4
THE OMAHA DAILY BEE: FBI DAY, MAItCII 0, 1000
CANADIAN LINE HOLDS KEY
Canadian Pacific Occupies Important Posi
tion in New York Conference.
CAN CONTROL COMMISSION QUESTION
AKrrrniPliI AIhiIIaIiIiik Ciiiiiiiilimliiiifi
I in per feet lis I. on k n Citiinilliin I'a
cllli! Continue Former I'riu'llrc
Snlurlt'N .liny lie llnlirtl.
Omaha ticket agents, an well at represent
atives of this Important branch of railroad
ing In all parts of the country, aro more than
Interested In the meeting of the presidents
nnd executive officers of railroads now In
session In New York.
It Is known that the Now York conference
Is held primarily for discussion of the com
mission question. t'pon lis result hinges
much of Importance to the ticket agents.
Tho only obstacle In the way of tho success
ful operation of tho Ironclad ngi cement en
tered Into by all of the railroads In tho
United Slates abolishing the payment of
commissions Is tho fact that tho Canadian
Pacific continues the payment of commis
sions'. As a consequence the Canadian
Pacific Is an Important factor in the present
New York meeting. If It declines to nbol
ih tint payment of commissions then, rail
road men assert that It Is but tho matter of
a brief tlmo until nil railroads will resume
the commission plan of securing business,
'fly paying enmmlhsslnns the Canadian Pa
cific becomes n formidable competitor to nil
other lines for transcontinental business, es
pecially that which goes across the northern
portion of tho continent. Anions other
lines tho Groat Northern would sulfer par
ticularly and It Is not presumed that thev
would stand Idly by nnil see the Canadian
Pacific getting the bulk of tho business be
cause of paying commissions.
It Is stated, however, that the Canadian
Pacific will follow tho example of the Amer
ican railroads and ahollHh commissions. If
this Is done then It Is believed that tho pres
idents will turn their attention to somo
equitable plan for the increasing of the
salaries of ticket ngcnts, whoso ItiromrH
have been so seriously lowered since the
adoption of tho conimlssslnti ngrecincnt.
Prlvato advices received from New York
Thursday nfternoon stated that the Canadian
Pacific had "entered tho fold." having agreed
to tho terms of the commission agreement
ndnpted by all of the other railroads. This
action has thrown n damper on tho expecta
tions of all ticket agents of a resumption of
the payment of commissions. The opinion
Is held by tho majority of the local agents,
howover, that the executive olllcers while
In session In New York will agree upon ad
vances In salaries to offset In a measure the
loss sustained by tho abolishment of com
missions. Telegraphic advices also brought the In
formation that tho lines operating from the
Missouri river to Portland hail agreed to
withdraw tho colonist rato of $2.1 from Mis
souri river points to Portland, effective
March 20. nnd demand hereafter the normal
tariff $10. Tho $25 colonist rato has been
In effect for the Inst two years, having been
forced upon all tho railroads by the actlvo
competition "between tho (Jreat Northern,
Northern Pacllle and Canadian Pacific.
DOIMiS OP WI4STHH V IMIHMIH'lVrS.
Htiitt-ini'itt of What Hun lleen Aee-oni-pllxlKMl
lit .New Yurk.
N15W YOIUC, March 8. The meeting of
tho presidents nnd leading executives of tho
western nnd transcontinental lines recon
vened this morning. When tho conference
finally adjourned at noon, to be convened In
regular sesnlon on the first Wednesday In
June, It was announced that agreements
had bcon reached on nil subjects under dis
cussion, but that there were no resolutions
or other formal actions of the confcrcnco
to bo given out.
Tho action of tho presidents nt the last
conference In abolishing ticket commissions
was continued, with additional restrictions,
which the month's experience under the new
order seemed to maku desirable hh further
lofegunrds.
After tho closo of tho conference, Its
Chairman, President Jcffry of the Denver &
UIo Orande, prepared tho following state
ment ns u formal record of the session:
First -The discontinuance of commis
sions, stipends nnd other considerations for
tho salo of tickets. The rnmmlttee In
chnrgn of this matter was continued with
enlnrced powers anil duties.
Second Pledges to the Interstate Com
merco commission of utrict nbserviinrp of
nil lawful methods In the conduct of Inter
state tratllc.
Third Tim adoption of resolutions direct
ing executive, olllcers of railways In certain
localities to confer and ndjust existing llf
forences, which, In the main, aro of minor
llmportnneo.
Martin Knapp, chairman of tho Interstate
Commerce commission, and Commlefloncr
Ycatnans wero In uttendanco on Wednes
day and tho former delivered an address
In regard to the duties nnd responsibilities
of tho carriers and of tho Important com
mission over which he presides.
Mt'lillillix I.Iih- Cii(n HiiIi'n,
Tho Memphis lino has Inserted the prun
ing knife Into rates southbound from Kan
sas City and local railroad men anticipate
a llvoly rato war If the pace continues.
Simultaneously with Its reduction of tho
rates on fertilizer come tho announcement
of a lowered rate on Hour from Kansas City
to Now Orleans, Mobile and MUslsslppI
river points. Tho new rate Is IS tents pir
100 pounds. In order to protect the Interests
of their patrons the lines operating from
Omaha to the territory affected by thojo
new rates will have to make corrci-pondlng
reductions.
Itnllnii) citc mill I'i'i-Miiinix,
O. N. Clayton, mirth western passenger
agent of tho Wabash, lux removed bis of-
EDUCATE YOUR BOWELS.
Thousands of I'rcmaturc Deaths
Caused by Neglect.
Kvery Person Ciiii I'rnlniiK l.lfe ft ml
llnjoy IIimiIIIi ami llitpilnNH Who
Will Listen to the Volee in'
I'rou ri'KM, (
If you want to open a door, you don't
smash It with a crowbar, but open It with
u key.
It's easier and less destructive.
When you aro costive, or .bilious, or con
stipated, don't take an old-time dose of
physic, throw your bowels into spasms nnd
turn your liver Inside out, ns long as overy
tlng can bo set right. In a nice, gentle,
quiet, positive, natural way by Cabarets,
the Ideal laxative
Wo havo all found out that persuasion Is
ttrongor than violence.
Instead of trying to force your disordered
organs to do their duty, Educate Your
Dowels and make them act naturally by us
ing Cascarets, Candy Cathartic, so pleasant
to tho taste, so mild, so effective. They are
luarantcod to euro any case of constipation
r money refunded.
Nuy and try Cascarets today. It's what
Ihey do, not what they my they'll do, that
roves their merit. All druggists. 10c, 25c.
lOc, or by mall for price. Sond for booklet
ind frco sample. Address, Sterling Rem
edy Co., Chicago; Montreal, Can.; or Now
York.
ThU Is the CAKCA FIRT l.lhlot
Every tablet of the only genuine,
Cascarets bears the magi, letters
"CCC " Look at the tablet before
you buy, and beware of fraud,
Imitations and substitute,
6
fl e from the Karba-h bin Is to commodious
quarters In the New York l.lfe building.
J II rfplvev. car nccountnnt of the Kan
sas City, Pittsburg & Clulf line, Is In tho
cltr.
Assistant Oneral Passenger Agent Craig
of the Northern Parlflc Is a visitor In the
py from St Paul.
II. N. Hall, contracting agent of the Can
adian Pacini-, Is In the city from Chicago
looking after business matters.
LOCKED UP FOR HIS FRIEND
1'nle of Damon mill Pythian Vnrlnl to
. 1 1 1 1 the ('IohIiik Year of
the Century.
It Is not often that the ties of affection
binding tho hearts of two persons of the
male persuasion are so strong that one will
Insist on being locked up because tho other
lo in Jail. Hut a case of this kind camo to
light at the police station early Friday morn
ing and the story has tho samo pathotlc fea
tures as that of Damon and Pythias.
(icoigo Jorgensen, n beardlcbs 19-year-old
youth who resides with his parents at 1230
South Twelfth street, came to tho door of
tho station about 1:15 n. m. After a swift
Blanco around the olllco ho advanced un
steadily to tho i-crgcant's desk nnd said:
"Say, I want to be arrejtcd." Diligent ques
tioning developed the fact that his friend.
Oliver Elliot, a cnall driver, and Hlchard
Tracy, a waiter, had been arrested an hour
earlier for fighting and disturbing the peace
at Sixteenth nnd Chicago streets. Jorgecssn
Insisted that he was as much mixed up In
the affair as his friend Elliott nnd was loath
to bo apart from him In this, his hour of
need. Tho young man declaimed In rag
time language nnd maudlin tones for many
minutes, but Desk Sergeant Mntshall took
pity on his youthful verdancy nnd refused to
accommodate him. giving him the fatherly
advlrp that he go home and sleep off his Jag.
Just as young Jorgensen was leaving the
station broken-hearted and disconsolate, ho
ran squaiely Into the arms of Sergeant WIs
senberg and told blm his tale of woe. Tho
sergeant's tender heart was deeply touched
and he ordeicd that the young fellow bo
locked tip with his dear frlond, which was
done. After Jorgensen had been put In the
cell bl.t friend Klllott called up tho post
oillco nnd succeeded In getting security nnd
was released on bond. Hut Joigensen was
held on a chargo of being drunk.
SPLIT AMONG SOCIALISTS
Urine' I'liltouiTK anil Soelallst l.nltor
Party People DUIdi'd on Melhoil
of AimiiIkiiiiiiiIIoh.
INDIANAPOLIS. March S. The uncial
democratic national convention held a stormy
session this nfternoon nnd this evening and
did not adjourn until nearly S o'clock to
night. Many of tho delegates missed sup
per to attend the public meeting at the court
house, at which Kugenc Dcbn was to speak.
At the morning session the conimltteo
of the social labor party and the subcom
mittee from the convention reported In fnvor
of amalgamation of the two parties. Tho
two committees locked horns on a nnmo
for the united party. Tho socialist-labor
pcoplo demanded the appointment of a coni
mltteo of nine to draw up a treaty, and
that the treaty bo submitted to referendum
vote of both parties for ratification. Includ
ing the name proposed for tho united party.
A Joint ticket, composed of Delia for presi
dent nnd llarriman of California for vice
president, was asked for. Tho convention's
conimltteo reported In favor of the refer
endum clause, but split on tho advisability
of making any concession as to the name
of the united party. Over this question, tho
convention quarreled all afternoon. Thn
majority report Instructed the committee
to stand llrmly for the name social demo
crat party, while tho minority report merely
told tho committee to "urgo the selection
of tho name social democrat." The minority
report was adopted tonight nftcr a pro
longed discussion, Stedmnn of Illinois In
sisted upon tho majority report, while llar
riman of California. Hllqultt of New York
and Hayes of Ohio were for tho minority
report. They said should the majority re
port prevail, negotiations with the noclallst
labor party would in nil probability be at
an end.
Then enmo tho question of n ticket.
Eugeno Debs was placed In nomination by
Frederick O. McCorthney of Mnbsnchusetts.
Debs at once roso nnd said that under
no circumstances would he bo a candldato
for president. Ho said ho had prlvato
reasons for not desiring to bo a candldato
nnd bo sincerely hoped tho convention
would nccept his refusal.
Stedmnn of Illinois nominated Fred O.
MeCnrthnoy of Massachusetts for president
and Representative Carey of Massachusetts
named Job llarriman of California for pres
ident nnd Max Hayes of Cleveland for vice
president. llarriman declined nnd In tho
confusion thnt followed tho convention was
adjourned. Tonight efTorts aro being mado
to get Debs to run, hut so far without suc
cess. The convention Is divided as to nom
inating Debs anyway or accepting his wish
not to run.
'At the mass' meeting tonight Debs wns
awaited by the crowd for two hours, and In
tho meantlmo addresses wero mado by Max
Hayes and John C. Chase, '.Mayor of Haver
hill, Mum. Debs did not show up, how
ever, and tho meeting adjourned.
PROTEST ON QUARANTINE
Chinese CoiimiiI Object to Action of
Health Hoard at San
Francisco.
SAN FRANCISCO, March 8,-Chlneso Con
biil (icncral llo Yu has Issued a proclama
tion, which Is endorbcd by tho Six Com
panies, protesting against tho action of tho
Hoard of Health and polico in quarantining
Chinatown becauso of the discovery of a
suspected caso of bubonic plague. Ho snys
ho has Investigated the matter and finds
that tho man died of a common ailment, nftcr
an operation had been performed. He do
clures thnt there Is no excuse for tho block
ado which has been placed on tbo Chinese
quarter, and says:
"Should this outrageous conduct bo con
tinued, I will Invoko the protection of tho
treaty now existing betweon the United
States and China."
Tho city Hoard of Health has decided to
enforce tho quarantine In Chinatown with
the greatest possible strictness, though tho
Market Street Railway company has been
granted pormUilon to run Its cars on Jack
son, Clay and Sacramento streets, subject
to thorough disinfection. No one will bo
allowed to enter or leave a car anywhere
In tho quarantined district and passengers
will bo compelled to go Insldo tho cars
whllo passing through Chinatown,
It will be several days beiforo the exict
nature! of tint suspected case can bo deter
mined by tho investigating physicians.
DEATH RECORD.
Pioneer of Fremont,
FREMONT, Neb., March 8. (Special 1
Notlco wan recelved-here today of the death
In Houston, Tex., of Mrs. J. C. Flor, who
was one of the first settlers In Nebraska
and a resident of this city for nearly forty
years. Mrs. Flor came to Fremont with her
husband In 1S57 from Wisconsin when the
town was only a few months old. She was a
resolute, energetic woman and for tho first
eight years of her residence hero attended
J largely to business bcrsjlf. as her husband
j was in tho freighting business between Mis
: soiirl river points nnd the west until the
Pnlon Pacllle railroad wns built. Her hus
band, one Bnn, K, S, Flor of Valley, and
throo daughters survive her One of her
daughters was tho drat whtto child born
in Fremont.
EIGHT CLUBS IN BIG LEAGUE
Unanimous Agreement for a Smaller Circuit
by the Magnates.
TERMS OF SALE NOT TO BE ANNOUNCED
I'onr Minor I.e'iiKUiyi Petition for nti
A in i' ml in rut to Niitliiniil Awre'C
inent About DrnftliiK ot
Players No Ael Ion,
NKW YORK. Mnrch S. The National
Uaso Ball league for the season of 1000 will
havo an eight-club circuit. This announce
ment was mado nt tho Fifth Avenue hotel
at 11:30, when tho league meeting adjourned.
The agreement with tho clubs dropped will
bo formnlly written tomorrow. President
Young said the verbal agreement for nn
clght-club circuit had been unanimous.
All tho clubs dropped have tho right un
der tho agreement to reucrvo their players,
except Washington, which has bocn pur
chased outright by the league. Washing
ton's players will be distributed among the
eight clubs. Tho Hrooklyn-Ilaltlniore com
bination ecntrols tho Haltlmoro players.
Tho terms demanded by tho clubs nnd
concessions will not bo mado public, It Is
staled.
According to F.bbltts of the Hrooklyn
Haltlmoro combination It received all It
asked for tho surrender of tho Haltlmoro
franchise. Hanlon would not say which
of the Haltlmoro club's men will be annexed
to Hrooklyn. but intimated thnt tho pick,
will bn made.
President Pulllnm of Louisville was first
called. When he camo out ho said thn
committee had agreed to report the purchaso
of tho Louisville franchlso for $10,000.
Tho National Hoard of Arbitration opened
the day's work by hearing the grievances of
tho players and minor lcagtiiM. The mem
bers of tho board present were: President
Young, A. E. Soden of Hoston, J. I. Rogers
of Philadelphia, John T. Hrtish of Clncln
nntl nnd James Ilnrt of Chlrago.
During the session the board of arbitra
tion made Its report. President Young, after
the adjournment, gave out a summary of tho
board of arbitration's report. The following
petition from four nlnor leagues was con
sidered: V hereby petition your body for the
adiiotlon of the following amendment to
article xll of the national nsreoment:
In tho event of a player's service being
aci eptrd ( the dull of u higher class after
the Hose of the plulng se,is"n In the league
to which the player Is under contract the
I'ltib so accepting these services shall pay
Immediately to the hoard for the bonellt and
account of the flub to which the said plnver
Is subject to reservo one-half of the olnsil
lied drafting price. Tho payment of the
elassltled drafting price by said club prior
lo November 15 Hhall act as a release trans
fer of said player to said club.
.1. II. FAHItEM,.
President New York State U-ugue.
c. t. powkh.
Interstate league.
T. J. IIK'KKY.
Western I.piizuo.
11. F. SCHMIDT,
Central T.r.igue.
Tho board decided to lay the petition over
until the fall meeting.
There was talk that Washington was hold
ing nut for $ lrt.r.00 for Its franchise. J.
Karl Wagner said so. Baltimore. It wns said,
demanded $75,000 for Its franchise.
llcniiKn oa the ItiiiuiliiK Truck.
NEW ORPHANS. March S.-Kesults:
Urst race, six and nne-Iialf furlongs: Jim
?y"rP.u Lt.uvQn-.,wl'!l second. Dolly
Welthoff tHlrd. Time: l:iM.
Second race, six furlongs, selling: Ovatur
won, Inlook second. Frangible third. Time:
1 US,
Third race, one nnd one-quarter miles,
selling: Sailor won. Cuirassier second,
Runhtlelds third. Time: 2:11.
Foul th race, one mile, hnndlcap: Strang-
thlrdW,moa:thi7i,5i! ,"",y rnl"",an
Fifth race, seven furlongs, selling: Irma
won. Spotted Fox second, Clarence II third
lime: 1:33.
Sixth race, one mile, selling: Orace Phll-
"Mrd.'Tlme1"'!!'110 "OPOn"' "cn rhilmp
SAN FUAS'cisCO. March .-Weather
mining and trnck sloppy. Oakland results;
Urst race, five-eighths of a mile, selling:
Ksnlrando won, Hamboulla serond, l.ndv
Helolse third. Time: 1:034
Second race, seven-sixteenths of a tulle
for 2-ycnr.oldH selling: In Trade won. On
Time second, Socapa third. Time: 0:141.:
Third race, one mile, selling: Tekla won,
Essence second, Choteau third. Time: 1-4)
I'ourth race, one and one-slxtennth miles
selling: None Such won. Don I.uls scroniV
Stuttrart third. Time: j;4t. croiui.
Fifth rnee. one mile, selling: Torlblo won
Scotch Plaid second. Houn.llee third. Time!
Sixth race;, ono mile, selling: Castnko
Time: Sfm1, -Mur' third
Hog: .show nt e'liiciiK,,,
CII1CAOO. March S.-The attendance to
day at the fourth annual exhibit of the
Maslcoulah Kennel club showed a larce
Increase from yesterday, the First regiment
armory, In which the exhibit is being held
being thronged all day. The board of
Judges practically eompleled the n warding
of prizes elurlng tho day, only n few classes
remaining to bo passed upon.
In tho American foxhound class Alouzo
C-,.!,(ly,10 ,of McGregor. Ia., won Urst prize
with his dog, Drummer
BIG RISE IN OHIO RIVERS
Fremont l'mlr Waiter ami Many
Kami I If n Tale en on In
lloatN,
FREMONT, O.. March S. Tho Sandusky
river Is tho highest for fifteen years. The
Ice has gorged nnd tho entire lower part of
the city Is submerged by brick water. The
tracks of tho Wheeling & Lake Krlo rnllwaj
nro covered and traffic la Impossible. Sev
eral factories havo been compelled to close
down. Houses aro Hiirrounded and many
families vacated in boats. The business
section of tho city will bo Inundated If tho
rise continues.
FIRE RECORD.
Clilciiuo Presbyterian e hurcli.
CHICAC.O, March 8. Thft Second Presby
terian church, nt tho corner of Twentieth
street and Mlchlgnn avonue, was completely
destroyed by flro tonight. Tho building
was tho homn of ono of the most nrlsto
cratlo congregations In tho city and was
erected twenty years ago. A reception was
bolng given In the church parlors by the
Young People's Christian Ktidenvor society
of tho church and tho afsemblagc was In
tho midst of tho festivities when tho blazo
was discovered In tho organ In tho m.iln
auditorium. Thoro was a rush for the
doors nnd for a few minutes It appeared
as If there would be a dangerous panic, but
all thoso In the building escaped without
danger. The loss on the building and fur
nishing Is estimated at $.100,000.
HiixnIiiii IJenrriil Sinn" llnllilliiu:.
ST. PETERSnURCi, March S.-. flro qt
tho hnadquartors of tho general staff today
destroyed a quantity of the most valuable,
books and manuscripts, which It Is Impos
elblo to replace. All tho lire brlgndes n.r
tho city wevo engagel and they obtalnod
control of tho flames this afternoon.
i l I 1 111 e ii I h of llocr I It-11 cm In,
HOUR CAMP. niOOAHSniiRC, Monday.
March At a general council of war held
today Iritis Hotha was appointed lieutenant
general for Natal and Uikas Meyer, Schallc
burger, David Joubert, Daniel Erasmus and
J. Fourle wero appointed major generals.
The selections havo given lively satisfaction
to the burghers.
LADYSMITII. March S. Tho Hoots are
entrenching nt niggarsberg. The scouts re
port that all tho Natal Dutch farmers have
fled from the surrounding country.
Tliiiraton 'lull. n at Pa rUcrnliii rn.
PARKRRSni'RO V Va March s The
State League of Republican Clubs of West
Virginia, which met In this city today, was
the largest gaiherlng ever held by that
body, there bring over 1 lion delegates pres
ent The tnoiiting session was devoted lo
business This afternoon Senator John M
Thurston of N, liraska delivered the address
of the day. selling forth the principal Is
Hues of the campaign. J C Parkinson of
Marshall e-ounty was elected president of
tho lennue.
SUPREME COURT SYLLABI
No. 0151I. Charles 11. Denny et al against
Peter S. S'out. Alilrmeil. Error from
Douglas county. Sullivan, J.
1. A verdict supported by stifllclcnt com
petent proof will not be disturbed.
2. In the trial of nn action on a contract
where the answer Is a general denial It Is
not error In exclude evidence which has no
tendency to disprove tho averments of tho
petition.
3. Any nlllrmallvc defense to the enforce
ment of a mntrnet should be pleaded In tbo
any wer.
4. It Is not error to refuse an Instruction
which omits an Important element.
f. Tho Jury may disregard the entire evi
dence of ,111 uncorroborated witness whein
his testimony on a material point is willfully
and curru:iiy false.
No. 3113. Chlcaco. Hock Island & Pacllle
Railway Company against Hertha .erneeke,
administratrix. Alilrmeil. Error from
Thayer county. S'orval. V. J.
1. Hv section 3, article 1, chapter lxxll,
e'omplled Statutes, a right of action Is given
to a person for all Injuries sustained whllo
a passenger of a railroad company, except
where the Injury was occasioned by his
own criminal negligence or by his violation
of some express rule or regulation of tho
carrier actually brought to Ills notice.
2. In nn in t'on for Injuries sustained bv
derailment of a train on which plaintiff was
,1 passenger tbo statute creates a presump
tion that the accident was causeel bv tbo
negligence of the carrier, or by Its wrongful
act, neglect or default.
3. Said sc tlon 3, article I. chapter lxxll.
Compiled Statutes, making e-arriers liable,
In absence of ncullcenco. for Inlurlcs to
passengers Is within the police power of tho
state.
4. Chapter xxl. Compiled Statutes, Is not
amendatory of section 3, article I, chapter
lxxll, e'om;iled Statutes, nor do the two
acts In any wise conlllet one with the other.'
5. Cnder chapter xxl, Compiled Statutes,
known as "Ixird Campbell's Act," a right of
at tlon Is given the legal representative of
one who has died In consequence of injuries
sustained while being transported bv a rail
road f mpany. where tho Injured party
eotild have maintained nn action had he
survived.
fi. All statutes In pari materia must bo
taken tocehor and construed as If thev
were one enactment and. If possible, effect
given to every provision.
7 Section X. article 1, chnptnr lxxll, Com
plied Statutes, Is not inimical to tho four
teenth amendment of tho constitution of tho
I'nlted States or to section 3. nrtlcle 1 of the
constitution of this state as tending to de
nt Ive railroad companies of their property
without due process of law.
s. Instructions should be construed to
gether and If. vvhon so considered, they stuto
the law correctly, applicable to Issues and
evidence, they will be sustained.
3. Instructions In this ease examined nnd
held free from reversible error.
No. 10S91. State ex rel Saunders against
Clark. Alllrmed. Error from Knox county.
Sorval, C. J.
1. Section 2, article x. of tho constitution
prohibits the division of a county whero tho
proposition has u majority of tho legal votes
cast thereon.
2. The provisions of snld section 2, nrtlcle
x. of tho constitution do not preclude the
legislature from passing a law requiring the
question of county division shnll receive tho
majority of all the votes cast at the election
nt which the same was submitted to the
electors to effect the erection of a new
county out of one then existing.
3. Section 11. article I. ohnptor xvlll. Com
piled Statutes, Is not Inimical to section 2,
article of the state constitution
I. I'lider said section 11, urtlclo I, chapter
xvlll, Complied Statutes, to effect the
division of a county, the proposition there
for must receive a maloritv of the loirnl
I votes east at tho general election nt which
1 the same was submitted whether cast for
ine lining 01 an ottie e or on any proposition.
5. In determining tho question of whether
tho county division has been adopted tho
total vote cast In the countv at the eleo
tlon at which the samo was submitted will
be presumed to bo the highest voto cast
for uny ofllco or nn any proposition. But
this presumption If not conclusive may be
overcome by proper evidence.
ii. A county canvassing board has no au
thority to llnd nnd declnro the total voto
polled nt an election nnd a finding In thnt
respect mado by It will be rejected as sur
plusage. 7. An exception to the overruling of a
motion for a new trial Is necessary to ob
tain a review of the question presented by
such motion.
Nn. Alt'rce Manufacturing Company
against Orape. Reversed nnd remanded.
Error from Dixon county, llolcomb, J.
1. Petition examined and held to stnte a
cause of action for damnges for breach of
contract for nonperformance and failure to
comply with its terms, and that it eloes not
contain essential nverments necessary In
einler to construe it as a petition for a
rescission of tho conlrnct and recovery of
thn consideration paid.
2. Instructions sot out In the opinion glv
notion a double aspect, one for elamages
for breach of contract and tho other for a
ivselsslon thereof and the recovery of the
purcha-o price. Held, thnt an nctlon will
not He to recover damages because the
machinery was not as good as represented
and nt tho snmo tlmo recover the prlcn of
It by rescinding the contract. The two
remedies aro Inconsistent and repugnant
nnd cannot tie Joined or blended.
3. A pleading for rescission of a contract
for a. breach In lis conditions must nllogo
the ground upon which a right to rescind Is
based, nn offer to rescind without unneces
sary delay by a lender of the property re
ceived, with a request for a return of the
consideration, the offer o return tho prop
erty must be continuous nnd kept good by
a proper averment to that effect
I. A contract cannot bo rescinded In part
and a part remain executed. If rescinded
nt all It must bo in toto, and the parties
thereto placed In stntii quo so fnr as tho
circumstances will permit.
r. Instructions which bring Into the cast
eiucstlons foreign to the Issues as raised by
th pleadings, anil which nro calculated to
mNle.id tho Jury, are preiudlclal error,
calling for a reversal of tho ludgment
No. 9ir.ii. The Chicago, Hock Island &
Paeltlc Railroad Company against Eaton,
administrator. Alllrmed. Error from
Thayor county.
No 3131. Dullard & Co. against DeOroff
et al. Reversed nnd remanded. Appeal
from Red Willow county.
1. An agent In charge of a retail lumber
business, with the power and authority
ordinarily Incident to the conduct of such
business, exceeds the scope of his agency In
signing bis principal's nnmo to nn obliga
tion for the faithful performance by a third
party of a contract for the construction of
a building, or nn obligation of llko char
acter. i. The unauthorized nets of an agent In
signing his principal's name to such In
strument cannot of themselves bo con
strued as a waiver by the ngent of his
principal's right to a lien for material fur
nished to the contractor with whom tho
agent executed such bond, or bo given
vilalltv for the purpose of depriving plain
tiffs of a right to a Hen which they other
wIno possessed
3. The fact that an ngent, acting without
atithoilty. signs the firm name of his prin
cipal to such bond, believing thnt If the
principal obligor secured the contract his
llrm would furnish the building materlnl.
and signed tho hand for tho purpose of
I helping tho contractor obtain tho con
!
First, kidney dlssase then Brlcht's disease then diabetes.
This Is what Invariably happens when any kidney trouble) Is negjected. Grasp It In Its first stapes, or you will
have a terrible tussle. And be very careful what drugs you put into your system. The famous KID-NE-OlbS may
be taken with perfect safety. They will not upset man or woman, Invalid or child. MORROW'S
KID
Is a purely scientific remedy, put up
yeiiow tamets, easy to tase easy to carry
frequent desire to urinate, discolored
urine, or any kidney disease whatso
ever. &0c. at all druggists. Enough
for about 2 weeks treatment.
Morrow's Uvcrlax Cures Costlvenoss,
Biliousness, Headaches and
Constipation 25c.
TRY TINS.
Healthy urine Is clear. nnd docs
1 not
stain. Put some In a glnta and let it
standi hours. If there Is a sedl.
mental tho bottom, get Kld-ne-oids
at once. It means your kidneys
are alTectcd. Frco booklet for tho
asking.
tract would not be sufficient to constitute
a waiver of his principal's right to a
mccnanie s nen. me giving or the bond and
tho salo of the material being two entirely
separate nnd distinct nets, made at a dlf
ferent time, each Independent of the other
1 In order thnt a ralltlcatlon of the un
authorized acts of an agent may be mnde
elllcaclous It must be mado by a pnrlj who
has power to act In the first Instance and
made with knowledge of the material facts
in connection therewith.
No. 3136. Thompson ngnlnst West et al
Alllrmed. Appeal from l.nncaster county
S'orval. C. J.
1. In the nbsence of a general saving
I'lause, the repeal of n statute will not af
reet a suit previously nrotignt to enroree a
right founded thereon or accrued there
under. 2. The repeal of the statute permitting tho
recovery of eleflcteney Judgment did not
affect actions then pending.
, 3. An Incorporated religious society has
j no power to ncqulre or hold real estate for
I any purpose other than that of promoting
the ntijiM't eit Its creation.
4. A contract entered Into by such a cor
pnratlon for the purchase of real estate Is
I a matter of speculation merely; Is ultra
, vires and void.
I 0. Where In an action by nn Indorsee of a
. promissory note It Is established that the
instrument was Illegal in Its inception t lie
1 burden Is cast upon the plaintiff to show
that ho Is an Innocent holder for value ami
before due.
fi. Tho nctlon of the majority of the board
of trustees of a religious society will not
bind tbo lntter without notice to or partici
pation therein by the other members of tbo
hoard.
7. A corporation cannot rntlfy a contract
which It had not the power to make.
No. 10.15S. Ashland Land and I.lvo Stock
Company against Alfred May. Alllrmed.
Error from Saunders county. Sullivan, .f.
1. Evidence exnmtncd anil found to sup
port the verdict,
2. Whero there Is reason to believe that
the Jury may have been Influenced In nay
degree In favor of the prevailing party by
the mlscimdnct of his counsel In nrgtilng
tile cause the verdict should be set asldo
and a new trial awarded.
31 A litigant should not be permitted to
hold any ndvantage obtained by the em
ployment of lawless or Irregular methods
during tho trial or In connection there
with. 4. Whero It Is evident that the miscon
duct of the successful party has not been
prejudicial a Judgment In his favor will not
be reversed for that reason alone.
I'otltlon for Deep WnlfrHny.
CHICAGO, March S. Members of tho
elralnago cannl hoard, headed by President
Holdcnwlck, will leave hero for Washing
ton on Wednesday next, bearing with them
a r00-pngo memorial to e-ongress, asking
for a deep waterway between Lake Michi
gan and tho Mississippi river. Fifteen
thousand copies will be taken to Washing
ton for distribution. The book Is an ex
haustive review of the cannl work.
Wool (Iroivcm and Arid l.anils.
HOISE. Idaho. March R.-At the Joint
meeting of the Idaho Wool Orowers' asso
ciation and tho Northwest Wool Growers'
association, comprising sheep growers of
Oregon, Idaho, Washington nnd t'tnli, held
here today, resolutions were adopted
against the leasing of tbo arid lands of tho
western states and against the efforts of
certain chemists to have the llureau of
Anlmul Industry discontinue the frco dis
tribution of blackleg vacclno virus.
'Movement!! or Ocean Vessel. March S.
At New York Arrived Itheln, from lire,
men. Sailed Cevlc, for Liverpool; La
Champngne, for Havre.
At Gibraltar Arrived Aller, from New
York, for Naples and Oenoa.
At Queenstown Sailed Oceanic, from
Liverpool, for New York.
AB Liverpool Arrived Teutonic, from
New York.
At Rotterdam Arrived Spanrndnm, from
New York.
Miserable
Indeed are the afflicted who
carelessly permit disease to
gain a fatal hold while relief
may be secured for a trifle
California's Mi&son Remedies
W and
Cala Cactus Liniment
are warranted to cure
RHEUMATISM
and all diseases of the
Kidneys and Bladder
Drnlit will return jour money II
Sin Curo fills to benefit you
San Curo Cathartic Tablets
Perform their work without pain.
They poiltlvsly cure all LIVER ILL5,
WHOOPING COUGH
is 111 the air. Today tho child is fever
ish, tomorrow down with Whooping
Cough. Thn pnroxysms tear the little
lunrs nnd the child grows weak and
wan. How many homen have felt tho
grief of a child funeral because of ne
clect of "a simple caso of whooping
cough?"
Dr. Kay's Lung Balm
loosens tho strangling cough, lifts tho
pain from the lungs nnd soon has tho
youngsters as well nnd lively as ever.
IVin't hesltato to give Dr. Kay's Lung
Halm to your ihlldren. They all llko
MPS C SCIILBCHT, 830 So. !(th
St.. Omaha, Nebr.. writes: "My baby
had a high fover and cough almost
incessantly, with a sharp, croupy
sound. A few doses of Dr. Kuy's
Lung nalm stopped the cough, tho
symptoms of croup disappeared and
the fever subsided. I consider Dr.
Kay's Lung Halm the best cough
medicine I evr used. It doeg not
cause sickness at tho stomach llko
ordinary cough medicines."
Uiicqiinlcd for I.n Grippe!
TtKFUBE fit'nSTITI'TKS. Remedies
"Just as Oood" as Dr. Kay's Lung
Halm aro NOT MADE OH SOLD
J1Y ANYONK AN YWHERK. At drug
Klets or from us, for 10 and 23 cents,
Address us for Free Advice, Sample
and Hook,
nn. 11. .1. kav MimiCAi. co
XnrntiiKn .Hprlnica, ' V.
STEP!!
- NE - OIDS
In th
e latest and most convenient form not
Wlr lr- rtir,n , . i , i i ,
ruu-ini-wiuj is mo 5uic3i anu ucswneaicino tor oacKacne, sleeplessness.
fiSt
let psS 1
f S Be'
Mrs. H. C. Rogers, 03 S'orth
Uth street, says. "For the pnst
threo or four years I have been
suffering from kidney backache,
also with sjiells of sevcro hend
acliX. also with spells of sevcro
headaches, nervousness, dizziness
nnd urinary troubles of nn annoy
ing nature I secured some of
Morrow's Kld-ne-olds nnd followed
the directions closely. In a few
days all the symptoms were great
ly relieved. The backache disap
peared." At all drug stores and Tho
Myers-Dillon Drug Co.
pncPAnco dv
JOHN MORROW cV CO., chkmibts.
SPRINGFIELD, OHIO.
A GREAT
Premium Offer
ToRcadcrs
Beautiful Pictures for the Home.
A Spirited
Battle Picture
THE DEFENSE 0E CHAMPIONY
Which wns nwnrded the nrlzn inetlnl
In tho Purls Snlon. Cost $00,000.
This lino picture. In 11 colors re
proeluccs lino for lino nutl color for
color, every eletall of tho original.
Famous Oil Painting
Is 22x,'!0 Inches nnd Is fit to adorn
the nrt gallery of a Vniitlurullt.
You can have either or both of tli eso famous pnlntltiBS for 10c each and
3 consecutive coupons cut from this advertisement In Tho Dally Hoe.
Theso. beautiful pictures have never been sold for less than $1.00 each.
The Uco lias purchased soveral thousand ns n special subscription featuro.
thus making the price very low for 1J ec readers only.
tub b UvV:m - w
The subject treats of a group of p casantR in the harvest-field. The pens
nuts have spent the morning ruklng and stacking liny, the sun Is nt Its zenith,
not a breath of air In Stirling, you can almost hear the bees as they buzz from
flower to flower, nntl awny off In tho distance Is seen a balloon floating ma
jestically In the clear, blue sky. Hvld ently the villagers nro holding their
country fair, anil a balloon ascension is one of the features. Tho group con
sisting of tho peasant and his family are In the plctureseiue eostunio of tho
country. They have all htopped work ami stand with their rakes in their
hands gazing Intently at the distant balloon. Wonder, nwo nnd admlrntlon
nro blended In their expressive faces, nnd revealed In their nttltudes. Tho
subject has been treated with those soft, mellow tints which Its artist knows
so well how to paint, mid recalls to the mind many just such Incidents in our
childhood life. It Is Justly popular, both on account of Its artistic quality anil
deep human Interest with which it has been clothed.
History of "The Defense of Champigny."
Tho Franco-fiorman war or 1S70, v th all its horrors and terrible loss of life,
still burns In thu memory of most living. For many years previous a bail feeling
existed between France ami Prussia an d both great powers had been gottlng their
armies In readiness and were armed to th o teeth. Distrustful nnd full of hnto to each
other, they soon found thembelves In a po sltlon from which neither could retreat with
honor nnd an appeal to tho sword was th o only alternative. Tho Swinish crown of
fered tho Prlnco of Hohenzolleru, In Jun e, 1870, and being accepted by him, caused
tho Interference of Prussia, which tho F rench government resented, feeling that
Prussia had no right to Interfere In Spa nlsh affairs, and step by step the quarre.1
grew, nnd although Great Hrttain and ot her European powers tried to avurt an open
rupture and to preserve the pcaco of Ku rope, tho war spirit was madly popular In
both Prussia and Franco. At last, on th o 15th of July, 1870, the crisis came, The
Duko of Grammont told Lord Lyons, th 0 Urltlsh ambassador, thnt "Thn Prussian
government had dellbcratoly Insulted Fra nee by declaring to tho public that tho king
had affronted tho French ambassador. It was ovldontly tho Intention of tho king of
Prussia to tako credit with tho people o f Gormany for having actoj with haughti
ness nnd discourtesy In fact to humlllta to Franco." Emperor Napoleon, ns early as
tho 8th of July had movod forward his tr oops, and on tho 15th of July war was do
clared by tho French government to exist between Franco and Prussln. A!! Prrls was
In an LnrooT of delight Tho dccl&ratlo n of war mado Napoleon popular with bis
subjects and tho Chambors, by an overwn elmlng oto, granted a credit of 60,000,000
francs for tho nrmy and 16,000,000 for th o navy. Tho war was carried on with vast
expcndlturo of forco on both sides, and w nr wbb brought to a closo after seven
months of awful bloodshed nnd almost da lly battles, the details of which are tfo
harrowing to narrnto. Tho Germans los t C.247 officers and 123.4C3 men. Tho tcrtal
losses of tho French wero Incalculable S trasburg nnd Mctz, which Germany had lost
In a tlmo of weakness, were reconquered, nnd tho German Emplro had arisen anew,
and Franco had thrown off bondago and had becomo a frco nutlon a republic. 80
good camo out of evil.
While reflecting upon theso eventful t lines, M. Jean Hatlsto Edouard Dctalllo, thn
great and famous French painter, waB Inspired with tho Idea of painting his world
famous picture, "Tbo Dcfenso of Champ! gny."
Heforo giving a fow facts, a description of this magnificent painting, an outllno
of tho vlllago that has been mado so famous, may bo hero narrated. Charaplgny,
with a population of over 2.000 might aim o&t bo described ns a beautiful suburb of
Paris. It lies five miles east, southeast of the gay city. Here business men from tho
busy capital and picnic parties wond tho Ir way for a quiet rest, fresh air, and to
tako In tho rural nnd pretty landscapes. Hero, scattered through tho village, wero
lovely homes or chatcaus, surrounded with woll-lald-nut gardens and lawns, full of
nweet-scented nnd pretty Mowers and beautiful trees, casting n heavenly nnd poaceful
aspect all around. Hut this beautly was to bo marred by tho ravages of war, to
be trampled down by tho eioldlers and Implements of war, for, situated as It Is, on
tho Mnrne, It was selected as a placo for a sortlo on bohalf of tho French army, and
horo on November 30th until December 2nd, 180, was tho scene of protracted and
bloody encounters botween tho French troops under colonel Ducrot and tho Germans,
and on December !ird tho French rocrossod tho Marno. having slain 6,000 Germans
Bnd sustained a loss of from 10.000 to 12,0 00 men and leaving Champlgny a waste
M. Detallle'8 painting of Tho Defense of Champlgny, 1870, holds a most prominent
position in New York. It Is now hung In tho Metropolitan Museum of Art, Contral
Park, and Is valued at ovor $60,000.
3 COUPONS
ONLY 10c
AiiTomtAVimis
Of SI. netalllr'a Fiiiniiii I'nlntlng.
"The Defense of
Champigtiy"
CO! PON I'OII MAItCII !.
This coupon, with two others of
cousccutlve dates and 10 cents, pre
sented at the Ileo office entitles any
render of tho Heo to this beautiful
picture, 22x30 Inches. If you want
U mailed, send 10 cenU extra for
tube, postage, etc.
If you send part or all In two-cent
not stick together. Address all letters
TUB B
STEP!!!
pills or liquids, but slmnle. dalntv.
' 1 1 i . , , . , ' . " J '
of The Bcc.
THE
BALLOON
A FARMING GROUP
In the harvest Held sec for tho first
time a balloon In the sky.
This Famous Painting,
owntel by tlio Metropolitan Art Mu
seum of New York, reproduced In
color nnd effect. Is Inches, Is
handt'ouiu and beautiful.
1 1 . m t
THIS IS IT
CIT IT 01T.
AKTOGHAVUIIB
Of Dnvre'd .Marvelous I'nliitliiS.
"THE
BALLOON"
COUPON KOIl MAItCII O.
This, coupon wlt two others of
consecutive dntes and 10 cents, pre
sented nt tho Uei ofllce entitles nny
reader of tho Bee to tills beautiful
picture. 22x30 Inches. If you want
It mailed, send 10 cents extra for
tube, postage, etc.
postngo stamps bo careful that thoy d
to
HB PUBLISHING CO., OMAHA. NEB.