THE OMAHA DATLT BEE : FK1DAY , "PE13B1TAUY 17 , IS ! ) * ) . SLEEPY CYCLISTS GRIND ON Olram in the Lend of Biz-Day Race at San Francisco. HAPPILY NONE IS YET IN BUG HOUSE STATE Thirteen Klitum Arc HUM Iti dip Ilncc nnil Illil Pair to I'ull Through In ( limit Stinpc I'lcrco Itcuot er . SAN FHANCISCO , Feb. 1C. Ono by ono the riders arc pasting tlio bail spoils which cvory rider Is bound lo find In n six-day firlml. Thirteen riders still remain In the International six-day race and tlicsa ara due to finish the race now that the third day la practically completed. Few rldcra ever quit nt this time. Positions have lie- como more sfttled and llio dUtnnccs be tween the riders place the positions of each moro clearly , ns changes come less seldom than was the case when the rlilcre pro- aontcd a fresher appearance. Today an Inspector went out from the city to taUo tip bis quaitcrs lu the training quarters and matched the men ns tlioy came from the track. Ho talked with the trainers ono by ono and found that not a rider on the track -was In that condition known as "bughouse" In the vernacular of the track. Sleepy they are , undoubtedly , and In that condition llkoly to glvo the Impression of imvlng reached the "daffy" staso. IJut a little rrot , which Is prescribed by the referee , soon places the wan right ngaln. Hound and round the eight lap hlghty- tanked track the thirteen men followed each othar today. At times the riders would sprint , but the greater part ot the work was steady wearing to It. Incidents were not so numerous nnd surprises were few nnd far between. In the slx'ty-thlrd hour , when twenty-four miles to the good of Miller , Louis dtrnm , the leader , left the track Tor n rub. I only want a rub , " eald he , "for iny business this week is 'cyclo riding and not sleeping. " Veil AN ! < M-I > nil UtilililiiK Table. Hut he fell asleep whllo they wore rubbing him and a smile was on his face as for fifty minutes ho enjoyed the bllaa ot forget- fulncRS. Waked again , when Miller was but ttuvcn laps to tbu good , he rose quickly and , with no knowledge of the tlmo ho had been from the track , ran nut again to the elrclo ivhoro lay money and glory for him. Glmm nt once took the Initiative and started n galling gait for Miller. The Cblcagoan tired of following and tried to run away. Glmm trailed , the game ho has worked so persis tently since the start ot the race. Miller glanced around apprehensively and when Plorco , In the alxty-suvonth hour , started sprinting for lay after lap Glmm trailed the Iloatonlan and Miller had another hard chase. Then Miller left the track and In lila dressing room ho said that team work was being done against him. Ho was n victim of vi\ld Imagination , ns I'lerco was guilty only of good riding and Glmm of , following the pace. The recovery of Plerco came as n surprise to many who bad thought Titm out ot tlio race. Anronson also did some good work. N.r\\n quit again and again nnd at times walked across tlio track center matching the other competitors. Trainer Kikescalls Nawn nnd Barnaby his babes In the woods because they are no often lost. Yet both do some brilliant sprinting nt times nnd Bnrnaby does much whistling as ho worries through the hours. Fredericks Is staying nnd gaining form. The score at C:47 : , the sixty-seventh hour , i\\as as follows , the previous record being 1,092 miles , 727 yards , made by 'Miller ' In 1897 at Madison Square garden , Now York : Miles. I nps. Glmm 1,183 Miller 1,171 Fredericks 1,125 Anronaon 1,121 Hale 1,09. ! Plerco 1,082 Nawn 1.07G Albert 1,003 Barnaby 1,033 Plllclngton S9S Lawson 975 Aihlnger 9JC Julius S33 HOOT AXU STHfT AT UAVKM'OKT. Former Mini AVlnx on n Foul lu tlic Seventh lloiiml. DAVnNPOUT , la. , F b. 10. Jack Root and Hilly Stlft of Chicago battled hero this evening before. 1,200 spectators for the mid dleweight championship Of the northwest. The light was scheduled for twenty rounds. It was n fierce ono from the start , Hoot , In the first round , opening n. blfr cut above Ills opponent's left eye anil nagging him ut long range throughout six rounds. Stlft relied fiercely on llercc rushes and striking lili opponent In clinches , which was al lowed under the conditions of the light. In the suvcnth round Hoot still had the better of the light. Ho went down on one Icneo In a rush before Stlft was struck by the latter when down anil Referee llalncy Hognn gave the light to Root on n foul. Tommy Ryan challenged the winner and lins been accepted for twenty-live rounds under the uusplccn of the Davenport club. Crnlilll UcfftilM IloliurtH. Following upon his defeat of Ilurke a few weeks ago , Frank Crnblll of Missouri Vnlloy Thursday afternoon won out from Roberts of this city In n 100 live bird incc at the Kipunds at the Omaha Gun club over the river. The two men shot ror a side , bet of J100 nnd the Missouri Valley man wqn by n margin of two birds , tlio score being 92 to 60. The match waa an Interesting ono and was witnessed by a good crowd of shoot rs nnd n number of women. The Hcore was ns ' CrnbUl 25222 22221 21202 20022 22021 2222J 2 122 22121 22112 21222 2J222 21112 22222 01222 22212 221 > 1)2 O ' G 22212 12002 22222 92 IlobertS 22221 1 220 22211 01112 11211 01111 12111 12121 12J12 21211 11012 12112 12111 01222 21122 11222 02223 01201 21201 21112 90 Killed out of bounds. AVlnni-rn at Nmv Orli-niiH , NEW ORLEANS , Feb. IB. Racing WHS resumed this afternoon nt the Crescent City Jockey club trnrk , nil evidences of the bllizard which prevailed early In the week having dlsappetiiGil. The wcnthtir was cloudy nnd utlll qulto cool nnd the track inuddy. Father lllll Daly had the honor of landing tlu only favorite , Sensational. KCHUltH ! First race , six furlongs : Sensntlon.il won , Mola second , Lady Callahan third , Tlmo : 1-20. Second race , six furlongs : Hhlers won , Fox second , TondreHS third. Time : 1:30V4 , Third rnco , gelling , one nnd three-six teenths miles ; 1'ito Kitchen won , School Girl eocond , Joe Shelby third. Tlm : 2:14. : Fourth race , handicap , seven furlongs : Ilobart won , Uonnerges second , Double Dummy third , Tlmo : 1:33. : McCoy null Cho > imkl Miitclieil. SAN FRANCISCO , Feb. 10 Tlio ropro- entatlves of Kid McCoy npd Joe Choynekl today signed articles for n glove contest on March 21 , under the auspices of the , Na tional club , Sporting men are much Inter ested In the raining event and the lighters will go Into training at one * . half of.I no SnielliTH. ST. LOUIS , Feb. 10. A special to the Post- Dispatch from Joplln , Mo. , saysAt loin , Kan , , the center of the natural gas belt of Kansas , a deal wit ) be closed this week , probably today , 1.7 which 'the ' big zlna melters ofV. . & J , L Lanyon and of Rob ert Lanyon'u Sons will bo sold to the Pal myra Oil company , which Is the Kansas branch of the Standard Oil company. The consideration will not be leas than $2,000,000 cash. These nro the largest natural gas smelters In the world. Mfi-cluiiit Tiillorw nil-lit DRTUOIT , Feb. 16. The Merchant Tailors' Katlonal exchange wound tip Its fourteenth annual com cut Ion today with the election of olllcers and a banquet. The election re sulted us follows : President , W. E. Jones , JioEton ; flrat vice president , J. 8. Jennings , Detroit ; bccondlu president , F. 0 Ebal , Itlchmond , Va s secretary , Fred W. Croft , Chicago ; treasurer , It. 0. Notbohm , Milwau kee. The next meeting will be beld at Louis * vlllo February 8 , 1900 , ROW OF NAVAL MILITIAMEN CIilcnRo'it Ilrnvo Yonnnr Men A in o M TlioinapM CK nnil In- lit n CHICAQO , Feb. 1C. For two years there has been strong feel Ing among factions In the Illlnoh naval mllltln , which has led to Its dlsbnndmcnt nnd Innumerable cquabblcs , Tonight It resulted In n lively fight , dur ing which the windows and glass doors of the armory were smashed , heads broken and blnod spilled , During the evening1 n de tachment of the old reserves lysld a meetIng - Ing nt a downtown hotel and after they had finished their business they adjourned to the armory to see their successors drill , The drill did not meet with the cntlro ap proval of the old men nnd contcmptous re marks < by the latter started the trouble. Canes , fists and anything that came handy were used as weapons nnd while none on cither sldo iwns seriously hurt there were any number ot blooily noses , torn garments and blackened eyes when the fracas was over. H'KINLEY ' CUEST OF BOSTON ( Continued from First Page. ) trust them ; I know ot no better or safer human tribunal than the people. Until con- Krefcs shall direct otherwise it will bo the duty of the executive to possess and hold the PhlllpplncKv giving > to the people thereof pcnco aud beneficent government , affording them cvory opportunity ito prosecute their lawful pursuits , encouraging them In thrift and Industry , making them feel and know wo are their friends , not their enemies ; that their good Is our aim ; that their welfare Is our welfare , but 'that ' neither their aspira tions nor ours can bo realized until our au thority is acknowledged nnd unquestioned. ; S DcMlKUM ot IlllpcrlllllNlll. That the Inhabitants ot the Philippines will be benefited by thla republic Is my un shaken belief ; that they will have a kindlier' government under our guidance and that they will bo aided dn every possible way to bo self-respecting and self-governing people Isns true ns that the American people love liberty and have an abiding faith in their own government and their own institutions. No imperial designs lurk in the American mind. They are alien to American eentl- mcnt , thought and purpose. Our priceless principles undergo no change under a trop ical film. They KO with the flat : "Why read ye not the changeless truth , The free can conquer but to save ? " If wo can benefit these remote peoples who will object ? If , In tiho remote jcars they nro established in government , under lo\e nnd Ilbuity , who will regiet our perils and sacrifices ? Who will not rejoice In our heroism and humanity ? Always perils and always after them safety ; always darkness and clouds , but always shining through them the light and the sunshine ; always cost and sacrifice , but after them the fruition ot lib erty , education and civilization. MiiNt 1,0old Into Far Future. I have no light or knowledge not common to my countrymen. I do not. prophesy. The nresent Is all-absorbing to me , but I cannot bound my vision by the bloodstained treudhes around Manila , where e clry red drop , whether from the veins of an Amer ican soldier or a misguided Filipino , Is anguish to my heart , but by the broad range of future years , when that group of Islands under itho Impulse of the year Just past shall have become tbo Rcma and glories of those itroplcal seas , a land of plenty and of in creasing possibilities , a people redeemed from savage indolence nnd habits , devoted to the arte ot peace , In touch with the com- nierco and trade of oil nations , enjoying the blessings of freedom , of cl\ll and religious liberty , of education and of homes , whose children of children's children shall forever bless the American republic becouso it emancipated nnd redeemed their fatherland and eot them , ln ithe pathway of the world's best civilization. Postmaster General Smith , the next speaker , began with a eulogy of the presi dent and then entered upon a summary of the work accomplished by the administra tion in the revision of the tariff , the restora tion of business confidence and the reunit ing of the north nnd south. Ho was fol lowed by Secretary of the Navy Long In a witty address in , which ho frequently re ferred to Massachusetts and its sons. SNOWING HEAVILY AT ASPEN Mountain Trillin IHouUiMl itltli Slides null Sn < > Anlierott MliierH S11 IMboiiii il. ASPEN , Colo. , Feb. 1C. It has been snowIng - Ing for the last thirty-six hours hero and conditions surrounding the camp are further complicated. Whllo railroad traffic has been partially resumed the mountain trails to the outlying camps are about all blocked by Immense slides of snow drifted many feet. At Independence about a dozen people are still hemmed In with two teams and the/ problem of their getting out Is becoming more difficult every day. The miners at Ashcroft have not been heard from for a month and friends here are greatly con cerned about their safety. The snowfall In tlio camp has been the heaviest In fif teen years. FORTY THOUSAND EMBEZZLED I3L-'lYuiHurer of Vvriion County , Mf - Hoiirl , Arrcntcil mill 1'ut Under Heavy lloiiilH , NEVADA , Mo. , Feb. 1C. Frank Parker , ox-county treasurer of Vernon county , was arrested today on the charge of the em bezzlement of $40,000. Ho was taken before Judge Cell nnd his bond fixed at $20,000 , which ho has not yet given. Mr. Parker says he expects to make a full settlement March 1 , Xo Clio In o for Scnutar. HAnniSUUHQ , Pa. , Keb. 10. The twenty- Blxth ballot for United States senator today ; Quay , 97 ; Jenks , 74 ; Dalzell , 15 ; Stone , 66 ; Stewart , 6 ; Irwln , 6 ; Huff , 0 ; Tubbs , 2 ; Marlcle , 1 ; Wldenor , 2 ; niter , 2 ; nice , 2 ; Grow , l ; necessary to choice , 110 ; absent and paired , 33 , DOVCIl , Del. , Feb. 10. The vote for United States senator today resulted : Ad- dlcks , republican , H ; Chandler , republican , 7 ; Gray , 1 ; no quorum. The democrats re- mnlncd out of the Joint convention to pre- \ent the possible election of Addlcka. SALT LAKE , Feb. 1C. Six senatorial bal lots were taken today , the result of the last ballot being ; King , democrat , 7 : ' McCune , democrat , 20 ; Powers , democrat , 3 ; II. F. Thomas , democrat , 1 ; U. P. Cook , democrat , 1 ; Cannon , 11 ; Sutherland , repub lican , 13 ; absent , 1. Confci-i-ncie on Turin" Iliite * . WASHINGTON , Fel ) . IG. A conference was held here today between the Inter state Commerce commission and the presi dents or other principal officers of the great railway trunk Hues over the rate situation. There were about twenty officials present. Since then there have been conferences be tween the railroad authorities themselves pnd today they reported in the main a generally batlsfactory understanding. No road , it was understood , had broken this in formal agreement for uniform tariffs. LOCAL BREVITIES , Albert De\\ey , n teamster residing at 1520 North Fifteenth avenue , was arrested last evening charged with abusing hid family. Ho was Intoxicated and attempted to throw bis wife aud children out of doors. Kd Tuttle. locally kuoun as the "Mayor of Sheeley , " waa taken lute custody by the uillco last night for disturbing tbo peace. Ho was pounding the dears of houses In the neighborhood of Eighteenth end leaven , worth streets. William Hums , an cruploje of the umtlt- IIIK works , was found on the streets last ulliht Insane. Uurns was laboring under the Impression tbat a woman hired to kill him was . < gglng his footstcia. He begged the pM'.M .0 protect him and as ho refused to rou/ti to his room ho was locked up until morning , when hewill be sent to appeal before the Insanity couunUslonera. FAVORS A TRADE ALLIANCE Lord Beresford of England Upon the Ohinesa Question , METHODS FOR SECURING DESIRED RESULT United State * , ( Ircnt Hrlilnn , Germany nnil .Inpnii Shoulil Work for ( > | iei > Port * AVhoro All Cnn Triulo on 12 < | tinl TcrmM. Lord Charlca Beresford Is a great big handsome Englishman and a titled foreigner who spent n brief period In the city Thurs day evening , cnrouto to Chicago from San Francisco. He Is returning homo after a three months' visit to China In the Interest of the trade alliance which contemplates a friendly arrangement between the United States , Great Britain , Germany and Japan , which has for Its object the maintenance ot the Integrity of the Cblncso cmplro nnd the extension of the commerce of these na tions In that section of the Orient. In September last Lord Bcrosford went to China os the official representative of the various chambers of commerce throughout the United Kingdom to mnko definite In quiries and report upon the Tjest method of contributing to this alliance. Inciden tally his lordship -was Instructed to ascer tain whllo parsing through the United States what the sentiment of the nation Is on the alliance subject. In n Diplomat. Thla distinguished gentleman Is a trained diplomat and In splto of the fact that lie holds all sorts of titles under her majesty's government , among which Is. that of ad miral of the navy , which ho won In the heat ot battle , bo la the most democratic of good fellows. Ho Is n member of Par liament and expresses considerable anxiety to get homo to participate In the sittings of that 'body. The Bee representative -went out on the Union Pacific and came in with Lord Bores- ford , The gentleman occupied a drawing room ot palatial appointments In ono of the now sleepers which that company Is oper ating In connection with Its Overland Lim ited trains. Howas accompanied by his private secretary. Robin Grey. Ho talked nt length on the subject of his Investiga tion and asserted that ho ( believed the plan of the alliance ifor trade purpose of Ger many , Great Britain , the United States and Japan Is not only qulto feasablo , but a very desirable thing for nil concerned. In discussing the subject his lordship ( be came qulto enthusiastic. "You see , " he re marked with n broad English accent and the kindliest expression Imaginable upon his face , " the nations mentioned are the only ones having any trade relations with China. Franco and Russia -want territory , for they bavo no trade and nothing to gain 'by ' any trade considerations , but at course they cannot oppose -with force such an aggrega tion as the powers mentioned. At present England lias about $185,000,000 of trade an nually with China , Germany follows with $15,000,000 , the United States with $35,000- 000while - little Japan has $20,000,000 , Now this can bo Increased an hundredfold by the plan the trade unions of the United King dom have In view and yet China bo tbo gainer Ih every respect. At present It la a game cf grab and the Chinese empire can not survive the present plan long. Then , too , the peace at the world Is threatened , whereas on the plan ot the chambers of commerce , the peace of tlie world will bo secure , the Integrity of the greatest empire of the Orient will be guaranteed and all the vast territory 'bo thrown open to trade. Open I'oriB Arc "VVmiteil. "At present , ot course , each nation has a so-called 'sphere of Influence' and In that zone they are supreme and all kinds of conflicting duties are levied. What wo tradIng - Ing nations want nro open ports where all nations can trade on equal tonnfl. The par tition of China among the powers Is In evitable If some such solution Is not offered soon. In my investigation I visited thirty- one of the prominent ports of China and practically covered all the southern prov inces , therefore I am well Informed on the subject. Of course China must have reve nue and the open ports will afford thjs. Then when her army and navy are reorgan ized and officered ( by representatives of the civilized nations the country will soon 'bloom ' like the Garden of Eden. I find much sentiment In this country In favor ot this plan. We do not want an alliance , defensive and offensive , such as will glvo cause for hard feeling on the part of other nations , but merely a friendly understand ing. ing.Whllo Whllo his lordship -naa talking the train was making tremendous speed. The flyer was Into nnd from North Platte to Omaha the long train mas toeing pulled along at the rate of a mile a minute and better. Bo- tiwcon Grand Island and North Platte , 135 miles , but 130 minutes were consumed and frequently the train made eighty miles an hour. When Lord Beresford vias told what swift tlmo ho was making ho was amazed. "Why I never saw anything like It. And then , too , this dining car system , It Is grand. The appointments of this train nro a constant source of surprise to me. Why , I can write , drink ray coffee nnd ibe travelIng - Ing nearly two miles a mlnuto nnd the flying train scarcely making a single jolt. I have heard a great deal of the Union Pacific , Ha engineering miracles , etc. , but the palatial trains and their wonderful speed are suffici ently Interesting to attract all my atten tion. " When Lord Bereatord reaches homo he will have traveled 33,000 miles since startIng - Ing on his Investigation. Muxlu tor tlic Children. Miss Marie Rent Hofcr of Chicago eave two lectures In the Young Women's Chris tian association rooms Thursday under the auspices of the Omaha Mothers' club and she will complete heir series by giving two more today , 0110 this afternoon and oqe this evening. Both of the lectures yesterday were largely composed of women. Miss Hofer'e lectures bear upon the use ot musk : In the early education of children. She seeks to Impress the Importance of having children ox prow themselves understanding/ music. Her ideas are another branch of modern methods lu kindergarten teaching. She would do away entirely with songs which the children cannot understand and In tiholr place use familiar melodies to which simple sentences have been arranged , thereby Interesting the children and Induc ing them naturally to tnter Into the pplrlt ot the words and to expcess their feelings by the manner of their song. She gave ex- amplea by singing dancing1 eongs and others which are easy for the young to learn , yet carrying an object leeaon. Iluimitay Hey Found. A 9-year-old boy giving bis name as Ftcd McFarland was found by the police last nlKht wandering about the streets In tin. neighborhood of Sixteenth and Chicago streets. When taken to the Matton the little fellow said that his home was lei Fremont and that be 'had ' como to the city from that place during the day , having made the trip In a fnnr.r-r's wagon. Tlio farmer , the lad said , had abandoned htm about supper time and had darted to return to Fremont. The story was belleu'd by the police and the boy waa given a wiarru bed In the matron's room. When search was made 'for his friends It developed that the lad Is Freddie Lynn , Wbo ran away from hie home , 3423 Mason street , Tuesday afternoon to escape a whipping. His father was notified and Freddie was itnken home. He would not tell where be has been elnco Tuesday. Clone of ltr > l > nl 3Ii > elluur. Rev. Morton Smith will preach bis last sermon tonight at tlio First United Presby terian church. The meet In ITS have been well attended and much good has beoii accom plished. A number of persons have been led to God and < ho membership has been greatly revived. Mr , Smith goes on Saturday to lovid , where he will hold meetings At Wln- throp ntul later nt Fort " \Vaync , tnd. The evangelist's Afternoon talks on prophecy have been greatly enjoyed. vrltlt DctrctUrx. Detectives Havey nnd Jorgensen had fierce encounter under the Tenth street via duct la t night with two ttioak thieves , whc attempted to lay them out. By good tut of their clubs itho officers came out vic torious , but when they reached the police at at I cm with the prisoners they carried nearly ns many marks ot the fray ns the men they took Into custody. Frank Lewk nnd Charles Galvln are the men arrested. Snip of South I'nrk I.lno. DCNVnn , Colo. , Feb. 16. The sale of the Sauth Park lintto itho organizers of the Colorado & Southern was approval by J. 0. Hallett of the United Stntci circuit court to day. Notice ot a contest of that action wee filed by Wells H. Hendornhot , nttorney for Mrs. Helen M. Kerr , who claims the land on which Kcnosha utatlcti la located. for tlic Cnr > of Confrilcrntc Orn\CN , WASHINGTON , Fob. 16. Representative Bland ot Missouri toady Introduced a reso lution providing that the government should take immediate stops to care for the gravci of confederate dead In accordance with the suggestion of President McKlnloy.v of Stitlilo KIllH Tun Men. WASHINGTON , Fob. 1C. By the collnpso of the roof of the Ebbltt house livery stable today Clarence Gross nnd Joseph Hill , drivers , were killed. FIve others were slightly Injured. lOXOIlANCU OF TIIU FILIPINOS. Mlnfloiirl Solillcr Dcnci-Hion tlio Ilftr- ImrUy of Their McthoilN. MAKYVILLE , Mo. , Feb. 15. ( Special. ) Harry H. Kerr , a Maryvlllo young man who Is n _ mcm'ocr of Company L , Third United States artillery , now In the Philip pines , forecasted with remarkable accuracy the events of the last few daja there In n letter written January 2 , which has Just been received horo. After describing at some length Agulnaldo's advisers , their aims and characters , ho said : "In this sketch of Agulnalilo's generals and intimate associates I ha\o tried not to bo prejudiced against the insurgent leaders , but my conclusions are that many of them are greatly In need of education. Most of them nro honest , niany nro rascals of the worst typo and all need to learn much of the art nnd science of war. If they nro ever engaged in deadly conflict they will bo found wanting in the commonest class of military movements aud will have their followers slaughtered like sheep In a butcher pen. All they know about war Is what they have learned in resisting the Spanish , nnd that war was nothing but guerrilla war fare of the most barbarous sort. To como out and meet n foe on an open battlefield would be n now oxperliaco to them , nnd after they have had a taste of It they will not bo Inclined to face tbo muslo again. After ono or two brushes with the American soldiers I think they will take to the woods , and conduct a guerrilla warfare. If they do we T111 have n hard and dangerous time fighting them. " SUPREME COURT SYLLABI. No. 10IS3. Dalloy against Stato. Reverssd nnd dismissed. Error from Douglas county. Ragan , C. 1. A woman not "previously unchaste" within the meaning ot section 12 , chapter lv , of the Criminal Code , is ono who baa novr had unlawful sexual intei course with a male prior to the intercourse , with which the prisoner stands Indicted. 2. The object of the statute 1 > to protect the virtuous maidens of the commonwealth ; to protect those girls who are. undefiled vir gins ; and a femaJa under 18 years of ago and over 15 years of ago who has been guilty ot unlawful Intercourse with a male is not within the act. 3. The slst of the crime denounced by this statute Is the defilement of n virgin with her consent over 15 and under 18 years of ago by a man over 18 years of age. 4. The prisoner was indicted for rape under the utatuto for having1 in Nebraska had sexual Intercourse with her consent with a girl over 15 and under 1 $ years of nsra and not "previously unchaste. " The evidence showed that the female nfter she was 15 years of nso and beforn her sexual Intercourse with the prisoner In Nebraska , had had illicit sexual Intercourse for the first tlmo with him In the state of Iowa and that she had sustained such relations with no other man than the prisoner. Held : That the evidence would not sustain a con viction. 5. In such an Indictment may bo Included all acts of unlawful sexual intercourse which occurred between the prlboner and the prosecutrlx In the state of Nebraska after the female became 15 years of age and which were not barred by the statute of limitations. 6. The state In a criminal prosecution may not invoke against the prisoner the doctrine of estoppel. 7. To sustain a criminal conviction It IB not enough for the state to show that the prisoner Indicted has violated the spirit of the statute , but the evidence must show beyond a reasonable doubt that ho has of fended nsralnst the very letter of the law. No. 10322. State against Konnard. Re versed. Error fiom Lancaster county. Ra- gan , C. 1. At Uio time of the admission Into the union of the state of Nebraska the lands therein occupied In common by the Pawnee Indians and known as tbo "Pawnee Indian reservation" were public lands within the meaning- section 12 of the act of con- cress known as the enabling' act. (13 ( United States statutes at large , 47. ) 2. The fee simple tltlo to said lands nt said time- was in the United States , en cumbered only with the right of Bald In diana to occupy the same- . 3. By section 12 of said enabling- net con gress granted to the state of Nebraska 5 per cent of the proceeds arising from the sale ot nald lands , which took effect upon the extinguishment of the Indian's right of occupancy nnd the sale of the lands by the United States. 4. State against Kennard , 55 Neb. Rc- afllrmed , 8705. Smith nenlnst Neufeld. Reversed. Appeal from Hamilton county. Ryan , C. 1. Equitable relief may 1)3 granted for the removal from a homestead of the apparent lien of a Judgment on the theory that such Hen , thouKh only apparent , 18 a cloud upon the owner's title. 2. A general demurrer was Improperly sustained to a petition wherein were allega tions that plaintiff bad succeeded to the homestead rights of his Krnntor nnd that such rights were within tno statutory lim its dellnlntr homestead exemptions. thouKh such homestead rights were assorted with reference to but n portion of nn entire 320 acre tract ; nnd th& prayer ot the petition was for equitable relief ns against the ap parent liens of certain described ordinary judgments which bad been rend red against the said grantor while ho was entitled , as owner of the land , to the statutory home stead exemption Invoked by plaintiff S714 , Moseley against Chicago , liurllnirton & Qulncy Railroad Company. Rovera'd. Appeal from Lancaster county. Sullivan , J. 1 , The agreed consldoratlon for the grant of a rlKht-of-wny , Is conclusively presumed to Include the value of the land conveyed and all damaees to the grantor's adjacent lands , resulting from the non-npRllKont con- strurtlon and operation ot the road , 2. Where the part of the consideration for a rlcbt-of-way deed IB the promise of n rail road company to construct and operate a line of road over the grantor's land , the failure of the company to perform Its agree ment do > not entitle the grantor to a can cellation of the deed. 3 The remedy in such case is by an action nt law to recover the damages rsmiltlnsr to the prnntor frnm the company's failure to perform Its contract. 4. Whore a plaintiff has mistaken his rem- edv , but Is apparently entitled to some re lief , the cnuso may K * remanded with dl- lectlons to the trial court to permit a reformation of the issuesi No. 8 < ili. Sttinrt against Hank of Staple- burst : No. S012. Stuart nffalmn Bailey : No. 8013 Stuart against 7Iolt ; No. 8014. Stuart against Jones National Bank ; No. 815 ( ! , Stuart against Uttca Bank AlUrmed. ! > - ror from Sewnrd county. Harrison. C J. 1. In an action In a state court wherein a removal to a United States court Is Nought under the provisions of section 2 of the net of congress of March 3. 1SS7 , us corrected In 1SS6 ( see 23 United States Statutes at Large. 433) . nnd it appears from the fac of tbo record that the suit Is not a removable one. the application does not deprive the state court ot Its jiirlndlrtlon , 2. The better practice In such a case In , upon a proper application in the state court for removal to the federal court for the state , court to suspend proceedings In the suit and await the action of the federal tribunal on a motion to re mand but Its action during- the Interim may be of force and valid. 3. Directors of r national bank , who in simulated pprfor/nanco of the duties pre- zcrlbcd by the Jaw applicable to such an institution relative to the preparation and publications 'jf advertisements , statement * r It is our misfortune that the people of Omaha have such an opportunity of selecting , at almost no price at all , any ar ticle in our well ' assorted stock of Jewelry , Watches , Diamonds mends , Clocks , Silverware , Lamps , Umbrellas , Pocketbooks , Cut Glass , Bric-a-Brac , etc. , etc. Col. J. F. Turner will sell to the highest bidder any article that may be selected nothing reserved. The ladies are particularly invited to at tend these sales and inspect the stock you do not need to buy. Seats provided and every polite attention shown. GUT PRICES ON ENGRAVED STATIONERY AHD CARDS , 100 Engraved Cards and Engraved Plate $1.00. C. S. RAYMOND CO. , Snles Daily nt 2 and 7:30 p. in. Southwest Corner Douglas and Fifteenth Streets. and reports , knowingly mnko nmlpublish false statements nnd reports of the finan cial condition of the bank with Intent to de ceive , nnd such matters are believed and acted upon by parties to their dnmaRe , nro liable for the damages In an action for the deceit. 4. The liabilities which are fixed In the national banking- law for violation of Its provisions are not exclusive nnd do not pre clude the action for deceit. 5. The petition in the cnso at bar held testate state a CQUBO of action for deceit nnd not for icllef under the national banking law nnd to present no federal question for ad judication. C. The statements nnd reports which nre required and are made to the comptioiler and published In the newspapers have nmons1 their purposes that of conveyance of Information to those persons each or all who contemplate dealings with the bank In whlfch Its financial condition enters as n vital matter. 7. A petition In an action for n tort which joins sovernl parties ns defendants , if it states a Joint act and relative to a tort which may from Its nature be joint or com mitted by persons in combination , is not open to attack by demurrer oh the ground of mlsjolnder of parties defendant. 8. Questions of which there la no assign ment in the petition In error will not bo considered on review. SG9G. Luse against Rankln. Revered. Ap peal from Blalne county. Sullivan , J. 1. A Judgment rendered against a party upon whom process has not been served and who has not submitted to the juris diction ot the court Is unauthorized nnd void. 2. When the , state > accepts a statutory application for a lease of school lands nnd Issues Its receipt In duo foim for an installment of rent paid by the applicant , antecedent conditions being performed , a binding and enforceable contract Is created. 3. One who has occupied and Improved school lands of the state , wnlvei his right to compensation for the improvements by elcctlnir to remove them , SCS3. New Hampshire Trust Company i " iln t 'Corsmeyor Plumbing nnd Heating Company. Affirmed. Error from Lancas ter county. Irvine , C. 1. A judgment in an action tried to the court without a Jury will not bo reversed for the admission of Improper evidence , provided there be sufficient proper evl- dnnce to sustain the finding : 2. To render admissible In evidence a let ter purportlmj to be In answer to an other , it Is not necessary to also offer that which It answers provided th& letter offered be In Itself fairly self-explanatory. 3. Evidence held to sustain the finding of the district court. 8551. O'Neill against Clark. Reversed. Er ror from Holt county. Irvine. C. If nn irregularity in the manner of administering ministering- oath to a witness bo known at the time , objection must then bo made , or It will be waived. 2. Under the statute relating- arbitra tions , the arbitrators must In their award state separately their findings of fact and conclusions of law ; but this requirement Is mot if the finding- as certain as l.s required of the verdict of a Jury. 3. A single cauce of action having- been submitted to arbitration , an award where by the arbitration "find for the , plaintiff , assess her damages" at a sum named and "award" her that sum Is a sufficient sepa rate finding of facts nnd of law. 4. A submission to arbitration provided for three arbitrators , that the award might be made by any two and If so made would be binding1 , it also provided that the award should be In writing signed by the three arbitrators named. Held , that the last provision should not be so construed as to nullify that for an award by two , but that It meant that the award must bo signed by these of the arbitrators con- cuirlnir therein. SCS9 , Missouri , Kansas & Texas Trust Company against Richardson. Revet sed. Appeal from Lancaster county. Sullivan , "l. In an action to foreclose a mortgage , prior Incumbrances may be made parties defendant for the purpose of having the amount and rank of their Hens adjudi cated , 2. A creditor whoso claim has not been reduced to judgment , nnd who has neither a general nor specific lien on Ills debtor's property , Is not entitled to huvo such property Impounded as security for the 3 Nor is such creditor entitled to an In junction restraining his debtor from disposing posingof some or all of Ills property. Neither Is ho entitled to a decree can celling- fraudulent transfers aheady made. 4. A lessee i entitled to Interest at the rate of 7 per cent per annum upon advnnco payments of rent made for tlie accommo dation of the lessor and at his request. 5. Without the landlord's consent , a ten ant cannot , by assigning the lease , absolve himself from nn express covenant to pay rent , or otherwise change the conditions of 10199. Troup' against Horbach. Affirmed. Appeal from Gnse county. Sullivan. J. 1. Wheio a judgment In an equitable ac tion Is reversed and the cause remanded for further proceedings not Inconsistent with the opinion filed In the case , tbo dis trict court may , If consistent with the views expressed in the opinion , permit a reforma tion of the Issues and a trial de novo. 2. Hut there Is no strict and absolute right to file now pleadings in such case , ' 1 lie matter Is committed to the sound discretion of the court and Its notion In the premises will not bo reversible error unltHH It amounts to an obvious abuse of discretion. 3. In order to bring up for review any ac tion of the trial court with refurenco to the amendment of pleadings It must appear by the record that an exception was taken to ttifl order complained of. 4. An order denying an appllcat on for leave to amend pleadings is interlocutory and not appealable. 5. An order refusing a party permission to dismiss his action Is not final and can not be brought here for review by appeal. fl. On appeal to this court the only ques tion to bo considered IB whether the judg ment or final order responds to , and Is war ranted by , the pleadings nnd proofs. To reach errors In Interlocutory prdera a peti tion In error tfhould be filed with the record. 10330. Nebraska Children's Home Society against Stato. Affirmed. Krror from Doug las county. Irvine , C. In a contempt proceeding based on the alleged violation of a judicial order , such older may bo examined only with n view to ascertaining whether It was * coram judlce. No mere error or Irregularity therein , or In tbo proceedings leading thereto , excuses Its disobedience , 2 A writ of habeas corpus , allowed by competent authority , may not be disre garded because allowed on an Insufficient petition. A writ so allowed is not there fore void 3. Although our habeas corpus Act requires a writ to be directed to the sheriff , whcro tliir person charged with an unlawful re straint Is not an officer charged with the tuttody of lawful prisoners : still the court or Judge In vacation , who has Jurisdiction of the proceedings , may , when such writ pro\r unavailing to produce the prisoner , require by ordr apy party to the prooe.ed- ing who is shown to have control of the prisoner , to produce his body , 4. The power to punish for contempt la In- < ldent to every judicial tribunal , derived from its very constitution , without any < x- priss statutory aid , and may generally be ex rrlsed only by that tribunal whoso order /ia been violated or proceedings Interfered with. C. Contempt proceedings may be punltly * merely , or they mnv bs remedial , to compel obedience to an older for the tlmo resisted , C. Without determining the power In such n cnso to conduct purely punitive proceed ings , held : That a jinlga In vacation , voslcit by law with jurisdiction to conduct certain proceedings , has the Inherent power Incident to that jurisdiction to hear anil determine proceedings for the. purpose of enforcing his orders In the principal matter. 7. The power to punish for contempt being restricted to the tribunal whoso authority Is defied. It Is not error for n Judge who , within his authority has made an order In vacation , to refuse to transfer to another Judge for hearing a proceeding In contempt based on the dlsob'dlenco of such order 8. If the terms of tin information In con tempt clearly show that the net complained of was willful the information will not beheld hold bad for the failure to use the word "willful. " 9. It Is not necessary In a contempt pro ceeding that the defendant be formally ar raigned. 10. Whcro a contempt proceeding Is In stituted bv Information and n rule to show cause. It Is the duty of the defendant to Hl-s an answer If he desires to traverse the facts charged. Falling on sufficient opportunity to do so , the court may treat the facts al leged In the Information as confessed. 11. Where the. object of n contempt pro- C'edlng Is to compel obedience to an order which may still be obeyed. It Is not error to sentence the defendant to Imprisonment until he shall obey tuch order nnd In addi tion to Impose a reasonable fine for past disobedience. SCSO. Tspoel ngalnst Shutt. Appeal from Hurt county. Norvnl , J. 1. While n. court may construe and enforce contracts duly entered into , It is not the province of the Judiciary to make , contracts for parties. 2 A tender , to be effectual , must bo with out conditions nnd made 10 the party enti tle ! to receive the same. 3. Ordinarily a bank check Is not a suffi cient tender of money. 4 A written contract cannot be varied , modified or contradicted by parol evidence of a prior or contemporaneous agreement between the parties. 5. Rulings on the admission or exclusion of testimony cannot bo reviewed whore the cause Is brought to this court on appeal. G. Ono Is not entitled to a rescission of a contract who Is unwilling to perform bis part of the agreement. 7. The contract for the. exchange of lands set out In the opinion construed , nnd held tbat the forty days designated therein for the exchange of deeds did not commence to run from the time the contract was made , but from the effecting of a loan of a certain sum of monev stipulated to bo made , by ono of the parties In consummation of the trade. 8. Under the evidence , plaintiff was entitled to a specific execution ot tbo contract for the exchange of lands. SG03. Arlington State Bank ngalnst Paul- sen. Reversed. Appeal from Douglas county. Rngan , C. 1. Whether the title , to the testator's real estate vests at bis death in his executors or heirs Is not to be determined solely by the presence In , or absence from , the. will of tome particular words or conveyance , but determined ED as to accord with the testa tor's Intention as deduclble from an exam ination of the entire will. 2. The presumption Is tnat the executors are Invested with sueb power nnd all the power necessary to enable them to- carry out the testator's intention with reference to the deposition directed by him to bo. made of his property. 3. The -will of a testator directed his ox- ccutors to pnv hi" debts out of his personal CHtat" and if thaf'provpd Insufficient "lo sell nnd oonvev" his re.il estate for that purpose ; nnd , "to sell nnd convey" his real estate nnd pay the proceeds over In certain proportions to certain heir * Held : That the legal title to the ical estate of the testa tor vpstcsl on his death In bis executois. 4. The executors of sucri will conveyed the testator's real estate to one of his heirs upon the sole consideration that she would mortgage It to recuro monQy for the use of the executors and then re-convey to the ex ecutors subject to suoh mortgage. This was done. Held : That the transaction between the executors nnd heir was not n sale and convevanc * within the moaning of the will B. The will gave the executors power to convey the real estate onlv to an actual bonn fide purchaser thereof. C The conveyance by the executors to the he.lr was a voluntary one ; and , ns to her nnd her grantees with notice , void nt the suit of the oitatc nnd Its creditors and nt the suit of prior Judgment creditors of the bl > ncficlarlps of such estate. 7. One who took from such heir a mort gage on the , real estnto BO conveyed to her by the executors , having Knowledge at the tlmo that the heir had not actually pur chased such real ntntc ; or one who , having knowledge of such facts In the premlRes ns ought lo put a prudent man on Inquiry ns to the character of tbo heir's title , took Hiirh mortgage wl.tnout inquiry , when n reasonable investigation would bavo re vealed the defect In the heir's title , Is not a subsequent Innocent purchaser nnd enti tled to protection ns such. 8. That one Is n subsequent innocent pur chaser of real estate Is nn affirmative defense - fense , which the claimant to avnll htmr If of , must plead , and upon him Is the burden of proof to establlch It. 0 One , who claims the protection of the rule applicable to mibsequcnt Innocent pur chasers without notice Is not relieved frnm the duty of nlllrmntlvfly pleading and proving the farts , which hp claims nhow him to be such Innocent purchaser l eniun ho claims under tbo viidee of nn r-xpcutor , and the conveyance from such executor Is attacked by the Judgment creditors of the beneficiaries of the trust pinperty an having brpn mndo without consideration to the Unowledgo of the one claiming ; to bo an Innocent purchaser. 10. Where the will of a testator vMts the legal tltlo to his real estate In his exec utors and directs them to sell and convey I It and piy the proceeds over In certain proportions to certain heirs the Interest of such liclrf In such procrcda Is property. 11. Hut tlio heirs have no Interest In the real estate as such ; and , It cannot be seized on attachment by their creditors nor Is a Judgment against them a Hen tlipreon. 12. The district courts of the state nro Invested with ample powers to enjoin exec utors from dl\ortlng trust property ; to annul conveyances made by them without consideration In violation of the trust ; nnd. on application ot a prior Jmlijmeiit creditor of a beneficialy of such trust property , when mich creditor ban exhausted his legal remedies , to compel the Interest of such beneficiary lu such property. If not n- empt , to bo ripplled to the payment of his debts. 13. The presumption is that a will which simply clothes executors with power "to sell and convey" tbo testator's real estate for paying debts and make distribution of the remaining proceeds to certain persona does not confer on the executors the power to mortgage such real estate. 11 Hut such presumption may bo over thrown when an examination of the whole will shows that the disposition directed by the testator to be made , of his property IB of such a chaiactor as authorizes the inference that it was the testator's Inten tion that bis executors should have power to mortgage his estate. 15. When executors of a will have In dividual Interests In the testators prop erty , whether a conveyance mndo by them shall bo construed as an execution of the trust or a conveyance of their Individual Interests Is a question of Intention ; and if from the comeyanco Itself It Is apparent that It was Intended as an execution of the trust In pursuance of the will it will bo so construed. IG. Whcio a trustee wrongfully makes a voluntary gift or conveyance of trust prop erty whether a subsequent creditor of the beneficiaries of such trust property may successfully Invoke the aid of a court of equity to annul the wrongful disposition \ made of the trust fund , to restore , It to ' the trustees and cause It to be applied to the payment of debts of the bene ficiaries , not decided. 17. Tlie doctrine or ruleof subrotmtlon Is not a fixed and Inflexible rule of law or equity ; It does not owe its origin to statute or custom ; it is n creature of the equity courts Invented and applied by thorn to do Justice or prevent an injustice being dona in a particular case and under a particular state of facts whcro the law is powerless In the premises. IS. A testator directed his executors to sell nnd convey his real estate and pay the proceeds over In certain proportions to certain Heirs. The- executors deeded the ? real estate without consideration to ono of the , Jielrs and she mortgaged It to a trust company and a bank. In a suit by the Judgment creditors of the heirs to an nul the conveyances of the executors nnd the mortgages made by the heir the cred itors were given a decree as prayed , but , held , that the mortgagees wore entitled to Judgments ngalnst the tentator'8 estate for such of the moneys represented by their mortgages 0.9 were actually applied to the payment of debts allowed by the probate court ngainbt the testator's estate ; ns were actually used to discharge taxes against tlio real estate of the testator ; as were actually applied to discharge debts of the testator secured at the tlmo of Ills death by mort gages on bis real estate , such judgments to bo liens against the property of tlio testator's estate ns the allowed claims of other creditors and paid in due course of administration. SCO I. Phoenix Insurance Company against Holcombe. Affirmed. Error from Dawson county. Sullivan , J. 1. In nn action on a contract of Insur ance containing a clause forbidding other Insurance without the written , consent of the company , n reply defectively alleging notice to the Insurer that additional In demnity had been obtained , will , nfter trial on the meritsbe liberally construed with a. view of giving effect to- the evi dent intention of the pleader. 2. An insurance corrymny which com mits to an agent tbo supervision nnd In spection of its risks. Is charged with knowledge of any fact learned by such agent while engaged In the performance of his duty as such Inspector. , 3. An Insurance/ company , having notlcef * that the Insured has obtained nddltlonulf Insurance In violation of the contract , will liu deemed to have waived Its- right to Insist upon a forfeiture when It refrains for moro than ten months frorrjcxorclslng Its right , and then bases an attcnrpted can cellation upitn other grounds , 4. A condition In a. contract of Insurance which prohibits a sale , transfer or any change In the title or possession of tha Insured property , without the consent of the Insurer , ban no application to a sale or transfer by ono partner to another of Ills Interest In the partnership property. 5. Forfeitures are not favored , nnd In contracts of insurance a construction ra- sultlng in a loss of the Indemnity for which the Insured has contracted , will not be adopted except to glvo effect to the obvious Intention of the , parties. G. Tlio Insured propeity was merchandise nnd machinery used In manufacturing. The policy provided that If the Insured property im a manufacturing establishment. Its non- operation would avoid the contract. Hnld , that the Insured mnrbliiory was not a manufacturing egtahlluhjiicnt within the moaning of the policy. 7. The decision of preliminary IKHIICH touching the competency of witnesses , or mlmlHHlblllty of evidence Is for the trlul judge. 8 If proITered evidence IH prlma fncUt ( idmlsHlblo It Is the dutv of the court to receive It ; otherwise It should bo rejected , 9 Thti evidence examined and held to bo Hiilllcli'nt to mtstnin tbu verdict. St > 73. lloliHon ugalnst Cummins. HtvorHcJ. Hrror from Dawson county. Norvnl , J 1 , Where a personal notion l properly brought in ono county and service of man- menu Is had therein upon a real defend ant , summons may bo loaned to any other county of the state to bring In other par ties defendant , 2 , A summons Issued bv a county court for 11 defendant rcHlilIng In a county pthcr than the one In which the suit In brought Is properly directed to the sheriff or any constable of such county , 3 , A wimmoiiH Issued by a county court Is not rondciedoM hernuso it does not contain the names of all the persons made defendants. 4 , The ntntuto of limitations as a defense Is waived , unless ruined cither by demur rer or answer. Don't use an Imitation especially imitations of Pearl- ine , Many are dangerous. And dangerous washing powders can never be cheap no matter how little you pay for them , Peddlers and untrustworthy grocers will tell you the stuff they offer is " Pearl- ine , " " same as , " "as good as , " "made in the same factory , " etc , It's false , Pearline is the standard washing compound ; never peddled ; gives no prizes ; simply stands on its merits as the best , safest , and most economical. T