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 r