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THE ABQUB, MONDAY. JUNE 22 1891.
Both the method and:-results vhen
Sjrup of Figs is ttkenj it is pleasant
and refreshing to & taste, and acts
fently yet promptly on- the Kidneys,
.iver and Bowels, cleanses the sys
tem effectually, diels colds, head
aches and fevers f nd cures hahitual
constipation. Syrt p of Figs is the
only remedy of its kind ever pro
duced, pleasing to the taste and ac
ceptable to the stomach, prompt hi
its action and truly beneficial in its
effects, prepared only from the most
healthy and agreeable substances, its
many excellent qualities commend it
to all and have laade it the most
popular remedy known.
Syrup of Figs h for sale in 50c
and SI bottles by all leading drug
gists. Any reliable druggist who
may not have it on hand will pro
cure it promptly for any one who
wishes to try it. lo not accept any
CALIFORNIA FIG SYRUP CO.
SAN FRANCISCO. C4L.
LOUISVILLE, KY. HEW VORK, H.Y.
Shelf Oil Cloth.
Rii.ini and Picture
2Tietnrp Cora. Twin? Nai s
and Il'X't at lowe.t prices. .
Call an3 ee
C. C. TAYLOR
SECOND A VENTS,
Flrt door ea-t of Locdt n c'oth
My assortment; of chamber
sets is now complete, and the
range in price and in styles is
enough to satisfy any taste.
In table cutlery also I have
a fair variety, at prices inter
esting to any one who is buy
ing. The hard rubber handled
knives, with four tined forks to
match, are paiticularly good;
warranted to stand hot water.
Handles will not come off.
Q. M. Looslet.
CHINA AXD SU(!,
1609 Second Avenue.
in tcs i r
$200.00 and Upward
For aaie, secured nn lar.d worth from thro to Ere
times tlie amount c f the loan.
Interest 7 per cent ncmi-annnally, collected an'.'
remitted free of charge.
E. W. HUPwST,
Attorney at Law
Boom S and 4 Maeonie Tem;le.
P.o:K ISLAM), ILL.
J. E. REIDY,
Atfcnt for the Syndicate Irs. Co., of Mir neap
in tb Amazon Insnrance company of Cincin
nati; the Grand Rapids of Grand Kapids, Mich.,
and the American Caasltr Int arance and tiecnr.cy
company of Baltimore, Md.
A choice lot of city property for Bale, all well
located. Care and management of property so
licited. 1803 Second Avenue, over
Hoppe's Tailor Shop.
One of Interest to all Commercial
That rrrtaiolng to AltnmfnU on
wbl-n the ttopr.me Cum-t Ha
J a t Parnd.
A decision of our supreme court, of
interest to the commercial world, was
la-el; filed at Springfield. It diecusBei
assignments for the benefit of creditors
in mis state. Since the passage of the
assignment act in 1877 there has been
much contrariety of decision among the
courts of our state. Tbis decision is too
lengthy to insert in full. It overrules
the prior decision of the same court in
the same case, made about a year aso,
and was made upon a petition for a re
hearing. Its title is "Farwell et. al. ys.
Cohen et. al., and, in brief, is as follows:
One George Silverman, of Danvilie,
being heavily indebted, transferred his
stock of goods to Daniel Cohen, in writ
ing, to secure certain notes aggregating
ovtr ?15,000, and authorizing 6aid Cohen
to sell such goods at public sale- oa 10
days' notice, and out of the proceeds first
pay the expenses and thereafter the
notts. seriatim, to the holders thereof,
Jnhu V. Farwell & Co., of Chicago,
were creditors of Silverman for about $1.
500. and were not mentioned in such
wriitta instrument. They filed a petis
lion, tuerefore, in the county court at
Danville, alleging that Silverman's lia
bilities exceeded $40 000, and his total
assets less than $20,000; also alleging
that the transfer to Cohen embraced his
total assets, and asking the county court
to cite Cohen and Silverman to appear in
such court and under its direction to dis
pose of the entire assets transferred, and
for all the creditors, pro rata.
Cohen tiled an answer denying the
jurisdiction of tbe county court, and ad
mitting that he proposed to sell the goods
transferred to him and dispose of the
proceeds in accordance with the written
instrument delivered to him for that pur
pose. The county court assumed jurisdiction,
discharged Cohen, and appointed another
person trustee, from which decision an
appeal was taken.
The material question for decision by
our supreme court was whether tne in
strument to Cohen was such a voluntary
assignment as conferred iurisdiction upon
tbe county court to supervise the decis
ion of the trusts herein created.
Oar assignment act is copied from the
Iowa statute. That statute, however,
concerns "general assignments," while
ours governs "all caees in voluntary as
s:gcments, whether made by creditor or
creditors," and the transfer to Cohen, even
if but a partial assignment, is, if other
wise a valid voluntary assignment, to be
governed by and eelministered under the
provisions of the act of 1S87.
No negative words are used in the act,
decliring the validity of assignments in
sckcowledging and recording. After a
debtor has delivered his deed of assign
ment and possession of the property
thtrtin described to toe assignee, he has
no further control over either. The duty
of recording it devolves upon the assig
nee. The assignment act was intended
mainly for the benefit of the creditor.
The creditors of Silverman are not here
objecting to the want of the certificate of
acknowledgment, or because the deed was
n-t recorded. Silverman and Cohen
affim tbe validity of the conveyance, and
are equitably stopped from saying the in
s'rument is not the deed of Silverman or
from objecting to it because it was ac
knowledgtd and recorded. No matter
whit they call tbe instrument, the law
makes it a voluntary assignment. The
statute enlarges the trust and makes it
inure to the benefit of creditors. It was
the statutary duty then of Silverman to
acknowledge it and of Cohen to have it.
recorded, lhey ought not now to De al
lowed to plead their shortcomings to the
detriment of the rights and equities of the
beneficiaries in the trust.
The petition of Farwell & Co., alleges
that Cohen is a relative of Silverman, and
also that he haB not, within twenty days,
(as the statute requires) filed an inventory
and given bond, and asks for his removal.
When a prima facie of assignment is ex
hibited to the court, it then devolves upon
such court to adjust and determine
whether or not a voluntary assignment
has in fact been made; whether or not the
instrument in question is such an assign
men'; and whether or not it was executed
by tbe supposed assignor. Tbe court in
which any such proceeding is instituted
must determine the question oi junsdic
The finding of the county court in favor
of its jurisdiction is affirmed.
Justices Magrader and Wilkins dissent,
the latter declaring, "in my opinion the
decision in this case gives the assignment
statute of this state the effect of an in
voluntary assignment law, and vests
county courts with the jurisdiction of in
voluntary insolvency tribunals. That
Silverman did not attempt or intend to
make an assignment under the statute,
and that the instrument executed by him
is not such an assignment on its face, is,
as I understand, conceded. It seems to
me clear that the statute contemplates
only a genera! assignment.
I find no authority in the statute or
elsewhere giving county courts of this
state jurisdiction to bring before them
debtors, who have made conveyances of
property to secure creditors, not purport'
ing or intending to be an assignment
under the statute, and either with, or
without extraneous evidence, to construe
such convevance into a general assign
ment for the benefit of all creditors of the
grantor, and thus compel him to surrender
his entire estate to oe aamimstereu upou
under the iurisdiction of such court; in
other words, to force him into insolvency."
Xx'nrsion Bates far Jaly 4, 1891.
TTnr Fnnrth nf JuTv the C... M. A St. P.
railway will sell excursion tickets for one
fare and one-third for the round trip
Tir.keta on sale July 3 and 4. Eood to re
turn until July 6. No extension of time
will he trranted. E. D.W. Holmes.
What is more attractive than a pretty
face with a fresh, bright complexion? For
It, use Pozzoni's Powder.
Lothar Harm' Kxeiiajare Retanrait
aad Hammer) Pavilion.
In keeping with the spirit of im
provement which is noticeable every
where in tbe . city, Lothar H arms has
been making some very noticeable and
extensive changes in his exchange and
restaurant at the corner of Eighteenth
street and F.rst avenue. The most elab
orate and modern design of bar fixtures
have been put in, composed of antique
oak, with beveled glass mirrors, wade
the bar proper is an elegant piece of f ur
niture with rich carvings and mahogany
top. Tables and chairs proportionately
elegant have been provided, these to
gether with a magnificent new billiard
table being furnished by the Brunswick
Balke company. Theceilings and walls
have been nicely and tastefully repp-
ered, the wainscoating grained and
varnished in keeping with the
bar . fixtures, while an opening
has beta cut through and swinging doors
provided from the bar room into the wine
rooms, off from which is the billiard room
which is connected with the bar room by
an arched passageway, and off to the
south of it are more wins rooms, which
like the others, are handsomely furnUhed.
Then oS to tbe west of the billiard room
is a large and commodious room neatly
furnished for private parties. Each
room is connected with the bar room by
Mr. -Harms has a'.so overhauled his
summer garden and pavilion and placed
it in a first class condition in all pirticu
lars. Beautiful flowers, foliage and
shrubbery add to its attractiveness and
give it the air of a summer like refresh
ing pavilion. It is nicely arranged for
parties of ladies and gentlemen.
Mr. Harms has also put in a new stock
of imported goods, including French,
German and Swedish ales, champagnes
and other liquors, the best brands brought
Mr. Harms, in a word, is now ready to
receive and entertain his friends in royal
and first class style.
The S-hooI Illerti in.
One week from tomorrow occurs the
election for a member of the board of
ducation. Tbe mayor has designated
three voting places: First and Second
wards, Phoenix hose house, Third, Fourth
and Fifth wards, Dauber's old black
smith shop; Sixth and Seventh wards.
Cable hose house. Heretofore at all sim
ilar elections there has been only one
polling place, and the increase in number
will somewhat relieve the inconvenience
people living at either end of the city
have been subiected to in the past The
greatest objection to the old system.
however, was at the amount of fraudu
lent voting whici it wis possible 13 in
dulge in, rather than the distance people
were compelled to go to cast their billots.
No registration being repaired, non-res
identi and transients have been allowed
the same prerogative as that extended to
our own cit zees and taxpayers. And
in some instances it is claimed that the
will of tbe majority of bona fide citizens
has been thwarted by the means of ille
gal and unprincipled voters.
It was for the purpose of
since log the sitne site'Uira
school as municipal and other,
tions, that The Argcs some time
agitated the subject of more polling
pi ace 3 at the coming election. While
the question of convenience was one of
the desired ends, the ereit and underly
ing principle was the purity of the ballot.
This last object the mayor failed to pro
mote in the least, although in tbe former
he made a slight advancement.
Up to within a week tbe question of
candidates has been very little discussed,
although W. B. Ferguson's candidacy
was announced rereral weeks ago. Of
course various gentlemen have been sug
gested, but no tangible expression has
resulted from these opinions. There is a
prevailing sentiment, however, in favor
of a west-end member, and it is very
likely that this growing desire will cul
minate in a fully defined candidate before
the week elapses.from that section. The
name of ex-Mayor Carse is used with a
freedom that suggests be is tbe gentleman
upon whom the honor would be willing
ingly conferred, but Lis absence from the
city has necessarily restrained his friends
from presenting his name
Complaint has been justly made of the
practice which is observed in many local
ities of the city, especially in some of the
paved districts of leaving rubbish in the
streets in front of repaired buildings, etc.
This not only disfigures the appearance
of streets, but often obstructions are left
which involve danger.
Another cause for complaint in this re
gard is the plan adopted by tbe telephone
company in disposing of abandoned
poles which, instead of removing the
same completely, is to chop them o5 a
foot from the ground, thas leaving an
The pole at the northwest corner of
Second avenue and Tenth street has been
the subject of a good deal of annoyance
to Inspector Lloyd of the pavement he
cause it stands directly in the way of the
curbing on the established line, and should
be moved back a couple of feet. The
pole is used jointly by the electric rail
way and electric light companies, and
both have been notified to move it, and
both have promised to do so. This
morning Inspector Lloyd stated that if
the pole was not moved by 8 o'clock to
morrow morning it would be cat down
The stage of the water was 2.6)
The F. C. A. Denktnann brought down
16 strings of logs.
The Sidney is expected up on Wed
nesday, and the Mary Morton is expect.'d
down the eime day.
The Conger carries an excursion in
charge of the choir of the Swedish Lutta
eran church of Moliae down the river on
The Libbie Conger will bring up an ex
cursion from Muscatine tomorrow under
the auspices of tbe German Lutheran
church of that city.
The excursion given by the Phoenix
Hose company to Muscatine yesterday on
tbe Libbie Conger was well patronized,
there being about 600 on board.
The Reindeer, B. Hershey and Verne
Swain came down, and the Stillwater,
Louisville, Inverness, F. C. A. Decks
mann and Verne Swain passed up.
Frederick Weyerhauser is making an
experiment in the matter of rafting logs,
which if successful will involve great
saving of time as well as facilitate the
handling of logs from the pineries. It is
the bringing down of double deck rafts.
That is the placing of at least as many as
a thiid of a raft on tbe logs of tbe ordinary
raft, using for this purpose logs eight to
12 inches in diameter. The F. C. A.
Denkmann brought down one of these
deuble deckers yesterday and the Still
water came in with one this morning,
while the C. J Caffrey is underway with
a similar one. Ordinarily a raft draws
20 inches of wter, while one of these
doubles draw9 three feet, and hence the
possibility of difficulty in towing them in
We offer $100 reward for any case of
catarrh that cannot be cured by taking
Hull's Catarrh Cure.
F. J. Ohexet & Co., Props..
We, the undersigned, nave known F.
J. Cheney for the last 15 years, and be-i
lieve him perfectly honorable in all busi
ness transactions, and financially able to
carry out any obligations made by their
West & Trnax, Wholesale Druggist, To
Walding, Rinnan fc Marvin, Whole
sale Druggists, Toledo, O.
Hall's C;ilrrh Cure is taken internally,
acting directly upon the b!ood and mu
cous surfaces of the system. Price 75c
per bottle. Sold by all druggists.
The undersigned o3tr for sale their
property known as the mill store prop
erty, consisting of one store building, one
double tenement and one single tenement,
all situated on lots two and three, block
31. Chicago or lower addition to the city
of Kock Island, together with their stock
of goods consisting of such articles as are
usually carried in a general store, con
tained in said store building.
Weteehauser & Dexkmanx.
Lota For Bala
In Huber & Peetz' addition to the cit7 of
Rock Island, being the late Bailey Dav
enport's homestead, nicely and centrally
located, within five blocks of the post-
office. Title perfect. Terms liberal.
For particulars apply to the undersigned
at the People's National bank or on the
premises. John Peetz.
- -rjZ ZO
FOR SALE BY DAVID DON.
AT ELM BTKEST GA.BDENP,
THURSDAY, JUNE 25, 1891
At 6 p.m. given bj
Prof. Otto's Military Band,
Etreot Cars directt o Qa den .
i'z z-? 3 hn
: ? O-n Tl W
We place on sale Monday a. m. June
22d-, a choice lot of plain
Assorted torices. best selline coods
in the market today.
We quote them at 9c, 12c, 14c, 18c.
20c, 22c, 24c and 25c, all much under
value and 'just what you will be looking
for, and will be hard to find in as good
value as we will offer this week.
We shall open another lot of
Black Silk Mitts
this week which will strike you as the
greatest of leaders- In great demand;
every pair a bargain-
FREE 5 yard? beet f oft finished cambric lining one rpooi of 'Beldin? Bro ' heft opool 5r
nd two f pro's of Beldicff's bst bntton taule twist. What el bp run wa do Do von want the earth! if
not, come tbie week and boy a dress and get jour
1713. 1714. 1716. 1713. 1720 and 1722 Secoud Avbkck.
-IN THIS LITTLE MACHINE-
are combined all tha latest improvements for similar Machines,
b-oilding it upon the most improved mechanical principles
to insure speed, comfort and durability.
II yon in ink of buying a machine it will pay yon to come and eee ua. r
THE FAIR. 1705 Second Avenue.
ITe Set Mm, Lei Ota Follow ifthey Cai
KANN & HTJCKSTAEDT,
No. 1S11 and 1S13 Second avenue,
Offer to the Public the most brilliant line of the season in
Lounges and Couches.
Centre, Library axd
T. H. THOMAS,
Elegant Soda Water,
All Flavors, Ice Cream, Orange, Phosphate, Moxie, Mead,
Malt, Etc. Also a fine line of
IMPORTED and DOMESTIC
Prescriptions a Specialty.
H For Everybody.
Call in and be convinced thafc
yon can save money by trading
Central Shoe Store,
1818 Second Ayenue.
Free for 6 Days
Yes, all this week, from Mondr
until closing on Saturday night.
Tt is now rie'arlv Jnlv 1 St.. and as we
look around we una tne sneives in 1
department are too fulL We know jusfc
how it occurred. We were Tatter -thusiasti
early in the season and orar
Easy enough, to se it- Now don't
rather please you? We admit the l&agta.
is on us.- We" don't intend asking aigr
of our friends- to share our loss. We
take oar own medicine-
To any customer buying a dress pat
tern during this week, remember (six
days only) amounting to $2 50 orovw
we will present.
Parlor Tables, Etc.
2s Btzee Store,
2929 Fifth Ayenue.