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
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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
