V ,
THE OMAHA DAILY JBEJSu FRIDAY , MA11CII 0. 1800.
SPB01RL NOTICES.
for tlip o column *
be InUoti until I'-liUO p. m. fnr
Hip ivfiiliiKnnil iinlll H p. in. for Ilio
illumine mid Mmiilii- ( Million * .
/nlvcrllxiTu liy r < MtiNllnK | n IHIIII-
lirri-il clicck , cnii Itnvc nimtiern nit-
ilrrHMpil to a imniliiTril Irdcr In c'nrc
nt The Her. AnrmcTN MII mlilrcH'cit
Mill l > r ili-llvi-rril upon prcHunltltloii
of ( lie rlii-c'k mil ) . llntr * , 1 1-SJc n
mini flrt iiinrrllon ) Ic n wnnl
( luTritftpr.nlliliiK tnlicii for Icni
limn -.o " for llrit liincrlloii. Tlirnu
ntlA crtlNpincnt * innut lie run coimueit-
II vi-1 } ' .
SITU \T1OXS WANTI3IJ.
POSITION ON PAIIM ItV MAN AND WIFH :
no children ! fupprlencrcl linml. Aildrst. ' P.
Ntlsna , 10)7 laMnI rt trot , Omahn.A .
A MtM
\VA.Vri11) MAT.n II P. 1.1 * .
\VANTnn. A GOOD 1'IIYRICIA.V IN A OOOU
live town on HIP tlcpiilillran rU-cr. For liar-
tlcnlnrs ntldrcts lux t2S. Lincoln. Nfh.
II MZ.W-M15 *
A FFJW nNKiimrrtn IUTSTMNO MRS CAN
nnd uteady , profitable work with C. K. Ailims
Co. , C2I So. Klh t. 21" ! 13 ? . L.
BAIr.8MnNlCAU.IN'O ON IIARtMVAIin ,
Rcnprnl ntorM or mnniifncturltiB trnde , to carry
llr t-clflM ulilo line ! no experlenca required.
The implro Oil Co. , Clevclnnd. O.
. II .Vt&T , . A113
W TO 11M PAID SAt.nSMUN KOIX ClOAttS !
cxprrlenc * unnecenmry ! extra Inducement * lo
cuttumer * . lllxhup & Kline , Kt. I.ouH. Mn.
II C23-M3I *
GOOD. MVR MIINVANTii > ! ON SAI.AHY
hi nice clean Inmlnesii , Cnll at 1518 Uniglm.
BAM'SMKN ( llfHTLHH1 ! ) CAN 1'IND rilOPlT-
nhlP emiiloMnenl 617 Sliccly tulldlnff. Ijfforc 8
a , m. , ufler 4 p. in. B * 6l &
HKM WANTEn-PUSIAIjK.
X.Anir.3 WANTING GOOD dlHI.S CAM. SCAN-
iVnnvlan Y. W. C. Amoclatlon Horn2)18 )
Mucaport. Telephone , 1SJ7. C Mol2-Mi *
rou ur.vr HOUSES.
HOltSUS IN ALT , 1'ARTSOK T1IH C1TV. Till :
O. V , Dnvla Company. 1W5 Fnrnam. D 631
HOUSES. 1IKNIIWA . CO. , 101 N. 15TII ST.
IJao *
mNHOUSES. . C.A.STAIUI. 523 N.Y.
roil ItENT. NIGH POOTH FHONT. 8-UOOM
tirlck linuie , with nil modern Improvements
nnd In flrM CMFS | conil'tlon. ' Inquire on prem-
tiicr 2010 Ilalf-ltim-atil street. D 519
IIOUSI28. i : . imO\VN v. 16 & tjoui ;
FOR HHNT. 3-IIOOM HOUSK ; OAIlOnN' . H. 12
car 23d anil Clnrk. U M3r
roil RENT , nousns i.v AI.I , PARTS or
Hie clly. Drcnnnn-l.me Co , . 430 PnMnn Mock.
D M5H-M27
ron HUNT. 7-nooM MOURRN VLAT.
block , fioc so. mir t. IJ-GTS AS
FOII RFNT , nousn H. K. roiiNT.n ICTII AND
Ilnwnnl streets : contains thirty nuins. all fui-
nlsheil , Including ntc.ini heat ; will lie put In
fnlr KOO < ] repilr for good tennnt. Call nt 1113
Hnrney street. _ _ U MJS5
TWO 8-HOOM COTTAaK3. ONU
modern , 802 So. SOth. D-713-11'
rou itK.vr KtmxisiiKi * ROOMS.
FunNisuno IIOOMS. : o4 s. svni ST.
E JIC73 U *
Y KURNIHliU ROOM IN VIUVATI3
family for twu ccnllpmcn or eentlcman nnd
wire. Address I , n. Dee. K MIB4 < >
'
3 NIC ! ! FIJUNISHIID IIOO1IS. LIGHT HOUSC-
keeplnK. 1112 H. llth street. C M707 11 *
I PLEASANT UUITK OF HOOMS , 1919 DODGE.
' K 712
UOOMS AND llOAltl )
IIKD FRONT. JIOQMS.VITII on
.Yr1trmut * l > ( innl ! * ttaninirnt ! : - lectila' lid's ;
balli ? ' : rates rptuonnlile. Midland hotel. IGlh
nnd Chicago Fts. F M533
FUUfnSHi:0 BTHAM HKATHD ItOOMS. MODem -
em conveniences ; board. 002So. IStli. F 535
_
FmtNIflHKD IIOOM , MOnrJKN.WITH linAUD ,
15eek : nl = o ulU rojm * . The Rose , 20.0 II rney
T-.Vi4- ,
f NICi : ROOM AND UOARO. $4. C25 fi. 19TH
. v F-5-MV.
. CHURCHILL HAS TAKEN 2101 AND
2103 DouKlns ( formerly knrmn n the Albany )
loom * . fuinlsliod and linfurnla'ied. Table
, bnurd , ? 5.00. F MC58 10
roii iiMvr FimxisiiED KOOMM.
C UNKURNlSlinn CHAMBERS TOR HOUSE-
kerningin.m nnd wife : water In kitchen ; steel
sink ; waste pipe. 313 N. ITIh. O MC1S
FOR RUNT STORES AND OFFICES.
FOR UENT , TUB I-BTORV URICK 11UIUJINO
nt 816 Farnam nt. This building hai a ( lie-
proof "cement basement , romp'.eto fcttara heat-
liiir llxturc'i , nler on all lloors. b'as , etc. Ap-
| ilnt tha olllca of The llee. 1 910
FIH3T-CLAS8 WIICIC BTOTIK tiUILDINQ ; 1011
Knrnam ; three utmles nnd biib < mient ; will niter
to suit tenant ; low lent. 211 First Nullomil
limit ImlldlnB. I I-MG35
AUI2VTS WANTKO.
WANTED , AQKN'TH TO KKI.L , KJNI3 CAI.I3N-
il.ui for mlvorllslriB purposes. Address John A.
O'Neal , MqniiEer. Dca Mblnw , Calendar Co. ,
IliiillliKton , It. ' J MI1S C
W.VNTI3U TO 11EIVT.
Till ; DKMAND FOH HOL'SEB IS GOOD ; LIST
with J. H' Penolte , nth and DM e.
K-M62 : 31
STOKAfilS.
STORAGE. FUAK1C UWUKS , 1H HAH.N'ET.
Mj-537
X'At.'IFIC BTOUAGK AND \VAJllillOI7fI3 Ca7
IKiS-JtO Jones. UciiL-rol utornKu and foiwarding ,
M 533
WA.VM3IJ TO 1IUY.
SNIMIAND riJitNiTym : . nnows's , 102 s. 14 !
_ _ N-559
-VVANTUD , TO I'UHCHASK A GOOD HADDLn
horse. Write to llemy Koolilcr , Dine Hill ,
'
' ? b. N MKtf-MC
_ _
) tOI..tiC [ : TOI > DF.KIC IN GOOD ] lii'AIIt : ;
aiiiall ( liepruof naff. L 47 , Dec , N--M7-1 4'
'DI3NSMOIII3 TV
iiAddrc- ! Lock 11 ix I'M , Hunuihri-y , Xrl > .
N-U1U
FHOM OW.NKIt , A HOMIJ ON KOUTJI
Jilh. 1'illi ' or 17th NIH. ; r-00. 0 cash nnd niunthly
< i > u > nifnti ; I..UU bi > .a balt-.lln. Call lit J'JII
Dor an > t , ' N M713 s
HKC'OND-IIAND iucrCLU. . JF
eiudv and In b'&o.i condition. Addieea L
I'OIl SAI.i-l'"URXITUIU3.
VUIlNlTUni3 1MIOOM HOW.1. WITH ROU.\i.
en ; tllCTji fur cusll. SIM DuuRljn. ( J-JiiWI d
'
- -
I.'OH
81313P SWKKT l-OTATOKM. VlNnM3SS , FKK13
Tlmo. Wllllanit , Uciuon , N tt. IJ-MICO-MIS'
BEST HARDWOOD HOO ANU C1IICKKK
fenca. AUo "all wilt , " C. R. Lc.0)1 )
_ _
Ni inVFOUNDLANlt J'Ul'PiL'S. | > "WliUKS OLH.
tur ale. 1021 tto goth 't- Q-tfi !
FOII BA1.13 Oil THAUi : . Till : HAU nXTJIRUS
. pua furiiliuiii or tliu I > n\cr * lwn , JJi l > uuj-
tut utrwt , , Umalu , KiIn.juhv \ ut nbovu
number. y-M4C5-.MV >
_
FOII SALIJ. AN L'NTHIIJI.Y Nj8irr : OF
bar lUtuicn , U'ry cou , AdJr I' . O. lox
7 ; , Columbia , Neb. U-J17i4 l >
CI.AlHVOVA.'S'l'S.
. UR. n , WAitrtiN : , ANT. im-
lubl * bu hC4i iiicOiunii tlh ytur at 119 K. Kih.
a-oil
JIASSAOI : , H.VTJIH , irro.
WADAWK HM1VH , UK IX > UOL.VK
tl tloc-r. room II , inu > ane , > * . ain , alcohol nnd
iulhciln | * iMtlw. T A1MO 7 *
. AillZsj-YlltMUItLV 01' ST. tOfld. .
mil . ! : an < r , iu > uiii.
T-IMU *
_
IIAUAMU IJSON. MAHSAOIJ PAllIXiltS.
- - U U. il-.li > tr. .
IM3RSO5AI. .
HATHS , MARSAOn. MXH3. IXJST , : V4 S1'Tir ,
u-w :
FINR uvrniT RIOS ciiKAt' . in iiAt'Mi.F.r.
17lh and St. Mary' * avenue. Telephone. 44" " ) .
U 643
MISS VAN VALKKNIIUROH , DKSTROV8 I'lIR-
manently by electrlcty upernuou hnir , melee ,
- etc. Room 416 , N. Y. Life bldg.U
U 514
VIAVI TO. . 3K I1KB llt'lLDINH ; HOMI3
trpilmcnt for Indict ; physician cf fifteen > rfai
experience In attendance ; consultation free.
COUSirrfl MAIIR TO OHDKIlj WIUTJ3 1'OU
mM < ur dlrccllons. 10W Farnnm It'll" Kp-
perly Cormt Co. U'-.M47S-Ma
TO PARTinS TFAVINO OMAHA Fifth IN8IJR-
nnro company policies ; e the nRent thnt wrote
you ; don't give up your policies until then.
nuvATi3 noun FOII LADIES nr.Fonn AND
during cnnflnementi boblfs niloptiMl or careil
for ; terms reasonable. 6312 M. 25th n\e , cor.
Fort nt. . Omaha. U MCJ1 ' *
Tlfn I'ALACn linAl'TUi'UL ! COM1NO Wt313IC ,
with p\ery hair dre < or * hampoo ! free cnlp
treatment : don't miss this opportunity. IliU
DoiiRlan t. U < J82 "
UIin. WILL 1113 OI.AD TO HI3AR FHOM
you nt the tame old Chicago address IV < ln > .
tj W7-5 *
MISS MASON'S DllUSSMAKINO SCHOOL , R.
421 , lleo building. U-M702 AC
MOM3V TO LOAN R IS A I. KSTATK.
ANTHONV LOAN AND THUST CO. . 31 N. Y.
Life , t/oans nt low rates for choice security In
Nebraska & Iowa farms or Omaha o.t > properly.
W JIO
MONBY TO LOAN AT LOWEST RATI39. TIH3
O. F , Davlii Co. . 1503 Farnnni nt. \V-5I7
o T'r.ii crNT MONEY TO I/JAN ON OMAHA
real cstnto & Neb. farms.V , 11. Melkle , Omaha ,
\V-6I8
MONEY TO LOAN ON IMPUOVED OMAHA
leal estate , llronnnn , Love Ac Co. , 1'axlon blk.
W 343
CITY LOANS. C. A. STARR. 023 N. Y. LIFE.
LOANS ON IMl'ltOVED & UNIMl'ltOVED CITY
properly.V. . Farnam Smith & Co. , 13W Fatnnni.
\V-551
FAHM LOANS. DOUGLAS AND SARl'Y , 1 TO
10 scarn ; low rates. Gimln llroa. . 210 N. Y. L.
W-B32
GEO. 1' . IJEMIS , 1/OANS , PAXTON ULOC1C.
W-939
FHOM I1W.OO UP. F. D. WI3AD , 16th & DoiiRlas.
W 293-MI6
MONEY TO LOAN ON 1MPHOVED OMAHA
properly nt 6. GVJ , C and O'A per cent. 1'utcy &
Thomas , room 207 , First National IJank bldir.
Vt'-293
BIO.M-3Y TO LOAN' CIIATTfiLS.
MONEY TO LOAN ON rUtlNlTUUE..PIANOS ,
horse * , nngons , etc. . nt lowest rntes In clly ;
no lemoxnl of goods : ctrlctly conndcntlal ; you
can pay the loan oft at any time or In nny
amount.
amount.OMAHA MOUTGAGE LOAN CO. ,
300 B. 10th Et.
X 5S3
MONEY TO LOAN , 30 , CO. 90 DAYS : FUHNI-
tuie , pianos , etc. Duff Green , loom 8 , Baikcr blk.
X 554
nusi\iss cji.v.Ncns.
CIlIPPLl : CIIEEIC GOLD STOCKS , SAF13 AND
HUIC : J" and upwnids Invested often brings
fabulous and quick returns by placlns J-'Uf
orders with the Van liuri-n Investment Co
( Incoi | > nrnli > d ) , bankers and brokers , SOS ICth St. ,
Denver. Colo. Y 555
ONE I THI : msr SALOONS IN THE CITY ;
must sell nn account of slcUness. Address P. O.
llox 813 , West Point , Neb. Y M194
FOII SALE CI1KAP. NICE CLEAN STOC1C OF
Kcnornl merchiinUlse In one of the best towns
of Northwest Mlssouil on the K. C. , St. Joe &
C. II. It. It. Will 'e'l ' stock and rent storeroom
If desired. Addresa Lock Uox IS , CrulB. Mo.
Y M419-M7
COAL AND FEED BUSINESS : GOOD TR.VDI3 ,
liaVo other business ; tn % estimate Address L 4 ,
Hoe. Y M33C M27 *
_
FOII SALE , AIJOUT 2.000 L11S. MINION TYPE ,
7iW Iba. nRato , CO' ' ) Ibs. brevier t > pe , 130 pair
two-thlid tjpc inies , 4i ) double luin staliJs for
tw > thluls cases. Tills mnteilal , was used on
Iho Omaha IJee , nnd Is In fairly good condi
tion. Will bJ sold cheap In bulk or In ciuantltt' ! :
to suit purchasers. Apply. In | wion or by mill to
, tlifl.liee. J'lilillalilng Co. . 0 > paha. ? 'elj. \-713
MANtJFACTUniNO CONCEHN DESIUES TO
appoint one energetic buslne s man In Oinalm
( and every city not already taken ) ; applicant
njusl furnish a row hundroil rtollais cnsli cap
ital to pay for seeds on delivery after ordcre
have liccn secured for same ; nn Imnus ; no
money In artvcmce ; previous experience unnece.s-
i.iry. Wo are manufacturing a specialty , al
most a monopoly ; not n luxury : something
which will reduce expenses ; needed by eveiy
mm. factory , mill , hotel , store , etc. , throuRh-
out the land : from > 200.0i ) to J400 M monthly cnii
bo made ; references required , n. Guenlher , 100
Fulton. St. . New York. Y M717 7
FOR EXCHANGB.
WANTED MACIIINI3RY. NEW OR SKCOND-
hand , \n equip a creamery and cheese fnrtory ;
will trndis clfar cultivated farm for same.
Georcc W. Ames , ISlT.fc Farnam street.
WANTED. BLACKSMITH SHOP AND TOOLS
In exchange for good , clear farm or horses , or
would rent shop In seed location. A. M. IVter-
ssn Box 231 , Alnsworth , Neb. Z M70 ( ! 6 *
WANT TO TIIADK , WOOD FOB A GOOD
young woik hoise. Call at 1C10 Biirt street.
FOR SALK REAL ESTATE.
BARGAINS. BALI : on TRADE , IN CITY PIIOP-
ertlcs nnd farms. Jno , N. Frenzer , opp. 1' . O.
1113 556
OEO. P. BEMIS. HOUSES , LOTS , IHRIOATED
farm lands , loans. 203 and 306 Paxton block.
HE 537
ABSTRACTS. THE BYRON REED COMPANY.
RI3-5M
FOR SALE HANN'fl PARK. GRAND ISLAND ,
Neb. , the larceit and most beautiful pork In
central Nrbiuxka , containing 20 acres , . Urge
hall , with staKu anil all modern Improvements ;
terms very liberal. For paitlculars Inquire of
Henry II n. Grand blond. *
_ , . .
DO YOU WANT A 8UKI3 INVKSTMI3NT
which U pn > lnff 9 per cent now. durlnir dull
times t Wo have It ; llrst class ImproM-d prop-
oily on 16th street. Omaha Real 13 > ituln and
Trust Co , , 511 S. IStli strict. RE M433
LIST RKAL KSTATI3 AND RENTAL PROPerty -
erty with Jones , Ciuunse block. Oinuh.i.
TO I1ORROW.
WANTED TO IJORROW , > 5.0 | FOR TIHU3I3
yearn on Rood chattel fcecurlty. Address Lock
llox 512. Blair , Neb. 087 7 *
WANTUD , LOAN OF $3i .00 FOR SIX MONTHS ;
Hrftt-clHss necuilty ; IitpoiulLlo party. Address
L 4 . 11 0. 11M3 6-
IIU1LU1NU AM ) LOAN ASSOCIATIONS.
BHAUB8 IN MUTUAL L. & II. Afirf'N PAY
t. T , S per ctnt whrn 1 , t , t yeurx old ) nlwuys
icdeemaliln. 1704 Fainara st.i Nulling'we. .
we.U9
HOW TO QBT A HOMI-3 OR SKCIIRE'OOOD
latcrcil on ravlnfv. Apply tu Omaha K & B.
Aks'n , 170) ) Fittnam , G , M. Naltliifcr , tcv.
.SIIOHTIIAM ) AM > TV 'U\VUTINa.
A. C. VAN KANT'S SCHOOL , f3 ! .V , V.
SITS If. , ART AKO IA\UUAUB.
OiOH U I' . OKLLUNU 'IC. BANJO AND
rullar
DIICIClll BROS. ' PJANOjcionATlOAIN : J100 ;
nvw piano * irnlrd nuA cold. W5 MrCiigua
building. M : o T'
IfllHMTlllli : .
riJflNITH R13 PACKED. MATTHF.iSKH. SI ADC
aud itiiovnt d. window cushions made ; prices
rvduccd. M. U. Walklln , : ill Cumlnir. Tel. 1331.
LOST.
I WILL PAY A JIKWAIII ) FOII THU RETURN
of my Jiupiljli i-tlcr ilotf. Pave , to ? JH NO. SO ;
whllv , with lii'i ran and fart , white line
between ryiM and thrtAijh face. Lout-CIS 3
LOHT-A OAEOLINI3 LIUHTEU TO LIGHT
tinvt lumps l' uard ( or Infarni tl'jn to Uis
I'ainam , lust 700-5'
i'A\v.\iiaoicjns.
II , MAIMW1TZ LOANS MONEY. 418 N , 1C ST.
1MTROM/.K IIOJII3
TillAIAVAVB lit.lAUl.t ! : : HARNESS KUOP
of JoKj.li MnJliovfiuT. ttiannKcl by the oldest
( ruclliMl sdJIer uj lisrno'uu-.kpj- Omaha ,
Is nrf \ loratt-t t ( 1 IVj. jaii jl. , voitiur Jack-
sjn. All klnj * pt limn mvU sn.l taciory
KvoJi on ixnl t.x cc.I ruiV > u-A ilrr lrnr |
urvmvlly alltnatJ Jo. A < > ' < it-'tw. 2l > iucrr ,
ill 3u lltli it. , cor DPI Ju4 ' > < U Mt <
- IMCYCLP.S.
OMAHA ntCYCLR CO. . BEST PLACB TO BUY
bicycles ; bicycle * repaired , 323 N. 16th st , C 8
WKST BICVCLK A GUN CO. J4IS CUMMINO ST.
Agent for "Ontario" , "Newport" & other * .
MS
MEDICAL.
PILES CURED WITHOUT PAIN ONI3 TRRAT-
ment itoes ( he work. No knife or coustlo used.
Rectal niseacp a rpeclalty. Dr. Cook , 307 New
York Life Btilldlns. C31 7
WILL R.visn soju : stiCAR iir.r/rs.
_ < _ _ _
I'lirnn-rx Arounil \ < > rlh Lotip Trrimr-
li\K fur n Rnniililprnlilt * AcrptiKP.
NORTH LOUP , Neb. , March G. ( Special. )
While the allegations of unfair dealing cur
rently made agnlnst the managers of the
Oxnaril Beet Sugar company somewhat damp
ened tlie nrdor of farmers around hero who
were contemplating experimenting In that
crop , considerable Interest Is now being re
awakened by the statements of Mr. Ahder-
sn , who was sent as a delegate from Valley
county to the Fremont convention. He In
sists that the crop. If put out within mod
erate limits , will amply repay the trouble
for stock feeding purposes alone , and ho Is
endeavoring to pcrsimlo farmers to put In
at least an aero or two each , Just to show
what the sol ) ct the valleys Is capable of
producing , believing that If capitalists were
once convinced that abundant crops of a
product rich In saccharine contents could bo
depended on they would not hesitate to In
vest liberally In manufacturing plants. Sam
ples sent from here to. the chemists of the
State university have analyzed ns high or
It'gher In sugar than those from any other
plnt In the state.
of it nny lii Xrlirnnkn.
FREMONT , March C.Special. ( . ) Mrs.
Sarah Whelpley of this city died yesterday
afternoon of the grip , aged 71 years. She
leaves a son and daughter. Mra. Whelplry
was for many years a resident of Fremont
and \vns highly esteemed by a large c'rclo
of acquaintances. Her funeral will be held
at her late residence Friday afternoon , Rov.
W. H. Buss of the Congregational cburch
oinclatlnc.
I'LATTSMOUTH , Neb. . March G. ( Spo ;
clal. ) Mrs. Matilda Uhllk. aged 71 years ,
who died Monday , was burled today.
Xc-lirunUn NOIVHotcN. .
Falls City merchants are stocking up
heavily
Considerable counterfeit money has been
circulated In Plattamouth of lato.
Frank Seely and Charles Green were taken
to the penitentiary Wednesday from Wahoo.
The excursion boat Sundown , recently dam
aged by nro at Plattsmouth , has been rebuilt.
The Burlington paid taxes In Case county
to the amount of $16,479.10 for the year 1893.
1'1-Utsinoutli merchants are arranging to
operate a free ferry across the Missouri river
at that point. >
Mrs. Elizabeth Marvin was burled at Falls
City Wednesday. She was the mother of
George Marvin , postmaster at Beatrice.
Mr , James Berry of Glenwood , la. , and
Miss Irene I3el | Sampson of 'I'lattsmouth
> vcro married at A the latter place Thurs
day.
Falrbury parties have contracted for the
machinery for an artificial Ice plant. The
plant will have a capacity of six tons per
tl-ty.
Hartlngton's school board Is having trouble
selecting a heating and ventilating plant
In the new $12,000 school house In that
city.
city.Fifty
Fifty cars of grain were shipped from
Mynard last week. All over Cass xcounty
wheat and corn Is being rushed to mar
ket.
ket.lion.
lion. W. J. Byran and Hon. Gilbert L.
La\\s. will address the citizens of Platts
mouth , March 7 , In behalf of the Bimetallic
leigue.
The Cass county republican central com
mltteo will meet at Weeping Water , March
7 , for the purpose of calling a county con1
ventlon. A )
'
Pct'er Lundo of Hartlngton , while at
tempting to cross the Missouri river In that
locality Monday , broke through the Ice and
was drowned. ,
During the month of February there were
mortgages fllod on Cass county farm property
amounting to $51,570 ; released , $22,778 ; city
property illed , $0,021 ; released. $0,000.
At North Loup a aeries of revival meetings
are in progress at the Baptist , church by
Rov. .E. H. Socwell of Grand Junction , lol
The meetings will continue throughout the
week.
The Caw County Agricultural society has
been given mempershlp In the- American
Racing association , and Is making great
preparation ! ) for the races to be hold at
PJattsmouth In September.
The Grand Army of the Republic of Rich'
ardson county will meet In convention at Falls
City March 11 to do what they cin toward
getting the district encampment located at
that place to he held next July.
Henry F. Hole , cashier of the Harblne
bank of Falrbury , was married Thursday
morning to MIs Emily M , McGlbbln , one
of the most popular teachers of the local
High school. They left for a visit to rela
tives In New England ,
Friday night the Plattsmouth Women's
club will render a program atVatcrmon's
hall entitled , "A Political Fared ; or , the
United States Senate In the Year 1910. ' '
The plan Is to produce the senate as It
will bo when the "coming women" hold
sway.
Mrs. L. D. Fowler of Omaha , assisted by
her accomplished daughters , Helen and
Anna , gave a reception to some of her friends
Wednesday at Sutton. It occurred at the
Oakland , It's parlors and banquet roomo
having been profusely decorated with
blooming plantB. Somn new games , the
music and conversation of the hour were
Interrupted at 5 o'clock by a very elaborate
tea , prepared especially for the occasion and
presided over by Mrs. Fowler.
IS LAID OFF IPOIl CHUKLTY.
OllleiT I'iinlNli-il for
| Ilriitnlly Trent-
IIIK " I'rlnoiiiT.
Officer Sam Hoff , whose cruel treatment of
Oscar I'earsnll while the latter was In his
custody was described In The Bee cf yes
terday , wna last night by the Fire and Police
commissioners suspended for thirty days.
This action was taken after a hearing of
the case , on complaint of I'earaall , in which
Hoff , the complainant , Mrs , Fearsall , Mr.
WlgmauO01cer ' Tlcdcman and Police Judg'o
Gordon'gAve testimony. All of the testimony
was to tlio effect that while Huff was taking
Pvarsall from his home. 1SOS Howard strpel ,
to ( he police station ha beat him without
mercy and without cause , and that at Six
teenth and Howard streets he cursed Officer
Tlcdcman , who had offered to help him gqt
the prisoner to tbe elation If he needed help.
Bids for furnishing hose were considered
and It was decided to purchase 3,000 feet ,
1,000 feet each from the United States Supply
Co. ' of Omaha , Tate & O. of Chicago , and
the Chicago Fire Hose Co.
MUNYON'S
REMEDIES
DOCTOR YOURSELF
A Separate Cure for Hao'i Dis
ease , At All Druggists.
Mostly 25 Cents a
Bottle.
Munyc-n's Improved Huinoooiulhlc Reme
dies act almost Inutsntly , ppeedlly curing the
most obstlnatu canei. Hhouniatlam cured
from 1 to S ibjfj. Dyspepsia an < l all u to ra
nch trouble * quickly relieved. CUlsrrh posi
tively enroll , Hrailuehe rured In S minutes.
Nervouj dlneisfs promptly cured. Kidney
troubles. I'llfs , Neuralgia , Aftbnu and all
I'fmale Oouiplaluts quickly cured. Jlunyon'f
VJUIIw Impart * tiotr llf and vJi'or to weak
tn < l dcblliutcd men.
r rt : al letter * to 1'rof. Muiiyon. 1505
Arcli tttrec' , Philadelphia , 1'j , ani > -ol wltb
fic medical advice lor icy
OMAHA CANAb KNOCKED OUT
Judgment of the Dipwict Oonrt in Douglas
County ! ATtirmed.
END OF A SUIT AGAINST OMAHA BONDSMEN
, I *
Supreme C < inr ( ( Iverrtilr * llir . Motion
lor u Sow ' ( lie Cnnc of
tin ? .State AwHUiit Ilx-TreaN-
m-L-f'iltlll.
LINCOLN , March ff ( Special. ) The supreme
premo court today disposed of what la known
as the Omaha canal iaso. lly the terms of
the opinion the act. of the legislature of last
winter , under which It was sought to sub
mit a proposition for the voting of bond ? , lo
declared null and void , The opinion was
written by Commlsrlonor Ryan , concurred In
by Justices Norval and Harrison , Commis
sioner Irvlno not sitting , and Chief Justice
Post dissenting.
At the last session of the legislature there
was pnsjred an act entitled "An act enabling
counties In the stnlo of Nebraska having a
population of not less than 125,000 Inhabit
ants , to Issue bonds t& construct , own and
operate canals In the state of Nebraska for
navigation , water power and other purposes ,
and generating of electric and other power ,
and transmitting of'the ' KOIUO for light , heat ,
power and otner puritoosa , and to acquire
right of way and land for such purposes , and
to provide for the appointment of a board of
tiustees to carry Into effect the purposes of
this act , and to levy taxes to pay the same
and Interest thereon , and to repeal section
2.D32 A , Consolidated Statutes , 1833. " In
Nebraska , Douglas county alone has a popu
lation eufllciont to enable It to comply with
the provisions of the bill. It Is provided In
thin act that the honjls which might bo Is-
oued shall not exceed In amount 10 per cent
of the assessed valuation of the county , and
that the proposition ! to vote such bonds must
first bo submitted to the voters of the county
In compliance with n petition signed by 2,600
legal voters , which petition must be presented
to and acted upon by the county commis
sioners. Such a petition was presented to
the commissioners of Douglas county , and
they refused to call an election , lly man
damus It was sought , In the district court of
Douglas county to compel the board to call
the election. The case was that of David C.
1'atterson against the Hoard of County Com
missioners of Douglas county , and others.
In the district court the Judgment was ad
verse to Patterson , and ho appealed to the
supreme court , which has Just decided In
favor of the county commissioners , thua
sustaining the lower court. The principal
point matlo by the court In Its decision Iff
the Invalidity of the law of 1ED5 , owing to
defective title. Following Is the syllabus :
WHEREIN IT , , WAS WEAK.
State ox rel Patterson against . Douglas
county. Krror fiom Douglas county.
Alarmed. Opinion l > n Commissioner llyan.
Chief Justice Post > .dlEtcitlng ! ; Commissioner
Irvine not sitting. uly um net of tbe legis
lature tbcre was provided to bo appointed
a board of trustees ? which , when organized ,
should In law nnaroqulty be construed as
a body corporate and politic , and which
might. In It9 corpornter name , sue and bo
sued , contract and be contracted with , ac
quire and hold real and personal property
necessary for Its corporate purposes , adopt
and change Kg corporate seal , construct
and operate n cannlf or the purposes of
commerce and supplying- power , heat and
light ; held that tliU.\vaa not a municipal
corporation and that-the attempt to make
It a corporation wjis , nugntory , because In
effect the general corporation law In ex
istence was thereby .sought to be amended
\ylthout Its provisions , being referred to in
any way ( n the amendatory act.
2. In the title of im'jLCt Its scope was de-
lined an-authorizing counties o aiprescrlbed
description , ! among other--powers conferred ,
, to construct , mvji land operate cajiala In
certain defined wnxs , < also to acquireright
of way and land far.euohfpurposes , aod.niso
.tpproYde fOfc.Uiw.apiMtotmenti'pt a board of
trustees to arriv iwji , jiurposss Into .effect.
In the ecu Itself provision was made for
the appointment of in. board , of trustees ,
which , when orsanlzed , should > -ln law and
equity be construed ta .body corporate and
politic , . and \ ntlil \ . " board' the -act pro-
vldcdhthere should be vested-ithe power to
construct and operate such canal , and that ,
for those purposes such board of trustees
mlKht. In Its own name , acquire right-of-
.way and other required land , even by con
demnation proceedings. If necessary ; Held
that the subject- the act was not clearly
expression Irv.Its title , , as required In section
11 , article ill. of the constitution of Ne
braska , and that since this defect rendered
Inoperative Its other'provisions the'f entire
act Is'null and void. .
It > concluding his opinion Commissioner
Ryan says : "The rlght _ of eminent domain
by the provisions of tlio act was delegated
directly tothe board of trustees as such ,
and the title of the property acquired by Its
cxerclso , or In any other way , for the con
struction and operation of a canal , Is to be
held by the board of trustees In Its corporate
capacity. The title 'of this act Is 'An act
enabling counties to issue bonds , to construct ,
own and operate canals , ' etc. , and 'to ac
quire right of way and land for such pur-
pjses , and to pro/Idq for the appointment
of a board of trustees , to carry Into effect
the purposes of this act , and to levy taxes'
to pay the same and.ho . ( Interest thereon , '
etc. Of these enumerated .purposes the power
to Issue bonds and the "power to levy taxes
for the payment of the > principal and Inter
' est thereon are "contained In the body of
'tho act without Questfpn In a certain sense ,
perhaps , the provision In the tltlo for the
appointment of a board of trustees to carry
Into effect the provisions of this act finds
response In the provisions of the bill which
turn over to said boird the whole property
as It Is acquired or constructed. But It Is
believed that no power of construction. Is
adequate to the task "of demonstrating that
the powers of a county to own and operate
canals , and to acquire'and hold land for such
purposes as provided-In the above tltlo , arc
at all met by providing In the bill Itself that
such power shall bo , vested In a 'specially
created district corporation , even though mu.
nlclpal , Independent 'of ' the county as well
as Its ofllccrs and taxpayers. The title of
the bill is Uicrcforo misleading as to a part
of the act , without which Its purpose could
not bo .accomplished , and since this part of
the subject is not clearly expressed In the
title , as required by eoctlon 11. article 111 ,
of tbe constitution of tho. state , no part of
the act can be sustained. Ives against Nor-
rls , 13 Neb. , 202 , State against Ream , 1C
Neb. , 681 , Trumblo against Trumbull , 37
Neb. , 340. The Judgment of the district
court Is affirmed. "
HILL CASE FINALLY ENDED.
The supreme coiirl'Jn ; an exhaustive opin
ion , has overruled. ho wo.tlon for a now
trial of the case of { .ho state of Nebraska
against John K. Hill , And others. Two trials
of the caoo against tS * ex-etato treasurer
have already been held , In the Ilrat the
Jury disagreed , and"ltf the last It found for
the defendants. TIU , fnda all further at
tempts to collect frame ox-Stato Treasurer
Hill or his bondsmen any of the $236,000
lost In the failure < bf'Jtfie Capital National
bsuk In 1893. There l iow left of the ap
propriation for prosecution of this case
about $6,000 , lly tire last Jury It was found ,
In a special verdict , ttiftt Joseph S. Hartley ,
lireieut state trejiwlror ' had filed a cUlin
with Receiver K. 1C Iftlydcn of the Capital
National bank for the'unpaid balance of the
.account , that the Okilni was subsequently
returned to him wltliout an allowance
thereof being madd ; > jfl ( on September 4 ,
1895 , Hartley , by ( | iliattorney , general of
the state , brought wilt jn- the circuit court
of the United States-Tor the district of Nebraska | -
braska against Rccalwri HayUen tu recover
the amount of this balbnce. The defendants.
Hill and his bondsrn'eji.iriovcd ' for Judgment
upon this special' ' Verdl ( . , ID Us opinion the
supreme court Bay * toOny :
To ( 'rant thin molldn would be to justify
the verdict of the. Jury upon grounds rail-
cally different frpm.thobc chosen by the
state , consistently with1 wjilch grounds the
Jury was Instructed , 'As we are of the"1
opinion that , the motion for a now trla'
must be overruled , for the reuron that there
had been BUKgestcd or Discovered In the
jecord no eiror prejudicial to plaintiff , It
results that , upon the general verdict , Judg.
ment must b rendered for the defendant.
It IB therefore deemed advisable to rnalce
no order upon the motion for Judgment on
the dpeclal verdict law hereafter. It might
bo auKUmed that the oumtlonH thereby pro
tented hail been panned : upon by this- court
In advance of an exlitlng necessity for such
action. The motion for u new trial Is over ,
ruled , and It I ordered that Judgment be
rendered In favor of the defendants up )
the neutral verdict.
Following U the Kturral syllabus ;
State of Nt-brucka again ft John K. HI'I
et nl. Original. Motion for u. new trial
overruled. Opinion by Commissioner Ryan.
In an action on , treasurer' * bond the
breaches specially aliened were that there
linil been ix failure to turn over to his sue-
censor a certain sum , which It was aliened
the outgoing treasurer had In a certain bank
hcn lila term of ofllcp expired , lly nn wer
It wa alleged that the o.npolnRtreasurer
hail turned over to his 9ucce ? or evidence
of Indebtedness of the same character as
those which had formed the basis of liabil
ity of the b-xnk to himself to an amount
t-qual to that for which ho was sought to
be hold , lly reply. It was , In effect , ad
mitted that the outgoing treasurer had
tnmed nver to hH pucce ser all ehosps In
notion that ho had received as treasurer , In
like form of evidences of Indebtedness with
those uhlch ho had received , but It was
averred that such payment was Ineffectual
to release the outgoing treasurer , because ,
as insisted by the plaintiff , nothlmr but cnh
could bo treated as payment. Held : That
under this condition of the If.sues , and under
proofs consistent with the theory of each
contending party , It was a n"ton | ° ' fnc5
for the Jury to determine how much actual
money had been received and pild , and thnt
Its verdict , being founded uoon sulllcleiit
evidence must stand. It vine , C. , and llngan ,
C. , concur.
INDIVIDUAL OPINIONS.
Syllabus of opinion by Commissioner Ir
vine !
Whether the doctrine of Cedar County
against Jennl , 14 Neb. , 231 , extends lo n
cnso where a treasurer has accepted cor-
tlllcates of deposit from his predecessor ,
doubted.
2. The deposit by Hill's succcsror , under
the depository law. of the certificates re
ceived by him from HUI , in the same bank
which Issued them , the cancellation of the
cerltncatea and the sta'o's acccpMn ? n c'cillt
on open account for their amount , operates
a novation , made the bunk the tnli s
debtor , and released Hill from liability.
Harrison , J. , Ilynn , C. . and Itngan , C. , con
cur.
Syllabus of opinion by Chief Justice Post :
H Is essential to the crime of embczz'c-
ment that the owner ln > deprived of the
property alleged to have been embezzled by
nn adverse u. o or holding. Chaplin against
I.oc , IS Neb , -HO. All concur.
2. So much of section 121 , Criminal Code ,
1S7.1 , dellnlniT embezzlement of public ftinilH ,
provides that If any olllcer charged with the
collection , ! > nfe keeping or disbursement of.
public funds "shall loan , with or without
Interest , any portion of' the public funds
every such act sha'l bo deemed * *
an embezzlement of so much of said funds
as Fhnll be thua loaned , " was
Intended to prevent thp unlawful use by
olllcers and others , -with their knowledge
and consent , of money committed to their
custody , and not as an amendment of exist
ing1 statutes regulating the means of preserving
serving- and accounting for of public funds.
Harrison , J. . llyan , C. , Hngan , C. , and Ir
vine , C. , concur. , , .
3. The term "loan" Is there employed In
n restricted sense and Includes those trans
actions only in which the conventional re
lation of borrower and lender exist ? , and
has no application to the deposit In bank for
safe keeping of public funds by the custo
dian thereof , who so far retains his control
over them that they may be by him at any
time reclaimed. Itynn , C. , and Uagan , C. .
1. In the absence of statutory restriction
upon the subject , the method employed In
the monetary transactions of the world by
which payments are made , and charges and
credits adjusted through the agency of
checks , drafts and ccrtmcates of deposit , Is
so far applicable to custodians of public
funds In this state as to render them liable
for remittances by that means made and
received , provided puch mstiuments be In
coed faith tendered and accepted' as pay
ment , and not for collection and credit at
Iho debtor's risk. Ryan , C. , llagan , C. , and
Irvine. C. , concur.
5. The word "money" Is a generic form ,
ami may Include1 not on'.y legal tender coin
and currency , but any oilier circulating me
dium , Instruments or tokens In general uo
In the commercial world * the representa
tive of value. State against McFllrldKC , 84
Wls. , 473. llyan. C. , nauan , C. . and Ir
vine , C. , concur.
C. A state treasurer , who , on taking
charge of the ofllce , Inst-ad of demanding
the funds due from his predecessor In cash ,
accepts In payment thereof cert flcate.s of
deposit Issued by a b-ink In which such
funds have been deposited for safe keep-
in u , Is chargeable upon his bond for the
amount of such payment , and his liability
therefor' Is not affected by the fact that he
is unable to realize the money upon such
certificates by reason of the subsequent fail
ure of said bank. Harrison , J. , llyan , C. ,
nngnn , C. , nnd Irvlno , C. . concur.
7. Such a transaction , If In peed faith by
both partie ? , amounts to a settlement within
the meaning of the statute , which will to
the extent of the payment so made , re.lovc
the retiring treasurer , since the state Is not
entitled to concurrent remedies upon the
bonds ; bf iiQcesslVe officers to enforce the
'pome ' liability- and whatever Is In such
case -sufficient In law to charge the Incum
bent , will operate per se to-discharge his
predecessor. llyan. C. . ana nagan , C. , con-
C" '
. Where a line of decisions , although er
roneous , has become a rule of property , t
should bo adhered to until changed by stat
ute. But In the absence of complications re
sulting from property rlphts , It Is the un
doubted privilege , If not. Indeed , the duty , of
courts to re-examine questions and modify
or overrule previous decisions shown to bo
fundamentally wrong. All concur.
9 State against Kelm , 8 Neb. , C3 ; First
National IJanU of South Bend against
Sandy. 11 Neb.,431. and Cedar County
ratlins * .Tnnnl. 14 , Nob. . 251. criticised. HI I
against the state. .SS.Neb. . CDS , distinguished.
Syllabus of opinion by Judge Norval.
Where the petition alleges the delivery of
fhe olllclal b'ond declared on. the allegation
in the answer of n surety , following an aver
ment therein that he signed upon condition
that the principal should ngo : sign that "If
It ( the bond ) was ever delivered. It waa
done In violation of the express condition
aforesaid , upon which defendant signed suld
Instrument , " must.be treated as a substan
tial admission of the delivery of the bond.
" "Whether the sureties In an official bond
are liable where the principal therein named
has failed to sign It before Its acceptance
and approval , quaere ,
3. When n state officer-elect writes his
name In the bodv of a paper prepared by
hlmse'.f as hla official bond , and subscribes
his oath of office endorsed thereon , which
Instrument Is delivered , accepted and ap
proved us his official bond , the same is
valid and binding- upon me principal and
his sureties , even though puch officer Inad
vertently omitted to attach his Una ] sig
nature at the bottom of the bond. All concur -
cur '
4.'Prlor to the taklncr effect of the legis
lative enactment providing for the depositIng -
Ing of state nnd county funds In bank , the
payment of inoney In the hands of a state
or county treasurer , at the termination of
his term of office , to his successor , could bo
effectuated alone by the delivery of that
which-the law of the land recognized as
money. The mere delivery and acceptance
of certificates of deposit Issued by a bank
upon which no money has been realized
Is not euch a payment , as will release the
outgoing olllcers. Cedar county against
Jenul , 14 Neb. , 254 , adhered to.
C. Although * a mate treasurer has no right
to receive in payment of the public revenues
any thing but money , yet If he choosea to
do so , the state may ratify the act , In
which case he nnd bin sureties are charge
able as for money , and must make good the
C. The' legislature has the power to ratify
'the act of an out-going state treasurer In
turning over to his successor , as money ,
certificates of deposit Issued by a bank.
Harrison , J. , concurring. , ,
7. Held that the record discloses mich n
ratification In this case. Harrison , J. , con
curring ,
8. When partial payments have been made
on a running account the debtor hau the
right to direct their application , but If he
fails to do sot the creditor may make the
application , nnd where neither of them
have made any appropriation before suit
Is brought , the law will apply such .pay
ments , according to their priority of time ;
that Is the first Item on the debit side Is
discharged or reduced by the first Item
on the other side of the account.
9. A verdict will not be wt aside for error
In Instruction , when it 19 manifest that no
Qther verdict should have been returned
under the evidence. Western Union Teler
graph company ngalnst Lowrey , 32 Neb , ,
732. followed. All concurring.
Judge Harrison said :
"I concur In the doctrine announced
In the paragraphs , 1 , 2 , 6 and 8
of the Hyllabus to the opinion In
this case , written by Chief Justice Post ,
also In what Is stated In paragraphs 1 , 3 ,
6 , 7 nnd 9 of the syllabua of the opinion
written by Judge Norval : nf which I call
attention to numbcra C and 7 stating : ' 0.
The legislature 1ms the power to ratify
the act of an out-going state treasurer In
turning over to his miccessor , ua money ,
certificates of deposit issued by a bank.
7. Held that the record dlsclosea nuch a
ratification In thin case , "
I also agrco with Commissioner Irvlno In
the statement that "The deposit by Hartley ,
under the depository law , of the certificate
received by him from Hill In the turno
bank , which Issued them , the cancellation
of the certificates and the state's accepting
it credit on open account , operated u no
vation , made Iho bank the utalu'H debtor
arid released Hill from liability , " And also
agree with the conclusion of CommlHoloner
Ityun that under the i sues presented In
the cause there wan sufficient evidence to
sustain the verdict rendered , and It must ,
therefore * , stand.
ComrnlfMBloner Ragan Hold :
"I utree with the conclusion of Commls-
rloner Ityun that the motion for u ne\y
trial must bo overruled and Judgment en
tered for the defendants. I also concur In
the vlewu txpretwed by the chief juntlce
and entirely agree with Commissioner
Irvine , that 'Tliu deposit by Hartley , under
the depository law , of the certificate re
ceived by him from Hill , In the name
hank , which Issued them , the cancellation
of the corllllciites and the state's acceptIng -
Ing a credit on open account for their
amount , operated a novation , made the
bank the state's debtor , and released Hill
from lUUlilty , ' 1 alia concur in points
number 1 , 3 nnd 9 of the syllabus of the
opinion of Norval. J. "
IN OTIIKIl CASKS.
Opinions wrro handed down In several
other CIUVB , the syllabi of which hero fol
low :
State ex rel Hocknell against Roper.
Mandamus. Writ allowed , Opinion by Com
missioner 11 } an. Judge Hatrlson and Com
missioner Ragnn dlss.'titlnK. Under the pto-
vlslons of the act for the leloontlon of
county scats , there being no reuuliemenl
that abortive ballots shall be certified to
the county canvassing board , such ballots
cannot be counted for the purpose of mak
ing up the Rriina total , of which a iiliuo
other than the existing county Kc.it must re
ceive three-fifths , to be entitled to the lu-
lo.-ntlon of the county sent , merely be
cause in the certified return of the county
election board such billets were teferred
to aa "ballots not reported or accounted
for" or as "rejected" or "blank ballots. "
2. Where thcio wore cast upon the ques
tion or relocation of the county seat of
lied Wllllow county , MV7 voles for Indlanoln ,
nnd for .McOook 1,339 votes , and tin- return
of county canvassers showed ballots to
have been rejected or not to hnvi- been
voted or accounted for ; held that Mct'ook
having received more than three-llfths of
the numbers above given , became the
enmity seat of snld county. Slate ex tel
Hocknell ngalnst Roper , 40 Neb. , 721 , o\er-
ruleil.
Union 1'nclllc llnllmnd company against
Clnney. Krror fiom Klmb.ill county.
Alllrm'ed. Opinion by Juiigii Harrison. If
n lilll of exceptions' tins not been
authenticated by the certificate of the clerk
of the trial court , as required by Inxv , mat
ters contained therein will not bo con-
rldered or examined bv this comt.
2. Hrrors must be affirmatively shown by
the retold , If not , It will be presumed that
the proceedings of Iho trial com I were
cbriect.
Pythian Life' Association against Preston ,
l-'rror from Douglas countyAffirmed. .
Opinion by Judtfe llairlson. A life Insur
ance association approved an application
and Issued and forwarded to Its Kcneril
agent n policy , for delivery to the appli
cant. The application and i > ollcy each con
tained a condition , In substance that thr < >
was no binding contract of Insurance until
the written application was received and
.accepted , and the policy Issued by the as
sociation and delivered to the proposed
member In person , during his life tlmo and
good health , nor until the admission fee
and advance premium was paid thereon ,
"that no agent of the association had
authority to make , alter or dlcchalKo con
tracts , waive forfeiture , extend ciedlt or
grant permits , nnd no alteration of the
terms of the contract should be valid , and
no forfeiture thereunder should bo waived
unless alteration or wnlvor should be In
writing nnd signed by the president and
another olllcer of the association. " Uy n
contract appointing this general agent of
the association , which was signed by the
picsldcnt nnd secietnry thereof , bin com
pensation for soliciting and obtaining
parties to become membeiH of the
association and Insured therein , was
fixed at the whole sum of the ad
mission fees nnd advanced premiums , to
be paid by each person Insured : Held , that
the part of the contract in relation to the
compensation of the general agent , gnvo
him the right to collect of each pel son of
whom ho received an application , when
ho delivered the policy , the membership , or
admission fcss and advance piemlums and
keep them. That In collecting he might , nt
his option , demand Immediate payment or
extern ! credit , and that If he extended
credit It was not for the company , but for
himself ; Hint the association iiad sut-
rendcred the right lo any further control
or direction of the collection of the foes
nnd advanced premiums to be paid bv
persons Instiled through this general agent
That the contract with the noneinl agent
was Inconsistent with the right to Insist
on the enforcement of the stipulations In
regard to payment contained In the ap
plication and policy. That a delivery of
the policy to the applicant , made , or caused
to bo made , by such general agent , was
good , and the contract of Insurance bind
ing , notwithstanding ciedlt was extended
for Iho payment of the mcmbcislill > fees
nnd advance premiums.
VALIDITY OF TRANSFERS.
Brown against Westerlleld. Appeal from
Lancaster county. Afllrmod. Opinion by
Judge Norvnl. An allegation In a pleading
thnt the grantor "made and executed" a
deed , Included all acts essential to the
completion of the muniment of title , the
delivery of the Instrument to the grantee ,
as well as the signature of thp grantor.
2. The loss or destruction of a deed , after
dellverj' thereof , does not divest the title
of the grantee.
3. The delivery of a deed Is essential to
render the conveyance operative.
1. Delivery Is purely a question of Intent
to be determined by1 the facts and ' cir
cumstances of each particular cn e.
B. It Is not essential to the validitv of a
deed that It should bo delivered to the
Rrantee personally. It la sufficient. If the
grantor delivers It to n third person , un
conditionally for the use of the grantee , tha
grantor reserving no control over the In
strument.
G. A mother signed and acknowledged a
deed before n-justice of the peace , conveying
to her minor daughter certain real estate ,
and delivered the deed to the Justice for
the use and benefit of the urantee. without
any reservation of control , with the Inten
tion nnd understanding that the Justice
should retain the custody of tint Instrumen'
until the grantor's death , when he was ] c
H'o H for record. The mocner subsequent ! *
told thd daughter that the property bo'onuod
to the latter , nnd that It had been flxq <
so she would have a home. Hold : That thr
delivery to the Justice ivns sufficient to
pass the title to the property to the grantee
at the date of such delivery.
Wood Mowing and Reaping Machine corn-
puny against Gcrhold. ISrror from Plntto
county. Atlirmed. Opinion by Judge Nor
val.
val.A
A bill of exceptions In a cause tried In
the district court must be filed with the
clerk of that court , nnd If the original bill
Is to bo used In the supreme court. It must
be authenticated by the certificate of the
clerk of the trial court.
2. Assignments of a petition In error
which can be reviewed only In connection
with a bill of exceptions will be dlsregardecj
where tie authentic bill 1 contained In the
record.
3. The petition In error presenting no
question of law of fact for review , the Judg
ment Is affirmed.
City of Kearney against Smith. Krror
fiom Buffalo county. Affirmed. Opinion by
Commissioner Irvine.
Assignments of error relating to the giv
ing and refusal of Instructions cannot be
considered unless the record discloses that
exceptions were taken nt the trial.
2.1 Assignments of error not presented by
the briefs or oral argument will be treated
as waived.
Carter White Lead company against
Klnlln. Krror from Douglas county. Af
firmed. Opinion by Commissioner Trvmo.
In order to present for review the failure
of the trial court to Instruct the Jury upon
particular Issues or evidence In u case , the
party complaining must have i equalled In
structions on the omlttea topics.
2. A contract whereby one. In considera
tion of the release of n claim for damages
against him , agrees to employ the cHlrn-
ant , nt cvrtaln wages co : eng ns the works
of the first are kept running , or until the
other shall see fit to quit , Is not void , either
for uncertainty , for wnnt of mutuality , eras
as within the statute of frauds.
3. A contract not to be performed within
ono year , ns meant by the statute of frauds ,
Is one which by Its term * cannot be per
formed within one year , rl contract Is not
within the statute merely because It may , or
piobubly will , not be performed within n
year.
4. One partv to n contract rnav obligate
hlmse'.f for a definite or nn Indcllnlto period ,
not depending on his own acts , and the
other party may nt the same tlmo have the
option of terminating It at hl will. A con
tract upon sufficient consideration Is not
void for that reason.
C. In order to tulnln a contract which has
for Its consideration the release of a claim
for damapcs ugulnst the promisor. It Is not
necessary that the claim should be ono
which on litigation would have proved to
bo valid. _ _ _ _ _ _ _ _
il tint Kr < > iiiont Normal.
FREMONT , March C. ( Special. ) In a
wrlteup of Nebraska schools In a recent
number of an Omaha paper no mention li
made of the Fremont Normal school , which
has now and hag always had on an average
more students and more Instructors than al
most any other two schools mentioned. It
has at present about 3 , ' 5 scholars In attend
ance.
_
Slake a note of It. Twenty-five cents buys
the best liniment out , Salvation Oil ,
MEETS AT YORK IN APRIL
Fourth District Oonvontion Oallctl for tlio
Oth of Next Month ,
LIVELY SESSION OF THi COMMITTEE
KfTiirl Mmlio Tulic tlio Di-li'tintc * to
Mnoiiln 1'liulx KiiuiiKli Opponl-
llon lit lli-iidi-r it of
. Ao A Mill.
LINCOLN , March E. ( Special. ) Tha
Pourth district republican congressional com
mittee met this afternoon In parlor C , Lin
coln note ! , and selected York as tlio pbco
for holding thp convention , nnd April 9 , as
the dito. Chairman S. H. Stcelo presided ,
Secretary Sam Spanoglo nnd the fiMbwIng
conimlttccinon were present : C. S. 'Miller ,
1'jlrniont : H. H. HltiBliaw , Folrbury ; if. U.
Wild. DeWItt : U. K. Johnson , Valparaiso ;
H. H. Campbell for K. L. King , Osccota ;
John Xlmmerer , Sewardj G , Mi Hlgg , proxy
for J. K. Cobboy , lleatrlco ; J. H. Knolow ,
Alexandria ; U. W. Schrcck , for N. V. Harlan ,
York. The commltteo had been called , ns
announced by Chairman Steele , for the purpose -
pose of deciding whether to call ono or Jwo
conventions. The latter proposition did not
meet with very great favor nnJ followfng
considerable debate It was decided to hold
but ono convention to elect two delegates' to
St. I.fluls and to nominate a candidate1 for
cangrcsj. The reprorcntatlon was based , on
the vote for State Treasurer Hartley. This
will give a convention of 201 delegates , 6ti a
basis of one delegate for every 100 votes or
major fraction ( hereof and
, ono dolexatc-at-
largc for each county. The delegates will
bo divided among the dllT rcnt counties as
follows : IJutlcr county , 14 : Flllmoro , IS ;
ago. 30 ; Hamilton , 14 ; Jefferson , 18 ; I'olk ,
0 ; Saline. 22Saimdcrs ; , 1st ; Seward , 17 ;
Tliaycr , 17 ; York , 21. A lively dialogue en
sued over the | , rapos'.ton ! if ICnslow of Thaycr
to hold the convention at Lincoln. This was
opposed by Chairman Steele , who wAs avorPo
to going utitsldo the district , to hold a qon-
vcntlon. He wanted It at IJeatrlco , but a
compromise was effected on York.
LINCOLN LOCAL NOTES.
Tlio supreme court decided today that Judge
Charles L. Hall could sit In the case- brought
to oust Receiver of the Lincoln Savings Bank
J. K. Hill , from his present position. The
hearing was on the application of depositors
of the defunct bank for a writ of prohibition
to prevent tlio judge from sitting In the
caoi. Attorneys J. U. Webster , George A.
Adams and Frederick Shepard appeared for
the relators. Judge Hall was present In his
own hchnlf ,
The supreme ccurt decided today the county
scat contest between McCook and Indlanola ,
Hod Willow county , In favor of McCook.
On one other occasion this caw was before the
court , nnd the decision was In favor of In-
dtatiola. The decision * ls reversed by the
action taken today.
A 22-callbur bullet from an air gun was
this afternoon lodged In the fleshy part of
the leg of Herman Stonoslfcr
, an 11-year-old
bay , this afternoon. The gun way held In the
hands of another youth of about the same ago.
It appears to liave been a deliberate- attempt
to shoot Herman , as David was annoyed
because the former Interrupted .his pastlmo
of shooting birds. The attending physician
pronounced the wound painful , but not seri
ous. The police arc looking for McLiughlln.
In the county court today a nolle pros , \\iia
entered In the case against W. 0. Beach ,
late manager for the option firm of Duncan ,
Ilo'.llnger & GJ. Beach wao accused by them
PC embezzlement of the firm's funds.
Before Judge Cornish a Jury decided , today
In district court that Tom Majors must pay.
A. K. Moeller $120 as a commission for tbo
sale of sonio real estate. Jn the gubernatorial
campaign of IS'Ji the property In question
figured as the short quarter section farm" near
Bradsbaw.
The secretaries of the State Board of
Health hold their regular monthly meeting
at the etate capltol today. The full number
was present , comprising Drs. F. D. Haider-
man , OrdB. ; F. Bailey , Lincoln ; C. F. Stew
art , Auburn , and J. W. Begthnl , Friend.
There were fourteen applicants for certifi
cates , and each was granted one. as follows :
P. S. Burch , Orleans ; J. 1 > . Dullard , Wood
Illver : H. S. Hanson. Monrofi ! J. Cl. Sntfnn.
Stolltt ; W , S. Crosby , Randolph ; W. W. Wer-
tenbcrgcr , Humbolt ; H. M , Wilson , Omaha ;
I' , 13. Plumb , Gothenburg ; J. L. Brownell ,
Ohlowa ; N. H. Dentlcy. Orleans ; J. A. AVII-
llamson , DuBoles ; George H. Gllmore , Mur
ray ; F. P. Dorsey , Hartlngton , and Herbert
J. Sloss , DoWltt. Secretary Halderman said
that wlill < > applications were few Just at
present , they expected quite' rush during
the coming summer.
Omaha people In Lincoln : At the Lin-
doll George S. Cott A. C. Turpln. B. D.
Connor. At the Lincoln J. L. Harvey , A.
P. Brink.
Jli-porlB of ( In : Snow .Slurni.
NORTH LOUP , Neb , , March C. ( Special. )
Though the snowfall of Monday waa much
lighter than that which visited most parts
of the state. It has been falling almost con
tinuously for the past thirty-six hours. The
beginning of the fall was accompanied by a
damp wind from the southeast , and the early
portion was damp enough to freeze to the
ground. Later the wind Increased and- the
snow U now drifting to some extent. This
Is the heaviest snow In this section filnco
November and will bo of great benefit to tbo
crops and spring pat-tiiroi.
WAHOO , Neb. , March 5. ( Spcc'nl. ) Con
siderable snow has fallen here the past three
days.
days.MINDKN.
MINDKN. Neb , , March 5. ( Special. ) H
began raining and snowing hero about 10 a.
m , Tuesday and Kept up pretty well all day.
A great deal of molstura fell.
LINWOOD. Neb , , March C. ( Special. )
Two Inches of enow fell here Tuesday night ,
followed by Hulit snow and rain Wednesday.
Thursday morning a light , gentle rain fell ,
making equal to four Inches of unow. The
ground , where plowing had bsen-ilono , turned
up moist to a ilcipth of night Inches previous1
to the r ocent precipitation , Winter gralp Is
In good condition
onCATUR. Neb. , March B. ( Special. )
About four Inches of snow have fallen hero
slnco Saturday , It Is still snowing.
Kill rl > n ry'n Improvement" .
"
FAUlllURY , Nob. , March C. ( Special. )
The new building of the Hlcctrlc Light nnd
Water company In completed and the englnu
and boilers In place. The building Is cf brick
with Iron roof and comprises dynamo room
30x53 fcc-t In slzo , a boiler room 42x50 and
pump room 24x28. The steum Is furnished
by a battery of four boilers of 400 horsa
power and the onglnc running the dynamos
Is of 100 horse power. The dynamos , two are
and cue Incardescont , will lie transferred
from their old location to the new works
In a few days , nnri then Falrbury will have
the best system of water works and lighting
plant of any city of Its size In the Mt.
Headache Is the direct result of Indigestion
and stomach disorders. Remedy those by
using Do Wltt'a Llttlo Early Illwra , and
jour head.ache disappears. The favorite UN
Do pills everywhere ,
There's
Money In It
washing with Pearline. There's
ease and comfort in it , too , and
safety. There's wear saved on
every thing washed ; there's
work saved in every thing you
do. There's no time wasted ,
and little time spent. There's
nothing like Pearline. There's no harm if you use it , there's
no reason in doing without it.
IVJdlcn nnd tome untcrujuious gtocrrs will trll you ,
Beware "till * is B4 good as" or "the tame a J'carllne. " ITS
_ FALSE 1'eatline is never peddled. K your Rrocers send
yea an Imitation , be lTonc t- /i it Ixtfk. JAWS I'VLB , K w Ywk.
