TIIE OMAHA' DAILY BEE; BATTJKDAY, 'APRIL SO, 1904.
ECCENTRICITIES OF GENIUS
8trng Models of Freak InTsntloM to B
ronid in tfci Patent Offloe.
CRAZY OFFERINGS OF HUMAN BRAINS
eeeeealaa at Daetees Deslaa4 te
Beaeflt Makl4 Reoalre a Huh
Atteatlea aa Maritarfsao
, Articles,
Tha crasieat offspring of tbo human
brain mar ba found In tha fraak Inventions
which fo forth from th United States
patent offloa. Almost dally soma Inventive
genius offers a model of something which
will benefit tha world at large, and per
haps within the same hour some lunatlo
seeks a patent on soma rattle-brain Idea
which he avows will oause men to live
COO years If they will follow his Instruc
tions on "tha perfect system of physical
culture."
They aro a study, these freak ' models.
Ideas and suggestions, and yst the exam
iners In tha several divisions ara required
to give tha same careful consideration to
tha "patentable" merits of each and every
freak application .as they would to the
most valuable offering of Edison or any
mi tha other great Inventors.
President Lincoln was among the first
to offer an Impracticable device an un
saleable steamer, the model of which Is
till among th assets of the patent offloa
In the freak model room. Mr. Lincoln
ought and obtained a patent on his
steamer In 1849, but the patent was all he
aver got, tha "unslnkable steamer" proving
a rank failure. Soon after this patent was
Issued another man came along with a
"velocipede boat," and It shared the same
fate as tha unslnkable steamer. An eo
centrlo Inventor's model Is for a life-saving
appliance, a ehalr In which a shipwrecked
person has only to lash himself firmly and
float In ease and comfort, supporting life
with a supply of hardtack stowed In a
drawer In the chair. There Is a corset with
airtight compartment, designed for Ufa
saving purposes.
BorlaaT Throagk tha Earth.
Another man of large Ideas contrived
and perfected a machine for boring through
tha earth, and this model Is still a terror,
a nightmare, for certain examiners In the
office. 8UU another had a schema for
signalling and talking to th people of
Wars, his plan being to have a grand Il
lumination by means of fireworks simul
taneously all over the globe. A man from
California, who believed It not Impossible
to visit Mars, submitted a model of a
wooden man with wings. In shape and
movement like those of a bird. The wings
are strapped on to th shoulders by a
band that goes over his chest and eomos
out under his arms. There Is a tall, also,
Ilk a bird's, and the wing and tall are
controlled by th Inward movement of th
arms, and are harnessed to them by
straps. There are a number of other
'freak models, or models of freak flying
machines, Prof. Langley has not yet
mad application for his "bustard," and,
since the War department has daollned to
put up more money for th professor's
experiments In aerial navigation. It may
fce several years before his application
is died.
An Inventive genuls, evidently impressed
with th necessity of getting down to
business. In th early hours of the morn
ing, patented a bed which he guaranteed
capable of wooing the sleeper all through
th night, but when time cam to get up
It would turn Into a diabolical fiend and
hurl th sleeper mercilessly on the floor.
Th model of th bed looks like a whole
some, motherly bed, full of gentleness and
repose, but It Is not, and "buoks" like a
bronco at th proper time.
Call Bos 1b a Ooffla.
Should on not be exactly ready to take
th last long sleep, a man from New York
has patented a "burled allv coffin," so
arranged that th whilom dead man can
get out or call assistance, Th model
hows an ordinary burial box, at th head
nd of whloh la a square opening, which
receives th lower end of an elongated
box or trough large enough to permit a
man to crawl through. This trough la set
on end, th lower and over tha face and
cheat of th alleged dead man, and th
other projects a foot or more ever th top
of tha grave, A wooden, stick or arm 1
nailed to on aid of th upper or outer
nd, upon whloh a bell la hung. To this
bell la attached a cord, whloh runs down
th trough and Is tied to th man's hand
In th coffin. In cue of his waking up If
he la not thoroughly dead a alight move
ment will suffice to ring ths bell, and th
sexton can do th rest dig him out.
Perhaps a far more practical modal la
that of a hand sewing machine, deslgaed
for sewing on patohes to worn and torn
garments. It looks Ilk a pair of large
scissors, and la worked up and down Ilk
th blades of shears. Could th machine
prov praotloal, patient and overtaxed
mothers could have their small boys march
up In regular order and have the patch put
on "whll you wait." But the small boy,
as weU as th email girl, la abundantly
looked after by th freak Inventor, there
being more than 1,000 models of patents Is
sued for their benefit and, amusement, toys,
of course, taking th lead. Her Is th doll
baby which sucks a bottle, the doll which
ays "Pleas glv me a penny," th doll
with Inald machinery which enables It to
walk around th room, and hundreds of
similar dolla, Almost everything which
man has been able to do, men have made
toys to repeat almost perfectly.
A MetaJlla Cat.
A rraa who really wanted to benefit man
kind patented a sheet Iron cat. a felloe
which works by clockwork, and which baa
a- bellows Inald of It whloh swells up Its
tall and causes sounds to emit which would
awake aa entire neighborhood. Th cat's
claws are of steel, and when the animal Is
wound up and placed on a roof It Is ready
to deal death blows to every midnight
prowling cat In seven blocks. Still another
man was given a patent on a paste ward
cat covered with phosphorus so that it
shines In th dark and Is used for fright
ulng oft rats and mice. There or lumi
nous mutchboxes snd luminous ghosts to
, scare away robbers, these latter to be used
In burial grounds and cemeteries waer
ghouls are In the habit of visiting. There
Is an umbrella which can be changed Into
a pipe, and en Innocent looking walking
can has a glass inside which will hold
one-half pint of whisky, recommended by
th Inventor aa a "most convenient and
useful article for use In prohibition states."
Just now, when th suburban citlxen is
getting ready to plant his garden. It might
be well for him to Investigate the patent
"chicken hobbler," a device to be attached
to a chicken's leg and which will fore It
t move onward If an attempt to acratoh
is made, and will make th most per
latent old hen walk right out of a garden.
Thar la also a patent machine her for
forcing nos laying liens to produce eggs.
This Is a ready mad neat with three
false not faulty eggs place In It. and
tha Inventor asys that a hen with ths
least ambition would not refuse to iay
after aha had a look at the tempting nest.
Tha short preacher or the long preaeher
will find a pulpit made for Just "his six,'
It being arranged so that by pressing a
button It can be moved to any height de
sired, la the same row of models la
"lovero gate." which will swing both
ways and which caa be raised or lowered
to suit th six of th lovers. St iVtlla
baa had many remarket" Imitators, judg
i
TIIE
ILLUSTRATED
DEE
GOOD TAMOS AIE MADE bottor by
proper treatment, and that Is
another reason why Tbo Illustrated
Bee la so popular; for It never fur
nishes Its reader anything but
what la good, and It always Im
prove on the ordinary presenta
tion of a feature by giving it the
finishing touch of appropriate Illus
tration. It tella the story in an in
intelligent and attractive way. and
then clinches the point by showing
pictures that are really as much of
the story as the text This dis
tinctive feature of the paper is
recognized by all who are familiar
with it snd it has come to be taken
as a matter of course by the regular
patrons. Others soon learn it and
become patrons, too. Is the num
ber which will be out on Sunday
are several things of Importance as
well as of interest War still has
precedence, and Is properly cared
for. "Russia, Manchuria's Alad
din," tells how the cxar cared for
the land of Mancnus after his
armies bad all but exterminated
the natives, and is illustrated from
recent photographs taken along the
Amur river; "The Occupation of
I'ing i'ang by the Japanese" is il
lustrated from photographs made
for Collier's Weekly by Robert Leo
Dunn, who has been with the ad
vance column of the mikado's army
from the first. "The Union Label"
is the subject of Frank O. Carpen
ter's weekly letter; "Omaha's New
Fire Department" gives a notion of
some great Improvements that bare
been recently made; "Nebraska and
Her Public Schools" is an article
by Mrs. Carrie L. Grout that will
interest all who have the school
system In their minds; the opening
of the St Louis exposition is. prop
erly treated, the illustrations being
from splendid photographs made on
the grounds recently; "A Child's
Letter from a Castle on the Sea" is
a novel way of telling bow children
spend time on a transatlantic steam
ship; "The Dower Chest Girl of
1004" deals with one of the newer
fads of the dear things; then there
is the serial story, the Illustrated
Woman's Department all the cus
tomary collection of chatty com
ment crisp anecdote, selected mis
cellany, and a number of individual
pictures that will be greatly enjoyed
by any and all. If you are not now
a subscriber, you should leave your
order with your newsdealer today.
TIIE
ILLUSTRATED
BEE
Ing from the models of musical Instru
ments. tA. violin with a horn attachment
Is a fair sample, the horn being at the
neck of the Instrument There Is a com
bination Instrument representing almost an
entire brass band. A violin maker has a
patent on a violin made entirely of hard
ened glue, and believes that he has solved
ths question of tone producing violins.
The wisdom and the foolishness of man's
Intellect can be well studied by an ex
amination of th models In th patent
o flic. New York Tribune.
ENEMIES OF THE WHALE
laauaotas la Alaskan Waters
eoaater Hage, Back-BraaJtlas
Face.
While operating a fishery In Admiralty
Island, Alaska, last summer, my attention
and tha attention of the fishing craw was
almost dally attracted to a large marine
creature that would appear In th main
channel of Seymour canal and our immedi
ate vicinity. There are large numbers of
whales of th species rorqual there and th
monster seemed to be their natural en
emy. The whales generally travel In
schools and while at th surface to blow
on would be singled out and attacked by
th fish and a battle was soon In order.
It Is th nature of the rorqual to make
throe blows at Intervals of from two to
three minutes each and then sound deep
and stay beneath the surfac for thirty
or forty minutes. As a whale would come
to the surfac there would appear always
at the whale's right aid and just about
where his head would connect with the
body, a great, long tail or fin, "Judged
by five fishermen and a number of In
diana after seeing it about fifteen times
at various distances," to be about twenty
four feet long, two and one-half feet wide
at tha end and tapering down to th
water, where It seemed to be about eigh
teen Inches in diameter, looking very muon
like the blade of the fan of an old-faah-toned
Dutch windmill.
Tha great olub was used on th back of
the unfortunate whale In such a manner
that It waa a wonder to me that every
whale attacked was not Instantly killed.
Its operator seemed to have perfeot control
of it movements, and would bend it back
till the end would touch th water, form
ing a horseshoe loop, then with a sweep It
would be straightened and brought over
and down on th back of th whale with a
whack that could be heard for several
miles. If th whale waa fortunate enough
to submerge Itself before the blows came
th spray would fly for a distance of 100
feet from th effect of fll strike, mak
ing a report aa loud as a yacht's signal
gun.
What seemed almost remarkable to me
was that no matter which way th at
tacked whale went, or how fast (th usual
speed la about fourteen knots), that great
club would follow right along by Its aid
and deliver those tremendous blows at
Intervals of about four or five seconds.
It would always get In from thre to five
blow at each of th three times the
whale would com to th surfac to blow.
The whale would generally rid Itself of
the enemy when It took it deep sound,
especially if tha water was forty fathoms
or more deep. During th day th at
tack waa always off shore, but at night
the whales would be attacked In th bay
and within 400 yards of th fishery.
I do not know of any whales being killed,
but there were several that had great boles
and sores on their backs. Questioning the
Indians about It Z was told that there
was only one, that It had been there for
many years, and that It obos attacked an
Indian oano and with on stroke of th
great clua smashed th canoe into spUn
tars, killing and drowning several of Its
occupants. Forest and Stream.
Rudolph, ladles' loUorliig, tm Famaia.
I0TZJ 61 t)LkU SOCIETY
One of the prettiest of the spring wed
dings was solemnised Wednesday evening
at o'clock at the home of Mr. and Mrs.
Oeorge N. Strawn, 1315 Georgia avenue,
when their daughter. Miss Cleda Strawn,
waa married to Mr. Nathan Roberta of
Kansas City. About forty guest wit
nessed th wedding servloe, whloh waa rand
by Rev. Robert Tost the bridal party
standing under a marriage bell of greens In
th palm-banked bow window of the roar
parlor. Th wedding march, the Bridal
Chorus from Lohengrin, was played by
Master Frank Strawn, the bride entering
th room with her father, who gave her
away. She was gowned in her graduating
dress eg white Persian lawn and carried a
shower of bride's roses. Mr. and Mr. Rob
erta left Wednesday evening for their wed
ding trip, to be at home after May 10 at
Kansas City. Among the out-of-town
guests present were: Miss Maude Compton
of Cedar Rapids, Neb., and Mrs. Qraoe
Scheer of Missouri Valley, la.
For Miss Blanch Bourka of Salt Lake
City and Mrs. Robinson of Rock Island,
who Is Mrs. William T. Burnea' guest Mrs.
John A. McShane gave tea yesterday aft
ernoon to about fifty guests. Yellow daffo
dils and yellow candles trimmed the rooms
and th tea table. The hostess was assisted
by Mrs. William Tracy Sums, Mrs. Charles
T. Kountxe, Mrs. E. 8. Weetbrook, Miss
Hlgginson, Miss Carlta Curtis, Mrs. E. C.
McShane, Miss Belle Dewey, Mies Brady,
Miss Wakefield and Miss Gore.
Mrs. P. P. Klrkendall gave a handsomely
appointed luncheon yesterday In compli
ment to Mrs. Walker of St Louis.
Miss Wakefield I spending a few days
visiting friends In Lincoln previous to her
departure for St Louis. 8 he will return
to Omaha Monday.
Mrs. S. O. Strickland and Mrs. Wilson
Lowe and Mrs. Lyman, who have been at
Exoelslor Springs, returned the early part
of the week.
Mrs. William Cockrell has gone to St.
Louis for a visit of several weeks with
friends.
Mr. and Mrs. C. L. Lyons and daughter.
Miss Katharine, have gone to Salt Lake
City.
Mr. George Strawn left Thursday even
ing for Chicago, where he will make his
home In future. Mrs. Strawn and son
Harry will Join him there soon.
Mr. and Mrs. J. W. Towle are at home
In their new residence, 211 South Thirty
sixth street.
Mr. and Mrs. W. J. Burgess left last
evening for Kansas City to attend the
derby Saturday.
Miss Varolyn Leeder has returned from
Des Moines, accompanied by her sister,
Mrs. Joel Griffiths.
Mr. and Mrs. John Fenton will leave for
the coast via train No. 6, Union Pacific,
Friday. Mr. Fenton will return In thirty
days, while Mrs. Fenton will remain on
the coast for several months on account of
ill health.
Mrs. Samuel Burns left yesterday for the
east and Is spending several days with
her daughter Mrs. O. T. Eastman, at
Evanston, III., before going to New York.
Mrs. Encell and daughters left Wednes
day for a month's vlBlt In Colorado.
Mrs. Henry Blum has returned from a
two week's visit In St. Joseph and will
resume her at home days Tuesday.
SUPREME COURT SYLLABI
The following opinions will be officially
reported :
13538. Melnhardt against Newman. Ap-
eal from Thayer. Affirmed. Oldham, C..
Hvlslon No. 1.
1. It is not a hard and fast rulo, that an
agency shall be deemed to have been re
voked for all purpoees by the death of the
principal aa against those dealing In good
faith with such agent, without knowledge
of revocation and within the scope of his
actual and ostensible authority.
2. Evidence examined and held sufficient
to sustain the judgment of the trial court.
1846. South Omaha a galas t Ruthjen. Er
ror from Douglas. Remittitur. Fawcett,
C. Division No. X
1. Instructions given and refused exam
ined and held to be without prejudice.
X Persons who have resided for several
years and own property In the Immediate
neighborhood of property alleged to have
been damaged by grading a street In front
of such property, snd who seem upon ex
amination, to be well Informed of Its situa
tion, condition and value, are competent
witnesses on the question of its value.
S. Where the plaintiff in an action does
not pray for Interest none can be recov
ered. 18644. Smiley against Sioux Beet Byrup Co.
Appeal from Dakota. Reversed. Kirk Pat
rick, C. Division No. S
1. A corporation Issued bonds In the sum
of $35,000, to secure which it executed a
mortgage In the name of a trustee. Bonds
to the extent of 117.000 were disposed of,
the proceeds being applied to the satisfac
tion of the corporation s indebtedness. Sub
sequently a stockholder on behalf of him
self and all the other stockholders made
application to th court for the appoint
ment of a receiver, no notice or such appli
cation being served upon either the trustee
or any of the bondholders, who were not
mad parties to the proceeding. Held,
that the receiver' certificates Issued for
expenses incident to the receivership were
not a lien superior to that of the mort
gagee. 13u7. Moores against State ex rel Dunn.
Error from Douglas. Affirmed. Hastings.
C. Division No. 1.
1. While the courts In the exercise of a
sound discretion will not issue the writ .of
mandamus, even to vindicate a technical
right, where more harm than good will
result through Its Interference with munic
ipal administration, such considerations are
addressed to the trial court. Only in a
clear case of abuse of discretion would the
granting of a mandamus bs reversed for
such a cause.
1 Where a number of prosecutions have
failed to bring about the closing of a pub
lio gambling house, the existence of the
remedy by complaint and arrest on war
rant of the offenders will not prevent a
writ of mandamus to require the mayor
and chief of police of a metropolitan city
to use their summary power to prevent
such open violation of law.
I. The statutes of this state require tha
mayor and chief of polios of such city to
actively Interfere to prevent or stop open
violations of law.
4. That one of two relators, asking a
mandamus, admits that his leading motive
In assalUng a "poolroom," whose closing
waa the object sought, was the belief that
a certain citlxen, who had actively as
sisted its operation, was interested In its
profits, is no ground for reversing a Judg
ment In favor of the relators.
ft. Evidence held to sustain tha district
court s conclusion that the "poolroom" la
question was a "room to be used or oc
cupied for gambling within th statutes of
uie state or rxeuranka. '
13534. Second Presbyterian Church of
Pawnee against First Presbyterian Church
of Pawneu. Appeal from Ureeley. Affirmed.
Aicen, j. uivision mo. z.
1. The mere misnomer of a legatee or de
vise does not render the gift void, If from
the context of the will or proof dehors the
Instrument It can be ascertained who was
actually Intended.
1 Where one claiming as devisee under a
will Is not designated therein by his proper
name, he may show that he Is also known
by the name used In the will to designate
the devisee, although the name of another
claimant exactly corresponds to the nam
thus used.
. In such case there arises a latent am
biguity, which may be retnmed by evidence
of circumstances tending to show which of
th two claimants the testator Intended as
the object of his bounty.
4. Evidence examined and held sufficient
to sustain the decree at the district enurt.
181K. Adama Pnnntv . rnln.t Vmnmmm lit.
A Omaha Rallwsy Company. Error from
Adams county. Reversed. Albert, O di
vision No. 1, Barnes, J., dissenting sep
arate! v.
1. An elevator Is a storehouse within th
meaning or Bee. W, Art. 1, Chap. 71, Conv
piled Statutes, 1S9.
1 The phrase "outside of said rlstit-of.
way, etc," In the proviso to said section
qualifies only the word "property" Imme
diately preceding It and not th spectno
terms used In th enumeration Of other
ciasees er property therein.
(. By vlrrtus er such nrovtsn. Untnr
situate on th right-of-way of a railroad
are sublect to asaoeament f tha Innal an.
thorltloe and not by the state board, and
V.' ,m' ro"T necessary lor tne success
ful operation of the road Is Immaterial.
. i ne owner or alien elevators can not
t LftAVAM. - -
levied in pursuance thereof, by voluntarily
Hating and returning them for taxation to
the auditor of piiblio accounts and the pey-
umii oi me taxes levied by the state noara.
lt Cohn against Topping. Appeal from
wuiiij, neverseo. juom,
ion r o. x.
1. Where the wat nt . river gradually
reoedes, changing the channel of the
stream and leaving the land dry which was
theretofore covered by water, such land be
Ifpg" to the riparian proprietor.
I Where, at the time of a grant from th
United States, the bank of a river formed
a part of the boundary of th grant, ub
sequent accretions, formed by th gradual
reoesalon of such bask, attach to and be
come a part of the grant
t, A auhenquent conveyance by such
grantee, without describing such lands by
metes and bounds, but by the number or
numbers by which the Sam are designated
In the government survey, passes the title,
not only to the land originally constituting
the grant from the United States, but to
the accretion thereto.
4. No title by adverse possession can be
acquired against the state or general gov
ernment, nor la land the sublect of adverse
possession while the title Is in the state.
134M. Cudahy Packing Company against
Roy. Error from Douglas. Reversed. Let
ton, C. Division No. i
L A master is bound to use such enre
as the circumstances reasonably demand to
see that appliances furnished his servants
for use In his business are reasonably safe.
He is not liable for defects of which he has
no notice unless the oxerclse of ordinary
car would have resulted in notice.
t, Instructions examined and held under
th facts In this cose to be erroneous and
prejudicial to the defendant.
18887. Gordon against Omaha. Error
from Douglas. Affirmed. Ulanville, o.
Division No. 1.
L A public officer who has by mandamus
compelled the payment of the principal of
his salary, can not afterwards maintain an
action at law agains tthe municipality out
of whose funds such salary is payable to
recover Interest thereon.
I. Damages are not recoverable against
a metropolitan city of Nebrasku because of
delay or neglect of its mayor and council
in the performance of ministerial duty.
1334&. Mci'orntlck against (Stale. Erroi
from Otoe. Affirmed. Barnes, J. '
1. Whirl a prisoner has been found
guilty on a criminal charge and the only
error that appears on the record Is the
failure of the court to pronounce a legal
Judgment against him, it Is the proper prac
tice, and this court has tho power, after
setting aside the void or erroneous Judg
ment, to remand the cose and the accused,
If sentence has not been suspended, to the
district oourt with Instructions to render
Judgment on the verdiot in the manner pro
vided by law.
2. Conlinement In the penitentiary under
a void or erroneous sentence, because of the
failure of the accused to obtain a suspen
sion of his sentence during the pendency
of his proceedings in error, is in no sense
a part execution of a legal sentence; and
by the rendition and execution of a legal
Judgment the accused Is not twlco punished
for tha saino offense.
t. An Ineffectual attempt of the district
court to render a Judgment oi. a verdict
according to the provisions of the law,
does not deprive that court of the power to
pronounce a valid Judgment against the
ui-'i'useu.
13C8. Isaacs against Isaacs. Error from
Wayne. Affirmed. Fawcett C Division
No. 2.
1. While antenuptial agreements may es
sentially alter the interests which either
the husband or wife bikes In the property
of the other, they cannot vary the terms of
the conjugal relation Itself; they cannot
add to or take away the personal rights
and duties of husband and wife.
2. An antenuptial agreement by a man
about to be married that, after marriage,
he will reside In a particular state cannot
be enforced.
5. The general rule is that the domicile
of the husband is the domicile of the wife.
.The wife Is bound to follow her hus
band when he changes residence. If such
change is made In good faith.
6. When a wife, without Just cause, re
fuses to live with her husband, he is not
cuncu 10 cumriDute to ner support.
When a wife, without cause, refuses
to live with her huBband, and the evidence
shows that she did not assist In or con
tribute to the accumulation of any of his
property, but that It was all accumulated
by him prior to their marriage, the hus
band, on obtaining a divorce on the ground
of desertion, will not bo required to pay
alimony.
7. Evidence examined and held to fully
sustain the findings and Judgment of the
trial court.
1J4.8. State against Chicago, Burlington
& Wuincy. Railway Company. Original
Judgment. Letton, C. Division No. 3.
L it la the duty of a railroad company
to furnish the necessary cars to trans
port the goods which are offered to it for
oarriage, but when the carrier has fur
nished Itself, with appliances -necessary to
transport au amount of freight which may
In the usual course of events be reason
ably expected to be offered to it for car
riage, taking Into consideration the fact
that at certain seasons more cars are
needed. It has fulfilled its duty In that
regard, and It will not be required to pro
vide for such a rush of grain or other gooia
for transportation as may only occur In
any given locality temporarily or at long
Intervals of time.
2. It la the duty of a railroad corpora
tion, both under the common law, and by
statute in this state, to supply cars to
all persons or associations handling or
shipping grain without favoritism or dis
crimination In any respect whatever.
8. During a temporary scarcity of cars
a railroad company is entitled to consider
In apportioning cars among grain dealers
their relative volume of business and facil
ities for the loading of cars. Though there
may be a difference In the number of oars
furnished different grain dealers at the
same railroad station, still If no favoritism
or discrimination is shown and the num
ber of cars furnished each Is in a fair
Proportion to his volume of business
acuities for loading and grain In sight,
no shipper has a right to complain of this
difference though he may not obtain all
the cars he deems nooesssary for his busi
ness. 18215. Pettis against Green River Asphalt
Company. Error from Lancaster. Re
versed. Hastings, C. Division No. 1.
1. Where plaintiff's claim Is for services
under an alleged contract of a certain date,
and the evidence tends to show an offer to
engage services at a fixed price at that
time on defendant's part, and Immediately
afterward a beKUinlns of such services nn
plaintiff's part, with defendant's knowledge
miu wilii no reiracuon ox uie proposition.
It is error to Instruct ths jury In substance
mai mere can be no recovery unless an
express agreement on both sides was
reached at the time alleged.
i. oecuon o.w or tne coae only requires
that the cntlro cot) vrsatlon on "the same
subject" may be Inquired Into, or on
necessary to maka the other fully under
stood. If the conversation relates to dlf-
lereni sunjects, introducing one of them
in proof does not entitle the other party to
inquire as to the entire conversation on
other subjects, except so far as Is neces
sary to make th part already In fully un
derstood. 13618. Western Mattress Commnr mlmt
Ostergaard. Error from Lancaster. Re
versed. Duffle, C. Division No. 8.
1. If a sorvant's Injury la tbe direct result
of his own disobedience of orders given by
one In charge of the work In whloh he I
engaged he la guilty of contributory negll-
Jeno and la not entitled to recover thare
or. 2. When there Is evidence tending ta
how that an employ disobeyed the orders
of bis superior and that obedience to the
order would have avoided the Injury of
which he complains, th question of
whether the orders war given should be
lunmuira 10 me jury.
12430. DuBols a aainst Martin. Errnr frtm
Lancaster. Affirmed. Klrkpatrick, C.
Division No. I.
L A mortgagee obtained a decree of fore
MAKES
LIFE'S
WALK
EASY
THAOgMABX
lir
Croaaott Shoe ar mode in all styles, from
tbe heavy walking shoe to th full -dm patatt
leather. Each styl is alika in tha quality of
thorough co ml art
If YOUR dealer do not keep
writs tag. will tett you who doe.
Lewis A. Crossett, lac
H ti W
IIOBTH ABINGTON. MAIS,
closure In th year 177. tha proceeds of th
sale being distributed among various lien
holders, accord Ing to their priority, leavlng
a balance Insufficient to satisfy the lien of
the mortgage. The question of the dower
Interest of th mortgagor" wife was pre
sented In the foreclosure suit, but there
was no adjudication thereof In the decree.
She was mad a party and served with
summons, but made no appearance In th
suit. In 1901 the mortgagee filed a mirPls
mental cross petition In the foreclosure
suit, serving summons upon th raort
gagor wife and asking that She be de
creed to pay him the balance due on Ms
mortgage, or be barred of her dower right.
Held, that the attempted proceedings were
barred by tbe statute of limitations.
The .following opinion will not b offi
cially reported:
tt-bo. wisnleskl against Vanek. Error
from Dodge. Reversed. Duffle, C Division
No. I. Unreported.
1. A plea of guilty entered by th defend
ant in a criminal action may be used
against him aa an admission that he com
mitted the acts charged against him In
any subsequent action to which he is a
party and which involves the same subject
matter.
a, Under our statute the vendor of in
toxicating liquors is liable for all expenses
incurred In all criminal and civil prosecu
tions growing out of and just attributable
to his traffic In such liquors.
I. Petition examined and held to Stat a
cause of action.
13542. The C. F. Blank Tea & Coffe
Co. against Graham. Error from Lancas
ter. Affirmed. Duffle, C. Division No. (.
Unreported.
1. Kvldence examined and held sufficient
to support a finding that one Johnston was
the agent of plaintiff in error.
129SJ Hesgeney against J. I. Case Thresh
ing Machine Co. Error from York. Former
Judgment adhered to. Ames, C. Division
Io. 1. Unreported.
1. Informality In a verdict rendered In
obedience to n peremptory Instruction is not
prejudicial If the judgment Is such as would
properly have been rendered if the error
nsd not been committed.
2. In an action In replevin by a mortgagee,
the production at the trial, from the pos
session of the plaintiff, of the notes evi
dencing the debt as payable to h'm, Is
prima fncie evidence that they have not
been paid.
13501. Ooldle ngalnst Stewart. Error from
Ppurlas. Petition dismissed. Fawcett C
Division No. 2. Unreported.
1. The rule Is settled In this state that
an order of the district court quashing
service by publication or the service of a
summons can not be reviewed by this court
before final Judgment Is rendered in the
action.
l.Td2 Humphrey Hardware Co. aralnst
Herr ck. Error from Lancaster. Reversed.
' Division No. 1. Unreported.
1. Taking the verdict of a Jury as to ques
tions of fact In case where equitable de-
o "1 ttr '"twposed Is not error.
2- The lessee In possession of premises
under sn oral agreement for five years at
an annual rental, which has been paid for
one year. Is a tenant from vear to vear
"J until such tenancy Is terminated, la not
it, ne owner ior anytning more than
the contract calls for.
3. Evidence held sufficient to sustain a
finding of the existence of an oral contract
or leasing for a term of years.
12T.24. Board of County Commissioners.
Dawes countv. against Furay. Error from
Douglas Affirmed. Hastings, C. Division
No. l. Unreported.
in1-.iN,0.i,",h2rlt.y, of found for
instituting administration proceeding upon
trie estate of a dead non-resident of the
state merely in order to enforce a c'alm foe
taxes levied agnlnst a partnership In which
iiT-wa" R number In a county other than
the one where the administration proceed
ings were begun.
.iP""" .re.J10t abt ,n th ordinary
acceptance of the term, snd generally an
action It low will not lie for their col
lect on. While the right to an action may
be Implied from a failure of the legisla
ture to provide any means for enforcing
the payment of taxes, yet where the legis
lature has provided a means of enforcing
payment that remedy Is exclusive." Rlch-si-ds
against County Commissioners of
Clay County, 40 Neb., 415.
18.B30 Hutzel ssalnst Draper. Error
from Sheridan. Affirmed. Klrkpatrick. C,
Division No. 8. Unreported.
1. In a cause tried to the court without
w,urv!. ,ne on,y error ""Igned being that
the Judgment Is not supported bv the evi
dence, the Judgment will be affirmed if
upon consideration of the whole record
there Is sufficient oompetent evidence to
sustain it.
2 Evidence examined, and held sufficient
to support the Judgmont.
13.631. Hutzel against Leach. Error from
Sheridan. Affirmed. Albert C. Division
No, t. Unreported.
1. Evidence examined, and held sufficient
to sustain the finding of the trial court.
13 668. McCarthy against Birmingham.
Error from Doua-las. Affirmed. Alhart n
Division No 2. Unreported.
L A point actually and directly in Issue
In a former suit, and there . Judicially
passed upon and determined by a court of
competent jurisdiction, can not be drawn
In question In a subsequent action be
tween the same parties or their privies.
18.680. McGuIre against Wilson, Appeal
from v Dodge. Affirmed. Fawcett. C,
Division No. 2. Unreported.
1. A certificate of acknowledgement of a
deed or mortgage. In proper form, can be
Impeached only by clear, convincing and
eaUsCactory proof that the certificate Is
falKfr and fraudulent. Phillips against
oiBimp, ou rtmo., wj, xonowea.
1. Evidence examined, and held Inauffl
cient to impeach the certificate of acknowl
edgement oi in mortgage la contro
versy. 184&5. Royal Neighbors of America against
wanace. taror from Dodge. Affirmed.
Duffle. C. Division No. 8. Unreported.
1. False statements made by the Insured
in nis application ior lire insurance when
the questions eliciting such statements call
for matters of judgment or oulnlon will
not avoid the policy unless It Is shown that
me misrepresentations were knowingly
made with intent to deceive the company.
Following Aetna Life Insurance Comnanv
against Rehlaendcr, M jj. W. Rep., 120.
18493. Lancaster County against Lincoln
Pncklng Company. Error from Lancaster.
Affirmed. Oldham, C. Division No. t Un
reported. 1. This court will onlv review such errors
in the trial of a cause In the district court
as have been colled to its attention by mo
tion for a new trloK
2. Petition examined and held sufficient
to sustain the judgment of the lower court.
urns. froKop against uouriey. urror
from Saline. Reversed. Letton, C. Divl-
lon No. 8. Unreported.
Where the original petition In an sc.
tlon for conversion against a bailee for
sale was defective for lack of the allega
tion that a reasonable time had elapsed
within which he might sell the property
before demand for Its return was made, the
filing of an amended petition by which
such allegation was inserted held not to be
the commencement of a new action so as to
permit the statue or limitations to inter
pose as a bar between the filing of the
original petition and th amendment
Wwnta lajarcd at Fair.
ST. LOUIS, April z.-Mlss Julia Ten
Byk McBlair of Washington. D, C.
hostess of th woman's building, was
badly Injured at the World fair by being
run over.
Miss McBlair. who la now nulrlm h
home at the woman'a building, was on her
wkj iu luniu mi one ui me cares, a short
istanos away. Sh waa walking, and a
runaway horse, attached to a runabout
was oomlng toward her. Miss McBlair
endeavored to reach a plaoe of safety on
the board walk. The horse turned in his
course, striking and throwing Miss Mc-
fllalr to the walk and injuring her foot
adly.
One of the fair attaches hurried to the
woman's building and Informed Mrs. Daniel
Manning, president of the Board of Lady
Managers. Miss McBlair was taken to
Mrs. Manning's home.
I
New Suits, Skirts and Waists
For Women
WomsiTs Up-to.
Date Suits
In mixtures and plain materia,
all shades, coats In military, Eton
or blouse styles, new shoulder
capes trimmed with straps and
braid, with belts or girdles, per
fect In fit and workmanship, at
least twenty
different styles
to select
from worth
116 and fM.
Bale Price
no
Women's New
Spring Suits
Made of cheviots, broadcloths and
mixtures In all shades, about ten
different styles to select from.
Blouse, Etons and military coat
effects. Taffeta lined, skirts walk
iiuU) cinu is tt 04 rt
1675
Ing or
dress lengths,
positively
.'.60 vol IK
Sale
Prloe..
The New Shirt Waist Suits
Bee our new assortment of silk shirt-waist suits the hand
somest ever shown. Plain taileta, peau de Boie silks,
check, striped and changevbles, also TEZ
Jap Shantung silks, neatly piped, ?3o, II H -t O
J24.75, $ 19.75, $16.75, ?U.75 down to ...
THE NEW WAISTS ARE READY.
SATURDAY
98 Cents
Tear last epportaalty to secara
aaa of these baadaome wlae
aeeaaters (Slled wltu oar aaa
wine) aaa six alaaaes to match.
Yoa eoaaot afford te atlas It.
$2. FREE In Green Trading
Stamps with every set.
Oaly a limited asmber left.
Coaae early,
Hiller Liquor Co.
1309 Farnam St. 'Phons 1241.
Mall Orders SoUoltad.
PREMATURE ORAYN ESS
(la th. eoty BsmUea. srepaiauea mm
wtolch lutail7 rc'e aair to ear
eulat or tia. Innbw. letting aug
mtm a aair cua. eonaua luKr,
osn ArFLiOATioJr wtTmXawP
VojfTHS. Sample fatrelr4 (res.
exes tut seaavaiM. Pntaur mured.'
URIUL CUUuGd. JML C.Ut 1M U Mrs Tart,
TWENTIETH CENTURY FARMER
fafcaerlfca lew.
Specials in Women's
Walking or Run
about Skirts for
Saturday.
250 Women's run-about
skirts, made of all wool
Meltons, Cheviots and c.ll
wool fancy mixtures, in
several new, up-to-date I
styles, perfect m fit and
workmanship, skirts made
to retail at J10, m fr
Special 4
Saturday....
The handsomest assortoent
of wash waists axe on spe
cial display for Saturday.
Notice the new sleeves we
ere showing, also the new
Bertha collar effects, made
of sheer lawns, Jap silks
and the new net
materials, f 4.90,
$3.95, 2.90, $2.45,'
fL90, and.,
J
r
X3he Best of
Everything
The Only Double
Track Railway
to Chicago
Very Lov Rates
.. .to....
Minnesota, Dakota
Montana,
Washioioo, Oregon
and
Canadian Northwest
On various dates In Uarch
and April.
i -City OfflCosr s
1401-1403 FARNAM ST.
OMAHA
tcu 124-eei
aO.
PrUTMlNQ BETTER MADE FROM THE
JUCC Of U RAPES
w,tlr dry
CTLAM HAG N C "
SERVED EVERYWHERE
tJUO
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