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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (May 28, 1899)
M W H r TTTE OMATTA DATLV 111315 : Sl'MJAY , MAY 'J8 , TSHO. TRIBD1ES TO PATRIOT DEAD Freshly-Mid * Graves of Soldiers Ecconse- crate Memorial Day , HEROES OF THE SPANISH-AMERICAN WAR ItonnrltiK < lic Meniorlrn or Ihc Men . "Who PHI In fiilm , Porto lUe-o ( and tlul'lilllppln < - _ ' \.n Unite * nl Arlington. The Rravcs of our dead soldiers command the respect and veneration of all. Particu larly this year , when there arc at Arlington a largo number of new made mounds , when on the hillsides of Cuba and 1'oito Ulco nnd about the swamps of the Philippines , other American soldiers nro burled , wo should think of nnd decorate the groves of our he roic dead. This custom comes to us from the undent and refined Athenians. They wcro accustomed to celebrate the virtues and commemorate the memor > of the heroic < lcad by decorating their graves each year. Tor us to do the same thing Is certain to re sult In our benefit. It will perpetuate the spirit of patriotism In our > ouths and help them to emulate the example of the men who died bravery , not only In the civil war , 1 but , In our recent war with Spain. The Idea of nnd the ceremonies of Decoration day ere bautlful. Its purpose Is commend able. This > car , of all years , should bo observed with patriotic devotion. During the lost twelve months nearly 12,000,000 ot peoples who were living under a tyranny and despotism have been freed from their serfdom and have become a part ot the pop ulation of these great United States. These among them who really know the changed condition hall the change with joy and gladness. Their gratitude Is llko that of Jiazarus toward Christ. They realize that the American people have not been slow to offer the ( lower of tholr manhood to rescue them fipm thralldom nnd that , it they are Klvon time , they -will establish a stabln government under which they can Ilvo In pcaco nnd happiness. Of course I do not know moro than anyone else what Is likely to happen In the Philippines. With other good citizens I hope that the contest will bo short and that the people In our new possessions will bo will ing to riston to reason Instead ot compelling tis to further use force. Our troops there liavo manifested the same bravery , the same heroic fortitude nnd spirit of self-sacrlflco ns was shown In Cuba nnd Porto lllco and have been shown since the beginning of American history , nnd as will Vo shown until American history ends. Wo have lost good men. In warfare these who dlo aio naturally these -whom wo consider best. When Memorial day comes there will bo new graves. Out at Arlington now the as much entitled to commendation nnd con sideration as the men who died In any war In our history Let our fins wuve over them , let our flowero deck their graves wherever they mny be , let our reverence , let our respect , let our love wrcnthe their memories. Herota all ! They de er\o all that vo ran grant them tUcy deserve more than we can give them ! DUCUll.YTlO.t I.V\ IN CL1IA , Where < lic I'ntrint Drinl tli'Nt In tlir ( Inn of tinAntlllcH , The removal of the soldier dead from Cuba nnd Porto lllco during the last few months has served to make vacant a great majority of the graves In those Islands , but Iho transports , despite their frequent trips , hn\o not taken nil There nre still enough down there to make the celebration of May 30 , 1SD9 , a cerebration unparalleled In our history. Thcro are men soldiers who have fought other foes on those pestilential shores than the Spanish who have a claim for the honor and reverence of their countrjmcn The earth upon their graves Is new-turned ) and about them the silent colony grows aug mented day by day by the stricken ones from tbo hospitals. The action of the United States govern ment In transferring to their o\vn land those who fell In Us service Is unprecedented. And It Is a source of wonder to the Cuban natives. These latter have seen great trans ports foaded with the dead sail away from their Island many times since the first o the jear , and they marvel at a nation which Is willing and eager to spend time and money In moving those whoso usefulness Is past. And they will marvel still moro at the spirit which prompts the American soldiers on Memorial day to deck with flowers and flags mounds of earth , and weep at the mem ory of comrades gene to the last call. In the vicinity of Havana and other largo cities the day win bo carefully observed. The great grave In which the bojs of the Maine He sldo by side , and those smaller ones filled since that eventful week In March , 1898 , will como In for the due share , but In no part of the Island will the day be one ol such tender ceremony and Importance as In the vicinity of Santiago. Back of that city the battlefield stretches for miles. It extends coastwise In the direc tion of Daiquiri , and away to the mountains on the El Caney road. It was fought over Inch by Inch , sprinkled as with a summer shower toy the Wood of the combatants , and then sown with the graves of those who fell , kittle care was possible under the circum stances , and when men dropped they were burled. Some were enshrouded In the can vas of their shelter tents , but the majority had as tholr covering only their uniforms and the clods of mother earth. o the IJpiul I.le. of a vicious class. He hnd been arrested and punished so many times vvUncut effect that his dl mf9al was finally ordered He was paid off ft poor little sum and given ft P M on a transport to the United States. Sailing day this depraved negro visited all the shops In Santiago nnd , buyIng - Ing fts many American flags ns tils money permitted , went out to the trenches and decorated a number of soldier graves- black , white , American and Spanish Indis criminately. Then he returned to his evil w a > s. An officer of one of the Immune regl- .iricnts , n hard and blustering man , whoso overbearing manner had brouflit upon him the cordial hatred of his command , died of n fever dining the hot dajs of laet Septem ber. A sergeant of his company , who had been Ill-treated by him , announced bis In tention of defiling the grave , nnd one morn ing went forth for that purpose The fol lowing day n soldier , wlio had made n trip to the trenches In search of curios , burst into the camp with the surprising Informa tion that some one had been decorating the deceased captain's grave with wild flowers and palms. All ccs were turned toward the sergeant and one of the men started to question him , but ho was curtly checked with the reply ? " \Vns it mo ? Of course. I am no d n heathen He's dead , ain't he ? " Those of us at homo who still have friends or relatives under ground down there need have no fear that Memorial day will pass without observance. That duty can safely bo loft to tUo living soldiers. vwissffjmmfito/s\swi REMOVING GROUP OPSOLDIER GRAvCif > ltK > DEAD FROfA NEAR SURRENDER TREtJ CO BAH GRAVES SAHT1AGO BATTIEFIE.LD I REBURYIHG THE DEAD AT ARLINOTOM freshly turned earth shows vvhero the men ntio died In Cuba nnd Porto Hlco Ho burled. Not all of them are dead. Green mounds on the sides of the hills near Guaslmas and about San Juan will bo decked with the red , vvhlto and blue on the 30th of May. The men who died In Cuba , the men who died In Porto Hlco , the men who died and are dying In tbo Philippines are just TWO niSTAKGS. There nre t r o mis takes that people vv ith vvealc lungs nreliable to maVc ; ami both arc about equally bud' One 1 is to not give atten tion quick , ly enough to the little coughs and bronchial troublei i w li i c h so rapidly tin. i clcrmiuc the delicate luiur tissue nnd plunge you into consumption almost before you nre aware of it : the other is when the trouble is nt last discovered auJ fully realized to give up hope too soon , Begin with these bronchial and throat ailments the instant they appear ; nevci \vnit till to-morrow. The right remedy taken now may save mouths of severe ill. ness Ou the other hand if the illness has already come upon you ; and you find your , elf we-akeiicd , wasted and discouraged , do not lose hope There is a medicine that vv 111 certainly restore you to health and strength , "My boy was in n very bad wnv when I com me need to give him Ir Vlerce1 * c.olcldi Medical nlscov very" writes J W 1'rice , J'.sq , of Oiarl. , Mourne Co ( , Ohio , lu n recent letter to Ir. R V . . . V " The doctors claimed I'iercc of llulTalo , N * * .w * w. * * lie had cotuumptlou nuil we doctored with them until he was past walUu ? After utlng five bet tin of the 'Discovery' he U now nil right lias been ten mouth * since he Mopped taking your raedlclue nnd heUttlll In good health We are very thankful to ) ou for caving our sou " Hundred * of similar cases nre described in one chanter of Dr. Picrce's great them Band-page illustrated book The People1 ! Common Sense Medical AdvNerwInch will be sent free for the bare cost of mailing , 31 one-cent stamps It It a veritable familj library in one volume ; the fruit of Dr , r Pierce's life-lonir experience with the se- vcreRt t > pes of obstinate chronic diseases. Anyone may write to him for advice ; which will be sent in a plaiu sealed cuv elope , bee of charcc. Thcro was no orderly arrangement , no rows and aisles and plots and sections , but merely the conveniences of vicinity and the haphazard use cf the Spanish nnd American trenches. On the Santiago battlefield , after the cessation of hcstllitles , the density of the graves served as an undeniable evidence of the mortality nt that particular point. At the foot and on the slope of San Juan hill they were sown ns thickly ns tenants In the God's ncro of a populous city. By permission ot the American govern ment disinterring hns been carried on in amore moro or leas desultory fashion since last September. Desplto the fact that disturb ance of graves In semltroplcnl countries llko Cuba IB strictly forbidden within five years from date of burial , friends nnd undertakers ( locked to the Santiago battlefield , armed with permits trom the War department at Washington , nnd icmovcd a number of bodies , It was only through the strenuous effortn of General Leonard Wood that jellow foveT victims were left undisturbed In ono rnso an undertaker from a Maine town insisted on disinterring an olllcer who had died of jollow fever and ho > Iuldcil only to force. The hasty method of burial followed dur ing the excitement nfter the slego naturally led to wrong Identification In many cases. When convenient a bottle containing n paper bearing the name , regiment and company of the deceased was burled with him Undo boards upon which were painted similar in formation , wcro planted nt the heads of the mounds , but despite- these precautions the Identity of the soldier otter remained proble matical. When n delegation of Spanish officials revisited Santiago for the purpose ut 10- movlng the remnlrs of the brave defender of HI Caney , General Yarn del Ile > . they experienced great dllllculty In finding the grave They were led by a Cuban guide tea a mound in the vicinity of the blockhouse , but on opening the grave disclosed to Alow thoboncG of nr arm ) mule. It was a dcapic able slur nnd Insult cast upon the memory of a gallant warrior b > natives , whose sense of refinement la notably nbscnt In strong contrntt to this Is the pathetic ) inpath > felt b > the living soldiers around Santiago for their comrades In the trenches There are very few graves on the battlefield Uiat huvo not been the object of tender core. Decoration day has lasted many long months In that part of Cuba A lilt of Individual IH-foiuUoM , This s > mpathy has been manifested In stinnge ways and In unexpected quarters. Last _ October n. negro teamster was dis charged from the service In Santiago us In corrigible. He was a native of South Carolina lina aud was a peculiarly vicious specimen And It will be performed with heartfelt sympathy and tender care. HUNIIY HARRISON LDWIS. JVKAV Gll.Y\I2S AT AUMMJTON. lit ( lie frcsH MoiimU In tin.Nlltlimul Ceinc'tiT } . Ugly In the bare red of Its monotony of newly-turned clay , the now graves of the soldiers , dead In the Spanlsh-iAmerlcan war , will pitlfuh'y bear their floweis this Memorial day. day.It It was Sunday afternoon when I drove out to Arlington. Holldaj-makers swarmed into the great national gravojnrd as If it were a picnic ground. The spreading trees and rich turf of the old cemetery were green nnd peaceful. Where laj the dead heroes of our civil war was solemnity , but no sadness. The scars of that great conflict had been ob literated by time. But where the now graves nre Is this great red blot a tremendous wound In the sward to tell a storj , nwesomo and as full of heartache ns it is of glory. Almost precisely a. jcar before I had trav eled about frcm camp to camp and como to know our soldiers. I had messed and camped with the gallant Ninth cavaii ) , I hnd gene to Cuba with the surgeons and the. hospital coips , I had gene into battle with the Rough Riders nnd fought with them and bled with them. Among the brave , black troopers of the Ninth I numbered scores of friends. Among the Rough Riders there was scarcely n man whom I did not know. Day after day , since the tlmo when battle and disease began among these , my friends , I had watched the records , nnd I knew who were dead. I wanted earnestly to find their graves. But on the long rows of tiny tombstones there were no names K.ach had its Inexpressive , unromantlc numbct. On ono or two some reverent ono had scratched n name In lead pencil , but they were all strange names to mo. A pleasant man came from the office of the cemeteiy with , nt first , some merri ment. Ho showed mo the map of the graves I looked at It with eager Interest. I looked away ns quickly when I saw the long rows marked "unknown. " It seems to mo a pity that our government decs not make some p'an by which the identity of the men who go out to light for It shall bo certainly pre served. ( tinI.ltllc Drrorntor. Then I drove back to the graves. They were not wrenthcd with flowers , as ono would have expected them to 'bo Just nftcr they had been made , but fiom each ono Heated a little Hag. They were pitiful little lings , those bits of color on our soldiers' new grmcs They were made of the cheapest cloth , and the red nnd the blue In them was Etrncilled on with cheap paint , which will inn down and epoll the white ntrlpea when the first rain comes. On ono or two of nil the thousand grnves were tiny nosegays , I fancy that they had been put there by u little ylrl that mornlns. I saw her going about weeping , "with some other bunches of Honors In her bands She told inn that nn one 8ho knew had been burled there , but that her "big brother" hnd been killed In the Philippines. The graves were dug by contract , doubt- leas , and are arranged In rows so regularly that they make straight lines no matter In what position > ou stand ns jou view them They were dug by contract , and there were not enough dead eoldleia to 1111 all of them , fcr there nto many blnnk spaces where ono may walk , It he Is not on crutches , as I was. If ho Is , the soft earth which has been loosely thrown Into the useless holeo will EluK beneath tiU crutches , and he will foun der. 113 If In quld-mml I tried to walk nbout among the graves , but the gcvernment of the United States hnj tco little land to spate to malto the paths v.ldo enough fur a lame man's progress Ciipron'M firm e. I saw Captain Cnpron a moment or two after he had been lilt at Las Guaslmas I saw hU grave at Aillngton At Guaelmas ho so covered himself with glory that ho made the bravo men lu that bravo regiment of Rough Riders look at him In amazement , and more than one of them there , in the excitement of the first battle , took time enough as he [ asscd him to pause and bare hln head At UHnRton a grateful country hai not taken time to r * > ' p long enough in 1's ' monotonous workaday hnurs to put flowers on his grave Two fa led palm leaves were Inld upon It. Thnt was all Near his grave 1 * that of another sildl r whom I knew well , Captain \\llllam O'Neill , the famous "Duckey. " He rests under a liandsomc granite stonr , and some one hnd smothered the sodded mound with flowers the day I snw It. It was he who made a fa mous remark. Sonic one had said that our landing In Cuba would boa gambol. "Who wouldn't gamble for n new star in the ling' " Buckey quietly remarked , nnJ went on chewing his tobacco. To ono who had seen the men who are now I ) Ing at Arlington In camp nnd on the bat tlefield It was tremendously Impressive to gaze nt their last resting places 1 raised my cjes , and across a beautiful ravine the ullvery sheen of the Potomac Rrcetol them , licjonil that lies Washington the magic city In which the country for which they fought and died has its governmental center. The great vvhlto dome of the capltol changed slowly to a red dome ns the sun's setting colored cvcr > thing. The tall shift of the Washington monument pierced a tinted sky. Trom Tort Mejcr came the long , quiver ing , pathetic bugle notes ot "taps" HOWARD J MARSHALL. JsUMIJ MJW HIMV UlclUinnrlrn UIMO Cronn I'ul In llrcont Inn * . The progress ot Invention and discovery nnd applied science Is constantly adding now words to our language. The wordi nnd phrases under the letter "A" In Wor cester's dictionary nro C.133 , In Webster's S.33S , In the lately published ones 15,021 and D93fi. Ten jenrs ngo scarcely one of the following words were common ; now they have forced their way Into the dic tionaries , even these published In Great Britain AiitlpMlne , aquarelle , baelorl- ology. blizzard , to boom , to cable , centerboards - boards , cocaine , cowbo > , to cjclc , dude , dynamo , faddish , flabbergast , glissade , hjpnotlst , Impressionist , lanolin , logrolling ing , machine gun , magazine rillc , nmhatma , ma'sage , ntlllnUo , menthol , mugwump , Ncoplatonlsm , occultism , philatelist , photo gravure , plantlnotjpo , pol > pod > , ptognosls , quadilform , range-finder , referendum , re- leglcelty , saccharin , ship iallwa > , blojd , telepathy , tuberculosis and x > lophone. IniilHiiilirj Allntftixt. Thcro mo many who have pains In the back and Imagine that their kidneys nro affected , while the only trouble Is a rheuma tism of the muscles , or , at worst , lumbago , that can be cured by a few appllcotlom. of Clmmbei Iain's Pain Balm ot by dampening a piece of flannel with Pain Balm and binding it ou over the alfected paits. > uvv Mf-vleim MtitrriilN. A New Mexico correspondent of the Chicago Record sn > s "The famous tuiquolsa mlno at Ccrrlllos , about thlrtj miles totith of Santa To , Is now the propcity of the Tlffnujs , the New York Jewelers , who are working It on scientific methods , nnd lost jear took out about twlco as many Jewels ab It ever jlcldcd before. There are about al\ty turquoise mines in the territory , the ptoduct of which amounted to T'25,000 rast year , and is entirely controlled In the United States. The largest piece ot turquoise over discovered hero was taken from the Tiffany mlno nnd was -valued nt ? G,000. The high prices of copper and zinc during the Inst jear have led to a revival of interest In those minerals In New Mexico , nnd several Irn- poitant discoveries have been made. Cop per is now more sought after than gold , and n great deal of money is being Invested In the development ot old mines that wcro abandoned jeats ago. " W. M. Gallagher of Brjan , Pa , sa > v 'Tor various cough medicines foity } cars I have tried cines , One Minute Cough Cure Is best ot nil. " H relieves Instantly and cuies all thioat and lung troubles. SUPREME COURT PROCEEDINGS LINCOLN , May 1C Court met pursuant to adjournment. Henry Tanner and Leslie D Green were admitted to practice. Council Ululls Savings Hank against Smith , Harlnn County against Ilogsett , Cook against Vaughn and Perry against heighten , leave to lllo briefs , Francis against Ga > nore and Garman against Guthilc , dls- mUsed : Woodworth against Helsley , dis missed unless plaintiff serve and lllo bilefs In thirty dajs , Wilson against Vandruff , Gerhardt against Lcmp Drew Ing company , Costello against Kelly , 111 ewer against Co\ , Westminster Collegiate Institute against Goodman , nHlrnied , Nelson against 1'arm- laud Security Company , reheating allowed on motion to quash bill of exceptions , mo tion to quash overruled. May 17 : Osgood against Columbia Na tional Bank and Brjan against New England Loan and Trust Companj , dismissed ; state ci rel Broatch against Moores , motion to re instate cause and for judgment overruled , Klnkead against Philadelphia Mortgage and Tiust Company , restraining order allowed , ncneau against First National Dank , Broken Bow , dismissed unlefs plaintiff file briefs and give cost bond In twenty days ; Oliver against Lansing , advanced , Hanson against Miller , dismissed ; Cullcy against linger- man , motion for additional Eiipersedeas overruled , Sanitary District No 1 against GUbeitsou , reversed , Party Manufacturing Company ngalnat Gulllford , mandate or- deicd ; Campbell against German Savings Bank , motion for allowance of superseuleas overruled ; McBiido against WaKeflelrt , Omaha Brewing Association against Bulln- holmer , Hammond against Clmmbeilaln Banking House , Hoover against Columbia National Bank. Hess against Barker nnd Phllamaleo against State , motions for re- hearings overruled. Court adjouined till Tuesday , June fi , whe'n the following cases will bo called Whitney against Lowe , Merrill against Ijarns , Craig against Wend , Sloan against Thomas Manufacturing Company , Moore against Parker , Saufotd against Anderson , Clark against Missouri Kansas & Texas Trust Company , National Bank of Com- mcrco against Brjdcn , Melcher against Ilnfey , Hohman against Chose , BcloUt Baillcry Company against Schott , Hustln against Standard Life and Accident Insui- nnce Company , Muncatlno Mortgage and Trust Company against McGaughey , Cnry against Kearney National Bank , Cloud ngalnst Kastman , Grant against Bartholo mew , Oliver ngalnst Lansing , Jenkins ngalnst Stnto. Sullivan against State , Dunn against State , Nebraska National Bank against Peunock , German National Bank cf Hastings against Tlrst National Bank of Hastings No 10581 Moores ngalnn State ox iel Boysen. Hov creed , Kiror from Douglas countj. Sullivan , J. Supri-iuc (01111 S ) Until , 1. Under section 4. chapter 1 , Compiled Statutes 1S97 , an unsuccessful remoiistrntor may appeal from an older granting a llctnso to so 1 Intoxitnt'nz llquor.s 2 But such remonstrator cannot appeal from an order overruling his proteit against thu Issuance of a license J Where It doe's not appear that a saloon Hienso was gtanted over the remonstrator s protest he cannot bv mandamus compel the llceiiho board to rulticii to writing and lllo In Its cilllce the testlmonv taken on the hearlnT of the temoiiHtranee I Tin provl-lon of the statute requiting tviry HccnHB boird to reduce to writing nil the testimony taken ou the hearing of any ier-oiiHtimice and file the same in the proper olllce Is for the b neflt of those en titled to have such testimony reviewed In the district court. No SS93 Bcikson ngalnst Ileldman He- veined. Krror from Lancaster count ) . No.-val. J 1 A c ili > ot goods made on the faith of tht entire renott of a commert'.a' agency as to the llninclal standing of the prip is d buyer , and not part'ctilarly ' In reliance of a st iterent made by him to the ajrency , cannot be rescinded because nub statement w is false anil untrue ( PosKa against Stearns 5-3 Neb follow d ) No SSS9 Bought ! against Smith Af- llrmed Krror from Cedar county Nor val. J. 1 The contract tct out In the opin'on ' construed and held to bind the p irtles thereto to account ti > such other f"r th * iic-t profits derived from the purthaM and i 'ao ! of lands under the contr.ut , although such real estate was not specially dcscrlb d therein ; One consider Ulan Is sufll < lent to sup port all the stipulation of a contrm t , where such was the Intention of the parlies No. JVtrJi. Sutton against Stan. Heverscd , tRCHARD & liflLHELN ! CARPET fV 00. I4I4-I4I6-I4I8 DOUGLAS STREET. ale Still On It takes time for people to learn a good thing they arc just beginning to find out that special prices quoted in our drapery sale are extraordinary values. l jrc Screens find Sere012 JPrnmes at GOo encli , represent from 1-3 to 1-3 their value. Screens at $ ! ? .CO just half price. Solid mahogany screens reduced from i2O to $15. Piece Goods at any Price. 50 full pieces of upholstering velour , extra quality in new shades of greens and rods , Turkish and Persian designs reduced today from DOc to 50c. AVe have never sold thid quality less than 90 cents. Most desirable couch and furniture covering. French Cretonnes ( real French ) some 30 inches wide , some wider , marked to 50c 65c and 75c a yard , and cannot bo imported to sell for less to close out the spring patterns we oiler the lot at 25c a yard. Remember these are French Cretonnes war ranted fast colors , and at this price cheaper than ordinary linen for furniture slips. Tinsel Tapestry , beautiful drapery material , 50 inches wide , SSo yard reduced to 57c. Only 0 piece ? . Come at once and take your choice. Remnants of silks and satin damasks , from 2 yard to 24 yards , suitable for pillowrt and cushions. Also parlor chair and settee covers at a fraction of their piece value. Some remnants of muslins and Swisses. wo have closed out almost every odd pair of laces. Monday out for these opportunities , as it's a force sale ai d the prices are force sale prices. * Hammocks A Real Bargain I'lili woven , 3x6 feet , patent stretcher , stationary pillow , our § 1.00 hammock for this sale as long as they last 69c each. Half Price For Baskets Closing out all our basket stock , fancy scrap baskets , fancy work baskets , fancy clothes hampers , all at 50 per cent off. Tapestry Panels JL / for Screens , for Chair Backs , for Wall and Door Decorations , any place about the house you want to decorate. Gobelin effects , assorted patterns , 13x18 , 75c ; 24x34 , 81.00 ; 25x 31 , § 1.25 ; 50x54 , $2.00. Hrror from Washington county. Harrison , \ r , J. 1 An Information charged the forgery of a re clpt for money In the following terms' : "Ma > 13 , 1SJ3. Ileceivcd of C. St ! > . , M. & O fiy Co twenttwo fiO-100 dollars > n full for the within. C. C. Button " which said receipt for money was endorsed I on the bick of u tlmo certificate and writ ing obllgitorv of the Chicago , fat. I'nul , Minneapolis it Omaha Hallway company and which said time certlllc.ite and writing obllgatoiy was In words and figures ns fol lows to-wlt , and purported to givean e\ict I production of the time certlllcato , but omitted any statements of matter * which we to printed on the back of what was e > t > led time certificate tecclved In evidence , and those were m itcrl.il In a conPlderit'on ot Its apparent legality or validity. H Id , tint the existence of an appuontly villii tlmo certificate was of the essential allega tions of the Information , that this was recognUed bv th3 pleading anil as U W.IB pk uled specifically and particularly of wouls and figures the proot nuibt respond and there was a variance between Ihe. proof and the pleading. No 10'iSO IX l"on against Farmland Se curity Company Affirmed. Krror from Davves count } . Sullivan , J. 1 By section 23 chapter \Ix , Complied Statutes 1S97 n. Judge of the district court is authorized to appoint and hold a special term In .any county In his district for the transaction of anj business that may prop- rl > como before such court. 2 An awlgnment of eiror that the court etred In denying a motion for a contlnuinco Is without met It where the recoid does not disclose that the motion was ever presented to the court for decision , or that there was mo action or refusal to net thereon 8 U Is not error for the court to strlko frnm the tiles a motion for a new trial 111 d after the tlmo limited by the btatute , for that purpose No. 8SS7. Clark against McDowell. Dis missed Krror from Clay county Xorval , J. 1 A proceeding In error In the supreme court must bo commenced within ono jenr from the overruling of the motion for a new trial to confer Jurisdiction to review tin case No 103S1 XelFon against Ailing. Af- llrmcd Krror from Davves count > . Sulli van , J 1 An order denjlnpt a motion to vacate a jmlklil sale on the Krouml that the ap praisement was too low" will not be s t nsldj when based on substantially confllct- imr , ovldcnce 2 An appraisement of real cPtato for the purposes of a Judicial sale cannot bo suc cessfully assailed on the ground that the appraisers w re mistaken In their valuation of the propcrt > . 3. Hy section ' "o , chapter sJx , Compiled Statutes 11-07. n Judge of the district court Is authorised to appoint nnd hold a special tot in of court in nn > county ot hl district for the transaction of nnv judicial business that ma > pioperly come befor * him No S51S liooknau against Clark. Af firmed Sullivan , J 1 Kirors which are not prejudicial to the losing paity will nut warrant this reversal of n Judgment aftalnst him. 2 If the conclusion reached by the Jury is right nnd Js the only oneit , rmlssll > lii under the pleadings and proofn , It is Imma terial wliothPi the ItiPtructlons of the court correctly stated the law applicable to the Issu s submitted. a I xcluslv3 possp slon of personal prop- ort > Is merely prlmu facia evidence of ownership ( Under the law of this Btato n married woman may own and control both real and peisonal property and theri \ no presump tion that chattels found In the possession of a husband and wife , belong to thu hus. No' 8302 Longfellow against Harnard , rover cd. Appeal from Saunders county Su Hvau , J. 1 An unincorporated bank cxcluslvelv owned by a private Individual Is not a legal piitlty , even though lln business bo con ducted by < i president and cashier. 2 In inch raso the assets of the bank rcpiestnt meri.lv the portion of the owner H cu.iltal Invented In banking , and lie may liwfullv dispose of them to pay or fecuro the Just claims of iiny of his creditors. 3. A fraudulent vendee of propotty may lawfully mortgage the amc to secure a bona. lirlo creditor of the fraudulent vendor. The consent of the vendor to such disposi tion of the- property is imp led la the con- % tyanco l > v which he invented the vendee with the title. 4 A pre-existing1 debt already duo Is a Biilllclent consideration foi the \ccutlon ot .1 mortgage fCcurliiK the same. G A mortgage given to Indemnify a surety or Guarantor is In legal effect a security to the cnvner of the d bt , even though he did not originally icly on It or know of Its c'H'stonce. C An alignment of a fraudulent mort gage to secure a creditor or the mortgagor Is valid without any consideration moving from the assignee to the assignor Such a. transaction Is In sub-tnnce a release of the fraudulent mortgage and the execution of anew now mortgage bv the ilcbtot to his creditor. 7. Whether a merger Jesuits from tha possession by the same person at the same time of two estates of different rink Cn the same pioperty depend * Kcnerauy on tha intention of the owner. 5 Tha appointment of a receiver is In the nature of an equltabln execution ] 5v It t.e ! court Is able to reich on y tlie actual Interest of the debtor In thc > iitoperty Im pounded. No SS9b Little against Cross , dismissed. Erroi from Pierce county. Norval , J 1. A petition in eiror wll be dismissed In the absence of an authenticated transcript cf the Judgment or Jlml order sought to- bo rev lew od. No SSSS Clark acalnst Douglas , af- Ilimed Error from Cedar county. Hur- riEon C. J 1 The failure of n county Judge to pay to his successor In olllcu or the person enti tled thereto money which was deposited with him In condemnation proceedings con stitutes a breach of the obligation of Ills olllclal bond and theru accrues n cause of action In favor of the person catnaged by said breach C , U. & Q H. Co. aftalnst Phllnott , 70 N. W 550 , 5tj Neb. , 212 , Clcllnml against McCumbor , 13 Co o. , 3o5 , 2o Pac. lle-o 700 2 Uomls of county olllccrs must be in form joint nd seveia' . Section 3 , chapter x , Compiled Statutes. 3 If the bond Is felvcn and npptovcd the ofllco obtained and cnjo > ment of the fees ana emoluments , In nn action on the bona for damages for a breach of the obligation. It will not in favor of the slgnors of it bo adjudged void because Joint alone , but will 1 > held good to the extent It In form com piles with the statutory reaulrements In uch regard 4 , When an olllcer holds for two term * and there Is money which he received during the llrsc term for which he has not ac counted or has not paid to the person to whom It bclanrs and there In a lack of evidence to show the actual date of the misappropriation If any , the prcsumpt'on will prevail that the money continued In hla olllclal custody until proof Is adduced to the contrary. 0 'Ji.o neglect of the creditor to prose cute a claim against ther estate of n de ceased .surety does not effect the release of co-sureties C The evidence wafi sufficient to authorize thu porpmptoiy Instructon given 7 rnde-r the conditions and circumstances existent the ruling of the trial court on .1 motion to htrlko out certain cks'ismttej tfnt'mony ' wart a discretionary ono aid there being no abuse of the discretion the enor. If any , Is unavailable , S iJxcluilan of offered testimony ex < nmlncd and held not erroneous. No 10j07. Woodward against State ex r l Thomsscn Reversed Urror from Hall county Norval , J 1 The mere pajment of the costs bv an unmiccpssful litigant Is not a waiver of the right to appeal or prosecute error from the Judgment r ndcred on the merits 2 Under section 17. chapter x. Complied Statutes , the Incumbent of a public office having public funds or property In his con trol who Is re-elected shall not have Ji's bond approved until he has produced nnd fullv accounted for such funds and prop- ertj. 3 Th provisions of slid section 17 are mandatory , and nre appllciblo to any per son elected to the otllce of county trcMt- urcr as his own successor , who has failed to account for or produce to the pioper ac counting ofllcers nil the public funds or property of which he had control. 4. It Is rev islblo on01 to giant a per emptory ivrlt of mandamus upon the plcul- lucrs nlone , and without the production < > evidence whe-ro a nmtdlil averment i-i the application 01 petition for the writ Is put In issue l > y the answer G M ro conclusions of law In a pleading will be disregarded d Mandiinufl will not lie to compel the approval of an olllclnl bond when the ap plication for the writ falls to show that the bond tendcicd was executed by iuf- llclent competent sureties No S ! > 12 iillclc against Wilson. Af- llrmed Uiror from Dodge county. Harrison risen , C J. 1. Whether an Injury Is directly ciuisril by an act or the former arises 01 flown from th * latter proxlmatelj or niturallv la a practical question rather than n theoret ical on" . 2. A person whoso safetv Is Imperiled by the negligent act of aimlhei If injured In a reasonable nnd prudent attempt uiu' r tlie conditions and circumstances to ( s- cnpo the thr atened danger may recover from the negligent one damages for , tha Injury. 3 Whether the negligence and peril had cxlstenco nnd the attempt to ovoid tl\i latter was prudent and reasonable ft ro usually question of fact for the determina tion of a jury Assigned errors of the giving deslg- nitcd Instructions and refusals of oth ro held without force No S90i ( Summers against filmm Af firmed En 01 from rillmoro countj. Harrison risen , C J. 1 The party who would be defeated If no evidence were given on either side must bo allowed to open and close the Introduc tion of evidence and arguments to tha Jury. C In an action of replevin In which ihn pMltlon alleged d images In the sum ot 1300 for the unlawful dot ntlon of the prop erty , the answer admitted that but for the atllrmatlvn matters of defense pleaded therein the plaintiffs would b > cntltlid to ! ludgment Inclusive of nominal damages or ; in the eum of 1 cent Without deciding the applicability to actions of replevin tit I the general itilo of the light to open .unl | close h Id that Inasmuch as the plaintiff's i right to damage as pleaded was of issue I thej were entitled to open and close even if the rule was enforced 3 Instructions requ steel and given nnl nskc < l and refused examined and the action as to each dotermlnod without error. | t. The evidence held bulllclcnt to sustain the vrdlct , 1 6. Alleged misconduct of roimsfl , conslst- I Ing of statements during argument to the Jury to bo available on levlew must tin mndo the miujcat of an obje-ctlon nt H\n time , a ruling obtain'd nnd exception taken thereto nnd the portion of the proceedings Incorporated in the bill of exceptions No MOO. Slnttcrlj ngnlnit Ilarley Appeal from Davves county Harrison , C' J 1. The common law rulenlatlvo to th rights of private ilpnrlan proprietors nro of force In this state with exceptions of statutory abrogations and changes 2. Thnt a curtain tract or piece of mrt Is arid and to bo of tiso for ngricultuial purposes must ba Irrigated are not matters of which judicial notice will bo taken ; to lie available. In nn notion they must iia pleaded and If placed in ISSUR proved 3 Persons not parties to the action heM not entitled to the enjoyment of pc-rsonul privileges accorded lij the decree therein to thocewho were Impleaded , 4 The findings and deere nH to certain of th defendants held sustained by hut- flclent of thu ovldince 5 The llndlng In favor of ono of the ilf. , fehdants determined manifestly wrong anJ i reversed ii The notion ot the district court bi which It excluded from consideration and decree certain designated matters helJ 1 proper. ' % v % vv * v % iv * ' x va No other dye can do what these will. Each package dyes nil materials cotton , wool , silk and mixed goods. It washes and cleans while It dyes. Docb not injure or stain hands or utensils. Colors absolutely fast , never fade or wash out. Dyes cotton fabrics In from 5 to 10 minutes without boiling. 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