THE OMAIIA DAILY BEE : WEDNESDAY , OCTOBER 1 , 1808. 0
No Room Ooraploto Without Orates and
Piro Dogs.
RECENT CHANGES IN THE STYLES
i Dccorntliin In limit * NouU nnil
Settle , IT I Mi Jnuuhlii Tnprtlrlrk ,
or I ) ( > cp Hooded Coiitrn
ot Olit House- . .
The \cry heart of every beautiful nnil
newly decorated room IB the llrcplaco. BO
nays the man who dual ) In mantel shelves ,
crates and lira dogs , and bo ought to know ,
for never before has he done bigger business
than this autumn. Houses that are bcliiK
built or nro In process of redecoratlon me nil
having their chimney places refitted , and the
demand of the householder Is for a fireplace
where vvood or coal , not electric embers or
KBB TORS , can be made to burn
A half a dozen ytara ago , when ilch Amer
icans Were enthusiastic n\cr Trench fash-
Inns , the demand was almost exclusively for
crates and fireplace. ; Umt wcic copied from
J'rench.palaces and chateaux , now , however ,
a Htronc reaction hns set In In f.nor of the
Kngllnh mode , and you cannot achlc\o any
thing moro admirable in house decoration
than to have jour chlmney-ploco copied from
HamiHon court , Haddon ball or Dalkcltb
castle , and In his North Carolina homo Mr.
Ueorco Vandcrbllt la credited with having
old style nerving basket of black Iron holds |
the ccala over a step of rich red Welsh i
bricks. Oreystone , left plain hewn , supplies
the Jambs and mantle plcco , and over the
suspended basket juts out a hood of red
tiles to match the brick hearth.
Jiu-lc nnil Tlniler Cup.
No * thin U the ingle nook as It U seen
today In old Lancashire and Westmoreland
houses , whence they are copied exactly ,
even to the wooden jack In Ilia corner , used
100 years ago for pulling off the master's
jack boots , when he came home after a day
with the houuJs. The Jack li practically
utilized as a footstool , just as the ttndcr
cup , sitting on a jutting brick by the grata ,
receives nowadays the ashes of the cigar-
smoking Americans.
Quito as fashionable a mantel piece as the
Ingle nook , copied from a Jacobean house ,
li a New England chimney corner , copied
from any ot the old seventeenth century
fraino homes about 1'1 > mouth , Newport or
Boston. They have been Introduced thl
year In many houses where the square ball
Is used na a living room and where ten. Is
scned In the afternoon The whole face
ot the chimney and the lining thereof It
done with red brick , carefully antiqued to
get the proper ago color. The bricks are
burnt , then burled and finally , when the
fireplace Is built , a wood file Is used to wear
away their edges , in ( simulation of the
gnawing tooth of time and usage. Quito as
often tbo whole fireplace Is done In roughly
set field stones nnd the wooden mantel Is
caned with the fiat rosettes nnd neat cor
rugations so dear to the colonial heart.
Thojo who can afford nnd prefer to burn
wood In their New England fireplaces use
the small brass fire dogs nnd treasure tbclr
tered by a window. A 20-year-old son ot the
murdered couple slept upstairs. He heard
no noise , Cblnlquy 1 believed to have had
a largo sum of money In the house. The
coroner and detectives are Investigating.
PRESERVATION OF FORESTS
Drfcimr of tinllniiRer > > lem
Iteornttr IiintiKti-
rntcil.
WYOMING nXHiniT , KXPOS1TION
OHOUNDS , OMAHA , Oct. 14. To the Editor
of The llee : I notice In this morning's Dee
an article taken from the Boston Transcript ,
written by that paper's Colorado correspond
ent ( or rather by some peripatetic wanderer
who Is connected with that paper ) , with ref
erence to forest ranging that needs some
attention. The nrtlclo In question speaks ot
the tcrrlblo ravages of forest fires In the
mountains , nnd then goes on to score the
management of the forest reserves , charac
terizing It as a farce. Ho sas the sjsrjin has
been In operation for a jear and that It Is
a political machine and used to pay political
debts , that old and Incompetent men arc em-
plo > cd and many moro criticisms that may
or may not be In place.
I am from Wyoming , and know something
about this forest fire business. Tor twenty
jcars I hnvo seen the annual devastation of
our mountains by fire nnd been compelled to
Etnnd helplessly by while the terrible work
went on As the editor of a small weekly
paper I have earnestly and persistently ad
vocated government supervision of our for
ests as our only salvation , and have , In con
sequence , closely followed the action of con
gress on that subject. Very recently the Ir
rigation congress was held In Cheyenne , and
Y
FLEMISH DhCOHA'UUJNB.
ticen the first person to recognize the supe
riority of the English method In building
fireplaces
The chimney piece and fittings in the li
brary of Dlltmoro are patterned , in many
respects , after the one in the library of an
oTd Scotch castle , and the dogs that uphold
the giant logs in this stately room stand
nearly five feet high. They were designed
and cast In bronze in this country , but cvciy
American cannot afford cither the trouble or
the expense ot burning seasoned logs , and In
all the newly done-over city houses the
Krato is still the thing. Around the huh ,
4og or basket grate Is then built a mantel ,
A FRCNCH ANJJ DUG GHATE.
or an ingle nook , or the grate is made to
simulate the open mouth of a giant Dutch
Move.
Hltlier Cunt of Arum or Totem.
The ingle nook or settle was originally an
Kngllsh invention , but the present taste is
tor a deal of Flemish decoration and the
interior architect confines this comfortable
species of fireside to halls or libraries. Car
ried out according to the best authority , it
must bo done in mahogany and consist of a
low-benched trestle seat against a panelled
dado , and above that small-pained windows ,
each section of which should have one
square of colored glass. This glass prettily
displays cither the initials or coat ot arms
ot the owner of the house or sometimes , with
moro originality , a chosen totem.
If the Ingle nook is used as a sort of
lounging and smoking corner for the head
of the house , the colored central glasses
Bhow fanciful calumets , magnificent meer
schaums and briar woods crossed In the
golfing district grouped cluba and Scotch
thistles are seen , and the complete ingle
nook has shelves for sporting books , lockers
under tbo scat for cordial and brandy bottles
V tles , a cupboard for cigars and cigarettes ,
nd a smoking table. The trestle scat Is up-
bolstered In tapestry of Jacobean design ,
showing the pleasures of the chase as pur
sued In the day ot learned Kins James , and
similar tapestry U hung in the open frame
work that encloses the Ingle nook.
Then , as to the hearth itself , green Dutch
"tllci form the actual surround , while a Urge
ashes , but in city houses wrought iron dog
grates are preferred for holding a palpi-
Ing room , library and hall mantelpieces , ro
tattng bed of Welsh coal , and cups and
crumpets are kept hot In the oven that
opens In one sldo of the bricked walls.
SOIIIP Splendid Specimen * .
After the long reign of Louis Quatorz ,
Qulnz and Seize periods of fireplaces for
drawing rooms the fashion is now for the
beautiful and elaborate Adam grates and
fenders of exquisitely engraved nnd pierced
brass. Ono and all thess are made with
outstanding fire-dog pedestals in front ,
while the bars of the grate Itself are of steel
polished Ilko a cambric needle. Bo elabo
rate Is the work on some of these Adam
grates with dogs that their cost mounts
up in the thousands. Such grates have
frames of carved Algerian onyx , which li
much moro jewel-like' In beauty than the
Mexican onyx and , far rarer. Fleur do
Pcchcr marble , which comes from France ,
and is most exquisitely inlaid , is another
material used in newly-decorated drawing
rooms and boudoirs. Fleur de Pecher Is a
rose tinted marble , decorated with other
marbles nnd with inlay ot metals , but the
top notch of extravagance In ornamental
mantels has been reached In one New York
house , where the dull brown atone of the
fireplace jr.mb and mantel shelf is full ot
precious Persian turquoise , just as It ap
pears in the mother rock.
AH there Is an accepted fashion in draw-
docs the new law of house decoration en
force the very choice style ot Queen Anne
chimney piece ot the dining room. The best
ot these are copied from Hampton Court
pnlaco and Welbeck abbey , and the blackest
tort of onk Is used In their composition ,
while only a very little of the best N'anKln
china is allo.vod as brlc-a-brac on the
shelves. The tops of these chimney pieces
reach as high as the frlezo on the wall ,
and , while the top and aides ot the piece
are In grotesquely carved corbets and
stepped jambs , the fireplace Is done In
antique glazed bricks with nicks on either
side , to hold statuettes or dishes of toast
and tea.
By every device the dining room fireplace
Is kept free of anything like frivolous ema
il ent and this autumn several superb mantel
shelves have been taken bodily out ot old
English houses and brought over for the
oinamentatlon of those American homes
wbero beauty Is attained at any price.
Dr. Bull's Cough Syrup alwa > s cures bron
chitis and asthma. Nothing equals this
wonderful remedy. Price. 25 cents.
Three Children Ilurueil to Death.
LANSING. Mich. . Oct. IS. Three children
ot Michael Anderson , aged 2 , 4 and
< i years , were burned to death today at
Pcquamlng. Their house caught lire whllo
the father was away nnd the mother was
out milking The place burnel very quickly
and the children were fatally burned before
they could save themselves nnd each other
U Is thought that tbo eldest child v us playIng -
Ing with the Kitchen fire anl thus set tic
house on fire.
You Invite disappointment when you ex
periment. DoWItt's Little Early Risers are
pleasant , easy , thorough little pills. They
cura constipation and sick headache just as
euro aa you take them.
Munlrrotl by UurKlnm.
KANKAKEE , III. , Oct. 18. Erall Chlnlquy ,
a wealthy retired farmer. 45 years old , and
his wife , were found murdered today at their
home in St. Anne , sixteen miles from
KanKakeo. Tbclr heads were crushed In by
some heavy Instrument. Burglars bad en-
at that congress ono of the Interesting topic
that occupied the attention of that body wa
this very question ot forest fires and thai
effect on Irrigation , and the necessity to
some action by the general government look
Ing to their protection. On the floor o
that congress Senator Francis E. Warren dc
llvered on address in which he outline
what congress had done and what It con
templated doing. He said that on the var
last day of the congress which adtourne
the last summer , It passed a resolution plac
Ing at the disposal of the secretary of the In
terlor $100,000 with which to put In opera
tlou the law looking to the protection of th
forest reserves recently established by presl
dentlal proclamation and that previous t
that time nothing had been done towari
the appointment and establishment ot forea
rangers simply for want ot means. Hesali
further , that the secretary of the Interlo
could not do anything toward the preserve
tlon of even the government reserves untl
that resolution , providing him with funds
was passed though ho was extremely anxlou
to do so ; that immediately upon being pro
vlded with funds ho proceeded to the selec
tion of superintendents ot divisions an
minor officers and put the machinery li :
tended only for the protection ot the gov
eminent forest reserves into operation.
Now , this was only three months ago. 1
there was a system of government super
vision before that and this man says it ha
been in operation for a year I never hearer
or knew anything of It and must have nils
understood Senator Warren's statements ,
don't think I am mistaken , though I hav
been mistaken in my time , but I am muc
more Inclined to think that the "other fel
low , " that Boston Transcript man , is ml :
taken. I say this for the reason that thei
are many such men , alleged correspondent :
you might call them , who are roamln
around over the west misrepresenting verj
thing that their pens touch. Like the yello
journals , they want to put forth somothln
sensational and know that It Is perfect !
safe to attack the government for the re :
son that the government won't strike bac
They should be rounded up and put whei
they belong In an institution provided f <
the naturally vicious and depraved mlnde
It I am not grossly mistaken this matt <
ot forest rangers to look out for tha preset
vatlon of our forest reserves has been 1
operation actual operation less than six
days. Now what can be told of the valt
or worthlcssness of a system that has bee ,
tried no longer than that ? Perhaps the Bo :
ton Transcript's criticisms are right and
am wrong. If I am , will some ono pleas
put me right.
Now , as to the preservation of the forcj
In the Rocky Mountains , any one can s <
how necessary that Is , not only to we i
the mountain states , but to you people i
Nebraska , Kansas and the Dakotas Wu a
very glad to see the government take stej
to look after Its forest reserves , but whine
no want It to do Is to extend its supervlsic
to all the forests on our mountains. Unt
It does that there will be annually mac
thousands ot acres of valuable timber < Ii
ctrojed and we shall be helpless to prevei
it. With the strong arm of the governraci
behind them rangers can prevent much '
the waste that is now annually going o
What is everybody's business , you know ,
nobody's business. Let the government <
congress vvaKe up to the importance of tal
Ing care of its forests. They belong to tl .
government and It Is the duty of the go'
ernment to preserve them for the use , benei
and protection of the whole people. You
truly. J. I' . CRAWFORD ,
Superintendent Wjomlng Exhibit
MINING IN THEJLACK HILLS
Imto .New * of Interest from the Illoli
Mineral IlFRlnnn of . ontli
Dnkuln.
DCADWOOD , 3. U , Oct 18. ( Special. )
A little over a year ngo there was ono of
those booms in the Black Hills which every
mining camp has at Intervals , which never
docs any good , but Instead a great deal of
harm to the- camp or district. The people
ot the northern hills have gone wild over
Carbonate , Bald Mountain , Ruby Basin , Yel
low Creek nnd other camps nnd the cus
tomary excitement prevailed for a short time
during the first discoveries The newspa
pers hvo chimed In and the result has
been a boomed camp , sometimes merited
and more frequently unrnerltod. Last year
at this time Two Bit was on every per
son's mind In the Black Hills , and a good
n any eastern people became Interested In
thu several companies which were organ
ized by the Hardlns.
In n vciy short tlmo there were fine
hoisting plants In operation In Two Bit
gulch and mining ground was in demand
at high figures. The Hardln Standard com
pany was the first ono to reach quartilte
nt a depth ot 190 fci-t. Considerable drift
ing was done and the country went wild
over a reported strlko ot a twenty-two-
foot body of pyrltlc ore. The other four
companies which were organized kept on
sinking their shafts and got down to vari
ous depths Suddenly thb Hardln Standard
company closed down , followed by two of
the other companies. The remaining com
panies are still at work sinking their shafts
to quartzltc. The fear Is so frequently ex
pressed that there has been another bit of
misrepresentation to eastern capitalists of
the resources ot the hills that It would
seem well to give the facts of the Twb lilt
case.
The whoto Two lilt boom was originated
bv thii Hardln brothers , James and Charles
They had worked for years on some of the
ground and had what they considered good
Indications of good ore bodies. The brothers
went to Chicago with samples of their ore
and succeeded In getting a number ot
wealthy men Interested in their
projects. The result was that companies
were organized , expensive hoisting plants
were built nnd money was spent lavishly
on the surface. Everything was for outside
appearances. There Was a sudden with
drawal of financial support on the part of
several of the principal stockholders and
three of the plants were compelled to close
down. The reason for the failure was that
tbo men who had been induced to take stock
in the companies wei Ignorant ot mining
matters and did not comprehend on the start
how much money would be required to open
UD a mine , and as a result , after expending
what they thought ought to have been suf
ficient to bring some returns back on their
money , they became discouraged and with
drew their support , through no fault ot the
Hardln brothers , however.
With the exception of the Hardln orig
inal , none of the companies have gone to
auartzlto where It Is reasonable to expect
ore will be found. A largo body of pyrltic
ore was found In places In the Hardln mine
and assais gave values from $12 to (40 a ton
gold. The general average woe , it is said ,
rich enough to treat at a good profit at a
smelter owned by the company. There is
plenty ot this grade of ere in the mine. It
is the gcnernf opinion of those who have
had experience In mining In formations of
this kind , that the Ilardln company stopped
v.ork too soon. There are many indications
to lead ono to bellcvo that there Is a large
body or "blanket" of ore underlying the
entire basin.
The Hardln brothers are for the present t
unable to swing all of , their first undertak
ings , but they wjll eventually get on their
feet once more. They * will soon go to Chi-
page and farther ca lj'1 if necessary , and
ono of the brothers tscqptemplatlng a trlr
to Europe in order to get the necessary cap
ital to complete the work undertaken In Twc
Bit. Few districts have been so thorough ! )
Examined by experts and mining men a :
Two Bit. Six written reports , all favorabfe
have been made by them. If any crltlclsn :
Is to bo made of the Hardlns it Is thai
they perhaps tried to'swing too big a den !
In organizing so many companies at one
time. Tbo ere Is undoubtedly to bo founc
In this camp , but U will take the usua
amount of capital to find It.
The Detroit and Deadnood company I :
. sinking a shaft across the gulch from tbi
original Hardln. The company Is compose !
nrlnclnally of Detroit and Chicago capital
1/bts. This company Is somewhat dlffcren
from the Hardin companies , in that thi
members are determined to flnd ore and any
, willing to put up all the capital nocessar ;
y
, \ In order to find it. The shaft Is doww 15i
foot and it is thought that quartzlta Is nca
bv. The company has a very complet
hoisting plant and on the start all of thi
stockholders hav been educated by thi
promoters of tbo deal to the Idea that mone ;
would be required to got a mine opened up
The GoMen Crest Mining company etrucl
a narrow shoot ot ere this week on its prop
erty a half mile farther east from the De
trolt and Dcadwood shaft. The compan :
was only recently organized. There Is ;
shaft down 200 feet and it Is supposed tha
the stringer of ere struck this week is i
vertlclo and extends downward to a fla
body of ore. Considerable ere has bee
mined In past years from the surface by th
original owner , Fritz Webber ,
One of the liveliest camps In the entlr
Black Hills Is in Strawberry gulch , whcr
the Gilt Edge , Dakota Maid and Union 1111
properties are. The Gilt Edge mlno is pro
duclng thirty tons of ore per day nnd ther
Is one solid body of ere opened up thus fai
ninety feet long , thirty feet wlda and 20
feet deep , and It Is estimated that 10,00
tons of ore are In sight. The general1 average
ago of the ore by car lots at present Is abou
{ 50 a ton gold. Three assays vvcro obtalne
this week from a now ehoot of ore whlc
went $988 , $672 and $480 a ton. There wa
not a very largo shoot of this high grail
ore , but It ehows that It Is In the mtn
_ somewhere. A tunnel Is being run from th
\ i bottom of the 200-foot shaft and a flft
horse power gasoline engine and hotat at
to be put in the mlno to hoist ere from th
shaft as it Is sunk deeper. Work on th
chlorlnatlon works and smelter at Rapt
k. City is being pushed by this company.
The Edgcmont and Union Hill compan
k.d. Is doing great work in developing some <
d. Its claims north of the Gilt Edge. On tb
Nevada claim a shoot ot ore was struck tt
first of the week which gave some assaj
of over $1,500 a ton gold and tbo ehw
t" I ' appears to bo quite large. On the Union Hi
, Q claim , across the gulch from the Nevadi
_ the company is taking out ere for a trli
, . t test through the 20-stamp mill at Galen ;
j ' The ore averages $10 a ton gold and aboi
! 0 $4 Is saved on the plates and a large p (
| cent of concentrates. Satisfactory tests ha\
3 , I already been made on ore from the Hoodc
mine. The company Is running the ol
? e
Q { stamp mill at Galena with satisfactory n
D. suits. The mammoth building , which w <
partially built by arable for a ISO-start ]
e
mill , Is being enclosed and Its gbastllnei
lt Is being covered up from public vlev (
, Nothing definite is known yet , but It
I very probable that some day tbo big stan
. mill will be fitted up with machinery an
_ the 700 tons of ere needed to keep the 1 !
B
I stamps In operation will bo brought In fro ;
_ t the mines. The company has great posa
. buttles.
a.
On the Dakota Maid claim there ore fet
. ' different parties leasing portions of tt
*
ground and all of them have ore In slgl
and some ere is being shipped. There
< m
seemingly a mountain of ore which la rlt :
lu values and Is easily mined ,
'
; : A stubborn couen or tickling In the thro ;
" * yields to Ono Minute Cough Cure. Harmlei
I In effect , touches the right spot , reliable ar
I jubt what U wanted. It acts at once ,
WITHIN REACH OF ALL.
Strength and Good Sleep Follow the Use of
Warner's Safe Cttre.
"Live ou sixpence a day uud < ? uiu It"
This was the odvlco of n gruft Scotch docloi to a patient whl
had gout , a disease originating In disordered klilnejj. The be
\\f-t \ \ tint Kidney trouble Is nature's punishment rewrvcfl for high
livers and lazy folks l a widespread delunlon Cold , exposure ,
worry nnd excess of toll produce It The poor utiffer with the
rich. In all ranks and conditions of noddy , Brlght'a disease
does Its fearful work.
To fret over his condition I * natural for the Invalid , although
his reason torches him that fretting enl > makes matters worse
To the sick man or woman , there Is n world of cheer In thlp
note dated Lincoln , Neb , March 9 , 1SOS.
" 1 take no little pleasure In paying that I have used War-
tin's Safe Cure nnd found it to bo bencficl.tl In icllevlug kldno )
i\nd rheumatic troll bleu 1 Imp used several bottles and found
the medicine to po < rcss nil the merits claimed for It "
Ornn Ensign , e\-Sherlff , Lancaster Co.
Mrs. J. N. Shari : , of the same city , writes
" 1 have used Warnur'n Safe Cure nt different times nnd found
It to be exceedingly helpful In kidney trouble I have suffered
a great deal from weakness and .sleeplessness nnd was not able
to bo about without moro or less physical tmffeilng , but after
liuvlng taken the first bottle of Warner's Safe Cure , I began to
impiovo nnd have gained t > o much that 1 must commend Its great
value to others suffering Ilko m > belf I know th.it It hns been
of great benefit to me. "
Observe that neither Mi. Ensign nor Mrs. Sharp speaks of
suffering great pain. The first approaches ( . \cii of fatal fcunts nt
Uldncy disease tire rarely painful I'nllor nnd slceplcssnos , hull
gcdllon and puffing of the hands unit face , with occanlonul palpita
tion of the luart are seldom recognized except by physicians OH dun
to deranged klndnojs Thcr < > comes n time of black belplessneKR
nnil unspeakable d-volition of heart.
Do not wult oven for HIP approach of ( hat terrible hour nnd
above all , do not make experiments There IK one true remedy
within the rer.eli of all
Tor over twenlv scars Warner s Safe CHIP him been before tin
public nnd 'its value IB proven bcond n doubt
SUPREME COURT SYLLABI ,
8314 Uank of Mnywood awiliigt McAllis
ter. Error from Lincoln county Ucver ed
Harrison , U. J.
1. Mere voluntary foibcarunce ot the
creditor or his mere failure to Institute
and prosecute a suit ngalnot the principal
debtor -will not operate the discharge of
a surety on the obligation of Indebtedness ,
nor will tionoompllance by the creditor
with J , request 01 notice of surety to com
mence suit against the principal work thu
surety's release ,
2. A dl mlnanl of a suit which Is not
upon , or does not Involve * the merits Is nut
u bar to another action on the same cause
nor to its presentation an a claim airalnut
the estate , of the deceased adverse pnrtj.
S251 Lunney against llealcj Error from
SeWard county. AMlrmed. Irvine , C
1. This court will not re\ernp the judg
ment in a CADS tried to the- court without
a jmy merely bec-autm of the admission
of improper evidence.
2. Where a rnal estatu broker contracts
to produce a purchaser who shall uctvi-
olly buy , he has performed his contract .
by the production ot one , financially able ,
with whom tha owner actually mukeH nn i
enforceable contrnct of sale. The faufire I
to carry out that contract , even If thu
default bo that of the puichaser , does not
deprive the broker ot his right to com-
minions.
3 Evidence in cuch a case examined and
held to sustain a finding for the broker
' nnd Trust Company
8306. Smith Bros Loan
pany against Welsn Appeal from Thayci
county. Reversed. Norvul , J.
1. Where lands constituting ono body ar
lined as a single tract , ordlluirllv they may
for judicial sale bo appraised together.
2 Objections to the npprulseraejit must
be made pnor to thu sale
J. AtlldavltB used on the hearing ot a
motion In the district court cannot be con
sidered on review In the appellate court
unless embodied in a bill of exceptions ,
4 The nalo of lands under a decree of
foreclosure * must take place at the court
house , unless there be none In thu count ) ,
in which case the sale must occur ut the
door of the building In which the last dis
trict court ot ( he county was Mela.
83:3. Chicago , Burlington & Qulncy nail-
way Company agaiiint Phllpott. Eiror
from Lancaster county. Affirmed. Nor-
val , J
the- official bond of a
1. An action on -
county judjo is barred In ten years after
the cause of action accrued.
2. The failure of a county Judge , after
the expiration ot his official term , to pay
over to his successor in office , or the per
son entitled thereto , money deposited in
condemnation proceedings. Is a breach of
hlfl offlclal bond ; and thereupon a cause
of action accrues to the. person damaged
by such breach. Clellana against Mc-
Cumber. 15 Colo. 358. followed ,
1332. Central Investment Company against
MlleH. Error from Doug-las county. Re
versed. Ryan , C.
guarantor ot collection IB liable
A mare
upon bis ( juarunty where it snows that
the. note guaranteed cannot bo collected
of the maker , and not otherwise. '
' Insurance
Manufacturers'
9577. Farmers' and
Company against Jansen Error
surance
from Saunders county. Reversed. Jla-
ican , C.
1. An insurance contract 1 a personal
one between insured and Insurer.
2. A provisloTi in a fire Insurance policy
that it should cpnso to be In effect If the
Insured conveyed the title of the Insured
property without the Insurer's consent IB
reasonable and valid one.
a
3. An Insured nnd his wife conveyed by
warranty deed the Insured property to
their son who at the same time convejed
the premises by warranty deed to the wife
of the Insured. This transaction occurred
of an agreement between the
In pursuance
husband nnd wife that the latter should
hold the title to the Insured property in
trust for her husband. The insurance policy
provided that it should cease to be In
icy
force "in case nny change , shall take place
In the > tltla of the assured. " Held that fho
conveyance terminated tilt contract of in
surance. Webster against Hastings. Krror
6901.
denied. Sul-
from Kearney county. Motion
Wh'cre' party dies after judgment lias
been rendered against him , the admlnlR-
trator of his estate may prosecute errv
without procuring an order reviving the
action in his name.
8274. Hoover tigalntrt Hale Error from
Madtaon county. Affirmed. Ragan. C
1. Objections that real cstnto seized on
execution has been appraised too high or
too low should be made and filed in the
Issued before
court from which the execution
will
fore the sale occurs or such objections
unavailing.
be
2. A judgment Is an adjudication of the
rights of the litigant to the subject matter
of the suit and in a proceeding to confirm
a ? ale made to satisfy such judgment thn
district court has no authority to inquire
Into its merits.
3 A married woman owned n flour mill
nnd the fee to live , acre * of land on which
it was situated The mill was operated by
water power furnished by n race and dam
situate on an adjoining plcco of school
land , the title to which wan in the state ,
but of which her husband was lessee and
on which ho resided with his family. A
sheriff levied nn execution upon the mill
property , attempting to levy it upon the
race nnd dam aa the water power of the
mill , caused the mill property nnd the
water power to be separately appraised In
Ills notice of Bale he described the mill
propartv nnd the water power separately
and sold the whole to satisfy a judgment
rendered nealnRt the husband and wife on
n promissory note Blpned by them The
wife Interposed as an objection to the con
firmation of the sale : her coverture nt the
time of the execution of the note ; that Bhe
signed the same as suretv for her husband
and without reference to her separate prop
erty or bu tncH8 Held , that though this
wan a defense which she might have Inter-
po ed to a suit uoon the note she could not
urge It OH nn nblortlon to thn confirmation
of the sale The liunband objected to tha
confirmation of the snip on the trround that
the mill race nnd clum constituting the
- water power of the mill were pnrt of his
e- I , homestead nnd therefore not liable to ? ale
| nn execution Held Cl ) that no pnrt of the
as l liuxtmnd'tt leasehold Interest In the school
P Innd pncBcd by the pale(2) ( that thn mill
,
ss dnm and race were paneniontx upon the fee
of the school land(3) tlmt thn sale of the
v. , I mill pronertv carried thp o easements with
ls - It OH appurtenances : (4) ( that the seoarato
ip iinnralB'ment nnd advertisement of the mill
id and water power whllo proper enough were
. not essential ,
B0 I 103i,6 tnto ex rel Morton against Dick-
! nion Mundnmug Sullivan , J
1. Wher * no order Is made extending the
time , a bill of exceptions Including the ovl
deuce given on the trial of a case , mimt
lie nervid within fifteen days from the
final ortlournment of tin * term at which
lie
thn motion for a new trial Is ruled on
bt 2. If there be no motion for a new trial
is an In eanlty canes , the bill mimt bn perwd
ish within fifteen ( lava from the final adjourn
ment of the term at which judgment is
rendered
3. Where there have been two or moro
at trials. th bill of xnptlnnx cannot after
the nilln on the final motion , reach bark
ss Indefinitely and bring into the record the
id evidence adduced on former trials.
< The motion for a new trial mentioned
iANUFAGTURERS
OK OMAHA.
BOILER AND SHEET IRON WORKS
Suceexiorn AVIInoii > \ DrnKr.
Manufacturer ! * boilers. Bmnke stackd and
brcechlncs , prensure , tendering , Bbcop dip ,
lard and water tanltH , liollrr tuues con-
ctnntly on hand , xecond Imnd bollnn
boupbt nnd sold Bnrclal nnd prompt to
repalia In city or country IDlh nnd Pierce.
BOOTS-SHOES-RUBBERS ,
Jobbers of Foot Wear
TTiaTEr.N AGENTS FOR
The Joseph Banigan Rubber Co.
F H. Spragu ® & Co. ,
Rubbers and Mackintoshes.
Cor. Eleventh & Fnriiitm Sin. , Omalin ,
Bootst Shoes and Rubbers
Itirocmf UM-110M1M Hirntjr BtncL
CARRIAGES.
Estab
lished ,
1858.
Sldo bpiin : Aitacnmeni No Horse Motion.
Get a Simpson Buggy with the Atkinson
Spring best and easiest rider In the world.
1400-11 Uodao Street.
CHICORY
he American
T Chicory Oo.
Orowtra and manufacturers of l ! forms ot
Chicory OmahB-Vreraont-O'Nell.
DRUGS.
iohardson Drug Co.
go2-po6 Jackson St.
r. O. RICHARDSON , PreiU
tt \VELLER. . V. Prsflt
The Mercer
K'fr * Standard. JVinrntaoiutieal Preform ,
tlant. Upttial formulae i'rcpartA to
Oratr Bind for Catalogue.
tAbr torr , UU Howard 8t , Omtko.
E. J8ruceg Co >
_ _
Druggists and Stationers
" Bit" ,
"Qu ta BpcetiltlM
Cltura , Wlnra knd Ilrandltf.
Oomar Wtk * d Uarnty I
In section 311 of the Code of Civil Pro
cedure , UH amended in UU5. doei not necw-
Hailly mean the motion Immediately pre
ceding the JudKtnent It mennB In evcrj
ease the motion following the piirtlcnilar
trial , the cvenu of which It li sounht to
make authentic hletorj
8231. Marshall nRaliist ( loblf Appc.il
from Uoiife-las county Affirmed Ryan , C
Where a firm of real cstalo brokcrH un-
deitook ta flnd purchaKcrx of lund for onn
I whu held title * thereto merely for con
venience of transfer fet the benefit of us-
. Koclates Interested therein , mteli firm IK not
' In equity , entitled to a decree subjecting
. untold portions of nuc.li land , or Biich tin-
I floclatea personally , to liability for thu pay
ment of commission * on the theory that
' the services of the llrm In finding imr-
ehuuera im undertaken weiu rendered in
the execution of a technical tnmt
8323 Hanklnx against Majortf Krroi from
York eount > Affirmed Irvine , C
InHtructloiiH relating to the rl IU to re
cover and havlnc no bearing on the
quantum of damuKes , cannot be complained
of by the plaintiff when thu verdict was
In hU favor , and unsatisfactory only In
Its amount.
J Hvldenco examined and held Hutllclent
to uustnln a vuidlct for Hllght damageIn
an action h > u vender of land fur falxn
leprestntatlons by the vendor an to quan
tity
829 } McCloucl-I.ovo l.l\n Stock Commis
sion , Company iiKnlnm ijoud nrror from
Douglaa county Affirmed R > an C
Under the exlstlntf conditions of the li
mits npd the showing nnulc. held that
there was no reversible error In the refusal
DRY GOODS.
E , Smith & Co.
Importer * anil Jabber * ol
Dry Goods , Furnishing Goods
AND NOTIONS ,
CREAMERY SUPPLIES
The Sharpies Company
Creamery Machinery
and SupplUi.
Pollor . Knclntn , Feed Cookers , Wood Pub
le > , Shafting. Beltlnp , Butter Pack-
ate * of all Ulna * .
WI'tM Janet BL -
ELECTRICAL SUPPLIES.
\A/estern Electrical
yv Company
Elctrical Supplies.
Eteutrlo Wlrinsr Bells and Gns Lighting
O. VV. JOHNSTON. Msr. HID Howard SU
John T. Burke ,
CO.vrWACTOK
ELECTRIC LIGHT
and POWER PLANTS
4'2 South 15th St.
FRUIT-PRODUCE.
[ \nited States
w Supply Co. . .
Iio8-iito Harney St.
Bteam Pumps. Engines and Bollem , Pljxv
Wind Mills , Steam noV Plumbing
Material. Ileltinc. Km * . Eto.
HARDWARE.
eetor & Wilhelmy Go
Wholesale Hardware ,
Omaha.
T ee-Clark Andreistn
* " Hardware Oe
Wholesale Hardware.
BlojelM And SporUnf Goodt. U49-2A-3 * Bw >
HARNESS-SADDLERY.
H. Hanoy & Go. - .
1
JJ'/'r
KNJCM , BADDLK& 4XD COLLAR !
fobbtn of Leather , Saddlery Harduart , ftt
Wo lollclt your ordar * 1315 Howard Ek
STEAM-WATER SUPPLIES.
rane-Churchill Go.
10U.10l6DotjBUs Street.
Uanufacturtn and Jobber * of Bttam , On aa
Water Supplies of All Kinds.
of the district court , after final submis
sion , to upon a cause for the reception of
additional testimony
1277 Columbus State Bank against Crane
Company ICrror from 1'lutte county He
versed Irvine , C
During a trial a plaintiff wlioee petition
wan diavvn In two countH Mated that he
abandoned the second count , except In so
far aa nvcrmcnu In thnt rount might be
ncoeHHary to complete the cnimc of action
Minted In the. first count Held that It vni
crroi for the court thereafter to aubftrit
to the jury the determination of an innu
n > levant only to the second rount
8294 Homo Fire Inbiirance Company
nnultiHt Gurnc ) Krror from JlcrrlcU
county Alllrmed Irvine C
ivllencn ( muted and held Hufilclent t
HUHtaln a dcen-u icformliiK a policy ol
nro Insurance.
2. An agent of an liiHurance company ,
empowered to receive and transmit appli
cation * and to tecelve payment of tha
premium , blndu the company by knowledge
acquired In and uhout the picparatton ot
thu applications und by reprenenutloni
made lo the tnxured whllo HO doing and
concerning the same
CIIAMUKIII.AIV ?
Cello , Cliolern nnil Dlurrhuen Ilemrdj
This U the beet medicine In the -world foi
. bonel complaints U acts quickly and cau
always bo depended upon , When reduced
with water It is pleabAnt to take. Many
families are never without this remedy aoj
always flnd it prompt and effectual. I'oi
sale by every druggist In Omaha.
I