Omaha Daily Bee Newspaper, January 4, 1894, Page 5

o ™ ———togul attack was directed against iz until the WILL BE HEARD AT LINCOLN — Buit Against Ex-Treasurer John E. Hill to Recover State Funds. SUPREME COURT SETTLES ONE POINT Question of durisdiction Doetded Along the Lines Ralsed by the Defense Befors Fudge Davis in Douglas County ~Maxwell Dissents. Liscons, Neb., Jan. 3.—{Special to Tne | Brp.—1The supreme court touay handed down its opinion 11 the ease brought in the name of the state against ex-State T urer J. B Hill and his bondsmen to recover the sum of §236,361.30, this being the amount lost to the state by the collapse of the Cap- Nutional bank in this city last January The aetion was originally brought in Doug- las county and came up before Judge Davis. In the district court the attorneys for the boudsmen, who were not residents of Doug- 1as coun cted to the jurisdiction of the court and Judge Davis sustained the objec- tion. Judge Wakeley, who had been em- ployed as specinl counsel for the state then brought the matter to the at- tention of the supreme court. The de- cision of the court today sustains the decision of Judge Davis, the opinion be- fne written by Commissioner Irvine and ué_pted by the supreme court by a vote of two Lo one, Justices Norval and Post voting tn the afivmative and Chiel Justice Maxwell gissenting Jnemang ox-T'r obj urer Hill, the following bondsmien of that ofticial were nted in the defense: Vietor B. Caldwell, Samuel E. Rogers, John F. Coad, John H. Ml shn B, Wright, C. W. Mosher, D, I'homipson, J. D. Maefarland, R. . Outc Johin Fitzgerald, J. k. Smith, S nith, John Eilis, € Boggs, N. S. Harwood and Frani Cotpet Ex-Tressurer Hill is too much pleased over the result of the case in the supreme court to conceal his satisfaction. His pleas- zests the fact that he considers his casc more than half won when the court decides thatthe state must attack him in the courts of Lancaster county Bui there is at least one fly in the ex- treasurer's pot of ointment. Judge Walkeley in benalf of the state, alleges that when the ex-treasurer during his term of office de- posited the state funds in the Capital and other national banks he thereby converted the funds o his own use, contrary Lo the ure cnly sug statutes. The supreme court confirins this view. ‘The langunge of the court is exlicit. Tt says: When Hill_removed the money from the treasurer's office with the intent of depositing it contrary to law he was guilty of conver- slon and i ciuse of action accrued. Suppose, instenil of depositing the money in Omaiia, ho wad deposited 16 In Now York or Chic'igo. Could it be sald that 1t was only upon the do- Posit of the money that i eauso of action nc- erued and that no would lie in this state? The wro done id completed so far s cone wed when t m its treasury at Lin ge of the court is significant, aud as far as the court ivself is concerned, when the case again comes up on its merits the burden of proof will rest upon cx-Treas- urer Hill to establish whetlier or not the state fuads wero illegally deposited in the Capital National bank. Judge Maxwell's Opinion. In his dissenting opinion Chief Justice Maxwell brusies asido the cioud of tech- nicalities raised by the defense, and strikes directly at the one al-important powmnt in- volved. Ho says: “The sole question presented is the right to bring theaction in Douglas county. * * * If the allegations of the petition are true, the defendant, Hill, took the money of the [ and in the face of a direct prohibition of the statute converted the same to his own use by depositing it in two banks at Omaha. setion 124 of the cruminal code aeclares: ‘'IT any ofticer or other person charged with Lhe collection, receipt, safe keeping, transfer or disbursement of the public money belonging to the state or any county shall convert to his own use or to the use of any other person in any way ‘whatever, or shall use by way of investment in any kind of securiiy, stock, loan, property, land “or merchandise, or in'any other man- ner or form whatever, or shall loan, with or without 1nterest, 1o any company, corpora- uion, association or individual any portion of the public funds * * * overy such act shall be deemed and held in law to be an embezzlement of so much of the said moneys, whicli is hereby declared to be a high crime, sud such ofticer-shall be imprisoned in the peeiton*iary not less than one year nor more than venty-one years, according to the wmagnitude of the embezzlement, and also pay a fine equal to double the amount of money so embezzled.' This act was passed for the express pur- pose of prohibiting the loaning of the public fuuds. ‘Che experience of other states has been that the lonning of such funds tends to foster corruption in its worst forms by plac- ing the surplus funds of the state in the hands of a few persons to be used for their personal benefit. These persons stund in with the public official, whoever he may be, and manage to keep on hand a much larger surplus than necessary. Prior to 1835 the surplus funds of the United States were kept in banks. The effect was found to be favoritism and corruption, which had a de- moralizing effect, not ouly upon party or- ganization, but upon free government iiself. * * % TThe statute of Nebraska places an absolute prohibition upon the loaning of public funds or depositing the ne in a nk. Stronger language could not be used. The offense is declared to be embezzlement aud the punishment is fixed. But it is said that the treusurer is guilty of conversion by carrying the funds out of Lancaster county, and therefore that county is the only one where the action can be ‘brought. The an- swer is, the pronibition of the statute is not against carrying the funds into another county, but in loaning the same to one or more banks. Tho overt act—the loaning— took place in Douglas county, and there alone can a prosecution be hud, and no prose- cution for that offense could be instituted and maintained n Lancaster county Settied an Importunt Point, Another ovinion handed down today holds that the county and state dopository aot, passed by the legisluture of 1801, is constivu: tional. The constitutionality of this law has been frequeatly challenged, but no actual s money was oln. he lang case of John H. Hopkins against Barrett Beott reached the supreme court from Holt county. On March 1, 1892, Hopkins filed a com- laint before the Bourd of Supervisors of folt county, charging that Barrett Scott, trensurer of that county, had been guilty of ofticial wisdemennors, especially in that he had deposited and loaned in certain banks the money belonging to the county and con- verted the interost on the sawe Lo his own use conts to the provisions of the depos- Itory law. Seott's attorneys attacked the constitutionality of the depository law. The supreme court decides the: matter in the fol- lowing lunguag 1t is urged that the act of 1801 is unconsti- tutional, as coutuining more than one sub- ject. The act provived both for the deposit- Ing of state funds and for the depositing of vounty funds, and it is coutended that each of these forms is u separate subject of legis- lation. The gencral object of the act 1s L provide for the sufe custody of public funds, and it scems to us that this is a single sub. Ject of legisiution, whether the funds are state or county. ‘The object of the act 1s plauly expressed in its title, and the combi- nation of provisions in regard to both state nd county funds presents none of these ob- Jeations which influenced the adoption of the constitutional iuhibition against unting two or more subjocts in a singlo uc Syllubi of Deocisions, Pollowing will bo found the syllabi of the severul decisions handed down by the court o Dunn against Dietz. Error from Lancaster county. AfirmedfOpinion by Ragan, C. The only assiznmedit of error n this ense belng that the telal judge wins wrong ina certaln conclusion of fact, the ov Nee 6x- aminod and hold (0 support o coury’s uding and its decroe o firmed Farquhar against Hibben. Error from Douglas county, AMrmed. Opinion oy Mr. Chief Justico Maxwoll. The testimony sustains the cla of the debtor that tho proporty levied upon was exempt and not subjeet to salo upon executly 2. An tuventory “of all the property of debtor, who described his proporty in gencr: terms as “three barrels of liquor,” saloon and fixtures and cigars, and stock, consisting of bar, llquors, ginssware and mirror, at No. South Thireeuth streat, Omalia, {8 not v Although informal, the court wiil 1ok at the substance and hold It sufficient when it ap pears that all the proporty described was fourid at the piace dosignated Karll against Kuhn. Keror from Douglas county, Reversed and remanded. Opin- lon by Mr. Chief Justice Maxwell In an action which Involved the good faith of the purchuser of an entire stock of goods of the valuo of $1,500, which wero pald for by the transtor of cight fots inan addition to Slou Clty, of the alleged yalue of $2,400 to the seller's wife and the remaindor In notes of third parties, having some time to run. Held, thiat the proof and [nstruceions were tao much restrictad to subuiit the matter in full to the [ ideration of the jury. Svanson against City of Omaha. Error from Douglas county. Reversed and remanded Opinion by Chief Justice Maxwell After the grado of a street had beon estab- lished a lot own Iapted his huild ni on his Iot to conforn to the grade, Afterward a new grade was established, Ly reason of whirh the front of his bullding was left ruore than fifteen feet nbove the street. Hold, thata cloar pre- ponderance of the evidence showed that the damnges to the property greatly exceeded the special benefits. Stanwood against City of Omaha. Error from Douglas county. Reversed and ro- manded. Opinion by Mr. Chiet Justice Maxwell, On an appeal from an award of dumages for the construction of a viaduct it appeared from the proof that the aamuges wero grossly in- adequate. The verdict and judgoent, there- fore, aro sot aside and the cause remasided for further proceedings, Rittenhouso against Bigelow. Original. Dismissea, Opiuion by Mr, Chief Justice Maxwell. In cities which contain 10,000 Inhabitants the taxes must bo equalized by the town board, nnd the appolntwent of a clerk of such board'is not illegal and unauthorized. sul Governr Egan against Bonuct r county. Aftirm issioner Ryan, ubseription Criptions. Error from I - . Opinion by Com- contract subscriber thereto pay sueh sum as should be placs name, to enable a designated committes to erect ono bullding and re ir nother, hoth buildings beiny sufficiently designnted. Held, that suit was operly brought for the colle tion of such subscription in the name of the officlal_or dignitary in whom was vestod the title of the real property proposed to be in- proved, us plainuf, the titie being held and the suit belng brought for the wse of an unin- corporated assoc fon and its individual memt 100 numerous to be numed, as beneficiaries. Harte against Castetter. Appeal from Washington county. Appeal dismissed. Opinion by Mr. Justice A motion filed in this court to peal on the ground thut drawn from the clerk of the money awirded hin by the d be reviewed, will be heard, not stand noti of suid wotion was not served on the obposite party until after the expiration of the time prescribed by the rules of this court for serving briefs In the case, when it appears appellee had no notice or knowledge of the facts upon which the motion was based before the bricfs wero due. Rule viii held not to apply to such a mo- ving provided 1o bound to 1 opposite his aurt the sought tion 3. A party who, after a croe in his favor, fits or recelves the advanta is thereby precluded fro. cuting his appeal. McBrien against Riley. Error from Doug- las county. Reversed. Opinion by Mr. Justice Norval. A distriet court is without power to va- » or modify its own judgmeuts subsequent to the torm at which ‘they are entered, ex- pt for the grounds enumerated in section 6U2 of the cod 2, Where an appeal is taken to the district court from @ judgment of a Justice of tio peace the appellant Is not required to give notice of the uppeal to s wdversary, 3. When a defendant moves to” vacate s Judguent rendercd against him by default, he must sccompany his application with 'an answer setiing up o merhorious dofenss to the action. Damen against Omaha. Appeal from Doug- las county. Afirmed. Opinion rendered by Irvine, C. No bricts having been filed by either party and tho judgment confirming o the plendings and evidonce, 1t is thereforo affirmed. Phenix Ins. Co. vs Reams, 53 N. W. Rep., 1074, followed. Howell Lumber Company against Camp- bell. Error from Sarpy county. Afirmed. Opinion by Mr. Justice Norval. It is tho province of the jury to determine the crediblilty of witnessos and tho weight which should be given thoir testimony. 2. A jury is uot required to decide a dis- puicd proposition of fact merely by a count ot witnesses, but should determine which are the most worthy of credit, an where the evi- dence Is conilicting, d upon the testimony of the Tinority of the witnesses will not be disturbed by tiiis court on error or anpeal, unless it is manifestly wrong, 3, Held that the instructlons fairly sub- mitted to the jury the disputed question of ct in the cuse, Mills against Leavitt. Error from Lan- caster _county. Afiirmed. Opmion by Ryan, C. Inanaction by a real estato ugent to re- cover n commission allegod to havo been carned by himself in procuring a satisfactory purchasor of tho real property of the defendant, the sole matter in controversy having bee: whother payment was essentially conditioned upon the happening of a subsequent event, the vordict of 4 jury upon thut polut bolng Sup- ported by Conipetent evidence under proper [itinietions of the court 1n Tespact to tid mate ters in controvorsy will not be disturbad. Levi against Fred. Error from Douglas county. Affirmed. Opinion by Mr. Justice Norval. 5 It isa well settlod rule In this stato that an appesl to the district court must bo tried on the same Issues as in the court from which the apponl wus takon. 2. Anobjection that i petition filed in the district court introduced n new ¢ 50 of uetion will not be nsidered by this court where it appears that no objection was mude or excep- tlon taken on that ground until after trial In the lower court, 3. While on appeal to the district court the plnintiff must prosecute the same cause of action as In the court of original jurisdiction, yet, In drafting his petition ho Is ot contined to the allegutions contained in his pleading in the court below, 50 long as the ldentity of the inal cuuse of actlon is presery 4. Instructions will not be reyiewed by this court where no exceptions wero tuken by the party complaining at the time the churgo was veud to the jury. Dodge county against Kemnitz. Error from Dodge county. Affirmed. Opinion by Mr. Chief Justice Maxwell. When for tho deceased mother of a bastard child the proper county has beon substituted as compliinant in proceedings, under chupter xxxvil, Compiled Statutes, the judgment and order 'of tho court upon'n verdigt of guilty should require defendant to give security to save the county harmless from uny expense hich may bo_ ieurrod in the support of said child ling from a_do- iptst bene- f the de ee, afterwards prose- How Hill Won a Polnt. State against Hill. Error from Douglas county. Afrmed. Opinion by Irviue, C., Maxwell, chief justice, dissenting. Sult was brought in the distrlct court of Douglas county upon the bond of a former to treasuror. Some of tho suroties upon bond resided In Douglus county and wore thero served with summons, and_summonses wero Issued and servod upon the other partics elsowhere. The petition allegod, first, the fallure and refusal of tho trewsurer to ne- count for and pay over to his succossor certaln sum of monoy. Second, the louning to and deposit In tho C hank in Luhcaster county of u similar sun.” Third, the loaning tw and depositin the M bk in Douglas county of o certain sum. Fourth, the louning to and do- Dosit in il ltod States' bank in Douglus county of a still furthor sum. Judgmont was asked” for tho amount averred not to bive ou puld over and averred to have been de- itoa in the C bank. Hold, That section cixxiv of ‘the rove apuiles only w proceadings for tie p dlstributing revenues upon their coll the proper funds und not to such suits at bie. 2, That the proceeding was ono upon an officinl bond or undertking of & public officer, and must bo brought in the county where the 150, OF S0UIO DATL Lheroof, Grose, 9. That It was the duty of the ireasurer to account for and puy 0ver woneys in bis hunds st the closo of his torm of uilice to his sues cessor i the county where the soat of govern- went is loeatod and that un wction for fatling to do 50 must he brought in that county 4. That it was the duty of tho treasurer to keep the moneys of tho state fn the treasary ut the suAt 0f Rovernmuentoxcont us ho should dishurso thom or 0therwiso dispose of them s provided by law, that u conversion took place upon his removal of mo from the treas- ury with the Inteation o usd of them by depositing tho bank, 1 that tho cnuso Of uction for such sion wrose upou his removal of tho s from the treasury and not upon their deposit Dep sisory Law Held Good. Hopkins aganst Scott. Ilrror from Holt ocounty. Judgment of thedistrict court re- versed and that of the Board of Super- visors affirmed. Opinion by Irvine, C. Chapter L, Session Laws, 1891, relating to the keeping of state und county tunds, is ot in confiict with the constitution, olthor us coutalnlug wore than ooe subJECt OF becuuse L nuo law Doso of tion o s that of 1ts providing that 1t shall not apsly antil the expiration of thy terms of office of the stato trossurer and of tho ral county trensurors in ofen at the time of its 2 Thirt act did not aper al artle 11, chapter xvlik, Compik reluting 1o, the removal of eounty officers. 3. Nor was 1L, chapter xviil, Com- plied Statuies repealed by the act of 1879, specifying powars of county boards. 4. Where (n proceedings fo remove i county officer the oficer complained against makes an appearanee, obtains a continuance and at the timo to which the continuance was had orocesds to trinl without further objection hecause of the timo of hoaring, he cannot, upon proceedings in error, bo hoard to urge that sufMcient time was not allowed to pro- such procecdings the fact that some of the supeevisors who tried the o wore also witnesses doos not fuvalidate the judgme 6. Nor Is It pecessnry that all v \bors of Board of Supervisors Le present at the aring. A quornm is sufficient. 7. There i3 no nuthority of law for the settle- ment of a bill of exceptions smbodying tho ev= Idenee taken on such hearing. Maxwell, C. J,, dissents to seventh point. MAINS IDENTIFLED, ASHWAY'S X Indications that He Committed Nulclde While Under the Inflasnes of Liquor, Lixcory, Jan, ! al Telegram to Tus Brn.|-Tho investigation of the coroner's jury this afternoon settled beyond all question that the man who was found dead in a cornfield near this city New Year's day was W. H. Ashway of Omaha. The re- maius were fully identitied by Mrs. E. F. Collins, a boarding house keeper at 1040 Twelfth street, Omaba, with whom Ashway boarded for more than a year, Ashway came to Lincoln about two weeks ago and stayed at the Capital hotel. Ho was drinking heavily all the time he was there, but paid his bills rogularly until Christmas. Toen he told the clerk he was broke, but that he expected money from Omaha. The next day he told the clerk that he had telegraphed to Omaha for money and aske telegram had not come for him; upon receiving u negative respons. Ashway weat away and was not seen n at the hotel. Half an hour later a telegram came for him, but he never called for it. It was opened last night for the first time and it contained a notice that a sum of loney was awaitiog_him at the telegraph oftice in this city. Night Clerk A. S. White of the Cavital hotel fully identified the re- mains. The coroner’s jury returned a verdict of suicide. It was developed at the inquest that Asnway's mother lived at Mount Car- roll, Ill, and an undertaker telegraphed hey tonight for instructions regurding the dispo- sition of the remains. Mrs. Ja Tibbets Injures Hasrixas, Jan. 3.—[Special to Tie Bee.J— Mrs. John P. Tibbets, the wife of a farmer living on the outskirts of the city, met with what may be a fatal accident the other day. The family were moving their houschold furniture, and Mrs. Tibbets was pushiug a large, old-fashioned safe into the wagon, er husband pulling on the safe from above. 1denly his hands slipped and the safe fell on Mrs. Libbets, striking her on_the chest and shoulders. ‘She was badly injured in- ternally. “I'he Adams County Sunday School Super- mtendents association met in the Christian church Monday night, a fair sized audicnce being present. Prof. E. N. Brown read a paper on “Grading the Sunday School,” fol- lowed by Griff Evans. “Iissentiul Points in the Selection of Teachers” was_taken up by Mrs. J. R. Van Houghton and W. S. French, and the usual “Question Box” was con- ducted by J. A. Ferguson. C. B. West, o commercial man, was sud- denly taken il with pneumonia while in tho city and 1s now at the Lepin in a precarious condition. His home is in Springtield, O. The County Bourd of Supervisors .aet here this morning in special session, the parpose of the meeting being the approval of the official_bonds of the county ofiicers-elect, who will be swocn in tomorrow. —[Spe To Help the Poor. GrAND ISLAND, Jan. 8.—[Special to TaE Bee.]—Committees from the various churches and charitable societies met in the city hall last night to organizo a board of Associated Charities. A consuitution was adopted providing for the election of twelve menas a board of managers. The board consists of: O. F. Beutloy, George Andrew, W. H. Harrison, R. J. Barr, W. F. Mc Laughlin, W. F. Mecum, W. K. McAllister, James Cleary, H. J: Palmer, J. S. Merrill, M. V. Powers and Heary Koseneck. The board of managers will meet tonight and clect officers. A housc-to-house collection will bo made on Saturday for securiog pro- visions and clothing. Tney will be stored in the city hall, an officer will be placed in charge and the stock drawn from as the ap- plications come in. The work is to be pushed with vigor from now on. The stock and fixtures of the Grand Islaud Cigar Manufacturing company, which failed some time ago, were sold yesterday to Otto Kilian for #2275, A stock company has been organized, under the namo of the Grand Istand Cigar company, with a capital stock of $10,000, and business will be re- sumed at once. Lawrence Personal Mention. LawResce, Neb,, Jan. 8.—[Special to Tz B |—Archie Hawrhorne has returned from an_extended ramble over tho Clerokee Strip. Mrs, £. Wilkins of Norton, kan., is visiting here. Tho Locomotive was not issued last week owing 10 illness of the editor. There was a grand ball last night Scheem’s hall. ve persons “made a start” Now uing in the Methodist revival meeting. J. K. Dooley has been seriously ill. Miss Jessie KEvans of Normal spent vaca- tion here. Lyons Arrested. Bram, Jan. 8.—[Special to Tnue Bee.|— Sherifft Menke went to Kennard yesterday and arrested o man that suited the descrip- tion of a thief who robbed a Lyons barber shop last week. He gave his nume as Fred Barlen. Sheriff McGrow of Burt county came down last ni; identifica him and took him to Tekamah, Guy Mead, clerk for W. D. Huller, the druggist, was badly burned yesterday while working on a gasoline stove. HBlew a Safe for Sixty Dollars. JUNTATA, Neb., Jan. 8. —[Special Telegram to Tur Bee]—Thieves tried to force the acors of Stack’s store last night without avail and finally secured entrance through a rear wiudow. They then piled sacks of flour around the safo and put u heavy charge of powider into the safe acor, blowing it en- off uud breaking it iuto pieces. The burglurs secured about $50, and escaped without leaving any clew to their identity. Killed by a Vicious Horse. Strovsnuna, Neb, . 8.—[Special Telo- gram to Tk Bes.|—Alfred Bjurk, 50 yoars of age, in the employ of Mrs. Bergman, was kicied by a vicious horse yesterday evening. He lived but a few minutes after the acei- dent. The victim was & man of good habits and well respected by his associates. The remains will be buried tomorrow under the auspices of the Stromsburg fire department of which ho was a member. Auxious to » Dakora City, Nab pecial Tele- gram_to Tur Bee]—Sheriff Ryan today lodged 1 jaill U. A. Blalock, whom he arrested 1o Ponca, for stealing an overcoat from Kugene Keefe out of the Merchants hotel in Jackson on New Year's night. He promises to plead guilty t get lodging and board for & while. Suffered w Brokea Leg. Keanxer, Neb., Jan. 3.—[Spocial Tele- gram to Tug Bes.]—This afterncon while Joseph Josephson, who lives fourtecn miles in the country, was coming to town his 10- year-old son fell from the wagon and tho wheol passed over his leg, breaking tae member, Work of North Hend Burglars. Nowru Bexp, Nob., Jan. 3. —[Special Tele gram to Tus Bre)—Burglars effected an entrance by prymng open the frout door of A. Peller & Co.’s geuerai morchunaise store this morning and carcied off clothing and underwear to the amount of §75. Tnsurance Kites Kaised. Nenaska Crry, Jan. 8.—[Special Tele- gram to Tus Bex|-—Inurance rates have been advanced in this city by all companies from 20 to 50 per cent. _ Local agents have protested, but without effect. THE_OMAHA DAILY BEE: THURSDAY, JA) NURDERED AT :DAKOTA CITY Amborry Bates Killed n a Saloon by James SLAYER PRCUD OF HIS BLOODY WORK e Claims Solf-Defon Jury Returns & Verdict of Felo- Shoothng—Story Tha first murder ever committed last evening at instantly kilted ‘1he shooting occurred in the saloon run by issued to Georga F. came up from ten miles south of s his usunl cu: the saloon to get full. freely together, went to supper, leaving and Wycoff and the two latter named proceeded to Willis drank exceedingly in- the jufluence 0 a shot was hear, ¢ hotel, which 1s next door id summoned some one to go after the sheriff, saying he had shot Bates. When witnesses ' reached lying ou his bacl, his feet on and his_body asking Willis w Just like a 3 Bates was in front of the bar and re over and slapped me. aching toward *Come out from be [ pulled my gun and shot him, the weapon snappiug four vimes before 1t exploded.” ival of Deputy Sheriff Carney, immediately standing between Bates and Willis, and the st night was not s unold resident of this county, his unexpected county, but now resiuding in Kan: twenty-five hanging over his heid, re- turning abour died two years ago, I him three small man, Amborry Bates, is an this section ass of people as far down tbe old river man of among that ¢ rwver as St. Lous, and considered one of the toug time, and was of a quarrelso He was abou ¢ nature when years old and intoxicated. Leaves 4 large family. Verdicf of the Corsner's Jury. The coroner’s jury a verdict finding Willis gu shooting Bates. :rnoon returned ¢ of feloniously Two shots were fired by Willis, one making a scalp wound, th entermg the body aboul the. top of the bre bone and striking the spmal column. A warrant has been issued by Charles three 1uch, Willis is confined in_jal. s found on Bates. An important witness was found today wiho happened to be in the saloon when the quarrel started, but was not seen He gives s name as D. P. Browa of Sioux Fallsiand his testimony be- fore the coroner’s jury was straightior and is believed, while th at the time the killing occurred that bered nothing. Willis’ peeliminary: hearing will be held before the incoming judge, D. C. Willis has retained attorney: has few sympathizers, as his acti were thought to have been uncalled for. will meet tomorrow and No weupon of any The town board revoke Hammar's salcon which Willis was running.ghe place. FREMONT FIRMS REOBGANIZE, List of Officers Elected for the Ensulng Year in Several Gompaniex, Fresoxt, Jan. 8.—[Special to Tug Bee.]— Quite a number of the manufacturing com- panies of the city elected office rectors on the first of the month. braska Creamery company officers are: president; John president; Otto Huette, secretary; E. Morse, treasurer, and M. H. Hinman. man- ey and C. W. Stephen- G. W. E. Do son were added as dir Fremont Br ving compaay: John Dern, president; J. M. Diels, vice president; E. W, Morse, sicrotar; manager and tr Fremont Foundry ana Machino company: W. R. Wilson, £, H. P. Larson, Directors, J. S. Seele Barvard and L. D. Richaras. Fremont Suddlery company : Directors, D. H. Barnard, J. John Dern and A. D. ska Binder son Reynolds, Morse, James H. Hansen, W. E. nolds and O. f. P. Shively An invention has been perfected in this material, including straw, ete., it r chesp’in- The cluim 15 m: be as good as coul and at a 0st of Dot more A patent has been ap- Ihe old German, Godfreid Disba, who was from Omaha as a wit- brought to this ciuy murder case, and ness in the Carleton since then hus been kept by the county, has been scnt to his native country by action of the supervisor: There is vigorous objection against the insuranco vate: A threats are made thut many will carry their own risks rather than submit, Will Loucks, operator for the Union cific road at this point, has been transferred to Gibbon, Neb. The petit jury for the February term of the district court for Dodge county has been to Tug Bee)—Thomas S. Horn, for over cight years one of the principal business men of Auburn, today sold out to J. W. Dar- ARY 1, 1894 rah and W. B, Fisher, who will continue the © both old of this place. C. D. Lloyd rotires ey & Lioyd busi rosiden from the firm of Thompson, Poor health is assigned as the reason. Darrah and Fisher Fythiwn Instaliations, Tanee Rock, Neb., Jan. 3.- Tue Ber]—-Cypress lodge pecial Monday ev following offcers: 8. H. Dopp, P. C. R. Judkins, C. C.; W. S, Lindsley, V. C. George Scout, P.; C. I Norrs S.; G. R Martin, M. of M. D, M. of E.; Mr. G. Wheeler, I G andifer, M. at A, ank Nall, O. address was made by Rev. P. Van Fleet of nd its friends were then invited to a sumptuous repast at the Pes Th lodg mansion of Ola ( Tonms, Neb., Bee. |—Easel lodge N Pythias, held a public instatla; at thefr hall this evening, 1o sippincott, C. ( Frantz, P.; C. § oH. B, Shull, V, S, 1" Nunemaker, M. of E. M.'of W, After the ceremonies the and their friends adjournca to Me hall where a grand supper was serv eral short speeches were m members, The address of the eve Will L Seism, past grand_ch Knights of DPythias of Nebi b lant and m nost pleasing featu the performance of little Ed Genova on the mandolin and her delis a recitation, “De ron'y Confession." efforts provoked storms of applause. tadians n Clov, voNs, Neb., Jan. 8 1 Be concluded their Christmas duny Those Indians raised good crops last ivites ye and have not felt the efect of hard times. The winter so far has been the best for them in many years SENIEg WOEs OF LAND COMPANY. Bad Condition of the Sout Tmprovement Co LovISvILLI court at F pany ankfort totay Judge Barr pointed J. W. Buchanan receiver for the Southern Land and Improvement compan The receiver was appointed on a suit filed by W. G. and Martha Merriwether, who are large stockholders i ‘T'he failure of the provement company seems to be an usuaily bad one, and as inv tinue 1t grews worse and worss The Fidelity Trust company, the ¢ cern ssignee the company, has been investigating the funds of the company and it finds there is uot sufficient realizable funds to pa, commission of the assignment. + Intere: on the 500.000 worth of bonds has b faulted tw There is of stock of the company said to be'v “The original organizers of the con 1,875 shares of stock each gave paper. Afterwards, when Mr. J Black took charge of the company, the was returned to him after worthless. Want to Sell the Securitt DENVES —Judge Allen toc on the petition of G. W. E.( ciffith ceiver of the Western Farm Morteage Trust compary for permission to sell about $1,000.- 000 worth of the company’s securities. This of them were is- is their face vaiue, but many sued by companies long since defunce. Among e securitics were ex-trus on lands in the S: per acre were off The fi price offer It was finally ordered t vertised for ten days and thi the creditors b Griftith on aj to be reser awounts obtainubie. e TO BE INVESTIGATED. Rumors (’nnx\'(‘tlfll.'_';llfl Bee wi Nalt Will He Ventiintod. Ever since the result of the voting last November has veen known rumors have been cropping out of a prosecution to commenced by ex-Sheriff Bennett against the editor of Tur Bes, charging criminal libel. So far as is kuown to Tue Beg, there is no foundation for these rumors. In order, however, to forever setat rest any doubts that might exist in this connec- tion, Mr. E. Rosewater went to the county attorney yesterday and asked that he take the matter up. Mr. Rosewater suggested that if there was anything apparently war- ranting criminal prosecution the county at- torney atonce begin actionin the police court. Mr. Kaley will investigato the charges and his course will determine if the rurors and whispered charges have any force. ST NORTHW i, LN MILLS. Those of Duluth und Superior Ground Much Flour Last W MiNNEAPOLIS, Jan. Miller says: The mills of against 46,600 barrels the week befor: 10,00 bavrels for tne corresponding time in ne mills wero pushed pretty hurd in order to turnout a large output for ship- ment before rates were advanced. Millers Ko, and for feed is strong’ 1892 report no improvement in the flour m: except that the den Export shipments last week were 12 barrels, ngainst 7. The flour output for the year w barrels, against 1,004,408 in 1892, - HER TRIP WAS NEARLY ENDED, British Ship Lost O the Windward Isles— Ch PHILADELPH Volga, with 640 Chinese I from Caleutta wo Demen phia, December 10, says a report received here. 80 Laburers Drowned. bore It 1s believed several Chinaman were drowned, but just how many is unknown. The Volga had on board 50 tons of rice, be- sides & quuntity of ouher stores, that prob- ably were all lost, e DeWitt's Witch Hazel QUAKER CHALK TALKS To live comfortably on the modest income of the clerk, often requires economy and the saving of unnecessary bills. Quaker Oats saves doctors bills and is the cheapest and the best i Quaker Oats. .. GALUSHA CROW NOMINATED He Has Again Boon Called Upon to Lead 0. 44, Knights of Pythins, gave a public installation ning. After a song by the male quartet, Ola Grifing, G. C. C., installed the ONCE MO3IE A CANDIDATE FOR CONGRESS isylvanin Republieans Monor the Old Speaker by for Representative at Large by Ac- ~The Platform, K. of R. and H. Wilson, Hannisnuna, Pa., Jan. 3. state convention wa Ly ex-Senator Packer, chairman, call showed ~The republic alled together at 12:20 Jan. 3. --!Special to Tnr o. 187, Knights on of officers The following rs were installed: W. H, Taylor, P. C.; nce of delegates All the officers and the committees appoin were rotained. speaker blamed tho present depressed con- the national admin- condemnned the Wilson tarift bill A | one t convention Finicle, M. at A.; C ark, K. of R and S.; A McKillop, M, of dition of the count was vicious The report of the committee on resolutions d as follows d. S de by leading ing, by lor of the aska, was sterly effort. One of the of the occasion was th Cogswell of ry of was adopte: Resolved, That n convention iinate a candidate for cong fuct that this is u representative office ation in Washington makes it not only of state but nationul public view ¢ Jh of February Tuesday, th 1 thought up: ation of this measure lins of workshops 2,000,000 0f work soup houses now disp It hias redu (Spocial to T | Tbesinplc antt 1—The Winnebago and Omaha Indian d values to Largo the free list only upon products which workmen; it will strike with equal ¢ ills, mines ana o those of for- Lin its authorship and ern Land and n Industries only g, Jan. 3.—In the United States | same blow r plantation systent traders of the south to r of the north to the level of those of the It s vicious In its change from specitic valoren, the latt cumnlative feauds upon the r us in reducing | venues many miilions of de 0w with time. Southern Land and Tm- lars. and the tigutions con- CHBEADVOEATIONE muans of in- 1t is viclous | S0rt o the wost odious war or borrow money, Jus in the thec Tess work thivre is (0 (0 in willbe the wages of the worknian tion policy conveys tl u d this country 0 480,000 worth luele any took for which they st amount of work av 1£ the Wilson bill does stock me litigation, 48 thoe paver given in payment for .4 was | republicans of Pennsylvanin nud the people smwealth, gy well awar, in house and se ay passed including the cong nd patriotic wi to the end that by the defe men, producers y rosume’ thitt lad but a single year close by denouncing as un- deeds 1 Luis valley for which £10 > U morteage 1ds had been foreclosed, and the was all the deeds wera worth. the sale be ad- counsel for llowed to confer with Mr. securities of value which are . and sold for the highest administration of u candidate for con- arge was next in o ‘The nomination gressman-at-| ) were put in_nomination. . Bierer then stepped to the front of tho tform and withdrew his name in favor of The nomination of then made by acelur Mr. Grow denont the Cleveland 1tion on the Hawai narks o spectator cried int Blount.” The convention the tarift policy of ministration®and ridiculed ha Libel adjourned av1 Prior to th2assembling of the state conven- 4 meeting w iled to hold the next s the nowination of gove Wednesday, May 25 Erln I o nvention for t Harrisburg, Mr. and Mrs. R. F. H congratulations. eight pounds. Captain Ijams, who has been for the contined to th tack of la grippe, is slightly better, but not able to be out. Dorsey Houclk. who fell upon an icy side- alk a couple of weeks ago and broke his cotlar bone, is able to be out again and tend to his duties. Jessie C. Hitcheock has fited a petition in office of the probate Lorenzo B. Crounse trator of tiie estato of William E. Geiffiths. who died in this city property valued at £5,000. the Chautauqua_college at st church tonight Mes. “Rome Under the James Clement ge Ambrose, will lecture on “Hodgin are receiving It'is a girl and weighs house with asking that wwointed adminis- 3.—The Northwestern uperior and Duluth last week mado 46,624 barrels, brother of The mecting of the unemployed calied for last night at Knights fot Labor hall on Four- 1th Sireet was not invited speakers nezlected to put i 1y afternoon the held, simply b appearance. will be an attempt made to at the same place, whe take hold and assist in out of the dilemma. 00 barrels the yéar before, 2,108,119 Weak Kidneys Sharp, shooting pains, back ache, side ache, chest pains and palpie tation relicved in ONE Mizutk by the Cyri- 1-PAIN PLAS TER, the first and only pain-killing plaster, es vital electricity, and hence cures ner- vous pains and mus- cular weakn : five, $r.00. At all drug Porrek DivG AND CuEx. Cokr., Lostons PROTECT YOUR HIRS CHAERG: NON CHANG EA] SOREN gL , Jan. 8.—The British ship on board, and Pailadal- was lost off the Windward islands, aive curas piles, Hirschbers's Nonchanggable | Spectactes aal NAXAEYER BRO D vy 21189 MCCGREW is the only SPECIALIET WHO TREATS Aa PRIVATE DISEASEY and DEBILITIES of MEN ONLY. Wamen Exclided. 18 yoars oxperience Clrculurs froe. I4th and Farnam Sta OMaMA. NER curoa catarrh PATENTS! patent obtalued Write tor Juveatar's Guld [i] AT IS SURELY COMING. The Question Is; “Are You Freparedt™ It Not, Some Very Vataablo Advice is Volunteered, An epldemie of the grip ls cortain to be gen- erat throughout Ameriea ina very short time, Alroady muny casos have been observed by physicians in Now York Dity, as well as in other cit'os of the luna, Dr Cyrus Edson of the New York Board of Health, says that the diseaso will manifest its presence geuorally in tho very near future. and that it Is already here more than s gonerally roatized, e sald; 1 think we will have o grip epldomic sood ndications that 1t will be n long 1 do not want to create u scare, would warn people to bawaro of it and to use 1 the precautions possibie. Experionco has shown that curnlessness in halits and irrogus Tar hours rondor the s/stom 100 Work to stand #0 violent a disease. Grip finds onsy vietime 1 1d peoplo And in debilitated persons. There 18 but one thing foF 16y man. woman or child to do when the siightest svu o (D Appents, aud that 15 Lo counteract 1t at Lt you fecltired, have pains in the nius- eles and bones, have a dull headache. a bad tuste in tho mouth, are foverish, have no am- bitlon oF appatite, you must. If you desire ta 800 the £rip, at oneo take s good pure stimes ulant. This alone can eounteract the coming on of «rip. kI the m'erobes of the dis restore you to hoaith. While thore are 80 caliod stimutants, thero is but one wi pure, sciontific and’ rocom od Dy physis clans universiliy. This s Duffy's Pure Malt Whiskey. Do not be decoived by wny drogeist or groeor who mi s try to Induce you to take something else. Remembo At tho roason usually 8 that ho can m ke wore money on choaper and inforior articles L] Mandrake Pills have a value a3 a houss hold remedy far boyond the power of lan guage to describe. The family can havdly be true to itself that does not keep them on hand for uss in emorgoen cles. + MANDRAKE - Istho only vegoetaple substivute for that dungerous mineral, MEeRrcuRy, and whilo its action as a curative i3 fully equal, it possesses none of the perilous offects. In Constipation, Mandrake acts upon the bowels without disposing them to subsaquent Costiveness, No remedy ts so directly on the liver, nothing so speedily cuves Sick Headoche, Sour Stom- ach, and Biliousnoss as P“_Ls these ¢ For Salohy w'l Druzilsts IPrics 25 ot nys box; 3§ boxes for 63 cts., or sant by mail._post= aze fros, on reswaipt’ of price De. J, M Schenck & Son, Pailadelphis 'WORTH A GU(NSA A BOX.” EB“EE@HW .« PFILLS 1Tastele’§0s—Efl'ectual.) R ALL BILIOUS and NERWOUS DISORDERS, Such as Sick Headache, Weak Stomach, Impaired Digestion, Constipation, Liver Complaint, and Female Ailments. Covered with a Tasteless & Soluble Ooating. Of all druggists. Price 2% cents a box. New York Depot. 65 Canal St. W AR Teheos | ndapn o Made a well THE GREAT HINDOO REMEDY TOIDUCKS THE ABOYE GESULIS In 80 1) Y&, Curowall plossnes 50 Uby pastalnises and quick Lot Maanhood i1i ol ¢ written g Duyan tmitarion but insist on Daving TNDAPO, our drugist s ROCIE W0 Will send it prepaid. riental Medicnl Cou CHICAGO, TLL., or thelr agenis SOLD by Knhin & Co. 15th and Douginss Sta.. nd JA aglars Stx OMAHA| 2L Broadway & 6 Pearl Sty 8, and Leading Drugigists. Man — Developed an RENE\%’ED THE GREAT LIF) giver, CUPIDINE, will restore all the generative [mpotency Lin- f CUPIDINE i3 used. Send for fras olrs culars and testimonlals, DAVOL MEDICINE €O, P. 0. Box 2076, Sun Fran- i8¢0, Cal. JTORIDA ToUSVILLE SRSt LOUISVILL Av £ LOST O FAILING HANHOOD, General and Nervous Debility, Weakness of Body and Mind, Effects of firrors or Excesses in Old or Young. Iobust, Nobla Manhood fully Restored, How to Enlarge and Strengthen Weak, Un- doveloped Organs’ and Parts of Body. Abso- lutely unfailing Homs 1\ W17 Treatment—Benofits ina day. " Men testify from 50 States and Foreign Countries. Write them. Descriplive Book, eaplanation and proofs mailed (sealed) froe. ERIE MEDICAL CO0., Buffalo, H.Y, Stockhotders Meeting. OFFIcE OF LEk-C waRE Co., OMANA, Neb., 93, -Notice 1s hereby given to tho stos of the Lo Clurko Andreosen. Hurdwaro company. th bo ual mecting of the stockholdors of the compuny will bo held at offices of the suld company, 1219, 1221 wud 1223 Harney street, fn the city of Omaha, In the state of N on Tuss duy, Junuary 9, A, D, 1594, at 4 o K p.on, foF the purpbse of electing i board of directoes for the company to serve during the ensaing v HArD- yoar 10 (ransact sueh ofhor businiss as way be preseated at such woeting 1, . Lg, Prosident. Attest: W. M. GLAsS, Socreti 18 DBAX Ntockbolders® M Union Land company given that the annusl meoting of the stock- holders of the Unlon Lind company for the o 0 Hive dirsctor and such other bus noss i1 sy Properly coms before the meeting, will be held ut the otfico of John M. Thursto Union Paclfic buildiog, Omabs, Neb., up Monday, the 5th day of January, 1594, at W o'clock a. w. Boston, D nber 10, 1503 ALx MILLAB, Sco D1y s herehy ary.