TIFF. OMAHA DAILY NEE : VV. APHITj Gfl. MICH 10011 FOR REFORM Features of School Minaffament Wldo Open for Improvement. VIEWS OF A NOTED EDUCATOR Ann * ill * flr r , , , , , ! * IIIK ! DoiinUon * to e'-SelioolN of < : renter New VnrU IMneiifloii Of I lu > IlllllllllM. 1'roslilcnt Kllol of Harvard college , de livered an address before tlio Massachusetts. Ucform club In Hosttm rcccntlj on the sub- JccA of public school reform * ) . The address r/nbrnced thrco divisions school sites anil tmlldlngs , selection of teachers , and mom- fcenliln of school boards. While the notc.il educator addressed himself to conditions prevalent In Boston , thcso conditions flo not differ from the Imperfections of the public school system of other cities , hence Ills criticisms have n national application. Ono point made wllli reference to school sites la particularly applicable to Omnhn "Tho first evil which v\o hmo had experi ence of , " said President nilot , "li tlie want of forethought In the administration of our schools. The population of all our largo cities uhlftH and Increases , and I have Jiovcr heard of any largo city uchool com- nilttoo which has been able to foresee and calculate upon such shifts. Yet only n very moderate amount of foresight It needed for that puipose. In Dostono have seen cer tain school houses practically abandoned , or their attendance greatly diminished , whllo in other quarters school accommodations liavo been completely lacking , or , at least , the school children hnvo boon greatly crowded , making It liccersary to hlro out side city buildings for the purpose of temporary accommodations. This Is a very great evil ; It Is an extremely wasteful uvjthod for any city. " Concerning the selecting and appointing of teachers , President Hllot said : "Mem- licrs of school boards are all subject to Im- inoper Influences In the selection of teach ers. They nro all disposed not to look Iirlmailly and always at the Intel cut of the children In the selection of teachers. When ever on Incompetent , disabled or Indolent or uninspiring teacher Is Kept In charge of fifty-six children for n year , a grave InJury - Jury Is Inflicted upon e\ory one of those children. It is nn Injury not visible to us llko the killing of 200 men at Santiago. Hut , vvoiso than that , none of the city ) echool committees hnvo any adequate means of getting out of their system teach ers who have demonstrated their unfllnesi , and this again Inflicts untold Injuiy upon successive generations of children , who come under the Influence of thcso incom petent or disabled teachers , when they could 1)0 ) under the influence of Insplilng , able and vigorous teachers. A\lio can calculate the effect on the children of Boston of maintaining in the corps hundreds of In competent teachers ? ' "Thero is another evil , " ho continued. "There is not a largo city school system that I know of that Is not subject to tha charge that It inflicts the greatest phjslcul Injury upon Us children through neglect to provide fresh air In adequate quantities , clean water-closets , good plumbing , and adequate heating and ventilation of the rooms. A report Issued by an organisation which In 1S98 Inspected all the Dostou school buildings , and again In 1899 , says that nearly half the ; school buildings ofthe _ city are still in I lib condition to be de scribed by such words as 'bad , ' 'disgrace ful , ' 'horrible. ' And the details of this c- port show that there exist In many school buildings rlghl in this city conditions which none of us would permit In our own houses. u -it i i. , . . . , . " . ' Means of llcforiii. "Now , what arc the means of reform ? The first of these is to make in school man agement the distinction familiar to nil Americans between the leglslatho and ex ecutive departments. There exists today in the city of Boston , in spite of the admirable effort of the school committee to reform Itself without the aid of legislation , much confusion of these two departments. The function of the school committee should be legislative In the main , and executive only in the sense that It selects experts for the conduct of the different blanches of Its busi ness , and holds them responsible strictly to It. As to the size of the school committee In the different projects now before different legislatures In this county , the numbers of the proposed now and smaller boards \ary from seven to elo\en. I believe In the smaller number , because efllclency Is gicatly A promoted In a body of this natuio by simply having what General Walker called 'a round table board. ' I have had thirty years' ex perience ns a member of the most successful board which ever existed In the United States the present 'president and fellows of Harvard college' and It is abbolutcly the most successful In this country. It has been steadily nt work for 2GO > cars. H has never lost one dollar committed to Its trust through any malfeasance or misbehavior of Its sub ordinates In this tjpp of board wo have got nn experience corroborated by the ex perience of such Massachusetts enterprises ns the metropolitan sewerage system , the metropolitan park system , the Metropolitan Water board and the Transit board. Hero aio four Instances of absolutely honest , fru gal , successful municipal administration , two unpaid and two paid " Iliulo menlH of CnlleKcM. Vassar wants $1,000.000. Yale university has appealed for $2,000,000 , and thn presi dent of the Chicago university announces that it urgently needs $9,000,000. All the colleges are anxious to broaden their bases In order that they may broaden the ncopo of their work. The year lias started out \\ull with endowments for universities. Olfts aggregating over $1,000.000 liavo boon made to Washington university In St. Louis nnd nearly every college throughout the land has been the recipient of n greater or less endow mont. Our colleges are among the wealthiest of ominstitutions. . Har vard's interest bearing funds amount to $8,963,053 ; Yale's , $1,500,000. Columbia's , $9,500,000 ; Cornell's. $ G.I4C,81S , Olrard's. $15,018,110 , and Lcland Stanfoid , Jr's , $3- 600,000. President Harrows of Obcrlln college , lias Just announced n gift of $50,000 to that In stitution. The glvoi's name ho withhold : , by request. Senator-elect N. n. Scott of West Vir ginia , has offered to the University of West Virginia , of Morgantown , n cash prize of $100 each year , to bo given to the young woman excelling in oratoay. Dr. Pearson of Chicago , well known through his rnccnt gifts of money to various colleges , has promised to Yankton college nf Yankton , S. I ) , $80,000 , provided the existing debt of lh institution , amounting to about $2S.OOO , Is wiped out by July 1 , 1900When When Andrew Carnegie was In Plttsburg last fall he made slight reference to giving some money for additions to the Central library , art galleries , music hall. etc. When the trustees met lout Tuesday they were amazed to receive a letter from Mr. Carnegie offering to glv'o $1,750,000 for the purpose. Ho also stated that at the rate the Plttsburg Initltutc is growing further Additions will have to bo made about ten joars from now. The present plans , which have been approved by Mr. Carnegie , provide for enlarging the buildings two and a half times * . Mr. Carnegie has given more than $7,000- 000 for public libraries , etc. Five million dollars of this was for buildings In Alle gheny county. Work on the additions will begin nt once Mr. Carnegie's Intention Is to make the Institute the greatest free edu cational Institution In the vvnrld. Ai-tv 1 orU'n Suliool Sjxtrin , The last report of the New York depart ment of education was made on August 1 , 1&98 , or rather , It was prepared on that day to cover the operations of the year preced ing. U showed the expenses of the depart ment of education In the five boroughs , com prising the consolidated city , to have boon $10,028,000. Manj European and South ( American governments , sa > s the New York Sun , do not collect or disburse In a vcnr so great n sum , certainly no European or South American government expending $10,000,000 In a year derives from the outlay the al most Incalculable benefits In the diffusion of educational advantages that flow from the expenditures of the New York department of education. Nearly half the total expend iture , or more than $7,000,000 In all , goes for the payment of salaries to teachers. In the category of regular school teachers or those permanently cmplojed In the depart ment outside of the boroughs of Queens and Richmond , the sum of $0,595,000 is paid for salaries , in addition tr/which $37,000 is paid during the vcar to teachers of music , $35,000 to teachers of drawinlg , $8,000 to teachers of phjslcal tialning. $57,000 to teachers of manual training , $27,000 to Kindergarten teachers , $22,000 for the training class for teachers and $200,000 for teachers In the night schools. The next most Important item of school expense in Now York is for building and school sites , the total amount of which last jcar was $3,888.000. After It followed the Item of school extensions ( land nnd buildings ) , a total of $1.570,000 , and the Item of repairs for school houses , $6oO,000. Then followed the cost of school books and school apparatus ( globes , maps , blackboards , chalk , slates , pencils , stationery and ink ) , $618.000. For furniture , tables , desks , forms , chairs , clocks and bells , there was expended $175,000. For printing nnd postage there and for the pay of was expended $53.000. other employes of the department , truancy ofllcers and physicians , $655,000. Of this last sum $100,000 Is paid to school superintend ents , to clerks $129,000 and to the superin tendent of buildings $10,300. In computing the expenses of maintenance of the educational department of New "iork It Is customary to give only the actual cash receipts and disbursements , but these are really misleading , because they fall short of the full amount , as few of the schools of New York are In rented structures , the great majority being In buildings owned by the city and p ld for by the Issuance of bonds. As to these buildings , therefore , the rent is actually -paid for in the form of in terest on the bonds , but this item docs not enter into the computation of city school expenses. On the contrary , the department of education has. practically , most of the schools free of rent. Moreover , the city of New York exempts its school buildings from taxation and from water rents , items which , If added to the other expense for rentals , would bring up the total to an [ amount much beyond the present figure. As it la , the city of New York expends , ' { 125,00.0 .for rentQd school buildings where sites have not been , or cannot easily bo , ac quired. Some other items of outlay are In surance , to the amount of $10,425 ; Janitors , ' pay and Janitors' supplies , $502.000 ; water rates on rented property , the payment of which Is assumed by the city , $324 , and coal , wood , gas nnd electricity , $278,500. In addition to these sums there are some minor Hems of outlay and the expenses of schools in the boroughs of Queens and Richmond , which amount collectively to $1,500,000 ad ditional. These Items do not Include the expense of the College of the City of New- York , for which $200,000 a year is appro- pi luted , and of the Normal college , for which $175,000 is appropriated. Imlliiu Ililiieatlini. Miss nalello Heel of Cheyenne , Wjo , na tional supeilntendent of Indian schools. Is nan inspecting the Indian schools of Kansas and Oklahoma. Speaking to a reporter about the schools and school children , she said : "There are Immense possibilities In the education of the Indian. Of course every one recognizes that fact. But , after all. llttlo Is known of the actual progress the govern ment Is making. I found mjbelf Ignorant , oven thcugh I had long been interested In the Indians. You know , I am a western woman , and for jeans had been familiar with some of the tribes. "It Is estimated that there are 500,000 In dians in the United States. Wo have 50,000 of school age. The government maintains about 500 schools. These are scattered over many stairs. The Carlisle school Is best | known , for it may be called the Harvard I and Vafsar college of the Indian. In its I ( ists of graduates are many who have really distinguished themselves. I am aware that it Is the custom to declare that even after years of education the Indian will return to his blanket , but statistics do not bear out this theory. "Records ehow that 70 per cent of the edu cated Indians make good men and women 1 wonder what the records of the white man's college would bo. In this connection too much credit cannot bo given the mission aries , for they watch the Indians who are returned to their tribes from the govern ment schools. The work done by the Cath olics is especially nothworthy , but all de nominations are helping along this line. "In addition to the largo boarding schools llko the one at Haskell , Kan. , there arc many small day schools scattered through Indian Territory , Oklahoma Territory , .Min nesota , California and other states. "It seems to me that the redemption of the Indian lies In manual training. It should bo Introduced In the smallest schools. Wo are now teaching the girls to cook and to sew , but wo hope to take up training In a dozen useful Hues. It has been proved that the wisest policy Is to gather a largo num ber of children from a tribe and by educat ing this group to provide a big leaven of civilization for the whole people. In the pnat two or three boys and girls wore re turned to a trlbo. They were fitted for their old customs and they had no power to change the savage conditions they had out grown. It la no wonder many became dU- gCXX > OOOOOOOOOOCX5 < XIOOCXXXXXX > OOOOOOOCXCX3CX > OOOOOOOOOC Dyspepsia , Gout , Rheumatism , and all kindred ailments are quickly overcome by the use of Nature's great remedy and general health producer. 5CCOOOOOOOOOOOOOOOOOOOOCXXXX > OOOOOOCX5OOOOOOOOOOOOOC I'll 1(011 , UnlliiRlirr & Co. , DUtrlliu turn. Sold by Slteriuiiu it Mi-Council Urn u Co. . OiuuUa. and found their only hope of con- ( tcntment In forRettlnR all they hid learned " IMilcntliiiint Nee ( . The experiment ot free baths In the Chl- RO public juhoJg IB to be tried In one or two of them upon the recommendation of | Superintendent K. Benjamin Andrews. Major Van Wjck of New- York vetoed the resolution of the aldermen requesting the Hoard of Education to permit solicitation of funds from the school children to bo used by the government In building a battleship. Cornell university has a new museum , an "educational museum. " It li not historical In character but an exhlbll of mclhods now prevailing in American schools There Is a library of118 text-books , practically all now used In the schools , which hare been donated by Ihc publishers. John Henry MacCrackcn , though but 21 jears old , Is a college president , nnd was hardly out of his teens when appointed as sistant professor of philosophy at New York unlvcrslt ) . Ho Is the youngest college presi dent In the country. If not In the world. Hut then this Is the ape of young men Languages form over C2 per cent of the studies cf freshmen In the department of arts and sciences in Cornell unlvcislty , and over fi2 per cent In the sophomore jcar. Languages , philosophy , history and political science form 75 per cent of the studies or freshmen and over 83 per cent of Ihe studies of sophomorei In Ibis same department of arts and sciences. It Is obvious thai "sciences" Is the small end of this depart ment , although Cornell Is often spoken of ns a scientific Institution. Very sug rullve was Ihe remark or llev. L. A Delury , president of St. Thomas' college ( Roman Catholic ) . Vlllanova , I'cnn. , at the Catholic Educational congress in Chicago Ihe other day. Ho said' "There Is not only n drifting of Catholic students to non-Catholic colleges , but a positive march. \Vo admit It. We musl ndmll It. Regarding the remedy 1 would say that more attention be given In Catholic colleges to betlcr breed ing , better manners , genllcmanllncss and manliness. More attention must be given to accommodate the student and greater efforts must be made to give moro instrucllon In Ihe sciences. " General Wheeler did well lo induce Iho colleges and universities of America to edu cate free the youth of Cuba. Hut homeono sltouhl make It possible for American Insll- lulliins of learning to teach Spanish tt > Amcilcnn boys. Almost no lu- strucllon In Spanish is obtain able. In Cornell ujilvcrsily , for Instance , there are two professors teaching German , nnd a professor and an assistant professor teaching Trench , In both cases aided by in structors , whllo Spanish Is taught only by an luslruclor who also leaches French. Only Iwo courses In Spanish are given , the elementary - montary course having Iwonly-nine stuJents nnd the more advanced course six. Yet some 600 Cornell sludonls are studying languages from Hebrew , Arabic , Sanscrit , Greek and Latin to German , French and Italian. TEST CASE IN THE COURTS lun of "Who HUN ( lie Authority to Annie Count ; Auditor li Culled Pp. The alleged authority of the Uoaid of County Commissioners to designate em ployes In the olllco of County Clerk Haverly la at Issue before Judge Fawcctt In connec tion with the application of Mr. Haverly for a writ of injunction to prevent such action on the part of the board. The forenoon was occupied by the narration of the plbadlngs and the submission of affidavits. The argu ment was begun , but as the court suggested that some time could be saved by giving him a chance to examine the pleadings , an adjournment was taken to 2 o'clock. At the same tlmo Judge Fawcett stated In ad vance that he considered the bulk of the matter brought out In the pleadings Irrele vant to the Issue. The question Is simply whether the board Is attempting to Infringe on the legal prerogatives ot the county clerk In reply to the contentions set up by the answer of the defendants Attorney Straw n read the aindavlt of Auditor John II. Tate , whom the majority of the board now seeks to oust In favor of Harry P. D unl. Mr. Tatc detailed the duties of his position and affirmed that they come under the Immediate direction and supervision of the county clerk. The clerk Is also the custodian of the records with which the auditor has to do. In conclusion Mr. Tate statifd that Com missioner Connolly told him thit he , Connolly nelly , was about to Introduce a resolution to provide for his , Talc's , removal , but stated that his services were entirely satis factory nnd ho was going to get him re moved merely because Mr. Haverly had re fused to keep Halfdan Jacobsen omplojed In his office. In reply to the contention in the answer that the auditor is an appointee of the board , the allldavlt of Fred J. Sackett stated that Tate was appointed at his request while he was county clcik , that ho was Installed as a clerk In his office and that ho worked un der the control and direction of the county clerk. An additional affidavit by Mr. Haverly set up the fact that the fusion members of the board agreed with him to test the issue In friendly suit over the appointment of Ed J Dee on a previous occasion , and that the test had been settled in his favor. Ho also said that Commissioner Hector told him about March 30 that Connolly said that ho pro posed to Introduce a resolution to cut off the quarterly allowance of the county clerk un less Jacobsen was retained as nn employe In the clerk's ofllco. Whllo the arguments were along a some what similar line to that which was fol lowed in the Dee case , they were much moro claborto and each party presented numerous authorities In support of his posi tion. In behalf of the county clerk llr Strawn discussed at length the duties which the statutes confer on the board to show- that it Is going outside of Its jurisdiction In the present Instance. On the other hand , Mr. Mahoney spent a couple ot hours on the same subject , but his argument led to the opposlto conclusion. Ho spoke of the nu merous duties that the law Imposes on mem- bcis of the board and contended that It Is plainly a iarcnt that It Is the province of the board to appoint an auditor to audit the accounts of county officials and other dcc- umcnts on which the board must pass , Judge Fawcett reserved his decision. A Slronn MIIII'M Secret. The strongest man on earth says the secret of his wonderful power Is perfect digestion Hosteller's Stomach Bittern makes digestion easy , and cures all complaints nrlfelng from weak stomach , biich ns Indigestion , bilious ness and all liver and kidney ailments. As a blood purifier and nerve tonic It Is marvel ous , It Is recommended by all physicians , and sold by ever } druggist in the country. Ever ) body needs It at this tlmo of tlio year. Morlillll ) btntlxtlcH. The following blrlhs and dealhs were re ported to the health commissioner during the twenty-four hours ending at noon jes- lerday. Jllrths rotor Peterson. 3023 Hurdetto , boy ; Joseph Marshall , 1925 South Illght- oonth , girl , Clarence Patter , Twenty-fourth and Fort , girl ; Paul Krajlnlvskl , bo > , Jo- scuh WlodoK , boy. Deaths Margaret Hartell , 1009 Capitol avenue , 61 years , heart disease , John Me- Cormlck. 419 North Nineteenth street. 75 jears , Fritz Oroenflold , county hospital , 31 jears ; Ilaby 55ook , 1125 North Nineteenth Htrect. 2 months , Ollvo M. Hughes , 1S07 Nicholas street , 22 years , Ole Olson , 117 North Twenty-fourlh slroct , CO years , rheu matism of the heart. Magdalene Olson , 2519 Reese street. 71 years , old age , Pat McCaf- fery. 1220 South Twelfth street. BO years , pneumonia ; Ina M , Schultz , 1311 California street , 1 ! ) years , bulclde , Mirtlo Watson , 2222 Clark street , 21 jcare , spinal menin gitis. Jtit > following licenses to wed were issued by Judge Baxter yesterday : Name and Residence. Age. Seth A. Watterson , South Omaha . , . 21 Gertrude A , Clayton , South Omaha . 19 ra L. Holland , Strand , la , . , . . , . 52 Anna J. Tvedt , Omaha . , , . , . 39 1 FUNDING THE CITY'S DEBFS Proposed Plan for Taking Oara of tha Maturing Bonds , TEN-YEAR RENEWALS ARE NOW PROPOSED CM ) ' Attorney Council of tlic Opinion Hint ( tic Credit of Oinnlin Can He .MnllitiiltitMl nt Its I'ron- cnt Mumliird. This jcar the city will issue renewal bonds to redeem maturing special Improve ment district bonds in cases where there Is nut money In the special Improvement district funds to redeem them. This Is the plan of Cltj Attorney Connell and Council man Stuht of the council finance committee to escape delayed pajment of these short- time bonds. These city ofllclnls declare that It Is the only plan practicable In view of the fact t\int \ there Is no money in the gen eral fund which may be used to redeem the bonds that mature. The proposed renewal bonds will bo similar to those which have been Issued by the city from time to time In the past They are to run for a period of ten years and it is thought that they can be floated as 4 per cents. Illds will bo called for , sas In the case of other bonds. It is not believed that the council will make any great objection to the plan , but rather will bo forced to adopt it because there seems to be no other way out of the difficulty. "I admit that this matter of renewing the city's obligations may not be the best business policy that can be pursued , as a general thing , but It is the only course open to the city , " declares City Attorney Con nell. "Where there Is nothing In the spe cial Improvement district funds with which the bonds may bo redeemed and nothing In the general fund , there nro but two wajs open , in my opinion. Om > is to repudiate the bonds , the other to Issue renewal bonds. The latter course will be readily admitted to bo preferable. " If the council adopts this plan It will first redeem nearly $4,00n of special im provement bonds , Issued a number of jears ago to pay the cost of the Walnut Hill grading , the tax for which has been declared illegal by the courts. Thcso bonds will fall duo on the first of next month , and will bo taken up with money out of the general fund. This money , however , -\\lll bo consider. 1 only In the light of a loan. It Is the intention not to cancel them , but to hold them until re newal bonds nro sold. Thr general fund will bo reimbursed with the proceeds ot these bonds. City ofllclals generally reeird the plan a < an indication of what the city will do In the case of long-tlmo bonds , when these begin to fall due , unless Omaha taxpayers meantime disclose sjmptoms of a - willingness ness to be taxed moro heully than thy are now. This question of redeeming long- tlmo bonds will bo presented for the first time In the history of the city next year , when bonds to the amount of $66,000 fall duo. If thcso are paid by the city It will require an extra levy of 2 mills for the sinking fund over and above the amount that was levied this year. Opposition will probably bo made to any pxtra levy , anl In consequence the city will be foiced to Issue renewal bonds FOR GFJAZING AND FARMING LiiireiL ilciitMl Dc'iiiiuiil for AVcstorn Itiillroiul I.undn Hl r hnlcN by Union I'ncllli * . Demand for land for grazing and farming purposes in the far west continues , and the number of sales are unprecedented. The land department of the Union Pacific has so far this month sold 8,372 acres In Kansas , which Is 5,000 more than the average monthly sales in ten years In Colorado 3,000 acres of railroad land hive been sold , while applications have been received for 14,720 acres In the Union division In Ne braska , Wjomlng and Utah , the deals for which cannot bo closed until the deeds for the property pass from the old to the new company , which is expected to take place some time during the coming month. The sales which have boon completed have gen erally been made to adjoining farmers and ranchmen , and as a rule the tracts have been small In extent. Many inquiries concciulng the lands in the western states are being received from eastern people desiring to engage in a gracing business , and It Is be lieved theio will bo a largo number of Now Englanders among the purchasers next fall. A largo colony of Wisconsin farmers Is ex pected to locate upon some of thcso lands during the summer. No Iteliff Iroin It lien inullNiit I'nfll I . Cliaiiilici'liilii'N I'ain IlnlinViiK lised. In 1888 my wife wont east and was at tacked with rheumatism. She received no relief until she tried Chamberlain's Pain Balm. Since that time we have never been without it. We find it gives Instant relief In rases of burns and scalds and Is never falling for all rheumatic and neuralgic pains. D. C. Drant , Santa Vnez , Cal HOKUM 'I'llenter I > < INHI > M. The police have hem asked by Manager Durgess "to apprehend two men who are victimizing the public by tcllhit : bogus passes. The men pose as advertising agents of the theater and usually carry a roll of lithographs to aid them in their deception. For 50 cents , or whatever amount they can got , the two swindlers glvo passes which they toll their vl'tinu entitle them to the best * ents in the theater Twelve nppH'HUon wore made at the box olllro window for tMtg on these worthies * pauses Mondnj The majority of them wore signed 'Murphy " The theater lo ps nothing by the trniuflclUms of these fakirs and the fraudulent passes never gel any further than the bor ofllre window. SUPREME COURT SYLLABI No. SV,0 Hoot agnlnot Knit Alllnncd. App'al from York countv. Sullivan , J. 1 When the owner and holder of a paal duo negotiable note receives psvmont thereof from the maker or other peron I ibie thereon , HIP obligation Is oMItiRulshetl and If It be afterward * transferred to an other the transferee will acquire no better iltlo or greater right than the transferor poss'S'cd. 2. The evidence examined and held sum elcnt to sustain the llndlng of the trial court. lOSOt' . Manning against Free-man. Af- llrmcd inor from Douglas count } . Nor- vnl. J. 1 Where n cn e Is Mibm'ttpd on nn agreed printed nbstnut the court will not look no ) oml the abstract ( O Nelll nculnnt riood. 78 N W. Hep. ( Neb ) 197. fillow d ) 2. Tim printed ab'tract must Include the petition In error , or nn abstract of the as signments of error therein contained. loy.i ) . U.ivls ng-ilnst State Reversed. Kr- ror fiom Doucl.iR rounty. Harrison , O , J. 1 "It .shall be sulllel nt In run Indictment where it "hill be necess\ry to allege an In- tout to defraud , to allege that tile , party aeciispd did the net with Intent to defraud without alleging nn Intent to d.fraud any particular peison or body corporate. " ( Sec tion 417. C'llmlnal Code ; Roush against Stiitf. 31 Neb. 320 , Xlore.irty against State , 40 Neib f 2 ) 2 In a trlil on the ohirgo of uttering forged instruments evidence of similar acts on the Panic dav may be received to show the guilty knowledge or the Intent of the accused In the net charged. 3. In an Information of the uttering n forged , written or printed Instrument thcro should bo set forth a oopy or th > purport of each material portion of said lustru- No'svis Michigan Mutual Life Insurance Company against Rlchtcr. Alllrmcd. Ap peal from Douglas county Harrison , C. J. 1. If In the lecord presented to this court In an appeal from nn order of continuation of a Bile of real estate under decree of foreclosure there Is no evidence that the property sold ooiHslod of wparato tncts or lot ? , it will be presumed that the ofllcer who conducted tha sale did his duty in n law fill manivr nnd that his offer and Mile of It ( is a whole or one piece of vroperty was proper. ! > An appraisement duly made of rent Obtato for the purposes of a Judicial nulo rannot be pucco-Bfully attacked Bo'cly on the ground that the property has been np- ur.ilscd too low To ninkv the low valua tion a successful ground of attack on the nppialscmont It must bo challenged for fraud. ( Brown agaln't Fltzpatrlck , 76 N. W. Rep. , 45C. EG Neb , followed ) No. SSI7 Mirkcy against School District No IS , Sheridan county. Alllrmcd. l > ror from Sheridan county. Norval , J 1. A school district has no authority to purchase school furniture and temio n war rant tlurcfor payable In the future (1'omo- ( reno against Schoo' Dlstilct , 50 Neb , fol lowed. ) 2. A recovery cannot be had on n con- tinct with a district boaid providing for payment In time warrants < Id.l 3 The ultimate or Nsuablo facts to bo established should be alleged in u plradlns. 4 The averment of a mere conclusion of law in 1,1 pleadlnp will not be taken ns ad mitted bv the filing of a general domuiivr. 5. A schoo' district cannot ratify a void contract entered into by Its ofllcers at least when It linn not observed the conditions as prerequisites e. i > ntlal to make a valid con tract In Its inception. G An action to iccover on nn luiplled as sumption Is barred at the expiration ot four years aft ° r the caus > e > of action .iro&e. 7 Au Individual member of a school dis trict board cannot bind his district by nets not authorized by the board No 8S57. Dlllion agniiibt Chicago , Kansas & Not them Railway Compiuy Reversed and di.iml eed. Appeal from Nuckolls county Norval , J 1 A Judgment rendered by a couit having juri-sldlctlon of the pirtlcs and of the mib- j > < -t matter , as between cucli parti' 3 , con clusively sett es all questions litigated , un less subsequently reversed or modified In the manwr provided bv l.ivv. 2 The jurisdiction of a distiict court to modify its judgment after the term Is limited to tbe , grounds enumei.itcd in sec tion WX ! of the Code of Civil Procedure. 3. A district court has no power to vacate or modify its judgment after the teun on the ground that error of Ian- had been com mitted by it in rendering such Judgment. 4. A Judgment becomes dormant on which no execution has been lcsued and levied b"- fore the expiration of five jears next after its rendition. 5. A railroad company condemned real estate for right-of-way and the land owner appealed from the award to the district court , where judgment was rendered against the company , which it paid In full and the Judgment v ns satisfied Two years after , and at a Mihscqupnt term of the district court , on applcation of the land owner , the judgment was modified for error of law committed by the court on tendering its origin il judgment. The railroad company , after condemnation proceedings , took po = - scsslon of th" right-of-way , constructed Its road and operated the same for several \ears without objection of the land owner The modified judgment became dormant , nnd. without Its having1 been r"vlved. the land owner sought to enjoin the operation of the rallroid until the company should piy bild modified Judgment. Held , injunc tion would not lie IlfSN II [ IX a hc-lK-lllf. A resolution will be Introduced nt ono of the future meetings of the Board of IMuca- tlon , probably at next Monday's session , au- thori/lng the employment of a landscape gardener to lay out the High school grounda In an artistic manner. Member Hess pro poses to father such action. "This action .will bo directly along the lines suggested by The Ilec , " said Mr Hess. "Tho High bchool grounds will nl\\ajs remain ono of the land marks of the city and the campus should bo made a thing of beauty. " People who have once taken DeWltt's Llttlo Karly Risers will never have anjthing else. TJiey are the "famous little pills" for torpid liver and all Irregularities of the sys tem Try them and you will always use them. llrotliiTN riKlit anil llodi Are Dciiil. HISMARCK , N. D. , April 25. James and Joseph Cnldnell , brothers , living on n janch near Wllllamsport , quarreled last night and James shot his , brother to death with n rifle Ho then committed suicide by drinking car bolic acid. As the Father his ciar } f-o the mother and child enjoy llaldufTH delicious lee cream bilekh so pine that phj'hlclaus recommend them and in many easeh prescribe them quart size any flavors frozen bolld ns a brick for they'ie ice cream brlnKh dellveied to any pait of the city of Omaha for 'Oc Old custom er * will notice that tlmt Is quite a cut in our tormer pi Ices Wo put the name cream up In little ban els for you to carry home yourself at lc ( ) quart fal/.o t0o ! for pints. BALDUFFS , Uwcb-llilO to 2i3& Supper-3i30 to 1520 Fnrnam St C Today at 2:30 : and 8 P , M , Is the great auction sale of the famous Macdonald colluetlon of oil ami water color paintings Ainoiii ; the o will lie found many vvoiKs of art from the brush of the best known modern palnteis As this is a sale without any reserve It will p.iy every one who wishes to udil another plctuio to their home to attend It will be a money savins opportunity that may never occur apiln-The sale takes place In our new upstairs audi torium here there \\lll bo ample ac commodations for all who tome Sale will close Wednesday. A. HOSPE , We eelelirntc our -nth bu > lne i AUDI. Tcr.ury Oct. 2Urd , 1HOO. Music and Art 1513 Douglas * If Dot had played with common soap What wreck thcre'd be to-morrow ! Her hands all chapped , her dress past hope , Her toys a tale of sorrow. But mother lets her play like this And wash whate'er she chooses , For not a thing will po amiss When Ivory Soap she uses. IVORY SOAP 99o PER CENT. PURE. COPYRIGHT 1898 DV THt PROCTER 1 GAMBLE CO CINCINNATI Provisions Made for Hooping West nnd South Boulevards in Repair. PROTESTS COME IN FROM LOCAL BANKS Contention tlmt < lic Klniinclnl Con cern * of Cl ( > Cnniiol A ( lord ( u 1'nj I.t'Kiil liiU-ri-Ml on DP | > M | < N of Count j. The tiansactlons of the lloaid of County Commissioners were limited to a few rou tine matters , as the members wcio moio Interested In the Injunction suit that was in progress In equity court. A resolution by llofeldt was adopted by which August Hogert was designated to Keep the west and south boulcvaids in repair for $50 a month , dating from May 1. The finance committee reported an ap proval of the report of the county treasurer for the second half of 1S9S. The totals aie. On hand Julv 1 , lisOS . $ lbSG70.M llocolvtd July 1 to January 1 , 1S9S. . 2SI.136 15 Total . 472.S06.Sl Disbursed . J.hJUJ0.1l Un'unce , January 1. 1S39 . H3,3SG.fi7 A' safety deposit vault In the office of the county treasurer Is an article that promises to become a necessity If the law requiring the banks to pay 3 per cent Interest on de posits of dally balances Is to bo enforced. County Treasurer llelmrod Is In a quandary , and this Is the only solution that ho has been nblo to llguio out. Tha banks abso lutely refuse to pay the legal rate of in terest * nnd , as the bonds that they have given an public depositories expired at the beginning of the jear , there appears to bo no way in which they can bo compelled to handle the money unless they want teAt At the labt session of the legislature a law was passed by which the rate of Interest on deposits of state money was reduced from 3 to 2 per cunt. A similar bill was Intro duced with reference to deposits of county funds , but was defeated. The result Is that the banks are compelled to pay 3 per cent on county deposits , whllo only 2 per cent Is exacted on state and municipal balances. 'Mr. ' Heimrod had supposed until recently that the bonds given by the county deposl- toiles covered hlt > entire term as treasurer Dut It has now been discovered that each bond contains an Interlineation which limits Its llfo to 1838 , and since January 1 the county ban been without a bond from any of the banks In which Its money Is de posited. In the meantime the banks have absolutely icfuscd to pay 3 per cent on thu dally balances. The treasurer cannot legally - gally accept less , and no Interest whatever Is being received. Mr. Heimrod will bring the matter bcK- mm GRAIN-O after you have concluded that you ought not to drink coffee. It Is not a medicine but doctors order It. becaus * It is healthful. In- vlgoratlnK nnd appetizing. It Is made from pure grains and has that rich seal brown color and tistos llko the llnest grades of coffte and costs about U an much. Children like It nnd thilve on It because It Is a gen uine food drink containing nothing but nourishment. Ask your grocer for Graln-O. th new food drlnlt , Itc und 23c. fore the Hoard ot County CommlMlonors and ask for Instructions. He sa > u that it the board will have n vault put In his olllco that Is safe the funds can bo safely 10- talnrd thorp , nnd thut Is the only solullon of the problem that he can suggcot llo ppi'iit this forenoon calling on .1 number of other banks , but none of them will accept the money nt the rate of Interest demanded. They Insist thai 3 per cent on dally balances In equal to I per cent on general accounts nnd that they cannot affoid to handle the money at that figure. This Is not the flist time the depositories have objected to paying 3 per cent , but previously the treasurer was nblo to quiet them l/y turning over county bonds and wnrraius , on which they drew 7 per cent. Since then warrants have sold nt a premium and It Is impossible to accommodate the j banks' In this way. Some of the results of neglected dyspeptic conditions of the stomach are cancer , con- siimpticn , heart disease nnd epllepsj Kodol Djbiicpsla Cure prevents all thl.s by effecting a qulclv euro In all cases of d > spppsla ( /hurled Midi Theft. The theft of $180 , tied up In a handker chief , from Alonro Helms lust Sunday in a downtown saloon cniibcd William Moore , alias "St Paul , " to bo bound over to the district couit lirthe sum of $ bOO. The handkkcrchlof in which the money was concealed was found by the olliccis In Moore's trunk It was po&itivplj Identified by Helms because of the peculiar mannei In which 11 hud boon stained with blood , ho having used it to vvlpo his own fate before tjlng the nionrj In It. Pneumonia , la grippe , cougtis. colds , croup nn-1 whooplnR cough icadlly yield to Onu Minute Cough Cure Use this remedy In tlma and save n doctor's bill or the under taker's. Korinnl Opening of AntlerH Clul > . The Antlers club 'was formally opened Monday evening with an entertainment which was highly pleasing In chniacter. Miss Annie Kenwiik nnd Pfiicy llonil , vUio aio appearing nt the Oiphoum , added their piofosslonal talent to the attractiveness of the evening The club rooms vvcio decol lated with llowors. palms and smllax. Re- j freshmcnts wore suivc-d during the evening. Some 200 vlsltois paswd through the club looms and iidmlred the decorations and cn- jovod the music. gives you a piesulptlon , bring It to us and you will gave any amount of tlmo nnd risk , only the purest of drugs arc used and every drug known to pharmacy Is hero for the proper compoundIng - Ing of the most difficult pics rip- lion Competent registered phar macists only Wo cut the prko on all patent medicines. THE A10E & TENFOLD CO. , 1-nrnent Ketiill runr HIIUHC. 1408 Fnrnum. OMAHA. Ol'POSITi : PAXTON HOTEL By Proper Application - To the liook of iiihtiuctloiis tlmt WP see KOO.S with t'vcry cainoni ami UotluU any one fiom ( ho baby to unindfatliLT can taki' jilctuioH as wull an an old- timer It Is as pnt.y to buy onu for v\ iniiko Hiirh jirlfus tlmt every dayve liave people toll us they aio sin prised to le.irn how clienji we hell them Our line Includes every Known caineia or lellubllity from the smalluht to the largest We Invite liif-perllon-and will lo ) pleiibod to hhow them to you. HUTESON , MamifncturiiiK Optician , AV'e MuKe till- < ; | IINHI > Nvu Mull. 1520 DOIJCLAS STKIJET. it Doom fiuni Id Hi. When Our Pup Was Caught was when Dio\ Hhooinan was in tlio More busj showing the women our new line of .yj ( X ) shot's Aiming these price and value wonders h a new m > atlon In the medium coin toe-lle\lbli > soles all kid uppeis with kid tips -This shoe has all the appeal anco of the much higher pi Iced onesIn I nut , looks every cent u S't or even M shoe W course they'io ' not but they are the best shoe we could fjct made up for us at a price low enough so we sell them at .f . 00 not so much prollt as value In them widths AA to 1313 We expect to see all the Omaha women at our store this week to see our new Hprln shoes. Drexel .Shoe Co , Omulm' * Up-to > dte Suue 1411) ) PAKNAJI STREET. Sjiilnv t ntiiliiuuu noiv r bent fur I lie