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THE OMATTA DAILY BEE : SUNDAY , JUNE 12 , 1892-8IXTREN PAGES.
FAVORED THE OLD BOARD Omaha's Fire and Police Board Oaso De cided in the Supreme Court , tiR , SMITH'S POSITION SUSTAINED Governor 1(031 ! Hntl nn Itlc'it to DUmltfl the Mrmlicrft Without Cnuar , Properly 1'rcfcrroil Sitlmtiincc l Hie Ic- ultloii Lincoln Noted. LIKCOI.X , Nob. , Juno 11. | Spccal ! to Tnr. fir.it J The supreme court bas decided that the governor bus no power to remove a mem ber of tbo Omaha Hoard of Flro tind Police , except , for official misconduct end upon charges specifying tbo purllrular ait or acts to bo proved and an opportunity to be heard in open defense. Tbl decision refers to tno cnso o ! the state of Nebraska , ex. re ! . , G. H. Hastings , uttorncy pcnerul , ngain t Hoxviud H. Stnltd. Mr. Smith xvat. appointed a tnem ber of the bonid on May 2 , 1SK ! ) , and coUln- ucd in that ofllco until February , Ib'.y , when ho received a letter from Governor 13oyd , Informing him tbnt bo baa been retnuvud. Tbo leltor of removal merely stated that ' ' 1 hnvo tbls day removed you , for rause. from the olllco of fire und police commissioner for the city of Omnha. " On the fciuno day Governor Boyd nopolntcd 1) . Clem Dcavcr us LIs successor. Notttlth- Etnndlnif Ueuvcr'ii appointment , however , Binilh declined to RVO ! up his onici1. Ucavcr commenced ua ucilon to oust him from the offluo und m order to l st the mutter Attorney General Hastings connncnc-ed quo wnrniulo proceedlnns timilnst Smith. In his answer Htnlth raised the p tnt of law that tbo governor bad no pjxvor under the statutes to arbitrarily remove a n ember of the tire and pollro commission. To tuls ausucr n general ilomurrcr was filed uv the attorney general , thus pri'sentlnp the real question Involved , v.rj the power of Iho povernor under the charter of the city of Omaha to remove mem bers of the Board of Fire and Police Com missioners for cause other than official mis conduct , or for the causa named , without chnrcos and an opportunity to be heard in their own dofeuRO. Mr. hmlth'H I'nsltlon Sustained. The suDrcmo court today handed down an opinion overruling the demurrer. After re ferring to the statutes lixing the limitations ol Iho Orauba charter , the syllabus govern ing the opinion says : The net approved April 0. I6U1 , liy nhlch sec tion 143 of uliapur 12. compiled stutiiti" ; oT 1NU ( charter uf the city of Omaha.was ) so amended as to provide Fnr the appointment us Uro and police coinmlFHlnniTS of wild clly of mcinbcrs of Iho three parties castlnc the Urzcst vote nt the last city election docs not take effect until HIP uxplrallou of the tcrnla ( if olllcu of tlio two eommlbs.oners who wtiro nuuolntcd In Mny. ItW Tin-Kcneral provision In section 172 of the charter of the clly of Uniaha for the removal of o niters of the clly by the district court dors not imply to members of thu Hoard of 1'lr-t unit Police Commissioners. The provision of section \i. article Voftlio touhtllutUm , empowering thu roternor to ro- niovo nil nlllcers appointed by him , applied only to olllccrs mentioned In tlio constitution. \VhtTO by law tbeto Is unfixed term of oflk'o and the Incumbent liolcls durlnc thu jilonsitruof UIG appointing power llio power of removal Is dlsurctlcn-iry nnd mayboex- vrrlscd Illicnt notice or hearing. Wliero thu Incumbent Is fleeted or appointed for M dellnllc term and Is removal ) e only for specified cuii * > c. thu power or removal cannot bocM'rcsod until there has been preferred against him spue lie chuii'cs of ulilch hushall imve notice and an opportunity a Herded him to 1)0 heard in his defense. ly ) Iho charter of thu city of Omnha thn pmcrnor Is nnthorlml to icmove member * of tlio llo'ird of Klroand 1'ollco commissioners only for thocausu therein named , vlr : Olll- cluIiiilFCOiKUii't and upon char.'rs specify Ins tl.o pni tlcnlnr net or arts to lie proved and nn opportunity to bo heard In their own de fense. Tlin question whether the power to rctnovo Is judicial In the sense that thuolllccr > named arc entitled to huvu the question of c.insu therefore heardby the courts , and If not whether the action of the t'M'cntlvo can be rev e wed by the courts Is not raised lo his case and Is not determined. Justice 1'ogt's Comments. Justice Post , who prepared the oninion , prefaced bis decision with the following general comments : "Tho evident purpose of tbo provision for commissioners from the different parties is to removu tbo pollen de partment of tbo Rroatost city of ourttato from the influence of partisan politics. Tha object is ono to be commended certainly and to which tbo courts will Bivo effect when po siulo without violating the recognized rules of construc tion. Tbo wisdom of a division of tbo pnuersaud responsibilities of tbo board be tween the throe parties will not bo celled in question. * Tbo tendency of current opinion Is strongly in the direction ot fixed and definite terms of ofllce , and in lavorof mailing the officeholder so far nc practicable without impairing the public service inde pendent of tbo appointing uower. It ic this sentiment tbat is expressed in tbo provisions of the charter of the city of Omaha under consideration. Without further elaboration our conclusion is that tbo charter of tbo city of Omaha does not authorize the removal of the fire and police commissioners thereof ex cept for official misconduct , nor until they have been notified of the particular act or nets of misconduct with which they 'aro charged and an opportunity afforded them to bo hcord in their own behalf. Kprclnl Holiday I'nrdont. There is n statute ptovidins tnat two peni tentiary convicts may bo pardoned on tba Pourtb of July of each year. An advisory board , consisting of the warden of the peni tentiary , chief Justice of the supreme court end the attorney general , has heretofore recommended to bis excellency two convicts tor pardon. ( Jovcrnor Boyd , Inconsldertnp the subject , was impressed with the idea that tbls law was unconstitutional. Chief Justice Max well was consulted In the matter and tins written n letter to tbo governor in tbo ca pacity of a member of tbo advUory board rather than in tbat of chief Justice. The letter reads as follows : rnr.Mn.ST , Neb. . Juno 6. Hon. .fames E Iloyd , Governor : Dour Sir Chapter IKiof thu H'SMon luwsof IhbO provides , "Tlmt on the Uh dny of July In each yunr the sovernor of thin stute iniiy. In his discretion , grunt and Isiuo un uncoiidltlonul puidon to two convicts In the penitentiary \tho huvo been conllncd therein for ten yeurh or more , und ho > .o con duct hllo Incarcerated In the penitentiary lius been such us to entitle him or her to thu benefits of the peed time net , "fee. - . suUl intrdona shall bo Issued upon the written rucotumenaiitlon of the warden of the penltentlurv , tfio attorney ccneral , Kccro * tary of state mid the chief Justice of the , supreme premo court , - > "toc.'A TliU act shall not bo construed or taken to ubrhlco or deny the power now vested In the Governor to crant pardons , but tluill bo In ndilltlon thereto. " Vnu will observe tbut tlioru Is In fuel a spe cial net. which provides for n special bourd to recommend thu pardon of two persons of u hpcclul eluss at the time-stated each yeir. ; I lo'le\o that thv stutute Is In conlllct with the constitution which prohibitsspot-liU legisla tion Hlicr-ju scncrul law will iipplv , ami aUo In effect lulu * nwity tlio discretion of the ciccntlvo In Riuntlni ; suuh imrdons ; Lecunt-e , iillliouirli couched In thu IUIICIIIIKO of cciur- tcby. thu lufanln.1 of thu btntuto , neverthe less U thut the ro\crnor sli.il ! purclon Iho Dcrwins for ham tbo rucoiiiiiiciuiutlons uro Jnuc ; ! , It inuy bo well toconslilei ulwo the Itatnro of the special itatutc. In general , jionn but tliOMi eonvluted of murder In the M'conil itearvcor IKuolfent-e. urn llublu to be ( onllned for tnoru th.tn ten yeart ; therefore tliol..w applies almost oiehiklve y to pcr- IODK convicted uf murder In the second Uejjrco und tiunn-nced to lmprl oiiment for life ; und oi > Huch hcntcnceb licurbut u snrill proportion 10 Iho whulu iiiiinLer Iho ellect is tbut the punUliment for inur.ler In the second tlciico und other ill.o Kerlauscrltiiv * In any event h > hut uiuven or twelve your * In the lien tcntluryhcthur thu numerous hnni- K'ldenjn Ibo rtntoforik few years past huvo. Kibonio extent been ciiu.fd by thUstututo If n mutter of mere conjecture : but If life mill protxirty uro to to protected , tlio law mtibt 1)0 poimlr.oil totiiko Ilk course. Ibo riipri'iue court uf this lute , from It orgun- 11 lion , liHbcnrefully rend uiul enns.cleiol thu ev ilcni'O In thu many > oluiulnoiiK criminal ci ; c which have come before It. und Iris linerlieHltiited tobuluslduu vcr < ilet where tlio evidence failed tocstiiblUh thuKUlitof tliuaioubcd. I cun Imuslno no i. renter n run ; than to charge und convict n pcn > ou of un otfcnso of which hu U Innocent. It U jiosklulo with the utmost ctirv on the pait lit Hie court * that n perMin mxy be wronu- fully i-onvlcleU of un ulTciitv. or fncts In uxtunuutloit tuuy be forthcomlus utter thu trlut. la ull kucli cases thuinnttcrof Kruntlni : ? u purdon Uuroperly piucod In the htindt of thu excctitUo to bo exercised or not uv to him luay . ' - pioper lifter a fall Invcatigutlon of all the fuctk. Thvru U no dU ldt < d rei > pen ibll > Ity. The constitution place * tbo duty upon . lifiu und no uuo else , mill miy uttcuipt tosuift 1 it on to bpcclul bourd for pcclul ca cii in lu injr flew In eontravcnllon of the conitltutlon. : In conclusion I desire to lay tbnt nt tiny time , If 1 w i convinced n meritoriousriuo forprir- don was prcicnlod. It would aflor.l ma plenw- tiroto lgn it recomnicndiition for the same. Yours vury respectfully. respectfully.SAMUEt. SAMUEt. MAXWCI.U Chief Justice. H is understood that the governor will cxerclsa his power to pardon convicts on tbo Fourth of July irrespective of the advisory board and regardless of the fart that In past vcaM this board had recommended convicts for pardon. Tlicno Will Ornilnntc. The faculty of the State university toiay recommended the following students to the Board of Hcgcnts n entitled to decrees : Bachelor of Arts : Horace S. Clason , Homer Edtnouon , Eugenia Uotncr. Mary Hullhorst. Frederick Hvde , Lydia Million , "Walker I'llsburv , Josephine freeman , Dan iel Worth. Bachelor of Letters : Charlotte Andrus , Eiiwant Brown , Minerva DJ I'ue , Stella Klrkcr , Corn T.vons. James McDonald , Emma Pound , George Sheldon , Uharios Sklles. Lura Stockton , Thomas Williams. Bachelor of Science : Samuel Avcry , .Tames Barkluv , Thenphilc Bruggor , Charles Chandler , Hupert Dlneos , Charles Helvio , Paul Hubbard , Kredenck Kenyon , Morgan Maghee , Hugo Nelson , Lcroy Trover. Bachelor of Civil Engineering : William Brook , Jnmei Porterllcld , Bruce Yutei. Master of Arts : Jured G. Smith , Albert Woods , James Worley , Cbarles Loblugor , Wilber Knight. Aiiininl CompetltMo Drill. The nrtlllorv detachment of the university cadets held its annual compstitive drill on the campus grounds this .forenoon , com pany C detachment took lirst pnzo and com pany A detachment second. Tno chiefs of tlio winning detachment wcro It E. Ulnges of company C and 11. S. Bulla of Company A. In the individual drill H. ' ! Dlngcs tool : iirst prizs and H. C. Upton second. Tno nntiual review and dress parade took place this ultcrnoon and was witnessed by n largo number of people. Governor Boyd presented commissions to the following olll ccrs : Cautalus ,1 lanes A. Barkley. Fred- crick D. Hyde , Morgan M. Mnsbeo , George L. Sheldon. First lldutcnnnls Charles U. Chandler. Kuport E. Dioges , Jame > B. Mc Donald , Hugo E. Nelson. Larov E. Troyer. Second lieutenants Tbcophlt Brugger , Walter B. Pills Lury. Irvlno In Court. W. H. Irvine , who shot and killed C. E. Montgomery in this city on the morning of May 'JO , inndo his second nopearancs in court this morning since the tragedy. His cppear- anco today Avas in marked contrast with his demeanor nt his preliminary trial. Then hu seemed almost n mental wreck. Today ho bad regained all of his wonted composure , sat erect and faced the Judge with an easy , unconcerned nlr. When his case was culled ho quickly stepped forward and listened to tbc rending of the information with but little perturoatlon. He pleaded "not guilty" to the charge und his case was set for trial October 3. Green Gaffney. who shot and killed Charley Thomas May 27 , also entered a plea of not guilty. His trial wa set for October 10. Lincoln In Itrlcf. Tno barn of W. E. Cutnlngs at Nineteenth and Y streets was burno last'nlgbt. ' The delegates to the national 'convention of tbo Yurdmuster * association returned east at-:40 thin afternoon. Several hundred members of the Railway Employes club held a picnic at Lincoln park tbis afternoon. Suecinl trains came in from different parts of tbo state and a general good time is reported. The fire department was called to Thir'.y- flrst and Q streets at 1 o'clock tbls afternoon by a lire in John Nightengale's barn. The building was partly consumed. Lincoln Citizens Itiitlfy. Lincoln republicans ratified the nomination of Bonjat&in Harrison and Wbttelaw Raid tonight by magnificent demonstrations. Government square and tbo surrounding strcuts were packed with a big crowd of people. A band of music and a profusion of tire works enlivened tbo occasion. The speakers were J. L. Cold well , W..H. Wood ward , i'ranKlin Callus , J. B. Strode , P. J. Kcllv. Juugo Parker , Captain Blllingsley and T. C. Mungor. Tbe meeting was more than enthusiastic. Hl n School Commencement. EtiOAit , Neb. , June 11. [ Special Telegram to Tnc BEE. | The fourth annual commence ment of tbo Edgar High school was held in the Baptist church Friday evening. Long before tbo hour for oeginniug the exorcisns the church wu * packed from pulpit to gal lery , not even standing room being left. Tbe building was beautifully draped-ivilh tapjs- try and decorated with llowerj , evergreens and plants. Tbo graduates were Misses Ida Clary , Stella Walley , Sadie Hawley , Minnie Grcon , Vir.a Gardner , Jessie Glazier and George Avery , Halph Snxton , Mack Carlson , Hoburt Avery and Ralph Castcrlino. Tbo delivery ot the graduates was excellent and tlio subject matter of tbo eleven orations is rarely , If ever , surpassed by any school for uniform excellence Tbe musical portion of tbo exercises , in which Edgar's best talent participated , was a nlcasing feature. Educational matters bore are on a higher piano and tbe schools ; ; ow occupy a position second to no other high school in tbo stale. Uojil County ? cu-s. BOTTE , Neb. , Juno 11. ( Special to THE BEE.J Butte is making great prooaratlons to celebrate tbo coming Fourth of July. Swift Bear and bis band of warriors wtl entertain the crowd with war dances. Hon. W. D. Mathews of O'Neill , Hon. J. B. Barnes ot Fremont und Judge Allen of Madison will deliver patriotic addresses. Ono thousand dollars in purses and prem iums will bo bung up. Tbo Butte Gazette , pditcd by T. S. Arm strong , will i sue its flrst number Friday. This will bo tbo only democratic paper in Boyd county , and makes three publications for'Butte. Jteutrlco'o New Hotel Ansurnl. BEATHICE , Neb. , Juno 11. ( Special Tele- pram to TUB Bui : . ] Tbo entire amount of tbc $100,000 stock required to insure tbo building of the new Hotel Blakoley at tbo corner of Fifth Bud Ella streets , tbls city , has been subscribed and tbo enterprise is an established fact. Work will begin at once on removing the old opera house , and work on tbo excavation for the now structure will commence ) immediately thereafter. Tbe building is to bo a four-story pressed brick front , with a frontage of seventy feet on Fifth and 140 on Ella street. The building proper is expected to cost not less than ? S5,000. Army Officers u Wltncisei. Four Honixsox , Neb. , Juno 11. [ Special Telegram to THE BEE. ] Dr. Raymond , U. S. A. , Coptuln Garrard , Lieutenant Packer and six enlisted men left hero tonight tor Omaha. They were subpccnicd by tbe United Slates court at Omaha as witnesses in tbo Mladlototi assault caso. Colonel Stanton paid tbo two companies of tbo Eighth infantry stationed here and starts for the Ninth cavalry camp on Clear creek , near Powdorriver , Wyoming , tonight to pay the six troops of tbo regiment camped bere . Klllfil u Clrcnt I'rt. GIUND ISLAND , Neb. , Juno 11. [ Special to TUB Bee. | A huge bear was discovered yeiterduy attacking a cow belonging to 1 ! . Sasson near ritLibory last eight. Mr. Sasbon shot at tbo beast but only wounded the animal , which immediately turned on him. A neighbor Came lo thu rescue with a Winchester and killed tbo bear. Tbe bear was tbc property of a man who has been traveling over tbo country exhibiting two of the animals , The owner paid $5 damages. Muuy VUltor * Ki Gin MI Iti.txn , Neb. , June 11. iSpeclal to THE BEE. I Fully 2,000 vUltora are expected to attend the annual convention ot tbo Platt- dcutcb Central Vercin von Nerd Amerika , which takes place here from Friday , Juno 17 , to Tuesday , June ' . ' 1 , Inclusive. Tbe local commutes on entertainment Is ready ( or thctn , and a rouilrg convention It expected. Thrown from n llnnc. DfMiAit , Kcb. , June II. [ Special to TUB Br.t.J-J. F. Dogue , a farmer living two miles and a bait west of town , was badly bruised yesterday by being thrown from a horse , and tbo animal stumbling und falling on him. _ _ _ _ _ _ Xitbrtttkii' * Dcutli Itoll. lUsTlXG > , Neb. , Juno 11. [ Special Telegram - gram to TUB BKC. ] It U currently reported Here today tbut Dick Thotnpion bad died in a St. Joseph hosolltil. Thompson was fern n long tltnu R prominent Jou rnalist here , and once enjoyed the distinction of being the democratic candidate for secretary of state. Ho was always a good follow. Ho recently edited a magazine at Ashland , and was next hoard from In a St. Joseph bojpltal , where be had an allao k of Jaundice. SUl'ItRUt : CUUIIT. Decisions Itnnileil I o rn by tlio Nebraska Trlbunnt Yo terdny. LI.NCOI.V , Nob. , Juno 11. [ Special to Tnc BEE.1 The suproma court to.tay nandod down opinions in the following cases : Glllcspievc the City of Lincoln. Error from Lancaster county. Affirmed. Opinion by Mr. Justice Post. A flty Is not II ible tU common Inw for the negligent uuls of the members ot Its fire de partment. I'ltiiUtlffj InloUutc was struck nnd kllloJ by nlnddur wuson or trtific bckinnliu to the ( Ire department of the defendant c ty , through tlio net licence of the Urltur thereof , u member of said department , while driving alon : ono of the streets of the city for the purpose of cxuN'UInt n tram ( if hones belonjlni to tlio department. Hold tint the cllv Is not liable. famltb & Co. VJ Uoyer & Davidson , error from lied Willow county. Anirmoa. Opinion by Mr. Justice Post , In reviewing un orJcr ot the district court or H jttdua thereof , dis.-h ir lnx un attach ment , the evidence belli : conltlutln ? , the sumo presumption pruv.ills In favor ot tno correct ness of the rullnz complained of. as In c.ises of flndln nnd judgment upon a formal trial. The order of a Jniluu dlsclmr.'ln ; un Hit tch- nient In such cuu will not bo disturbed by Ill's court unions it Is clearly u ulnst the weight ot evidence. Pawnee County vs Storm. Error from Puwnoo county. Afllrmod. Oppiuion by Mr. Chief Justice Maxwell. Umftsr thnst-ittitoof the county boird upon clvlu ; public notice through the newspaper * tu required by luw and ejiup.yl ns with the law In other respects , may loj.iui a valid ] iub- llc ro id through tha property of one or more ot the land OWIILTJ , ullhn'Uli ho has no act unl nollca ot tbo pruceo llng while they are pond ing. > iOtleoln a new iripor Is constructive on'y. und while It is siitllclont to alve thu county board jurUd ctlon , It cannot deprive the land OH ner whose property has l)3en taken und had no actual notice of the procecdln s to locale Iho mad until utter the lime advertised for filing claims for damages hud expired , from recoveilnu compensation within a reasonable time utter hu has such actual notice , the uctiiHl appropriation of the properly. Connor vs Draper. Error irom Cass county. AfUrmcd. Opinion by Mr. Justice Norvnl. Where , In nn action tried to a Jury there Is evidence to sustain tlje vorJict , Iho suurcme couit will not set It aside mil irrmt u now tiial oee.tuso Iho bare lirepon lurance of thu evidence seems to he u-Mlust the verdict. Held tint the Instructions fairly submitted the Usue to the jury. When document iry evidence U exa ludcd on the trlitl the 9111110 must ba Incorporated In the bill jf exceptionIn order that tliU co.irt may review the rulings of tbu trial court theroon. Tbo Lane 11 tor County bank vs Horn. Error from Lancaster county. Aftirmjd. Opinion oy Mr. Chief Justice M.ixwell. An nsslcnmeut by a debtor ot pjrvjnal property for the benefit of creditors will not bu Invntld tiec-iu'-e not recorded. If Die I In the co-inty clerk's otik'O within twenty-tour hours nftcr bolnz nricle. An nssUnment for the benoQt of creditors us It hojures un egultabie dUtrlbiitlon of thu proceeds of the debtor's property niiionghls creditors will be sustained If pcusfb o. Where the usilRiieo h is taken iictnal und exclusive uosMjsslon of the personal property assigned such possession ciinnoi bo dlsrc- cardel by third nirtk-s on the ground of want of notice. The stituo mcryly provides for u registry of tbu Instrument. Oskutup vsGad.den. Error from Douglas county. Afllrmod. Opinion by Mr. Justice Norval. Defendant called at the public telephone ita'lon nt. chuvlcr undnskuJ Iho operator to reitiost | plaintiff to step to the telephone In thulr place of bu lncs * In Onriln , us ho desired to converse with them. Ho. one of itio plaln- lltfs. answered thu call , but owln ? to thu con dition of the atmosphere the parties \ > oru un- ab.e to converse directly with each other. Thu telephone operator at I'remont , un Intermediate station , proposed lo nnd did transmit defendant's mussage to plaintiff , offering to sell them n quantity of buy. und he also repeated to de- Icnilant their unswur accepting the pro position. In un uctlnn for u breach of the contnict it wus held that the conversation wus adiiilssablc In evidence , and that it was competent for the defendant to state the eon- tcnts of p.ulntln's answer to Ills mcssaic. us repeated by the operator at 1 rcrnont , lit the time It came over the wire. Tootle vs First National bank of Chadron. Error from Dawjs county. Reversed and re manded. Opinion by Mr. Justice Norval. When iioods uro Bold upon creolt Induced by the fr.ululont represnnlallons of Iho pur chaser us lo his financial ability , the vendor may rescind the contract within a reasonable tlmo after Iho discovery of the fraud , upon a return , or oiler to return , the consideration received by him und reclaim the goods as uRulnst any ono not n l-ona tide purchaser for value without notice of tbe fraud. Hut whore the fraudulent vendee has sold part of the goods to Innocent parties , the original vendor may retnlri of the considera tion Hn amount omml tn tin * v.ilun nf tlm parted with by Ills vendee , und tender thu balance of thu cocHldoratlon , When goods obtained by fraud hu been mortgaged by the fraudulent vcndeo solely to secure u prc-exlstlnc debt duo from him to the mortgagee , the latter cannot claim the protection which the luw ufforda an Innocent uiul bona tide purchaser of property from a frudulcnt vendee. The petition examined nnd held to stale a , good cause of action in replevin. The. Fremont , Elkhorn & MUsourl Valley Railroad company vs Matihics. Error from Douglas counly. Reversed. Opinion by Mr. Justice Post. In this stntotho special remedy provided by the statute for determining by condemna tion proceeding , the dnniapt ! to land when a part thereof Is taken for rk-ht-of-way pur poses by u railroad company Is exc'lutlvc. Itepiibltciin Valley railroad company vs rink. 18 Xubrusku. ( fit A petition for the appointment of a com missioner to nppruiso dumuRo for the talc.n : of property for rlchl-of-way , which sols torth that the petitioner desires to r.c < | tilro a strip UK ) feet wide through a particular tract , and refers loan accompanying pint , for u more particular description Is snlllcIcuU PI < IASII > WITH IIAKIUSO.V. Nebraska ItepulillcuimSutlsllpil thnt Victory Is Xo\v Assured. FALLS CITV , Nob. , Juno 11. ( Special to THE BEE. ] Tbo nominations of Harrison and Reid were received here with enthusi asm. Tbo revulsion of fooling among Blaine'n forrror supporters , since his resignation a : secretary of state , is surprising , and bad bo been nominated there are scores of republi cans hero wbo would not have supported him. Richardson will give 400 majority for the ticket. Ci.ivCEXTEit , Neb. , Juno 11. [ Special to THE BEE.J Tbe news of Harrison's renomi- nalion reached hero yesterday evening and tbo boys Bred cannon In boner of the event , A sit LAN D , Neb. , Juno 11 , [ Special to THE BEE. ] The republicans of this city wore more than pleased with the renomination of President Harrison. He was tbo choice of tbo republicans hero from tbo start. . FHIEXII , Neb. , Junoll. [ SpecialTelegram to THE BEC.I The republicans of tbls city held n rousing ratification meeting this even- Ing. Hon. W. S. Simmons of Lincoln ad dressed the nicotine and there is considera ble enthusiasm. Tbe nomination of Harrison risen is giving satisfaction to republicans bere. bere.HoumcnE HoumcnE , Neb. , Juno 11. [ Special Tele gram to Tilts UEE. ] Tbu republicans of this county held an enthusiastic meeting hero to night , ratify ing tbo nomination of Harrison and Reid and lo organize a republican club. E. A. Washourn was chosen chairman and H. E. Bush secretary. Tbo club starts out with about ISO members , all enthusiastic for HairisoD. CAMimiliQE , Neb. , Juno 11. [ Special Tele gram to TUB BEE. ] Five hundred enthusi astic republicans ratified the nomination of President Harrison at Cambridge. Tbe assembly was entertained by brllllaut speeches by Colonel Henderson , J. O. Gam bol , Rev. Mclycai and C. M. Brown. CO/AD , Nob. , Juno 11. [ Special Telegram to TUB BEE. ] There is great rejoicing hero among ropuoltcans over tbo nomination of President Harrison. Hundred * of Inde pendents in tblt county are sure to vote tbe republican national ticket tbls fulL VALXVTISI' , Neb. , June 11. [ Special Tele gram to Tun BEE.I Tne repuollcans held a ralilicaliou meeting hero tonight which was largely und enthusiastically attended. Sev eral speeches were made und tbo work of tbo last four years gona over prcttv thoroughly. On the streets today not a criticism was beard of President Harrison's administra tion and all opponents con cod n tbat be it by fur tbe strongest candidate that could have boon named. Ho will bo particularly strong with the fanners wbo lean toward thu inde pendents. GOIIDOX. Nob. , June 11. ( SpecialTelegram to Tun BEE.J Tbo news of the renomination of Harmon U received witn tno greatest satisfaction and enthusiasm. Flags are waving and bands are playing. Harrison 1 $ all right : Nebraska rarmrrn Hu y. CLAT CF.XTEII , Nob. , Juno 11. [ Special to TUB BEE. ] This city has " presented n lively scene for the past week. The streets have been crowded with teams until tbo capacity of the grain elevators wus , exhausted , and the scarcity of can trndo it ircpcssiblo to relieve them. Farmers are beginning , to complain some on account ot drv weather. There is plenty of moUttiro in the ground , but the surface has become quite dry nnd hard. AVnnt llrmy MAIUSOX , Neb. , Juno 11. [ Special Tele gram to Ttir. Bnn.J Civil action has been commoncid In the district court by Mr. and Mr . John Grlswold against Drs. Hutchln- ton nnd Footo for ? AODJ. ) The complaint allege that n recent oparatlou performed was untuillful. _ nunjrrouMy Wouiiilcil. Noitrn Buxn , Nob. , Juno U , [ Special Tolpram to Tun BEE. ! While plnvlng with a revolver , ETT ! Brown , 0 years of ago , shot himself In the side , making n very serious wound , Doctors hnvo probad for the ball , but have not found 1U Sent to the Itrform Srluxil. BcvrnicE , Neb. , Juno 11. [ Special Tele- cram to Tim Ben. ] Hartley J. Huston , n minor of Cortland , was today adjudged In corrigible in the county court and ordered sent to tbo reform school at Kearney. Conferred the lllnck Cross Degrco. Bi.uu , Nob. . Juno 11. ( Special Telegram to Ttir. BEE. ] The Knights Templar of this place conferred the Black Cross degree upon Prof. Atkinson of the Omaha agency schools this evening. J. P. Latta and George Green of Tokatnah were down as visitors. WILKINSRtJSTIN'S FUN2RA. Sad Ceremonies nt'tlin Homo of the Young' .Man ( irlcf lit Vulr. Cnptaln and Mrs. C. B. Rustm nnd their son , Fred Rustln , arrived at 4 o'clock Friday evening from Now Haven , Conn. , with the remains of Wllklns Rustin , who mot a sad and premature death at Now Haven on Mon day , Juno ( i , as the result ot injuries received by him while being initiated Into the D. 1C. E. society of Yale college. The sotrow-stnckeu relatives were met at the depot by a company of friends and the casket was taken at once to tbe family resi dence nt 1C22 Harnoy street , The funeral services wore held yesterday afternoon , Dr. Duryca conducting the religious ceremonies over tbo departed. The floral offerings wcro superbly beautiful. The sopbomoro class , to which tbo deceased be longed , sent a magnificent pillow of roses and smllax , and the D. 1C. E. fraternity ten derly remembered the youag man who wus about to become a member ot tnat society In the presentation of a handsome shield com posed of variegated rosei and lilies. The llornl gifts from friends in Omaha wcro numerous and elegant , for the deceased was very popular among his numerous acquaint ances in Omaha. The funeral was largely attended. The family is oao of the oldest and most re spected in the city and many hundreds of people sympathize with the bereaved familv. Following are the pall bearers : W. G. Doane. J. W. Broatch , V. C. Caldwell , A. H. Preston , W. G. Preston. Augustus F. Kounlza , John Patrick and Will Hoagland. All of the pall bearers nro Vale men. The body was Interred in Forest Lawn cemetery. Merely Crnrl 1'olly. Touching tbo manner of bis son's death Mr. Rustln said that ha was thoroughly con vinced that the reports tending to convey tbe Impression that the accident was a case of premeditated malice or intentional cruelty on the part of any of the young man's assorfatcs wcra entirely misleading. Tbe ridiculous ceremonies through which tbo members of tbe D. 1C. E. society were obliged to pass were not necessarily dangerous , and tbis sad Incident was an accident which none hud forpseea. His classmates wcro all shocked and sorrow-strlckon oy the tragic ending of Ibo evening's sport , which they bad in tended to bo only a Htlln rough and ridiculous. "It was cruel folly , " said Mr. Rustln , "that is about all that can bo said about it. My son was popular with his class and I do not believe for a moment that any of them would have pormilteid the acci dent to occur if they had foreseen it. " How die Accident Happened. Mr. Fred Rustin , brother of tbe deceased , who Is also in Yale , explained the exact manner in wblch his brother received tbe fatal blow tbat ended bis life. It seems that the ceremonies of initiation wcro almost finished at the lime \Vilkius Rustin and several olhers wbo werj being Initiated bad been out on the campus , whore tbov were compelled to sing songs and go through several ridiculous performances. Tbo final act was to make a run down the street to ward a restaurant , where tbo hoodwinks were to bo taken off and the novitiates were then to bo given some refreshments , con cluding tbe ceremonies. As the party entered the street through which thn run had to bo made some ono cried out "run" nnd off they all dashed. Young Hustln , although blindfolded , proved to bo tbo swiftest runner of the lot , and us it is the well known custom ot tbo bocioty to make tbo applicant run a second time in case ho failed to do bis best on tbo lirst attempt Young Rustia decided to make a run the first time that would free him from a second demand of that kind. When the party had run some distance and bad almost reached tno restaurant where the refreshments were in waiting , the man who bad Mr. Rustin in charge saw n back stand ing in tbo troot and fearing bis blindfolded companion would dash into it no called lo him to slop. But Mr. Rustin wus some distance ahead of bis guide and having tbo bandage- about his ears as well UP bis eyes It is believed tbat ho did not hoar tha warning , for ha ran against the tongue of the buck with tremendous force and fell pros trate on Ibo pavement. Tbo polo of the ve hicle had struck him fair in the pit of tbu stomach. He lingered from Wednesday evening until Monday morning , when ho ex pired. Storius were spnaad broadcast to the effect that tbo deceased bad been cruelly hazed to death , and other reports stated that two of tbe guides ran by Rustin's siuo until bo got within a few feet of tno back polo and then called to him to "Look out , ihero comes a wagon , " und deliberately guided him lo bis dcalb. Tboso rumors are not bellevad by tbo relatives of the deceased , as staled above. They are convinced that tbo untimely death was simply an accident resulting from care lessness. Crlcf nt Ne\TlIaten. Brief funeral services were held oa Wednesday at New Haven , all the members of the class being excused from duty to at tend. Speaking ot tbo'Incident the Now Haven Dally Morning1 Journal of last Wednesday said : "Nothing , perhaps , has ever cast sucb a general gloom on the campus. The depressing creels of tbo uu- foriunale accident is everywhere apparent. Just before tbo operation was performed on Rustin bis moat intimate , friends passed through bis room nnd said coodbyo to him. Tbo sight was a deeply touching one , young mon with llfo before thorn saying goodoye lo a friend who bad ' 139011 so harshly taken from thorn. Everywhere tbo noble , manly character of tbo deal student was ouloglied. Ho 'Wbs one of the men wbo made Yale a 'pleasant place to bo in. Naturally tbe blow falls heaviest on bis father and mother. Ho bad written them glowing letter * about the pleasure bo ox peeled lo get from tbo society to which he had been elected , Tn& societies feel koouljr their ihuro in causing Rustlu's death. Pki Upsilon and D. K. E. , the two leading Junior societies , adopted tbc following ro.o tlon Ian night : "Uesolvcd. That every candidate shall as sent lo the oath of tlio kocloty and shall sign the con.tllullon. "Heso.vod further , That the Initiation cere mony bhall bo the above and nothliu more. "Tbo sophomore class aUo passed resolu tions ox protsiui ; the sorrow of the entire class occasioned by tbo sad accident , oulngU- inp tbo deceased and declaring that tbo clus. as a special mark nf respect should wear badges of mourning until tbe end of tbo pres ent school year. " The W. A. Page Boap Co. , nro pub- lishinp each week 11 dlrTorent hot often inorclmnta who eull Union eoap.Vutch for your grocor'n name. PREPARED FOR THE OPENING Arrival of the Companies for the National Competitive Drill , PLEASED WITH OMAHA'S ' RECEPTION Coinptetn rroRrnnt of the Orrinlcin Mon. clny Will Hi- nil InterestInc liny nt the CnnipVork VX'il Com. incnco lltirl.v. Too famous BelknnpKlflcs of San Antonio , Tex. , arrived in the city at S o'clock last evening. As usual the coraoany h'ad bad luck all the way up on account of delays , wtccks , etc. A dotatchmout of Omaha Guards ) com manded by Lloutonanl Wilson mot the now arrivals and acted as tin escort to head quarters. Tbo mrn were pretty well tired out after their long ride and were very glad when their Journey's end was reached. After reporting at headquarters the com mand marched to the Murray hotel and had supper. \ \ hllu the company was waiting nt the corner of Sixteenth and Farnam for the caulalu to make bis report to Secretary AltcniFon. tno Texans let loose thrir old tirao yell uhich has been heard on every aiill ground of nuy importance since the organ ization of the company In ISS4. It runs llko this : "Hip , hip hurrah. Tieor , Uclknup , maverick , Texas , one , two , throo.Mp , boom rah. " 1'rocoiMled to Citnip. Immediately after supper the command orocsoded to the camp. It was Impossible forsomoof the Uolknups to como with the company , hut the few who wore loll benlnd will reach Omnha Monday Kostor of the drill : Captain , Robert B. Green ; lirst lieu tenant , John F. Green ; second lieutenant I. C. Unkor ; sergeants , Charles Norton , James Flndlny , David Watts , Will Jones , 1'crcy Hlchard&on ; private ? , Mr. Becker , C. C. Smith , Frank Smith , S. WolcKon , S. Mcadoo , J. Tugwcll. M. Son-day , W. Das- comb , J. Durnpll , C. Bco. B. Bco , T. Bee , W. Alexander , J. Jones , F. Jones , W. Webb , A. Blum , H. Dukel. C. Harden , B. Ander son , H. Bucon , H. Baker , H. Hickman , E. Hernandez , E. Walton , W. Tromrnernnd N. Winstead. 1'rocrnm. The program as arranged for the first three days Is as follows : Mimcluy. Juno II Arrival of troopa , band contort 11 to 12m. 12m. , formal openlns of cnmp , I.louluuant roloncl 11. It Mitlford.pret- Ident of National Comuutltlvo Drill associa tion , eommandliii ; . Welcome to stttc , Gov ernor Jamua H Itoyd. Welcome to city. Mayor Gi-orco I1 , llemis. Kesponsooii bchUlf of asso- clat on and presentation of Captain William V. Itleh rds , Sixteenth United States lufau- try as commandant of camp. John 1" . Altchl- son , secretary National Competitive Drill HR- sociatlon ; raising of Mac over henduuarturs. J''JO p. m. . incetliii : of ollleors In each classof dillls at headquarter. 2:00 ] i m. . uresontn- tion of sponsors , clripcroncs and tuxlds of honor to olllcers , 3x : ( ) ) > . m. , pnard mount. I U > i > . m. t < > 'i:00 : p. m. , pr.tctlcodrili uy maiden Infantry , zouaves li.ullni : an I artillery com panies. p. m. , Brand tlross parndo. p. m. . grand military band concert , Tuesday , June 14. < JOOa. : m. . puard mount 0:45 : n. m. . Inspection of companies which are to drill ibis day. M:0a. : : m. , ( touavcalsh ) xoun\es of St. l.otlls. eaptain William lley- inan. ] 1UO : a. m. , ( maiden ) UnK rides of .util- Uhur Sprlnsh. Tex. , eaptain .1. E. Johnson. : : p m. . ( national ) Kletcher rlllcs of Mttlo Itock , Arl. . . captain John A. Mitchell. 2:30 : p. m. , ( citllnil : Omaha puurds of Omaha , Neb. , captain T. K. Bamfotd. 3 : ' < o p. m , ( inaldciu Company A , ninth Infantry , O.illfor- ula national guards. San Dlepo. Cut. , cnptaln E. 11 tpclcman. 4an : p. tn. , taJtlllery ) Dleki- fcon ll ht artillery , Danville , III. , lieutenant W. O. liollouny. fiOU : j > . m. . grand street par.icc. A patado of nil tl.c companies In attendance and the entire second Infantry. United States of armv under couitnuml of major William S. Worth. Unltud States of army. Wednesday. June 5 9a.m. , puard mount , 10 a. tn , Inspection of companies which will drill ( lurln : this day. lOrlfin. m. , National Omaha Guards , Omaha , Neb. , Oaptaln 1' . IItamforJ. . ll-.yii a. in , . Galling Cincinnati Llpbt Artillery. Cincinnati , Captain Fred .1. Herman. HtlJ p. in.ouaves , Chlltiouee.ouuvcs of Knoxvllle , 'J'cnn. ( laptaln W. 1' . Chandler. 2'M : p. m. . graitl sham battle : a realistic representation of ono of the most famous battles Known in history : all of thu troops will participate In this prand batt'o and the forces on both sides will bo commanded by United States army olllccrs. Grand military bind concert after sham battlo. Exhibition drills. 7 p. m. . dieas parade. 7UOp.in. , grand military band con cert. cert.Unless Unless otnerwiso ordered the hours of calls ol service and roll calls at the National Compelittvo Drill association encampment , Oraabn , Neb. . June 13th to iiOth , 1SIG , will bo sounded as follows : rirstCall 5:30a : m. Assembly S : .VI a.m. HreaU-fast Mc s Call . ' > : . ' > ' > a. m. frurscon's ( sick ) Call CIAn. : m. ratiguo ( police ) Call 0llOu. : m. OUAIU ) MOUSTINO. First Pall R:45a. : in. Assembly 0UJa.ni. : l.NEl'KCTION. Tlrst Call 0 : < i a.in. Assembly ll > : UO a. m. riisti-urpuant's Cull Ili0a. : : m. Dinner Muss Call K':00m. : Supper Muss Call . 5JJp. : m. DUKSf PAH A HE , Tlrst Call 5:45 : p Jn. Assembly ? : UJ ] > .m. Itetreat. 7:30 : p m Tattoo D:4'ii : ) . in. Tups. 10wp.m. : : Drill calls will also be soucdea for com pany competitive drills twenty minutes be fore time of company to begin drill ; assem bly , tan minutes before time of drill. Hc- ca'l from drill will ba sounded at expiration of time allowed for drill , und companies will stop promptly at that time. Kiicninpmciit Notes. Dross parade will be held every evening at 7 o'clock. Captain Joyce of the Avon Hides , Cincin nati , notified Secretary Aitchison yesterday that it would bo impossible for tbo company to attend the drill. Tbo sponsors , cbaperones and maids of honor have boon requested to attend tbo opening ceremony Bt noon on Monday. After the addresses by the governor und Mayor Bemis the ladies will bo introduced to thee o nicer s of the companies which they will represent. All ladies will bo admitted to the grounds free on Monday up to 'A p. tn. Brigadier General Brootto , Uv S. A. , has accepted the Invitation of Secretary Aitcbl- son to review the parade on Tuesday even ing. ing.Tbo Tbo Omaha cu&rds , including tbo galling section , went Into camp last oveuing. Bugler Ddlv ot the Second infantry has been employed by the management to sound the calls. The orderlies detailed from the Omaha guards for duty at headquarters yesterday had n busy time of it. Today will be a busy ono for the detach ments of guards detailed to do escort duty. Companies will ba arriving today. Captain Boyd of the t'ealy rifles of Galveston - ton is well oicasod with his reception jester * day and is particularly pleased with tba camp grounds and the quarters bis company has been assigned. The now whlto duck uniforms of tbo Scaly rlllcs ure much admired. Governor Boyd has ocen given an invita tion to welcome the visiting militia organiza tions that may participate in tbo national drill in Omaha In bis capacity as comman- cler-in-chief of the Nebraska National guard. Tbo governor will next Tuenday evening re view tbo militia column with bis staff and alto with General John H. BrooKe , U. S. A. , commander of ttie Department of the 1'iatto , and staff. The roviowin ? stand will be upon tbo balcony of tbo I'axtoa hotel overlooking Farnam street. Company B , Colorado National guards , Denver , will arrive over the Kock Island nt 4:25 : tbls afternoon. Tbo Dallas ( Texas ) Light artillery will ar- rlvo by the Burllneton at U:4U tbls morning. Tbo Ml&souri I'aclllo will run a special train for tbo Fletcher Kitles of Little Hock , Ark. , and the party , numt > orlng nearly 15 ! ) persons , will arrive at 10:3J : Monday morn ing. ing.A telegram was received by O. B. Aitrb- isnn , secretary of the local association of tbo national drill , that the Cincinnati Light artillery will arrive in the city at 12:35 : Sunday - day morning. A telegram from Davenport , la. , says that Devlin'a cudots will arrive at faJ : > U Sun day morning. "I SAY ! BUY A CAKE OF SOAR and thank rue for calling your attention to H. " MANUFACTURED ONLY BY N.K.FAIRBANK&COL CHICAGO , BAKING POWDER ozs. FOR ABSOLUTELY PURE. JUST TRY IT. PAXTON & GALLAGHER , Omalia.NelD H H FIRE ! InsilranGB Company's ' Orders. Stock must be sold regardless of price. Everything ha ? to go as quickly as possible. Clothing at Fire Sale Prices , MEN'S SUITS. MEN'S ' SUITS $2.50 $ Our line Entire of MEN'S ' SUITS $3.00' $ ' Men's $ I5.0O Suits MEN'S SUITS $4.00 $ , Five ' go Dollars. at CHILDREN'S SUITS. Children's suits , ages 4 to 13 , 60c. Children's suits , ages 4 to 13 , 90c. Privilege of any CHILD'S SUIT in the house at $1.50. Boys' Knee Pants , 10c , 25c and 35c , usual price 4oc , 75c and Si.oo. HATS. Men's fine Derby and Soft Hats , 50c , 75c and $ Ir usual price $1.25 , $1.75 and § 2.50. MEN'S SHOES. Men's Working Shoes , 59c , 79c and 99c , usual piice $ i , $1.50 and $2. Men's Kangaroo Low Shoes , $1.25 , usual pries $3. See our Bargain Table of Shoes. Balance of Fire Stock Furnishing Goods at One-Fouith Regular Prices. WESTERN CLOTHING CO. , 1317 and 1319 Douglas Street. The UNPRECEDENTED SUCCESS that the Behr Bros. & Go's. PIANOS Hiiro attained , nnd the lilh praUo they bate cllclte.l from Hie world's MOST HE- KOWNEI ) ARTISTS , front the \irn \ nnJ front a public long prcjiullcoJ In favor of hlcr innkts , It is Siifo to as5tiii3 : Hint Ilia Iiiitr.ini3.it muU bo po yjial of UNL'OJI MO.S ATTKIHUTES. ATTKIHUTES.MAX MEYER & KRO. CO. , Sole Agents , Omaha , Nebraska. Establish&d 1866. Dr.DOWNS 1316 Douglas Street , Omaha , Neb. Th eminent n > erUlltt In ncrvoni , clironlr , private , blood , ktn n < J unnnrj dtirkxii. A rermlir ana reiriiured gradual * ! ID m delne. at diplomat and curilflcitt't ilmw , u ( till treating with tliu rreatvn > urcii catarrh , ip < inoatorrho < r ; . leu manhuoJi iuli > al Wt ) kuui . nttthl lo fl. Impoujucj. irpullli. tlrlcluru. itou- orrliuca , iileut , varluwele.clc ho luercury u el. No * treatment ( or Ion of Tliu power , I'urtlM uuablv to Tlttt iu uiai lx tr < * tf > < l at hemo L > j oorreiHjmlvnee. M 31Uu or luilrumrott aunt malloreipruM . - eurelr packed , no uiatki to Indleato contuuU or lender. Uno iicrtuoal laUirflnw p i rr il. Coniullftilbt froo. Corrc.poadcnruitrtci/ : . , Uot ) ( UjiKrlei til LIU ) at lt . Office l our Va. a. l U.mt BunilajilUa.ui.lu Uia.bi.uu