J August 15, 1001 THE NEBRASKA. INDEPENDENT. Dr. Lambert Defends Jefferson. Hey. L. A. Lambert, defending Jefferson XTJ e Declaration of Independence, id: We corse cow to the meaning of the word "".-il" a In the Piaratloa. That word ir;a to ia cause of a great deal of coofualon if the ii! ct some p-opIe. We e net why it toad lr. Sac the Declaration iuelf Indicates clearly It crating that the equality asserted la etsaJ'ty la those natural right of every man aa atalctt the enrroar hrnesta of bia fellow man. of oelty aid of rTrr.ner.t: right which spring frora tit nature, hi personality, h!a responsibility t G1. ted tit destiny. Thee lights belong to Lira jm h U a man. and tby are ejual In all oes tt--: it-y are ra-n. All are equal in th rif.Lt of irs.r.:tr from asjat aggression. Ir. Pro lvoti. in ox-e of his profound essays. r- 'torn c to tie theological raca of this equal ity atwrt ia th Declaration a reason which "c rsay twppoe did not enter Into Jefferson'a &;i&4 t"o f atoned it; whic'a thowa that he wrtA r tLsa t knew. In irolume XVIII., 15 ir.'l 5. i:roirnc3 thus speaks of those catsral r'.M which Jefferson sums cp In the woris "1:1. Ul-rty as.4 the pursuit of happiness: "Mis Iiv It forsstjnios with God. and he rt.TTitnsi v ;l Ck1 in tfc- creative act and the in '.',.;',.!. i? -f.jth ht kind. at.d through nature. TLu thrfcTd rccautloa gie rise to three in .it$t Jot. r-! Irion or th hurch. society or the :.t-. t. 5 ; r rty. Tt life that man derives f.-ont kS tL.-' t.t h rcl.rioa a.nd property is not de rti foK H:cj ttroujrh society, acd consequently .. cj-t c! life J e holds independently of ao cliy: ar.-i :v.: roMtitutr his lights as a man as ditijru:i.d fn-.-d his rlgtta aa a citizen. In re ittiob to f r :-t j. &m t-at LelJ from God through i r. f -r - ire t-rr; d his natural right, which t-i.-fj.-tjr zijh ht : i inviolable. &c i KOTernment pro tect. for eery ct.e, whatever his complexion or so i .kl ;-:tlri. Tbe right the rights of con ' r.f ard the right of property, with all their :.- -sary ir. : 2;catioE. are limltatioca on the rights of tofltij, the individual haa the right tc pad ltsa agsiiit the iate. Society does not texfer thera and cannot take them away, for they are at I sit as tarred and aa fundamental as her This ttU great man of genius, familiar with Catholic It.ogj. delves to the bottom of the l.-t- rr. . The rights here epokea of a deriving from tozzzzizLoi with God through the creative art aid tirocgh nature are. of course, common to all ad qual In all men who live In that on;rt.i:c.ion throtigh the creative act and through Vture. I-t all rsta so live. Therefore those rights are evil in alL J?erton. therefore, in asserting this equality tf natural rights as cording through the creative trt. x;rrM--i a profound truth of Christian phll ccphy. Where did he get it? Certainly not from Freeh inf-ie'.s. God sometimes uses men aa it.trair.u la works they do not fully under-st2- the iisport of. In shaping the course of eter.ti out of which this republic, with a Providen tial mufcicn. crew. He used as instruments men who w-re ui.coi-icioui of or adverted not to His iti.r'-, at-d yet they lii their parts to the con itEEiUos of the result as surely aa Moses did jus i'i t5 ::.? to th oice from the burning h'-h. Jer-r.;s 1.2. the other fathers of this re pulllc -rc i.'-ir that ire and received more re-t-ed-M litt froa it than they wot of- They were s-tlai a who. aside from their own per tual ircitt. did their part in the unfolding of a c. :z.- i t Coi;taEtine did in bis time and Cha-'i tiiu dil in hi. TL rlthta that we hae teen have their root in cf-cs-bi with God. car-noi te violated with im ; r-:tr. wterh-r tj the individual, society or gov trtrsei. ItetrlLutlon follows their violation as the night the day. These birthrights of man must cot be invaded., while ce Invades not the eame rights In others. When they are so invaded a wrong Is done, the natural dignity of man is out raged, the circle that the Creator has drawn round about bis manhood la raided; a crime is committed cot only against the human victim, but against hla Maker, and against the order of His provi dence. It is needless, or should be, to say that the Declaration, by the word of "equal," does not refer t adventitious, differences, such as height, weight, strength, degrees of intelligence, wealth, poverty, etc. No particular height, weight, wealth, poverty or degree of Intelligence is essential to man in order to be a man. The four-foot man is no less' a man than the eight-foot man. The infant weep ing on its mother's breast Is, bo far as natural rights are concerned, no less a man than he who, ir.umbllns and trembling with age, stumbles to wards the grave. The starving beggar, thin as a lath, is oo less a man than the ponderous states man, the fat politician, or the sleek and juicy al aerrnan. And the man with only sense enough to earn an honest llvin? in the sweat of his face is as much a man as the great ones who, for better or for worse, ploughed deep furrows in the world's his tory. No, children, it was not ephemeral differ ences all of which are plus man, and as unim portant a.-? the difference between length of noses that J.fferson denied. He was not a humorist, ror an Idiot. It is claimed that the rights of the Declara tion belong to the abstract, not to the concrete ir.tn. Such a claim is groundless, for those rights telong only to men who live In communion with Cod through the creative act and through nature, tuch mea are created and therefore real or con crete men. That which is not has not and cannot have real rights. The rights of nonexistence are ton-exist it. Tha rights that a man cannot enjoy till he becomes an abstract are like Counselor Cur rcr'a definition of nothing a footless boot without i leg. or a bodyless shirt without neck or sleeves; or, we might add, a soup made from the shadow of a bone in the abstract. Governments do not deal with men in the ab stract. They can neither sue nor be sued, hanged nor sent to congress. Be a right ever so patent and ample, the abstract man cannot enjoy it. An essential condition to the enjoyment of rights in concretencfs, real existence. When the Declara tion speaks of rights it has reference to real, live men of flesh and blood. The dead part has no practical use for mundane rights, and the potential or abstract man can enjoy them only when he ceases to be potential or abstract and takes a cognizable place in the procession from the cradle tc the grave. When Jefferson wrote the Declara tion he wisely refrained from dealing with meta physical potentials. We would remaind Father Sheahan that in equality of glory of the Baints in heaven does not prove that he quotes St. Paul to prove, namely, the inequality of the saints themselves. They may be unequal, hut his argument does not prove it; it oily provej the inequality of glory. Nor does in equality of torments prove inequality in the demned. He confounds the conditions with the conditioned a serious lapse from close thinking. "'ine equality of men is a creation of our minds." No, it is, as we have seen, an apprehension or judgment of the mind corresponding with objective reality. "Jefferson's preamble contains the principles of anarchy." This, we presume, refers to the principle that the just powers of governments are derived from the consent of the governed. If this principle be anarchic, then Bellarmin, Suarez and the theolog ians generally are anarchists, for they held and taught that the authority to rule comes directly from the people to the ruler; that the people, though not the creators of the authority, their con sent is the medium through which' it comes to the ruler. It is Important to observe here that the Declaration does not Bay that the people are the creators or ultimate source of authority. It sim ply states that "the just power to govern comes from the consent of the governed," without con sidering further Its ultimate source. The state ment, then, is true, according to the theologians we have named, v.... V ,;X" We will now quote a few extracts from some well known and weighty theologians on how the power comes to the ruler. : " Bellarmin: "The divine right has not given this powar (of ruling) to any man in particular, fci it has given it t to the multitude; besides the positive law being taken away, there is no reason why one man should rule ' rather than another, among a great number of equal men (mark "equal men"); therefore power belongs to the whole multitude." Having pointed out where this -power exists as in its subject,' the great cardinal goes on to show how It passes from the multitude to the ruler or body of rulers, thus: "In the third place, observe that the multitude transfers this power to one person or more by natural right. Ob serve, in the fourth place, that particular forms of governments are by the law of nations, and not by divine law, since It depends on the consent of the multitude to place over themselves a king, con suls or other magistrates, as is clear; and for a legitimate reason, they can change royalty into aristocracy, or into democracy, or vice versa, as it was done in Rome." Suarez: "In the second place, it follows from vhat has been said that the 'civil power, when ever it is found in a man or prince, has emanated according to usual and legitimate law from the people and the community, either directly or re motely, and that it cannot otherwise be justly possessed." Concina: "It is : evident .therefore that the power existing in the prince, the king, or in many persons, whether nobles or plebeians, emanates from the community itself, directly or indirectly." We will conclude these quotations with an ex tract from Compendium Salmaticense, a text book on ethics In its time in Catholic colleges and uni versities: "It is universally admitted that princes receive this power (of ruling) from God; but, at the same time, it is maintained with more truth that they do not receive it directly, but through the medium of the people's consent; for all men are naturally equal, and there is no natural dis tinction of superiority or inferiority. Since nature has not $iven any individual power, over another, God has conferred this power upon the community, which, a3 it may think proper, to be ruled by one or by many appointed persons." We submit that in view of these vigorous and exact statements, the proposition , of , Jefferson In the Declaration seems tame. Were all these Catholic theologians anar chists, and did they teach the principles of an archy? If not, then Jefferson did not. If we have devoted more time and space than the article we have commented on palls for, it Is because we are in times when the public" mind, in flated by commercial success and successful crim inal aggression, is on a common drunk, and under the Malayan impulse to run amucki.with. swagger ing disregard to the time-honored f principles im bedded in the Declaration and constitution; prin ciples that should be to us what the compass is to the mariner when his ship is in the fog; principles that stand as a bar to anarchy on the one hand, and government absoluteism on the other. At such a time to weaken those pillars on which the grand structure of the republic rests Is to play blind Samson over again, and Invite his fate. Poor Human Nature. "What would you do if you had a million dollars?" said one plain, everyday man. "Oh," replied the other, "I suppose I'd put in most of my time comparing myself with some one who had a billion and feeling discontented." Washington Star. A VALUED TESTIMONIAL 0-ler Waltc of Ljoui Gives Unquali fied !:.i.jr ::itr.t to THE BANKERS liCSHUVC LIFE rro-rrt Paymr.t IVC0 for Children. Ct-t Set;: on Very Day Proof cf Ia?n Were Keceived. Tie Backers iln Life asocia- noti j nit ;aid S-5 .;. is eash to Oli ver Waite, cf LjuZjjfc, Neb., guardian of tt,: rr.ior thii-irec cf the late John A. I:l;, ef Laerel. N b. Mr. Doug L tie firs, of the Bankers Reserve If- ie.riat.io3 iard of four hundred .1I4 ira -nh. His brief illness ac-i -j.iia C ith t-Jt-'ldened the com-t-tr-.ty where he tad raided o many tut the l;tt :. s he left be tlzA i tt 'y provided for through a SZ ju!Lry in the Backers Reserve Life at--ia:ior-. THK FLATTERING TESTIMONIAL -'.,: e h 3rr. '.Va.ie givs without fug feTion or so'tcitatlot 1 a strong ar gtiect tur the hose company and its CiiraxesTiet. L -:-. Neh.. Aus. 7. I'j'.-I. Bankers I -r t Life A-ociation. Ozs&ha. Neb. Gei.tUc:; I desirs to convey to the cheers of jour worthy company, the izrr tiax.i.s of the many friends cf the Uie JoLa A. Douglas of Laurel. Net . lor tr.e t payoe&t la full cf the fi .. polity carried by Lira. TL ; r f c f this claim oting re J Ij you A-guat 7. itisu. the im rsftliaTe ;;rovaI and fc-r.diS of check r tti-n.t-t Is full the saee date thro-ah your Mr. John A. Denspster for fie'.iir to i:.e as rirdian cn sur-r-ndr of the policy. Is evidence of yowt pr&rr:r.'i-E ia the pxyraect of I have knovn President Rotlson and Vice President s&d Treasurer Latta fsr more than a q?.rtr of a century, trow these r-tlfine a to be able, re ror.i?it!e. tenes-t buiiut-ts men and worthy cititetis cf our state. The In terest cf j-oiicy holders will be safe w&en entrusted to their watchfal care. I i-pmic for your worthy company a liberal patronage and Lave no doubt that IS i'1 tcome a large financial I lestittJtioti of Nhraka. (Sirred OLIVER WAITE. ir. Walte is a prominent, well mown, wealthy pioneer of Nebraska. He La resided for generation la Burt county. His words of commen dation are a sufficient reply to the carping alien critics who would de stroy the home life companies to build up outside Institutions. THE ADVISORY BOARD of the Bankers Reserve Life associa tion, made up of four hundred of the best citizens and business men of Ne braska, is a power for the upbuilding of this home institution. The mem bers of the board not only watch over the local Interests of the company, but protect It from Imposters and frauds. Mr. Douglas was a valued member of the board and is the first of the 400 to be taken away. He gave the com pany bis hearty approval while living and hla friends commend It for PROMPT PAYMENT OF LOSSES. The Banker Reserve Life associa tion Is one of Nebraska's reliable In stitutions. Ita place In the insurance history of the state is fixed. The flat tering testimonials of business men. beneficiaries and state officials all combine to show It Is the most vigor ous, determined, successful and prom ising life company ever organized in the state. " B. H. ROBISON, PRESIDENT, is eager for additional help to push forward the good work. He wants 100 experienced underwriters to contract for territory Immediately. Write him at Omaha. Ufa in fha Philippines When Admiral Dewey sent the pride of the Spanish navy in the east to the bottom of Manila bay, very few Ameri can citizens knew anything of the Philippines save that these Islands were on the other side of the globe and that for years Spain had been vainly trying to suppress an insurrec tion there. When the news flashed over the United States that the Am erican navy bad again deraonstrated Its superiority and prowess ty winning in the far away East Indies one of the greatest naval battles of the past cen tury, people everywhere consulted at lases, geographies and cyclopedias to find out something about the Philip pine islands. The information given was fragmentary and Incomplete. To furnlaa definite, reliable and complete Information of these gems of the sea to the American public, an enterpris ing firm conceived the idea of sending a corps of competent artists and writ ers to these distant isles, to thorough- - f ly investigate the length and breadth of the whole archipelago and repro duce the islands on printed pages so that the people of the United States could form a correct opinion of the various tribes, their habits, social and business life, together with a correct description of the climatic conditions, resources of the islands, possible de velopments, etc. This gigantic un dertaking has resulted in producing the i greatest and most popular illus trated book ever presented to the pub lic. This fact is emphasized by Gov ernor Johnson of Alabama when he declares so emphatically that it is not to be compared with any other work on the subject tq which it relates. At the same time these investigations were in progress in the Philippines, similar expeditions were engaged in like work In Porto Rico, Cuba, Isle of Pines, the Samoan and Hawaiian islands. The labors of these talented corps of ar tists and descriptive writers have all been embodied in two large volumes of surpassing interest, covering every phase of life in these Islands, profusely illustrated, with 24 full page colored photogravures and over 280,000 square Inches of half-tone nickel type en gravings, embracing 300 photographs from Cuba, 300 photographs from Por to Rico, 300 photographs from the Ha waiian islands, 300 photographs from the Philippines. The whole work be- I bKT. gone XX day. at a time without M.v.n.Bt or the bowel., not being able to move tbona except by using bot water iujectlon. Chronic constipation for aeeen years placed me la thi. terrible condition; daring tb.t time 1 did ev erything I beard of but never found any relief: uca was my case until I began using CA8CARKT8. I bow h.Tti from one to three passage, a day. and If I was rich I would girt 1100.00 for each movement; II l snob a relief." aylmir L. Hunt. , ; 1089 Russell St., oetrolt. Mica. VkJy CATHARTIC s TOADS MANN ftlOtSffSMD Pleasant. Palatable, Potent. Taste Good. Do Good, Merer Sicken, Weaken, or Gripe. 10c. 30c. 60c ... CURE CONSTIPATION. ... twrllag Bmj Craar, Cklwg. Ks.tr.aJ, S.w lark. SSt ing a brilliant presentation of descrip tion, history, Incident, exploration, discovery, adventure. The educational features of such a wonderful compila tion is at once apparent, This work in the two volumes can be secured only in connection with yearly subscriptions to The Independent. Write us for full particulars and prices. Agents wanted In every town and county in Nebraska. The Independent, Lincoln, Neb. The Humane Society. Mr. R. J. O'Houlon of Milwaukee, in discussing the work of the Humane Society, said: "This work for humane reform is a movement for the great cause of hu manity. Whether we view it from the limited and .biased standpoint of hu man interest in human-kind or from the more noble and unselfish position that all sentient beings belone tn a common creation and share In the common blessings, enjoy the com mon rights of life, liberty and pursuit of happiness accorded to Its nature, it matters not to Us excent in the de gree of refining influence which the cultivation of habits of kindness, mer cy and svmnathv. and love for those creatures of the lower creation has upon ourselves as human beings. "The general duty of man to the low er orders of life Is a srreat one- We all agree that man is the master of all creation and all animal life Is subject unto him as servant. "This is because man is nossesed of Intelligence higher In degree than an other created things. In man's ex ercise he must reeosrnize the resnonsi bility of Drotcetion of these servants which accomnanies this author! tv. The relation between man and beast is not wnolly for the welfare or tbe former It is readilv conceded that man l the sovereign and the lower creations tne suDjects Tnen it must also be con ceded that as sovereign man is an- pointed to benefit his subjects in the use of his sovereign power, to help, not to retard; to lift up, not to cast down; to "heal wounds, not to inflict them, to lizhten burdens, not to mult them more heavy; to assuage suffering, not to aggravate it; to set at liberty not to imprison; to increase happiness not bring misery. "Humane societies, in the name of humanity, have protested against cruelty everywhere. They maintain that if the necessities of men demand the services of the lower order, these services shall be exacted in the spirit of justice, of kindness and. of mercy, without oppression, without suffering and without cruelty; that consumed as food by men, the way to, and the envir onments of the sacrificial altar shall be divested of all unnecessary suffer ing and of every needless terror. Men are coming to realize that the obliga tion is upon them to treat with con siderate kindness, justice and mercy, sentient life wherever it is found. "Not less than 100,000 humane so cieties, Including branches, exist on earth today. They are arresting the spirit of cruelty, breathing the spirit of justice into law, and teaching human ity to the coming generations. . The consciences of men, to whom are given dominion over the fish of the sea, the fowl of the air, the cattle and every living thing that moveth upon the earth, are waking to the fact that in man's dominion over the lower ani mals mean government of justice. mercy and truth. "Humane societies wherever estab lished and maintained, have not only discovered great necessity for their existence, but are slowly constructing foundations for future usefulness. Where societies are lea by men and women Interested In th6 work, and not overshadowed by timid, inert, fossil ized, charitable ornaments, tne work has made commendable progress. Cruelty abounds everywhere, and not one-third of our land is under the influence of humane societies. In many sections of our country there are no laws preventing cruelty to ani mals and in many communities where good laws appear on the statute books they are not enforced. What Is need ed in each and every community, no matter how select and cultured it may be, is an organization, composed of virtuous, intelligent, courageous men and women to secure and enforce laws that will Insure justice and mercy to every living creature. Were the teach ings of this society incorporated into the lives of our children the' next gen eration would put an end forever to the bloody wars between civilized na tions. I sincerely hope we may or ganize at least a dozen societies in this state within the next six weeks, to the credit of each community and the wel fare of the state." PHILIPPINE CLIMATE CaptAin Perry, a Physical Glsvmt Returns WeiA-hing 105 Pounds Sixty Thousand Troops Titer Capt. Alexander W. Perry, who is well known in Omaha, having been stationed there for some time as a member of the staff of the command ing general, had a little talk with a reporter, which Is very interesting reading. He is now wearing a beard that is liberally sprinkled with gray, and he Is but a shadow of his former self. That he is very much attenuated may be understood from the fact that al though he is six feet tall he weighs but 105 pounds. "I lost it all from an attack of ma laria," said the captain. "I weighed 183 pounds, but when this took hold of me I lost eighty pounds in about that many days. I was taken sick about the middle of February, and I went down to fast that I was unable to get away from there. I left Ma nila June 20, and stopped in San Fran cisco a couple of weeks. I am on the mend now, and expect to get along all right. "The Philippines? Oh, the climate there is not so bad, but I am inclined to think a white man can stand only about so much of It. I was all over the provinces in connection with my duties in the quartermaster's depart ment during the three years I was in the islands. You see, I went over with one of the first expeditions. We were at Tampa, expecting to shortly go to Cuba, when the order came to go to San Francisco. So it happened that I was there through the whole of the trouble. "The Islands," Captain Perry added, "are practically pacified now, so far as organized resistance is concerned, but the trouble is not over. They do not take kindly to our occupancy of the islands, and they are not at all like us. Of course, we have the strength to crowd our ways down their throats, but they are liable to die of indigestion. Revolution Is born and bred In them, and It can't be gotten out in a day or a year. It will be neces sary to raise another generation. In dividually they are intelligent enough to run their own government. "We have a lot of troops in the Isl ands. The last roster I saw was about the time I was taken sick, and then there were about 66,000. Since then a lot have come home, and some have gone over, but we must have between 50,000 and 60,000 troops there now. Personally, I don't believe we can get along with very much less than that. From my observation, we will accom plish better results with a lot of small posts scattered all over the Islands than with a greater concentration. The moral effect of the mere presence of the soldiers will be more salutary than the actual force of a larger body. Individually the people there haven't had a chance to express themselves, and probably would not If they had the chance. They are afraid to say their souls are their own, and their leaders do the talking. The great middle class can read and write, and they are aft intelligent people. "Luzon is about half the size of the state of Nebraska, and there, as well as throughout the islands, the cities and towns are on the sea coast. The only railroad on Luzon is about 140 mlies long.. The only other means of communication is by wagon and on the navigable rivers. 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Rnm.n and lClnctric. with SDeclal attention to tie' application of Natural Salt Water Baths, for the treatment of all acute and chronic non-pea-, taffeous curable diseases, fiheumntiam. Skin: Blood end Nervous Diseases, Liver and Kidney Trouble, and all forms of Stomach Trouble are treated successfully, atarrah of the Stomach and Boweis, Heart uisoase, acute and chronic, are all greatly benenttea ana many permanently cured by taking the Natural Salt Water Baths (Schott Method as first given at Nauheiaa, uermany. a separate department, fitted with a thoroughly aseptic surgioai wara ana operau ig rooms, offer special inducements to surgical oases and all diseases peculiar to women. Tbe Sanitarium ia thoroughly equipped for treating all diseases by modern successful methods. It is mintnd br rjhvsirinns -wall trimrl and nt TtAnrlrl nfTMiUnr. snncialists 1 in their several departments. Trained nurses, skillful and courteous attendents. Prices reasonable. Address Lincoln, Sanitarium LINCOLN, NEBRASKA Cancers Cured Why suffer pain and death from can cer? DR. T. O'CONNOR cures can cers, tumors, and wens; no knife, blood or plaster. Address 1306 O street. Lin coln. Nebraska. 1029 0 Street PHOTOGRAPHER Cabinets $2.00 per dots., Little Ovals 35c per doa We Cut Drug Prices READ OUR ADS and you will know the extent of our cuts. Our prices are the same to all who pay CASH. 11.00 Riggs' Dyspepsia Tablets. . . .69c $1.00 Riggs Sarsaparilla and Cil ery Compound. 69c $1.00 Riggs' Female Regulator.... 69c $1.00 Cook's Dandruff Hair Tonic. 79c $1.00 Peruna.. 79c $1.00 Miles Nen-ine .79c $1.00 Pierce's Remedies............ 79c $1.00 Hood's . Sarsaparilla. .79c $.00 Paine's Celery Compound.... 7c $1.00 Wine of Cardul 79c $1.00 Stuart's Dyspepsia Tablets.. 79c $1.00 Malted Milk 79c $1.00 Lydia Piakham's Compound. 79c $1.00 Kilmer's Swamp Root 79c $1.00 Scott's Emulsion ....79c We not only cut on all patents, but we are In a position to give you Job ber's rate on all staples. It pays to trade here. CUT RATE PHARMACY, ,12th and O Streets.. Lincoln, Neb. Dr. Shoemaker's Private Hospital If you are going to a-Hospital for treatment, it will pay you to conrult Dr. Shoemaker. He makes a specialty of diseases of women, the nervous sys tem and all surgical diseases. 1117 L sL, Lincoln, Neb. P. O. box 951. WABASH RAILROAD . v.'. IS . ' SHORTEST AND QUICKEST . ,TOv - PAN-AMERICAN EXPOSITION AT : BUFFALO, MAY 1 to NOV. 1. The WABASH runs on Its own tracks from Kansas City, St. Louis and Cblccgo. Many special rates will be given during the summer months. Stopovertt allowed on all tickets at Niagara Falls. Be sure your tickets read via the WABASH ROUTE. For retes, toJders and other information, call on your nearest ticket agent, or. write Jos. Teahon, T. P. A Omaha. Neb., or C. S. Crane, G. P. & T. A., St. Louis. Doyle & Berge, Attorneys ' NOTICE OF PUBLICATION. In the Supreme Court of tbe State of Nebraska Mary C. Magruder, Appellee, vs. Robert Kittle, at alM Appellants. The appellee Mary C Magruder will take notice that on the 14th day of August. 1901, M. Adelaide Kittle, administratrix of the estate of Robert Kittle, deceased, one of said appellants, filed her Bill of Revivor in the Supreme Court, against Mary C. Magruder, alleging that said cause was appealed from the District Court of Dodge County, Nebraska, to this court by Robert Kittle, asking for a reversal of the de cree rendered against him by the District Court of Dodge County Nebraska. Said action was to foreclose a certain mortgage dated on the 15th day of July, 1S96, which mortgage was given to secure a note of $5,(XAof the same date, and due on August 1, 1891. Said note being signed by one William C. Brady, as principal and Kob ert Kittle and wife as securities. Said mort gage securing said note covered lots one(l), two (2), three (3), four (4), live (5), six 6. seven (7). and eight (f).tn block two (2-. in R. Kittle s addition to the City of Fremont, Dodge County, Nebraska. Defendants Robert Kittle and wife in said action allege that they never received said $5,UO0, nor any part thereof; that they signed only as sureties; that said real estate above described was owned by defendants Robert Kittle and wife, and given to secure their liability as sureties only and for no other purpose: that said loan was usurious, that the holder of said note and mortgage, for a valu able consideration extended the time of pay ment for a time certain to said priucipal, with, out the knowledge or consent of the defendants sureties, and numerous other defenses, which they insist wholly and completely releases said sureties from any liability whatever on said note and mortgage, and fully and completely releases said real estate from the lien of said mortgage; that on tne 10th day of November, 1898, said Robert Kittle died intestate, in Okla homa City in the" territory of Oklahoma; that afterwards on the 24th day of Decern bpr, 13951, in Oklahoma County in tho territory of Okla homa, M. Adelaide kittle was dnly appointed administratrix of the estate of Robert Kittle, deceased; that she duly qualified as such an is now the sole and only qualified and acting administratrix of said estate. Said administratrix in said Bill of Revivor, asks that said cause be revived in the came of said administratrix, and for such other relief as may be Just and equitable. You are required to answer said bill on or be fore the 23d day of Septem ber. 11. M. ADELAIDE KITTLE, Administratrix of the estate of Robert Kittle, deceased. By Doyle & Berge, ber attorneys. t a