Omaha Daily Bee Newspaper, September 21, 1893, Page 5

];iil'll'l().‘i NOT ~ NECESSARY | on a8 to the Oreation of Paving Distrit END OF AN INTERESTING OMAHA CASE Clty Connctl and Mayor of Citles of tho First Cluss May Make Such Improves ments Without the Request of Property Owners. Lixcor¥, Sopt. 20, ~—The supreme [Special to Tnr Ber.] ourt today nanded down its opinion in the caso of tha state ex rel Omaha against Birkhauser, This caso was brought before the court last July and decided tho points at issuo. A mémorandum for an opinion was given at the tiu and the opinion itsolf harded down today. The syllabus is as follows 1. The win and connell of a elty of the metropolitan class have jurisdiction to croate paving districts without a potition of the prop- erty ownors belng prosented to the ity coun: €ils oxcept where the entice fmprovement Is to be d L the costs of the lot owners, In which case thoy Nive 1o power 10 wet aniess poti- tioned 10 4o 5o by the owners of the majority Of the feel frontags of tho lots in such pro- posed district 2.0 confer Jurisdiction and council of such a upon the ity to pass mayor n ordi nunce ordering the paving of streets in a pa ing district o potit praying for such ims mont, sign the oWNorS ry 13 jority of th t foot of th tiog upon the | of the stre - proved, must ho first submitted o the eity counll. 3 al to be used In the wving or macadamizing of stroots such s the majority of proporty ing district shall dotormine wiors fail to designate the material they dosire 1o uso in such Improve. ntwithin thirty days the mayor and council have authority to niake the seieetion. 4. Iids for piving may be advertised for and oived either before or aftor the solection of ial i made, and 1t made beforo such seloction 11 15 not necessary that the Board of Public Works should readvertise for and ro- celvo bids nfter such designation, although it may 0 s 6. Iy section 104 of ) metropolitan eitfes it 1s Board of Public Works to_muke contracts on behaif of 1ty for the performance of such works and the crection of such Improvements as shall bo ordered by the mayor and city council, but subject to their approval. act incorporating Justice Norval's Commont After reciting the issucs in tho case as made up by the contending parties, and quoting at length the provisions of the Otzaha charter, Justice-Norval continues us follows: “A perusal of the numerous provisions —[of the law]—is suflicient to carry convi tion to the mind that the lawmakers never intended to limit the jurisdiction of the ci council to form paving districts to ¢ whero the property owners have petitioned for tho same, It will be obsorved that the statute under consideration contains no pro- vision which in express terms requires that the lot owners must petition for the cre- avion of a paving district beforo the same can bo estavlished, except where the entire improvement is to bo done without exponse to the municipality. Tho tegislature has provided by languago that eannot be mis- understood that certain street improvements can be mado alone upon a petition of the property owners. Thus, where a street is to e graded otherwiso than at the estab- lished grade, the owners represonting a majority of the front foctof the lots abut- Ling upon the portion of tho street to bo 5o graded, must petition for such improve- ment; 'and when three-fifths of such lot owners petition for the grading of a streot or alley without expense to the city, the work may be ordered done and the costs as- sessed against the abutting property. “Likowiso it is provided that a street, avenue or ulloy which has not been ordere paved, the city councll cannot require it curbed and guttered unless petitioned so to do by a majority of the owners of the prop- erty abutting upon that part of the street, avenue oralley tobe thus improved. Petition Not Require “The conclusion is irresistible that a poti- tion for tho erection of s paving district is ot required axcept whero the entire im- l)rovmnunv. is to be done at the cost of the ot owners of such district. Tho construc- tion of the statute does not conflict with the fon in the Beatrice case. That was an action to enjoin the making of a contvact for the grading and paving of two districts in the city of Beatrico. Tho petition for paving one of the districts was signod by less than a majority of the lot owners, and the same is likewise irue of the petitions for improving the streets of the other district, not count- ing the names of thoso who signed conditionally. The court held that a petition to confer jurisdiction upon the council of a city of the second oclass, having over 5000 and loss than 25,000 inhabicants, to order the paving of a strect in n paving district must be signed uncondi- tionally by the owners of the majority of tho feot frontage thorein. Whethera city coun- cll possesses authority to create s paving dis- trict upon a potition, the court did not con- sidor or pass upon in that case, although there appears in_ the body of the opinion filed therein a single sentence which seems to be tn conflict with the views above ex- vressed. *The remaining question to be considered 18 this: Was it neces; to advertise and recerve bids for paving after by the lot ownors of material to bo used? The statute authorizes a majority of the property owners to select the kind of ma- terial to bo used in paving stroets; and in case they fail to notify the council in writ ing of such selection within thirty days the mayor and council are empowered to desig- nate the material,” the designation Supreme Court Syllabi, Canflold vs Bittiger. Error from Dawes county. Opinion by Mr. Justice Post, An action ean be malntainod on u claim before It s due only in, th excoptionnl cuses enumerated in section 287 of the code. Doranleau vs Jundt. Error from Dawes county. Affirmed. Opinion by Mr, Justice Norval. Evidenco examined and hold to sustain the verdiet. 2, 1t I3 not roversible error to pormit a jury toromaln In chargo of & deputy sherit whiln deliberating upon their vordict without his Doing speclally sworn In by the court in that behalf. Bmithson vs Smithson, las county. Decroo Appeal from Doug- roversod and action dismussed, Opinion by Mr. Justice Post. Juris- s of cases, their will continue, not- legal Whero courts of equity have nssumed dlction of u Jurisdiction in Withstandlng in th monns redress bog of law 2. 1t 18 not the object of the code to abolish oxisting remedios i cases whora no provision 18 mado therein for the prosseution of aetions Cases involving substautial rights, which are cloarly outsido the provision of ti ¢ be prosecuted In accordance with the p proviously recoguized i courts of common elopment ot mes attainable in e ww and vquity. 8. In the peiition 1t is allegod that the d fendant the aint s Lush in 1 your 1875, procured o decreo of di in t s of fraud nd lod in the sty vieo upe al nowspipo tho whe 10 by 1) e A utly tho of Ponnsylvania, her was by public wnd thint sho was dibouts o hor husband u or decros until the timo of T potition eluvon yours luter Auso of action slico the t Uou for u new trial under tho that the only cation inal HOUA WAL ¢ or of suld i the fillug of Hold to state a edy by pe s Inwdequ lowed th gonoral cquity powers vacate 1t upon showing of friud and {mposition. 4. A Judgment or decree procured by fraud 15 ot absolutely void 1n tho sense thut 1L can bo wasalled ln a strictly collatorsl procoediug. but s voidablo merely at the electon of the party defrauded thereby, 5. Dne 5. procured a divorce from his wife by docreo of the distriot court. of Filluore county 1n 1878 upon constructive servico. I 1850 the luttor commenced an action i the district court of Douglus county 1o set aside and ann the suld decree on tho ground that It wiy pro- cured by mouns of porJury aud for & divorco o the grounds of desertion wid fallure to sup- rt. Held that the cuuse of netion Iy prime- F’ 1o vacate the decrow of the district tourt of Fllimore county and that the distriet conrt of Douglas county does not have jurisdiction thoroof. Supreme Court Procecdings. A. H. Briges, esq., of Dodge county and A M. Russell, osq.,of Cass couuty were admitted to practice. Gutsche vs Sullivan, dismissed. Carter vs Gibson, appollaut to file bond in ten days. r&u.::' und sub- ver kive odo and that the court which al- decroe nay In the exerciso of its propoer The following cases were mitted: Kleckoer ve Turs Insurance company vs Parrotte St hearing cmet was placed on the ticket occupied by Alfred Anderson, §6,000 among it yestor u grape shot imbedded about two feet below of tho days of 1834, when Indians, Tug Bee]—Last league gave the t motion 1; Manker vs Sine in vs Dillo! on motion; School No. 6, Cass nty va Traver; Olandor vs Tighe; Hart vs Tighe; Alexandor va Thacker: Reed Bros. Co. va First National bank; Kelman vs Calhoun. Tho foll advanc Gage ¢ Wilson, K wing cases wors Jagoe county vs K va Wilson, Gage county vs Gago county Loave was given R. W. Sabine esq., to docket State vs 1. M. Busiell Court adjourncd till Tuesday, September 26, at9a. m., when cases from tho Third district, consisting of Lancaster couuty, will bo ealled Repubilean County Convention. The republican_county convention mot at Bohanan's L at 2o'clock this arternoon, there being 401 delegat rttendance, W, S. Hamilton was made anent chairman wnd W. Morton Smith permanent seceotary I'here was no contest over the nomination of treasurer, and M. M. Cobb of Daaton pre- Then commenced a long draven out t for tl nftice of sheriff, there being six candidates. The first ballot resy 1 as fo lows: IKnsign, 76; IHoagland, 40; Hunger, 60; Langdon, mith, ¥3; Trompen, 90, Lleven ballots were taken, resulting in favor of Alva Smith, Hoagland withdrew at the of the fifth ballot and his men s0n d among the other candidates, convention sclected a strong anti- Maxwell delegation to tho state convention, Tho committee appointed to chovse the names was mado up in such & manner that 1t was utterly impossiblo for a Maxwell man toslip into the delegation unless he were disguised beyond recognition. ‘I'ie following ticket was name Troas- urer, M. M. Cobb; ff, Alva Smith; judge, I W. Lansing; commissioner, Charles Miller; clerk, J. D. Woods; register of decd John karrop; surveyor, Winfield S coroner, Dr. Crinnj supertntendent of chools, J. S. Baer. Tells Another Story, Jonas Valder, the man arrested and taken to Plymouth yesterduy on the charge ot em- bezzlement, 18 back in Liucoln today o free man, He visited the police hoadquarters and Tie Bre ropresentative, and was ju- clined to be cantious in his eriticism of the manner in which the particulars of his arrest had been reported, but be was easily convinced that the fucts as given out at the police station were just as they had been eported by thoe constables, who nad come to Lincoln with the warrant for his arrest. He states his sido of the story as follows: He had visited Plymouth as tho agent of a Lincoln wholesale firm and taken a mor gage and billof salo on a small stock of goods held by a man named Prico. After Betting possession of the store he sold 80 cents svorth of fruit, remitted the procend to the wholesale house in Lincoln, and the closed the store and came to this city him- self. He afterwards went to Plymouth in er to pack up the goods and ship them. this city, and in so doing had o row with a number of parties there. They caused his arrest from pure spite work, and the charges against him were withdrawh s soon as he faced his accusers. Lincoln in Brie Charlie Edison, a young ploy of the Burlington, was accidentally shot in the leg by a compahion named Force. The wound is not scrious. City Jailer Joha Johnson was summarily dismissed from vhe police force this morning for conduct unbecoming an officer. Judge Waters discharged Richard Tiernan this morning. Tiernan was charged with selling liquor to minors, and his discharge W nething of a surprise to the partics making the complaint. Prof. F. W. Woods is nursing four broken ribs as tho result of a fall from his barn loft Frank Huber is under arrest for grand larceny. Ho is accused of stealing 850 from the proprictor of a fruit stand at the corner of Twelfth and O strocts. man in tho em- ru Jury, Frexoxt, Sept. 20.—[Special Telogram to Ti: Ber.]—Tho coroner's jury investigating the caso of Wholnering, found dead on the Union Pucific track, rendered its vordict today. The members could not from tho evidenco decido whether ho came to his death by carelessness on his own part or criminality on the part of the company’s em- ployes. But four of the possible thirty men who lft Dodge county for tho Cherokeo Strip wero successful in obtaining land. They were Ren Carpenter and H. D. Dunning, who went with the party, and Hannigan and Dogle, who drove a team, Fire nt Stromsburg. Stromspena, Neb., Sept. 20.—[Special Telegram to Tue Bee.|—This morning, about 5 o'clock, the brick block owned by Buckley Bros. caught fire. The fire depart- ment, by efficient work, extinguished the flames. The #re originated in the rooms harness and saddlery goods, and John Hurd, boots and shoes. ‘The losscs and insurance are as follows: Buckley Bros., insurance on build- ing, $3,000; loss, $300. Aunderson, insurance, $2,000; loss, #1,100. furd, insurance, $1,000; loss, from $1,400 to $1,600." The origin of the fire is a mystery. Foreclosed the Mortgnge. Daxora Ciry, Sept. 20.—[Spec Telegram to Tug Bze.]—The grocery store of John Robertson was yesterday closed by Attor- neys Jay and Beck on a chattel mortgage for $150 and is_advertised to bo sold at auc- tion October 12, The goneral merchandise storo of M. J. Herman of Romer was burned with its con tents early this morning. 1t is thought the store was firstplundercd andjthen set on fire, us tho entire building insido was ablazo when the fire was discovered. Insurance, Nebraska Visitors to the Fair, HasTINGS, Sopt. 20.—([Special Telozram to Tk Bek.]—Two hundred ang three citizons of Hastings left today for tho World's fair, The majority had been led to expect a reduc- tion would be made in the faro, but cach one who wished to go was obligod to pay $10.15 before a ticket could bo obtuined. ‘our coaches were provided from this city, and advices Loro ure that the trainload was increasod by 104 passengors from York, about sixty from David City and a number from Fremont, ‘Will Combine with the Poputlsts, ‘TrrAMAl, Neb,, Sept. 20.—([Special to Tug Bee.]—The Burt county democratic conven- tion is callod to mect in Tekamah Monday, Scptember 25, By the knowiug oncs 1t is predicted that tho convontion will meet and endorso the independent nominces, who ave, with two exceptions, democrats. This is tho only way they can possibly hope to knock down an oftice or two for themsely the republicans boing greatly in the 1majo ity in the county. Kopt the Money s ) ISLAND, Sept. 20, The canning ome. ~[Spocial to Tue factory distributed yesterday aftor- % tho wages of the o employed during All the money ro- A Brx.) n0on, this sum r wmen, women ud child the corn-canning season, mains at home. as only homo labor was em- ployed. This does not inclute #4,000 paid Lo tho same class during the pea soason; Relio o1 Ploneer Duys. GRAND ISLAND, Sept. 20.—[Special to Tis Bie.)—While digging for sower connections Joha Allen and H. Swanko found the surfa soil. It is sunposed to be a rofic tho sottlers wo ectation of attacks fro The digging took place in the heart of the city. testing wuns in ex Tonchers rod Reception. GreENWOOD, Neb., Sepi. 20.—[Special to evening the KEpworth achers who are to conduet the High school the coming year a grand re- coption at the residence of Mr. and Mrs, Geoy could be desirved. illuminated. A large number were present, o W. Clark. The evening was all that The lawn was brilliantly Repubiican Frimaries. Hastixas, Sopt. 20.—[Special Telegram to TuE Bee)—The republican primaries for Hastiugs to alect delogates to the count convention were today called for the 25t inst., the couuty convention being Leld the 80th. ————— Take Browo-Seltzer for msomnia Before retiring—trial bottle 100, | through the south | told of his_experi THE_OMAHA DAILY BEE THUR I AGER'S — JOURNEYINGS Objects of His Various Trips Through the | Length and Breadth of Nebraska. PERSISTENT QUEST FOR SOFT MARKS Mo Hants for Men to Whom Money is More than Honor—The Career of & Pro- fesstonal In the Way of A well kaown South Platte who is a staunch friend of Judee eame in yosterday Paxton.” In spea politician, Maxwell, and is stopping at the ng of his recont travols rn partof the state, ho o in following up the trail of J. H. Ager, of whose notorious carcer he tatked very pl He said “Agor is annual pass distributor and blank passbook manipulator for all the rail- roads in this state, and has been making a thorough canvass for the anti-Maxwell forces. His sole mission on earth is to do tho bidding of the railroads, and he 1s now engaged 1n ‘fixing things' for the state con- vention. Ho isostensibly in the employ of the Stato Journal, the principal failroad organ in the state, which chesrfully fur- nishes him with a cloak under which to dis guise his missionary work, but it is a fact that his conncction with the Journal is purely nominal. rely Tmaginary. “His present relation to that paper is as imaginary as was his relationship with the Associated press last winter during the lowislative session, whon he occupied a con- spicuously labeled desk in tho senate cham- ber, posing as the Associated press repro- sentati Ho ocovpied his seat under false pretenses, adopting the role of correspond- ent solely for tho purpose of enabhing him to secure the privilezes of the floor that he might lobby in the interests of the railroads and other corporate monopolics. While cated at his desk ostensibly preparing dis- chies ho was busily engaged in filling blank passes for lobbyists, railroad us and members or the friends of out politi members who were enrolled on the corpora- tion side, or who were counted as likely to soon fall futo the trap that was set for them wnet Lecome tho prey of the railroad man- vas at that time alsoa part of k to make a nightly round of the s for the purpose of handing out trans- portation, and seldom it was that he failed to put 1n an appearance av the Lindell, Capi- tol, Windsor und Lincoln, where he ‘would promenade the rotundas for a short time to advertise his arrival, and then seat himself ata table in the reading room, with a pile of blank pass books before him, and attend to the wants of all comers. Tlis Present Peculiar Position. “Ager sends in_daily reports to railrond headquarters as to his success in injuring Maxwell's chances in tho various counties visited by him. He occupies the saue posi- tion today that was held by Id C. Carnes of Seward when he was made licutenant gov- ernor. He stands toward the railroads in the position of confidential political messen- ger, and when any particular pieco of political dirty work is to be performed Ager is sent out with instructions to the local henchmen. Fre issaid to be on the pay rolls of the four leading railroads of the state, and is roputed to squeeze $4,000 per annum out of the railroad cotters for' his services. John Sahlerisof the opinion that Ager is an expensive luxury for tho roads, in view of the carto blanche given the latter last year and the subsequent passage of the maximum freight rate law,but that opinion is somewhat tinctured with the essence of sour grapes, as the services of the veteran lobbyist were dispensed with last winter for those of the younger, if not handsomer, man. Oune Trip that Falled. ““Ager was the individual who was sent up into Knox county last December with £500 sowed in the lining of his vest, to bo used in converting the local politicians of that county that the results of the election might be et aside and Chester Norton _sent to the lature and J. G. Kruze kept at home. Ager found that it was unnccessary to ex- 1d the monoy, and on his return boasted that he was tho only man who had over dipped into Nebraska politics who had honor enough to return unexpended boodlo money that was entrusted to his care. Ho claims that he turned the $500 back into the hands of bis political masters, Agor also did the ‘fixing’ in Clay jcounty over the legislative contest, but it was 80 ineffectively done that both in this case and that i Knox county he was knocked out by a ‘prejudiced’ court. He's “Fixing” Delegatos. ‘‘Ager's business at the present time is to get county delegations to the state conven- tion instructed for the local candidate in the several countios, and in the event of failing in this, it is his duty to see that no instruc tions for Maxwell are placed upon_the vari- ous delegations. He also apprises his poli al bosses when and where cash will do the most good in tho primaries, and he picks out men in the various countics who will be de- sirable to act as proxy holders in the state convention, and forwards their names to railroad headquarters in order that trans- fon may be forthcoming to take these pariies to Lincoln, where thoy may be ready, as wellas eligible, from a railroad staudpoint, for the work that is 1o be given them October “When the convention meets 1t will be the duty of Ager to stulf the list of delegates and assist 1n padding the vote, just as was doue two years ago, when Judge Reese was counted out. When He First Showed Up, “Agor was first brought into public notice by his selection and appointment as one of the sccretaries of the State Board of Trans. portation about six years ago. He was ap- pointed at the instigation of the B. & M., having been previously employed as station agent by the Union Pacific at Ord, in Valley county, His abflities were not such as to commend him to the railronds as a practical man, but ho was considered good enough to sorve tho people on a commission which was devised to protect the railroads, as he was thoroughly acquainted with the problem of how not to reduce rates. He served upon the commission until kicked out by public opinion, since which time he has been re- tained in the pay and employ of the cor- poration, It's & Twice-Told Tale. “I'ne history of Ager's operations last year is now belug repeated. In Fobruary, 1803, he was placed in the field, ostensibly us the waveling correspondent of the State Journal, but reaily v act 4s spy upon the preliminary developuients of tho greal campaign thit Was to begin later in the year, AS & corre- spondent Ager became Lo notorious, and his 0WNErs Were co led to call him off that feature of the work. He continued his travels, however, und by the time the state convention thoroughly of the b used in the inte the p o’ at Lincoln ne was pretty (uipped with information er sort, which was to be handling’' the couvention in 15 of the railroads. He had taken | measure of every delegate to itic 3 the state couvention, as well as of every man nominaied for the logislature in each county in the state. By means of the i for- mation furnished by Ager, the railvoad man- agers wore able to docide which men should be clected aud which defeated, and it was through this information that anti-monopoly republicans were defeated in some counties and railroad democrats elected, and vice versa. “When other work 1s dull, Ager puts in his time hanging around the supreme court, haunting the consultation room, and picking up pointers as Lo coming decisions, e Kopublican Succoss In Guge Sure. BEATRICK, Sopt. 20— [Special to Tus Bee.) —The placiug in the fleld of two demooratic tickets yesterday, making five sets of can- didates in all, makes the election of the entire republican ticket doubiy su The delegate to the state convention nominated by the anti-Cooks faction were instructed for A. Hardy for supreme judge Mrs. 8. W. Wadsworth, who has béen an invalid for a long time, sufferiug from tumor of the stomach, was tiken to Chivago today for the purpose of having an operation per- formed. A pleasant surprise was given by hose EPTEMBEY company No. 1 at thakesitenco of Douglas Oliver Monday ov to Herbort Smith, who leaves tomorr r lowa whore e will attend school: Mr. Smith has until rocontly boen on the mall service as earrior The police aro arresting bogs under 13 years old found on the stroots after 9§ o'clock P m. Thus far ten bofs have been arrested and given a night's lodging at the bastile. NEBRASKA COUNTY FAIRS: Exhibition at Plattsmouth One of the et n the History of Cass, Prarrssovti, Sept. 90, —[Special Telogram to Tne Bee.]—The twenty-soventh annual moeting of tho Cass County Fair nssociation opened in this city today under favorable auspices. The exhibits are large department, and tho fair is without doubt the very best ever hola in this county. The bicyele races today attr: od a crowd of several thousand. Some forty bicyclisis s on hand to participate, and the several contests proved unusually close and interest inz. The results wore as follows: One mi in every open, Pixley of Omaha won, Tom Patterson of Plattsmouth second, Sam_Patterson of Plattismoutn third; time, 8:07. Half mile, novice, Meierstein of Sioux City won, Cleaver of Malvern second, Schulhoff of Plattsmouth third; time, 12115, Quarter- mile, open, Condon and' Pixley of Omaha raz a doad heat for first, with Tom Patter- sov of Plattsmouth third} time, 35 seconds. Half-mile, open, Condon and Pixley ran socond dead heat for first honors, wi Proulx of South Omaha following close; time, 1:97 45, The two dead heats betwo Condon and Pixley were settled by giving the quarter-mile to Condon and the bhalf- mile to Pixle Half mile, boys race: Meirstein of Sioux City won, Louie Thomas of Plattsmouth second, Dewing Hiatt of Plattsmouth third; timo, 13201 Five mile handicap: won, Pixley of Omah South Omaha _third, fourth; time, 15:52, Cass county championship; Sam_Patter- son of Plattsmouth won, Thomas Parmels of Plattsmouth second, Th Pattersou of Plattsmouth vhird; time, 1:26. “The value of the prizes distributed among tho winners by the fair nssociation aggre- gated $600. Bicycle day has become a fixture of the fair. Somesexcellent horse racing is bookod for tomorrow and Friday, and a big attendance Condon of Omaha second, Proux of Sehuell of Omaha is expected. Tekasan, Neb., Sept. 20.—[Special to Tur Bee.|-The Burt county aunual fair opened today at this place and will con- tinue for three days. It bids fair to be one of the most sliccessful fairs in the Misiory of the Burt County Agricultural society. The crops in Burt county are good and the farm- ers propose to getout and show their big crops to the crowd to the best possiblo ad- vantage. Secretary J. R. Sutherland has been unceasing in Lis efforts to keep the fair before the publie, and has succeeded grandly. This year the fair is to be relocated for the next five years. Oakland and Lyons are after it, but today chances are in favor of its relocal am: this year makes the twenty-second annual exhibit. From the first the society has been well managed and has done much” toward uising tho resources of Burt county. half “mile track is one of the the state. The oficers of the society are: H. Juger, president, of Craig; John B. Lyon, vice president, of Lyons; J. R. Sutnerland, secretary, of Tekamah, and H. C. Lydick, treasurer, of Tekamah, FRENMONT, Sept. 20.—[Special Telegram to Tue Bek.]—The attendance at the Dodge county fair today has been very satisfactory to the management. The races have been very exciting, especially in the 2:40 class. There were three startors and each won in succession. The race will be decided to- morrow. Greai expbetations are indulged m_for the success of tomorrow’s session. FraNguiN, Neb., Sept. 20.-=[Special Tele- gram to Tue Bge]—The Franklin county ropencd today. There isa very good ex- hibit of agricultural products and live stock. The outlook is excellént for one of the best exhibitions ever held here. Quite a number of race horses are here and the week’s events will be interesting. adver- The best in Mrs. Leaseat Hasting: HasTINGS, Sept, 20.—-[Special Telegram to Tup Bre]—Mrs. Mary Ellen Lease was billed to speak at a populist picnic at Leroy this afternoon, but’ou account of missing a train failed to keep her appointment. In the evening fully 8,000 people wathered at the Kerr opera house to listen to the Kan- sas female orator. Chairman Jones introduced the lady. She drifted feom the railroad question to the tarnf and from the tariff to the money question, occa- sionally becoming sarcastic. She gave the preachers and editors o scorching and wound up by saying the republican_party was Kill- ing 1tself and that the democrats wero aigging theiv own grave. The audience, politically speaking, was a very mixed crowd, over half of which were ladics. Franklin Wedding Bells, FraNKLIN, Nob., Sept. 20.—[Special Tele- gram to Tz Bre.]—Miss Mae K. Byerly and Frod O. Miller wero married this even- ing by Rev. G. W. Mitchell in the Congrega- tional church, which was crowded. The groom is one of the prosperous merchants of the city and the bride is the daughter of Dr. and Mrs, W. H. Byerly, pioneer residents of this villago. The couple teave tomorrow for a trip to the World's fair. This morning occurred the wedding of Miss Johanno Baumann of this place and Gerst Moitzner, Rev. Mr. Klawittor of Minden_officioting. the local B. & M. The bride is a sister of agent. Famnrry, Sept. 20,—[Special Telegram to Tur Bek | —Port Davis was instantly killed by a Rock Island switch engihe last night. Ho was intoxicated and laying beside the sk when hit. The coroner’s jury exoner- ated the trainmen from blaume. Davis has relatives at Atlantic, Ia., and in Pennsyl- vania. e Fight In the Burnt Distriot, Camille Barker, Louise Marselle, Will Matthews, John Amps, Steve Hannifen and wife engaged in a lively fight in “French S NN Brings comfort and improvement and tends to personal enjoyment when rightly used. Tho many, who live bet- ter than others and enjoy life more, with less expenditure, by more promptly adapting the world’s best products to the needs of physical being, will attest the value to health of the pure liquid laxative principles embraced in "the remedy, Syrup of Figs. Its excellence is due to its presenting in the form most acceptable and pleas- ant to the vaste, the refreshing and truly beneficial properties of a perfect lax- ative; effectually cieansing the system, dispelling colds, headaches and fevers and permanently curing constipation, It has given satisfaction to millions and met with the approval of the medical profession, because it acts on the Kid- neys, Liver and Bowels without weal ening them and it is perfectly free from every objectionable substance. Syrup of Figs is for sale by all drug- gists in 50¢ and $1 bottles, but it is man- ufactured by the California Fig Syrup Co. only, whose name is printed on ever package, also the name, Syrup of Figs, and being well informed, you will not accept any substitute if offered, heviot Suits single or double br sack, from smooth or rough fnots, in black, Dlue, gray, fancy mixed, will prove a.good investment, coms- bining WOTHIOLrT, evening and cral brpken heads resulted arted betweon the wornen o “Amps was badly b OMcer Baldwin arrested charge of disturbihg the p uised and out, crowd on the Those of the Loulsville & Nashville Have Wopes of Winning. The striking shopmen of the Louisville & Nashvillo are of the belief that the railroad management i endeavoring to obtain towns to take their places. press corrospondent this morning Master Mechanic Charles O, day personally mot thr ame hore at the s Louisville & Nashville people 100 wore fro from New York situation to them and re To an Associated Two of the and the other was Brown explained the brown from the shops had not heard the shopmen a id immediately promised 10 return home, ann other points along the line g nature for the strikers current this that shopmen along the line, and possibly the entire Newport News & Mississippi Vi ley systom contemplate a strike, a 10 per cent reduction shops yestorday Style and Durability. For Ladies Only. We admit 'tis a trifle warm per- haps, to mention cold weather underwear, —- excellent these goods, from $20.00 to $40.00. - Order Now, Don’t delay until most desirable patterns are selected. assortment We are headquarters for Cheviots. $5.00 to $12.00. $20.00 to $50.00. $20.00 to $60.0¢ Samples and measurement blanks to non-residents. ey TAILOR so t5thst. BEFORE MOVING Special offerings are being made in every grade of carpeting to make them move quickly. If you need a carpet. If you need a rug. If you need curtains, If you need linoleum. If you need matting. This will be an excel lent opportunity to buy it and make a nice saving. You are invited to examine our stock. URCHARD & Wi UARPET (0, Douglas, between 14th and 15th. Trousers Suits Overcoats But every effect has it The effect of contin- weather caused a “quictude,” as it were, in the sale of advance winter apparel by manufacturers This “quietude” put a chance in our way to ot Cash 100 doz, tural wool, winter weight —full, regular made— pearl buttons, yoke drawers, made to sell at 81.50. Thursday we place them on sale at 903 a Garment, Nice, new, beautiful and you have them at manufac- turer’s prices. 1 Warm weather brought thebargain to us. Warm weather gives it back ty you IT PAYS 10 T RADE WITH The MORSE Dty Goods Co 207 CONGENTIONS, CHOLERA, 42 Avenue Vict BIRN EY’S Sttarth Powaer cures catara HOTELS. The Mercer. Omaha’s NewestHotl, Cor. 12th and Howard Streeis AMERICAN CONSERVAT! UISORDERS WEBER Music Hall, Chicago, All BSSES, DEBILITY, ETC., E them 1u mon QUICKLY aad P Fall STRENGTH and T will soud (o 40rooums K40) por day rooms With bath &t 1 por day. W0 rooms with bath at8L5) per lax sompany theu 1y Serii bogins Beph 74 Bend for Catalogus. d.d, Hatrar &1ven 10 overy pari of the body. Ccurely packed) PRER 10 any sufferor tho b of ot Addre A Minls deklae e Theer rah EWEET SPRINGN, MIANOURT. ho ereat Milit Wickiool of the West. iy 4 Write for Lilustrate] Catulogie