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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (April 14, 1898)
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12 THE OMAHA DALLY BEE : THUHSDAY , APRIL-14 , 1808.
' ; > YROUTB , THE NEW MARBLE
Composite Material that Fromitea a
' /leTohUon in Ecnlptnre ,
DISCOVERED BY AN AMERICAN
deoil ftHt > * < l < B < e for tloth Mnrble- and
Bron f K ptrlnien that Ueni-
oaHtrnlv l < Vnlue and
Thu discovery of a material to take the
place ot marble and bronze in sculpture has
atlajf been made. Sculptors for generations
back have sought eagerly for some such sub.
Blanco , but , without avail. Hundreds cf ex
periments have failed ; hur.3reda of ambitious
men have died In disappointment. " And now
to America comes the honor of having solved
the groit problem. George Julian Zolnay ,
himself a sculptor of fame , la the discoverer ,
end ho hag demonstrated IJio value of hla
discovery by a largo number of successful
experiments ? .
Mr. Zolnay Uao produced a plastic material
that eo closely resembles marble In all par
ticulars that experts are puzzled to dete-zi
any dlffercncca and laymen pee none. Thla
substance ho calls "liquefied marble. " It
.fulfills all the requirements of the sculptor
as to dumblll'.y and hardness and form ? a
perfectly imperishable material , way to work
and capable of receiving every delicate line
end curve of the clay model.
ALL ART LOVEIta BENEFIT.
At first glance the Importance of this new
discovery Li upt to bo overlooked by thoac
unfamiliar with the sculptor's art. But Mr ,
Zolnay'o discovery will glvo everybody the
oppportunlty to enjoy the 'best sculptures ;
to have them la his house , or about his
groundu , and enjoy their possession. It will
to method ot hardening platter , but ex
perience of hid own and 'that of other * noon
hewed him he was on the wrong track.
Then ho began the.search for a new com
pound. Experiment followed experiment. He
found hl material and theoretically It
worked as well any reatoner couM wlh ;
but when It came to the , -practical teit the
difficulties seemeJ for a long time In
surmountable. Out the Idea had become a
fixed one , and patience and prcacrvarwo
carried the day and finally IUCCCIR came.
Now , after crucialteitR extending over
Tears , Mr. Zolnay lays claim to full success.
At the World's fair In Chicago he was one
of the chief sculptors at work on the build
ings , and there hi * work was much admired.
At the later Tennessee exposition he had
many statues and portrait busts oa exhibi
tion In the Parthenon , where they attracted
much attention , and In the decorations of the
.buildings there were many samples of his
sculpture In liquefied marble. Mr. Thomas ,
president ot t&c Nashville , Chattanooga &
St. Louis railway ? Vvas so Impressed with
this substance that ho gave Mr. Zolnay a
commission for two allegorical figures ot
heroic slzo for the Nashville statlou. While
these figures are Intended as allegories , the
features are thoco ot well known people , cno
being V. K. Stcvcnuon , the first president
of the road , end the other Charles Grant ,
who for twenty-seven jcars' has been fore *
man of the shops.
One of the Immediate results ot thin new
departure in sculpture was noticed at the
Tennessee exposition. ( Mr. Zolnay heard the
story of Sam lavls ) < the boy scout of the
confederacy , whose courage and high Fenso
of honor puts htm on the same stand as
Nathan Hale , the revolutionary hero , who ,
like the latter , gave his llfo to his cause.
Ho was so greatly Impressed with the sub
Jcct that ho made a portrait bust ot the dead
hero , and It was put on exhibition by the
managers of tne exposition. Aa soon as the
public learned It was made of the nc\v
material , and could be duplicated at a reason
able price , the demand for statues ot Davis
was very large. This straw shows that
people wa-at sculptures , and that when they
are brought within their reach they will
have them ,
Mr. Zolnay has statues and portrait busts
in nearly every country In Europe. In this
THE INVENTOR. AND SOME OP HIS PYUOLITH SCULPTURE.
bring the "art beautiful" within the reash
ot slender purses and not confine statuary
to the galleries of millionaires and public
* museums. .
This liquefied marble , or pyrollth , as the
name Implies , Is first compounded In a liquid
state , and then , by Berne chemical action
which Mr. ZoVnay fcr the present keeps a
- secret , returns to Its original state. Ono of
the most remarkable facts about thla process
1s that In BRiln solidifying , the substance re-
itakes and retains that peculiar transparency
which makes marble the highest medium for
a representation ot the human form. The
Inability to preserve thla feature has been
the stumbling block over which nearly all
other seekers for a substitute for marble
have tripped. Marble la admittedly the
Ibcat material tbo world affordB for preserv
ing tbo creative imagination of tbe sculptor ,
and next to that bronze la considered the
most desirable and durable. The labor and
expense In using either of I'.heeo materials Is
enormous , and the loss ot Leauty and Intent ,
as planned by the sculptor lu transferring
from the moid of perishable lay or plaster
to the durable sub3tanccs , Is far greater than
Is commonly believed. The methods Mr.
Zolnay follows In his art arc slmlMr to those
pursued by all sculptors up to the point
where bronze or marble Is called into use.
Then 'his course Is different and tho. liquefied
marble is used. With the substitution ot
pyrollth every line , the faintest curve , and
the most delicate tracing In solt and pliable
clay Is preserved. Just as the sculptor fash
ioned U. Moreover the coat ot production
Is greatly lessened. As every one knows ,
the real creation of the sculptor himself Is
the clay or wax In which ho moJels. On thla
is expended all his talent and genius. But ,
unfortunately , clay dries and cracks and wax
becomes soft nd Is liable to any number
ot misfortunes. Hence , as soon as finished ,
the clay or wax model la cast In plaster , a
less perishable substance , but one that with
stands few of the accidents ot dally use.
Many attempts have been made to harden
plaster to a point ot durability , but all efforts
have been hitherto futile. . Terra cotta haa
been tried aad a thousand and ono other
materials and compounds , but none came to
wactlcal value until Mr. Zolnay made his
bappy discovery. Thus tbe sculptor has been
thrown back upon bronze or marble It he
desires his work to survive. If he decided
upon bronze his plaster cast has been cut
Into sections , molded In sand , and when the
bronze U cast the pieces are fastened to
gether , with a consequent loss , much or little
as the ease may be , ot the original design.
It marble has been chosen the plaster cast
has been turned over to workmen and the
mercies ot a machine called a "pointing ma
SCULPTORS DO NOT HEALTHY SCULP.
It may be a surprise to many to learn
that a sculptor dots not stand with chisel
and .hammer before a lough-hewn block of
stone and chip away until the etatue grows
beneath hla blows Into the semblance ot his
Ideal , but such Is tbe fact. With the com
pletion of the potter's clay model tbe
sculptor's work is done. It Is easy to see
how much of the Inspiration and technique
tnay be lost In the later processes entrusted
to men whose only Incentive to work Is tbd
day's wages. It Is Into thin breach that Mr.
Zolnay comes with his liquid marble. Into
the plaster casts , which are exact molds ot
the original , tbe liquid marble Is poured.
The substance fills every crevlco and takes
to Itself , In hardening , absolute fidelity to the
original. This Is a process ot hours ;
bronze and marble require days. With the
Utter materials the making of duplicates Is
ss costly and expensive as the making ot tbe
first copr of the original ; but by Mr.
Zolnay's method duplicates may be msde
rapidly and In as large s number as may
be desired , at a low cost compared with tbo
other methods. With each successive copy
in natural marble tbe enthusiasm ot the
sculptor snd bis assistants Is almost sure
to wane ; the. subject baa lost its novelty
and lack ot Interest will show In the detail
work. With tbe use ot pyrollth there Is no
chance for human frailties ot this nature to
creep in. 'So long as the plaster cast holda
together exact copies may bo made , each one
a faithful reproduction of the original in all
Its details. , .
S SPLENDID QUALITIES.
. | 'this quality that will bring great ad
vantage to tbe publlo and bids fair to restore -
store sculpture to a popularity U has not
sojoyed since the great period of Grecian art ,
With statuary reduced In price to about one.
.eighth It * present cost , people will be able
( a surround themselves with objects thai
. promote , a , , sense ot tbo beautiful and
sculpture will again to a potent factor Ir
civilization. Tke discovery or Invention ol
Mr. Zolsay Is the result of years ot bard
work , with a fixed purpose always pailsAtl )
. ; | t rst kt t rss4 kta atteaUM
country his name Is familiar In all a
centers , and specimens of hU portraiture
liquefied marble adorn many homes at
CAREER OF THE INVENTOR.
'By ' birth Mr. Zolnay Is a Hungarian , tl
descendant of a family of warriors , and for
tlmo he served as an officer himself In
crack regiment of cavalry. But the Joy
sticking his hinds in mud overcame h
liking for a military life and he relinquish !
that career to become a sculptor. For
tlmo parental displeasure made the chol
one of hardship , but finally the tide turm
and the young man. was able to pursue h
L'ludlei ) In the ; beat schools of Europe ai
under the best master * "At ter several yea
ot eucceea Mr. .Zolnay was Induced by t
United States consul , general at Vienna
undertake some work for the World's fa !
His Bohemian Instincts were aroused by t :
offer and he came to America , Intending
return at the close of the fair. ' "But , " I
tays , "I like the people , tbe country , an
above all , Ito Institutions ot liberty. " I
IB stayed and Intends to make New Yo
Ills home for the future , as It has been f
the past few years.
Mr. Zoluay la a hard , persistent work <
inthuulast In his profession. Tar recre
tlon he turns to the \lolln , an Instrume
that he plays with extraordinary skill. I
deed , hla love for music has been tbe reas
of one of his greatest successes. Lookl
at the many portrait busts of tmch oauslcia
is Mozart , Ohopln and others , he waa stru
by the lack of feeling expressed in the
and resolved -undertake for his own satl
faction a series of busts that would ma
people feel the work of these artists , us th
gazed at the stone ; in other words , to brl
them spiritually Into evidence. Four tlm
bo modeled Beethoven until he had tbo e
presston of the man who wrote the wondcrl
Ninth Symphony , Next he caught the rm
ancholy trait of Mozart , the genius w
died In abject misery , and made'a statue
Chopin that eecMed In keeping with the i
lined , almost frfmlnlne 'character of hla ere
lions. The uarf tstlo succera of these ere
tlons was eo great that Mr. Zolnay declai
it was one OT the strongest factors in t
pursuit of an Imperishable material.
felt , ho says , "that the artist had a miral
to fulfill by bringing 'his work within t
reach of the masses , and today I look wl
satisfaction upon all the work and anxlt
and sleepless nlghta I have devoted to t
production of thla compound.
Air. Zolnay will have charge of all 1
sculpture connected with the- coming Trot
mlwlsslppl Exposition at Omaha. Many
the largest figures that will be put up thi
will be made oslht ezd8a"werbrltl.orfc
will be made of hla liquid marble.
The farmer . the mechanic and the blcyi
rider are liable to unexpected cuts a
bruises. DoWltfa Witch Hazel Salve Is t
best thing to keep on hand.Mt heals qulcl
and la a well known euro tor piles.
Nerr Theory of Crime.
Mrs. DePaster entered the store app
ently as well as usual , relates the Detr
But fho had not proceeded a dozen pa <
when she suddenly tottered , paled and et
a bolt of silk.
The lady was conveyed to her borne
once cndi a doctor summoned la all has
and hoped are held out that she will speed
be able to bo about -with her customary
epect for the rights ot property.
No soap can be any better than an
absolutely pure aoap. Tbe most
free from In
THI MIT MAP
IVISMMIHI J2f 5 *
MAS PMI H
MMMM t ( MM MMM (
" "j - * . , ' - . ' " " *
if. " , -
ASIATIC SQUADRON- ACTIVE
Oommodcra Dewey Lome Ifo Time in
Irepariog for Bmln'ew ,
GETS ITSELF IN SHAPE FOR OPERATION
Aiiemttte * nt lion * Ken * In
ae * to Move an Mnnlln im
Event of tWnr tvlik
Spain Over Cuba.
( Copyright , 1SS8 , by the Attocintcd freti. )
HOKQ KONO , March 16. On Saturday ,
February 26 , Commodore Dewey , command *
ing the United States Astatic squadron , re
ceived important advices and orders from
Washington. A consultation of commanding
oincerfl was held , and prompt action was
taken to collect the United , States squadron
at this port and put It In the highest possi
ble state of readiness.
The failed Stated crulsef Concord , which
had just arrived on this station , had teen
sent to Chemulpo , Corea , to relieve the
cruiser Boston , which had been lying there
five months. Both the ships were ordered
to proceed here with the utmoat'dtapatch.
The question of coaling the fleet in Hong
Kong was a serious one. All the good coal
on hand In all the ports of India , China and
the restl or the far east had been bou&bt up
by the British admiralty , in anticipation of
trouble with Germany or Russia ,
The Germans had , however , secured 1,000
torn of Cardiff coal which was telng held
here for them. They cabled that day that
they would , not need the coal. The pay
master of the American fleet beard of this
and promptly snapped It up. It was Just
about enough to nil up tbo bunkers of the
United States cruisers Olympla and Halclgh
and the United States gunboat Petrel. This
was gotten 0:1 board In rapid fashion , the
ships coaling all night In t'omo cases. All
repair work on the engines ashore waa
stopped , and everything \\as got In readi
ness to leave In a few hours.
Since then the necessary dally expenditure
of coal has bean replaced promptly , so that
the squadron has full bunkers all tbe time.
When the American commodore cabled for
the Boston and Concord , to lay oft Chemulpo
the ordew to come hero were totally unex
pected. Yet the t\\o shlpo were able to
start the next day , Monday , February 28 ,
and Friday morning the people of Hens
Kong were astonlahed to find that they had
arrived at midnight , having made the run
of over 1,300 miles In leas than four da > s ,
and at an average speed of over fourteen
knots. This was a remarkable performance ,
and the Boston carried off the honors.
SHIPS ARE UEAtY ) TO SAIL , .
Commodore Dewey's live cruisers are ready
andrdiould the- Spanish
to sail In a few hours ,
ish Imbroglio lead to hostilities , a dash
across the China sea of 700 miles would put
the United States fleet la possession of
Although the Spaniards have seventeen
vessels doing duty in theoo waters ; most1 of
them are In reality tug boats , of 200 tons
displacement , with only two modern cruisers
of about 3,000 tons. The latter could easily
bo handled by the Raleigh or Boston.
At the clcse of the last revolution In the
Philippine Islands several of the old lead
ers sought asylum In Hong Kong. Promptly
on the receipt of the news of the extreme
strained relations between the United States
and Spain these men disappeared from their
old haunts In thlo city and now a violent re
bellion has broken out In the provinces near
Immediately after the receipt of news of
the outbreak the land wires between Manilla
and Bollnaos , where the cable lands from
Hong Kong , were-cut , which rendered impos
sible the gathering of any reliable news of
affairs Jn 'Manila. '
Five" days ago a report came that an
English telegraph operator had been shot
by the Insurgents near Bollnaos. The British
cruiser Edgar , then lying at Hong" Kong,1 was
hurriedly dispatched to investigate' the
maitter. It Is now In Manila , but has not
made any report qt affairs.
On March 7 the squadron commanded by
Prince Henry ot Prussia arrived after its
long and vexatious cruise from Kiel. The
prlnco flies the flag of a rear admiral from
the old battleship DeutMhland , and has the
cruiser Gcflon In company with him. He
has naturally been tbe ) subject of a great
deal of curiosity , and has been much feted
officially and socially. Throughout it all he
haa borne himself with ouch dignity and
good fellowship that there who were Inclined
to smile have ended by admiring him and
becoming loud In hlo praise-
The fleets ot all tbe powers in these waters
are being strengthened enormously. Clcaely
following the Brltlstt'-'flnit 'cUss cruiser
Powerful has come ? the , 'British battleship
Barfleur , with another battleship , the
Victorious , on Its way out. A few days age
the powerful battleships of , Uurola , the
Navuml ami Sissorg Valekl , nrriyed In Hong
Kong and 'are coaling , beforei proceeding to
Port Arthur. Their great * first 'class cruiser
the Ilossla. In reply to which. England bad
to build the Powerful , of- slightly greater
tonnage and speed , also arrived ofe the station
a few weeks ago. The French are sending o
battleship and , a first tlass cruiser.
All eorta of vaguo'rurnor * are pasting about
as to threatened revolts tjn the Interior ol
China , ona ot the moat substantial being thai
the old black flags who were disbanded aftei
the late war between China arjdjFrance arc
gathering together to Indulge In a revolt on
their own account , It certain old. claims of
thtlri are not settled by the Imperial gov
ernment. Report * MJTI that troop * are be
ing nuMred on both aide * ot the Tonquln-
Bill for AnxllUrr Jtarnl Fore * .
WASHINGTON , April 13. Senator Hate
hat Introduced a joint rctolutlon , at the
Instance of the Navy department , providing
for an auxiliary naval force tor coaat defense
to be enrolled In * uch numbers as the presi
dent may direct and , to serve for one year.i
The resolution provides that officers ba se
lected from merchant vessels.
SUPREME : coimv IMIOCEBDI.-UIS.
LINCOLN , April tS-Court met pursuant
to adjournment. John A , Miller , Robert J.
Sloan , George HJ.nisser and E. W. Hale
were admitted toipractice. Smith against
Beddeo. dismissed ; Missouri Pacific Rait-
way Company against I-nu , order of re-
vlvor ; Baldwin aimlnit Ksensky , dismissed
unless plaintiff Btrvefl and flies briefs In
twenty days ; Cummings against Braden ,
dismissed unless A plaintiffs nerve anil ( lie
briefs by June 1. JBeven Valleys Bank
against Wise , dismissed unless plaintiff
serves and flies brlrfs by Jbne 1 ; Kokrs
agnliiHt State cxirel Koupal , State ex rcl
Patterson ngalntt Wenzl , State ex rcl Bar
ton against Frnntz , ilirnuley against Slater ,
advanced ; Sanderson against Gregory ,
Omaha Savings Bank against Phillips , af
firmed ; LauiT against llrown , Estate of
Wltte agnlnst Lederer , dismissed ; Witten
berg1 against Mollyneaux , leave to lllo
amended petition/In-error , bill of excep
tions and briefs ; > Holllga3 against State ,
order suspending sentence ; State ex" rel
Kosewutcr against Holcomb and State ex
rel Homo for Friendless Against Cornell ,
leave to docket.
April 7. Quy T. Graves was admitted to
practice. Glllllan against Hayden , Wlnonn
Savings Bank against Rlc'nter , Simmons
against Alattls and Auburn against Ols-
hauscn. dismissed ; State ex rel Rosewater
njiUnst Holcomb , alternative writ allowed ;
Chase against Omaha Loan and Trust
Company. Northwestern Mutual Llfo Insur
ance Company against Williams , Hanscom
against Lantry , Orient Insurance Company
against Saltord , Hartford Theological
Seminary against Peck , Omaha Loan and
Trust Company against Wolfe , Leuthstrom
nfiilnst Croft , McCulloch against Croft and
Harms against Llttlej3hn , alllrmed ; Mor
ton against Harvey , leave to retllc briefs ;
Klrby against Sfnrader , motion to dismiss
overruled ; Doak. against Reynolds , dis
missed unless plaintiff serves and files
briefs In twenty days ; Scottish American
Mortgage Company against Nye. motion to
strike appraisal overruled ; Selby against
McQulllen , motion to advance * overruled ;
Chcston against Shump , diminution al-
Iswed and dismissed unless appellants glvo
cost bond In twenty days ; Miller agnlnst
Wlte. leave to nle briefs Instanter ; McQraw
against Chicago , Rock Island & Pacific
Railroad Company , leave to flic additional
transcript : Uee Publishing Company
against World Publishing Company , Ogg
against Schultze. leave to tile briefs as per
stipulations ; Itantley against Baker , leave
to file amended petition In error ; AValters
against Wiley , two cases , consolidated ;
Holt against Bllllngsley , leave to file briefs ;
Jones against Stewart , leave to supply rec
ord and amend petition In error ; State
against Howard Paul , leave to docket.
April 8. Nelson against State , reversed ;
Bear against Nellson. Huscnetter against
Satig , Chirk , against Chrlstman , Tnompson
against Hanson , Thompson against Waters ,
Lee' against Penrod , Spacht against Custer
County , Stull against Reglcr. Smith against
Andrews , Iowa Loan and Trust Company
against Wells , Union Central Llfo Insur
ance Company against Tusslng , Scoutt
against Keck , Bell against First National
Bank of York , dismissed ; Rohman against
GaUer , Goodwin against Cunningham , Hill
against Campbell Commission Company ,
Hartford Llfo and Accident Insur
ance Company against Eastman , Holt
County Bank against Holt County , Lancas
ter County against Green and iloore
against State , rehearlnis denied ; Lincoln
Street Railway agnlnst Shugart and Holtze ,
two cases , motions to vacate dismissals
Court adjourned till April 19 , w'nen the
following cases will be called : Zobel against
Rauersachs , Hoyt against Little. Watklns
against Kunchey , Perkins County against
Miller , Twlntlng against Flnley , Brumback
against American Bank , Tighe against
Wlnser , Brown against Sloan , Hellley
against Hunger , State National Bank
against Smith , Tuttle against Omaha ,
Hastings against Barnd , Darner against
Raggett , Nebraska Loan and Building As-
Hoclatton agnlnst' Isabel.Taylor ! , against
Davey. Knight a-jalnat 'Darby , Ponca Mill
'Company ' agalnsU Mtlresel ] , Royal Trust
Company against ? Exchange Bank , Ailing
against Nelson , Lewis against Holdrege ,
Slmms against Jones- First National Bank
of Sutton against' Grosshans , Farmers and
Merchants' State Bank against Thwnburg ,
Simpson against iState Bank of Ceresco.
Nebraska National Bank against Pennock ,
Collins against Omaha , Chicago , Rock
Island & Pacific Railroad Company against
Sturey , Omaha FlreT Insurance Company
against Potac , McDonald against Buck-
staff , Mewls against Skandla Plow Com
pany , Swift against Holubek , Hayden
against Frederlckaon , Lecder against State ,
State ex rcl Smyth1 against Moores , Cor
against Board ofiFirc and Police Commis
sioners ; Wlttenburi ? against Mollyneaux ,
State * ex rel Patterson aialnst Wenzl ,
United States National Bank against Geer.
Attorneys will . -please take notice that
hereafter applications for leave to file
briefs must be by Motion , upon nptlce , as
provided by rule 6. 8
Herzka- against Blake- . Error from Doug
las county. Affirmed. Norval , J.
1. A verdict based- upon conflicting- evi
dence will not be disturbed.
2. Rejection of the lease offered In evi
dence in fnis case held not prejudicial
3. Instructions not'argued In the brief of
plaintiff In error will not be reviewed.
First National Bank' of Nellgh against
Lancaster. Error from Antelope county.
Reversed. Sullivan , . J.
1. When mandamus is the appropriate
remedy the writ Is 'Issued on the relation
of a private suitor.
2. It Is the duty of an officer who haa
eticil under an order of nttacYiment prop-
rty Claimed to be exempt under Motion Ml
if the Code 'of Civil Procedure to cause
luoh property to be appraised when the
ittachment defendant , belrw a resident ot
he state , the head ot a family and without
my V 3me tend exemption , flleji with such
ifflcer or In the , court from which the writ
ssued the proper Inventory and affidavit.
8. Where , upon the filing of nuch Inven-
ory and affidavit , the officer refuse * to
all appraisers1 , n writ of mandamus will
ssuoto compel him to perform t'nat duty ,
knd , pending- the application for the writ ,
he attachment creditor may Intervene and
oln with the officer In resisting the appll-
: atlon. '
4. To entitle an execution or attachment
o n peremptory writ of mandamus against
in officer , w'lio haa seized and refused to
ippralsc property claimed to bo exempt
indcr section K21 aforesaid , he must allege
ind prove. If not admitted , that after the
lelzuro and before the unto be filed with
the officer , or In the court from which t'ne
process Issued , a schedule of his entire per-
lonal estate , together with a sworn state
ment that sucYi schedule Is complete and
correct and that the claimant Is a resident
} f the state , the head ot i family and not
rvossesscd of lands , town lots nor houses *
exempt as a homestead under the laws ot
Howard against Clay county. Error from
31ay county. Affirmed. Norval , J.
1. The propriety or necessity of opening
mil working a section line rend Is com
mitted to the discretion of the county
board , and Its decision Is not subject to
2. Property Is not taken for a public use
without duo process of law , when an oppor
tunity IB afforded the owner to have hla
damages ascertained by adequate and appropriate
propriate- judicial proceedings , and pro
vision Is made for the payment of t'ne
amount there&f prior to the time the prop
erty Is taken ,
3. Section 40. chapter Ixxvlll , Compiled
Statutes , Is embraced within the title of the
act of which It forms a part and Is valid ,
nlthough said section may operate Inci
dentally to modify other laws.
4. Where land has been appropriated for a
public highway an Instruction whlcVi di
rects the Jury to allow the owner full com
pensation for land actually taken and such
ilamn.scs to the residue of the tract us arc
equivalent to the diminution of t'ne value
thereof Is not unfavorable to him.
B. A cause will not be reversed for the
refusal of n proper Instruction , where an
Instruction fully an favorable to the com
plaining party covering the same point has
been Riven by the court on Its own motion.
6. Where there Is a conflict In the cvl-
ilencn ns to the amount of damages sus
tained by n land owner by reason of the ap
propriation of his land for a public rend ,
this court will not Intcrefere with the ver
dict on the ground that the damages
Awarded bv t'ne Jury arc Inadequate.
Omaha Flro Insurance Company against
Sinnott. Error from Dakota county. Af
firmed. Ryan , C.
Where a tenant had only removed a portion
tion of his furniture from an Insured tene
ment house at the time of Its destruction
by fire the finding of a jury adverse to the
contention of the Insurance company t'nat ,
at the time of the loss , the house was un
occupied In violation of the terms of the
policy , will not be disturbed ns being with
out sufficient evidence to sustain It.
Western 'Manufacturing Company against
Rogers. Error from Hall county. Reversed.
Norvnl , J.
1. A promissory note or contract cannot
t > e varied , qualified or contradicted by evl-
lence of , a prior on contemporaneous agree
ment resting In parol.
2. A memorandum Indorsed on n promis
sory note , to the effect that the promh ;
may U ? discharged by substitution of other
obligations of the makers ivUthln a River
time I ? for the benefit of the makers and II
they fall to avail themselves of the privilege
Dr option within the prescribed period ths
note becomes absolute and a recovery maybe
bo had thereon , after maturity , accofdlng tc
Its losal import.
3. Whers , on the trial , the defendant ad
mits on the. record full liability on a cause
of action set forth In the petition , It Is er
ror to refuse nn Instruction tendered to flnO
for plaintiff ns to such cause of action.
4. The Interpretation ot a written contrncl
Is for the court and not the Jury , when It I ;
capable of belnu construed' ' by Its terms
alone , unaided by extrinsic facts.
Miller against Meeker. Error from Cas :
county. Reversed. Norval , J.
1. When an action Is properly brought be
fore a Justice of the peace of ono counts
summons may Issue to any other county tt
bring In other parties defendant.
2. In n personal action Hsrvlceof summon !
In a county where- suit Is brought upon i
nominal defendant merely , whojias no sub
stantlal Interest In the subject of the sull
adverse to the .plaintiff , does not confer au
thority upon the court to Issue , a summon !
to another county for n real defendant.
3. The Jurisdiction of n Justice's court If
Inferior and limited and1 to support a Judgment -
ment of that court the record must afflrma.
tlvely show Jurisdiction over the person ol
Bailey against Eastman. Error frorr
Dnwes county. Dismissed. Harrison , C. J
A petition In error will bo dismissed frorr
this court if no transcript of the record ir
the trial court , authenticated bv the cer
tlflcate of the clerk of such court , Is filed Ir
McKlbben against Harris. Error fron
Dawson county. Affirmed. Ryan , C.
1. In error proceedings It will not be as
sumed that no > bill of particulars had ber
for dainty table disheo.
I10 cil WINE OF CARDUI
ieI I13 GREAT DISCOVERIES
in RIDCBWAY , S. C. , Oct. istb , 1897.
ieh : I wish to write a few words in regard to Thedford's
ty .Black-Draught and McElree's Wine of Cardui. My
te wife , was Buffering from falling of tbe womb and
10 entire suppression of the menses. After using one
3- bottle of Wine'of Cardui and a little Black-Draught
3Dt -She is almost perfectly cured. These medicines are
reo indeed a boon to women. The Great Spirit must
have planted or discovered them.
Ie J. G. WASHINGTON.
id ie PEORIA , Ky. , Nov. 7th , 1897.
I have used Wine of Cardui and Black-Draught
at .Intervals for fifteen years , and can say they bring
tne relief , quicker than any medicine I ever toe k. I
anTglad to recommend them to all my friends.
SUSAN E. TJLMORE.
' This century has brought some-wonderful discoveries and Inventions to
the attention of the world. But no one of these is more important to the
women of America than the discovery of McElree's Wine of Cardui and its
companion medicine , Thedford's Black-Draught. These simple remedies
have given good health to more suJfeetog women than all other medicines of
their class put together. Their introduction has revolutionized the manner
of treatment of female diseases. 'Ita * ao longer necessary for a modest woman
to submit' to abhorrent local examtostions from an incompetent or unscrupu
lous physician when she has sickaeM peculiar to her sex. " Women can get
Wine of Cardui at 'any drug store , ted fake it In the privacy of their own
bones. And there to nothing like. * * popular medicine to relieve and cure
affikcd women. It to nature's , best gift to
IMHU * MVMMV wonvai You are invited to give it serial.
i of Cardui ob t l.OO per
bolt * . Tlwdfor * ' * Blaok-Dr iiht ,
j&B&ii&pftj \ -f <
& $ &
flitd with a justice of th * prnc before he
rendered the Judgment nsrallra. when , bi >
Tore nald Judgment no men question was
2. In error proceeding * prosecuted by n
defendant to procure the reversal of a Judg.
ix-nt rendered niralnat him on default , by a
Itiallen of the jxmce , prejudicial error will
lot bo presumed from the mere fact that
the. Indorsement of the summons wn thnt
judgment In cimc of default would be for a
certain nurn with Intercut , when , on the faca
of the tummoiis , thcrA wan a recitation that
Intcrent was claimed nt 10 per cent per an
num : this rate with the principal Justifying
n Judgment In excess of that actually ren
Orctna Stnto llnnV aKitlnst Ornliow. Error
from Surpy county. Affirmed. Ilngan , G.
The record pre ont no question of law.
Evidence examined and held Jo sustain the
finding of the district court
iMcCormlck Harvester Machine Company
ngatnat tteirler. Error from York county *
Afllrmed. Hngnn , C. ' < r < 4
L Evidence examined nnd ! held to.eutteJil
Inn finding of the district court ,
2. A guarantor U entitled to xtand upon
the letter of hi * contract ; hln guaranty Is )
rot to bei extended by n strained construc
tion or an unmcensary Implication from the
language used ; his liability must bo found
In the very language of hla agreement or U
will not exist.
Schmidt ngalnst Doyle. Appeal frorai
Douglua county. Afllrmed. Per curlrwn.
The constitutional provision which * de
claren that "the right > to bo heard In alt
civil cases In the court of lant resort by ap.
P < al , error or othwwlie , " loc riot prevent
this court from preocrlblng such reasonabla
rules an are deemed cvsentliU lo the1 prompt
and orderly disposition of causes brought
here for review , nor Is the refusal to per * . > -
mlt oral arguments vlolatlvo of the conslU
ABBOTT LOBING'S GERH-KILLER INHALANT
AND ANTI-GERM INHALER CURE
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Read the proof.
Writing from her home on Thirtieth ave
nue , Mrs. Emma Huntley Watrous says > :
OMAHA , Keb. , March 15 , 1S9S.
Lorlng & Co. ,
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procured a sample and later u complete
home treatment a.id have been practically
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formerly , and my hearing is restored. Ab
bott Lorlng's derm-Killer for Inhalation la
an honest , effective remedy. Yours truly ,
EMMA HUNTLI3Y WATltOUS.
COMPLETU HOME TREATMENT.
This treatment , coru > ! rtng | of Loring's
Germ-Killer tor Inhalahiti and Abbott Lor-
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Koi * come chronic and spasmodic diseases
which require special - treatment , upt-clal
medicines have bottK-prferirpd by our phy
sicians and clicmi B.S ! > > oJJSpecl.il Medlclno
For Tonsllltis , Laryngitis , Catarrhal Deaf
ness , Hay Kover and Diphtheria. Price. GO
cents. No , 2 Special Medicine For Con
sumption and Bronchitis. Price , 50 cents.
No. 3 Special Medicine For Asthma , Whoop
ing Cough nnd Croup. Price , 50 cents. Anti
septic Gauze For use In the Inhaler. U-
yard , 40 cents ; ' ,6-ynrd , 75 cents ; 1 yard , $1.50.
Anti-Germ Balm An antiseptic preparation
for external application , whlc- ! takes tlio
sorcnc&s out of the lungs , hastens the cure
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troubles nnd cures Cracked Lips , Chapped
Hands nnd Eczema. Price , 23 cents.
LOIUNO'S QKRM-KtLLKR TABLETS.
The wonderful Germ-Killer element dis
covered by Abbott Lorlng Is contained In
each of the Abbott Lorlnc Germ-Killer Tali-
lets. It constitutes the basis of the medi
cine. Its ' . \onderful and marvelous active
principle has never before been offered to
the publlo In any remedy. It forms a most
Important constituent part ot the remedy
and Is united with other scientific , up-to-date
curative medicines In onjer to obtain quick
control of the sympto-ms nnd conditions In
cident to such ailment. It has been abund
antly proven that any on.o ot the Germ-
Killer remedies quickly gains control over
the system , ana cxporluncn shows that cacti
remedy effects n complete guru ot the dls-
pafo , for'the ' treatment of which It Nfliipclal-
ly prepared. The governing principle- the
derm-Killer remedies Is In perfect harmony
with the principles of that greatest of nil
Physician ? , Nature , In curlntf disease. Bcml
for book giving history ot Abbott Lorlng'H
strange discovery , Its Interesting nnd mys
terious origin nnd Its aomUrful curatlvo
power. It Is a product of the Itocntgen or X
ray and you Miould know all about It. The
book Is sent free.
When catarrh Is deep-seated in the stomach
ach or bowels , where ozone does not pene
trate. Lorlng's Germ-Killer Dyspepsia Tab-
leta should be used. They quickly control
the digestive functions nnd Immediate bene
fits follc'.v. No other dyspopMn medicine can
Lorlrg's Oorm-KU'er . 'ysrepsta Tablets
50 cents a. box.
Lorlng'B Gcrm-KIKcr Rheumatism Tablets.
BO cents a box.
Lorlnc'd Germ-Killer Heart Tablets , $2.00 a
box.Lorlng's Germ-Killer Laxative Tablets , 60
cents a box.
Don't i kip this It Is for your good. Every
enterprising druggrst carries all our other
remedies In stock. Insist en icplng Lorlng'rt
Inhaler. If you see It you will not want any
Our book furnished with the Inhaler -will
( T.vo you full Information. It Is the Germ-
Killer Medicine that cures.
Abbott Lorlng's 23-ccnt book on "Dlseascn
of the Throat. Lungs , Chest and Head and
How tor Cure Them , " sent free , -Alth full In-
f-rmatlon about treatment , a'l postpaid.
Wrlto us fully about your cane and wo will
ndvlse you RREI3 OF C1IAHGU Tills
treatment Is cheap. You crin get It by mall-
po tpald. You can take It at home. Ordej :
now and prevent delay.
Mention department number below on your
envelope when you write. Use only itho
Loring & Co. , D@pt. 138
Nas. CS-CO Wnbaah Avc. , Chlcngp. . '
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A. FAIR FACE CANNOT ATONE FOR AN
UNTIDY HOUSE. " USE
A New Serial Story.
Ashes of Empire
By Robert W. Chambers
Author of "The Rod Rapublto , " "Tho Mystory"6TChoico , " "Lorralno , " etc , ,
will appear In The Omaha Sunday Boo ,
Beginning April 24.
The New York Sun says of Mr. Chambers : "Ho never draws a woalf
or uninteresting character. They are all fascinating : . "
Richard II. Stodtlnrd writes : "Whoever has read him will see the
hand of tbo raaater story-toller. "
The Literary World ( London ) says : "Mr Chambers Is a past , muster
in the art of sending the blood coursing in purest sympathy with.
the fortunqa or exploits of his puppets. "
"Ashes of Empire" is a story of the same qualities
as "Lorraine , " which drew from the critics the high pralso above
Its opening chapter describes the flight of the Em
press Eugenlo from Paris aftoi- the disaster of Sedan (1870) ( ) . Two
young Frenchwomen , sisters Yolotto and Hlldo are Incidentally
introduced. Two young English war correspondents Burke ana
Harowood also appear , us accessories to the escape of the Empress.
Around these four leading characters Mr. Chambers has woven u ro
mantle love story or rather two love stories In ono.
The siege ot Paris serves as the background and many
described with a dramatic power that
of its most stirring scones are
recalls Victor Hugojp famous pen-pictures of older battlefields. The
chapter which give * an account of ono of the great sortie * inudo by the
garrison of the besieged city and the battle of Lo Dourgct , which fol
lowed , will quicken the pulse of every reader.
The two young war correspondents become sepa
rated in the pursuit of their respective duties ; and the house in which
Yolotto and Hlldo have their homo Is sacked by the Germans ; and ono
of the two sisters is carried of ! by Speyor , a Gorman spy , Harowood
is wounded in the battle and Is can-led to the Nanterro fort. . A pro
fessional criminal known as "Tho Mouse" and his pals , "Blbl" and.
"Mon Onolo , " play minor but interesting parts in the complications
that follow , and their characters are portrayed with the skill which
Mr. Chambers acquired by his long rosldenco In Paris and his eloso
study of Parisian typos. The story is brought to a pleasant conclusion
with the reunion of the two war correspondents , and their marrlago to
Yolctto and Hiluo.
Eactj installment of "Ashes of Empire' *
will be effectively illustrated by competent
artists. It will be one of the great serial
stories of the year. <
Ojiiaha Sunday Bee
J - - Buy it ! Read it !
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