Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 14, 1897)
THE OTtrAIIA DAlTAr 33EB : TUESDAY , DECEMBER 14 , 1897. I FROM THE FARTHER WEST MINING NEWS FROM WYOMING Ecnowed Interest is Being Shown in the HartTillo Damp. RICH COPPER DEPOSITS ARE THERE Look Over Hit ; fironiul TvHU Unrr unil Hay tin- Ore I.lcn Tli enIn Iniiuuinfc ( liinntltlvH , CHEYENNE , Wyo , , Dec. 13 , Special. ) A recent doveloprao-al In the mining situa tion at the Hartvlllo mln'og camp la north ern Laramlo county bcs arousc-d tbo latent mining fever .of the prospectors of'the region and the great Iron camp will noon , present scenes of evea greater attlvlty thaa it pres ent. A number of noted experts who have ktely visited the camp concur In the opln- kn that the rich strata of Iron are- under laid by a still richer deposit of copper. Expert Cbaiice of Philadelphia , representing a orge pastern ejadlcate trod actlrg In the Interest of the Uclon Pacific. Denver & Cult Railway company , epant eight days la the district last month making n careful and 401011031 inspection ot The geological formation and mlnerd Indl- catla-.a. Ho expresses the oplnloa that Han. vlllo U dteUned to be one of the great cop per camps ot the western world ; that the great deposits of Iron * found ! Q the district arc but the Dipping of a tremendous body of copper ore. In this respect resembling the tnlrcraoglcal ! formation of the celebrated 1113 Tinto mine of Spain and the no less famous Aniconda mine ot Montana. The geological logical formation of the QooJ Fortune Iron inlao at Hartvlllo seems to particularly EUS- taln this theory. Expert Butler , of the Colorado Tucl & Iroa company , of Denver , who visited the camp last spring and devoted a week to mak ing a painstaking examination ot the m'o- < val deposits of the vicinity , made a report In which ho advocated the tome Ideas now achci-ccd by Mr. Chance In. regard to the cx'stance ' of large underlying bodies of cop per. per.Fred T. DuBois , a practlctl mine operator of Colorado , who w nt do the district several mo tf-n ago for the purpose ot Investigating the situation , declares enthusiastically his belief that extended development would re veal extensive areas of copper under the Iron strata. These opinions , emanating from practical mining men and experts from various local ities , are fully cooflrmed by the past history of the camp. Hartvllle's copper boom began In 3881-82 and hundreds of prospect holes were opened , all of them showing more or ICES copper ore and the existence of a copper belt extending many miles across the Hirt- villo district. Several ot the large prospects were extensively worked , notably the Sun rise , the Green Mountain Boy and the Michi gan , The owners of the Sunrlso erected n smelting plant at Fairbanks and produced $200,000 worth of copper ore In less than one year of operation. The Green Mountain Boy produced over ? 30,000 worth of very rich ore , which was shipped to eastern smelters. The Michigan has been operated by an east ern company , which shipped Its ere to Penn sylvania , the amount of the production not being hnowm There was no deep mining , and the entire output of these mines was taken from the surface. It Is looked upon as a certainty that the following up of these Indications will demonstrate the truth of the expert's opinions. The Wyoming Railway nnd Copper com pany , controlling largo Interest * In the camp , Is preparing to commence operations on the Sunrise mine nnd one or two other of ? ls best claims. The Sunrlso Is a copper-Iron claim , H hcs some 20,000 tons of Iron ore , containing from 2 to 5 per cent copper , lying In the dump , the result of former operations. It Is thought this can be utilised at a profit em fluxing ere In the Denver smelters. C. A. Guernsey , the Wyoming agent of the com pany , visited the camp last week for the pur pose of maHlng arrangements to ship this ore to market. Other on ners of copper pros pects ere recommencing work on their claims with renewed interest and much confidence is expressed on nil sides In the future of Hart vlllo us a copper camp. The present activity In the Hartvllle camp Is due largely to the" fact tbnt a great amount of Iron ore is being taken from the Good Fortune group of mines. These mines are worked by parties In the Interest of the Denver & Gulf Hallway company , the latter having secured an option In March last upon the property. The Good Fortune mine , which was then but o. promising prospect only , has now dcvclonod Into one of the largest and best producing iron mines In the west. The company , while elilpplng ere to the Denver smelters , has carried on the development -work until the machinery now In use has be come Inadequate for hoisting the ore pro duced. The present output Is from seventy- five to 100 tons a day and as soon as the necessary hoisting equipment can be put up the shipments will be greatly Increased. An examination of the prcst'ot workings shows an ore body of tremendous proportions , s me t'0,000 tons of ere being already blocked out ready for shipment , Theio Is an Immense ore cropping over the mrttro group , the un derlying body of which has hardly been touched. A conservative estimate places the amount of the deposit at 1 300,000 tons. Over 100 miners and ere haulers re at present em ployed In mining and shipping the ore from the Gnjd Fortune group. A typical mining Ullage has sprung up durluc ; the fast year f t the foot of the Good Fortune hill , com- posi < d 'Of siloons , stores , boarding houses , cabins fcnd tents. The ere Is hauled sixteen miles by wagon from the miocs to Badger , the shipping point on the Denver & Gulf railway - way , ana the towns of Fairbanks and Badger are sharing the .activity caused by the In dustry. The transportation of the ore from the mines to the railroad Is In charge ot Luke VoorhwH , a pioneer miner and ccotractor of the west , who sub-contracts the work to team owners and ranchmen. This feature- the entei prise will probably last only until spring , wtien a fc'ur . from the railroad to tbo mines will be built. Are I'li-ntj' . CHEYENNE , Wyo. , Dec. 12. The- vacancy upon the supreme court bench of Wyoming , caused by the death of Chief Justice Ccoa- v\ay \ , Is attracting a Urge number of appli cants for the position , which will bo filled by appointment by Governor Richards , Among the candidates \vliMo claims have become public arc Hon. S , W. Downey of Laramlc , who hus the support ot Albany piunty. John P. Chllce ot Swoelwrater county Is a candldaitu. baslqg his claims upoa the fact that Judge Oonaway was from Sweet- water county. From Weston county Judge Voftburgu U a candidate , and from Johiisou county C. H. IMrraallee. l.lvi-lv CunI Caiiij'- KEMMEREn. Wyo. , Dec. 13. ( Special. ) This Is becoming the llvllcat coal camp in Mrs. A. II. Crnusby , of IBSKerrSb. , Meinphlfl , Tenn. , paid no attention to a small lump in Her breast , but it soon developed into a cancer of the most naut typo. The beat physicians in New York treated her , and fln- nlly declared her case hopeless. As a last resort , S. S. S. was given , nnd an itnminlluto improvement re - sulted ; a fuw bottles tles cured her completely , and noBipn ofthedlg- sss ease 1ms return ed for ten years. Books on Cancer tree ; aOdreH Bwlfr ByMMa Co , , 4.Uaau , 04 tbo state of Wromlns. The trorlc la the ml MS In being ptuhod to the utmoitt nJ three shifts are being worked consta.nt4y. j Thirty dwelling houses have been complete' ! j ttvJ occupied. At the mines two engine ' hourws. dj-aamo room , bolter bouse , black- urn ith Ehop , doctor' * ofllco , barn , and Btcaru- he t uoller house "have be n built. The mine etore and boarding house oisd the company offices will bo heated by team. The screens and other machinery on tbe > surface of the mine will bo operated try electrlclly. Ue- rtdes 1he oompti y buildings there drc three salooDo. a ger-tral store , two restaurants , a bakery and nine res'dercta. ' A big stone hotel is being put up and will be ready for occupancy before the close of winter. Clinrci-il Tjllh lUilililiiir llif Mnll.H CHEYDNNE , Wyo. , I > DC. 13. ( Special Telegram. ) T. J. Lllllard , un educated half- breed Indian from 'Montana , was arrested here this evening charged r.'lth robblog the j United States malls. LUIlard denies hla guilt. Ho admits calling for and receiving lotions at various poatofllccs In 1he west ad- drcsEcd to other names t'aan his own , but claims to hive hid authority to < lo so , sad that none of the letters contained money. SOCIAMST COIO > Y STARTED , Co-t > | irr tlviIlrntlivrlinoil llccliuiliiK' In AVu WIIATCOM , Watb. , Dec. 13. ( Special , ) At last the socialists ihave made a. beglnulng In their colonizing work on ithe Pacific coast , though this beginning Is not under the dlrec- I tlco of Eugene Dobs. The flrst colony planted Is by the Brotherhood of the Cooperative - , operative Commonwealth , which was or ganized t > y Dehs , but droppel when he con verted his railway union Into tUe Social Democracy at OMcago. This brotherhood I has established a colony about fourteen miles I south of this city on < the edge of Skaglt i county , and unless all slgus fall the seltle- 1 mont Is destined to grow ito represeatntlve proportions. The 3W colony has crept In almost un heralded , and by skillful business negotiations has obtained title to a valuable tract of land. It Is a tract that is n&t only inherently valuable , but 4a peculiarly adapted to serve the experimental purposes of tbo sochllsis In the way of agricultural and colonial life. There are already eleven families and thirty single men onthe ground , all living In a newly-crecteJ colony liouse and at work clearing up a 2SO-o.cre farm that was bought for them lost spring by to advance agent at $10 per acre. The men who arc on 'the ' ground already are from many different states , mainly from the prairies , ar > 3 they came west la prairie schooners. Tney say tihat many accessions to Ijelr population are en route from .1he east. At rtiho head of their colony Is a member elected by a majority vote , and he caa be deposed at any time In the same way. The work Is all common , und the property Is the community's. The members receive 40 cents per day from the parent organization till their land Is cleared and made productive. Ttoey will admit anyone to their ranks hero for ? 1GO In cash and one man who joined them traded fh o acres of land for a member ship ticket , AVanliIiit < > n XCITH Xulrn. The populists will establish a state organ at Olympla to bolster their waning cause. Two hundred and sixty-four bales of hops were sold in Chcdalls last week at prices ranging from S to 10J/i cents a pound. The city council of Spokane pasted a reso lution remitting all penalty and Interest on delinquent taxes assessed prior to 1SD1 , pro vided Leo original amount of the tax Is pjld before Jznuary 1 , 1S9S. A couple was married In Dayton last week to legalize a ceremony performed five years ago within the time limited J > y a decree of divorce. The parties were C. J. Bryne , an optician , nd Catherine Wallace , both residents of Spokane. There are not to exceed twenty-five per sons left In Monte Crisxo , and tbls number will be materially reduced within the next few days. The mines are closed and but two watchmen arc employed at the mill. No malls have been recefrsd there Elnce the railroad was washed out. A company has been formed to harness Snoqualmio Falls and furnish power for Se attle and Tacoma over electric wires. The falls are 2GS feet high in a slngl ? drop a during the dry season yield 32,000 horse power. The distance Is twenty-seven nrllcs from Seattle and tblrty-four from Tacotna , The direct European export of salmon from Pacific northwest pyrts since October 7 has been 085,278 cases , valued at. $2,979,200 , says the West Coast Trade. Of the total ship ments British Columbia lias contributed ull but 20,845 cases , valued at $104,670 , repre senting the major portion of i he pack ot the Island Packing company , Friday harbor. SOUTH DAKOTA XK\VS. Supreme Conrt Opinion * . PIERRE , S. D. . Dec. IS. ( Special Tele gram. ) In the supreme court today opin ions were lisnded down by Conn ITU Ibe fol lowing oases : Mlnaehaha National bank of Sioux Falls against II. C. Ton-ey , Mlnnetoha county , reversed ; Joh.n C. Freemaei cad Cora Manser , intenenor against the City of Huron , Beadle county , affirmed. The insur ance department has granted permission to do butttaess In South Dakota to the G'.f.ns Falls FIre Insurance company , of Glees Falls , N. Y. Jinlfr - I'uNMi- RAPID CITY , S. D. , Dec. 13. ( Special. ) Saturday , Judge Gardner , presiding at ( he Pconlngtoa county court , passed sentences upon the following persons : Fred Williams , convicted of gracd larceny , five years la the penitentiary at hard labor ; Frederick Rlch- ardsro , grand larceny , fivejearii at hard Jabor ; Gllbejt Rock and Piul Faulkner , grand larceny , were each given four jears at hard labor and Earnest Hoover , con victed of burglary , was given three * years aad six months. 1 "onml Hentl. MILLER , S. D. , Dec. 13. ( Special Tele gram ) A'n old' man earned Swab wna found dead southeast ! of hero hot night. No par- tlcultrs are Jearaed , though foul play le suspected. South DnlcotiiIMV * \ntr , Iceurauce rates at Ple-rre have been raised 20 per cent. The residents of Two Bit mining camp want a post office established there. The unrcouscerafQt of the suspension of the Leather Blade was premature , but it will probably bo discontinued with the close of the year , A tbousrnd teachero arc expected to at tend the convention of the South Dakota Educational association In. Sioux Falla begin ning the 27th. Several hundred Mitchell people were dis appointed one night last week because Ex- Senator Ingalls failed to keep his lecture appointment. On the Redemption group In Richmond Hill , Black Hills , M. Elleaberg has drifted Into a vein of ore running $5.50 In gold and ID per cent lead. Moro than 200 settlers on the homceteaA lands of South Dakota have made contribu tions to ai funC maintain a lobby la Wash , ington to look after the free homesteads bill. Deputy Oil Inspector DeYoody of Aber deen has condemned more than l.COO barrels of kercaroe oil einco entering upon his duties. He recently Inspected and con demned .a large quantity at Mllbink , Web ster , BrlttCQ and other places , The business < Jon at the Aberdeen Und office for the month of November exceeded tn. proportions that of any previous period of thirty days for a > year or irore past. There were forty-five timber culture proofs , em bracing 7,200 acres : twenty-four homestesd proofa , mbrac'J3g 3,420 acres ; thirty-four homestead entries , embracing over 4.000 acres. There were lour commuted home- etejKl proofs , and theor eh receipts for the month were J1.004. I'"or n Srcrelnrj- Mlnlntr , SAN FRANCISCO , Dec. IS , ( Special , ) Chairman Ford of the committee on Mlnci and Mining ot the TruidmUsUslppl Commer cial cousre-M hac seat out & call for a incoU Ing of the committee to be held in this city January 25 lor the purpose o ! taking- such steps at may too deemed advisable toward securing a national executive department of mines and mining. Like committees from the International Gold Miners' association and the California Miners' association are expected to meet at the same time and place. cownov AUTIST "Tnnmniii.MJ. " lln ! I'nrrntN Lire In lonn. lint He Achieved 1'nme In Colorado. Tor ntteen jcars , ever since ho was n boy of 12 , a young mas from Iowa has haunted the tircberllno ot Colorado's mountains. Ai a boy ho worked In the camps and did any kind of work there wee to do. Gradually he became an expert with horses and for icnrs he has made a business of breaking and training them. He has always been called "Timber-lire , " owing to his love for the movntaln heights , but the Rocky Mountain Nena says his real name Is G. G , Kepllnger. lie Is bindy wltli his gun. Is to 'bra ' e as a. man can bo ard Is at present marshal of a camp called "Dillon , " not far from Breck- enrldge. His nasderful height aod strength makes him remarkable at flrot sight , for he Elands six feet foqr and a half Inches In his stockings. Perhups "Tlmberllno , " who Is a typical mountain cowboy In dress , mannerism and speech , may hare Inherited an artistic abil ity from his parents , who otlll live to Sid ney , la. , and pertiapa his life , often In soli tude , among nature's wonders up In the azure near the enow Has , may have devel oped anartist's soul In his herculean body. At any rate , during the Intervals of Ills wild life tjnong wild men and beasts , ho sought to portray with a sharpened piece of lead ore the grandeur of the canyons and peaks. Uls hands -were Inoro accustomed to holding a "Winchester , but h's success was sufficient to encourage him. The look of re finement and sympathy deepened ID his fac" , for hlc study of the gentle art anil still gen- I tier nature made him moro of a man , with I all the longings of the arttot lor tlio beau- I tlful. I Like all geniuses he was very modest and did not think his trifling work worth any < thing except to amuse his lonely bourn. His rough comjnnlons twitted him on his "pic ture work" as much as they dated , for the young marshal would .not stanfl everything. He Is but 27 years old now and full of all the fires and pabslons of youth. While hla mountain friends sometimes laughed at htm thcj- all respected him nnd privately ex pressed their admiration for the young fel low. low.One One day last summer a young woman of Denver visited the vicinity of his home In the clouds. She was a born artist , one who loved art for art's sake. She saw the youns man , marveled at his tall , well-knit frame , caw the look of icflnement In his storm- stumed face and sotm gained his confidence. Ho hesitatingly told her of his love for drawing and she ga\e him some water col ors to use. For a long time nothing was heard of him , when suddenly he arrived In Denver the other day to show his bencfaeto' some of his water color sketches. He had drawn them over and over again until he thought he had nude them pretty nearly like the scenery nbout him. In the first water color he finished the coloring Is deli p * f and apniirjcte. thn rteisnectlve coed and the drawing In proportion. He did not ex pect pialse , but received It , and was at once made the Idol of the Colorado Art club at Its meeting Tuesday night. "Tlmbcrllcte" Is like the deer of his mountain home when It comes to close contact with the city world. He made a quaint picture himself as he stood In the midst of the little group of artists , with his cowboy costume , the immense sombrero find the "gun" sticking In his belt. He will remain in Denver for a few days nnd sain as much knowledge of his beloved picture work as he can. TRYING TC HOLD THE 3Ion1imn Ofllcliilir Tcnr Ho Would Be lynchi' l In Mlnionrl. HELENA , Mont. , Dec. 13. ( Special. ) Gov ernor Spriggs has honored the requisition of the governor of Missouri for Joseph C John son , the colored man who Is wanted for kid napping Miss Kato Ncal , the beautiful and accomplished daughter of D. L. n. Ncal , an Influential resident of Sweet Springs , Mo. Johnson was caught In MIssoula , where he la now under arrest. The slrl went back to Kansas City , where she attempted to commit suicide , and was later put Into an insane asylum. Extraordinary efforts have been made to Influence Acting Governor Sprlggs to refuse to honor the requisition. Ministers of Kan sas City and other points in Missouri have telegraphed repeatedly that Johnson was sure to be lynched if taken back , and colored men In various cities of Montana have held mass meetings protesting against Johnson's re moval to Missouri. The acting governor has been deluged with telegrams from Influential citizens of Missouri and Montana urging him to keep Johnson within this state. Anticipating the action of the governor , Johnson's lawyers took him before a Justice of the pcaco to answer to the- charge of adul tery . He pleaded guilty and was sentenced to thirty dajs In jail. This rus2 was designed to keep him In Montana at least one month. The Mlieourl ofilcer will now ask the gov ernor to commute Johnson's sentence eo that ho may get possession of him. UTAH'S IIIKIG.VTIU.V 1'KOJKCT. Many AcroK in Ho Mnilc Fruitful liy the UNIof Irrliriitloii DltcliCN. SALT LAKE , Utah , Dec. 13. ( Special. ) One of the greatest Irrigation projects e\er entered upon 'has just been , launched here by the signing of a contract with the state by the Lake Bonncvlllo Water and Power company. By this contract 250,000 acres off land are segregated for Irrigation "by " the company , which In turn undertakes the con struction ot a plant that will cost upward of $3,000,000. It will Include three great reservoirs and 720 miles of laterals nnd canals. For seventeen miles through Sevter canyon the main canal will be Wasted. For labor alone $2,500,000 will be expended within the next two yoars. work will be begun In February on the project. The lands to be lrrIgate-1 arc fertile table lands In Sevler and Midland counties , but too high for Irrigation by any Inexpensive method. Con ! Vt-lit Aeiir Oriliy. . OREELBV , Colo. , Doe. 13 ( Special. ) A new coal mine has recently be-en uncovered near Greeley. About thirty days ago James MulIIo cad niby "Wo'.nver. believing there was coal near a bluff eight miles southwest of Greclcy , sunk a shaft , and , after going down twenty-six feet , struck a twenty-slx- Inth vein ot fl De-look Ing coal. It resembles the Cannel variety , burning ( with a clear candle-light flame , and throws out an abun dance ot heat. I ) < lit Ilk Of II DlIJT. FREMONT , .Neb. . Dec. 13. ( Special. ) Paul Kretslnger died hero suddenly last night of Drlght's disease , aged 32 years. This sum mer Jjo went to ICaulmau , Germany , where he was born , Intending to remain there. He had not nerved his time in tbo army before leaving for this country and was eoon placed under arrest , Through , the efforts of the American consul he was released and re turned to Fremont about six weeks ago. He leaves considerable property , consisting of farming land In Washington county. A widow and five children survive him. His- father is ouo of the leading clergymen of tbo Lutheran church In Germany. NEW YORK , Dec. 13. Charles Butler , philanthropist and lawyer , died at bli home In this city today. Mr. Duller was born at Klnderhook Landing , N. V. , In February , 1802. HI § mother was a descendant of Oliver Cromwell. Butler entered the law office of Martin Van Huron In his native itown. Then be set- tloi ! o Geneva , N. V. In 1S2S Mr. Butler took a stage journey across Ohio and Indiana. He closed his tiip at a little settlement of 200 Ictabltanjs at the southern end of Uilce Michigan , and said It would some day tie the largest inland city in America. Two yearn later he cent his brother-ln-lsw , William Ogden - den , to make his resilience there , end when tt.bo village became the city of Chicago Mr. Ogden was Its first mayor , In 1834 Mr. Dul ler came to this city und entered upon the practice of law. His philanthropy was far- reaching , BEATRICE , Neb. , Dec. IS. ( Special Tele gram. ) C. K.1 Harris , a traveling man who removed from Atlantic , la. , about two mouths ago. died suddenly kit eight of heart failure. The remains will be taken to Iowa Jor burial. ] WASHINGTON , Jtti I3. The \Vaf de- partmoat has bKcmwlorrned ot the death today at Butler , P * . , of Colonel J. C , McKce , surgeon. U. 5. A. J. A. Perkins o $ , Antiquity , 0. , was lor thirty years neodless\y tortured by physi cians for the cure > or eczema. HP. vrss quickly cured by uxlng pcWltt'e Witch Hazel Salve , the famous hraTlhg salvo for piles and skin diseases , y\ \ SIIMU.MI ; ; COURT iMioccKimcs. LINCOLN , Dec. T" Court nvet pursuant to adjournment. Ki iH. Strong and H. A , Lambert tver * admitted to practice , Naldt against Supreme Lodge , C , S. P. S. ; Harwell Irrigating Company against Lnsh- mett , dismissed unle < plaintiffs serve and llle briefs In twenty dayp. Bachmnn ncalnst Keller , Hebron Lofliro. Independent Order of Odd Fellows , .itiMn t Gnrmlroi Cnssclls Against Hnmblln , Khcrlc ntrnlnst Bflrtr. Pnrrotl ntraln.it Hnnrllnir. Taylor against Oanow. Overall ngnlnn Xthllp , Gronoweg against Uudd , Goiasladt against Stenberg and Splnk against State ex rel School District 2 > o. 1 , Hall County , alllrmed. Stnto ex rcJ Home for Friendless agaln t Cornell , leave to docket and order for hearing. December 1 , 1P97 Pardue against Missouri Pacific Kallroiid Company , motion to recall mandate overruled , Clemmwns ngnlnst Hcelan , motion for decree overruled. Burr agnlnst Hcams , motion to submit on merits overruled. Gage County apnlnst King Bridge Company , suggestion of diminution allowed. Hnnscom against Lnntry , motion to strike transcript overruled. Andrews against Turner , motion to dlsmteft over ruled. SupetseJeas vacated , Uulldlnfr nnd Loan Association of Dakota asralnst Wills , motion to dismiss overruled. Moore ngnlnst Webber , dismissed unless appellants serve and file briefs In twenty days. .Motions to advance , atllrm and vacate supersede-as overruled , Foley against Cashman , motion to dismiss overruled. Wcst- orve.lt against Baker , leave granted to file petition In orror. State against Midland State Bunk. State x rcl Hock County against Sheldon and Sharp against South Omaha advanced. Schmltt against Ma- lioney nnd Moorcs ncalnst State ex rel Shore ) , -motions to advance overruled. Cas- r ll9 afralnrt Hamblln , alllrmanco set aside. DlsmiB ed. Selroe/ against Can-ell and Mu tual Benefit Life ; Insurance Company ngalnst Halney , dismissed. Chicago , Bur- llrprton & Qulncy Hallrond Company against SlcGlnnls , motion for Judgment overruled. Nebraska Telephone Company against Stats ex rel Teller , motions to dis miss and vacate. ? uperscdca overruled. Cause advanced. Slobodlskv ntralnst Phoenix Insurance Company , Smith against People's Building , Loan and Savings Association , Dunn against ISberly , Head against Levy nnd Baer against Omaha , motions for rehearlngs overruled. Kanwell against Chicago , Rock Island & Pacific Railroad Company , rehear ing allowed. Court adjourned till December 21 , when the following cases will be called. All cases for henrinp under rule 3 , Crapa against Hefner , Cornvny ngalnpt Maglll , Beals against Western T'nlon Telegraph Company , Wright against Carr Ilced ncalnst Omaha , A'nn Etten ngalnst Medland , Hnrrod atrainst Hoppers , Thompson against Kyner , Kyner against Aveiy , Gibbons against Kyncr , Horkey asuinst Kendall , Tuti against Haw- k'ns ' , Palmer nsainst Carpenter , O'Brien against Spiuldlng , Mason against Sharp , Warner npainst Brannon , Wylor against Itothschiia. Life Insurance Clearing Com pany against Altschuler , Anderson npainst Story , Field atmlnst Lumba.nl , Aultman ngalnst Bishop , MaKf > e asain"t Gideon , Xoiv Omaha Thomp on-Houston Glectrlc Ligbt Compiny airalnst Grilling : , Panmlee apainst Ewlnp. Mo'lcy n alnst Motley. Alelick asalnrt Kellcy , Ho ell sg-alnst Wren , Bryant aualnst Dakota Countv Lanshorst atrninst Coon , Perkins acalnst Tllton , Brown against Alberts , Van Vnlltenl CTE : asalnst Tlngley and Omaha Sr Republican Valley Railroad Company against Granite State Tire In- surano ? Company ; . Opinions were htincled down In the follow ing cases : ' Van SUIko against' Potter. Error from Setvard county. Afllrmed. Ragan , C. The evidence e'Rrnined and held to sus tain the findings of the jury that defend ants Old not contract \\ith plaintiff to effect for him a permanent cure ; did not contract to visit 'and ' treat lilm until be wns cured ; -that ueftndants were not guilty of newllBence In -treatment Riven the plaintiff , nor In Adopting and pursuing the method of treatment followed by them. 2. The law does HDC.rc.o.11'1'6 ' of a surgeon absolute -accuracy 'cilher In "bis practice or his juOgmentjMt'-doca not hold him to the standard of Infallibility , nor require of him the utmost degree ot care or skill ; but that In the practice of his avocation he shall exercise that decree of knowledge and skill ordinarily possessed by members of his profession. 3. A petition alleged that defendants agreed to visit and treat plaintiff until ho recovered. The answer was a.general de nial. The defendants were permitted to testify that at the date of their last visit to plaintiff they Informed him that they should not return un.ess they should be requested so to do ; that they received no such request and did not revisit plaintiff. Held , that this evidence was relevant under the pleadings. > 4. In a suit against a surgeon for damages for alleged negligence in operating- upon and treatingplaintiff's fractured knee cap the district court refusal to permit persons called ns jurors to answer on their volr dire examination , whether they were mem bers of anv church orpranizatlon or secret society. Held , that it does not appear , nor can It be Inferred from any fact in the record that the district court abused Its discretion or erred in Its ruling in this matter. 5. A Iltlpnnt has the right to examine a person called as a Juror for the purpose of ascertaining whether or not there exists Krounds for chnlleng-lnK such person for cause. But what questions may be asked such a person , nndwhat range or scope such an examination may take Is a matter committed to the sound discretion of the trial court ; nnd Its ruling will not be dis turbed unless there has been an abuse of discretion to the prejudice of the party complalnlnr. C. A Juror's volr dire examination set out in the opinion and held that the district court did not err In overruling the plain tiff's challenge lodged asnlnst him on the ground of his bias and prejudice. 7. In a suit for dnmnses against a sur geon for nllec-pd neg-llfi-ence In operating upan ami treating plaintiff's fractured knco cap text books on surtrery , though standard authority on the subject cannot bo read to the 1ury as Indepcndfnt evidence of the opinions and theories therein expressed or advocated. HljrMns against Haglor. Anpen1 from Lan- cattor county. Alllrmpd , Irvine , C. Evidence examined nnd held to show that a. bill of exchange drawn to the order or a bank by its customer , the amount of which v as placed to the customer's credit , became the property of the bnnk and was not In trusted to It merely for collection. 2. A petition peeking to charge a trust on property In the. hands of the defendant , the receiver m an insolvent ban : : , may allege that the bank obtained the property as bailee , and at the same time chaise that It AUS obtained by fraudulent concealment of Insolvency and relief may be grante.d on the latter ground , although the former be not proved. 3. Where a bank remains open and holds Itself out OB ready to transact buBlneF-s. this Is nn Implied representation o-f so 'ency , and for Its offlc-ers to then rece've a deposit , kncUtng It to be hopelessly Insolvent , Is a frnud. I 4. Tno depositor under euch circumstances ! may rescind the contract of deposit and recover back the tiling deposited , while It or Its proceeds may bo distinguished In fpccle , and before ( hey have become com- mlmrU'd with the ct-ncrnl assets of the bank , i . Certain stipulations In the record held to Justify n flndlnK'that the proceeds of the deposit In question had b en preserved sep arate and not commingled with tbo general arsets. * r United States National Bank against Gecr , Error from /XUCUOIIB county. He- versed , Irvine , C. ' The question whether title passes to a negotiable Instrument delivered to a bank under a restrictive but ambiguous endorse ment , without an , cipreps contract , but In Siursuarco of an MJabUtihed usage. Is one of fact rather than lav and depends on the Intent of the onrtleM. 2. As between the Immediate parties the form of an erdon.eoi1ent Is not conclusive , but the nature , of t4he contract may be proved by parol evl4 nce , 3. Evidence fxamlned nd held to Fhow a sale of the Instrument In controversy and not a bailment for"collectlon. 4. The right to reclnd n- sale for fraud Is lost If not exercised before the vendee transfers the property to nn innocent pur chaser for value , Tnls rule applies to an attempt to recover a chose In action sold to an Insolvent bank In Ignorance of Its In solvency ns against the claims of a trans feree from the bank who has parted with value on the -faith of the bank's title. WakefleM ngralnst Van Dorn , Appeal from Douglas county. AlHrmed. Jlairan , C. Where two contractors furnish labor nnfl matcrlnl townrd the erection of nn improve ment on real estate , in pursuance of sep arate contracts with the owner therefor , and one of { tald contractors Hits his claim for P. Hen under the statute and then brlnps suit to haw established and foreclosed such lien , the other contractor is n iprojwr and neces sary party to such suit : although at the tlmo the action > was brought ho had r.oi JllcU his claim for n lien , 2 , And the decree rwiderel In such case Is ns to the contractor not made a party a nullity ; ana after corrnletlnB hla contract and complying with tb * statute , ho may brine eult to have cotabUs-cd and fore closed a llfn ucjiln.1t the real estate , upon which the Improvement was erected , 3 , And in cose he does BO , the fact that GIRLS The most magnificent collection of ever brouht to this city all kinds and all price IVnvlt Sol" , 2. c. r.Oc nnd $1.OO I Tablet * COe , So , 81.5O , i j T Q. * * 4" + ff Vy * CTr TT V * \ . "V V * w ElTT'Tr < T V" , Dr5 PWMfSftB A. n. C. riiriiilare , oOc . Cool.- Stoves % vith furniture , -141S DOUGLAS STH.BBT. . the first suit was pending , to his knowledge at the time he iilcd his claim for a lien un der the statute , does not estop him from maintaining the action. The Bankers' Life Insurance Company ngaJnst Robbins. Appeal from Lancaster count. Judgment. Hagan , C. A cause of action , or some part thereof , on a life insurance policy rulEes within the meaning uf section 53 of the Code of Civil Procedure , In the county where the Insured died. 2. A life insurance company created under the laws of this fctate is situated , within iho meaning of section 53 of the Code of Civil Procedure , in any county of the stito In iwhlch it maintains nn agent or sprvant enpaged in transacting the business for wbSrh It exists. 3. Whether tno relation of principal and asrent exists between two parties is gen erally a question of fact ; and whl'e It la not necessary to prove an express contract be tween the parties to establish such relation. I either that must be done of the conduct of the parties must b& such that the relation 1 may be Inferred therefrom. 4. Section S , chapter xvl , Compiled Statutes , declares -what conduct on the part of a per son shall be conclusive evide-ncs of the -fact I that ho is nn agent of a foreign insurance company. The section has no application to an agent of an Insurance company created under the laws of this state. 3 , The fact that a bank collects and remits to a domestic Insurance company premiums due from Its policy holders , but transacts , and Is authorized to transact , no other butl- ness for the insurance company. Is not evi dence which -will of Itself sustain a flnfllnsi that such a bank Is the agent of such In surance company within tha meaning of section1 74 of the Code of Civil Procedure. . G. A party atrainst vt-horn a Judgment nnu been rendered by default , which Judgment ' Is void for ' 7iant of Jurisdiction over the ' person of the defendant , Is not entitled to | an Injunction to restrain the enforcement , of such Judgment unless he makes it np- , pear both from hla pleadings and proof 0) ) ' that ho has a meritorious defense to the | cause of action on which the Judgment is based ; (2) ) fiat he has no adequate remedy i at laiw ; and (3) ( ) that his plight is in no wise I attributable to his own negrlect. I 7. An ) adequate remedy at law within said < rule Is one that Is as practical nnd elllclpnt . to the ends of Justice and Its ptompt admin istration as the. remedy In equity. S The reme-les at law available to the ' appe-llant : the adequacy of such remedies I nnd whether the plight of appellant was due ] to hla own negligence discussed in the | opinion. McMurtry against Columbia National Rank. Error from Lancaster county. Af- llrmed. Hauran , C. This court will not review the appraise ment made of real estate sold on execution , for the purpose of determining whether such appraisement is too high or too low unless i objections on that ground fos made nnd flled j In the court from w hlch the execution Is sued Upfore the sale occurro'l and such ob jections be ruled upon by bald court , 2 Evidence examined nnd held to sustain th * finding of the district court that the execution creditor had not caused the. real estate In controversy to be levied upon nnd sold contrary to a valid agreement existing t > olwe n himself and the execution defend- Maycr ngalnst Wllkcrflon. Error from Nemaha county. Reversed , Harrison , J. In nn application for n writ of mandamus where Issues of fact are presented for trial , a Judce of the district court cannot allow a peremptory writ at chambers In vacation , The trial of such Issues must boat n scs ion of court in the home forum or place of lit igation. . . . . . 2. Tne trial or issues or lact on nn , appli cation for a ) mandamus is not one in which a Jury may be demanded us a matter of richt , Nye against Bergpr. Appeal frcm Stanton - ton county. Alllrmed. Harrison , J , All the materials for which there arc charges In a claim for a mechanic's lien murt have been furnished ns parts ot one transaction or under one contract for a building or Job of woik. 2. Whcthor all the Items of charges for materials wtre so furnished under a single contract or Home Items oilslng under si > : i- arato and Independent transactions or con tract , have tx n Included in the c'.alm of lien , < nre questions of fact for the Jury or for the court If the case Is tried to the court without n lury. 3. To perfect a mechanic's lien a duly ver ified claim must he- field in the proper oillce nlthln four months from the date of the last article of material furnlbhcd or the U-t labor performed under Ova contract out of which th6 account arista. 4. The finding and Judgment of the trial court In this cause tu-ld supported by thr evidence. Wrljrht acalnat Morse , Error from KoyU county , Afllrmed. Ryan , C , The verdict of a Jury reached on con sideration of merely conflicting evidence will not bo disturbed In the supreme c-urt. 2. An offer to compromise a matter In dispute cannot be given In evidence agalnttt the party by whom such offer was made , 3 , Whcro a party purchased property at an execution sale und paid the purchase price therefor at the request of the execu * tlon defendant to whom such property vaa suborquently delivered , such party is en titled to recover the amount -of such , payr mont from the execution defendant even though the execution sale , Jn law , was unauthorized and void , i < Xndonnl'n S7.5O IS os. lllnclc Cliiy Worsted Sull * , "Tlie Xntloiinl'M" lS.OO Fniic-y Wnrxlrd nml CnnHlntrre Sulln "Tlu C\iitl < > iiur " * ! ) . < > ( > IllKh Grnilc UrcNH built , n nil CHcrc'ontN "The Aalloiiwl'ii" JJ10.50 SultM I ni a Ovvreontft UJ'y a Creditor's Sacrifices of Furnishing Goods. "Willie Laiimlcrcil Shlrtw fy - regular Ode OIICK OOC na.trii Gooil &lir < K , AVhltc- APln anil Fancy , tjU.OO OIICN OvJU Collars 3 for 25c Caffs 10c and 15o pair LIiH'ii Cjv -Oc MIIOJI -t Jfcp - * * ' . * v > v HAxnicKitciiiisr-s ii.i\nicnnciiinpis COc Mlk _ " hlllc OC " HAM ) JCKIl CHIEFS rfSOL. JI.VADICEHCIHEI-'S Oflf < & , . 25c _ | - . _ r.Of OO &LSI > i\D KS i-UC SliSI'C.MJHIlS JWC COc , - , _ Uoo i r- XECKWEAR. wSUC [ XKCKWCAIl J.OU NOTICE the percentage of saving's , which are facts ; as this stock must and will be closed out in a very short time. The expenses of clerk hire , rent and other current ones we ( the creditors ) cannot continue to pay out , in order to sell goods at an actual loss. Our time is limited , so is yours to grasp ' such an opportunity. CREDITOR'S SALE OF THE NOW GOING ON AT 14th asul Bouglas Streets. IN EVERY SEHSE OF THE WORD ? Are You Bearing a Secret Burden Because of Sexual Weakness. ; / / IF VOU ARC , THEN ACCEPT THIS fM A COURSE OF MEDICINE SENT ABSOLUTELY KTCIT man snlTcrlrjr Tror > the oflceU of youthful foilor later f-recMes rpetorej , to VfcllPBCW HJALTU ASH VJOOn. IlematTirt ) Ovcltoo , Lo t ilanho < id. r-rrUcDi ! . Eujlesiout. uua ull JJWecBeii BDdVmtri03 ! C ! of Man. troia htlovrrc-auw , ( ivnupiiomlr BUd pnvpSfly ] CUJ'9' , , , , i. , , , ' . % of . wltfifl bend Uia tumott i'llYBiUlAMS' iMJTlTUTK , i Wcairo , nilcfcript ruurJJuMe. / cents lor iKrttttzo und pacLInz , nne ) our osalnont phyMonii vlll propuro for you a H i > ' ? fhV1'i ' > ? ' 1 ! " , S. t'tS ' tm.n ? th lid vi.nr ( Ut4H TnnvrMnntrA. . VVeBCDd ILl ' lZl.K laintrilUUCH < > IU rtftaftrUCU ' W > aoitroBtinenl. lor LCJW llanbood NCI Ouackerr or C O. I > . Tr ud. We Uovu thouwiid * of tiiMilful leHrr. tbttt P 1M uur ionorul < : e , liberal LuSneai mvtUodt. us well ei our rtmarkaLlo quUk curc . Wo tiare cured caeei tli&t liar * UUllcd oUioin. 1 allure licpo lt > lu br ) oor luotbod. IT COSTS YOU NOTHING TO TRY BT-I couraecd after tr/lue nll.0111 ! ? trctmcow , 1D > oar ? 'lTf.lj.0i [ * J INSTITUTE , 1945 Masoaio Temple , CHICAGO , ILL