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H fc _ THE OMAHA DAILY BEE : THURSDAY , NOVEMBER 23 , 1893.
H'KEIGHAN ' UNDER ARREST Nebraska's Fifth District Ecpresentatiye in Custody at Lincoln , CHARGED V/ITH / DEFRAUDING A HOTEL Fnllnl to lnr iiMiiie ; | Incurred Ourlnc the Itecent StMintirlnl Content S irT il wit U tlm Wnrr.int nt IIU Home Nenr fteil Clonil , Ltxr Jtv Xov 23. ( Special to THE DBF. . ] Probably for the first tlmo In the history of Nebraska a congressman was today ar raigned in a criminal court to answer to a criminal charge. The statesman to break the record is Hon. W. A. McKcich-iti , demo- rratii- and Independent congressman from the Mft'i district of Nebraska. The warrant for Congressman Me- IColgUan's arrest was svvnrn out by A. L. Hoover last Monday afternoon , and It charges him with Invln ? obtained board and lodgings with the intent to cheat and defraud. Thn warrant \vns plnco.t In the tianiU of Deputy Sheriff Trlmb'.o , who started for Mr. McKclghnn's homo at Red Cloud yesterday morning. Ar riving nt Red Cloud the deputy sheriff learned that the tnan ho was after was at Inn farm , about three miles from town. Thither the officer repaired. Ilo found the const cssman , tervcd the n arrant and with his nrlsonet started back to Lincoln. Mr. MclCtMghau was considerably annoyed at the Lincoln method of collecting u delinquent beard bill , but ho took the matter In as coed givicns he could muster. After a brief i-onsutlillon with his attorney nt Red Cloud , Mr , James Olllam , the congressman and prisoner boarded K-.o train for Hastings , the attorney accompanying him. SfP.lr d AiiiitliiT Attorney. At Hastings another stop was made anil another attorney secured In the person of Chai'lus Tanner. 'Iho officer , the congress man and the attendant attorneys arrived In Lincoln at 8JO ! this mornlnir. Mr. Me- Kclglmn was at once taken before Judge Lansir.g. who granted him n continuance until J o'clock this afturnoon , releasing him on his own recognizance. This afternoon the state's attorney asked lor an other continuance until November o. It \vns u ran ted and the case will bo held until that time. i ho cusu has created considerable talk here In Lincoln , but up to the present writ ing It has not been asserted that the charge \vas broucbt from political motives. The Messrs Hoover , proprietors of the Hotel Lindrll , are ciuiot , unnssuminc gentlemen who confine their business strictly within the hotel limits. Their tiouso has for sev eral years past been considered general headquarters for the members of the pee ple's independent party. The leaders of that party generally make that hostelry t.holr temporary abiding place while in the city..ticICelzmui .ticICelzmui carne to Lincoln during tlio last session of the legislature and remained nl the Lindcll for several weeks. He took a prominent part In the senatorial contest which resulted In the election of Senator Allen , and was himself prominently men tioned us a candidate. Ho had a suite of rooms on the second lloor until leaving for Washington late in February. Ho neglected to pay his bill and all efforts upon the part of the hotel proprietors to iuuuco him to settle have been unavailing. They have finally come to the conclusion that the con gressman from the , Fifth district has no Intention of settling the claim. Hence his urreat. McICoighan was seen at the Capitol hotel this evening by THE BEK corretpondent. By Iho advice of his attorneys he declined to make any statement for publication at'this time. His Attorney , C. 11. Tanner of Hast- Ings , mudo the following statement : ' \\'e were ready to go to trial this mornIng - Ing , but by common consent the case was deferred until tills afternoon. At So'clockwo wcro ready and were very muca surprised when the state asked for a continuance. Mr. Hoover came to us today anil statotl that ho was willing to drop the case , provided wo would pay the costs.Vo refused. Mr. Me- ICelghan has no feeling In the matter and If ho owes Mr. Hoover anything he will pay it. Ho will not pay any bill incurred by hangars on who may have ordered their bills at the Lindcll charged to his account. When the case comes on for trial \vo will knock It out completely. We have the letters with us which will prove our case completely. "Mr. McICeighan does not hold Mr. Hoorcr personally rcsnonflhlo lor this criminal action. Ho believes that Mr. Hoover has been urged into it by unscrupulous friends who are actuated by purely personal and po litical motives. " Suluinncn ot the Defense. Mr. Tanner declined to give the nature of the defense that is to bo made when the case comes up for trial , but from another source , which is perfectly entitled to credence , the following facts are related by the gentlemen who Invited McKeighan to Lincoln- "I wrote to McKulghan , " said the gentle man , "some tlmo before the legislature con vened asklnir him to coiuo to Lincoln. I ex tended a similar invitation to Congressman Kem. McKcIohan came to Lincoln and re mained govern ! aays. Ho then returned to Heel Cloud , settling his hotel bill , which amounted to $11 , before going. lie returned some dajs later and remained at the Lliidcll during the greater part of the senatorial contest. The day ho atartpil for Washington I went with him to the hotel onlce. Ho stated to Mr. Hoover that ho had his January voucher upon which ho could not draw bis salary until ho returned to Washington. Ho stated further that If it was perfectly agreeable ho would forward the money from Washington as soon as ho arrived. This arrangement was perfectly satisfactory to Mr. Hoover nnd thp statesman departed. Some tlmo later ho sent Hoover a draft for 5100. Hoover acknowledged receipt of the money bv letter and added that several of Me- Kelglmn's friends had ordered their bills charged to him. McKeighan know nothing of hills Incurred by the other men , and it is these claims that have brought ou this crimi nal action. Hold * Hoover' * Kecelpt. "McKoighan hulds Hoover'a receipt for the (100 , and will provo on trUl that ho has paid Hoover fill for bis seventeen days at the Lindcll.1' From still another source It is learned that Hoover wrote to McKulghan repeatedly in regard to the claim , nnd that the congressman - , ( , man paid no attention to the let- ) V tors. Hoover thun placed it in the hands of a collection agency , which wrote to McICoighan and threatened to pub lish the story in the newspapers at Wash- Ington. Omaha , Liiroln and lied Cloud if the bill was not paid at onco. Upon receipt of this threatening loiter McICeighan wrote a letter in reply , in which ho indulged in omo very vigorous , if not precisely elegant , lunpuago. A mooting of Iho independent state cen tral committed has been called to meet ir\ Lincoln nun Tuesday , and there U a mani fest disposition to make thn matter a lively Isauo in politics. NTh independent loaders in Lincoln aimounro that they have with drawn" their patronage from the Li nil ell hotel , and they mildly insinuate that the public will hear something drop with one of these kinds of thuds when the state com mittee meets next Tuesday. Hard I.uck of n Tragedian. Walker AVhitesIdo , the young tragedian who tilled an engagement at the Lansing theater In this city last evening , playing "Richelieu" to a largo and fashionable audi ence , found himself involved in a serious dif ficulty with his udvance ngent this mornlnir. .The advance man , Mr , Lawn-nee Heist , went before Justice Foxworthy and socurca an at tachment Hcainst Whltesido's bupifapo for a claim of $100 for back salary alleged to bo duo htm. Mr. Whitoalda spent a greater portion of the day lu endeavoring to straighten out tha matter and only partially succeeded. Suvoral parties L here were willing to go upon bis bond pro viding ho could indemnify theiu against po - ilble loss. But Wulloaide U a long way from homo , and his friends are la the east. He endeavored to sccuro assistance by tele graphing to friends in New Vork , but in tha 11mltod time at his disposal was unable to do o. Ho and his company departed for Ne- braeka City this afternoon , leaving the at tached bagiruge behind. Ha states that he < 9f' ' confident that uU luck wlllucuango within a short time , at h * sees better pro * , potts ahead , I'rnm tlio Police Conn. Itobort Bracken wa * arraigned Ixjforn Judso Water * this morning on the oluireo of stealing an overcoat valued nt f 10 from .1. T. Trotter. Ho was granted a continuance until Monday , nnd In default of ball will Ilo In Jail. I' . M. Hrrrington , charged with selling liquor-on Sunday , catno up for trial this afternoon , but his attorneys applied for nnd were granted the uiual thirty days oxtcn- slon. slon.William William Wcems neglected to take out n hack license , and the Judge lined him f-VTO. "W. II. Sullivan , the transfer man , was ar raigned on the charge of running hi * wagons without a liconte. "Ho secured n continu ance and will toll the court about it tomor row morning Dan Lauor thn recently acquitted asylum steward , was placed in the station on i-om- plaint of hii wife , who charged him with coming homn drunk nnd smashing up the furniture. The police declined to visit the house when Mrs. Lauer telephoned and a nelzhbor escorted him to the station. Ho registered under thonamoof William Dralto , nnd after ho had become sober ho was dis charged by the chinf. The police are making a number of arrests cvory day now for nlleced violation of the ordinance requiring draymen nnd hnckmcu to take out a city license before plying their trade. Ihplr .Mnrrlncon Failure , The divorce docket was unusually inter esting today. Albert U Greenfield , a well known citizen of Lincoln , applied to the court to release him from the tics which round him to his wife , Malinda. They wcro married In Tecumioh in 1SSC , and he says that after they had enjoyed wedded bliss for a short time ho was rudely awakened to the fact that she possessed a fault-llndlng , complaining dis | > osltloii. Ho alleges that aim was so persistent in her scolding that ho was unable to sleep nltrhts , and that she finally deserted him In ISO. ! and went to live with another man , whoso name ls to him unknown. Mrs. Martha Martin secured n divorce from her husband on the grounds of deser tion and failure to support. She was given custody of the children. Mary Hoguo was the third anplicant today. She complains that she was mar ried to her present husband last January , but in twp months after the celebration of the happy event she discovered that ho was a habitual drunkard. He neglected to sup port her and deserted her March last. A flu I r * ut Krem'int. FIIBMOXT , Nov. 22. [ Special to THE BEE. ] Superintendent Smith has received orders from headquarters to have the doors and windows of thoegovernnicnt building barri caded. The news from Washington gives hope that the contract for its completion will shortly bo let. About T p. m. yesterday a masked thief went through the dwelling of Kov. Mr. Chestnut , but as ho was coming out Mr. Chestnut's son appeared on the scene and with a shotgun accelerated his retreat , but could not tell whether he hit his mark. No arrests have been made. A full house is assured for the Knights entertainment in "Damon and Pythias" to morrow evening. Already over 400 reserved scats have been sold. The characters are mostly represented by local talent , and that increases the interest. There are no new developments in the city treasurer complication. The ofllco Is now closed awaiting the acceptance of Mr. Fowler , the appointee , which is yet unde cided. The ex-treasurer has finally made over his property to his bondsmen , and that will likely bo the last of it as far us ho is concerned , it is understood that the bonds men will not settle with the city until ordered to do so by the courts , impelled to that con clusion to protect themselves from further trouble , yet undeveloped. This , of course , will involve the county and school district , as well as the city , and create more or less ex Dense. A good deal of Interest is being worked up hero by Oresrou parties in Oresron prune land , and it looks as if there might be quite an emigration to that country the coming spring. There is a movement by local parties to ward the establishment of n beet susar fac tory , contingent , however , on the action of congress on the questions of bounty and tariff. The trial of Nelson for the burning of Uehlintr'b baru is still on. but will probably be given to the jury tonight. Cnl'ir County' * Murder Trl kl. HAHTIXOTONNeb. . , Nov. 21 [ Special Tele gram to THE BEE. ] After two days of hard work a jury has been empaneled to hear the evidence in the Koch murder trnl. John B. Koch Is charged with the murder of Henry Lansing 6n the Gth day of June of this year. The court room has been literally packed for the past two days with persons anxious to hear the case. The prisoner has secured the services of two Sioux City attorneys and one local attorney. The prisoner looks pale and bleached , having been confined in the jail here since the murder. Ho is a man of but 23 years of age , und Is the son of Her man Koch , ono of Cedar county's prominent citizens. _ I'rtlrbury Improvumonts. F.UKnoity , Nov. ! . [ Special to THE BEE. ] The Falrbury Electric Light and i'owor company is extending its lines and putting in four more arc lights on the streets and three in the Kock Island yards. It is also tittiug up the superintendent's , train dis patcher's nnd other ofllces of the same road with Incandescent lights. Dr. Wilson , who was arrested for illegal voting , on complaint Wright , the defeated populist candidate for sheriff , will have bis trial Thursday. Wright has engac-en : at torneys and will contest the election of Men- denhall , wno had ono majority according tote to the returns wllli i.'attlu Mealing. HASTINGS , Nov. 22. [ Sppclal Telegram to THE BEB. ] Chief of Police Wanzer today 'arrested Mitfe Shea and John Shea of Clay county at the request of the sheriff of Hall county , charged with cattle stealing. For some tlmo cattle have been mysteriously missing from what is known as the Renfrew ranch in Hall county. About forty have altogether boon stolen nnd now the Hall county authorities claim to have uositlvo evidence that the Sheas ran the cattle off through Adams county to Clay and then shipped them to Omaha. There is positive evidence that they made away with nine. llrrarli uf I'romHf Citie , TECUMSEH , Nob. , Nov. 22. [ Special Tele gram to TIIK BEE. J The jury in thu district court now in session here Is out on the lirst breach of promise casa for Johnson county , which was tried today. The case is Dardln- ger ngainst Tobor. James It. Tobor.cashier of a bank at Cook , was sued for $5,000 damage - ago by Miss MaryM. Derdlnger of Jersey- vlllo. III. The ( taso has proven an attractive ono , and the court room has been packed with spectators all day and during the evening. In the evidence for plaintiff ISO letters were read , most of them being of a rather sweet nature. Hnik of Sirluu\leMr | ruylug Claim * . SritiKOViEW , Nob. , Nov. 22. ( Special to THE BEE.J The defunct Bank of Springviow has-paid 05 cents on the dollar to its do posl'.oK ? nnd Kojojver Brown says it will l > y 10 per cent more. ' 1 ho couuty is short about f 1,000 nnd thn commissioners are after the bank's directors for thu amount. They wll probably fall to collect , as thu county treas urcr has failed to keep a monthly account o the different funds deposited by him , whicl the statutes say ho must do. The matter will probably be HOttied in the courts. Vlcuiii ut Diphtheria. HASTINGS , Nov. Si [ Special Telegram to TncBKK.1 Oliiudi ! . the eldest son of W. IL Siiydor. died lust night und was buriei early this morning. This is the secom death from diphtheria here , but it is thought that the disease is checked and will not spread more. Only ono other case i known here , and Hastings scams to bo cs caping the experience of other Nebraska towns. Hank Oltlcent I'.lMctnl. NswMAxGitovE , Neb. , Nov. 22 [ Specli to TUB BISE. ] The Newman Uruvo State bank itockholdcrs hold their annual nieotlni , last nicht. The following o dicers were elected for the ensuing year : J. W. Prim iner , president ; Alex GUnthcr of Omaha vice president ; CharlesSctmvelandcashier H. IL Saaro , assistant cashier , Tlilnvr * 1'ie ' Chloroform. STANTONNob. . , Nov. 22. [ Special Tula framtaTusEiut.j-rLaftl nigut thieves en tero'1.1 M Rhodes" toardint houss , chloro formed the Inmates nnd relieved them of ? lii In cash rnd several watches. Augustus Johns lost about $70. Smnll HIHJB nt I'nlrlinr.r , Runnt IIT , Nob. , Nov. 33. [ Special to Trta Br.E. ] A small dwelling owned byV. . T. Browner burned about 3 o'clock this morn ing. The house was unoccupied and prob ably set on fire. Loss about ? JOO , with no insurance. ItMitovlnc | > HASTIXOS , Nov. 22. [ Special Telegram to THE HF.E. ] Ex-Adjutant General A. V. Cola of .lunlata , who has been very near death's door for several' days , is reported slightly better today , A BUS iO TJIK AllJlF. Appointment of n Ilrlcndlcf tSeiier.il IH - trihntliiR the Ititnklnc Otllcrra. WASHINGTON" , Nov. 2'J. [ Special Telegram to Tun BEE. ] The following array orders wore issued today : The leave granted Second Lieutenant Peter 10. Marguart , Second infantry , is ex tended one month. The appointment of a brigadier general lu the army and the consequent promotion in the line which will result from the retire ment of Brigadier General W. P. Carlln on Friday next are thu . prlncioal topics In army circles. All the colonels of the line nro eligible for the star appointment. The ranking colonel of the nrttiy is Colonel W. H. Shatter , Flrsf infantry , who , in audition to his seniority claim , is said to have the support of Mr. Crokcr , the Tammany sachem. Next in seniority U Colonel K. S. Otis , Twentieth in fantry , who is said to bo the choice of ex- Secretaries Proctor and IClklnt and General Schoflnld. Just before the close of the last congress ho was nominated by President HnrrUon as a brigadier general to succeed General Carr. Congress adjourned without nctlnv on his nomination and President Cleveland appointed General Carltu to the acancy. Following these candidate ? in rclativo ank como in order Colonel M. M. Blunt , Sixteenth In fan try ; Colonel P. T. Swanlo , Vcnty-second ; Colonel H. C. Merriam , Seventh , and Colonel 7. . U. Blisj , Twenty- ourth , It seems safe to assume that if an nfantry colonel is chosen it will bo one of .hose or of the two previously mentioned , 'ho next ofllccr in relative rank is Colonel . W. Forsythe , Seventh cavalry , famous during the war ou Sheridan's staff. It is rcncrally conceded that the selection will > o confined to the officers named above , and t Is even said by persons near the fountain icad of information that the appointment vlll surely fall to cither Colonel Shatter , Colonel Bliss or Colonel Forsythe. The natter will probably be settled beyond con- ecture next week. MACI/EOD WiLL B3 TBIEI . Executive Session of the InrestlcHttni ; Committee Held Ilit livening. The committee appointed nt the last moot- ngof the Board of Education to investigate ho charges against Superintendent Maclcod inld Its first session at the Board of Educa- lon roonv last evening. There was a full attendance of the committee , consisting of Colonel H. C. Akin , chairman ; W. N. Bab- : ock , Rev. J. T. Duryea , J. It. Piorson and B. P. Thomas. Clinton rs. Powell was present n an advisory capacity at the request of thu chairman. The committee attempted nothinir further .ban to arrange the preliminaries of the trial nnd decide on the course of procedure. Vfter some discussion the chairman was di- ectei ) to notify all members of the Board of Education who had charges to prefer aguiust Macleod to be ready to present them by next Monday evening when the committee will meet to receive them. An adjournment of one week will thun bo taken to allow the superintendent an opportunity to prepare Us defense and on the evening following ; he hearing will begin. There were some members of the commit tee who thought that Mr. Macleod was al ready well enough acquainted with tne charges acainst him. These members wore in favor of going ahead with the investiga tion without delay. Kov. Duryea contended that the accused was on trial on serious charges nnd should be given every oppor tunity to defend himself , and it was finally settled as above stated. The committee decided to maico the In vestigation oncn to all members of the Board of Education and to the representa tives of the press , although last night's meeting was an executive session. COOHBAN'S DENIAL. .Statement Mn < ! o l > y tlio City Prosecutor ti Itopiy to Ccrtiilu Accugiitloni. City Prosecutor Coohran called at THE BEE onlce last evening and made the follow ing statement : "In regard to the article in the World Herald of last evening , headed 'After Mr Cochran' it is n tissue of falsehoods from be ginning to end , and the cowardly writer know it when ho wrote the article. He does not attempt nor can he provo n single asser tion therein contained , nor has ho the small eramof honor which would prompt an hon est man to make known the source of his in- fonnition. His purpose was to put me in a bad light before Mayor Bcmis and to make the entire police force my enemies. The writer of the article Is owned , body and soul at the price of free drinks , by a small coterie of ghouls who threatened two years ago to blackmail mo out of ofllco. "Every line of thn article which appeared in TUB EVENING BEI : of the 21st under the head 'Cochran Was Cranky' is unqualifiedly false. That part of the article to which I take most particular exception is that which reports me af saying that all policemen when on the witness stand were liars , und that I did not behove any of them. The purpose of this statement was to prejudice the entire police force against me. The fact is a lar o part of the police force have as conscien tious a regard for the truth as have any other class of persons and I have never entertained an idea nor uttered an expres sion to the contrary. " IVdrruI Court Nntrg. Judge Dundy neard ngain from the grand jury last evening , and Frosted Bear is n happy Indian , Ho was charged with the inuidar of Little Stallion , but the jury found that the evidence which , was wnnlly circum stantial , wi.s not suDlcicnt to justify u trial and did not indicate Frosted Boar's guilt. The prisoner was * released soon after the failure of the Jury to indict-him .was made known to the court. The | ury in the case of Henry Chamber lain against the Middlesex Live Stock com pany found for the plaintiff and llxed his damages ut fo,440. The defendant will appeal. 1'oJny the court will bo occupied with the casa of Mrs. Catherine Beard of Omaha against the Mutual Reserve Funa Life asso ciation. Slit ) sues on a policy issued to h r husband for > ,000. Payment is resisted on tbo ground that the policy had lapsed on account of nonpayment of dues and on the further ground that the policy was secured by Oeonro H. Board through misrepresenta tion us to his habits and physical condition , Mr. Board d'ed ' October a , Ib'JJ. o riukxrtuu VIHIH Umalia , William A. Pinnerton , chief of the Chicago branch of tbo Pinkerton detective agencies , was in the city yesterday on his way to Port landOre. Mr. Pinktrton came down from St. Paul on his way west und stopped to visit with Chief of t'ollco Seavoy fur a short time and to learn all ho could aoout Bank Swindler Coniuld , Ilo thinks Coftleld 1s one of u gang which has been working the country in this manner. This gang has its headquarters in Now Vork and is suunosud lu havu all over the country at tha preseut ttuio. Ha complimented thu Omaha unit-era for the capture of this man and also for their work in assisting in the tracing and identification of the Wilson boys. Mr. Pinkcrton has been attending a trial of the tram robbers in Wis consin , whom his men arrested some time ago , und is no\v making a tour of inspection of the Pinkerlon agencies throughout the west , DeWltt's Witch Hazel Salvo cures sores. DoWill's Witch Hazel Salve cures ulcers. a Ditturb inre. Harry Walker * a "baker , raised a disturb ance In BaliiufTs bake shop yesterday even ing and was arrested for disorderly con- duct. Ono word describes it , ' 'perfection. " Wore- ertoDe'tVltl's Witch Hazel Sal vo.cures piles. r > iinr r'irn ninnT TM PTOA\TO SUPREME COURT DECIS.ONS 1 ' rt Stata losis I s Sti't to Anp.nl the Atcbisin & Nebraska's Charter. GREAT VICTORY FO jJjE BURLINGTON HlRhrn Trllmniil ol tlio Sluto Itc Itself In Order tn rimM rtv , > rnl > lo to the Couipnnjr Jiulgo Jluxwrll 1)1 - tenU Other Opinions. LINCOLNNov. . D-J. [ Special to Tito BEE ) The supreme court decided a case today which has been pending since 1SS7 , and whliJli In many roipects Is ono of the most notable over reviewed by that tribunal In its history. Thocaso referred to is the ono instituted In 1SST , 1 > J Attorney General Loose , to forfeit the charter of the Atchtson ft Nebraska llailroad company because of Ita illegal consolidation with the B. & M. The opinion today dismisses the case. The dismissal Is likely to create something tn Lho way of comment , for the reason that in dismissing the casu the court prac tically reverses Its own opinion In tlio S.XHIO case delivered , nvo years upo. Then the court decided , without a dissent , that Lho Atchison ifc Nebraska was a cojipcln line with the B. & M. , and as such rame within the meaning and intent of the con stitution which prohibited the consolidation of competing linos. It was alsD decided by the court five years ago that the laaso be tween the two roads was void. To Jay the court decides , Chief Justice Maxwell dis senting , that the Atchison road U not a competing line , : utd that oven if It was the interests Involved are of too great a magni tude to permit a forfeiture of the charter. History ot tlio C.irc. This case was originally commenced by Attorney General Lseso in 1S3" . On December - comber 'J of that year tic commenced quo warranto proceedings In the supreme court to declare void the loaso.by the Atchison & Nebraska railroad of its line to the U. & M. In his petition Attorney General Locso cited the folio wine facts : That the Atchison , Lincoln 5 : Columbus UMlroad company was Incorporated on April 25 , l ! > 71 , and that ou August 13 of the same year it was consolidated with the Atchison & Neoraska railroad and assumed the latter name ; that by the aid 'of 5300,030 In bonds voted by the taxpayers along the line of the road in Neoraska the company completed its line to Lincoln on January 15. 1ST1- , and from that date until January 1 , l sl ) , operated ana maintained it as a competitor to the Bur lington & Missouri Hirer Kallroad In Ne braska. During ttieso years , alleged the attorney general , there was a strong compe tition octween the two lines , resulting in reasonable , but low rates of charges for freight and passenger traftie. But , according to tlio information filed by the attorney ceneral , this happy state of af fairs was abruptly terminated on January 1 , ISbO , at which timotho Atchison &Ncbr.iska company , "disregardine its duties to the state and to the public , unlawfully and willfully entered into an agreement with the Burling ton & Missouri Hirer K : ilroad company. " etc. , by which the two 'ro.nl s were consoli dated under the same management. As a result of this consolidation all competition was destroyed in the southeastern quarter of the state , and all grain , stocic and other classes of freight which formerly were shipped to the south were diverted to the northern route. Whereupon the attorney Koneral prayed the supreme court to declare forfeited all the rights privileges anil fran chises of the Atchison & Nebraska. , The attorneys for the deTendant company c'amo into court wlthia demurrer , claiming that the facts stated in the information were not sulUcient to entitle the state to the relief prayed for. This demurrer was over ruled. In writing the opinion Chief Justice Maxwell reviewed , the case completely and his opinion is worthy of being recorded upon the pages of the history oCtne sluto. Consolidation Prohibited. Chief Justice Maxwell quoted section 3 of article xi of the constitution of Nebraska , which states explicitly and in unequivocal language that "no railroad corporation or telegraph company shall consolidate its stock , property , franchises or earnings , in whole or in part , with any other rail road corporation or telecraph company owning a parallel or competing line. " Commenting upon the above section the s'aidThis is absolute chief justice : an pro- hlDitlon against a railroad corporation con solidating its stock , property , franchises or earnings , in whole or m part , with any other railroad company owning a parallel or com peting line. The word 'consolidate' is hero used in the sense of join or unite. The con stitutional convention aimed at practical re sults. The character of the title of the par ties operating a railway is of but little mo ment to the general public , while the re quirement that different roads shall continue to bo competing lines , as when they worn constructed , Is of thfl utmost importance to all. The law cannot bo evaded , therefore , by substituting a lease for a deed of convey ance. * * * As t ) what are parallel roads is not now before the court ; but that the de fendant was a competing road is alleged In the Information , admitted in the demurrer and clearly shown from the records. It was therefore clearly within the inhibition of the constitution. * * The court will not , in the first instance , however , declare a for feiture , but the lease will bs declared void. " llovorrtiiifr Its Own Judgment. The above opinion was filed during the January teim of the year. IbSS. The opin ion that the Atchison & Nebraska railroad was a competing line with the B. & M. was assented to by Associate Judge Cobb and Chief Justice Hceao. U has remained for the present court to practically reverse the original opinion expressed live years ago. The opinion handed down today was written by Commissioner Hyau. It merely adopts the findings of the rcforeo , Mr , John 11. Ames , who , by a system of reasoning pecul iarly and entirely his owa , establishes the fact that the Atchison & Nebraska road was practically a prolongation and continuation of the B. it M. Mr. Ames arrived at this conclusion by asserting that inasmuch as the B. & M.'s branch lines from Crete to Beatrice and from Lincoln to Nebraska City were not parallel , but divergent from the main line from Plattsmouth to Kearney , hence the Atchiscn & Nebraska from Atchi son to Lincoln is not a parallel line with the B. & M. , but a divergent line , and consequently quently a prolongation or continuation of tbo main line. Commissioner Hynn concludes his opinion by saying : "It may bo that these points [ tha state's exceptions to the findings of the referee ] arc well taken and that this case might bo disposed of upon the presumption I'ontcndod for , The niaciiUudo of the in terests involved * * \-r * Denied w require that technicalities shaWd.hu avoided as far ns possible. " The ? uscIsdismissed. ( It may bo needless to remark. hu\vover. that JuUgo Maxwell dissents frO"m"tho opinion of the majority of the court. * * ' Opinion * ol * itio1 Court , Syllabi of tbo oplnioaq.banded down today nro ; , . , , , . Husscll against ( Jiileapie. Error from Hed Willow county. Aniniuid. Opinion by Mr. Commissioner Uiiranji ' Them l > elnenodl > puWdiluestloit | of law In thUcusu and-tlio rerdiiitdt Uio Jury bolng In till respect * In iiccordivmv .with tha evldunco , the judgmental the Ulj tl j court Is alllriuoU. Schrlder acainst Tlglvi. j.Krror from Cass county. Affirmed , Opinion by Mr. Commis sioner H.van. i . , . The holu question oresonU'd In this rase Is , whether or not us airanPrnHiUIIni ; cn-illlors n chiittol mortiMgu mudo by n judxmimt. de fendant to pliilntln In error wus fraudulunt , lliu vonllct of thu jury hUpportud by com petent uvlduncu , Is coucluilvu of thut nues- tlon us ono or fact. State ex rel Attorney General against Atcbison Si .Nebraska Hallway company , quo warranto. The , exceptions to the re port of referee overruludant ) information dismissed. Opinion by'Mr.Commissioner Ryan. < % . In quo trarrantu proceedings ( o duclnro void thr leave by defoiuUuv ofiln line ( o unotUur rullroud company , nud to annul u iili.i < iutjnl deed of defendant tnHuldJeasuu , L > r which 10:130 anil deed It watcUluiud Hint a consolidation had Dt'on effected of parallel competing line * not forming a continuous line without break of RUUKU or liiturruDtlon , It u hold upon full consideration of all tne proof * uuon which was nmtlu up tlio report of tlio referee , that each of hl > Undlnxvof fact and conclusion ! of law. ad- vursuly to the material averments of the In- formation , I * correct Chief Juillce Maxwell The uroiiN nnd tlio reiwrt ot the reveroc bolnir adverse to eixoh mnli-rlal nllozntlon of the Information Midi Information IsdlimUscd. I'lilcf .1 ml lee Mixwell ( HsscntliiR. Inmklne .MniulmniiH. State ex rel Oalllcjhcr against Holmes. Error from Douglas county. Affirmed. Opinion by Mr. Justice Norval. 1. Mandnmiis cannot bo Invoked for tha pur- po > e of correcting errors commuted by a < * ourt or other tribunal oxercUlnR judicial functions. 2. Tlio appropriate nnd proper tomcilv for rovlowliijt dgclstoii of n jtntlco of thu peiico In Rrantlnj n new trial oil ihcgrounilnf fratiil , partially on utidlio means. Is Uio orillnary ono ot n petition In error to the dlstrlctcourt. Hoh npalnst Vitcra. Error from Butler county. Motion to dismiss sustained. Opinion by Mr. Chief Justice Maxwell. 1. An order of the district court vai'-itlng Us own judgment rendered by dufiuilt and per mitting tin1 defendant toutuwer nt thu salno term nthlch the judgtncnt Is remU-red Is not 11 Html orclur. J. A-niotlou to vncatbii jndsiiienl mu t as- sltfti n-asom for thu propo nl urtlon of the court , but If the causes uro sot forth In nn nc- ( 'oinit.invltijt p.ip T iinil submlltud to tlio court In that form nnd noted upun by It , a reviewing court will not deiMnro Us ruling tlieroon void although It may bomm " "otiH. 3. A iiiMukclii the third point In the sylla- bin In llaiisun tigiilnst Il''niu st , 0 Noliriisku , 200 , curreolcd hy Mlbnilttliii ; the woids "oxe- uution and" for JiuUnient. " Wagner against StcQIn. Krror from Ougo county. Affirmed. Opinion by Mr. Jv.s- tleo Post. 1. Ono who purchases personal proocrty with unowlujgo of u prior unrecorded inortsiigu thiToon takes subject to tlio lien created by such mortgage. J. Kvliloncu examined nnd held to sustain the liiidliig tliiii the Dlalnllir who claims under u bill ot sain of personal property had actual notice of ; i prior unrecorded mortgage thereon. Bush against Bank of Commerce. Error from Johnson county. Affirmed. Opinion by Mr. Commissioner Hynn. 1. An amendment of nn answer to moot the proofs was properly refused when such umi'mlmciit taken In connection with thu other averments of the answer , oven If clearly proved , CuiMtltutod no Uefonso. 1 ! it here a motion fora now trial was pro- dieted upon the allexod prejudice of tlio JuiUo to whom a trial ot the case had been hud It vras not error to overrule said motion where thoru was no proof to support Us allegations. 3. After Introduction of the evidence the caio was taken -uiiilor ndvl < oiiiont for four days by the county judge to whom It had been trk'd , mill on tin ; fourth day the defendants npDc.irud and moved for leave to amend their nnsnor to conform to thu prool.s ; and It ap pearing that the note upon which thu suit had been brought could not be found , thu parties stipulated that ucopy should bo usud In evi dence ; held , that oven If It was error to with hold judgment for four days the nbjvo facts Hhow that tin ! case was not finally submitted for judgment until the fourth day , being that upon which judgment was rendered. Conway asalnst Iloberts. Error from John- sou county. Affirmed. Opinion by Mr. Commissioner Higan. Hy the provisions of section 530 of the Coda ot ( . 'Ivll Procedure n debtor resilient of this state the head of a family and encased In the hililncss ot agriculture Is entitled to select and hold as exempt from execution "a pair of her > es , " he may oxerclso his own discretion In thu selection of such lior.sLH , and Is not limited toauy particular liorsus. but may makosuch selection from any hordes owned by him. About I'.iymont of Taxes. Dixon county aualnst Beardshoar. Error from Dixon county. Hovcrsed. Opinion by Mr. Justice Post. Where one pays nn illegal demand for taxes with full knowledge ot the facts which rentier .such demand Illegal , without any urxunt neeossltv Ihurofor. siirh as the tnreulGnod Immediate --el/.lire or bale of liU propany , suoli payment will be deemed voluntary and cannot bo recovered In an action at law. Dressen against State. Error from Cherry county. Reversed. Opinion by Mr. Justice Post. l.InordcrtosustattHwonvlctlon torn felony on purely circumstantial uvlduiico thu clr- cuin tancos pointing to tlio guilt of thu ac cused must bj of so conclusive a character as to exclude every other reasonable hypothesis. 2. It Is notsutliclent that the circumstances when considered to etborcruatea probability , although a strong one , of thu guilt of the uc- CUsCll. 3. To .sustain a conviction for murduror manslaughter the corpus delicti must lie es tablished beyond a reasonable doubt , and whnti thn plri'MlimtnniMM relied oil In nrnvn that death was caused by the criminal act ot a person other than the deceased aru consist ent with thu theory that death was produced by natural causes thcro Is failure of proof. 4 , Evidence examined and held not snfll- , clcnt to exclude thfa hypothesis tliat death was produced by natural causes. Holmes acainst First National bank of Lin coln. Error from Lancaster county. Opin ion by Mr. Chief Justice Maxwell. Re versed and remanded. A blank endorsement of a negotiable In- Htiument baforu duo whore the transfer Is to a bona lldu holder In the duo cour.so ot business establishes a liability which cannot be varied by narol evidence. Hut between theorlsln.il parties a blank endorsement may bo modified by parol. The entire transaction may bo bhowu by reason of which the endorsements were made , and p.irol evidence Is admissible for the purpose of proving the same. Mny I'mfcr Creditoi . Farwell against Wright et al. Error from Buffalo county. Affirmed. Opinion by Mr. Commissioner Uagan. 1. A debtor In falling circumstances has a right to secure or pny In full a portion of his creditors to thu exclusion of olhrrs , ami whether In so doing ho U actuated with a fraudulent purpose Is a question of fact and not of law. Kllpatrlik-Koch Dry Uoods com pany against Mcl'heeley. 37 Nob. 2. An Intention on the part of a debtor to dcfrau I cannot bo inferred mirely from Iho f act that ho desired to and did prefer certain creditors. Jonus ugalust Loree. 37 Nob. 3. An attachment musistaml on plaintiff's cause of action as It existed when the atlldavlt for an attachment was tiled and tlu writ Issued , and If the plaintiff at the date of the Issuing of the attachment does not own the claim for which ho .seizes the defendant's property ho cannot afterwards , by purchasing Mich claim , assert It by amendment or other wise against the property .seized under thu at tachment hy virtue thereof. 4. Whore a pliilntlff brought suit , alleging us a cause of action his ownership of certain notes then past due , made and delivered to him by defendant ; and at thu same time ( lied nu alllduvlt for attachment. In which such notes were made thu basis of such claim against the defendant , and cau d tlm prop erty of the defendant to be seized under such attachment ; ami It afterward appeared that plaintiff was not the owner of said notes or any of them at tbo time of bringing such suit ami instituting such attachment and seizins said property : hold , that the attachment should bu dissolved although plaintiff , utter thesel/ure of defendant's property , became the owner of said notes and owned tliem at the tlmo otthu hearing of the motion to dis charge the attachment. Moline , Milburn & Stoddard company against Novillo. Error from Cass county. Ho- versed. Opinion by Mr , Commissioner Hyan. After the expiration ot a lease to a r-tall dealer In agricultural Implements somoot the Implements were permitted fora tlmo to re main In the room wherein the business ot said dealer had ( men carried on , after which said Implements wuro turned oiur to the plalntiir In error ; held , thut these facU did not render liable thu plaintiff In crrnc. for the storage of said goods after thu expiration of the term of the Icaso , even though In Huld re- tall business the lessen had been the agent of tliuplaintlir In error , such relation liuvlnj ; bsun disclosed by said lessee or at all act'd upon by the lessor. Omaha Fire Insurance company acralust Maxwoll. Sharp & Hess company. Error from Madison county. Affirmed , Opinion by Mr , Justice Norval. A motion to dismiss a petition In error on the ground that the record shows that the order sought to bu reviewed was entered hy consent of parties will not be entertained hy this court when notfce of the motion has not been Nerved prior to the expiration of the tlmo Uxcdby rule vllt forsorvlni ; briefs In the case. 2 , A party cannot predicate error upon the overruling of u motion fora now trial by thn dlstrlctcourt where such order was made in pursu.inca of the written stipulation of all the parties. a. An order or judgment which Is entered by iizreoiiioiit of parlies anil not us the decision of thu trial court will not bo reviewed by this court. Rm < u > ! nt nl niralnst fiillesnle ; . Error from Red Willow county. Affirmed. Opinion by Mr. Commissioner Itagan. There U no ijui'stlon of law Involved in this case , and , thu verdict of the Jury bolngtho only ono that ahoi'ld liavo been rendered on tha testimony , thu judgment Is ulllrmcd. Validity of Vurbal Oontr.irU. Powder Hirer Live Stock comnany , against Limb. Error from Stanton county. Re versed and remanded. Opinion oy Mr. Justice NorvaL A verbal contract to bo void under the first claiiso of suction 8 of our statute of frtuidv , must bo one that by Its term U nut to bo per formed within ono year from the making thereof. Tlio statute doex not refer Ui such contracts a * may possibly or probably not bu performed within thut time. 2 , An oral agreement entered Into In Octo ber , 18BO. for thn sale and delivery by plulntltf to defendant of a quantity of corn of more than $50 In value , by. the terms of which the seller wa * to receive the market price paid for corn In the county on any day between the tlmo of delivery nml May , Iflfll. Is not wltliui i ho elftlilh spctlon of our statute of frauds , slncp performance within onn year Is possible. 3. fmlpr section 0. chapter xxxll , 1'i.inplled Htntuti'.s. iin oral contract for tlio s lc anil delivery of personal property of over $50 in value , no prut of which has been ncrpptpd or received by the buyer. Is Invalid whom no part w thiM'Urchiiso tiion > > y wnsp'ild til the time the contract was ctitcrvd Into nnd whom no note or memorandum of the contract was m.ido In writing and subscribed by the pirty to iw charged thereby. 4. A deilu-ry alone uy the vendor U not suf ficient to take llm contmct out of the stat ute , but then1 must also bo a receipt an I nc- ri'plancoof the thin ; ; sold by tho\eiul'-o to liave that effect. 0. hi an net Ion upon a contract within the statute of frauds , the petition must state facts , tnkltnt the contract out of the statute , orthn _ pleading will bo dcimirnihlo. 0. I mler a general denial of the allocations In a petition upon n parol ngrveiniml for the s lie and delivery uf personal property , voM unuor the statute , the defendant m-iy avail Himself of the itufcnso that uch acrecment Is linalld under tlio statute of frauds. 7. 1 ho ceneral a cent and in.master of n cor- piiratlon carrying on the business of raising and feedlnc of cittlo Is presumably empow ered to purchase feed for the stool * bcloiutmt to thn corporation. 5. A party cannot recover upon a quantum mprult wli-ro ho pleads and relies on the trial solely upon n special contract 0. This court will not reverse a Judgment for the giving of an erroneous Instruction when It appears that the party complalnlnit was not piejudlced thereby. 10. It is reversible ornir to rcfuso an In struction coiitalnlng a covered proposition of law applicable to the Issues In the case where the principles of which have not boon covered by tliiicbareuof tlio court. Huckford Insurance company agninst Max well , Sharp & Koss compitiy. Error from Madison county. Affirmed. Opinion by Mr Justice Norval. Thu iiuesllom prc entvil being tin-satno as In the case of I ) nulri 1'lre Insurance company lu'alnst Maxwell , hlmrp te Ho s company de cided herewith , this case Is alllrmed. U'uiit ot I onsliluriitUiii. NVagncr against Lewis. Error from flasrc county. Aninncd. Opinion by Mr. Chief Justice Maxwell. Onu I. solil his fimu for $4,000 In notes of third parsons , the purchaser to assume an In- ctimbr.inco on liio farm for about JJ.500. The plalntiir eliarsed that the pinchasiT of the farm had made roiiresentatlons that thu notes weiu good and that ho relied upon thu same , which representations untriu' . The notes proving to be nearly worthless the \ondorof the farm tendered them back and asked for a rescission anil tint the title of the farm bo re- conveyed and quirted In him. The court be low having found In hit favor , bold that the Judgment was right ami Is alltrmed. City of Lincoln usrainst Grant. Error from Lancaster county. Reversed aim remanded. Opinion by Mr. Justice Post. Although tbo right to recover for damaccs to private property Is reserved by lliu consti tution , it Is within the power of the leglslaltno to regulate the remedy and prescribe thu forms to bo observed In order to enforce that right. The only limitation upon the power of thu legislature In that respect Is that the rcx- ulitt Ion must be reasonable and provided by general l.uvsof uniform application. 2. The piovlslon of section : ii ot the charter ot the city ot Lincoln , that In order to main- lain an action asalint said city for an un liquidated demand tha clalnmit shall within three months from the time sir'h right ot action accrued Illovtlth the city clerk a state ment of the tlmo , place and circum stance of tlio Injury or Uiunugi' . Is a reason able exercise of the legislative powers. 3. The Illlns ot the required statement U In thu nature of a condition precedent < ind must bu alleged and proved In order to maintain an action In such cases. Morrisscy against Chicago. Burlington & Quincy Railroad company. Error from Johnson county. Alllrmed. Opinion by Mr. Commissioner Ryan. Where the gravamen of plaintiffs action was the alluucd negligent , liiiproperanil care less construct I. n ot an embankment , from which resulted thouverllow of plaintiff's land. It is proper to presume In the iilxcnceof any r roof on the subject , that said umbaMKineiiL was for railway purp-nes , properly con structed. 2. A water course must bo a stream In fact as distinguished fiom mcro surface drainage rendered necessary by freshets or other u.\- traordlnary causes , thousli tlu How of water need not hcconstanl. < Polio win ? dcllnltlon bv .Justice Maxwell In 1'ylo agalmt Itlchnrds , 17 Nebraska , 180. ) ttallruntl Company > 'nt Itosponsiblr. 3. The term surface water Includes such as Is carried oil by surface dralnazc , that Is , drainage Independently of a water course and , for the construction ot aiicmhanluiiont proper for railroad purposes which ilollects sucl > sur face water from Its normal course , a railroad company Is not liable in damages to the pro prietor of neighboring lands thereby Incident ly overliowed and Injured. Waterman against Stout. Appeal from C.iss county. Affirmed in part and reversed in pirt. Opinion by Mr. Commissioner Ryan. The mechanic's Hen law requires that a con tract for material , labor , etc. , for the Improve ment of real property shall bn undo with thu owner thereof or hlsacent. A tenant , as such , has no power to contract for labor or material so as to affect with a mechanic's lien the real property leased to him. 2 A person furnishing material for an Improvement - provomont on real estate must take notice of the Interest and title In thu premises of thu person with whom ho contracted as slnwn by thu public record , as his lien for labor and material , aslilo from the improvement Itself , attaches only to such Interest. ( Henry & Coatsworth company against Hond , oo X W. Hep. , 043) ) . State ngainst Hughes. Exceptions from Gage county. Exceptions overruled. Opin ion by Mr. Justice Norval. lu an indictment for selling or transferring of mortgaKed'personal property It Is necessary to allege thn name of the person or corpora tion to whom such s ilo or transfer wa.s made. 2. It Is not sufficient In such an Indictment to allege that tlio sale wiisinado without the consent of the mortgagee , namlnz dim. To constitute the offense thu sale of tno property must have been made by the mortgagor during the existence of the mortgage lien , without thu written consent of thu owner and holder of the debt secure 1 by the mortgage , and the indictment must so charge. Lundcrcn against Eric. Error from Douglas " las "county. Judgment reversed. Judir- mcnt of dismissal vacated and set aside and cause remanded for further proceed ings. Opinion by Mr. Justice Norval. In the district court , on motion of defend ants and In absence of thu plaintiff and his at torney , the suit/ was dismissed for want of prosecution. On the samu day counsel for plaintlll' , as soon as ho learned of the order of dismissal , moved to set the same aside ami re instate tlio suit , siipuorteU by allldavlt , which Is unconlradlcted , showing that ho was not guilty of laches In fallln ; to appear ami prose cute ihn cause when culled for trial , and that plalntiir had a meritorious case. Held , that the showing was sufficient to entitle plaintiff to have thu judgment of dismissal vacated and the case reinstated. 1:001 liu > Work. E. E. Ferris , esq. of Adams county , was admitted to practice. State ex rel Stewart ngainst Ilontou ; leave to respondent to Hlo answer. Sounenschcin against BarteU ; leave to plaintiff to file briers on motion for rehearing. Rlttonhouso against Bigulow ; cause ad vancud. The following causes wore continued : Skinner against Commercial Batikln : : com pany , Solomon against Uevnolds , Brown against Trenton , Pitney against Draper , State ex rol Stewart against Ilonton , Probst airainst Probst , Hall against 1'lerco , Walker against Swecnuy. Seaman against Brummltt , Smith against Tuttlc , Kllpatrlck against Schauflo. The following causes vrere argued and submitted : Thomas against Franklin , ou motion ; I. .t W. P. Culburtson company against Wildman. True against Bullard , At- vrood acainst .AtwooJ. Vail against Van Doron , Fleutham against Stewart , Leach against Renwald , Burlmgim against Ba- dcrs , Hastings against Foxwortuy , Kaposs against uuming county. Court adjourned till tomorrow morning at 9 o'clock , when the Fifteenth district and the foot of the docket will bo called , TU HUILD UP both the flesh and the btrcugtb of pale , puny , bcrolulous chil dren , get Dr. I'iercs's Golden HediciU Discovery. It's the best thing know n tor a wasted body and u weukcnul system. It thoroughly purifies the blood , enriches it , and makes effective every natural means of cleansing , repairing , and nourishing the synteni. In re covering from " La Grippe , " pneumonia , fevers , or other . debilitating diseases , nothing can equal it a an appetizing , restorative tonio to bring bark health and rigor. Cured nervous und general debility. Purify und rid your blood of tbo tafnU and jxiisons that make it easy for disease to fasten its hold. The ' Discovery " is the only blood-cleanser , Bebh-builder , and trenKth-re8torer BO thor ough in its elfects that it can bo uuarantetd. If it doesn't benefit or cure , in every cass , you have your money back. There' * no uncertainty alxwt Dr. Bage'a Catarrh Remedy. Its proprietors will pay you JiOO cash if they can't ' cure your Ca tarrh , no matter Low Lad TOUT cose. ARE SAFE FOR THE WINTER Word Received fr jm tbo Heart of t'aa Montana Mountains , CARLIN HUNTING PARTY WELL SUPPLIED r.llort In Hfuch Them \Vlll HP ttniowcil So Soon nil the Nnnw llariirnn t.oU Nlnirod * ( 'nniplng with n Couple of I'rrnrli rro prcl < > r . Four Missoi-n , Mont. , Nov. 2J. Xowi has just been received th.it n nmii named Larson , living near I/io , claims to ti.ivu camped with the lost Carlln hunllim party about three weeks n o on the middle fork o ( tlio Uleanvnter. The Carlln party , Utrsoii says , \\oro with a couple of French boys who have u prospect there and were well sup plied with food for the winter , having .VX ) pounds of Hour and plenty cf meat. The rclli'f party frum the fort can only re turn by a.v of the trail mul nil transporta tion will bo loft where It is until spring , as It is impossible to'trot it out this winter. Major McKlbboi ) , the ofllcur In charge at Fort Missoula , says that although Larson , \ \ ho claims to have soon the Onrlln party , states that youuir Carlln and his friends are well supplied to winter in the Clcanvator country , every effort will ba m\dcxto : find th ) party. Xo immediate notion , however , will bo taken until further advices are ro- colvud from General Carlln. A member of the relief party says that , it Is too $ arly to neain make the attempt , as Iho snow Is too soft for snowshoe travel , the only way in which it Is now hoped to reach Catlin and his friends. The Idea ot rellof by the way of Schosen has been abandoned , and all energies are directed to gottltiR the relief party safely back These who went over the summit and into the valley have had such a hard time In consequence of the storms and deep snow that their own lives have been endangered. They have lost nearly nil their animals and It will ho hard work to net them out without loss of life. TT/\PI cM'nirtni1' t m ! > / < mi HUM StRVICbABLii COLOR. I'AMIIOX AND KCO.NOMV HOTII AT- 1'KOVK Itl.AUU Ul.oriHMI. An Kuiyiy at Ilninc-Di clni : Cot ton , \Vmil , .Silk , unit Neither * Itendily Cii'nreit A Iliiudtiiniu ltlncklj'xu Only lllaiuoint Dyes Alxnlutuly I'aU lllack. It is only within the last low years that it has boon possible for an inox- perioueod person to dye n. black that would not crock , fndc or wash out. Kven tnill-dyud black yoods wore nvroly absolutely fust. The nuvciit of three diamond uyo fast blacks , for wood , for cotton , tiiitl fur silk und fni.thors , has druiycil all : hlf. Now , with a ten cent ptickti o of ono of these dyes , the llrst trial yivos perfect success. The directions on the paekngo ate so plain and siuiiilo thul even a child can got better results than the experi enced uyor could n few years apo. The enormous quantity of these fast black diamond dyob sold every year , shows how popular they arc and 'dint perfect satisfaction they givo. Some of Unj Inrpnr wholesale "druggists order GOO ) packages ut ono time , and even then they soon have to order fresh sup plies. Tlio urovailln ? fashion for b'.ackatonk- ings , fe'ithors. povyns , and clo-ik-a is un doubtedly responsible for como of thii larpe sale , but the fact- that anything can bo colored with diamond dyes a black that will not crock or fndo , ex plains their almost universal use. The economy of these dyes is shown by the fact that a package of thu fast slocKing black for cotton will dye live pairs of cotton stockings a rich black : n pucka go of the fust blnclc for silk and feathers will dye ton feathers a glossy color ; and n pucRagc of the fast black for wool will dvo from one to two pounds of woolen goods. The peculiar way in which the diamond mend dye fast blacks are made , gives thorn n preat superiority over all other methods of homo dyeing. There are some forty other colors of diamond dyes , each ofvhich is thor oughly reliable , and as superior to imi tations as s-inlltrht is to moonlight. IHDAPO TIIK CIUVT HINDOO REMEDY lUODl.Cl'S'TJIK AHOYK _ HOI'l/rrt IN CI 1 VVS. Cllli-.ull St.rvoua UIa iFalllni ; Memory , * .SIfeplfiniiiei * , U i'alcm vti. etr. . - tlilv ( jut lun-ly ntoin l.u.t 1 linllij' inalilci huMly rtirrleilln Tf > t | > iket. rrlrrfl uoj Pf.rit r Six fur il. ] > .IIO t.llti u irrlttrn uiiumiiti-f t < euro or riQJu-y rrluiulril. llun'l let nny iniirlli'lilFd | | ilmi ; l < t > ll > ou aiiu kiild of Imitation. In.Nl on liitrliiR 1M1'O. . If liQlinmiot itwt It. no III rrnd Itliy mull up" " I'-ftlpt ot Mice , rninphlrt In nfnlf-J rnvelopo Tree. Aildri-KS Orlcntut MvOlciil Co. f'rvpn , IMiU ace , 1 11. . or our oarnl * . BOLD I'jr ' Kulm.t Co .Cor. lillmnil lioiiKlmiiSU . a-il J A. Kullrr&Co , Corlllli.Vlioii2lii > KililAiiAi liyl'nnl II. Kohnolilc-r , 621 Ilnnut y .t 0 1'rail bU COUNUII. 111. UH-S , anil l.rnillnf Ilruntl'tt. Brain Workers often work too hard nnd too long. Then comes dyEpepala , Inboiunlu , nervous prostration. Hut not If Xvrvc Henna nre used. They nro purely vegetable and of marvelous po cr. "A box is enough. " All drogcist1) ) , or by mull SI. NERVE BEAN CO. , BUFFALO , N. Y. A O.YHI > . Owliiir to tlio Btrln < roncy of the times , I have reduced my regular ohanros to cash patients to exact ly ono half of the nrlntod cculht's fee bill K. T. ALLEN , M. D. Eye nnd Kur Surjreon. Koom-01 I''ixlon IllOL-U , liith am ) Karnum 11 Lit V B UljAnil all thu train ot KVll S. WKAKNKbSEd. UKI1IMTY. KTC' , lliut ai- uoinp-uiy them In inuii QUICKLY and i'BKllA- NKNTLY CUltKI ) . Full 8TKKNOTH anil toiiu irlvuu toevrry pirt of DID bo'ly. 1 will HCII ! | HI- cnrcly p.ickt < xl ) FUKK to uny HuttVrur Ihu pruHurlp- llon thateurod moot thuio iruabltM. AdOn-m U U. WHIRUT , MU8lo Dealer , llux l.'Jj'J , Maralult We ntll MDd you tht ro rr ; < ju ; Vrinch 1'rtp.rmon CAUTHCI3 ' f rr . nil a l il guarantee IU 1) ) lAI/l'UUS will lUilon , your lluultli , MtrnutfUi auJ Visor. L'it it end favtftat'if.eJ , Address VON MOHL CO. . Mtl. Oklo. Thomaiil'.HImpson.Wnfhlnstou l ) . U. No nUoriiBjr'n fee until paltml ohuliiod. Write for Invonlor'd Qu.dn ,