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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (July 25, 1903)
THE OMAHA DAILY BEE: SATURDAY, JULY 25, IPOH. 1 i SPECIAL MDTICES will t libra aatll IS sa. for the events altloa a III K III f. m. tow niinlii aad Bandar edllloa. Ralta, t 1-2 a word Irit laaertlaa. l a wora tnereaiter. netkia itk for less Ibai 2n for Ike first laser lloa. ThMt advertlseaaeata saaat raa roaaecatlvely. Advertiser, or reejacstlagr . tieretl rhrek, caa have iniwrii ad. flresaetl to aamberea letter la ear f The Ree. Uawtn addreeced will be dellrrred areaealatlna ( the cheek aaly. WAXTED-MAI.E HELf. THE SUMMER TERM V BOYLES COLLEGE ' ' la now open, yet It U not too late to enter. every uay la enrollment day. Business, shorthand, typewriting, Eng lish. Get a catalogue. H. B. iioYI.ES, President Tel. 1884. N. 1. L.1U Bid-., Omaha. B m , WANTED, for United Stales army, able bodied, unmarried men, between itgea of 21 and io, citizens of Lulled Hiatus, of good character and temperate habits, who can itpeak, rend and write English. For Information apply to recruiting of ficer, loth and Dodge Bis., Omaha, and Urand ialand, Neb. B J4176. BOOKKEEPER wanted, competent young man to keep city ledger. Must be good penman, nave practical excellence and cume well recommended, t.all at ottice of J. L. Brandels at Sjns, lG.h and Djug laa its. B 640 2 WANTED A cents to take orders for authorized "Life of I'ODe Leo XIII." Writ ten with approbation and blessing of hla holiness. Over boo pages. Elaborately Il lustrated, (sells at sight. Best terms. Hooks on credit: freight paid. Sample with full Instructions, postpaid free on application. Address Globe Bible Publish ing Co., 723 Chestnut St., Philadelphia, Pa. it .vinos AiX WILL give a worthy young man or woman a paid-up scholarship In Omaha's leading business college, to be paid for when course Is flnlHlied and position secured. Address B 26, Bee. u eiu A FOSSIL 18 VALUABLE, but not In busi ness. Are you becoming fossilized? Can you earn more money 11 in tne rigni place? If so, wrlto us for plan and book let. We have openlnsrs for managers. superintendents, bookkeepers, salesmen, etc. Executive, clerical, technical: high trraile men of all kinds. Openings for col lege men. Hapgood (incorporated), Bulls 630 Alonadnock Building, t. nicago. u V A1N I I . u, a strong uoy in nil uri'iti uiirin, permanent position. Midland Glass and Paint Co. B M62 25 WANTED, a rood man for bench work, re pairing, etc.. In shoe store; also to wait on customers If necessary. Chas. E, White & Co., Corydon, la. B M619 M WANTED, competent abstracter of land titles; atate experience and salary wantea. C. C. Sedgwick 6t Co., Sloux City, la. B M616 2tix WANTED, men everywhere; good pay; to distribute circulars, adv. matter, tack signs, etc.; no canvassing. National Adv. Bureau, Chicago. B M616 2tix MAN with references, for commercial trav, eler. to call on merchants and agents I experience not required; salary 3-4 per ilweek with expenses advanced. National, ?.H Dearborn at., Chicago, H MnI4 2fx WANTED SALESMEN. IF YOU ARE A SALESMAN and making leas than 8J6.00 a week, write us today. We are selling groceries to farmers and other large buyers at wholesale prices. Good hustlers can make up Carload lots at every town In the agricultural state. Profit are laraer than In uny other line, trade permanent, work pleasant and healthful. For full particulars address George Meldrum & Co., 68 N. Green St., Chicago, ill. . at dm --ox SALESMAN First-class, for Kansas and Nebraska, to call on the drug and hard ware trade; salary and expenses to right man Address, giving particulars as to past experience, salary expected, etc. J as. nee. i 1 WASTED FEMALE HELP, WANTED, at onue, girl for general house work; wages V' to to for competent cook. 21 South 8otn ove. u 01.104 too Girls. Call Canadian office, lita & Dodge. nil COPY letters at home; 312.50 paid weekly send atamped envelope, sample letter. Eureka Co.. 23 Duane St., New York. C M003 A2x GIRL for general housework; three In fanv ily; wages it a week. mm r. ztn pi. C-623 28 POIl BENT HOUSES. HOUSES In all parts of the city. H, C. Peters at Co., Bee Bldg, FOR RENT. 7-room house, all- modern ex cept furnace, i04 N. 30th su, W. C. M. ttacaman, mo-ji -uaiuu uik. u ja HI IQP In all parts of the city. The O. .W W J i- jf . DHL VIS Co., 606 Bee Bluc. A IteS PAYNE-BOSTWICK A CO. Choice houses. Sul-6u3 New Yoik Life Bldg. 'Phone luio, D 60 WE MOVE Dlanos. MagKard Van & Stor age Co. Tel. ltW- Ollioe. 1713 We biter Su 1 oU FOR RENT, ten-room modern house near High school. No. 412 North 22d street. In quire next door or at 41 N. Y. Life build ing. D W6 CENTRAL, lst-clu3s 7-roora house. 2) N. 83 D-M477 HOUSES. Insurance. Rlngwalt, Barker blk. U 147 TWO (-room houses, all modern, $18. uO. C. U. Bachmann, 436-37 Paxton block. D M7g TO MOVE right get Omaha Van Stoioge Co., olllce llla Farnain. or Tela lioJ D to 4-ROOM house. 832 8. 21st St. D 6d Ux TEN-ROOM brick, furnace, gas, bath; everything complete. 114 N. 2uth St. D 612 80 x FOR RENT FIR NICHED ROOMS. DEWEY European hotel, Uth and Farnam. E lu ROYAL HOTEL. European, liith & Chicago. E-l Ji ll. 00 to IM per week, 422 H. 18th St.. one block south of court house. E lii NICE cool room, modern, very reasonable; Gentlemen prefclied. 1426 N. i'llh. E-207 NICE cool rooms. 115 So. 20th, 86 up. . . E-8C 26 O. M. E. hauls trunks. Telephone SU. . K Bt FRONT and other desirable rooms, bath, cool and centred fur gentleman. 1617 Cass kt. E MS07 a4 AETNA HOUSE. European, 13th A Dodge. E 17u Hotel Hubbel. Uth t Howard; 'phone Zlki E-MlK A I NICE ROOMS, light housekeeping. 1113 8. Uth. E M415 118 N. 17TH Cool front rooms for two. E-M444 AU NICELY furnished rooms. Inquire Omaha itrnm laundry, 1751 Leavenworth. Plmne .Ai.bj. as a MCE rooms; i FVR RENT, n modern. 1580 Harney. C .AlOU 4S nice cool furnished rooms In modern house with private family. 614 South 20th. E-ell Si ROOM 8160 to H per week: board 83. Thurston hotel. 15th end Jackson His. K-M-UT A4 riRNISIIED ROOMS AND BOARD. r THE KENWOOD Wit Farnam Street i'Uoue svu. FIRJISHED ROOMS AS D BOARD. DESIRARLE rooms at the Pratt. 212 & 25th Ave. F M14S 37 THE ROSE. 2nro Harney, nice cool rooms. good board; rates reasonable; also meal tickets. F MS2S-A1 ROOM and boaM. small cottage, good home for lady. 13.60 per week. 614 N. 2th St. F- Ms VERY nicely furnished, plesssnt. cool rooms. 2B27 Harney St. F M595 29x DESIRABLE rooms, the Farnam, lth and harnam. 174 60 8. 2STH AVE.; private family. F-175 FOR HEJfT-l Fl RMII1ED ROOMS. TWO OR THREE unfurnished rooms In modern house; references exchanged. 2i-J Jackson St. G AlibT 2t THREE beautiful modern, cool housekeep ing rooms. 6itt Bourn zd. u wuv- FlKKITtRE PACKI5U. PETERSON & LUNDBERG, U6 So. 17th. Tel. L-aJis. H W6 FOH HEM r STORES AMD OFFICES. FOR RENT, the building loriueny occu pied ty liie lie at io caruaui ou 11 iui lour stones and a basemeul wiucu was luniiti: uaed as The ee piesa room. 'Una will u rented very reauunauly. If lmeieaied apply at otliue of c C Rose waier, secrtutty, rouui lUt, Bee buliuin. 1 ink FOR RENT, building suitable for whole- s.i.e purposes at Farnam, juw, lour sioilea aud nrsi-class cuiueiited basaineui, elevator, tire and burglar proot vault, 'ittice courier and fixtures. For price and particulars Inquire C. C. Roaewater, sec retary the Be- Building Co., room luo. Bee building. I Mioi AGENTS WANTED. WANTED, canvassing agents In every county to solicit auoaci iptioua to int. TWENTIETH CENT UK FARMER. SiVady employment with assured good In come. Agents in the country who noise and buggy especially deaired. Canvassers make easily fM to IliAt per month. Ad dress Century Farmer Solicitors' Bureau, Bee building, Omaha. J 21 AGENTS wanted to sell the "Life of Pope Leo Alll, written witu tne encourage ment, approbation and blessing of Ills Holiness, the pope, by Monsig nor , Ber nard O Reilly. SJ1 Paxton Bldg. J M364 WE have all of the different Pope Leo XIII books. Best terms, rreittm pain; outfit free. Call or write W. A. Ilixen baugb at Co., 600 Ware blk., Omana. J M862 WANTED Agents for the authorised life r,t I.e XIII. bv Father James J. McGov- ern, D. D. Approved by and Issued un der the official sanction of Archbishop Qulgley and endorsed by Cardinal Gib bons. Every American citizen, regardless of his creed, will be Interested In reading a complete history of Pope Leo, contain ing large portions told In his own words. Including the encyclical letters on religion, marriage, divorce, education, freemasonry, labor, etc. Illustrated with beautiful colored and half-tone pictures. Best terms. Freight paid. Outfit free, on receipt of 25 cents to pay express. Ad dress American Publishing Co., Omaha, Neb. J M668 WANTED General arents to' travel and appoint agents to sell life of Pope Leo XIII In Iowa, Missouri, Kansas and Ne braska. Salary and expenses, write to day for particulars. American Pub. Co., Omaha. Neb. JM- 29 t.tttr: nf Pone Lo XIII. Arents get busy at once. Our book la authentic and en dorsed by the church. LiDerai terms, Outfit free. D. B. Zlmmer & Co., N. Y, Life Bldg., Omaha, Neb. J-678 24x IMPORTANT LIFE OF POPE LEO XTII. llnlv official and authentic work published. Contains large portions told in his own words. Beautiful 12-color memorial litho graph free to each customer. Published In Kne-lish. French. Italian. Spanish. Ger man and Dutch. Best terms. Beautiful outfit free. Call or write M. Zlmmer, E23 N. Y. Life Bldg, Omaha. J MB94 26 AGENTS wanted. Life of Pope Leo XIIT. Over 800 pages. Nearly 200 Illustrations, Full account of funeral ceremonies Books on credit; freight paid; special terms.. Published In Ave languages. En dorsed bv eminent Catholics. Colored portrait and outfit, containing 100 Illustra tions, mailed free. Address Catholic Book Company, 1017 Chestnut street, Philadel phia, Pa. J-M598 25x AGENT8 Catholic agents, attention! "Life of Pope Leo XIII," only authorised edi tion; written by the pope's order by Mon slicnor O'Reilly; endorsed by entire Cath olic !Hlerarchv; price 82.60; large colored portrait worth 1100 free to subscribers. Agents wanted: highest terms; Immense demand; out'H free. Internstlonal Publish ing Co.. 44 N 4th St., Philadelphia. J-M607 SOx POPE LEO XIIT Memorial Picture now ready; beautiful; new: nothing like It: agents make $5 a day; every Catholic wanta one; sample postpaid 25 eta.: nine for .11; 100 for $9.60. J. Lee. Omeha Bldg., Chicago. J MH21 2i;x WANTED TO BUY. WANTED, to buy, some ood dental chairs. Union Dental College, N M574 t 76 H. P. BOILERS: 1 65 II. P. double drum haulage engine: 1 small electric' light plant; 1 10-foot exhaust fan. Address J 27, Ree office. N M.191 2Sx FOR SALE FURNITURE. CHICAGO Furniture Co.. 1410 Dodge. Tel. 2020. New and second-hand bought, sold, exchanged O 180 FOR SALE, one large six-passenger closed tainlly carriage, one lartre open family carriage, one large plutform-spring spider phaeton: all rubber-tired; two double sets of harness, one silver mounted, and one single set of harness. Call Frank E. . 1 Moores, City Hall O M61 loll MALE HOUst-S. WAtaONS. ETC, HAVE your rubber tires set while you wait. 11. Frost, 14th and Leavenworth. F-lal MONROE sells Pleasure vehicles at 811 N. loth at. P-M801 FOR SALE, pair standard bred mares; can be seen at Hoffman's, 1Mb. street stablea. William A. G. Cobb. P 6S0 24x FOH SALE MISCELLANEOUS. FOH SALE 1.600 feet ol econd-hand wire rope. In good condition. Apply to or address "buperintenuetii of Bee Build ing, Omaha." VtM.'ek .SEW and Zd-hand typewriters. 1118 Farnam. Q-lao 1D11AND safe cheap. Derlght, HIS Farnam. FOR SALE Second-hand Locomobile, In tirat-cias shape, at one-hulf price. Call or address 16-1 Farnam St. Mr-ia FOR SALE Empty Ink barrels. 26 cents each, large, well made barrel, make nrst clasa garbage receptacles. Fred Youngs, foreman Bee press room, rear entrance Bee Bldg. Q-M431 INDIAN goods and relic. 1119 Farnam. Q-133 FOR SALE A new 800 ampere double pole switch: never been used. Apply to or ad dress "Superintendent Bee Building, Omaha." Q-M7S7 TELEPHONE poles, long fir timbers; chicken fence; oak piling. Ml Douglas. Q-laJ FOR BALE Crane hydraullo elevator; caa be used either passenger or freight; com plete, Iron guide poata, cage and wire en closures. J. L. Urandela & Sons. Q 6M IRON and wire fenees, tree guards, trel lises. Western Anchor Fence Co., 103 N. 17th SL Q-1M FOR BALE. No. 3 Hubbard portable bake oven; only used three months; good aa new. Write lock box Jo J. Glenwood, la. J M573 Z8x FR SALE. good, large, rangy, bay horse. See Panu, Boatmlck ft Co., Gul-3 N. Y. Life Bldg. Phone 1011 Q-679 24 PHOTOGRAPH CAR Rose's Art store for sale. Apply CATAIXX1UE cut drug prices free. Sher man at McConnell Drug Co., Omaha. W-18 FOR 8A1.B Shetland pony. 43d and Center SIS. ICi. t UO, Vv-lb-a S6X OUR AD MEN WILL WRITE YOUR WANT AD SO AS TO BRING BEST RETURNS. TELEPHONE 238 AND ONE WILL CALL FOH SALE MISIKIXAKKOI. WAREHOUSE scales cheap. Ram I Burns. Q M934 Ail a.OPO BRICK for sale. W. Farnam Smith Q-56 Co., 1320 Farnam St. FOR BALE Coal business. Capdal re- quired, S2.U0O.Of). J 21, Bee. ALMOST NEW Remington Typewriter No. t; cnenp. t eiepnone u 2oi. y-.M:.1) .ti FOR SALE Great Dane pup. R. Erlksen, Q MiilS A7x Newman Grove, Neb. CLAIR VOYNTS. MME. LUCRET1A, medium. 170 California. 8 bos A4 MRS. CARRIE SMITH. SOVEREIGN LADY QUEEN of clairvoyants: every thing told; past, present and future. Sat isfaction or no pay. 807 N. ISth. 8 10 ELECTRICAL TREATMENT. GRACE O'PRYAN, Baths. 720 S. 13th. T-MtiM MME. SMITH, balhs, 118 N. IS, 2d floor, r. i MISS HOWARD, elegant massage and vapor baths; alcohol rubbing, tut N. 15th, flat E. T M1'66 al MRS. DAVIS, 1621 Howard St., front rooms; iud cam; nrst-ciaaa attendant. T M411 AS PERSONAL. DR. ROY, chiropodist; corns and superflu ous nair removed Dy electricity, it. it ana 2s 16o6 1'arnam su U 11 VIAVI, a wholenome nerve and tissue fooj and home treatment for disorders of women. Free booklet. Vlavl Co., 848 Bee Bldg. u-m MAGNET PILE KILLER. At druggists, 'SI- IT CURES. U 196 PRIVATE home during confinement; babies adopted, itie Good Samaritan panitanum, 74i 1st Ave., Council Biuffa, la. U 1M CHIROPODY, manicuring, scalp, facial, hygiene and speciul massage taught and practiced. A. Mayer, 612 Bee Bldg. Con sultation free. Use Re-No-May Powder. U-ISB PRIVATE hospital before and during con finement; babies boarded and adopted. Mrs. Gardels, 24 Lake. Tel. Red-ISM. . U M24 TELEPHONE 780 for O. M. E. messengers. U-200 ECZEMA SALVE that cured W. A. r-axton. B J. Scannell, agent, 603 Ware block. U-M387 M 130 WE CURE RUPTURE FOR 830-NO detention from business; 15.000 cured patients; send for booklet, eto. Empire Rupture Co.. New York Life bids., Omaha, Neb. U 1 PRIVATE Santltfirium for ladles before and djrlnir confinement. Dr. and Mrs. Geiisch. 3t5 California St. Terms reason able. U-831 Jy25 PRIVATE hoepital before and during con- i flnenient: nest medical care anu nursing. Mrs. L. Flaher, 1501 Vinton. Tel. 1SS9 PERSONS' holding ten-year bond contracts In anv company can learn something of vital Interest to themselves by address ing box 258, Des Moines, la. U MG02 2'x REV. GUSTAV EPHRAIM, healer; free will offerings. ISIS Dodge St UONEY TO LOAN HEAL ESTATE. WANTED, city loans and warrants. W. Farnam Smith Co., 1320 Farnum street YV 4)1 WANTED, cltr and farm loans; alao bonds and warrants. R. C. Peters & Co.. I7ul Krnam hl. xiee xiiuk. ' ' FARM and city loans; low rates. W. H. Thomu. First Nat l Bank Bldg. ,Tel. 1648. W 203 PRIVATE money. Sherwood. S37 N. Y. Life W Jv4 4 to S P. C. money. Bemls, Paxton block W 203 FIVE PER CENT loans. Garvin Bros., 1804 Farnam. W 200 PRIVATE money. F. D. Wead. 150 Douglas. MONEY TO LOAN CHATTELS. EASY TO GET TO PAY Best explains our methods. We loan on furniture, pianos, warehouse receipts, etc. Or If you nave a permanent position we tm make you a liALARY LOAN without security, except your own agree ment to repay. Our service Is quick and confidential and we always try to please. All that we ask is that you give us a call before you borrow elsewhere. OMAHA MORTGAGE LOAN CO.. 119 Board of Trade Bldg. Tel. 2-'96. (Established 1892.) 306 So. loth Sc. X 209 MONEY To aalurled eiulujea M.d wage earners: Get our svsteui ul loans that gets you out of debt. Any lady or gentleman, machinist, engineer, etc., having tellable employment can get, juai on his nule: Half- Monthly. Monthly. Weekly. 1100 Return to us... V-'O.wi or $13. or' $6 5 $ 6o-Return to ua... 13.33 or 0.65 or i 3a i za Keiurn m u... u 1 TILL-.rr i.. us... 4.00 or 2.09 or 1.00 Easiest terms, iowei i". i,i.iiuii....i. No Inquiries, yuisa aeivicc. .ik THE STAR LOAN CO.. C44 PAXTON BLK. CASH IN ANY AMOUNT-310 to 500 loaned on furniture, piauoo. . Kv,,..- holding a steady position, without secur ity or publicity, at the very lowest rates; tiuymenls can be made to suit your con venience; strictly confidential. RELIABLE CREDIT CO.. Rooms 307-IK8 Paxton Block. X M570 MONEY LOANED ON FURNITURE. PIANOS. LIVE STOCK, SALARIES, ETC. Low rai nd easy terms. Business Confidential. Trr us if you want to save money. PHOENIX CREDIT CO.. 633 Paxton Block. 16th and Farnam 8ta. LARGEST BUSINESS IN LOANS TO SALARIED PEOPLE, merchants, team sters, boarding houses, etc.. without se curity; easiest terms 40 nrhces In prin cipal cltlts Tolman, 440 Board of Trad Bid-. x-ns MONEY loaned on plain note to salaried people: business confidential; lowest rates. (14 Paxton block. Th J. A. Hutton Co. X 213 CHATTEL, salary and Jewelry loans. Foley Loan Co.. sue. to D. Green. R. 3. Barker hk. X-215 MONEY loaned on pianos, furniture, lew elry. horses, cows, eto. C. F. Reed. V 8 11 X 1 Bl SIN ESS CHANCE. FOR BALE, by administrator, good clean stock of geueial merchandise in good brick building in good location, ready to begin business al any time; Invoice about H,OO0; must be sold soon. Call on or sddres 8 W. Chambers, administrator, Blair. Neo. Y-M 871 FOR BALE, at a bargain, bakery and con fectionery; good location; elegant soda fountain, fixtures and furniture nearly new; will sell on one year's time, with appro veil security. Addreas Mrs F. E. Baker. West Point. Neb. Y Mn64 25 FOR BALE Clean, new stock of general merchandise snd building: Invoice about 87.UO"; well established trade; good com munity. Addrt-aa J 34. Bee. Y M6u6 A4 FIRST CLA8S bualneaa opportunity In Ne braska and adjoining atatea; from l-KJ to 110.0 caah capital required: this la no mining stock or gambling acheme. but a straight, legitimate snd erinanent bu-t-ness For full particulars address N. R., care of box 770, Hillaboro, O. Y M20 26x THEN you want to buy, sell or exchange I any property or business quick, are J H. J I x-ai jonnaoa, rts tt. x. uu. ijiim:ss ohm em. FOR SALE Real estate, rental and In surance business. In boat county In Ne braska; a snap for a man with a little money and some push. Established ten years. Address lock box 845. VY Inside, Neb. - Y-M6 A FOR SALE House and furniture; only t lay house In town of l.fcti; best location In northeast Nebraska. For further par ticulars, write to H 6!, Omaha, Neb. Y-Mt&l 29. FOR 8AI.F. Coal stock In good Colorado mine. W. S. Butterbaugh. Delta, Colo., for F. W. Ford, UU W. 4oth ave., Den ver, Colo. Y M13 26x FOR SALE REAL INSTATE. WILLIAMSON FanVtreil' RE 218 W. C. CHISSELL. 833 N. Y. Life Bldg. RE M3ti A7 FINE RANCH, bargain; 2 Vq acres, 227 cattle, 12 hordes, good Improvements anl machinery; lu mih-s f nons. large lake; l.iO tons hay; prce, MJ.ooJ. Box lli. Bur well, Neb. RE MlS2 25x. 10-ROOM modern house. 11 blocks from ostofflce for sale cheap. Iu8 N. 15th. enewa & Co. RE 220 NO. 135 8. 32D AVE. Splendid house, fine location, good barn, etc.; will soil at a reasonable price for short time. Graham & Ure. Bee Bldg. RE ioi 2a HOUSES and lots In all parts of city; also acre properly end farm lands The O. F. ' Davis Co., Room 608. Bee Bldg. RE 221 RANCH and farm lands for sale k" the Union Pacific Railroad company. B. A. McAllester. lund commissioner Union Pa clllu Headquarters, Omaha, Neb. RE-21 SALINE COUNTY farms are the best. I have some bargains. Write for particu lars at once. F. G. Johnson. Dorrhester. Nob. RE M692 AZ2. Tukey & Son Want to Buy For Customers Five Cottages Muit be well located and have full lot with each house. Owners or agents who have such houses it the right prices will find cash cuslonierj by notifying us. A. P. TUKEY ft SON, 444-445 Board of Trade. RE-600 25 ACCORDION PLEATING. GOLDMAN, 200 Douglas block. M 772 BALE TIES. OMAHA Hay Bale Tie Co.. 811 North lHth. -ivi CARPET CLEANING. A K. JETT calls for carpets. Tel. A-JJot. - M2S0 AI CARPENTERS AND JOINERS. ALL kinds'of carpenter Work and repairing promptly attended to. J. T. Ochiltree. 2uth end Lake streets. 870 DETECTIVES. CAPT. CORMACK.H7 Karbach block. Tel A-m 22 EXPERT ACfOlNTANT. G. R. Rathbun. room. Ji Com'l NaL Bank er a 227 FLORISTS. HESS & BWOBODA. 1416 Farnam. 228 U HENDERSON, florist, 14115 Farnam St. FIRNITIRE PACKING. GATE CITY Upholstering Co., woven wire springs tightened. . Tel. B-2075. 1705 St. Mary s Ave. ' -63 GARBAGE. ANTI-MONOPOLY GARBAGE CO. clean! cesspools und vaults, removes garbage and dead unimala at reduced prices, nil N. llilli. Tel. 17.8. 230 GOLD AND MLER PLATING. OMAHA PLATING CO.. Be Bldg. Tel. 2536. LAWN MOWERS. SHARPENED. P. Melcholr, l3lh & Howard 23J LAWNMOWERS sliurponed, saws filed, umbrellas repaired., keys, etc., M N. 16th. Tel. 2974. . . 233 LAW AND COLLECTIONS. b 1 ILL i! AN" & PRICE. 23 U. S. N'l B k. bid. 4 NEW SNOW-CHURCH CO.. 1st floor N. Y. Life BUg., attorneys iud collectors every, where. 2.16 IdACFARLAND & MAY. New York Life Bh't'.. room ail. 'Phone lull. -3T. LUST. STRAYED, dark brown horse; sear on left Bide. Schlaller, 2331 Military Ave. I- Ml'SlCAL. 1HOS. J. KELLY, voice. Davldc Block. 369 OMAHA COLLEGE OF MUSIC, 316 Ramga Blk.; summer term. Apply F. H. Wright, Lu L. C. M., Director. Phone U01. -617 30 MEDICAL. DR. NEIBERGER'S SKIN LOTION cures Prickly Heat. Barbers' Itch, Chlggers, Poison Ivy. Poison Oak, Ulcers. Plmphs. Scrofula Sores and all fck.n Eruptions. I'rlce, 81. uo per bottle. J. C. Northcraft, l'rop. and Distr., orpheum pharmacy, 3ul W. Ninth St., Kansas City. Mo. Mi.n0 29x. OSTEOPATHY. GID. E. ALICE JOHNSON, osteopaths. Suite 615, New i urk Lite Bldg. Tel. 14 234 The Hunt Inflrmtry. McCague Bldg. T. 2353. 2) Atren & Farwell, Paxton Blk.. 804-7. T. 1366. -M241 DRS. FINCH & MILLER. 124 8. 25th St IS1 Dr. Grace Deegan. 609 McCagu. Tel. l 264 PAWNBROKERS. EAGLE Loan Office, reliable, accommodat ing, all business confidential. 13ul Douglaa 6tl PATENTS. H J. COWOILL No fee unleas successful 318 8. Uth St.. Omaha. Tel. U9S IV RUG MANUFACTURING. OMAHA Rug Factory, 16.1 Leaven. Tel. 206S. 142 When You Write to Advertisers remember It only takes an extra stroke or two of the pen ro ini-uuuii the lacl iut yua saw th ad In Th Bee, bllORHIA.M) AMI I I PEWRI riti. A C. VAN SANT'S school. 717 N. Y. Life. S4S fc'KR. Busineus A Shorthand College. Bovd'f Theater. 4 STAMMERING AUD STITTER1XG. CURED. Julia Vaughn, 430 Ramge Bldg. :n STon AGE. OM. Van Stor. Co., 1U1 Farn. Tela. lS0n-:2 TICKET BROKERS. CUT RATE railroad tickets everywhere. P. H. Philbln, 1M Farnam. 'Phone 7M &J THINKS AND BAGGAGE. THE DEPOT on time. O. M. E. Tel. 70. S51 POSTOFFICE NOTICE. (Should be read DAILY by all interested, aa changes may occur at any time). Foreign mails for the week ending July 26, 193, will clove tPKOMI'TLY In all cases at the general puslullK-e. us loliows: i'ui-ccld-post malls close one hour earlier than closing time shown below. Parcels-post mails fur Germany close at 6 p. m. Aionuay. Regular and supplementary malls cloao at Foreign Station half an nour later than closing time shown below (except that sup-' plomentary mails for Europe and Centiil America, via Colon, close one hour later at Foreign Station;. Transatlantic Malls. SATURDAY At 7:S0 a. m. for SCOTLAND direct, per a. a. Columbia tmall must be directed "per a. s. Columbia ); it t a m. for BELGIUM direct, ptr s. a. Vaderlaud (mall must be directed "per s. s. Valer iana '); at 12:30 p. m. (supplementary 2 p. m.) for EUROPE, per a. a. Cunipanla, via Wuetns'.own. PRINTED MATTER, ETC.-Thls steamer takes Printed .Matter, Commercial Pa pers, and Samples for Germany only. The same class ot mill inntler lor u'her parts of Europe will not be sent ny nils ship unless specially directed by her. After the closing of the Supplementary Transai Iantic flails named .move irii tlonal Supplementary Malls are opened on the piers of the American, EnRlish, French and German steamers, and remain open until within Ten Minutes of the hour of sailing of steamer. Malls (or Sooth and Central America, West Indies, Ete. SATURDAY At 3:34 a. m. for BRAZIL, per s. s. Syracusa, via Pernambuco and Santos (mall for Northern Brazil must be directed "per a. s. Syracusa "i; at 6 3u a. m. for ARGENTINE. URUGUAY and PARAGUAY, per a. s. Casllda; at 7 30 a. m. for NEWFOUNDLAND, per s s Silvia; at 8:30 a. m. (supplementary H ai a. m.) for PORTO RIOu. CURASAO and Venezuela, per s. a. nv. J, "H for Savanllla and Carthagena must be directed "per s. a. Caracas"); at 9:30 a. m (upplemcntary 10:30 a. m.) for piih TUNE ISLAND, JAMAICA, SAVANIf I V ?"d A.iAIHNA'."frv.8- ;, Altai tmall 'A'T1 UtDi., per s s. Athoa (mall for Savanllla must oe directed "per a. s. Athos"); at 12-'to Havana'.0 CtBA' PCF 0ll via Malta Forwarded OrerTanA, Etc., Ex cept Transpacific. CUBA-Bv rnll to Port Tempo, Fla.. and thence by steamer, closes at this office dally, except Thursday, at 15:30 a. m (the connecting malls close here on Mondays Wednesdays and Saturdays). MEXICO CITY-Overland. unless specially Sndmil?pUm P- m' BUnduy- " 1 NEWFOUNDLAND By rail to North Syd ney, and thence by steamer, closes at this office dally at 6:30 p m. leonne.:lng ma a SaTurdal? evclVlonu-- Wenesdly and JAMAICA By rail to Boston, and thence by steamer, closes at this oflVe. at 6 aS p. m. every Tuesday and Thuradav MlQUELON-Bv mil to Boston ", hence by ateamer, clofces at this office daily at 6 :30 p. in. BELIZE. PUERTO CORTEZ and Bl'iTr MALA-By rail to New Orlesna and i1r.Pe.3L",c'Sm,T' clo'"" tt thls'omc. ""f' at ;i;so p. m. and . r. , t ,4. p. rn ana fill COSTA RICA By rail to New Ori-,n. n.i .V.Tr:..c,. t thi,n"oSico .lT:80'p:m::s,,ndat,NV;Panm an.7liniCp.nf,,?,aU'C'OS,; here troeug,i8day.d W,tt" tlOBe' " 6 P- m' Pr- Traaspaeine Malls. CHINA and JAPAN, via Seattle closj here dally at 6:30 p. m. up to July limn inclusive, for despatch per s. s. Shliiaiio Maru. HAYAI1'. vla San Francisco, close her dally at 6:30 p. m. up to July uuih. lu- -h1"''0! C,efW!l$ r Alameda. JNA anaL JAI 'AN. via Vancouver and Victoria, B. C, close nerc dally at li JO p. m. up to July J2ist, inclusive, for des patch per a. s. Empress of India. (Mer chandiae tor U. S. postal Agency it 8hangnal cannot be luiwardeu via fan. ada. HAWAII. JAPAN. CHINA and especially addressed mall for the PHILIPPINE loKnuuo, i ami xrancisco, close here dally at 6:30 p. m. up to July jjtith, . I I.D, It. , U , UCBI spatcn per a. a. Nippon Maru. PHILIPPINE! 1ST IVhO i o. - : - , u, ir oan iran- clrco, close here dally at e ai p. m. up "o July -7th. Inclusive, for despcttch per l; 8. Transport. " u' CI.NAa 7,,nd ,JA?AN- vla Tacoma. clos here dally at t.:3o p. m. up to July liotn Inclusive, for despatch per s. ohmoia NEW ZEALAND. AUSTRALIA (Vxeeoi West), NEW CALEDONIA. FIJI sX MOA snd HAWAII, via San Francisco close here dally at 6:30 p ,n Gpo gust list. Inclusive, for despatch Dera s. entura. (If the Cunard s'eamer carl rying the British mall lor New Zealand does not arrive In time to connect with this despatch extra, malls closing at 6-ii a. m. 9:30 a. m. and 6:30 p. m.; Sundavs at 4 :30 a. m 9 a. m. and 6:30. m -win be made up and forwarded uiull the ar rival of the Cunard steamer.) HAWAII. CHINA, JAPAN and PHIf IP. PINE ISLANDS, via Ran Fr.inH cms. here daily at 6:30 p. m. up to August tU I TAHITI and MARQUESAS 1SI.AnEs. vuI . i.iii lam, o"w nere u.iry at 6-JO p. m. up to Auguai ,0th. Inclusive, for despatch per a. a Mar.poja. AUSTRALIA lexi-epl V'en) FIJI ;SLANDS and NEW CALEDONIA via Vancoiier nna li iotl.-i h i rio-i.' here daily at 6.30 p. m. up to August (loth, in clusive, for despatch per s. s. Aorant;! NOTE Unleas otherwise addressed. West Australia Is forwaided via Europe, and New Zealand nnd Philippines via S in Fran elbco the quickest routes. Philippines specially add i ebbed "via l anada" or via Europe" must be fully un,..d at li for eign rates. Hawaii is rotvardec via San Francisco exclusively. Transpaciliu malls are forwarded to port of sailing daily and the schedule of closing la arranged on the pres'imptinn of tnelr uninterrupted overland transit. IRegistered mall closes at t p. m. previous day. CORNELIUS VAN iVyr-r. Postmaster. Postofflce, New York. N. Y.. July 19, 19)3. GOVERNMENT AUi'iCfela. PROPOSALS FOR FRESH VEGETA blea oitice Pjrchaaing CommUaary U 8 Army, Army Buliuing, Omana, Neb ' July 2o, 1MB. Staled prupoal, in dapllute Wlil be received until u o c.oek u m July 3u, 13. at which time and place they will be publicly opened lor furnishing aj delivering such quantities oi livau lo.a toes, unions, cabtage and lieeta aj may be reijuirud by the Subsistence Ut-purinuiit Ht Omaha. Neb., during the month ot August lsoj. Information furnished on application' Envelopes' containing proposals stiould bi endorsed. "Proisuis fir fresu vegetables" to be oieiied Jaly 30, 19u3." and addr.-ssed to the undersigned. W. II Bean. Major Commissary, purchasing Commissary. ' 2oEjtm SEALED PROPOSALS ADDRESSED TO Muses Harris, general treasurer Na tional Home for D. V. 8., In care of Thomas R. Kimball, architect,- 6ti3 McCague build ing, Omaha, Nebraska, aiU be received at -.... k ue Direc ted "per s. s. Altai"); at 10 a. m. ior CUBA ner s. s. Morro Castle, via Havana: at'll-Vi a. m. (supplementary U:3o p. m l f,?r I IN AOU A. HAITI and 1 SUPREME COURT SYLLABI The following opinions will be officially reported: l.W?. Hart apalnst Dietrich. Appeal from Box Butte. Reversed and dismissed. Pound, C. Division No. I. A partner who without natlce to or knowl edge of his copartners tales substantially all of the ready money of the firm end absconds, remnlnlng away eluht months without disclosing hla whereabouta. has no standing In equity to drmand sn account ing after his copartner has wound up the business and paid the partnership debts 1i9. Kohout agilnst Ch'iloupka. Error from Saline Aliirmed. Kirkpatrlck, C. Idvislon No. S. 1. If a secured creditor of a bankrupt, whose security Is Insufficient, discloses his security In proving his claim before the referee, he mny retain his Security and share In the dividends as to the overplus. 2. The petition of a trustee In bankruptcy asking to be substituted as psrtv plaintiff In n creditor's bill filed by a creditor of the bankrupt who has filed his claim la-fore th referee In bankruptcy, which docs not allege thnt audi creditor has waived his se curity, is insufficient to entitle the trustee to intervene and be subrogated to the rights of such creditor. 3. Petition examined and held not to state facts sufficient to entitle the petitioner to Intervene and prosecute the suit. 1i10. Gingrich against Rogers. Appeal GOVERNMENT NOTICES. the above address until 12 o'clock M., Tues day, August 4. 1S03, and then opened, for furnishing materials, labor, etc., for the construction of the main group of buildings nt the Battle Mountain Sanitarium, at Hot Springs, South Dakota. Plans may he seen and copies of instructions and speci fications, together with blank proposals had, upon application to the architect, Tbom.n 11. Kimball, 6o3 McCague bulldinK. Omaha, Nebraska; t" the Builders' arid Traders' Exchange, 138 Washington street, Chlcugo, Illinois; to John F. Daggett, sec. retary, Denver Building Contractors' Coun cil, 2i3 Times building. Denver, Colorado; to the Builders' Exchange, St. Paul, Minne sota; to K. U. Kelley, Banker, Hot Springs. South Dakota, and to the office of the National Home for D. V. 8., 346 Broadway. New York, N. Y. Address all Inquiries re garding drawings and specifications to the architect as above. J27 Jy4-U-18-C5 Al-m FORT MEADE. S. D.. JULY 22. 1903 Sealed proposals In triplicate will he ie ceived until 2 p. m., Auitiist 10. 1IHI3, for constructing addition to hospital here. In formation furnished upon application. I'. S reserves rlijht to accept or reject any or all proposals or any part thereof. En velopes containing proposals to he marked "Proposals for Hospital Addition," ud drcssed C. B. Vodges, Captain. Jy22 d4t A4-5M LEGAL SOTICK. Sealed bids will be received at the of fice of secretary of state up unill 12 o clock noon of July 29, IKI, for lumber for use at S. & S. home at Grand Island as per architect's estimate on tile In the ofllce of secretary of state. The board reserves the right to reject any and all bids. GEORGE W. MARSH, Secretary of Board. J19 d to tm ) AILWAY TIME CARD. I'NTON STATION 10TH AND MARC Y. Union Pacific. Leave, .a 8:40 am Arrive, a 7:50 pm a 3:25 pm Overland Limited.., Th B-nat Kfall i . - .. I California RinrfM ....a 4:20 pra ,...all:S0 pm Pacific Express Eastern Express Tho Atlantic Express.. a 8:30 pm a 7:30 am The Colorado special, a 7:10 am a 3:40 am a 1.40 am tjniraRO special Llt.cnin, Beatrice ana Stromsburg Express.. b 1:00 pm M!:3H pm North Platte !.ocal a 8:00 am a 5.15 pm Grand iislnnd Local b 6:80 om b 9:35 am Cblcagro. Milwaukee A St. Paul. Chicago Daylight a 7:45 am all:16 pm Chicago Fast Express. .a 6:46 pm a 3:40 pm Chicago Limited a 8:05 pm a 7 '50 am Des Moines Express. ...a 7:46 sm a 3:10 pm Cblcagro & Northwesters. "The Northwestern uine." Fast Chicago u 3.40 am a 7:00 am Mail a t;U) pm a 8:30 am Local Sioux City a 6:10 am a 3:30 pm Daylight bt. Paul a J: am a 10:4 pm Daylight Chicago a 8 "HI m all:lu pm Local Chlcugc all:3iam u 6:10 pm Local Cedar Rupids 6:10 pm Limited I. nicago a 8:16 pm a 9.16 am Local Carroll a 4:'.v pin 9:60 am Fast Chicago ...a 6:au pm a 2:45 pm Fast St. Paul a pm a 8.16 am Fast Mall a 3:40 pm Local Sioux City b 4:00 p.n b 9:60 am Norfolk & Bonesteel....a 7:2ft urn ulU:Jo am Lincoln & Long Pine....b 7:25 am blO.36 am Chicago, Rock Isluuil alb l'uclUc. EAST. Chicago Daylight L t d.. a 3 5o am a 3 50 a.u Chicago L'ylight Loc-l.a. 7:00 atu a 8:36 pm Chicago Express bli la gin a 6:3u pm Des .iotne Express., .a 4:3U pm bll:60 am Chicugo Fast i-.xpri!ss. .a 5.M pm a 1;4 put WEaT. Rocky Mountain L't'u..a 7:30 am a 7:26 am Lincoln. Colo Springs, Denver. Pueblo and West a 1:30 pm Colo.. Texaa, Cal. anf Oklahoma Flyer a 6:40 pm Wnbnali. St. Loula "Cannon Ball" Expreas a 6:65 pm St. Louis Local. Coun cil Bluffe a 9:16 am Ulasoot-i PnclUo. St. Louia Express alO:00 am a. C. tc Hi. Lu Ex uiO:5o pm lllluols Icnlrul. Chicago Express a 7:36 am Clncdgo, Minneapolis k Si. l-aul Limned u 7:60 pm Minneapolis v bl. Paul Exprut.a b 7:35 um Ciiitaao i.ocal lo:ja am Cluctttto Eipiesn a 6:00 pra 012.4C pa a 8:20 am al0:30 pm a 6:26 pro a 6:U am a 6:10 pm a 8:06 am bl0:3a pm al0:36 am WEBSTER DEPOl 11TH A WEBSTER. Chivaau, hi. Puul, llluueupolia A uuiu liu. Leave. Arrive. Twin City Passenger... a 6 3u am a 9:10 pm qi... cliv I i mi . if.r . !e:fi nm m ''Ai Am Oakland Local... b 6.45 pm b 8:46 am MlkkOall I'uciilc. Nebraska Loca. Via Wetplng Water o 4:10 pm alO:2S am Cliicas;o A Norili eirro. Kevraaku and VV ru'uiug Ulvialoa. Black Hula. Deawlwood. Lead. Hoi bpriiuj a i.Vi pm a 6:00 pm vV omnia, Casper ana Douglas d 3:00 pm 6:00 pin Hasiin, iurk. David City, Superior, Geneva, Exeter and beward... .0 3:ou pm b 1:00 pm BIRLING TON STATION ltl II A MASO t lvanaas City. St. Joseph A Couauii UluAa, Kansas City Day Ex. ..a 1:16 am a (:06 pm St. Louis Flyer a au pm all :ua am Itanasa city Piigiit .x..iuu.jy pm a u.u, aiu Uurliuatou A Sllaaourt River. lxve. Arriv. Wymure. Beatrice and Lincoln a 8:50 am bl2:u5 pm Nebraska Expreas a k:wu am i i pm Denver Li.nliei. a 4.1u pm a e:4u am Llack Hiils and Pugel Sound Exprtsa all: 10 pm a 3:10 pm C o 1 -. r a d Vestibule. Fiyci a 8:10 pro Lincoln Fast Mull b 2:62 pm a 8. us am Fort Crock and Flatta- mouth b 3:20 pm blO So am Behevue paclno Jet.. a 7. an pm a 8:7 am Believue & Pad tie Jcl. .a 3 5C era bli uuo. Ilcir liuiilon A Uulucy. Chlcseo Special a 7:00 am a 3:55 pm Chicago Veatihuled Ex. .a 4:00 pm a 7:43 am CMci.ko Local ....a 9:18 am all :O0 pm Chleiifio Limited a 6.05 pm a 7:46 am Fast Mali a 2:40 pin a Dadv. h Dally except Sunday, d Dally excipt Saturday, e Dally except Monday. STEAMSHIPS. A.NCIlOH USB f. S. MAIL iTKAHBHIPS. NEW YORK. LONDON IEK BY AND OLA8UOW, NEW YORK. GIBRALTAR AND NAPLES. Superior arenmmodAttoTis. Excellent CuUtn. Ths Comfort of P.ifteiig-rt rrctulljr ruaHre4- SlngU or Hound Tr! Tnkili luueil tietwn New York od eVntill, Ki.rlith. Irish snd all priuiinl roiitniciiial poti.ti at auru'-ttra ratea. frrnd for bix.k of Tours. Kor tirkta or Miaral Information apply to an IokI an-!:! of Itie Aucbor Lisa or te HKNtiF.KSON HROS., ucu'l Acai.la. Chicago. III. " HOLLEND-aKERICa LI HE New Tin-S.rcw ttteamtra ol 115x0 1 ooa K1KW YOltk HoTTa-HIJAU. ila BOI'LUCSC. Sailli'f Wduradar at 10 A. al. Rotterdam J"'r 2 Rjndaoi Aug. II Potsdam Aug. at Not jam Aug. M Slalnilai Aug; lliliuurrla .. Sfpiawbcr HOLLAND-AMERICA I.I.Mt, !! Ilrirbora St.. I'ltlcaaro, 111. Harry lloora. Itul rarnaat at.. C RutharforX IU rtraua al, J. tt. katuvkla, 16ot faruaai at. from Hamilton. Reversed, with Instruc tions Ames C. Division No 1 1 The deed of an it sane person may bf avoided as against a grantee for value, without notice of his grantors Insanltx. Dewey v. Allglre. J7 Neb.. , followetl. 2. The burden of ehowina; that a convex -ance wns made by an limine person dullnx an Interval of lucidity Is upon the party rlnlmirg under the Instrument. 5. Neither the county court nor a person under guard! mshln l.ecause of lnsanlt. nor the guardian of the latter, nor all to gethei ran ratify or confirm a conveyance of lands by the ward made previous to the timrdlanshlp, but while he was Insane. ISO'S). Hoy against Slate. Error from Cuming. Reversed Sullivan. C. J 1. When the evidence upon which the trial court decided an Issue of fact la not preserved In the record It will be presumed lhat the decision Is right. 2. Affidavits used on the trial of an issue of fact do not become part of the record by being certllied to this court by the clerk of the district court. The law, and not the clerk, determines what shall constitute the record. 3. A person attacked, or formidably threatened, by three persona acting In con cert. ay avail himself of the right of self defense by using commensurate force i gainst the nearest assailant, although it is not from him, but from the others thut great bodily harm Is apprehended. 4. The right of self-defense does not be long alone to persona engaged in the pur suit of their lawful business; It Is available to every person, regardless of the nature of his biialners. who is assaulted, or who, upon Just grounds, apprehends an Imme diate unlawful attack. 6. This court Is under no obligation to consider a bill of exceptions which Is not tulrly und reasonably legible. 1J0S6. Grand Lodge A. O. IT, W. against Bartes. Error from Colfax. Reversed. Duffle. C. Division No. 3. A member of the family living therein la presumptively qualified as a witness to prove tlio ago and pedigree of the other members; but when It Is shown on cross examination that the knowledge of such witness Is derived not from family tradition nnd repute but from statements ntMde by a stranger, the testimony should be, excluded. IM'.xi. Haslam against Purge. Error from Dodge. Reversed. Duftle, C. Division No. 3. , 1. A verdict rendered In plain disregard of the Instructions la contrary to law and will ordlnurlly be set aside without an ex amination of the Instructions to determine whether correct or not. 2. Evidence examined and held not to es tablish a written contract of marriage. 3. An unwritten contract which by Its terms is not to be performed within a year from the making thereof, is not taken out of the statute by an oral acknowledgement made within a year from date of perform ance 4. Where the record discloses that a de fendant has raised the question nnd In sisted In the district court that there was not sufficient evidence to warrant the sub mission of a material issue to the Jury nnd the court nevertheless Insists on submitting the Issue, the defendant ia not estopped rn appeal to raise the same question here be cause he requested and obtained an Instruc tion defining the law relating to the Issue as he understands It to be. 13145. Hall acalnst Western Travelers' Ac fldont Association. Error from Douglas. Affirmed. Albert. C Division No. 2. 1. A member of a. mutual Insurance com pany, who accepts membership subject to such provisions of the constitution aa are then in force, or may be thereafter adopted, is bound by a reasonable amend ment to th constitution subsequently adopted. 2. Such companies are self-governing bodies, and courts will interfere in case of amendments to their constitution only when the amendment Is unfair, operates oppressively or to the disturbance of vested rights; amendments which do not thus op erate are not unreasonable. 3. On facts state, held, that th amend ment was reasonable and binding on the assured. 13119. Moore against State. Error from Custer. Reversed. Duffie, C. Division No. 8. 1. An information under section 217 of the Code of Criminal Procedure must set out the names of the parties ullowed to play the games complained of If known to the prosecutor, or allege that they are un known. If such is the fact. 13228. Van i-yoc against State. Error, Kearney. Affirmed. Holcomb. judge. 1. When It appara that the charge In the complaint is uubhiiintlally the same us that set forth in tfie information, a plea of a want of a preliminary examination or p. variance between the complaint and the Information, is unavailing. Hockenberger against the State, 49 Neb., 707. 2. An information charging a perron with larceny cannot be said to be bad for duplicity or uncertainty because, after al leging tho felonious taking ot the prop erty charged to have been stolen, It ii specifically alleged that cucli felonious taking was ' with the intent to unlawiully and feloniously convert the sama to his own use against the will of the said Jesse W. McNeil" tthe owner). 3. The tact that property alleged to have been stolen was taken without the con sent of the owner m ly be Inferred fro n circumstances shown In evidence as well as by direct testimony that none w. s given. 4. An Instruction which in substnna a 1 vises the Jury thnt the presumption of in nocence remains with the accused until bv competent evidence the state establishes guilt beyond a reasonable doubts l not subject to the objection lhat the burden of . proof Is thereby shifted to the defendant. 6. The rulinejs of the trial c:iurt on c ; tain Instructions given and refused, ex amined and found without prejudklil error. 6. Testlmonv admitted over obteet'ons on the ground of being too remote. Held, prop erty admitted. 7. A deputy snerirr was a material wit ness for the state In a criminal prosecution for larceny. He aln had charge of th) Jury during Its deliberations. Held, that the fact of his havlna; been called as a witness would not of Itself disqualify hl-n from serving In the latter mentioned cap i- ' city. 8. Evidence examined and hld suffle'ent to support a verdict of guilty as found by the Jury. 12317. Agnow against Omaha Bank. Error from Douglas. National Affirmed. KirkpatricK, (J. Division No. I. 1. A final .order or decree is conclusive as evidence in a subsequent action between the same parties or their privies upon the matter therein adjudicated. 2. To constitute an order or decree final and conclusive as evidence In a subsequent action, it must hive been a complete dis position of the main thing or matter in controversy, leaving nothing for the fur ther determination of the court. 3. When a suit is dismissed aa to one of two or more dofendanta without prejudice such defendant ceases to be a party to the record, and the effect of tke dismissal Is to leave such defendant in the same position as If he had never been a party to the ac tion. 4. If before such order of dismissal there ha been a decision or decree upon on of several Issues made by the pleadings, but such determination does not tlx or deter mine the liability ot the defendant who is subsequently dismissed, such preliminary decree does not estop the defendant dis missed In a subsequent action from litigat ing the sume issue. 6. Plaintiff alleged In his petition a part nership, and the conversion by on of th defendant of the assets of the partnership. Such defendant denied the partnership, and that it had converted the assets of the partnership. A preliminary decree was en tered lindiig that a partnership did exist, reserving the case for supplemental pro- ceedlnga Mnd an accounting. Before e m final decree said defendant was dismissed out of the case without prejudice. Held, that In a subsequent action between plaintiff and the defendant dismissed the latter was nut concluded by the preliminary decree find ing the existence of a partnership. 6. Evidence examined and h Id lo sustain the peremptory instruction for defendant. U337. Omaha Bridge and Terminal Rail way Company against Jteed. Error from Douglas. Motion overruled. Sullivan, (J. J. 1. A mortgagee Is an owner within the meuning of the statute providing for the taking of land under the power of eminent domain, and as such owner be has tho right to prosecute an IreUepciident appeal from the freeholders' award. I. In proceedings for the condemnation of land under the power of eminent domain the money awarded by the freeholders, or by the district court on appeal, stands in place of the land and belongs to llenholders to the extent of the value of their liens. 3 On appeal by a mortgagee from an award made, by freeholders In a condemna tion proceeding the question to be tried and determined Is the value of appellant s Hen on the property appropriated. 4. An appeal by a mortgagee in a con demnation proceeding la not effective as to the landowner against whom no summons has been Issued. 5. If the landowner Is not brought Into the district court by the mortgagee's ap peal th corporation at whose Instance the condemnation proceeding waa initiated may bring him In if it la necessary to do so for the protection of its rights. . 6. A landowner who fails to appeal from tho freeholders' award in a condemnation proceeding la conclusively bound by It, 1.2W. Reliance Trust Company agalnat Atherton. Error from Fillmore. Motion denied. Albert, C. Division No. 3. 12419. McVey against Pedu'le. Error from Antelope. Affirmed. Ames, C. Division No. 1. The principal and sureties upon an under taking lu an uppeal prosecuted under a void statute to a court to which in fact no lawful appeal lies are liable on the Instru ment if the court, without objection, enter tains the apieui, and ujx.n a retrial of th ishues renders a Judgment adverse to th appellant.