THE OMAHA DAILY BEE; MOKDAY, OCTOBER 14, 1901.
NEWS OF INTEREST FROM IOWA.
COUNCIL
MINUIt MHXTIOM.
CkvU sells drugs.
Stockcrt sells carpets and rujrs.
lleti beer ut Neumayer's hotel.
Gai fixtures and globes. Jllxby & Son.
Wollman, scientific optician, I0J liroadwny.
The city council will meet tonight In nd
ourncd regular session.
MUa Elbert of lies Moines Is the guest
f Mr. Horace Everett.
. George Crntic, Jr., has gone to western
NebrasKa on n hunting trip.
Missouri ouk body wood, 5.60 cord. Wrn.
AVelch, 23 h. Mnin et. Tel. 123.
For nent Modern 7-room residence! 6.9
Eighth street, corner Sixth avenue.
Wedding presents given speclnl attention.
, C. K. Alexander & Co., 533 Uroadway.
. It pays for Itself Cole's Hot Blast heater.
"or sale by Cole-Urclsford Hardware Co.,
1 8. Mutu.
Colonel and Mrs. J. .1. Stralman expect
to leave IhU week for Colorado, where they
Mil reside.
II. H. Van Urunt has gone to New York
City to attend the annual convention of
carrlagn manufacturers.
Mrs. Drayton V. tlushnell has gone to
Chicago to visit her mother, Mrs. llynd
haw, and tn attend the wcdulng of a tela
tlvc. Mrs. J. V. Coniifr. wife of Congressman
Conner of the Tenth Iowa district, Is the
guest of Mrs. 11. II, Van Urunt on Muff
trcet.
Chambers' dancing academy. Iloyal Ar
canum hall, Tuesdays and Fridays, adults,
p. m.i children, I p. m. Assemblies for
dults Fridays, s:.'J0 p. m.
The Iadlen Aid society of the Congrega
tional church will meet Tuesday nf term on
t 2 o'clock at the home of Mrs. Charles
JTItch, 1121 Fourth avenue.
Mrs, V. W. Chapman of Denver, who is
tho guest of Mrs, C, 8. ITferts of First
Avenue, left yesterday for a rhort visit
with friends In I'lattsmnuth.
Tho pollen have boon asked to nsslt in
the search for Ed Elliott, a young man who
Is missing from his home, fill South Twenty
fourth stri-ot, South Omaha.
The University club has taken up the
matter of employers providing ooata for
their clerks In stores mid Ih circulating a
petition nmong the other clubs of the cl.y.
Colonel Charles It. llanunn, president of
,the First National bank, left last evening
for Milwaukee, to attend tho bankera' con
vention. William Html will leave for there
t today.
1 In letters received by relatives Hon. W,
X. Halnblrdge, nrslstant xacrotary of the
legation ut l'ekln, China, says ho and Mrs.
vllalubrldge may return to Council Illuffs
borne time next spring.
Mr. and Mrs. Harry V. Ilurklcy of Omaha,
who have been visiting Mrs. Uurkley s
liarentH, Mr. ami Mrs. O. I'. Wlckham of
Heventh street, left yesterday for a visit In
Huston. New Vork und Iluffalo.
A. Anderson has gone to Iluffalo, where
lie will Join his father, J, 1. Anderson, who
recently went to New York on a pleasure
trip, and together they will spend two weeks
ut tho I'an-AmcrJcan exposition before in
turnlng home.
Farmers In tho vicinity of the pesthnuse
have notified tin; police that the house has
been occupied for several nights. It Is
nupposed that tho place has been taken
possession of by tramps who wero unawaro
of tho nature of the place.
Miss Ethel Thomas of this city has re
fdgncd her position as Instructor at tho
Institution for the Feeble Minded nt Glen
wood and will leave today for I'ueblo,
Colo., whero she has accepted a position In
ii private Institution of a similar character.
Mrs. W, I'. Davles, 2703 Farnam street,
Omaha, was In this city yesterday and guvo
a description tn the police of a gold watch,
valued at J10O, and watch chain, vnlued at
J26, which had been stolen from her. A
visit to the local pawn shops was made,
but no trace of the stolen articles found.
Noah Mattlnglcy and Miss Etola Otto
were married Saturday evening nt tho home
of the brldo's parents, Mr. and Mrs. II. A.
Otto, 101 Uon'.on street. Hcv. W. 8. names,
pastor of the. First Presbyterian church,
officiating. The young pepple took their
relatives by surprise. Mr. and Mrs. Matting
ley will he at homo at 315 South First street
after October 22.
I
N. Y. Plumbing C , telephone 230.
Gravel roofing. A. II. Rend, 541 Broadway.
Plcndu far .Mnn Who Tried tn Kill.
CEDAH FALLS, I Oct. 13. (Special.)
John Penesh was sentenced In tho county
court of Benton to two years In prison for
attempting to kill Miss Agnes Jlrsa last
spring, because she would not marry him.
Tho girl pleaded with tho court for clem
ency for the man, saying she loved .him and
would marry htm when ho was released.
Davis sells paint.
Davis sell glass.
no.vT win.
Don't rub-don't scratch.
When the eyes Itch, smart, hunt or
ache, there Is something needed be
sides u rub.
You can't remove eye defects with a
rub of the linger.
You very often cause Increased local
Irritation.
You may even convey germs of dis
ease from doorlatch or car seat.
Local eye troubles are. In 98 per cent
of alt cases, caused by eye defects
which may bo corrected with proper
tenses our kind.
HERMAN mTlEFFERT
GRADUATE OPTICIAN.
I3S BROADWAY. Opp. Glenn Avenue,
Council Bluffs.
Vidt lot thou wo km wmt'i ol
Woodward's
Ganymede Chocolates
an! Opera Bon Bons
Made By
John 6. Woodward & Go.
The Candy Men."
Council Bluffs
Iowa.
Iowa Steam Dye Works
304 Broadway.
Make youi old clothes look Ilk n.w.
CWaoInf, Dyeing and Repairing.
LEWIS CUTLER
Funeral Direct i
tn
P&AHL, STHttUT. 'I'huao 1(7,
FARM LOANS ScW?
Negotiated in Eastern Mebntska
and Iowa. Jamea N. Caaady, Jr,
IM Main St., Council Bluffs.
FOR UPHOLSTERING 85? Mtt
raatkir lUnavatlni rOitlmaor Pelt Mittretttt o t
nomtu KLEirs, -wwai
BLUFFS.
TO OPPOSE GREAT WESTERN
Fropertj Owiera in Tkird Ward Emit the
Itilmd'i Coming.
CLAIM TO FEAR DAMAGE TO VALUES
t'nll .Mci-(liiir for Tursdn,- Mght to
Devise n Wny to I'roleet Any
Hncrnncliinrn t Upon Their
Interest.
Persistent rumors that the Great West
ern proposes to enter Council Muffs In the
vicinity of Third street have aroused tho
property owners In the Third ward, who
fear that their property interests will be
Injured. A meeting to discuss the matter
has been called for Tuesday night at 8
o'clock In the county court house, to lay
plans for tho best means to protect their
Interests.
There is a rumor that the (Ireat Western
will try to Induce the city council to va
cate Ninth avenue from Third to Four
teenth street in order to provide it a right
of way through the city to connect with
the terminal company's tracks. This Is
doubted by thoso who profess to know and
they iay that the Great Western Intends
to buy every foot of Its right of way
through the city.
That persons acting for the Great West
ern are buying property In this section
of the city Is not questioned nnd numerous
optlous on lots have been secured recently
by a Arm of real estate dealers In this city.
Tho purchases of property supposed to be
for tho Great Western Indicate that It will
enter the city limits nt tho Graves' farm
east of tho paper mill and then go through
tho Gordon property at Sixteenth and
Graham avenues and from that point swing
around to Third street and run on the west
side of this street to Eleventh avenue. Tho
lot recently sold by the city at Third
street and Eleventh avenue Is said to have
been bought for tho railroad. Krom Third
street and Eleventh avenue tho line will
run diagonally through tho Rick, Spiers,
Ourelcr and old Hanthorn property lo
Fourth street and Ninth avenue, then run
along the south sldo of Ninth avenue to
Fourteenth street, whero connection will be
made with tho tracke of tho Omaha llrldge
& Terminal railroad. The recent pur
chase of considerable properly along Ninth
avenue is said to havo been for tho Great
Western.
Owners whoso property will not be bought
by the road fear that tho proximity of the
railroad tracks will Injure the valuo of
their holdings.
GIVES HOPE T0 CUNNINGHAM
Mtinrrmr Court's Decision In Tni Fer
ret Case A (Trots Council
lltiiffa.
The supremo court handed down a de
cision Saturday In a tax ferret capo from
Jasper county which has a direct bearing
on the suit brought In tho district court
here to havo declared null and void tho
contract entered into by the supervisors of
Pottawnttamlo county with F. M. Cunning
ham. The ruling of the supremo court
holds (hat tho tax ferret law Is not only
constitutional, but Is retroactive, but
penalties may not bo collected for any time
prior to 1S97, whon tho law took effect,
though tho enforcement of tho collection of
the taxes thomsetves may be made.
Tbo court holds thnt tho law does not
Impair contract obligations or vested rights
If It bo applied retroactively. This poln.
has a direct bearing on the caso at bar In
this country and Is adverse to tho conten
tion of Frank Shlnn, tho nominal plaintiff
In the suit brought to have Cunningham's
contract Invalidated. The county board
entered Into a contract with Cunningham
to ferret out property subject to taxation
which had either been omitted or withheld
from asessment, he to receive a sum equal
to CO per cent of nil money recovered lo
the county through his work. Subsequently
to tho entering of tho contract tho legisla
ture passed an nmendment to the law re
stricting tho remuneration of tax ferrets to
15 per cent of tho money recovered and
declaring null and void nil contracts madn
by counties unless tho tax ferret within
thirty days from the passago of the law
signlflod In writing his acceptance of tho 15
por cent remuneration. This Cunningham
rofused to do, contondlng that tho passage
of tho act could not Invalidate or Impair
his already existing contract. Shlnn In his
suit attnekod tho contract on, the grounds
that Cunningham had failed to aecopt the
15 per cent and that the 50 per cent basis
of remuneration was void and of no ac
count. Tho doclBlon of the supreme court
In the caso from Jasper county sustains
Cunningham and declares that the law as
amended by the legislature could not Im
pair then existing contracts.
At tho hearing before Judgo Wheeler ho
held lhat the county's contract with Cun
ningham could not bo Impaired by subse
quent legislation and In this ho Is sus
tained by the supremo court In Its ruling
Saturday. Judgo Wheeler, however, also
held that the law was not retroactive, but
ou this point tho supremo court revenues
him.
Shlnn also attacked tho contract on tho
grounds that tho remuneration agreed
upon bctweon tho county and Cunningham
was excessive and contrary to public policy.
This point was not passed upon In the ens a
from Jasper county by the supremo court.
In tho Jasper county case the supremo
court also holds that the mere fact that tho
tnxes wore not assessed on the omitted
property docs not defeat the law, for the
obligation to the county Is not a new one.
The subsequent listing of the omitted prop
erty Is merely tho correction of nn error.
The court further holds that the burden of
proof must rest on the county.
Tho decision of the supreme court la re
garded hero as sustaining Cunningham's
contract with tho county b6ard nnd tint
he will bo able to collect hla CO per cent re
muneration on nil money recovered Into
the county treasury unless whon tho Shlnn
suit Is tried before the supremo court It can
be knocked out on tho question of the re
muneration being excessive and contrary to
public policy.
' Drntli of Curtis A, lluyea.
Curtis A. Hayes, aged 24 years, died Sun
day morning, at. hla home, 35S North First
street, of a complication of diseases, after
an Illness of several months. He was well
known In this city, having grown up here
from childhood. 'He but recently returned
Cut Prices
on Millinery
PENNELL, MILLINERY,
111 Broadway, Council Bluffs.
from a trip to England, whero he held a
position of trust with a largo American
musical firm. He leaves his mother, two
brothers, Clark E. and William, both of
this city, and threo sisters. Mrs. W. E.
Dawson of this city, Mrs. Max Goldsmith
of Omaha and Miss Vera Hayes. The
funeral will be today at 4 p. m. from the
residence, Rev. "V78. Barnes of tho First
Presbyterian church ofllclatlng, with Inter
ment at Walnut Hill.
CnnKrcssninn Smith' CnnuinlKiilnn.
Congressman Walter I. Smith arrived
homo yesterday morning from a ten days'
campaign tour of tho state, speaking under
the appointment of the republican state
central committee. He spoke Saturday
evening In Denlson. He reports well at
tended meetings wherever he spoke.
From now until election day Congress
man Smith will devote practically all of
his time to the Ninth district and will begin
this evening at Elliott. In Montgomery
county, for which place ho will leave this
morning. At the solicitation of Senator
Dolllver, Mr. Smith will speak nt Fort
Dodge tho evening before election. This In
tho onlr engagement he now has outside
of his own district. Thursday he will speak
at Viola Center, Friday at Klmballton and
Saturday at Orlswold.
Congressman Smllh was Invited to take
part on the stump In tho Nebraska nnd
Ohio campaigns, but ho declined to leavo
his own state this year.
ODD FELLOWS' GRAND LODGE
Creston I'repnren tn Knlrrtrtltt Fifteen
Hundred Drlrnntm nnd Other
Visitors,
CRESTON. Ia., Oct. 13. (Special.) Crcs
ton this week will entertain the grnnd
lodge, Independent Order of Odd Fellows,
of town. Fifteen hundred visitors nnd dele
gates nro expected. Tho Orphans' home
question will come up And the election of
olllcors will elicit the usual Interest. As
early as Saturduy ovcnlng somo of the ad
vance guard of tho grand ,o(Ilcer3 nrrlvcd.
J. Jasper Jones, grand master. Is here, as
Is Mrs. Alice Ilabbltt of Webster City, stato
president of the Rebekah assembly. Crcs
ton Is putting on Its gnla attire and the
decorations will he tho most extensive and
expensive ever attempted on n public oc
casion. Tho Now Summit will be grand
lodge headqunrtcrs, but the sessions of
the organizations will be held In tho court
house aud the Academy halt. Tuesday
night Crcston canton will glvo a mllltury
ball. Sunday evening Rev. C. 15. Schalble,
pastor of the Presbyterian church, deliv
ered an address to Odd Fellows and tho
Rebekahs. Tomorrow night the orders will
bo given a reception nt the Summit.
Ounttn Mnn Killed h- liners.
ONAWA. la.. Oct. 13. (Special.) Word
was received hero today that Peter Car
mlchael, a Scotchman, who for some years
lived in Ashton township, four miles north
of Onnwa, had been shot and killed bv the
Boers In South Africa. Ho left a wife and
four children, who were escorted to tho
British frontlor nnd turned over to the
British army, entirely destitute, nit their
property having been destroyed Mr. Car
mlcbacl loft hero about twelve years ago
for the Orange Free State, taking n lot nt
Implements and machinery, expecting to
engage In farming on a largo scale. When
the war broke out bo enlisted as a scout
In the English nrmy. Mr. Carmichael had
many friends here, being a cousin of John
Cleghorn, Mrs. Armstrong and other promi
nent Onawa people.
MUX'S FASHIOXH.
A .Modern Solomon Drawn Conclusions
n. to Mnxeiillne Vnrlely.
Consider now the garments that are worn
by mnn, pays tho Baltimore American.
Verily, wo sit down and moke much talk
concerning the garb of woman.
And we shout with a loud volco that ho
Is bent In tho bruins when It cornea to gar
ments. And that she would uttlro horsolf In a
carpet sack cut on the bins If It wero tho
fashion sn to do.
Wo point the linger of scorn nt her If cho
la In stylo.
And wo pass her up If she Is not.
Woman fins a hard tlmo of It, truly.
8he must endure tho sarcastic remarks of
proud men concerning the dresses sho
wears.
And those she wlshotll to wear.
And about ns hard a time as she hatli Is
getting the money from her husband to
uy what she gcttcth.
Tint let us think a few times nt the mark
which Is known as man.
Verily, ho mnketh of hlmeelf a sight to
drive some folks to strong drink.
Ho chnngoth tho manner of his garb
each season, oven ns woman.
Hut he doth not make over Inst soason's
raiment to meet this season's plans nnd
specifications.
Not any.
Ntv, nay, my eon! ho hleth unto the
tailor and sayeth unto hlin:
"What Is tho latest wrinkle In trousers?"
And tho tailor showeth lilm that the waist
Is half nn Inch looser and the knee ono
Inch tighter and Uie foot Just about tho
same.
And tho price two feel longer.
And tho coat, us tho tailor showeth him,
Is cut swaybacked, nnd hath n bustle of
feet around the tails thereof, and the but
tonholes must be so fnr npnrt or the man
will be out of stylo.
And necessarily deud to tho world.
And man nutteth hlmsolf In the garments
when they are done.
And he putteth upon the top of his head
a hat which huth n rim like unto the llango
of an opened oyster can, nnd the crown
thereof hath the appearanco of n dis
couraged pancake.
For his feet ho gettoth shoos thut are cut
low In tho ankle and wide In tho too and
high In the heel.
And ho garbeth his feet also with socks
that can bo heard a mile off on a still
morning. . , .
Which nlso havo open-work and drop
stltches nnd other millinery effects.
Also ho wearoth a shirt which hath tho
complexion of a tire alarm nnd the beauty
of n pled rainbow.
Now. whon he hnth Inserted himself Into
this collection of glad garments ha sayeth
unto himself:
"Surely, I nm tho warmest proposition
that ever nmbled ndown the macadamtred
highway.
Yea, nnd ho onrrleth a cane which lookcth
like an overgrown lead pencil.
"Verily, thero nro no other stnrters In tho
human race except yours truly.
"And I nm glad In my heart that I nm
not foolish about clothing like the women
are."
Verily, my son, man Is n largo and un
called bluff ns to garb.
He Is Just as much to tho gabble when It
comoth to a now suit as Is tho woman who
wantoth two new roses nnd 10 cents' worth
of lace on Inst venr's bonnet.
Solomon In all his glory was not nrrayod
ns man now Is. for ho wns a wlso man;
Also, ho had to buy clothes for several
hundred wives.
Yea, wo must consider that nlso.
In It not so, however, even ns It Is set
forth In the leaded nonpareil?
Yea, It Is so. Look out of tho window and
see for thyself.
A Hrrlnn Itelnxntlon.
Cleveland Plain Denier: "A wise old
friend told me when I was younger that
It would be well for me to drop literary
work as a practical occupation and save It
for a aide, relaxation."
"And yon did?"
"Yen, I took hla advice, nut I'm not
really satisfied with It."
"Why not?"
"Well, I'd like to know how a man ran
take up literary work as a side relaxation
when ho can't tlnd a solitary publisher or
editor to hack him up In It."
Ulvlnw Her Kiicnarnarement,
Chicago Post: "Do you know," said tho
K'jshlnK mnlden, "1 should Just love lo
write for the papers, and 1 believe I could
do It, too,"
"My dear young woman," replied tho
sympathetic editor, "there's no reason In
the world why you shouldn't."
"nenlly!" she cried delightedly,
"Nono t all," he asserted. "Anyone can
write for the papers; It's no trick at all.
Y hv that wustH basket Is half-full of stuff
that waa written for the papers,"
YOUNG FISH IN IOWA RIVERS
Ittte Oemmiuioatr Makei Annul Fall
Siitributin af Eats and Fickartl.
BAYOUS SEINED TO GET GOOD SUPPLY
Knsler Thnn to Mnlntnln n Hatchery
Horse Mliotv n Mnecess Improve
incuts nt NtHtc Institutions
Colored l'-thlnna Klecl.
(From n Staff Correspondent.)
DES MOINES, Oct. 1J. (Special.) Fish
Commissioner George It. Lincoln Is en
gaged in Blocking the streams of Iowa with
young fish. Ycstorday .ie was at Ottumwa,
where he placed a carload of llsh In the
Dcs Moines river. A local association of
sportsmen was formed to too to It that tho
fish aro protected until they have scat
tered along tho river. The fish commis
sioner will this week tako a carload to
Perry for placing In the Coon river In tho
samo way. He hns calls lor about twenty
flvo carloads In different parts of the state,
but cannot supply more than half that
number. The fish are rrostly bass and
pickerel, but thero aro all kinds of llsh.
Some yearn ago the state had a suull llsh
hntchcry at Spirit like, but It has been
found that an abundant supply of young
fish can be taken every year In tho bayous
along the Mississippi river nbovo Sabula
and all the fish distributed to Iowa streams
aro from this source. Last year, owing
to high water, It wns almost Impossible
to secure nny fish, but this year they have
been easily taken and the streams of Iowa
will bo better stocked with gamy young
fish than ever before.
Successful Horse Slum.
The success of the Dcs Moines horse
show this year was such that tho promoters
plan for one on a large scale next year.
Thero will be a deficit approaching $3,000
In the finances of the horse show, duo
largely to tho unfavorable weather and
lack of facilities, and to obviate this It Is
proposed that a coliseum be built, bo that
the honso shows and similar entertain
ments can bo given Indoors. The show
brought to the city tho finest lot of horses
ever seen hero nnd It was well patronized
by the homo people. August Busch of St.
Louis, who had a number of fine horses
here, turned over nil his .winnings to tho
Homo for tho Aged In Des Moines.
The midway aggregation loft this morning.
The carnival association had to get out nn
attachment to secure Its shnro of the pro
ceeds of the midway shows, the owners
protostlng that the attendance for the week
had been bo poor that they could not afford
to make the division of gnto money.
State Institution Improvements.
Tho State Board of Control, In Its bien
nial report, now almost completed, will
ask the legislature for about JSOO.000 In ad
dition to the $1,250,000 required lo run the
various state Institutions. Tho JS0O.O0O Is
for permnncnt Improvements nnd Is about
the samo as tho sum expended In the pres
ent biennial period. The board wilt rec
ommend the purchaso of additional tracts
of land at the various state Institutions, so
that there will bo about 1,200 acres at each
one of tho four Insane hospltnta and '.'00
acres at Glentvood. This will uoccssltato
the purchase of .over 3,000 acres at an esti
mated cost of llliO.000. It Is desired that a
number of new buildings be provided for by
the next legislature. There should bo two
new cottages nt Glenwood, a new cottage at
Mltchellvllle, a building for n polytechnlcal
school at Eldora nnd n new chapel at
Marshalltnwn for tho Soldlors' Homo. A
new hosptnl Is Just about completed at
Glenwood, a power plant has been con
tracted for at Eldora, heat and lighting
plant- havo been built at several of tho
stale Institutions this year and a vast
amount of work Is being done nt Cherokee
on tho new Insane hospital. It Is planned
by tho board to establish a homo for epilep
tics, so that those who aro at the Institu
tion for Fceblo Minded, tho Insano hospitals
and In tho county almshouses can all ho
placod In a colony nnd bo cared for after
the manner of some other states.
New Tnnn I.ocntcil.
The building of tho Des Moines, loWn
Falls & Northorn railroad Is being dono
from tho northern end, commencing nt
Iowa Falls, although the right-of-way was
secured through to Des Moines, nnd grad
ing work has been dono all along tho line.
It la expected that the Iron will all be laid
beforo freezing weather. Thus far two new
towns havo bem located, both In the west
ern part of Hardin county. Buckeye la the
name of a now town located In the town
ship of that name and the sale of lots hns
already been held. Another new town has
been located south of Radcllffo In Concord
township and It Is called Garden City. It Is
located In a fertile farming region.
Colored Pythian' Ofllccrs.
Tho grnnd lodge of colored Knights of
Pythias, better known as the Knights of
Pythias of North nnd South America, Eu
ropo, Asia, Africa, Central America and
Australia, In bosbIou tbo past week In Ccn
terville, has adjourned to meet next year In
July at Burlington, Tbo order waa re
ported In a nourishing condition. The fol
lowing la a complete list of the ofllcers
elected and Installed at tho grand lodge
mooting: Grand chancellor, C. L. Wash
ington, Cleveland; vice grand chancellor,
C. T. Gooch, Ottumwa; grand prelato, Rev.
E. Rosoy, Frailer; keeper of records and
seals, J, W. Madlay, Burlington; master of
exchequer, J. W. Smith, Burlington; mar
shal, A. L. McDowell, Ottumwa; medical
register, Dr. A, A. Hlnton, Osknloosa; su
preme representatives, C. T. Gooch and
J. E. Burke.
Train Service Complaint.
Tho complaint of traveling men and
others In regard to the Inefficient servlco on
the Milwaukee railroad between Marlon and
Council Bluffs Is to bo again talton up by
the Stato Railroad commission. An ex
tensive petition to tho commissioners
signed by many traveling men and patrons
of tho road on that section was filed with
tho commission last winter, but after con
ferences with the railroad officials the
complnlnants wUhdrow their papers nnd
tho commission dropped tho matter. At
that tlmo an extra accommodation train
was placed on the road. Now the com
mltteo of traveling men In charge of the
original complaint havo renewed tholr ef
forts and have asked tho commission to
set a date for the hearing on the original
complaints or petitions. An additional local
passenger train Is wanted In both direc
tions on tho line,
Accused of KIIIIiik Ur. I'nllor.
Tho negro taken from hore to Newton to
bo confronted with a charge of murder gave
the name Chester Tyler when he arrived In
Newton and says that his residence Is Des
Moines, Tho sheriff of Jasper county and
a nephew "of the murdered Dr, I'rallor look
the man to Newton. He strongly protests
Innocence and the nature of the evidence
against him secured by detectives Is not
yet known.
lovrn War Claims,
The claims of Iowa agalnat the general
government on account of the cost of
equipping the loa regiments for the
Cuban war are still pending to the extent
of about $55,000 and Adjutnnt General Dyers
will soon make another trip to Washington
for tho purposo of having tho Wnr de
partment pass on all of them before con
gress meets. The department has under
consideration nbout $10,000 of the claims,
but has rejected claims to the amount of
$15,000. An effort will be made by the
Iowa delegation In congress to havo that
body act on all the rejected claims nnd
reimburse the state for Its outlay. A largo
part of the Iowa claims havo been paid
and the delay now Is caused by failure on
the part of tho officials to keep n proper
accounting,
SUPREME COURT SYLLABI.
10118s. English ngnlnst Smith et al. Error
from Douglns. Adlrmed. Commissioner's
opinion, division No. 3. Albert, C. Unre
ported, 1. A obtained Judgment In the dl-trlct
tourt against corporation, upon which
execution was Issued nnd was returned un-
rmifiii'ii j NUUfftMjut'liii l uiuiJKlil win taw
to this court on error nnd tiled a super-
r. m It. ll.M ,lt. rr I v, M'lilnli
was duly approved; afterward, on A's mo
tion tho district court made an order re
quiring additional sureties on the super
sedas bond, nnd providing that on failure
of II to romply with such order within ten
days the supersedeas bond should be
stricken from the (lies and execution Issue
on the Judgment; the order was not com
plied with, ami while the proceedings In
error were still pending A brought nn no
tion to enforce the Judgment against the
stockholders of H '.He extent of their
unpaid stutl i.uoecrlptlons, which was still
pending at the time of the trial of tho
present ease, the Judgment of the district
court was afterward nlllrmetl. In an po
tion against the surety on the supersedeas
bond the foregoing facts held not to con
stitute a defense.
2. Whether the district court had Juris
diction lo make said order pending pro
ceedings In error In Ibis eourt. quaere.
3. To obtain nn order for tho examina
tion of n Judgment debtor, under the pro
visions of section S3S of the Code of Civil
Procedure, no affidavit Is required; It Is
stiftlclent f it appear thnt an execution Is
sued on tho Judgment hns been returned
unsntlsfted,
10?7ll lVnnln'a llllllillnir Inn,, om.I O.,,.
Ings Association against Klauber. Error
from Adam. Amrnied. Commissioner's
opinion, division No. 1. Klrkpntrlrk, C.
I'nreported.
1. Where n building nnd loan association,
through Its agent, by representations In
consistent with n written contract. Induces
one. who Is Ignorant and wholly unable to
read or write the English language, to
titer Into such contract, nnd It nnpenrs
that such party would not have entered
I II ( r tlirt nnnleiinl 1m,1 I... 1. ....... -
im i v -is 1 1 1 i imu in' miu !i i pi)?
orally; and It further appear that tht
HKent know at thn Urn 4hnt mich pnrtv
relied upon tils ora, rxntanatlon of tho
Ifirma nf Mm niinleiinl hmi) na I l...V... I
in" w nil lUlllllll.i! II 1 11 J M IO lilt I I' II v in
dtirrd to enter Into the njimr. the court
viii ki" iu auuii luiiiriu'i uie rouHiniCWOn ,
It ml nrBt nnd n ml n trritml tn lit 1 1... - 1
Induced to Hgn. 1
2. Kvidence examined and found to nun j
tain tho nndlnsr of ttie trlnl court. I
P442. Moore, agnlnat Omaha Ufe assocla- !
Hon. Appeal from IancaHter. Affirmed. !
Norvnl, V J. Heported. !
1. A llmllnrr tinu.l ... . T1 t -..I
iniin "'ie' i mi'iju ritiiit:icill I"
deuce, though conflicting, will not be re
versed on review.
2. Before ono having a genernl rlaJm
against Hnnther can maintain a creditor's
bill to enforce the same ho must first hnve
icmircu ii io judgment. Fairbanks against
Wnlnhiins, 55 Neb. 5R2. followed.
fw" . , , ......
."i naninrii iigniusi i.ieiilennerger et nl.
Appeal from Vork. Atllrmed. Norval, C. J.
Reported.
merely beeaise Itr. averments could hnve
been made more certain.
2. Objection that n pleading Is Indeflnl'e
In Its nllegntlons should be raised In the
trial court by a motion to make more defi
nite nnd cer'aln.
3. here a note stipulates for n lawfu'
rnie nf 1 1 t-u u . f m m ,in, i t.,
. , ....in uuii' nun II lllKniT
and lawful rate of Interest after maturl'y.
.win .un i-uninici ruies nnu nre enrorcenn e
iiiivrmcyer ngaiiisi l-nill, 4ft 'veli, ;73.
4 Wliere n mnrlvm.. .- . -1 . 1 .. . I . . . . . l.
mortgagor shall keep the building Insured
for the benefit of the mortgagee, the Intfer
Is entitled to be reimbursed for Insurance
in "iiuums pain ny mm.
Fi Tnuraulnn tit n n . . . I . . 1. 1 .. - ,
: , -. ...... ... ., m-MuUtiuif pi miiiKinry
nolo Is prima fnee evidence of ownersh'p.
!w. Hawyer ngnlnst Pnrkwnv Heal
Estate company. Appeal from nnntrlnn.
Afllrmed. Norval. J. Reported.
1. A flnrllnir ,if fnnt ,,nnn f . j
.7. ...o-., Mi.,ii i-uiiii.riinK
evidence will not be disturbed on revlow
unless clearly erroneous.
2. A ground for setting asldo n Judicial
sale Is unavailing on review unless the
sa,21p wnR resented to tho court below.
i.i. u ""j""'"' ! iiinin national
bank. Omaha. Krrnr from Douglas. Re-
1 1 j "!r"- ommissloner's op n-
Ion. Hlvlfifnn .1 AlliAt.1 ri ti , 1
, 't.i.v;,., . itriiuricil.
1. Tn nn nctlnn himIhb. n 1 - ,
nn n nPnn,i.vA,:. '" r'r" wmn.anj
n.V .., i , c'.w,lv ln ,,le P'edgcs
..... . i-rntiif ior ur pnvmcnt. nn
answer averring, thnt at the time of Its
xecutlon. she wns a married woman nnd
nad no separate estate and owned nn prop
erty In her own right, stntes a good de.
foUowed "Knlnst Cornell, Sf) Neb. 315,
2n,'nrHlHtrnct of "'""clyshlp Is binding on
a married woman, when mndc with refer
ence to nnd upon tho faith nnd credit of her
separate estate, subject to the nuallflrntlnn
mentioned In the preceding llrZr"X
a contract made within thT , cope of ' her
B"l"ory capacity to contract, Is to be lie!
to persons of full capacity. 1
9701. Brennan.I.ove company ngnlnst Me-
VTsyjss. Do,,RlnR-Afflrnwd-
J,y,rtM 10 bl not contrary to the
Instructions of the court.
ni!;,'rtL,.,cn 'inuestion In direct exHtnlna
lon u objection Is Interposed and s i",
tallied thero must bo nn offer to prove the
,?nwB0,rKh-t ,0. b0. f,,r,,C(3 thereby and a
ruling of tint trlnl court had thereon In
2irJ??,r .V Pr"!nt,0 I""" court for Its "on!
Bldoratlnn the i ruling complained of.
No. 10131. Lewis against North, Krrnr
a.,i?,,-n.&rr "n(, rpman' "
1. It Is not prejudicial error to submit
tlons of fact on purely equitable issues
ta-,"eAd b,y. V? PK-adlngs'ln the case.
J. A district court sitting ns a court of
equity may In Its discretion submit to n
Jury any disputed question of fact;
3. In order to Justify a decree of specific
performance of a verbal agreement for ( 1 S
sale of real estate, the acts of part per
formance relied on to escnpe operation
of the statute of frauds, must boarly
definitely and satisfactorily shown iiii l it
must also appear that such acts w" re one
controStf pursua,'ce ot the
4. Continued possession by a tenant Is
?ontrBc,h tWiV- W'"c of a verbal
contract for the purchaso of land as to
n&e ,h? Ctts. iU of ,no Salute of frauds?
Possession to have such nn effect must
bo clearly shown to refer to anil result
from the contract and not the lease, nii.
Icr against Rakor. 40 Neb., 326-
oii-T-i nb0.VB rula noU1 ,0 nDnlv wben tho
alleged vendee, wns occupying the land us
a former owner.
.,.6;oSvld.encQ exnmlncd nnd held to bo In
sufficient to support tho finding of tho Jury
thereon rr" ,ho trlnl court rendered
No. 101SS. Hrnbak et nl against Village
of Dodge. Urror from Dodge. Afllrmed.
Commissioners opinion, department No, 1.
Klrkpntrlck, O. Reported.
1. Money paid to a vllligo treasurer to
procure tho Issuance of n license to sell
intoxicating liquors, as required by the
ordinances of snld village, Is received bv
the treasurer ex-offlclo. and his bondsmen
tiro liable for his failure to account there-
2. A village can maintain nn action
agnlnst Ita defaulting treasurer and his
bondsmen to recover license moneys col
lected by such treasurer, although the vll
mge Is comprised within the lFmlts of a
single school district, to which the money
must ultimately be paid. uin.y
3. Where a petition states a cause of
act on, and tho answer thereto falls to
state n defense, it In not error for tho
S?Ui.ie?i,na.Lruct 1,10 JuJ' tH flml fnr the
plaintiff In tho amount for which the suit
is brought.
No. IMiju. Orcen ngnlnst Tlerney. Krror
ported ' A"lrmel1' ""Icnmu, J. Ro-
..1' iAn. a,leKP' "rnr occurring during the'
trial of ii case which has not been culled
to the attention of tho trial court In the
motion for a new trial cannot be reviewed
court 0,1 proceedings In error.
Z. When different defenses aro plead, one
of which Is Inconsistent with tho other,
and by nn Instruction ono of the Incon
slstent defenses Is eliminated from the
rase, the plaintiff cannot predicate error
br.ca.V.B.p f the Inconsistent pleading.
X When thero has been no offer of proof
of the forts sought to be elicited by a
question nsked In direct examination ob
jected to and objection unstained, thn rul
ing of the court In sustaining the objection
Is not properly presented for review,
4. When Instructions ure excepted to en
minse If unyone Is found free from er
ror, tho exception cannot be sustained.
No. 1O20S. Troup et al against llorbach
et al. Appeal from Douglas. Judgment,
ilolrnmh, J. Reported,
1. Defendant's appeal from n final order
confirming a sale of real estate made to
the execution plaintiffs under an execu
tion Issued on a Judgment rendered In nn
equity action, the final order being super
seded during the pendency of the appeal,
The Judgment on which the execution waa
issued having, In the meantime, been re
versed, held, thnt thereby the title of the
purchaser to the propert inlled nnd that
on order might properly be entered In this
court quaehlng the levy and vacating tho
sale.
2. An appeal Is not n remedy lo correct
errors of law only, but brings the case
to the appellate court for a trial de novo.
Wilcox against HnUliders, 4 Neb,, CCD.
No. 11543. Oakes ngnlnst Zelmer. Appeal
from Lancaster, Former Judgment ad
hered to. Commissioner's opinion, depart
ment No. 2. Oldhnm, C, Reported,
1. In nn application to open n Judgment
under the provisions of section 82 of the
codo of civil procedure a defendant will
not be heard to question the sulllclency
of tho iwtltlon on which such Judgment
wns rendered.
2. "Awful answer," as used In this sec
tion, means one not wanting In nny es
sential requirement! n meritorious answer.
3. Held: That In nn application to re
open a Jjilgmeut for tho foreclosure of n
tax lien, tin nnswer denying on Information
and belief, the regularity of such Hen Is
evasive nnd not "a full answer" for the
reason that such lien Is a matter of public
record from which defendant could obtain
positive knowledge.
No. 11901. Harton against Shull. Krror
from Saline. Reversed and remanded, llol
comb, J reported.
1. Questions raised and decided In former
review nf the same netlon beld to bo
and followed hs tho law of tho case.
2. It Is the duty of the Jury In nil cases
to follow the Instructions given them by
tho court, whether correct or not, nnd If
they fall lo do so, tho verdict will be
deemed to be contrary to law nnd should be
set aside and a new trial ordered. i
2. When exceptions nre taken to the suf
ficiency of sureties In n replevin undertak
ing within the time provided by stnttito
and the sheriff or other officer approving
the replevin undertaking fall to have tho
sureties Justify as ball on arrest, he, unless
such Justification Is wnlved, becomes
thereby responsible nn his ofllclnl bond fnr
the sufficiency of such sureties, not only
when the replevin undertaking Is Hpprovcd,
but also at the time the defendant In re
plevin Is In n position to enforce a Judgment
rendered In his favor In the replevin action
or proceed ngnlnst the sureties on tho
undertaking executed by them.
i. Kvldence examined and held not to
support the verdict returned by the Jury.
6. The verdict returned by the Jury hld
to bo contrary to the Instructions of tho
court nnd should have been set aside.
6. Where property levied upon under writs
nf attachment is lakeu from nn officer
by replevin proceedings and after Judgment
In the attachment case the same property
Is levied upon nnd seized by the ofllcer from
whom replevlned by virtue of nn execution
Issued on the Judgment regaining posses-Ion
of the samo property under the execution,
undiminished In value, constitutes n defense
pro tnntn In an action on the replevin un
dertaking or In un action for taking In
sufficient sureties, on the replevin bond and
the fact that the property Is subsequently
replevlned by the pinlntlffs in the first
replevin action or their assignees will not
render the defense unavailable.
7. Action of the trial court In granting
a new trial on a former hearing held
without error.
No. llWO. Russell ngnlnst Stnte. Krror
from Sioux. Reversed nnd remanded. Nor
val, C J,, reported.
1. Rulings not nrgued are deemed wnlved,
2. An assignment of error for the over
ruling of nn application for a contlnuanc
is unavailing where micli application Is not
included in tnc transcript.
3. It Is not error to overrule nn applica
tion of a defendant In n criminal case for n
continuance on the ground thnt n wltnei
Is absent, where the state ndmitx the wit
ness. If present, would testify as slated
in the nflldavlt In support of the notion,
and thnt the statement nf the affidavit
might be used In evidence on the trial.
4. To constitute one n competent lurymnn
he must have roMded In the stat- six
months. In the county forty dnvs and In
the precinct, township or ward ten days '
ami oe zi years or ago or more.
r. Ordinarily nn Infant Is Incapable of
changing his domicile. An emancipate 1
minor may acquire a domicile or resldonro
of his own.
6. An oblcctlon that n venireman Is not
a qualified Juryman Is unavailing unless
specifically raised In the trlnl court.
7. An opinion formed by a Juror does not
affect his competency, or nfford ground for
challenge for cause, unless the opinion Is
unqualified ns to tho merits of the cause
nnd such as will Interfere with rendering a
fair nnd impartial verdict upon the evi
dence under the Instructions. Hasye
ngnlnst Stnte, 45 Neb., 261.
K. In n prosecution for murder It Ib
compotcnt for the county nttorney, befo o
the Introduction of testimony, to nu'llnc
to the Jury the evidence which tho state
expects to produce to sustain it ronvlct'oa.
9. It Is competent for a witness to testify
to a comparison made between one of tho
feet of a horso which the prisoner wns
known to have ridden on the day of tho
homicide nnd tracks of a horse found near
tho place where the crime wns committed
and leading In the direction of the defend
ant's home, to give his opinion or belief
ns to whether the tracks were mado by
such horse.
No. 120)1. State, ex rel Beach, against
Fields. Original. Writ allowed. Norval,
C. J., reported.
1. Where n defendant In nn action of
forcible entry nnd detainer had appealed
from a Judgment rendered against birr,
therein, for restitution of the premises In
which no appeal lies, the entire proceed
ings arc null nnd void, and mnndnmus mny
be Invoked to require the Ifsuanco of a
writ of restitution, .
Dr. Lyon s
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F
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i a !
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Small psyment down, balance on long tlnw; low rate Interest.
K.OOD npple trees In ono piece, half mile from (Kenwood; trees l yean
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i acres garden land,
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Tho Wnbash from Chicago will sell
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Atluo from theno rates tho Wnbaih
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iiAitit v n. moori:s.
Gen. AgL I'ass Dept.. Omaha, Neb.
Or C. N. CltAMJ,
O. 1 & T. A., St, Louis, Mo.
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NOTES THE NAME.
doiia.w tiii:ati:h octoiikp. sa.
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00 EXHIBITION
. WEEK
Bluffs. 'Phone 87
-- 1
til,, s. . nICwl lu
A -
& Son.
-I
I
..X
V
J:
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