Omaha Daily Bee Newspaper, November 23, 1893, Page 5

MWKEIGHAN UNDER ARREST Nebraska's Fifth Distriot Representative in Cnstody at Lincoln. CHARGED WITH DEFRAUDING A HOTEL Falled to Pay Expenses Inenrred During the Recent Sanatorial Contest—Served With the Warrant at fils Home Near Red Cloud. Lixcors. Nov. 22 —[Special to Tnr Bee.) Probably for the first time in the history of Nebraska a congressman was today ar raigned in a criminal court to answer toa criminal charge. The statesman to break the record is Hon. W. A. McKeichan, demo. cratic and independent congressman from the Fifth district of Nebraska The warrant for Cougressman Me Keighan's arrest was sworn out by A. I Hoover last Monday afternoon, and it charzes him with havinz obtained board and lodgings with the intent to cheat and defraud. The warrant was placer in the hands of Deputy Sheriff Trimble, who started for Mr. MeKeighan's home at Red Cloud yesterday morning. Ar- riving at Red Cloud the deputy sheriff learned that the man he was after was at s farm, about three miles from town Thither the oficer ropaired. Ho found the congres his pri MeKer nan, served the oner started bac han was covsider warrant and with to Lincoln. Mr. by aunoyed at the method of colleeting o delinquent board bill, but he took the matter in as wood grace as he could muster. After a brief consultation with his attorney at Red Cloud Mr. James Gillam, the congressman and prisoner boarded \he train for Hastings, the attorney anying him 1 Anather Attorney. s another stop was made and ured in the person of The officer, the congress At another Charles T4 man and the attendant attorneys arrived in Lincoln at $:20 this morning. Mr. Me- Keighan was at once takeu before Judge Lunsing, who granted him a continuance until 2 o'clock this afternoo releasing him on his own recognizance. This aftoraoon attorney asked for an ance until November 1% 1 be held uatil nd tho case has created considerable talk here i Lincoln, but up to the present writ- ing it has not been asserted that the charge was brought from political motives. The Messrs. Hoover, proprictors of the Hotel Lindell, are quiet, unassuming geatlemen who confine their business strictly withis limts. Their houso has for se vs past been considered general uarters for the members of the peo- ple's independent varty. The leaders of that party geuerally make that hostelry their temporary abiding place while in the city. sicieighan came to Lincoln during the last session of the leg ure and remained at the Lindell for several weeks. He took a prominent part in the senatorial contest which resulted in the election of Senator Allen, and was himself prominently men- tioncd as a candidate. He had a te of rooms on_the second floor until leaving for W ushington late in February. He neglected his mill and all efforts upon the part of the hotel proprietors to induce him to sottle have been unavailing. They have finally come to the conclusion that the con- gressman from the Fifth district has no intention of settling the claiim. Hence s arrest. MeKeighan seen at the Capitol hotel this evening by Tue Beg corretpoudent. By tha advice of his attorneys he declined to make any statement for publication at this time. His Attorney, C. H. Tanner of Hast- ings, made the following statement: “*We were roady to go to trial this morn- ing, out by common consent the case was deferred until this ufiernoon. At 2o'clock we were ready and were very mucn surprised when the state asked for a continuance. Mr. Hoover came to us today and stated that he was willing to drop the case, provided we would pay the costs. We refused. Mr. M Keighan has nefeeling in the matter and if he owes Mr. Hoover anything he will pay it. He will vot pay any bill incurred by hangers on who may have ordered their billsat the Lindell charged to his account. When the zase comes on for trial we will knock it_out the sompletely. We have letters with us which will prove our ca: ompletely. “Mr, McKeighan does not hold M personally responsible for this criminal action. He believes that Mr. Hoover has been urged into it by unscrupulous frieuds who are actuated by purely personal and po- litical motives. Substanee of the Defense. Mr. Tanner declined to give the nature of the defense that is to be made when the case comes up for trial, but from another source, which is perfectly entitled to credence, the following fac related by the gentlemen who invited McKeighan to Lincoln: - “I wrote to McKeighan,” said the gentle- man, “'some time before the legislature con- vened asking him to come to Lincoln. 1 ex- tended a similar invitation to Congressman Kem. McKeighan came to Lincoln and re- mained several aays. He then returned to Red Cloud, settling his hotel bill, which amounted to §11, before going. He returned some days later and remained at the Lwdell during the greater part of the senatorial contest. The day he started for Washington I went with bim to tho hotel oftice. Ho stated to Mr. Hoover that he had his January voucher upon which he could not draw his salary until he returned to Washington. He stated further that if it was perfectly agrecable he ‘would forward the moaney from Washington as soon as he arrived.” This arringement was perfectly satisfactory to Mr. Hoover and the statesman departed. Some time later he sent Hoover a drafu for $100. Hoover acknowledged receipt of the money by letter and added that several of Me- Keighan's friends had ordered their bills charged to him. McKeighan knew nothing of bills incurred by the other men, and it 1s these claims that have brought on this crimi- val action. Molds Hoover's Kecelpt. “McKeighan holds Hoover's receipt for the $100, aud will prove on trial that he has pald Hoover §111 for his seventeen days at the Lindell.” From still another source it 1s learned that Iloover wrote to McKeighan repeatedly in regard to the claim, and that the congress- man paid no attention to the let- ters. Hoover then placed it in the Hoayer hands of a collection agency, which wrote to McKeighan and threatened to pub- lish the story 1n the newspapers at Wash- lll(l.o‘x Omaha, Lin-ola and Red Cloud if the bill was not'paid at once. Upon receipt of this threatening letter McKeighan wrote o letter in reply, 10 which he indulged in some very vigorous, if not precisely clogant, language. A meeting of the independent state cen- tral committee has been called to meet in Lincoln next Tuesday, and there is_a mani- fest disposition to make the matter a lively Issue n_ politics. Tho independent leaders in Lincoln announce that they have with- drawn their patronage from the Lindell hotel, and they mildly insiuuate that the public will hear something drop with one of ihose kinds of thuds when the state com- wittee meets next Tuesday. Hard Luck of & Tragedian. Walker Whiteside, the young tragedian who filled an eugagement at the Lansing theater in this city last evening, plaving “Richelieu"” to a large and fushionable sudi- ence, found himself involved in u serious dif- gmll.y with bis advance agent this morning. he advance man, Mr. Lawrence Reist, went before Justice Foxworthy aud securea an at- tachment against Whiteside's baggage for a claim of $200 for back salary alieged to be due him. Mr. Whiteside spent a greater portion of the day iu eodesvoring to straighten out the matter and only n::hll.v succeeded. Several parties were willing to go unon his bond pro- viding he could indemnify them against pos- ible But Whiteside is a long way from home, and his friends are in the easi. He eudeavored to secure istance by tele- mrh\na to friends in New York, but in the lted time at his disposal was unable to do #0. He aud his company departed for Ni braska City \his afternoon, leaving the at- tached bebind. He states that he eni that his luck willuchange within a short time, a8 he seas botter pros. pects ahead, From the Police Conrt, Robert Bracken was arcaigned hefors Judgo Waters this morning on the charee of stealing an overcoat valued at €10 from J. T, Trotter. He was granted a continuance until Monday, and in default of bail will lie in jail. P. M. Herriugton, charged with selling liquor-on Sunday, came up for trial this ufternoon, but his attorneys applied for and were granted the usual thirty days exten- sion. William Weams noglected to take out a hack license. and the judge fined him &.70. W. H. Sullivan, the transfer man, was ar- raigned on the charge of running his wagons without a lweense. He secured a coutinu- ance and will toll the court about it tomor- row morning Dan Laver. the rocently acquitted asylum steward, was placed in the station on com- plaint of his wife, who charged him with ming home drunk and smashing up the furniture. The police declined to visit the house when Mrs, Lauer telephoned and a neighbor escorted him to the station. He registered under the name of William Drake, and after he had become sot charged by the chief. The police are making a number of arrests cry day now for allezed violation of the ordinance requiring draymen and hackmen to take out a city license before plying their trade. er he was di Their Marriage a Fallure, The divorce docket was unusually inter- esting today. Alvert L. Greentleld, a well known citizen of Lincoln, applied to the court to release him from the ties which tound him to his wife, Malinda. They were married in Tecumseh in 1386, and he says thatafter they had enjoyed wedded bliss for a short time he was rudely awakened to the fact that she possessed a fault-finding, complaining aisposition. He alleges that she was so persistent in her scolding that he was unable to sleep nights, and that she finally deserted him in 1502 and went to live with another man, whose name is to him unknown Mrs. Martha Martin secured a divorce from ber husband on the grounds of deser- tion and failure to support. She was given custody of the children. Mary Hogue was the third avplicant today. She complains that she was mur- ried to her present husband last January, butin twp months after the celebration of the happy event she discovered that he was a habitual drunkard. He neglected to sup- vort her and deserted her March 21 last. Aflairs ut Fremont. Frexost, Nov. 22.—[Special to Tae Bee.| —Superintendent Smith has received orders from headquarters to have the doors and windows of thesgovernment building barri- caded. The news from Washington gives hope that the contract for its completion will shortly be let. About 7 p. m. yesterday a masked thief went through the dwelling of Rev. Mr. Chestnut, but as he was coming out Mr, Chestnut's son appeared on the scene and with a shotgun accelerated his retreat, but could not tell whether he bit his mark. No arrests have been made. A full house 1s assured for the Kuights entertainment in “Damon and Pythias™ to- morrow evening. Alveady ever 400 reserved seats have been sold. The characters are mostly represented by local talent, and that increases the interest. re are no new d elopments in the city urer complication. The oftice is now closed awaiting _the acceptance of Fowler, the appointee, which is cided. The ex-treasurer has finally over his property to his bondsmen, and that will linely be tho last of it as far as ho is concerned. [t is understood that the bonds- men will not settle with the city untilordered to do so by the courts, impelled to that con- clusion to protect themselves from further trouble, yet undeveloped. Th of course, will involve the county and school district, as well as the city, and create more or less expense. A good deal of interest is being worked up here by Orezon parties in Oregon prune land. and it looks as if there might be quite an emigration to that country the coming spring. There is a movement by local parties to- ward the cstablishment of a beet suzar fac- tory, contingent, however, on the action of congress on the tariff. “The trial of Nelscn for the burning of Uehling's barn 1 stiil on, but will probably be given to the jury tonight. questions of bounty and « Murder Tr Hartrxatoy, Neb., Nov. 22.—([Special Tele- gram to Tue Bee.]—After two days of hard work a jury has been empaneled to hear the evidence 10 the Koch murder trial. John B, Koch is chargea with the murder of Henry nsiug on the 6th day of Juns of tiis year, “The court room has been literally packed for the past two days with persons unxious to hear the case. The prisoner has secured the services of two Sioux City attorneys and one local attorney. The prisoner i0oks pale ana bleached, having been confined in the jail here since the murder. He is a man of but 22 years of age, and is the son of Her- man Koch, one of Cedar county’s prominent citizens. Fairbury Improvements. Famnuny, Nov. 22.—[Special to Tie Bee. } —The Fairbury Electric Light and Power company is extending its lines and putting in four more arc lights on the streets and three in the Rock Island yards. It is also fitting up the superintendent’s, train dis- patcher’s and other offices of the same road with incandescent lights Dr. Wilson, who was arrested for illegal voting, on complaint of Wright, the defeated povulist candidate for sheriff, will have his trial Thursday. Wright has engagea at- torneys and will contest the election of Men- denhall, who had one majority according to to the returns Charged with cattie stealing. HasTiNgs, Nov. 22.—ISpecial Telegram to Tue Bee.|—Chief of Police Wanzer today arrested Mike Shea and John Shea of county at the request of the sheriff of Hail county, charged with cattle stealing. For some time cattle have been inysteriously missing from what is knowo as the Reufrew ranch in Hall county. About forty have altogether been stolen and now the Hall county authorities elaim to have positive evidence that the Sheas ran the cattle off through Adams county to Clay and then shipped them to Omana. There 1s positive evidence that they made away with nine. Breach of ['rumue_l‘ule, Trcussen, Neb., Nov. 22—{Special Tele- gram o Tik Bee. |—The jury in the district court now in session here is out on tho first breach of promise case for Johnson county, which was tried today. The case is Derdin- ger against Tover, Jawes R. Tob shier of & bilflk‘fll Cook, was sued for 5,000 dam- ago by Miss Mary M. Derdinger of Jersey- ville, 1L, ‘The case hus proven un attractive oue, and the court room has heen packed with spectators all day and during the evening. In the ovidence for plaintiff 1% letters were read, most of them being of a rather sweet nature. Bink of 5 iew Paylug Claims. SPRINGVIEW, , Nov. —|Special to Tue Bee. | ~The defunct Bank of Springview nas paid 05 cents on the dollar tw its de- pusitors and Receiver Brown says it will pay 10 per cent more. ‘I'he county 1s short about #1,000 and the commissioners are after the bauk’s directors for the amount, They will probably fail to collect, as the county treas- urer bas failed to keep a monthly account of the differcnt funds deposited by him, whnich the statutes say he mustdo. The matter will probably be settied in the courts ol Diphtheria. Hasvixas, D —[Special Telegram to Tue Beg. )—(laude, the eldest son of W. R. Suyder. died last night and was buried early this morning. This is the second death from diphtheria here, but 1t is thought that the disease is checked ana will not spread more. Ounly one other case is known here, and Hastings scews to be es- caping the experience of other Nebraska towns. Hank Oficers Elocted. Newaax Grove, Neb., Nov. 22 —[Special toTae Bre]—The Newman Grove State bank stockholders held their anuual meeting last night. ‘fhe following officers were elected for the ensuing year: J. W. Prim- mer, president; Alox Guuther of Omaba, vice presigent ; Charles Schaveland, cashier ; H. H. Saare, assistant cashier. Thisves Use Chioroform. Sraxrox, Neb., Nov. 22.—[Special Tele- Sram w0 Tus Bas. | ~Last night thieves en- terel J. M. Rhodes’ boarding houss, chloro- formed the inmates and relieved them of 2% in cash rad several watches. Augustus Johns lost about #70. Small Biaze at Fairbary. Famneny, Neb., Nov. 22.—[Special to Trs Bee ] ~A small dwelling owned by W. T. Browner burned about 3 o'clock this morn- ing. The house was unoccupied and prob- ably set on fire. T.oss about #200, with no insurance, A. V. Cote Improving. Hastixas, Nov. 22 —[Special Telegram to Tae Bre. |—Ex-Adjutant Generat A. V. Cole of Juniata, who has been very near death's door for several days, is reported siightly better today NEWS FO RE. is- Appolntment of a Brigadiet General tribating the Ranking OfMcers. Wasnrxaroy, Nov. 2. —[Special Telegram to Tue Bee.)—The following army orders were issucd today The leave granted Peter . Marguart, S tended one month, The appointmen the army a Second Lieutcnant nd infantrf, is ex- of a brigadier goneral in I the consequent promotion in the line which will resu't from_the retire- ment of Brigadier General W. P. Carlin on Friday nexi a the _princival topics in_ army circles. All the colonels of the line are cligible for the star appointment. The ranking colonel of the army is Colonel W. R. Shafter, Firse infantry, who, in addition v his seniority claim, 15 said to have the support of Mr. the Tammany sachem. Next in , who is said Secretal Schofield congress Harrison as o to be the choice of ex es Proctor and Elkins and General Just before the close of the last he was nominated by President brigadier general to succeed General Cary. Congress aajourned without acting on his nommation and President Cieveland appointed General Carliu to the vacancy. Following these candidates in relative rank come in order Colonel M. M, Bluut, Sixteenth infantry; Colonel P. 'T. Swanie, Twenty-second; Colonel H. C. Merriam, Seventh, and Colonel Z. R. Bliss, Twenty- fourth, [t secms safe to assume that if an infantry colonel is chosen it will be one of these or of the two previously mentioned. The next officer in relative rank is Colonel J. W. Forsythe, Seventh cavalry, famous during the war on Sheridan's staff. It is generally conoeded that the selection will be confined to the officers named above, and it is even said by persons near the fountain head of information that the appointment will surely fall to either Colonel Shafter, Colonel Bliss or Colonel Forsythe. The matter will probably be settled beyond con- jecture next weelk. S L MACLEOD WILL BZ TRIED. ecoutive Session of the Investigating Committee Held Last Evening. The committee appointed at the last meot- ing of the Board of Education to investigate the charges against Superintendent Macleod held its first session at the Board of Educa- tion rooms last evening. There was a full attendance of the committee, consisting of Colonel H. C. Akin, chairman; W. N. Bab- cock, Rev. J. T. Duryea, J. L. Piersonand B. F. Thomas. Clinton N. Powell was present 1 an ad visory capacity at the request of the chairman. ‘The committee attempted nothing further thau to arrange the preliminarics of the wrial and decide on the course of procedure. After some discussion the chairman was di- rected to notify all members of the Board of Education who had charges o profer against Macleod to be ready to present them by next Monday evening when the committee will meet to reccive them. An adjournment of one week will then be taken to allow the superintendent an opportunity to prepare his defense and on the evening following the hearing will begin. nere were some members of the commit- teo who thought that Mr. Macieod was al- ready well enough acquamted with the charges against him. These members were in favor of going ahead with the invest tion without delay. Rey. Duryea contended that the accuse was on trial on serious charges and should be given every oppor- tunity to defend himself, and it was finally settied as above stated. e The committee decided to make the fn- vestigation open to all members of the Board of Education and to the representa- tives of the press, although last night's meeting was au executive session el ol COCHRAN'S DENIAL. Statement Made by the City Prosecutor in Reply to Certain Accusations. City Prosecutor Cochran called at Tug Bee office last eveniug and made the follow- ing statement “In gegard to the article in the Worl Herald of last evening, headed ‘After Mr. Cochran’ it 1s a tissue of falsehoods from be- ginning to end, and the cowardly writer knew it when he wrote the article. He does not attempt mor can he preve a single asser- tion therein contained, nor has he the all grain of honor which would prompt an hon- est man to make known the source of his in- formation. His purpose was to put me in a bad light before Mayor Bemis and to make the entire police force my cnemies. The writer of the article is owned, body and soul at the price of free drinks, by s small coterie of ghouls who threatencd two years ago to blackmail me out of oftice. vecy lino of the article which appeared in Tue EvesiNe Bee of the 21st under th head *Cochran Was Cranky’ is unqualifiedly false. That part of the article to which T tako most particular exception is that which reports me af saying that all policemen when on the wity stand were liars, and that | did not believe any of them. The purpose of this statement was L0 prejudice the entire police force against me. The fact is a large art of the police force have as conscien- tious a regard for the truth ashave any other class of persons and I nave unever entertained an idea nor uttered an expres- sion to the contrary. . ——e, Federal Court Notes, Judge Dundy neard again from the grand jury last evening, and Frosted Bear isa happy Indisn. He was charged with the wurder of Little Statlion, but the jury found that the evideuce which, was wholly circum- stantial, was vot suficient to justify a trial and did not indicate Frosted Bear's guilt. Theprisoner was® released soon afier the failure of the jury to indict him was made known to the cotrt, The juryin the case of Henry Chamber- iain against the Miodlesex Live Stock com- pany found for the plaintifft and fixed his damages at $5,440. The defendant will appeal. . Today the court will be occupied with the case of Mrs. Catherine Beard of Omaha against the Mutual Reserve Funa Life asso- ciation. She sues on a policy issued to ner husband for §5,000. Payment is resisted on the ground that the policy had lapsed on account of nonpayment of dues and on the further ground that the policy was secured by Georze R. Beard through misrepresenta- Lion as to his hubits and physical coundition, Mr. Beard d'ed October ¥, 1802, R Plukerton Visits Omaha, William A. Pinkerton, chief of the Chicago branch of the Pinkerton detective agencie: was in the city yesterday on his way to Port- laad, Ore. Mr. Pinkerwon came down from St. Paulon his way west and stopped to visit with Chief of Police Seavey for a short time and to learn all Le could avout Bank Swindler Coftield. He thinks Coftield is one of a gang which has been working the couutry in this mauner. This gang has its headquarters in New Yock and is supposed o have agents all over the country at the preseut time. He complimented the Omaha ofticers for the capture of this man and also for their work in assisting in the tracing and identification of the Wilson boys. Mr. Pinkerton has been attendiog a trial of the trawn robbers in Wis- consin, whom his men arrested some time ago, und is now waking 4 tour of inspection of the Piukertou agencies throughout the west. —— DeWitt's Witch Hazei Salve cures sores. DeWitr's Witch Hazel Salve cures ulcers. S — Ralsed & Disturbince, Harry Walker, a baker, raised a disturb- ance in Balduff’s bake shop yesterday even- ingand was arrested for disorderly cou- duct. Oue word descrives it, ’)urr-etwn " Were- orto Dewit's Witch Hazel Salve,cures piles . THE OMAHA DAILY BEE: THURSDAY, NOVEMBER 23 1893 SUPREME COURT DECIS.0NS State Loses I's Su't to hnfinl the Atchison & N:braska's Gharter, it GREAT VICTORY FOX THE BURLINGTON t Tribanat of the State Keverscs in Order to Findkavorable to the Company—Jadge Maxwell Dis- sents—Other Opinions. LixcoLy, Nov. 22.—[Spesial to Tus Beg —1'he supreme court decided a case today | which has been pending since 1887, and | which in many vespects isona of the most | notable ever reviewed by that teibunal in | its history. The case referred to is the one | institused i 1887, by Attorney General | Lcese, to forfeit the charter of the Atchison | & Nebraska Railroad company because of its | illegal consolidation with the B. & M. The E opinion today dismisses the case. The dismissal is likely to create something in the way of comment, for the reason that in dismissing the case the court tically reverses its own opinion in same case delivered five years ago. the cours decided, without a dissent, the Atchison & Nobraska was 4 comps line with the B. & M., and as such within the meaning and intent of the stitution which prohibited the consolidation of competing lines. It was alsy decided by the court five years ago that the lease be tween the two roads was void Today the court decides, Chief Justice Maxwell dis- senting, thatthe Atchison road is nov a competing line, agd that even if 1t was the 1nterests involved are of too great a magni- tude to permit a forfeiture of the charter. History of tho € This case was originally commenced by Attorney General Leese 'in 18357, Oan De- cember 2 of that year he commenced quo warranto proceedings in the supreme court to declare void the lease by the Atchison & Nebraska railroad of its line to the B. & M. In his petition Attorney General Leese cited the following facts That the Atchison, Lincoln & Columbus Railrond company was incorporated on April 25, 1571, and that on August 13 of the same year it was consolidated with the Atchison & Neoraska railroad and assumed the latter me; that by the aid of 8500000 in bonds voted by the taxpayers aloug the line of the road in Neoraska the company completed its line to Lincoln on Junuary 15, 1872, aud from that date until January 1, 1850, operated snd maintained it as a competitor to the Bur- lington & Missouri River Railroad in Ne- braska. During these years, alleged the attorney general, there was a strong_compe- tition between the two lines, resulting in reasonable, but low rates of charges for freight and passenger traflic. But, according ¢o the nformation filed by the attorney zeneral, this happy state of af- fairs was abruptly terminated on January 1, 1880, at which time the Atchison & Nebraska company, “disregarding its duties to the state nd to the public, unlawfully and willfully cntered into an agreement with the Burling- ton & Missouri River Railroad company,” etc., by which the two roads were consoli- dated under the same management. As a result of this consolidation ail competition was destroyed in the southeastern quarter f the state, and all grain, stock and other sses of freight which formerly were pped to the south were diverted to the northern route. Whereupon the attorney eneral prayed the sipreme court to declare forfeited all the rights, privileges and fran- chises of the Atchison & Nebraska. The attorneys for the defendaut company ame into court with ya demurrer, claiming | that the facts stated in the information were vot sufticient to entitle the state to the relief prayed for. This demurrer was over- ruled. In writing the opinion Chief Justice Maxwell reviewed the case completely and his opinion is worthy of baing recorded upon the pages of the hisiory obthe state. Cousolidation Prohibited. Chief Justice Maxwell quoted section 3 of avticle x1 of the coustitution of Nebraska, which states expliaitly and in unequivocal language that -no railroad corporation or telegraph company shail comsolisate its stock, proverty, franchiscsor earnings, in whole or in part, with other railroad corporation or telegraph company owning a parallet or competing lin Commenting upon_the above section the chief justic : *This is an absolute pro- hivition agamst a railroad corporation con- ung_ its stock, property. franchises or carnings, in whole or 1n part, with any other railroad compauy owning a parallel or com- peting line. The word ‘consolidate’ is here } used in the sense of join or umte. The cou- stitutional convention wimed at practical r sults, The character of the title of the par- ties operating a railway is of but little mo- ment to the general public, while the r quirement that different roads shall continue tobe competing lines, as when they wera constructed, is of the utmost importance to all. The law cannot be ovaded, therefore, by substituting a lease for a deed of conve; ance. * * * Ast)wiatare parallei roads is not now before the court; but that the de- fendant was a competing road is allezed in the information, admitted in the demurrer and clearly shown from the records. It was theretore clearly within the inhibition of tho constitution. ¥ * # The court will not, in the firsy instance, however, declare a f feiture, but the lease will be declared voi Reversing lts Own Judgmeat. Tne aboveopinion was filed during the January term of the year, 1888, The opin- ion that the Atchison” & Nebraska railroad as a competing line with the B. & M. was assented to by Associate Judge Cobb aund Chief Justice Reese. 1t has remained for the present court to practically reverse the original opinion expressed five years ago. The opinion handed down today was written by Commissioner Ryan. 1t merely adopts the findingsof the veferee, Mr. John H. Aues, who, by a system of reasoning pecul- 1arly aud entirely bis owa, establishefl the fact that the Atchison & Nebraska road was pr ily a prolougation and coutinuation of the B. & M. Mr. Ames arrived at this conclusion by asserting that inasmych as the B. & M.’s branch lines from Crete to Beatrice and from Lincoln to Nebraska City were not parallel, but divergent from the main line from Plastsmouth to Kearney, hence the Atehisen & Nebraska from Atchi- son to Lincolu is not a parallel line with the B. & M., but a divergeat line, and conse- quently a prolougation or continuationof the n line. Commissioner Ryan concludes his opinion i “It may be that these points xceptions o the findings of the re well taken and t might be disposed of upon the presumption contended fol The magnitude of the io- torests involved * * * seemed to require that technicalities shauld be avoided as far as possible.” The case Is dismissed. It may be needless to remark. however, that Judge Maxwell dissents from™the opinion of the majority of the court,' Opiuious of the tourt, Syllabi of the opinions.banded down today are e Russell agaiost Gulespie. Ecror from Red Willow county. Afimmsd. Opinion by Mr. Commissioner Kagun: * There being no disputed question of law in this case and. the verdierdf the jury boing in all respects in accorduswe with the evidonce, the judgument of the digizics court is afirmed. Schrider against Tigae. wError from Cass county. Affirmed. Opiniop by Mr. Commis- sioner Ryan. The sole question presented in thisease is, whether or Dot as aga EVEXIsting creditors o iattel mortzage made by a Judgument de- fendant to plaintiff in error was fraudulent, the verdict of the jury supported by cou: petent evidence, is couclusive of thit aues- tion as one of fact. State ex rel Auorney General Atchison & Nebraska Railway o quo warranto. The, exceptions to port of referee o prac- the Then that con- agaiust upany, the re- T d information dismissed. Opinign by Mr. Commissioner Ryan. < I quo warranto procealings to declaro vold the lose by Getontans TS oo Lo, anorhor rullrond compuny, aud Lo snnul s subsequsnt deed of defendant (o salddessee, by which lease aud deed I was clalmed that @ gonsolidation had boen effected of paralicl Gofipeting lnes not tormiug a continuous line without break of gauge or interruption, it 1s held upon full consideration of all the proofs upon which was judde up tho report of the referce, that cach of Lis findinzy of fuct and conclusions of law, ad- versely (0 the muterial averments of the in- formation, 1s cortect dissenting. Tho proofs and the boeing adverse to on the Information sue Chiet Jastic Chiot Justice Maxwell report of the roveres ch material allegation of hinformation is dismissed. te Maxwell dissenting Invoking Mandamus, State ex rel Gallicher against Holmes. | Error from Douglas county. Afirmed Opinion by Mr. Justice Norval 1. Mandamus cannot Iy d for tha pur- | invok pose of correcting errors mitted by a | court or other tribunal exercising judicial functions 2. The appropriate and proper remedy for reviewing a decision of a justice of the peace in granting a new trlal on the ground of fraud, partially on unduo means, is the ordinary one of u petition in error to tho district court Roh against Vitera. Error from Butler county. Motion to dismiss sustained Opinion by Mr. Chief Justice Maxwell. | 1 rder of th fet court vacating fts own j went rendored by default and per- | g the defendant to answer at the sanie 10 At which the judgme o final ordor. 2 Amotion (o vacats ns for the pr I the causes tis rendered is not sien e urt, by e set forth In an a npANYIng pap rand submitted to the court in that form and acted upon by it, a reviewing court will not deciare its ruling thercon vold although it may be erron sous. 3. A mistuke in the thira point in the sylla- busin Hansen against Borqu st 9 Nebriska 266, corrected by submicting the words “exes cution and” for “judgment.” Wagner against Stefn. Error from Gage county tice Post 1. One who purchases parso Afficmed. Opinion by Mr. Jus- Al property with knowledgo of u prior unrecorded mortznge thereon takes subject to the lien created by such mortgage 2. Evidence examined and held to sustain the finding t U the plaintiff who clatins under | 1 b1 of snlo of personal property had actusl | notice of a prior unrecorded mortgage the Bush against Bank of Commerce. I from Johnsou county. Affirmea, Opinion by Mr. Commissioner Ryan. 1. Anamendmient of an answer th meot the Proofs “was properly refused when such amendment taken in connection with the other averm s of the wer, en it elearly proved, constituted no defenso. Where a motion for a new trial was pre- dicted npon the alleged prejudice of the judge to whom o trial of the “case had be 11t Was ot error to overrule said motion where there was no proof to support its allegations. 3. After introduction of the evidence the case was taken undor advisement for four days by the county judge to whom it had been tried, and on the “fourth day the defendants appeired and mo leave to amend thelr answer to conform to the proofs; and It ap- pearing that tho noto upon which ihe sutt had yeen brought could not be found, the parties stipulated that wcopy should b 1in ovi- s d held, that even i€ i wa ) to with- hold ju ut for four days tho above facts show that the case was not fina submitted for judgment until the fourth d upon which judgnient was renderou, Conway azainst Roberts. Error from John- son county. Affirmed. Opinion by Mr. Commissioner Ragan. By the provisions of section ot Civil Procedure a debtor resident of this state the head of a family and engaged in the business of agriculture is entitled to select and hold as exemipt from execution "a pair of horses,” he may exercise his own discretion in the selection of such horses, and is not limite toany particular horses, but may makes selection from any horses owned by him ) of the Code ch About Puyment of Taxes. Dixon county against Beardshear. Error from Dixon county. Reversed. Opinion | by Mr. Justice Post. Where one pa witia full knowl such demand ilicgal, without any urgent necessity therefor, such as the threatcned immediite seizure or sale of his property, such payment will be deemed voluntary and cannot bo recovered in an action at law. Dressen against State. Error from Cherry county. Reversed. Opinion by Mr. Justice Post. Lino ys an lilegal do; 1g0 of the fa and for taxes s which render er o sustaina-eonviction for a fel on purely circumstantial evidence the cir- cumstunces pointing to tho zuilt of the ac- | cused must be of so conclusive a charact to exclude every other reasonable 2.1t is not suificient that the cir when considered tozether create althouzh u strong on cused. 3. To sust ypothesis. amstances probubility, , of the guilt of the ac- in a conviction for murderor mans ghter the corpus delicti must be es- tablished beyond a reasonuble doubt, and when the clrcumstan relied on to prove that death was caused by the eriminal act of a person other than the deceased are consist- ent with the theory that death was produced by natural causes there is failure of proof. 3, Evidence examined and held not sufli- clent to exclude the hypothesis that death was produced by natural causes. Holmes against First National bauk of Lin- colu. Error from Lancaster county. Opin- ion by Mr. Chief Justice Maxwell. Re- versed and remanded. A blank endorsement of a negotiable in- strument before due where the t Dona tide holder in the dus cou establishes a liability w annot be varied olevidence. But between the original endorsement may be wodified L e entire transaction may be renson of which the endorseuients were mude, and_parol evidence is admissible for the purjose of proving the same. May Prefer Creditor well against Wright et al. Buftalo coun Aftirmed. Opinion by Mr. Commissioner Ragan. 1. A debtor In failing circumstancos ight to secure or puy in full a_portion of his creditors to the exclusion of ~ others, and whother in so doing he is actuated with a fruudulent purpose Is o question of fact and novof luw. Kilpatrick-Koch_Dry Goods com- pany agalnst McPheeley, 87 nsfer is to a > of business Error from Las a eb An intention on the part of a_debtor to defrau cannot be inferred moarely from the ct that he desired to and did prefer certain creditors. Jones ugainst Loree. 37 Neb. 3. An atts cause of acti chment muststand on plaintiff's 1 as it existed when the affidavit for an attachment was filed and ths writ issued, and if the plaintiff at the date of the issuing of the attachment does not own the claim for which he seizes the aefendant's property he cannot afterwards, by purchasing Such clitim, assert it by amendment or other- wise ugainst the property seizod under the g tachment by virtue thercof, 4. Wherew plaintilf brought sult, alleging as a cause of action his ownership of certain notes then past due, made and delivered to him by defendant; and at the same time led an affidavit for attachn in which such notes were made the of such elum against the defendant, und cansed the prop- erty of tho defendant, Lo be seized uader such attuchment; aird it afterward ‘uppeared that plaintiff wus not the owner of sald notes or any of theus the time of bringing such suit and instituting such attachment and seizing said property: held, that the attachment should be dissolved although plaintiff, after the seizure of def the owner of said the t dant's property, became notes and ownod them at ne of the hearing of the motion to dis- g0 the attachment. e, Milburn & Stoddard company against ille. Error from Cass county. Re- versed. Opinion by Mr. Commissioner Ryan. After the expiration of a lease to a retail deater in agricultural implements some of the implements were permitted fora time to re- main in the room whereln the business of Said dealer had baen carried on, nfter which sald isiplements were turned over to the plaintill fo error; held, that these facts did ot render lable the plaintiff in erroe. for the storage of suid goods after the expiration of the term of the lease, 6 von though [n said tall business the lessen had been the agent of {he plainiilf in error, such relation Laving been disclosed by sald lessee or at all acted upon by tho lessor Omaha Fire lusurance company against Maxwell, Sharp & Ross company. _ Error from Maiison county, Afirmed. Opinion by Mr. Justice Norval. A motion to dismiss & petition in error on the ground that the record shows that the order sought to be reviewed was entered by consent of purtics will nov be entertained by this court when notice of the motion has not been served prior to the expiration of the time fixed by rule viil for serving briefs in the case. 2 A party cannot predicate crror upon e overruling of & motion for a new trial by the district court where such order wus made in pursuanes of the written stipulation of all the partivs. 8. An order or Judgment which is entered by scment of parties wnd not as the decision of the trial court will not be reviewed by this court. Russel et al against Gillespie. Error from Red Willow county. Afirmed. Opinion by Mr. Commissioner Ragan. There I3 no question of law involved in this case, and, the verdict of the jury being the only'one thut shovld have beén rendered on the testimony, the judgment Is aficmed. Valldicy of Verbal Contracts. Powder River Live Stock comvany, against Lamb. Error from Stanton cointy. Ke- versed and remanded. Opinion by Mr. Justice Norval A verbal contract to be vold under the first clauso of section 8 of our statute of frauds, must be one that by 1ts term is not to be per- formed within oue year frol the mauking thereof. ‘The statute does ot refer to such CODLrACts as may possibly or probably not be performed within that ui 2. An oral agreement od into in Octo- ber, 1886, for the sale and delivery by plaintiff to defendant of a quantity of corn of time of delivery and May, 1885, 1s not witiin the elghth section of our statute of frauds, since pertormance within ono year is possible 3. Under section 9, chapter vxxil, Complled Statates. un oral contract for the sale and delivery of personal property of over 50 in value, nopart of which has been accepted or received by the b of the purehase n the ¢ 18 invalid whore no part ney was paid at the time d1nto and whore no of the contract was itract w m in writing pseribed by tho party to 0 charged thorehy 4. A deifvery alone by the vendor 1s not st helent to take the contract ont of the stat- ute, but there must also be A receipt and ace ceplance of tho thing sold by tho vendso o hive that effect 5. In anaction upon a contract within the statufe of frands, the petition must state taking the contract out pleading will L ort 6. Under o gener: o n A petition upon 1z sueand delivery of personal proy under the statate, the defendant himsel? of the defense that such agr inyaltd under tho st te of frauds t anagor of business T'ho woneral ation carrying on pding of catile to the corporation. 5. A PATLY CANNOL FACOVER HPON & quAntur meralt whare he pleads and relies' on th 0 1 specinl contract vt will not reverss fan erroneons urLy com acor f ralsing ¥ empow :k belonging the IS presamat idgment nstrustion plaining noit not It tior appears that the g y t to rotuse an i putaining a covercd proposition of 150 where stru law applicable to the issues in 1l the prineiples of which have not been covered by the charge of the court Rockford Insurance company against Max well, Starp & Ross company. Error from Madison county Mr. Justice Norval The questions prosented being the same as I the cise of O naba Fire Insurance company ! 1, Sharp & Ross company de- cided herewith, this case s affirmed Want of Constderntion, gner against Lewis. Krror from Gage county. Affirmed. Opinion by Mr. Chiof Justice Maxwell. One L sold his farm for £4,000 In third prrsons, the parchaser 1o asst cumbrance oi the tarm for about ANt charced that the purchas arm had made ropresentations that the no were good and that he reiled upon the same. which representations were unteu proving to be nearly worthless the vendor the farm tendered them bhack and asked for Aftirmed. Opinion by ot d that the title of the farm be conveyed und quicted in him. Tho court be low having found in his favor, hold that the Judgnient was right and is affiemed City of Lincoln against Grant. Fvvor from Lancaster county. Reversed aud remanded Opinion by Mr. Justice Post. Although the right to recover for dam: to private property is reserved by the co tution, it is within the power of the legistiture to regulate the remedy and preseribs the formis to be observed in order to enforce thiat right. The only limitation upon the power of the legislature i that respect s that the re ulition wust be reasonable and provided gene, vs of uniform application svision of section 36 of the charter of th of Lincoln, that in order to main- winan action against said city for an un- Hquidated demand ths claimant shall within three months from tho time such right of n acerued file with the city v state- ment of the time, place and circum- stance of the injury oF damage, Is 4 rewso able exercise of sisliutive powers. 3. The tiling of the requlred statement s in the nature of a condition precedent and must alleged and proved in order to maintain an action In such cases. Morrissey against Chicago. Burlington & Quincy’ Railroad company. Error from anson county. Affirmed. Opinion by Mr. Commissioner Ryan. Where the gravamen of plaintiff's action was the alleged negligent, improperand care- less construction of an embankment, from which resulted the overtliow of plaintift’s land, it1s proper to presume in the absence of any jroof on the subject, that said embankn it was for railway purposes, properly con- stracted A water course must be a st min fact 1 from o surfa ¥ ets or thouzh the flow Followinz defin axwell in Pyle wgainst Richs Nebraska, 180.) Raiiroad Company Not Responsible, 3. The term surface water includes such as ied off by 4 at i, independently of a water course and tion of wn embankmont proper teflects suc listinguls! is'va drain fice water company is not liable in prietor ot n hboringla overfiowed and Injured. Waterman aganst Cass county tout, from 2d Appeal Afiemed in part and rever: in part. Opinion by Mr. Commissione Ryan. The mechanic’s lien law requires that a con- tract for mate ment of real props i »or, ete., for the iniprove- shitll b misde with the owner thereof or hi A tenant, as such has no power to contract for lubor or naterini 50 as to aff=ct with a mechanic’s lien the reai proverty leased to Lim. 3°A person furnishing material for an ir provement on real ostate must take notice of the interest wnd title in the premises of the person with whom e contracted as shown by the public record, as his lien for lubor and material, aside from th rovemant itself, attaches only to such intérest. (Henry & Coatsworth company azainst Bond, 55 N Rep., 643, State against Hughes. Gage county. Exceptions over ion by Mr. Justico Norval. letment for selling or tri Exceptions from uled. Ovin- forring t personal propesty it Is necessa the name of the person or corpe »m such sile or transfer wis made, tion to w Itis not suffici 1 indictment nt 1n such o o that the sale wis made without the consent of the mortgagee, naming him. To constitute the offense the sale of the property © heen made by the mortgagor during {stence of the mortgaze lien, without must the ¢ the written consent of the owner and holder of the debt secure ! by the mort and the indictment wust so eliarge, Lundgren against Eric. Error from Doug- las county. Judgm reversed. Judg- ment of dismissal vacated and set aside and cause remanded for furter proceed- ings. Opinion by Mr. Justice Norval In the district court, on motlon of defend- unts and in ubsen of the plaintif and his at- torney, the suit was dismissed for want of prosecution. On the same day counsel for plaint s soon as he learned of the order of dismissil, moved (o set the same aside and ¢ instate tlie suit orted by afiidavit, which is uncontr n‘lu- o, t he \‘ 43 not guilty of laches in araml prose- Fate 1 cause L and that plaintiff b Iteld, that the showin sufficient to entitle pluintiff to b nent of dismissul vacated and the o Work. 3. E. Ferris of Adams county, was admitted to practic State ex rel Stewart against Henton; leave o respondent to file answer. Sonnenschein against Buartels; leave to plaintiff to file brie’s on motion for rehearing. Rittenhouse against Bigelow; cause ad anced. The following causes were continued: Skinner ainst Commercial Bavking com- pany, Solomon against Revnolds, Brown against Trenton, Pitney against Draps State ex rel Stewart against H awainst Probst, Hall against P against Sweeany, Seaman against Brammitt, mith against Tuttle, Kilpatrick against Schaefle. The following causes were argued and submitted: Thomas against Franklin, on motion; 1. & W. P. Culbertson company against Wildman, True against Bullard, At- wood against Atwood., Vail agaiust 'Van Doren, Fleutham against Stewart, Leach against Renwald, Burlingim agains: Ba- ders, Hastings against Foxwortuy, Ragoss against vumiag county. % Court adjourned till tomorrow morning at 9 o'clock, when the Fifteenth district and the foot of the docket will be called. 10 BUILD UP both the flesh and the strength of pale, puny, scrofulous chil- dren, get Dr. Fiercs's Golden Medical Discovery. It's the best thing known for a wasted body and s weakened system, It thoroughly purifies the blood, enriches it, and makes effective every natural means of cleansing, repairing, and nourishin, fimn?’ll»m. In re- covering from ™ La Grippe," s:mumunh. fevers, or other bilitating discases, nothing can eual i as i appetizing restorative tonic to bring back Lealth an vl{or. Cures nervous and general debility. Purify and rid your blood of the taints and poisons that make it easy for disease to fasten its hold. The * Discovery " is the only blood-cleanser, flesh-builder, and strength-restorer so thor- ough in its effects that it can bo guaranteed. 1f it doesn't beuefit or cure, in every case, you have your money back. There's no uncertainty about Dr. Sage' than $30 in value, by the terms of which the seller was to rocelve the market price paid for Corn in the couuty on any day between the Catarrh Remedy. Ita proprietors will pay you $500 cash uuymnlrunyoura« tarrh, no watter bow bad vour case * | can get better ARE SIFE FOR THE WINTER Word Received from tha Heartof tha Montana Mounta'ns. | ! i | CARLIN HUNTING PARTY WELL SUPPLIED | Efforts to Reach Them Wil So Soon as tho X Lot Camping with a Couple of Freneh Prospectors. He Renowed now ne Nimro Forr pounds of flour and plenty of meat of party from the fort can ouly re- of the trail and all transportas left where it is until spring, as it 18 impossible to got it out this winter Major McKibbon, the ofticer in charge at Fort Missoula, says that although Larson, who claims to have seen the Carlin party, | states that youug Carlin and his friends are well supplied the Clearwater Missovia, Mont, Nov. 22 w hus just been received that aman named Larson, living near Lolo, claims to have camped with the lost Carlin hunting party about three weeks ago on the middle fork ot the Clearwater. The Carlin part rson | says, were with a couple of French boys who | have s prospoct there and w well sup- | plied with food for the winter, having 0 | I'ho re turn by wa tion will be to winter in country, every effort wiil b made to find th: party. No immediate action, however, will bo taken until further advices are re- ceived from General Carl A member of the relief party says that it [ s oo garly to again make the attemp, as the snow is too soft for snowshoe travel, the ouly way in which it is now hoped to reach Carlin and his friends. The idea of relief by the way of Schosen has been abandoned, and all energies aro d d to gotting the reliof party safely b Those who went | over the summit_and into the valley have had such a hard fime in cousequence of the storms and deep snow that their o have been endangered. ‘They have lo nearly all their animals and it will_be hard work to get them out without loss of life. —_— MOST - SERVICEABLE ~ COLOR. FASIHION AND ECONOMY BOTH AP OVE BLACK CLOTHING, An Easy Way of Homc-Dyeing—Totton, Wool, Sitk, and Feathers Keadily Coors A Handsome Dyes—Ab ol Itis only that it has Mincke Us: ast I n the poss| Only Diamond ek, last few ye been ble for an ine perienced pecson to dye a biack that would not crock, fade wash out. liven miil-dyed black goods were rare absolutely fast. The advent of three diamond dye fast or blacks,—for wood. for cotton, and for silk and forthers,—has changed all this, Now, with a ten cent aze of one of these dyes. the first gives perfect success. The directinnson the pickage are so plain and simplo that even a ehild results than the experi- enced dyer could u few years ago. The enormous quuntity of these fast black diamond dyes sold every year, shows how popular they are and what perfect satisfaction the ve. Some of 10 larger wholesale drugaists ordor 500) packages at one time, and even | then they soon have to order fresh sup- lies. : The prevailing fashion for black stock- ings, feathers, gowns, and clonks is un= doubtedly responsibie for some of this large sale, but the fact that anything can’ be colored with diamond dyes a black that will not crock ov fade, ex plains theiv almost universal us The economy of these dyes is shown by the fact that a puckage of the f; stocking k for cotton will dye five pairs of cotton stockings a rich black: a package of the fast black fov sitk and feathers will dye ten feathers a glossy color; and a package of the fust blucle for wool wilt dye [rom one to two pounds of woolen good The peculiar way in which the dia- mond dye fast blacks are wade, gives them a great superiority over all other methods of home dyeing. There are some forty other colors of diamond dyes, each of which is thor- oughly reliable, and as superior to imi tations as suslight is to moonlight. Made a well @ Man of INDAPO THK GREAT HINDCO REMEDY FRODUCKS THE AROYR BEAULTA IN 50 D1 DowE It any yuprincipied iy, ki of tmitation. Insist on e s ot 0t 1t we will wen prof price. Pamphlet in xeale s Oricatal Medi Propa, v our agenta. & Cu., Cor. 15th and Douglass Wi Donslars St ONARAG for, 621 firuadway & 6 Vearl Sta ¥ anl G, Nennbid COUNCIL BLUFFS, and Lending Drugiiets. MARK Brain Workers often work too hard and too long. Then comes dyspepsia, insomnia, nervous prostration. But not if Nerve Heans are used. They are purcly vegetable and of marvelous power. *A box is enough.” All druggists, or by mail—$1, NERVE BEAN CO., BUFFALO, N. Y, | A CARD, Owing to the stringency of the times, I have reduced my regular charges to cash patients to exact- ly one half of the printed oculist’s ‘ foe bill E. T. ALLEN, M, D. o and Kar Surgeon Roow 201 Paxton Bloek, 16th and Farua: NER DISORDERS And all the train of 4 DEBILITY, ETC., Wit ue ppany ¢ QUICKLY und PERMA NENTLY €U W STRENGTH and ton klven 1o every Twill send (wa curely packed) FREE 10 any sutierer the proscrip- tion that cured me of thess roables. Addross G B. WRIGHT, Music Dealer, Box 1259, Marshall Michigan French Preparation CALTHOS free. and & legal guarautee thas CRTOs "will Health, Strengili il Vigor. Use it end pavif satisfed. Address VON MOHL CO.. Sole Amarien Agenie, Clbcmiatl, Obis. ThomasP. Simpson, Washington D. €. No attorney's fee until patentoblalned. Write for luventor's Gu.dey