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Omaha daily bee. (Omaha [Neb.]) 187?-1922, January 31, 1892, Part Two, Image 12

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12 THE OMAHA BEE : SUIS'PAY , JANUARY 31 , -SIXTEEN ! ) PAGES.
BELONGS TO THE CITY
Omaha's Claim to a Million Dollars' Worth
of Valuable Land.
THE RAILROAD INTERESTS INVOLVED
Property Originally GSvon aa a Bonus to the
Union 1'acSfio.
VALIDITY OF THE ACTION QUESTIONED
Obiof Condition of the Deal Kondcrod In
operative By the Supreme Court.
THE MISSOURI WORKING FOR OMAHA
Ujr the IM\T of Accretions the City Now
Ha * nn IiiillDpiituliln Clnlm to UlRhty
Acre * of Vikliiuhlo Trackngo ntul
Miiiiufiicturliif ; 1'roportjr.
Wnllo the public spirited citlzons of Otna-
Aa nro unpaged In solving tlio problem of how
the Interests of the city niny bo beat ad
vanced ; how union depots may bo construct-
td ; how factories may bo secured and how
additional railroad lines tuav bo brouuht Into
the metropolis of the west , few , If any , real-
Uo that at the prescnt-tlmo there Is within
the city limits raoro than $1,500,000 worth of
real estate that Is claimed by other parties ,
which m reality belongs to the city.
UnrlyTownSlto Linos.
As early ns IS53 the Council Bluffs and
Nebraska Ferry company was orgaulicd un
der the laws of Iowa , Its charter to continue
for the porlou of twenty years. Enos Lowe
was electca president of tun company and a
boot wai put upon the river to ply between
Council Bluffs and the Nebraska shore.
The old town site , of 3'iO acres , extending
up and down the river for a mlle or more and
west to-Saundcrs street , was squatted upon
by residents of the city and parties who
wore In too employ of the ferry company.
The following yonr congress passed aa act
organizing tun territory of Nebraska. Dur
ing the month of July , 1855 , tbo town "sito
containing U'-'O acres was platted. Four
years later , In 1639 , tno lan-1 was put upon
tha market , entered und doomed to David D.
Ueiden , mayor , in trust for the citizens of
Omaha. By a resolution of the city council ,
tdontcd July 13 , Boldon as mayor was in-
l true ted to deed to nctunl residents the lots
K which they then occupied , and to offer all
remaining lots at public sale. Thosalowcs
made in conformity with the resolution and
Bonds passed to the highest bidders. A neat
turn was realized und passed into the city
treasury.
JleiHTVcd Certnin lllocks.
It Prior to this time , blocks L to Q inclusive , as
ihown upon the accompany Ing map , had been
reserved. They had not been offered to the
public , nor bad they teen claimed by any of
I the parties who had squatted upon the lands
In and about'tho city.
At that early date the Missouri river flowed
through wlml is now ICLOwn as Saratoga
I bend , through Cut-Oil lake and. almost duo
south past tbo high bluff m the 'roar of the
Omaha Milling company's buildine at the
east end of Clark street. Then it ran almost
duo south , the west bank being 400 to 509
foot.oast of the blocki of land mentioned.
The saino condition of the river is shown by
the maps of the government surveys of 1850
and 18SS.
1 IVhnt the Kurly Survey * Showed.
Tbo A. D. Jones map of Omaha , made m
,1854 , shows that the river intersected these
blocks at Nicholas street , cut out a portion of
block P and then Ilowed southeast without
touching block Q.
The Poppl > ju & Byora' map , made and
copyrighted in 1857 , and which was adopted
as tno official map of the city , shows the west
bank ot tbo river to have been from 400 to 500
feet cost of the blocKs heretofore mentioned.
It shows the river to have interjected Grnco
street at or about on tbo line of Sixth street ,
extended. From that point It flowed south
east , leaving a wide levee in front of all
the town site to a point as far south
BA Paclllo itreot. In nil of tbo council pro
ceedings ol the ' 30s the strip of land is re
ferred to as "tho levee , " and Is reserved for
the use of'steamboats and for tbo landing of
the boats of the Council Bluffs and Nebraska
Ferry company.
In iho changes that took plaro along the
river during the years from 1850 to 1870 , the
ferry reserve from Webster street to a point
as far south as Jackson street was entirely
wasbod awuy , but above Izard street , instead
of being eaten up by the river , it widened
out constantly and gradually , adding more
ana to the levee or river front.
During all of these years the strip of land
was used by the ferry and the steamboats
operating between St. Louis and the upper
waters of the Missouri. It was a landing for
all of the boats and was ouo of the buJiost
places in the city between the months of
April and November each year.
I'lrnt Union 1'aclllo llunu * .
, Late In the ' 50s tbo Union Pacific Railroad
company conceived the idea of building a
railroad from Omaha to tbo Paclllo coast.
Omaha wai made the eastern terminus of the
proposed road. Before active operations
* were commenced , ofllcora of the company lin-
> portuncd the city for aid. Among other
things , the company wanted a bonus lu the
VMy of lands and city lots. Proposition
after proposition was suotnlttoa , until at last
the city agreed to donate a certain number
of blocks of city property , among them being
the blocks referred to In the accompanying
map und Known as L , M , N , O. P and Q. Thu
deed was u conditional ono , as a copy of tha
record found m Deed book P , page 181 , will
how.
Thn Duoil itnd ltd ( 'omlltloiu.
The deed Is as follows :
This Indenture , mndo the 7th day of Dec um
ber. A. ! > , . INU. between' the olty of Uniulm.
party of the IIrat part , und the Union I'uclUo
Itiillrnud company , purly of the second Hurt !
wltnoastHli Hint ,
\Vhrrunt. The city council of the city of
Omaliu luis thin < luy unsstiU and approved u
resolution In thu words following , to Hit :
Unsolved , ilytho olty council of thu olty ot
Cnnulm iluittuo nut y or of suld o > ty bo , arid he
U hereby mitliorUcilempowered and required
to make , uxuuule and nckmiwludita and de
liver lu tha Union 1'uullla ICullrond company a
deed of conveyance In fee simple of the fol-
lovrhiK dosvrlbeil Dlect'i. or purvols of land , slt-
UHto in the county of Dounlus. und territory
of Nebrabkn. to wll :
lllocks I * M , N , O. 1' und Q. In said city of
Omaha , us duslKiiutod aa tha lltho-
Kruphfd map thuioof , made and pub
lished by t'uppletou fi lijrors. suli
courayuiu'o to contain a proviso that in ciue
the ouateru terminus of tlio Union I'uelUo
Kallroad coin puny , on the Mltiouri river sliul !
not lie hio.ted und continued within ono and
ono-fourth miles of Kaitmui atroot , In siik
city of Uiimlm , then and In thut case the
nrcnmca hereby convuyixl Mmll revert anc
bfcoino reinvented In thu siild olty.
Therefore , In consideration of the promUi-s
and Uie ( uiu of $1 , to the fauld party of the
flmt part , In hand puld by I ho suid puly ol
the uccoml part , iho receipt wlicroof Is uo-
luiowlodccd , iho ald purly of the first purl
liuth cruntud , bar ulned , sold , conveyed nnil
continued , und by these present ! doth grant ,
borpuln , tell , oonvey unit conllrni unto the
aid purty of thu second part. Its successort
and ( .align * forever , ull tlioto certain pieces or
imrceli of land , situated In the county o
> oulna und territory ot Nebraska , and Ue-
tpribed us follows , to wit ;
lllocks UM.N. O , 1' and O.lu Bald city of
Omnhu. as doslgnatod on the lltliosruphed
map niuclo thereof , mudo und publUhcd by
1'opululoii & llymu. together with the upuur-
touiiucea , uiito the suld , party of th itjcoui
tart , tti tuocrsftor * and asvlgnt fornvor. And
Jio said party of the Jlrst part aoth hereby
covenant nncl njtroo with the said party ot
ho second part. Us MICCCMOM nnil nstlRtiH ,
hat It I * lawfully seized of suld promliot :
that It Inn seed r IK lit and lawful authority
o soil the Bnine and thnt It will warrant and
lofcnd the tltlo to tbo same , aunlnst all per
son * claiming by. thrmifth or under It.
Provided , however , thut In cine the custom
criiilniis of the Union I'nulilc rallniad on the
Missouri river Miull not bo located nnd con-
Inucd within ono nnd one-fourth mlle of
'arnam street. In s ltd city ol Uniulm , then In
thut CUED , the premises us norouy conveyoU
shnll rovorl to and bticomo reinvested in the
said city. , .
In witness whereof , the mayor of the city of
Umuha , the party of the llrst part , hus here
unto suthlei hand and CIUISK ! tlio name to ho
ittestbd by the city olorU ofsAhl city with Its
corporate soul. II. 1 U. KKNNRIIV ,
Miiyorof tliotHty of Omaha.
Attest : nTiiiiK Ur.Kn. t'lty Olork.
In prcsencoof \ \ Illhim K. llnrvpy ,
United Situtcs Internal revenue stitinp.
ISKAU ]
Deed to tha HIitlit-iiMViiy.
The deed of right-of-way over the levee is
cgually Interesting , and u aj follows :
This Incfenturo mudo the 7th day of Uoccm-
> cr. In the year of our I.nrd ono thnu : tn < l
L'lcht hundred nnd sixtythtcc , botwuou the
city of Oinnhii. In the territory of Nebraska ,
of thu first part , ami Iho Union 1'ivclDo rail
road ciimtinny of tlm second parti
\Mtncsseth us follows , iininoly : That
whereas itt u meeting of the city couiu-ll of
H'lld city hold th sd.iy. the following rcsnlu-
, ! on wus D"isoJ ! and adopted by said counull ,
Whoronii , The Union 1'acinc Railroad com
pany U desirous of obtaining the rlsht-of-wuy
over nil that certain p pco or uaroul of Inn I
.situated In the city of Otimlin. In tlm turr.tory
ot Nebr.iskii , lyniK nlonir the hunk of the Mis
souri river , nnd designated on the lltho-
; ra plied pint ot s.ilil city , mudo and published
) v I'opploton & liyors. us luvee , for tliopur-
pose ot constructing und miiliitniiiliiK and
iporntlng three or moro tracks of said rail
road over tno same , with the requisite sldo-
truelis , turnouts , ( .wltuhcs , wiitrr stiitloua ,
warehouses und npiiitrtcntncos , nnd what
ever else may be requisite nnd necessary to
the operation , muliitvtiiince mid seourlty ot
.said rallro.icl. Its property an1 business ; Mini
Whereas , The k-rantof aucli rk-hts undprlv-
lloscstosald company will hoof great benollt
nnd udvuntngo to suld city , no lonfc us the
Rama shall bo used by suld company ; thero-
_ . _ _ _ . Ily tlio olty council of the city of
Oiiiiiliu , thut the mayor of said city bo nnd ho
Is hereby nutliorlred , empowered und ro-
iiuliod to tiiiikc. execute und deliver to the
bald Union P.iclllo Uallrond company , tholr
successors , asshrncci mid grantees. In nccord-
unco with tlio charter of suld city ,
nnd the ordinances thoreof. In such cnsos
'mndo nnd provided a dco I ot Kraut of said
olty nmUlho corporate uulhorlly thereof , ot
the rlght-of-wiiy over , upon und through the
said premiseswith iho frou und uninterrupted
liberty nnd privilege nf laying out , locating
und constructing , nialnlnlnliig. operating ,
furnishing und enjoyIng three or moro tracks
ot mild rnllrond over the sumo , with the
requisite sldo trucks , swltohos. water stations ,
warehouses , wharves and appurtenances anil
whatsoever else may bo requisite anil neces
sary for the locution , construction , operation ,
maintenance , enjoyment nnd security of HI Id
railroad nnd It ? nppurlonuncos nnd business ,
with free Ingress , ogress and icgross upon ,
through nnd over the same , to nnd for iho
said company , , ts successors , assignees ,
grantees , teniints , scrviints. occupies anil pus-
KOssnrs. Its property , trains , passenger and
freight , so long as thu sumo shall ha used and
occupied und enjoyed for that purpo.so by the
said company , its grantees , successors nnd
assignees. And further ,
Krsolvod , that thu rights and privileges
hereby granted shall not bo so construed us to
conlllctwith or Impair nny prlvlloiu heio-
toforo granted to any person or persons , or
bodies po.ltlo or corporate , whaisoover , li. or
to thu aforesaid grounds ; that suitable cro -
ftliiBi ) sh ; li ho made and provided by said
company at nil oublle. Htrools crosiod by anr
of the said railroad track * which ts necessary
for the public to use to oiiublo It
to ruacch the steamboat nnd ferry
bindings , so ns not to obstruct
truvol to or from Iho ferry orsteumbo.it land
ings , nnd that the right of the public to traVel
over and enjoy the said ground shall bo unim
paired only so fur nt the re isonabto o.iorolso
of the pr.vi exes hereby granted sha.l abridge
the same , anil that the substance of tbls last
resolution bo Incorporated In sild grant by
way of limitation of the privileges of suld com
pany.
i\uw , therefore. In consideration of the
promisesiihd the sum of $1 , lawful inonov of
the United States , unto the said party of the
llrst part , well nnd truly mailobyiho said
party of the second part , nt nnd bcforo the
unsealing and delivery hereof , the receipt
whereof Is hereby acknowledged , the said party
of the tlrstpnrs hath granted , bargained nnd
sold , und by these presents doth grunt , bar
gain und Bull unto tno said purly of the second
Dirt , Its grantous , successors mid assigns the
right-of-way ovor. upon nnd ihrouzh nil that
cortnl'i piece or parcel of lund situate In iho
city of Onialm nnd territory of Nebraska.
Ivlng along tliu b ink of the Missouri river and
designated on the lllhojraphcJ plat nf bald
city , and published bv I'npp.oton at Byors us
lovco , from the northern to tnosoiitlinin cor-
puratu limits of said olty , with the free and
nnlnlerriiplca liberty .mil urlvilo'o of liiylu , '
out. louallng , constructing , m iliitnlnuig ,
nperatlng. furnishing and enjoying three or
moro tracks of sald ra Iroud , ever and upon
the sumo , with the requisite s.dC-
tracks , Hwltches , water stations , ware
houses. whurvcH and nppcrlununccs , und
whatever olsu may bu requisite uud necessary
for the location. cotmruutlon. operation ,
maintenance , enjoyment und security of said
railroad and Its business , with free iiuruss ,
cgiess and regress upon , through nndovorlhe
sunnto and for the said party of the second
purl. Its grantees , successors and assUns ,
tenants , servants , oocnpeos nnd possessors ,
Its property , trains , passengers and freight.
To have und to hold ull und singular thu said
rlchti und privileges aforesaid , unto the said
party of the second part , its grantees , succes
sors und assigns , so long as the sumo ehail bo
used , occupied und enjoyed fur the purposes
aforesaid , L'y the sum parly of the second
part. Its grantees , successors und assigns.
Provided , however , that the rights
and privileges hereby granted shall not bo so
construed ns to court.et with , or impair uny
privileges heretofore-granted lo uny person
or persons or bodies politic , or coporato what
ever. In or to the said mound ; uud ;
Provided further , that suitable ! eros-iln.-s
sli'ill b provided by the said party of the
second part ut nil public streets crossed by
any ot the said railroad trucks which It Is nco-
essary for tlie public to use to enable It to
roach the ferry nnd steamboat , landings , an I ;
Provided further , that thu right of thu pub
lic to truvol ever and enjoy thuaalil promises
xhall bollnpalru I only so far as iho reason
able o.\cro8i ! > of the privileges hereby granted
shall abridge the samo.
In witness whereof Iho mayor of said city of
Omaliu , the suld party of the llrst part , has
licieunio set his hand us such mayor und
caused the sarco to ho attested by thu city
clerk of the city with Its corporate se.u.
II. E. It. KKNNRUV.
Mayor of tlitxelty of Urn tha.
.Attest IlvuiiN UKKD , Olty C'lcrk.
In presence of Gourgu II. Lake. ( .sKAi.J
United S.tates lovcnuo stamp $3.
How the Title Wiu Obtained.
The manner in which the Union Pacific
railroad company obtained from tbo city Its
alleged tltlo to blocks LJ , M. N , O , P and Q ,
and tb' ) rlytit of way ever the Idvco Is bcsc
txplalnctl by the council journal of Novem
ber and December , 1HU3.
At that lime the council was composed of
six members , Goorca B. Luke , S. J. Good
rich , D. C. Sutptioti , Henry Grebe , John
Campbell and John 11. Kulloiu , with U. K , U.
Kennedy mayor ana prcsidlug oillcor.
At the acasiou held November 'M. ISIVt ,
Mayor Koutisdy. Aldermen Campbell , Good
rich , Lalco and Kollom wuro present.
} } .v permission Messrs. Dyu , llaiibcom. Mo-
'ConulcU , Mills , Taylor nnd Kouiilzo were
nllowed to address the mooting ; upon tboqucs *
tlon of doccllnfT to the Union Pacillu railroad
company tbu rlnht-of-way ever the levee and
tbo blocks of land heretofore mentioned.
After a lengthy discussion thu matter was
referred to tbo judiciary commlitoo.of which
Judge Lake was chairman , with instructions
to report at tbo next regular incutlng to beheld
hold December 2,18C3.
At the next meellnir there wns not a quo
rum of the uluorinou present und
the council u'.ijourtiea to moot De
cember 7. When the ndjourn'id
meeting was hold , It was attended by Messrs ,
Campbell , Goodrich , Luke , Kollom and
Mayor Kennedy.
Alderman Lake , chairman of the committee -
too on Judiciary , reported back two rosolu *
tlous , which are embodied in the deeds to the
Union Paclllo llallnnd company , copies of
which are published in another place In this
article.
Alderman Goodrich moved tbo adoption of
tbo resolutions , and upon roll-call all of tha
uietnburt voted "nyo. "
Went Through \vlth n Ituili.
Just what influences were brought , to bear
upon the couuclt to luduco its members to act
with such treat has to is not known at the
present time. Twonty-nino years have
passnd awuy , dimming the recollections of
the men \vho attended the council mooting.
The meeting , however , was ODD at which
buslursa WM not allowed to liir or linger by
the wayside.
At that mooting , bold on the evening of
December 7 , ISM. iho report ol the commit
tee on judiciary was received anil adopted ,
'i'ho ' deeds to the land belore referred to
were executed , sealed and signed , to at once
bo luruud over to the keeping of the rnllrond
company.
Tbo records show all of this , and they rho
show that the business WHS transacted utono
sitting of the council , ut u mojilic
In at was bold pursuant to an adjourn
ment taVou at a time when less
than quorum of the members were present
to vote upon iho proposition to adjourn.
Olnlm tlio A'otlnn wnn Iltngiit.
Parties who hove looltod Into the mnltor
stake thotr reputation that all of the business
transacted at the mooting of the city council
hold on the evening of December 7 , 13(53 ( , was
Illegal nnd void. They hold that tliero never
was a rule adopted by which loss than a
quorum of n legislative body con let adjourn tea
a stated ditto.
The records of the city show the facts.
They show them approved by the proildcnt
and attested by the clerk. They show that
the committee on Judiciary was Instructed to
report upon a certain matter at nstutea time ;
that when that tltno came , which was n regu
lar mooting of the city counull , losu than n
quorum of the members were in attendance.
Notwithstanding tnat fact iho council was
called to order nnd the body adjourned to a
staled time. Not a word appears In the
records to show that a call for n special meet *
ing WM lisueJ. It was simply n motion to
adjourn. At that ndjotirnod mooting the busl-
uossVMS transacted.
Acting under the authority granted by the
deeds wnich were ordered nt the illegal moot
ing-of tha Omaha city council , the Union
Pacific Katlroad company took possession
of the whole river front , but did it llvo up to
the terms of the doodt
Violated Terms of the Deed ,
Tbo docd provided In clear and unmhtak-
able terms tbat when the railroad company
failed to maintain Its custom terminus wit bin
ono nna one-fourth tnllrs of Farnnm street ,
then the property , especially blocks L , M , N ,
O , P and Q should rovortJto and bcoomu the
property of the city of Omaha. To out
long story short , the eastern terminus of the
road did not remain ut the point agreed upon ,
but wont to tha Transfer , at or near Spoon
Lake , Iowa , and three miles from the eastern
terminus of Farnatn stroou The location
wa * settled by a decision ot iho United
States supreme court.
DeclMou of the .Supreme Court.
The decision in that case concludes as fol
lows :
"It has boon argued , however , tbat the
"And the UnTotT Acldo railroad company
tioo hereby covenant with the City \Vater
Works company that It , ha * dona nothing
whereby the tl | o to said premises can bo
annulled. " f\
V ftl tot\vKtfr Work * 1'iirposes.
This deed of ronvevanco wan nccoplod by
the water works company rnd iho work of
ostnbllihlnc Its down to.vn pumping station
wa coiumcne ir The niunplng house wa >
located upon the levee which wn * owned by
tha city and over ( Which the Union 1'aclllo
had tlio rlght-bf > wny. Two settling basins
were placed upon the block purchased tram
the nulroadii. As the city grow , tholr ca
pacity became too small to meet the publlo
demand for wat or-ntnl another basin was lo *
cntod , Uili one on Cuinlng street between
Seventh nnd Eighth.
The real estate boom of the early ' 80s fol
lowed nnd again the water works company
found Itself unable to supply the public , ow
ing to the lack of reservoir capacity. Tno
company could not got- down onto
block 823 , the ono directly south
of tbd basin locntod In Uumlu ? street. In
casting nbnut for moro cround It attempted
to purchase block P , but that was not for
s.alo. However , it .was for rout. A bargain
was soon struck with the railroad company ,
by which the block was loasad to the water
works company for a long term ot years ut
un annual rental of (5'JO.
Upon the execution of tha lease covering
block P , the water works company com-
mouccd excavating nnd soon had tbo whole
of the block , toguthor with Nicholas nnd
Izard streets , bctwaon Seventh and Eighth ,
covcrod with settling basins.
Took Illg nautili * from tha Property.
For ton yours the water works company
has occupied the block , together with the
tlri-ots , und during that tlma It has paid into
t.ho treasury of the Union Pacltlo company ns
rental , thu sum of S."il,009 , which , under the
reversion olnuso In the deed originally made
to the Union Pacific road bv Mayor Ken
nedy , should have been paid into tbo city
treasury ot the city of Omaha.
Torim or the Hlght-of-Wiiy Uneil ,
The question has boon a > ked , "Did the
the city to a point oppotlto the foot of Far-
nam street ,
Alnilo by the Hirer's
At this titno the nock of the horao shoo
win fully two miles in width. In 1851 , when
the next survey was mndo Iho river had
slowly crept In , cutting oft n portion of the
neck ot the horsa shoo , nnd nddlnt ; n narrow
strip of land to the Icvoo or rlror front oppo
site the city of Omaha.
Another survey WM rmido In 1850 , showing
that tbo levee had Increased to sotno extant ,
so much so that that portion of section four
teen , township lifloon , range thirteen , lying
between blocks L , M , N ami O was platted
as government lot two , containing thirty-two
ncros. That portion of the section lying bo-
twocu the meander line of the river and
blocks P , Q and 323 VIM known ns govern *
monl lot three and oontntnott li.i0 acres.
Subsequent surveys were made In 1SIIS and
1S75 and the plats anil field poles of o.ich
show that tha uock of the great , horseshoe
had gradually become narrower until nt lu
lower end It had a width of less than 103 feet ,
The Properly drew Itupldly.
All of Iho time that had Intervened between -
twoen the years 1851 and 1877 accretions had
boon forming along thq rlvor front opposite
the north end ot the oltv. until there wan a
high dry bar nearly three-quarters of n inilo
lu width , covered with a growth of willows
and underbrush.
During the Ulph waUjr'of 1877 the rlvor out
through the lower end of the the uock of the
horseshoe ntul dropped into tha channel that
It now occupies. This change toft a valuable
tract of laud between tbo old river hod and
the corporate limits ot the city , but It wus
circfully watched , and Instead of bclnt ;
inkon poscsslou of by the city of Omhha , tinder -
dor the provisions of the laws of accretion ,
It was squatted upon by parties who were in-
taroslbd in the old Council Bluffs and
Nebraska Ferry company , which was In
corporated in 1S53 and authorized to exist
for the term of twenty years from that dato.
Took 1'oMpAilnn of the Accretions ,
William drown , who for many years was
the owner of the Lone Tree ferry , nnd nftor-
brldgo is not a part of section 10 , cast of
and opposite to which , on the west
ern boundary of Iowa , the president
fixed the terminus. It Is , however , the only
bridge tbat the company has extending Its
road to the western boundary of Iowa ; and
clearly it has no authority to build uny other.
True , it is not opposite section 10 ; but the
company has taltou up Its road from that sec
tion , and now It comes to the river where
the bridge is actually constructed. Having
abandoned 1U road , so far as It extended
above that point ; having commenced its
bridge where it is ; having applied to con
gress for power to mortgage It and for spe
cial power to levy tolls and charges for the
use of It ; nnd havinc obtained these powers
it is not at liberty now to assert , that it has
located its bridga ut the. wrong place.
"To bold that thu briilgoisnot a part of the
road would defeat the plain object congrois
had in view in 131)'an ) J hi 18IH a continuous
line for connections with Iowa roads. It
would bo allowing tbo connection to bn made
In Nebraska Instead of in the western boun
dary of Iowa , when the act of Ih71 expressly
declared thut nothing therein should bo con
strued as to chuuyi ! the eastern terminus of
the Union Puclllu railroad Irom the plneo
where It was then fixed by existluclaws.
"Holding then , ns wo do , that the lognl terminus -
minus of tbu railroad U fixed by law on the
Iowa shore of the river , and that ttio.brldgo
Is u part of the railroad , tliero can bn no
doubt , that the company is under obligations
to oporalo ulid run * the wl'olo' ' road , including
the bridge , as ouo connected and continuous
lino.
lino."What this means Is not dlfllcult to un
derstand. It Is n requisition mndo for the
convenience of the public. An arrangement
such us the company has made , by which
freight nnd passengers destined for or be
yond the eastern terminus are stopped two
or tbroo miles from it nnd transferred to an
other tralp , nnd ngain transferred at the ter
minus , or by whlcli trul ht and passengers
going west from the eastern end of the line
must be transferred at Omaha , bivaki the
road into two Hues and plainly is. Inconsistent
with continuous operation of It as a whole.
The mandamus awarded in Hire case , therefore -
fore , imposes no duty bo > end what tbo inw
requires.
"For these reasons wo think the circuit
court did not err in holding that Hall and
Morse were competent to npply for tbo writ
In this naso.
"Tbo ( iocroo of the circuit odurt is af
firmed. "
Komovi'd thu lOnitern Terminus.
Following clo uly upon the heels of this
decision of the supreme court came a notice
from the president of the United States or
dering a removal of the ( usteru terminus of
thu Union Pnuitlo railroad to the Iowa side of
the river.
The officials complied with tha terms of
the ordoi , und even wont boyon the Instruc
tions therein contained. Instead of removing
the torminnl point simply to the Iowa siiin of
the river , they located It inland noaily two
miles at u point now known as the ' Trans
fer , " Tliero It has remained up to the pres
ent date , but during all of tbo years that
have intervened the Union Pacific company
has retained possession of the blocks of oity
property , L to Q inclusive , notwithstanding
that the deed of conveyance uxprossly stated
that whenever the custom terminus of the
railroad WAS maintained at a point moro than
ono and ono-fourth miles from Farnom
street , then the property should revert to the
city.Not
Not only has the cotipany held possession
ot these 11 vo blocks , containing eight lots
each , which at a low estimate nro worth on
the aggregate , 1120,000 , but It also failed to
pay the tax03 , or a portion of thorn which
havu accrued during tbo past twnnty-niiio
years.
Sold I'urt of the 1'ropcrty.
Aside from this , It has sold and disposed of
ono of the blocks , the ono known as block Q ,
On September 7 , 18rO , Sidney Dillon , then
president of the Union Pacific company , and
Henry McFarland , Its secretary1 and treas
urer , sold the whole block to the Omaha City
U'atsr Works comuany , which bus since become
como the American Water Works
company. The docd which Is recorded
in Deed book 43 , on puga 83 , r.tiows
the consideration to bnvo been
$1,200 , but at that tltno it is probable that
Mr. Dltlnn had but little confidence in tlio
tltlo that hi * company held to this block and
thu olher * L , M , N , O and P , n % the records
show Iho deed to have been a carefully word
ed Instrument ,
Inntoaj of belucr a straight couvoyauco ,
after the uuual grunting clause , there uro In.
sorted lu the deed the following words :
, Union Pacifio railroad company comply with
I tbo terms of the right-of-way deed executed
by Alayor Kennedy ou December 7 , ISGUi"
Tlut dead provided tnut the railroad com
pany should construct and maintain tbreo or
moro slilo tracks upo'u thu tract or strip of
lund known ns lovec. iu front of the blocks
L. M. N , O , P , and Q.
Up to this ditto tbo coinpiny has dona
nothing of the kind , although it claims pos
session of the ground , and refuses to allow
other roads to outer thereon. Oao single
track enters unon the loven at the Inter
section of Cuming street. It runs almost
duo north , past the settling basins of the
water worus cotnpany to a point opposite
Nicholas street. There the track enters
upon block O and runs In a northwesterly
direction to the cantor of block N , whore a
switch hus been placed. From the switch
two trucks branch out , one running to the
northeast , nnd the other to the northwest ,
' both reaching sand pits in the street between
blocKs N and M.
There is ahothor track however , that the
railroad company claims helps it to comply
with the terms of the rignt-of-wuy deed.
This intersects the track that runs north
'upon tbo levee , at a point opposite
Izard street. From there it ex
tends In a northeasterly direction , entering
the possessions of the 'East Onmba
Lund company and extending to the fac
tories In thut manufacturing suburb. This
track , however , Is not owned entirely by the
Union Puclfio company , but was put down
by that company and thi ) Burlington road a
couple of years ago and Is kuown as a part
nership affair.
Should the City Tnku Possession ?
With this condition of affairs existing. In
connection with blocks L , M , N , O , P.nnd Q ,
what is there to prevent the ulty of Omaha
from declaring the deal botwoou the city and
the Union Pacific at an end and stopping iu
nnd lulling possession of tbo proparty under
the provisions of the reversion clause con
tained in iho deed executed Ducembor 7 ,
lbO.1l
There nro some parties who assort that the
statute ? of limitation Uavo run and that the
city has lost the opportunity of declaring iu
rlg'bts in the promises , The Ian boous , how
ever , vlow tha bubjoct. In a dlfT"rent light.
Any number of supreme court decisions are
rip lit in point with thU case , ana all of them
show thut the statutes of limitation never
run against a municipal corporation uny
moro than they do against a minor. Tno.v
show tbat a municipal uorooratlon stands in
thu sumo position as a minor. The olllcurs of
the municipality nro always elected at stated
intervals and for stilled terms , which ulways
keeps It lu ItVittUnoVity , ho fur us being
buried by the stritltC3 ' ' | of limitation uro con
cerned.
If ihls law Is gpotj , and all the writers of
text books ugroa that It Is , there is nothing
to permit the city from slopping Into court
any day for the pdrnoso of declaring the old
deed void uud of'/i < ji jorco and offoct.
Tlio I.aiuIluiHl IU Value ,
While there ar,0jjip ! doubt , many people In
Omaha who bava not soon this Innd , n word
tegardlng its contour might not bo out of
place , " ' "
All of tbo blocks find the leveoaro high and
dry , and well adapted for trackage or tbo
erection of warohyiwoi and factorial. They
liasomo twenty ( opt-above the rlvor at low
water mark and dru not only protected by a
heavy clay bank.but also by the system of
govomme'nt rip rnpthut'was put In two years
ago. v
eighty Acre * In ThU Deal.
Another question of much greater interest
to tbo cltv , is whether or not It will take pos
session ot the eighty acres of bottom land
that lies directly east of and adjoining the
blocks of land heretofore described aud tbo
atrip of land known at the lovco.
In 1S50 according to the government survey -
voy , the river fiovyad iu the. shape of an Im-
inenso borao-sh'oo , coming down through Its
present channel against tbo high bluffs on
iho Iowa side , north ot Council Bluffs , At
a point south of tbo Carter Whliu load
works It turned and flowed north , thence ,
west through Cut-Off Uko and tbenco south
ulniiir the Nebraska blufft from n point oppo
site Commercial street to about where Clark
now Intersect ! Tenth street. From tbat
paint It flowed In a southeasterly direction
to u point opposite ( iruco street. Then the
curve changed to a direction that was a
trifle west , and the flow was dlrectlv south ,
tbo channel hupilng the Nebraska shore
along the luvoe from the northern limits of
wards a stockholder in the Council Bluffs
nnd Nebraska Ferry company , took posses
sion of lot 1 in Iowa and lot S on the No-
draska shore , together with all of the accre
tions. Anarow McCown. another of the
parties In the old ferry company , took posses
sion of lot 3 with the accretions thereto.
Under squatters' titles these parties hold
possession of the lands until death , after
which their heirs held possession until they
passed Into the hands of J. M. Wonlwortb ,
trustee for tno Council Bluffs and Nebraska
Ferry company , which held a charter that
expired in 1873.
Itccpiit Deals With the Property.
The records In Council Blufts show thai
for the sum of $5H.0. ( on April 10 , 18UI , Frank
C. and John A. McCown , executors of the
ostatc of Andrew MeCown , deceased , con
voyed the whole of lot , together with the
accretions to Theodore Miller , who Is on em
ploye of the East Omaha land company.
Prior to this , and on December ID , 1688 ,
for the sum of $301) ) , the records show that
John II , C. Brown conveyed the same prop
erty to J. M. Woolworth , trustee. Again ,
on May 20 , 183'J , Emma McKonzte , Alex
ander Mclvenzio , Mary 11. Sorouson ,
Alfred Sorensen , Helen Van Camp ,
heirs of Ur. D , Brown , deceased , James Jaclc-
' son and wlfo convoyed tbo same property to
'J. M. Woolworth , trustee. Later on , und
on December 2S , IbS'J , C. II. Downs , who wus
a furry company squatter , convoyed the same
property to Woolworth , as trustee , the con-
sianrallon being $100.
Each deed was carefully drawn and great
care was used lo sou that they contained a
clause ns follows : "Extending to the low
water mark of tha said Missouri rlvor on the
Nebraska shdre , us shown bv the * survey of
ISM , with all accretions hero to formed lo Iho
sumo , and also any and all accretions formed
to any of the above described property.1
Thu Title I.uoks Comploteneds.
The chain of tltlo Is far from being complete -
ploto , ns tbero is nothing on tbo records of
either Douglas county , Nebraska , or Potta-
wattamio county , Iowa , showing that An
drew McCown , w. D. Brown , C. 11. Downs
or unv of the other parties who appear as
grantors over-obtained tltlo to any of the lots
or lauds from United States or nny other
parson. Tbo reoords show that the ferry
company hud n tract of land , which was
platted as Ferry addition to Counclll Bluffs.
But this tract , according to all of tbo sur
veyswas always on the Iowa sldo ot the
rivor.
Will ll Deeded ns N'cmlcil.
Whllo there U nothing that appears of rec
ord , there U an understanding botwoun the
Union Pacific lUllraad company , thu East
Omaha Laud company and the old fnrry com *
pany , thut those lands will bo deeded back
and forth , as any ouo of tha parties may do.
maud.
This statement hoi boon made by an official
of ouo of the companion , and to prove that. It
Is true a deed which Is now executed , but not
filed for record , bean evidence. Not long
ago tbo old forcy company deeded
to tha East Omaha Land company
north half of lot 3 , und in return the East
Omaha Land company deeded to tbo Council
Bluffs und Nebraska Ferry company the
south half of tha same lot. Both deeds , Uko
these tauen by Woolworth contained the
clause , "Extending to the low water mark
of the said Missouri river on the Nebraska
shore , a shown by the survey of I860 , witn
all accretion * hereafter formed to the same ,
and nUo any and all accretions formed to
any of the above described property. "
This evidently means but one thing , and
that Is , tbat tno throe companies lay claim to
all of thu rlvor front that belongs to the city
of Omaha.
How thu IJIIKI Wus Formed.
To show conclusively that the land along
the levee front and adjoining blocks L , M ,
N , O , P and Q were formed by accretion
and not by any tudden change in the ctian-
nel of the Missouri rrvcr , it Is only nrbossury
to peruio the testimony token In tbo East
Omaha case Vvblch is now before tbo supreme
promo court of the United States , and
known us the State of Nebraska agalnit the
Staio of Jovva.brought to settle the boundary
line between the two states.
The testimony was taken at Omaha last
summer , and occupied several weeks of
time.
The point at Usuo was whether tuo Und
had bucn formed by accretion , or wbothor It
had been added la largo tracts.
Tbo testimony of U. B , lluntio , John A.
Smiley , George Smith , J. A. Swobe , W. W.
Manb , Thomni Tostovln , John MoPhorson ,
A , D. Jones , Eugene L. Ware , C. F. Potter
nnd Theodora Miller , nil men woo had re-
stdrtd In Omaha from twenty-five to thirty-
fivoyears , was tnuen , Allot the witnesses
agreed upon the point that the cutting of the
river along the Nebraska shore had boon
slow nnd Imperceptible.
Thn testimony of County Surveyor Ooorgo
Smith ts given.
Surveyor Smith's Statement.
Ucorgo Smith , Aged CO years , cnllrd nnd
sworn. Ho toMlllcd that ho had resided In
Umnlm since IS.il ! nnd by occupation wus n
surveyor nnd ell' 1 onglnoor. Ho had mndo n
great many surveys of Douglas countv. Nob.
The rlvor between Omaha and Counull
Bluffs had boon under bis observation during
the period of bis rotldcnco In Omaha and ho
was familiar with Us traverslnirs nnd loca
tion. The changes sn the rlvor from 18V ) to
1877 were nil brought nboul by uurnsiou ntul
accretion. It worked Itself Into the slmpo of
nn Immouso crook or loon , four miles nrouiul
from the fair struluhl channel In which. It
ran from 1851 to 185D. In 1SSO witness subdivided -
divided into lots tuo whole of section U In
lown and found about eight rods washed
away from the line of the oriental survey
made In 1NM. On the abrasion side ot the
rlvor the ahoro was usually porpondtcular
from ten to fifteen foot high , owing to the
stntro of the wator. Accumulations nnd no-
crotlons were going on opposite to whcro the
abrading was occurring. The accumulations
nnd nbrusious differed In different yonrs , hut
there was n-conslnnt wearing off on the cur
rant sldo nnd n filling In on the other side.
The whole character of thu chungo wus stow
nnd gradual ns distinguished from a sudden
chnngo or cutoff. The river had not made
uny sudden changes of Its chnntinl outMdo of
banks or cut oft nny portions of land except
by ubrnslons. The filling wus innde up of n
deposit of the silt and sand that lloatci' in
the rlvor and settled when It got outside of
the rapid course of the channel.
Witness had made surveys of the land
formed ngalust the Nebraska shore for the
purpose of determining the available timber ,
and 'botweon 1850 nnd 1833 ho hnd noticed
that there had been a great deal of accretion.
Slnco ISM almost every yonr ho had been
upon the bottoms and had soon the lund form ,
although ho made no special measurements
to determine thu fact. The cutting away on
ouo sboro was cotemporancous with Iho
accretions on the opposite shore.
What Air , Smiley Known.
John A. Smiley bad rosldod In Omalin
slnco 1850. Ho was familiar with the Mis
souri rlvor in the vicinity of Council
Bluffs and Omaha. It was the rule
tbat . the Missouri rlvor cut on one
side and filled at a proportionate rate
on iho other. That was true In relation to
the great bend and hnd been for more than
thirty years. Tbo rlvor had cut the horse
shoe dowu lo a narrow nock and then out
through In 1SS7. The change in tbo course
of tbo river from wbcro it ran in 1850 to
where it ran in 1877 was not a sudden one ,
but was slow and gradual , every year cut
ting some on Ono sldo'and fllllnlr up on the
opposite slue. Some years the river would
not cut moro than ton feat , but in nineteen
years it wont from a mlle to a mlle and a
bait In some places. Witness was on the
new land once or twice onch year , and from
observations that bo made was willing testate
state that tbc accretion was gradual and Im
perceptible without measurement , but not ,
imperceptible to engineers who measured
tbo ground.
Law of Accretions.
Taking It for granted that the witnesses In
the Nobraska-Iowa case were correct in tholr
version ot the wearing away of the land In
the neck of the tiorseshoo , the land extend
ing to the water line on the west bank of tbo
river , where it flowed In 1877 prior to the cut
off , would belong to other * than tbo old ferry
company , as originally it held no land bo-
twcc-n the lovec and the west shore of tbo
river. Then tha question of who was the
owner of the accretions naturally follows.
The general luw , on accretion is as
follows : "Accretion U the increase
of real estate by the addition ' ot
portions of soil by gradual depositions
through the operation of natural causes , to
that already in possession of nn owner.
"Tho owner of land ou u stream has a right
to-all accretions thcrctocaused by the deposi
tion of alluvium thereon , without regard to
the question of whether sucb. accretions wrira
forinna solely by natural causes , or by such
causes Inllueuced by the artificial works of
others , and without regard to tbo question of
whether or not such stream is navigable. "
Oniuliu Owns thu I.und In Question.
There can bo no question but that the tltlo
to the original lovco remains In the city of
Omaha , notwithstanding the right-of-way-
deed held by tbc Union Puclfio company.
Again , with tbo rnversion clause that the
deeds to the blocks L , M , N , O , P nnd Q con
tained' , it is moro than probable that tbat
property also belongs to the city. Such bohig
iho case , the question of how tbo city shall
mensuro Its river front naturally arises.
The river has receded and a largo tract of
land has boon formed by accretion between
the old levee and the prosoit west bonk of
the stream.
If the law of accretion is good , then this
property stilt boloncs to the city of Omaha.
In measuring and ascertaining tbo now *
river frontage , the law upon the subject
rends nf follows :
"When a new shore is formed ay tha wear
ing away of the stream , the land of tbo now
sboro Is to bo divided between iho owners
entitled to it , according to the following rule :
Give to each owner a sbaro of the new sbaro
line In proportion to what they held In thu
old shore Una and complete the division of
tha land by running u line from boundry between
twoon tbo portions on the old sboro to the
point thus ascertained ou the now. "
Precedent Tor Hnmlin'ft Claims ,
Tbls question uroso In tbo case of Kolir vs
Snyder , reported In the 144 Illinois , pugo 313.
The case wont to the supreme court , where
tha decision of the lowur court was sus
tained.
In handing down his opinion the court
said : "A tract of land bordering on this
Mississippi wan divided into subdivisions or
lots , aad extending to tbo rlvor. Thaso lots
became the property of various owners.
Subsequently there were accretions along
the river front and In adjusting the matter
of such accretions amnnpr tha riparian own
ers , It was hold that tbo proper mode was to
measure tha on tire rlvor front as It was
found to bo when tha lots were laid out and
then note tbo aggregate number of feet front
age , as well as that of each lot ; then meas
ure a line as nearly as may bo with the middle -
dlo thread of so much of a stream us lies opposite
posito the liuo so measured ; tlion dlvldo the
thread line Into as many equal parts ns there
nro lineal foot IP the shore line , giving to
each property owner us rnauy of these parts
us his property measured in the shore line ;
and than complete the division by drawing
lines Dolwecn the points. "
Parallel Cunu III lown ,
Another case In point Is that of Cook vs
tha City of Burlington , reported in the ! IO
Iowa , page 1)1. ) Cook attempted to tuka pos
session ot a portion of the luveo under n right-
of-way deed from n railroad company. Tuo
court held ns follows : "Accretions to a strip
of laud In a city , along tbo river bank which
is reserved lor a public highwuy mid-other
publlo purposes , partakes of the sumo rela
tion as the original reservation ; and the city
holds title to it subject to tbo same uses nnd
conditions. Tbo city hus no rights , however ,
to inalio any unqualified disposition of It to u
railroad company , to botield and used as pri
vate property , but may grant iho right-of-
way over it to such railroad company.1'
f Vulun ol tlio Clty'H Property.
'Taking tbo Omaha possessions Into conaid.
oration to get the exact oroa of the land
formed by accretion , and which under tbo
general law would become the property of the
city of Omaha , It is necessary to find the
river frontage tuut iho city originally hold ,
From the south sldn of Cuming street , be
tween blocks Q uud 328 , the distance to the
north line of block L Is abouiU,700 feet. Uun
a thread line up thu channel of Iho river the
sums distance and a trlauglo Is formed as
shown in the accompanying map. Then be
ginning with blocK L und bringing the lines
down to tbo rlvor will form a tract of land of
a trlflo more than eighty acres , A largo
portion of this land Is within
ilia ono mlle limit und if placed upon the
market would bo worth & ) ,000 to f 12.000 per
aero for warehouse and hutluois purposes ,
Tbo alleged owners who are trying to bold
on and claim posnesiion declare that thn
statutes of limitation have run and tbat the
city has lost all power of securing relief. In
tula tbo courts differ with the allowed owners ,
as tltno nnd again cases have boon decided ,
proving conclusively tbat the statutes uevcr
ruu against municipal corporations.
llovr thu Property Could He ITucil ,
Should tbo city dccldn to reclaim this laud
togatbiir with tha original lovoa end tbo
blocks L , M , N. O , P nnd Q , which In the
aggregate would equal 100 acres , the next
tbf.t arliai U , of what use could it
bo put to bo ot n benefit In the upbuilding of
Orrmlm.
Every ncro of the vnst tract Is ns level ns a
floor , hljh above the water of the river nnd
unequalled for depot grounds , tracitr.go or
warehouse purposes.
With tbo brldgo built over the rlvOr M
East Omaha , this city would bo in n position >
to extend n hand of welcome to nil the oiUf
nru roads without risking nny favors ot the
Union Pnclllo or the Burlington company.
The city could not only afford to donnto
frolcht nnd pnssongcr depot grounds , but it
could plvo half a doron companies nmplo
{ rounds for trackage nnd tormltml facilities
besides having ncros toft to donnto to facto
ries nnd mntiufacturing enterprises seeking
n western location.
I'lorliln nnilSouthrmt. .
Dtxio Fiver Sleepers Mnshvillo to Jack
sonville. Fin. , without change over Nash
ville , Chnttnnoopn & St. Louli mllwiy. via
Ctiallanopgn , Atlanta , Mncon. Berths ou
traged through from SU Louts over the Look
out Mountain routo. Apply to or address J ,
tl , Ballmerwost , pass , ngt.,00 LuClodo bldg.
St. Louis.
Baby's ohoolc is Uko n poach ,
Is it Madame Uupport's bleach ?
No ! but baby's mama's cheek
Volumes to its praise doth speak !
Cnll fur Mme. Huppert't book , "Itow to bo Ilttutt-
ful" of Mrs. J. llanion. 210 f > . ISlh St. , I'ranhx , JJ
STOPSv
THE ACHE
AS rioTiiino nt.su
WILL , NO KI1MUDV
KNOWN rUNETrtATUS
TUB T1SSUK 1.1 Kit
WOOD'S
PENETRATING JJJ'jft
In advance of or-
pi ACTCJ > illuary porouj plas-
* - * I jcrJi ilai | js wny (
succeeds why WOOD'S PLASTUR U
\\orlli Inking trouble to get.
SOLD BV DRUGGISTS
*
> KVKRYWIIBKK
N.Y.Dtpot , 92 William St.
1 IfMT
INTEREST PAIDONDEPOSITS
BANK
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DIRECTORS : A.U.WYMrtN-E.W.NASa
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WEAK AKD
Condition ! of tbo human form urce Miilltioattil
todovclop , BtroiiKllmn. enlurnu all w ak , luntea ,
uniloveloiodfcobloorKani | ncl | > itrti of tbo body ,
which huvo luat or never nltalned a proper anil V
natural lite , duo to III hcnllli. nburo. czce'ica.or
unknonn cuutes. There li unu nifihoil nna \1
only one. by which thl > mujr tin ucouinill | > nu < l.
Incrratoilllow of tlood to any part , iiroducvabr
Blniplauppurfttua octlna . "
tl iuo , tonu and vluor l > r the Buroo natural lumui
tholnrreniioof elzo and itrenKtliof imisclci. Don't . ,
boprujudlcoil becune IlllloquarUi nrniHirn br rlllr
inan > to do tliu > nme. JNVIJHTMJATK.
There' * no traif buck afoiirolluri. OuJ-t > r
will cnmo wlirn tha publlo know * clearr ] icltnco .
from fraud. Write us forlmtructlon . full deicrlp.
- * p in pLun
K.Y.
I CURE FITS !
Vtlien I Mjr C'ua I do not mean ineroto ! * top thrra
for a tluio and tl.on hiio them return again. I tuo n a
radical cure. I hate made thod-Mituuf KITS , KI'I *
I.Kl'SV or 1'AU.INO BIOKNl'.tiS alifu-lc-ng atudI
warrant mrained / to euro the wortt CAWI. Jlacaiu *
olhort hare failed It no reaaon f or not uow receiving *
tnre. B ad ator.ee for a tr tlw udnl'rwiUottUol
ui ; Infallible reined ? , Giro K < l > rc > i anil I > oit Office.
tl , ( J. HOOT , M. „ 18a 1'unrl h . , N. V.
Battering froa <
TO WEAK MEN i > Hot of
_ _ outhful vrron
rarly e y , waatln * weakncaa , lout luauluxxl , rttu
I will xiiui a raluublo trcallw < iali li cunlnlnlni
full particular * for home our * , I'lllilt ut cbuoce.
1 , splendid medical vrorkt aUuulit I'fl read bjr every
man whn U lu-rvnita ami dubllluU * ! . Addreaa ,
I'ruf. V. C. i'OWXiat.BJootlui. ciotuu

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