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
