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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Sept. 30, 1898)
rVNfATTA Tk A TTV HTTP . FT7THAV aTVPTT/M"mR XO. n THE OMAHA DAILY 3JEE : FRIDAT , SEPTEMBER 30. 1898 , WEBSTER AS A PARTY PATRIOT S His false Claims Completely Disproved by the Records. DRAWS BIG DIVIDENDS ON PARTY DEVOTION \o Truth In the A iTllon of Jolin AVrlmtrr ( hut llr lln Hervi-d Ilo- liuhllcniilxiu Without Honor or Emolument. LINCOLN , Sept. 29. ( Special. ) In his speech before the last meeting of the county central committee nt Omaha John L. Web ster Is reported as having said : "I have devoted twonty-Dve years to work for the republican party without honor or emolu ment and have asked nothing of the party to the present tlmo. " Tbo same Idea has boon assiduously spread by Mr. Webster In every possible way In the self-laudatory biography which the John L. Webster literary bureau has been circulating through the medium of subsi dized republican papers , Mr. Webster has this to say of himself : "As years pass we flnd Mr. Webster occu pying a position of gome prominence as his ability Is recognized by election to the leg islature In 1873 , and two years later by election as a member of the constitutional convention , of which body he had the honor to bo chosen president. From this Intro duction Into the political arena , the repub lican party of the state of Nebraska has found in Mr. Webster nn ardent and untir ing worker , enthusiastically Identified with the Interests of the party In every cam paign , and gives his tlmo and substance to the cause , yet withal , never an ofllccscekcr or an officeholder , while laboring early and late for the success of the parly tlcket > " These repeated boasts of self-sacrificing devotion to the party without return of any kind naturally lead to the question whether or not they are true. Investigation into the records will show that John L. Webster , over since ho entered upon his active career , has been a constant seeker after olllce , has Ucld office ut the hands of the republican party on numerous occasions and has been paid liberally for whatever service ho has rendered the party. Where lie Started. Ho has referred to the fact that he first entered politics In 1873 as a member of the state legislature. Mr. Webster's name Is to bo found on the pay rolls of the legis lature , drawing the same stipend and mile age as every other member of the legisla ture. His service In connection with the constitutional convention of 187G was re warded with the remuneration of (6 a day for every day that the convention was In Bcaslon. Hardly had the now constitution been adopted when John L. Webster emerged as a candidate for congressional honors before the convention held In this city In 1876 , and , although he did not secure the' coveted prlzo , he was none the less an offlccseekcr. From time to time ho came up for various honors at the hands of the party , and upon the election of William J , Broatch to be mayor of Omaha for his first term , Mr. Webster was appointed city attorney and drew tbo usual emolument of $2,500 per year. It was while he was city attorney that the term of the mayor was lengthened by legislative enactment , and the term of the city at torney lengthened at the same time , so that he held this office for two years and a half and drew the salary for that period , to say nothing of other perquisites of the office. Again In 1SS8 Mr. Webster became an oDccnccker nnd contested with W. J. Con- n ell for the delegation from Douglas county to the Convention which was to put In nomination a candidate for congress In this district , and again ho failed to make the nomination. In 1891 Mr. Webster projected himself Into the Boyd-Thayer governorship contest , and , although ho pretended to be acting solely for the good of the republican party , he has openly justified his action by saying that ho was paid for his services In that case. The same IK true with respect to the defense of the Impeached state officials , In which Mr. Webster engaged In 1893 , and repeated claims have been , presented to the legislature to reimburse the Impeached of ficials with the money which they paid out for attorney's fees. 1'illd Him Very Well. Mr. Webster's most- remunerative service to the republican party , however , "iirosc out of his connection with the maximum freight rate case. It will be rcmbered that by come unknown Influence , he got the attorney general to call him into the cases although the law vested solely In the governor the right to call upon special counsel to assist In suits brought against the state , and the lotalulng of Webster was over the protest of Governor Crounse. For his services In defendlnc the maximum rate cases In the United States courts , John L. Webster drew out of the state treasury JIO.OOO. So far as honors are concerned , the polit ical history of Nebraska shows that John L. Webster has been honored beyond his deserts. Twice ho has been sent to na tional conventions on the Nebraska deifi cation , not to mention honors as well us emoluments In the legislature and In the constitutional convention and special re tainers us lecal adviser. Nor should men tlon bo omitted of his various efforts to have himself appointed judge of the fed eral circuit court and even the United States supreme court and his recent efforts to secure the position of attorney general under President McKlnley. The facts in the cose , therefore , are that Mr. Webster's statement that ho has never been an officesecker or an officeholder since the present constitution went Into effect Is not only misleading but false. A careful computation of the money which Mr. Webster has drawn out of the public treasury by favor of the republican party will also show that Instead of serving the party without honor or emolument he bus never done anything for the party ex cept In the expectation of profit and he has been made richer In pocket bv at least $20,000. Thus Is established the Insincerity of hie claims of twenty-flvo years of ) self-sacri ficing devotion to the good of the party. VISITORS' ' NIGHT AT THE CLUB Cxnniln. ' * Immigration Coiiiinlniiluner Sound * Clip'1'ruincN of Manitoba . mill NortlnvuNt Territory. The Dritlsh-Canadlan-Amerlcun club held a rega'sr meeting last evening tn its rooms in the Hamseblock. . It was "visitors' night" and a largo gathering ol club mem ber * and their friends were ou hjtnd to bear the addresses delivered b/ eminent Canadians on topics of especial Interest to those who formerly lived under ihe rule ot the queen. The speaker of the evening was T. 0. Currio of London , Ont. , a member ot tiift Canadian Colonization and Immigration Commliilon. As Mr. Currle has Jus : e. turned from a tour ot Investigation In Mat Itobft and the surrounding provinces , his remarks on the Iramlcratlon question car ried tbo weight of authdrlty. The meeting was presided over by James MoMonles. He Introduced Ihe speaker , whoso subject was , "Manitoba and tba Northwest Territories. " Mr. Currie ro of 'ha states Is now limited nnd for tho' most part useless unless Irrigated. In Manitoba and the adjacent country the ell- mat * , toll and privileges of the homestead laws offer advantages which In the next few years will stem the tldo of Immigra tion to the states and turn It Into north ward channels. Other speakers wrc : II. C. Kuowlton , in charge of the Canadian exhibit at the exposition ; J. C. Duncan , Qrantv , Quebec , and J. F. Kelly. A communication was read from the president of the club , M. A. Hall , the Ilrltlsh vice consul , who U now In Canada arranging for a Canadian day at the exposition , to the effect that such a duy Is almost assured. In connection with this event the club Is tryluc to cr- range to have the Thirteenth regiment military band of Hamilton come to the ex position to play during the final week. GEORGIA EDITORS ARRIVE Several Hours Ilchlud Time , but All In Ciood Spirit * Iloiter of the Party. Although several hours later than the scheduled time , the train bearing the mem bers of the Georgia Press association ar rived In Omaha yesterday afternoon and the visitors , while dusty and tired from their long journey , were yet In good humor and planning to extend their trip to Denver. The newspaper men occupied two Pullman cars attached to the regular train from the south and another car was occupied by Georgians not connected with the associa tion , but who took advantage of the occa sion to rnnko a visit to the exposition. The newspaper party was composed of the following : J. H. Eatlll and wife' of the Savannah Morning News , John Trlplett , Thomasvllle Times-Enterprise ; F. H. Ulch- ardson and John Temple Graves and wife , Atlanta Journal ; B. F. Bennett and Mrs. W. H. Hogue , Sunny South ; J. H. Hutchi son , Eilljay Courier-Sentinel ; S. T. Blalock , Fuyettevlllo News ; W. T. Bankston and wife , Ilinggold New South ; J. M. McDow ell , Canton Advance ; L. H. Brand , Law- rencevllle Times-Herald ; E. W. Born nnd wife , Atlanta Christian Index ; Mrs. E. H. Thornton , Atlanta Southern Cultivator ; W. L. Hodges , Hartwell Sun ; J. M. Spencc , Camilla Clarion ; J. W. Stanford , Cuthbert Leader ; W. A. Burgess and wife , Buchanan Tribune ; B. I. Thornton and wife , Elberton Tribune ; J. 0. Holmes , Culloden Herald ; W. B. Pattillo and wife , Greensboro Her ald ; Mrs. W. E. Adams and C. A. Sanders , Madison Advertiser ; S. W. Murray and Miss Murray , Newman Advertiser ; J. N. Strick land , Thomaston Times ; W. E. Baldwin , Cuthbert Liberal Enterprise ; J. T. Duncan and Miss E. Blosser , Douglasvllle Now South ; W. L. Gilbert and wife , Jonesboro News ; S. M. PIckens and wife. Elberton Star ; J. C. Sawtell and Miss Myrtiss Saw- tell. Griffin Call ; F. D. Lee and wife , Fitz gerald Colony Citizen ; Blon Williams , Woodbury Messenger ; Ben Neal Thornton , Atlanta Constitution ; Miss Maud Penn , Jasper County News ; J. A. Morrow and Miss Morrow , Jonesboro Enterprise ; Clifford Grubbs and wife , irwln County News ; D. C. Bickers. Wesleyan Christian Advocate of Atlanta ; W. H. Shepherd , Baxley Banner ; C. 0. Smith , Upson County Pilot ; L. O. Hardman , Harmony Grove Echo ; Charles Deasley , Cedartown Standard ; E. II. Wise , Madison iladlsonlan ; W. L. Glessner ; C. H. Johnson and wife , Flowery Branch Jour nal ; \V. S. N. Neal , Marietta Journal ; n. M. Bryan , Sllvanla Press ; T. L. Anderson Statesboro Times ; W. W. Wilson , Buford Plow Boy. The excursion la a Dart of the regular program of the annual meeting of the asso ciation. The meeting was called to order nt Atlanta on Tuesday morning and that day was spent In transacting routine busi ness. At S:30 : that evenlne the members of the association left Atlanta on their Journey to this city , reaching here at 3 o clock yesterday afternoon. The trip was without special Incident , but the members all riported a pleasant time en route. The editors will take a prominent part In the Georgia day exercises at the exposition today , no less than three of them being down for addresses In that connection. They are thinking of extending their trip to Denver. If this should bo decided upon they will probably leave hero Sunday otherwise , they will not start for home until some time next week. ICdlton Here. A large party of newspaper men from the Ozark region. Missouri , arrived In the city yesterday to remain until Sunday night as guests of the exposition management. They represent the Southwest Missouri Press as sociation , an organization of considerable Influence In that portion of the state and with their wives number about fifty. Their meeting point was Springfield. Mo. , which they left yesterday on a special car over the 'Frisco line to Kansas City. They were equally well treated by the Burlington. which carried them the remaining distance The party will attempt to hold no exercises and will manifest Itself In no formal way the time will simply bo spent In viewing the big show. The Mlssourlans are quite proud of their mineral nnd horticultural display at the exposition , which has been under the direction of a. A. Atwood. ed itor of the Southwest , a leading horti cultural paper of Missouri. The president of the association , James T. Barbee of the Ashgrovo Commonwealth , la of the party , as Is also the secretary , T. J. Bradshaw of the Lebanon Rustic. Mr. Bradshaw was to a considerable extent the political agent of n. P. Dland and was at the Chicago convention In that capacity. ' Other prominent papers ore represented br the following : H. Clay Neville. Springfield Leador-Demoorat ; C. Y. Van Hosen. Spring field Morning Republican ; J. M. A. Truex west Plains Journal ; Phil s. Orlfilth arcenfield Advocate ; C. E. Bowles. Green- noldidctte. . The following newspaper .hCn0n leVh ° Mrtr : J' w' Shannon. M Marshfleld ; w. H. Beattle , St. Joseph ; J. 0. Johnaon. Ayr ; C. J. Hamilton , Kansas City ; B. S. Gler. St. Louis : Phil A. Griffith Greenfield ; W. A. Martin. Liberal ; James rdlhS" ; , Mr'"taln ' Grov8 : P- JWiseman. . nichflcld ; I. S. Jones. Republic ; J. T. Brad lhaw. A. W. Bradahaw. A. M. Helfner. Jer- ice Springs ; j. w. Shannon Marshfleld. Mueller ArrnlKnt-d for A * uult. 2. M.ue.ucr > the Proprietor of Schlltz's pavilion at the exposition grounds , was ar- ranped before Justice of the Peace W. A Foiter yesterday on a charge sworn out by Henry B. Engstedt. an exposition guard. The charge was assault with Intent to do great bodily Injury. The trouble between the two men occurred a few davs ago , originating In a request made by Engstedt of Mueller one night after midnight to clrso his place of business , as It was after closing time. Mueller resented the guard's Interference nnd from hot words they came to blows , with the result that Engatedt was badly Injured. Mueller was put under J500 bonds to appear for trial October 6. To I.lvtM'ell nnd Itiipitlljr Use "Garland" Stoves and Ranges. MnrrlnuiI.lcrnirv. . County Judge- Baxter issued the following marriage licenses yesterday : Name and Residence. Age , John Ileska. Omaha. , , , . , ' . , 2S llosu Fldler , Omaha . 22 Daniel E. Grommons , Qroakfield , Mb. . . , 56 Mr . Jennie Clemments , Drookfield , Mo , , 37 fetry E. Butler , Clarlnda , la . , 25 Jinnle Scott , Clarlnda , la . SO Vligll C Wolfe , Victor , Cole . % . . . . ni Po'pthi Dahlhotf , Port Crescent , W4eh. . . 28 orfolk. Neh. . . , , . . . . ! . . ; g 'ART ' ' CONGRESS IN SESSION Another of the Year's Educational Conven tions Begins Its Work , LORADO TAFT THE PRESIDING OFFICER Sninll CJnthprliiK < ' Lover * of thu Ilrnutlful Ilcnr Ilulph ClnrkMou Toll nf Criticism mill Aliprc- clutlon of riotiircn. Another nlcho In the educational history of the Transmlsslsslppl Bxpoaltlon year la being filled during the last half of this week by the Art congress at the First Con gregational church. The first session of the congress was held yesterday afternoon and > the remaining sessions will be held this morning , afternoon and evening and tomor row morning and afternoon. A program of lectures by eminent artists has been arranged for the two day . Judging from the Ini tiatory lecture yesterday afternoon the con gress will bo full of Instruction and enjoy ment for the lovers of art of the city and can be 111 afforded to bo missed by them. When Chairman Paul Charlton of the local committee called the session to order there wafv a rather slim nudlcncc In attendance. Mrs. W.V. . Koysor , who as chairman of the educational committee WIIB largely In strumental In making possible the congress , welcomed the visiting artists and In the course of nor remarks said : "Ono would Judge from the size of this audlonco that thire Is no art spirit In Omaha , but such a spirit Is here. It Is coming from 300 and more school rooms , from at least one private art gallery , from an art school that is soon to bo started and from the art department of the NS'oman's club. There fore , In behalf of the educational committee , the art department of the Woman's club and of all in Omaha who &tuud up for art I welcome our visitors who have BO gener ously given themselves for our enlighten ment. .It Is an honor to have them here. " Chairman Charlton Introduced Lorndo Taft of Chicago as chairman of the congress. Mr. Taft made a. few pleasing remarks In assuming the position. Ho declared thut ho as well as other artists of Chicago have bad a growing deslro to visit the western cities in the in terests of art and therefore gladly availed hlnuclf of the opportunity to come to Omaha. Ho declared that In his travels through the west ho had found that there were many , particularly women , who were yearning for a knowledge of the flno arts. To such In Omaha ho bid a hearty welcome to attend the features that will bo provided. He pre sented as 'tho ' lecturer of tftc afternoon Ralph Clarksou of Chicago , whose topic was "How to Judge a Picture and How to Enjoy It. " Iilcnn of mi Artlxt. Artist Clarkson declared that the present attitude of the public Is prejudicial to the Interests of art , as there Is a tendency toward superficial criticism to pick out the faults and flaws of n picture and overlook tii * beauties It contains. Yet It Is possible to become n competent and Intelligent critic , but possibly only through an Intelligent study of nature and of art. "People see objects of natpre with the eye , " said Mr. Clarkson , "and think that they know them. As a matter of fact their view has been superficial and Is of the bare outline. Llttlo of what we sec Is observed. The eye requires as much attention as the hand that draws a line. Men are too busy and neglect the artistic for the practical. Yet they dare to pass Judgment on a pic ture because it does not look like nature. It Is necessary that you should study nature , and obsurvo nature under nil Its conditions , for It Is never twice alike. "You must cultivate your artistic tastes by beautiful surroundings. After nature study pictures. Be sure and associate with the best. If you can , own a picture at pres ent beyond your appreciation. Ono thing you must avoid. If .told that a picture Is painted by a great painter , do not Ihlnk to determine the qualities that make the picture great. You may pick out what you consider Its elements of greatness , and which In reality are Its weaknesses Ask what the qualities are. Seek to see how the artist displays them. One picture thus appreciated , learned , understood , will change your tastes and elevate your standard. " During the remainder of his lecture Mr. Clarkson pointed out some of the features that go to make up a good picture , illus trating his remarks with a series of sterc- optlcon views of paintings. He said that It was generally believed that a painting must be an Imitation of nature , but he de clared It Is Impossible to do this successfully on account of the scanty material with which the artist must work. " \Vlmt mi ArHt Cnii Uo. For rjcamp e , If 100 represents th1 brightest white In nature and one darkness , It Is pos sible for the artist to reproduce upon the canvas only from ten to forty of this grada tion. Then the public generally believes that the subject of the picture should tell the story , whereas , as a matter of fact , the subjects of famous old masterpieces arc often unknown or obscure. The physical charms of a painting corno before the subject and the picture Itself should tell the story. Another popular belief IB that the details should be worked out In n picture , such as the man's features or the leaves of the tree. The lecturer pointed out that as a matter of fact such details In nature can be seen but a short distance. In much the same manner the lecturer pointed out what places other elements have in making up a picture perspective , proportion tion , color , composition. In criticising a picture all must be considered together In order to discover the artist's Idea , to ascer tain what be Is trying to say to the spec tator. The congress will convene at 10 o'clock this morning. The feature of the program will bo a lecture by W. II. French of Chicago cage , director of the Art Institute of that city. His topic will bo "Analogies Between Literature and Art. " In the afternoon at 3 o'clock C bar lea Francis Itronne will leoture upon "American Painters. " Tomorrow evening the attendants of the Institute nro anticipating an especially en joyable lecture from Miss Anna Caulfleld of Grand Rapids , Mich. Miss Cuulfield Is a charming young woman , who Is somewhat now to the lecture platform , but has already scored a great success. She Is a brilliant speaker and elocutionist and Illustrates her lectures with handsome colored slides. All her material has been gathered In Europe , where she spent several years after attend ing Harvard Annex. Her lecture Is one which she haa delivered by request before President and Mrs. McKluley , "The Golden Age of Italian Art. " n WortlilcNM Cheek. A man who gave the name of H. V. Kldd passed a worthless check at Schaefer's pharmacy at Sixteenth and Chicago stree's Wednesday. Kldd purchased several sjnall articles and tendered the check In payment and It was accepted. When it was presented at the Commercial National bank thlb morning It was marked "worthless. " Drugglsh Schaefer slnco last night has learned that Kldd had victimized several merchant * In his vicinity In the game man ner. ner.A A stubborn cough or tickling In the threat yields to Ono Minute Cough Cure. Harmless In eflect. touches the right i-pot , reliable and just what Is wanted. It actu at once. with him. She now , according to the story' she told the police , detests him as much as she once loved him. She Is very eager to have him placed behind prison bars . Several days ago Birmingham took n Ilk- Ing to a diamond ring she wore and asked her to let him wear It until thev met again. Reluctantly she parted with it. Next day Birmingham left town and cannot be found. H Is supposed he has gone to Sioux City. SUPREME COURT PROCEEDINGS September 20 , 1S9S The court announced that hereafter no notice would bo heard unless filed two days before It was to bo called. Smith against Gerecke , Overall against Sweezy , Humer against Lowery , Daves against Dnwson , Powers against Newton , Qrosshans against liurbock , af firmed ; Van Camp against Sorensen , Draper against Vnllery , dismissed ; Ocrtcr against State , leave to Ille amended peti tion In error ; Cunningham against State , leave to plaintiff to Ille briefs Instanter ; Chezein against State , uillrmed unless plaintiff nerve nnd nlo briefs In three nays ; Home FIre Insurance Company nga nst Gregory , Equitable Trust Company against Miller , dismissed ; McQavock against Morton , Anna McGavock appointed guardian ad lltcm , plaintiff to serve nnd JJio briefs In twenty days ; Parmelee against Schroder , leave to appellants to nerve und Hlo briefs In twenty days ; Mead against Tzschuck , advanced ; Lackey against State , leave to rim amended transcript ; Missouri Pacific Hallway Company against Vex , ad vanced : Glenn against Falsken , leave to plaintiff to flie motion to redeem ; Barry against Stale , leave to fllo bill of excep tions ; State against Kennard , advanced ; State against Dickinson , leave to docket. Frank Qustln , Buffalo county ; O. O. Pope , Douglas county , and W. H. Jennlng , John son county , admitted to practice. September 21. 1893 William Deles Der nier , Cass county , admitted to practice ; Morton against Harvey , leave to tile amended petition In error. September 22 , 1893-State. against Hartley , leave to file additional transcript ; Citizens' ' State Bank agalntit Haynes , submission set aside ; Hare against Hooper , plaintiff' ! * mo tion to have briefs considered sustained : Coad against Barry , motion to strike briefs sustained and leave to rcflle Instanter ; Barr against Post , leave to Ille additional transcript ; First National Bank against Stoll , motion to dismiss overruled ; Phoenix Mutual Life Insurance Company against Brlscoe. motion to make conditional order of dismissal sustained ; Merchants' Trust Company against O'Hanlon. motion to dis miss sustained unless appellant serves and tiles briefs In thirty days ; Farmers' and Merchant' Insurance Company agnlnst Gregory , motion to dismiss sustained ; New England Loan and Trust Company against Kmlgh , motion to quash bill of exceptions sustained ; Vieth against B.CBS , conditional order of revlvor made absolute : Buftum ngnlnst Clark , motion to quash bill of ex ceptions sustained and motion tn dismiss overruled ; Record against Merchants' Na tional Bank , appellant allowed thirty days to make showing against motion to dis miss ; Lincoln against O'Brien , advanced ; Swanson against Downing , motion for nllna summons overruled ; Miller against BrlKham , motion to strike bill of excep tions sustained ; PottH against Ash , Ipave to supply additional transcript : Farmers' and Merchants' Bank against Mosher. mo tion to advance overruled ; BartletUagalnst Jansen , motion to dismiss sustainedStull ; ! against Stull. motion to quash summons overruled and motion for leave to Ille ad- ditloiinl transcripts sustained ; American Biscuit Manufacturing Company against Brown , motion to dismiss appeal sustained ; North Pltttte against North Plattc Water \\orkH Company , advanced ; President and Directors Insurance Company of North America ngalnst Funk. leave to file addi tional transcript ; Ashland Land and Live Stock Company against May , matter In controversy referred to Judge of the dis trict court ; Clark against Smith , leave to Ille additional transcript ; Western Union Telegraph Company against Beals. advanced - vanced ; Wilson ngalnst Wllcox , motion to quash bill of exceptions and motion to din- miss overruled ; Shutt against Hlbebrand , motion to quash bill of exceptions over ruled ; motion to dismiss overruled ; motion to strike affidavits overruled : plaintiff twenty days to servo and file briefs. Barry against Btntn > x rel Hampton ; mo tion to recall writ of mandamus overruled ; motion to allow supprspdea. ? overruled. Hrst National Bank against Stone : motion to quash bill of exceptions overruled ; plain tiff to serve and file briefs In thirty days. Marble Pavings Bank , against William motion for extending timu for filing briefs sustained. Knotts against Crosslv : motion to strike overruled. 'Nebraska Children's Homu Society against State ; motion to va cate fuperpedens orto hdvanro overruled. Norval airainst Hlusfnatfter. advanced. nohearings denlfd in the following cases : Adler against Hellman , Cloland against Hamilton Loan and Trust Company , Ne braska National Bank aealnst Ponnock , Swift against Holenbek. Murphy aealnst Vnrren ( two cnses ) . Fairbanks aealnst Welshans. Stnte ex rel Vale against School District nf Superior , Sylvester ngnlnst Car penter Paper fompanv. Kendall nralnst farnpau. Philadelphia Mortgsire and Trust Company ngalnst Mockett , Hake against Woolner. X'tterlund ae-alnst Texas Land and Cattle Companv , Home Fire Insurance i Company against Bernstein. Crum ngalnst I Bensrhotpr. Lonerran against Loncrgan , I ' Fastern Banking Company against Seelpy , , Mill" niralnst Hampr. Hanvr against Mills. Mediant ncalnst McCnrt. Holcomb against State ex rel Lleber , Gabriel against Mc- Klnlev-Lannlng Loan nnd Trust Company , Wcrth at'itlnst Davis , Hartsuff against Pat terson , Hartsuff against Chape , Whitney aenlnst West , Philadelphia Mortcaeo und Trust Company ngalnst Gustus , Nebraska Telephone Company niralnst YelFcr , Badger Lumber Company nenlnst Holmes , Baldwin ngalnst Ksensky. Lawson ngalnst Schasln- eer , Bessie airulnpt Bcnnell , State PX rel Patterson nenlnst Wenzl , Omaha Life As sociation nunlnst Kettenbech , State ex rel . SmV'i ntralnst Mnores. HphearinKs granted In First National Bank acaln"t Goodman. Miller against Skleba Brndlev ngiilnst State. September 2.1 , 1S98 The following case | ' were afTlrmed under rule 2 : Hortsuff against Williams. McMahan agnlnst Moss- man. McKlnley Loan and Trust Company I aealnst Bunnell , Bills acalnst Van Clcef , I Kohler against Westervelt. I MotlnnH to afllrm under rule 2 overruled 1 In Brndfl'ld against McMurtry and Warren against Wales. I Berdolt nenlnst Berdolt : former order In I , regard to bill of exceptions set aside. Lc- I flang ngalnst Unearth , order of conllrma-1 I tlnn as per stipulation. Leflang against I Hogarth ; decree aj per stipulation. i Boston Pound B. C. Burbnnk , Oeoree L. i I Loomls. n. C. Glanvllle nnd W. T. WIIcox , appointed on commission to conduct bar j : examination for on ulng year. Adlourned to October 4. ISO ? , when the I following cities will bo called : Pease Piano j i Company aralnst Cameron , Hall et al. I I ngalnst Crabb , Npllsen nenlnst Jensen , j Lat'nser aeilnst Ml'iier. Henderson & Co. } ni-alnst Keutr.pr Albers ngalnst City of Omaha Ilobfrlson against Brown. Camp bell against Upton , Miller ugalnst Hogo- ' fboom , Kldd ngalnst Kxchange Bank of Cortland , Smith agalnn Myers , Daykln against Boggo , Chicago , Rock Ixlnnd & Pa- cltlc Railroad Company ncalnst Post ; Mo- Curdy uRlnst Ryan , Bates-Smith , Invest ment Company against Scott , Downing against Lewis , Baldwin against YOUIIK Men's Christian AFBoclatlon. Wnldron flgnlnst Pierce , LnSallo against Nlcholts , Hall against Flsk. Baker against Carton. Harvey against First National Bnnk of Omaha , Nlcolnus ngnlnst Snydcr , Johnson ngalnst Thompson , Welsh against Burr , Clark against Ne'imiiiin , Levy against Cun- nlnghum. First National Bank of Hastings agnlnut Nebraska National Bank of Oniuha , Kearney Canal nnd Water Supply Company ngalnst Iavln , American Fire Insurance Company of Philadelphia against I.andfnre , Coflln against Bush , Beagle against Brlggs , Following are the syllabi of the cases decided : 9219. State ex rel W. J. Brontch against Frank Ii. Moores. Quo warranto. Ryuu , C. ; Norval , J. , dissenting. 1. The history of quo wnrrnnto examined nnd held not to furnish a basis for the d - termination of the question whether or not a Jury trial In this state Is demandable as a matter of right. , 2. The provision of section 6. of nrtlclo 1 , of the constitution of Nebraska , consid ered and , In connection with provisions of the statute In exIsUnce at the time of Its adoption , held not to entitle the respondent In a quo warrnnto proceeding to demand a Jury for the trial of the Issues of fact to bo determined as a matter of right. I ! , \\hcro Jurisdiction .H tn uiitit terms conferred upon the. supreme court of this state It will be exercised In such manner as constitutionally It may be exercised , oven thouuh no rule * of urocpdur" - " cable to such n CBBO have been provided by "A Uerk'lottUrthe ' district court who , know- liiKly and Intentionally deposits public moneys -eceivert by him In payment of f'.iirs Impched In his court , together with other trust funds and his own private funds , In a bank In onu general account to his own Individual credit and. before he haa paid said fines to the county treasurer ns provided by law , knowingly , willfully nnO Intentionally draws from said bank all of the funds so deposited and uses the same for purposes other than the pay ment of said tines , thereby converts said public moneys to his own use and Is prop erly held In default within the mean ng of section 2 , article 14. of the constitution of the state , and therefore. Ineligible to any office of trust or prottt during the ex.Bt- ence of such default. 8246. William Wallace ngalnst Sarah Sheldon. Error from Douglas county. Ro- vtrssd. llacan , C. 1. The courts have no Inherent power to award costs to a litigant ; the right to costs Is a statutory one. 2. The provisions of the code ou the sub ject of COS'H examined nnd held to " ' llsh the following principles : (1) ( ) Gener ally costs follow tiu judgment , me awarded the successful und tuxed to the losing party. (2) ( ) Prlma facie the unsuc cessful litigant Is liable for costs , and to Justify a judgment awarding him costs either an express statute must Intervene or the circumstances be such that n Judg ment against him for costs would be In- 3 The discretion conferred on the courts by section C23 of the code is not an arbi trary , but a lecal one , to be exercised within the limits of legal and equitable V 'The ' 'courts nro not Invested with the discretion to award costs or attorney fees to nil unsuccessful contestant of a will simply and solely because of the fact that ho undertook the contest In good faith and at the time there existed probable cause 10018. David E. Johnson against State , Er ror from Webster county. Iteversed. RTo" sustain a finding of guilty In the trial of a bastardy case In the district court of the proper county It Is necessary to show by the. evidence that the mother , nt the time of the birth of the alleged bas tard , was nn unmarried person S23S. Mollne , Mtlburn & Stoddard Co. against Hamilton. Error from Douglas count. Reversed. Irvine , C. A third parson filed a petition of Inter vention In a replevin cae In the county court. He obtained leave to do so , but at the time of Judgment his petition was dis missed after a llndln ? for plaintiff. Held that this was an adjudication of the merits against him and he might appeal from the judgment. 2. An objection that by the default of one of two Joint appellants the appeal failed as to both , not examined , because pre served only by objecting to the evidence on the trial. 3. An Intervcnor must plead some Inter est In the subject matter of the litigation ; a mcro denial of plaintiff's right is insuf ficient to give him u standing In court. 4. An Interest In the Intervcnor Is n travcrsablo fact and In a case , appealed from the county court the assertion of such Interest In thp netltlon of lnt "v n l'- In the county court does not excuse the failure to plead It and so tender an issue In Ilia district court. 8195. Guto City Abstract Co. ngalnst Post. Error from Douglas county. Af- llrmed. Sullivan , J. 1. The statute relating to bonded ab stractors ( Comp. St. , 1S97 , ch. 73 , section Co to 69) ) was Intended to extend the lia bility of abstractors beyond the limits llxed by the common law. 2. One who purchases real estate on the faith of a certificate of title furnished to his vendor by a bonded abstnicter mny maintain an action for damages grounded on the failure of the abstracter to make. a proper search and true certificate. 3. An officer's return nn the v-n'1 ? of n summonH that he served the same "on C , one of the defendants herein , " Is sufficient evidence of service on J. C.vho was named on the writ ns a defendant. 4. A public officer may give evidence of the uniform course of business In his office for the purpose of showing the performance of a specific official act which It was his duty to pjrform , hut concerning which ha has no Independent recollection. 8233. Pomcrene against S. D. No , 56 , But ler county. Krror from Butler county. Affirmed. Irvine , C. A school district may not Incur Imlebt- cdncss In the erection of a sehool house nnd Issue In evidence thereof warrants payable ut a future date and bearing Interest. ( State against Sabin , 39 Nb. , 570 , followed. ) 2. A contract with a district board pro- vldlng for payment In such time warrants Is tainted with the same vice us the war- rantB themselves , and no recovery can be had thereon. 3. Whether a person who has performed work under such a contract may recover therefor on nn Implied nssumpsit , noi ue- clded. It appearing that the action -so fur , based on that theory was barred by the etatute of limitations. 9921. Kokes against State ex rel Koupal. Error from Valley county. Harrison , C. J. Ryan. C. , dissenting. 1. The title of a party to a public office Is not proper matter of Issue or trial in an action of mandamus. 2. In nn action of mandamus to force the proper olllcer to issue to the relater a cer tificate of his election to 1111 an office the Pleading For Help That Is what your eyes are doing when they pain smart blur the only source from which you can receive any help Is from good eye-glasses or specta cles , properly adjusted nnd titled to the sight We will test your eyes free or charge and lit them with the proper glasses but don't wait too long delays tire dangerous when the eyes are con cerned delays sometimes place them beyond relief. We grind our own lens and adjust our o\\n frames. TheAloe&PenfoldCo LrndtriK SctentlUa Optician * . Itm Farn .BO atri t i iioteL i u You Often See Advertised a box calf shoe but let Drex L Shoomtin tell you that there Is a dif ference In box calf some are genuine soiiii' are not We never have the "not" kind Ours are genuine box calf hand sewed , with genuine oak sole leather bottom heavy double solos tan or black There Is no leather tanned that will wear longer than this genuine box calf the higher priced leathers are tin- Ished different but they're no better for wear ? : i.i < ) pays for a pair of genuine box calf shoes You can be sure of get ting the genuine here. , I i | i | You and Your M Are treated just uliko at our establishment. Yon get a piece of furniture , a carpet or a stove at just the same price they paid , and the quality is GUARANTEED to both of you. No need of taking chances hero every thing's as represented or money returned. Don't'you like our method ? The latest styles are always found here and the price is always right. Our now Fall line of Carpets and Mattings is now ready for your inspec tion. The largest Carpet Department in Omaha. Ono price to every body. Wo also sell on monthly payments. OUR EASY TERMS 5QE2 M 75 75SS " THE WAY WE DO BUSItiES5 * i YOUR MONEY BACK IF YOU WANT IT question of the propriety or validity o.f an election at the alleged tlmo to 1111 the office mny be litigated. 3. Courts will take judicial notice of n. United States censiiB und Its results , a nchool census nnd Its results , also of nn authorized election and ltn re.Hiilts , and the number of votes cast thereat. A. If the ovleleno" Is whony insufficient to sustain the findings of the trial court the resultant Judgment muot be reversed. 5. Kvldence herein examined and deter mined ln ! ncont ! tn nr < nnrt h Hmr" i < . 292. Mlddlcboro National Bank against Richards. Appeal from Douglas county. Affirmed. Harrison , C. J. 1. If a bond In form a Joint obligation Is signed by a miroty on ' ' ' " 'i ' " ' ers are to become parties to the Instru ment In the same capacity , nnd delivery of the bond occurs without compliance with the condition , the Instrument Is Ineffective an to the party who so signed It , unless the obligee prior to the delivery wan not ap prised of the condition , or the signer sub sequent to execution of the bond waived the condition. 2. If , when delivery of such a bond Is made there appears on Its face that which discloses or suggests an Infirmity of Irreg ularity relative to one of the requisite sig natures sufficient to cast the duty of an inquiry on the obligee , and no investigation follows , the condition and Its lack of ful fillment may bo potent matter of defense for the party who signed the bond condi tionally , In un action thereon. 3. A surety may Insist on a compliance with the plain Import of his contract in- cluslvo In a case like the present of the condition which accompanied his signature , and where the condition exacted the signa ture to the Instrument of another party , it will not be natlslled with a subsequent ratification of the signature which had been at the time of execution thereof writ ten on the paper by an unauthorized per son. 8168. Huffman agnlnst Newman. Krror from York county. Reversed. Norval , J. 1. An agent , the fact of agency und name of principal being disclosed , who receives money for his principal which he fnll.s to pay to the latter. Is not liable to the payee either In nn action for conversion or for money had and received. 82SS. Dean against biiunders County. Kr ror from Saunders county. Reversed. Sulll- 1. To" absolve himself from the payment of rent a tenant must. In addition to giving notice of the termination of the tenancy , surrender possession of the leased premises. 2. A public corporation is bound by the nets and contracts of Its authorized agents within the scope of their authority. 3. Where a countv rents rooms for one of its officers and puts him In possession thereof with the records nnd property per taining to his office. It Is bound to pay him the stipulated rental so long us such otHcer continues inpossession. 4. Upon due notice to parties Interested a county board may once reconsider Its ac tion In allowllng or disallowing a claim against the county. 5. Where an order disallowing a claim agalnnt a county has befn reconsidered , such order of disallowance will not operate as an adjudication of the claim. 6. Before an order Is formally entered on the record It may bo proved by the clerk's memorandum or the Judge's minutes. i S228. easier ngalnst Nordgrln. Krror from Hamilton county. Dismissed. Hnr- In error 'proceedings to this court of nn authenticated transcript of the proceedings of the Inferior tribunal must be the llnal Judemcnt or order. Such requirement l Jurlndlctlonal. and If there Is a noncompliance ance therfwlth the error proceedings must 8532.8rnarand I edge Ancient Order of I'nlted Workmen ngalnst I logins. Krror from Douglas county. Alllrmed. Norvul , J. 1. t'ndfr section 1 of rule 2 of this court the agreed printed abstract must be com- Plctu In Itself , without reference to the transcript , and when error does not atllrmn- tlvely appear from an examination of such nbrtract , the Judgment sought to be re viewed will bo affirmed. MID. Plnkham against Plnkham. Appeal from Otoo county. Ilcverscd. Norvnl , J. 1. An Instrument , although in form a deed , which by Its terms was tu operate only after the death of the maker or grantcr. Is testamentary In Its character and not a deed , nnd parses no present es tate in the premlpes therein described. 2. A widow In this stdUIs entitled to dower In all lands whtreof her husband was pelzed of an estate of Inheritance at any tlmo during marriage , unless she has been lawfully barred thereof. 81C3. Chicago , liurllnKton & Qulncy Rail road Company against Kellogir. Krror from Phelps county. Alllrmud. Sullivan , J. A hearing having been allowed In this case the record Is examined and the con clusions announced In the former opinion adhered to. G7. Kane agnlnst .Tonascn. Appeal from Douglas county. Alllrmed. Sullivan , J 1. It Is within the province of the district court In a decree of foreclosure to provide for the appraisement and sale of the prem ises In parcels or en masse as thu btst In terests of thu parties may require. 1 2. Where a decree of foreclosure contains no direction to the olllcer charged with Its execution touching the appraisement and sale of the mortgaged property , he la vested with a discretion In regard to the matter which will not be disturbed In the nbencB of a showing of prejudice to the party complaining. 3. Nothing appearing to the contrary It will be presumed that an olllcer charged with the execution of a decree was regard ful of the rights of the parties to the no tion and In a lawful manner performed the duties Imposed upon him. 4. Where a decree of foreclosure given nn direction concerning the appraisement and sale of mortgaged premises an appraise ment nnd sale in gross of two city lots will not bo set aside unless It liu made to ap pear that the party complaining has been thereby prejudiced. S22G. Adams against Osgood. Appc.il from Douglas county. Reversed. Ryan , C. 1. A plaintiff has the right before llnal submission of his cause of action to dis miss the same , but this right does not con trol the right of the defendant to proceed to the trial of a set off or counter claim properly pleaded by him In his answer. 2. A tax receipt Is not sufficient to es tablish the fnrt of the levy or assessment of taxes when snich levy or assessment in dlxmited In the pleadings. S2K Shafer ai'alnst Whiting. Krror from Burt county. Affirmed. Sullivan , J. Thin court will not reverse a Judemcnt based on a verdict supported by suffcjent competent evidence * , 8259. Miller against Daly. Krrnr from Lincoln county. Affirmed. Ilynii , C. In an action dismissed for want of juris diction , a simple judgment for the value of the property entered upon the express wnlver by the defendant of the return of property to him , cannot , us a matter of rlKht , almost a year Inter bo amended upon his motion , o that the Judgment shall bo for the return of the property , or for Its value. 82St. Wagenknecht ngalnst Senlov. Error from Kearney county. AJIlrmed Ryan , C. 1. Tim sale of r nl property under fore , closure proceedings Is bv virtue of the de cree the terms of which cannot bo mod ified or controlled by an order of sale by the cltrk of the court In which such decree Is entered. 2. Objections to confirmation considered and shown not to be founded upon facts disclosed by the record. It's ' a Hot Pace Wo'ro setting Hie music dealers of Omaha in thin great stile of special made pianos oy special high grade , makers-tlio Knalie , Klmlmll , Krameli & Bnch Ilallct & Davis-are liber ally represented In our lloor show ing pianos that have made their reputations years ago and need no recommend from us yet we guarantee every one and further we wHJ guarantee to save you from if7. > to $100 on the purchase of a piano ot equal worth If you wish to own a ppeclully made piano of the highest grade be sure to inspect this new stock. A. HOSPE , Music and Art. 1513 Douglas In the Fall- The housewife's fancy turns to new floor coverings that'B right Carpets go out of fashion get full of dust and ml- crobes IJuy new ones as ii sanitary measure We have the latest In colors and patterns nirpets were never so \tp as they uiv now and never were so lany beautiful styles gathered to- getliu * for you to select from as now and tlie quality is \\\v \ \ highest Wo never sell an Inferior ' prices and qualities ure Omaha Ci