Omaha Daily Bee Newspaper, June 29, 1894, Page 5

UPRENE COURT SYLLABI Points Coverod in Opinions Handed Down by the Judges During the Woek, FITZGERALD AND MALLORY WIN A SUIT of a Miltion Burling- Ansoctn- Judgment for Three-Quar Agnint the Missourl Facifle suntary Rellet tion Also Knocked Out. ™ ton IANCOLN, Neb., June 28.— Bee)~The supreme court down an opinion in the the Fitzgerald & Mallory Construction company against the Missourl Pacific rail- rond. It has been in the courts for almost six years, and the Judgment, $764,942.08, with Intercst at 7 per cent from Decembar 16, 1891, 1s a good advance on what Julgs ibbetts found due, $620,573.48. John Fitz- gerald s the man who has been pushing the case and he will get about $200,000 of the verdiet. Another decision of peculiar interost at this time s one concerning the Burlington Voluntary Relief assoclation. In this the company sought to evade payment the ground that the assured had not made formal application, and that the money taken from his pay as assessments on his insur- ance was offered to be returned to him. The court holds that oven though no formal ap- plication for membership was made the fact that the head of the relief department with- held from the wages of the assured a sum equal to his assessment operated as an ac- ceptance of the risk. It was also held that the tender of a time check in returning th assessments was not a legal tender, and even if it were it could not relieve the de partment of responsibilities already assumed. On June 26 the court met pursuant to ad- Journment, and the following proceedings were h Erb against Eggleston, advanced. Omaha against Richards, leave granted to file amended petition in error. Motions were submitted in the following clauses: Douglas county against Keller; Baird against Woodard; Einspahr against Exchange National bank; state against Hill; Hudson agalnst Pennock; Thompson against Harrls; city of South Omaha against Tax- payers league; Kilpatrick against Schaffle; Farmers Loan and Trust company against Muninger; Carpenter against Lingenfeltar; Owen against Udall, motion for rehearing denied; Lamb against state, motion for we- hearing denied; Wiggins against Hume, dis- missed; Mickiewait against Palmer, dis missed; Johnson against Parmale, dismissed; Miller against Mahoney, dismissed. On Wednesday, June 27, the proceedings were: Thompson against Harrls, motion rect Judgment sustained. Boyd against Boyd, decree as per stipula- tion. Leave to file amended petition in error In Farmers Loan and Trust company against Muninger. Kilpatrick agalnst miss sustained. Baird against Woodard, motion to dismiss appeal overruled. Motion to vacate writ of prohibition sustained. South Omaha against Taxpayer league, ad- vanced. Motions for rehearing overruled in follow- ing cases: Moon against Waterman, Bell agalnst Beller, Stratton against Tarpenning, state ex rel Scott against Crinklaw, Chicago, Burlington & Quincy Railway ~company against Wymore, Hardin against Tower, Hoi- lister agalnst Mann, Chappel against Smith, Hughes against Insurance Company of North America, Nebraska Loan and Trust company agalnst Hamer, Chicago, Burlington & Quincy Railway company against Wilgus, Woods against West, Cortelyou against Maben. Hill against state, plaintift to serve and file briets in twenty days, or judgment will be_affirmed, Gralam against Frazler, motion to dismiss overruled. In the matter of the application of the attorney general relative to rules, motion for rehearing denled. o Before adjournment till September this morning the following order was made: Whereas, The present term of office of the reporter of this court will expire before the convening of the next term of court, and whereas it is necessary that some person Do designed to discharge the duties of sald office during the interim, it is ordered that vid A, Campbell, the present incumbent, appointed to discharge the duties of @ald office until the further order of this court, upon his giving a bond in the sum of $10,000. Sald appointment to take effect upon the expiration of the present term of ce. In the case of the atate agalnst Hill the balllf was permitted to amend return of summons by showing that a copy was left at the usual place of residence of the defend- ants. The motlon to quash the summons directed to the sheriffs was sustalned. All other objections to service of summonrs overruled. Burlington Voluntary Relief Department inst ‘White. Error from Cass county. rmed. Opinion by Mr. Commissioner Iryine. A relief department in the nature of a mutual insurance association was main- tained In connection with a rallroad com- pany. The members of the rellef depart- ment were employes of the railroad com- any. By thelr contract of membership hey authorized the company to withhold from their wages certain sums to provide a fund for the payment of benefits in the case of sickness or death of members. The rallroad company contracted to make up any deficlencies ‘In the fund so provided. It also furnished the clerks and other em- loyes for conducting the affairs of the epartment. The department was under the general management of a superintend- ent and subject to the supervisory control of an advisory committee. The by-laws of the department required an employe who desired to become a member to make ap- plieation in a prescribed manner and sub- mit himself to a physical examination. His application was then subject to the ap- proval of the superintendent. W was an employe of the rallroad. July 21 he ex- pressed to a sollciting agent of the. de- ment his desire to become a member. he agent gave written notice of W's ap- plication to the superintendent of the de- tment, the paymaster of the road and “s superior officer in the employ of the road. This notice specified July 1 as the day ‘when the application was to- take ef- fect. July 22 W was taken sick. No ap- plieation was made in the form prescribed v the by-laws and no physical examina- tion was had, No demand was made upon W elther for such application or for such examination. W's name was placed upon the roll of members of the department and from the July pay roll there was de- ducted by the company for the benefit of the department the assessment due from W on the basis of membership from Jul 21 to September 1. On August 7 the of- fieers of the department were notified of WS disabllity. September 19 the superin- tendent wrote to W's superior office, stating that W was not a member of the depart- ment; that his contribution should be re- éd by time check and that the notice of disability should be canc Septem- ber 2 an Instrument called a time check was tendered to W and by him refused. A few hours thereafter W died; held: 1. That the department, by causing be deducted from W's pay asse on the basis of membership with knowledge of the fact that no formal application had been made and no examination had, was eatopped from disputing W's membership. 2 That the fact that the relief depart- ment was & mutual Insurance company did not relieve it from the operation of the rules of equitable estoppel. 3. That all of the transactions being with the knowledge of the superintendent of the department there was no question of the authority of subordinate employes to requirements, thelr acts being in such case the acts of the department. 4. That the department was not relieved from liability because of a rule which pro- vided that where an employe had made a proper application and passed a physical examination the department should only be 1lable during & delay in the approval of his application for injuries or death caused by nceident. The department, under the facts ated, was estopped not only from denying that there had been an application “and examination, but from denying that the gllcnnnn had been approved Special to Phe today handed celebrated case of case on to cor- haffle, motion to dis- The tender of the time check before WA death did not release the department from llability; first, because it was not a legal tender, and --r-mnl)u because llabil tios had already accrued against the de- partment, from which it could not dis- itself by refunding the assessment. rule of the department providing that all questions or controversies arising between any parties or persons in connec- tion with i‘. relief department or opera- #on thereof, whether as to the construction | by of Iangung or ns to, nection the de whos or the meaning of regulations, oy right, decision or act In con” therowith, should be submitted to rmination of the superintendent siston should be final, fubject, how: | an appeal to the advisory com- | mittee, §lid not prevent the malntaining | this action, for the rensons, first, that in al ning W's membership before his death the superintendent was not acting Judicially afier a hearing of a eontroversy | upon the subject, but was acting in an administrative capacity on behalf of the department alone: and secondly, that this Wis not 4 controversy with the depart- ment as to transacticns between it and a member, but wus an action by the widow after W's membership had ceased to en force a liability accruing to her. Rail- way Conductors’ Assocfation against Loomis, 43 11l app followed, 7. No ' beneficiary having been designated W, the rules of the department con- strued’ and held to constitute W's widow his beneficiary Von Dorn ~ against las county. Affirmed mmissioner Ragan sre A contractor agrees with the owner al estate to furnish the material and and erect for him an_fmprovement thereon, and such contractor voluntarily bandons the work before completion, the charge the contractor 'with ATy costs of completing the ntractor agreed to amount of all p Mengedoht. Error Opinion impro compl ments tract; (e) The the real estat furnished the In such impro he made amount of all r labor an tor and by him ; and (d) The amount ual damages the owner has sustained contractor’s default. The n the total of these items price s the asure of damages of both the owner and contrac- tor; if such total exceeds the contract price-such excess {s the amount the owner may r of the contractor; If the con- tract price excecds such total, such excess is the amount the contractor may re T from the owner. 2. Where such a material and the contract rontract exists and the owner rightfully terminates t same by virtue of some provision therein authoriz- ing him to do so wpon the happening of certain_contingencies, then the contractor is_entitled to recover from the owner the actual Lenefit he has received from the contractor's partinl performance, and this is found by ascertaining the reasonable worth of such partial performance appro- priated or received by the owner at the time of such receipt or appropriation, and deducting therefrom payments made to the contra actual damages, if any, owner has sustained by the contractor's default, If he has made one, 3. Where such a contract exists and the owner wrongfully terminates th same or the contractor’s employment thereunder be- fore the completion of the improvement the cont tor's measure of dam: is the reasonable value of his partial perform- ance, increased by all actual damages sus- tained by him by ceason of the owner's unjustifiable termination of the contract i. The mechanic’s lien law of this state mikes no \ction between skilled and unski ; and its pollcy is to insure to hoth classes remuneration for whatever they may do_towards increasing the value of an owner's real estate by the erection of_improvements thercon. 5. An architect who furnishes drawings and plans for an improvement on real es- tate and superintends the erection of such fmprovement in accordance with such plans, in pul ance of a contract with the owner, is_entitled to a llen upon such improve: ment and the real estate upon which it is situated upon compliance with the me- chanic's llen law of the state. There {8 nothing in our constitution or laws that prohibits a woman from holding the office of notary public. 7/ The right of a woman to hold the of- @ of notary public when she has heen appointed and commissioned to such office by the governor can only be inquired into in_a suit or procceding brought against her for that purpose. 8. A motion for a new trial on the ground of newly discovered evidence should be overruled, even if the evidence alleged to be newly discovered is competent under the pleadings, when it appears that the wit- ness by whom it is proposed to prove the facts alleged to be newly discovered tes- tified on the trial of the case, was exam- ined by the applicant for a new trlal and no effort was made, at that time, to elicit the facts claimed to be newly dis- covered evidence. Brandt against = Fitz- gerald, 36 Neb. 683, followed, 9. The pendency of a motion for a new trlal does not supersede a decree or judk- ment rendered or stay the execution there- of, 0. A judicial sale occurred on the 25th of April. The first publication of the no- tice of such rale was made on the 21st of March; as thirty days intervened between the date of the first publication and the date of the sale; held, sufficient. Carlow against Aultman, 28 Neb, 672, followe Kofkn against _Rosicky. or from Douglas county. Judgment of the district court reversed, 0 far as the rights of plaintift herein are affected, and decree ordered in this court in favor of appellant that the title of the property in dispute is in appellant, and be quieted in her except as against the mortgage liens thereupon prior to the death of the Spilineks. Opinion y Mr. Justice Harrison. 1. Specific performance of a parol con- tract will be enforced by a court of equity where one party has wholly and the other partly performed it, and its nonfulfillment on the one hand would amount to a fraud on the party who has fully performed it, 2. Specific performance 5 a matter of dis- cretion in a court which withholds or grants relief according to the-circumstances of each particular case, where the general rules and principles governing the court do not furnish any exact measure of justice between the parties. 3. Held: That the oral contract in this case possessed the elements of certainty, and the proof establishing it was sufficiently clear and satisfactory. 4. A girl about 17 months old was given by her parents to her uncle and aunt under an agreement that they would adopt her and rear, nurture and educate her, and that she was to be as their own child, and at their death to receive or be left ail the property which they might own. She lived with them until they died, some ten years afterwards, took their name, did not know or recognize her own father and mother in the true relation, but knew them as and called them uncle and aunt, and knew and recognized her uncle and aunt as father and mother. The uncle and aunt died possessed of real estate in the city of Omaha, the title to which they did not cither by deed or will transfer to the child. Held: That there was such a part per- formance of the contract by the parties thereto as entitled her to a decree, giving her the title to the property by way of specific performance of the contrac Doll against Crume. Error from Douglas county. Affirmed. Opinion by Mr. Com- missioner Ragan. The awarding of a contract by a muni- cipal corporation for an improvement for it is a sufficient consideration to support the promise of a contractor, made to the corporation, to pay for all labor and ma- terfal furnished him in executing said con- tract, 2. Neither an express statute of the state nor an ordinance of a municipal corpora- tion is necessary to its authority to require of its contractor a bond to pay for all labor and material furnished him in the execution of his contract with such cor- poration. 3. Sample against Hale, 31 Neb. 220; man against City of Lincoln, 5 N. W. followed and reaffirmed, 4, Where one person makes a promise to another for the benefit of a third per- son such third person can maintain an action upon the promise, although the con- sideration does not move directly from him. Shamp against Meyer, 20 Neb. Barnett against Pratt, 37 Neb. 829, follow and reaflirmed. 5. The city of South Omaha let a_con- ot for grading its streets to one Davi avock and Doll signed the contract as sureties for Davis. The contract provided that Davis should be paid 45 per cent of the estimated cost of the work when two- thirds of it was completed; that Davis would complete the work in 180 days; that he would pay for all labor and material furnished im in executing his contract; that “sald parties of the third part (Mo- Gavock and Doll) hereby guarantee that Ly- 531, the sald party of the second part (I will well and_truly perform th einbefore contained to pay all ‘laborers ployed on sald work; and if said laborers not paid in full by said party of the nd part that sald third party hereby agrees o pay for said labor or any part thereof which shall not be paid by said second party within ten days after the money for sald labor becomes due and pay- able;” on completion” of two-thirds of the work the city paid Dayvis % per cent of the estimated cost thereof; the city granted Davis an_extension of ‘time for' the com- lotion of his contract beyond the time hixed” therein. One Crume sued MeGavock and Doll for the value of labor he had performed for Davis under his contract with the city. Held, first, that the contract between the city and Davis and his sureties and the promise and liabilities of the latter thereon, were of a_dual nature; a promise to the eity that Davis should perform the work in the time and manuer he had agreed; and a promise, in effect, to Crume to pay him for the labor he should perform for Davis Second, that the city's overpaying Davis and extending the time of performance of his contract did not release the sureties from their contract to pay Davis' laborers. Third, that If the city had precluded itself from calling on the sureties to make good to it any default of Davis its acts did not estop the laborers of Davis from enforcin, against the sureties their contracts an promises. Alken against State. Error from Doug- las county. Affirmed. Opinion by Mr. Justice Post, Objections to an indictment or informa- tion on the ground of duplicity must be THE OMAHA DAILY BEE: FRIDAY, JUNE 29, 1894 1S THE THE BIG STORE Only House in America GIVING COUPONS WITH SUGAR And All Staple Goods. ' HAYDEN BROS. Our Pre-Inventory Sale Offers Some Very Unusual Buying Chances, ARE YOU ONE OF THE FORTUNATE BUYERS? Dress Goods 32-inch wide printed dimities in Ight or dark ground on sale at 16 yard. Don't compare this with the 25-inch wide domestic dimities which are being sold in this city at 12%c and 15¢ yard. 32-inch wide printed organdies, an- other bargain, and will go lively this hot weather at 15¢ yard. Mouselline de India In black ground, only 25c yard. Fine white dotted figures, pin head dots, and 40c. We devote more space to our wash dress goods stock and display more wash dress goods than all the other stores in this city combined. 1t your dealer cannot fill your de- sires in this line drop in at Hayden's and get what you want, We don't expect you to spend any money with us uniess we give you better value than you get elsewhere. Look over the tables filled with rem- nants of wash goods. Swisse: ete., 23c, neat 35¢ Coupons Free With All Purchases, Furnishing Goods. We have about 100 dozen corsets principally in fine goods, broken sizes, they have sold for $1.00 to $3.00; if you can find your size in this lot we will sell them for 35c, G0c and T5e. CLEARING OUT CHILDREN'S HOSE. 1 case of boys' bleycle hose, fast black, never sold for less than 25c, clearing price 15c. Ladies' two-thread fast black cotton hose, extra quality, 17c, 3 for 50c, g00d value at 25¢ per pair. 500 26-inch silk _umbrellas, $2.50 auality, reduced to $1.50. Ladles’ heavy pure silk mitts, extra Cheese. Grackers. crackers, cookies, molasses cake, oatmeal and cfty sodas all at 10c; about 50 boxes of lemon cream crackers that were formerly sold for 12ige, now go at Ge. and lard we are without doubt tho leaders. Also we have something mew; nice pound Callfornia sugar cured ham: ll).'\rkugo of oatmeal crackers, very best made, Gc or cracker sale. quality, worth 40c, reduced to 25c. Chiidren’s muslin pants, 9c, worth 20c. Ladies’ 40c. Ladles' jersey ribbed vests, Gic worth 12%e. Gents' suspenders, 123, worth 2Gc. Gents' superfine brown cotton % hose, only 12tge, worth 25, special value. Gents’ balbriggan shirts and drawers, . good value at 40c. 00 dozen gents' negligee only 36c, worth 50c. 50 dozen gents' teck scarfs and 4-ln- |, hands, only 25c, worth Goc. muslin drawers, 25c, worth shirts, Grash Toweling Bleached only de yard. Bleached huck toweling, Gc yard. Unbleached all linen crash, Se yard, Bleached crash, all linen, 5e, 6e, 7c and Sc, We call particular attention to our heavy bleached twilled crash, which used to bring 15¢, but now we are sell- ing the same at 10c a yar Heavy huck toweling at 15c yard. Unbleached all linen crash, Sc, and 12 or brown twilled crash a 10¢ Agaln we quote you some prices: Full cream brick cheese, Ge per pound, Limburger cheese, 9c, 11c and 12%c. Swiss clieese, 121c, 14c and 16c. Wisconsin full cream, 7%c, 10c and 12%ec. All other cheese away down in price. Crackers, 3%¢c per pound; fancy Sc; ginger snaps, grandma's cookles, XXX soda 0c; sugar frosted creams, ' snowflake crackers; -74r. We have 12%. Musical Instruments. Sheet music only 6c folios, plote Musicians and cthers are through violins, pianos and orgzns. prices. guitar at Mandolins run from We Washburn mandolins and guitars Before b plano get our prices on the Chicke standard piano of the world. been we planos always tuning a specialty. In organs we Come latest novelty. handsome full octave keys. Fruit and Fi ruit and Fish. We have fancy lemons 12%c and 15¢ per dozen; nice 30c; codfish, pound; Everything in fish here at lowest prices. Butter. Here are some of our prices: ter, 19¢, 1214c, and best country butter, 1 agaln our separator is up for 18c and 20 There is no butter made to equal our cream- ery; buy some and be convinced. For fine quality and low prices in meats Be sure and call;at our grand and 15c; boneless ham, cheese and liver sausage, S¢ per pound. per copy. 000 coples of all grades of vocal musie, 25c, 36c and 50c. A full and com- assortment. invited to look mandolins, guitars, They will find lowest possible offer an elegant our stock of mplete stock at As a leader $3.75 the we $3.75 up. tewart banjcs from $10.00 up. are also agents for the celebrated ng a cheap or medium grade ring, the ou have prices W Piano 1t to music dealers figures will astonish you. on hand for rent. accustomed Know cu have all styles and prices. our piano case organ, the In appearance it resembles upright piano. It has seven and see weet oranges, 1oc 20c, 25 and %e per pound; nice herring, 15¢ California salmon, 10c per fish, 3%c, Ge, 74c and 10c. dozen white Country but- 9c; corned beef, dried beef, 10¢, 12%c 10c; bologna head pickle pork, 7% House Furnishing Goods. Mason get them while thoy last. Jelly glasses, 24c per dozen. border, Ge. Toe. worth $1.50. 40c. e, 40c. $1.25, 50c. 35c. 16e¢. pay other dealers from $2.00 to $3.00 more for the same machine. Get a Free Coupon With Your Purchase. fruit jar rubbers, 3%c per dozen, Rockingham cream pitcher, Go each. 24 sheets, all colors, shelve paper, fancy Silver metal tea spoons, 13¢ per set, worth Silver metal table spoons, 26c per set, eather dusters Sc cach. Terra cotta cuspldors, 13c each, Tce cream freezers, 98c each. No. 7 copper bottom wash boiler, worth No. 8 copper hottom wash boiler, worth No. 7 copper hotfom tea kettle, worth $1.00, No. 8 copper bottom tea kettle, worth $1.25, A good tin tea kettle, worth 50c, 15c. An extra heavy dish pan, worth 25e, 9¢. Wash basins, 3¢, worth 10c each. Milk pans, 2¢, worth Sc each. Pie tins, e, worth 5S¢ each. Stew Kettles, 8¢, worch 1S Preserve ketties, 1lc, worth 25c. Bread pans, 10¢, worth 20c. Extra heavy Japaned dust pan, e, worth Don't The Western washer, $2.25 each. Coupons_free with_all purchases. LOWEST NOTCHES CLEARING SALE. Boys’ Glothing $2.00. knee pants sult, on sale at $1.50; they are worth grade summer suits in knee pants, 3 to 15 years, your cholce at $3 sold for $5:00 and $6.00. Straw Hats Men's Men's Men's Childr Childre Children's straw Children's straw s Crystal covered, fron bot- Black enameled, iron bot- Down to the DURING THIS A Doys' fine knee pants sult 95e, worth Strictly all wool double or single-breasted $2.00. Remember your choice of all our fine 25; they have been Call for coupons. COUPONS FREE WITH ALL SALES. Clearing Worth. Sale Price. straw straw acht NS straw n's straw hats... hats. .. ha hats, hats. ailors 35¢ f0e 5e Call for our free coupons. Trunks, Clearing Sale Price. ‘Worth. tomed trunk, strong and durable. .. $3.50 $10.00 $6.00 $5.00 BEFRA T bvas covered, iron bot- tom trunk.........e... $10.00 made before verdict or it will be held to have been waived. 2. Different criminal acts which consti- tute parts of the same transaction, such a3 burglary with intent to steal particular property and larceny of the property de- scribed, may be charged in the same In- dictment or count thereof. Union Stock_Yards against Conoyer. Er- ror from Douglas county, Affirmed. Optnfon by Mr. Justice Harrison. 1. Contributory negligence is o matter of defense and the burden of its proof is on the defendant, If the plaintift proves his case’ without disclosing any contributory negligence he will be assumed to be free therefrom. 2 A fact may be considered as estab- lished which may be reasonably inferred from all the facts and circumstances proved in a case; and In civil actlons it is suf- fcient If the evidence on the whole agrees with and supports the hypothesis which it is adduced to prove, and It is the duty of the jury to decide according to the reason- able probabilities of the truth. 3. Bvidence examined and held sufficient to warrant the submission of the questions of negligence and proximate cause of the injury to the jury for their consideration and to sustain the verdict rendered. 4. The former decision of thls case, ported in 58 N. W, rep. 1081, reaffirmed. State cx rel Ressel against Whitney. Mandamus. Writ allowed. Opinion by Mr. Justice Post. Whiere the existence of a municipal cor- poration is not questioned by the state it cannot be put in issue by a private in- dividual in a collateral proceeding. RECEPTION TO OMAHA MEN, re- Tour of the Jobbers Through Nebraska Towns Bearing Fruit. FALLS CITY, Neb., June 28.—(Special Telegram to The Bee)—Richardson county's capital is in the hands of the Omaha Com- merclal club, eighty members of which ar- rived here this evening. Leaving Omaha at 7 o'clock this morning the party started on a hand-shaking tour among tho retailers in the towns along the line of the Missour! Pa~ cific. J. O. Phillippl was In charge of the train, which consisted of two day coaches and a baggage car, and stops were made at cleven towns between here and Omaha. Plattsmouth was the first city, and the party spent over an hour there, R. B. Windom, president of the Board ot Trade, welcomed ' the visitors and a_carriags drive 'was given the tourists. At Nebraska City the entire town turned out to welcoms the party. Whistles were blown, bells runy and a drive in carriages provided for the Junketers. At Auburn an’ hour's stop was made fox dinner, after which the crowd moved towara this city, making ten-minute .stops at ths towns enroute. At every point the visitors have been recolved with enthusiasm, and the business men expressed themselves as well pleased with the tour thus far, affording them as it has an opportunity to talk personally with customers. Messrs. Dickey, Bloteky and Broateh were left at Nebraska City, but regained the party this evening after a long, stern chase via freight. The order for tomorrow is: Breakfast at 4 a. m., fol- lowed by a hand-shaking expedition through the towns between here and Crete, whers dinner will be served. The tourists will re. turn to Omaha at 10 p. m. Friday night. Prolibs Meet at Hastings. HASTINGS, June 28.—(Special Telegram to The Bee.)—Some forty or fifty prohibition- ists met here today in county conventlon. A. E. Waldron was made chairman and E. 0. Kent secretary. The following delegates were elected to go to the state convention at Lincoln, July 3 and 4: C. L. Jones, J. R. Penfleld, M. M. Patterson, W. J. Parmenter, Dr. T. B. Cassell, Mrs. T. E. Cassell, Oscar Kent, Aaron Jones, Miss Berryman and M. L. Brass. The following were elected of- ficers of the county central committee: E. A. Waldron, chairman; J. R. Penfleld, sec- retary, and C. L. Jones, treasurer. The usual resolutions were adopted, demanding equal suffrage, prohibition of the liquor traffic, and opposing the expenditure of any public school moneys for sectarian purposes. Before adjournment the meeting was ad- dressed by C. E. Bently of Lincoln, chalr- man of the state central committee. Demise of George &, Wilsey, BLAIR, Neb., June 28.—(Special Telegram to The Bee)—George R. Wilsey, an old res- ident of Blair, who oconducts the largest dray line here, dled this morning at 10 a m. He was well known and highly re- spected. The remains will be buried Friday at 4 p. m., under the anspices of the Inde- pendent Order of Odd Fellows lodge of this place. FALLS CITY, June 28.—(Special to The Boe.)—Mrs. Lefta Dunlap, aged 87 years and 6 months, dled at the home of her daughter, Mrs, Jacob Herbst, yesterday morning. She was one of the oldest inhab- itants of this county. ~ She was born In mgz. England, and has resided here since Prof. David Dennis, son-in-law of Mrs. A. J. Weaver of this city, died in Salt Lake City Monday. Prof. Dennis was superin- tendent of the Salt Lake schools. The funeral will occur in this city Sunday. REPORTS OF STATE ASSESSMENTS. Not Up to Those of Provious Years in Some Respeots. LINCOLN, June 28.—(Specfal to The Bee.) —The reports of the assessments are com- ing in from the various countles to the stato auditor. The reports of the first five coun- ties recelved as compared with the reports made last year show a decrease of $125,000. It this decrease is kept up throughout the state the difference between this year's as- sessment and that of last year will amount to about $13,000,000. It the ratio of decrease should be Kept up in some of the counties reporting, the auditor remarks, it will only bo a matter of a year or two until they will Feport. nothing assessablo within their bor- ders, State Auditor Moore is preparing a com- parative statement of the net earnings and losses and general business of the insurance companies doing business in the state dur- Ing the past five years, which will be of considerable interest, especially in view of the recent advance of rates made by the in- surance companies. J. B. Erion of the Bureau of Agricultural Statistics has completed the record of farm mortgages by counties, as shown by the re- ports of county clerks. It showed that dur- ing the year ending May 31 the total num- er of farm mortgages filed in the state to be 22,442; amount, $22,342,411.16. Number satisfied, 21,308; amount, $16,921,367.08. The town and city mortgages amount to $9,25 17550 in the same period, with $8,332,092.62 satisfied. In Douglas county the number of farm mortgages recorded was 128, with an aggregate consideration of $256,260.37, while the number of those satisfied was 91, having an_aggregato consideration of $119,520.82. The second baseman of the Jacksonville ball club was assaulted by a local colored man at the Capital hotel the other evening, but came out unscathed. The colored man claimed that the ball player had tried to lead his wife astray. The Citizens State bank of St. Edwards and the State Bank af.Smithfild have in- corporated under the lawsiof the state and propose to begin business, ! Articles of incorporation of the Electrical Medical association of fhy.state of Nebraska have been filed. 48 The Afro-American deague, with Dr. M. 0. Ricketts of Omaha in the chair, is in session here. DelegatesSfrom Omaha, Ne- braska City, Beatricel Habtings and other cities are in attendance: Twenty delegates to’ the state convention of the Ancient Order of: Hibernians at Te- cumseh left this evenihg:!! They are said to be after the scalp of Stite Delegate J. A. Kilroy, whose case wps gonsidered at the national convention i Omaha. Kilroy s said to have used his pasition in the order to defeat Bryan for releloction. ptle L Gy To Entertain the Veteran TECUMSEH, Neb., June 28.—(Speclal to The Beo)—A company has been organized here and stock subscribed for the purpose of placing a small excursion steamer on the lemaha river. The proposed boat 15 to carry from thirty-five to fifty passengers and to be In running order by August 15, the time of holding the district Grand Army of the Repnblic reunion fn this city. W. A. Campbell s president of the new company and W. 8. Jones secrotary tim Fined. FALLS CITY, Neb., June 28.—(Special to he Bee)—Following the trial yesterday morning in which the four Salem young men were fned for tarring and feathering Martin Thayer, a fight was precipitated between the same boys. Thayer was arrested and fined $1 and costs. Three Serious Accidents. BLUE HILL, Neb., June 28.—(Special Tele- gram to The Bee)—D. E. Lance fell under the wheels of a freight train this morning while attempting to get off at the depot. His fcet were frightfully mangled, and amputation was necessary. He came here recently from West Virginia in search of a farm. NEBRASKA _CITY, June 28.—(Special Telegram to The Bec)—E. F. Thorp, one of the oldest and most highly respected citi- zens of this county, was thrown from his buggy during a runaway today and badly injured. His body was terribly bruised anx a rib broken. Mr. Thorp being quite wel advanced in years, his Injuries may result seriously. Isaac, the 8-yoar-old son of Ben Hakan, was badly burned last night while plays Ing with a dark lantern. The lantern ex. ploded and the boy's hands and arms wers shockingly burned before the flames could be extinguished. Fromont Brovities. FREMONT, Neb., June 28.—(Special to The Bee)—John F. Gelger was granted a divorce from Dora H. Gelger in district court on the ground of abandonment. Frank Pugh left for a 500-mile wheel run, which will land him fn Walworth, Wis. The relatives and friends of Mr. and Mrs. I. H. Wintersteen met at the residence of David Franklin yesterday to join in the celebration of thelr fiftieth wedding anni- versary. Tho following officers were installed at the last meeting of the Masonic lodge: Ed Airls, W. M.; Julius Beckman, S. W.; E. Schurman, treasurer; George Storey, secre- tary. Daughtors of Veterans Elect OMcers, GRAND ISLAND, June 28.—(Special Tele- gram to The Bee.)—The convention of the Daughters of Veterans closed today. The following officers were elected: President, I1da King, Grand Island; vice presidents, Carrle Prouty, Gibbon, and Bertha Talbott, Red Cloud; treasurer, Alma Redding, Lin- coln; secretary, Margaret Brown, Grand Island; Installing officer, May Bevin, Grand Island; mustering officer, Stella Allen. Geneva was selected as the place for holding the next year's convention. eran Turner ored. GRAND ISLAND, June 28.—(Special to The Bee)—The editor of the Independent, Fred Hedde, received a cablegram from Kiel, Germany, from a committee of the Turner verein, congratulating him and ex- tending best wishes as a charter member and organizer of that society, the oldest in Schleswig-Holsteln, ~ As far as known, Mr. Hedde is the only living member among those who organized that soclety, which is now celebrating its fiftieth anniversary. Areadia Mal ot Offcors. ARCADIA, Neb., June 28.(—Special to The Bee)—Guage lodge No. 208, Ancient Free and Accepted Masons, held a public installa- tion of officers last evening: The follow- ing officers were installed: W. B. Reynolds, W. M.; P. Christian, 8. W.; G. H. Kinsey, J. W.;'S. W. Goddard, treasurer; Dr. A. E. Bartoo, secretary; J. W. Monteith, 8. D.; W. D. Bennett, J. D.; J. Rowley, chaplain; J. Parker, tyler; J. Monteith, W. S. Owen, stewards, Sudden Death of & Ploneer, PALMYRA, Neb, June 28.—(Special to The Bee)—Willlam M. Thaler, who had his hip broken by being thrown from a carriage last winter, died suddenly of heart failure this morning. Mr. Thaler had been a resi dent of Otoe county since 1857. He was a member of company A, Seventy-third Illinos infantry. He was 58 years old and leaves a wife and two grown children. Corn Growing Rapld), BLUE HILL, Neb, June 28.-—(Specia\ Tolegram to The Bee)—This locality had several heavy rains lately. Hot winds pre. vailed yesterday for three hours, Corn Iy knee deep and growing rapidly. for Woalers. GRAND ISLAND, June 28.—(Special to The Bee.)—Higginson's branch of Common- wealers Is camped nine miles below the city, near Doniphan. They came down the Platt river in boats and are ninety in number. Commander Higginson has been in the city two days seeking aid and provisions, but neither the county mor city authorities will or can do anything for them. Small Blaze at Nebraska Cyty. NEBRASKA CITY, Neb., June 28.—(Spe- ial Telegram to The Bee)—The Stock ex- change building, owned by the Union Stock Yards company, in which Sccretary of Agri- culture Morton is largely interested, was damaged about $700 by fire this morning. Irsurance, $5,000. Origin of the fire is un- known. Nebraska Loses a ducator. GENEVA, Neb.,, June 28.—(Special Tele- gram to The Bee.)—Prof. H. L. Chaplin, for six years past the city superintendent of schools, has been elected superintendent of schools of Sterling, Il It is understood that he has accepted the position. Rl h e oo P Knocked f Time By that abde blood depurent, Hostteter's Stomach Bitters, the young glant, rheuma- tism, withdraws, beaten. In maturity it is harder to conquor. Attack it at the start with Hostetter's Stomach Bitters, and save yourself years of agony and constant danger, for this malady is always liable to attack the heart. Potent in malaria, dyspepsia, constipation, nervousness and kidney com- plaint is the Bitters. e Balloon nightly at 8 at Courtland Beach. AL kI TRIED THE WEALERS. Federal Ofiiclals Return from Holding Court at Fort Sid Judge Dundy, Commissioner Frank, Dis- trict Attorney Sawyer, Marshal White, At- torneys Kelly and Wheeler, and the officials who went out to Fort Sidney to try the crowd of Commonwealers captured at Big Springs returned to this city yesterday, having completed their duties. Nearly all the Wealers pleaded guilty to the charge of interfering with trains in charge of the government, which makes them in contempt of court. Twenty-five of them were tried and nine dismissed. Judge Dundy deferred his decision and will sentence them with those who are in the Douglas county jail, awaiting sentence on the same charge, at the same time. Judge Dundy was ill part of the time he was out to Siduey, but he is better now and may open court this morning to hear cases in equity. He has discharged the jurors and it is not likely that they will be reconvened during the present term of court. —————— DoWitt's Witch Hazel Saive cures ulcers, DeWitt's Witch Hazel Salve cures piles. —— Balloon nightly at § at Courtland Beach, P e ¥ ed from Exhaustion, Otto Reimers, a German actor without family in Omaha, fell to the pavement at the corner of The Bee building shortly after 2 o'clock yesterday in what appeared to be a severe sunstroke. Dr. Towne of the Board of Health was called as he was pass- ing. He at once pronounced it a case of physical exhaustion, as the man's tempera- ture was entirely too low for sunstroke. Relmers has been In the St. Joseph hospital for a number of weeks and was yesterday glven a letter to County Commissioner Live- sey with a request that he be admitted to the county hospital. He was on his way to the court house when overcome. He was taken to the county hospital later. ——— Popular music at Courtland Beach. e s Fine Arts Academy Re The young ladies of the Omaha Academy of Fine Arts will appear in costume this evening at the reception to be given at the studio In the Natatorium bullding on Howard street. The work of the students for the past year in oil and black and white, from lifo and casts, will be shown tric’ lights having been put In for the purpose. Re- freshments will be served, and a number of leading musiclans will be present and assist in a short musical program, including Hans Albert, Mrs, Nye, Mr. Gahm and others. A Al Balloon nightly at § at Courtland B ption. HIRES Rootbeer WILL LINK YOUR THINKS. Deliciously Exhilarating, Spark- ling, Effervescent. Wholesome as well. Purifies the blood, tick- les the palate. Ask your store- keeper for it. Get the Genuine. 8end 3 centstamp for beautial plature cards THE CHAS. E. HIRES CO. AUTOMATIC BOILER CLEANER MEYERS' Muanchester MIg. Co., No, Manchester, Ind. Mechanfeal device for removing all impurities from _boll ating sealing, foaming, also e all without the uge of com- Sold strictly on guarantee Correspondence sollcited, 105, Bee DBuilding, m. Office Or, E, C, Wost's Norve and Brain Treatment 13 sold under positive written guarantee, by authors izod agonts only, to curo Weak Momory: Loss of Brain and Nerve Powor; Lost Manhood; Qui Night Losses; Evil Droams; Lock of O ous; Lassitude; all Dratns; Loss of norative Org caused by xertion; Yo Uso of or, which soon lead to nfty und Death, By mall, with written guaruntes to curo of " COUGH SYRUP, A cortan euro for Coughs, Colds, Axthma, Broneh{ts, Croup, Whooping Cough, Sor Throat. Ploasant to take: Sl 6120 diseonfinued: old, 50, size, now 230.; old f1'#izo. now o, GUARANTEES (ssubd only by Goodman Drug Co,, Omaha. TRUSSES. DOES WE HAVE YOUR A ROOM T RUSS FOR FITTING TRUSSES PLEASE and a YOu? Large Stock, The Aloe & Penfold Co, 1408 Faroam 8¢, Opposite Paxton Hotel 6 for rofund money, WES THE LION DRUG HOUSE.