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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Feb. 28, 1899)
THE OMAHA DAILY HE 13 : TUESDAY , FEBTUTA'nY 28 , MAKE MONEY IN NEBRASKA Figures Gleaned from Reports Filed by Insurance Companies. PREMIUMS ARE FAR IN EXCESS OF LOSSES Tinnnil Mfp ronciTim Clrnn I | i Nearly * 1 , < mo , < KMl on tlie HIIN- IneiN Done In the State Iant Vear. From reports made by many Insurance companies doing business In this state some inierci-iliiK figures are obtained. These re ports are required by law and on the excess 'if pntniuniR "ver * llc losses Incurred the romixintr * ! arc assessed for purposes of tax- r ion Not all the companies ate shown In ihr appended list , many smaller cries as sorting that they had no excess of premiums nnrt therefore no Jilnt ; to tax There are ottirrs whldi , while entitled to do business \\l liln the state , wrote no policies during the year just closed. The Kqultublo of New York one of the largest life Insurances In the country , reported It had no way ot filling out the schedule lequlrcd. but promised to so keep Its ifrords that it could comply with requests In the future It advised the tax commissioner to makeen arbltrar } assess ment against the company , saying Its excess premiums In Omaha were $3,500. Several of the companies failed to complete their re- poi' In mich manner that Hie figures could bo of any vnlue In reaching an estimate of remits But of all these delinquents the Equiiablo alone probably would make any material change In the totals From the companies reporting It Is shown thnt the tot.il amount of premiums paid In ihe state of Nebraska during 1898 was $2- rissril , while < ho losses nnd expenses of the companies footed up to fl.GOfi.TO , leav ing a net Income from premiums In the state of $911.015 Of the total premiums paid In the state f790)73 ! ) were paid In Omaha , or about 32 per cent. The premiums paid on life Insurance were $1,101,867 and en nro In surance. $ l,2fifi32 , whllo on accident , In- demnltj , plni-s , etc , they were $ ! il,153 Omaha paid 37 per cent of the life premiums , is per tent of the fire and 65 per cent of all o'lirr ' premiums The icports of all the companies are ns follows l.lliliiNiirnnce. . Premiums Expenses Net In and losses come In state. Instate 5,410 $ 13,771 1.2JI 123 GJ nr , B.01S liO 0-2 2GI9 4,02 ! 1J.72G 1.095 3.1s1. ) 11.SS1 32 W7 4,5W ( i.on 2,591 I..5SO 17 5S5 6,700 124,911 ! 30 , 117 951 90ii 11,019 7,110 37.S : t 25,714 ] . ! 7,4I5 71 M , 21.011 50 BM 139,071 7.7GO 3,412 7b72 10,075 14,0 tG * G,779 9,711 3,516 7.597 4 GOO 1 2 , ' 09 336 8.1J' ' , 1 Cfi2 r.,7or 9,792 29113 4010 2S.IH 31,4Gf . 1,201 43.S22 3,272 722 117 3.S14 6,437 Totul $1,101.807 $ 733.C97 $42G,770 ( 1'lre , liiNiiraiiee. Horsford's ' Acid Phosphate taktn before retiring quleto thbnervoa nd oauaes rofroahlng sleep , Take no Substitute. ,3'87 ! I ' 10 1.S07 301 018 562 45 3S 7 02 .Stltiinmr } . Life Companies.1.161S < 7 7WfS7 1426.170 Fire Companies. 1.28G.S32 810,735 4S5.097 Accl and Indem 91,155 60,007 30.618 Grand total $2,518.S5 < $1GO)39 ! ) $911,915 nxce.s * of leases over premiums. ARMY BILLA WINNER ( Continued from First Page. ) Boston speech thnt this contingency Tins como upon in by tbo act of God ; that there has been no disposition to excrclso the power of conquest , that the people ot the United States are called upon now under an om nipotent providence to dispose of the re sponsibilities upon them by the accident of battle. If the Island was to bo taken , why doc * ho tell un now that bo Is an Instrument of providence ? " rillpliKiH ( liven Jfo AHmirnnec. Mr. Whlto spoke against the bill and against the present policy in the Philippines. Today , bo sold , the guns of the Filipinos worn pointed against us and our guns were pointed against thorn. It seemed that the Philippines had 1)ccn saved from Spain only to bo turned over to another master. The principal ground of their rcse-ntnient wna that no policy hod been outlined to them1 no assurance given them ot fair and just treatment. Mr. White said he would not contemplate the situation In the Philippines with any other feeling than thnt of shame. Tliero was no possibility of assimilating the Filipinos pines The outlook was very gloomy. Ho advocated the freedom of the people of both Cuba nnd the Philippines. Ho agreed wllh Mr Sew ell that war vvns likely wltb Cuba. "Why , if we are to give the Cubans their freedom , why were our armed sol diers anchored on that island ? How vain and visionary the theories of men when be hind It all Is the grim spectre of lucre , " he exclaimed. Even this great republic might reverse Itself. Ho had felt from the beginning that the country was on the verge of ruin and he found In the pages of history Justification for this apprehension. "Wo claim , " said ho to bo a Christian , civilized and progressive people , but are we In earnest ? Are wo not about to discard the emblems of peace and enter upon an era of contest ? War may come , but If It does come , It must bo freedom to defend liberty and not a war for conquest If It Is to receive my vote. An amendment of Mr. Tburston striking out the paragraph relating to the age limit for appointment of olflcers in the provisional regiments was agreed to. Mr. Haw ley offered as nn amendment a proviso In the fifteenth section authorizing the president to enlist temporarily in the service for absolutely necessary purposes In the Philippines officers In these Islands and about to be discharged , and directing that they shall be counted as part of the volunteer force authorired by this act nnd that they shall not bo enlisted for more than six months , nor beyond the time nec essary to replace them. It was adopted. Mr. Gorman offered the following amend ment na a provision of section 1C : That each and every provision of this act shall continue In force until July 1 , 1901 , nnd on and after that date all the general staff and line officers appointed to the army under this act shall be discharged and the numbers restored In each grade to these existing at the passage of this act and the enlisted force of tbo line of the army shall I a reduced to the number as provided for by InwV prior to April 1 , 1808 , exclusive of such additions as have been or may be made under this act to the artillery and except the ca dets provided for by this act , who may bo appointed prior to July 1 , 1901 j and Provided , further , that no officer wbo bas been or may be promoted under existing law or under the rules of seniority shall bo re stored to his rank. Mr. Warren , a member of the military affairs committee , opposed this amendment nnd could see no reason for its adoption. The bill , he said , had been pronounced by Mr. Cockrell as a good bill before God and man. Ho agreed with thnt statement , but &aid that the adoption of the amendment would make it a bad bill. The amendment was adopted , sixty-eight voting in tbo afllrmatlvo and none in thu negative. Mr. Bacon of Georgia ealU the adoption of the Gorman amendment simplified tbe ultua- tlon materially. Tbls bill would place an annual expenditure of $8G,000,000 upon the country , but notwithstanding the fact tbo war In the Philippines was an unholy war bo felt It his duty to support the bill. An amendment offered by Mr. Carter pro vided that three of the provisional regi ments nt the discretion of the president nhould be cavalry , whose members should be particularly proficient la horsemanship and marlcmansblp , tbo regiments to nerve mounted or dismounted. It was agreed to. I'rntcnt ot .Nc'liriiHKnn * . In the courbe ot a speech against tbo gen eral features of the bill , Mr. Allen made the statement that bo bad received many letters from the volunteers in Manila pro testing against being used to shoot down those whom they bad regarded as their friends. Those men , bo maintained , ought to bo recalled , Mr. Hoar announced hla Intention not to support tbo bill. It was not a bill for sup plies nor was it a bill for the complete re organization of the army. It was then merely a bill to provide ) an army to make war on the Filipinos. With the exchange of rntl- Ilcatlons of tbo pence treaty the war would be at < in end. U would then bo necessary to determine whether there was to be a civil war. Mr. Pettlgrew also announced bis Inten tion to vote ugatnst the bill , saying there was army enough now nnd witb the return of peace there could bo no need of a great arm ) . Ha could see no reason for the lu- ( CTC'UHO , except to coerce the people of the Philippines and deprive ) them of their lib erty. Hu predicted that tne effort to destroy tbo liberty and the lives of the Filipinos would prove the blackest chapter in the history of thu United States. He bad voted to support the president nt the beginning of the war , but tbo president was no longer entitled to his confidence. "I believe it the duty of congiesa , " bo said , "If necessary indefinitely to prevent tbe executive from pursuing a course toward these people that will forever blacken the name of this great republic. The bill was tbcn at 7 o'clock put on It * pubsasu , and passed , D5 to 13 , tbe vote In detail being ns follows ; Yeas- Allen. * Haiisbrough , Perkins , Alllnon , HarrlJ , Pettus. 1 .icon , llawk-y. J'lull ( Conn. ) , I ljurrowa. Hellfeld. Hat , jtf. Y. ) , K7"uif Jones ( Nev ) , Prltchard. ; Chandler. Llmla.iy. Procior. . Slnrkl , , ir ° ' ] KC' Raw Hns. .t'ockrcll , Mcllilde. Koach I Cullom. McKniry , Hoas , IJeboe. McLaurin , hew ell , Wkliia Mallory. Hhoup , Fairbanks , Mamie. Hlmon. 1'nulkner , .Mitchell , Smith. IVraker , Money , .X-ooner. 1 rye , Mortran , Ktewurt ( Jalllnger , Murphy , Teller. Gear , NeUon , Warr < n , Gorman. Pasco. Welllngton-65. jianna , Nays Bate. Clay. Pettlgrew , llerry , Daniel , Turley , Hutler Hoar. Vest , Oaffery , Martin , Whlte-13. Chllton , Consideration of tbe euntlry civil appro priation bill was begun at 7 1C p m , At thu conclusion of tbe reading of tbe bill t 9.30 , nearly all of the committee amendments having been agreed to , the bill V > M laid atlde. It roas decided that the sen ate should convene at 11 a. ra. tomorrow , Ths announcement was mmle of the death of riepretcntatlve Dennis M. Hurley of Now York and iMr. Platt c/f New York presented the usual resolution * of regret. Senators Wilson , Wellington , Smith , Heltfeld and Platt of Now York were named oa a commit tee to attend the obsequies. The senate then , at 9 35 p. m. , adjourned , TWO Al'I'IUH'UIATlON IIIM.S PASS. Home C'lcnnn In Itiiitorlnnt l.i'KUIu- tlint In It * I.nut Wrvk. WASHINGTON. Fob. 27. The house was In session seven hours today and sent to the senate two more appropriation bills , the army , which has been under consideration for several days , and the fortifications. The forrnor carried about 179,000,000. The final conference report upon the Indian appropri ation 'bill ' was also adopted. The only amendment of Importance attached to the army bill was one giving two months' extra pay to enlisted men In the regular army who served ( beyond the limits of the United States during the war with Spain and ouo month's extra pay to these who served In the United 'States. ' The discussion of Uio administration's policy relative to tilio Philip pines , which has been occupying the atten tion of the members to the exclusion of ap propriation bills , nuis continued today , sev eral speeches ibelng made on the subject to day. day.Tho The death of ricprcsentntlve Hurley ot Now York , who died at Hot Springs , Vn. , yesterday , was announced by his colleague , Mr. rischer. The usual resolutions wore adopted and the following committee ap pointed to attend the funeral : Messrs. Fischer , Sherman , Howe , Shannon , Odcll , Mahon , nnrtlott , Uartholdt and Clayton. As a further mark of respect , the house at G o'clock adjourned. nncisio.NS OK SUIMJUMU COURT. Failure to 1'imt Olooiiiiiriiiirlne Sinn K rap < > N u I'eunity. WASHINGTON , Feb. 27. In tbo United States supreme court an opinion was handed down today by Justice Peckham In the case of the state of Ohio against General J. E. Thomas , governor of the Soldiers' homo at Dayton. The case was a prosecution against General Thomas under state laws for fall ing to post a placard In the eating room ot the home , stating that oleomargarine. Is used there. The court held that the state law was unconstitutional in Its application to the Soldiers' home. Justice Harlan , while agreeing In the Judgment , took Issue with some of the lines laid down in the opinion The court also decided tbo case of the First National bank of Wellington , 0. , against II. P. Chapman , treasurer of Loralno county. The case Involved the validity of the state laws applicable to national banks , the alle gation being that the laws permit discrim ination against the stockholders of such a bank. The supreme court affirmed the opin ion of the court below , holding the laws to bo valid. FIIUIT IS FOIIMALI.Y ADMITTED. Ccrtnlii Varieties No I.oiiKcr SulTcr Kxninliiiitlon nt Gorman 1'ortN. WASHINGTON , Fob. 27. The Department of State has been informed by cable from Ambassador White at Berlin that orders have been Issued according to which Ameri can oranges , lemons and raisins imported into Germany , as well as all American fresher or dried fruit passing through Germany In bond , arc no longer to bo examined for the San Jose scale. The German ambassador today authorized the following statement : According to cablegrams received at the embassy today the imperial secretary of state for the interior has by an Interpreta tion of the Imperial order of February 6 , 1898 , decreed that certain kinds of fruit Im ported from America , such RB oranges , lemons , raisins , are not to bo regarded as " " of the order "fruit" In the sense Imperial and are therefore free from the San Jose scale Inspection provided for other fruit. Count Posadowsky permitted further the transit of fresh and dried as well as of waste fruit ( fruit refuse ) from America through Germany generally under the condition that the goods are shipped through the Geimau tuiitory in bond. FOR AVUSTEHX v SnrvlvorM of lititc War Kciiieiulicrcil by the General Government. WASHINGTON , Feb. 27. ( Special. ) Pen sions have been Issued as follows : Issue of February 11 : Nebraska : Original George W. Stover , Aurora , $8. Restoration and Increase Harman - man Qlado ( decaaiad ) , Grand Island , $4 to 6. Increase Thomas F. Rogers , Mlllerton , (8 to $10. Original widows , etc. Polly Pnl- mntler , Tckamnh , fl. Iowa : Increase Thomas Arrowood , Des Molnes , $24 to $30 ; Enoch Shaw , Ccntervlllo , $24 to $30. South Dakota : Original widows , etc. Minors of Seneca M. Tarvln , Marvin , $12. Colorado- Original John W. Slnder , Wnl- Benburg , $10. Original widow , etc. Mary Ann Flanders , Denver , $8. Montana : Increase George W. Dunlap , Gunderson , $8 to $10. In National IlniilcN. WASHINGTON , Feb. 27. ( Special Tele gram. ) The comptroller of the currency has been advised ot the following changes In officials of northwestern national banks : Nebraska Jones National bank of Seward , W. C. Tishue , assistant cashier ; First National bank of Nelson , A. J. Miner , presi dent in place of A. II. Boumnn ; William D. Volght , vice president in place of A. J. Miner ; C. C. Dudley , assistant cashier. National bank of Button no cashier in place of F. C. Matteson , deceased ; P. F. Nuas , assistant cashier. First National bank of Madison , U. D. Frlcke , assistant cashier. Iowa 'Mcichanta ' * National bank of Cedar Haplds , P C. Frlck , vlco president In place of John W. Henderson ; First National bank of Stuart , Jacob F. DIackman , assistant cash ier ; National bank of Centervlllo , no assist ant cashier in place of Guy Q , Gllchrlst ; First National bank ot Montezurna , Thomas Harris , president In place ot John Hall ; A F. Rayburn , vice pYc.sIdont In place of Thomas Harris ; First National bank of Waverly , W D , Lashbrook , vice president ; National bank of Clarlnda , H. L. Cokenowcr , vlco president In place of H 13. Parslow ; First National ( bank of Manning , II. G. Sutherland , assistant cashier , First National bank of Carroll no assistant cashier In place ofi , D. Dangs. Mlnnehaha National bank of Sioux Falls D. H. Requa , assistant cashier , The Third National bank of St. Louis and the First National bank of Kansas City | were today approved as reserve agents for I the Union Stock Yards National bank of South Omaha , also the Merchants' National bank of Now York for the Cedar Rapids , ( la. ) National bank. Captain C. L. Mulllns , assistant surgeon FIrat Nebraska volunteers , has 'been ' honor ably discharged. O , P. King was today appointed post- matter at Afton , Hyde county , S. D. Hi'i-ord of Failure * In Germany. WASHINGTON. Feb. 27 Interesting sta tistics concerning Uio number of failures in Germany during Ute > earn 1895 , 189G and 1897 have just been published by the State department. The figures show a decrease in the number of bankruptcies during a period of increase in population amd in the number ot Industrie * . In 1803 there were 5,782 fail ures , in 1S96 there were C.429 and in 1897 5 , SCO. The failure * show that no particular data has suffered severely , but the agri cultural enterprises do present a rather marked Increase In failures , 623 being re ported In 1897. as against 472 In 1895. puts one on his feet with renewed appetite and vigor after an attack of grip. Anheuser- Dusch Hrewing Aes'u make it , which assures its qualltr , That Party Will Have No Head in he Fifty-Sixth Oongrcsj , FIVE OF ITS LEADERS FAIL OF RE-ELECTION Veteran Clerlcx In HIM eminent De partments Mourn Tli t-lr AtMironeli- Dlnoliarue > el > ra UaiiN ' ' - joy 11 .Mtinlcnl KiiiH'tlon. WASHINGTON , Fob. 27. ( Special. ) "Not in 'thirty ' years , " snld ouo of the old em ployes of the senate , "will the democratic side of that 'body ' bo so devoid of leaders when congrcBa meets again. Five of the ablest men , who have given force to democratic principles In the last quarter of a century , retire to the shades of private life , leaving the minority side of the chamber In the hands of men who , whllo able , are by rea son of physical weakness Incapacitated to direct the minority along the same forcible lines that characterized the leadership of the men who are going out. Gorman , Turple , White , Gray and Faulkner will leave n voll 'that can hardly bo filled " The speaker , who came to the senate In the distressful da > s of 1SG1 , and who has continually been In eervlco elnce , said : "In all my history In connection with the United Stales senate I do not recall a congress where so many nblo men on the democratic sldo are going out us now In the expiring days ot the Fifty-fifth congress It has always seemed posilblo for the leaders to re-elect them selves and whllo other nblo men , by force of changes In the election , wore loft outsldo the walls , the leaders were nhvays In their scats and the work of legislation went on uninterruptedly. Work will go on In the Fifty-sixth congress , ibut the cares ot legis lation will devolve upon younger and more inexperienced unen than ever before. " Vest by reason of - physicalweakness is hardly able to direct the minority forces and is only fit for sot spqcchcs. In his tribute to the late Justin S. Morrlll the other day ho spoke feelingly ot death nnd ho seemed to recognize that the Grim Reaper was nearlng the field in which ho stands. Cocktoll , whllo still vigorous , is not a leader In the sense of either Gorman or Vest. Whllo ho knows parliamentary law , he Invokes it but seldom and then only as a mere Incident to the accomplishment of legislation. The other democrats left , while old In the servUe , have no poncr of leadership and are but flics on the wheel. for Veteran ClerltN. At the close of the fiscal year , on Juno 30 , next , a great many so-called superannu ated clerks In the government departments will bo dismissed from the service. When Secretary Lyman J. Gage came Into office two years ago , one of his flrst acts was to create Tvhat was known as a "supernumerary roll. " Employes of the departments who were above 65 or 70 jears of ago were sum marily reduced to $900 a > car. Mr. Gage stated that ho did not have Uio heart to turn these old and faithful servants of the gov ernment out Into the cold , but ho declared that tb > ! government required the services ot joungtr men in most of the positions held by the veterans. So the order was pro- nvulgated reducing tbo ancient clerks and placing them practically upon a new roll. In the majority of coses , however , the only change the old fellows observed was In the cutting doiwn of their pay , their duties continued to bo substantially the same us they were before Mr. Gage's reform was in augurated. Congress nt the present session has refused to sanction the "supernumerary roll" and struck out the appropriation for it ; hence at the close of the present fiscal year the persons borne on this roll will be dis missed , as they cannot be restored to their former positions. It U estimated that more than a thousand \eteran clerks will be af fected by this change. The Tiead.3 of other departments adopted Mr. Gage's plan nnd In every department there will ibo a weeding out of the old clerks on July 1. NcbriiHkans Attend Mualcal. Senator Thurston , In honor of Miss Helen Honglnnd of Omaha and Mrs. Helen Bolce Hunslcker of Philadelphia , gave a musical Saturday evening that for artistic achieve ment and novelty quite excelled anything Washington has had In a musical way this winter. Mrs. Hunslcker , who Is probably one of the very best ballad singers in Amer ica , was heard in a number of favorites , and Miss Hoagland of Omaha , who Is a pupil of Prof. Tate of New York , was Invited to assist In making the occasion an artistic success , In aditlon to the vocal numbers there was a double sextet of strings from the Marino baud , led by director Santclmann , who was generally esteemed while in Omaha last summer. Notwithstanding the inclement night , quite 200 of the leading people In the professional , social , legislative and diplo matic walks of Washington were present and for two hours enjoyed an exceptional program of music. Nearly the entire Nebraska colony In Washington wore present , among those noticed In the gathering being Senaton Allan , H. T. Clarke , Dr. and Mrs. Summers and Miss Summers , Mr. and Mrs. Herbert Wheeler , Miss Wakeloy , MIsa Doane , Mr. and Mrs. A. W. Gannett , Mrs , J. V. Crelgh- ton , E. K. Valentine , Mr. and Mrs. W. E. Andrews , 'Mr. ' Melklejohn , Mr , and Mrs. K. C , Snyder , Henry T. Oxnard , Mrs. C. F. Humphrey , wife of Brigadier General Hum phrey ; Dr. and Mrs. Dallas Bacho nnd Miss Bacho of the army and a number ot others. BOARD GOES TO PORTO RICO Several MoiiUm Will He Demoted to ruttliii ; the Colony on . Modern llnitlH. WASHINGTON , Fob 27. The Board of Insular Advisors to the War department , consisting of General Robert P. Kennedy , Major James W. Watklns and Hon. Homy G. Curtis , loft hero this afternoon and will sail on the transport Obdam direct for San Juan on Wednesday morning. A radical change In the plans of the board has been made , it being decided to confine the pres ent trip to the Island of Porto Rico nnd not at this time to proceed to Cuba , as had been originally planned. The change of plans was recommended by members of the board themselves , was ap proved by Secretary Algcr and was dictated by the different state of affairs on the two Islands , Porto Rico is an American colony nnd its people have been solicitous for Im mediate civil government reform. They have sent several deputations hero urging methods of bringing order out of chaos , and It Is decided as an American colony the colony should bo put on n modern sys tematized basis at once , The work In Porto Rico will take between one nnd two months , and contemplates taxation , educational and municipal affairs generally. Tliero was no general report on the , work , eave In the mat ter of Instituting u general sjeteni of taxa tion , which now In Its varying forms Is largely based on Incomes. On all other matters separate reports nro to bo made , and after concluding lecom- mendatlons on the qutfctlon , Cuban reform will bo taken up. htntlNtlfH of ronfiMlerale Demi , WASHINGTON , Feb. 27. Colonel Alns- worth of the quartermaster's department has transmitted to the secretary of war for transmission to the senate a partial re port upon the number of confederate ceme teries and their Interments and Is prosecut ing the work of completing tbo statistics that were asked for by senate resolution with a view to carrying out the president's recommendation that governemnt care bo given confederate dead. The figures so far prepared have not been given out yet. The work nt securing complete records In at tended necessarily with delay Compila tions relative to the larger cemeteries U easy , but throughout the south notably near the battlefields nro small cemeteries little known , wherein many confederates lie burled. General Wright , who had charge ot confederate statistics In the preparation of the records of the civil war. Is In charge of the present work under Colonel Alns- vv orth. SUBSTITUTE TO CANAL BILL HOIINC Committee 1'rne-i n More I'till IIM eMlKiitlon of tlie I'ro- lioseil I ni WASHINGTON , Feb. 27. The meeting ot the river nnd harbor committee todnj de veloped a new phnpo of the Interoceanlc canal question. Chairman Burton took the lead In favoring full government Investiga tion , both of the Pnimuim nnd Nicaragua routes , nnd after the meeting Mr Burtori expressed the vJow thnt the sentiment of the committee was opposed to die senate Nlcn- ragun amendment and favored full Investiga tion. To thnt end ho Introduced In the house < x bill Is to bo proposed later as n substitute for the senate Nicaragua canal amendment. Its mala features are ns follows. The government of the United States de clares its purpose to Bccuro nt the earliest practical tlato the construction of n canal connecting the Atlantic and the Pnclllc oceans. A board of seven engineers shall bo appointed by the president to mnko the sui- VOJB nnd examinations necessary to nscer- tnln the most desirable nnd ptactlcablo ionic for such canal nnd for the performance of such other duties ns the ptesldent mny di rect , three from the corps of engineers ot the army , two from the englnccis ot the navy nnd two from civil life. The board shall Investigate the proi-oscd routes for a canal between the Raid oceans , giving spe cial and personal attention to the so-called Nicaragua and Panama routes , nnd shall complete estimates of the probablu cost ot Loiibtructlng such canal , They shall report on the oonimcrclnl nnd military value to the pcopln of the United States of such cannl routes. The president may enter Into negotiations with the na tions owning the territory through which canal or canals may bo constructed In or der to obtain the necessary land for the construction of n suitable canal , nnd to acquire such routes in natural waterwnvs as may be necessary. Ho is also requested to enter Into such negotiations as ho may deem necessary with nny other nntlona hav ing rights In nny way relntcd to the connection or operation ot such canal or canals. The president shall ncqulic If pos sible the absolute title to necessary tonl- tory , but If such absolute title cannot be obtained ho mny acquire such lights or casements there as may bo required ana cause investigation to bo made to ascer tain the route on which teims most fnvor- nble to exclusive control by the United States can bo obtained. But in no cnso shall obligation be Incurred or money paid to nny company or individual for rights , easements or privileges heretofore or hereafter ac quired with alevv to the construction of any such icanal except on authority given by further action of congiets. One million dollars Is appropriated to carry out the act. , The Information obtained or action taken shall bo reported to congress nt the begin ning ot the next regular session. HOUStt XAVAk HIM , TOO GU Senate Committee Ail\lNet More ncoimmy In CoiiNtmetloii. WASHINGTON , Feb. 27. The soaato com mittee on naval affairs today held a meeting for consultation on the naval appropriation. Although the bill will bo considered by the appropriations committee , recommendations of the naval committee always receive atten tion when the bill Is considered. It was de cided to antagonize the house Increase for the navy , and the committee will recommend only six new war vessels , Instead of twelve provided for In the house bill. The senate committee will recommend two battleships , two armored cruisers nnd two light cruisers. The seunto committee will also oppose Ilie hoiiEo provision Increasing the price of armor plate. i IliillflerH Hopeful. WASHINGTON , Fob 27 In a report to the State department Consul Halstead at Birmingham , Eng , , quotes Mr. Alfred Palmer , an English civil engineer , as pre dicting that the introduction upon the Mid land railway ot American locomotives will ultimately result In the muh-deslred cen tral self-coupling buffer and bogle system of rolling stock as now used throughout the United States and Canada. "American locomotives , " says Mr. Palmer , "by having an elastic wheel base , ara safer on the rails at high speed than ourn , being better able to adapt themselves to Inequalities of line or surface , but since the material used by and the workmanship of our engineers cannot be excelled we shall doubtless hear be fore very long of BrltUh firms receiving large orders from America for the 'Yankee' typo of locomotive. " Death Lint from Culm. WASHINGTON , Feb. 27 . General Brooke's dally death list Is as follows : HAVANA , Feb. 26. Adjutant General , Washington : Report of deaths February 24. Camp Columbia First Lieutenant S. F. McKnlght , Ninth Illinois , killed on railroad nt Gulnes , Private Julian Keller , Company G , Second Louisiana , dysentery , Private Gus Master , Company H , Forty-ninth low a , peri tonitis. Puerto Principe : Private James Coako , Fifteenth infantry.BROOKE. BROOKE. Commanding. SUPREME COURT SYLLABI , S759. Bachelor against Schlantman KP- versod. Error from Cumlng county. Itugun , C. 1 On the authority of Diichelor nfjalnst Iforb N. W. the Judgment of th. dlttrlct couit In thU case is reversed. 8713. Lindsay ntrulim Pulmi r Alllrmcd. Appeal from Dakota county. Irvine , C Krldenco examined and hild to mitUnln a Ilndlng that a deed was foiled. 8755. Omaha Loan and Trust Company nsnlnst Kltton Aniimeil Appeal from UoiiKlnB county Ruuan. C. 1. The owner of a moruraio (1 ( 1)1 may foreclose the miitpnct ) for the unpaid In- toiest coupons subject to the umnatiimi pilnclpal of the debt 2. In BULI ) a milt , un averment In the pe tition that plulnlllf lind sold and dhilnndl th principal nute to a third party i > an Immaterial one and need not bo proved to entitle i.lalnt'ff . to dteree : U nppoarln ? on the fnt < of the- petition that the principal r.oto hud not matured .1 In such a milt d'fendnnt denied thn asHlKiimont nveirvd bv plaintiff ami pleaded a payment uf (50 un the touponu bued on The/ plaintiff l.\ mutton admitted tmch pay ment and dtmundtd Ju < li'in < nt on the plinil- Inas. The < ourt enter d n di'rrco for plain tiff Held on appeal that the record sup ported thedec.UP 8756 Wood iirninat ( "Mark AlHrmed. Ap peal fiom Doujjln i tunny RiiKan. C. 1. It vvae never the Intention of the | 'KH- ! Inturo that the honest valuation placed upon properli for purposes of Judicial sale by legally cjualllled appraisers should be net anlde by the courts | v cause other pel- ponx dlfferul In opinion ns to the value of such property 2 The legislature has not left It for the courts to ay , when a piece of property has bo n sold whether the price bid for It was tvv i-thlrdu of Its fulr ci-li value , but created a tr'lmna ! to uncertain and dctei- mine Itx value before Its sale 3 The meaning of the appraisement law IN that the. valuation plac d by nppralHcrs upon real estate Is conclusive unlu n It be set aside because HID nppral'orH were not legally ijunllfled or becaus ! thev nctt-d fraudulently in making- the npprnlHement or for some other equally potent rejHon 1 The owner of the equity of redemption In r nl estatn cannot be hcnrd to object to the confirmation of a Halo thereof because an mcumbrnnco upon the- property prior to the. one under which It was sold WOH not ( ii-iliu tf-d from the val itlon placed on the property bv the appraUern S762 Heiehert atrnlniit Keller. Atllrmed. Aiipfal from Saundera county Irvine , C. The construction of u fenced lane across the right of way of a railroad company anil beneath a bridge carrying the tracks eo na to provide u subway for the iiaxnano of live Htock. Is not no foreign to tne pur poses of a grant of land for railroad pur- p ecu , thnt thn grantor can complain there of as an abandonment ot thu r In lit ot way grunted or n A trejpns * upon his rever sionary rights WSS Noble against Nenl. Alllrmed. Kr- Jor from llercf countj. ilnrrlson. l' j , 1 If a bill of exception * lacks authenti cation It will not be eoiislrlereel , 2 If there Is no bill of exceptions , a question the consideration of which neceosl- Ute an examination of ths evidence will be dlsrrtrnrdPd JfWol ( Jreen asalnst Slor e. ninmlssed. Appeal from OoiiKlws county. Harrison , ' An'appeal will not lie from nn order Hxln * ipi , " " . < ! "nl , ° r a "upersenens bond In nn M1iJI'llo1 for , " ' ' " respoim. to whleh has bei-n allowed a will of nsnlstnnre S,17 , Ijiiiilinm ngnliiirt rir t Nntlonnl Unnk from Saltlie No question of law ! presented ' In this ease. ivldnico held to the vc" W32 l > toi | acnlnst ScblesltiKer. Alllnnoil. Appeal from DoiiKlns count ) Sullivan , J. 1. An Interlocutory order to which no e\- cent Ion hns been taken cannot In reviewed. 2 In n cause brought to this court bv appeal the Judgment will not be reversed i If It responds to , and Is warranted bv , the pleading * and proof * 71I Hi1lou ngnlnst Sherwood Afllrm d Appeal f i oin Douglas county Nnrval , J ' i 1 The provision of the stntulo for the de- I mietlon of prior liens In appraising lands for Indicia ! site Is solelv for ihe benefit of the plaintiff , and the failure to observe th ° law In ihal regard ciinilol be success fully urged by Ihe defendant as n ground for vacating the npprnlsnncnt , or as an objection to confirmation 2. The appraised value of property made under nit order of sale can only bo at sailed for fraud. 10605 , Htnte ex rel Kendall against Dick inson Mandamus. Sullivan , J. 1 A Illlgntit has nu absolute legal right to the allowance of a bill of exceptions un- bracing all the evidence considered on the hearing of an application for an Intcilocii- lory older. This rlghl , In a proper c-nse , nmv he enfoiced bj mandamus. 2 The lime for sollllng a bill of excep tions In such case b'glus lo run from Hie final adjournment of the term nt vv hlch the. older complained of Is Hindu. $739. llolmcH ugalnst Lincoln Salt hake Company. Afllrnied. Urror from Lancas ter ( omuv. lt > un , O 1. Where there was Hied In the district count no mot'on fen a n w irlnl. Uio BU- preme court will only look Into the record to asi-erlaln If the pleadings support the Judgment sought lo bo rc'vetsod by cnor proceedlngi. 2 Thu issuer In Ibis e.is consldcied and held to support the Judgment of thu dis trict court. S74G Sovvat di against SIoss Alllrmcd 1 > - ror from HulTalo county. Uagnn. C. 1 In a suit to recover the purchase price of real estate , alleged to have b en nold nnd com e > I'd by the plaintiff to the- de fendant , It Is not csHelitlnl thnt the pe- tlllon should allege that th : contract of Eiilo vvns In writing. 2. In such a suit , the statute of frauds as a defiiiso Is overthrown , w he-re It Is es tablished Unit the plaintiff executed and dellv red lo defendant the deed. J. Evidence. e\amlned and held to support the llnellng of the district court thai : The vendor of real estale execuled and deliver d his deid therefor In the. time llxed by the contiuct between Uio parties 4. A delivery of a deed to an agent ap pointed by the vendee , therein to receive It Is a delivery to such vendee 5 The neglect of such agent to notify lil principal ot the iccilpt of sueh deed af fords the pilntlpnl no defense to nn action by the vendor for the purchas ; money. ! > 77S. lllue Valley Lumber Company ngalnst Neuinan Alllimed , Error trom Gage county. Hyan , C. 1. When the verdltt of a Jury would huvo been sustained bj the. cv Id-Mice If It had been for the entire amount claimed by plaintiff , thu allowance or a counlcr claim Incxpllcnble upon any theoiv of the < vl- dence , If an error , In not such nn error that the defendant may be heard to com plain of It. t ! Where the jietlllon contained avr- ments of erroneous * representations affectIng - Ing the value of personal pioperty honcRtlv made , and oth r aveiments of like misrep resentations dMionestly made , an Instruc tion to meet thu latter theory Is not ei- roneous 'vhen given In connection with nnd to supplement one bassd on the former Iheory. 3. When Iho mlsrepresenlallons relied upon ns Ihe bnsis of a counter claim were alleged to have l > ° en made to on ? person , proof of facts showing Ihe misrep resentations to have been made to another person , Is Irrelevant , nnd th ? fact that such proof waH Ignored by the jury In Its - verdict dict Is not available In proceedings In er ror to reverse the judgment based on such v&rdlet 8410 Krclibs against Holwav Heversed Error from Douglas county. Hyan , C 1 It cannot ho assumed In the nuprcmo court that the district c-ourt erroneously overruled a motion to cause to comply wllh a former pleading In the countv court a pleading In the dlstilct dourt , by striking from the latter certain language , when the record In the supiemc court falls to show what pleading was filed In the county ccurt 2 Allegations of n failure to deliver cat- tln upon demand pursuant to a contract of purchase and rale are not sustained by proofs of a failure to return earnest money paid upon nn ngreemcnt , nt the tlmc , of purchase that , If conditions not then known but subsequently tn be nhcfrtnlnert , should not prove to he sat'fifnctory , the earnest monev would be refunded S7C1 Grant ngalnut Clarke. Appeal from Dourlas county Ilvnn. C. 1 Where Issue lias bein joined on thft averments of a transfer by Indorsement of the notes sued on , thn Introduction of i the notes In evidence , without rffcrrlng to the Indormicnt , nmounts to a failure to In troduce evidence InfllspeiiBal'le to plain tiff's right of recovery. 2 The default of a d'fendnnl ndmlt the truth of each averment of the petition aside from those of the amount of value or dam age" 8725 Lewis against Pickering Reverted. Error fiom Hnll countv Hvan C In an action ngnlnst the mnk'r of a promissory note ho cannot plmd as a setoff an amount duo from plaintiff to a poclPtv , of who e funds , the defendant , ns nn otlli er Is custodian. S729 McCormlc k Harvesting Machine Company against Knoll Affirmed Error from Huffalo county. Harrison. C J 1. If a contract of sale of pirsonalty IH executory and accompanied by a warranty of the qunlltv of the property or that It Is to be fit or suitable for a specified purpo e and If It Is not , may bo returned and the consideration not paid , there may be u rescission for a breach of the warrant 2 To work a r'sclMlon lliore must be no- tlie thereof to the vendor and un offer to r , turn the property. 3. The offer to return shown In the pres ent en HO held HUlllelent In view of all Uio facts and circumstances ot the transaction sno Ilcimnn against Ilnjcs. Reversed Error from Lancaster county. Sullivan , J 1 A court l without authority to hear nnd determine a motion to dlschaigo an at tachment Hied lic'foro Judgment In the nt- tlon. but not submitted until aftei Judg ment. ( Thlid point In thisjllnbus of Simmer against Prlntz , 41 Neb. . ? M , over- l tiled ) .S716 H.itiBcom acnlnst Meyers Adlimed. Appeal from Douglas county. Harrison , C. J 1 , The decision of n trial court In a cans' ' " In which there was a trlul to the couit without n Jury cunnot In an nppi-al to this couit be iiMinlled bcraufc based on the evi dence from which there had been an Im proper exclusion of a portion from consid eration vvliero it does not appear on iceoid that any poitlon of the evidence was so 2 ' 1 he findings of a trial court based upon conflicting evidence , if not dearly wrong , vUll not be leversed. j A tract of hinJ vvns mortgaged a an entliety. then platted nnd niudt an addition to a city and n numbr-r of lots at different times and to dlffurenl pi-nions Enid ami con voyed , after which the mortgage wasi fore closed. Hi-Id , thai under ( he rond'lliMyi ' and ( Ircumstniutfl dlcrli < nd In ovlden- Hit ilj - cree of thu court that the land be Bold H3 nn entire trui I find a denial of Iho prayer of Ihe mortgagor * , that It bo Hold in Iota as platted , and In lh < - Inverse ord. ref of animation or conveyance by thorn , wan not eiroiiMjtis or InuiuHulili' S7J1 Interstate 8u\lnr Limn Association against Strliif. He virsed Appeal from I.nn- CiUtur counti llagun , C 1 In a pull on a lontr.ut for HIP imvment of moiiBV where th * dulriwof Uhurv U M- tabllshtd thu plaintiff lH not entitled to co tn nor IntprcBt on thu Judgment awarded 2 The contracts of foreign building and loan nssotlatUoiiH mndo In this slati are not exempt from the ponaltl - denounced iiguli.rft usurious transactions by our 3 Kvldriice examined and held Insulllclcnt to supi'Oit the dei rep. 4 A United Stales commissioner hns no uiithorit ) to take acknowledgments of real OBtalo conve > anceH rxei utetl In this mule- 5 A eonvevnmo of icnl estuto the same being the homekUad of the grantor * In un- IIMH ncknowledgid by both hubband and % > . Hondrlx against Hlchardu Appeal from Cass county , llarrlkon , C. J. 1 A tratiHfer of the pcrscmal proporu of a. minor by his gunrdlan must he author ized or directed by the proper court of pro 's ' 'A guardian of a minor to whom a note and Its accompanying inortKagc was made payable * resigned Hie guardianship and hla tuccuBsor was uppultitud The outgoing ono retained the note and mortg.igo and de- llver el to the Incoming onei a Bum of mom y and Homo personal property In lieu thereof the retention by or as a coiuldtrutton for tha former of the note and moilKUBff In the abucnce of cvldtfiico that the ward re the lie IK ill of nuch money nnd prop erty hPld tlmt thenttompted tr n fr Of the note and moruafie w s nut efftotlvo. 3 Pnrtleii who h d pureh pd the Innil on which the nmrt aite hrrrln In qilentlon rfsled as n lien , miliiw-nnent to the reilsno- tlon of tlif gtmrdlnn who retained It In hla po * i * son | , mid who line ! kni > wlt > dit at lilii resignation and who tind nn examination of the probate re-cords ini\dp , uhleJi dld- clo pd no oreler of the court feir the tmns- fer , pnld nld former xunrillnn tbo n mount due on the ( Kl.t rvldenced ti } the note nnd mortgage ileld , that said pn.v luent fur- nlnhiMl no fnricful defence against nn no- Hun by nn administrator of ttie deceased ward's estate In vvlileh a foreclosure of the mortgage was nought. 1715 Spencer against Johnston. Atllrmcd , Error from Lancaster eonntv. Sullivan , .T. 1 A judgment which 1ms been nuperseeled and Is pending for rev I vv In an iippellato court , cannot be pleaded n.s a seioff In an- oilier action between the same parties 2 , In the al.'em o of equitable * L'onsliUra- Hens n difendnnt rnn only pleail ns n seioft a claim or Judgment upon which , nt tha commencement of the notion , he intent hnva maintained an Independent suit against tha plaintiff 3 The pendencv of a lormer action for the nme cause , between the sime pnrtlei and In the snme e-otirt conitltulcsi n good plea In nbat men ! I In nn action on a note the answer al leged thnt part of the consideration vvns corporate stock so'd ' nnd transferred to the eicrendant by one who held It In trust for the plaintiff , and that Mich stock was woithle.ss. It was also nil grd Hint on a former occasion the plaint Iff had Induced tln > defendant lo puivlinfro of him other Mm k of the pnme eorporal'on bv fraudu lent K presentations as to Us vnluo. Held , tlmt th nnsw r did not ehnrgo aetlonnhln fraud in the sale of the trunt stork , and failed In this respect to stnte n defen'e. l > When- parties Jolntlj move for n now trlnl or fur the reversal of n judgment ren dered aeilnst them , the court will not sever their interest * , but will denv the motion or petitions unless all who unlto therein are ent'tled to tln > teller demanded. sill Auluun ucnltmt Mn.ver Affirmed. Er- lor fiom Nriimhi riitntv Irvine. C vv here a liquor llcM'se was Issued , tin appeal thin inki-n and the licence. jipiitlod. the nppoii tlnallv determined In favor of the npplli nut and tlip lpenn | re issued , held , fo'lowluir ' t\ ] \ ( > principle of foitner enues , Hint tins llrcnxeo vva entitled to repnjment of suili pioportlon of the li e-use fee ns the tlnip when Ills enjoyment of the llteuso was suKpemlwl bore to the Heinle Veni. viol Olnik against Mitmnnn Heverseil ami dismissed Appeal from Mndltoii county. H.V.III r Where n pirtv ornlh acre d to pur- ebase foui neres of Innd along n ne-otlon linn , upon his own unlntluein ed assumption tlmt he vvon'tl ' thcroliv olitwln snld four ncris Imlepomtentlv of the highway along' cn'i ! line and soon th lenrler n lioml for a deed wns , with the purclnscr's eliht note * for the imrelm p mnnev 1. ftwlthii binker. In which bnnd the description iinmlitnknblv Included the blphwnv , nnd tim pmrlmser without Inklnir the bond Into hla possession ns WHS his right or ascertaining the terms of said bon , I , mid rven of his m > ten IIM they fell due nt Intervals of idnelv di\y nnd with netunl knowledge of the lnniiiiire ( of the bond pnld the Irhtli note held that \ich pirtv wns not entitled to si dooicu t fnimliiK : the bond so ns to mnko It ex press his OVMI uudi rstimdliitf of the P < opu nnd effei ts of the roiitrnet of purclris\ VT'il Churchill against White Alllrmcd. Hrror from Clnv count v N'orvnl , J 1 An Infnnt who hires a tenm and biiKKJ' for n Hpecllleil iotirney , r-nd drives to nn- ollier place nnd In n different direction. tnkos upon himself nil tli consequence * following therefrom. If the team Is In jured or the IniKsy Is bronen while belnjr so driven ho H liable In il uunKex for the tort , mid his Infancy Is no protection to him. 2 Admissions or stntoni'-nts made by n. party to n suit against Interest , upon n. material matter , mnv be proved without InvliiK the foundation required In Impeach ing a disinterested witness. 3 To obtain n review of the rulings of the trlnl court on the ndnilsHlin of evidence , the particular ruling n'mi'lcd ' must lie .speclf- ienllv nsslKned in the petition In error. SfiOJ Zimmerman iienlnst Kenrnuy County Bunk Allirm d Terror from Kearney county Harrison , r1 J 1 It Is not eitor to refuse to ulve an in struction , the siilist.nue of which Is em braced In ono ( riven In eh irRp. to the Jury. 2 An Instruction which trrers to n desig nated portion of evldenc" In such manner as to tend to wholly discredit it In the PH- tlmntlon to bo given It by the Jury may be refuted. 3 In nn action between nn endorse * of a promissory note nnd the maker , the nd- mlsslons or statements of the endorser trnde subsequent to the endorsement mny not be received In evidence to ilnipench the validity or weaken the force of the endorsement or the transfer of title evi denced bv It. 4 A pal ty may not "ross-c\nmlne n wit ness in regard to matters of which said .party could not Introduce evidence In chief on his pnrt or an such evidence In chief nnd afterwards eontrndlct thn nn/nvers to the cro98-e\imlnatjon Johnson nKiilnst Spencer fit Neb. 198 , Myers ngnlnst State , Cl Neb S17 B Acrrllct on eoiifllctlnfi' evidence of which there IH sufficient fnvornblo to sus tain It will not be dlituib'd on review. 10172. Reynolds against State Reversed. Kiror from llnyos county. Sullivan , J. 1 A married person will not bo absolved from the bonds of matrimony by believing , fvvn upon Information Hpimrontly reliable , that the marriage hns been dlssolvod by death or divorce. Public policy forbids that the 'permanence of the marriage relation phould depend upon anything so precnrloua ns the mental ttate of one of the partlen. 2 Whether In a prosecution for bigamy an honc t nnd rcasonnblv grounded bellof entertained by Hie dofandint In the death of an absent spouse IH of Itself a completa defense , quaere. 3 In n ptosoeutlon for blRiimy It Is preJudicial - Judicial error to pprmlt the Blnte to relnforep- n. disputable presumption In rt-surd to the capacity of one of the parties to tontnict a valid iniirrlaKe by the Introduction of In competent evidence directly benrlnff upon the ( mention 4 'I o prove a divorce the record of the decree or a fully authenticated copy there of Is the appropriate and only competent evldence. D In the nbsence of nn exception a rulInK made by the dlmrlpt court duiliiK the pros- resH of the trlnl cannot be reviewed G When a nbuttablo prfumptlon pos- Bisslnc no Inherent probative force IH m t by opposing evidence It IH entirely de- atroved and CPIIHPB to be a factor In Win trial unless It be inquired to turn an evenly balanced scale. Mi * . S Al Idol , Winnlon , N. 0. , writes : "t'nncer is hereditary in our family , my father , t > lHter , anil aunt hnvinijdipd from thisdrenelful disease I wan thoroughly alanncd , theiiefejio , uhen 11 iiinliftiiniit Can- t'esapjK'are'd ejii inj hide , nnd at cticn KiniLtht the IicntiiH'iit of the : ln t iilijHiciniiH. Tlie-y were unable : lei do any good , however , UK tliej Oiincpr i-ontinuoel tej jjrovv VVOIFO tind Hprcnd J then tried K. B. S. , vviiinli foivpit tht' ilihOtirn out , unit cure-el me piM-ninnonlly " 11 the only liono foi it t'lin'i tln > most malignant Our tiiMitiht' mi Cancer se-nt. free ) by Hie Hwift bpeoiilo Co , Atlantn , Gu. WlcGREW , SPfCIAl.lST , Trt tlf til Form cf DISEASES AND DISORDERS OF MEN ONLY. . 20YCM1S rXPFIPENCE 1 Yens ir ) Oindlia. Coniulutitn Tree , liwklrt OfilcoMthttFarnann Sl ! " , v--flr " * * r11"- , , * | Ki ! < ! { nitti. miutien- FOR iiK.neii tiiUrEn all i A , stunurf , JutUle | i < irtloM uf urn MEN IXK ! ) I.dcctc ol crrou nii < 1 ONlY Jnd'.n J by : ) ) U-lsu < piiitii HI mm HGUtineiU teat < < M ftij.iOTal | ho money In neJ. vauce UrlieforcxiiIanitUounuil prixjf * . in l | l In I'l.uri ' , icalud ktter ConttiiuLKlcaco ndeiiilul ElllE MEDICAL CO. , UUfPALO. N.Y. GUKE YnURStLF ! I " Ilif tl t r muiuuril i.ikiir.m' ur ulittkllont uf m u L u u § inciuljriiiiei Cu ilrii , mi'l i.ot aitilf ' 'nt . U ' " ejr . 7J i.ucuiiir itui eu r ueU >