TIIR OMAtlA DAILY HEE: TUESDAY. MAKCTl 1, 1004.
r
IES FROM BLOWS OF CLUB
Geo-g O'Hei 1, Who Scuffled with Officer
Msa.f, is Dead.
POLICEMAN STATES HIS SIDE OF CASE
r Tito Tsing Mea Attempted t
Take 1IU dab aad ll
, Was Forced ( Df
W (ease.
Ocorite O'Neill, the youn man who wu
Injured on the head while being arrested
at an early hour Sunday mornlnc, died on
the operating table at Bt. Joseph's h'pltal
about 10 a. m. yesterday. The Injurel
riinn prrew worse during Sunday night, the
occasional lucid Interval! becoming lens fre
quent, and thin morning but llitle hope
was held .for hie recovery. He Wan taken
to St. Joseph's hospital with the hope that
ponslhly an operation to remove the hHol
clot that had formed near the bra n would
ive hie life, but even that hope proved
futUe.
Officer Moore with whom O'Neill had the
euffl haa been suspended from the police
force and Is under arrest, to be held pend
ing action by the coroner's Jury aid the
tounty attorney.
Tha young man was 1 years of age,
bed lived In and around Omaha nearly all
his life and was well known. He had been
living with his parents at Florence and hd
worked for John Husste, 2407 Cuming street,
nd In the stove department at lis j del
Uros. His sleter, Mrs. J. W. McQlnnls.
lives at 3510 Bristol atreet, whence he was
taken Sunday after being attended by the
Police surgeons.
it Is said by those who have known the
young man for years that he seldom was
the worse for Intoxicants, and his mother
stated Saturday evening that b.3 had but
little, money with him and she thought he
was led to the extreme to which It Is said
he went.
Moore's Statement of Case.
In, his report to Chief of Police Donahue
Officer Moore said:
"About I o'clock Sunday morning I no
ticed two young men going Into Keatlng's
saloon and I followed them Into the place
and questioned them regarding their move
ments at that time of the morning. Fred
Hush turned to his companion and said:
Don't :! that anything.'
Then turning to me he said: 'I've licked
etter bulls than you." Then Bush made a
lunge for me, and his partner tried to take
my club. In the scuffle that followed the
screen mirror was broken,' and I think
Bush's head was hurt from contact with
tha glass. I arretted Bush for being drunk,
dlsurdor'.y and resisting an officer. At the
patrol box he threatened me with a razor,
the other fellow got away."
O'Neill's body has been removed to the
coroner's office where an Inquest will be
helq today at 2:30 p. m.
Announcements of the Theaters.
' Choice seats are still obtnlnuble at the
Krug theater box office for Mr. Fluke's
engagement Wednesday night. Mrs. Flake
has In her supporting company this sea
Bon two leading men Hoburt Bosworth
' and Vaughan Ulaser. Both ere players of
tried and proven ability, and they have
roles of practically equal Importance In
'Mary of Magdala." Mr. Bosworth has
fllled leading roles In support of Henrietta
Crosman, Julia Marlowe and other stars,
and recently won success In the leading
male role In "Marta of the Lowlands."
Mr. Qlsser Is best known perhaps for his
excellent work as leading man with Mrs.
Patrick Campbell. .
Thg -sale-of seats opened yesterday for
the engagement of Weber & Fields and
their oll-e'ar company at the Krug thea
ter Thursday and Friday nights. The de
mand waa heavy, but as the engagement
la for two nights many of the best seats
In the house are still available. The com
pany comes here direct from the most re
( markable theatrical engagement In the his
tory of Son Francisco. The Weberfleldlans
- played at the Grand Opera house, Ann
Francisco, and the receipts for the en
gagement of two weeks reached $(3,000,
which Is capacity business, a feat never
! before duplicated on the Pacific slope. San
Francisco took the Weber-Fields Co. to
Its heart as warmly as did Its home city,
New fork'. The bill for the Omaha en
gagement will bo the same as It was In
New York and Sin Francisco, namely,
"Whoop Dee Doo" and the burlesque,
"Catherine."
NOW IS THU TIME
To Visit Hot Springs, Arkansas, Via
tke Iron Mountain Rant.
The reason at the Oreat National Health
nd Pleasure resort Is now In full blast.
Climate unsurpassed. Hot Springs Special
leaves St. Louis dally at i:20 p. m., making
the run In less than twelve hours. Three
other fast traln-j dally. Handsome de
scriptive literature can be obtained free by
calling on or addressing T. F. Oodfrey,
City P'issenger and Ticket Agent, 8. E.
Cor. ltlh and Douglas Bt., Omaha, Neb.
Jadare Vlasoahater Hero vers.
Judge Vlnsonhaler waa present at the
county court room Monday morning for the
first time In nearly two weeks, having been
Great articles and charming short
stories make the March number of
MCCLURE'S
MAGAZINE,
. "the best at any price99'
Thomas Nelson Page
Sympathizes with the
South and knows what
he is talking about, in
the first of a great
series of articles on
the Negro Problem
CALEB POWERS -.
POLITICAL MARTYR
Samuel Hopkins Adams tells the incredible
story of Caleb Powers, who now lies in ,a
Louisville jail sentenced to death as an ac
complice ii the murder of Goebel justice
overthrown by partizan politics.
tss A COFY S1.SS FOR A YXAK-S SUBSCRIPTION. GET StcCLUgg FROM AMY
MEWBOIALSR. afcCLURB AOglfT, OR FROM THS PUBLISH EM. S. B. MoCLURS
COMPANY. 1I BART SSta RTRBaTT, NEW YORK
confined to his home with a severe attack
of the grip. He Is not yet fullv recovered
and will dvnte his time for a dny or two
to attending to the minor details of his
office rut her than to the regular routine of
court work.
Sorrow! Sorrow! lorronl
Ht. Andrews Preceptory No. 1 will hold
Kadosh service over the remains of our
lnte Bro. . Willard Westergard In their
Asylum on Tiit-edsy evening. March lt,
104. at 10:80 p. m. Brethren of the Ancient
and Accepted Seottlnh Rite and their
friends are cordially Invited to attend.
Doors will not be opened until 10 p. m.
and clos(Vl promptly at 10:30 p. m., after
which time there will be no admittance.
No cards of admission.
W. S. Bl'MMERS, Preceptor.
8. ROPER CRICK MORE. Recorder.
Covert l.oilae o. II, A. P. and A. M.
Brothers: You are requested to be at
lodge hall on Wednesday, March J, at
l:Sn p. m., to nttond the funeral of our de
ceased brother, Willard Westergard. A
general attendance la desired.
FRANK W. BOYER, W. M.
Attest: EBEN K. LONG. Secretary.
Card of Thank.
We wish to extend our heartfelt thanks
U the many friends and nrlghbnrs and also
Sheep Butchers' Union, No. .W, for their
kindness and sympathy during the Illness
and death of our beloved son and brother,
Joseph Irwin.
MRS. A. IRWIN,
JENNIE IRWIN,
JOHN IRWIN,
THOMAS IRWIN.
Hnmoaeelf era nu . ( titwntsta.
Tuesday, March 1, the Missouri Paclflo
railway will sell both one Way and round
trip tickets at very low rstes to certain
points In Kansas, Arkansas, Oklahoma,
southwest Missouri. Texas, etc. On the
round trips stopovers will be allowed on
the going Journey, with final limit of
twenty-one days to make tha trip. For
pamphlets, time tsblee, rates, etc., write
or call on any agent of the company, or
Thomas F. Oodfrey, passenger and ticket
rfgeot, southeast corner Fourteenth and
Douglas streets, Omaha, Neb.
M.-.sunte.
Regular meeting of Nebraska lodge No. 1.
A. F. and A. M. Tuesday evening, March
1st, at 7:30. Work In F. C. degree.
GEORGE A. DAY, W. M.
W. C. McLEAN, Sec.
I sterling teaspoons, $3.20. Edholm, Jwl'r.
Railway Xotea and Personals.
E. W. Nash and family arrived home
from an eastern trip Saturday evening.
Louis Belndorff, traveling passenger
agent of the I'nlon Pacific, has gone west.
A. K. Curts, traveling passenger aitent
of the Union Pacific, has returned from
a trip north.
H. A. Perkins, commercial ngent of the
Rock Inland, Is unable to be at his office
on account of sickness.
W. M. Walker, telegraphy operator In the
city offices of the Rock Island, Is confined
to his home by sfckncHH. He is suffering
with typhoid fever.
E. C. Griffin, general ag-ont of the
freight department of the Northwestern,
returned from Chicago.
George F. Thomas, general agent of the
Chicago Great Weatern, has gone to Bt.
Paul to confer with President Stlckney.
A call for a meeting of the Western Pas
senger association haa been issued for
March S. The meeting will be held In
Chicago.
W. A. Deuel, superintendent of the Ne
braska division, Charles Ware, assistant
to Mr. Deuel, and E. Buckingham, super
intendent of car service of the Union Pa
cific, returned from a tour of Inspection
Sunday evening.
It Is understood there will be extensive
changes made In the passenger schedule
of the I'nlon Pacific shortly after the re
turn of General Manager W. II. Bftncroft
from his conference with President Harrl
man in New York.
The Northwestern has leased an entire
floor In the Pioneer Press building at St.
Paol and Will open general western-offices
In that city. All of the business In the
west and northwest. It Is said, will be
handled from the St. Paul offices when
they are In running order.
J. M. Gruber, general superintendent of
tire I'nlon Pacific, returned from an In
spection of the Kansas lines of the com
pany. Monday. He was accompanied
by his family who will take up their resi
dence here. Mr. Gruber spent the fore
noon Iq search of a residence.
PERSONAL PARAGRAPHS.
Edward Blgnell of Lincoln, Is an Omaha
visitor, registered at the Paxton.
Mr. Bd B. Williams and his son, Ed B.
Jr., leave tonight for New Orleans and the
south.
C. E. Bannus of Alva, O. T., and Mrs.
G. G. Palmer of Fort Crook, are at the
Millard.
Mrs. Herman Kountso haa returned from
the east where she has been In attendance
at the funeral of her mother.
G. W. Wattles, president of the grain
excange, and Mrs. Wattles left Saturday
evening for a trip to Florida, where they
will remain some time.
L. Dlers of Humphrey, W. A. Faxon of
Hastings, O. R. Klock of Lincoln, Mr. and
Mrs. A. L. Field of Fllley, and John M.
Ragon of Hastings, are at the Murray.
R. E. Phillips of Lincoln. C. E. Hutchln.
son of Onion Oregon; M. V., Sheldon of
McCook. Phillip Uarretson of Denver
A. Bear of Norfolk and T. J. Hale of
Battle Creek, are at the Paxton.
Fred Nnsh 2d and wife came back from
New York Saturday evening. Mr. Nash
has been In the esst for his health, which.
It Is said, is very little improved. He will
live In a short time for Excelsior Springs,
Mo to see if the watere there will benefit
hlin. (
J. O. Thompson 'of Alma. Georce
M. Adams of Stanford, A. J. Baldwin of
menu, f . a. least or nyannis, E. l
Wlthnell of Colorado Springs F. B. Davis
of Lincoln, J. G. Garmon of Pender, and
F. Knlehard of Rising City, are at the
Merchants. .
The Troubles o! (he Trust
Ida M. TarbeU tells
how the Standard Oil
was accused of buying
Payne's seat in the
Senate. Mr. Rockefel
ler's reply was silence
LOCAL ASSESSORS NOT IN IT
Douflti County Hen Not Parties to
8. horns to Evicts Law.
PREFER THE FULL VALUATION SYSTEM
Before Passage of Heveaae Bill tbe
Ioral Assessors Gat Together
ia Favor of This
Basis.
The county assessors, so far as the city
of Omaha Is concerned, are not a bit wor
ried over the embarrassment that other
men holding like official positions In d'ffer
ent parts of the state seem to be getting
themselves Into by participation In a
scheme to get around the provisions of the
new revenue law 1
The plan. In brief. Is that an assessment
of the taxes shall be made on a valuation
of the property to be agreed upon by the
assessors, while the liw la that the assess
ment shall be made upon the basis of the
actual cash value of the property. The aa
sessora In a dozen counties In this part of
the state are said to be Implicated In the
making of this arrangement and are so
much In earnest about It that a meeting
has been called for today at Norfolk
to consider the question.
The reason for the lack of any apprehen
sion of the consequences of this meeting
on the part of the local assessors Is that
they are not In It or party to It In any way,
for before the revenue law as now In force
was enacted they had adopted the plan of
assessing the taxes upon the real valuation
of property, aa the law later made obliga
tory. In speaking of this matter County
Treasurer Fink said:
Commends t'alform System.
"There could be no doubt as to the ad
vantage that would accrue from a uniform
system of assessment at actual valuation
throughout the county. "S'tiere there Is a
lack of uniformity In this agard. If one
assessor makes too low an appraisal, It es
tablishes a standard for others that It Is
hard to explain or get around, and that
mixes things up generally, while If the
assessment were made at the actual valua
tion It would not only simplify things, but
would reduce the levy from 22 8-10 mills, the
present llgure In this county today, to 4 air
5 mills. This would look well to outside
capital and Interests, If nothing more."
Mr. Fink 'incidentally expressed himself
very stroaly In favor of the Imposing of a
poll tax In this state, as Is dons In many
others, and the exemption from taxation
of perhaps $200 worh of personal property.
Under the present system there are In the
Sixth ward. In this city, for instance, ap
proximately 8,000 people assessed at from
U to 35 cents each, and when It Is consid
ered that these assessments have to go
through a dozen processes before they are
collected and then more than half of them
are lost It is more trouble and costs more
than the whole thing amounts to. Under
the present law, 10.000 names could be
erased from the tax list and not have It
make $5,0u0 difference In the tax receipts.
GLAD TO SEEJTHE POLES GO
Ctvle I.rngnc People Gratified at
Progress BelnsT Made Under
Their Direction.
The Civic Improvement league Is pleased
with the progress made In extracting use
less poles from the city streets. At the
noon meeting Monday In the Board of Trade
building the committee which has been
acting is the advance guard In the Im
provement campaign reported .that- every
one, even the owners of the poles, seemed
glad to co-operate with the league and
offered every assistance and made good
promises.
The street cleaning problem will be the
next to receive the attention of the league
and City Engineer Rosewater was Invited
to be present at the next meeting Monday
and talk on street cleaning.
The rally which waa Intended for the
early days of March will not take place
before the middle of the month. E. O.
Rautzahn, the national organizer, will then
be present and will Illustrate his Improve
ment talk with 200 slides.
The legislative committee was Instructed
to have drawn up an ordinance for tree
planting and street parking, similar to
that In force In Minneapolis and other
cltlea. The street sign hoppers were
condemned. The committee having the
formation of Junior leagues in the schools
reported favorably. The committee on
membership and organization showed that
members are coming at a very satisfactory
pace. A committee of three was authorized
to compile Information for the public. The
league desires a war cry or yell which
shall be the slogen of the Omaha citxen
bent on improvement. Suggestions are
asked.
The regular meeting of the Central
Federation of Improvement clubs will be
held at the council committee room city
hall building, Monday evening March T.
THE WIlO.G DIAGNOSIS.
Prompt (be Use of Worthless
Remedies.
Even an experienced physician will some
times make a mistake In diagnosis. In
which event his entire treatment is wasted
and may even be Injurious to the patient.
The advocates of all other hair restora
tives save Herplcide have wrongly diag
nosed the cause of dandruff and falling
hair.
They figure en a functional disease,
whereas It Is now known and generally ac
cepted that hair loss Is due to a parasitic
germ which Newbro's Herplcide destroys.
There Is no substitute for Herplcide, ac
cept none.
Sold by leading druggists. Send 10c In
stamps for sample to The Herplcide Co.,
Detroit, Mich. Sherman at McConnell Drug
Co,, special agents.
TO SOLVE GARBAGE PROBLEM
Advisory Board Friday Will Sift
Nameroas Propositions Sub
mitted on that Matter.
Numerous propositions for the hauling and
disposing of. garbage, manure and other
waste matter will be submitted to the Ad
visory board Friday, according to Secretary
Cobum. Inquiries concerning the advertise
ment calling for a variety of proposals have
been coming Into the office and the ptomljo
Is for active competition. The effort Is
more to- determine the cheapest and best
plan for solving the garbage question than
to let a contract, yet tha latter. It Is said,
may be made after the board and council
consider the propositions.
TALKS FOR SCAVENGER LAW
City Attorney Wrtsht Goes to Llnrola
to Arano Before Supremo
Court.
City Attorney Wright will go to Lincoln
today to argue In tha supreme court for
the "scavenger law" and against the so
caJled Mlckey-Ager delinquent tax law.
The city wants to put the former In effact
to clear up the old taxes on the books,
while It la opposed to the latter measure on
the grounds that It will cause the loss
of much money to the municipality. The
case concerning tha "scavvnzar law" ta
merely to tost Its validity awl Laa faeonj
brought with the cognizance of tha city
legal department.
MORMONS GO TO WASHINGTON
President Smith and Others Prepared
to Testify In Herd moot Xen
r.te Inqnlry.
Trerldent J.-scph F. Smith of the Mormon
church, Apostle Francis M. Lyan, Andrew
Jensen, the ehurch historian; Hiram Smith
and six other elders In the Mormon church
passed through Omaha yesterday enmute
rrom Salt Ike Cliy to Washington, where
they will testify before the subcommittee
of the senate committee on elections and
privileges in the Reed 8moot investigation.
They arrived over, the I'nlon Paclllc and
left over the Northwestern for Chicago,
where they will take tha Baltimore & Ohio
for Washington.
President Smith and his associates de
clined to he Interviewed on the purpose
of tJielr mission or any phase of the Mor
mon question. Vet Information enme from
the president, indirectly, that he and his
church were prepared for a searching In
quiry Into the present status of polygamy
and polygamous cohabitation In Utah,
upon which rests the fate of their church
man as a member of the United States
senate.
What He Made.
A professor who waa easily Irritated con
ducted the clinic of nervous diseases at a
medical college, Chicago. Remarking about
the Influence of occupation upon nervous
conditions, he Illustrated by a patient, an
awkward Swede, requesting him to be brief
and accurate In his replies, as both teacher
and students were tired out and time lim
ited. "Now, ult, what do you do?" ho com
menced. "Aw am not vera well." V
"No! I say, what do you do?"
"Oh, yns. Aw verk."
"Yes. I know; but what kind of work?"
"Oh, eet ees hard verk."
"Yes, but do you shovel, drive a car, work
at a machine, or do"
"Oh yas. Aw verk at a mashcen."
"Aht What kind of a machine?"
"Oh eet ees a big masheen."
By this time the class was grinning
broadly, which caused the professor to be
angry, and ho said:
. "Now, look here, sir; I want no more of
this. You answer the questions I ask you
or go homo. What do you make on this
machine?"- ,
"Oh, now Aw understan' yo'. Yo' vant to
know vat Aw mak on he mnsheen. Aw
mak 17 cents an hour." Philadelphia Led
ger. Notes from Army Headquarters.
Privates First Class L. F. Metzger and
Benjamin D. Hicks, hospital corps nt Fort
Riley, have been transferred to Fort Meade,
S. D. Flrst-ClHss Private II. S. Cox, hns
pltal corps, had been ordered transferred
from Fort Meade, 8. D., to Fort D. A. Rus
eell. Wyo.
Second Lieutenant Orson L. Earlv. E'gfith
cavalry, has been relieved nn a member of
the general court-martial convened at Fort
Riley, and First ..Lieutenant Clarence
Deems, Jr., artillery corps, has been de
tailed to succeed the former as a member
of the court.
Second Lieutenant Josenh H'vthe,
Twenty-fifth infantry. Fort Niobrara, Neb.,
has been detailed Inspector of beef cattle
during the remaining portion of the flsrnl
year. 19W4, at the Rosebud Indian asency.
vice Second Lieutenant Ned M. Gretn.
Twenty-fifth Infantry, relieved.
The unexpired portions of the sentences
of confinement of late Privates Frank
Mays, Troop E. Foarth cavalry; Ja-rea
Simmons, Troop D, Twelfth cavalry;
Charles J, Way. Thirteenth battery, field
artillery, and Albert- H. Troupe, Company
I Sixth Infantry, have been ordered re
mitted by Brigadier - General Wlnt. com
manding the Department of the Missouri.
Orders hHve been Issued from army head
quarters for the payment of troops In the
Department of the Mlgsourl for the month
of March as follows':' Major J. A. Watrous
will -pay the I rop, u For t Des Moines;
Captain John R. Lynch will make payment
at Forts Washakie1 and Mackenzie, and
Captain Brad I). Blauahter will make pay
ments at Fprts Niobrara and Robinson,
Neb., and at Fort Meade, B. D.
Mortality Statistics.
The following births and deaths have
been reported to the Board of Health dur
ing the forty-eight hours ending at noon
Monday:
Births M. D. Albrecht, 2727 Chicago, girl;
Christ Partsch, 3tl South Fifteenth, girl;
Charles E. Willlumson, 610 Woolworth
avenue, boy; A. C. Heunlng, 2332 Poppleton
avenue, boy; A. C. Heunlng, 2332 Poppleton
Fifteenth, boy; William HyBlop, 3182 Fow
ler, girl.
Deaths Hans Frederlekson, 41! South
Twentieth, 49Chrlsttan Hansen, 2225 North
Sixteenth. Lizzie H. Bay. 958 North Twenty-seventh
avenue, 42; Thomas O. Olsen,
2iWfi North Thirty-third, 9 months; John
Klmmell, 1613 Leavenworth, 66: Alice Sham
blln. 621 North Sixteenth, 17; Ada May
Chapman. 2228 South Sixth, 2 months; V. C.
Smith, county hospital, 62.
D1K1H
0"NEILL George, aged IS, Mond.iv morn
ing, February 29, at St. Jpseph'a hos
pital. '
Funeral Wednesday morning at 9 o'clock
from resilience. 2110 Bristol, to Sacred Heart
church. Interment at Holy Sepulcher.
LOCAL BREVITIES
Erneat J. Schroeder of Osmond. Pierce
county, filed his voluntary petition In bank
ruptcy In the United Btntes district court
this morning. His liabilities are scheduled
at $4,360.50, and his assets at J3.4S3.
9
hi A Drominent club woman.
Mrs. Danforth, of St Joseph,
Mich., tells how she was cured
of falling of the womb and its
accompanying pains and misery
by Lydia E. Pinkham's Vegetable
Compound.
" Dba a Mb. PunUUs : Life looks
dark, indeed when & woman feels that
her strength Is fading away and she haa
no hopes of ever being restored. Such
was my feeling a few months ago when
I waa advised that my poor health waa
caused by prolapsus or falling of the
womb. The wordg sounded like a
knell to me, I felt that my sun bad set ;
but Lydia E. Pinkham'g Vege
table Compound came to me as an
elixir of life ; it restored the lost forces
and built me np until my good health
returned to me. For four months I
took the medicine daily, and each dose
added health and strength. I am so
thankful for the help I obtained through
its use." Mrs. Flobenck Da.vfobtii,
1007 Miles Ave., St. Joseph, Mich.
tWOO forftit If orllmil of aeous tatttr prtoinf
nullum saiwot as mn4tic4.
"FKEE MEDICAL ADVICE
TO WOMEN."
Women would save tims and
much fiU-knex if they would
write to Mm. l'lukhatu fortxdvice
aa soon an any dlstreasini; vmp
tonia appear. It is free, anil has
put thousands of women vu til
xitfkt retvd to recover.
21
SUPREME COURT SYLLABI.
13174. Clancy agnlnst Ilarkor. Error from
I'ouglas. Reversed. Albert, C. lHvislon
r. s.
1. In receiving a gticut Into his hotel a
hntelkeepcr Impliedly undertakes that such,
guest shall b trentcd with due considera
tion for his comfort and safety.
2- A trespass committed umii a guest In
the liott-l hy a servant of the proprietor,
whether actively engaged In the discharge
of his duties at the time or not. Is a bresch
of such implied undertaking, for which the
proprietor is liable in damages.
S. It is not within the scope of the au
thority of a hire,! manager of a hotel ti
t'lnd his employer by admissions concern
ing such trespass alter it had been com
mitted. 4. When such admissions are made a day
after .the trespass, and only remotely con
nected therewith, they are not admissible
In evidence ns a part of the res gestae.
131.5. Hllilile ng.ilnst Furmin. Krror from
Saline. Reversed. Ulanrllle, C. IMvlslon
No. .
An order of a county court refusing nn
application to file a claim against an es
tate, because presented after the exnlra
,? of,the time allowed for presenting
claims. Is a final order from which an ap-P-l
to the district court will lie.
.n,.I ,ne ,,me tor presenting claims was
published prior to making the order fixing
such time. Held, that claimant Is entitled
to an order allowing her clnlm to be filed
"nd directing a hearing thereon.
5. Held, also, that such an order Is clearly
Justilled by the evidence.
4. In a hearing upon surh an appeal,
neither party Is entitled to a Jury trial.
6. A Judgment of the district court upon
such an appeal remanding the cause to the
county court with direction to "permit the
filing pf the claim and to set a day for
hearing, and to proceed to hear and" pass
upon the same," Is not the proper judgment
but a hearing In the district court on such
claim should be had In the same manner
as though the appeal had been from an
order disallowing the claim upon hearing
Omaha Gas Compnny against South
Omaha. Krror from Douglas. Affirmed.
Klrkpatrlck, C. division No. 3
1. Petition examined and held, not sub
ject to domurrer upon the ground of im
proper Joindure of causes of action.
2. In an action by a city against a gas
company upon a bond given by the latter
Jo Indemnify the city against loss through
the recovery against the city for injuries
occasioned by open trenches dug by the
company, the execution and delivery of
the bond was admitted, and the evidence
established the recovery of a Judgment
agnlnst the city for a personal Injury re
sulting from an open trench dug by the
company. Held, that there was a liability
against the company on the bond, and that
the city was entitled to Judgment. Held,
further, that evidence of the presence or
absence of negligence of either the com
pany or the city as related to the Jury
was Immaterial.
. 3. Instruction examined and held, prop
erly refused.
UW. Falksen against Falls Cltv State
Bank. Krror from Itlchardaon. Afllrmed.
Ames, C. Division No. 1.
1. An agent who, In good faith and with
out negligence, nets "upon his own under
standing of faulty or ambiguous Instruc
tions, la not liable In damages to his prin
cipal, although his interpretation of them
may be erroneous.
lam Maurer against State ex rel Gage
Count. Krror from Oage. Reversed and
dismissed. Ames. C. Division No. 1.
1. hen one whose term as a public offi
cer bait expired hns made full, complete
and truthful report of the public moneys
which came into his htinda during his In
cumbency, and of the disposition which he
has made of them, but retains some of
them under a claim of right alleged to be
unlawful, mandamus is not a proper action
by which to litigate the claim
1.TO7. Ooodwln nfT.iinst Harris Krror
from Douglas. Reversed. Hastings, C.
Division No. 1.
1. In the absence ot a statute providing
otherwise, unless such demand Is waiv"dl
nttonpa,ntrk frf'tUre ot the ",
no wol snuchhi5ernedhe,d ( COnta,n
3. The amendatory act to section 1020 of
YOU CAN
For 75 Cents a Woek and the
" """SiBHBSMSBMSIBMBBMBSWBBBa.
Rental Hay Be Applied on the Purchase
Our offer Is so very reasonable that every one Interested at all may easily
secure a sewing machine. With tho Introduction of the eewlng machine Into
the home comes the ability to make In tapestry
100 Different Beautiful Designs
Think what that means In the way of beautifying your home.
FREE INSTRUCTIONS DAILY AT
OUR STORE.
' Positively the Last Week
NEBRASKA
CYCLE CO,
WE ARE THE
LARGEST DEALERS IN
SEWINCJ MACHINES
IN THE WEST.
GREAT BARGAIN'S IN
NEW AND
SECOND-HAND
SEWING MACHINES.
CEO. K. MICKEI,, Mar
ICth & Harnejr streets
Tel. 1MKI. '
4112 K St., South Omaha,
B-way, to. Ill air.
8
Orchard & Wilhelm
Carpet Company.
THE BIG SAMPLE FURNITURE SALE ia on.
Hundreds of bargains are here for your inspection.
Never before have we had bucLi a brilliant arra'y of em
phatic samples, consisting of five manufacturers' entire
furniture bample lines.
Dressers and
Chiffoniers
A New York manufacturer's entire
Grand Kuplds sample line of these
pretty piece. In ipiUlrn oak, bird's
ee mapie, curly birch and mahogany,
which are nn saJe at about one-third
to one-fourth less than retrular.
lir.Rstrs In tills vule at tU.SU up to
m .ui.
Chiffoniers In this salo at lo.&J up to
$:il.5o.
Hall Racks
and Mirrors
A Michigan manufacturer's entire
sample line of Hanging and Standing
Hal Racks. In this sale Standing
Hall Racks at $22 .50 up. Hanging Hall
Mirrors, t.'.Du up to 112.75. A saving
uf at least one-third from regular.
Sideboards A Miourl manufacturer's entire sample lino of Slde
I boards In this bin sale at a avinar of at least one-third.
Selling prices in this Bale 127.60 to t3j.50.
C. H. FREDERICK CO.
1504 FARNAM STREET.
$3.00, $4.00 AND $5.00 HATS
Agents (or the D U.N LAP anil STETSON. Complete New Stock
of Furnishing- Ooodg. Traveling and 5ulU Cases.
the Clvtl code of 1T7&, providing for de
mand of rent and foifeitiire at any time
after default, held unconstitutional ns not
properly entitled snd not repealing the
section sought to ! smrnded and leaving
the common law requirement of demand
on the rent day in force until the cura
tive set of lm
WIS. Oakes against 7-rlmer. Appeal from
Lancaster. Afhrmed. Hastings, C IMvlslon
No. I.
1. The dismissal of an application made
by a nonresident defendant to open n de
cree under the terms of section 8.' of the
Code of Civil 1'roeedure for want of notice,
when such dismissal la based on defects In
the answers tendered, does not bar a new
application In which such defects are
remedied.
t The first dismissal, however, bars An
other one on the samn grounds as the first,
unless It affirmatively nnDcars from itie
I rvcord that such matters were not consid
ered on their merits. '
3. The answer In the present rase held to
' tender no Issue ss to the enistence or the
amount of the plaintiff s tax lien. The for
mer answer, which was held Insufficient,
presented all the facta on which appellant
"Thf bct little, friend I hAve .
LIEBIG COMPANY
EXTRACT OF BEEF
USED BYOOOO COOKS CVtYWHKA(
ROCK
SPRINGS
COAL
$7.15 Per Ton.
Central Coal &CokoCo.
NOW RENT A
THE USE OP THE MACHINES IS
FREE TO YOU.
of Our Sewing School.
TELL. VS WHAT YOU
WANT. WE ARE SURE
WE CAN SL'IT YOL
SEWING MACHINES
TAKEN IN EXCHANGE
OF AND PARTS OF ALL
MAKES CONSTANTLY
ON HAND.
Rockers and
Fancy Chairs
An Ohio manufacturer's entire sam
ple Una of Fancy Rockers and Odd
Chairs, In mahogany, weathered,
goldon and Antwerp oak, wood seat
and leather seat. Exceptional values
In this sale at KM up to Kl.OO each.
Library
Tables
Undoubtedly the greatest values In
Library Tables yet offered. Borne, very
choice designs in solid mahogany,
at almost 6o per cent loss than regular
prices. In this sale prices range from
I
hnsvs a rlnlni of rtsht to open the decree
merely f r the pi:-pFp of redeeming There
ru ing nothing in the reccTil to Indicate thst
this question was not heard upon Its merits
It must le divined settled by tho former
dismissal and Us affirmance.
I.wiai. Covcv against lienrv. Krror from
Howard. Affirmed, rawcrtt, C. Division
No. i.
1. A verbal contract with sn agent or
broker to sell lend for the owner or to ob
tnln a purchaser therefor Is void,
I. A fnlluro t- state a eause of action In
the petition cannot be cured by averments
in tho reply.
S Petition examined and held not to state
a cause of nrtlon.
1'1I. Chesley against Rocheford Oould.
Krror from Douglas. Former decision ad
hered to. lMstlngs, C Division No. 1. Vn
roporteil. Kvldenco examined and held to sustain
the former concl.islon thst plaintiff was a
bnr( licensee on the premises where ha
was Inlnt'd. who took the risk ot them aa
ho found them.
1S-K Wedding ftlngs. Edholm, Jeweler.
g-1 .- - . . 1 '.'!. - 1 I
Women's
Gymnasium Shoes.
There hns been a great scarcity of
the 11.00 gymnasium shoes but we
have Just received, a complete line of
sizes In exford style soft kid stock
rough turn soles, very flexible can't
slip with these shoes. s
This Is the very shoe you have ben
looking for and nt last we have been
tible to get plenty of them.
The gymnasium girl will appreciate
this 11.00 shoe.
DREXEL SHOE CO.,
1419 Farnam Strejt.
Omaha's U-i3-Di:) Shoo Hoj
S5E3RK3
SsBSZ
CLOSING OUT
-all ocR-
Buggies, Carriages
and Wagons '
FREDRICKSON
Fifteenth and Capitol Ave.
Read our special "ad" every Sunday
and Wednesday in The Bee.
TELEPHONE 431
HI KAHNAM ST.
SCRANTON HARD GOAL
ALL SIZES.
ROCK SPRINGS GOAL
CANON CITY NUT GOAL
FOR COOK STOVES
And many other grades, from cheap
Ckt to the best.
Nebraska Fuel Co.
1(14 Farnam St. Phone L
jpne resg ot
Everything
9
The Only Double
Track Railway
to Chicago
The Omaha
Chicago Train
rr Exeellencs
1 Ko. em$oliii truin madt
P in Omuh daily OS
'HUE at 6:50 p. m.t trri.
ng Chietgm i:Sa ntxt twrn.
tff. Xirv, Jiujfel far,
btrbtr, nets btundtrii SUtp
r, t'isirC'aii JCvtrytMnj.
-City Offices
4401-1403 FARNAM 8T.
OMAHA
TEL. 2A.R1
Charles F. Krello
TIN. htlEliT IRON AND FURNACE
WORK, ETC.
All Kinds of Furnace and
Stove Castings on Hand.
010 I. 13tk SU . Tcleyltwa 3tU
1
II