. , . , " l " " 1111 " ' " " " " '
r * * 1 tf f4 * * * > * * * k - " * " ' * " " " "
8 THE OMAfIA DAILY 13EE ; MONDAY , JULY 3 , 1893.
CHATS WITH CIIAIRIiOLDERS
Qossip Gleaned from Talkative Travelers
Around Omaha Hotel Lobbies.
HOW A TRAVELING MAN ENJOYED A VISIT
fntrlbtUm Hint 1'nlil In Colorado nnil Do-
Tolopnil n Illch Vein of Ore Krubcn
Win Tlilnklnjr Indemnity for
Umbrollns ntllototi.
"Yes , I can tell you a story , nnd a true ono ,
too , " said Marlon Shcndon of St. I ouls , as
ho crossed his legs at the 1'axton yesterday ,
puffed n cigar ami settled down in n big lobby
chair. "It Is ripe for this period , too. It's a
Fourth of July story , nnd Xoko Wllllums , ono
of the men connected with the Incident , Is
my uncle.
"Old Xeke Williams was ono of the oldest
minors In the Clear Creek country in Colorado
rado years ago. Ono day ho suggested the
advisability of celebrating the Fourth , ns heat
at In the midst ot n dozen or moro stalwart
comrades who wcro seated in front of a row
Of sHantlcs situated away up Chase's gulch ,
In Gllnln county , Colorado. These men were
engaged In wrcsMng the precious white
metal from the rocky hills which guards Its
treasures with ] calous care nnd only yields
thorn up to tbo Inventive Ingenuity of man
kind.
"This crowd of miners had faced floods and
frost for years in tbo Hocky mountain min
ing regions nnd spvoral ot them hnd lost and
found fortunes in the stony bills. It wus the
last day In .Tune several years ngo , nnd Iko
Thompson had Just como into camp with the
mnll from Central City , which Is the termi
nal for the south branch of the Colorado
Central road. Iko hnd received some Denver
and Omaha papers nnd Ixisa Smith , the
youngest man in the camp , had Just llnishca
( catling glowing accounts of the way that
this great national holiday was to bo ob
served all over the country.
"After old Zcko's proposition the boys
thoughtfully smoked their pipes and their
minds wandered back to the happy days
when they wcro barefooted and would walk
miles to n country bnrbecuo and Impatiently
nwalt the subsidence of the orator of the
day so that they could shoot elf their fire
crackers and make as much nolso as they
know how.
"Soon Jeff Allen spoke up , saying : 'I'm
with yer , Xeko. I hain't celebrated nary
Fourth of July sinso I was with Gineral
Grant In ' 01 and blame mo of I don't feel a
hankerln' to spread ther Americaneaglo and
shout fer old Inderponderenco day. We'll
nil chip In nn' send Iko to Denver
nnd give him "cart blank" to
purchase thcr Jlroworks an1 tticr liquid re
freshments. Danged ef I don't want to llro
off 'cr salute thet dny thet ther folks in
Central City kin hear and nuiko 'em think
cr nirthquake's comln' . We'll Jist hav Less
ovlr thar think up 'or few remarks to suit
thcr okaslon boiu's bo's ther only collUlpo
cddlcatlon In thor crowd. What say yor ,
boysJ"
" 'Count me in for one , ' said Pole Brown ,
n ho had lost nn eye nnd part of his fnco by
n premature blast. Pete wasn't pretty , but
ho was ns good hearted as ho was 'ugly nnd
was a general favorite with the boys who
wcro working in the gulch. 'I want in the
play , too , ' said nnothcr , nnd then' Pete became -
came the self appointed chairman of the
meeting and said : 'All's in favor o' this
hero proposition say aye and contrery say
no. Now for the nves. '
"Every ono said 'ayo' and the chairman
didn't call for the 'naws. ' That night each
of them contributed ns much cold dust or
money ns was considered his share and with
alight heart and a heavy money sack. Iko
Thompson footed It down the gulch to Central
City , where ho boarded the cnrs and in a few
hours nfterwnrd reached the Queen City
of tbo Plains. Hero Iko followed his own
inclinations and soon had enough rockets ,
candles , plu wheels , etc. , to stock a country
store. Ho didn't overlook the 'liquid en
thusiasm' either. On the 3d of July Iko
nnd a supply wagon in-which the flroworks
were loaded drove up to the mess shanty
and ho was greeted with much enthusiasm.
"After discussing the program for the
morrow Old Pete Brown , who had charge of
the explosives , said : 'Boys , we'll flro 'or
salute o' thirteen guns termorror , an' I'll '
furnished the giant powder tcr do it with.
We'll kin cut sum holes In thot big rock up
at thor head o' the gulch an' make 'er big
noise. "
"The morning of the Fourth nrrived nnd
nil wus In readiness for a general day of
Jubilee. Less Smith had on n 'bllcd' ' shirt
nnd had written his speech which was to no
delivered Just ufter the national saluto. Old
Pete had llxcd the charges and had cut the
fuse so that each report would succeed the
other until nil wcro flrcd. Old Zoko Thomp
son , who had miulo frequent visits to the
liquid refreshments , was as impatient for
the fun to begin as n 10-year-old boy.
"At last Pete approached the 'guns' nna
touched the fuses. Ho hurried bade to n
place of safety , and the llrst shot which
throw a shower of rock nnd grnvel Into the
nlr seemed to Jar the whole hill.
' 'Boom ! boom I booml followed the other
Bhots nnd tlio men pave 'three times three
nnd n tiger. ' nfter which they began to slmr
the 'HcU , White nnd Blue , " with moro vigor
than harmony. As the last shot sent Its
reverberations over the hills Pete Brown
went over to the Ic < lgo in which ho
hail llxed the blasts. Great masses
of rock hnd been torn out of
the hlllsltlo and.Poto stooped down to ox
nmlno n whlto streak In n hold left by ono
of the shots. Ho excitedly began to Vihout
for his comrades , who hurried to the place ,
nnd after being shoun n pleco of the rocli
they wcro oven moro ngitated than Pete.
The blasts had exposed n big vein of silver
which would nssr.y f > 00 ounces to the ton and
the boys hnd reason to bo excited , for there
was enough wealth in sight to make them
all rich.
"After each man had had his sny thoj
linked out enough claims to cover the strlko
and Pclo , JofT and Iku wcro sent to town to
mnko a legnl entry of their claims. They
named the uiino George Washington , nnd
nf tor many months of profitable work sold the
property for n big price , divided equally all
the profits and went cast to enjoy the results
of their most profitable Fourth of July cele
bration. As they wont to Denver preparatory
to separating for life they engaged n hotel
and gnvu n unnquot to their friends in that
city nnii Central City. While they wore lu
the hulghtof enjoyment Less Smith sigm'led
for order and arising diow iroiu his pocket
omo dirty and worn pieces of paper , from
which ho read his now famous Fourth of
July oration. With hearty hnudshakos and
pcnulno good wishes the comrades separated ,
but every Fourth of July they agreed to llro
ft national salute In honor of the George
Washington anno. "
in : KICKIO ,
Mournful Ilecltnl of u Chicago Traveling
Mun UoiirrrnlMK Undo lloulicn.
Thora Is n certain Chicago travollng man
ojournlng in Omaha Just now who always
"has a kick coming , " and so regularly dots
ho register the "kick" aforesaid that his
friends nro kept busy wondering "what
nextl" Ho struck town Saturday , nnd It
wasn't moro than two hours before n select
coterlo of his friends gathered at his hotel to
ark him how he felt and to hoar what ho
hnd to complnln about ,
Jt was all of linlf nu hour before ho began
to volco his grievance. Then ho opened up
Bsfollous : *
"Maybe you think 1 didn't have a real
lovely tlmo the other night ! "
"How was that } " asked some ono , Just to
tart the kick. '
"Do you see this haggard countenance
and the llnei about my crt > twlulo rosebud
moutht" Inquired ho of the sample cases in
asovorotone. "Yes ! Well , I'll explain It.
' You know I Uvo in Kvanston , and I'm
always { 'lad to got homo , providing there's
any ono thcro to meet tuo. This last time I
ran into Chicago thcro wasn't any one , so I
had to go to a hotel. My wife was up in
Wisconsin visiting her people for a couple or
three weeks ,
"Well , I got through my business with the
house and concluded that , before tuning on
my western trip , I'd take n run up into the
Badger stuto and see iny llttlo brood for the
first tlmo in weeks.
"I struck to > vn about 0 o'clock , cross ana
tired and hungry , I'm always tired and cross
after I'vo been in to see 'tho house.1 The
folks didn't expect me , so 1 hail to walk up
49 the parsonage the old gentleman is a
sky pilot , ' you know which U a good long
mile from the station.
"This wni nil right ; I didn't kick nt nil ,
although I know 1 hnd to attend to my cor-
rcspondoncn for a , couple of hours , then getup
up In the morning nnd mnko n 5 o'clock
train. I thought I might possibly bo nblo to
sandwich in n llttlo visit with my family be
tween times. A man docs llko to sco his
family once In n , wnllo , oven If he is n do-
pravcd drummer.
"Well , wo hnd dinner , nnd after n post
prandial clgnr I stripped to my undershirt
nnd a few other garments , dug my letter
heads nnd irostnl cards out of my grip and
started in to attend to my correspondence ,
whllo my botterhalf , or rather seven-eighths ,
put the kids to bed. thinking that alter this
was done wo might have n chance to got
better acquainted with each other nnd with
the old folits ,
Ciuno to Cnll on the Olil Mnn.
"I had Just gotten nicely started when the
door boll rnng nnd rnng bard , too. As it
happened I was sitting right in front of the
wltiilo w opening on to the plaza , where nny-
ono who came to the front door could sco mo.
I looked tip and didn't sco anyone except
about forty of the old gentleman's dear par-
ishoncrs , como to glvo their beloved pastern
n surprise party. I didn't go to the door. I
just gathered up my papers and Hew up the
stairs , whdro I tramped around for n whllo ,
keeping the recording nngel busy with my
remarks , which wcro not lit for publication. "
"Well , couldn't you llnlsh your work up
stairs ? " asked ti listener.
"Well , I should say not , " replied the
kicker. "In about ten minutes up como the
rovcrened , looking for extra chairs , and re
quested mo to go below nnd help entertain
his Hock , nnd , just to save his feelings , I
went. "
"It was lovely. I was flrst introduced to
each nnd every ono of the crowd , nna nearly
got my arm shaken olf. Then I had to sit
down nnd enjoy myself while a young womnn
in n whlto dress and whlto slippers recited n
plrco you hnvo probably heard tell of , en
titled 'Curfew Shall Not King Tonightnnd
nnothorswcetyoung thingplnycdn fourth ex
ercise on the piano , with much precisionjind
bobbing of the head.
"Then ono of the buck Inmbs sang 'Tho
Sword of Bunker Hill.1 Ho wns quite a
skinny lamb nnd his volco was about ns
sweet ns that of the sighing wind blowing
through n split shingle , but his effort wns
appreciated nnd thoymndohiinsqueak 'Star
board Watch' ns an encore. After ho had sat
down with a wilted collar nna a what-a-good-
boy-am-I expression , three ewe lambs of the
high school ago marched up to the music box
nnd shouted 'Coca-chc-lunk' nnd 'Clemen
tine' nnd 'Upi-deo' and other giddy things
from n college song book , looking the while
ns if they felt themselves to bo doing some
thing quite devilish'
"Then they talked awhile. After the
weather had been discussed and the
crops cussed thcro was qulto a
lot of silence , during which you could have
hoard a gum drop. When this had contin
ued for live minutes or nn hour , more or less ,
the shepherd turned to mo nnd gently in
quired :
Itcubon Wag Thinking.
" 'Reuben ' , won't you sing something for
us ? ' "
"Now , I never could nnd never dla sing n
straight note In my lite. I don't know
allegretto from crescendo , nnd I know moro
about the obscurest prize fighter that over
talked through his hat or the sporting col
umn of n newspaper than I over will learn
about the masters of music , and I told them
so * or words to that effect. But it didn't go
at all. My wife , who never before allowed
mo to sing in the house , insisted that I could
sing first rate , nnd the next thing
I know and was up against the piano , telling
in sepulchral tones , about a nightingale that
disturbed my slumbers tne night beforo.
"I thought that would bo enough , but they
asked for more , so I sang 'Marcuerito , ' with
variations , thinking to clear the house. But it
didn't clear a bit , nnd after I hnd sat down
they plnyrd charades nnd other thines until
II : liO , with mo wanting to finish my letters
and go to bed.
"Finally they did pull out , a few nt n time ,
one or two of them making audible comments
nbout what I didn't know about music , when
they thought I couldn't hear. Then wo
sort of straightened out the wreck of the
Household goods , nnd I had a chance to
\york , which I proceeded to do until 2 o'clock ,
and then got up 4 < . .
"Oh , I had n lovely time , sure. But the
next , tlmo my wife visits the old folks , and I
Visit her , I'm going to take a smallpox card
and hang it hcro any of the old gpntlo-
tnnn's flock who cotno near may read it. "
I'rcnmture Celebration.
There has been much complaint during the
past week about the discharging of cannon ,
fire crackers and other sound producing fire
works before the Fourth of July. Several
serious accidents have nlrendy occurred , a
flro or two has been started nnd teams have
been frightened into running away. It is
not generally known that It is ngainst the
law to shoot fireworks before July 4th , ns
this law has been n dead let
ter in Omaha. However , there is
an ordinance against such things nnd
facctlon 29 of chapter 42 of the city ordinances
under the head of misdemeanors , in relation
to flrc-crnckrrs and fireworks , says : "If any
person shnll unnecessarily discharge nny
firearms , or shoot off nnv firecracker or other
fireworks , or shnll light or throw nnd llro
bnll or cracker in said city without the per
mission of the mayor , such person shall on
conviction thereof bo lined in any sum not
exceeding $20. The city council may by
resolution suspend the operation of the above
provision of this section on the Fourth of
July or nny other day of public rejoicing. "
IiuliMiinltj- Umbrellas ,
A veteran hotel clerk , who knows what ho
is talking about , says that every big hotel
has a largo bill for lost umbrellas to pay
every month. "A man will como in nnd nsk
us to stow his umbrella back of the counter , "
snid ho-of-tho-smilo-nnd-dlumond-pin , "Just
for n llttlo while , you know. Ho may not
nsk for it for days or weeks , orioven n month ,
nnd meantime a lot of other men
will como in and leave their umbrellas In the
same way , instead of getting tlrcm checked.
When they como around for them , ten
chances to ono the umbcrsols are gone gone
Iko a lost pin , nobody knous where. It is
ivondorful how they disappear so mystcr-
ously. But wo Imvo to pay for 'em. "
"Majbo the clerks could tell "
The person who madu the last remark got
out of the door safely , but ho had to dodge a
nrgo squnro Ink-well , with sharp corner's.
$400.00 Jots $25.00 down ; see page 7.
Clitap Excursions to Montreal , '
The C. E. excursions for Montreal
leave Omaha vlu the Burlington route
nt 1210 ; a. in. , 11:45 : n. m. nnd 4:20 : p. m. ,
July 3d , 4tn , 5th , Oth und 7th , making
connection ut Chicago with special
trains for Montreal over the Wubash
and Canadian Pacific railways. A
special party of Nebraska delegates will
take the 4:20 : p. in. train of Monday ,
July 3d.
I-'uro , Omaha to Chicago and return ,
$17.50 : Chicago to Montreal and return ,
$18.00.
For full information call on or write to
W. P. Vaill , city ticket agent , 1324
Fanmin street , Omaha.
$400.00 lota $25.00 down ; see page 7.
For World' * 1'ulr Viiltir * .
Low rates !
Fast tlmo !
Perfect road hod !
Magnificent Pullman slcopors !
Free reclining chair cars !
World-famous dining cars !
Comfortable day couches nnd smoking
cars !
Baggage checked direct from residence -
donco !
Three vestibuled and gas lighted
trains dally I
That's what the Burlington route of
fers World's fair travelers. Try it.
Trains leave Omaha at 11:45 : a. m. , 4:20 :
p. in. and 12:10 : a. m. daily.
CITY TICKET Owiou , 1324 FAUNA M
BTUUET.
mint.
Kottcet of five lint * or leu under tMt htcui fH\l \
n'
. . . . . . . . . . '
* .i.vii. i vuv. uu u. M&ry'M avenue , thl
afternoon at a o'clock. Intcruiuut nt Pros
poet Hill cumutcry ,
llllDLOKlf-Quntavo. at 2702 Cumins street
July'- , aged 3B jtiari. ' Funeral uotlco later
PRODUCTS OF PAINT BRUSH
Signs of the Times Observed on the Busy
Streets of Omaha.
SOME ARE GEMS OF ORIGINALITY
Othrri llordor on footical Sublimity Pyrn *
mills of 1'roiittfrlty Known nn Smoke *
taoks Unit Iluvo No Lettered Fnccs
Kmblemntlcnl Signs.
The complexion of Omaha's business portion
tion Is freckled hero nnd there with some
signs of dazzling originality. A few of thorn
border on poetical sublimity. This foitturo
Is nn indispensable adjunct of metropolitan
llfo.
llfo.While
While most ol the business houses of the
great metropolis of Nebraska are adorned
with costly'signs of glided magnificence ,
others less pretentious attract the public eye
fully as much. Sign painters gen
erally swing their brushes in obo-
dicnco to the dictation of the
man who orders tbo work done. They nro
"men of letters" by profession , Ills true , but ,
ns a rule , they are llkowlso moa with nn
ambition to scoop in big round dollars , Just
llko any other American citizen who Is chas
ing the butterfly of wealth. Therefore , the
business man generally tells them what kind
of sign Is wanted to adorn the oxtcrlor of
his placo.of business , The painter carries
out the Instruction "to the letter. "
There are sotno business men , howovcr
who are their own sign painters. A few
geniuses tire among them. They nut their
ideas " " and It
on a "shingle" straightway
flaps before tlio gaze of the public. Tastes
differ In signs. The popular colors are yel
low , black , blue and red , with a dash of old
gold. ,
Porcelain lettering on windonr panes was
at ono time a fad. Popular domnnd , however -
over , has reverted back to the plam-old-
overy-dny brush , whllo some grocers who
have reau "overp man his own sign painter"
dally with the primitive marking pot nnd
stencil brush.
1'oots Arc Horn , Not Made.
On an up town street ono "mixologist , "
( which is the Bostonlan for ono who mixes
drinks behind the bar ) has the following
sign in front ot his place of business :
"Dow drop bourbon , dow drop gin ,
Do drop in and see rat Flynn. "
That poetry has a soft rippling sound
when washed down by a froth crested life
boat of beer or three fingers from a round
shouldered bottle of "enthusiasm. "
Another man who runs n renovnting nnd
dyeing establishment on South Sixteenth
street , announces that ho "lives to dye nnd
dyes to live. " Tnis Idea , however , has long
gray whiskers and is almost old enough to
claim to be the original servant in George
Washington's household.
Persons A-MO read the handwriting on the
wall In n Fnrnam street restaurant can
peruse the announcement in letters largo
ana bold , that "Our Coffee Is a Study , " and
' Our Pic is Out of Sight , " while another
little pasteboard peeps askance.from a corner
and states that "Wo Are Opposed to Trusts
of Any Kina. " This strikes terror to men
who deslro to punish food on credit. On
lower Farnnm street a clgnr stand bulletin
contains this cordial invitation : "Closo
Your Facn on Ono of Our Pine Cigars. "
In the heart of business section a promi
nent firm has n sign that reads as follows :
"Still ho gazed and still his wonder grow.
Amazed ut that which others always know ,
That-W6 Are the I'eoplo. "
An cntciprising cobbler on Fourteenth
street has inscribed on the window pane of
his establishment the fact that "Hero is the
place to got n new solo from a solo saver. "
Another dealer In shoes announces that "It
is best to have n good 'understanding' and
hero is the place to obtain it. "
In ono of these little alloys familiar to
thirsty men , who crook their elbows on a
hot day , an enterprising saloon keeper has a
sign which reads ns follows : "Wanted
1,000 mariners to unload schooners without
sails. "
Homo Imlt.ito Joih JJlU'ngn.
AH men are not graduates of spelling con
tests. Their hearts are all right and their
heads have an intellectual mould but their
orthography needs repair. One grocer pro
claims to the public that his store Is "head
quarters for aspalragrnss. " Another , who
expects to ride on the tidal wave of prosper
ity nnd steer clear of financial breakers , has
posted a notice to this effect : "No monio
loaned , cheks cashed or noats cnndorsed. No
croddit hear. " Other examples in n few
instances would cause Josh iJllllngs' spirit
to dance n hornpipe with envy.
Them are some signs of the "emblemati
cal" order in Omaha , as else where. Even
men that are color blind know a barber's
sign when they see it. In the following
words of some unknown aspirant for Tenny
son's discarded laurel wreath :
"Thero N another sln | , kind reader , that has
no lettered face ,
It swings In Kllded splendor o'er the door at
Unclo's pluce ,
Three golden halls resplendent In a bright Ne
braska sun ,
t means two dollars interest for a loan of
only one. "
rate JUn Trappo.
Ono of the peculiarities of frosty fate is
ho fact that the sign of "No Credit" in
mnnv bakeries often stands as a forbidding
cntinel between some poor hungry widow
and a loaf of cherished bread , while "Fieo
junch Today" greets the vision of mankind
, t the entrance of some popular bovcrago
ilspensnry.
"Keep Off the Grass" is essentially n sum
mer sign that is frequently regarded with
llsdaln , while signs of "Furnished Kooras to
tent , " numerically speaking , holds the
championship belt against nil comers.
Omaha has a number of signs of prosperity
n tlio shape of big smokestacks of industrial
> lants smokestacks that do not look liome-
ilc'c , bat on the contrary , toloh forth a
density of evidence of the bustling activity
and permnnent prosperity of the Gate City
of western commerce. .
8400.00 lots 825.00 down ; see page 7.
Mr. Cnrtnn'a r.xpliumtlon.
Osuiu , July 2. To the Editor of TIIE BBB :
From the number of sympathetic ( ? ) In
quiries addressed to mo , I find tnat a story
iii this morning's BEE relating how n certain
attorney who "occasionally staggers at
dramatic crltlulsm" was hold up is taken to
icfer to mo ,
The story is a good ono , but so far as I am
concerned is without the least foundation In
fact. Hospccifulty , U. 1 * CAUTAN.
Taints Fniaertion nnil Qne tlon Decided by
thoUadee * Saturday. '
LINCOLN , July fl. [ Special to TUB Bun. ]
In the supreme court yesterday the follow
ing decisions vrcro given out :
Clnrko Banking company vs Wright. Er
ror from Buffalo county. Hovorsod nnd
remanded. ( Opinion by Mr. Chief Justice
Maxwell.
An afflldavlf for tlio Issuance of nn attach
ment may bo nrncmlcd by lonvo of the court ,
oven after a motion to irunsh the proceedings
Is filed , bocausdof that particular defect ,
Eden Musco company vs Yohco. Error
from Douglas county. Hovorsod nnd re
manded with Instructions to dismiss at
COPU of appellant. Opinion by Mr. Jus
tice Norvnl.
A parly appealing from ft ludRincnt of n
justice nf the pence to the district court may
dismiss his appeal without the consent of the
apj.olluo at any time before the cause Is sub
mitted to the court or Jury. ,
2. ThncasoMof Itorgnm vs Fremont , Klk-
horn > Missouri Valley Itallroad company , 23
Nebraska OJO , nnd Itobblns vs Omaha &
North 1'latto Kallroad company , 27 Ne
braska 73 , dlstliigiilshcg.
Farmers nnd Merchants bauk of Amsworth
vs Upliain. Error from Valley county.
Uovcrscd and remanded. Opinion by Mr.
Chlof Justice Maxwell.
Thocourt.it tlio rcnuost of the defendant *
pave three instructions consecutively , In
which Ills Raid "that u fnlluro of considera
tion , brofirh of warranty or fraud constitutes
n valid defense , " etc. Hold , that the element
of fraud uns not In Issue In the caso-nnd the
Instructions were erroneous mid prejudicial.
2. Instructions must bo applicable to the
issue made by the pleadings.
First National bank of Wymoro vs Miller.
Error from Gage county. Affirmed. Opin
ion by Mr. Commissioner Hagan.
On Saturday , the 31st day of May , 1800 ,
about the close of banking hours , ono M , on-
dnrnpil In blank and deposited to his credit In
a bank In Wymoro , Nob. , certain checks drawn
to his order by ono Jl. on a bank in Cortland ,
Neb. Wymoro and Cortland are twenty-
seven miles distant from ono another , but con
nected by telegraph , telephone and railroad
lines , and a mall loft Wymoro at 0
p. in. dally arriving at Oortlnnd at 0
j ) . in. the same day. The Wymoro
bunlonado no Inquiry of the Cortland bank as
toft bother the checks nero Rood , nor did It nt
any tlmo advlbo the Cortland bank that It
hold the checks , but on the day of their receipt
mailed said chocks to a bank at St. Joseph ,
Mo. , which , hunk sent them by mall to a bank
In Omaha , Nob. , and thin latter bank sent
them by mall to the bank In Cortland , at
which thny arrived on June 5 and were then
protested for non-paymont. Held , that the
Wyinoru bank did not present the checks for
payment to the Cortland bunk In a roatonabto
time , and that the endorser , Miller , nas
thereby discharged.
2. An ordinary check Is not designed for
circulation , but for Immediate presentment ,
and to charge an endorser must bo presented
with all duo dispatch nnd diligence consistent
with the transaction of other commercial
business.
3. Greater diligence Is required in present-
Ins ordinary chocks for payment than In pre
senting bills of exchange. Whether an
ordinary check has-been presented for pay
ment by the endorsee thereof In such a ictison-
able time as to hold the endorser must bo de
termined from the facts and circumstances of
each particular case ,
4. No custom or usaco anionp bankers as to
the manner of presenting ordinary checks for
payment will relieve them from the ICRU ! duty
of presenting such checks for pay incut within
a reasonable time.
0. In a suit by an endorsee against the cn-
dorher of an ordinary check , where the defense
is that the chock was not presented for pay
ment within a reasonable time. Inquiry ns to
whether the endorser was damaged by reason
of the failure to present thn check for pay
ment Is Immaterial.
IIouclc vs Ilinzman. Error from Douglas
county. Aftlrmod. Opinion by Mr. Jus
tice Post.
Whore the facts rolled upon to render a
mortgage fraudulent as to creditors anpoar
upon the face thereof or are undisputed the
question of fraud Is ono of law for the conit.
In all other cases It Is a question of fact for tlio
consideration of the jury.
2. A mortgage will not bo declared fraudu
lent as to creditors on * ho solo ground that
among a largo number of separate chattels
included therein Is u small amount of perlsli-
abio propzrty , which It Is Impossible to nio-
burvo until the maturity of the mortgage debt ,
although such fact may bo considered us evi
dences of fraud. 'Tho ' question of good faith In
such case Is ono ot fact and not of law.
Pheulx 'Insurance company vs Dungnn.
Error from Kearney county. Afllrmed.
Opinion by Air. Justice Post.
A policy of insurance provided that upon
the failure of the Insured to pay the prGimum
note therein described In full at maturity ,
such policy should cease to bo in force and
continue null and void while Enid note re
mained unpaid. Bald note not having been
paid nt maturity the Insurance company ac
cepted us a credit thereon an amount of
money largely in excess of the premium
earned , and left the note with Its local oiront
for collection. Subsequently and before the
premium so paid had boon earned and before
the note had been paid In full tlio property
Insured was destroyed by llro. Held , that the
policy was voidable only at the election of the
Insurance company nnd that by receiving and
retaining tlio pait p-iymont after default and
retaining the note for collection , It waived the '
right to Insist upon a forCeltiuo thereof.
In ro Dobson. Habeas corpus. Writ de
nied. Opinion by Mr. Justice Norval.
When a person is convicted of n criminal offense -
fonso It is the duty of the court In which the
conviction was had. to render Judgment
against the prisoner for thoco-tts of pi onecu-
tlon , und the court may mul.o It a part of the
sentence that the party bo Impilsonod In jail
until the costs are paid , or socnre.1 to bo paid ,
or Is otherwise legally discharged. Criminal
Code , r-ecs. 000-BU1.
2. A defendant In a criminal case confined In
jail for the nonpajmontof the costs assessed
against him , und who is unable to pay the
same , is not entitled to bo discharged from
fuithor Imprisonment for such costs under
section & 2a of the criminal code , whei u It ap
pears ho has not boon imprisoned at least ouo
day for eucli $ ! 3 of costs.
German Insurance company vs Eddy. Error
from Lancaster county. Motion overruled.
Opinion by Mr. Justice Norval.
Upon the rendition of a judgment in favor
of tbo plulntltr In an action on u lire Insurance
policy Issued shico the taltlng cirectoftho
valued policy act of 188'J , where the Insured
bulldlr.g has boon wholly destroyed the court
rendering ! the jiuUinoiit Is under said act
authorised to allow n loiisonnble attorney's
fee in favor of the plalntltf und against the in
surer , to bo taxed us costs in the case. Such
allowance can bo made only upon pioof as to
what constitutes u reasonable feo.
2 , The- question of the allowance of attor
ney's fee In fcuch a case cannot bo raised In the
llrst Instance in the supreme court , but the
plalntlir inubt llrst demand such fee lu his
petition and present the question to the trial
court , und , If disallowed , the decision may bo
reviewed in the appellate court ,
flouring Mill llurnod ,
WiLDLit , Nob. , July 2. [ Special Tele
gram to TIIE BEE. ] The Swan City mill ,
five miles south of bcro , owned by the Do-
Witt Milling cbmpany , was burned down
last night. It was struck by lightning.
Loss , about $10,000 ; Insurance $7,000 on build
ing nnd machinery and $1,000 on stock ,
placed with agents at DoWitt.
Baking Powders F
Before Congress.
The Pure Food bill before Congress would be a righteous
measure for the people , and should become zlaw. \ . Th'e public
want pure food , and in order to protect themselves must know
what is adulterated. All adulterated preparations should be so
branded , including Baking Powders containing Ammonia or
Alum. Then if people want to dose themselves with "Absolutely
Pure" Ammonia or Alum , they will do it knowingly. The
public have been looking up the composition of Ammonia and
Alum and they don't like the idea of eating either in their hot
* * '
biscuit.
Dr. Price's
Cream Baking Powder
Is a'Pure Cream of Tartar Powder ; free from Ammonia , Alum ,
Lime or other Alteration. And every investigation , whether
in the laboratory or kitchen , confirms and emphasizes its superior
ity in every way.
AREYOU GOING AWAY ?
Whether You Arc or Not YouNroU to Know
.Tint WlmttoDo , Itotli nt Homo
niifl Wlillo Awny.
Noiirly everybody Is plnnnlnt ; to do moro or
UBS travelling nt till * sonton. Many people
wliocan Afford Itco to Kuropo anil spend a
greixt deal of time abroad. Toilnyyou meet a
nan In Hoston. nnil next weak you oticountar
11 in In San 1'riitiolsoa Those wbo have not
the tlmo or moans to take these extended trim
; o to some Mimmor resort , or taka u httlo trip
occiisloiinllv. Till * In right nntt proper. Wo
noca cliango , wit till this running nuontrauscs
'rosh risks to health nnil llfo. although tlio
travelling may bo tnkun for health nnil plo.-is-
tiro. Kxpoiuro , cliuiiKo of nlltniito nnil habits ,
ilmriKo of wntor nn 1 dlot , KM * of sloop , and nil
, hcso thlnitfl iiinko Duoplo sick ut every inoon-
voniont times imil In unoxpcotud plncei. I'oo-
: > lo under such circumstances are often solzntl
with stoknossvliorusiiltablo inodloiil help or
romoSlos are not nt Iriiul. ud ! complaints are
awakened which frciiuontlr take n fresh hold
and of ten result In death. At such times Ill
ness may often bo wnrilod off by the urompt
isoof some Rood nio-Uoltiivl stliuuliuit , Tlirro
9 no otltiiuluiit equal to iiuro ivliltkoy , and
iho purest inedlnlnal whlsKor upon the mar-
lot today U DnlTy'a t'nro Malt. It lias boon
joforo the punllu for your * It. may bo possl-
bo thatRoino intcri-stcd person may sav that
other whiskeys are just as ( tood. tuit.lt Hlnulil
bo borne In mind thatnlhor whiskeys do not
accomplish what JJntfy'H I'oro Malt 1ms nc-
coiupllRhod for the past twenty von re. It hits
saved the Il\c3 of thousands , and Its prompt
use hill prevented tlio dancers which clmneos
of the season and Incidents of travel always
occasion.
This jollity is illustrative of tbo hnp.
pincss of hundreds of thousands of people"
\vhoso Rheumatism , Neuralgia , Sciatica ,
etc. , liavo been cured by AthJo-pho-ros.
Tbo company baa on file , in classified
form , nt its office in New Haven , moro
than 60,000 letters , from nil over tlio
world , testifying to relief or euro of these
who Imvo used Ath-lo-pbo-ros , nnd to tbo
standard sale of tbo preparation by drug
gists. Thcso letters tell of suffering , ap
parently incurable by other means , cured
by this ouo great remedy , nnd tbey ex
press tbo experiences nnd convictions of
tbo great multitude who have sent their
tribute to its virtues ami powers.
At all druggists. § 1 per Lottie.
The Athlophoros Co. , New Haven , Conn.
Duplicate i
Photos ;
Can bo obtained from any k
negative you may have hnd '
' taken within tlia last ton years k
"
at our studio , finished in the
latest of processes. i
High Class Photography.
At Popular Prices.
1 313-315-317 , S. 15tU Stroot.
V Omaha , Nob.
PRESERVE YOUR EYE SIGHT ,
USE
r & Bro Co-
gmm mmmmmmmm m mmmmmi
| Five > . '
| - Hard "
1 , . Cases i
To beat arc the five : cases of ele-
gnnt Hiilbrltigun Umlcrwcur that wo
oiler In the "furnishing lixin's for
men" department today , at 25c and
40c a garment positively worth
forty nnd sixty-live cents any where ,
even here. , ,
of those
at 50c each *
Not so many not quite so good nil
assortmcntas we hail in the last sale
but just as good as yourdollar will
buy you anywhere else on earth.
Fixin' FoJlrs for the Fourth
without flsin' folks'pock-
efbooks with , fancy fignres.
SIIUWUUUIUUUUUIIUUIUIMIUIIUUIS ;
RUP
Y CURED or NO PAY.
NO PAY UNTIE 'CUilED.
Wo refer you to 3,590 patients.
Nat'l llanlt ot Oommcrco. Omaha.
Uurman Savings Il.inli , Oinahi.
No detention from business No operation. Inves
tigate our method. Wrlltou gnnr.intuo to absolutely
euro all l.lnds of HUi'TIJltK of both BOYOS without tb *
use of knife , no matter of how long standing ,
EXAMINATION FREE.
THE 0. E. ftfBLLER CQfftPAfJY ,
307-U08 N. Y. Life Building , Omaha , Noi ,
SIND ron < "
1316 Douglas Street , Omaha , Neb.
The eminent aooclslljt In norvous. chronlo , prlrata. blooJ. skin nail urinary dlsomej A regular anS
reglitoroJ graduate In medicine , ai dlDlomis and oerttnctte * will a ho IT , It ntltl treating * ltb the groiteifc
uccois , cnurrn , lost manhood , gamlnalwmknass , nlxut lonsj and nil form * of private dbensuj. "
mercury mod. Now troitmant for losi of vital power. 1'nrtlx unable tOTliU momnr bo treated at Uff
brcorrespondence ) , MoJIclnoor Instruments lent bjr mill oroxprosi oOaroly packeJ ; no marKi to l
cate contents or Bonder. Ono norional Interview preferred. Consultation froa Corroipondenca itrlctle
private , llook ( MyBtcrlet of Life ) aont free. Ofilce hours , 9 a.m. to 9 p.m. Sunday * , 10 a , m , to 13
Band ; stamp for circular , .
A BXBICTLY TUHE
ARTICLE.
A MOST DELICIOUS
CHEWING GUM.
A VALUABLE SPECIFIC -
CIFIC FOR LUNG te
THROAT TROUBI.E8
Mudo bv Ourtls &Son , PortlnnJ , Mo.
'DISORDERS '
. _ _ _ _ _ And nil tlio train of
iVILS : , WflAICNKSSHH , DKIHLITY , J3TC. , Hint ac
company tiic-m in iiu-ii Quiaicr/v nmt IT.KMA-
NKNTI/y CUllKl ) . Full bTUKNUTU and tone
irivrntoovury pirtof tliu body. I will Bond ( BO"
ctirolv packed ) J'Kr.i : to any milfoier tlio prtlncrjjt '
tlon tn.it cured inn of tln' o ttouules. AUilrcwi TV
A. 11KADLKY , Jliltlo Creolt , Mlclj. ; -
NO"
This wonderful preparation is Purely Vegetable : compounded
from the prescription of the Official Physician to the Court of Spain.
" Espano " recreates Mental and Nerve Power in Man and Woman.
An infallible remedy for Nervous and General Debility ,
Nervous Prostration , Creeping Paralysis , Weakness caused
by Debilitating Bosses , Excesses or Over-indulgences , In
cipient Softening of the Brain or Paresis , Dimness , I/oss of
Memory , Confused Thoughts and all Brain , Nerve or Sexual
Weaknesses. It has no equal in restoring the Stomach and Brain
to its normal condition following the abuse of Alcoholio Beverages ,
or indulgence in the Opium , Morphine or Chloral habit.
THE GREAT SPANISH BRAIN AND NERVE REVIVER
Ilavo you abused the laws of naluro and injured your nervous uystem ?
Are you despondent and melancholy with confused ideas nnd gloomy thoughts ?
" ESPANO " will positively euro you. It contains no mineral poisons and
Is remarkable for awakening organic action throughout tlio system and an
improvement in every tissue. It produces better muscles , bones , nerves , hair ,
nails , gkin , blood and gives vigorous life to the unfortunate who has exhausted
Ids powers. Prepared in tablet form and packed in boxes convenient to carry
in the pocket. Each box contains 00 doses or enough to last ono month and ia
worth many times its weight In gold. Tlio price f 1.00 per box or 0 boxes for
| 5.00 if ordered at ono time and a guarantee will bo given that any case men
tioned above that it does not cure , the money will bo refunded. An to our
financial standing wo refer to any bank in this city. Rent charges prepaid to
any address in United States or Canada. Put up in plain mapper with no
mark to distinguish what it is. Send for circulars and testimonials. Address ,
*
ii ovo3 > r > ioiisri3 > co
Stockton Street
* v - SAN FRANCISCO , CAL. , U , S. A.
AiTable Brain and Nerve Specialist can at any time be confidentially
cpnsulted entirely free of charge , personally or by mall , at the above
address.