THE OMAlfT DAILY REE: ' WEDNESDAY. NOVEMBER 2.1. mX
POSTOFF1CB SOTICK.
8hould b read DAILT by all Interested,
a change may occur at any time.)
Foreign nulla for the week ending No
vember 'A, 1M. will close (1'HO.M JfLY n
all cases) at th Ueneral I'ostofllc aa fol
lows; I'.AKCEkfl-l'U.ST MAI 1.8 close on
hour earlier than closing time ihown be
low. Pa reel s -Post Malls for Germany cloa
at I p. m. Monday.
Regular and supplementary malls cloa
At Foreign Station half hour later than
rinsing time shown below (except that sup
plementary Mails for Kurie and Central
America, via Colon, rlos on hour later at
Foreign Station).
Traasatlaatle Malta.
WEDNKfiDAT At 7:80 a. m. for NETIf
KRl.ANDH direct, per a. a. Btaatendam
(mail must be directed "per a. a. Htaaten
lam '), at 30 a. m. tsnpplementHry 10 a.
m. for KI'llOPK, per s. s. Teutonic, via
(jueenstown).
THI KHDAV-At 7 a. m. for FRANCE.
HWITZEHrND, ITALY, HPAIN. I'OR
TIVA1.. TI'HKET, KfJTPT. OKKKi'K,
BRITISH INDIA1 and IXiRKN.O MAIl
UVV.Z. per a. . I -a Hrstugnc, via Havre
(mail for other parts of Huron must be
directed "per s. s. Ljt Bretagne').
8ATI RDAY At a. m. for Kl ROPE, per
s. . St. Paul, via, Southampton (mall for
Ireland and letter mall for Liverpool must
b directed "per a. s. 8L Paul"); at 7:l a.
m. (supplementary t a. m.) for KI'ROPK,
per s. a. Lnranla, via Queenstown; at S.M
a. m. for BEUilUM direct, per m. a. Zee
land (mall must be directed "per s. s. Zee
land"); at .30 a. m. for SCOT LA NO di
rect, per s. s. Furnessla (mall must be di
rected "per s. s. Furnesals"): at 11 a. in.
for DENMARK direct, p.-r .. a. Oscar II
(mail rauat be directed "per s. s. Oscar
11").
After the closing ot th Supplementary
Transatlantic! Malls named abov. addi
tional Supplementary Mails are opened
on the piers of th American, English,
French and German steamerr. and re
main open until within Ten Minutes of
tli hour of sailing of steamer.
Malls for float k sad Central America,
West Indies. F.te.
WEDNESDAY At 11 :M a. m. for BRAZII,.
Ser a. S. Catania, via Pernambuco, Rio
anelro and Santos (msll for Northern
Hrazll. Argentine. Uruguay and Paraguay
must be directed "per s. s. Catania"); at
12 m. for CUBA, per a. s. Havana (mail
for Mexico, via Progreso, Campeche and
Vera Crtia must be directed "per s. a.
Havana").
FRIDAY At 12 m. for SANTIAGO, per s.
a. Jaaon (mall muat be directed "per s. a.
Jason"); at 12 m. (supplementary 12:30 p.
m.) for BAHAMAS, per a. s. Santiago
(mail for Mexico, via Tamplco, must be
directed, "per a. s. Santiago"); at 8:30 p.
m. for BERMUDA, per steamer from
Halifax.
SATURDAY At :3 a. m. fsupplementnry
SO a. m.) for PORTO RICO. CURACAO
and VENEZUELA, per a. a. Philadelphia
(malls for Savanllla and Cartagena must
b directed "per a. s. Philadelphia"); at 9
a. m. for GRENADA. TRINIDAD and
CIUDAD BOLIVAR, per s. a. Maraval,
at 9:80 a. m. (supplementary 10:SO a. m.)
run, uiir. ini ifl ii u, .1 ill rt IV , HA-
VANILLA and CARTAOENA. pS a. s.
. A en (mall for CWa Rica must be di
rected "per s. s. Alene"); at 9:30 a. m.
(supplementary 10:30 a. m.) for ST.
THOMAS. BT. CROIX. LEEWARD and
WINDWARD ISLANDS, BRITISH,
DUTCH and FRENCH UlIANA. per a. s.
Manoa; at 10 a. m. for CUBA, per s. a.
Morro Castle, vi Havana; at 10::to a. m.
(supplementary 11:30 a. m.) for INA(iUA,
IIAIll Mnu DA1 1 A MAtti A, pPT S. S.
Adirondack; at 11:30 a. m. for ARGEN
TINE. URUGUAY and PARAGUAY, per
. s. a. CHmoena; at 12:30 p. m. for CUBA,
per a. s. Cuntyba, via Havana.
Malls Forwarded Overland, Etc., Ex
cept Transpacific.
CUBA Via Florida, clones at this office
daily, except Thursday, at o:80 a, m. (tho
connecting malls close here on Wednes
days and Saturdays via Tampa, and on
Mondays via. Miami).
MEXICO CITY Overland, unless specially
addressed for dispatch by steamer, closes
at this office daily, except Sunday, at 1:30
p. m. and 11:30 p. m. Sundays at 1:00 p.
m. and 11 :u p. m.
NEWFOUNDLAND By rail to North Syd.
ney, and thenc by steamer, closes at this
ofTlce dally at :30 p. m. (connecting malls
eloaa here every Monday, Wednesday and
Saturday).
JAMAICA By rail to Boston, and thence
by steamer, closes at this office at f :30 p.
m. ery Tuesday.
By rail to Philadelphia and thenc by
steamer, closes at this office at 11:30 p. m.
everv Wednesday.
M1QUELON By rail to Boston, and thenc
by steamer, closes at this office dally at
: p. m,
BELIZE. PUERTO CORTEZ and
GUATEMALA By rail to New Orleans,
and thenc by steamer, closes at this of
fice daily, except Sunday, at 1:S0 p. m.
and and 111 -.at) p. m., Sundays at 11:00
p. m. and 111:30 . m. (connecting mall.
lOnaM here f nndA va at 111 .ta n m N
COSTA RICA By rail to New Orleans, and
thenc by steamer, cloes at this office
dally, except Sunday, at 11:30 p. m. and
111:30 p. m.. Sundays at 1:0rt n. m. and
111:30 p. m. (connecting mall close her
Tuesdays at U:30 p. m..
REGISTERED MAIL closes at f p. m.
previous day.
Transpacific Malls.
HAWAII, via San Francisco, close here
dally at :3u p. m. up to November 13
Inclusive, for dispatch per s s. Alameda'
CHINA and JAPAN, via Vancouver and
Victoria. B. C, rlose her dally at :30 p
in. up to November (24. Inclusive, dor dis
patch per s. s .Empress of China. (Mer.
chandls for United States Postal
agency at Shanghai cannot b forwarded
via Canada.)
CHINA and JAPAN, via Seattle, close her
dally at 6:30 p. m. up to November 25,
inclusive, for dispatch per Rlojun
Ms.ru.
PHILIPPINE ISLANDS, via San' Fran
claco, close here dally at 6:30 p. m. up to
U. S. transpcrt. '
TAHITI and MARQT7ESA8 ISLANDS via
Han Francisco, clos nern dally at :30 p
n lin tA NAVmti-i I'1 ln,.l,,..,. r
dispatch per a. a. Mariposa. '
PINE ISLANDS, via San Francisco, clos
here dally at ISO p. m. up to November
1 2ft, Inclusive, for dispatch per s. s. Hong
Kong Maru.
NEW ZEALAND, AVS TR ALIA (excent
West). NEW CALEDONIA. FIJI,
SAMOA and HAWAII, via San Franel-co
dose here dally at (:3ft p. m. up to De
cember 3. Inclusive, for dispatch per a
s. Ventura. (If th Cunsrd steamer carry
ing th British mall for New ZeaWnd
does not arrlv In time to connect with
this dispatch, extra malls closing at 8 30
a. m. and 8. 30 a. m. and 6:30 p. m. ; Run
days at 4:30 a. m., t a. m. and 6:30 p. m
will be mad up and forwarded until th
arrival of the Cunard steamer.)
AUSTRALIA feoent West). FIJI 1ST,.
ANDS and NEW CALEDONIA (soeclslly
add reared only), via Vancouver and Vic
toria, B. C, close her dally at 4:80 p. m
up to December 5, inclusive, tax dispatch
per a. s. Mosna.
Hawaii, japan, china and philip-
TINE ISLANDS, via San Francisco,
clos her dslly at 4:30 p. m. tip to De
cember 7th, inclusive, for dispatch per s.
China.
CHINA and JAPAN, via Taooma. clos
her dally at 6:30 p. m. up to December
13. Inclusive, for dispatch per a, a. Shaw
unit. NOTE Unless otherwise addressed. West
Australia is forwarded via Europe, and
New Zealand and Philippines via Sin
Francisco th quickest routes. Philip
pines specially addressed "via Canada"
or "via Europe" must be fully prepaid at
th foreign ratea. Hawaii la forwarded
via Ban Franclaoe exclusively.
Transpacific malls are forwarded to port of
sailing dally and th achedule of closing
ia arrarge.l on th presumption of their
uninterrupted overland transit. Rerts
tered msll clcses at 6 p m. nrevinus day
CORNELIUS VAN COTT, Postmaster.
Postoffle. New York. N. T., November ,
14.
DAILMOAO TIME CARD.
IKIOX STATION 10TU AND MARCY.
Illlaela Central.
I .en re.
Chicago Express a 7:3s am
Chicago, Minneapolis A
Bt. Paul Limited 7:50 pm
Minneapolis A fe L Paul
Kxprsss b 7.31 am
t klag A Northwestern.
Arrive.
al0:a pra
:c am
blO.tt pm
a 7:M am
a 6 : 30aro
a 3 4i pm
al0:uu pm
all pin
a U am
a 14 pus
a 7 :03 am
a .- am
a 3 41 pm
b l:3u ass
alo 45 am
blO.ii am
a 1:10 pm
"The Northwestern Lias,'
Fut Chl.M
a l.w am
I-ooal Chicago
Mail
lxnal S.oux City
Iay;ight St. Paul
layliht Chicago ....
Limited Chicago
Fast ChU-tvgo
IxjjmJ Chlcagu
Fa I Bt. Paul
St. Paul Express
Fast Mall
Ix e.1 atoux City
Norfolk A BuuvetAvl.
l.lmMiin A Lous Pine.
.a a :io pot
'.a 7:30 a ia
.a 4.u0 aui
.a k:25 ru
.a l.iw pin
. t Jo put
.a 1:26 pm
..b 4:00 pa
..a d '6 uiu
b i ant
Dead wood. Hot Soriuas
aud Lincoln a t M pm
jia.ii
inga, aupvnor, and
Alulon
b i:iO pm b 3 10 pm
laiea Pmclfi.
Overland limited.
The Faet Mail
Califoriiia kxpreas
nrtfion ixrra ..
Lalra fc.A4ras..
..a Warn
. .a 6 ck) ua
..a i y pm
..a J.u
t.( pin
a J.W pin
a I ) pm
a 1 .30 pm
AIIA4 AY TIME C ARD ( eatlnaed.
Th Atlantic Exproes.... a 7:40 am
The Colorado Special. ...all:3S am a 3:40 am
Chlcaso Special - a 3:40 am
Llncoir., Heatrlce and
StromHhnrg Express. ..b 4.00 pm bll .tSpm
North Platte Ixical aluOam a t:lS pm
Grand Island Local b 6:30 pm b 9:35 am
Cblcace, Hoc it Island A Pacific.
R A8T
Chicago Daylight Ltd a t 55 am a I 50 am
Chicago Daylight Locale 7:u0 am a 9 pm
Chlcaxo Express bll:15 am a 6 46 pm
Des Moines Express.... a 4:30 pm bll.&u am
Chicago Fast Kxpn-a.. !:) fssi a l a pm
WK8"..
Rocky Mountain L't'd. ,a 7 JO am a 7:26 am
Lincoln, .Colo. Pprlusra
Denver, Pueblo and
West l:pm a 1.)0 pm
Texas. California and
Oklahoma Flyer k L:( pm al2:W pm
t alcaao Great Watera Ry, Co.
21 St. Paul A Mlnne-
s polls Limited a 6:56 am
104 Ft. Dodse Express. .a 7:85 am
l i Ft. Dodge Express.. a 6:2b pm
20 St. Paul A Minne
apolis Limited a 7:15 pm
7 Ft. Doda-e Express.. all :10 am
101 Ft. Dodge Express.. a 8:8') pm
Mlssoarl Pacific.
St. Louis Express 10:00 am a 6:25 pm
K. C. A Bt. 1 Expiea..al0:50 pm a 4:15 am
Chicago. Mlinsak A at. Pa at.
Chicago Daylight a 7:45 am all:15 pm
Chicago Fast Express. .a 6:46 pm a 1:40 pm
Chicago Limited a 8:i4 pm a 7:50 am
Des Moines Express.... a 7.46 am a 3:40 pm
Wabash.
St. Iouls "Cannon Ball'
Exp. ess a 6:66 pm a 1:30 ant
Bt. Louis Local, Coun
cil Bluffs a 1:15 am alOJO pm
BIRLINHTOM STATrO.f lota A MASOX.
Cbtcaao. Bnrllnsrtaa A Qnlacr.
Arrive.
Burlingrton A Mlssoarl Hirer.
Wymore, Beatrice and
Lincoln a 1:50 am bl2:06 pm
Nebraska Express a 8 60 am a 7:45 pm
Denver Limited a 410 pm a 6:46 am
Black Hills md Puget
Sound Express aU:10 pm a 3:10 pm
C o I o r 4 d o Vesttbuli
Flyer a 1:10 pm
Lincoln Fust Mall J 2:52 pm a VMS am
Fort Crook and Platts-
mouth b 1:13 pm bl0:36 am
Rellevue & Paclfln Jet. .a 7:50 pm a 8:27 am
Bellavue A Pacific Jet.. a 3:60 am
Kansas City, It. Josepa A Ceanell
BlnlTs.
Kansas City Day Ex.. ..a am a 4:05 pm
Bt. Louis Flyer ,... i. pm all ."Sam
Kanaas City Night Ex..alO:45 pm A 1:30 am
WEBSTER DEPOT 10TH A WEBSTER
Chlcaaro, St.
Omaha.
Paul, Mlnneapolla A
Ijeav. Arrive.
Twin City Passenger. .. .a 6:30 am a 9:10 pm
Sioux City Passenger... a 2:00 pm all :20 am
Oakland Local b 6:46 pm b 1:46 am
Mlaaoarl Pacific.
Nebraska Local, via ,
Weeping Water b 4:10 pm 10:35 am
a Daily, b Daily except Sunday, d Daily
except Saturday, e Dally except Monday.
GOSSIP ON COMMISSION ROW
Callforala Navels Laid Ip Because
They Cannot Navlarate the
Snowy Streets.
The California navel oranges ar being
snowed in at the freight yards. They
arrived yesterday and could have been
unpacked if there had been a heavy sea
running, but th navel ar not used to
steering through tba now. They will
be a trifle higher in price for a few days,
but by the end of the week will have set
tled down to a Jobbing figure of about
13.25 or 13.50. The California tomatoes do
not like the climate any better than the
oranges, having come from Los Angeles,
and are so eager to sell out and go to
the warm Interior, that they are making
the grocers a 12.60 proposition. The west
ern pears have been in about as many
jack pots and fruit fans this year as they
will see, for the stored stock Is nearly all
eaten up. Tokay grapes, too, are billed
for a table in the hall of fame about the
middle of next week. The Keystone state
grapes, Catawbas, are still with us and
will stick for two or three weeks. Their
proposition Is a 21 or 22-cent figure for
four-pound baskets.
The Spanish onions and the Wisconsin
cabbages have not said a work about it or
got things In a stew, but they are pushing
to the front as money makers. The Span,
lards are charging an extra 10 cents whole
sale now for coming off the shelf. They
were 11.60 before when they could sit out
side on th sidewalk. Th cabbages are 1H
cents a pound wholesale, which Is a steady
step upward from 14 Inside a week.
Other staples are Jogging along at the
aam price. Th western potatoes ar still
coming In refrigerator cars now and run
strong at a 76 or 80-cent flgur. Th east
ern apples are nearly all her now, al
though scattering cars are received. Th
regular honast stock goes to th grocers at
from 33 to 14 a barrel, but th peddler scoop
up som not over-fastidious fruit at as poor
a flgur as IX , Th commission houses are
now handling th turnips, beets, carrots
and parsnips whloh come in from th coun
try. A Wonderful Chang.
Weak, sickly invalids are soon changed
by Electric Bitters Into healthy men and
women. They cur or no pay. 60c. For
sals by Kuhn A Co.
Dynamite, bat Not Das
Commotion was rife In the vicinity of ths
ground recently scqulred by the Chicago
Greet Western railrod when Mr. Yeager
the foreman of the gng employed in del
n ollnhlng the buildings to make room for
the tallioad hulldlnaa and tracks, reported
the finding of a stick of dynamlt and a
ahort fuse in one of the brick houses at 10
a. m. Ths police were notified and Ottlcer
Mitchell sent to Investigate. He ascertained
that a man who was engaged in peaceful
pursuits had placed It there, not wishing to
carry it about with him. fea-lng thit to do
so would arouse suspicion. The police and
ll conoerned xeem to be sal laded that no
ulterior motive prompted this man to put
the dynamite In the houve, and the inci
dent will hardly be recalled unless re
peated. Mortality Statistics.
Th following births and death have been
reported to the Board of Health:
P.lrt ha Peter Smith. 29:3 Seward glrp
Lamlert Hummel. 24i Franklin, boy; RoI
coe Tubhs. 1611 North Twenty-slxlh. girl
Frank Kelly. Ull Cass, boyf Amos t.io
Dowell. Marcy street, boy; R. E. Under
wood. 1111 North Fortieth, boyj Axle V
Nelson. 2110 Grand avenue, boy.
Death Lorln Nebergall, 1 months.
Pavlna la anew storm.
Repair t th asphalt paving on Cuming
street wer continued yesterday deaplte
the snow. The fore of men that had been
engaged in trimming th holes were set to
work sweeping the white flakes from the
concrete surface and the wearing surface
was packed In as rapidly as possible A
fall in temperature would niaka cessation
of th work necessary.
Sick Headache.
This distressing ailment results from a
disordered condition of th stomach and Is
quickly cured by Chamber'aln's Stomach
and Liver Tableta For sal by Kulin A
Co.
Railway " and Pcrsaaals.
Th Rock Island has announced the put
ting on of through tourist tars from Chi
cago to Ias Angeles, Cal.
R. H. Ashton. asalstsnt general niunaacr
of the North ween-ru, with headuuarters in
Chicago, was In the city yesterday.
W. R. Bcogln. trsveling freight sgent of
th Missouri Pscltlc frcm Bt. Iiuis. was a
vli-itor at the local offices of ths company
yesterday morning.
W. H. Whalen. superintendent of the
lows division of the Chicago t Northwest
ern, with headquarters at Boone. Ia.. Is
visiting the local orhces of his company.
Nolle has been received by local pas
senger agents that the quarantine of h.m
Antonio, which has been in ertect on -count
of yellow fer. ia now rertoted, and
through iKkeis c.a b Sold tu that poliiu
Leave. Arrive.
Chicago Special '.a 7:00 am a 3:06 am
Chicago Vestlbuled ex. .a 4:(0 pm a 7:45 am
Chicago Local a 9:18 am all:00 pm
Chicago limited a 1:06 pm a 7:43 pm
Fust Mall 1:40 pm
PLAN TO BEAT COAL TRUST
(his.bg Van Liicorart F.mt Way to Eare
Fnel and Esep Warm.
BURNS ASHLS AND MAKES GAS IN FURNACE
Says He Gets More Heat from the
Ashes Than from the Orlarlnal
Coal, and Gets It
F.asler.
The Coal trust will hav a rather bsd
winter In Omaha If th entire city take
up a schema Inaugurated In a certain
neighborhood in the north side ot the city
last week. An enterprising real estate man
discovered that he could burn BBhes and
he has not burned much of anything else
since. If you only understand how to do
It, he says, the trick is one that will give
lots of heat, save lots of money and result
In a by-product in the wsy of illuminating
gas.
"This is too valuable to be kept a secret,"
he said. "I think that everyone ought to
know about it, so they csn buck the Coal
trust. The discovery was made because I
had been experimenting a long time trying
to find a way to beat the game. I have
found out that if sufficient water la poured
on either soft or hard coal ashes to make
them pasty and semi-solid, that they can
be made to burn in a furnace and they
will give out more heat than the same
amount of coal. It is necessary to keep
the smoke pipe damper open in order to
allow the water gas to escape and the
drafts muht be left on, but If a hot fire Is
needed, wet ashes are the thing for me.
"We are trying to find a way now to con
fine the gas and use It lighting our homes.
But that will oome later.
"Sunday morning I put a bucket of soft
coal !n my furnace and spread a layer of
wet ashes over the fire. The ashes were
from six to eight Inches thick. The fire
did not need replenishing untjl night, and
the only difficulty was that the house was
a trifle too warm. Whether the ashes can
be used for a second and third time I do
not know, but am certain they make good
fuel once.
"Before anyone else tries this I wsnt to
caution them to leave the smokeplpe dam
pers open and the drafts on, or there is
likely to be an accumulation of gas, which
may wreck their homes. This, however,
can be avoided with proper care."
IS SAD NEWS FOR ROOSEVELT
James Grade, Closely Eadeard to
President, la Dead and Gaieties
Will Cease.
NEW YORK. Nov. S4.-James King
Grade, an uncle by marriage of President
Roosevelt, is dead at his home her as
th result of an attack of pneumonia. He
had been sick only a few days. Mr. Grade
was a well known banker. Both the presi
dent and Mrs. Roosevelt were much at
tached to Mr. Grade and his death will
caus them sorrow and put a temporary
stop to all galtles at the White House. He
was born in New' York in 1839. He mar
ried a sister of the president s father
WASHINGTON. Nov. 24The White
House is in mourning on account of the
death of the president's uncle, James K
Oracle. There will be no social entertain
ments until the cabinet dinner on Decem
ber T. .
At the cabinet meetinar torts v th -,-.-i-
dent announced that probably he will at
tend the funeral of his uncle ta. i.-
Gracle, which Is to occur in New York next
r rioay.
TURKEYS ARE HARD TO TOUCH
Thirty Cents Per Poand Xorr Asked
for the Birds la Hew York
Market.
NEW YORK. Nov. M.-Turkeys will be
luxury to most New York people this year.
Ths price U almost a record hr,w..'
Turkeys, geess and ducks are selling at 30
cents a pound In the city market, or 10
cents higher than In 1901. The price of all
Classes of poultry has risen steadily this
week, even chickens being at an almost
prohibitive figure.
Eggs also have risen as far as prices
are concerned, being quoted at 40 cents a
doien. Poultry raisers, to take i,lvnt...
of the scaroity in tuiksys, are killing their
cnicKena.to get the big price.
A. B. Hubermann, oldest and absolutely
reliable Jeweler In Omsha. Goods marked
In plain figures and lowest prices guaran
teed. 8. E. comer Thirteenth and Douglas.
SUPREME COURT SYLLABI.
.J-1c,Jun,y o Valley against Mllford.
Appeal, from Valley. Reversed and dis
missed. Kirkoatriok. C. Division No 1
1. A county cannot foreclose its Hen for
taxes without a sale first having bLu
mad by th county treasurer and a cer
tirtuat of tax sale issued thereon.
3. A foreclosui proceeding upon a tax
sale certincute by a county must be
: - " tone uiniieu oy section
I ThaV ttua.taas 1 I ..Ut.l l i .
, - " -v wuiti, vviiitiii which xore
cloMur proceedings upon a tax sale cer
tificate mut be brought does not commence
w" v i"iuiin hi me iwo years
from th. sale. """" "ma
-h oounty s Hen for taxes is not di-
. ub raunijr io tore-
close its tax lien within the time limited
'", i ma I'yumy may again pur
chase at tax aale for the years covered
by its prior purchase.
'r736, . Nee." ag-ainst Neary. Appeal, Lin
No 'l Amrmed" Kirkpatrick, C, Division
1. The rule of caveat emptor applies to
purchasers or mortgagees of property from
uumees sxecuiors or otner persons acting
in fiduciary capacities.
. a lesiainx wno willed ner property to
... apiFumivu ner nusDana rer
sole executor, with power, when in his
-vuiv, inn luuservft me in-
" " , T ' J mv" ,,r exenange
th property devised, provided the proceed
Of such sal or tramir arfra lr.,w.. i
real estate th title to which should vest
In her children. After testatrix's death th
husband remarried, and as executor con
veyed property of the estate to his second
Va. ' I r A na-Ithfilit niinaliiueall.k. . . m .
i. . j ....r,uuii, sou soon mere
after he and his wife joined In a mortgase
lirwttl th nmnArtv ......... 4 . i. .
, 7 A.J -'tu. wm money De
ng paid to him and by him diverted to
his own use. The will waa probated and
appeared of record, and upon the abstract
ot title upon which the mortgagee relied
In making the loan. Held, that the mort
gagee and his assignee were charged with
notice of the want of power In the execu
tor to place the legal title In the wife, and
to mortgage any of the property of tha
state. '
12753. Craw against Abrams. Error. Ante
lope. Former judgment adhered to. Judg
ment of the district court affirmed. Barnes
C, Albert, C, concurring. Division No. i.
No. t.
1. The Introduction in evidence of a cer
tified copy of what purports to be an of
ficial bond, without proof of its execution
and delivery, Is not sufficient to authorlxs
the court to render a judgment against the
sureties thereon where it execution and
delivery ia denied by them.
I. The shsrllt making a Judicial sale of
real properly under a decree of foreclo
sure, is th sole custodian of th fund de
rived from such Kale between th dale
thereof and the confirmation of such sale
aud upon such confirmation it Is his duty to
pay ths money to the person or persona en
titled thereto in conformity to the order
of the court.
1 Whether the payment of the money by
ths purchaer or by the sheriff to the clerk
of the court In vacation, snd before a con
firmation of the aale, ia payment into court,
so as to charge the clerk and his sureties
on his orfl. ihi bond with its repayment, is
not determined. '
4. VYheie the sureties deny the eaecution
and delivery of the official bond, and tne
clerk defends on th ground that be oierely
vcelved I lie money as bailee, and not in
his official capacity as clerk, a lender of
uurt payment ov him does not Impair the
left-l' f the surr'.les.
. I Afore a pluutig to a foreclosure suit
can recover th pweeds of a Judicial sal
on nis oecree ns must snow Ms right there-
117 piuwug inn i-iMiiirmauon oi me ssie,
4 Former tudsment adhered to.
llT!"). Western 1'nion Telegraph Company
against Nye ft Schneider Company, lj-ror
rrom uoogc. Amrmrt. Albert, C. Dutfie,
C. concurring. 1H vision No. 3.
Where the negligent delay of a telegraph
company in the delivery of a message de
livered to it for transmission by the plain
tiff results In the loss to the plaintiff of a
sale of a quantity of corn at a price above
the market value of the corn at the time
and place it would have born delivered hrfd
such sale been made, the measure of dam
ages Is the difference In value between the
price the plaintiff would have received for
the corn had the sale been made and the
market value of the corn at such time and
place of delivery. nnafTtccted by the price
at which the plaintiff may have disposed of
the corn after that time.
12S."i3. Chicago, Rurllngton ft Qnlncy Rail
road Company against Jrovcr. Error from
namiuon. . Amrmea. Uuffie, C. Division
No. 3.
1. A shipper of live stock who receives
rrom the rnilroad Companv undertaking the
transportation of such stock a free pass, to
cupula mm io care ior nis BlorK In transit,
arsumes such risks and inconveniences as
necessarily attend upon caring for such
", ano, moMinea accordingly, the Ua
bllity of the railroad comnanv in' such shii
per for personal Injuries sustained bv rea
son of the negligence of its employes is
mm a common carrier ior ntre.
2. The caboose of a stock train was left
about thirty car lengths from the station
and the defendant In error and other pas
sengers were directed to leave the caboose
and take another which would be attached
to a train to be newly made up. To reach
the station the uaasene-era were reniilt-H n
walk the length of tho train between the
irain ana another track eight foet distant
from the track on which their train etood.
The distance ietween cars or engines oc
cupying these two adjacent tracks was four
feet. While walking along the train a
wucn engine passed defendant in error,
going north, una about the limn he mu hpil
the south end of the train the same engine
reim-nina- souin overiooK and struck him.
Held, that while the comnanv nilt-hi rln-ht.
fully stop Its caboose at the place it did. It
was bound to furnish defendimt in error a
safe passage way to the station, and that
no duty devolved on him to be watchful for
any but apparent and known danger, and
he would not be negligent In failing to do
w, ii oeing me outy, or me company to re
frain from any net which threatened him
with a danger of which he was not given
warning and time to guard against.
12S77. Barton agalnut Schull. Krror from
Saline. Affirmed. Pound. C. Division No. 3.
1. L'nder section 183. Code of cull Pit,.
cedure, exceptions to tho sufficiency of
Eurriies upon a replevin unoertaKing must
be taken within twenty-four hours from the
time the undertaking Is given: the defend
ant is not entitled to the whole of the riv
after that on which the undertaking is
given in wnicn io except mereto
2. It seems that such nprlnd nP iwanh.
four hours should be held to begin on the
expiration or me iwenty-rour hours from
th taking of the property allowed the
plaintiff for the purpose of furnishing the
undertaking althousrh the nndertuUinv mav
have been given before the expiration of
limi I'crioo. -
3. Where no exception Is taken to the
sufficiency of the sureties within the time
fixed by section 189. Code of Civil Proce
dure, nil objections as to sufficiency are
waived, and the ouestlon whether the
officer acted in good faith In accepting the
uiiut-rianing oecomea immaterial.
4. In laying the foundation for Impeach
ment of a witness by showing a contradic
tory statement out of court, the witness
may be asked whether in making the state
ment he did not detail a conversation with
a third person, by reason whereof he
claimed to remember the fact stated, and.
if he denies the whole, proof may be made,
not only of the statement Itself, hut r,f
reasons he gave for remembering the fact In
controversy.
I. It Is not error In such a case to exclude
testimony of such third person aa to the
conversation, the conversation Itself not
being material, but only the fact, if such It
were, that the witness In question referred
to It aa confirming his memory of the fact
In dispute.
9. If the trial judge substantially mis.
states the testimony In giving his recollec
tions thereof under section 2S7. Cort nf
Civil Procedure, it Is error; but If he merely
falls to make a complete statement, the
party who desires that a further or fullr
statement be made, being present at the
time, should make a request to that effect,
and If he makes no request, 1 mere gen
eral execution to the statement of the trial
Judire will not suffice.
ICO06. Flannlgnn against Mathleson. Ap-
Jiesl from Douglas. Affirmed. Oldham. C.
!vlsion No. 1.
1. A grant of lands may be presumed from
acts of exclusive use and continuous occu
pation for tn years or more, when such
use and occupation Is accompanied by a
claim of ownership.
2. On an appeal In an equity proceeding
error cannot be predicated on the action of
the trial court in the admission of evi
dence. 3. Evidence examined and held sufficient
to sustain the judgment of the district
court.
1MT93. Byrnes against Elev. Error from
Platte. Affirmed. Glanville. C. Division
No. t.
1. When trial has been by the court with
out a jury, reversible error cannot be pre
dicated on the admission of evidence In the
absence of an sdequate showing by bill of
exceptions that Improner evidence was ac
tually considered by the court as the basis
of its findings, nor upon an exercise of the
court's discretion In allowing proper evi
dence in the case to be brought out on re
direct examination of a v'tness--
2. Evidence examined and held sufficient
to sustain the findings of the trial court.
13103. Martin apalnst Martin. Error from
Thayer. Affirmed. Hastings, C. Division
No. 1.
1. The proof and allowance of a will In
another state where the testator had his
domicile at the time of his death. If duly
authenticated, will be presumed to be lh
accordance with the laws of that state.
I. It Is not necessary to specially allege
the foreign statute, or to expressly prove
that the proof and allowance of the will
was In accordance with such statute.
13)06. Johnson against Anderson. Krror
from Phelps. Affirmed. Barnes, C. Divi
sion No. 1
1. In an action by a trustee In bankruptcy
to recover the proceeds of the property of
the bankrupt paid over to a creditor on a
Judgment In completed attachment pro
ceedings In his favor, within four months
of and before the filing of the petition In
bankruptcy, it must be alleged In the peti
tion that the preference was received by
the creditor having reasonable cause to be
lieve that the bankrupt waa insolvent and
by suffering the attachment proceedings
and judgment to be taken against him,
thereby intended to make a preference.
2. Evidence examined and found Insuffi
cient tc austaln a judgment in favor of the
plaintiff under the provisions of subdivision
of section t7 of th national bankruptcy act
of less.
8. Th trustee in bankruptcy may recover
money paid by the bankrupt as a preference
only when the person receiving It had rea
sonable ground to believe that a preference
was intended.
4. Held, that tha court. In the exercise of
a reasonable discretion, properly refused
to allow the plaintiff to amend his petition,
where the amendment tendered failed to
allege that the defendant, to whom a pay
ment was made by the Insolvent, within
four months before the filing of the peti
tion In bankruptcy, had reasonable ground
to believe that by such payment the bank
rupt Intended a preference.
13114. Parker against Knight Templars &
Masons Life Indemnity company. Krror,
from Lancaster. Affirmed. Albert, C. Divi
sion No. 2.
1. It is a settled rule of this court that It
will dispose of a case on the theory on
which it wa presented to the trial court.
2. A permanent waiver of a condition in
a policy of insurance would not be Inferred
from occasional indulgence shown a policy
holder
3. No Implication of a waiver of the te-ms
of a contract can arise from acts which
may be construed as a compliance with
such terms.
4. Where th sgent of an Insurance com
pany undertakes to act for and on behalf
of the assured, as to such acts, Tie la to be
regarded as th agent of th assured and
not of th company.
6. Where an insurance agent In taking
the application for Insurance agrees with
the assured to mak th payment falling
due on the policy for the assured for a
specified time, such agreement is not bind
ing on th company, snd in making pay
ments In pursuance thereof the agent acts
on behalf of the assured and not for the
company.
6. A Ufa Insurance policy, by the terms of
which the assured was requlrtd to pay a
specified amount on the first of each month,
provided, that If any such payment was :iot
received at the Chicago office of the In
surer before 12 o'clock, noon of the day
It was due. the rlak should be suspendel
and such suspension should continue un 11
the receipt of the payment at th Chicago
office within thirty days of the data It was
due; if not received within thai time, or
If the Insured should die during such sus
pension the contract of the insurance com
pany should Ipso facto terminate, although
the amount of the payment had been for
warded during the life of the aaaured. The
Insurer an anged -with a bank at L.. the
residence of the sssured, to receive such
pawents until the date they became due
snd notified the assured of the authority of
I lie bank to thus receive such payment.
Held: il That such arrangement operated
as a waiver of th place of payment and
that payments made to ths bank, on or be
fore the date they hecatne due. would pre
vent a suspension of the rink, regardless
bf th dale upon which such payment were
received at the home office. That pay
ment to 4he bank. In f-Jr to prevent a
suspension, was reu.uirt'J to be in. .do on
JH C&sSi Frizes 1
jjgglijl
ii!
U MAGAZINE jj
each month is the best fiction that it
is -possible to get. Full particulars
of this prize offer appears in the
December (Christmas) Number
i tjcra
Hi IF cfP
or before the date it fell due and if made
after that date the risk would stand sus
pended until payment was received at the'
home office within thirty days of the dale
u pecame nue and uurlng the life time of
the assured; if not thus received the In
surance Ipso facto terminated.
i3it4. Heatrlce Creamery Company against
Fitzgerald. Krror. from Ijiiicuxter. Af.
firmed. Duffle, C. Division No. 3.
1. A bond executed by the administratrix
of an eute cihtditloned thot she will re
imburse a propoBed purchaser of certain
lots belonging to the estate, upon which
a mortgage was being foreclosed, uny
amount ,n excess of 13,(Ki0 which he might
be compelled to bid st the foreclosure sale
is void us ugalnst public policy.
WVM. l,nne ntrulnst Bncnse. Krror. from
Saline. Reversed. Ames. C. Division No. 1.
l. in an action by a husband against his
father-in-law for alienating the affections
and enticing away the wife of the former,
such damages only are recoverable as are
the natural and probable consequence of
the act complained of, or are due to the
negligence or wrongful conduct of the de
fendant connected therewith.
1357. Campion agulnst Dattimer. Error,
from Beward. Affirmed. Barnes, C. Di
vision No. 2.
1. In a bastardy proceeding, a comdalnt
In which it is stated thut the complainant
is an unmarried woman, residing in ths
county where the complaint was filed, and
that on a certain day immediately pre
ceding its filing, she was delivered of a
bastard child, and that the accused la Its
father, is sufficient to sustain a verdict
of guilty, and a judgment thereon when
assailed for the first time in the appellate
court.
2. The matter of allowing Interrogatories
of a leading character to be put to a wit
ness rests tn tne sound dlHcretlon or the
trial court, and a clear abuse of sucn dis
cretion must exist to work a reversal.
8. The refusal to allow the introduction
of evidence to dispute the testimony of a
witness upon an immaterial mutter is not
reversible error.
4. Where evidence Is Introduced by an
ccused for tha purpose of establishing an
alibi, testimony which tends to dispute
such evidence may be properly received In
rebuttal.
6. Where the record contains competent
evidence from which the Jury may have
reaaunubly urrived at their verdict, i tie
judgment ot the trial court wil not be
reversed for wanf of evidence to sustain it.
6. Where the alleged nev ly discovered
evidence is merely cumulative, and it ap
pears thut the witnesses named in the
affidavits were all upon the witness stand
and testified during the trial, and no ex
cuse is shown for their not disclosing ali
of the facts known to them at that tlmo,
a motion for a new trial, based on thut
ground, should be overruled.
1314. Weston against Ryan. Error, from
Lancaster. Reversed and dlsmlsaed, Hast
ings, C. Oldham, C. (concurring). Ames,
C (concurring). Division No. 1.
1. "Change or modifications of existing
statutes us an Incidental result of adopting
a new law coveting the whole subject to
.which it relutes, are not forbidden by seo-
Uon 11, article III, of the constitution."
2. It is for the legislature to determine
aa to the applicability of a general luw
to a given emergency and us to. the con
sequent propriety or otherwise of a sjiecial
law.
3. This court will not undertake to say
as to the act of February 23, undr
which the ballots as to the adoption of
the amendment to section 4, article ill, of
the state constitution wer counted and
the result declared, that a general law
would have leeu applicable, and that the
act in question wus therefore unconstitu
tional. 4. Something more than mere Irregulari
ties and improprieties in declaring the re
sult pf an election should appear to war
rant this court in attempting to set aside
the solemn acts of the legislative bodies
and (he executive of the state aa to the
fundamental law of the state, especially
after such legislative and executive action
has been acquiesced In for sixteen yeais.
Ames, C. (concurring separately j.
1. The submission by the legislsture to
the electors of a proponed constitutional
amendment is not a legislative act. In
making such a submission the legislature
acts in a capacity strictly analogous to
that of a tonetitutionul convention and
are subject to such conetltutloual restric
tions and limitations only us have direct
reference to the exercise of that power.
Z. Aa act is not obnoxious to lb con
stitutional inhibition ugainst sa?cial legis
lation if the subject with which it .deals
is special aud particular in its nature.
3. Win n a proposed constitutional amend
ment has been diilv submitted to th peo
ple without prekiriix-d regulations with
reference to the manner of counting, can
vassing or returning Hie ballots, or as
crrta.i.ing or authenticating the result of
the election. U Is competent for the legis
lature to provide by special enactment for
so doing
la.v tnnahu against Gamble and IV.:.
Omaha against Kuthind buvinga bunk. Af
firmed on stipulation, following opinion In
On. aha againHt HoilRskins. No. lJiA.il.
'lie following opinions mill not be of
ficially reported:
114a.:. Ijtmb ugainst Wilson. Appeal from
iAiicaster. Reversed Inst. Ames. C. Divi
sion No. L I'nreponed
1. In ths absence ef a contract between
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partners touching the nature or amount of
services to be rendered by each In the
prosecution of the common enterprises, one
purtaer la not entitled to -compensation
fur extra attention, labor or services
devoted to th partnership business, byt
by agreement with his associate he may
become so entitled.
2. MutuaL promises afford a considera
tion for each other sufficient to constitute
a binding contract between the parties
making them, to do the things promiaed.
3. In the absence of .stipulations evidenc
ing a different intent, an employment of
an attorney - to prosecute a claim to a
recovery terminates with the rendition of
a Judgment thereon and the exhaustion
nf the usual legal proceHS upon the Judg
ment. It doea not include tho prosecution
of subsequent nations and proceedings to
reach the properly of the Judgment debtor
or to enforce liability ugainst his sureties
upon supersereas.
1-414. Hagseit against Harlan county. Er
ror from Harlan. Former judgment vu
cated; Judgment of the district court re
versed. Barnes, C. Division No. i. Unre
ported. 1. Bectlon 21 of article I, of the Consti
tution, provides th-it private property can
not be taken or damaged for public use
without Just compensation. Therefore a
land owner cannot be required to sur-
ender his land for a public roud until
his damages are first ascertained and
either paid or proper provision mad for
their payment.
2. Where a resolution Is adopted by a
board of county commissioners or super
visors preparatory to establishing a roud
within a county for which they are act
ing, either without Jurisdiction or without,
having proceeded upon proper notice to
ascertain the damages to property owners
caused thereby, und without having paid
such damages or made suitable provision
for their puyment. the appropriation does
not take place until the road Is actually
opened for public use.
3. In such a case the right to recover
the damages accrues to the person who
owns the land when the road Is actually
opened. ;
4. The fact that the person who owned
the land when the resolution was adopted,
asked leave to present s claim for damages,
which request wr.a refused by the board
u;id an attempted appeal from such re
fusal has he-a dismissed,' is no defense
to an ac'lor, by tha owner of the land at
the time the roud was actually opened,
to rerover his damages therefor.
11003. Backes against Black. Error from
Wayne. Reversed. Barnes, C. Division No.
1 Unreported.
1. A vendee who haa entered Into a
valid written contract for an absolute
sale of specific articles of personal prop
erty In which the articles are described,
the price agreed upon and the dale and
place of delivery fixed, ennnot terminate
the contract by simply giving notice that
be will not accept th goods.
2. In auch a caae the'vendor may proceed
with his part of the agreement and de
liver the goods, or tender them to the
vendee and a breach of th contract will
occur when the vendee refuses to ac
cept them and pay the purchase price
therefor.
9 It b v.nit. In an executory contract
1 of sale, or where the title to the property
has not passed to hltn, refuses to per
I form, a right of action for damage arises
in favor of the vendor for the Injury or
'loss he lias sustained by reason of ths
breach of contract, and this Is ordinarily,
or generally the difference between tho
market vulue of the property at the time
and nlace of delivery and the prlne fixed
bv the contract. Funk ugainst Allen, 61
Nebraska, 407, approved and followed.
4. An answer in an action in form to re
cover as dumuges the agreed price of the
a-oods under such contract, which states
that after the contract was signed the ven
dee notified the vendor that he would not
accept the goods, and that when delivered
or tendered he had refused to receive them
without giving any reason or excuse there
for, does not felale a complete defence to j
such action.
5. Held, that under th pleadings and
stipulated facts the plaintiff was entitled
to recover ut least nominal damage;), und
that a judgment for the defendant should
b reversed.
13"12. Tlchv vs. Bimecek. Appeal, Saline.
Affirmed. Duffle, t ., Department No. 3.
Unreported.
1. Objections to a rale and confirmation
examined und held Insufficient.
lSftf4. McAllister vs. Wrede. Error, Holt.
Affirmed. Karnes, C, Ijepurtnient No. Z
Unreported.
1. Where the taker up of trespassing
stock under the provisions nf chapter :!
of the Compiled Statutes, commonly called
the "herd law " bv his notice mukes an
Illegal demand o:i the owner as a condition
for Its deliverv. the owner may refuse tu
comply wltli such llleeal demand, lender
Payment of the amount of damages done
by such stock, and maintain lepievin t
recover Its possession.
I. In such a case the owner. In deter
mining the amount of the tender, arts at
his peril. For It th damages are shown to
exceed the amount tendered be will fall In
bis action.
1 Evidence of plaintiff In an action fur
per-conal Injuries received In a collision
with a railroad passenger train at a puMIc
crossing, set out In enlnlon. and held to
show contributory negligence.
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