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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (March 6, 1897)
THE CXMjVITA DAILY HEID ; SATriTKDAT , atAROII G , 180 ? . CODA'S CAPITAL IN WAR TIME Pictorotquo Features of Lifo k Havana Sketched by n Traveler , WONDERS OF CLIMATE AND COUNTRY ClinrnaJcrlntlcH of the Nntlvcit nua < hc IltilliiK Clntmcfl 1'nvcrtj-f UlRh 1'rlcoM unit Crinvdcil Ilonjillulu tlic Chief SlKii * of Wur. A llttto before dusk wo waved adieu to our refugee Cuban trlonds from the deck a I'lant steamer bound for Havana : Night falls quickly In these latitudes , nnd eoon the somnolent little city of Key Wc t the most southern town o the United States , tbo homo of thousands or Cubans , who talk excited patriotism If they do not act It molted Into the purpla gloaming. Hy the eld ot Its searchlight the steamer picked Us way through the shallow channel between Iteye nm ! coral reefs , and In a llttlo while was on a. broad expanse of clear , deep water. The night was ono of such matchless splcn- ior that It Is difficult to speak of It calmly. The suit was a * quiet na a lazy river ; the ntr warm , soft caressing. Later the huge noullu-rn moon rnso nnd the very blackness BscmtKl to turn blue. V > 'o felt the wonJrous witchery of that tropic world -whose verge wo were Hearing. U wna very late whsn we letlred , but \\o were up early cnouRh to witness the marvelous conflagration of a tropic sunrlio at sea. No fear of exaggerated laiimtago now. lay cornea with api.a ling suddenness. There Is no morning twilight. A vast rose blush , then flaming1 violences ol which fade In a vermilion yallow. orange , , Great flood ot light * s tlio blinding , tropic sun Hfta Itself Into a Kky blue as turnuoho < Over our howa. out of a sapphire sea , roe ot the An the Indigo outline of the Queen tilles. No vessels arc allowed to enter tlio 1-arbor of Havana until sunrUc. Only SpanIsh - Ish shipping may at any tlmo tla to the ca umler the guns ot IT-nt docks.Vo pas rrlm. Ill-formed pile , Moro castle and these Sr I'imta battery , and lay nt anchor In ono ot the MOST BEAUTIFUL , HARBORS IN THE WORLD. of the city Itself froii The % tew one gets the decks of vessels entering or leaving Us . It Is picturesque. Incomparably U port , the oldest part ot the town , that lies clustered ' . You lookout tered around the harbor's edges. the flat , rotl-tlled roofs and the severe out on Cos o old Spanish architecture , on bcavj "qi ro turrets , on facades with graceful Mom Ish curves , all yellow-walled andgllm- . Here and there morlnr under a brilliant sky. drowsy palms lift their heads , llchlnd you across the harbor , frowns the old fortress from Us heights. There was a very thor ough oinclal Inspection before we wcie allowed - . , lowed to RO ashore. How quaint and forT - - T clgn everything seemed. Many of the low. crumbling , yellow stuccoed , thlck-wnlled buildings , have been burned by two cea- turUa of fierce tropic sun. hvcrythlng KMniB ot another ago nnd another clvlllza.- 1lon Cevantcs would feel at home walking these streets. The mellow-toned walls of tue structures about you are cracked and wrinkled. Many of the facades of buildings are adorned with Iron galleries or balconies or fanciful antique design. The streets are nanow ; In some of the oldest , the sidewalks are HwJrcely twelve Inches wide ; people cannot - . not pars on them. The paving stones are , A largo , uneven and worn , and the narrowness ' of the streets leading from the harbor to the newer part ot the city make It the custom lor carriages to use ceitalu of them going In one direction and parallel streets when re turning. You drive north on O'llcllly street and south on Oblsno otreet , both leading re- tall streets. The two leading hotels , the Fas.ajo and the Ingloterra , are situated on o broad and beautiful street on the edge of the newer part ot the town. Doth are rea sonably good and fairly clean. The Ingle- terra sesms to bo the favorite ot the Amer ican newspaper correspondents. It Is the abiding place of many ot them , nnd If you chance to have the good fortune to know one or two of them well , you may learn some thing a llttlo reliable about the war. Every body knows how false thu news given out through oinclal c-ources Is. In fact , minor olHclals know nothing about the real state of things , but In spite of the strict espionage the little knot of newspaper men from the United States , which assembles at the Ingloterra , gathers occasional HITS OF REAL INFORMATION. Probably with the exception ot a half- dozen men highest In power their Judgment is the best to bo had In the Island. I only venture to say that while as a rule they do not take BO rosy a view of the early success of the Insurgent cause ns one could wish , they are on the other hand united In think ing that Wcylcr will accomplish nothing this season. The end , they say , Is far off nnd only misery Is the Immediate lot of poor Cuba. Moro than one correspondent has crossed the famous trocha without permis sion , and all seem to entertain a contempt for It nnd nn undisguised sympathy with the Insurgents. We put up at the Pasnjo ami wore enter tained In ft manner that admitted of no com plaint. Our largo , stone-paved room on the second floor looked out on nn arcaded court , nnd wns cool , quiet nnd comfortable. There wna nn absence of many of the things ono is accustomed to ( Ind In a hotel of equal reputation In America , but their lack was moro than made up for bv iiuch that IB unique and exotic. If one u careful of Ma talk nnd associations , he may upend a de- . Itghttnl week In Havana oven In war tlmo. % In plain English , If ho minds his own busl- noss1 , nobody will molest him. Ilo gets fre quent sight of men In unllorm , undersized soldiers In poor canvas aults , and gorgeously arrajed officers , but war , or rumors of war will not In the least disturb him. Havana Is very Individual. The "globa trotter" may llnd now things hero. Weat Indian Creoles of condition usually breakfast nt about 11. dine at about D. A heart ) meal on rising la not possible habitually In the tropics. Ono la content with a cup of coffca Immediately on leaving bed , and If after your coffee , you W.fio for a Itttlo stroll about the quaint streets s % you may enjoy pleasant experiences. If early , you Inny occasionally hear a military band In the Plaza del Isabella. Flower girl * with baskets which perfume the air , offer you maunltlcent ROSKS IN MID WINTIJR for a pittance ; drivers of the numlierlera ono. , . . horse victorias solicit patronage and you find you may bo driven anywhere , In a comfortable - fortablo conveyance , at the rate ot 40 cents an hour ; venders of various tickets escort you. Tim language of the street la the Boft-rolllng Spanlali , ao full of mellow o's epokcn by low rich voices ot the south. You are mliiKlIng with n population motley In typo and moat varied In dress. Very few women nro met. Ncgrooa , In some quar ters , outnumber the whiten nnd are of every nhailo and caste. Some complexions a deep negative black , occasional ones a beautiful golden chocolate that tctma almost lucent and la certainly handsome. On the business streets there Is n most cosmopolitan throng. The pure Spaniards , tall , thing-featured austere ; the tlark Habanero , olten of line appearance ; the wretched montero , with wicked eyes and servile air ; a uprlnkllng of Kuropcans and Anicrl.'ana. Everything about these old streets wears that peculiar charm that belongs to whatever In unique and foreign , The quaint architecture , the motley throng , the picturesque dress , the bright llttlo shops with tholr demonstrative anil courteous attendants , the Inner dis position to bo pleasantly surprised which ono Bomrhow always has In a foreign land1 , will make your morning walk a delight. And If your ramble , nluays BO enchanting as to bo prolonged , suddenly brings to you n relloh for brcakfaut and If you are curloua to know how the native Cuban cats , you may always find , near at hand , a cafe. You will find It utillUo your American cafe , and you may bo guided to It by the scent of garlic In the air. It will prove to bo a sort v of public club , gossiping center , restaurant , Jr gambling house and drinking saloon com- X blued. Here. It you know a llttlo Spanish , you may catch some talk of the war and you will notice that the Insurgents will always bo called negroes or banditti or some opprobrious name. So only Is U safe to talk , no matter where one's sympathies are. "Wonderful dUhcs and moro wonderful , drlukrf , with strange Spanish names , may be had , but you will care to only taste moat of them , GAULIO IS THE GENERAL FLAVOR . And oil the Invariable accompant- Jk. tnont , Everything ia hot with pep. per. The aguoa are thick enough ( o btto ; the coffee black ft * night. Meat U so.irca and high olnce the war and fresh mfat novcr good. Indeed , In a country whers It l\ sold hy the yard and always boiled , you expect nothing else. Dut there Is always good fresh fob and rlco and sweei potatoes , and tinned goods and fruit , ani you need not leave the eafo hungry. It you would breakfast a la Habanero , light a cig arette , puff vigorously between each mouth fill and conramo from two to elx. An amusing pastime may be found In shopping. The stores do not bear the own er's name above their doors , but are grandly named In general terms , as for In stance , "El Victor , " "El Grande ; " and llttlo signs sometimes assure you tnat "En- glahe Is spoke here , " but they generally are a * untruthful ns they arc ungrammall- cal. The absence of English , however , only adds to the sport of trading. In common with all Latin races tue Cubans * are real arttsta In the field of gesture. Nothing Is so subtle that he cannot convey Its meanIng - Ing to you hy facial and bodily expression. Gesture Is a language , literally , In his hands. A lady Informs mo that an animated Cuban clerk gave her so perfect an Idea of a hat , trimming and all , by rapid , marvelous fin ger motions that when she came to sec It It tallied exactly with her expectations. On your slda you have only to acquire two Spanish words "quanta vala" and you may trade anywhere. Some things are sur prisingly cheap even now. Many thing * arc very dear. In spite of Tvar and destroyed tobacro cropa flno cigars may bo had yet at prices that would shame the steward of your club- Cuban paper money Is to depreciated that the amount you get from the monpy changer for your American five dollar bill makes you feel Indeed rich. Particularly r.otablo things to tec are the bull ring ( there were no fights whllo we wore In the city ) , the magnificent tropical gardens ( much neglected now ) , the governor general's pal- eco ( carefully guarded thrso days you can not go In ) , thn mole ( rich In historical sug gestions ) , the Taron theater nnd the old cathedral. The bones ot the great discoverer arc said to He under the floor of thl last venerable pile. Seville. Spain , also claims them , I bellevo. Let us hopn Cuba's claim Is lust , for the sake ot the stanza : Havana , thy cathedral keeps The centuries' watch above Its nne Whore , through thy long oppression , sleeps The great Columbus In hw jrrnve. A tyrant flni ; remains unfurled. O'er him who gave the free a world. A BEAUTIFUL VIEW. From heights went ot the Cabanaa , you may obtain a most beautiful view. The magnificent silver-dimpled haibot * lien be tween you and Iho quaint , somnolent parti colored city. To the south , rolling hills bearing groves of graceful palms , sweep away Into the blu9 distance ; away to the north , the limitless IndlRo sea. Above you archce a sky blue as old china. Standing there looking across the fairest of lands where Is summer eternal to the brightest of seas , under the kindest of Bkles , a tear for poor Cuba's misery Is not difficult. O If one choose to enjoy an Inexpensive ride , ho { Should take ono of the single horse vic torias , which ho will find awaiting patronage at the door of his hotel. When wlntery winds are sweeping through the streets of his northern homo nnd the crlpp air tingles with the music of Bleigh-bello , he may be driven through shimmering otreets , full of lazily moving people , slightly clad In summer raiment. It Is apparently Juno. Let him turn down the Prado , a wide and really handsome boulevard , where there Is a promo- node under double rows of shade trees , with a driveway on either side. You pass groups : of Idle people ; laziness Is always reputable In the troplw. Many ot these Cubans are handsome fellows , with regular features , fine dark eyesand blaek beaids , claioly trimmed to a point. Mcst of them who are well-to- do , seem fond of fashionable dress. You pass heavy loads drawn by diminutive horses or. In the suburbs , by oxen , which are not yoked with woodou collars , but by lashing a wooden bar to the head , at the base ol the horns. The town houses are never above two stories high , most of them are stlccoed and painted and built around an open court For coolness , windows are cut to the floors and , not Infrequently , are without glass and are guarded by wire bare , like a prison and heavy wooden shutters. Very few women arc seen on the streets and very seldom arc" they walking. In the outskirts of the city , however , you may meet finely-formed , lithe , half-breed girls , walking with the air of queens , the grace ot Diana , nnd carrying burdens of every sort on their heads. The bright kerchiefs they wear of red or canary yellow , eet off to advantage their light uhocolato skins. SOME ARE REALLY HANDSOME. All nro picturesque and would make tempting studies for artists. By turning Into the sea road , after a short ride , you may get a glimpse of the country. There are no pleasant fields. The topography In the direction where the drive leads you to the aristocratic suburbs of Vadado Is com- inouplaco.i Uut you have the endless de light of the vast blue dream of tropic sea , and the low hills are dotted 'with graceful feminine palms. You will bo shaken over a rough way full of ruts and stones , but you will see uncommon sights : Pack mules laden to the last limit , huge , rickety carts on two great wheels , savage-looking beg- gais , and perlnps a milk tender returning with his herd of four or five mournful-look ing cows. It Is'tho custom here for the milk peddler to drive his cattle Into town and milk before the door of his customer. Vadado , which you reach after an hour's drive with a very lazy horse , Is really a charming village overlooking the turquoise sea , where bi rakers seem always tirelessly tossing their whiteheads. . It must be cool oven In summer. Hero many of the rich have their homes. There are stone and marble houses of architectural preten- tlon. standing dreamily In gardens of furiously blossoming tropical plants , Wo saw the Interior ot ono of these luxurious honie.3 , the residence of a wealthy tobacco planter and cigar manufacturer. Frescoed ceilings , marble floors and a court with fountains and statuary suggested dreams of old Pompeii. You may pass through one ot the poorest quarters of iho city In returning to your hotel if you like , and so have n glimpse of the other jxtromo of Havana life. You will care for only a glimpse. The filthy , narrow streets are rough and Ill-smelling. Decaying heaps of rnfuse Ho In thu ditches. Families live In single rooms of old , half-wrecked tenements. Dlacko and whites seem mingled without dls. tlnctlon. All the population aio semi-nude nud many children entirely without clothing. Dut If your aesthetic sense Is not altogether deadened by every evidence of want , you may often observe examples of unconscious grace In dark-eyed young girls and see wonderful unstudied harmonics of grouping. An artist In search of a type ot sensuous beauty might , I believe , find his model among the young girls In the "slums" of Havana. EVENING SCENES. In the evening you may rest yourself In the plaza and unjoy a flno cigar that cost you 3 cents. Havana has some ot Its old spar It lo left for the evenings , even of these 111 days. Its people are frivolous and pleasure-loving' , and It la naturally a gay city. By some un written law the poorer classes keep to the outer circle of the plaza. Groups of the well- to-do are fond of sauntering there at night. You may possibly have a furtive glance of what you have heard BO much about and seen BO llttlo ot the beautiful eenorlta of the high class. She Is never scon walking the streets. If she shops she rides In her car riage , accompanied [ > y her duenna. She sel dom enters the stores ; the wares nro brought to her carriage and there she trades. She Is a woman , often a wife , at 14 , and the days of her dark , "bewitching beauty nro few. She Is apt to grow stout , a llttlo coarse ; to lose her exquisite , sculptural , symmetry of figure at 23. She Is rigorously chaperoned In girlhood and young womanhood. With marriage comes so mo social liberty , It Is slid sha makes the Lost of wives , Judged by European stand ards ; Is faithful and affectionate , deferring always , as a matter without question , to her husband. An American consul told ma that marriages between Americans and Cuban women seemed generally happy , but ho added that ho had had anuch olllclal cxpe- eneo bf conjugal Infelicities In families ivhero Cubans had married American women. Thu average- Cuban ) is not an Ideal husband. Judged by American standards. U ls only fair for a tourist to estimate * a country's beauty by the best examples ho sees , bc- caueo ho Is not likely to possets advantages which allow him to see the best there It So estimating Cuban beauty , I should cay that the highest types of It must be almost matchles : ! as models of glorious , dark , femi nine witchery , with their sweet oval facet , their welt-rounded figures , their wealth of billowy , blue black hair and those large , lan guishing eyes , dark as night , soft as vel vet , which can gleam brilliantly under strops 3t emotion. If Cuban women are not always by Intellectual accomplish ments , It U but fair to suppose the lack I largely climatic. Protracted menial eltor Is impossible. In the tropics even to tralne- mlnds. Americans -who have lived long In Cuba d not glva the average Cuban gentleman Hi highest of characters. He U apt , the eay , to be vain and selfish , Idle and a gam bier , unfaithful In marriage relations an- not of the strictest Integrity In any eocla relations. His pleasures are rarely Intel lectual and sometimes unspeakable. There are , of course , multitudes of examples ot thi exemplary gentleman among them , as al foreigners hasten to testify. As the translen visitor meets the men ot Havana , who ar Cuban born , receives a flattering Imprcs slon. Ho finds them courteous and hos pltablo. Superficially , at least , they ar agreeable gentlemen. But the generality of town-bred Cubans are confessedly no Bolt-Bacrificlng patriots. In thli , too , lotty exceptions are to bo found. Dut , as a rule his service- the cause consists In talking when ! ho may with safety , of "Cuba Libre , ' with eloquent gestures and a fluent flow o words. It Is his brothers of the country am the mountains who furnish the sinews o war. ' AND WHAT OF THE \VAR7 Well , I.&varia Is , of all places In thn world the poorest place to gather Impartial In formation , Though there Is great and In creasing business depression there , thougl Cubans ot quality are living In an atmosphere phero of suspicion and dread , though unl formed men are constantly seen , and the ho&pltals are full ot sick nnd wounded sol dlcrs , still no evidence of war and Its ter rors are obtruded on the tourist. Unless ho sought the atmosphere of rumor , ho mlgh not know what a cruel war was raging Such ofllcial Information as Is given out Is ntnays favorable to Spain. Uut ono unac quainted with the Spanish tongue may spcm a week In the dreamy , fascinating old city of Havana , It ho wish , roaming Its plctur- esquo streets , studying Its quaint architec ture and strange customs , without a though of armies and battles. Cause enough for In surrectlon always existed In every Spanish province , but one thing Is not easy to under stand the hatred that seems always to exist between the Spanish born and the na tlvo born Cubans , even where Cubans are or pretend to be Inimical to the revolt. The Spaniard , haughty , cruel , avaricious , con siders It a stigma to have been born It Cuba. He Is In most cases cither an ofilcla who means to make what fortune ho can b > what means ho must , or an adventurer who posscbses all the traits of his sixteenth cen tury antecedents. In either raso , he regards the Cuban as his legitimate victim. Spain has always governed this Island as sbo gov erned her South American provinces , with out E. thought of anything but profit am spoils. The standard of political morality has been resultlngly low. Official pecula tlon has always been undisguised. It Is charged that the horns treasury never re ceived moro than halt ol the enormous reve nue wrung from poor Cuhsu It Is no wonder that the native Cuban , without rights or justice , robbed by Indiscriminate- taxation has so often surrendered ambition and be come unplacable , deceitful , cunning. Spain has dona nothing to better the condition o : the Island beyond what she has had to do She has been as faithless to promises as she has been cruel. Every measure that wouh yield roveMie was resorted to without thought of the future. The Island's magnifi cent forciu of valuable woods was ruthless ! } cut down , ruinous pilvllcges sold to favored poisons , foreign trade except with Spain prac tically forbidden , every obstacle put In the way ot ad atce. ; Though Cuba at ono time furnished over half of the revenue of the Spanish crown. It was left without schools for Us children or any creditable public In stitutions. The lot of the poorer Havanero Is sad enough ; that of the illiterate country man 11 inontoro wholly deplorable. Ho dwells In a mud hut , plows with a forked tree or a wooden beam , and lives as primi tively as the peasantry of the middle ages lived. A venturesome man may today Bee In Interior Cuba such sights ns the Cld beheld among the serfs of Spain , when lie rode forth from Valencia to give battle to the Moor. A SQUEEZED LEMON. Dut Spain's tyranny ceased to bp profita ble long ago. She squeezed the Island dry In the decades gone. Sugar Is no longer king. The abolition of negro slavery and the competition of beet sugar look a substan tial monopoly from the West Incites. The necessity of large military forcea in Cuba , even before the molt , and the stupendous official peculations have left llttlo revenue for Spain since the rebellion put down in 1SC8. That revolt cost Spain $000.000,000 and ICO- 000 men and of these last less than 0,000 were killed by Insurgent bullets , so poorly cared for were the royal troops and so severe - vero to theiinaccllmated are military maneu vers under a tropic sun. It Is said that SO per cent of the Spanish troops In Cuba die during their service of ten years. Castellar has called the island "The cemstery of Spain. " That Weylerwill accomplish any thing decisive before the rainy season sots In Is very doubtful. The majority of news paper men In Havana think ho will rot. But neither Is there likely to be any de- clslvo victory for the Insurgents , li'or poor , agonized Cuba only Increasing misery can be foretold. She has thousands of acres ot soil richer than the richest soil of America and a sulullrlous climate of endless sum mer ; she Is directly In the ocean path of two continents ; she grows the finest sugar and the finest tobacco In the world ; every tropical product luxuriates In her valleys , and many temperate products thrive on her upland slopes. And Spanish rule has all but desolated her. What a smiling para Use she might be under a Just and peaceable rule , It Is pleasant to fancy. An American gentleman , long resident there , has assorted to me his belief that If Cuba , over ? now , were annexed to the United States In a quarter century she would bo ono of the wealthiest states ot the union. Though that happy event Is not likely to occur eoon , If over , our hearts cannot but go out In all sym pathy to a brave people , who , poorly equipped and against tremendous odda , ara fighting with sumo succecu against Spain's merclleea tyranny. LYNN TEW SPRAGUE. SUIMIUMK COIJIIT SYIIAIII. State ex rel Woodruff-Dunlap against Bartlcy. Mandamus. Writ denied" . Opin ion by Commissioner Irvine. A writ oC mandamus will only bo allowed when the relnlor clearly establishes his right. Nothing essential to that right will bo taken by latundmcnt. The statute providing that no bid for Btnte printing Hhall be considered unless accompanied by u bond conditioned to give bond for the performance of the contract sbould It bo awarded , a bidder , though otherwise entitled to the continct , cannot have the aid of a writ of mandamus to compel the awarding- the contract to tilin when ho does not show that his bid wn accompanied by tbo bond HO required. Smith ngalnat Long. Appeal from Cuiii- Ingcounty. . Reversed. Opinion by Chief JuHtlco Post , The fraudulent release of a mortgage by the mortgagee after the Indorsement with out recourse of the bond nnd coupon * , thereby secured. In favor ot a third party ImvliiK notlrn of the lights of the holder , does not of Itself render the 'former liable In an action ex contractu for the amount ot such debt. Oborno against Burke. Error from Doug las county. Alllrmcd. Opinion by Chief Juntlce Post. A ratification by a principal of the unau- Searles & Searlea SPECIALISTS IM Nervous , Chronio and Private Disease WEflFfiJEfJ All 1'rlvato lI a 3a * HidUUorder * of Men Trojitmuut-br wall co = iultutlou frtfu' SYPHILIS Cared tor III * and th polton thoroughly tltanstd from the lyttem. PILR3 , FISTULA an RBCTAI , ULCERS. IIYDHOCKLG9 AND VAHtCOCKLH p rm nently and cured. Utthod n w and unfailing. STRICTURE AND GLEET By nur method without pain or cutting. Call on or addrt with tump. Dt Seailes & Searlei Ladles Who Value A refined complexion must uao Poztoni'a Pow- ger. It produces a soft and beautiful akin. thorlzcil net of his Mrfjrit mny bo Inferred from the conduct ot the former Inc malatenl with nny Intention .other than n purpose to mlopt such net ns h'si'own. ' 2. Held , from nn cxnmlnntlon of the evl < tlcnco (1) . That the- contract , ue < l or pledging ( lefendnnt'a credit. Is within th scope of the nutKorfty of their npcnt by whom It wns executed ! (2) ) Brnntlnff such contract to have bfrflJi'inntithorlzcd nnd void when executed , the Jury wnvnr - rnntcd In finding thaflt hns been subse quently ratified by the defendants. ailmoro URnlnst WhJttmnn. 13rror from Dawson county. Reversed. Opinion bj Chief Justice Post , j Where to nn nctlcm tipon the first of n scries ot notes frlven\ for the same consid eration , the defendant. allCRCa fraud nnd breach of warranty for the purpose ol avoiding the contract In question , 'u verdict nnd Judgment for the- plaintiff may be pleaded ns n bar to the same defense when Interposed to an notion upon a second note of the same series. llobcrts ngnlnst Samson. Appeal from CumlnK county. Alllrmcd. Opinion by Chief Justice Tost. An objection In the nature of a general demurrer will not Ho to n pleading sulll- clcnt In substance , but wanting In form or completeness. 2. It Is not n sufllctcnt.objection to n pleading when nssallcd by a general de murrer that It lacks dcflnlte-nes1 * of expres sion , or that the facts nro therein stated Is nn nrgumc.nlntlvo form ; but It will be held to charge what can by reasonable : nnd fair Intendmcnt bo Implied from the state ments thereof , 3. Answer oxnmlnod nnd held to charge n satisfaction ot the mortgage debt which , not being put In Issue by the reply , must bo taken us true. Council niulYs Savings Hank ngnlnst Grlswold. 13rror from Douglas county. UeversBd. Opinion by Chief Justice Tost. It la In case of Joint obligations only , that all persons llabln thereon must bo joined ns parties defendant. An action may be prosecuted to Judgment against any ono or moro of several persons Jointly nnd sev erally bound xvlthout Joining others liable for the same Indebtedness. 2. A plea of another suit pending Is not sustained by proof of an order dismissing without prejudice a former suit on the pniro cause of notion , nnd the flUns by the plaintiff of a motion for a new trial upon which , so far ns the record discloses , no action has been taken by the trial court. 3. The laws of sister states will , na a rule , In the nbstiice"or proof , be presumed to be the snmo as our own. There nro , however , to that rule lecognlzcd exceptions , among which Is Unit courts ot general jurisdiction of other states will , unless there Is proof to the contrary , bo presumed to possess the authority they assume to exercise and that the methods ot procedure pursued by them , although dirfeifiiR from the established practice of this state , are authorized by the laws of the state In which they net. 4. Whcro to nn action upon a Joint and several obligation all parties liable thereon are mndo defendants , the fact that the Judgment therein rendered Is void ns to ono of such defendants , the voluntary up- pcaranco In his name being unauthorized , does not render said Judgment void as to all. . 5. 'V Judgment defendant cannot a-s a matter of right unaftetjted by equitable considerations Insist upon the preservation of the judgment Hen upon particular property - orty of his co-defendants , nor will the rc- leabe by the plaintiff of specific property of one of several judgment defendants from the Hen of the Judgment , of Itself , operate to discharge the other defendants from liability therefor. McKlnlev-L.innlng Loan and Trust com pany against Aldrlch et al. Appeal from Frontier county , llcversed and remanded. Opinion by Judge Harrison. To constitute a plea of usury , facts must b > slated which disclose a contract be- lw'un ! thu parties thereto , by which there Is received or reservcm n rate of Interest In oxresa of the maximum allowed by law Itnhipson n gainst Kilpatrlck. Error from I'ulfalo county. Reversed and remandtd. Or'nlon ' by Judge Harrison. A chattel mortgage creates a Hen on the property described therein , but docs not pass the legal title thereto. 2. A party will be allowed to amend his petition in error to cover a point which , so far as the record discloses , was presented in the trial court. 1 3. The Introduction In evidence of a chat tel mortgage in which Is described prop erty the subject of an allegation of gen eral ownership nnd right of possession In the plaintiff In nn nffldaylt and petition In in replevin notion is yqt proof of such alle gation , i , Hopewell against 'McGrcw. Error from Hurt county. Reverted ' and remanded. Opinion by Judge Hnrrlson. That the party answers over after his general demurrer to a petition Is over ruled Is not a. , walvqr of the defect that the petition fallsto stale a cause of action. Cox against Peorla - com pany , 42 Neb. . GCO. * 2. The liability ot a surety is measured by and will not be extended beyond the strict terms of his contract. 3. Tlio obligation of a surety In an under taking In attachment la to pay the obligees thereof the damages sustained hy reason of the attachment , "if the order be wrong fully obtained. " 4. The petition disclosed that the action tvas brought by the assignee of a party a stranger to these described In the attach ment bond and was on for damages which lie claimed to have sustained by reason of the seizure under the writ of attachment of property of which he wan In possession ns such assignee. Hold ; Not to state a cause of action on thu bond. City of Omaha against Richards. Erroi from Douglas county. Affirmed. Opinion by Judge Norval. The former decision in this case (49 ( Neb. , 244. GS N. "W. Rop. . D2S ) adhered to. Thompson against Missouri Pacific Rail road Company. Error from Cass county Motion for rehearing denied. Opinion b ) Judge Norval. A motion to quash a bill of exception ? which has been duly allowed by the trial judge and properly authenticated , made moro than a yeur after the filing of tht same nnd the transcript In this court nnd after the service of briefs on the merits , comes too late. Cnlghton against Keith. Appeal fron > Lancaster county. Reversed nnd dis missed. Opinion by Judge Norval. Willie a supersedeas bond Is not essen tial to obtain a review of a decree In ar equity cause , such bond is IndlHponsable to a stay of the enforcement of such de cree pending the review. 2. A judgment or deqree In full force Ir binding upon the parties thereto and theli privies , as to the Issues adjudicated. Western White Hronzo Company ngalns' Portrey. Error from Richardson county. Reversed and remanded. Opln n by Judgp Norval. A collecting agent cannot extinguish o How Are Yotir Kidneys ? Ever Have Your Back Ache ? Dr. Hobbs Sparagus Kidney Pills malio Healthy Itldneya and tbo Back strong * nenltur Utdnoyi purify the blood by fllltrlno from It urfo " < * ' ' m I all other poleona or Inipuritleg. 1'ure blood rofand perfect lioalth. By purifying th * Wood JULIUS HoBoa. MD. . Dr. Honbs fiparncruB Kidney PllUcuro niiBuranllim.KeuralBia.oo'Jt.Ilriiiht'jIJl- emu , Dlnuete * ! Uropir , Eommu , AniemU , 1'nlni In Ab domen , llackache , lUilnar U'enkncH * . and nil Jntlnrn. motion ot the Kianeja. Miy lclnn9 and druggists re commend lh m. Wo. a IHIJ. Teatlmonlnlii from inon- lanili. 111)11113 iiorur i p. . iilinm ) i.suSS tIUM MU. HOW JS 1'OPJJ "XJVf.is 'fJDn. Horns LrrrLB ' ' LIVKR PII.L.I act promptly , hat don't erlpe. nOBBS REMEDY CO.TnoriuETcms , Cuiciaa Dr. Hobbs Piljs , For Sale By KUHN 4. CO. , 'PHARMACISTS. Cor. isth and Llouglag Sis. , Omaha. Ntb. FOR J5AL Cheap for Cash. A tract of 1,900 ncrei of the finest land In Ne- iraElca , adjoining tlio town of Havelock , on the D. & II , and Koclt Tsluiuts roods , and within five miles of the iiostotllcoi In , Lincoln. Will be eold b } ' U. 0. SIHrElml ut the door of he Court Houra at Lincoln March 23. 1897 , at U o'clock a. m. , In parcels ranging from 20 to ICO acres each , < TliU land wai entered by present owner thirty yearn ago and was one of the carlU > at selections ot land In Lancaster county , and U as choice a body of land as can ba found In the ttate. An unusual opportunity to eet a small farm or a arge one ot a .taw price. Tltlo perfect. DR. McCREW II Till ONLY SPECIALIST WHO TKIATt AU. PfilYATE DISEASES Weakness & Disorder ot MEN ONLY 0 Yc rs Eipcnenca. 9 Ycus lo Omah * . ( look Free. Couiultaiioa and Ljummation lict. 14th and Farnam Sts- OMAHA debt duo hi * principal by Bettlnfr oft ntmlnsl H his own debt. Unless nutliorlzccl to do s by hla principal , McUcnnlck agalns/ Keith. 8 NeA. . . H/ . 2. There can bo novation of n debt In th ftbscnco ot nn unqualified discharge of th orlKlnnl debtor by the creditor , South Orrwrux nfralust Powell. Krro from Douglas county. Affirmed. Oplnlo by Judge Norvnl , An exception to nil of the Instructions bi unavailing If any ono of their ) Is correct. 2. Where several dlatlnut requests t charge nro denied , un exception to the re fusal of all of them la Instilllclent unless I nppoara that each should havfl been Riven 3. An assignment In a motion for a new trial that n group of. Instructions is cr roncout la bad If nny one of them properly Riven. 4. A refti'ml of nn Instruction already substantially given Is not error. fi. A , city Is required to exercise a reason able care nnd diligence In keeping Its streets In .1 snfo condition for travel , even though the street may not bo ono fro qucntly used by the public. G. Kvldcnco examined nnd held that thn Judgment Is not excessive. Stuart against lUirclmm , Appeal from l ancnstor county. Afllrmcd. Opinion by Commissioner Hyan. In the absence of a bill of exceptions Issues of fact cannot ho considered In tlilf court on appeal , even though tlio transcrlp of thn pleadings and proooedlnss recite. that thf cause was originally detcrmlnoi on an ngreed statement ot facts copied h such transcript. Following Sluto Insurance Company against Uuelcstnft 13ros. ' Manu facturlng Company , 47 Neb. . 1. Koopman ngnlnst Carroll. Rrror from Adams county. Alllrmcd. Opinion by Commissioner Hyan. Thn averments ot nn imswcr attacked by general demurrer considered nnd held sulll clontly to show the existence and probate of a will through which defendant claimed title. 2 , The holding of thli court with reference to the power of nn administrator , with the will annexed to convey real property In nccorduncc with powers given by such will stated In Schroeder against Wllcox , 3D Neb. 136 , adhered to. Fiirmers' nnd Merchants' Insurance Com pany ngalnst Graham. Error from Lnn raster county. Unversed. Opinion by Com mlsaloncr llyan. A mere agreement of a soliciting agon to procure to bo Issued a policy of Insur nneo does not create n present liability nrulnst the Insurance company his prlncl pal , 2. Proof that nn Insurance agent has so llclleci and forwarded rlslcM nnd collecte < premiums Is not such evidence ns wll justify nn Inference against positive un contradicted evidence , that the powers o such agent werov In excess of those above indicated. 3. The petition examined nnd hold not to slnto n , cause of uct'.cn. The evidence con M.lcivil and found Insulllclcnt to sustain nu action , even if n good cause ot action Ind been Hinted In thp petition. Oliver ngnlnst Lansing. Appeal from fjancnster county. Alllrmcd. Opinion b > Commissioner Hyan. Where a case Is fairly within the law authorizing a partition the right to parti tlon Is Imperative and absolutely binding upon courts of equity. In such a case the right of partition Is a mutter of right and not of mere grace. 2. The mere fact that Inconvenience or difficulty of making distribution , or even If probable loss Is Involved In making parti tion , In nowise affects the absolute purtl- to have partition. 3. Where real property leased for a term of years Is owned by several persons ns tenants in common both of the rents nm the reversion , partition upon the petition of one of the tenants in common may be had , and , In case of a sale being thcrebj rendered necessary , the lessee will become a tenant of the purchaser of the rents ant reversion. Hnymond against Lelnborgor. Appea from 1-ineaster county. Alllrmcd. Opinion by Commissioner Hyan. One who has taken the title of nn In solvent partnership ( Inn to real property for the purpose of disposing of such lenl property and paying to a creditor of said insolvent firm a part of the proceeds of the sale and to the firm Itself the balance of such proceeds may properly bo held In an equitable proceeding Instituted against The first in the field and still unrivalled The great chemist Baron JUSTUS VON LIEIIIG made the first scientific effort to produce an extract of meat. The result of his efforts ho gave to the world under the name of Liebig COMPANY'S Extract of Beef , and to attest its genuineness ho author ized this company to use his signa ture , now familiar to all the world , on the jars of this famous product. All other extracts of beef came later and are practically imitations of the great original , which is still Unapproachable for purity , economy and fine flavor 'or Improved and economic cookery For delicious , refreshing bocl tea DUFFY'S PURE MALT WHISKEY All Druggists. At the recent cyolo shows , the would-be imitators of the fork and corrugated hub which have made the famous , by actual count numbered forty ; copying aa closely as the ma kers dared , ono or both these features. A fact like this only increases the pres tige of the Sterling. Send for Catalogue. GATE CITY CYCLE CO.J 424 3 , Fifteenth St. , OMAHA , IEB. A- CURE FOR MEN Dr. K. C , Wcst'a Nerve nnd Ilraln Treatment la a guaranteed cure for I/cut Mannood , Treniu- turj Old Age , Involuntary Kml lens and Hiitr- luatorrlioca caused by Over-Exertion of the Drain , Helf-Aliuges or Over-Indulgence. Price tl.O ) per box ; elx for $5.00 , Hy mall , Ji : plain wiappers , on receipt of price. ( iOOUMA.VS I'MAHMACV , 20j'H. Utli fctreet. Omaha. 1)11. It can IKJ given nlllmiil the Uiion Jeilpre if tliu p.illrnt in coffee , tea ornrtlrluuf foml ; lll er ( ( n iiermnnfut ami upcoily cure , wbMlier th patient I ft mmlcmlo drinker or un alcoholic rfi.fc. Hook of particular ! free , tn bo laid of Kutiu A Cu. . ICtli 4 , ItoujiUM HI. . . Omatm. Pith. GOLDEN SPECIFIC CO. , Prop' * . Cincinnati , 0. TllW Z I Uxll " Book on Uorcnlni lltUt.piiilM nt. Hoard ot Agriculture Printline , The Nebraska Btute Board of Agriculture leslres printed twenty thousand premium bt pumuhlotH for tin. fair of 1S97. Purllea leslrlni ? to bid for this work will be fur- ilshed specifications on application to the lecrotary , Robert W. Furnas , IJrownvllle , n.ald firm find 8AM trust tiy .no of Its creditors bound to pay such balance to sunn creditor. Beaver ngnlnst Ilnll. nrror from DOUR- Ins county , Hovorxcd nml remiuideil. Opin ion by Commissioner Irvine. When two or moio persona have con tracted to convey Innd lo a third person , the vendors cannot by contract or conveyance - anco ntnoiiff themselves releuso any of them from the obligation to respond to the vendee for damages arising from a breach of the contract. 2. Where n vendor of land cannot make title , the vendee may nt his election re cover payments of purchase money with Interest , or damages for the lee of his bargain , 3. Where tlmo 1 * not of the esiencc of the contract , a vendor who Is unublu to make tltlo at the tlmo ho hould convey , may have specino performance by IcmlorlnB Rood tltlo at any tlmo before decree , pro vided ho hns noted In peed fnlth and spe- clllo performance can bo enforced without Injustice to the vendee , 4. In such case an awarding of rents to the vendee , together with costs , In the ab sence of special circumstances , adjust ! ) the cqultlna. r > . The record na lo the tlmo a finding wa < * mudo prevail * 113 tigalnst nn objection based on the hypothesis that the Ilmllng was carlller made , In the absence of some showing of record In support of the objuc- tlon. 1 o Portrait of Mm. M'ICtiilo.v , Sr. The members ot the Woman's club of Canton are Justly proud ot the hanifaorao portrait of Jlrs. McKlnloy , sr. , which they are presenting to the president-elect. It Is pronounced one of the Ilneat ever painted by Pulcltto ot Cle\ eland and shows Mrs. Mc- Klnley , simply attired , yet elegant 111 ap pearance with all. The blblo which has been her guttle through life rests upon her knee. The portrait Is surely going to the white house. For Infanta nnd Children. Shifts- Your anxiety is for your delicate child ; the child that in spite of all your care- Ail over-watching , keeps thin and pale. Exercise seems to weaken her and food fails to nourish. That child needs Scott's Emulsion with the Hypophosphitcs not ns a medicine , but as a food containing all the elements of growth. It means rich blood , strong bones , healthy nerves , sound digestion. No child refuses Scott's Emulsion. It is pleasant and palatable. SCO IT & UOWNIi , Ch nUt , New York. : ta Di munt ilrant. Orlclnnl anil Only Genuine. re , ilwiri tilUble. I DII > til rutfl't frr nirntom Ki > ilui\ ptii7V niI li Hrdtftil V M ! * * H tmM wttft Mila H mn. TnLo lhrr. 7rrMferfrtfi < ititititifcirl , ant inllalio * ! . Al IVnt-0 > " . * amps for | > arilcuUn , tr llme t < ' 'Uellerfnr t.tullrVMMirr , tTrttnni CURE YOURSELF ! U n\a \ for unnatural ulecnircc * , Intlonunntlont * Irritation ) or ulcnalloni of mu CD u nicmtritnM. 1'olnltsi , nml not nitrln- suit or polnonons. "nt I" , l > y o pr M. prepaid , for fl.in. or .1 bottler , } . ' . ; 5. Circular lent on rcijueiU PS "CUPIDENE" TliH crent Vesctnljlo vltul7rlliapri-s ! ! < rip- llono ! n famoi French pliyalchti.wlll quickly euro son of nil nor- you * or Uhnascs of the Kciieratlvu nrimiii , Biiru n * Lomtnnhwxl , Insomnia , runs In tlioIlnck.Beinliml Eml&slous. Ncrvoni Debility ! Pimples , UnUtness tci Miirry , Hxlimistlns Drnlns , Vnrleocclo niij Constipation. It fclotn n I losses tiy day or nlfiht I'letrrxi quirk- ncsiol discharge , whlclilfiiotcliprkrdlonrtitoSperiiintnrrlinMinnil nlltuohorrnrjollmpotenoy. ! ( Il > IIM.MclcuiHCStiollvcr ! , lira snnil mtorrsBmnll weak nr. . Tlio reason RufTorpr nro not cureil bj' Doctors li heennsn ninety per cent nro troubled with PrnntnlKlii. C tll'IDKN'K Is the only known remedy to euro without un operation , ftoooti ilinnnl- nln A written Runrnnti'OBl7paonil money returned it sli bnxen doca not lUTucl a permanent euro. fl.OOnboRlxfurf.\a ) , l > y mull. Send for FIIEU circular and testimonials. Au'il > i T5AVOS , nEmeixr CO.I > .O. Box SirO , Ban rrr-iclaco.Ci ) . Sryora-Dillon Drue Co. , 3.E. Cor. 16th ana Parnam. Omaha , Nob. When In doubt what to use fet Nervous Debility. Losj of Power Impotcncy.Atropb v.Varicoccle and other weaknesses , from any causq use Setinc Pills. Drains checked and full viper quickly restored. If nrjlrelcd. inch troublel remit f.ullr. Mailcdfor$1.000boxes$5.00. ; Wttl $5.00 orders we Rivea guarantee to cure or refund the money. Addresi 0HEUMAN & JI'CONNELL DttUQ CO. . Omaha. Neb. A PERMANENT CURE SSraS 'n without the nausentlnc results ot dosing with C ubcbs. Copaiba and Santal OIL J , Fcrre & Co. Jcl by all druggists. LESSONS I NEWSPAPER MAKING. LESSON NO. 3. Do you not see Omaha on the globe ? Do you not also notice the telegraph wires leading away into distant lands ? These carry the news from all parts of the globe direct to the Bee Building. We have already shown you how The Bee surpasses all competitors in amount of news published and now we will have a lesson on J FOREIGN CABLE NEWS Taking four days February J4 , J5 , 16 and \1 \ be ing the Sunday , Monday , Tuesday and Wednesday editions , this is the result : Here again THE BEE is ahead of all competitors for a comparison of Sunday and the following three week dayi s : THIS HUB printed 200 iiicliea. The World-Hei-nlil iirluted 107K Incite * . The Lincoln Journal printed 102 luabc * . ' The Slour City Journal printed 1U2K Inches ) . That gives THE OMAHA BEE for the same period : lliliVi Inolica ( uV.out 0 column ) niort ) tlmn tlio World-IIctrnltl ) OB IiiahcM ( about B column * ) mnro than the Lincoln Juiirnnl. 1-7 luohen ( about 7 column ) morn than tlio Sioux City Journal * YOU CAN'T READ IT ALL UNLESS YOU Read The Bee o