f
THE OMAHA DAILY HEKi THUBSDAY.XOVE3iIBJ3R 2$, 1901.
9
IS THE FIELD OF ELECTRICITY
Ianctioa of Dt.ci tt Supplant tbi
Ttotlty Fed, Md Win.
STATISTICS ON COST OF STREET LIGHTING
roiKllillllIrn nl ttnlfr I'lintr In Ihe
Yrt OfllRlnllr llct lonril
Mimnrn'n yerr Wheel
I'll Cttrrcnt .Note.
Dispatches from Boston announce the
completion of on Invention there for which
the. usual promises of revolutionizing things
electrical are made. The particular In
vention la designed to supplant trolley
wires and polea which cumher the cities of
th land, and having such a glorious ob
I'd In view It naturally attracts much at
tention, The device consists of a row of
ouare Iron boxes Imbedded In the street
between the tracks and fed by an under
ground current, Ingeniously cut off when
not In use, and the power taken up by a
iihoe on the car. The boxen may bo placed
It distance of ten feet, If desired, and It
has been demonstrated that there Is no
danger to horse or man In crossing or com
ing In coatact with them. Within each boy.
! a sheet of copper. Imbedded In a slate
kacRIng at the end of the box. In the
center of the box and extending toward
the opposite end bent at right angles, and
inserted Into a pressed steel armature,
rests k solid block of Insulation, The top
f the armature lies within an Inch or so
tielom- the underside of the cover of the box
Underneath the car a long ahoe Is strung,
to which Is attached at. regular Intervals
In palra, magnets wound for ."0 volts. At
tached to the shoe are plates of nonmag
netic steel which are movable and ued as
the contact shoe and susceptible to uneven
ness or rise and fall necessary to always
come In contact with the boea. When the
current Is on, the armature In the box Is
(drawn up In contact with the cover of the
box In such a way as to make a contact,
and with a sufficient surface to allow the
carrying of 300 or more amperes, If re
Quired. Into the motor of the car.
When a car Is Immediately over and the
Shoe la In contact with the projecting part
tf tho box, the boxes and shoe are then
alive, but. as soon as the rar passes from
over said point the armature yields and
rlrops by gravity to Its normal condition
resting upon the block of Insulation.
The; cost of construction depends entirely
Upon the number of boxes nnd amount of
feed wire used to the mile. The road now
In operation In Mllbury, Mass., Is con
strutted with n car shoe twenty-one feet
Jong and with tho boxes ten feet apart
la large cities, however. It Is thought that
It would be more practicable to have tho
boxes within five or alx feet and use a shoe
nf eight or ten feet. The cost, of construc
tion Is much less than the trolley system
nr even the third-rail iivstem. and there Is
Icbs danger, as the boxes through which the
jiower Is derived are alive only when a car
Is over them.
One of the tests made last week was to
et the brakes on a car containing thirty
passengers, and then apply the power, and
to the surprise of hc electricians and rail
way men who wero present the rar moved
toff with ease. It has been demonstrated
that a car can be run up-a grndo of 5 per
cent with 100 passengers when all the
brakes are set, which la considered a re
markable test of the strength of current
supplied through tho boxes on the ground.
Coat of Street I.UMInw
Some statistics as to the cost of street
lighting, compiled by Electricity, are ex
tremely Interesting. Chicago spends $600,
tlOO a year In street lighting: Boston, $610,
fiOO; Cincinnati. $426,000: Baltimore H50.
00; San Francisco, 245,00n; Trovldence,
50.000: New Orleans. $330,000: Cleveland.
1325,000, and Washington, a city of long
distances, low houses and wide streets,
1235.000. New York will expend for street
lighting in 1901 $2,745,000 for gas and clec
trlolty. Of this totnl Manhattan uses $90,
000, Brooklyn JP50.000. tho Bronx $350,000,
Queens $355,000 and Richmond $130,000.
New York has In nil nearly 60,000 .lamps,
gas and electric. There nre 30,000 In New
York and the Bronx, of which 24,286 are gas
lamps, 4,638 electric and the others naphtha
lamps. Brooklyn has 11,015 gas lamps and
4,603 electric lamps. Queens borough, the
west, extensive division of New York to he
lighted, has 3.S3!) gas lamps nnd 2,106 elec
tric lamps. Richmond, tho most progressive
ef the boroughs of New York In this par
ticular, haa all electric lights no gas, Of
theae 2, RM ire Incandescent lamps nnd 3R2
ere nro lights. Thero are. moreover. 100
nil lamps In use In the borough of Rich
mond. According to the tabulation made by the
Electrical Review, Illinois heads the list In
bumber of separate electric light stations,
having 358, against 22$ In Pennsylvania, 201
In New York and 188 In Ohio. Pennsylvania
haa the largest capitalization, however, Its
lighting plants being capitalized at a total
ef $110,008,000. New York comes uext with
1102,058.000; New Jersey, $64,42!),000: Cali
fornia, $50,192,975; Massachusetts, $45,375,
00;V Illinois, $30,156.550.,
Cheap Power In tu West.
The following statement concerning elec
tricity and water power In California and
pther parts of the west was made puhllc by
the dtvlslaa of hydrography of the United
Btates Geological survey; "Electricity
generated by water seems to be the destined
cheap power for California and for other
tortious of the arid west whore coal Is
scarce or too expensive for profitable use.
The conditions In California are particu
larly favorable for rapid advance In this
direction, They are briefly, first, the high
price of fuel, and, second, a fortunate com
bination of favorable conditions of climate,
topography and water resources. By
reason of these conditions California has
made an enviable name for itself In the
last twelve years by Its energy and enter
prise In the development and transmission
of electric power, and It atlll holds a posi
tion among the foremost. In this -regard.
The coal used In southern California comes
from Alaska, British Columbia, New Mexico
and even Australia, and soft coals sell for
from $ to $10 per ton. This almost pro
hibitive price for fuel, while It has made
power very expensive and greatly retarded
the manufacturing progress of tho state,
haa also given a strong Impetus to water
and electrical advancement. The id
vantages California lacks In coal deposits
and prlcea It possesses In a marked degree
in other respects. It Includes within iu
boundaries high, longitudinal mountain
ranges whUh are snow-capped throughout
the year, and from which flow numerous
streams of very heavy gradients, furnishing
Ideal power for the operation of electrical
machinery. The general climatic conditions
the state are altio an aid to this de
velopment. The average low relative hu
midlty of th atmosphere greatly ald& In
the transmission of the electric current by
permitting a high order of insulatlou of the
line. In this way powor Is transmitted over
long distances, considerably further than
elsewhere In this country. A -iota-
hie Instance of this Is the
power plant on the Yuba river In
the Sierra Nevada motintalps, where elec
tricity la generated which operates the
treat cars of Oakland, 140 miles away
Power haa also been used over th same
Una at San Jose, a distance of 190 miles
from the generating plant. This l said to
ba' the longest line of power tranvnlulon
To estimate with any degree of precision
the quantity of lish which may properly be
taken from tho seae ev-sry year appeals lo
be no easy task. Some years the yield Is
better than others, but this Is largely a
matter of luck. It Is only after a long
series of fallutes to catch the old-time
abundance of mackerel, herring or cod that
one can tell that there Is an actual diminu
tion In the production. And even from Ma-
tlstlcs of this kind only an approximate
notion can be had of ihe right nmount lo
capture In a single season.
It Is believed, however, that there Is a
much better way to get at the rcsul',
though It Is a trifle circuitous, says the
New York Tribune, In the ocean, as on
land, animal life depends on vegetation foi
Its' support. Theie are many carnivorous
creatures In tho water, but the little Ashes
and anlmalculac oij which they feed llvu
on plants. And In the water, as on land,
plants derive their sustenance from In-
organlt; substances which they manufacture
Into living tissue. If, therefore, such a
survey were made nf the seas as would
show how much vegetation was produced
there, then It might be pohslhle to flgUM
out the amount of animal life that coutd be
sustained thereby. Thus, It has been found
that an acre of cultivated land In Prussia
will produce about scventy-flve pounds of
beef a year. There are naturalists who
hope to establish n similar ratio between
the vegetable and animal life of the ocean,
Karl Brandt, In a paper which has been
translated for the latest volume of Smith-
sonlnn Reports (IftOO), tells something about
their plans and methods,
In the sea there nre two general classes
In existence. There are a number of other
Interesting electric plants In California be
sides that on the Yuba river. One on the
North Fork of the Snn Joaquin river. In
tho east ccntr.il part of the state, supplies
power for light and general purposes to
the city of Fresno and surrounding towns
distant about seventy miles. On the dif
ferent brnncbes of the Kern river there
are several plants, sonio of which are In
tended to furnish power for Ibe city of Los
Angeles, situated 10S miles awny. To the
San Antonio Light and Power company,
however, belongs the credit for the erec
tion of tho first plant for tho long distance
transmission of electricity In tho United
States. In 1892 n current was delivered over
tho lines of this company to the cities of
Pomona and San Bernardino, a dlstanco of
nlghteen and twenty-eight miles respec
tively, at n line voltage of 10.000 volts, an
achievement hitherto unheard of. Theso
and other plants aro all run by the splen
did water powers of the state, nnd the
groat possibilities for further development
are llmjtcd only by economic needs. Much
attention through u series of years haa
been given to a careful nnd systematic
study of the streams of California, to se
cure the data on which depend their de
velopment for power and Irrigation pur
poses. Mont of this work has been done
by tho United States Geological survey as
a part of Its general Investigations of the
water resources of the whole country."
The completion of the second great wheel j
pit of the Niagara Falls Power company
ealls attention not only to the greatest cicc-
trical engineering achievement or moncrn
times, but also to the wonderful develop
ment In power transmission in all parts of
tho globo since tho Niagara cataract wns
flrst hnmessed. This second wheel pit,
which was cut through the solid rock, Is
463 feet long. 178 feet deep nnd 13V4 feet
wide. At the bottom of this pit will be the
turbine wheels, working under a head of
145 feet of water, capable of furnishing
electrical energy estimated at 55,000-horse
power, made up of eleven units of 5,000
horse power ench. This achievement at
Niagara Falls is the parent of many won
derful power transmission plants that hnvu
been successfully Installed In various parts
of the country, and which Indicate tho al
most limitless possibilities of this kind of
power production. Tho one on the Upper
Yuba river, California, furnishes electricity
to run the street cars In Oakland and San
Jose,, one In the mountain, of San Bernar
dino sends electric power to Los Angeles,
nnd the Snoqnalmlo Falls Power plant car
tics power to Seattle and Tacoraa. Wash.
One of the most Interesting projects of this
kind now under way Is that undertaken by
President Hill of the Oreat Northern rail
way, by which It Is proposed to run cars
on that road between Skykoralsh and Leav
enworth, a distance of sixty-six miles, by
electricity, the power to be supplied by some
of tho streams that abound In the Cascade
mountains. These arc only a few of the
more notable power transmission plants
which Indicate thnt tho achievement in
tho work of yoking electricity and hydraul
ics In the next quarter century will be far
beyond the dreams of modern engineering
enthusiasts.
Currrnl Note.
ri,. Phlfiffn Droiit Western is said to be
considering tho ptau of mibstltutlng elec-
. . . V . . .-. ..... nn 1 1 1 a.,H,Vat ir'.
,ce between St. Paul and Randolph, Ml nil.,
thirty miles, t wo plans are unurr ranmu-
oration. Ono calls for a third-ran syaiem
ami trie oiner coniempinien un uvcriirj
trolley wltn a return circuit.
Some time Hgo an American obtained the
right to place an electric plant in India.
The waters of u mil were utilized at
t'auvery Falls ami the electric power w
carried to tlie mines oi .Mysore, uiuri
iii mllou rilntitnt. Since then KiikIIsIi
enterprise ha? been aroused to place other
plants 111 Ollirr pnrin ui mm i-uuim;.
Dr. Samuel O. Tracy of New York dem
onstrated DOioro n receni muiierniK ui
medical men the action of un Instrument
which he hnd Invented. 11 Is nn electrical
device, combining the principles of the
microphone anu teiepnone, ana no con
structed nn to magnify sound at least the
limes. It Is inieiuien 10 snocrsrue car
trumpets nnil conversation tubes,
vniiirmnr Pnulsen. a Danish electrical
engineer, has tild nt Washington a patent
on the telegraphone. This instrument will
record nnd repent messages which come
over telephone wire, if a mini Is not In
When 1)0 is cnueti lor inn omre imy can
attach the telephone transmitter to the
telegraphone und the message will be wnlt
Ing when the employer returns,
An Ingenious time-suving appliance tor
transshipping mulls nnd baggage In con-nri-tlmi
with the 'cross-channel service has
been brought Into operation nt Dover, cays
Klcftrlclty or i.onaon. me nnpimnce is in
the form of nn endless traveling platform
and Is worked by electricity, it brings
packnges of nny weight ashore at the rate
oi one In llfteen seconds. Some of ihe
pnekages unlonded recently weighed W
pounds and required four men to lift them,
but they were brought ashore ns easily as
a handbag. The transshipment w.ia vT
tornteil lu less than hulf the usual time.
The opening of n trolley line from Chicago
to Jollet, a distance of annul thirty-seven
miles, hns reduced locnl pnHrenger troon
portatlon on the competing atenm roadc
one-half. This Is a particularly Intwt
Ing case. In view of the unusual dlsta.ii'-o
for which trolley competition Is made
effective. It goes to show thnt people
prefer to sacrifice time instead of mouv
In hand; for. while "the steam, ronds will
take a person from one place to the oilur
In nn hour nnd the trolley requires from
two to three hour.i, the round trip fare In
the latter ense Is only 71 cents, against
1.0I by the steam roads.
Tho quality of an elephant's hide was
demonstrated In the attempt lo kill Jum'jo
II by electricity on tho buffalo exposition
rfraunda. The electric wlrth and tho
electrodes placed behind his car nnd nt
the end of his spine conveyed n current of
volts Into the beast, but Jumbo II
merely felt tickled, The shock wsh re
peated Kcvrrnl time, but ufter each nt
tenipt the elepli.mt threw his trunk arounu
and aavo h pleased sort of grunt. The
electili'Unn finally rave It up. A current i,f
l.&i) volts will kill a man. But an el?
uhnnt'S hide uieds to be tikc-n Into inrrUI
I consideration, It appears, In such an affair.
in the Ocean
of vegetation. One Includes seaweed kelp
and other plants of considerable size, which
flrc ,0,,n" onl' a,onR ,no "norc' Tno 0,npr
embraces microscopic nrrnnlsm, each con
sisting of only a single cell, like the dia
tom, and distributed atl over the ocenn,
though not flourishing at great depths.
Plants need tight, whether their abode be
terrestrial or marine. Hcrr Brandt quotes
Schutt as saying: "The snllor, who fancies
he has pure water under him, really sails
everywhere In the midst of a rich vegctn
tlon." And this microscopic vegetation It
Is which sustains animal life und which
corresponds to the pastures where sheep
and cattle fatten. The seaweed along the
shore bears about thti same relation to the
fishes as the f6rects do to land animals,
so far as furnishing food Is concerned.
The growth of terrestrial plants Is facili
tated by tho presence of certain compounds
of nitrogen. These same' fertilizers pro
duce the same effect In the ocean and ow
ing lo drainage from the land they are more
abundant near shore than out In mldoccnli,
but that they are Intimately connected with
the development of animal as well as vege
table life there Is easily proved. In Ger
many murh attention has been given to
raising carp. Susta, who has written on
tho subject, says that In the poorest ponds
the yield Is about eleven pounds of fish to
the acre. The better ponds produce from
thcree to elx times as much, whereas still
others, Into which liquid fertilizers drain
from farms, give results about twenty
times larger than those first eltcd. Con-
sequently. In the researched which arc now
being conducted Into marine life tho chem-
Istry of the sea water as well as the nbun-
dance of microscopic vegetable nnd anlmnl
forms Is carefully considered. Attention
1 also given to the presence of those
species of bacteria which have the power
FIRST NATIONAL THANKSGIVING
Observed In IT77, During I'roifrcno of
ltr ntntlon, to ('delimit Siir
renilrr of lliirunynr.
The first national Thanksgiving was ob
served In 177, during the progress of the
revolution, when Henry Laurens of South
Carolina wns president of tho continental
congress. In September of thnt year, while
General Washington with n small army was
endeavoring to Impede tho progress of the
British, he was defeated at tho battle of
Brnndywlne. As the American army
approached Philadelphia congress rein
vested Washington with extraordinary
powers and adjourned to Lancaster, the
largest Inland town In Pennsylvania. Only
one day's session was held theie, when
congress moved to York, about twenty
miles westward, across tho Susquehanna
river, a wide stream difficult or navigation.
York was then a town of 1,500 Inhabitants.
When congress assembled there It beheld
the chief cities of the union' In' the hands of
the enemy and the American nrmy, again
defeated at Germantown, retreating before
a conquering foe, toward a winter encamp
ment twenty miles northwest of Philadel
phia. Congress for nine months of tho
years 1777-78 held Its sessions In York nnd
while there heard tho news of the surren
der of Bursnvne at Snrntnim. nrlnnlct l ho
artcles of confederation, received the news
from Benjamin Franklin at Parla of the de-
clslon of the French government to aid the
Americans in their struggle for freedom
and Issued the first national Thanksgiving
proclamation.
For one month after congress as
aembled In York, John Hancock, who had
been elected two years before, was presi
dent. Upon his resignation and rotgrn lo
Boston Henry Laurens, an eminent states
man from South Carolina, was unanimously
chosen bis successor.
On October 30, 1777, soon after congress
received the news of the brilliant victory of
Gates nt Saratoga and the surrender of the
entire British army under Burgoync, Henry
Laurens, as president of congress, ap
pointed Richard Henry Lee of Virginia,
Samuel Adams of Massachusetts and Gen
eral Roberdeau of Pennsylvania n com
mittee to prepare n proclamation of thanks
giving. Thin historic document was
drafted by Richard Henry Lee, who a little
more than ono year before hnd offered tho
motion In congress that "these thirteen col
onics are, and of right ought to be, free nnd
Independent states." IIo was one of the
most distinguished of the revolutionary
patriots and statesmen and served on more
committees in the continental congress than
any one nf his associates In thnt historic
body, "noted for Its eminent men. This proc
lamation, which Is comparatively unknown
to the average student of American history,
is a document of historic value and Impor
tance' and Is presented In full below. It Is
a model of excellent English and Illustrates
IX TIIIJ
a 1
Teacher Miss Mllyuns, how do you parse "breat??"
Miss .Mllyuns I usually let tho butler pawss It.
wim:
Edith (aged 6) Say,
Her Papa Snoring.
How Big a Crop of Fish it
is Safe lo Harvest.
of promoting and retarding the develop
ment of nitrogen compounds.
When one reads about a "plankton" ex
pedition he may understand by that expres
slon n ship which Is equipped with apparatus
for hrlnglng tip samples of sea water for
such an Investigation as has Just been de
scribed. A net of very line mesh Is em
ployed In this work, and Is so managed as
to bring up a vertical column of water at
considerable depth. Pains are taken to
count the various organisms found In a
Rien volume of fluid. Owing to the Incts
sant allrrlng up of the sea. figures for one
locality are believed to be fairly repre
sentative of a wide area. Bui an Ideal' tur
vcy of this kind would embrace frequent Ob
servations through a full year; and, though
work of this kind has been tarried on In all
latitudes In the last dozen years, some of
these Inquiries extended through only a few
months. ,l
Two results have thus far been reached
by such Investigations, Mlctoscoplc veg
etable ami animal life Is found to be more
abundnnt In shallow seas than In deep one.
Ilerr Brandt nccounta for this fact by sup
posing that the fertilizing material from
the land Is less diluted In the former re
gions than In tho latter. The other con
clusion which has been reached Is that life
Is more abundant In arctic than In troplctl
raters, thus reversing the situation which
,.' ..,' A ,,, nl,.ri.
)n(,tU )(( morp annmanl n ,,0,i s,, than In
warm anfti thm)Rh j,wt wnv this should be
,, t R nnt cas. t0 gay p'crhap the bac
ttrn wi,cn faVor tbo production of nitrogen
compounds are more numerous In the one
70no than In tho other, or. perhaps, the
other kind, which breaks up and spolU those
compounds. Is In excesa In tropical climates.
But this Is n point which has not yet been
elenred up.
a strong fervor of religious sentiment. It
rends ns follows.
"Forcln ns much aa It Is the duty of all
men to odoro the Superintending Provi
dence of Almighty God. to acknowledge
with gratltudo their obligations for bene
fits received and to Implore such further
blessings as they stand In need of. and
It having pleased Him In Ills abundant
mercy not only to continue to us the many
bounties of His common providence, but
also to smllo upon us lu the prosecution
of n Just nnd necessary war. for the de
fense and establishment of our rights and
liberties, particularly In that He has beeu
pleased In so great a measure to prosper
tho means used for the support of our
troops and to crown our arms with the
most signal victory. It Is therefore recom
mended to tho legislatures or executive
powers of these United States to set apart
Thursday, the 18th day of December next,
for solemn thanksgiving and praise, that
with one heart and one voice the people
of this country may express the grateful
feelings of their hearts and consecrate
themselves to the service of tholr bene
factor and that together with their sin
cere acknowledgments they may Join In
a penitent confession of their sins, whereby
they had forfeited every favor, and their
humble and earnest supplication may be
thnt It may please God. through the merits
of Jesus Christ, mercifully to forglvi and
blot them out of remembrance; that It
may pleaBe Him graciously to shower His
blesslng3 on the Government of these
Stntes, respectively, and prosper the Pub
lic Council of the wholo United States; to
Inspire our commanders, both by land and
sen, nnd all under them with that wisdom
and fortitude which may render them fit
Instruments under the providence of Al
mighty God to secure for theso United
States tho greatest of all blessings Inde
pendence and peace; that It may please
Him to prosper the trade and manufactures
of the people and tho labor of the hus
bandman that our land may yield Its In
crease, to take schools and seminaries of
education so necessary for cultivating the
principles of true liberty, virtue and piety
under His nurturing hand and to prospei
tho means of religion for the promotion
and enlargement of that kingdom, which
consists of righteousness, peace and Joy In
the Holy Ghost.
"It Is further recommended that servile
labor nnd such recreation as at other times
innocent, may be unbecoming the purpose
of this appointment on so solemn an occa
slon,"
The next day the president of congress
sent the following letter to each of the
governors of the thirteen states:
York In Pennsylvania. Nov. 1. 1777. Sir
The arms of tho United States of America
having been blessed In the present cam
paign with remarkable success, congress
has rexolved to recommend that Thursday,
December 18, next, bo set apart by all tho
Inhabitant!) throughout the United States
for a general Thanksgiving to Almighty
Clod, and I licrcuy transmit to you the en
closed extrnct from the minutes of con1
MCMINAHV.
pop.
pop - what ! sheet music?
":A
m & w '
I Y J
(AU FORMA JiaYRlIP
LoviiavilleKy.
Fop aaje by &J1
Kress for that purpose.
Your Kxcellency will bo plcuncd lo take
the necessary menwures for ratrylug this
resolve Into effect in the Htntc In which
you preside. You will llkewl"i find en
closed n certified copy of the minute which
will show Your Kxcellency the authority
tinder which I have tho honor of address
ing you.
I am with great esteem nnd regnrd, sir.
Yojr Excellency's most obedient nnd
hfcmble servant. 1IKNIIY !,Al'HKNH.
President of Congress.
Henry Laurens before the revolution hail
been a successful .shipping merchant iu
Charleston. In 1774, whllo in London for u
time, bo was one of thirty-eight Americans
who signed a petition to Parliament In or
der to dissuade that body from pnsslng the
Ponton port bill, lie served one yenr as
president of congress, then accepted the
appointment as minister to Holland, hut
was captured on his wny there by a Brit
ish man-of-war off the const of Newfound
land. He was taken to Knglund, examined
by the privy council and for fifteen monthu
imprisoned In the Tower of London for al
lowed treason. He was Anally se't free by
the Intercession of Edmund Burke, the
great orator, and In 17S1 exchanged for j
Lord Cornwallls, who was captured at
Yorklown. Henry Laurens then went in
Paris and with Benjamin Franklin and
John Jay, In 17S2, signed the preliminary
treaty of peace between England nnd the
United States. This was tho Inst political
act of bis life.
The best bargains In tho paper arc on
the want' ad. page. Don't miss them.
SUPREME COURT SYLLABI.
No. 10IM. Wortlien against Johnson
County. Error from Johnson. Afllrmed.
llolcomb, J.
1. All criminal prosecutions must be by
and carried on In the name of tho state of
Nebraska. Sec. 21. nrttclc vl. constitution,
2. The liability of n county for tho per
riiem and mileage oi iierenuiint s witnesses
In a prosecution for a felony, even though
an nc(iilttui follows, must arise "by some
express provisions of the atatuto und not
by Implication.
3. Prior to the amendment In 1SS5 of sec
tion (51 of the Criminal Code, n county wns
not liable for defendant's witness costa
where he Is Indicted for it felony. Hewcrkle
naalnat GiiKe County. 14 Neb.. IS,
4. Under tho provisions of hcctlou tfil ns
amended a county Is liable for the per diem
and 'mileage of witnessed for llic defendant
lu prosecutions for u felony when the de
fendant hns beep convicted nnd Is unablo
to pay such fees, or where ho Is acquitted,
only when there have been llled In the case
the affidavits' required by thnt aectlnu nnd
an order of court entered thai such wit
nesses not exceeding tho number limited
be summoned and paid their witness feus
from the county treasury.
5. Petition held not to state a cause of no
tion. No. 1MT9. Dodds agulnst McConnlolc Har
vester Machine company. Error from Ong.
Affirmed. Holcomb, J.
1, A petition declnrlng on a promissory
note which Is copied therein and from tliu
allegations of which It may be Inferred that
the sum alleged to be due wuh due from
the adverse party to the plaintiff atatcH
a cause of action, although It la not al
leged lu dlroct terms that t ho sum claimed
Is due from the adverse party to tho plnln
tlfr. 2. When In the computation of Interest u
mistake Is made and more thnn 10 pur cent
Is charged tho contract will not for that
reason be declared usurious.
,1. Befor a contract may bo dMnrert usur
ious thero must be un agreement between
the parties to charge and receive a grenter
rate of Interest than that allowed liv lnw
4, Action or trim court in witnuniwinp: .
from the Jury tho question of usury hold '
proper. i
An Instruction, even though erroneous,
is without prejudice and no ground of re
versal where the party complaining would, '
In no view of tho case, recover on the Issue ,
covered by such Instruction, 1
6. a recovery on an niiegcu tucacn nr
warranty nein couiu not nc nan uncier inc
evidence In the case.
No. 10521. aoldsmlth against Wright. Ap
nenl from Douelas. Afllrmed. llolcomb. J.
1. Mere difference of opinion tuliiy bal
anced as to Ihe value of renl estate ap
praised mid sold In foreclosuru proceedings
Is not a good ground of objection to con
flrnutlon. No. 10546. Hatch against HhoUI. Appeal
from Dawes. Affirmed, llolcomb. J.
1. The legal title of mortgaged real prop
erty remains In the mortgagor pending the
confirmation of i halo thereof made under
a decree of foreclosure of the real cstnte
mortgage.
2. All payments made on the decree prior
to confirmation aruru to the benefit of
the mortgagor and the exeess of the Hum
for which the premises wold after deducting
costs and the amount of such decree with
Interest, less the payment made thereon,
should be paid to the mortgagor.
No. 1232.'. State cn rel Connolly against
Haverly. Mandamus. Writ allowed. IIolr
comb. i,
1, The board of county enmmlsiilonera In
counties having over 12o,('W population is
empowered by section 54, article I, chapter
xvlil. Compiled Statutes of 1M1. to alter
the boundary lines of thn different eonimls
sloner districts of such county for the pur
pose of adjusting such districts to tiiauulug
population not oftener thun once in tin t o
years.
2, Such alteration of district boundary
lines when made are prospective In char
acter and do not have tho effect of depriv
ing h county commissioner then holding
office from exercising the dutlea thereof for
the full term for which such officer wuh
lecled, even though l Ihe change of
boundary lines ucli officer's teKldenco In
without the boundary Huh of tint district
from which he was elected.
3, By ruch an alteration of boundary linen
.in officer becoming a resident of another
The Sole Annually of
Millions of Bottles
of Syrup of figs and the universal satisfaction
which it has given nttcst the fact that it possesses
the qualities which commend it to public, favor.
With the diffusion of knowledge of what a laxative
should be and a general understanding of the fact
that it should have a truly laxative 'and beneficial
effect and be wholly ftce from every objectionable
quality or substance, the large and growing de
demand fcr
Syrup( of Fiii'a
shows that it is destined to supplant the old-time
cathartics which were generally injurious and
usually disagreeable us well. In S rup of Figs one
finds a true laxative, simple and pie..ant to the
taste, gentle in its action and beneficial in ctfect.
In the process of manufacture figs ate u.ed as
they arc pleasant to the taste, but the medicinal
virtues of Syrup of Figs arc obtained ium an
excellent combination of plants known ;o be
medicinally laxative and to act most beneficially.
In order
To Get Its Beneficial Effect
Buy the Genuine Manufactured by the
l"i'.':vV
Sai Frdrvciisco, CaJ.
dru.i - t3i
V. SEATtLES.
"
mt. a.
VARICOCELE
Are you afflicted with Varicocele or Us reaulta Nervous Debility and Lost Mem
ory; Art- you nervous, Irritable and despondent! Do you lack your nld-tlme energy
nnd ambition? Are you suffering from vital weakness, etef There' la a derangement
of the sensitive organs of your Pelvic System, and even' though It gives you no
trouble at present, it will ultimately unman you, depress your mind, rack your nerv
ous system, unfit you for married life and shorten your existence. Why not be cured
boforo It Is too late? WE CAN Cl'ltli YOU TO STAY CURBD UNDER WRITTEN
OUAUANTKK. Wa have yet to see the case of Varicocele we cannot cure. Medicine,
electric belts, etc, will never cute. You peed expert treatment. We treat thousand
of cases where the ordinary physician treats one. Method new, never falls, without
cutting, pain or Iohs of time.
QTDirTIIRrHmni treatment, new,
a I mo I Infalltable and Kadlr.nl
and GLEET cure without Instruments;
no pain, nn detention from business,
URINARY Kidney and Bladder Troubles.
Weak Back. Burning Urine. Frequency of
Urinating, Urine High Colorad or with
milky sediment on standing; Gonorrhoea,
Oleot.
CVDUII IC cured for life and the polaon
d I rfllLIO thoroughly cleansed from
the system. SOon every sign and symptom
disappears completely and fornver. No
"BUKAKING OUT" of tho disease on tho
skin or face, Treatment contains no dan
gerous drugs or Injurious medicines.
Home Treatment
successful and strictly private.
Our counsel
CURES GUARANTEED.
CHARGES LOW
X. K. Comer nnunina
commissioner district does not thereby sue- '
eeed to and hold the office of commlscloner
from such other district after the explra-
tlon of the Incumbent's regular term of .
office. i
4, lu mandamus iirnccedliigH to comtiel n I
county officer to cull un election In one
commissioner dlntrlct u determination Hint
ii vacancy existed In such district because
the. coinmlHsloner elected therefrom hnd. I
by n chungo of bojindary lines, become a
resident of another district is not an ad
judication that such commissioner would
succeed the regular Incumbent from audi
other dlxtrlet upon thn ampliation of tho
lutter'a term of office, nor that no vacancy1
would e.NlM in such other district by reason
of the expiration of the incumbent's reij-
uiar term io nc nueu ai tin; succeeniiiB
general election.
K. Tim title to an office cannot bo tried
and determined In an application for a writ
of mandamus. Titiesdell v. Plambcck, SO
Neb.. 401.
fi. Tho Judgment or Dual order of a court
or of ii judgo Hitting at chamber must bo
founded upon nnd within the Issues made
by tho pleadings,
7. A peremptory writ of mandamus must
In all esfentlnl respects conform to the al
teruutlvo writ.
No. 01(C). Hce Publishing Company against
World Publishing C'ompnny. Error from
DoughiH. Judgment of afllrmaiice vacated,
lloverseil and remanded, llolcomb, .1. Sul
livan, .1., dissenting.
1. When Incompetent evidence Is admitted
to provo a fact not otherwise conoluslvuly
eMtuhllahcd ami It docs not a fllrntn lively
appear from the record t'.iat the luconi
petnt evidence did not affect unfavorably
to the objecting party thn verdict returned
by the Jury tho error In admitting Htich
evidence will be deemed prejudicial and the
Judgment rcveriied.
2. Where n (iiicntlon Ih asked a wltncsa
and tho adverco party examines such wit
ness nn to tho competency of the proposed
evidence and then Interposes an objection
to the qucxtlon which Is overruled and ex
ception taken und the witness Is again
asked tho same question, to which an
answer n given without further objection,
the objection made to the question first
tiHked and an oxceptlon taken to the ruling
thereon I suftli.icnt to present for revow
the admlvHlblllly of Hiich evidence,
The following opinions will not ba ro
port I'd;
102S9, CitljiC'iH' hank of Humphrey nguln'-t
HtoekHlager. Appeal from Plalte. Afllrmed,
Oldham. ('. Not reported.
1, All reiiHouiihlu presuuiptloiiH will be In
dulged In for the purpose of upholding the
regularity of tho proceedings of the trial
court.
2, If thero ') a conflict between the gon
rral nnd special lludlngx nindi) by thn trial
court the Mpeciai iiuuing win control.
:i, The icport of a referee ban no Judicial
force until continued by the cort.
4, finding of trlai court examined and
held to bo not III conflict with the Judgment
rendered.
10255. I.nngan against Parkhurst. Appeal
from Hall. Affirmed. Sedgwick, . Not
reported.
1. The pructlre. of procuring new triah
lu the dtxtrlct court ny petition In equity
on tho giound that a hearing In tho court
of last resort has been denied the applicant
without his fault, Is not looked upon with
favqr us n uuliHtltute. for review proeed
lues iu thin court, and such mllef shnu'd
only be grunted when the Hpnlleant for II
shows thai he huo flrtt used the utmost
ttw York, MY
Price fifty cervta per bo-tilc.
DOCTOR
Searles & Searle
(3
OMAHA
SPECIALIST
Most Successful and Reliable
Specialist in Diseaser-of Men.
WEAK MEN
(VITALITY WEAK) made so by too close
application to business or study; aavere
mental strain or grief; EXCESSES In mid
die life nr from the effects o! youthful
follies.
WEAK MEN OR VICTIMS TO NERV
OUS DEBILITY OB EXHAUSTION.
WASTING WEAKNESS, with EARLT
DECAY In YOUNG and AHUDLE-AGED,
lack of vim, vigor nnd strength, with or
gans Impaired and weakensd premnturslv
in approaching old age, All yield rapldlv
to our new treatment for loss of vital
power.
One personal visit Is preferred, buf if you
cannot call at my office, write us your
symptoms fully. Our home treatment U
Is froe and sacredly confidential.
Consultation Free.
Treatment bv Mai!
Dr.lWlos iTsearles, Omaha, Neb,
and Fourteenth Streets.
diligence In secklnc to have th can
reviewed In this court and that he has been
doulcd the review here without uny semb
lence of fault on IiIk pari.
No. WZ'. Drcxcl ngaliiNt Dougiiln ( ounly
Error from Douglas. Unversed, Dsv, O
Division No, 1, Itepoiltd,
1. Under the provisions of section 4;',
chapter xxvlll, Compiled Statutes of 1899. n
slintitf Ih not prrmltteii to employ assist
anta at the expense of tho county without
tho authorization of thn Board of Cohut,
Commissioners, prescribing, the number of
such astdstunts, time of service and com
pensation, 2. Whcro a sheriff, employs a stenographer
without the authorization of the Hoard of
County Commissioner ho Is not entitled
to credit lu his accounts with tho county
tor money paid to such person.
3. A Hhcrlff Ih not required to account to
the county for moneys received by him
whllo acting ns temporary receiver.
4, .The fee of SI per diem allowed to
sheriff's by tho Htato for conveying convicts
io the penitentiary and the Insane to th
Nebraska Hospital for the Inunno should
bo accounted for to tho county, The fee nl
lowed to guards and asslstuiltH he Ih not re
quired to account for.
Nu. !TOI. 1'lrlch against McConsiighey
Error from Hamilton. Heversed, Pounu, C.
Division No, 2. ltcported,
1. Where property hns been delivered to
thn plaintiff hi leplevln and defendant's
auHwer Is it general denial It Is not nece
sury that auch uiihwci' contain a prayer
for return lu order to sustain a Judgment
for return of thn property or Its value,
2. A plaintiff In replevin who by IiIh own
admission In open court Iihh disposed of
tho property delivered to him and Is not
able, to return it will not be heard to com
plain that a Judgment rendered .igalnsl
him Ih for the value of tlm property onl
and not altcrnntlve as prescribed by section
191 a. Code of Civil Procedure,
3. The fuel that plaintiff muy have dls
posed of tho property delivered to him
under tho writ ho that a return will not b
posslblo does not change the nature of the
"action so ii h to ohvhitn the requirements o'
section 191, Code of Civil Pioeedure, as lo
Iho form of the venllet.
4. Such requirements should be compiled
with In every case and failure to do so l
ground for reversul wherever the lindliik.'
required would bo of heiinflt to any party
In tho cause or whore tho nature or amount
of tho interest of the prevailing party Is In
Issue.
5. Hut If the nnt urn nf a defendant's In
terest Is not In IsHtie and his light of po
sesslon Ih equal In vnlue to the ownership
the value of thn nroptrly having been
found, omission to thul whether defendant
was owner or hail the right of possession
only Is' error without prejudice, Search v
Miller, tl Neb., 2'i, disapproved to thl ex
tent. (Norvnl, C. .1., dissenting,)
C. A partner cnnilot apply partnership
property to the payment of his Individual
liability -without the consent of his -copart
ner.
7. A deposition reguhiily taken nnd -tiled
lu a caime. not used by Ihe party taking it
may bn offernd and redd by Ihe other party
whether he participated In taking it 'or not
No, 10299. Pioneer Havings and Ian Co
against Mostcrt. Error from' 'Hag-'
Afllrmed. Norval. C J.
1. A foreign hulldlug nnd loan association
having to comply with the law of th'
'htHtn Is not entitled lo eufotco a contrnei
made within the stale.
