator ~ at Fremont, un intermediate ~stution, proposed to and did transmit defendant's message to plulntiff, offering to sell thewm n quimtity of fendunt thelr answer accepting position. In un action for u br contractit was held that the conversation was ad wissable in evidence. and that it was competent for the defendant to state the con- tents u(Jn wIntifl's unswer to his mecssaze, as repeated by the operator at Fremont, at' the time it canie over the wire. ootlc vs First Nationai bank of Chad ron. Error from Daw.s county. Reversod and re- manded. Opinion by Mr. Justice Norval. When £00ds ure sold upon creait Induzed by the fradulent representations of the pur- chuser as to his financiar ability, the vendor may rescind the contract within'a reasonable tinie after the discovery of the fraud, upon a return. or offer to return, the consigeration received by him and reelaim the goods as winst oy one nota bona fide purchaser for value without notice of the fraud. Hut where the fraudulent vendee has sold part of the goods to Innocent parties. the original vendor may retain of the considera- tion un amwount equal 10 the value of the x00ds parted with by lis vendee, and tender the balunce of the corsiaeration. When goods obtained by fraud have been wortzaged by the fraudulent veadeo solely to sccure u pre-existing debt due from him to the mortgagee. the latter cannot claim the protection which the Inw affords an innocent and bona fide purchaser of property from a fraduient vendse. The petition cxamined and_held to state . good cuuse of action n replevin The Fremont, Elkhorn & Missouri Valley Railroad company ve Mattbies. Lrror from Douglas county. Reversed. Opinion by Mr. Justice Pos! In this state the special remedy pro by the statute for determining by cond tlon proceeciugs, the damage 10 lind when part thereof is taken for rizht-of- pur- poscs by u rafiroud compuny is exciusive. Republicun Vulloy railroad” company v Fink, 18 Nebraska, 52 A petition for the appointment of cou- missfoner to appraise dumage for the tukmz of property for Fight-of-way, which sets forth that the potitioner uesiresto zcquire a strip 100 feet wide through a particulur tract, and refers 10 4n accompanying plat. {or . iaore particulur deseription is sucient. . and he also repeated to de- the vided PLEASED WITH HARRISON, Nebraska Republicans Satistied that Vietory. Is Now Assured. Favis City, Neb., June 11.—|Special to Tur Bee]—Tbe nominations of Harrison and Reid were received here with enthust- asm. Thberevulsion of feeling among Blaine's former supporters, siuce his resignation as secretary of state, is surprising, ana had he been nominated there are scores of republi- cans here who would not have supported bim. Richarason will give 400 majority for the ticket. Cray CexTeR, Neb., June 11.—[Special to Tue BEE, |—The news of Harrison’s renomi- nation reached here yesterday evening and tho boys fired cannon in bonor of the event. AsuLaxb, Neb., June 11— [Special to Tug Bee.|—The republicans of this city were more than pleased with the renomination of President Harrison. He was the choice of the republicans here from the start. z Friexn, Neb,, Junell.—[Special Telegram to Tuk Bir.|—The republicans of this city held a rousing ratification meeting this even- ing. Hon. W. S, Simmons of Lincoln ad dressed the weeting and there is considera- ble enthusiasm. The nomination of Har- rison is giviog satisfaction to republicans bere. HovLpieor, Neb., June 11.—[Special Tele- gram to Tue Bee |—The republicans of this county beld an enthusiastic meeting here to- uight, ratifyiog the nomiuation of Harrison and Ieid and 1o organize a republicau club. E. A. Washoura was chosen chairman and H. E. Bush secretary. The club starts out with about 150 members, all enthusiastic for Harrison. CanpRrivGe, Neb., June 11.—[Special Tele- gram to Tug Ber.|—Five hundred entbusi- ustic republicans ratificd the nomivation of President Harrison at Cambridge. The assembly was entertainea by brilllaut speeches by Colonel Henderson, J. C. Game bo!, Rev. Mclyeal and C, M. Brown. Neb., June 11.— Special Telegram to Tue Bee. ] —There is great rejoicing here among repuolicans over the nomioation of President Harrison. Hundreas of inde- pendents iu this county are sure to vote the recu blican national tickel tus fall VaLtxTivk, Neb., June 11.—[Special Tele- gram 10 Tiie BE ‘ne repuolicaus held & ratification weeting bere tonight which was largely sud enthusiastically attended. Sev- oral speeches were mudo and tho work of the Jast four years gone over pretty thoroughly. Ou the streets today not a criticism was beard of Presidgent Harrisou’s administra- tion aua all opponcnts couceds that be is by fur the strongest candidale that could bave been named. - He will be particulariy strong with the farmers wbo lean toward the lnde- pendents. Goxpox, Neb., Juve 11.—[Special Telegram 10 Tz Bek. | —The news of the renomination THE OMAHA DAILY BEE: JU SUNDAY tisfaction and enthusiasm. waving and bands are plaging. all right: Nebraska Farmers o CrAy Cexter, Neb., June 11.—[Special to Tue Bes.]—This city bas presented a tively scene for the past week. The streots have been crowded with teams until the cavacity of the grain elevators was exbausted, and the scarcity of cars made it ircpossible to relieve them, Farmers are begitning to complain some on uccount of dry weather. Therc 1s plenty of moisture in the ground, but the surface bas become quite dry and hara, Flags are Harrison is Want Henvy Damnges, Mantsox, Neb, June 11.—|Special Tele- gram to Tur Ber.|—Civil action has been commenced in the district court by Mr. and Mrs. John Griswold against Drs. Hutchin- son and Foote for £20,00). The complaint alleges that a recent oparation performed was unskillfu Dan 1y Woanded. st Bexn, Neb., June 11.—(Special Telsgram to Tur Bee.|—While plaving with a revoiver, Earl Brown, 0 years of age, shot himself in the side, making a very serious wound, Doctors have probed for the ball, but have not found it. . Sent to the Reform School. Beatmice, Neb., Juve 11.--[Spocial Tele- eram to Tue Bee.]—Harney Huston, a minor of Cortland, was today adjudged in- corrigible in the county court aand ordered seut to the reform school at Kearney. o C ferred the Black Uross Degree. Br.am, Neb., June 11.—[Special Teiegram to Tug Bee.]—The Knights Templar of this place conferred the Black Cross degree upon Prof. Atkinson of the Omaha agency schools this evening. J. P. Latta and George Green of Tekamah wero down as visitors. IR T WILKINSRUSTIN'S FUNZRA Sad Ceremontes at'the Homo of the Young® Man—Grief at Yale. Captain and Mrs. C. B. Rustin and their son, Fred Rustin, arnveaat 4 o'clock Friday evening from New Haven, Coun., with the remains of Wilkins Rustio, who met a sad and premature death at New Haven on Mon- day, June 6, as the result of injuries received by him while being initiated into the D. K. society of Yale college. The sorrow-stricken relatives were met av the depot by a company of friends and the casket was taken at once to the family resi- dence at 1632 Harney street. The funeral services wera held yvesterday afternoon, Dr. Duryea conducting the religious ceremonies over the departed. The floral offerings were superbly beautiful. The sopbomore class, to which the deceased be- longed, sent a magnificent pillow of roses and smilax, and the D. K. E. fraternity ten- derly remembered the young man who w about to become a member of tnat soclety in the presentation of a handsome shield com- posed of variegated roses and lilies. The floral gifts from friends in Omaha were numerous and elegant, for the deceased was very popular among bis nuw.erous acquaint- ances in Omaha. The funeral was largely family is one of the oldest and most re- spected in the city and many bundreds of people sympatbize with the bereaved family. Following are the pall bearers: W.G. Doane, J. W. Broatch, V. C. Caldwell, A. H. Preston, W. G. Prestor, Augusius F. hountze, Jobn Patrick and Will Hoagland. All of the pall bearers are Yale men. The body was interred in Forest Lawn cemetery. attended. The Merely Cruel Folly. Touching the manner of bis son’s death Mr. Rustin said tkat he was thoroughly con- vinced that the reports tending toconvey the impression that the acadent waos a case of premeditated malice or intentional cruelty on the part of any of the young man's assoriates were ectirely misleading. The ridiculous ceremonies through which the members of the D. K. E. society were obliged to pass were not necessarily daugerous, and this sad incident was an accident which none had foreseen. His clussmates were all shocked and sorrow-stricken by the tragic ending of the evening's sport, which thoy had in- tended to be only a little rough and ridiculous. “It was cruel folly,” said Mr. Rustin, ‘‘that is about all that can be said about it. My son was popular with his cluss and I do not believe for a moment that any of them would have permitted the aoci- dent to occur if they had foreseen it.” How the Accldent Happened. Mr. Fred Rustin, brother of the deceased, who is also in_Yale, explained the exact manner in_which his_brother reccived the fatal blow that ended bis life. It seems that the ceremonies of initiauion were slmost fimshed at the time Wilkins Rustin and severul others who wers being initlated nad been out on the campus, where they were compelled to sing songs and go through several diculous performances. The final act was to make a run_down the street to- ward & restauract, where the hoodwinks were to be taken off and the novitiates were then to be given some refreshments, con- cluding the coremonies. As the party entered the street through which tho run had to be made some one cried out “run” and off they all dashed. Young Rustin, although blindlolded, proved to be the swiftest runner of the lot, and s it 18 the well known custom of the society to mako the applicant ruu a second time in case he falled to do his best on the first attempt Young Rustin decided to make arun the first time that would free him trom a second demand of that kind. When the parly hadrun some distance and had almost reached the restaurant where the refreshments were in waiting, the mau who had Mr. Rustin in charge saw a hack stanc- ing in tho street and fearing his blindfolded companion would dasn into it ne called to him to stop. But Mr. Rustin was some distance ahesd of his guide and having the bandage about his ears as well as his eyes it is believed that he did not hcar the warning, for he ran against the tongue of the buck with tremendous forco and fell pros- trate on the pavement. Thepoleof the ve- hicle bad struck uim fair in the pit of the stomach, He lingered from Wednesday evening until Monday worning, when be ox- pired. Stories wers spuead broadcast to the effect that the deceasea bad been cruelly bazed to death, and other reports stated that two of the guides ran by Rustin's siae until he got within a few feet of the hack pole sod then called o i to *‘Look out, there comes & wagon,” and acliberately giided him to his death. Theserumors are uot believad by the relatives of the deceased, as stated above. They are convinced that the untimely death was simply an accident resulting from care- lessness. Grief at New Maven, Brief funcral services were beld on Wednesday at New Haven, all the members of the class being excused from duty to tend. Speaking of the incident the New Haven Daily Morning Journal of last Weduesday said: *Nothing, perbaps, bas cver cast such a general gloom on the campus. - Thedepressing effects of the un- fortunate accident is everywhore apparent. Just before the operation was performed on Rustin his n.ost intimate friends passed through his room and sald goodbye to bim. The sight was a deeply touching one, young men with life before them saying goodoye to @ friend wbo bad ‘been so barshly taken from them. manly was Everywhere the nobie, character of the dead stugent eulogized. He Was one of the men who made Yale a pleasant place to be in. Naturally the blow falls heaviest on his fatber and mother. He haa written them glowing letters about the pleasure he ex pected to get from the society to which he ed been elected. Toe societies feel keenly their share in ceusing Rustin's death. Psi Upsilon sud D. K. E, the two leaging junior societies, adopted the following reso tion last night: “Resolved, That every candidate shall as- sent to the oath of the soclety und sbhull sign the constitution. teso.ved further, That the Initiation cere- mony sl be the above and nothing more, T'he sophomore class also passed resoiu- tions oxpressiug ihe sorrow of the entire cluss ocoasioned by the sad accident, eulogiz- 10g the deceased and declaring that 'the class as & special wmark of respect should wesr badges uf mourning until the end of the pres- ent school year.” o The W. A. Page Soap Co., are pub- lishing each week a different 'list_of ten merchants who sell Union soap. Waten for your grocer’s name, N ~SIXTEEN PAGES PREPARED FOR THE OPENING Arrival of the Companies for the Natienal Competitive Drill, PLEASED WITH OMAHA'S RECEPTION mplete Program of the —~Mon- duy Will e an Interesting Day at the Camp-—Work Wil Com- Earty, Occas! mence The famous Belknap Rifles of San Antoaio, Tex., arrived in the city at § o'clock last evening. As usual the company had bed luck all the way up on sccount of delays, wrecks, ote. A detatchment of Omaha Guards com- mandod by Licutenant Wilion met the new arrivals and acted as an escort to bead quarters, The men were pretty well tired out after their long ride and were very glad when their journey’s end was reached, After reporting at headquarters the com- maad marched to the Murray hotel and had supper. While the company was waiting at the corner of Sixteenth and Farnam for the cavtoin to make his report to Secretary Aitenison, the Texans let loose their old time yell which has beeu heard on every arill ground of auy importance since the organ- ization of the company in 1884, It runs like th “Hip, hip hu Belknap, maverick, ‘fexas, one, two, three.” Zip, boom rah, Proceeded Lo Cx Immediately after supper the command proceaded to the camp. It was impossible for some of the Belknaps to come with tho company, but the few who were left benind will reach Omaha Monday. Roster of the drill: ~Captain, Robert B. Green; first lieu- tenany, John F. Green; second lieutenant, 1. C. Baker; sergeants, Charles Nortor, Jumes Findlay, David Watts, Wil Jones, Per Richardson; privates, Mr. Becker, C. C. Smith, Frack Smith, 8. Wolcken, Mcadoo, J. Tugwell, M. Sowday, W. Das- comd, J. Durneil, C. Bee, B. Ree, 'I. Bee, W. Alexander, J. Jones, I. Jones, 'W. Webb, A. Blum, f. Dukel, C. 'Harden, 'B. Ander- son, H. Bacon, H, Baker, R. Hickman, B Hernundez, E. Walton, W. Trommer and N. Winstead. Program. The program as arrangod for the first three days is as follow Monday, Jun concert 11 to Arrival of tro . 12w, formal openinz of Colonel H. 18 Mulford. pres- Competitive Drili nssociu: tion, commanding. Welcome to state, Gove ernor Janes E. Boyd. Welcome to city. Mayor George P Benils. Response on bebulf of asso n and presentation of Captain Willi tichards, Sixteenth United Statos as commandunt of camp. John E. Aitchi- secretary Natlonal Competitive Drill ns- sociation; ralsing of flag over headauarters, 0 p. .. meetine of officers in cach class of drifis at headguarters. 2:00 j ni.. presenti- tiou of spousors, chuperones and malds of honor 10 officers, 3:00 p. ., guard mount 401D, 11, t0 5:00 p. 1., practice drill by maiden infantry, zounves, Gatling an artiilery com- panies " “— p m.. grand dross parade. — . i grand militury band concert. “Tucsday, June 14.—:00n. m.. guard mount 0:45 0. m... inspection of companies whicl are 10 drill this day, 10:0 ouivel Wulsh zounves of § tn William Hey min. 11 ing rifles of Sul- captain J. E. Jo ational) Fletchier rifles . captatn John A, Miteh uha guards of Ow captain Eumford. §:40 . Uen Conipany A, ninth infantry, Oaiifor- intionul zuurds. Sun Diego, Cal.. capt band n fnfan- % Speleman. 4:0 b, m., wrtillery) Dicka ) it artillery, Danviile, Til., lieutenant W. 0. Hollow 6:00 p. m.. grand strect purace. A purade of ail the companies in attendince und the entire second infantry. Unitea Stutes of armv under commund of major Willium 8. Worth, United States of ury. Weédnesday. June 5—0 a. m., guard mount. 10 . m, inspeccion of compunics which will drili durinz this day. 10:3)n. m.. Natlonul Omaha Guards, O1 Captiin F. E. B 11:30 . ., Gatling Cincinnati Light Artitic Ofneinnati, Cuptain Fred J. . Zounyes, Chilhowee Zous aptain W. I. Chandler. m battle: arealistic repi Lie most famous batties known in history: all of the troops will participate in this grand batt!e and the forces on both sides will be comma by United States army . Grand flitary band concert after sham batul Exhibition dril! 7P . d1ess purade. 7:80 p. m., grand military band con- cert. Unless otverwise ordered the hours of calls of service and roll calls at the NatYonal Compeuitive Drill sssociation encampment, Omaba, Neb.. June 13ta to 20th, 1862, sounded as follows : REVEILLE. icrman. 1 < of IKnoxy FirstCall..... Assembly. i Breakfast Mess Cal Surgeon's (sick) Cull Fatigue (police) Call. 77T GUARD MOUNTING. First Call....... Assembly ... INSPECTION, First Call.... Assembly. First sergeant’s Call Dinner Mess Call Supper Mess Cull. 0 Pt DRESS PARADE, First Call..... 5 Assembly ... 5 Retreat.... ... Tattoo. 1085, Tups . 10:350 p. Drili‘ealis will aiso be ‘Sourded for com- pany competitive drills twenty minutes be- fore time of compauy to begiu drill; assem- bly, ten minutes before time of drill. Re- ca'l from driil will be sounded at expiration of time allowed for drill, and companies will stop promptly at ibat time. Encampment Notes. Dross parade will be beld every evening at 7 o'clock. Captaip Jogce of the Avon Rifles, Cincin- nati, notified Secretary Aitchison yesterday thut it would be impossibie for the compuuy 10 attend tho drill. The spousors, chaperones and malds of honor have been requested to sttend tne opening ceremony &t noon ou Monday. After the addresses by the governor and Mayor Beinis the ladies will bo introduced to the ofticers of the companies which they will represent. BUY A CAKE OF SACL B G SOAP and thank me for calling ‘ your attention to if* : MANUFACTURED ONLY BY BAKING s POWDER. K.C 25 ozs.for 5. ABSOLUTELY PURE. JUST TRY IT. PAXTON & GALLAGHER, Omaha,Neb [RE! FIRE! [nsurance Gompany's Orders. Stock must be sold regardless of price. to go as quickly as possible, Clothing at Fire Sale Prices. MEN’S SUITS. MEN'S SUITS $2.60| ©ur Entire | Mefil’g'ggits “ Fi;leg%(a)lflars. J Everything hay All ladies will be admitted to the grounds free on Monday up to 3 p. m. Brigadier Geueral Brooke, U. S, A., has sccepted the invitation of Secretarv Aitchi- son Lo review the parade on Tuesday evep- ing. ‘Pbe Omaha guards, including the gatling section, went into camp last eveuing, Bugler Daly ot the Second infantry has been employed by the managemeut to sound the calls. The orderlies detailed from the Omaha guards for duty st beadquarters yesterday had a busy time of it. ‘oday will be 8 busy one for the detach- ments of guards detailed to do escort duty Companics will be arriving today. Captain Boyd of the ~ealy rifies of Galves- ton is well pleased with his reception yester- day and is particularly pleased with the camp grounds and the quarters bis company has been ussizned. The new white duck uniforms of the Sealy rifies are much admired, Governor Boyd bas been given an invit tion 1o welcome the visiting militia organiz tious that may participate in the uational drill in Omabia iu bis capacily s comman der-an-chief of the Nebraska National gnurd, The governor will next Tuesday evening re- view the militia column with his staff and also with General Jobn R. Brooke, U. S, A., commander of the Department of the Platte, and staff. The reviewing stand will be upon the balcony of the Paxton botel overlooking Farusm street. Company B, Colorado National gusrds, ver, will arrive over the Itock island at this afternoon. The Dallss (Texas) Laght artiliery will ar- ve by the Burlington at 6:40 tuis morning. The Missouri Pacific will run a special train for the Fletcher Rifles of Little Iock, Ark., and the party, numbvering nearly 150 bersous, will arrive st 10:30 Mouday mora- g A telegram was received by C. B. Alteh. ison, secretary of the local association of the national drill, that the Cincinnati Light artillery will arrive in the city at 5 day moruing. A telegrem from Davenport, la., says that Devhin’s cadets will arrive at 5:50 Sun- dsy morning, MEN'S SUITS §3.00 MEN'S SUITS $4.00 ‘CHILDREN’S SUITS. Children’s suits, ages 4 to 13, 60c. Children's suits, ages 4 to 13, 90c. Privilege of any CHILD’S SUIT in the house at $1.50. Boys’ Knee Pants, 10c, 4oc, 75c and $r1.00. 25¢ and 35c, usual price HATS. Men's fine Derby and Soft Hats, 50¢, 75¢ and $I, usual price $1,25, $1.75 and $2.50. MEN’'S SHOES. Men's Working Shoes, 59¢, 79c¢c and 99c, usual price $1, $1.50 and $2. Men's Kangaroo Low Shoes, $1.25, usual pricz $3. See our Bargain Table of Shoes. Balance of Fire Stock Furnishing Goods at One-Fourth Regular Prices. WESTERN CLOTHING CO, 1347 and 1319 Douglas Street. The UNPRECEDENTED SUCCESS that the Behr Bros. & Co's. PIANOS Have attained, and the hizh praise they have elicitel from the world’s MOST RE- NOWNED ARTISTS, from the press and from a public loug prejudiced in favor of Ider makes, it is safe to assume taat tha instramz2al must be possssizl of UNCOM MON ATTRIBUTES. MAX MEYER & BRO. CO, Sole Agents, Omaha, Nebraska, Established 1866, DrDOWNS 1816 Douglas Street, Omaha, Neb. The eminent specialist 1n chronie, Iexnn'rrd e u‘l\l'ln e \Nu:;l n‘:~ and o, . splrmator. a pm b by No wercury used. New treatment forloss of vital power, Do treated &t hUme LY SOrreApOndvnoe. Mpdiine Of instramicnle sent bj mell OF express se- el packad. il HArKS Lo LG1CAL CONLBLS OF MDAGT. . OB Mersons] HMrview preforred; | Consuiiation frec. Eorrespondunto strictly privae Mook (Mysteries of Lile) seas fres. Ofoe bours i e . 4 ¥ P, Bundays W w. v 13w Bend slamp for repige nervor vlood, o8 wh0'w. inang unory discases. A i creneliy it o e . ety 87bulIE. strlcture. 4o i Pariies wirbly 1o