Nebraska Newspapers

    THE OMAHA DAILY BEE : FRIDAY , JUNE 29 , 1801.
SUPREME COURT SYLLABI
Points Covered in Opinions Handed Down by
the Judges During the Week ,
FITZGERALD AND MALLOW WIN A SUIT
fur Tlirrc-Qunflcn ) of n Million
tlin HIlMourl I'MulllrHurling -
tun Voluntary Itrllnf A > thl-
tliin Ainu Knuckcil Out.
JjlNTOLN , Neb. , Juno 28. ( Special
Hoc. ) Tlio miprcmo court today handed
down nn opinion In llio celebrated cane of
the KlURerald & Mnllorjr Construction
I'jnipany against the Missouri Pacific rail
road. It has boon In the court * for almost
Mix yearn , and tlio judgment , J7rtl.9l2.OS ,
\\tlh Intercut nt 7 t > er cent from Iucciiilr.-r )
1C , 1801 , Is a Rood advance on whnt JII.IKJ
T bbetta found due , $520,573.13. John PUz-
gerald In the man who lias bren pushing tlio
case and he will get about $200,000 of tlio
verdict. '
Another decision of peculiar Interest at
.this tlmo Is ono concerning the Unrllnp.ton
Voluntary Itcllcf association. In thla case
tlio company nought to ovadc payment on
the ground that tlio nxsurcd had not made
formal implication , and that tlic money taken
from his pay ns assessments on his Insur
ance was offered to bo returned to him. The
court holds that even though no formal ap
plication for membership was made the fact
that the head of the relief department with
held from the wages of the assured a sum
equal to his aiscaiincnt operated ns an ac
ceptance of the risk. It was also held that
the louder of n tlmo check In returning the
assessments was not a legal tender , and
oven If It were It could not relieve the de
partment of responsibilities already assumed.
On Juno 20 tlm court met pursuant to ad
journment , and tlio following proceedings
were had :
Erb ugalnst Kgglcston , advanced.
Omaha against Hlchardx , leave granted to
file amended petition In error.
Motions were submitted In the following
clauses : Douglas county against 'Keller ;
Dalrd against Woodard ; Klnspalir against
Exchange National bank ; state against Hill ;
Hudson against I'ennoclt ; Thompson against
Harris ; city of .South Omaha against Tax
payers league ; Kllpatrlck against Schalllc ;
Farmers Loan and Trust company against
Munlngor ; Carpenter against Llngcnfcltar ;
Owen against Udall , motion for rehearing
denied ; Lamb against state , motion for - rehearing
hearing denied ; U'lgglns against Hume , dis
missed ; Mlcklcwnlt against I'almcr , dis
missed ; Johnson against I'armalc , dismissed ;
Miller against Mahoney , dismissed.
On Wednesday , Juno 27 , the proceedings
were :
Thompson against Harris , motion to cor
rect judgment sustained.
Doyil against Uoyd , dccrco as per stipula
tion.
tion.Leave
Leave to flic amended petition In error In
Farmers Loan and Trust company against
Munlngcr.
Kllpatrlclc against Schafllo , motion to dis
miss sustained.
Balrd against Woodard , motion to dismiss
appeal overruled. Motion to vacate writ of
prohibition sustained.
South Omaha against Taxpayer league , ad
vanced.
Motions for rehearing overruled In follow
ing cases : Moon against Waterman , Hell
against Boiler , Stratton against Tarpennlng ,
state ex rol Scott against Crlnklaw , Chicago ,
Burlington & Qulncy Railway company
against Wymoro , Hardln against Tower , IIol-
llstcr against Mann , Chappel against Smith ,
Hughes against Insurance Company of North
America , Nebraska Loan and Trust company
against Hamcr , Chicago , Burlington &
Qulncy Hallway company against Wilgus ,
Wqods against West , Cortelyou against
Maben ,
Hill against state , plaintiff to servo and
fllo briefs In twenty days , or judgment will
be affirmed.
QrAliate against Frazler , motion to dismiss
overruled.
In the matter of the application of the
attorney general relative to rules , motion for
rehearing denied.
Before adjournment till September this
morning the following order was made :
Whereas , The present term of ofllcc of the
reporter of this court vf\\\ \ \ \ expire before the
convening of the next term of court , nnd
whereas It Is necessary that some person
tjo designed to dlflchargo the duties of said
olllce during1 the Interim , It Is oidered that
David A. Campbell , the present Incumbent ,
bo appointed to discharge the duties of
oald oillcc until the further oidcr of this
court , upon his giving a bond In the sum
of $10,000. Said appointment to take effect
upon the expiration of the present term of
olllce.
In tlio case of the state against Hill the
bailiff was permitted to amend return of
mimmons by showing that a copy was left
ut the usual place of residence of the defend
ants. The motion to quash the summons
directed to the sheriffs was sustained. All
other objections to sorvlco of summonrs
overruled.
Burlington Voluntary Relief Department
against White. Error from Cass county.
Affirmed. Opinion by Mr. Commissioner
Irvjnp.
A relief department In the nature of a
mutual Insurance association was main
tained In connection with a railroad com
pany. The mcmbera of the relief depart
ment wore employes of the rullroad com
pany , lly their contract of membership
they authorized the company to withhold
from their wages certuln sums to provide
a fund for the payment of beiiolU.s In the
case of sickness or death of members. The
railroad company contracted to make up
any deficiencies In the fund BO provided.
It also furnished the clerks nnd other em
ployes for conducting the affairs of the
department. The department was under
the general management of a superintend
ent and subject to the supervisory control
of an advisory committee. The by-laws of
the department required an employe who
desired to become a member to make ap
plication In a prescribed manner nnd sub
mit himself to a physical examination. Ills
Application was then subject to the ap
proval of the superintendent. W was nn
employe of the railroad. July 21 ho ex
pressed to a soliciting agent of thede -
imrtment his desire to become a member.
The agent gave written notice of W's ap
plication to the superintendent of the de
partment , the paymaster of the road and
W's superior olllcer In the employ of the
road. Thla notice specllled July 21 ns the
day when the application was to take ef
fect. July 22 w was taken sick. No ap
plication was made In the form prescribed
liy the by-laws and no physical examina
tion was had , Nn demand wan nuulo upon
AY cither for such application or for such
examination.V"n name was placed upon
the roll of members of the department
nnd from the July pay roll there was de
ducted by the company for the bonctlt of
the department the assessment due from
W on the basis of membership from July
21 to September 1. On August 7 the of
ficers of the department were notified of
"W'H durability. September 19 the superin
tendent wrote to W's superior otllce. stating
that W was not a member of the depart
ment ; that his contribution should be re
funded by time check nnd that the notice
of disability should be cancelled. Septem
ber 20 an Instrument called n. time check
was tendered to W and by him refused.
A few hours thereafter W died ; held :
1. That the department , by causing to
be deducted from WB pay assessments
on the basis of membership with knowledge
of the fact that no formal application hud
been- made and no examination had , was
estopped from disputing W's membership.
2. That the- fact thai the relief depart
ment was a mutual Insurance company
did not relieve It from the operation of
the rules of equitable estoppel.
3. Thnt all of the transactions being with
the knowledge of the superintendent of
tho. department there watt no question of
the , authority of subordinate employes to
waive requirements , their acts being In
euch case the acts of the department.
4. That the department was not relieved
from liability because of a rule which pro
vided that where an employe hud made u
proper application and passed a physical
examination the department should only be
liable during- delay In the approval of his
application for Injuries or death caused by
accident. The department , under the facts
stated , > vas estopped not only from denying
that there had been an application and
examination , but from denying that the
application had been approved.
0. The tender of the time check before
Wfl death did not release the department
from liability : first , because- was not a
legal tender , and secondly , because llabllt-
tloa had already accrued against the de
partment , from which It could not discharge
charge/ Itself by refunding the assessment.
6. A rule of the department providing
that all questions or controversies arising
between any parties or persona in connec
tion with the relief department or opera
tion thereof , whether as to the construction
of Innpu'nc ' or thinc.inlnR cf regulation * ,
or nn tin nitty right , decision or net In con
nection therewith thrnild be submitted to
the determination ( > f the superintendent ,
vrliusdrcliluu should be llnnl , Mihjrct how
ever , to nn tipp > ul to the advisory com
mute" , ilid nat prevent tin1 maintaining
of Mile action , for the rensom , drat , that
In dlirtuimtnKV"3 membership before his
death tlio nnporlntendent was not acting
Judicially nfliT n hearing of n controversy
upon the subject , but wax acting In an
ndinlnlstrntlvo capacity on behalf of the
department nlont- ; and secondly , that this
wan not n controversy with the depart
ment as to transactions bc'wcen It and a
member , but UIIM nti nrtlon by the widow
nftern inembcixhlp hail ceased to en
force n liability accruing to her. Hall-
\vi\y \ Comluclor.i' Amoclatlon against
I.oomls , 41 111 npp , . uM , followed.
7. No benotlclnry having been designated
by W , the rules of the department con
strued and held to constitute Ws widow
his beneficiary.
Von Dorn ugalnst Mcngcdoht. Krror
from Douglas county. AHIrmed. Opinion
by Mr. Commissioner llagan.
Where a contractor agreed with the owner
of real estate to furrilnh the material ami
labor nnd erect for him nn Improvement
thereon , nnd such contractor voluntarily
iilmndotiH the work before completion , the
owner may charge the contractor with
( a ) The nccosmiry posts of completing the
Improvement nst the contractor agreed to
complete It ; ( b ) The amount of all pay
ments nindn to the contractor on the con
tract : ( c ) The amount of all valid liens
on the real estate for labor and material
furnished the contractor and used by him
In such Improvement ; and ( d ) The amount
of actual damages the owner has sustained
by reason of the contractor's default. The
difference between the total of these Items
nml the contract price Is the measureof
dnmngei of both the owner and contrac
tor ; If such total exceeds the contract
prleo'mich excess Is the amount the owner
may recover of the contractor ; If the con
tract price exceeds such total , such excess
Is the amount the contractor may recover
from the owner.
2. Where such a contract exists nnd the
owner rightfully terminates the same by
virtue of worne provision therein authoriz
ing him to do so upon the happening of
certain contingencies , then the contractor
In entitled to recover from the owner the
actual bencllt h" has received from the
contractor's paitlal performance , and this
Is found by ascertaining the reasonable
worth of such partial performance appro
priated or received by the owner at the
time of such receipt or appropriation , nnd
deducting therefiom payments made to the
contractor and the actual damages , If any ,
the owner hat sustained by the contractor's
default. If he has made one.
.1 , Wheie such n. contract exists nnd the
owner wrongfully terminates the same or
the contractor's employment thereunder be
fore the completion of the Improvement the
oonlnirtor',1 measure of damages Is the
reasonable value of his partial perform
ance , Increased by all actual damages sus
tained by him by reason of the owner's
unjustifiable termination of the contract.
I. The mechanic's lion law of this state
makes no distinction between skilled nnd
unskilled labor ; and Its policy Is to Insure
to both classes remuneration for whatever
they may do townids Increasing the value
of nn owner's real estate by the erection
of Improvements thereon.
G. An architect who furnishes drawings
and plans for an Improvement on real es
tate nnd superintends the erection of such
Improvement In accordance with such plans ,
In pursuance of n contract with the owner.
Is entitled to a Hen upon such Improve
ment nnd the real estate upon which It
Is situated upon compliance with the me
chanic's Hen law of the state.
G. There Is nothing In our constitution or
laws that prohibits a woman from holding
tin ) olllce of notary public.
7 : The right of a woman to hold the of
fice of notary public when she has been
appointed and commissioned to such ofllce
by the governor can only be Inquired Into
In a suit or proceeding brought against
her for that purpose.
8. A motion for a new trial on the ground
of newly discovered evidence should be
oveitilled , even If the evidence alleged to
be newlv discovered Is competent under
the pleadings , when It appears that the wit
ness by whom It Is proposed to prove the
facts alleged to bo newly discovered tes
tified on the trial of the case , , was exam
ined by the applicant for a new trial and
no effort was made , nt that time , to
elicit the facts claimed to bo newly dis
covered evidence. Brandt against Fitz
gerald , SB Neb. C83 , followed.
9. The pendency of a motion for a new
trial does not supersede a decree or judg
ment rendered or stay the execution there
of.
10. A judicial sale occurred on the 25th
of April. The first publication of the no
tice of such sale was made on the 21st of
March ; as thirty days Intervened between
the date of the first publication and the
date of the sale ; held , sulllclent. Carlow
against Aultman , 23 Neb. C72 , followed.
KofUa against Roslcky. Error from
Douglas county. Judgment of the district
court 'reversed , so far as the rights of
plaintiff herein nre affected , and decree
ordered In this court In favor of appellant
that the title of the property lit dispute Is
In appellant , and be quieted In her except
ns ngalnst the mortgage liens thereupon
prior to the death of the Splllneks. Opinion
by Mr. JusticeHarrison. .
1. Specific performance of a parol con
tract will be enforced by a court of equity
where one party has wholly and the other
partly pel formed It. and its nonfulfillment
on the one hand would amount to a fraud
on the party who has fully performed It.
2. Speclllo performance Is a matter of dis
cretion In a court which withholds or
grunts relief according to tlie-elrcumstnnce.s
of each particular case , where the general
rules nnd principles governing the court
do not furnish any exact measure of justice
between the parties.
3. Held : That the oral contract In this
case possessed the elements of certainty ,
and the proof establishing It was sufficiently
clear and satisfactory.
4. A girl about 17 months old was given
by her parents to her uncle and aunt under
nn agreement that they would adopt her
nnd rear , nurture nnd educate her. and
that she was to be as their own child , and
at their death to receive or be left all the
property which they might own. She lived
with them until they died , some ten years
afterwards , took their name , did not know
or recognize her own father and mother
In the true relation , but knew them as
nnd called them uncle and aunt , and knew
and recognized her uncle and aunt as
father and mother. The uncle and aunt
died possessed of real estate In the city
of Omaha , the title to which they did not
either by deed or will transfer to the child.
Held : Tlrat there was such a part pei-
formance of the contract by the parties
thereto as entitled her to a decree , giving
her the title to the 'property by way of
speclllo performance of the contract.
Doll against Grume. Error from Douglas
county. AHIrmed. Opinion by Mr. Com
missioner llagan.
The awarding of n contract by a muni
cipal corporation for nn Improvement for
It Is a sufllclent consideration to support
the promise of a contractor , made to the
corporation , to pay for all labor and ma
terial furnished him In executing said con
tract.
2. Neither an express statute of the state
nor an ordinance of a municipal corpora
tion Is necessary to Its authority to require
of Its contractor a bond to pay for all
labor and material furnished him In the
execution of his contract with such cor
poration.
3. Sample ngalnst Hale. 31 Neb. 2M : Ly-
man against City of Lincoln , 57 N. W. Kll ,
followed and realllrmed ,
I. Where one person makes a promise to
another for the benellt of n third per
son such third person can maintain nn
action upon the promise , although the con
sideration does not move directly from
him. Shamp ngalnst Meyer , 20 Neb. 223 ;
Burnett against Pratt , 37 Neb. 329 , followed
u ml reaffirmed.
G. The city of South Omaha let a con
tract for grading Its streets to one Davis.
Mcdavock and Doll signed the contract as
sureties for Davis. The contract provided
that Davis should be paid 45 per cent of
tha estimated cost of the work when two-
thirds of It was completed ; that Davis
would complete the work In ISO days ; that
he would pay for all labor and material
furnished film In executing his contract ;
that "said parties of the third part ( Me
an , vock anil Doll ) hereby guarantee that
the said party of the second part ( Davis )
will well and truly perform the covenant
hereinbefore contained to pay nil laborers
employed on said work ; and If said laboiers
are not paid In full by said party of the
second part that said third party hereby
agrees to pay for said labor or any part
thereof which shall not bo paid by said
second party within ten days nfter the
money for said labor becomes due and pay
able , on completion of two-thirds of the
work the city paid Duvls 90 per cent of the
estimated cost thereof ; the city grunted
Davis an extension of tlmo for the com
pletion of his contract beyond the time
fixed therein.
One Criime sued McQavock and Doll for
the value of labor he had performed for
Duvls under his contract with the city.
Held , first , that the contract between the
city and Davis nnd his sureties and the
promise and liabilities of the latter thereon ,
were of a dual nature ; a promise to the
city that Davla should perform the work
In the time and manner he had agreed ; and
a promise. In effect , to Cnimo to pay him
for the labor he should perform for Davis ,
Second , that the city' * overpaying Davis
and extending' the time of performance
of his contract did not release the sureties
from their contract to pay Davis' laborers.
Third , that If tlio city had precluded Itself
from calling on the sureties to make- good
to It any default of Davis Its acts did not
estop the laborers of Davla from'enforcing
against the sureties their contracts and
promises.
Alken against Btatr. Krror from Doug
las county. A'llrmed. ' Opinion by Mr.
Justice Post.
Objections to an Indictment or Informa
tion on the ground of duplicity must be
(1 10
THE BIG STORE Prices Are Whittled
IS THE Down to the
Only House in America Out Pre-Inventory Sale Offers LOWEST NOTCHES
GIVING COUPONS WITH SUGAR
tin Tina
And All Staple Goods. ' Some Very Unusual Buying Chances , CLEARING SALE.
ARE YOU ONE OF THE FORTUNATE BUYERS ?
Dress Goods
32-Inch wide printed dimities In
light or dark ground on sale at 1C ;
yard. Don't compare this with the
25-Inch wide domestic dimities which
nro being sold In this city at 12 > y c and
IGc yard.
32-Inch wide printed organdies , an
other bargain , and will go lively this
hot weather at ICc yard.
Mousclllne do India In black ground ,
only 25c yard.
Kino white dotted Swisses , neat
figures , pin head dots , etc. , 23c , 35c
and 40c.
We devote more space to our wash
dress goods stock and display more
wash dress goods than all the other
stores In this city combined.
If your dealer cannot nil your de
sires In this line drop In at Haydcn's
and get what you want.
Wo don't expect you to spend any
money with us unless wo give you
better value than you get elsewhere.
Look over the tables filled with rem
nants of wash goods.
Coupons Free With All Purchases.
Wo have about 100 dozen corsets
principally In fine goods , broken sizes ,
they have sold for $1.00 to $3.00 ; It
you can find your slzo In this lot we
will sell them for 3Gc , GOc and 76c.
CLEARING OUT CHILDREN'S HOSE.
1 case of boys' bicycle hose , fast
black , never sold for less than 25c ,
clearing price IGc.
Ladles' two-thread fast black cotton
hose , extra quality , lie , 3 for GOc ,
good value at 2Gc per pair.
GOO 26-Inch silk umbrellas , $2.GO
quality , reduced to $1.50.
Ladles' heavy pure silk mitts , extra
mode before verdict or It will be held to
have been waived.
2. Different criminal acts which consti
tute parts of the same transaction , such as
burglary with intent to steal particular
pioperty and larceny of the property de
scribed , may be charged In the same In
dictment or count thereof.
Union Stock Yards against Conoycr. Er
ror from Douglas county. Affirmed.
Opinion by Mr. Justice Harrison.
1. Contributory negligence Is a matter of
defense and the burden of Its proof Is on
the Defendant , If the plaintiff proves his
case without disclosing any contributory
negligence he will bo assumed to be free
therefrom.
2. A fact may be considered as estab
lished which may be reasonably Inferred
from nil the facts and circumstances proved
In a case ; and In civil actions It Is suf
ficient If the evidence on the whole agrees
with and supports the hypothesis which It
Is adduced to prove , and It Is the duty of
the Jury to decide according to the reason
able probabilities of the truth.
3. Evidence examined and held sufficient
to warrant the submission of the questions
of negligence and proxlnmto cause of the
Injury to the Jury for their consideration
and to sustain the verdict rendered.
4. The former decision of this case , re
ported In 08 N. W. rep. 1081. reaffirmed.
State ox rel Ressel against Whitney.
Mandamus. Writ allowed. Opinion by
Mr. Justice Post.
Where the existence of a municipal cor
poration Is not questioned by the state It
cannot be put In Issue by a private In
dividual In a collateral proceeding.
HKCEl'TION TO OMAHA MEN.
Tour of the Jobbers Through Nebraska
Towns Hearing Fruit.
PALLS CITY , Neb. , Juno 28. ( Special
Telegram to The Deo. ) Richardson county's
capital Is In the hands of the Omaha Com
mercial club , eighty members of which ar
rived hero this evening. Leaving Omaha at
7 o'clock this morning the party started on
a hand-shaking tour among the retailers In
the towns along the line of the Missouri Pa
cific. J. O. Phllllppl was In charge of the
train , which consisted of two day coaches
and a baggage car , and stops were niada at
eleven towns between hero and Omaha.
PlattsmouttTwas the first city , and the party
spent over an hour there.
R. D. Wlndom. president of the Board ot
Trade , welcomed the visitors and a earring *
drive was given the tourists. At Nebraska
City the entire town turned out to welcome
the party. Whistles were blown , bells runs
and a drlvo In carriages provided for thu
Junketers.
At Auburn an hour's stop was made fos.
dinner , after which the crowd moved toward
thla city , making ten-mlnuto8tops at tht >
towns enroute.
At every point the visitors have bcei
received with enthusiasm , and the business
men expressed themselves as well pleased
with the tour thus far , affording them a *
It has an opportunity to talk personal ! )
with customers. Messrs. Dickey , Blotch }
and Ilroatch were left at Nebraska City , but
regained the party this evening after a
long , stern chase * via freight. The ordci-
for tomorrow Is : Breakfast at 4 a. m. , fol
lowed by a hand-Hhaklng expedition through
the towns between hero and Crete , wher
dinner will be served. The tourists will return -
turn to Omaha , at 10 p , m , Friday night.
rrohllm Meet at Huntings.
HASTINGS , Juno 28. ( Special Telegram
to The Bee. ) Some forty or fifty prohibition
ists met hero today In county convention.
A , K. Waldron was made chairman and E.
O. Kent secretary. The following delegates
were elected to go to the state convention
at Lincoln , July 3 and 4 ; C. L. Jones , J. R.
Penflold. M. M. Patterson. W. J. Parmonter ,
Dr. T. E. Cassell , Mrs. T , E. Cassoll , Oscar
Kent , Aaron Jones , Miss Berryman and M ,
L. Brass. The following were elected of
ficers of the county central committee : E.
A. Waldron , chairman ; J. R. Ponfield , sec
retary , and C. L. Jones , treasurer. The
usual resolutions were adopted , demanding
equal suffrage , prohibition of the liquor
traffic , and opposing the expenditure of any
public school moneys for sectarian purposes ,
lief ore adjournment the meeting was ad
dressed by C. E. Bently of Lincoln , chair
man of the state central committee.
Ueuilio of Uttorgu it. Wlliey.
BLAIR , Neb. , June 28. ( Special Telegram
to The Bee. ) George R. Wlliey , an old res
ident ot Blair , who conducts the largest
dray Una here , died thla morning at 10 a.
in. He was well known and highly re-
quallty , worth 40c , reduced to 25c.
Children's muslin pants , 9c , worth
20c.
Ladles' muslin drawers , 25c , worth
40c.
40c.Ladles'
Ladles' Jersey ribbed vests , Gc worth
12' c.
Gents' suspenders , 12lc , worth 25c.
Gents' superfine brown cotton %
Ii030 , only 12',4c , worth 25c , special
value.
Gents' balbrlggan shirts and drawers ,
25c. good value at 40c.
100 dozen gents' negligee shirts ,
only 35c , worth GOc.
GO dozen gents' teck scarfs and 4-ln-
hands , only 25c , worth GOc.
Blo.iched or brown twilled crash
only 4o yard.
Bleached huck toweling , Gc yard.
Unbleached all linen crash , Go yard.
Bleached crash , all linen , Gc , Cc , 7o
and Sc.
We call particular attention to our
heavy bleached twilled crash , which
used to bring IGc , but now wo are sellIng -
Ing the same at lOc a yard.
Heavy huck toweling at IGc yard.
Unbleached all linen crash , Sc , lOc
and 12J&C.
Again wo quote you some prices :
Full cream brick cheese , Go per pound.
Llmburger cheese , 9c , He nnd 121c.
Swiss cheese , 12V4c , 14o and 16c.
Wisconsin full cream , 7V4c , lOc and
All other cheese away down In price.
Crackers.
. i ' 0
Crackers , 3&C per pound ; fcjncy XXX soda
crackers , Gc ; ginger snaps , | 0c ; sugar
cookies , grandma's cookies , frosted creams ,
molasses cake , oatmeal anfl'clty sodas all at
lOc ; snowftake crackers ; r7ilrf. We have
about GO boxes of lemon cream crackers that
were formerly sold for 12 } c , , now go at Gc.
Also wo have somothlng'inow ; nice pound
package of oatmeal crackarsvery best made ,
for 12 % . Be sure and , callp at our grand
cracker sale.
fI
I * .it
spected. The remains Wrft bo burled Friday
at 4 p. m. , under the aus'plces ' of the Inde
pendent Order of Odd Fellows lodge of this
place.
FALLS CITY , June 28. ( Special to , The
Boo. ) Mrs. Letta Dunlap , aged 87 years
and 6 months , died at the homo of her
daughter , Mrs. Jacob Herbst , yesterday
morning. She was ono of the oldest Inhab
itants of this county. She was born In
Kent , England , and has resided here since
1870.
1870.Prof.
Prof. David Dennis , son-in-law of Mrs.
A. J. Weaver of this city , died In Salt Lake
City Monday. Prof. Dennis was superin
tendent of the Salt Lake schools. The
funeral will occur in this city Sunday.
JIKPOHTS OF bXATK ASSESSMENTS.
Not Up to Those of I'rovlous Vcnrs In Some
Itespcets.
LINCOLN , Juno 28. ( Special to The Bee. )
The reports of the assessments are com
ing In from the various counties to the state
auditor. The reports of the first five coun
ties received as compared with the reports
made last year show a decrease of $125,000.
If this decrease Is kept up throughout the
Btato the difference between this year's as
sessment and that of last year will amount
to about $13,000,000. If the ratio of decrease
should bo kept up In some of the counties
reporting , the auditor remarks , It will only
bo a matter of a year or two until they will
report nothing assessable within their bor
ders.
State Auditor Moore Is preparing a com
parative statement of the net earnings and
losses and general business of the Insurance
companies doing business In the state dur
ing the past five years , which will bo of
considerable Interest , especially In view of
the recent advance of rates made by the In
surance companies.
J. B. Erlon of the Bureau of Agricultural
Statistics has completed the record of farm
mortgages by counties , as shown by the re
ports of county clerks. It showed that dur
ing the year ending May 31 the total num-
or of farm mortgages filed In the state to bo
22,142 ; amount , $22.342,411.16. Number
satisfied , 21.308 ; amount , $10,921,307.08. The
town and city mortgages amount to $9,251-
17G.GO In the same period , with $8,332,092.52
satisfied. In Douglas county the number of
farm mortgages recorded was 128 , with an
aggregate consideration of $256,259.37 , while
the number ot those satisfied was 91 , having
an aggregate consideration ot $119,520.82.
The second baseman of the Jacksonville
ball club was assaulted by a local colored
man at the Capital hotel the other evening ,
but came out unscathed. The colored man
claimed that the ballplayer had tried to
lead his wife astray , j * . f
The Citizens State baiik of St. Edwards
and the State Bank at Smlthflc'Id have In
corporated under the lasrsnot the state and
propose to begin business. , '
Articles of Incorporation of the Electrical
Medical association of , fh . tate ot Nebraska
have been filed. * v
The Afro-American Jenfjue , with Dr. M.
O. Rlckotts ot Omaha In the chair. Is In
session here. DeleBatcs' from Omaha , Ne
braska City , Beatrice , * ) Hastings and other
cities are In attendance.
Twenty delegates to'tho state convention
ot the Ancient Order of i Hibernians at Tecumseh -
cumseh left this evening1 They are said to
bo after the scalp of State Delegate J. A.
Kllroy , whoso case was Considered at the
national convention lu Omaha. Kllroy Is
said to have used htsipoaitlon In the order
to defeat Bryan for re-election. -
To Kntorlulu thi T Veterans.
TECUMSEH , Neb. , Juno 28. ( Special to
The Boo. ) A company has boon organized
here and stock subscribed for the purpose
of placing a , pniall excursion steamer on the
Nemaha river. The proposed boat U to
carry from thirty-five to fifty passengers
und to bo In running order by August 15 ,
the time of holding the district Grand Army
of the Republic reunion < n this city. W. A.
Campbell U president of the new company
and W. S , Jones secretary.
Mob' * Victim IfJned ,
FALLS CITY. Neb. , Juno 28. { Special to
The Bee. ) Following the trial yesterday
morning In which the four Salem young men
were fined tor tarring and feathering Martin
Thayer , a fight wai precipitated between
Musical
Instruments ,
Sheet music only Co per copy. „
G.OOO copies of all grades of vocal music ,
folios , 25c. 35c and DOc. A full and com
plete assortment.
Musicians and ethers are Invited to look
through our stock of mandolins , guitars ,
violins , pianos and orgns. They will find
a complete stock at the lowest possible
prices. As a leader wo offer an elegant
guitar at $3.75.
Mandolins run from $3.75 up.
.Stewart bunjcs fiom $10.00 up.
We are also agents for the celebrated
Washburn mandolins and guitars.
Ueforo buying a chejp or medium grade
piano get our prlcej on the Chlckerlng. the
standard piano of the world. It you have
been accustomed to music dealers' prices
wo know cu- figure * will astonish you. New
pianos olunys on hand for rent. Piano
tuning a specialty.
In organs we have all styles and prices.
Como and see our piano case organ , the
latest novelty. In appearance It resembles
a handsome upright piano. It has seven
full octavo keys.
Fruit and Fish.
We have fancy lemons 12 4c and 16o per
ilo/en ! ; nice sweet oranges , IGc 20c , 25c and
30c ; codfish , 2V4c per pound ; nice herring , IGc
per dozen ; California salmon , lOc per
pound ; white fish , 3&c , Gc , 7MsC and lOc.
Everything In fish hero at lowest prices.
Here are some of our prices : Country but
ter , lOc , 12J4C , and best country butter , IGc ;
again our separator Is up for 18c and 20c.
There Is no butter made to equal our cream
ery ; buy some and be convinced.
Meats.
For fine quality and low prices In meats
and lard we arc without doubt the leaders.
California sugar cured hams , 9c ; corned beef ,
Gc ; pickle pork , 7'c ; dried beef , lOc , 12 c
and 15c ; boneless ham , lOc ; bologna head
clieeso and liver sausage. Go per pound.
the ! same boys. Thayer was arrested and
fined $1 and costs.
Tin co Serious Accidents.
BLUE HILL , Neb. , Juno 28. ( Special Tele
gram to The Bee. ) D. E. Lance fell under
the wheels ot a freight train this morning
whllo attempting to got off at the depot.
Ills feet were frightfully mangled , and
amputation was necessary. Ho came here
recently from West Virginia In search of a
farm.
NEBRASKA CITY , Juno 28. ( Special
Telegram to The Bee. ) E. F. Thorp , ono
of the oldest and most highly respected citi
zens of this county , was thrown from his
buggy during a runaway today and badl >
Injured. Ills body was terribly bruised anot
a rib broken. Mr. Thorp being quite welt
advanced In years , his Injuries may result
seriously.
Isaac , the 8-yoar-old son of Ben Hakan ,
was badly burned last night while play *
Ing with a darlc lantern. The lantern ex.
ploded and the boy's hands and arms \ver
shockingly burned before the flames could
bo extinguished.
Fremont llrovltles.
FREMONT , Neb. , Juno 28. ( Special to The
Bee. ) John F. Gelger was granted a dlvorco
from Dora H. Gelger In district court on
the ground of abandonment.
Frank Pugh left for a GOO-mtlo wheel run ,
which will land him In Walworth. Wls.
The relatives and friends of Mr. and Mrs.
I. H. Wlntcrstcen mot at the residence of
David Franklin yesterday to Join In the
celebration of their fiftieth wedding anni
versary.
The following officers were Installed at
the last meeting of the Masonic lodge ; Ed
Alrls , W. M. ; Julius Beckman , S. W. ; E.
Schurman , treasurer ; George Storey , secre
tary.
Dunghtor * of ViituruiiH Elect Officers.
GRAND ISLAND , Juno 28. ( Special Tele
gram to The Deo. ) The convention of the
Daughters of Veterans closed today. The
following officers were elected : President ,
Ida King , Grand Island ; vlco presidents ,
Carrie Prouty , Gibbon , and Bertha Talbott ,
Red Cloud ; treasurer , Alma Redding , Lin
coln ; secretary , Margaret Brown , Grand
Island ; Installing onicer , May Bevtn , Grand
Island ; mustering o mcer , Stella Allen.
Geneva was selected as the place for holding
the next year's convention.
Veteran Turner Honored.
GRAND ISLAND , Juno 28. ( Special to
The Bee. ) The editor of the Independent ,
Fred Iledde , received a cablegram from
Kiel , Germany , from a committee of the
Turner vcroln , congratulating him and ex
tending best wishes as a charter member
and organizer of that society , the oldest In
Schlcswlg-Holsteln. As far as known , Mr.
Heddo Is the only living member among
those who organized that society , which Is
now celebrating Its fiftieth anniversary.
Arcadia 'Masons Eluct Ofllcors.
ARCADIA , Neb. , Juno 28. ( Special to The
Bee. ) Guago lodge No. 208 , Ancient Free
and Accepted Masons , held a public Installa
tion ot officers last evening : The follow
ing o Ulcers were Installed : W. B. Reynolds ,
W. M. ; P. Christian. 8. W. ; G. H. Klnsey ,
J. W. ; S. W. Goddardtreasurer ; Dr. A. E.
Bartoo , secretary ; J. W. Montetth , S. D.j
W. I ) , Bennett , J. D. ; J. Rowley , chaplain ;
J. Parker , tyler ; J. Montelth , W. S. Owen ,
stewards ,
_ _ _ _ _ _ _ _
Sudden Dt-uth ut u I'lnnoer.
PALMYRA , Nob. , Juno 28. ( Special to
The Bee. ) William M. Thaler , who had his
hip broken by being thrown from a carriage
last winter , died suddenly of heart failure
this morning. Mr. Thaler had been a resi
dent ot Otoo county since 1857 , Ho was a
member of company A , Seventy-third Illinois
Infantry. Ho was 58 years old and leaves
a wlfo and two grown children.
Corn ( Irowlni ; Ituplilly ,
BLUE HILL , Neb. , Juno 28. ( Special
Telegram to The Boo. ) This locality had
several heavy ralna lately. Hot winds pre
vailed yesterday for three hours. Corn U
Icnoo deep and growing rapidly ,
No Alii for Wuuleri.
QRAND ISLAND , Juno 28. ( Special to
Thu Bee. ) Hlgglnson'a branch of Common-
wealer * Is camped nine miles below the city ,
House
Mason fruit jar rubber * , 3V5c per dozen ,
get them while they last.
Jelly glasses , 24c per dozen.
nocklngham cream pitcher. Go each.
24 sheets , all colors , shelve paper , fancy
border. Go.
Silver metal tea spoons , l.lc per set , worth
7Gc.
Sliver metal table spoons , 2Go per set ,
worth $1.GO.
Feather dusters Sc each.
Terra cotta cuspidors , 13o each , worth
40c.
lea cream freezers , OSc each.
No. 7 copper bottom wash boiler , worlh
7Gc , 40c.
No. 8 copper bottom wash boiler , worlh
$1.25 , GOc.
No. 7 copper bottom tea kettle , worth $1.00 ,
3Gc.
No. 8 copper bottom tea kettle , worth $1.25 ,
GOc.
A good tin tea kettle , worth GOc , 15c.
An extra heavy dish pau , worth 25c , 9o.
Wash basins , 3corth lOc each.
Milk pans , 2c , worth Sc each.
Pie tins , Ic , worth Gc each.
Stew kettles , Sc , Mortli iSc.
Preserve kettles , lie , worth 25c.-
Bread pans , JOcorth 20c.
Kxtra heavy Japancd dust ran , Gc , worth
IGc.
IGc.The
The Western washer , $2.25 each. Don't
pay other dealers from $2.00 to $3.00 more
for the same machine.
Coupons free with all purchases.
Get a Free Coupon With Your Purchase.
near Donlphan. They came down the Platt
river In boats and are ninety In number.
Commander HIgglnson has been In the city
two du > s seeking aid and provisions , but
neither the county nor city authorities will
or can do anything for them.
Small llhi/o lit Nebraska Oty. |
NEBRASKA CITY , Neb. , June 28. ( Spo-
lal Telegram to The Bee. ) The Stock ex
change building , owned by the Union Stock
Yards company , In which Secretary of Agri
culture Morton Is largely Interested , was
damaged about $700 by fire this morning.
Irturance , $5,000. Origin of the fire Is un
known.
I.osrs an Educator.
GENEVA , Neb. , Juno 28. ( Special Tele
gram to The Bee. ) Prof. H. L. Chaplin , for
six years past the city superintendent ot
schools , has been elected superintendent of
schools of Sterling , III. It Is understood
that ho has accepted the position.
Knocked Out of Tlmo
By that atrfa blood depurcnt , Hosttetor's
Stomach Bitters , the young giant , rheuma
tism , withdraws , beaten. In maturity It Is
harder to conquer. Attack It at the start
with Hosteller's Stomach Bitters , and save
yourself years ot agony and constant danger ,
for this malady is always liable to attack
the heart. Potent In malaria , dyspepsia ,
constipation , nervousness und kidney com
plaint Is the Bitters.
Balloon nightly at 8 at Courtland Beach.
TBIED THE WEALEKS.
I'odcrul Odlflals Koturn from Holding Court
ut Fort Sidney.
Judge Dundy , Commissioner Frank , Dis
trict Attorney Sawyer , Marshal White , At
torneys Kelly and Wheeler , and the officials
who went out to Fort Sidney to try the
crowd of Commonwealers captured at Big
Springs returned to this city yesterday ,
having completed their duties. Nearly all
the Wealers pleaded guilty to the charge of
Interfering with trains In charge of the
government , which makes them In contempt
of court. Twenty-five of them were tried
and nine dismissed. Judge Dundy deferred
his decision and will sentence them with
thoBo who are In the Douglas county Jail ,
awaiting sentence on the same charge , at
the same tlmo.
Judge Dundy was 111 part of the tlmo ho
was out to Sidney , but ho Is better now
and may open court this morning tr >
hear cases In equity. Ho has discharged
the Jurors und It Is not likely that they will
bo reconvened during the present term of
court.
e
DoWItt's Witch Hazel Suivo cures ulcers.
DoWUt's Witch Hazel Salvo cures piles.
Balloon nightly at 8 at Courtland Beach.
I'aliitiMl from Exliiitiatlon.
Otto Rclmcrs , a German actor without
family In Omaha , fell to the pavement at the
corner of The Bee building shortly after 2
o'clock yesterday In what appeared tt
bo a severe sunstroke. Dr. Towno of the
Board of Health was called as ho was pass-
Ing. Ho at once pronounced It a case of
physical exhaustion , as the man's tempera
ture was entirely too low for sunstroke.
Rclmcrs has been In the St. Joseph hospital
for a number of weeks and was yesterdn >
given a letter to County Commissioner Live-
soy with a request that he bo admitted to the
county hospital. Ho was on his way to the
court house when overcome. Ho was taken
to the county hospital later.
o
Popular music at Courtland Beach.
Fine ArtK Academy Itccoptlon ,
The young ladles of the Omaha Academy
of Flno Arts will appear In costume this
evening at the reception to be given at the
studio In the Natatorlum building on Howard
street. The \sork of the students for the
past year In oil and black and white , from
llfo and casts , will bo shown , electric lights
having been put In for the purpose. Re
freshments will bo served , and a number ot
leading musicians will be present und assist
In a short musical program , Including Hans
Albert , Mrs , Nye , Mr. Gahm and othera ,
Balloon nightly at 8 at Courtland Beach.
A boys' fine knee pants suit 95c , worth
$2.00.
Strictly nil wool double or single-breasted
knee pants suit , on sale nt $1.00 ; they are
worth $3.00.
Remember your choice of all our fine
grade summer stills In knee pants , 3 to 15
years , your choice at $3.25 ; they have boeh
sold for $5:00 : and $ fi.OO.
Call for coupons.
COUPONS FHEB WITH ALLSALKS. .
Clearing
Worth. Sale Price.
Men's straw hats 25c lOo
Men's straw huts 7Gc 23o
Men's yacht sailors. . . $ UO GOo
Children's straw hats. 25e lOc
Chlldicn's straw hats. 05c IGo
Children's straw hats. HOe 2Gc
Children's straw sailors 35c IGc-
Call for our free coupons.
Trunks.
Clearing
Worth. Sale Price.
Crybtal covered , Iron bottomed
tomed trunk , strong nnd
durable $5.GO $3.GO
Black enameled , Iron bot-
Iwirgaln $10.00 $ G.OO
Canvas covered , Iron bottom
tom trunk $10.00 " $5.00
IllNK
THINKS
IN CHOOSINQ DRINKS AND
HIRES'
WILL LINK YOUR THINKS.
Deliciously Exhilarating , Spark
ling , Effervescent. Wholesome
as well. Purifies the blood , tick
les the palate. Ask your store
keeper for it. Get the Genuine.
Bend I cent lUmp for l * ullful plotura eudi
&nd book *
THE CHAS. E. HIRES CO. ,
Philadelphia.
MEYERS' ' AUTOMATIC BOILER CLEANER
Manchester Mfg. Co. , No. Manchester , Incl.
iil i
Mechanical davleo for removing nil Impurltlf *
fiom boiler ; iireventlnB BonlliiB , foumliiK , also
remove all old ucnle , without tlio imu of com-
pounil or wnnhlns out. Sold strictly on fiunranteo
to KVO ! mitlHfnctlon. CorreHpondenca Hollolted.
General \Vestern OHlce 103 , IJou Uulldlnir ,
Omaha , Neb.
NEWt
, . *
LIFE
Dr. E. C , Weal's Nerve and Drain Treatment
UKolil uiuler pnilllvo written irunruntoo , by author
ized oiionta ( inly , to euro Wuuk Momnnr ; loan of
Hralnmul Norm roworjl-ost Manhood ; Qulrknoso ;
Nlttht IxlBK'n ; I'.vll Urnnma ; T.uck of Uonfliluncu ;
Norvounnei-s ; iJinnltmlu ; all Prnlin ; I.OSH of 1'nvror
nt the acniirntlto OrK im la ollli-tr , cnunedl
ovor-uxcrtlon ; Youthful Krrors.nr Kicetulvo Usoot
Tobacco. Opium or Liquor , which noon lend to
MliorCoiisumntlim. . Ininnlt/und Dculh. lly mall ,
( Inbox ; Uforfj ; nllh wrlttoi ) Kuiinmlco to euro or
rgtunil inoLoy. WKHT'BCOIIUIIHYJIUI' . Acurtnla
euro for Cough * . Cnldfl , A'tlimn , llrouchltltf , Croup ,
Whooping Condi. Uoru Throat , rionsnnt to t k < i
HniQll cUe discontinued ; old. Ho. else , nuwOlo. ; old
tl rlzo. now We. UUAHANTKKS tuuod uuljr by
Goodman Drug Co. , Omaha.
DOES WE HAVE
YOUR A BOOM
FOB FITTING-
T BUSS
TRUSSES
PLEASE
and a
YOU ? Largo Stock.
The Aloe & Penfold Co.
1408 Farnam St. , Opposite Poxton Hotel
THE LION DRUG HOUSE ,