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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (April 6, 1900)
TILE OMAHA DAILY BICE: FRIDAY, APKTL 0, l!K)0. 3 THOMPSON WILL PASS IT UP ItnoiM Hall'i Charge of Political Treuon Laid Againit Aim. PROPOSES TO STAND BY HIS DENIAL Bar Dili Not Knlcr 1 it tit Con- piracy tit Ilrnt llnynnril (Hit i of the Sciintorlnl i Election. LINCOLN. April .'.Special Telegram ) The proposition of Frank M. Hall to donate SI .000 to nny religions, rh.irltable or eleemosynary Institution If he falls to cstab Huh thi truth and authenticity of h:t prlntcl nsscrtlons concerning I). K. Thompson, to which was attached the rondltbn that Thompson agree to withdraw from the sena torial light If he succeed in establishing their truth, has not brcn accpted by Mr. Thompson. Hall charged Thomps n with political (reason, claiming that ho signed nn agreement with eertaln fusion members of the last legislature, agreeing to support the principles of the poptlllM and demo cratic parties If they would elect him sen ator, f'nncernlng the Hall proposition, Mr. Thompson sayB- "If Mr. Hall has nny cvldenco that I en tered Into a conspiracy It beat Mr. Hay ward out of the senatorial election let him bring It forth. If ho has not, then In fair ness and eemmon decency he should close his mouth and put away his pen. "As to his proposition, or any other that Mr. Hull or others may make, I will say that Mr. Hall has put his charge In the shape of 'I believe.' I have made my denial and I aland by It. I am willing to go Mr. Hall one bettor than he proposes I will leave my case to the people. If they be lieve him they will repudiate mc; If they believe ini they will give mc their help and votes." At the republican primaries here today delegations to the Lancaster (ounty repub II an convention to bo held tomorrow were If 'ted. Nearly all delegates selected are pledged to endorse I he candidacy of I). K. Thompson submitted on demurrer to reply and answer to cross petition overruled. Henry M. Matson was granted a divorce from Clara A. Matson on payment of costs. ( In the case of David I'ltman, guardian. , against Hanford L. Cable et at. the plain tiff was granted permission to sell certain real estate. A motion for a new trial was overruled and forty days given In which to file bl'l of exceptions in the case of Anna Ooos against Hans Ooos. Anna Wilkinson was granted a divorce from John Wllkln:n. ami alimony fixed at $1,000. $250 to be paid within thirty day, J2..0 at the end of six months and to00 at tho end of one year. Motion for new trial overruled and forty days given In which to flic bill of exceptions. , GAIN IN WbSTERN CLEARINGS 1 nran,s up t0 ,hc flmount of ,he app,opm' I S Z f I terday morning and In yet coming up. Heavy , ice seas have been running so thickly to btatrmsnt tor tim yusrter 01 mis lear ; jay ihnt uo crossing could be made. Compared with 1899. The river has risen four feet since yes- , Verible error to inform the jury that it LOSS IS AT SPECULATE- CENTERS Kit. FT CMAIKillll WITH ASVU'I.T Well Known too I. limn l)r feiiilniit lit Cno lit O'Neill. O'NKILL, Neb.. April 6. (Special Tele gram.) Jacob Kraft was before the county court today for preliminary hearing upon the charge of criminal assault, Kay Munt being the complaining witness. This Is Tiitnl .Mnrt'h Itrttirii Mmmt n llrorense Conipnroil tilth I, nut Vcnr W lie it Mook I'lotiitloti Wn nt ll llelnht. WjoioIiib Itepiilillciin Convention. CHBYKNNB. Wyo . April : (Spccl.it Telegram, i The republican Btate conven tion will be held In Cheyenne on May 10, when six delegates to the national lonven- tlon win ne elected, a m uirec prcicicniuti cltctors and a candidate for congress. NEW VOIIK, April 5. Hradstrecfs In Its Issue this week will aay, reviewing the bank cUarings for tho first quarter of 1P00: During March a jwr ago stock flotation wns at Its height and speculation In theso and other securities was of enormous volume. Trade to'j was g od and staple prices wete advancing. The result of the working rf nil these forte was reflected In the larg"st aggregate of bank clearings cer reported. i nt lllieriv to take Into consideration the I phvsl.nl romlltlnti of the proectitrt at the i time nf the alleged assault In arriving nt Its verdict. 7. The ullldavlt of Juror relating to the argument or statements made by them while deliberating upon their verdict may not be received to Impearb the verdict. Muiray against Homlne. Ktrnr from i Douelas county Alllruied. Norvnl. C. J. , In ejectment proof of adverse posesio.in ; Is admissible under a general denial. A verdict liiisul niton the evidence SHIM- eleutly to ortabllMi a holding of possession of propertv adversely, openly, notoriously, SUPREME COURT PROCEEDINGS i tv'X ment of an action, under a claim of tight, . t v ..-nTi 7 ,., vvlll not be disturbed, although the evidence ' ,,,.,.,,,.. .,. vv..... ..... ,,...... introduced to establish such Tact may not to adjournment. A. v . t uiilvvdl and A. t . i i, itn oii-lttent with a liolding under a Frost were admitted to practice. Heed claim other than tlt.tt of title, against Nntlonnl Hank of Commerce, l.e- ; 3. IVisosslon of one occupant nV h ii..,.. .,i., umith Minuet iiniinit. ttfp tacked to that of another If one acquired lane ugulnt Smith. .Mutual Ilonetlt 1 .1 fi 1)0,.plon from ,p olhrr aml tm, ptw Insuriince Company against Davey. ( HI- nrv ,,tates are connected and continuous. ago. Iliirllngton X- Qulncy Hallway Com- I. Color of title Is not e?intlul to ml panv against Shook-ScUticr Comp.iny and I vcise po.elon. itmir.no ,,,.r.i,ii First Vat In nil It ink of ! The rlllt "f onp P"Son holding Pn Henenu against t irsi ution.il ; rvsslon adversity may bo transferred to Hroken How. dismissed; liotntlcr Mill I ,iot'r verbally. Manufacturing Company against Wright, ft, instructions examined and held to have J nes against Miller, dismissed, unless up- t,ecn pro-ierly give n. ...ik.. .i,..,.. .i n, ,.mi Comparing, as current returns do with these pellnnts serve and file briefs p thirty dnvs, Lancashire' Insurance Co. against Hush. another chapter of the Stuart lase. reportel "e at reuirns uo. itn tntso Webster agnlnst Citizens Hank, defendant i Krror from Uinrnster county. Atllrmed. In The rice Sunday. In which Wlilhm Fuller , ,no"nol swollen aggregates It In not ; lo ,,rvo an(1 ntr hr'.efs In thlrtv days; liar- 1 Sullivan. J. surprising io una tnat tne totals for Mar'h vey against Fleming. leave grnnted to llle a Judgment vvlll not lie reversed becauo this year show considerable decreases and ! briefs as per stipulation: Oerner ngnlnst I ,,f an error or defect In the proceedings J(t If the detnlls nr. rirrfnltv enno Into Vates, Hrownell agnlnst ! tiller and llarker j which does not affect the substantial it. 't t . ? . . Konc Into, 1(1Kalst u-heelrr. advanced; Sutton against rKH r ,),,, complaining party, little but what Is encouraging can be Sutton, time for tiling briefs extended ten j. Fndfr tV valued policy law (section brcught out and It will be found that with days; Aultman, Miller fi Co against .Mollne, i x elutpter x lilt. Compllrd Statutes tM) the the foHm nf snn-nlntlnti iilwoot ihr. ,n. ' -"""urii . r'oooarii . oinpans , i i- mntllto tlxes tile vvortll o tne nroperiy was bound over to the district court up n the chargo of nssault upon the same girl. As many as eight of tho young men of the town have been Implicated by the testimony of tho young woman. Nearly every busi ness man of Stuart, besides other represent ative men. to the number of nbsut thirty, spe. illation absent the , Krnnted to nlalntlf! tp tile briefs fnstantcr; maimler. which constitutes solid business, la were in the city today to attend the Kraft t0' rpa"y very large volume, hearing on behalf of tho defendant. A j Tho total bank clearings at eighty cltlss number of them were Interviewed by The , lr the month of March. lfiOO. as reported to Hee correspondent, nnd they nil expressed . Ilradstteet's. aggregated $7.fS2.22."i.4(i5. a gain the opinion that the prosecution la cither:0' nearly ID per cent over tho short month malicious or that the chargo Is for tho pur- o' February and a total practically ns large pose of blackmail. Tho defendant Is n as the aggregate for January of this year, man cf about 15 years and has a family. Ho Compared with March n year ago there Is a Is a stockman and reputed to be well off decrease shewn of 12.7 per cent, but com- financially. olirnkn Kleotlon Itrttirns. HANCHOFT Tho village election yes terday resulted in tho election of Hired democrats nnd two republican!. The board for the coming year stands: J. K. L. Carey, democrat; R. V. Catcs, 'democrat: H. V. Francis, democrat; W. W. Sinclair, republican; K. T. Hlce. republican. CFLIIKUTPON At the vlllago election tho Tho list of candidates decide I T'" WPnl ,lry bv nn avcrago majority of pared with March. IStiS, the gain Is over 3, per cent. As tho vnrylng number of bua i Iness days In the different months cause somo differences In comparison It might be Dlllrtt against Kviins. atllrmed: (lerner against Vates, leave to defendants Metier and outoilt to lllo cross netltlons; Heal ngalnst McMenemy. dismissed unless appel lent serve and llle briefs In thirty days. April I- State ex ret Christy against Stubbs. leave to defendant to tile briefs In one week, llulldltig and Loan Association against lillan. Building and Loan Assocla tl hi agalnt Walker, Klkhorn Valley Lodge against Hudson, Matiek agalnt Brown ami Ailing against Fluher, r hearings denied. Lancashire Insurance Comp.iny ngalnst Hilterborles. Lancashire Insurance Com pany against Kalhoff anil Philadelphia Mortgage and Trust Company against Ful ton, dismissed: Smith MKiiln-'t Smith, sug gestion of diminution allowed, costs to be icmnrkcd that tho nEcrccate dallv clearincs I taxed as hereafter ordered. Mangold " . I ......1..... .ill . ........ ..I 1 upon by the Thompton management Is: Fcr lirtito cf tcpretcntatlves from tho city, John Mockett. Jr.. A. W. Lane and C. II. T-fft; for tho fenato from the city. H. O'Ncll; for tho senate from tho country, J. C. F. Mc Ktsson. I'iij ntrr Itelrnses 1lll. After serving two years and two months of his llvc-ycar sentenco In tho state penl'er tlnry Ilcnjatnln Mills of Hnrlan county was released Aorll 1 by Ooveinor Foyntcr, bo ciiiiso of tho Ill-health of the prisoner anil his wife. Mills was president of tho Re publican City bank. At that time his cousin. James Whitney, was treasurer of Harlan rounty. Mills borrowed county money from his cousin for tho use of tho bank. Whitney wns tried before a Jury and found guilty on tho chargo of embezzlement that ,nero should be no billiard halls. Thosj ulneteen votes out of eighty-five votes enst LOUP CITV Thero was only enc ticket in the field, being tho entire old board, which Is for license. LYONS The city election resulted as fol lows: Republicans elected W. II. Clements Justice, nnd Franklin Everett nnd Henry Crellln for two years, and William F. Tnylor nnd A. IJ. Lyon for one year, to- spectlvely, to servo on tho town board. MONROK Tho following were elected members, of the village board: C. W. Hol llngwhend. Hurt Strothers, C. Kelley, W. K. Cole, Oarret Units. at all cities in March were tn excess of l $280,000,000, while In February they were 1 nearly $2fn.000.ooo, in January $2ir.,0fl0.roo nnd In Mnrch a year ago they were nearly J321.ono.fl00. In only two grours Is the totnl of bank clearings this year smaller than a year ago In March nnd theso two groupj contnln tho greater speculative centcrH of the country nnd such Important cltlca as Bos ton and Philadelphia. Western ('Men (illln. Tho decrease In New England is 13.6 per cent, whllo tho falling off In tho middle states group is 16.8 per cent. Touching this latter decrcaso It mighj. bo observed that the decreaso at New York alone Is IS per cent. Amcng tho sections showing gain tho far western cities uro prominent, with un In creaso of 12 per cent, and the western nnd southeastern cities come next with gains of of county funds. Ho wns sentenced to a term of three yeara In the penitentiary Mills was then tried on tho charge of being in accessory to tho embezzloment nnd found guilty. Although tho sum In which ho was Involved was hundreds of dollars less than that which Whitney had embezzled, tho man was sentenced to flvo years In state's prison. Ilo wnB twlco put on parole, by Coventor 1'ovnter. The pnrdon of Mills was kept elected were: S. W. land, A. O. Monson, S Ludlow. WESTERN Peoplo's ticket good majority. For license, 64 Oushee, Amos Do A. Snider and John elected against, by Veternnn nf Shllnh. SCHUYLER, Neb., April fi. (Special Tel egraw.) Veterans of Shlloh aro Schuyler's guests, city and business houses being brll- a secret bv Oovernor Poynter for political Ilant with decorations In their honor. The leasons. meeting tonigni was largely attended, nil The nDncnl of D. E. Thompson from the neing delightfully entertained. An ad- nctlon of Secretary Wilson In rejecting his dress of welcome was made by Mayor How application for water from tho Platto river aril nnd the responso by John Lett. The for irrigation nnd power purposes wns u- principal speaxcr or tne evening wn3 Thomas missed today by tbo Stato Hoard of Irrlgn- J. Majors, who was followed by Rev. C. II. Hon Mr. Thompson proposed to construct. .Miner, pastor ot tho local Presbyterian h cannl from a point near Llnwood, on tho church, Ron of nn cx-confedcrate veteran. I'latte to Fremont. wnose talk along (lie lines of why the south- rh Statn Hnnklnc board today fleslg- crncra fought was very Interesting. He nated tho Union Stato bank of Harvard a thinks the war one of tho best things that itnto depository. A bond for $30,000 was ever happened for tho south. A solo wns filed nnd approved by tho board. suug by Mrs. Miller, and there was a drill Robert E. Davis, the student who mys- given ny company k. or scnuyier. terloudv disappeared from this city Tues day night, has been located at his tiomc In Falrhury. Ho left Lincoln unexpectedly without notifying hla friends. I'ltnSIIVTHHY AT .M3IIIIASKA CITV. sitir milliliters Attend mill Olllcrrs Are Rlei'teil. NEBRASKA CITY. April r. (Special Tel- ecrnm.) Tho annual meeting of tho Ne braska presbytery of tho Presbyterian church was held hero yesterday and today. About nltv ministers were In attendance. The olllcers elected for tho ensuing year were: Dr. W. M. Hlndman of Lincoln, moderator; Hev. W. II. Parker of Tablo Rock. Rev. J. it naulsberrv of Oresham. clerks. Dr. Hlndman nnd Rev. M. C.llmore, F. R. Fra. zler nnd I. S. Tyson were ejected delegates io tho National Presbytery. Tho next meet ing will bo held In Auburn. I'lnltanioiitli Court Itlnniloseil, PLATTSMOUTH, Neb.. April 5. (Special.) After disposing of the following cases Judee Paul Jossen ndjourned district court sine die. An unusually largo amount ot business has been accomplished during the term, and all seem well pleased with tho sterllnn executive abilities of the new Jud;e In the easo of tho First National hank of Omaha against the nank ot Cass Cunty the previous verdict for plaintiff was set aside and the plaintiff was given leave to OSCEOLA At the election It was decided respectively 9.6 nnd S.7 per cent. Tho fall- by a majority of eleven that Osceola would Ing off ot 2 per cent at Chicago Is responsl bo dry this year. Tho questions decided ' bio for tho very slight Increase. 1.6 per cent, were in favor of no saloon, that electric shown by tho northwestern group. A de HghtB bo kept up by a majority of 123, anil , crease of 23 per cent at Baltimore explains tho slight gain, 4.3 per cent, reportel by tho southern cities, In splto of active cotton speculation this year. If the clearings at New York nrc ex cluded tho decrease Is only 1.5 per cent, and to heavily reduced speculation at a few cities In fact may be attributed the entire de creaso shown in March this year. Aa Illustrative of tho expansion of legiti mate biihinesB thin year over last it might bo remarked that ono out of seventeen cen tral western cities knows a decrcuse from March n year ago, only two out of fifteen from northwestern cities, only one out of eight in the southwest, only one out of lltteon in' the south and ono out ot nine In tbo far west. Ileerensp nt Siieettlntlve Centers. For the Iff quarter of tho calendar ;ear the clearings at eighty cities aggregate, $21. r.nfi, 496,060, a decreabo of 10.5 per cent from 189!, but a gain of 26.7 per cent ovor 1898, of 74.5 per cent over 1S97 nnd of 96 per cent over 1894. The responsibility for tho do creaso here, of course. Is placeablc on tho decreases shown at tho few largo Bpecula tlve centers. Outside of New York, In fact, tho total clearings actually show a gain of nearly 2 per cent. Canadian clearings for March were $120. 175,304. und for tbo first quarter $371,965, 921, decreases of respectively 9.4 and 9.1 per cent from tho same periods a year ngo. Trill n Collided nil'.i lVnunn, BRAINARD. Neb., April 5. (Special Tele gram.) Joseph Jacob, n Bohemian farmer living about three miles north of this place, started homo tonight about 6.15 o'clock, nnd when about threo blocks out of town, while crossing tho Fremont, Klkhorn & Missouri Vnlley railroad track, was struck by a south bound pnssenger train. Mr. Jacob was thrown out of tho wagon nnd badly bruised. Ho wns picked up by tho train crew an.l taken into town nnd nil that medical all could do was done. His recovery is very doubtful. Tho team was unhurt, but tho wagon was xitlrcly wrecked. against oft. motion to dlsnl overrule court adjourned until Tucsdav. Aorl l. when the following enscs will he called: 1 kiimmn.in nuiiluxt N ! ewaner: Harlan Count against Ilogsett, Flynii against llllev . St James Orphan Asylum acalnst Shelby; Finch agnlnsi Morris; Pohlman against Iohim.Vfr; Wnbaska Electric Com- tmnv iiifiilimt Wvtnnre: Itriidfnril iit?!ilimt I Anderson; Hallway Chicago. Hiirllngion Company against county; Waldron against First National Hank. Oteeliwood: Little nun nut H ate: State niralnHt Bvron: State ex rel Chrl-Uv agaltiHt Stubbs; State ex rel Smyth against Kennedy ; state ex rel I'arHer against Staley and Jenkins against State. Insured conclusively nt the valuation writ ten In the contract of Insurance ami. In case of total loss, that sum Is the measure or recover!-. 3. Under such a policy. In cne of partial loss, the actual damage Is the ineanire of teeoveri-. I. If. under a valued policy, the property insured Is totally destroyed a the result of two or more tlrei. the tneasute of re cover! for the Html lass Is the amount writ ten In the contract less amounts paid In settlement of previous losses. . After a partial lo-s under a lire policy which render the building untenable the Insured Is net guilty of a breach of the vacancy clause of the contract where he permits the property to remain unoccupied pending the period during which the In KUter Is authorized to cxen ise Its option to len.ilr the damaged building. i!. There In nothing In the constitution of the United States or of this state, which forbids classltlcallon of subjects for the purpose of legislation. The power to class ifs Is subject to the limitation that the t lasslllcatlon must be arbitrary. 7. The provision of section II of the valued unllcv law iscc IV c!i. n Hit. Collin. St. Iv.l.ll A tjulncv permitting the taxation as costs of a rea- llltcncoeK i Konable attorney's fee ution tendering the DON'T NEGLECT YOUR KIDNEYS They Are the Most Important Or gans of the Body. To Test for Yourself the Wonderful Curative Prop erties of Swamp-Root, the Great Kidney Reme dy, Every Reader of the "Bccv May Have a Sample Bottle Sent Absolutely Free by Mail. Judgment against an Insurance company on a contract Insuring teal estate Is grounded en considerations of public pulley nnd Is constitutional. Accident In n lluuimny, NORTH I'LATTE. Neb., April ,r.-(Ppe-clal.) Former County Clerk Nowell Burrltt was In town yesterday nnd started to drive homo this morning when, out about two nl!en from town, his horse became fright ened and ran away. Ho was thrown from tho buggy nnd his head struck against a post, Inflicting a cut about six Inchc long In tho scalp, which rendered him unconscious for several hours. He, was found in nn unconscious condition by a man coming to town, who brought him here. An Honest .Metllelne for l.n tirlppe. Ocorgo V. Waltt of South Gardiner, Me., says: "1 have had tho worst cough, cold, chills and grip and have taken lott of trash of no account but profit to tho vendor. Chamberlain's Cough Remedy Is tho only thing that has done any gODd whatever. I h.ivo used ono bottle cf It and the chills, cold and grip have all left me. I congratu late tho manufacturers of an honct medicine." SOUTH DAKOTA MICA INDUSTRY Veil I'riii'fM of Spllclnir Small I'leecu of (iri'itt Importance to the lllnek IIIIIn. Condition of Wnterionn Heller. OSCEOLA. Neb., April . (Special.) I'rnf. R. W. Waterman was brought to this town after his Injury nnd Is now receiving tt.n haat nt mndlpnl eL'lll and thn rnr, nf amend Its petition oy inicnineuwon. mm uw tnp Mo0(,rn Woodmen of America, of which defendant given mtrty nays in wnn.ii iu w (8 a mrml).r. Tho jUry wns received answer. Harriet M. Eaton against Ell Eaton was HYOMEI" last Friday evening In a runaway. He Is onlv conscious for a few minute at a time. His physician has strong hopes of his com- ' process means pleto recovery. The father of Mr. Water man Is postmaster at Beaver Crossing. County MortKnme Heenrtl. NELSON. Neb., April 3. (Special.) Tho following la tho mortgage record for Nuck olls county for the month of Mnrch' Nine farm mortgages filed, nntonnt, $30,0b!t.ol; twenty-one released, amount. $21,953; nine ctv and town mortgages filed, amount, 772 51. five released, amount, $53,290.02; 12 battel mortgages filed, amount, $5J,290.02, 211 released, amount, $37,506.71. OEADWOOl), S. I).. April n.-(Spcclal.) Tho shipping of rnilca from Custer county, in the southern Black Hills, has now te.ome a permanent Industry. Last week 300 tons of mica were shipped to Valparaiso, Ind , by tho Chicago Mica company. At this place this company has a large plant whnro a new process has recently been put Into prnrtice of splicing small pisces of mica together and making large sheets. This n great deal to tne uncK Utile. Tho smnll plete3 of mica are pur chased by this company for about $10 per ton. They are rut into uniform sizes and aro then pastel togebber with a fireproof cement. Tho sheet Is then subjected to a heavy pressure, after which It Is passed through nn Intenso heat. Most nny size of theet can bo manufactured In this way and It Is state 1 that n mica leaf thus made Is equal to H leaf of the same slz3 taken dl rectly from the mine. This company of Chicago will tako from 100 to 300 tons of mica from Custer county every month The first mica shipped from tho Bla.'k Hills wns In 1S7S, during the great gold excitement. For a time thero was a pros pect that the southern Black Hills at least would become a mica Instead of a gold coun try. It crit at that time. 11 cents per pound to gel the mica out of the hills ns . far ns Chcyenno by stage, and there was an I additional eon of considerable to get It to r.vutiuellxts Iti Nc!rnkn. I tho eastern oompnnles. yet mlr.i mining was TABLE ROCK, Neb., April 5. (Special ) ' very prclltably carried on In thoso early Rev. C. H St. John nnd his wife. Rev. days. Owing to the cofl or -mining ami Eugenia F. St. John, the fnnirus evangelists Bhlpplng It then only the largest "books" from Kansas City, delivered gospel ad- wire handled. Some of tfce early mines dresses on the subjeot ot temperance tn a produced books as largo ns two feet square. rrowded house at tho McthodUst church hero A great quantity of small-sized sheets were last evening. thrown away and these old dumps are now I about to become of value owing to the Chl 1 cago company's process cf cementing tho small pieces together l.oilKe IIiiIiIk Open llniixe, CENEVA, Neb.. April 5. (Spo:lal.) Last night the Ancient Order of United Workmen bi.l nn open meeting find Captain W. C. Henry talked of the brntilts of thn order. Several miihlcal selivt'ons weio lende'ed land MUs Maud Harnett delivered "Sworn Off." the prlzs rtvitallon. Supreme Court Syllnlil. Mcflellantl against Citizens' Bank. Error ntZ twntn nn.ml.id r.llt.lv ln...n.l V-....t . I"1"1- ....... I'l'iihinr v ..... j . ... .viiii. t-yyt . ,tii, f. .1. A contract whereby one ngrees to not bid at a chattel mortgage sale Is contrary to public policy and a note given In pursuance of such contract Is unenforceable. Cook against Westchester File Insurance Company. Appeal from Washington county. Atllrmed. Sullivan. J. 1. A contract of Insurance which docs not express the real Intention of the parties thereto may be reformed. 2. Evidence examined and found tn sus tain a finding that the inviirer Intended to deliver an effective contract Insuring the owner of the building described in the policy. iietkln agnlnst Tletkln. Appeal from Otoe county. Ilolcomb, .1. Evidence examined and found to support the decree of the trial court granting a di vorce from the bonds of matrimony on the ground of extreme cruelty practiced by the husband toward the wife. Held, nlso. that tho evidence supports the Judgement ren dered awarding the wife permanent ali mony In the sum of Sl.doa, Henderson against South Omaha Appeal from Douglas county. Atllrmed. Sullivan J. The presentation to the ilty authorities of a city of the first class having less than 25.0HO Inhabitants of a petition signed by persons owning a majority" of the front feet of tho lots abutting uport the portion of tho street to be Improved Is a Jurisdic tional prerequisite to authorize such eitv by ordinance to eliargc tho, entire cost of paving such street against property ubut ting thereon. ' State ex rel Dlekln.-oo I'aper Company against Scott. Manda-Jis, Writ denied. Norvnl. C. J. T;,;- 1. An order directing a. .ecelver of nn In solvent firm to sell assets other than real estate Is not suporsedeable as a matter of tight. 2. Mandamus will not He to control the discretion of a eourt ns to the nllovvnin e of supersedeas resting In Its discretion. Frenzer airalnst Hlchards. Atllrmed. Er ror from Douglas county. Sullivan, J. 1. An assignment of error directed against a group of Instructions will be considered uo further than to ascertain that one of i the instructions complained of was properly I given. 2. Where error In the giving of lnstrtic- J tlnns is not so assigned that it can be re viewed a verdict In accord with such in structions must lie permitted to stand. 3. A borrower under an usurious contract who pledged property ni security for the loan and who has paid or tendered thn principal of the loan Is entitled to the pos session of the property pledged divested of tho lien. Woolworth against Parker. Appeal from Lancaster county. Afllrmed. Ilolcomb, .1. Objections were entered nnd motion made to vacate and set aside an appraisement of real property lit foreclosure proceedings of a real mortgace for the reasons tlut the appraisement wns obviously below the ac tum value or tne property; tnat the ap praisement was fraudiilvnt In Itself nnd tnat to permit tne appraisement to stand would work nn nutu.il fraud on tho de fendant. Similar ob ectlons were mnde to confirmation of sale Evidence examined and held that the appraisement was not n low ns to be presumptive y frnudti lent. Hold, further that the appraisement mnde Is not matetlally disproportionate to the actual market value of the property and no sutl'.clent cause exists to justify Its vaca tion or being set aside. I late against Murphy. Error from Lin coln county Atllrmed. Sullivan. J. 1. The purix'se of the registry law Is to furnish record evidence of tho stato and ccmlttion of land titles. There Is no law requiring or authoriz ing the registration of personal contracts to pay debts. 3. An nsrreement to Pay n debt, although evidenced by a recorded Instrument, is not (oncluslvo. in fnvor or a party who. in pur chasing a Hen ngalnst property, has acted on tho ralth or tne record. 4. The erantee in a deed containing an as sumption clause Is not estnppeel from deny ing the validity of thn contract of assump tion as against a party who, relying on the recitals In the instrument as spread upon the public records, purchased tho debt se cured by a mortgage on the land. Welsh ngnlnst State. Error from Holt county. Atllrmed. Norval, ('. J. Application for change of venue, or a con tinuance It addressed to the sound discre tion of the court, nnd lis ruling thereon will pot be disturbed where no abuso ot discretion Is disclosed. 2. Whenever at any general or medal term of the district court, for any cause, thern Is no panel of petit Jurors the court mav. under section (M of I Tip. Code of Civil Procedure, direct the sheriff to summon persons having the qualifications of Jurors to ap mm r and serve as petit Jurors. 3. In a i)ro--eouton for rape It compe tent for the state to prove that the prose- llenvj- Snow Mortii in Oenver. DF.N'VER. Anrll o. Snow has been fall- Inr all over the state nf Colorado for the twenty-four nours. rne warm weather make;, the snow so soft that It ellngn to trees and electric wires, breaking them down. Much trouble has been experi enced In this city. Telephone, light nnd trolley who nre down In vnilous parts ot the city, inunv telegraph atnl long-dlstancn telephone lines have been disabled. The street cars nre stopped on many lines In this city P 1 L' 'n i J 1 Trouble n ml Veier suspeet It. I ml In nn ml In Ciirpenters Out, INDIANAPOLIS. April 5. The union carpenters quit work today, causing a sus pension of work on buildings where union carpenters are employed. Some of the contractors have been paying the scale, but the men declare they will not work until the contractors all come to the terms askcil by the unions. A committee was appointed today to nr range for n conference with the con tractors. About ion men are out. Dock Trial of ttnfinliiii Cruiser. PHILADELPHIA. Apt II 3.-The Russian erulfer Varlag. which Is Hearing completion at Cramp's ship yard, was given a private dock trial yesterday, the test eiTiitltinlng the greater" part of the day. The pirt engine was sel In motion and operated satisfactorily. The commission of Russian naval otlidals under whose dlrect'on the war fhlp Is being bunt e pressed them selves as pleased with the trial. Iln I'nllli In KmiNiiN City. CIIH'AOO, April 6. Secretary Walsh of thn democratic natlona committee said to day that he had every confidence that Kniv sas City would be able to furnish a sultnhlt ! meeting place for the national convention "i cannot sneaK tor tne committee. ne raid, "but personally I am satlslled that Kansas City wdl meet the emergency and that tho convention will be held there Juli- I." ThiiiiNiim! of Women llttve Klilne) Is that great human engine, which dc- cides the health of every man and woman, working properly? Am symptom llko tho following edarlng you In the face every day. Weak, sluggish circulation. Puffy or dark circles under the eyes, Sallow, yellow, unhealthy complexion. I'rlno rloudy, mllk-llko or stringy; dark In color or offensive. Painful, scalding sensation In passing It. Dull, heavy headaches, dizzy, tired feeling. faint spells, irregular heart. Obllgod In go often during tho day, and to get up tunny times at night. Pain or dull nche In the back. Feeling of oppression and apprehension. Restless. Irritable mid hard lo please. All fagged out, run dowli. sleepless nights and discouraged. If you havo nny of these symptoms, take the advice of ono who has made a life study of Just Mich diseases and look well to your self, because you have kidney trouble. If your uiino when allowed to remain tin disturbed In a glarn or bottlo for twenty Tour hours, forms a sediment or settling or has a cloudy appearance. It Is evidenre that your kidneys need ImmeJIate attention. Brlght's dKease. which Is destroying moro human liven than any other dlscai-e. may be stealing upon 5011. Tho symptoms you havo noticed are the danger signals nature sets to show that tho track of health Is not clear. Take Swamp-Root, the famous new dis covery,' whose fame' Is' being heralded by grateful men and women, saved from un timely grave by Its Immediate, nnd mm velous power over iIIsciscb of the kidneys and bladder. Espi'dally In cases of Blight's disease M Swump-Root winning new friends every hour. Swamp-Root succeeds becauso It cures. Every man nnd woman, no matter how healthy nnd vigorous, would profit by tnk'n Swamp-Root every now ami then as a pre vcntlve. and thus absolutely forestall kidney and bladder troublis. Swamp-Root Is the wonderful dlscoverv of tho emlnrnt kidney specialist. Dr. Kll mer. nnd Is used In the leading hcnplial. recommended by hklllful physicians In their private- practice, nnd Is taken by doctors themselves who havo kidney aliments, be cause they recognize In It the greatest nnd most succcFsfnl remedy that medical science has ever been able to compound. If you havo the slightest Hymptom of kid ney or bladder trouble, or If thero Is a trace of It In your family history, send nt onco to Dr. Kilmer & Co.. Blnghnmton. N. Y . who will gladly send you freo by mall Im mediately, without cost to you, a sampln boltle of Swamp-Root anil a book of won derful Swamp-Root trntlmonlals. Be sum tn say that you read this generous olfer In the Omaha Morning Bee. If you aro already convinced thnt Swamp Root Is what you need, you can purchase thn regular fifty-rent and one-dollar slzi bottles nt drug stores. Don't make any mis take, but remember the name, Swamp-Root, Dr. Kilmer's Swamp-Root. FORECAST OF THE WEATHER Showers I'rnlletetl for Toiltiy Sntur lny to He I'nlr lvltlt Vari able W'lnil. WASHINGTON. April 5. Forecast for Friday and Saturday: For Nebraska Showers Friday; Saturday fair; varlablo winds. For lown nnd Missouri Showers Friday and Friday night; clearing Saturday; south easterly winds. " For South Dakota Fair Friday and prob ahly Saturday: southerly winds. For Kansas Showers Friday; Saturday fair; vnrlublo winds. For Wyoming Fair Friday, with warmer In southeast portion; Saturday fnlr; vari able winds. latent Iteeoril. OFFICE OF THE WEATHER IU'REAIT. OMAHA, April B.-Olllclal lecord of tem perature ami precipitation, compared with the corresponding day of he last three years: JD'.tl. IV.' I. 40 M 1901. 1 1 . 69 .. Sfi 31 . 52 37 . .00 .01 31 .On Maximum temperature Minimum temperature. Average temperature.. Precipitation Record of temperature and precipitation at Omaha for this day anil since March 1, 1900: Normal for the day It Excess for thn day 3 Excess since March 1 3i Normal rainfall for the day "9 Inch Deficiency for the day 09 Inch Total precipitation since March 1.1.50 Inches Dellcleney since March 1 11 Inch Deficiency for cor. period, 1S99 1.11 Inches Dellcleney for cor. period, isss 31 Inch lteporln from Millions nt rt p. in. si'HciAi.ivr.s ''nn nisi: vsr.s of yv. m wovmx. references; Office Hours: Host Hunk and Leading Huslucss of Omaha. s a. m. to R p. m. Sundays, 10 to 1 If you hnvc been trcatiiiR with other and less a hie and skillful doctors, or have been using quack remedies at so much a buttle, do not be discouraged and lose hope of ever being cured. Call and have a talk with the specialists of the State l'leetro.. Medical Institute, who gmirantee a cure in every case accepted. They will explain to you their method of combined Iilectro medical treatment and why it is that they cure when all others fail. Call today it maybe the means of saving your life. MADinnnCI C and Hydrocele treated with VAnlOUuLLL never falling success. Cured bv their now method without knlft, truss or detrn- RUPTURE STATIONS AND STATE OF WEATHlEIl, 2 " P 02 it 5 S3 2 Et 3 Omaha, partly cloudy North Platte, partly cloudy. Salt Iike, cloudy Cheyenne, cloudy Rapid city, cloudy Huron, partly cloudy Wllllston. dear Chicago, partly cloudy Si. I, mils, clear , St. Paul, cloudy. KILLS THE GERMS. Ten .Minutes Four Times a Day .ill euro Cnturrh, UrunohitlB and Asthma Ten .Minutes Every Hour will euro Consumption nntl I'noumonia. Ten .Minutes at Bedtime will euro a Cold or Croup. Five .Minutes at auv Time will euro a Cougii. Your Money Refunded if it Fails. II YOMKI u the only Oormletde which can be. Inhaled it can be used while at work. In the church, at the theatre, or In street cars. Contnlm no poisonous compounds r dnngerous chemicals. Sold by all druggists or sent by mall. Comalote Outfit J1.00. Trial Outllt. 25c. Bend for five days' treatment tr, THE It. T, UOOTJl CO., Ithc. N, I, District Court nt I'onen. I'ONCA. Neb.. April B. (Special.) Dis trict court convened here .prll .'. wiin Judge droves on tho bench. Tho first case rnlli l. and the mcst important case on tho docket, was that of the State of Nebraska t against Charles O. Williams, charged with , statutory rape. There nre a dozen or more old dumps In tho county which are eovcrc.l with hundreds of tons of smnll books of mica, which Is now worth 10 per ton Thero aro a goo.l many mica mines in the county as yet unworked, which will turn out bnoks two feet square. This size Is worth I1nvrnnnrl clear iiitrlx made complaint of the Injury to Helena, clear ... others recently after the commission or the . Kansas cits, clear.. allejct ortensc I. 'Ihe illnwing of leading questions to bo put 1" .i witness rests In Hi.- sound discre tion ,.f the court n It l nut error to assume In nn Instruc tion th" existence of a inlluteral fact es tali.thcd by uncoiitrov erted i v den. e and fit r,l Ml 2: nr, fiii, si! rai r.v 5s t.f.i til llav re b-ar Ilisinan k. i lear ' fil Clnlveston. clear til WEAK, NERVOUS MEN WJ; weak organs, shattered nervous system, cnoanil ! overwork, excesses or self-abuse resulting In weakness of body and brain. (on front work -a pnlnless, sure and pet night emissions, pisses III the tirlne. Im maueiit cure potency, dizziness. taiiiUB iiieinorj , ikck in confidence and ambition; pains in the back, loins and Jildnevs. and other dliliesslng symptoms, unfitting one for business or pleasure. Our special system of tteatmeiit vvlll euro vnr, restore your physical ami sexual health and mnke von once more a man among menno matter who or what has fnllod. CONTAGIOUS BLOOD POISON fill, .0-1 I'.SI .ft) 00 .00 l,S M .0o .rt .no I .il en 10 T lndicntc trace of preelpli itlnn i, a w ni.sn, Local Kire. list Otlb lal Clnlmniits for Dail- I'roperts. ,$10 to I5 per pounu. ntnaii hooks, mrrr ! PlTl'SHI'ltO. April 3. -Two more, claim-1 and four Inches square, will bring about SO Innts t the property left by JiiarlrH 1, , cntH .,cr pound. lUvis lAlvin .lohllni have turned no and It I 1 ih i-ald they will contest the will, which I . ii11ii1.r ' bequeaths the bulk of the estate to .Mrs. Pierre 1 nlnters I Margaret Shrlver Simpson of Detroit. The PlKRRK. S. I).. April ,r..-(SpeMal Tele- new cinim mis are .iri. r.niinn i e-jMin ' cr.im.) The republican county central com- r Qh.l,lnn VV'vr, nm .In n r. h I ne 1 . . ... . mtttee. at its meeting last nignt. set June lit as tho dato for holding the primaries in this counly for Bclo-Mion of a county ticket. The wolf bounty case. whU'h comes up on an appeal from Judge licorge of the Eighth circuit, Is being nrgucd in the supreme court today An early decision is hopel for , by the state auditor, that be may Usue tvivla ,if Sheridan. Wvo.. mill (Inuchter Mrs. Kmmn Hetmont of New 'Vork. A .Sew Vork Attorney here now making an in vestigation says '.ie can prove that iiivls wn married to Ills client nt hssex Market police lourt New Vork, on May 15. 1S70. DavK It Is alleged, deserted her a year Inter and shortly thereafter the daughter was born Tbo amount to be distributed under the will after the payment of all detHB Is about t-&,000. SCROFULA iB n Wood taint; tho blood boing full of poisonous mutter becomes weak and sluRnish, and fails to nourish and sustain tho body. S, S. S. is the only remedy that strengthens and adds new life to the blood -that makes Iho Diooo pure, hironj; aim healthy. Nothing but S. S, S. can reach deep wntod blood diseases. 4u nij Berofiila makes cripples and lifelong suf Ouro mo UlOOU f(,rorri uiPSS treated promptly and with the Cure tho Disease rjiltl remedy. S. S. S. is made of roots and herbs, and is perfectly harmless. .1. M. Heals, lift Public Sqium, Nashville, Tenn., navs: "Ten years ago my diuiRhtcr fell und cut her forehead. From this wound the clruids on the sidoof her face became swollen and bursted. Home of the bet doctors hero and elHewliero attended her without any heneiit. we iieciaeu in trv K. S, H and a few bottles cured her entirely." -' , i i en.!., -r-v: CTflU A P U Catarrh, ulceration nnd djs OlUmHuil pepsin. Indigestion, weakness, pain, fullness after eating, heartburn, etc. DUCIIMATIOM Relieved In n few mln nntUmMllom nates and utterly routed In n few das HATAQQU Positively cured. , uniniiuii ALL SKIN DISEASES X. ncvor 10 Syphilis anil all diseases of the 'lon,l n AnnCf AN.) URINARY Troubles promptly and thoroughly eureil and every DLHUULiI Hill) UnHlHllI treated sue- ttnee fif pnixnn eradicated from the system eessfullj'. forever, restoring health nnd purltv. iniro All troubles peculiar lo your fp nniWAWC niCCACCC Onnnrrhoeu nnd LHUlLO most successfully treated nnl rnlVAVt UlotAoto and the worst promptly cured by this combined Klectro- eases of Stricture and Gleet promptly and Meillcal Treatment without pain or opera- permanently cured. tlon. , OUR S. E. M, I. ELECTRIC APPLIANCES manufactured. Satisfactory results rjr.vn NTKK! I" every Instance Cull and examine FltKK OF CHAROh; or wrlto for further particulars beforo purchasing u.niit: If you cannot call at the rifll-e. fully describing your symptoms nnd you YYnllt will lecelvo In a plain envelrme n scientific aid honest opinion of your easo nnd a book of valuable Information fieo of thnrge. Write for n "Guide to Health 1 today. State Electro-Medical Institute. Permanently I.nenteil, lltOS I'nriinni St., near llllli, tliiinlin, .-veil. The Only Klectro Medb al Institute. In Nebrnska. 1 FRAIL WOMEN As well as men can find no tonu no healthful as a pure bcor, lie suro you get the pine kind. Krug Cabinet Bottled Beer is hermetically sealed then boiled wliuli nsme It to bo free from baUeria quite essen tial for frail K-ople. Order a trial use. FRED KUUfl llRfiWINO CO OMUIA, .-lEBKASKA. I'houo 120. All Ray and All Night Elevator Service The elevntorH In TIJK HKK III 1 1,1)1 N J run twenty four hours lu the tiny nnd hcvpii ilnjH In tho week. That Is one reason why tho best jiliYKlclniiH In Oiualiii uru Io cnted In The Bee Building Mlit or Sunday ulllre hours cause no Inconvenience to jmtronn. Think of that and then look at rooms In the HKK lU IIJMNO. Wo will be pleased to show you. R. C. Peters & Co., ItllVI AI, AtJIJVI'S, (iitot i) I'l.oon, Mini uMi.ni.vo. IMH'l'Tt SAMIAI.WOOII CAI'SI I ICS, Cure Gonorrhoea. Gleet, unnattirul dls thurgis in a few days. All druggists, a. ept only Docuiii. ny man nw, inn ouecuuiiB "Write for book on Blood and Skin Diseases. S. S. B. Co., Atlanta, Ga. I dp k & co.,'i33 centre st ,' New York. 1IOWKIJS Anti-Kawf Cures when ill others fall. I'rompl in action. Unto unl ur. Try It, tin.