THE OMAIIA DAILY BEE: TITITHSDAY, JUXE 13, 1901.
IUSEUM OF LIVING TREES
'A Thins; ef Bianty and a Joy ToreTif"
Cimpletad in Boston.
SUPREME COURT SYLLABI
MOST NOTABLE PARK IN THE WORLD
SrlAln null lle r ltiinriit of I In- Arnolil
Arboretum Si-1 cut I He A rrn lini
ment ' Tree mill
Shrubbery.
The completion this sprint; of the Arnold
Arboretum an a pari of tho system of parks
which filrdlcs the city of Boston, says a
writer In the New York Tribune, calls at
tention to the most notable museum of liv
ing trees In tho United States and one of
tho most notable to be found nnywhero in
the world. It Is doubtful It there Is an In
itiation In the country of so much general
value concerning which thero Is so Uttla
popular knowledge. A mere list of tho un
dertakings which have originated In the
arboretum and havo been carried to com
pletion under Its director, Charles S. Sar
Kent, Is sufficient.-to etlr tho enthusiasm of
tree lover everywhere. Twcnty-flvo soars
ago, it has well been salil, knowledge of
the characters, geographical distribution tnl
economic and horticultural value of tho
trees of North America was fragmentary
and mostly beyond tho reach of students.
Many of our trees wcro entirely unknown
even to botanists, and only tho vaguest
and moat unsatisfactory Information could
be obtained about many othera.
Now, as a result of tho work dono at tho
Arnold ArLorctum, It may bo fairly raid that
thn trees of no other continent havo loen so
carefully studied or nro so v.'cll known
The result of thin study Is embodied In Mr.
Sargent's monumental "SUvr of North
America," begun nt the nrborotura In 1SS3,
ind now approaching completion In fourteen
great quarto volumes a work which, In this
country, ut all uveuts, may bo compared,
for originality of research In tho widest
area, ns well as for typographical splendor.
only with such a classic In another field
as Audubon's "nirds of North America.'
Nor Is thU by any racnns nil. Tho trees
of Jnnan have been a specialty of tho ar
boretum, resulting In tho publication of tho
"Forest Flora of Japan" only less Impor
tant than tho "Sllva."
Love of Horticulture.
The arborotum la a department of Har
vard university. It Is nn outgrowth, In n
way, of tho lovo of horticulture which has
made eastern Massachusetts, In aplto of
many difficulties of cllmato and soil, tho
garden of tho United States. Tho lmmo
dlate foundation of tho arboretum Is duo,
however, to James Arnold, a wealthy citi
zen of New Bedford, n lover of gardens nnd
trees, who left to Ihreo trustees tho sum ot
$100,000 to promoto horticulture and agrl
culture. One of tho trustees named In Mr,
Arnold's will was the lato George I). Enter
son, n well knownbotantst, and the author
of "Trees find snruM or Massachusetts.
At Mr. Eraorson'B suggestion tho Arnold
fund was offered to Harvard to establish
tho Arnold professorship of arboriculture,
The offer was gladly accepted, Mr. bar
cent, who had been In chargo of tho Hnr
vard Botanic garden, In Cambridge, wns
appointed first Arnold professor, and the
beginnings of the arborotum, as tho lauora
tory of such a department, in which every
treo capable of standing tlie cllmnto ot
New England should bo grown, soon 101
lowed. Curiously enough, however, th
Arnold fund Increased by accumulation of
Interest to $150.000 has remained tho sol
endowment of chair nnd museum allko; so
that, remarkable as tho work of tho ar
boretum haa been, It Is all the- morq re
markable ns a monument to tho Bclf-sao
rlflclng labors of those who havo conducted
It. A building to contain n museum ot
woods, tho rcmarknblo library probably
the best on tho subject of trees In tht,
world and tho unrivalled herbarium
woody nlants has been given to II. H
Hunnowell; tho Massachusetts Society for
Promoting Agriculture tho oldest organl
latlon of the kind In America, It may bo
noted has contributed nn annual grnnt
during tho last few years, of $2,500; but
bevond thla tho strictly scientific work hns
been maintained nt the expense of a little
handful of lovera ot trees whom Mr. bar
gent has been able personally to interest
A I.lnk f llntin' rnrkn.
The agreement between Harvard, acting
for the arborotum", and tho city ot Boston
has, however, put tho arboretum, In many
ways. In n position of unique inciepcnacnce,
The arboretum Is, bb has been said, a link
In the Boston park Bystcm, while remain
Ing under the scientific control of tho unl
verslty. To secure this condition per
mancntly the city took the required land
'forae 225 acres tho larger part ot which
was owned by tho Harvard agricultural
school, the Uusscy institution by right of
eminent domain, immediately lcaslug back
tho whole to the university, with tho ox
ceptlon of the land nocessary for public
drives nnd walks, for the consideration o
$1 and the terra of 909 years, under a
agreement calling upon tho city to build
and maintain the roads and police the
grounds, and upon the university to con
tlnue the arboretum as an open space for
the development of trees nnd shrubs until
the expiration ot tho lease In tho thlr
tleth century.
Entering by any one of tbo great gates
which tho city has erected at tho vnrloua
entrances, a casual visitor would be long
Id discovering that ho was not In n pa'k
of the usual American typo, however un
usual In the perfection of its detail. Tho
words museum ana arboretum seem Incon
gruous. Much of this tccmlngly natural
beauty is due to Frederick Law Olmsted,
the designer of tho Boston -parks, ns of
Central park In New Yorki Prospect park
in Brooklyn, Golden Gate park In San Fran
cisco, the World's Fair grounds In Chi
cago and the site ot Stanford university at
Palo Alto.
Sclent I III) ArraiiKomeiit.
Tho scientific arrangement, beginning
with the magnolias and ending with tbo
conifers, is prctcnt, but it Is never ob
trusive. The larches, nshes, mulberries,
oaks, tupelos, elms, hornbeams, yews, catnl
pas, beechrs, firs or chestnuts to name a
scattering few out of a total of over sixty
genera are all brought down to the road
for the rujoyment of those who walk or
ride, but It Is left to tfio botanist, tho land
scape architect or tho horticulturist to dis
cover In each group tho systematic planting
of species after species and variety after
varloty In tho order of their occurrence re
spectively In North America, In Europe and
In Asln, each specimen labeled and re
corded In tho most elaborate cataloguo of
living trees ever undertaken. Hut the
crowning featuro 'of the arboretum is, In
deed, an entirely natural glory the Hem
Jock Gorge, whkl. one reaches from tho
southeast gate. The cool, full grown hem
lock cover a little hill, from which they
descend to tho brook which has eaten out
the rlvlne that cuts Its base. There are
thousands in all, many of them equal to the
finest examples In the wlldcrners itself, and
Joining In a solemnity of shade that trans-
Torts tbo visitor far from all contagion of
the city. It Is, Indeed, a bit of primeval
forest, untouched by ax and unharmed by
fire since the beginning. That It should
urvlvo In tbe midst of a great American
city to become a part of n modern forest
museum Is something that seems too good
almost to be true. It is small wonder that
the director of the nrboretum Is prouder of
tills than of anything else he baa to show,
Nu 9,41. Omaha 1intt niiit r.- t com
p.un. i"unty of Doitglnx Krror, Douglas.
Alltimtd Otilnlon bv llolcotnli. J.
1 N'nmtnnl rinmnirr. nf tin! rerovernble
In nu iii-tlon ncnlnst a county for damage
alleged to hnvc been sustained by reason
r tne giaiitnir of n street adjacent to tns
property of tne owner on the theory thnt
no lio.ini or i oumy Lomrnissioncrs wcro
rulltv of ii breach nf official lutv to tho
plaintiff In not serving notice and hnvltn?
n assessment or Damage sustained nun
pedal benefit received In the mnnner
rovuien tiy statute.
2. The determination of the competency
f witnesses to testify ns to their opinion
f the vnlun of mil pstnte. which it the
ubjeet of controversy, rests largely In the
llscrotlon of the trial court and a ruling
thereon will not be disturbed on review
xcent when c ear v erroneous as a matter
of law.
3. An Instruction renuested 1V one or tne
parties not based on the evidence nor perti
nent to tho Issue to be decided by tho
Jury la properly refused.
4. A written statement of n wltnes, In
consistent with nnd contradictory to bis
testimony, orrereti ror me purpose or nn
peachmrnt. Is not ndmlsslhle utiles & the
witness' attention lias been culled thereto
with reasonable certainty, nor until prop-
riy authenticated, it not admitted, by tne
witness.
N6. 9.HS. Ilovd ncn nst Mu v hi . Appeal.
Douglas. Affirmed. Opinion by Nnrval,
C. J.
1. A find I nc of fact based unon sufficient
competent evldenrc will bo sustained nn
review, although the evidence Is conflicting
and would have upheld a contrnry finding.
2. Insanity ot the obligor at the time the
contract whs entered into Ik a gn.I defense
to an action thereon, although no advantage
umh ttuceti of nun by the unilgee,
No. 9.Gj. (Jrniul Island .fc W. (.'. Hallrond
company against County of Dawes. Appeal,
i lawns, Ainrmcd. Lnmmissioncrs opinion,
lepnriment rsa. l. opinion oy uny. c
1. When countv commissioners have made
a levy of 9 mills for general fund purposes
they Have no further power to levy an
additional tax for payment or outstanding
warrants previously Issued agnlnst tbe gen
eral fund In excess of the statutory limit,
unless nuthorizeu by n. vote or tne people
of tho county.
When n tnx la void that Is when thero
Is no tnx which tho plaintiff Is in equity
bound to nay. he may invoke the nld of n
court of equity to protect his rights by an
ltiiiinctinn. tiotwiinsmiHiinir Hcciion 141
rhanter lxxvtl. article I. Comnlleil Statutes, '
Hellcvuo improvement ootnpany against
Village of DclleviK!, 3J Neb., 677; Touztilln
ngninst t-uy or umana, n iscu., tin, roi
lowoa.
No. 0.1T7. Tucker ncnlnst Drnncr. Error.
Lancaster, itevcrscu. uommissionors opin
ion, iiepartmcni no. i. opinion ny cag
wick. C.
1. Ono who goes upon the premises of
another, bv express or implied Invitation
of tho owner, may recover damages for
an Injury caused by a failure on tbe pnrt
of such owner to keen tho premises In a
reasonably snro condition.
2. In nn action by an udmlnlstrntor to
recover nnmageii ror tno ucnin or iiih intcs
tate under chapter xxl, Compiled statutes,
tbo petition must show a pecuniary Injury
to tho widow or next of kin, but an against
a general demurrer It Is nurrtclont In that
regard to al euo that "bv reason or tne
death of tho Intestate and the loss of the
service and society and fellowship of the
snld Intestate tho plaintiff has been dam
aged In the sum of $3,000."
a. in such action, unless tho facts are
undisputed nnd nro of such a naturo thnt
ordinary minds would not differ In their
judgment or tnom, the question of negu
kciicii must un fuuimmnti to ins mry.
i. KvIdCnco examined und found sulllclent
to warrant tho trial court In submitting the
question or ncgilgunca to tho jury.
5. In such action for the dpnth nf n. child
tho father as administrator being plaintiff,
it is error to instruct tno jury that coii'
tnuuiory negugonco or tno ratner is no oc
fnnse.
rso. 3.472. Medium! ncnlnst sahlrutor. An
peal. Douclas. Reversed with directions,
Commissioner's opinion. Department No. 1,
uninion dv naniinus. u.
1. "Where tho record discloses that thero
has been nn attempted tax sale nnd n pay
ment In good faith by the purchaser of
taxes, nomo of which nt all events nro a
valid chnriro ncnlnst the lnn. tnn nur-
ehascr Is entitled to foreclose his Hen for
so much of tho tax nnd Interest ns Is ac-
tuniiy tun;.
ro. 3.478. Ulrclibertr Ontlenl comnany
ngainst .Micnnclson. Krror. unli. Altlrmen,
uommissioner s opinion. Department no. 3.
upinion ny uuiiie, u.
i. r raud cannot nn nrenirateci unnn renre
sentatlons thnt tho goods concerning which
they wero madn possessed qualities known
to bo contrnry to natural laws.
jviqenco examined and held sumeieni
to Miiiport tho verdict of tbo Jurv that a
resclslon of the contract had boon hnd.
3. It la not error for tho court to Instruct
tho Jury that they should reconcile any and
all apparently conflicting statements of tho
witnesses nnu, ir possible, to adduce from
tho evidence nny theory of the case which
will harmonize tho testimony of all tho
witnesses, thnt It would bo their duty to
adopt thnt theory rather thnn una which
would require them to reject nny of the
iiniiiiumy as inicniionniiy mine,
No, D.496. Montgomery ngninst "Wnlte,
Appeal, Dawes. .Reversed. Commlss oner
opinion, department No. 1. Opinion by
Klrkpatrick, C
1. "Whew tho mortgage debt hns been
assigned, a purennser in good rolth. with
out nottco of tho assignment, will ho nro
tected by a rclenpe of the mortgage exc
outcd by the original mortgngo." Whip
Pie ngninst Fowler. 4t Neb.. 675.
No. 9,572. Largo & Amden Co, against
oii. . .error, linn. Amrmea. commis
jioners opinion department .No. 1. Opinio
by Klrknntrlck. C.
1. Tho parties to a Judgment, or their
privies, can mono prosecute appeal or po
iltlon in error
2. A petition In error will bo dismissed
where It Is presented by ono who has no
Interest In tho controversy, nnd against
muu no juiiKmeni nns neon entered, ii,
& M. R. It. Co. im-ulnst Martin. 47 Neb.. B6.
S. A mortgagee who hns brought suit
on his claim, nttached goods and garnished
ucuiurs, ana wno, in consideration or thi
giving or the mortgage, dismisses his at
tnehment nnd garnishment proceedings
and iinys the costs. It not chargeable with
notice. Is n bona tide purchaser ror value
or tho mortgaged goods as against the
veudor or the goods who seeks to rescind
mu Kuia on account or iraua.
No. 9,610. Smith against White. Error,
"uBis. jtevcraeo. commissioners opin
ion department No. 1. Opinion by Kirk
Patrick. C.
l. in an nctlon of ejectment a receiver
will not bo appointed to take charge of the
property nnd to collect rents und protlts
In nn nctln of ejectment, whero plain
tiff claims under n sheriffs deed resultlm
from a mortiraee foreclosure, in whlnh
rondnnt was not a party, nnd defendant In
possession claims under a prior unrecorded
deed made by the mortgagor, tho burden
Is upon tho plaintiff to show thnt ho took
nis iiiuiikiKl. ior vniue anu without no
tiro, nrtual nr rnnntmntlvA nf .l.rnnn .....
title: and an Instruction ninnlm thn i-.
don on defendant to show want of bona
'i" ? "once on tno part or tho pan
.... . t. JU,(,V(I l hi ,
3. To sustain an cstrinml hAim. r
omission to sneak thnrn mini i... .n,k ,i.
specific opnortunltv nnd th
to spenk. The party maintaining slienco
ti.uov nuun ii unit, .someone wns relV'
I nt; thereon, nnd wns oiiha,- noii
about to net. oh he w;ould not have deno
nnu mi' mail iiren toin. aennrman aga nst
Schurmun, 3S Neb.. 10.
I. ivKience examined nud found Insu
....
rnrnnriilmi nM ii Tdni Mm nnniinl clent to show n blndlne HKrecmetit to IX
statemeni. puniisneu ny nuinnruy oi ino i nnu um umu ui iijim-i". v un u,rm.,v
indee. showing ltp debts ant assets, is note
ddresied to the world. (2) That a party .No. 9789. Wnligli ngninst Davis et nl
allng with the vendee has a rignt 10 Apiieni irorn. ibm. vuuiuy. iuriucu.
Iv nn such stntement. (Si That the source Opinion by Albert, i
rom which such person receives such state- r.v
ment Is immaterial. 7. In nn action to
rescind a sale on the ground of fraud It
Idence exnmlned nnd held suftlrlcnt to
sustain the findings of the trial court
No. 9797. Lexington Hunk ngalnst Marsh
is Incumbent on the plaintiff to show that Krror rrotn ij.iwson i.ouniy. Ainrmeu.
within a reasonable time from tne ais- upinion uy ivirKimirivn, ... utpnmcin
eovery of the fraud ho In some way In- No. 1. .,, .... ,
dlcated to the vendee his Intention to Where the netltlon " m,1" "f
rescind; the bringing of an action or any action ?"d Judgment for plaintiff Is sus-
itncr net clearly indicative ot sucn in- in iu-u u mu ""u'"i--;.r..," .. v
tentlon nnd brought to the knowiedgo or evidence not Deing i1'"'' " l i'hr:
the vendee Is suiilclent. sjmed that tho evidence supported the
No. MSI. 1-wls ngninst First National nmiings.
frnm ttrnwn f'nuntv. Lveeniloiis Denied.
Opinion by Albert, C, Department No. 3.
I. All oner in prove puuui.i miri) "IJ'1 ,3'
i ti .nun nf the nature of evidence offered
and unless It docs Its rejection Is not error.
2. Evidence examined nmi ncid to war
rant the court In directing a verdict of
ncqulttnl. . ......
i in nrni'rrtltiirf under section 51a of the
Criminal Code this court will contlno Itself
to the record ns in oincr cnes.
No. 11577. Htate ex rei wanno vtniei
Works Company ngninst City of W nhoo
et nl. Krror from Saunders County. At
Ilrmed. Opinion by Hastings, C. Depart-
mi.nAct of March 10. 1S, to amend section
69 of net of March 1, IS.;1, ns to cities nnd
Hunk nf Cnmhrlilee. Anneal from Buffalo.
Reversed. Ames. C. ilennrtment No. 3.
1. With the exception of banks under cer
tain circumstances no party can be cnargca
as principal upon negotiable note or bill or
exennnge unless nis name is wu-reun "in
closed. 2. Hy tho undisputed facts In this
case nn Instance, of contract by or In tha
name of an agent lor an undisclosed prln-
ipul is not proved, nut tne conaui m
lenrly established. . . .
No. MSG. Omaha National Hank against
Kruus. Error from Douglas county.. Ite-
ersed. Oldham, C. ilepnrtment .o, .-.
An nrrnncrmnnl whereby chattels are
conveyed at a price certain, with n pro
vision mm tne venuec miij , n lie iii
resell them, return them to the vendor, is
contract of sale with an option to rracmu,
havo "bee npjTchw'cd by the'vnndee.i.nder enacted In 1S79.- renJhled The new section
a contract In which he reserves the option of 1SS1 took the pfneo of the one repealed.
if return tig such goods ns ne is uimuic m i. ci mciunuitu um .unii-u
ell; It la revtrsalile error for the trial of silence of sennto Journal ns to concur-
court to refuse an instruction requcsica rency in a rormni hiiu'iiuiihiii uj me nuu-.
which defines such a transaction ns a sale 3. City authorities not required by man
when no other proper Instruction has been damns to levy tnx for wntcr supply in
given on this theory excess of limit on such tnx existing at
Houck' ngninst Llnti. 48 Nebraska, 227. fol- villages, not Invalid beoHuso of thnt sec
owed). Where the title to a stock of tlon's having been amended In 1SS1, n new
nerchandlsc Is In Issue, which Is claimed to section substituting, ami section s as
it A nvin'r hill' mnlnlnln 11 f.tllt tO
restrain the governing body of n municipal
or public corporation from making nn 11
legal disposition of public funds or prop
erty. . H
7 A taxpayer may, niso, comnii-ntc iiu.
npnanmlln In Itlrlotnnnt nn onllttllble aCtlOh
to enforce for the benefit of a municipal or
ubllc corporation, a rignt or action uitn
I. nni-ni-nlniT hmlv lino rrfllSCll to fllforce.
In such case the corporation should ne
made a party defendant.
S. A county board may uiuawiuuy con
tract with a county juogo m ,!
extra ofllelal services In connection with
tho records of his office, nnd where such
efi'Ud. hnl'A Knnn nurMrmnl wltllOUt nnV
vnild contrnct tho county may accept the
product of the Judge's Inbor nnd pay him
therefor. In such case a taxpayer cannot
maintain nn equitable action agnlnst tho
county Judge on the theory thnt the money
received by him ror such services belongs
In equity nnd good consclnco to the county
nnd should oo paid over to tnu tuuiaj
treasurer.
No. :72i. State Insurance Company or
limn nf rnnlrhet
No. 11711. Hoffmnn et l agnlnst Nelon
et al. Error from Knox County. Ileversed.
Opinion by Hustings, c. Department no, 1.
1. The nctlon of the rottnty board In
rKfltmitncr nmonc the bctltloners for a call
of a special election upon the question of
relocation or county seui. ccrtnin sisnem
who had subsequently signed n remon
strance nnd then, before nctlon of the
county bonrd. signed a withdrawn! of uch
rrmonstrnnco and n request that their
names bo counted nmong the petitioners,
held no error. ,
No. 11171. Swift & Co. ngalnst Hnlonbek.
Error from Douglas County Hcmtttltur.
Opinion by Hastings, C. Department No. 1
1. Judgment for an employe will not be
reversed at suit of employer for the giving
or nn Instruction that the burden of proof
Is on employe to show both defect In mn
fhlne with negligence In providing It, and
also negligence In pernilttlna floor nn
which he stood to operate It to be wet
and slippery, when accompanied also, In
struction to find for employer If the mn
chlno was not defective although there
no evidence that tno admittedly wet
Des Moines ngalnst Hale. Error from ftml sinPory condition of tha floor wns due
Sherman County. Affirmed. Albert, C. . to negligence.
i. in tno oooy oi a poucy ot umu u A tatement or the employer's duty to
there was a condition that It should not furnlfli "a reasonably safe plnco to work,"
liffcnmn l.lnillni? tinlll tlie nrttinl tinVmCUt I ...V, ...... ..l.ln.,.n .l.ntvu imr.fr... a ...nrlrr..! At
or tho premium; also that no person should rFnr of mHChlne, close to two swirt re
have power to wnlvo any of tho conditions vnVng scrapers, each furnished with sev
or "tho contract," except the secretary or cruj knives which worked agnlnst a drum
oilier cnici oincers oi inc rumimiii, """ revolving beneath them, agnlnst which
then only In writing duly signed by such ini.PP i. wnR ,i10 dutv of the cmnlove. with
oineer and nttached nnd made a part or tho hls left hand, to press entrails, to draw
policy. The policy wns executed aim mi- them out beneath thn scrapers, and whero
llvercd to tho assured upon his agree- It tends to bhow a derectlvo shield over the
ment with the ngent to pay the premium at Hcnirerg, j not contradictory or nn In
a ruturo time. At tha time of Its execii- 8tructlon to find tor tho employer If mil
lion nnd delivery there was nttnchcn chlno wns not defective, and does not ns-
tnereto on a separate nn a u.sa " sume the existence or negligence in other
clause, making tho loss, if any, payable rctfI,ects.
to a certain mortgagee ns Its Interests 3 An instruction that tho defenrlent could
might appear, and providing that tho in- not DO uat,i0 if tbo machine operated by
suranco ns to such mortgagee should not pianlft wns the one In general use for Its
bo invalidated by any net or neglect or pUrp0SP, n,i n good repair, even ir tho
tno moriKimur or u .,i""i"v jury snouid nnu tnn sniciu. would mi mil
Insured, nnd that on railure or the mort- plaintiff h fingers and hand between It and
KUKor. or owner, to pny tho premium duo ,h. drum, wns not erroneously refused.
under tho policy, then on demand tno Tne court was not called upon to decide as
morigacco snuuiu puj rci ,71 to the possibility or sucn a machine's ad
signed by the ngent of tho Insurer. Held. mttlnK nlntntlfrs hand.
1. That tne provisions as 10 u ".""".u1 No. 113G7. Coll ngninst State. Error from
of waiving any ot tne comuoro '".'" Dawes county. Afllrmcd. Opinion by Hoi
nniirv ntmlles to tho contract ns executed .h I
and delivered and not tho blank rorm on Thero are no valid objections by reason
which It is written, of any of tho provisions of the constltu-
2. That such provision npplles to wulvcrs Hon to the prosecution of ono chnrgod
made subsequently to tho execution nnd with a cnpltnl offense, upon an Information
delivery of tno policy. by tho county nttorney. under the provl-
3. That upon tne execution nnu ueiivi-ij sions oi cnapicr oi oi tne i-nminni cone
nf surh nollev to tho assured It was valid Neb.. : M N. W. Rep.. 413. followed.
ond binding on tho Insurce as to the mort- 2. Where tho record In a proposition
gngec. notwlthslnndlng tho non-payment charging the defendant with a capital of
of premium. fenso discloses that at the beginning of
4. ISOllCO Ot canccimiiuu ui iuhv.j I mu iiiui m? jury wvie piuceu ill cuare ui
nnrl Virlrl iiniler the facts In the I a sworn liallfff. and wnrn In charrr nf a
caso arc Insufficient to effect a cancellation sworn officer nt subsequent stages of tho
as to tho mortagec. l iriai, nnu mere is nothing to wnrrnnt tno
No. 873S Itothwell ngalnst uoumy oi mierenco mat they were allowed to sep
Knox. Error trom Knox county. Re- arato at any time during tho trial, and no
versed. Day. C. . complaint is mudo during the trial, nor In
j, An mjuildiuil will nu in iituiiun vj. ci iiviy vile,, (in uiiji:,.!,"",
collection of personal taxes by distress, made tor the llrst time In this court, thHt
when tho assessment was without Juris- It Is not shown by the record that the Jury
"I'm nejii ui cuurgu oi an oiuccr, is una
vailing.
3. It Is n rood cause, for ehnllonirn that n
Juror called to sit In a criminal caso has
oeen summoned nnu served n3 a juror in
uib same court witnin tno two years pre
ceding.
4. Tho objection Is cood ns to those called
trial court that appraisement was not too is talesmen ns well as those summoned
low. sustained. I , ""?"."
diction.
8. WJinrn lulnc nftlcer acts with 'Jurisdic
tion. Injunction will not He because ot niera
irregularities in assessment.
No. 9749. Provident Life and Trust Com
pany against Dennis. Appeal from Doug
Inst county. Affirmed. Hastings, C.
l. under connicting eviucncu iiiiuuih m
2. That no oatn wns returned with ap-
6. Tho right to challenge a Juror for the
Ci'J.V1 ,ost lf no' Interposed'ln apt time, or when
before slcnature and flung was mane wun- ,, . i.i, .uiin.. '
out notion to defendant, that appraisers
did not examine Inside of house, that there
was no venue to certificate of copy filed
6. Thn rullne of a trial rnurt In clecldlni;
a challenge ror cause will not be disturbed
.,n.- .lnn 1I.hu ...Ill nn I UMtcno III, IIMI1BU Ui Ul.C t'UU I IH MlUIil.
nnd no certificate or prior Hens, will not 7 .ni i,. ,,i ,, ,,.,
avold nppralsoment in absence of any show- ..fyirmHtlvelv annear frnm inn re'enrrl.
Ing or facts to indicate prejudice oy reason K Whether trial court erred In overruling
O1.."-"?.. nlleged deTects. a challenge ror cause, on tho uround thnt
r;yJ,6 ; M?,nBvmri 1H1 bcon summoned ami served as
Lancaster county. Affirmed Oldhnin, C. 1 8Ucn Wthln two years nrlor thereto, not
1. A vendee in u contract ior tne.. saie o interDoaed until nfter the birnr hnd heen
InnHu ...Mlnli nrni'lrino rrtf n TfirTIIIirA in I
ivr '". 1,1 vUo.i.. V- iiA.ii passeu tor cause, anu wnon tne rignt to
the vendor of all payments made as Hqul- peremptory challenges wns being exercised,
dated damages In case of default In any not deterinlned because purpoFter bill of
or tho payments and for the jlgM of tho cxc.pti0ns Is not properly authenticated,
vendor to rescind the contract: on such a -ri,.. ..na..i. . .i.i . i.m
I v. a ,,u bviiiuvuiu ui u mill juukv lu n ,,
default cannot, while so In dernult, main
tain an nctlon against tne vendor to re
cover back money paid In part performance
of said contrnct on tho ground of a re
scission or the contrnct by the vendor.
Eaton ngalnst Redlck, 1 Neb., 305, dis
tinguished. 2. Evidence examined nnd held to sustain
the Judgment ot tho trial court.
No. 9753. Terry ngalnst Prcro. et nl. Ap
peal rrom Antelope county. Affirmed. Al
bert. C.
1. To perfect a lien on real estnte for
material furnished under a verbal con
trnct for Improvements thereon, it Is not
required that tho affidavit to the nceount
should state that tho material was fur
nished under an express or an Implied
contrnct.
2. Section 3. art. I. Ch. D4 of tho Comnllcd
Statutes, prescribes tho mode or perfecting
sucn ncn, anu a substantial compliance
therewith Is sufficient.
3. Evldenco exnmlned and held sufficient
of exceptions "that the foregoing is all
tne evidence orrored oy either parly on the
trial of tho cause" Is not sufficient to em
brace the voir dire examination of n Juror.
Burfee agnlnst State, 63 Neb., 214, fol
lowed.
10. Statement of a nrlsoner nharcml with
a crime, In the nature of an admission or
contcssion, voluntarily made and not In
duced by hope or rear from those having
custody of tho prisoner or concerned In tho
administration of Justice, may properly be
aumiiteo in evidence.
11. Where testimony Is offered, objected
to and excluded on the cround that no
proper foundation hns been laid, and later
on tne witness is recoiled and the proposed
icsiimonv received, ine ursL runner m wiin
out prejudice, even though erroneous.
i-. itecord examined nnd round rreo or
nreJudlcal error recardlm: the rullne of the
court on tne admission and rejection or evl
uence.
13. The use or words, "ns In sound ren.
son," In an Instruction, on the law of self'
to sustain tho Undines of the trlnl court,
No. 97(13. Robertson agnlnst Ostrom. et defense, held not prejudicially erroneous
nl Annual f r.m Tlmtrrlna i .... ' ia .m.iI I . . . . I . . , . . . . .
.... .!. I.w... wun.ua VVJMIt.J . .IllllillVU,
Klrkpatrick, C.
1. A petition which alleges the Insolvency
of tbo maker of the note and thnt the
property mortgaged Is probably insufJIclent
to satisty tne dent, is sulllclent to sua
tain an order annotntlnir a receiver.
2. Ono who nnswers n petition for tho
appointment of a receiver and resists such
appointment on the merits nt the hearing,
wnives any mere irregularity in the notice
llclent to i hustaln plaintiff's plea of estoppel
,:;V;...",. ..V'l, company
Vc";.r . t'.v. rrur rrom Knoi
." V.'i V""11.1" "n,r ' " sought t
establish fraud In representations made t
a mercantile agency, unon whnse r.n-r
credit was extended to a merchant, the
evidence must connect tho merchant with
making the report upon which credit nns
given.
No. 9072. Middle ngalnst Spntz & Miner,
i.rror lrom Adams county. Affirmed
i;ou. ; The title, of T i.111 "r par
tlculnrs t ied In Justice's court Is a part
or the pleading. 2. A stntement In the
bill pf particulars thnt the plaintiff Is a
partnership formed for the purpose or
trade and doing buslne.ss In the state of
Nebraska Is sulllclent to sustain nn action
In the firm name. 3, In nn action before a
Justice of the peace., brought by a partner
ship in the firm name, the summons need
not recite that plaintiff Is n partnership
nor that It iu formed ror the purpose of
carrying on trade, or business in this state.
No. 9t..3. Hamilton Brown Shoo Company
against Mllllken. Error from Dodge county
Reversed. Albert, C. 1. Where a deposit
tlon Is taken by one party to a suit and
Is not used by him his opponent may use
it In evidence. 2. If the witness has been
examined as to different transactions such
party may Introduce only that part of tho
deposition which relates to one or more
transactions, bat should not bo permitted
to Introduce a portion of his testimony on
any given subject while declining to in
troduce all the witness has said on that
subject 3. A party to n suit Is not hound
by uuy step taken by his attorney, in the
lntter's behalf, In another action. 4,
Plaintiff commenced 1111 action in the
county court, which was afterward dis
missed wltbout prejudice. H afterward
brought Its nctlon In the district court: on
the trial defendnnt. over, plaintiffs objec
tlon, whs permitted to Introduce the pe.
iltlon tiled In the county court In evidence.
Held, under the facts In the case, It should
have been cxcljded. 5..Thti rule that
charges a party with notice of the1 truth
in nil cases where he makes positive rep
resentations of extMIng facts does not ap
ply to representations which In their naturo
are mere expressions of opinion. 6. In an
action to rescind a sale on the ground of
false pd fraudulent representations as to
tbe financial condition of Oio vendee, a
of the application Tor such annolntment.
No. 97U9. Thurston ngalnst Ostrom. et nl.
Appenl rrom Douglas county. Affirmed.
ivirKpairicK, 1.
No. 9770. Train ngalnst Ostrom. et al.
Appeal from Douglas county. Affirmed.
Klrktiatriek. C
No. 9CCS. Shelby against Melkle. Error
irum i-iuugins wounty. .iurmcd
uy itoicomo, j
14. It la not error to Instruct the Jury that
ono who shoots another through mere
cowardice will not bo Justified nn the
ground of self-defense.
lb. it is not error to retus,o instructions
requested on nolnts substantially covered
and included 111 otner instructions given.
1C. Instructions given nnd refused, ex
amlnatlon held to be without error.
17. ltu ng or the trim court as to al eired
misconduct or sheriff diirlnc the lmnanel-
Ing of tho Jury held to bo supported by tho
evidence and free from error.
13. He d. also, that alleged misconduct of
counsel tor the stnte, calling ror a reversal
or the cane, is not snown
i. Where a verdict, nnding a dcreiidant
cuiltv of murder In tho second decree, and
remi!it1nf' Ihnt Ihft tf.rm nf lmnl-lnnnmf.nl
OnllltOn I l.n nr., .,..-.,.. hnti Hl'n V-li.u le r.lnna,!
. " ..uv . , . w . v. ...1... ..n, .j ......
wnicn 13 not received uy tno court, and tne
verslnners or nut the reNtrstn. but In)
1 nxe he should be sn rntttled his rlr.ht Will
not pass by his will purporting to devise tho
innus 111 lee aim ine ucoupying 1 inimnm a
Act" will not. In such case, be available to
the devisee with respect to the betterments
mado before tho termination of the life es
tnte.
4. When In nn action for a nartttlon ot
Intnls the defendant In possession claim tttle
to the premirs adversely to tne piainim ne
will, by waiving a Jury nnd participating
wltbout obtoctlon In the trial ot all the
Issues In the cause before the court alone,
also waive any objection he might other
wise of hnd on account of Irregularity In
the procedure In this respect
No. 11973. Chapman ngalnst Stnte. Krror
from Sherman county. Aillrmed. Opinion
bv Sullivan. J.
'l. A statute which denounces an act as
criminal docs not cease to be effective be.
cause another statute declares the same act
to be a crime when done at n particular
place nr under special circumstances.
2. Where 11 statute states the elements of
a crime It Is generally sulllclent. cither In
an Indictment or Information, to charge
such crime In the language or the statute
3. It Is not error to refuse a special In
struction embodying an Idea which has been
given by the court to tho Jury In the gen
eral charge,
4. It Is not error to refuse an Instruction
which Is argumentative and singles out and
gives undue prominence to some portion of
the evidence. . ,
5. Evidence examined and found sulllclent
to Millport the verdict and sentence.
No. 9,523. Norfolk Beet Sugar Company
ngalnst Joseph Bcrper et al. Error, Mad
ison. Reversed. Albert, C.
1. Negotiations nnd contemporary conver
sations lending tin to a written contrnct
are merged therein and evldenco of such
conversations Is not admissible to contra
dict or vary tho written contract.
2. Where one ngrees to buy of another
all that part of a crop to lie raised which
reaches n certain standard hs to quality
nnu hit mii'iur ii i'.iii 111 mi' M"r,
refuse the remainder lf It falls below such
11 slumlord, even though a part of those
accepted fell below It and he had full
3. Parole, evidence Is lnndmlsslblo to con-1
tnitnct or niter n written contract or i"
Inject Into It provisions It docs not con
tain, and which cannot bo Implied from Its
terms.
No. Ww3. Trent ngnlnt Hughes. Error
Douglas. Affirmed. Oldham, G.
To secure the reverrul nf a Judgment In
an error proceeding to this court It Is not
enough to establish thnt the dletrlct court
erred, hut It must appear from tne record
thnt such error tuny have caused or con
tributed to the Judgment under review, nnd
thus have prejudiced the comptalnlnR; p.irty.
(Tracy ngalnst State, 4 Noli.. Sol, fol
lowed). , .
No. Bcsi. v irk nam ngninst woicou. nr.
or, Merrick, Affirmed. Ames, C.
1. A master is liable ror tne cniupqunitu
f the nrnllcenl nr wrnnuftll conduct nf bis
servnnt committed In the rnurse of the etn-
uoymeiit of the latter, although tnn par
Ipiilnr net rnmnlnlnerl nf wns unauthor
ised by the rormcr nnd was done In dis
obedience to liW commands.
2. In nn action for negligence, It Is no
rntiml nf rnmnlnlnt lhnt the court, by in
structions given upon Its own motion, does
not state the rule with respect to the
measure ot dsmages with sulllclent nen
nlteness unless n more explicit statement
hns been sensonnbly requested and refused.
No. 9661. Welch ngninst leppery ei !
Appenl. Burt. Dismissed and remanded.
Ames, u , .
A Inilrrmrnl fnr pnstn nnlv Unon speclnl
findings in favor or one of the parties Is
not tlnnl nor revlewnble In this court.
Nn. 9i5. Wlsemnn ngalnst Jnco. r.rror
Ruffnlo. Atllrmed. Ames, C.
When In nn nctlon pending In Justices
court nn attachment Is issued and levied
upon mortgaged property In the possession
of a third person who Is summoned In gnr-
nisnmcnt, nnu tne mortgagee intervene in
tho suit and obtnlns nn order discharging
tho attachment at least to the extent ot
releasing Its levy upon the property, he
cannot nsslgn for a further order of tho
Justice requiring tbe garnishee to pny a
sum or money Into court ror the benefit of
he plnlntm in the action.
No. 9.CW. Pratt ngalnst Galloway et 01.
Appeal, Antelope. Reversed. Day, C.
'In n suit tn forecloso a real estate mort
gage, tho petition must nllcgo whether any
proceedings nt law navo oecn nnu ior wie
recovery or tne ueut, or nny part uiereui;
and when the answer Is a general denial
thero can bo no recovery, in the nbsenco of
proof sustaining such allegation or tho pe
tition." Jones ngninst nurtis, 57 Neb., 601,
followed. Pleading or Interveners held suf
flnlnnt m ennKlltute n cenernl denial.
No. 9.fi92. Helz. Schwab it jo. against
Hoekncll, Appeal, Lancaster. Affirmed.
Duffle, C. Department Nn. 3.
The courts will use their efforts to pro
tent n rredltor ncaliiHt the fraudulent acts
of his debtor, but as against his poor Judg
ment nnd unfortunate trades, they can at-
rord no rcller. , ,
No. 9.701. Otoe. County Fair nnd Dnv
Ing Park Association agnlnst Dnman. Ap
peal. Otoe. Afllrmcd. Albert, C. Depart
ment -o. s.
1. Thn legality of thn organization of a
do facto corporation cannot be called in
nuestlnn In a collateral nrocccdlnir.
2. Vnder the Tacts stated, held, that the
derendnnt is estopped to deny tne cor
norato existence or the plaintiff.
No. Dii'i. invitt ORainsi, fiercer com
pany. Appeal, Douglas. Allirmon. I'er
Curiam.
No. ll.r.08. Jindern woodmen or America
against Lnne. Error, Iincnster. Afllrmcd.
Pnunri C. Oennrtment No. 1.
1. In on nctlon tried to the court, in which
separate llndlngs of fact nnd conclusions
cf law were made, nn nsslgnment In the
petition In error that "tho Judgment Is
contrnry to law and Is not sustained by
sufficient evldenco" docs not call ror tho
snec no rev ow or each or tno several con
eliiHlnns of law.
111 such case, tho nsslgnment that tne
Judgment Is contrary to law, none or the
sepnrato conclusions 01 law ncing com
plained of. and some being elenrly right;
ran nnlv be considered so fnr an to aswr-
taln whether such conclusions support the
Judgment.
a. wnere a represeniaiive 01 11 mutual
benefit Insurance comnnny. within the
scopo of his authority, uccepts a surrender
nf a benefit certificate nnd n tee for the
Issuance nf a new one, with knowledge
that tno noiuer or tno cerimcnie is in nr
renra fnr dues or nssessments. tho effect
of his so doing Is not avoided by evidence
thnt he acton in ignorance or tne legal
consequences.
4. The recognition 01 tne continued vaiio
liv nf n certificate or nollcv. with knnwl
edce of facts entnlllng a forfeiture. Is n
waiver of the forfeiture ns n matter of
law. and It Is not necessary that there be
a new agreement or tbo elements of nn
estoppel.
5. A secret iiiicmwii 10 iiimbi u;inn a ior
relture ennnot prevnll agnlnst deliberate
nets, with knowledge of the forfeiture,
which In law amount to a wnlver thereof.
6. Tho rules of a mutual benefit InMir
nncc society provided that non-payment of
dues or assessments should operate ns a
suspension nnd that n member under ius-
penslon. in nraer in up rrinsiaieii, muni
mnke proof nf continued good health, They
niso provide thtt only members In uood
standing might clinnKO boneflcinrles by
surrendering the certificate and obtaining
n new one. Held, thnt cancellation of a
prior certificate, acceptance and retention
or n tee tor ifbuuik a. nt-iv iuil- wiiu cuuiiKu
and issuanco or n new one
Digests
what you
Eat
KOCflOl
Dyspepsia
A powerful enRlno can't bo run with a weak boiler; and you
can't expect to keenup tbe wear and strain of an active life with
a weak utomach. Our boilers, or rather our stomachs, can't bo
replaced, and wo cannot stop the human machinery whllu mak
ing repairs. But whon tho stomach Is unable to digest enough
food to keep the body strone, we can use such n preparation as
Kodol Dyspopsla Cure. It dlRcsUs what you rat, ro that yon can
cat all the Rood food you want. Tho tiso of such a preparation as
this is tho only certain way to cure Indigestion.
It can't help but do you good)
Prepared by E. O. DeWltt 4 Co.. Chicago. The II. bottle contains H times tho too. Mse.
When you need a soothing- and hcallnt: application for piles, sores, and skin
diseases use Do WITT'S Witch If azol SALVE. Bcw.re of counterfeit.
PRIVILEGES
TO HOLDERS OF
In U CU86 PUlldlllK In the dlstrtt't rnurt Imv rnllrn nnrt ri-lurn the sum,, vfrrtlet n'llh
on an nppeal involving the validity of a the reouest ror a term of not more than
Vl'lll III WhPh ttpllil,i mln.ta I .. . . . . 1 1 , , . .
iivo yrars impriauiiiiirui tfiiininnieu, ine
defenduut Is In nowise prejudiced nnd has
no legal grounds or complaint.
20. Atfldnvlt of Jurors to tho effect thn
they believed that the Jury could fix tho
term of Imprisonment ut five years or thev
would not have agreed to a verdict of guilty
or murder in tne second degree, ennnot bo
received to Impeach their verdict returned
In open court und nsscnted to by them In
a pou or tne jury.
21. The verdict or a jury cannot bo lin
will In which certain minors were named
as legatees, who after an arrangement
fully securing a guardian, ad litem was ap
pointed for tho minor legatees, who. nfter
un arrangement tuny securim; und nro
lectlng the rlithts of the minor. nsUert
leave to withdraw his pleadings nnd for
th6 allowance of n reasonable sum as com
pensation for his service. Leave to with
draw the pleadings wns given and the
hcurlllC on the unification rnr n trnnrillun
ad litem fee reserved. Tho iinnenl wn thnn
j. . .. - . . v."- : 1 i. l ne vriu ti u I it juis i-niuiui no nil-
"iB""??r" n ".'ol,on .l"f. appeilco nnd ,1(.ach,.d bv ono of tho Jurors on tbe around
cuiuesiani on ine ground mnt us to nil- ;,, h ,i(irinn.l th ni'liinnn. nf ,.n
of the witnesses.
22. Atlldavtts In support of the right, as al
lre.r1. nf n witness to correct bin tptl
mony held without merit, since It appears
from tho record that no mistake had been
made.
22. Affidavits in support of a motion for a
new trial on tho ground that 11 witness for
the state was not allowed to correct an ul
leeeil mlstiiki) In his tcstlmunv. und excen
tlon to tho rullns or thn court thereon, held
without met it, since trom the record and
the nttlilavlts It appears that no mistake
other legatee the will was void for un
certainty. At the following term 11 hear
Ing on the application of tho guardian ad
litem for the allowance of compensation
was had and nn order rendered allowing
sjch fixed by tho court tn be tuxed as
costs In the caso anil mado a charge
against the estate of thu deceased testator
and the funds derived therefrom, Held,
that the court retained Jurisdiction of the
case, fnr the purpose of passing on nu
application and that the dismissal of the
appeal did not deprive It of Jurisdiction to
nt lhArnnn ltll nln iVin , V. n n.. r. n
..i.irni iMf-isriinrinii if tv.,. oM.,bA nn.Ani I hnd been mudc.
bv tbo ruins, of a duly certified transcrlnt 21. Other .assignments of error held to be
of the proceedings had In the county court not well taken.
containing the order disallowing the pro- .No. 9m. behlmpf ngalnst Rhodcwiild
hate of tho will, although tho transclnt Error from itlchurdson county. Affirmed
H 1,1 tml' rnntnln thr nrlelnul will nr ,,,,,. OnlnlOIl bV AmCS. C. Department NO. 3.
thereof 1. A will consisting of u single sentence In
No. 9TR2. Shuler against Hummel. Error l,le ""man language, or wiucn tne roilflw
f nV.. 7-n.,nv wiiJ L.H '"o., '! iV,. Ing Is as nearly as posMble a literal trans
D ,. ' ' ' latlon into English, omitting names. "I do
1. It Is well settled that n binding agree- ' an? bequeath to my wire all my iirop.
ment mado between the payee and the ";. sue nas r,ul "'' nam zi
principal maker of a unto for an extension yurfuegen) over the fame after my death a
of thti time of payment without the con- Ions as she lives, devlsts a life estat
sent of a surety therein dlschargos such
surety
2. The better reasoned cases hold that an
agreement by the payee to extend the time
of payment of an overdue note for a fixed
and definite time, and an agreement on the
part of the principal maker of such note
to keep the money ror the specified time
ond to pay Interest thtreon nt the enino
only and tho reversion, ut mcce-'.i t' tit
testator, vestea in ui ueir or nens ui ia..
2. A will by a ten-iu ror lire only, whltl
nurnorts to devise the fee or thd luml
which are the subject of the tenancy. doiH
not operate as a bequest of an equitable
lien upon ine reversion in ueiiiut or ine ion
tator because of his having paid off an en
c.imbrance upon ina premises existing at o
rate snecllieri in the n, te. U n vntlil r.nrt nrlnr to the creation of the life estate
blndlncr ncreemrnt fnr nn evtonnlnn. u-htrh I a. Drdlnarllv a life tenant who makes het
rrleuses a surety ferments upon the estate Is not entitled to
s. uviaence examined anu new msuni- t rcimDursea ior tne same oy tne r
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DOCTOR
Searles & Searles
DB. X. D. IDARLCS.
OMAHA
SPECIALIST
Most Successful und Reliable
Specialist in Diseases oi Men.
VARICOCELE
Ax you afflicted with Varicocele or It! result Nervous Debility and Lost Man
hoodT Ar you nervous, IrrltabU and despondent? Do you lack your old-time energy
Mid ambition T Are you suffering from vital weakness, etc.? There la a drrangoment
of tbo sensitive organs of your Palvlo Syitora, and even though It give you no
trouble at prtnt, It will ultimately unman you, depress your mind, rack your aarroue
lyitam, unfit you for married life end' shorten your existence. Why not be cured be
fore It it too later WB CAN CURE YOU TO STAY CURED UNDER WRITTEN GUAR
ANTEE. We have yet to tee the case ot Varicocele we cannot cure. Medicines, eleo
Irlc belts, etc., will never cure. You need expert treatment. We treat thousands ot
rases where tbe ordinary physician treats one. Method new, novor falls, without cut
ting, pain or loss of time.
STRICTURE Home Treatment. No
5 Tii' new and Infallible
Tla1li-llv nurerl with a.
Instruments, no pain, no detention from
lustnees. Cure guaranteed.
HJtlNA.RY Kidney and Bladder Troubles.
Weak Back, Burning Urine. Frequency ot
urinating, Urine High Colored, or with
milky sediment on standing; Gonorrhoea,
Oleet.
CVDUil IC cured tor life and thn potion
OlrfliLlO thoroughly cleansed trom
the aystem. Soon every sign and symptom
Disappears completely and forever. No
"I1KEAKING OUT" of the dleeaao on the
kin or face. Treatment contains no dan
gerous drugi or Injurious medicines.
WEAK MEN
Home Treatment
successful and strictly private. Our c
CURES GUARANTEED.
CHARGES LOW
(VITALITY WEAK),mde ao by too cloeg
application to business or study; sever
mental strain or grief; SEXUAL EX
CESSES In middle llfo or from the offectJ
ot youthful follies.
WEAK MEN ARE VICTIMS TO NER
VOUS DEBILITY OR EXHAUSTION.
WASTING WEAKNESS. INVOLUNTARY
LOSSES, with EARLY DECAY 'In YOUNd
and MIDDLE-AGED; lack of vim. vigor,
and strength, with roxual organe Impaired
and weakened prematurely tn approaching
old age. All yield rapidly to our new
treatment tor loss of vital power.
One personal visit la preferred, but It you
cannot call at my office, write us your
symptoms fully. Our home treatment le
Our counsel Is treo Dd sacrodly confidential.
Consultation Free
Cull or address
Treatment by Mai
II So. Uth Street.
Dr. Searles & Searles, Omaha. Neb.
nf honeflelarv
nrrnrdlnzlv. amount to n wnlver of r.ueh
requirements, thoiiph the certificate holder
Was not III (juuu lliraiiu ill mi llllir.
MANHOOD RESTOREDXIK
utile
IJaninrx to Jl.trry, Ksbitusilns; Drains, Tnrlrorrlr nnd Conellitnilon.
ble Vltiillier, the prescription of a 1 nmons French pbyslrlnn, will ijulckl y euro you of iH
licrvuusor dlsnunuf the iccnrrallve orzans. such u L,ot Hitulinod. InsuianlSk
fHlne la lliti Hark, iraliiul Knttulone. Nrmout Ueblllly, 11
Itetopsall linwoibydarornlgbt. I'ruvontsqulckiirMOf ctlsclisrjrn,nlilrhl(lintcbrcke4
lo&flt In Pnrmttlnrrhnn finrl nil 1 1m linrrnrB nf Imnitl-nrv. tIKSf K nlf&n."! tha
llvir, the klilnrys and tbo urinary orgftus of all Impurities. CUl'IOENE strengthen
and restores small wralc nrrans.
Threaoniufri'ri.Ts are not cursd by Doctors Is because 00 per rentaro troubled with PrAvtatltle,
CUl'IDENE the only known rcmi'dy tu cure without im operation. tOOO tesllinniilals. A wrltlfS
giiaraotetclrcn andranni retnrncillf e boxes dna not cZt a permanent cure. UOboi,afor IJ.OI
ymall. Bend for Kmsnrlrrularanil tet!raonlma
AiMreuIsAVOi, UKDICIKB co-, i". o. Box XTK, Baa Frandsoo, Cel.
FOU SAL 12 nY MVIJllS-DIM.Ojr OHVli CO., 10TII AM) KAUNAM.
SIGNALS OF DANGER.
DO YOU START AT EVERY iOUND?
ARE. YOUR. ME.NSES IRREGULAR.?
DO TRIFLES ANNOY YOU?
These symptom of female disorders are signals of danger ! Female (rouble
comes on gradually and quietly but they give sure warning of their approach.
There is no mistaking the dark rings under thr eye, the weak nerves, the
drowsiness by day and the wakefulness at night Yet there are thousands of
women who have these nervous spells. They sfwt ot every little jarring noise
and they become Irritated at the slightest cauig. They suffer terrible periodical
pains. But they often have but a vague Idea of what causes them. They would
be shocked to know they really are suffering from dangerous maladies, about
the most dangerous a woman can have. But Mrs. Combe was cured by Wine
of Cardu! and so grateful is she that she wrote this testimonial of
WINE CARDW
Picayune, Mlts., September 1, 1900.
I have suffered ulth Irrsgular and painful menstruation and wu so weak I could not do my housework for eight
years on account of my weakness. I tried everything, but to no benefit. My husband hcird of Wlnt of Cardul and
Thedford's Wick. Draught. He used Thtdford's tslack.Draujht and It did him so much good that he induced me to
take Wine of Cirdtii for my troubles. I did so and It did mt somuth sood that now I Know It is the mtdlcine for
weakly wor.itn, I am using it now. Mrs. P.. C. COMfSB.
Mrs. Combe Is only one woman in hundreds of, thousands cured as she was, Letters like hers
axe coming to us every day from all over the country, Will you not give Wine of Cardul trial?
For adviu and literature, address, atvinr symptoms, "The Ladles' Adrlinry
pepartment," Tbe Chattanooga Medicine Company, Chattanooga, Toon,
i