davidaulloa/AmericanStories huggingface dataset:
Omaha daily bee., 1897-01-23
South Omaha News

Work at the government microscopical de-
partment has increased so rapidly within
the past few weeks that additional micro
scopists have been sent up from Kansas City
to help out the present force. A week or
two ago two young women were sent up from
the city on the Kaw, and yesterday two
more arrived.
Just why selection of women from this city
and Omaha were not made instead OF im-
porting help is a question that has been
asked the government officials here Such
orders come from the headquarters OF the
department at Washington, and no one at
this station can satisfactorily answer the
question. All that is known here ls that
the young women were directed to come to
South Omaha and report for duty and they
have done so. The position is good one,
and many Omaha women would be glad OF
the chance to draw $50 month for eight
hours work.
Very likely the attention of the depart
ment will be called to this discrimination
against Omaha and South Omaha labor, as
a prominent politician asserted yesterday
that he would write Congressman Mercer
in regard to the matter.
Omaha daily bee., 1897-01-23
Order 10 yncntc Lands

WASHINGTON. Jan. o. Secretary Fran
els has issued an order that all claimants
to citizenship in the FIVE civilized tribes Of
the Indian Territory, whose applications
were rejected by the Dawes commission, and
who failed to appeal to the United states
courts within sixty days Of rejection, and all
nun-cltizens who did not apply for citizen
ship and who are now occupying lands be-
longing to the five tribes shall vacatc these
lands of the tribes by February 6, next.
This action affects a host Of people through
out the territory many of whom are pre-
pairing to plant and grow crops.
Omaha daily bee., 1897-01-23
ON A QUESTION OF JURISDICTION
Union Hotel Case Held to Belong to
The District C0urt.

Yesterday afternoon when the Union hote
case was called in police court a motion
was made to dismiss the case against CLERK
VanKloster on the grounds that the prop
erty was in the hands of a receiver, and
therefore not within the jurisdiction OF the
police court This motion was overruled
by the police Judge.
AS soon as It was discovered by the po-
lice that Judge Gordon would dismiss the
case because the clerk was not the manager,
they made an attempt to have a complaint
filed for the arrest of the receiver, l. n.
Watson, on the charge OF keeping a dis
orderly house City Prosecutor TenEyck,
however refused TO file any such complaint.
He gave as his reason that Watson Is an
officer of the district court, and therefore
could not be arrested. He alleged that the
proper procedure would be to inform the
court OF the facts in the case. and allow
II TO take action
Omaha daily bee., 1897-01-23
Patented 81 stock Car.

]. B. Smiley of the Union Rendering
works and w. B. Cheek, local live stock
agent of the Burlington, have patented a
stock car which they claim will prevent
cattle from being bruised while in TRANSIT
A model of the car Is now being built In
this city, and it is the intention of the in
ventors to place it on exhibition at the
Transmississippi Exposition The car IS six
inches wider inside, and few inches higher
than any stock car now in use. Doors have
been placed at each end of the car, while on
the sides runs a spring rubbing board, which
is intended to protect stock from being
bruised when running around a curve OF
over a rough portion Of the road.
Several Improvements over ordinary stock
cars have been made but the rubbing board
is the feature of the new car. Very Otter
stock arrives at this market badly bruised
from being thrown forcibly against the sides
or end OF a car, and the inventors Of tbs
rubbing board assert that stock shipped In
their cars cannot be bruised.
Omaha daily bee., 1897-01-23

but the company. Notwithstanding the mcst
cara g. solicitation has made no pretensc
OF meeting that Obligation or adjusting the
compensation which. IL ought to pay to be
discharged therefrom. The bills establish
nothing on this ether Point and Nicaragua s
rights In this matter misht thus be annullel
in consequence OF ther silence. by the
plan involved In tho pew form which the
bills dsvlse FOR the enterprise the present
company Is extlnguisnc1and nothing remains
OF 1t In its relaunsslwith the enterprise
cave tho shadow OF a. personality represented
willis In its relations with Nicaragua II may
always claim full personality as the holder
of the concession, although having none Of
:he mcenS necessary to enable It to meet
It's obligation.
FINALLY II is to be observed that while
the bills contravene and set at naught stipu-
lations OF the contract, they do not state
whether the remaining ONES still remain
in force or not, although among these lat
ter there are very many which are Of no
great importance to Nicaragua in particu-
lar, and to Central America in general"
Mr. Roderiguez says he does not ques-
tlon the good faith Of the authors of the
various bills. and adds that he Is impellcd
to the course which he is pursuing with
the hope of protecting Just rights The
document closes in the following words
1T seems evident that the company is un-
able to raise money to fulfill It's contract
unless the United States government fur
nshes IL Herewith and since that contract
excludes the possibility Of attaining that
result the undersigned having been duly
authorized so to do proposes to his excel
lency, the secretary of state, that the two
governments, relying upon the favorable dis
position of the government, shall come to a
strict understanding on the subject on the
basis of the lla-Frelinghuysen treaty,
with such notifications as may be agreed
upon, and endeavor to reach just arrange
ment with the Maritime Canal company Of
Nicaragua, so it may renounce a concession
whose conditions it Is unable to fulfill"
Omaha daily bee., 1897-01-23
Only Forty Dollars to Raise.

Yesterday W. B. Check collected so at
the Exchange, which he handed to Treas
urer Christie to be placed in the fund now
being raised by the ministers. This makes
$50 now in Mr.. Christies hands. Only $40
is yet to be raised When this is done
the ministers will distribute aid among the
worthy poor A solicitor will most likely
be sent out today. or early next week, ai
some of the ministers say that money is
badly needed just at this time to help a
number of poor who are sick.
Omaha daily bee., 1897-01-23
DISCUSS PACIFIC CABLE PROJECT.
House Committee Gives the Scrimser
Company Hearing.

WASHINGTON, Jan. 22.-James l.. Scrim-
ser and Edmund l.. Bayliss were before the
house committee on interstate and foreign
commerce today in the interest of the Pacific
Cable company of New York. They both
argued upon the merits of the Scrmser bill
over the Spalding bill NJ. Scrimser stated
that his company would want eighteen
months after the passage of the bill to COM
plete the cable to Japan.
Mr.. Patterson of Tennessee said 1t had
been charged that the Scrlmser company
was in sympathy with or had connection
with England and English interests. Mr..
Scrimser said that of course his company
would expect to do English business and
Mr.. Patterson said there should be inserted
in tho bill provision that the cable company
should not come under British influence. Mr..
scrimser referred to the statement that Japan
wanted no other cable connection, and said
IL was ridiculous. lie also said that in
China and Japan telegraph lines were de-
pendent upon and controlled by the Russian
lines. The Spalding company, he said,
would build the line TO Hawaii and stop He
said the line to Japan would save the people
OF that country more than 81 100000 In tolls,
and II was ridiculouslto say that the japanese
wanted no cable. 'h.
"The Jananese," he said, "are locking into
Hawaii now. This country Is going to have
a contest with the japanese or some other
power to control Hawaii. II Is necessary to
have a cable line there as soon as possible" ."
Mr.. Scrimser did not like the idea OF leaving
the matter of contract with the postmaster
general. THE present postmaster general
viii not have time to act, and we don't want
to know who the new postmaster general is
or what he will do"
One OF the members OF the committee
turned to Mr.. Sherman OF New York who
n a member of the house interstate and
foreign commerce committee, and asked
him II he could not be depended upon to do
the right thing. This little reference to Mr.
Sherman as a possible postmaster general
caused a litter at his end of the room The
discussion among members of the committee
developed that there Is yet wide difference
OF opinion ON the subject OF the cable.
Omaha daily bee., 1897-01-23
Suit to Recover "a Printing OutHt.

Mrs +. b. Festner has commenced
repevn suit against the Bennnghoven
Publishing company to obtain possession OF
the entire stock I'm trade of the defendant
under a chattel mortgage given as Sc
curity for the payment of debt of SSO6.45.
1t is alleged that the note given for the
debt IL long past due, but that the de-
fcndants refuse to pay or surrender the
property covered by the chattel mortgage.
Omaha daily bee., 1897-01-23
Recovered Small Damages.

Maggie McNerney has commenced suit,
as administrative of the estate of James
McNerney, 10 recover 500 damages from
the Omaha Street Railway company for
McNerney while riding on one of the trains
of the defendant. 1t is alleged that Nc
Omaha daily bee., 1897-01-23

ton. without advertising for proposals.; con-
STRUNG the law In reference 20 the award OF
lifc-sSvug medals. so that these medals may
be awarded TO persons not members OF lte-
saving crews. and for eXertlons elsewhere
than adjacent to a life-saving station.
Omaha daily bee., 1897-01-23

WASHINGTON, Jan. 22.-Thc Postofiice
department has issued lottery order against
the Southern Mutual Investment company
at Cincinnati and Louisville. The following
are named as its officers DR.. A. p. Taylor
president; f. IL. Norton, vice president; T.
b. Hoover, secretary; j. NJ Graves, treas
urer; william j. Hogriever, general man
Omaha daily bee., 1897-01-23

The annual meeting of the Omaha Vet
eran Firemen's association VIII take place
on Saturday evening. January 20, at s
O'clock in the chiefs office. In the city
hail. The officers for the ensuing year will
be elected and other important matters
transacted.
Omaha daily bee., 1897-01-23
Er,nci. Goes 10 81. Louis.

WASHINGTON, Jan. 22.-Secretary Fran
els left tonight for st. Louis, whittier he Is
called by the illness OF his mother.
Omaha daily bee., 1897-01-23

Nerney fell from the train in question, and
received injuries from which he died The
street railway company confessed judg~
ment in the full amount asked
Omaha daily bee., 1897-01-23
Receiver for BroIlcn Bank.

WASHINGTON. Jan. 22.--The comptroller
Of the currency has appointed Robert A.
Courtney reseiver of the German National
bank at Louisville, Ky.
Omaha daily bee., 1897-01-23
Conhi,Ion of the Trcnsury.

WASHINGTON, Jan. 22-Today's state
ment of the condition of the treasury shows:
Available cash balance, S22S .6Sl ,S2i; gold re-
serve Sl43,lS2,755
Omaha daily bee., 1897-01-23
HIIs Anprnyed by the President.

WASHINGTON, Jan. 22-The presl-
dent has approved the following bills; To
provide for the erection OF a government
building at the Tennessee Centennial exposl-
The advocate., 1897-06-02
National Educational Association Meeting.

National Educational Association Meeting.
For the meeting Of the National Educa-
tional Association at Buffalo in 1896 the
excellent service given by the Union Pa
cifc was comm ented on by all those who
had the pleasure of using that line. This
year our educational friends meet in Mil
waukee, Wis, July TO 9, and members Of
the association and others from points west
Of the Missouri River should by all means
take the Union Pacific.
The service of the Union Pacific via
Omaha and Kansas City is the very best.
The equipment consists Of handsome day
coaches, chair cars, Pullman buffet and
drawing room sleepers, dining cars and
buffet smoking and library cars. Fewer
changes than ria any other line. One fare,
plus 50 so, for the round trip will be the
rate from all points west Of the Missouri
River for this meeting.
For illustrated matter, folders, etc., call
on or write e. L. LoMAx,
G.P. IT, a., Omaha, Neb.
The advocate., 1897-06-02

jury we're misled thereby: Held, that the
giving OF such instruction was not reversible
error.
3. No error appears in the refusal OF the
Court 10 give the two instructions set forth in
the assignment Of errors, IL appearing that
one was sufficiently embodied In an instruc-
tion given by the Court and the other not be-
ing applicable to the case.
4. Where the cAse-made shows that II was
served within the time granted by the Court,
and where the certificate OF the trial Judge
shows that said case-made was duly presented
for settlement, counsel for both parties being
present and no objection being made TO the
settlement. and such certificate makes no
mention OF amendments to the case.made /:
Held, that under the facts stated, the absence
OF q statement as 20 amendments furnishes no
ground for dismissal OF the proceedings In
error. Also held, that IL 10 not necessary for
the Clerk Of the trial Court to certify to the
correctness Of the case-made, and that the
attestatlon Of the Clerk and the seal OF the
Court after the trial Judge has settled and
signed the case-made Is sufficient. (Muscott
v. Hanna, % Kas. no.
The advocate., 1897-06-02
Kansas Court OF Appeals, Southern Depart.
ment, Central Division.
No. 8l7.
George Kendall, plaintiff in error,
vs..
Lizzie A. Kendall, defendant in error.
SYLLABUS.

1. Jurisdictlon.-The jurisdiction OF District
Courts over che guardianship, custody, sup
port and education OF minor children in d.
vorce cases Is q continuing jurisdiction.
2. The District Court granting q divorce
may, on proper motion and notice, modify or
change any order originally made, providing
for the custody, support and education Of the
minor children whenever circumstances rem
der such change proper.
g. When an original order In a divorce case
Is modified, and certain monthly payments
required for the support and education Of the
minor children, such payments should com
mence at the date OF the modification and not
from the date Of the original decree.
MEMoRANDUM.-Ef from Harper District
Court; G. W. Mckay, Judge. Application by
Lizzie A. Kendall plaintiff below, TO modify
and change original decree IN so far as said
decree and order makes provision for the care,
custody, support and education Of the minor
children. Judgment for plaintiff. Defendant
brings the case here. Judgment modified.
Filed - A. d. 1897
Anderson IL Henderson, John w. Shartell,
attorneys for plaintiff In error
Beardsley & Gregory, attorneys for defend.
ant In error.
The advocate., 1897-06-02
No. 11B.


l. TO procure an extension OF time for com.
fnencing work under lts franchise, street
railway company proposed 10 deposit with
tho Mayor OF city Of the second class Ger.
tain sum, as forfeit, and whore 90 the request
Of said company the city Council met In spe-
cial session, the proposed deposit was made,
and an ordinance, draSn by the company s
attorney, was passed by said Council, and said
ordinance recited the fact and cause Of delay
on the part OF the company, and that the de-.
p0stt had been made with the Mayor, to be
forfeited In the event OF the failure OF the said
company TO comply with the conditions Of
tho ordinance granting the original franchise
within the time limited by the ordinance last
passed, and where said company wholly made
default, and no actual loss or damage resulted
W the city, and there were other facts indic8t-
ing the Intention Of the parties to treat the
9ntd deposit as a forfeit, and not As q penalty
Held, that the measure OF damages hxed In
Ahe agreement OF the parties In this case ought
y 10 DO adopted by the Court, and that since
actual l0sR or damage 10 the city In It's cOFpo
rate capacity could not have been contam.
plated By the parties, the sum deposited was
y gpEf0it and not penalty
y. "A city OF the second class through its
Mayor and Council, Is competent TO enter
into such contract as was made In this case
and plaintiff 10 estopped to raise the question
~ 20 tss power and authority In the premises.
4 3 Certain facts held not 10 have worked
tissOiution Of corporation.
The advocate., 1897-06-02
STATE OF KANSAS, s..

STATE OF KANSAS, So.
/, W. A. Ayres, Clerk of the Kansas Court
OF Appeals, Southern Department, Central
Division, do hereby certify that the above
and foregoing are true, full and correct copies
OK the syllabi In the above entitled causes,
handed down by the Court at Wichita Kan
sas on the 14th day Of May, A. D. 1897, and
filed in this Office on that day.
Given under my hand and the seal OF said
rsvArl Court, this the 22d day OF May,
l'NNAI A. D. 1897. w. A. AYRES,
Clerk Kansas Court of Appeals, Southern
Department, Central Division.
The advocate., 1897-06-02
SYLLABUS.
STATE OF KANSAS. So. 4:

I9AAA" Vt IAARF0H0f HH5'
I, W. A. Ayres, Clerk OF the Kansas
Court OF Appeals, Southern Department, Cen.
eFal Division, do hereby certify that the above
and foregoing are true, full and correct copies
oi the syllabi In the above entitled causes,
handed down by the Court at Wichita, KAu.
sos, on the 18TH day Of May, A. D. 1897, and
Aled In this Office on that day.
Given under my hand and the seal Of said
fsr.,1 Court, this the 22d day OF May, A.
toANNI d. 1897. w. A. AYRES,
Clerk Kansas Court OF Appeals, Southern
Department., Central Division.
The advocate., 1897-06-02
Kansas Court Of Appeals, Southern Depart.
ment, Central Division
No. 1893.
Burden Bank, plaintiff in error,
We.
Robert r. Phelps, defendant In error.
No. 1903.
SYLLABUS.

l. A check given to influence the electors OF
q township TO carry bonds Is without consid-
Grafton and against public policy.
q When bank certifes upon acheck drawn
upon IL In favor Of Township Treasurer, that
tt is good X certain bonds In favor Of railway
company to be voted upon in said township
three days later are carried, and the road Is
not hnilt within the time specified In the
proposition, the object for which the check
was given as stated In such certificate, "a
against public policy and the check is void.
3. Paragraph llS5 OF che general statutes
dom NOS provide for the deposit cfea snrn Oe
The advocate., 1897-06-02
KAnsas Court OF Appeals, Southern Depart
meht, Central Division.
No. III.
ik Louis q San Francisco Railway Company,
plaintiff In error,
VS..
Arthur sullivan, defendant In error.
SYLLABUS.

II Where testimony which is possibly irrele.
want no his case is offered by the plaintiff and
els admitted over defendants objection, and
Whsxe she defendant afterward fails to object
S ga isg own behalf, introduces testimony 90 the
Aaane effect, It's objection ie thereby waived.
2. Whers the trial Court gives to the jury
Az 1napplleable instruction, and thereafter
xsYsg s1ch clear and proper Instructions that
the Jurors re reasonable men ought not to
MAyg been lnhrenced by the inAppltcable ln.
pfaucflnn. ana where nothing Appears from
which IL can No FeaRpBAhly inferred AhA& fhS
The advocate., 1897-06-02
Kansas Court Of Appeals, Southern Depart.
ment, Central Division.
NJ
The Mccormick Harvesting Company, plain.
tiff In error,
Vg.
K. ]. Drake, defendant in error.
SYLLABUS.

1. The evidence in this case examined, and
the damages awarded found to be excessive.
Excess indicated allowed TO be remitted and
judgments entered for the remainder.
2. New trial granted IL tho mandate OF this
Court is not complied with within thirty days
after che same is dled in the trial Court
MEMoRANDUM.--EF from Sedgwick Court
OF Common Pleas Jacob NJ. Balderston, Judge
Replevin. JudgmentfOr plaintiff. Defendant
brings the case Go this Court. Judgment mod
iiied. Tue opinion here, 1led ---- 1897, states
the material facts.
Holmes Il HaymRker, for plaintiffs In error
Amidon q Comfy, for defendant in error
The advocate., 1897-06-02

Fits Stopped Free and Permanently Cured.
No fits after first days use OF DR.. Kiines
Great Nerve Restorer. Free 80 trial bottle and
treatise sent by DR.. Kline, 931 Arch st., PhiIa
dGlphia, Pa
The advocate., 1897-06-02
A Ten Days Outing

At Island Park Winfield, Kas. Educa
tional advantages for all who wish to avail
themselves thereof Ask agent Santa Fe
Route about rates for Chautauqua Assem-
bly,
The advocate., 1897-06-02

money sitter an election has been called and
che expenses incurred, TO influence electors TO
carry Che bonds to be voted upon 40 such elec
tion. 10 provides that the deposit must be
made or secured before the election Is called
The advocate., 1897-06-02

gear, may select any one of the follow
ing named books and it will be sent
free:
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National Platforms and Political History
OF SAe unItsu STATES. s...........,.,...... .25
Money Found (HilI) I)..................... .25
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Coin and Currency (Fenton). ............. .25
Dead Line (Clemens). s)................. Us
Statesmen Three (Fisk) US
Direct Legislation (SulliVan) ........ Us
Napoleon BonSpsrte John Davisj ... rs
Any one of the following books will
be given free with a payment Of so
cents for q siS months subscription, or
any three will be given with a geGrly
subscription on payment of 81:
Coins Hand Book Harvey. 10
Ten Men Of Money Island (Norton). ).."... 10
Stock Wells Bad Boy. Observation-Disclosures. 10
Seven Financial Conspiracies Emery. :. 10
Points for Thinkers (StockwelD. ........... 10
Referendum Principle Eddy ........... 10
Bondholders and Breadwinners (King). 10
Seedtime and Harvest king. ............. 10
Goyernment Ownership Of Railroads
AO4JOIJ ........,.............,...., 10
illustrated First Reader. dsr.................... 10
Merrie England. d........................... 10
Condition Of the American Farmer TAU
Dsheck) .... ....................,,...... 10
The following books will be furnished
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The advocate., 1897-06-02

Kansas Court Of Appeals, Southern Depart
ment, Central Division.
No. 1856.
Jesse W. Hiatt, plaintiff in error,
vs.,
John G. Hiatt, defendant In error.
SYLLABUS
/. No material error prejudicial to the sub.
stAntisl rights of the plaintiff In error Is
shown by the record to have been committed
IN this action.