Omaha Daily Bee Newspaper, June 30, 1893, Page 5

EX — e SUPRENE COURT DECISIONS Byllabi of Important Opinions Handed Down | from the Bench Yesterday. HARD ON THE IOWA GARNISHEE INDUSTRY Amsignors of Olalins Are Liable to the Dehtor Who is Exompt In Nebraska— Rights of tnd) s Citizens ~Other Polnts. 20, Laxeony, June Special to Tos | Bee.|--In the supreme court today a number of decisions were r endered, several of which are of especial importance as well as of great Interest to tha public on account of the precedents established. In the matter of the garnishment of wages of employes of corporations doing an interstate business, the court holds that the assignor of a claim ‘against wages exompt in Nebraska but not empt in Towa is responsible to the debtor for tho loas of such wages, and that any Judgment obtained on such an assignment in Towa docs not settle the matter as be. tween the assignor and the debtor. This is of especial interest to employes of railroad /and express companies, who have been harrassed by the collection sharksof Sioux City and Council Bluffs. It will probably prove a death blow to that industry. Another point decided relates to the exist- ence of streets in adaitions where the thor- oughfares have not been formally dedicated, It provides that where the streets are pro- longations of thestreets of the original town- site, and have been used for years with thag understanding, valuable private improye- ments being made, which would be rendered Juseloss if tho street were abandoned, nonex- {stence of the strects cannot be pleaded by the original owner of the addition, Chapter lyvii of the Nebraska Code, relat- ’lng to descent, especially involving the righy of an insane wife in the property of an in- testato husband, is declared void because it contains more than one subj Another decision sets at rest the rights of Indians who have severed their tribal reia. tious and taken lands in severalty as citizens of the state, Still another point, which is of more than usual lo interest, i3 that the statute which provides for the coun bringing suit for the cost of support against the relatives of an insane patient, the latter en beclared insane by the county, itutional ph companies are hold to be liable for any loss that may ocour through failure to promptly transmit messages entrusted to their care, when such failure is the result of their own negligence. In this case the rinted notice at the top of the message lank was leld void because if it was o con- tract it was without cousideration and un- Yeasonable. The syllabi follow: O'Connor vs Walter. county. Afirmed. missiotier Ryan, 1. Where there was due a resident of N braska fron a_railrond company ope line of ruilroad through lown und Nel, Wages, which in Nebraska, were exempt fro execution and attachment process, but whic nevertheless, by means of ho clalu agalnst the party xemption, to a resident of” Towa, wore pry gured, by ‘the garnishment of sald rafllroad ompiny In laws, to bo applied to the p nent of sald clalm, the assignor of such claf 15 lublo to such debior for the aniount so ap- propriated without his consent. 2. As betwoon sald ussignor and the party entitled to tho bonefits of such exemption in Nebraska, the proceedings in lowa were in no sonso res adjudicata. Missourl Pacific Railway company vs Baier. Error from Otoe county. Aflirmed. Opinion by Mr. Commissioner Rty 1. A copy of lotters of administration, when duly certitied to be true and correct Sfl ples of such letters as appear from the riginal on filo in the county court wherein such lstters of administration wero granted, ro admissible in evidence with the et as Uho orlginal, 2, A declaration, to be a part of the res gmmr. need not necessarily bo colncident in Error from Lancaster Opinion by Mr. Com- sume oint 'of time with the miain fact proved. t 15 enough that the two are so clearly con- cctod thit tho declarution ean, in the ordl- pary course of affairs, bo sald o he a sponta- hicous explanation of the real causc. an lon by an administrator, under tho piovisions of chapter xx1, Compiled Stat- utes, to recover damages for'thoe death of his Antestate, it s proper to prove the value of the servicos of the decensed which the next of kin f the decensed could reasonubly expect, but or the injury, would have been renderdd in thelr behalf, the natural expectancy of life f the deceased Just previous to recelving the njury which resulted in hor death having een duly shown. 4. The existenco proved und Fum fact. of negligence should bo passed upon by tho jury us any 15 Improper o state o the jury o OF group of circumstances ws 0 which there haus been evid on the trial, and instruct that such fact or group of fucts amount o negligenco per so. At most, the ury should duly be instrueted that such’ cir- uistan tablished by o prop f the evidenice, are properly to be cousidered detormining the oxistence of negliger 6. Under the provi t section %. chapter Ixxil, Cou d_Statutes 'of N, circunista raska, 1t 18 only n y to s right of r overy against o r sho hat the person inju Transporied s B passon ant's line of railrond an sulted from tho manag suld ruilroad—a p that such manag Yigent, and it ca tho [njury aroso from the criminal ne of the paity Injured, or that the inju plained of was the Bowmo express rulo xoad company actu of the party injured Jowa Savings bank vs Dunning, E Saunders county. Aftirmed. O Mr. Commissioner Ragaa 1. A deseription of prope: covered b, chattel ni ge, which .{.x enable Ilnr:‘l porsons, alded by inquiries which the mort- AR Itsolf suggests, to identity the ort g ged FOPErty, {3 NOL CORSLIUCLIVG * notieo Lo Kood afth purchasers thercof for . valuable cone sideration. 2. Whothier the description of property in + chattel mortgage and tho other inquiries which the mortgago suggests itself ure sufficlent to enable third porsons to identify » the mortgaged property Is a question of fact for the jury. Lancaster county vs Holyoke, Lancaster county. manded. Opinion Ragan, The word “viewlng" as found in section 7, chapter xxviil, Compiled Statutes, nien somothing niore than [ooking, seeing, poliol Ing; 1t wiouns inspection and Investigation, a0 Inquiry by the coroner und u jur A coroner can lawfully hold an inquest upon the dead bodies of only such persons s are supposed to have died by unlawful mean, 8. A coroner without tho impaneling of ury as provided by the statute, 1s not entitle 0 iny fees for nspection and cxamination of the body of a person found dead in bis county. flin Vs Svobodn. Appeal from Doug county. Opinion by Mr. Commissioner vine, Under tho hord law, Con ehapteril, articlo iif, a person tody of ¢ )y showing t Error from Koversed and re- by Mr. Commissioner e iy i tile for the purpose of dey the same, ulthough without couy from tho genoral owner, s lably f Qone then upon the cultivated |y other. 2. In such case the person injured s nov confined to the lien provided by ‘statutg, but may malntain an setion for dauia, Involving the ¥ Statut he cus- sturing nsation lumuge ds of u Istenco of Streets. Likes e% al vs Kellogg, adminisi peal from Hamilion pinion by Mr. Commission The owners of a tract of land, having platted 4t a8 an addition to un adjacent town, 50 us to 0w what appoared to be the prolongation of ts stroets (though not so designated), and hay Ang for the period of eight years acquiescod in the grading and public use of sucl apparent strots, the erection of sidewalks thereon and the construction of costly Improvements upon Adjacent privato propirty In such manner Shat if the existence of such sirvels 1s denlod these Lmprovements will bo rendered combar- atively useloss, and Laving ropresented to one party who. on the strengih thercof, purchased & portion of said addition adjoining sald ap- parent streets that such portion would abut Ubon the same us strects, are estopped to deny 0 existence of the strects through such addi- ton of which tiey have thus superinduced such belief wnd the rghunce thercon of the parties who have acted upon tho faith of such Appearances, acts and representations. Raben vs First National bank of Aurora or. Ap- Afirmed. | natura r from Hamilton county. Afrmed Opinion by Mr. Commissioner Irvine. A, the ownor of a note secured by mortgage. u&h‘ud 1ho uote 10 & bauk 10 sccure wi Ta: bteduess from A 10 tho bank. A senior mortgages brought & foreclosure suit, in which A appoared by his own attorneys and filed & cross-bill. A “decren foreclosing both gagos was rondered, a d the land was sold to A stranger. Thoreafter the bank bought the Land from the purchuser, A's attorney in the torcelosure case negotinting the purchase and recolving @ bonus. Later the bink resold at & profit, " eld, that A could not recover from the hank the amount of the note out of such profits. Lo, Fried & Co. vs Bruegman et al from Laneaster county. Afirmed Mr. Commissioner Iyan, 1. Tho extension of tie of payment of & note to the principal by the piyer, upon sufti: clent consideration, without the knowledge of the surety, relpased the sure i eyidence clonrly dfrected (o proof of such facts, properly pleaded, Is compeigpt 2. Where the ad®is<ibility of evidence is for the first time called in question by & motion ta Error Opinion ! strike it out of the record it is very question= ablo whethor under any circumstances a re- view can be had of the ruling of the district court upon such motion. A verdict will not be disturbed because supported by the evidence, unless it is arly 0. Rights of Tadia State ex rel Crawford vs Norris. Quo war- ranto. Writ denied and suit dismissed Opinion by Mr. Commissioner Ragan. 1, Tho act of congress approved February 8, 1857, entitled vide for the ent of 1. iveralty Indians on 1ous Reservations and to Extend the Protection ot tho Laws of the United States and the Territ » Indians and for Other Purposes” s not in conflict with articlo 1, 8¢ fon 8 of the constitution of the Unit Hiates, which provides th pngross shill have power “to ablish a uniform rule of ization.’ 2. By the provisions of sald act all born “within the territorial ted States to whom allotments of land in oralty have been ude undor the proviss fons of sald law or other law or treaty, and all Indians born as a esuld who have itars ily taken up thele residenc in the United Siates separate and ur t from any tribe of dians therein, and dopte 0 habits of civilized 1ife are made citizens of the United States, and such Indians residing in this state are el s thereof, 3. The actual issuance or recelpt by an dian of o patent for lands allotted to him under the act s not necessary to constituty him a citizen of the United Stat when he has accepted the land ullotted, taken possess sion thercof and otherwise complied with the law, e becomes entitled to his patent aud his citizenship attaches. 4. An objection that the “convention," “pri- mary mecting,” mmittee” or “electors'! nmu{nmlnu a ecandidate for publie oftice had not tho legal authority to takd such nominn- tlon, must bo made before the election and in the manner proyided by section 186, chapter xxvi, of tho Complled Statutes; and if not so mado the legal authorlty of such “convens tion," ¢! to make such nomination—the cer- tificate theroof being in an apparent conform- ity with the provisions of the election lnw— will, in lhll- absence of fraud, be conclusively prosunied. : 5. iy the provision of section 141, chapter Xxviof the Complled Statutes, a candidatg may make objections to the ballot as printed by the county clerk, and invoke the power of the courts (o correct uny error or omission in the name or deseription of his competitor; but if such candi 0 ney ts to mako such ohjectic until after the election, ot then object to the result beenuso of any error in the political designation of his competitor on sald ballots, without a showing of fraud and that the error, by decelving the electors, prevented a full and falr expression of the voters' will 0. Such a construction of an election law as would result in the disfranchisement of large bodies of voters because of an error of some public officer, should not be adopted where the Aul:wmm- of the statute Is susceptible of any other, 7. Innocent irregularitics of election oflicers which are of fraud and have not pre- vented a and falr expression of the popular will not vitiate the result of [ clection unless the legislature has exs sly so declarcd. ummers vs Urid, nto. Judgment of ouster. Mr. Commissioner Irvi norder Incorporating a v 1 it Is obtained from th ns of a pag * Votors. Indians limits of the 50 . Quo war- Opinion by ago 1s void county board by FDUFPOLtiNg to be . potition od by a majority of the taxable i 5 of the territory sought to be incorpor- I, but the signatures attached to which Signers thereto appended but omo other purpose and fraud- ulently thereto attached. 2, remedy to s powers of s when the corporabion has no from Saunders county. vear for whiclrlicense was granted hay- ng cxpired, no writ will issue, but judg. ment will be entered against the respond- ents for costs. Opinion by Mr, Commis- sioner Irvine. A bourd upon which Is imposed the duty of hearing and {letermining” pplications ' for Ieenses to sell Hquors will be compelied by mundamus to conveno and revoke . license grantid where th ntial proceedings requi- slte to the granting of lawful liceuse have not been complied with. New Rule of Inherltun Trumball vs Trumball. Error from Lancas- ter county. Reversed and remanded. Opinion by Mr. Commissioner Irvine. Chapter 11, session laws of 1889, providing for the descen't of real property and. the dis- tribution of personal property of intestates, the disposition of homesteads of intestates, the barring of an insane wife's interest in the ds of her husband by deed of hor guardian, abolition of the estates of dower and w Is vold because 1t contains more than subject. It 15 ulso vold be Reversed, but 1se 1t object is not d because it 15 in of- utory of other acts which it does ). the title of an act to amend a_cer- taln other act no amendment can bo enacted which I8 not germane to the subject of tho original act, Wlen portions of an act are in 1 the title, the whol 1t is apparent fr 5 of the act itself that the 1 tions formed an inducement to its pas . Pickens vs Plattsmouth Investment com- pany. Appeal from Cass county, Aftirmed. Opinion by Mr. Commissioner iyan. ontract for the S inthe prop= nic's lien by Junction wit tho for those improvements 1of which such mechanic's ilen 15 sought to be enforced 2. If o vendeo in po: virtue of Cx purchase of the su th orty are nott to the lien of undor the mechanic’s lie ponement ean only be predicated upon a con- uact of the mechanic.or matorial mun with the vendor dircetly, or through his agent, and such essentiul confruct must bo proved, s must any other necessary proposition of fact. ponsibility of Telegrapn Companies. Pacific Telegraph company vs. Underwood, error from Lancaster county. Afirmed, Ragan, commissioner, The legal status of a_telegraph company Is teadly thist Of s common currior of Intalls for hire und such company 1 bound (o d promptly transmit and deliver trusted to4t, and cannot by con- b itself, elther fn whole or I part, om Tubility for injury or loss resulting s own negll; 2, A |a~h;mn|)|n alid be- act must an in- ud' por- erty dircetly, dec, ' contr eal property for tho provements aid prop- poned hud printed on its ompuny will not be s whhoro tho cluinn within sixty diys Held, an at- raph company to nuse, if regarded without consideration, un- and violutive of section npiled Statute: usit company vs Nicholls, v county, Aftirmed. chapter Ixxxix, 3 Lincoln Rapid Tx Lrror from Lan Mr. Commissione The granting of o of i city to i corporation t astreet rallway in the streets of the city de Botexompt the streot. Fllway company’ fr Hubillty for injuries caused by its negilgence, whether such ne genco consists o the - Proper and careless managonment of 1ts prop- rty or in the char of tho motlve power l!u|l|u)¥\||l i 15 cars. 2. When one 15 pli > by the electors Id and oper 1 by the nesligence of another in situition of peril his attenipt to escapo dunger, even by dolng an act which | ulso dungerous, und from which injury re sults, is not contributory negligencs such us Wil provent him frow récovering for un in- Jury, if the atrempt was ono such us s person acting with ordinary prudence wight under the clrcumstances nis Jones National bank vs Price, Error from Beward county. Afivmed if the defend- ants in_error file in this court in twensy days u vemittitur of §285.86, Mr, Comums- siouer Ragan, A purol contruct betwoon a plaintift and de- fendant, provided, that the plaintin’ sho entor LIS voluntary appearanc pending, 10 forecloso & mortagage on rel os- tate owtied by bim and wiive the nine months stay of sale of the premises allowed hi law, in considorati which def should bid fn sald premisos at the sale under the fore proceedings at the amount of the decree, fntorest and casts, resell the ut pri o and pay Lo plaliir the wmount realizod fn excoss of the bid., Held, o valid utract and not within the statute of frunds. fon 8, chapter xxxil, Complled Stututes. Junes vs. Howell. Appeal from Douglas county. Reversed and remanded. Mr. Commissioner Ragan. A court of equity will not vacate a judg- went wt law werely ou tho ground that the mort- | THE OMAHA DAILY BEE: HRIDAY, | | oMecor's roturn-<that he had served the sum- {uang on the defendant to the judgment by feaving n copy of the process ‘At his usual place of residence—was falso. 1t must aiso ho averred and proved that the defopdant to the judgniont B Cadwallader v8 McClay, Appesl from Lan caster county, Afirmed. Mr. Commissoner Irvin udgment will bo set asido whero it was after a settlomont botween the partios, ¥ to plalutii’s promiso to dismiss hie dotondunt ¢ reliod upon and 5o sufferod defaulr lofendant was justificd n relying I promise, Althoug ntif was ho possessing itly good nd disoretion, and having been, by ared {0 she action as'h mitted to transact the busi- 1 which the action arose none of tho special proceedings by the cede s 1n such & case availa- blo, an action 1t ity will lle to enjoin against the enfore t ot such a judguient and to declaro its cancellation Brown vs Feagins, lrror from Douglas county, Affirmed, Mr. Commissioner Ryan, appar roperty wiay be maintained by one whose uplete possession thercof has been ended by the wrongful entry of another, even though such entry was made under claim of & par wount titfe. sor who clafms the paramount title 1y in the undisputed possession T cuiinot, hy surreptionsly ol placa such formor pos sussor at any disad vantage, ns to the assertic of Lis righits or_the enfc odies, n respect therot Barnett vs Pratt. Krroe from county. Reversed and remanded, Commissioner Irvine. * A brought sult against Bulleging that O wag tndebtod t A for wages, that B purchased Oy business, out of which 'the debt arose and in part consldoration ng Aj that this agreom Lancaster Mr, ved to pay O's debt to was oniitted from an instrament in tho forn of a receipt, setout in the petition and containing other torms of tha transfer, and that the omission was o prevent o third person from loaruing of the promise. Held thut the petition stated a cause of action. 2. Such a_prowiise, omitted from a weitten aent, muy be proved by parol where tho promisee was induced to executo the writing on the faith of the oral promise. 8. Such aprowilse Is not within the statute ot trauds. County Must Support Insane. Baldwin va Douglas county. Irror from Douglas county. Reversed. Mr, Commis: sioner Ryan. Tho provision of the statute authoriaing suit to be maintained aguinst the party logally Dound for tho support of wn insane person by the county which has paid for the care, board and treatinent of such insane person it the insane hospital of this state, upon the findi pi of such insanity by the commissioners of county, 15 in conflict with section 1, nrtic of the constitution of Nehraska, and is, there: fore, Inoporative ana vold. Amerlcan Wa Works company vs Dougherty. Error from Douglus county. Afirmed,” Opinion by Mr. Commissioner Irviue. Issues us to tho oxistenee of neglig contributory neelige d o It © for the jury to de- co s 1o the faots 19 iiforont minds might inforences as ' o Jlish nw diffe these questions from th 2. In an o pe sufford ry, | age, whether or not ury was due to the wiltul nct of the de- fendant Lantry vs Parker, sounty. Afirmed. missioner Iryine. Where land Is especlally adapted to the pur- pose of grazing and hay growing, and ono cladming ownership thereto has overy year for o period of more than ten years cut the grass aud harvested and disposed of the hay £iom such portions of the land as 1ts cha ter permitted, so using the land in conne with, and in the me manuer as b othet tructs owned ot elatmed by him and ad- acent thereto, there being at different periods ences or ploed strips, ot ontirely onclos- ing the whole, but of such a chuaracter as to Indicate a'connecticn hetween tho tracts and where the porson so using the land pald all the taxes thereon and at intervals warned off trespassers and distrained eattlo thereon found grazing. Held, that such ncts consii- tuted actual, continuous, notorious and ad- verse possession for the statutory perlod. 2.'A taX deed purporting on its face to con- vey title to land, although void for +fatlurs to coinply with the'statutes, affords color of title under the general statutes of limitations. 8. One may plead adverse possession and 1s entitled to the benefitof tho statute relating thereto, although he was a_nonrestdent and absent from the state during a portion or all of the period covered by his possession. 4. Tho posscssion of one's agents 13 for tho purposo of the statute of limitations the pos- session of the princip: ol gt o Ave no time, and sensible > have no inc ion to use pills that thew sick a day for every dose they “They have learned that the use of Witt's Little Karly Risers does uot in- fore with their health by causing nause pain qr griping. These little pills are per, fect Tu action and resulte, regulating the stomach and bowels so that’ headaches, di ziness and lassitude are prevented. They cleanse the blood, clear the complexion and one up tho systenl. - Lots of ealth In thoso littlefellows. Appeal from Douglas Opinion by Mr. Ci tlon ased peopie T Balloon ascension tonight, 8 o'clock. e LOCKS LIKE SIOUX FALLS. Mr. Mosher Wil Probably Serve His Sen- tence In a Federal Prison. It seems more than probable that C. W. Mosher, the bank wrecker, will be given an opportunity to celebrate his next Fourth of July in the United States penitentiary at Sioux Falls, D. While the authol about the federal building profess to be inno- cent of any instructions from Washington with regard to the attitude of the attorney general upon the question of sending Mosher to Sioux Falls or Lincoln, yet there seems to ir that the attor- ney general will not int © with the regula- tions of the court, which make it necessary for Judge Dundy to_send all pr tenced to terms of more thun one year to Sioux Falls, and that Mosher's sentence will be pronounced within the next three days. Mosh v psterday and heappeared to be considerably elated over the news from Washington bearing out the idea that he would be sent to the venitentiary in Dakota instead of the Nebraska bastile, There are several reasons for his ftecling elated over this prospect. In the first place it is said that tho prisoners at Sioux ['alls are treated with great considera- tion by the warden. They are not obliged to work unless they want to and many of them are not compelled to wear the prison garb. “If T go to Sioux Falls,” sald the bank wrecker, “I shall make an effort to get & job of bookkeeping or office work of some kind that will be in my line, 1 shall tell the warden that I am willing to do anything from the functions of a chambermaid to watchiog on the wall, and 1 think by, ng white I shall find it a good deal more agreeable there than I would at Lincoln, where I would be pulled and hauled about and pointed at as the chief attraction of tho great show.” e —— WILL COME HALF WAY. Bridge Motor FPeople Talk of Five-Cent Commutation Tiokets, The agitation for a b-cent fare across the bridge will be resumed Monday afternoon at 2 o'clock in the council chamber, and there is a bare possibility that concessions from the bridge company officials will be secured. Councilman Elsasser has interested himself since recovering from his illness with the re- sult that a conference will be neld 1n the council chamber Monday afternoon between the council committees of Council Bluffs and Omaha, Mayor Bemis and Mayor Lawrence and v citizens cc nittee and the eom- mittee of the Commercial club of this city. It is understood that the directors of the bridge company have decided to grant con- cessions, under certain conditions. Secretary Stewart of the company and the directors have been invited to be preseut and make kuown their proposition. While the com- pany is not ready to make a 5-cent fare out and out, it will do so where commutation tickets are purchased. The tickets shall be sold at a price yet to be named, but it is said #2ors3lots will be the minimum amount under which the sale will be made. Those who fail to avail themselves of the b-cent rate by purchasing tickets will be compelled to pay 10 cents each trip. The officials say they cannot make a straight b-cent fare for single trips, but are ready to give those who desire it the benefit of a” reduction by the purchase of the commutation tickets. This proposition will probably be made to the conference Monday afteruoon. Whether it will be isfactory remains to be seen. The Council Bluffs people have been deter- mined to secure a nt fare, while the Omaba representatives have beén somewhat lukewarm as o the proposition, hus & meritorious defenso to the | An action for the forcible detention of real | | dence $howed that he One of the Asylum Thieyes Gots Two Years in the Pen. HIS CASE REVIEWED 'BY JUDGE STRODE Evidencs Showed that e Had ately Robbed the State-Other custor County Litigation—] coln's Latest Police Joke. Dellber= Pos— LaxcoLy, June 89.— [Special to Tris Bee.|— Gorham F. Botts, one of the asylum thieves, was given two yoars inthe penitentiary today by Judge Strode. He took it very easily. Judge Strode referred to the Quashing of the first indictment; that he had been indicted by two grand juries com- posed of the best nen in the state; that he had been given a fair trial, and that the evi- had deliberately robbed the state. After referring to the various poitis made by counsel in support of their request for anew trial, he declared that the passing upon the claim by the state board was not such an adjudication as would prevent a criminal prosecution, but as opin- ions differed upon this point he would allow him a reasonablo time to prepare his writ of error before executing sentence. The application for an injunction to re- straiu the recent school bond” issue was de- nied by the court today, the count showing that the bonds had carried legally. “T'he viaduot injunction will be passed upon tomorrow, unless the railroads can secure a scttlement with the property owners. It will be held to be in force, and will stop the work on the viaduct. Charles J. Wilson, a youth convicted of as- saulting a little cousin, was given a4 new trial today. The county attorney nolle prossequed the complaint. A protest has been filed in probate court against the will of the late Zacheus Strat- ton. Mary M. Gunder, one of the children, who was cut off with §25, 18 the contestant, and she claims that undue influence was exercised in behalf of the mother, who will @ive her son Thomas the property, valued at some 840,000, when she dies, she thinks. The son got but #50, but he s satistied. Thomas is the young man against whom Florence k. Dole of Red Willow county sccured a $7,000 Juagment for breach of promise and seduc- tion, but the exccution was returned un- satisfied. Fooled the Police, There was developed today a particularly interesting case of shamming put up on the police force by a red-haired young man pjamed Osborne, who was = taken to Tabitha hospital last night, apparently suf- fering from a number of stabs in the region of the left breast—-apparently, because while there were no signs of blood, his body ‘was swathed in bandages and he acted liko amanin delivum. The story as gleaned from the fellow's talk was to tho effect that Clarence Fenu and himself were applicants for the hand of Rosa Lobaugh, a young female of easy virtuo, and Osborne wus the winuer. The wedding ‘'w set for last cvening, but the night vefore Fenn felou- iously assaulted and cut and stabbed him. Fenn was arrested toda; nd denied any knowledge of the affair.. Several of his fe- male friends nsisted that there was nothing in thestory,and t Osborne instead of bei in the hospital was down at the Lob: place. Officer Pound went down, and found him still swathed in bandages, but apy ently feeling decidedly better. He came to the station readily, but when the ofticer ex- pressed an intention of looking at his hurts he demurred, and force had to be used. When stripped not a cut, bruise or scratch could be fovnd on him. He was hustled back into court, but swore positively that he had been stabbed. Fenn, however, was vromptly discharged. Osborne acts like a man with wheels in his head, and the police suspect that he and some of his friends fixed up the gamo with the intention of doing up his rival, Fenn. ONTRACTS AWARDED, Divided Among Three Firms—Peoullarities of the Bids. LiscoLs, June 20.—[Speeial Telegram to Tue Bee] — The State Printing board came to a final conclusion this afternoon and adjourned. The print- g of the miscellaneous blanks, blank books and the supreme court reports was granted to the Journal company as the lowest bidder. Jacob North & Co. got the printing of the session laws and the Lincoln Printing company the reprintsof the supreme :iaurt reports and the supreme court calen- ar. The aggregate amount of the Journal's bid on miscellaneous blanks and blank books was about $0,500. Mr. Hathaway's consiruc- tion of certain indefinite figures in his bid on blank books was allowed by the board. The figures were so written as to read 4 cents or 4 mills at the reader’s pleasure. As the con- struction of 4 mills saves the state about $200 it would appear that the board was right in its rulin; It is just as clear, how- ever, that if this custom is persisted in that it will bo a waste of paperand time for other companies to put in a bid, PRINTING May Cause Litigation. HasriNes, June 20.—[Special to Tue Bee.] —It is not very often that a 85,000 farm, free of incumbrances, goes huntig an owner, yet this is the case of one in Adams county. R. A. Sanderson came to this county in the early days and settled on a quarter section of government land, described as the south- uarter of section 0,8, 11, and located ona township, Along in' 1556 Sander- son disappeared, and since that time no trace has ever been discovered of hum. The land has steadily grown in value. Sander- son has no known relatl and since ths time of his disappearance, the neighbors have made several efforts to obuain a tax deed. One man paid the taxes from 1887 to 1802 at the successive tax sales, but never called for his decd, so he is out the moncy in- vested. Another man paid two years taxes without any authority to do 8o and he like- vise has made a losing venture. The cramble among the neighbors for the farm is becoming interesting, and unless Sander- son or some of his relatives step in there is no telling what measures will be resorted to in the effort to win a good quarter section, o8t Her Roas Graxp IszaND, Juno 20.—[Special Tele- gram to Tug BEe.]—Griof over the loss of her husband, whose tragic death took place at Omuha a few days since, has robbed Mrs, William Wride of her reason. It was no- ticed o few days ago but the members of her family hoped she would recove that the trouble would |only be temp but her father, with whom she is hying with her three childrenymow feels alarmed. Last night it was all he eould do to keep her from jumping through the windows. Hopes are cntertained, however, that the un- fortunate lady will recayer in time. News of the finding of her husband's body reached here today. Thieves Captured at Beatrice. BrATRICE, June 20.—[Special Telegram to Tue Bee.]—An attempt wos made this after- noon to bresk into the residence of John Dwyer, commercial agent of the B, & M. Mrs, Dwyer discovered the thioves as they wero about to gain entranice and scared them away. They were afterwprds arrested and gave their names as 1Homas Clark, Cam- eron, Mo., and Charlés Wilson of Smith county, Kunsas, They are a tough looking pair, Pald for Their HasriNgs, June 20.—[Special Telegram to Tue Bes. ] —This afternoon John and Adolph Wagner were bound over to the district court on the charge of assault with intent to commit great bodily injury. On May 81 they undertook to settle a business dispute by pounding Dan A. Beale. Bail was tixed al $300 and in default they went to jail. T'wo other charges are pending for offenses committed in the same fight. loasure. To Observe the ¥ourth. TiLoy, Neb., June 20.—([Special to Tus Bee.) —This city will celebrate the Fourth, All Madison county is interested, — Balloon ascension tonight, 8 o'clock, JUNE 30, 1893, ———— — - . GORMAM BETTS SENTENCED | THE NEXT MORNING | FEEL BRIGHT AND NEW AND MY COMPLEXION I8 BETTER, T says it acta gently on ) 1ve? and ki .":...zi..fflwz..‘ latative. This drink {s made from herbs. and is prepared for usy 7 da, 1tis callsd S MEDIGINE ALl druggists sell 1t at s0c. and 81 & package. 1 you nnot get it, send_ your address for a freo sample. ane' y Modicine moven the bowela i o be healthy thisis necessary. WOODIW AR Lx ROV, N, eh dny, Inor dress ORATOR F. A CRAY-HAIRED VE BETTS, Princlval and Senior Member of the Tamous Firm of Drs. Betts & Betts Physicians, Surgeons ani Specialists. “Aro they dolng a large business?" 18 a question often asked concorning Drs. Botts & Betts, Inquirers are requested to read tho following summary and Judge for thomsolves; Number of years in practice. .. OMces in oporation in various Assistants ompioyod ... Cupital invested in businoss Avorage annual expen: Averago annual Number cuses in CUomplets cures el Greatly bonefitted ...\ 0L Rolioved and improved. | 111 NotSHEIy e IR Costof proposed now institute Cost per annun of ndvertising, Roal estato owned by firm.,... ... ... No wonder that Dr. W. H. Botts, the head of this groat firm. Is re- terred to by his friendsns “tho gray- haired old dootor."" for to his untir ing oncrgy and perseverance, his signal ubility, both as a businoss and professional man, has the busi- ness of the firm grown from abso- lutely nothing to its present gigan- tio proportions. To creato and maintain so great wn enterpriso 1s cuough to turn auy man gray.while the glow of honest pride that shinos in his kindly his ruddy foat- ures and quick, firm, elustic step, all bespeak the joy ho feels in the greatsuccess ho has won and the good he has bestowed upon his fel- low man. The sick and the suffer- ing wili find i him a true and last- ing triend ORS, BETTS & BETTS, 119 S. [4th Street, Cor. Douglas St. OMAHA, - - - - NEB. An Awlil Headache - e S CAN BE CURED IN 10 MINUTES BY USING Viclor's 52 eadoche Cansules PRICE 25¢ PER BOX. itios Ask Your Druggist MANUFACTURED BY SHERMAN & MCONNELL OMAHA, NEB. A Full SET or TEETH Paxton Blook, 16(h and Farnaom Stroet. Elevator on 16th Street. Telephone 1085, BRING THIS WITH YOU, LOST VITALITY INDAPS tor ana viger quick stored. ote ey our . the great Hindoo ficinedy. 8ol with wrl Rample sent free. Adiress 08 Plyw ath Flace, Chleage, HL The Midiand Hotel Cor. I6thand Chicago, .Ie"crsoln Square Park, 1 Building and furni- Just Opened ;' i oy Amoriean plan, 821 | Bpecalrato by the European pla { weel Convenjent 1nes 10 and from depots all comic and- fare of priced hote v room an outside Efcetric Tights, call beils, gan. biths i, M. J. PR%NGK. The Mercer. Omaha’s Newest Hotel. Cor. 12th and Howard Streets 40 rooms §2.5) per day. 40 rooms $3.00 por day 90 rooms with bath 90 rooms with bath Moders on higher room. % por day, t $4.50 per day. Every Respeot Newly Furaished T C. 8. ERB, Pron. HOTEL LEMONT 6235 10624 | OCLESBY AVE, CHICAGO. Firstclass briek fircproof Buropoan Hotel, ouly thres Dlocks from tho bixty-second St entraice (o the World's Falr grounds. Our rooms aro ail lght and airy, mostly outside rooms, Loldins from thres 10 81X poople each. Pric .00 per day. Awniog wnd covared: plazzas 0n & operated by the owner and 1t will cost you Bothls {0 socure Toomy in advance. A itelns Dinicg oom conncted with the Botel €. M. GRAY, Banagers EDUCATIONAL., HOLLINS INSTITUTE BOTETOURT BPIINGS, Va, B Tarogtadies. Sl peein cpens Soptambe Relincen, Munic, Art and Efocution: bt male fowsors and Cwty idun Hesutifuly siteated 1 ifll&l of k[fl:u. on h‘fi“\:r % ‘5 noar llsf_m-hu. uasicaliod Write for iustreied cataituie o o e CHAS. L. COCISE, Supt., Hollins, Va. e - e e e ey ontinental’ Clothing House. THE CREATEST SUIT SALE ON RECORD BECHNS FROAY WORNIG, JUNE %0 PRIGE $10.00. 1,000 Men’s Fine Cheviot Sack Suits worth $15.00 and $18.00 at $10.00 Look in our Show Windows filled with * $10.00 Suits. Men’s gray diagonal cheviot double breasted sack suits, sold all season for $15.00, $10.00. Men's worsted cheviot sack suits in a neat gray cheok, regular g15,00 suit, French facings, $10.00. Men'’s gray homespun single bteasted sack suits, sold all season for $15.00, $10.00. Men's single breasted sack suits made from an imported cheviot, cut with French facings, cheap at 8$18.00, $10.00. Men’s four button single breasted sack suits made from a neat hairline cassimere, never sold less than $15.00, $10.00. Men's handsome valour finished checked cassi- mere single breasted sack suit, regular $18.00 goods, $10.00. Brown pin check cheviot single breasted three button cutaway, regular $15.00 suit, $10.00. Neat gray pin check cheviot single breasted three button sack, retailed every day for g15.00, $10.00. ON SATURDAY MORNING, In addition to the above we will place on sale 500 Men’s Suits at $5.00. Regular §10.00 goods. Samples may be seen now in our show window, but none will be sold before Saturday morning, CONTINENTAL CLOTHING HOUSE, Cor. 15th and Dougla$S Streets. ~ LEXINGTON (M0.) SCHOOLS, BARTIST FEMALE COLLEGE, ’ Unsurpassod courso of S tudy Music, art, ture,elocution. husine Location bealthy and pl a0k Gas,waer, ieam hoat 38th year opens Sept. 13th, Lot No. Lot No. Lot N. 8. ZABETH AULL SEMINARY Young Ladies Home Sch 3 One of the olost,beat 10 M, BOUFL APpOIBLMmEntA moderh. Music and Art. Teacners Specialista Hiustrated catas e v ) nitera|f& CENTRAL COLLECE FOR YOUNC LADIES, Lexington, Mo, S)x do pariments of instruetion. 1| oMcers and teachiers. Con.| g servetory of music. Art % .t Gymuasium. -~ Modern wp- ILITARY. ACADEMY, | Lexington, Mo. Odesy military achool Missour). Healthful 1ocay fon Jeasonablo (crms. Ly Iusirated catalogue fi potad & SELLENS, PBA * CURED or NO PAY. NO PAY UNTIL CURED, Wo refer i to 3,500 patients, HNA"G] lR[[[R[NU ) Nat'l Bank of Commerce, Omaha. [ 1 Gernan S4vings Bank, Omah. No detention from business, No ope lon. Tnves tignte our method. Written guarantes to absolutel: cure all kinds of RUPTUKE of both sexes without the use of knife, no matter of how long standing, EXAMINATION FREE, THE 0. E. MILLER COMPANY, 307-308 N. Y. Lifo Eu lding, Omaha, Neb, BEXD PO CLICULAIL P 1316 Douglas Street, Omaha, Neb, rous. ohronio, privato. b10od, skia mad urluary disewses. A regular snd 39, 83 d1DI0w a8 A0 GartiNoates will show. 14 SLIL treating with & 3, s0minal weskanss. nizit | 303 and all forms of private dise: 0 b for loss o vital powor. 1133 unable Lo vislt @o m rosted at home OF 0 Xprais avoursly packed; no marks 40 gl Consulation free * Correspondence strickly 0a. i, 013 m, cate coutents or prival Bend; PROTECT AND IMPAOVE YOUR émur Qur Spestacles and Eyezlasses Ave ths Bast, EYES TESTED FREE. SATISPACTION GUARANTZ3ZD. r. s.ponaor, uer OMAHA OPTICAL CO,, 222 5. 161h 8L jyagies