Tin ; cmAIIA DAILY BEE $ SVXDAT , MARCH 12 , isoo. o
DES NOISES AT THE RACES
Eiwllent Track to Be Provided and Spwdy
Hortes Are Ezjwoted.
LARGE TAX SHOWING OF IOWA ROADS
*
4
llrtiirn or Vinil.11 1'or Mltf I 3tni1e In
tlie MnliCane nt AVi'H Klunvn Al-
toriK-y fur llrt-nt'li if Trliii
it ltcln - llfiirit.
DKS SiQlKBS. March 11. ( m1nl Tel-
Grain. ) Two big race meeting * will be given
la beg Moln this year. The firm meet
will be held this spring ana the other later
in llie summer , potwlbljr following the Dav
enport meeting in July. The meeting * win
bo under tha management ot Alexander &
lilisli , backed by the a e rapltaltiu as the
Senl-Om-Sed meeting of latt fall. The Orel
move In tbo matter of bringing about a
local meeting wa * the leasing today of th *
mile track west of the dty. The owner *
cf the track have loused it to Alexander &
Hush for a term of year * , and it la the in
tention of the backers of the enterprise to
create an Interest in horse racing In this
city. The exact dates of the meetings have
cot been decided , but already blanks are
being printed for entries to the races. It
Is understood that large purses will be of-
fcrod for the events. The meeting will be
under the American Racing association , but
ivlll not be In the western circuit.
Judge lllshop refused to appoint a receiver
tot the German Savings bank nnd refuse- !
to enjoin It from collecting assessments on
Block , In a decision handed down today In
the cnso of Cooper and forty others against
the Hank , seeking the two orders which
the court refuses. The court held the bank
to bu In good condition and commended the
work of the directors In reorganizing the
institution.
The railroads of Iowa paid thV state ,
county and municipal governments ot this
Btato U,389,000.7D In taxes during the year
ending Juno 30 , 1SD8. That was at the rate
of JIGG.ll per mllo. These figures , given
out today , are compiled from the forthcom
ing report of the Iowa Railroad commls-
Elon.
Elon.Of
Of the $1,393,000.70 paid In taxes the trunk
lines of and running through the state paid
about } 1 , 200 , 000 as follows : Burlington ,
Cedar Rapids & Northern , n28,213 ; Dur-
llngtou. $174,4'J9 ; Great Western , $70.841 ;
Milwaukee , $230,378 ; Rock Island , J225.125 ;
Northwestern , $22t > ,347 ; Illinois Central ,
J4DS.239 ; Iowa Central , f43.9S7. In Michigan
the rate is $81.57 per mile. In Missouri ! ' is
T1G7.C5 , in South Dakota $89.52 , in Minnesota
seta $1SO nnd in Nebraska $100.
Client > I Illw
The case of William C. Barber ngalnst
George H. Olmsted is now drawing to a
close. OhiiBtud , who was county attorney
for four years until January 1 of this year ,
is charged with having taken $3,000 in
money belonging to Barber a year ago and
placing It in trust in a safety deposit vault.
Olmsted , It is charged , then proceeded to
us the $3,000 himself. This suit , whlcb Ibas
lasted Fince February 14 , has been one of
the most sensational ever held in the
county.
Today A. N. Boeye opened for the plain
tiff. He commenced his argument with an
impassioned plea for the purification of the
bar of Hamilton county and urged the court
to make an example that would not bo for-
Kotten soon of the attorney who had violated
lated his oath In trying to swindle a client
out of $3,000. When Boeye flnhtied ho
was vigorously applauded by the crowd.
Cady then began for the defendant. He
paid ho wanted the case stripped of popular
rireju'dlco .and decided In accordance with
Ihn'law and evidence. When he was in thu
midst ot his argument the court adjourned
till Monday , the Judge stating that the case
would bo finished the last of the week.
Edward Burton , colored , escaped from the
police today while being taken from tUe
city jail to the police court , where he waste
to bo tried for attempting to kill his wife.
MKITI.\C nitiinins.
I'IIJUTN ami Shearing : and
AMES , la. . March 11. ( Special. ) The
program for the sheep shearing festival and
ilaughterlng contest of the Iowa Sheer
Breeders' association is being issued. It
will be a three days' session , from April
S to 7 , inclusive. On Wednesday , the 5th ,
shearing will commence at 1 p. m. There
will bo flvo classes and the prizes In this
contest will aggregate $50. The evening ol
this day will bo spent in addresses nnO
papers. Among the speakers will be Pres
ident BenrdBbear of the Agricultural col
lege , President G. AV. Franklin of the
breedoro' association , Hon. J. Lewis Drapei
of Chicago nnd W. O. Trltchman of Musca-
tine ,
April G papers will bo read by II
Skinner of Ames , on "Tho Care of a Pur <
Bred Flock ; " by J. G. Rogers of Moulton
ou "Shelter for Sheep In Southern Iowa , '
end by Jacob Holtz of Ottumwa , on "Diffi
culties Confronting the Future Sheep In
dustry of Iowa , " and others. Officers will
be elected at thia day's business session.
During tbo afternoon will occur tin
slaughtering contest , uhicli will be some
thing novel and unusually interesting aui !
Instructive. There will be live classes ani
For Three Years. Nights Itching
and Burning Terrible.
WifoSuggestsCUTKfURA. Uses it.
Presto ! What a Change.
Feels Like Kicking Doctors for
Three Years' Suffering.
The itching nnd burning I Buffered in my feet
and limb * for llirevyrariin-vro terrible. Alulfbt
they wuru WOIHB , und would keen me iiwuU' a
greater I'un of the iileut. 1 counullrd di > ctor uftcr
doctor , us I wan truvdllui : ou tliti load mort of
my time , uUo one of our city durtorn. .Noie of
the doctorn Luewvimt lliu truublovne. . 1 pol
a lut of tuu dlttcrtut arui > U'0 of lhe tiu'diclvcs
1 hud been mint : . 1 fouud them of to uiuny
different Mudi , that 1 concluded I would limo
to go to n UiiidnuiHl boepiul bcfutu 1 would crt
rellff. 1 bud frequently born urpiHl to try Oo-
TICI'IU Kcjir.mr.fl , but I huil u < > futtu In them
My wife finally prevailed upon motutry them.
I'rfstol Wlml u clintigu. 1 urn now cured , and
it U n pnrinuunil ruru. I fuel like LlcUuc omo
doctor or myn'lf for uCferlns three years when
I could have u ed I'rnci'iu reiuxdteii.
it. 11 , lb9S. II. JEXKIN9. Mldtllcboro , Ky.
BABY'S ' FACEOLID SORE
My little nephew , John Btaucton , wa ufillcti'd
with lb wontt torn I r r aw nil ovrr ht body.
lilt head and face at tlmci were a solid tcab and he
ultrcil dreadrulljr . lletrunpltlable lht. Jill
lattier u > ed nil thr remedlei tbtl he hrard of , uud
doclored with ftll the doctor ) . } Ie wore a tar cap ,
blia , which did no good , but { rot no relief until ho
nied tus CPTICCKA ( ointment ) and CCTIOUEA
6oir. Kow hu i a clean , healthy child.
March 8 , 13'JS. 1' E FOLTZ. I'ligh's Itcn , Va.
CUTICURA
Begins with the Blood and Ends with
The Skin and Scalp.
That Ji to nay , Crrii't u * I'.ISOLVKKT. preateM
of blued purlflrn nd humor exwlter. . . nurlli.it
the blond uiidcirculattoi ! fluids onlnioK ljke ,
and thu rrmuvvt lUo i-atuf , while M-arin bMln
wltn CUTIPURI. fa.P , and ieutle auolutliijrt wiU
CUTIOUKi iotutmeni ) , ; ri-ate t ot mo < livta Wia
curiclrau B tlie nklti and ecalp of ciuiU and
icalvi. allay liriaiit. liurntnt ; , and inninnuatloo ,
fcootlie aud heat TUu are peedlly.l' rnm eaty ,
and ( vooontleaUy rured Hie 11101 torturiiiK. dt-
ScurlBK bumor of ! heawm. n lp. and blood , wUU
low gf Ualr , vhca all oluer reinudlea fall.
Foil thraiuftaut tbt wotU. l < arrie D f IB .
U w to Curt Vmj Itumot , " tnc.
CAUC V'nilD ClflM iils.it and Hair.bjr
OflVt lUUK OMll cvwcw * fcoiT
* T - v I ! arg t-j i' J < The
i.'K ' . ! % " i i , , i tr.t ( I.UPE
The fpBturp * of thp evening mill I *
on tcpic-s of broodln ? and itn addren by
Hoti. Peter Janwn of jRns n , Neb.
Priaay the slaughtering content will be
pomli.ued , with additional jirUps. Swep-
tUkoa will be determined atid pr-lm
awarded.
No entry fee will be charged unfl-the lit
of entries Is alt-end ? very large. All in-
lerMftM In tltwp en find IK > better onpor-
tunltj- for undying 11 the breeds under
the most favorable conditions. Various np-
illRticeii for handling -wool aad sheep will
MI exhibited and a itieep shearing machine
will be on exhibition. It 1 expected that
this meeting trill call out every wool
( rower In the state.
DAMAttKS roll TAILOn'S PI\RI2IIS.
KCI-IKTS Anlicil tit I'ny for tlic
Dltcli1 < if Atnlrcxv I'nlrc.
SIOVX CITY , la. . Mart * 11. ( Special. )
Four Sioux City erloon hoopers find thcm-
Brlveg defendants In four { 10.000 damage
Bulls because they sold liquor to a man
who was later badly frost-bitten. The
.InlntlfT ID the suit is Mrs. Andrew Fnlre ,
ft-hoie hucbancl suffered the lose of all his
Ingers and several toes from spending the
ulght in the enow. He is a tailor by trade ,
and so la Incapacitated for work. The tlc-
'endants io the suits arc John Mander-
Btdeld , John Arcnsdorf , David Rltz and K.
J. IteKscKlou. Under the law the wife is
thought to be entitled to damages.
Garret ion IJocx Into Journal INHI.
SIOVX CITV , la. . March 11. ( Special
Telegram. ) A. S. Garrotson , the Sioux City
promoter and the man who failed tor sev
eral millions In 1803 , IB going into news
paper work. He will EO to the Paris es-
lositlon as special correspondent for a num-
wr ot western jiapcrs , which ones he de
clined to say at present. Mr. Garretson Is
one of the best ) ; no\vn men In tile north-
weet and last fall made the rare on the
fusion ticket for congress from the Eleventh
district of Iowa. He was defeated by Lot
Thomas of Storm Lake.
OIKTB Ilotivr Knijiloj StrlUo.
SIOVX CITY , la , , March 11. ( Special. )
Manager A. B. Bcnll of the Grand opera
house of Sioux City has n difference with
his stage employes regarding wages and
the men have struck. Tlio manager has
put a non-union force of men to work. The
striking stage hands have appealed to the
other labor organizations of the city to
help them and are making a decided effort
to get a boycott placed on the house.
Collcnilrr AVIII Ilullil a School House.
FORT DODGE , la.March 11. ( Special. )
The town of Collendcr held an election
this week for the Issue of new school bonds.
H voted to issue school bonds to the amount
of ? 4,000 and a new brick school house will
bo erected. H. W. Sutler , the present prin
cipal , has tendered ihis resignation to the
school board and the place will be filled by
C. M. Erlckson of Dayton.
/ T pnT < r r > nr < n
MUTIT/MIPI GOES FREE
( Continued from Eighth Page. )
this year the actual cash value of the prop
erty has been fixed by the appraisers under
the state inheritance tax law at $16,000. A
fourth of this would be ? 4,000 and on this
basis it must be assessed -by ilr. Hardln. In
this case , therefore , there will be a reduc
tion of ? 2,000. These two instances will
show that there Is good cause for the city
authorities to feel alarmed at the prospect
of the city's assessed valuation shrinking
from $4,500,000 to about $3,000,000.
Big , juicy oranges at Klein's.
Plenty e oysters at Sullivan's.
Think ! If only thirty people start In on
the first Bee wheel contest the average num
ber of subscribers they have to get will only
bo tun. Of course more will start , and if
you arc one of them why should you not
get a wheel ? You choose aay make
Church Xotex.
At the First Congregational church this
morning the pastor. Rev. G. W. Wilson ,
will preach on "AStrange Idea of Pros
perity. " In the evening his address will b (
for the young people on the theme "Th <
Triumphs of Youth the Inspiration of Age. '
Sunday school will bo at noon and Christiai
Endeavor society meeting at C:30 : p. m.
The regular services will bo held todaj
at the Broadway Methodist church wltt
preaching by the pastor. Rev. Myron C
Waddell , both morning and evening. Sun
day school will be at noon and Epwortl
League meeting at 0:30 : o'clock.
Rev. G. W. Snyder will preach nt St
John's English Lutheran church at thi
morning service at 10:30 : o'clock. At thi
evening service the children of the Sundai
school will render a foreign mission servici
prepared especially for the occasion. Sun
day school will be at noon and Young Pee
plo's meeting at 7 p. m.
At the Fifth Avenue Methodist church thi
pastor , Rev. Q. P. Fry , will preach at 10:31
a. in. nnd 7:30 : p. m. Sunday school will hi
at noon. Junior League meeting at 3 p. m
and Epworth League meeting at C:30 : p. in
Morning class will be at 9:45. :
The services at Grace Episcopal churcl
will be as follows today : Sunday school a
9:15 : a. m. , morning service and sermon a
11 o'clock , evening prayer and sermon a
7:30 : o'clock
Rev. Alexander Litherland , pastor of thi
i Second Presbyterian church , will take ai
the subject of his sermon this morning
"Limitations of Sin. " and in the evenlni
"Limitations of Selfishness. "
At the First Presbyterian church thli
morning the pastor. Rev. W. S. Barnes , wll
preach on "Our Cleansing from Sin. " Ii
the evening ho will deliver nn address t <
the young people on "Companions. " AI
services will be as usual.
The services at St. Paul's Eplscopa
church. Hev. George E. Walk , rector , wil
be ns follows today : Morning prayer , lltan :
and sermon , 10:30 : o'clock ; evening praye :
nnd sermon. 7SO : o'clock. Sunday school wll
bo held at the close of morning prayer.
At the First Baptist church there will bi
regular preaching sorvfces nt 10:30 : a. m. am
7:30 : p. m. ; bible school nt 12 o'clock noon
Baptist Youns People's Union jneotlng a
0:30 : p. m. Sunday school at Bethany Mis
Bion , corner of Sixteenth avenue and Hlgl
street , at 3 p. m. , and prpachlng at 7:30 : p. m
If you can't find 'em anywhere else thai
Is , froah fish and oysters always come tc
Sullivan , the grocer. Ho keeps plenty o :
both.
_ _ _ _ _ _ _
If vnu flon't cat meat during Lent tr :
foroe'of those JiKo fresh flsh at Sullivan's
the grocer.
Davis sells drug * .
Oyst&rs at Sullivan's. W Broadway.
l tvllli n
A.P. . Calkins , a clerical looking old mat
who removed to this city about three weeki
ago from Glenwood , was arroatod yc-sterdaj
afternoon at his residence , 021 South Slxtl
street , at the request of the authorities o
Fremont county , He Is wanted to answer i
charge of cmbczrleroout from a fraternal so
ciety in Sidney. He v.as taken to Sidnej
last evening toy Sheriff Tate of Frernon
county , who arrived here with a warrant fo :
him. Calkins , who claims to have been for
merly a mUUiter In the Sleihodist church
said ths charge was entirely untoundei
aud tie would have no difflculty in provlni
his innocence.
Te ) nhaas 161 for oygturs That's Sullivan
Ort'islMm : ,
And Famous Winoen and all kinds of maga
bound by llorehouwi & Co.
Get oysters at ulloau's. the grocer.
SIX TO FOUR IS THE SCORE' '
Americans Corns Ont Ahead with Flying
Colors in the Silent Game.
GREAT ENTHUSIASM OF THE SPECTATORS
AnifrlcntiR Cpl Itc t 1'unttlon on the
.Miijurlt } ' i > t Ilonrilx *
llnrry nn l llmlmtlic I/cnil-
T Tlie
NEW YOUK , March 11. The American
chcS players came out with flying colors
against the Britishers In the cable chess
mat h which wu begun In London nnd
Brooklyn on Friday morning nnd concluded
this evening at 0:30 : o'clock , the score being
C to 4.
Nearly from the start of this great annual
contest the Americans seemed to get the
better positions on the majority of boards
and although only three matadors , namely ,
Showallcr , Barry and Hodges , scored awin
for America on each of the boards that they
were engaged on , no fewer than six games
were drawn , but Champion Plllsbury had to
resign his game against the British cham
pion , Blackburne.
Following are the results as recorded :
United Slates. Won. Great Britain. Won.
J. H. Ulackburne. . . !
J. II. Shotvalter. . . , ! 11. ii Atkins 0
J. F. Harry 1 T. F. Lawrence 0
A. U. Ilodgcs 1 12. Jackson 0
E. Hynvs U D. H. Mills 1,4
ir. P. Volght 1..IH. Jacobs
b. P. Johnston u r. D. Locock H
F. J. Marshall UG. ; K Walnwrlght. . ,
O. J. Newman H'G. ' K. ReJHngham. . . " -
D. G. Balrd uU. | W. Trenchard. . . H
Total 0 I Total 4
The match at this end was played nt the
assembly rooms of the Brooklyn Academy
of Music and today the "big " hall was filled
with an enthusiastic crowd of spectators
throughout the hours of play. It Is needless
to say that every result of the game ,
whether won Iby an American player or only
drawn , was cheered to the echo. Very
often moves which were registered on the
giant boards came In for hearty rounds of
applause when the spectators thought the
move was a # oed one. The games today pro
ceeded as follows :
During the morning session It became evi
dent that Pillsbury could do no more than
draw against Blackburne. The latter , how
ever , played splendid chess and downed his
man on his first "board " after seventy-one
moves. Shawalter's brilliant play on the
second board against Atkins caused general
admiration and 'when at his forty-fifth move
he announced a mate in seven moves the
spectators nearly -went crazy -with excite
ment. 'Atkins ' , of course , resigned.
Barry , too , played excellent chess today
and after fifty-one moves lhe had beaten
Lawrence on the third table. On the fourth
board Hodges played very strongly and
managed to beat Jackson after fifty-one
moves.
Voight , who at first tried to play lor a
win against Jacobs , had to be satisfied with
a draw after forty-five moves.
The Brooklyn champion , Marshall , let an
opportunity slip to win his game right out
and he , too , had to be satisfied with a draw-
after sixty-two moves against Walnwright.
Newman and Bellingham , who contested
their game right up to the finish , ended on
a draw alter sixty-six moves and Baird and
Trenchard also drew their game after sev
enty-one moves.
After the conclusion of the match dis
patches of thanks were exchanged by the
clubs and by promoters of the contest.
LONDON , March 11. A great crowd of
American and British spectators watched
the conclusion of the match and the keen
est 'interest ' was manifested in the game
between Blackburne and Pillsbury , continu
ing until the close of the contest.
Secretary Cooper's announcement of the
draw between Marshall and Walnwrlght was
received with surprise and cheers ? " Mar
shall's play throughout was highly praised.
The best of feeling prevailed throughout
and the Americans were heartily cheered
when the play was finished.
XOTUE UAMIS I10YS IVI \ OUT.
Get Thirty-Six Points in Chicago' * 28
Mile llun a Ffitturc.
SOUTH BEND , Ind. , March ll.-Notre
Dame won the triangular meet with Chicago -
: cage and I.llnois here today. The tlnal re-
suUs were : Xotre Dame , 00 ; Chicago , -A ;
Illinois , la. !
Bach event was hotly contested and the
victory was not won until the last event
had taken place. The meet today marked
the dedication of the new Notre Dame
Fymn.aFlum nnd lhe Barnes were witnessed
by 1,000 people.
Th-a sensational work of the day was in
tna mile run. Connor made a brilliant
spurt on the last lap and was just ready to
step ahead of Smith when he fell from"ex
haustion , within three feet of the tape.
Besides the regular m Jas : offered for
first and second places a magnificent loving
cup was presented to the Chicago team for
I winning the relay race. Each actor was also
; presented with a crown of olive leaves , as a
I sr-eclal honor. Officials of the mcvt were :
Dr. George K. Herman , First regiment ,
Chicago , referee ; Judges , George Wor-
then , Jr. , University of Illinois ; Karl P.
AVatcner Purdue ; J. E. Raycroft. University
of Chicago , ilarter , O. E. Dupless. Sum
maries :
Forty-yard dash : Borden , Illinois , won ;
I FuJr , Chicago , second ; Donoghue , Illinois ,
third. Time : 0:044-5. :
One-mile run : Smith , Chicago , won ; Rus
sell , Chicago , second. Time : 4:39. :
Running high Jump : Powers , Notre
Dame , won ; Smith , Illinois , second ; Byrne ,
Chicago , third. Distance : 5 feet 11 inches.
440-yard race : Maloney , Chicago , won ;
I H-errlck. IT.lnolp. second ; White , Chicago ,
I third. Time : 0:57. :
I Pole vault ; Powers" , Notre Dame , won ;
, Herschberger. Chicago , sscond ; Smith , Illi-
! nots. third. Distance : 10 feet.
j Forty-yard hurdles : Hoover , Illinois ,
won ; Boyd , Illinois , second ; Calhoun , Chi-
I cugo , third. Time : 0:054-5. :
Sixteen-pound shot put : Powers , Notre
Dame , won ; Kggvman. Notre Dame , BCC-
i end ; Sutler , Illinois , third. Distance : 41
, feet C Inches.
I Running broad Jump : Powers , Notre
. Dame , won ; Kealor , Illinois , second : Gllnn.
! Notre Dame , third. Distance : lil feet Cft
] inches.
I :20-yard : dash : Duane , Notre Dame , won ;
; O'lJrien , Notrp Dame , second ; Fair , Chl-
1 case , third. Time : 0t52-5. !
1 hSO-yard run : Maloney , Chicago , won ;
I Hwbert. Notre Dame , second ; Corcoran ,
Notre Dame , third. Time : 1:21. :
WI.VVUIIS OX M3W OUli\XS TIIACIC.
rent U rr of lh > Cnril U Trolley Ilaiiill-
t-iii Won li > - flu-rry I-cal.
NEW ORLEANS. March 11. The J10.000
Trolley handicap in a mile was the feature
of toduy'H card. Cherry Leaf , the favorite ,
landed .he prize by an extremely narrow
margin. Eva lilct. who wus coupled with
Laureate , both being trained In the same
i stable , set the pace , to the etretfh , where
Cherry L at came through under t-troug
persuas-lun nnd won out by a nock In l:4ft4 : ,
at the fastest mile of the meeting. Bright
Night was the only other winning favorite.
Weather showery , track fast. Result * :
First race , handicap , one mile : King Bar-
Jsycorn won , Gold Fox second , Elmer S
third. Time : 1W .
Second race : 2-year-olds , four furlongs :
Jack Willis won. Panjutte second , Counteata
I third. Time : 0CO : ; .
. Third race , selling , nix furlongs : Bright
Mglu won. Sheik second. Colonel Eades ,
third. Time : J:1G. :
i Fourth race : Trolley handicap , one mile :
Cherry Leaf won , Alfresco second , Eva Rice
third. Time : l:40j. : ?
i Fifth race , selling , six and one-half fur
longs : K C' won. Princ e Zeno gecnd , ToNe
No Se third. Time : l:2v : .
, Sixth race , gelling , srvrn furlong ? : Lillian
Belle won. Torn Klngsley second , Mordecal
1 third. Time : 1 SbU.
ci.ivniAMi in v.s JIIKK GHIITJ.V.
He lU-fuxfn to IIiivp 1IU Snlnry Cut on
Ilrouklyii Tram.
NEW YORK , March ll.-MIke Griffln ,
who refusml to sign with the Brooklyn
Hasa Ba..l club for lesj than $8.500 , IIBK btien
released to Cleveland for Jl.OUO. He has
t. * n aeked to report to President Robinson
on Monday. Griffln was secured Ian De
cember to manage tind captain the Brook
lyn team His salary was fixed at
l > ut when Hanion tout charge this
1 > .u : n > u < : : i ! . ; .1 ' o-i iim i r , >
Urlflln Was ofT'rcj to lh ( N.w ork i uli
by M nap > -r Hanlon. but An < lrw I'rcdmari
rofud 10 bu > him and the cifvtlanj * at
once opened
friini Tlirep
NEW YORK , M rch 11-Yale , Trlmrton
slid Oolunibla K.vmn Hs ! met in friendly
t-cimpftltlon last niirht In th ? big rytnnoJhim
on ilornlnjtflil ? Heights. Whllf It was
purely an exhibition , rivalry between th *
three teams wag very kfn. Innfmuch as
dlft-rent Hct. were donp by different ool-
IcgrM. there was tie way nt pomparlnn the
woik of the team * . The Princeton men
went In larpe'y ' tnr trapeeo work , which al
ways Is Sippoiaoular , while Yale and Colum
bia dlsplsypd thslr > klll on th * > rinr i. IIBI-
and slue horse ? . In some things Ynle tx-
t-plled , in others Princeton , and in others
Columbia.
Smith AVIU X nv Itcllri- .
SAN FRANCISCO , March Jl.-"My -
terlouf" Hilly Smith nnnounceO today in
nn interview with B reporter that hevoi d
retire from the ritiK in July. He will neht
Wnlpott and possibly Tom Trary before he
casts the ploves aslds forv r. nnd will
Journey east to me * * Wa. ' . xrtt RJ Boon as
arrangements can be tnade. He will flRht
Tracy anywhere , but prefers to meet him
in this city.
Will HIMV Slny ttO.
ITHACA , N' . Y. , March 11. Cornel's row
Int ; authorities ! today announced the date
of the Cornell-Pennsylvania f ? poiid crew
races as May 30. It will be decided at a
meetlnc to tx > held in Philadelphia Monday
whethfcT the crew wl'l meet on the Srhuyl-
UI11 river or Lake Cayusn. The distance
has been fixed at two miles.
Snlr of St. l.oiliH Unit 1'ark.
ST. LOl'lS , Mart-h ll.-The disposal of the
SportJinan's Park nnd club property at
sheriff's ; > ale will take plnre from th ? front
door of the St. Louis court hou ; < > on Tues
day next. On that day , It Is announced , all
the players of the Cleveland club have been
ordered to report in St. Louis.
Monn Hctiirns to
NEW YORK , March ll.-"Tod" Sloan , the
Jockey , sailed for England today on the.
Lucanla. He will ride for th ? prince of
Wales nt the Enster rao-s , nnd will con
tinue to ride for the Bcrpsford stables.
For frost bites , bums , indolent sores ,
eczema , skin disease , and especially Piles ,
Da Witt's Witch Hazel Salve stands first
and best. Look out for dishonest people
who try to Imitate and counterfeit It. It's
their endorsement of a good article.
Ladies' shirtwaists and skirts made to
order , modern and stylish. Burgess & Co. ,
43S-438 Paxton block.
SUPREMh COURT PROCEEDINGS
LINCOLN , March " . Court met pur uant
to adjournment. Ilowne ugsiinst Peet-e ,
Omaha Savings Hank against Phillips ,
Omaha Savings Bank ucalnst English , Stev
ens against Bunk , New Churi-h Board of
Publishers ngalnst Rich : Nebraska State
Bank against Abbott and Kramer against
Knudstn , allirmed. Omaha Carpet Com
pany against Mc-Tague. First National Bank
of Elm Creek against Lumlt-y. Stead against
Dotmer , Gardner against Woods. Omaha
Savings Bank against Chase , Nebraska
Mortgage Company against Gordon and Mc-
Call against Nebraska Loan and Trust
Company , dismissed. AVoodard against
State ex rel Tomssen. leave to file addi
tional transcript. Wild- against Homan ,
Dufrene agalmt Johnson and Omaha Sav
ings Bank against Chase , ( two cases ) , orders
ot revlvor. Society of Home for Friendless
against State , advanced.
March S. Clark against Missouri , Kansas
and Texas Trust Company , motion for order
to lilo briefs overruled. Biddle against
Spatz. suggestion of dlmunltlon allowed.
Meng against Coffee , motions to advance
and dismiss overruled. Cobb nglanst Had-
ley , motion to dismiss overruled. Warren
against Wales , motion for receiver over
ruled. Barry against State ex rel Hampton ,
motion for rehearing o\erruled , injunction
dissolved. Goodlng against Ransom and
Hargadlne , etc. . Company against Krug ,
dismissed unless plalnt'ffs ' serve and file
briefs in thirty days. AVlley against Wiley ,
restraining order continued in force. Laune
against Hauser , cross-appeal advanced.
Ankeney against Rawhouser , motion to ad
vance overruled. Christie against Wagner ,
motion to submit overruled. Pettibono
against Fitzgerald , motion to dismiss over
ruled. Nelson against Farmland Security
Company and Nelson against Ailing , mo
tions to set causes for hearing overruUd.
Lincoln Street Railway Company against
Lincoln , suggestion of dlmunltlon allowed ;
cause advanced for hearing at the Septem
ber term. Pprrllng against Ailing , atiirmed.
March 9 Meyers against Smith , advanced.
S. S. Bishop , esq. , admitted to practice.
Court adjourned until March 21. when the
following cases will be called : Farmers' and
Merchants' Insurance Company against
Newman. Murphy against Illinois Savings
Bank ( two cases ) , Doak against Reynolds ,
Sands against Evre.tt. Globe Loan nnd
Trust Company against Wond. Dillon
against Chicago. Kansas & Northern Rail
road Company. Folsom against Palling , City
National Bank of York against Vandruff.
Root against Fast , Home Fire Insurance
Company ngalnst Kuhlman , Mercantile
Trust Company against O'Hanlon , Van
Wagncn against Cooper , Rom'.ne against
Stephan , Hofmann against Tucker. Bur-
chard against Walther , Turner-Frazer
Mercantile Company against Henshaw ,
Kemptretc. . . Company acainst Renshaw ,
Chadron Loan and Building Association
against Smith. Richardson against Missouri ,
Kansas and Texas Trust Company. All-
bright ngalnst Peters. Vernon asralnst Union
Life Insurance Company , Michigan Mutual
Life Insurance Company against Richter ,
Adams against Conrad. Enterprise Ditch
Company against Mofiltt , LaBonty against
Lundgren. Walker against Allen , Chapel
against Franklin County , Fletcher ncninst
-Co-op-ratlvo PuWi-hlncr Company. Wilson
against Vnndruff. Clark against McDowell ,
Flske against Osgood , Farmers' and Mer
chants' insurance Company against Jensen ,
Blacoagainst State. Wooflard against State
ex rel Tomssen. First National BanU of
Omaha against Goodman. Booknau aguinst
Clark.
Suiiri'iiio Court Syllnlil.
No. S7&3. Langdon against Wlntersteen.
Alilrmed Error from Gage county. Irvine. C.
1. Affidavits usfd on the hearing of a mo
tion for n new trial In order to be considered -
ered In this court must be embodied In a
bill of exceptions.
2. To lay a foundation for the admission
of testimony as to the value of goods in
common use it is sufficient to show that the
witness , by purchasing nnd by pricing
similar goods , is In n general way familiar
with their value. The weight of the opin
ion then given is for th > jury.
3. Where error Is assigned to the admis
sion of a large number of written instru
ments en masse the assignment Is bad un-
le's nil were Improperly admitted.
4. An instruction is not prejudicially er-
rrneous although awkward in phraseology
and ungrammatlcal , provided its meaning is
clear.
5 It is the duty of n mortgagee of chattels
in selling under foreclosure to give a reason
able opportunity to persons desiring to pur
chase to ere the good ? and to offer bids.
Falling in this the mortgagor may hold him
accountable for the sacrifice thereby result
ing C. It is not error to refuse nn instruction
the substance of which has been already
given.
No. 10-117. State ex rel Pankonln against
Cass county. Affirmed. Error from Cass
county. Ryan. C.
1 The adjudication In Button ngalnst
State. 42 Neb. 04 , held to determine this
case.
2. Ordinarily , whsre a stream of water
constitutes the. boundary line between two
political subdivisions , each subdivision holds
to the middle of the stream and accord
ingly Is liable for bridge repairs , as Jalil
down in Dutton against Stuto. 42 Neb. MU.
irrespective of th > volume of flowage being
nearer one bank than the other.
No. 8749. Nebraska National Bank against
Clark. Affirmed. Appeal from Douglas
countr. HarrUon , C. J.
1. Directors of a corporation oaoh made
a loan of money to It , with the understand
ing or agreement tha in payment or en
forcement of the debts thereby created no
one should have or obtain a preference
over another. It was subsequently ordered ,
all being present and acting , that negotiable
promissory notes be executed and delivered
to the partlee evidencing the debts which
originated in the loan transactions. Held ,
that the later adjustment was under such
circumstances and attendant facts as
evinced the intention to annul and abro
gate the agreement which accompanied the
loans.
2A director of an Insolvent corporation
may not through any advantage gained by
reason thereof or which jnsy be tak--n of
his dlre orhir > obtain or securt a prefer
ence of debts of the corporation to him erin
in which he is materially interested , but a
judgment for uch debt secured without
any such advantage will be upheld , even
though it may work a preference of the
S One of the director * of the corporation
who had made it a loan and who. under
the eider of the managing board relative
to issuance of promissory notes to member *
who bad made loans to the cumpany , was
ontltlud to recri\e such H note , dted and
hl fen was ai > pont-fd ! administrator of
the estate : also became a director of the
company and applied for and there was ex
ecuted and delivered to him as adminUtra-
tor a note o/ the corporation In the amount
of thi loan dt-bi Thiuriurati'n Ir&me
insolvent u&d tovu.xfi.ttt tUeit ; was n-tuv-
t r 1 a ju..gnvn i. n ' ' ; favor
of the ailtintii-i'--.tc ) ' \ - . , tor t'f
amount iliif ou ill- i oie Ht.vl. fivin 1ii
ovldfncp that therp ha < 1 l < e n no advantage
taken by the i < on of thp < lrreaj ? d director
and admlfiltrator of his estat * of the for
mer's position of difM tor of the corpora
tion to obtain in the suit nnd judgment
nn the note * preference- over other cred
itors of the corporation ,
No. SlJn. O'Nel.l against Flnod. Af
firmed. Krror from Dougloa county. Nor
val. J.
1. In a fause submitted under wwtlon 1 of
Mile 2 of the supreme court on an ngreM
Wintefl abstract the court will not looK
beyond the abstract , and. unless error f
flrmntlvely appears therefrow , the Judg
ment below will be affirmed ,
\Vhert a CHUSP brought to this court
on error is submitted under section 1 or
rule 2 the printed abstract must include
the petition in error or an abstract of the
assignment of error therein contained , and
a failure In that regard will worle an af-
Mnnance ot the judgment ,
No. 8769.-fhlcato , lloi-X Island A Pacific
Railroad Company ag ln t O'Neill. Af-
flrtned. Error from Lancaster county. Sul
livan. J.
1. When a railroad has been constructed
and put in operation an adjacent land
ownei may su at once for ooniwqurntiaJ
damages to his property and recover In
the action full compensation for all In
juries which he hns sustained , or which
wl'l ever afterwards accrue , from a pru
dent and careful operation of the road.
5. Hut such action need not be , com
menced Immediately. A party may wait ,
within the period of limitation , until the
extent and character of the Injury to his
property has ben ascertained by experi
ence and made susceptible of absolute
jiroof ,
3. Whcro property has been talen or dam-
used for a public use , the owner is entitled
to recover as compensation the difference
buwpcn the value of such property Imme
diately before and Immediately after the
completion of 'he Improvement from which
the injury results.
4. The jury , Ir fixing the damages sus
tained by a land owner in conw-'quence of
the. appropriation or Injury of his property
for a public use , may take Into account
every element of annoyance and disadvan
tage remltlng from the improvement which
would Influence an Intending purchuc-r's
estimate or the market value of eui-h prop
erty
f > AVherc evidence Improperly received Is
afterward stricken out and expres ly with
drawn from the consideration ot the jury
the frror Involved In Its reception is or
dinarily cured.
C Where distinct causes of action or ?
blended In the petition the only appropriate ,
rsmedv is a motion for an order requiring
a seuarate statement and designation.
7. It is a general rul < ? , to which the rotor-l
In this cas ? presents no exception , that ob
jections not urced In the trial court will
not be considered here.
No. S7S7. Tldball agalns-l Young. Re
versed. Error from Sallno county. Ra-
znn , C.
1. To constitute a valid administrator's
bond some person or olllcer must be np'm > a
therein as obllcee.
2. A writing purporting to be nn adm'n- '
istrator's bond signed by a principal .inii
sureties approved and filed by the proli.it t
court In which no person or olllcer is nanu-1
us obligee is neither a statutory m > r a
common law liond : it Is simply a promise
in writing , made to no one , and is void.
No S7S5 Cate against Hutchinson. Rp-
verscd. Error from Nuckolls county. Sul
livan. J.
1. An answer. In an action on an account
for services , which contains a genera ! de
ntal of the essential facts of the ivetUk.ii
and avers that the charges in the itemlz-0
account are unreaionable nnd unjust , dors
imt present inconsistent defenses.
2. A defendant may plead ns many
rrounds of defense as he m&y have , pro
vided they are not so repugnant that if
one be true another must be false.
5. Prejudicial error cannot be predicated
of an order allowing a pleud'ng to be
amended when the amendment does not
change the issues nor affect the quantum of
proof as to any material fact.
4. In an action to recover lor services
rendered it Is error to exclude the testi
mony of a witness who has shown himself
qualified and competent to testify as to
the character and value of the services.
No. S773. Davis agn'nt ' Culver. Affirmed.
Error from Lancaster county. Ragan , C.
1 Under a general denial In replevin the
defendant may prove any fact which
amounts to a defense to the plaintiff's
cause of action.
2. Evidence examined and held to sustain
the findlncr of the jury that the plaintiff
In error and hlc assignor purchased the
note in suit after Its maturity.
3. That when the action was brought
there was nothing due on tire note.
4. In a replevin action for property cov
ered by a chattel mortgage given to secure
ths payment of a note owned by plaintiff
the defendant undsr a. general denial may
. show that plaintiff at tr.e commencement
! of the suit was and still is indebted to him
for labor in an amount equal to the
amount due on the not- ? .
No. S7SO. Chase County ngalnst Chicago ,
Burlington & Quinsy Rr.'lroad Company.
Affirmed. Error from Chase county. Ir
vine , C.
The statutes provide two methods of re
covering back illegal taxes paid under pro
test. When the tax Is Imposed on land not
| subject thereto or which has been twice
, assessed for the same year , the prson payIng -
Ing the tax must present a claim to the
I county board , and , if ! t be not allowed , ho
1 mutt , if he wishes further to contest , np-
I peal to the district court , but If the tax be
levied for an Illegal or unauthorized pur-
ixise , or if the tax be' bad for any other
i causa not falling within the first clar ,
! he may maintain on original action tbere-
I for. ( Chicago , rtur'ington & Qulncy Rail
road Company -Mnst Ncmaha County , 50
Neb. . 293 , followed. )
2. When taxes levied by a county exceed
the maximum permitted by the constitu
tion the excess is levied for an illegal and
unauthorized purpose. ( Same cose fol
lowed )
3. The constitution permits a levy of
taxes by a county In exceps of 15 mills on
the dollar valuation in only two classes
of cases : First , to pay debts existing when
the constitution was adopted , and , sec
ondly , when authorized by a vote of the
I people. This brings within the general
limitation taxes levied to pay judgments
rendered ngalnst the county on fl.bts not
contracted before the constitution was
adopted , wh-cn such additional levy has not
been authorized by vote of the people.
No. 10340. Slobodlsky against Curtis. Af
firmed. Error from Douglas county. Nor-
val , J.
1. The filing of a petition In error In the
puprenie court is alone insufficient to in
vest jurisdiction. It IB lndlspen able to
jurisdiction that there should be filed with
the petition In error , and within the time
fixed by statute , a transcript of the pro
ceedings of the district court containing the
tlnal judgment sought to be reviewed.
2. Wht-re n party files a petition in error
within the time limited by the law for the
prosecution of error proceeding he thereby
abandons the appeal which lie had pre-
vioufilv docketed in the cose.
3. The mere failure to file n motion for
a new trial In the court below is not of
Itself sufficient reason for dismissing a pe
tition in error by the supreme court.
4.he rullns : of thr > district court on a
motion to require its clerk to pay out
moneys In his hands may be reviewed , al
though there was mod-i no motion for a
n6w trial.
D. An order drawn on a particular fund
creates -equitable assignment thereof , al
though not accepted by the drawee.
No. 1GS47. Hunter against Union Life In
surance Company. Motion overruled. Er
ror from Dousrlas county. Harrison , C. J.
1. If there 4s room for construction , that
given to its rules by a court or a judge
thereof will generally be accepted as con
clusive.
2. Notice of an application to a judge of
the district court for an extension of Urns
within wbich to prepare and servo n bill
of exceptions is not indispensable to juris
diction.
3. The rules of this court or * not neces
sarily governable in matttrs befor ? the dis
trict courts or the judge * thereof. The portion
tion of section 93 , Code of Civil Pro
cedure , which made them BO applicable
wh n enacted , to the courts as thn c < r-
ganlze'd and the existing : conditions , but
the constitutional changes In the organi
zation of the courts and the changes in the
conditions have rendered It inapplicable.
4. No notlco of the presentment of the
bill of exceptions to the trial judge for
settlement und allowance Is required un
less amendments to the bill have been pro
posed and not accei'ltd.
No. Mil ) . Western Union Telegraph Com
pany against Call Publishing Company.
Affirmed. Error from Lancaster county.
HurrlBon , C. J.
1. rhe clrcumstancpB t..ifler which the
contract by which the telegraph company
ntrreed to transmit to the other party to
the i-ontract the news re-ports of the Asso
ciated press examined and ild not to uliow
the contract to be elemtntal of the con
sideration of the agreement by the A o-
clated press to furnish the new reports to
the party to th& first mentioned contract
other than the teltErajih company.
" . A public service corporation Is ame
nable to the rules of thr common law rel
ative to discrimination In ratwe brtwet-n
patron * for like Mate or interstate etrv-
lew * rendt-rod under like condition * , the
latter In the. absence of eongrreaiilonal leg
islation on th * subject , and courts will en
force the rules of general Jurisprudence in
such mutters.
S The evidence In regard to the difference
in night and day ratal for * vral certain
clashes of fervli : s held to furnlfch u , bai-is
fur uscwtaiiunnjit of the m a ure of the
difference in wleht hr.d day rale. * in ths
service * involved In WlBBtion. In the ab
sence of evidence to show reason for a
-r uter distinction
Nu. luitl iitiiElitS i ! u.un Sluts. lie-
HAVE
NO EXCUSE
For Suffering with Coughs. , Colds , Catarrh ,
or Bronchitis
HYOMEI CURES THESE DISEASES OR MONEY IS REFUNDED
lloMon.
M ' . .r . 11. T. Iloolli fo.t
( iriitlcniiMiinir "lljoinrl" iiroimrntloiiK nrr flulirnt Hint I lin\r foiinil ,
I'ttlicr In Uiiropr or Anicrlen , for I Inlliroat and liiiiu * . M. iniill | nr < >
\l.slim | ( ullli Momlrr-fnl MiicpriN. II lum i-iirod imp of lirom-lillU , niiolli of
iltMlflU'ixo. You ( li'Hcr i' Miri'l-s" , n 11 yomrl IO < * N < i ftrrat ili-nl more limit
yon o In I in for It. In HIT opinion It In a viilunlilc M-nicilj. 'Mo-.l ( jrntrf iillr
J'llUfN ,
AMI.I\A ui : nr.iitj i.oKCiiti\ .
Tciu'licr of Mniilnu.
1-Jll Trcinonl M.
Your physician will tell you that "Hyomcl" Is the only germicide which can pir.or
the brotirhinl tubes aud lungs.
It is Guaranteed and Cures by lulinlnt.on.
HYOMEI trial outfit complt'ie , loc. Kogular outfit complete , Jl.OO. Extra bot-
tlcj , tiOc.
HYOMI31 Halm ( a wonderful licalor ) , 2. cents.
All HYOM12I nt druggists or sent by mall.
The Story of Hyomcl free for the asking. Hyomcl Dyspepsia Cure complete ' 3
different treatments ) , do cents. No one tnblct can embrace all the Ingredients HP -
sary for the cure of the various forms of Dyppcjeln. With Hyomcl wo glvo three or-
ferent treatments covering nil the various forms nnd adapted to any case. If your
druggist docs not have itu - will send It to > ou by mail on receipt of price , 60 reuti.
THfi R. T. BOOTH CO. , Auditorium Building. Chlcngo.
JRree.f Free/
Two thousand bottles of HYOMEI11 ! N > givrn aav nlischitob free nt
SHERMAN & McCONMU DRUG CO. , 1513 Dodge St. , Omaha , Neb.
beginning Man i l th or.J i nnnuiug for i nt ww-K aiso KKEE TKKVTMENTS with
HVOMKI ill be given to all who call
fpa
FOR MEDICINE. CUT THIS err ,
Send It vith vour order for four full quarts of our ixmt-olj l\ > c t T $3.15 ,
rXPKESS PKEl'AlD. and we will send jou FRT E OK CHAKUli 1 srmple
l > 'tiles ' , one 12 end ons 15-1 ear old K > t. acutts-crc-.v audagoUi tipped wluskx ( .IH- .
We malce > nu this otlerBimp' ' ? t- > ret you to trv the goods. VYenlsu have tinP.I i o
J-mdB ) ve'ars old , Inch we ill ditposeoi t * . } J.5 ° percallon.m | ( . -cilt iioi m.-te
gallons at one shipment.Ve also give sample bottles. R ! SS and cmk screw with
thesecond" ; 11 cooda are not satitlnrtory\c'U can return them lit our exptnse nnd
e < lf RETURN YOUR MONEY TO YOU Thrsi- Roods aic slnpped direi t Ir , m
tlirir nf I . miTtllc mrn ' - pri > nu
thedisttllinccompanv.\\hlch guarantees j > tv nn s.aM
Kefcicoces , any express compauv. n > . thcli.m.lle tliuufiuias ol ouipactagcs. ,
KELLERSTRASS DISTILLING CO.
I4th und Alain Sts. . KAN5AS CITY , HO.
KOTE Orders lor Ariz , Colo. , Calif. , Idaho. Mont . N , N Mex. , Ore.
Utah , Wash.Vyo. . , must call for twenty quarts bj Ireicl.t. prepaid.
Z3SZS3S3 v&iMnrrrn. < * f.'tjv.isiK < r * * & < t&-'y'siT :
vtrsfvl. Error from Washington county
Su In an. J
1. in the trial of a criminal case th" court
Is not ordinarily justified In assuming th"
existence of any material fact put In Issue
by the ple.i of not guilty , but there Is not
an assumption of any fact In an instruction
plainly professing to lie a mere statement
of the material averments of th * informa
tion.
2. In criminal prosecution it is revers
ible error to instruct the jury , upon the
question of Insanity , that the burden of
proof shifts from the prisoner to the state
during the progress of tht trio ; .
3. But the court in its charge may prop
erly say that when the presumption of san
ity encounters opposing proof , the burden
Is upon the state to satisfy the jury by
evidence beyond a reasonable doubt that
the accused was sane at the time he com
mitted the alleged criminal act.
4. One suffering under a defect of reason
to such an extent that he was incapable
of distinguishing between right and wrong
with respect to a particular act Is not
amenable to the laws against crlmo for
havlnir committed such act.
5. And it is prejudicially -erroneous to in
form the jury in a criminal case , where
the defense is Insanity , that want of ca
pacity on the part of the prisoner to under
stand the nature of the act in queMlon at
the time of Us commission is neeassary to
pander him Irrespon.iihle.
0. Whether the court might properly per
mit private counsel , in a criminal case , to
make an argument to the jury on behalf
of the state when such counsel did not
appear in his professional character until
the < -vld&nco was closed , quaere.
7. It Is competent to prove the ownership
of a store building by parole evident- ? when
it does not appear that fuch building is
real estate.
8. Where a parson Is charged with the com
mission of a specific crime testimony may
be received of other i imilar acts , commit
ted about the same time , for the purpose
only of establishing the criminal Intent of
th * accused.
S. On the trial of n person Informed
against for burning property with intent
to prejudice nn insurance company , -where
the accused refuses to produce the yjoUcles
of insurance , secondary evidence IB compt-
tent to show the contents of the policies ,
that they were- made out < tnd delivered by
an authorized agent of the companies and
that defendant was claiming indemnity
1 under thorn.
i N'o. 824B. State ex rel Itroatch against
| Moorcs. Irvine , C. Sullivan , J. , dissenting.
I The question of the sufficiency of a p-
' tliion or Information to state a cause of
action Is , when the defect IP substantial ,
open for consideration throughout the pro-
I eeedlnga. and may even be raised on u
motion for rehorlnr. :
2. Want of legal capacity to su refers
to a general legal disability. If such do nut
] exist the failure of a plaintiff in thow a
! right of action in himself gos to the Fiif-
i flclwicy of the pleading to state adU.cv of
1 action , and Is not waived by failurtto
' demur for want of capacity.
I 8. The provisions of Session Laws of 1 ! )7 )
I page 54. chapter 10 , the so-calle \ ihan r i.f
I cities of the metropolitan class xatmn < 1
and held to demand that In r pc of tue'- '
IgiblHty of the person receiving the ii.grht I
number of votes at the first general tlt < -
tlon for mayor the president of th"oui > ' . '
should excrcbe the ofilce , and not th * for
mer incumb'nt.
No. S789. Wakelcy against Omaha P.-
versed. Appeal from Douglas county
Ryan. C.
1. Notice of the sitting of the f-itv coum .1
as a board of equalization under jctl ( n 2" . .
chanter 13 , pace 1H , Session * LIIWS IVS
j for at least fix flays prior thi'tfn , i jr.
Indispensable prerequisite to legal ai tion
i. The mere fact that -tn owner r-f au-
Jacc-nt property nlgna a piMitlun lor j .ixme
a street In a prescribed mann- il irs ri.it
furnish grounds for the prc-fcimiptloti that
the petitioner assents to lrrguli.r < r \c..3
iroeeedinjrs of the city couwil in ilit- per
formance of such duties as muy iltvcivo
u ; > on it after the pavement slmi : be com
muted.
3. A void special assessment is not vali
dated by the mere fact thit payments
thereon have been voluntarily made.
No. 10I7B. Mulloy against Stale. Af
firmed. Error from Box Butte county.
Niwval , j.
1. An Information will sustain a convic
tion of a lower offense Involved In that
charged.
8. An Information for an ussau't with in
tent to commit great bodily Injury , fram d
under faction 17b of the Criminal Code ,
i will sudain a conviction for , .n Bsault and
I battery when the information dlsclobis , by
i uroxter averments , thjt ? ih minor offcns-e
was , in fact , included in the commission of
the one charcod.
3. S" tion 4TS of the Crirninul Code is not
confined in its application to prosfcuiloiit
for crimes thp punishment for which t he-
statute had than made provision , but ex
tends as well to prosecutions for offenses
sub * " < iu'nt'y created ,
4. I'ndrr said S-ctlon , where the crime
charged embraces dlfft-rt-nt degrees , I. e. .
Inrhiih'S one nr more less--r offenses , the
act-us d. when justified by the evidence.
may be convicted of any on ; ot the
dt'ijrei'ur offenses.
jPREVENTINEand
DOUCHE SYRINGE IS * o
Sold entirely upon
its merits and guaranteed to do all we
claim of it or money refunded. Ladles are
invited to call at our offices where we will
be peased to give you any information re
garding our remedies. Our oOlcee are in
charge of lady attendants who will be pleas
ed to make appointments with you by tele
phone. Call 'I'hone 2270. All correspond
ence confidential. Send stomp for book on
WOMEN. Agents wanted.
Preventine Medicine Co , ,
316 Ramuo 01k , Omaha.
Women
use
hat pins
for everything
They even pull cherries out of oo Uta 11
with them , but when it comes to using
Krug
Cafoimet
Lager Beer
the hat pin isn't in it. But Krug Cairns t
is for women Just ns much as a hat r <
It builds up a woman makes her si rene
and healthy. As a tonic and stimulant it
can't bo beaten. Don't you want a ca > e
sent home ?
riiii ) KIUG HHISWIM ; co. .
Tel 420. 1007 Jiukson Sv'-eet
IF YOU LEAVE . . .
OMAHA. TODAY
. .VI V. .
UNION PACIFIC
you will iirrl ve in
SALT LAKE
SAN FRANCISCO
OR PORTLAND
SOOM2U than If you l.-f ( - . in
un > otlirr line > rNlcnluj .
C'ily Ticket Ofllce , l.'JOl ! Pannim J > ret
has no terrors for
ji Bee
uilding
Tenants
i Why don't you get into
t a building where every
thing is absolutely safe ?
A few first class offices
left in The Bee Building.
i Apply
! R. C. PETERS & CO. .
k Ground Floor Corner ,
! 17th and Farntuu ,
