Omaha daily bee. (Omaha [Neb.]) 187?-1922, February 17, 1899, Page 4, Image 4

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    THE OMAHA DATLT BEE : FK1DAY , "PE13B1TAUY 17 , IS ! ) * ) .
SLEEPY CYCLISTS GRIND ON
Olram in the Lend of Biz-Day Race at San
Francisco.
HAPPILY NONE IS YET IN BUG HOUSE STATE
Thirteen Klitum Arc HUM Iti dip Ilncc
nnil Illil Pair to I'ull Through
In ( limit Stinpc I'lcrco
Itcuot er .
SAN FHANCISCO , Feb. 1C. Ono by ono
the riders arc pasting tlio bail spoils which
cvory rider Is bound lo find In n six-day
firlml. Thirteen riders still remain In the
International six-day race and tlicsa ara
due to finish the race now that the third
day la practically completed. Few rldcra
ever quit nt this time. Positions have lie-
como more sfttled and llio dUtnnccs be
tween the riders place the positions of each
moro clearly , ns changes come less seldom
than was the case when the rlilcre pro-
aontcd a fresher appearance.
Today an Inspector went out from the city
to taUo tip bis quaitcrs lu the training
quarters and matched the men ns tlioy
came from the track. Ho talked with the
trainers ono by ono and found that not a
rider on the track -was In that condition
known as "bughouse" In the vernacular of
the track.
Sleepy they are , undoubtedly , and In that
condition llkoly to glvo the Impression of
imvlng reached the "daffy" staso. IJut a
little rrot , which Is prescribed by the
referee , soon places the wan right ngaln.
Hound and round the eight lap hlghty-
tanked track the thirteen men followed
each othar today. At times the riders would
sprint , but the greater part ot the work
was steady wearing to It. Incidents were
not so numerous nnd surprises were few
nnd far between.
In the slx'ty-thlrd hour , when twenty-four
miles to the good of Miller , Louis
dtrnm , the leader , left the track Tor n rub.
I only want a rub , " eald he , "for iny
business this week is 'cyclo riding and not
sleeping. "
Veil AN ! < M-I > nil UtilililiiK Table.
Hut he fell asleep whllo they wore rubbing
him and a smile was on his face as for
fifty minutes ho enjoyed the bllaa ot forget-
fulncRS. Waked again , when Miller was but
ttuvcn laps to tbu good , he rose quickly and ,
with no knowledge of the tlmo ho had been
from the track , ran nut again to the elrclo
ivhoro lay money and glory for him. Glmm
nt once took the Initiative and started n
galling gait for Miller. The Cblcagoan tired
of following and tried to run away. Glmm
trailed , the game ho has worked so persis
tently since the start ot the race. Miller
glanced around apprehensively and when
Plorco , In the alxty-suvonth hour , started
sprinting for lay after lap Glmm trailed
the Iloatonlan and Miller had another hard
chase. Then Miller left the track and In
lila dressing room ho said that team work
was being done against him. Ho was n
victim of vi\ld Imagination , ns I'lerco was
guilty only of good riding and Glmm of
, following the pace. The recovery of Plerco
came as n surprise to many who bad thought
Titm out ot tlio race.
Anronson also did some good work. N.r\\n
quit again and again nnd at times walked
across tlio track center matching the other
competitors.
Trainer Kikescalls Nawn nnd Barnaby
his babes In the woods because they are
no often lost. Yet both do some brilliant
sprinting nt times nnd Bnrnaby does much
whistling as ho worries through the hours.
Fredericks Is staying nnd gaining form.
The score at C:47 : , the sixty-seventh hour ,
i\\as as follows , the previous record being
1,092 miles , 727 yards , made by 'Miller ' In
1897 at Madison Square garden , Now York :
Miles. I nps.
Glmm 1,183
Miller 1,171
Fredericks 1,125
Anronaon 1,121
Hale 1,09. !
Plerco 1,082
Nawn 1.07G
Albert 1,003
Barnaby 1,033
Plllclngton S9S
Lawson 975
Aihlnger 9JC
Julius S33
HOOT AXU STHfT AT UAVKM'OKT.
Former Mini AVlnx on n Foul lu tlic
Seventh lloiiml.
DAVnNPOUT , la. , F b. 10. Jack Root and
Hilly Stlft of Chicago battled hero this
evening before. 1,200 spectators for the mid
dleweight championship Of the northwest.
The light was scheduled for twenty
rounds.
It was n fierce ono from the start , Hoot ,
In the first round , opening n. blfr cut above
Ills opponent's left eye anil nagging him ut
long range throughout six rounds. Stlft
relied fiercely on llercc rushes and striking
lili opponent In clinches , which was al
lowed under the conditions of the light.
In the suvcnth round Hoot still had the
better of the light. Ho went down on one
Icneo In a rush before Stlft was struck by
the latter when down anil Referee llalncy
Hognn gave the light to Root on n foul.
Tommy Ryan challenged the winner and
lins been accepted for twenty-live rounds
under the uusplccn of the Davenport club.
Crnlilll UcfftilM IloliurtH.
Following upon his defeat of Ilurke a few
weeks ago , Frank Crnblll of Missouri Vnlloy
Thursday afternoon won out from Roberts
of this city In n 100 live bird incc at the
Kipunds at the Omaha Gun club over the
river. The two men shot ror a side , bet of
J100 nnd the Missouri Valley man wqn by n
margin of two birds , tlio score being 92 to
60. The match waa an Interesting ono and
was witnessed by a good crowd of shoot rs
nnd n number of women. The Hcore was ns
'
CrnbUl 25222 22221 21202 20022 22021
2222J 2 122 22121 22112 21222
2J222 21112 22222 01222 22212
221 > 1)2 O ' G 22212 12002 22222 92
IlobertS 22221 1 220 22211 01112 11211
01111 12111 12121 12J12 21211
11012 12112 12111 01222 21122
11222 02223 01201 21201 21112 90
Killed out of bounds.
AVlnni-rn at Nmv Orli-niiH ,
NEW ORLEANS , Feb. IB. Racing WHS
resumed this afternoon nt the Crescent City
Jockey club trnrk , nil evidences of the
bllizard which prevailed early In the week
having dlsappetiiGil. The wcnthtir was
cloudy nnd utlll qulto cool nnd the track
inuddy. Father lllll Daly had the honor
of landing tlu only favorite , Sensational.
KCHUltH !
First race , six furlongs : Sensntlon.il won ,
Mola second , Lady Callahan third , Tlmo :
1-20.
Second race , six furlongs : Hhlers won ,
Fox second , TondreHS third. Time : 1:30V4 ,
Third rnco , gelling , one nnd three-six
teenths miles ; 1'ito Kitchen won , School
Girl eocond , Joe Shelby third. Tlm : 2:14. :
Fourth race , handicap , seven furlongs :
Ilobart won , Uonnerges second , Double
Dummy third , Tlmo : 1:33. :
McCoy null Cho > imkl Miitclieil.
SAN FRANCISCO , Feb. 10 Tlio ropro-
entatlves of Kid McCoy npd Joe Choynekl
today signed articles for n glove contest
on March 21 , under the auspices of the , Na
tional club , Sporting men are much Inter
ested In the raining event and the lighters
will go Into training at one * .
half of.I no SnielliTH.
ST. LOUIS , Feb. 10. A special to the Post-
Dispatch from Joplln , Mo. , saysAt loin ,
Kan , , the center of the natural gas belt of
Kansas , a deal wit ) be closed this week ,
probably today , 1.7 which 'the ' big zlna
melters ofV. . & J , L Lanyon and of Rob
ert Lanyon'u Sons will bo sold to the Pal
myra Oil company , which Is the Kansas
branch of the Standard Oil company. The
consideration will not be leas than $2,000,000
cash. These nro the largest natural gas
smelters In the world.
Mfi-cluiiit Tiillorw nil-lit
DRTUOIT , Feb. 16. The Merchant Tailors'
Katlonal exchange wound tip Its fourteenth
annual com cut Ion today with the election
of olllcers and a banquet. The election re
sulted us follows : President , W. E. Jones ,
JioEton ; flrat vice president , J. 8. Jennings ,
Detroit ; bccondlu president , F. 0 Ebal ,
Itlchmond , Va s secretary , Fred W. Croft ,
Chicago ; treasurer , It. 0. Notbohm , Milwau
kee. The next meeting will be beld at Louis *
vlllo February 8 , 1900 ,
ROW OF NAVAL MILITIAMEN
CIilcnRo'it Ilrnvo Yonnnr Men
A in o M TlioinapM CK nnil In-
lit n
CHICAQO , Feb. 1C. For two years there
has been strong feel Ing among factions In
the Illlnoh naval mllltln , which has led to
Its dlsbnndmcnt nnd Innumerable cquabblcs ,
Tonight It resulted In n lively fight , dur
ing which the windows and glass doors of
the armory were smashed , heads broken
and blnod spilled , During the evening1 n de
tachment of the old reserves lysld a meetIng -
Ing nt a downtown hotel and after they
had finished their business they adjourned
to the armory to see their successors drill ,
The drill did not meet with the cntlro ap
proval of the old men nnd contcmptous re
marks < by the latter started the trouble.
Canes , fists and anything that came handy
were used as weapons nnd while none on
cither sldo iwns seriously hurt there were
any number ot blooily noses , torn garments
and blackened eyes when the fracas was
over.
H'KINLEY ' CUEST OF BOSTON
( Continued from First Page. )
trust them ; I know ot no better or safer
human tribunal than the people. Until con-
Krefcs shall direct otherwise it will bo the
duty of the executive to possess and hold
the PhlllpplncKv giving > to the people thereof
pcnco aud beneficent government , affording
them cvory opportunity ito prosecute their
lawful pursuits , encouraging them In thrift
and Industry , making them feel and know
wo are their friends , not their enemies ; that
their good Is our aim ; that their welfare Is
our welfare , but 'that ' neither their aspira
tions nor ours can bo realized until our au
thority is acknowledged nnd unquestioned.
; S DcMlKUM ot IlllpcrlllllNlll.
That the Inhabitants ot the Philippines
will be benefited by thla republic Is my un
shaken belief ; that they will have a kindlier'
government under our guidance and that
they will bo aided dn every possible way to
bo self-respecting and self-governing people
Isns true ns that the American people love
liberty and have an abiding faith in their
own government and their own institutions.
No imperial designs lurk in the American
mind. They are alien to American eentl-
mcnt , thought and purpose. Our priceless
principles undergo no change under a trop
ical film. They KO with the flat :
"Why read ye not the changeless truth ,
The free can conquer but to save ? "
If wo can benefit these remote peoples
who will object ? If , In tiho remote jcars
they nro established in government , under
lo\e nnd Ilbuity , who will regiet our perils
and sacrifices ? Who will not rejoice In our
heroism and humanity ? Always perils and
always after them safety ; always darkness
and clouds , but always shining through them
the light and the sunshine ; always cost and
sacrifice , but after them the fruition ot lib
erty , education and civilization.
MiiNt 1,0old Into Far Future.
I have no light or knowledge not common
to my countrymen. I do not. prophesy. The
nresent Is all-absorbing to me , but I cannot
bound my vision by the bloodstained
treudhes around Manila , where e clry red
drop , whether from the veins of an Amer
ican soldier or a misguided Filipino , Is
anguish to my heart , but by the broad range
of future years , when that group of Islands
under itho Impulse of the year Just past shall
have become tbo Rcma and glories of those
itroplcal seas , a land of plenty and of in
creasing possibilities , a people redeemed
from savage indolence nnd habits , devoted
to the arte ot peace , In touch with the com-
nierco and trade of oil nations , enjoying the
blessings of freedom , of cl\ll and religious
liberty , of education and of homes , whose
children of children's children shall forever
bless the American republic becouso it
emancipated nnd redeemed their fatherland
and eot them , ln ithe pathway of the world's
best civilization.
Postmaster General Smith , the next
speaker , began with a eulogy of the presi
dent and then entered upon a summary of
the work accomplished by the administra
tion in the revision of the tariff , the restora
tion of business confidence and the reunit
ing of the north nnd south. Ho was fol
lowed by Secretary of the Navy Long In a
witty address in , which ho frequently re
ferred to Massachusetts and its sons.
SNOWING HEAVILY AT ASPEN
Mountain Trillin IHouUiMl itltli Slides
null Sn < > Anlierott MliierH
S11 IMboiiii il.
ASPEN , Colo. , Feb. 1C. It has been snowIng -
Ing for the last thirty-six hours hero and
conditions surrounding the camp are further
complicated. Whllo railroad traffic has been
partially resumed the mountain trails to
the outlying camps are about all blocked by
Immense slides of snow drifted many feet.
At Independence about a dozen people are
still hemmed In with two teams and the/
problem of their getting out Is becoming
more difficult every day. The miners at
Ashcroft have not been heard from for a
month and friends here are greatly con
cerned about their safety. The snowfall
In tlio camp has been the heaviest In fif
teen years.
FORTY THOUSAND EMBEZZLED
I3L-'lYuiHurer of Vvriion County , Mf -
Hoiirl , Arrcntcil mill 1'ut Under
Heavy lloiiilH ,
NEVADA , Mo. , Feb. 1C. Frank Parker ,
ox-county treasurer of Vernon county , was
arrested today on the charge of the em
bezzlement of $40,000. Ho was taken before
Judge Cell nnd his bond fixed at $20,000 ,
which ho has not yet given. Mr. Parker
says he expects to make a full settlement
March 1 ,
Xo Clio In o for Scnutar.
HAnniSUUHQ , Pa. , Keb. 10. The twenty-
Blxth ballot for United States senator today ;
Quay , 97 ; Jenks , 74 ; Dalzell , 15 ; Stone , 66 ;
Stewart , 6 ; Irwln , 6 ; Huff , 0 ; Tubbs , 2 ;
Marlcle , 1 ; Wldenor , 2 ; niter , 2 ; nice , 2 ;
Grow , l ; necessary to choice , 110 ; absent
and paired , 33 ,
DOVCIl , Del. , Feb. 10. The vote for
United States senator today resulted : Ad-
dlcks , republican , H ; Chandler , republican ,
7 ; Gray , 1 ; no quorum. The democrats re-
mnlncd out of the Joint convention to pre-
\ent the possible election of Addlcka.
SALT LAKE , Feb. 1C. Six senatorial bal
lots were taken today , the result of the last
ballot being ; King , democrat , 7 : '
McCune , democrat , 20 ; Powers , democrat , 3 ;
II. F. Thomas , democrat , 1 ; U. P. Cook ,
democrat , 1 ; Cannon , 11 ; Sutherland , repub
lican , 13 ; absent , 1.
Confci-i-ncie on Turin" Iliite * .
WASHINGTON , Fel ) . IG. A conference
was held here today between the Inter
state Commerce commission and the presi
dents or other principal officers of the great
railway trunk Hues over the rate situation.
There were about twenty officials present.
Since then there have been conferences be
tween the railroad authorities themselves
pnd today they reported in the main a
generally batlsfactory understanding. No
road , it was understood , had broken this in
formal agreement for uniform tariffs.
LOCAL BREVITIES ,
Albert De\\ey , n teamster residing at 1520
North Fifteenth avenue , was arrested last
evening charged with abusing hid family.
Ho was Intoxicated and attempted to throw
bis wife aud children out of doors.
Kd Tuttle. locally kuoun as the "Mayor
of Sheeley , " waa taken lute custody by the
uillco last night for disturbing tbo peace.
Ho was pounding the dears of houses In the
neighborhood of Eighteenth end leaven ,
worth streets.
William Hums , an cruploje of the umtlt-
IIIK works , was found on the streets last
ulliht Insane. Uurns was laboring under the
Impression tbat a woman hired to kill him
was . < gglng his footstcia. He begged the
pM'.M .0 protect him and as ho refused to
rou/ti to his room ho was locked up until
morning , when hewill be sent to appeal
before the Insanity couunUslonera.
FAVORS A TRADE ALLIANCE
Lord Beresford of England Upon the
Ohinesa Question ,
METHODS FOR SECURING DESIRED RESULT
United State * , ( Ircnt Hrlilnn , Germany
nnil .Inpnii Shoulil Work for ( > | iei >
Port * AVhoro All Cnn Triulo
on 12 < | tinl TcrmM.
Lord Charlca Beresford Is a great big
handsome Englishman and a titled foreigner
who spent n brief period In the city Thurs
day evening , cnrouto to Chicago from San
Francisco. He Is returning homo after a
three months' visit to China In the Interest
of the trade alliance which contemplates
a friendly arrangement between the United
States , Great Britain , Germany and Japan ,
which has for Its object the maintenance ot
the Integrity of the Cblncso cmplro nnd
the extension of the commerce of these na
tions In that section of the Orient.
In September last Lord Bcrosford went to
China os the official representative of the
various chambers of commerce throughout
the United Kingdom to mnko definite In
quiries and report upon the Tjest method
of contributing to this alliance. Inciden
tally his lordship -was Instructed to ascer
tain whllo parsing through the United States
what the sentiment of the nation Is on the
alliance subject.
In n Diplomat.
Thla distinguished gentleman Is a trained
diplomat and In splto of the fact that lie
holds all sorts of titles under her majesty's
government , among which Is. that of ad
miral of the navy , which ho won In the
heat ot battle , bo la the most democratic
of good fellows. Ho Is n member of Par
liament and expresses considerable anxiety
to get homo to participate In the sittings
of that 'body.
The Bee representative -went out on the
Union Pacific and came in with Lord Bores-
ford , The gentleman occupied a drawing
room ot palatial appointments In ono of the
now sleepers which that company Is oper
ating In connection with Its Overland Lim
ited trains. Howas accompanied by his
private secretary. Robin Grey. Ho talked
nt length on the subject of his Investiga
tion and asserted that ho ( believed the plan
of the alliance ifor trade purpose of Ger
many , Great Britain , the United States and
Japan Is not only qulto feasablo , but a very
desirable thing for nil concerned.
In discussing the subject his lordship ( be
came qulto enthusiastic. "You see , " he re
marked with n broad English accent and
the kindliest expression Imaginable upon his
face , " the nations mentioned are the only
ones having any trade relations with China.
Franco and Russia -want territory , for they
bavo no trade and nothing to gain 'by ' any
trade considerations , but at course they
cannot oppose -with force such an aggrega
tion as the powers mentioned. At present
England lias about $185,000,000 of trade an
nually with China , Germany follows with
$15,000,000 , the United States with $35,000-
000while - little Japan has $20,000,000 , Now
this can bo Increased an hundredfold by the
plan the trade unions of the United King
dom have In view and yet China bo tbo
gainer Ih every respect. At present It la a
game cf grab and the Chinese empire can
not survive the present plan long. Then ,
too , the peace at the world Is threatened ,
whereas on the plan ot the chambers of
commerce , the peace of tlie world will bo
secure , the Integrity of the greatest empire
of the Orient will be guaranteed and all
the vast territory 'bo thrown open to trade.
Open I'oriB Arc "VVmiteil.
"At present , ot course , each nation has
a so-called 'sphere of Influence' and In that
zone they are supreme and all kinds of
conflicting duties are levied. What wo tradIng -
Ing nations want nro open ports where all
nations can trade on equal tonnfl. The par
tition of China among the powers Is In
evitable If some such solution Is not offered
soon. In my investigation I visited thirty-
one of the prominent ports of China and
practically covered all the southern prov
inces , therefore I am well Informed on the
subject. Of course China must have reve
nue and the open ports will afford thjs.
Then when her army and navy are reorgan
ized and officered ( by representatives of the
civilized nations the country will soon
'bloom ' like the Garden of Eden. I find
much sentiment In this country In favor ot
this plan. We do not want an alliance ,
defensive and offensive , such as will glvo
cause for hard feeling on the part of other
nations , but merely a friendly understand
ing.
ing.Whllo
Whllo his lordship -naa talking the train
was making tremendous speed. The flyer
was Into nnd from North Platte to Omaha
the long train mas toeing pulled along at
the rate of a mile a minute and better. Bo-
tiwcon Grand Island and North Platte , 135
miles , but 130 minutes were consumed and
frequently the train made eighty miles an
hour. When Lord Beresford vias told what
swift tlmo ho was making ho was amazed.
"Why I never saw anything like It. And
then , too , this dining car system , It Is
grand. The appointments of this train nro
a constant source of surprise to me. Why ,
I can write , drink ray coffee nnd ibe travelIng -
Ing nearly two miles a mlnuto nnd the flying
train scarcely making a single jolt. I have
heard a great deal of the Union Pacific , Ha
engineering miracles , etc. , but the palatial
trains and their wonderful speed are suffici
ently Interesting to attract all my atten
tion. "
When Lord Bereatord reaches homo he
will have traveled 33,000 miles since startIng -
Ing on his Investigation.
Muxlu tor tlic Children.
Miss Marie Rent Hofcr of Chicago eave
two lectures In the Young Women's Chris
tian association rooms Thursday under the
auspices of the Omaha Mothers' club and
she will complete heir series by giving two
more today , 0110 this afternoon and oqe this
evening. Both of the lectures yesterday were
largely composed of women. Miss Hofer'e
lectures bear upon the use ot musk : In the
early education of children. She seeks to
Impress the Importance of having children
ox prow themselves understanding/
music. Her ideas are another branch of
modern methods lu kindergarten teaching.
She would do away entirely with songs
which the children cannot understand and
In tiholr place use familiar melodies to which
simple sentences have been arranged ,
thereby Interesting the children and Induc
ing them naturally to tnter Into the pplrlt
ot the words and to expcess their feelings
by the manner of their song. She gave ex-
amplea by singing dancing1 eongs and others
which are easy for the young to learn , yet
carrying an object leeaon.
Iluimitay Hey Found.
A 9-year-old boy giving bis name as Ftcd
McFarland was found by the police last
nlKht wandering about the streets In tin.
neighborhood of Sixteenth and Chicago
streets. When taken to the Matton the little
fellow said that his home was lei Fremont
and that be 'had ' como to the city from that
place during the day , having made the trip
In a fnnr.r-r's wagon. Tlio farmer , the lad
said , had abandoned htm about supper time
and had darted to return to Fremont. The
story was belleu'd by the police and the
boy waa given a wiarru bed In the matron's
room. When search was made 'for his
friends It developed that the lad Is Freddie
Lynn , Wbo ran away from hie home , 3423
Mason street , Tuesday afternoon to escape
a whipping. His father was notified and
Freddie was itnken home. He would not tell
where be has been elnco Tuesday.
Clone of ltr > l > nl 3Ii > elluur.
Rev. Morton Smith will preach bis last
sermon tonight at tlio First United Presby
terian church. The meet In ITS have been well
attended and much good has beoii accom
plished. A number of persons have been led
to God and < ho membership has been greatly
revived. Mr , Smith goes on Saturday to
lovid , where he will hold meetings At Wln-
throp ntul later nt Fort " \Vaync , tnd. The
evangelist's Afternoon talks on prophecy
have been greatly enjoyed.
vrltlt DctrctUrx.
Detectives Havey nnd Jorgensen had
fierce encounter under the Tenth street via
duct la t night with two ttioak thieves , whc
attempted to lay them out. By good tut
of their clubs itho officers came out vic
torious , but when they reached the police
at at I cm with the prisoners they carried
nearly ns many marks ot the fray ns the
men they took Into custody. Frank Lewk
nnd Charles Galvln are the men arrested.
Snip of South I'nrk I.lno.
DCNVnn , Colo. , Feb. 16. The sale of the
Sauth Park lintto itho organizers of the
Colorado & Southern was approval by J. 0.
Hallett of the United Stntci circuit court to
day. Notice ot a contest of that action wee
filed by Wells H. Hendornhot , nttorney for
Mrs. Helen M. Kerr , who claims the land
on which Kcnosha utatlcti la located.
for tlic Cnr > of Confrilcrntc Orn\CN ,
WASHINGTON , Fob. 16. Representative
Bland ot Missouri toady Introduced a reso
lution providing that the government should
take immediate stops to care for the gravci
of confederate dead In accordance with the
suggestion of President McKlnloy.v
of Stitlilo KIllH Tun Men.
WASHINGTON , Fob. 1C. By the collnpso
of the roof of the Ebbltt house livery stable
today Clarence Gross nnd Joseph Hill ,
drivers , were killed. FIve others were
slightly Injured.
lOXOIlANCU OF TIIU FILIPINOS.
Mlnfloiirl Solillcr Dcnci-Hion tlio Ilftr-
ImrUy of Their McthoilN.
MAKYVILLE , Mo. , Feb. 15. ( Special. )
Harry H. Kerr , a Maryvlllo young man
who Is n _ mcm'ocr of Company L , Third
United States artillery , now In the Philip
pines , forecasted with remarkable accuracy
the events of the last few daja there In n
letter written January 2 , which has Just
been received horo. After describing at
some length Agulnaldo's advisers , their aims
and characters , ho said :
"In this sketch of Agulnalilo's generals
and intimate associates I ha\o tried not to
bo prejudiced against the insurgent leaders ,
but my conclusions are that many of them
are greatly In need of education. Most of
them nro honest , niany nro rascals of the
worst typo and all need to learn much of
the art nnd science of war. If they nro
ever engaged in deadly conflict they will
bo found wanting in the commonest class
of military movements aud will have their
followers slaughtered like sheep In a butcher
pen. All they know about war Is what
they have learned in resisting the Spanish ,
nnd that war was nothing but guerrilla war
fare of the most barbarous sort. To como
out and meet n foe on an open battlefield
would be n now oxperliaco to them , nnd
after they have had a taste of It they will
not bo Inclined to face tbo muslo again.
After ono or two brushes with the American
soldiers I think they will take to the woods ,
and conduct a guerrilla warfare. If they
do we T111 have n hard and dangerous time
fighting them. "
SUPREME COURT SYLLABI.
No. 10IS3. Dalloy against Stato. Reverssd
nnd dismissed. Error from Douglas county.
Ragan , C.
1. A woman not "previously unchaste"
within the meaning ot section 12 , chapter
lv , of the Criminal Code , is ono who baa
novr had unlawful sexual intei course with
a male prior to the intercourse , with which
the prisoner stands Indicted.
2. The object of the statute 1 > to protect
the virtuous maidens of the commonwealth ;
to protect those girls who are. undefiled vir
gins ; and a femaJa under 18 years of ago
and over 15 years of ago who has been
guilty ot unlawful Intercourse with a male
is not within the act.
3. The slst of the crime denounced by this
statute Is the defilement of n virgin with
her consent over 15 and under 18 years of
ago by a man over 18 years of age.
4. The prisoner was indicted for rape
under the utatuto for having1 in Nebraska
had sexual Intercourse with her consent
with a girl over 15 and under 1 $ years of
nsra and not "previously unchaste. " The
evidence showed that the female nfter she
was 15 years of nso and beforn her sexual
Intercourse with the prisoner In Nebraska ,
had had illicit sexual Intercourse for the
first tlmo with him In the state of Iowa
and that she had sustained such relations
with no other man than the prisoner. Held :
That the evidence would not sustain a con
viction.
5. In such an Indictment may bo Included
all acts of unlawful sexual intercourse
which occurred between the prlboner and
the prosecutrlx In the state of Nebraska
after the female became 15 years of age
and which were not barred by the statute
of limitations.
6. The state In a criminal prosecution
may not invoke against the prisoner the
doctrine of estoppel.
7. To sustain a criminal conviction It IB
not enough for the state to show that the
prisoner Indicted has violated the spirit of
the statute , but the evidence must show
beyond a reasonable doubt that ho has of
fended nsralnst the very letter of the law.
No. 10322. State against Konnard. Re
versed. Error fiom Lancaster county. Ra-
gan , C.
1. At Uio time of the admission Into the
union of the state of Nebraska the lands
therein occupied In common by the Pawnee
Indians and known as tbo "Pawnee Indian
reservation" were public lands within the
meaning- section 12 of the act of con-
cress known as the enabling' act. (13 ( United
States statutes at large , 47. )
2. The fee simple tltlo to said lands nt
said time- was in the United States , en
cumbered only with the right of Bald In
diana to occupy the same- .
3. By section 12 of said enabling- net con
gress granted to the state of Nebraska 5
per cent of the proceeds arising from the
sale ot nald lands , which took effect upon
the extinguishment of the Indian's right of
occupancy nnd the sale of the lands by
the United States.
4. State against Kennard , 55 Neb. Rc-
afllrmed ,
8705. Smith nenlnst Neufeld. Reversed.
Appeal from Hamilton county. Ryan , C.
1. Equitable relief may 1)3 granted for the
removal from a homestead of the apparent
lien of a Judgment on the theory that such
Hen , thouKh only apparent , 18 a cloud upon
the owner's title.
2. A general demurrer was Improperly
sustained to a petition wherein were allega
tions that plaintiff bad succeeded to the
homestead rights of his Krnntor nnd that
such rights were within tno statutory lim
its dellnlntr homestead exemptions. thouKh
such homestead rights were assorted with
reference to but n portion of nn entire 320
acre tract ; nnd th& prayer ot the petition
was for equitable relief ns against the ap
parent liens of certain described ordinary
judgments which bad been rend red against
the said grantor while ho was entitled , as
owner of the land , to the statutory home
stead exemption Invoked by plaintiff
S714 , Moseley against Chicago , liurllnirton
& Qulncy Railroad Company. Rovera'd.
Appeal from Lancaster county. Sullivan , J.
1 , The agreed consldoratlon for the grant
of a rlKht-of-wny , Is conclusively presumed
to Include the value of the land conveyed
and all damaees to the grantor's adjacent
lands , resulting from the non-npRllKont con-
strurtlon and operation ot the road ,
2. Where the part of the consideration for
a rlcbt-of-way deed IB the promise of n rail
road company to construct and operate a
line of road over the grantor's land , the
failure of the company to perform Its agree
ment do > not entitle the grantor to a can
cellation of the deed.
3 The remedy in such case is by an action
nt law to recover the damages rsmiltlnsr to
the prnntor frnm the company's failure to
perform Its contract.
4. Whore a plaintiff has mistaken his rem-
edv , but Is apparently entitled to some re
lief , the cnuso may K * remanded with dl-
lectlons to the trial court to permit a
reformation of the issuesi
No. 8 < ili. Sttinrt against Hank of Staple-
burst : No. S012. Stuart nffalmn Bailey : No.
8013 Stuart against 7Iolt ; No. 8014. Stuart
against Jones National Bank ; No. 815 ( ! ,
Stuart against Uttca Bank AlUrmed. ! > -
ror from Sewnrd county. Harrison. C J.
1. In an action In a state court wherein a
removal to a United States court Is Nought
under the provisions of section 2 of the net
of congress of March 3. 1SS7 , us corrected
In 1SS6 ( see 23 United States Statutes at
Large. 433) . nnd it appears from the fac of
tbo record that the suit Is not a removable
one. the application does not deprive the
state court ot Its jiirlndlrtlon ,
2. The better practice In such a case In ,
upon a proper application in the state court
for removal to the federal court
for the state , court to suspend
proceedings In the suit and await the action
of the federal tribunal on a motion to re
mand but Its action during- the Interim
may be of force and valid.
3. Directors of r national bank , who in
simulated pprfor/nanco of the duties pre-
zcrlbcd by the Jaw applicable to such an
institution relative to the preparation and
publications 'jf advertisements , statement *
r
It is our misfortune that the people of Omaha have such
an opportunity of selecting , at almost no price at all , any ar
ticle in our well ' assorted stock of Jewelry , Watches , Diamonds
mends , Clocks , Silverware , Lamps , Umbrellas , Pocketbooks ,
Cut Glass , Bric-a-Brac , etc. , etc. Col. J. F. Turner will
sell to the highest bidder any article that may be selected
nothing reserved. The ladies are particularly invited to at
tend these sales and inspect the stock you do not need to
buy. Seats provided and every polite attention shown.
GUT PRICES ON ENGRAVED STATIONERY AHD CARDS ,
100 Engraved Cards and Engraved Plate $1.00.
C. S. RAYMOND CO. ,
Snles Daily nt 2 and 7:30 p. in.
Southwest Corner Douglas and Fifteenth Streets.
and reports , knowingly mnko nmlpublish
false statements nnd reports of the finan
cial condition of the bank with Intent to de
ceive , nnd such matters are believed and
acted upon by parties to their dnmaRe , nro
liable for the damages In an action for the
deceit.
4. The liabilities which are fixed In the
national banking- law for violation of Its
provisions are not exclusive nnd do not pre
clude the action for deceit.
5. The petition in the cnso at bar held testate
state a CQUBO of action for deceit nnd not
for icllef under the national banking law
nnd to present no federal question for ad
judication.
C. The statements nnd reports which nre
required and are made to the comptioiler
and published In the newspapers have
nmons1 their purposes that of conveyance
of Information to those persons each or all
who contemplate dealings with the bank In
whlfch Its financial condition enters as n
vital matter.
7. A petition In an action for n tort which
joins sovernl parties ns defendants , if it
states a Joint act and relative to a tort
which may from Its nature be joint or com
mitted by persons in combination , is not
open to attack by demurrer oh the ground
of mlsjolnder of parties defendant.
8. Questions of which there la no assign
ment in the petition In error will not bo
considered on review.
SG9G. Luse against Rankln. Revered. Ap
peal from Blalne county. Sullivan , J.
1. A Judgment rendered against a party
upon whom process has not been served
and who has not submitted to the juris
diction ot the court Is unauthorized nnd
void.
2. When the , state > accepts a statutory
application for a lease of school lands
nnd Issues Its receipt In duo foim for an
installment of rent paid by the applicant ,
antecedent conditions being performed , a
binding and enforceable contract Is created.
3. One who has occupied and Improved
school lands of the state , wnlvei his right
to compensation for the improvements by
elcctlnir to remove them ,
SCS3. New Hampshire Trust Company
i " iln t 'Corsmeyor Plumbing nnd Heating
Company. Affirmed. Error from Lancas
ter county. Irvine , C.
1. A judgment in an action tried to the
court without a Jury will not bo reversed
for the admission of Improper evidence ,
provided there be sufficient proper evl-
dnnce to sustain the finding :
2. To render admissible In evidence a let
ter purportlmj to be In answer to an
other , it Is not necessary to also offer that
which It answers provided th& letter offered
be In Itself fairly self-explanatory.
3. Evidence held to sustain the finding
of the district court.
8551. O'Neill against Clark. Reversed. Er
ror from Holt county. Irvine. C.
If nn irregularity in the manner of administering
ministering- oath to a witness bo known
at the time , objection must then bo made ,
or It will be waived.
2. Under the statute relating- arbitra
tions , the arbitrators must In their award
state separately their findings of fact and
conclusions of law ; but this requirement
Is mot if the finding- as certain as l.s
required of the verdict of a Jury.
3. A single cauce of action having- been
submitted to arbitration , an award where
by the arbitration "find for the , plaintiff ,
assess her damages" at a sum named and
"award" her that sum Is a sufficient sepa
rate finding of facts nnd of law.
4. A submission to arbitration provided
for three arbitrators , that the award might
be made by any two and If so made would
be binding1 , it also provided that the
award should be In writing signed by the
three arbitrators named. Held , that the
last provision should not be so construed
as to nullify that for an award by two ,
but that It meant that the award must
bo signed by these of the arbitrators con-
cuirlnir therein.
SCS9 , Missouri , Kansas & Texas Trust
Company against Richardson. Revet sed.
Appeal from Lancaster county. Sullivan ,
"l. In an action to foreclose a mortgage ,
prior Incumbrances may be made parties
defendant for the purpose of having the
amount and rank of their Hens adjudi
cated ,
2. A creditor whoso claim has not been
reduced to judgment , nnd who has neither
a general nor specific lien on Ills debtor's
property , Is not entitled to huvo such
property Impounded as security for the
3 Nor is such creditor entitled to an In
junction restraining his debtor from disposing
posingof some or all of Ills property.
Neither Is ho entitled to a decree can
celling- fraudulent transfers aheady made.
4. A lessee i entitled to Interest at the
rate of 7 per cent per annum upon advnnco
payments of rent made for tlie accommo
dation of the lessor and at his request.
5. Without the landlord's consent , a ten
ant cannot , by assigning the lease , absolve
himself from nn express covenant to pay
rent , or otherwise change the conditions of
10199. Troup' against Horbach. Affirmed.
Appeal from Gnse county. Sullivan. J.
1. Wheio a judgment In an equitable ac
tion Is reversed and the cause remanded
for further proceedings not Inconsistent
with the opinion filed In the case , tbo dis
trict court may , If consistent with the views
expressed in the opinion , permit a reforma
tion of the Issues and a trial de novo.
2. Hut there Is no strict and absolute right
to file now pleadings in such case , ' 1 lie
matter Is committed to the sound discretion
of the court and Its notion In the premises
will not bo reversible error unltHH It
amounts to an obvious abuse of discretion.
3. In order to bring up for review any ac
tion of the trial court with refurenco to
the amendment of pleadings It must appear
by the record that an exception was taken
to ttifl order complained of.
4. An order denying an appllcat on for
leave to amend pleadings is interlocutory
and not appealable.
5. An order refusing a party permission
to dismiss his action Is not final and can
not be brought here for review by appeal.
fl. On appeal to this court the only ques
tion to bo considered IB whether the judg
ment or final order responds to , and Is war
ranted by , the pleadings nnd proofs. To
reach errors In Interlocutory prdera a peti
tion In error tfhould be filed with the record.
10330. Nebraska Children's Home Society
against Stato. Affirmed. Krror from Doug
las county. Irvine , C.
In a contempt proceeding based on the
alleged violation of a judicial order , such
older may bo examined only with n view
to ascertaining whether It was * coram
judlce. No mere error or Irregularity
therein , or In tbo proceedings leading
thereto , excuses Its disobedience ,
2 A writ of habeas corpus , allowed by
competent authority , may not be disre
garded because allowed on an Insufficient
petition. A writ so allowed is not there
fore void
3. Although our habeas corpus Act requires
a writ to be directed to the sheriff , whcro
tliir person charged with an unlawful re
straint Is not an officer charged with the
tuttody of lawful prisoners : still the court
or Judge In vacation , who has Jurisdiction
of the proceedings , may , when such writ
pro\r unavailing to produce the prisoner ,
require by ordr apy party to the prooe.ed-
ing who is shown to have control of the
prisoner , to produce his body ,
4. The power to punish for contempt la In-
< ldent to every judicial tribunal , derived
from its very constitution , without any < x-
priss statutory aid , and may generally be
ex rrlsed only by that tribunal whoso order
/ia been violated or proceedings Interfered
with.
C. Contempt proceedings may be punltly *
merely , or they mnv bs remedial , to compel
obedience to an older for the tlmo resisted ,
C. Without determining the power In such
n cnso to conduct purely punitive proceed
ings , held : That a jinlga In vacation , voslcit
by law with jurisdiction to conduct certain
proceedings , has the Inherent power Incident
to that jurisdiction to hear anil determine
proceedings for the. purpose of enforcing
his orders In the principal matter.
7. The power to punish for contempt being
restricted to the tribunal whoso authority
Is defied. It Is not error for n Judge who ,
within his authority has made an order In
vacation , to refuse to transfer to another
Judge for hearing a proceeding In contempt
based on the dlsob'dlenco of such order
8. If the terms of tin information In con
tempt clearly show that the net complained
of was willful the information will not beheld
hold bad for the failure to use the word
"willful. "
9. It Is not necessary In a contempt pro
ceeding that the defendant be formally ar
raigned.
10. Whcro a contempt proceeding Is In
stituted bv Information and n rule to show
cause. It Is the duty of the defendant to Hl-s
an answer If he desires to traverse the facts
charged. Falling on sufficient opportunity
to do so , the court may treat the facts al
leged In the Information as confessed.
11. Where the. object of n contempt pro-
C'edlng Is to compel obedience to an order
which may still be obeyed. It Is not error
to sentence the defendant to Imprisonment
until he shall obey tuch order nnd In addi
tion to Impose a reasonable fine for past
disobedience.
SCSO. Tspoel ngalnst Shutt. Appeal from
Hurt county. Norvnl , J.
1. While n. court may construe and enforce
contracts duly entered into , It is not the
province of the Judiciary to make , contracts
for parties.
2 A tender , to be effectual , must bo with
out conditions nnd made 10 the party enti
tle ! to receive the same.
3. Ordinarily a bank check Is not a suffi
cient tender of money.
4 A written contract cannot be varied ,
modified or contradicted by parol evidence
of a prior or contemporaneous agreement
between the parties.
5. Rulings on the admission or exclusion
of testimony cannot bo reviewed whore the
cause Is brought to this court on appeal.
G. Ono Is not entitled to a rescission of a
contract who Is unwilling to perform bis
part of the agreement.
7. The contract for the. exchange of lands
set out In the opinion construed , nnd held
tbat the forty days designated therein for
the exchange of deeds did not commence to
run from the time the contract was made ,
but from the effecting of a loan of a certain
sum of monev stipulated to bo made , by ono
of the parties In consummation of the trade.
8. Under the evidence , plaintiff was entitled
to a specific execution ot tbo contract for
the exchange of lands.
SG03. Arlington State Bank ngalnst Paul-
sen. Reversed. Appeal from Douglas
county. Rngan , C.
1. Whether the title , to the testator's real
estate vests at bis death in his executors
or heirs Is not to be determined solely by
the presence In , or absence from , the. will
of tome particular words or conveyance , but
determined ED as to accord with the testa
tor's Intention as deduclble from an exam
ination of the entire will.
2. The presumption Is tnat the executors
are Invested with sueb power nnd all the
power necessary to enable them to- carry
out the testator's intention with reference
to the deposition directed by him to bo.
made of his property.
3. The -will of a testator directed his ox-
ccutors to pnv hi" debts out of his personal
CHtat" and if thaf'provpd Insufficient "lo
sell nnd oonvev" his re.il estate for that
purpose ; nnd , "to sell nnd convey" his real
estate nnd pay the proceeds over In certain
proportions to certain heir * Held : That
the legal title to the ical estate of the testa
tor vpstcsl on his death In bis executois.
4. The executors of sucri will conveyed
the testator's real estate to one of his heirs
upon the sole consideration that she would
mortgage It to recuro monQy for the use of
the executors and then re-convey to the ex
ecutors subject to suoh mortgage. This was
done. Held : That the transaction between
the executors nnd heir was not n sale and
convevanc * within the moaning of the will
B. The will gave the executors power to
convey the real estate onlv to an actual
bonn fide purchaser thereof.
C The conveyance by the executors to the
he.lr was a voluntary one ; and , ns to her
nnd her grantees with notice , void nt the
suit of the oitatc nnd Its creditors and nt
the suit of prior Judgment creditors of the
bl > ncficlarlps of such estate.
7. One who took from such heir a mort
gage on the , real estnto BO conveyed to her
by the executors , having Knowledge at the
tlmo that the heir had not actually pur
chased such real ntntc ; or one who , having
knowledge of such facts In the premlRes ns
ought lo put a prudent man on Inquiry ns
to the character of tbo heir's title , took
Hiirh mortgage wl.tnout inquiry , when n
reasonable investigation would bavo re
vealed the defect In the heir's title , Is not
a subsequent Innocent purchaser nnd enti
tled to protection ns such.
8. That one Is n subsequent innocent pur
chaser of real estate Is nn affirmative defense -
fense , which the claimant to avnll htmr If
of , must plead , and upon him Is the burden
of proof to establlch It.
0 One , who claims the protection of the
rule applicable to mibsequcnt Innocent pur
chasers without notice Is not relieved frnm
the duty of nlllrmntlvfly pleading and
proving the farts , which hp claims nhow
him to be such Innocent purchaser l eniun
ho claims under tbo viidee of nn r-xpcutor ,
and the conveyance from such executor
Is attacked by the Judgment creditors of
the beneficiaries of the trust pinperty an
having brpn mndo without consideration
to the Unowledgo of the one claiming ; to
bo an Innocent purchaser.
10. Where the will of a testator vMts the
legal tltlo to his real estate In his exec
utors and directs them to sell and convey I
It and piy the proceeds over In certain
proportions to certain heirs the Interest of
such liclrf In such procrcda Is property.
11. Hut tlio heirs have no Interest In the
real estate as such ; and , It cannot be
seized on attachment by their creditors
nor Is a Judgment against them a Hen
tlipreon.
12. The district courts of the state nro
Invested with ample powers to enjoin exec
utors from dl\ortlng trust property ; to
annul conveyances made by them without
consideration In violation of the trust ; nnd.
on application ot a prior Jmlijmeiit creditor
of a beneficialy of such trust property ,
when mich creditor ban exhausted his legal
remedies , to compel the Interest of such
beneficiary lu such property. If not n-
empt , to bo ripplled to the payment of
his debts.
13. The presumption is that a will which
simply clothes executors with power "to
sell and convey" tbo testator's real estate
for paying debts and make distribution of
the remaining proceeds to certain persona
does not confer on the executors the power
to mortgage such real estate.
11 Hut such presumption may bo over
thrown when an examination of the whole
will shows that the disposition directed
by the testator to be made , of his property
IB of such a chaiactor as authorizes the
inference that it was the testator's Inten
tion that bis executors should have power
to mortgage his estate.
15. When executors of a will have In
dividual Interests In the testators prop
erty , whether a conveyance mndo by them
shall bo construed as an execution of the
trust or a conveyance of their Individual
Interests Is a question of Intention ; and
if from the comeyanco Itself It Is apparent
that It was Intended as an execution of the
trust In pursuance of the will it will bo
so construed.
IG. Whcio a trustee wrongfully makes a
voluntary gift or conveyance of trust prop
erty whether a subsequent creditor of the
beneficiaries of such trust property may
successfully Invoke the aid of a court of
equity to annul the wrongful disposition \
made of the trust fund , to restore , It to '
the trustees and cause It to be applied
to the payment of debts of the bene
ficiaries , not decided.
17. Tlie doctrine or ruleof subrotmtlon Is
not a fixed and Inflexible rule of law or
equity ; It does not owe its origin to
statute or custom ; it is n creature of the
equity courts Invented and applied by thorn
to do Justice or prevent an injustice being
dona in a particular case and under a
particular state of facts whcro the law is
powerless In the premises.
IS. A testator directed his executors to
sell nnd convey his real estate and pay
the proceeds over In certain proportions to
certain Heirs. The- executors deeded the ?
real estate without consideration to ono
of the , Jielrs and she mortgaged It to a
trust company and a bank. In a suit by
the Judgment creditors of the heirs to an
nul the conveyances of the executors nnd
the mortgages made by the heir the cred
itors were given a decree as prayed , but ,
held , that the mortgagees wore entitled to
Judgments ngalnst the tentator'8 estate for
such of the moneys represented by their
mortgages 0.9 were actually applied to the
payment of debts allowed by the probate
court ngainbt the testator's estate ; ns were
actually used to discharge taxes against tlio
real estate of the testator ; as were actually
applied to discharge debts of the testator
secured at the tlmo of Ills death by mort
gages on bis real estate , such judgments
to bo liens against the property of tlio
testator's estate ns the allowed claims of
other creditors and paid in due course of
administration.
SCO I. Phoenix Insurance Company against
Holcombe. Affirmed. Error from Dawson
county. Sullivan , J.
1. In nn action on a contract of Insur
ance containing a clause forbidding other
Insurance without the written , consent of
the company , n reply defectively alleging
notice to the Insurer that additional In
demnity had been obtained , will , nfter
trial on the meritsbe liberally construed
with a. view of giving effect to- the evi
dent intention of the pleader.
2. An insurance corrymny which com
mits to an agent tbo supervision nnd In
spection of its risks. Is charged with
knowledge of any fact learned by such
agent while engaged In the performance of
his duty as such Inspector. ,
3. An Insurance/ company , having notlcef *
that the Insured has obtained nddltlonulf
Insurance In violation of the contract , will
liu deemed to have waived Its- right to
Insist upon a forfeiture when It refrains
for moro than ten months frorrjcxorclslng
Its right , and then bases an attcnrpted can
cellation upitn other grounds ,
4. A condition In a. contract of Insurance
which prohibits a sale , transfer or any
change In the title or possession of tha
Insured property , without the consent of
the Insurer , ban no application to a sale
or transfer by ono partner to another of
Ills Interest In the partnership property.
5. Forfeitures are not favored , nnd In
contracts of insurance a construction ra-
sultlng in a loss of the Indemnity for
which the Insured has contracted , will not
be adopted except to glvo effect to the
obvious Intention of the , parties.
G. Tlio Insured propeity was merchandise
nnd machinery used In manufacturing. The
policy provided that If the Insured property
im a manufacturing establishment. Its non-
operation would avoid the contract. Hnld ,
that the Insured mnrbliiory was not a
manufacturing egtahlluhjiicnt within the
moaning of the policy.
7. The decision of preliminary IKHIICH
touching the competency of witnesses , or
mlmlHHlblllty of evidence Is for the trlul
judge.
8 If proITered evidence IH prlma fncUt
( idmlsHlblo It Is the dutv of the court to
receive It ; otherwise It should bo rejected ,
9 Thti evidence examined and held to bo
Hiilllcli'nt to mtstnin tbu verdict.
St > 73. lloliHon ugalnst Cummins. HtvorHcJ.
Hrror from Dawson county. Norvnl , J
1 , Where a personal notion l properly
brought in ono county and service of man-
menu Is had therein upon a real defend
ant , summons may bo loaned to any other
county of the state to bring In other par
ties defendant ,
2 , A summons Issued bv a county court
for 11 defendant rcHlilIng In a county pthcr
than the one In which the suit In brought
Is properly directed to the sheriff or any
constable of such county ,
3 , A wimmoiiH Issued by a county court
Is not rondciedoM hernuso it does not
contain the names of all the persons made
defendants.
4 , The ntntuto of limitations as a defense
Is waived , unless ruined cither by demur
rer or answer.
Don't use
an Imitation especially imitations of Pearl-
ine , Many are dangerous. And
dangerous washing powders can
never be cheap no matter how
little you pay for them , Peddlers
and untrustworthy grocers will tell
you the stuff they offer is " Pearl-
ine , " " same as , " "as good as , " "made
in the same factory , " etc , It's false ,
Pearline is the standard washing
compound ; never peddled ; gives no prizes ; simply stands
on its merits as the best , safest , and most economical. T