THE OMAHA DAILY BEE: THl'HSDAV, APRIL 25, 1001.
n
WILDCAT BANKING IN IOWA
Major, Hojt Bhtrmm't Becolltctioni of
PUnitr Finaneifiring in the Weit.
ERA OF FREE BANKING RECALLED
Mow I'roiiioliTo llrounil Out fiirrrncy
anil DllUnitly I'lnnlnl It Awny
from flume Xi-lirnnUn'd
I'nrt In WlliIinltliiK.
Major Hoyt Sherman of Dcs Moines con
tributes to tho April number of Annnla of
Iowa tho first of two papers recounting tho
beginnings of banking In that state halt a
rcntury ago and tho experiences of bank
ers with the wildcat currency of pioneer
days. Mr. Sherman Is tho youngest brother
of General William T. and Hon. John Sher
man, lib settled In Uto Molncs In IS 18.
became a banker ten years later, and has
fclnce been closoly Identified with the bank
ing Interests of Iowa. Tho trials and vi
cissitudes of pioneer banking arc a part of
his experience and his recollections of that
period throw a searchlight on tho financial
convulsions that preceded tho founding of
the present system of banking.
In tho early COs, the period of which Mr.
Sherman writes, the business of thu then
frontier stnto of Iowa was conducted ca3t
of a line drawn from McGregor, Clayton
county, on tho northeast border of thu
state, sotitbwcstwardly to Centcrvllio. West
of that lino was boundless aud unexplored
prairie. Settlements fringed tho Missis
sippi and adjacent confluents. Trafllc wad
by river, and to oack counties by mulo and
ox teams. There was not much use for
banks In thoso days, a trunk or a stock
ing serving as depositories, und tho six
banking houses located In tho river town.i
had qulto n struggle to earn expenses. Con
tinuing, Mr. Sherman says, In part:
Ono of the leading transactions of tho
banker of that day, In fact tho leading on'
overriding all others In number and profit,
was that of "entering land on time;" that
Is, purchasing from tho government a tract
of land, previously selected by tho settler
or speculator, at tho regular rato of J1.C5
per aero, and selling It to him on ono year's
credit at 11.75 an aero; that meant to per
cent Intorcst. From 2',A to 3 per cent per
month was thn current rato of, Interest, but
In transactions of this chnractcr 10 per
cent was paid, because it figured out even
chango and hecauso tho customer could
Btand It. That rato of Interest obtained for
several years In the central nml western
parts of the state, and could be safely paid
by land dealers. It was only occasionally
that a regular hank discount was ap
plied for at that rato of lnterost,
and then whllo the customer received
very llttlo money on his discount, ho had
an abundanco of sympathy.
The C'lrculnlliiK Medium.
Back from tho river towns a few enter
prising men and firms called thomsolvcs
bankers, becauso It helped them In the pur
chase of land warrants In tho eastern
cities, and looked well on their printed
letter' heads. Their principal business,
however, was "entering land on time" and
buying government land for non-resident
investors and speculators. A business call
on them at that tlmo for n New York draft
or a discount would havo been received
with a stare of astonishment or treated as
a feoblo joke. Many of theso snmo men, a
few yearB later, becamo legltlmato banker
by gradual development from their land
business, and thus wrro tho founders of
prosperous and well established banks In
vxtstenco today. Thoso wcro the days, too,
of Jackaonlan principle In Jown,, fbrwq,
had no banks of Issue. Tho circulating
medium was of many varieties In gold,
American coin, English sovereigns, French
20-frnnc pieces und mi occasional
Spanith doubloon. In silver, Spanish mlllu.l
dollars and quarters, Mexican dollars and
French fi-frnnc pieces tho latter very
plenty and current for 95 cents. In paper
money, principally notes of tbo Siato hank
of Ohio, Indiana nnd Dank of Mlmcurl. nil
solid and well founded In public confidence.
Derides these n small quantity of eastern
bank notes wero In limited circulation, but
wero looked upon with suspicion bc:nuso
so far away from tho plnco of Issue. Tho
United Stntcs land otllces wero tho busy
places, where largo money transactions
were mado In tho purchnso of government
lands, and as only A.mcrlcnn coin would
bo received there In payment for tho pub
lic domnln, thoso offices absorbed all tho
supply, and. In fact, nt times tho premium
for American go'd becamo so great It was
a decidedly profitable business for bankers
to deal In as n kind of merchandise. Emi
grants and speculators from tho far east
ern state, attracted by tho marvelous and
but little exaggerated stories of tho rich
nnd bountiful soil to bo bought of tho gov
ernment at n nominal price, would como
out with drafts on New York, noston or
Philadelphia banks (fenrtng to nsaumo tho
risk of carrying large sums In coin) nnd
exchange their drafts nt n heavy discount
for gold with which to raako their pur
chases of tho government, tho prtco then
of tho richest and most productive, land In
tho world. In an excellent cllmnto and In
a stnto with n promise, of a marvelous
growth, being only 91.25 per aero, ths
added discount to convert their drafts or
eastern bank notes Into coin wns tho mcroit
trifle to them, while It gave to tho bankers
an Important scourco of profit, Thoso bank
ers not only realized tho premiums on tho
salo of gold coin, but tho drafts or eastern
bank notes were In tho best posslblo sbnpo
for uso In renewing their supply of coin
nnd In making tho exchange railed for by
their morcantllo customers.
While tho Mississippi und Ohio rivers
were tho only arteries of commorco through
tho great central west, nenrly nil tho pur
chases by merchants for local markets
wero mado In Cincinnati and St. Louis, and
tho notes of tho western hanks named wcro
used by tho bankers to keep up their ac
counts nnd furnish exchnngu to customers.
The above recited branches of business,
short lines of legitimate discount nnd nn
occasional speculative flyer constituted tho
current transactions of tho banking houses
abovo named.
Hanking; tu llni'k (.'oolitic.
Whllo theso houses wcro plodding nlong
In a qulot, conservative wny a marvolous
change was going on In tho "back coun
ties." Tho numerous Innd agencies, of
which nearly every county scat had ono or
more, wcro passing through a transition
state from mere agents for tho salo of land
warrants and entry of lands InU full
fledged banking houses, with very crudo
Ideas of what constituted banking; but with
a realising knowledgo Unit their occupa
tion of entering lands wns gone, they
started In with a calm assurance of suc
cess, and ndopted practices that sot
ni uonanco every known
usago of banking. Tho
exchange, caro of deposits,
and collections, all afforded
business In themselves to furnish oven a
modest living, and their tlmo was plecod out
by acting as a real cstato ngent, a con
veyancer, practicing law, serving ns Justice
of tho peace, a uotary public, keeping a
general store, or other branch of trado or
profession, according to tho tnsto of tho
Individual banker, or tho needs of trade.
Tradition hns It that In ono caso the strlpod
polo of tho barber was placed alongside tho
sign of tho banker, both professions being
represented by ono individual, who could
thus give his customers literally "a double
shav." So tho profession of banker
in those early days covered almost every
law or
salo of
discounts
too llttlo
otter calling or occupation by which a
stnnty living could bo eked out.
Hut whllo this largo class of newly fledged
bankers wero putting themselves In shape
for future operations, events were occurring
In other states that tended to make their
path In business anything but rosy, nnd
which for tho tlmo being completely revo
lutlonlzed all past experience with the clr
culatlng medium of thn country. Tho states
of Indiana, Illinois and Wisconsin Inau
gurated tho system of free banking, grant
ing to private corporations the privilege of
Issuing bank notes to clrculnte aB money,
based. only on tho security of u deposit of
stnto bonds with n state official. It was
literally "free banking," everything relating
to tho organization of n bank of Issuo being
of tho simplest character. Tho corporation
cculd bo formed by two or more Individuals,
by signing a few printed blanks, Involving
little or no expense no Inquiry Into tho
standing or character of thu men behind
tho enterprise (a convict wns ns good a
subject to Incorporate ns tho honest and
tried citizen). The location could ns well
bo an obscure cross-roads village of 100
Inhabitants, as a city of large commercial
Importance In fact, the more obscuro tho
town, and the more Inaccessible anil remote
from ordinary routes of travel, the greater
thn difficulty of returning notes to It for
redemption, nnd therefore, In point of fact.
tno moro desirable location In the Judgment
of tho promoters of tho enterprise. All
ordinary barriers tlmt prudent legislators
build around great privileges of that char
actcr, to protect tho public from loss and
Imposition, wcro In this caso omitted; nnd
nny Individual, man or woman, who could
muster up money or credit enough to got
hold of 125,000 of Arkansas, Mississippi or
other depreciated statu bonds, could start
up a shin-plaster mill and deluge the public
with tho miserable stuff, oven residence nt
the location of the so-called bank not being
required of Its proprietor.
CI it'll lilt I ni; Sli I II il nn torn.
Tho flrat move of the projectors of thc3c
wildcat Institutions, nfter getting their
bank notes ready, was to find a locality In
which to circulate them remote from tho
point of Issuo, so that their return for re
demption should bo ns tedious and difficult
ns possible. Iown wns an excellent field
for theso fellows to operate In. It had but
meager facilities for handling bnuk notes
through express companies; banking ma
chinery for tho return of this worthless
stuff wns not ns well organized ns In older
communities, and besides, nil money was
scarce and In great demand, and n number
of bankers yielded to the temptation held
out to them by these freo bank operators,
nnd took their currency for circulation In
their respective neighborhoods. Some o
tho inducements held out to bankers to
hnndlo this stuff were, either tho uso of It
throo or six months without Interest, or as
a loan In larger sums and for n longer
tlmo nt a nominal into of Interest, tho
consideration on tho part of tho borrower
being the guaranty to give It n good clr-'
dilation that Is, to scatter It out so that
It would not return to point of issuo for
redemption In n long time, or If nny of it
did by chunco go In, to pay cost of Its re
demption. A few of tho banks organized
under this system wcro legltlinnto con
cerns, und the notes Issued by thorn well
seeurcd iuuI of par value, but tho greater
number were essentially wildcat In chnr
ncter, located nt Inaccessible points, nnd In
fact tho valuo of the circulation depended
entirely on tho worth of tho state bonds
deposited ns security, which wero mostly
thoso of southern stntcs, some of very
questionable valuo becauso of repudiation
In tho past, and nil subject to fluctuation
In prlco In tho enstern markets, ns about
tho only demand for them was as n basis on
which to found theso paper mills.
This kind of bank notes formed tho bull;
of the circulating medium In Iowa for sev
eial, years,, and ono of tho difficult problems
tr bo solved by tho fresh, Inexperienced
bankets of those days, who had to rccelvo
this kind of money from their customers,
wns how -to keep It circulating so that It
wculd not dlo or fall on their hands. To
add still further to tho complication, some
of our own bankers, acting pcrhnps on the
theory of self-defense, npplled to nn easy
going legislature of tho then territory of
Nebraska for bank charters, with privi
lege of Issuing circulating notes, and thoso
Ifsucs wero based on personal credit alono
not even going through tho form of se
curity deposited with stato officials nnd
woro shoved out freely to a good-nnturtd
public, who In turn shoved It over to their
ficsh bankers for snfo keeping, nnd return
In something better, it was a queer inosi)
of stuff that floated around ns money In that
early day, and the banker who handled 't
had to keep himself posted, not only as to
Its quotnblc mark In tho Ilnnk-Noto Re
porter, but It wns also necessary to know
what particular stato bonds were deposited
for Its redemption, nnd their market value,
which was an uncertain and fluctuating
figure. There was but ono good featuro
about tho stuff as I 'recall It. Tho counter
felter'of bank notes was nctlve and skillful
In thoso days, but ho was too shrewd to
waste tlmo In trying to counterfeit It Its
probable existence was too ephemeral, and
thcro wob Just a suspicion that tho coun
terfeit might bo more valuablo than tho
genuine.
i railed Viilurs.
To illustrate how tho bank note deposits
wcro assorted' and treated by tho bankers
nt that Interesting period, I copy literally
tho labels on tho several compartments In
nn old currency tray, In which tho notes
woro assorted ns they cntno In, nnd from
which tho checks wcro paid. Thoso labels
wcro: Eastorn I'cnn, N. Y. nnd Now Eng
land, In ono compartment; Ohio, Indiana
nnd Missouri, In nnother; then Vn.,iMd. nnd
Ky.; In nnother 111. and Wis., nnd lastly,
Western Mixed.
Tho first named notes were cholco par
funds, rating noxt to gold, nnd they were
shipped to Now York for exchange purposes.
Tho noxt two (0 lml.. Mo., Va., Md. and
Ky.) wero "bankable funds," so-called, and
graded as among tho safest of bank notes.
"Illinois and Wisconsin" took In tho few
legltlmato freo banks In thoso states, lo
cated principally In Chicago and Milwau
kee, but tho last label was moro compre
hensive than nil tho others put together.
It Included "rng-tag and bob-tnll," every
thing not comprehended under tho other
labels, but resombllng a bank note. "West
ern "Mixed" was the dignified nnd formal
nnmo for It. Its pet names woro "stump
tall," "reil-horso," "wildcat," "brlndlo
pup," and many others of Hlio endearing
chnrncter. Tho vigilant bnnker watched
that pilo of currency closer than tho others,
Its lncrcaso In quantity caused much anx
ious concern and Its decrease correspond
ing elation. As tho closo of tho business
dny upproached, If tho supply was large, ho
prayed Inwardly for checks to como In for
payment; and it ho could close up with
that port of his tray empty, his sleep that
night would bo calm and peaceful, That
kind of money reversed tho usual order of
things in the mind of a banker a largo
balance, Instead of being a source of satis
faction, was u very disagreeable mcnaco.
Frlt'iiilty Itt'liilliiiiM,
Tho relations existing between the banker
nnd his customers wero of a more personal
and friendly character then than now
communities were smaller and Individuals
wero brought closely together socially, ns
woll as In business masters, and thero was
n feeling of mutual Interest between them, j
nnd of satisfaction In evidences of business
prosperity, und, na woll. pleasant family re
lations. Tho banker nntlclpated the proba
ble needs of his customers, and wns pre
pared to extend nil required accommoda
tions In the limits of safety. And on tha
other 'hand the same thoughtful con
sideration governed the actions of
tho customer. if his business re
quired tho accumulation of a large bal-
nnce win. his bnnker tj men some rsyment
or other emergemy nt n parti u nr date, he
would mako it convenient to give timely
notice when the money would be called for,
and whether In exchange, coin or currency.
It occurred many limes In the ojcnf rl'noe
of bankers in those days that tho balance
of nny one of several depositors, subject to
sight check, exceeded tho total cash of all
kinds In tho littnk; bu: the banker lost no
sleep over that contingency, knowing very
well that he would get ndvanre notice of
nny untaut.1 call lor monty, aud I n.c plenty
of time to meet It. All that could tru.h
fully be said of tho getieial uverjge bank
depositor, but there w'ere exceptions In this
as well as In all other general rules. Ttc
depositor who wnntcd to overdraw n few
hundreds who wished to bo supplied with
exchange In sums to suit him wl hout pre
miumwho wanted collections ngalnst him
held over for a few days -was iiround to
raako tho banker's life Weary with thoso
and many other little tcque3ts of like char
acter, with whli h the public Is famll ar.
Dm n I. Fiii'IiIhIiIiiuo.
It was In the furnishings nnd fit. lugs of
tho banking ofTlccs that the contrast be
tween then and now wni more ninrked than
In nny other respect. Tho office was gener
ally in n cheap nnd ordinary one-story
tramo structure of slight construction. In
tide a modest plno or black walnut counter
fenced tho bnnk proper from the outside
public. A cheap standing deik and a table
of like quality, with u big ccol stove anit
ono or two chairs, comprised tho furniture
behind tho counter. There veru no clnb
ornto plato glass owlre nercens or other
elegancies of tho Modern tanking house,
nor private roams in which to withdraw an. I
hold business conferences those hail to be
attended to by retiring to ih comer of the
office most teinoio fiom thn coun cr. 'Ihcrj
was n necessity for dispensing with side
rooms, screens and other urrnngemcnts for
privacy; every official connected wl.h tha
office had varied duties to prifcrni which
required ensy nnd convenient ac-eas to nil
pans of tho room. In some cases tho pro
prietor of n bank In a growing town was
not enly Its pmldent nnd cashier, but uUo
teller, bookkeeper and Janitor, with nn oc
casional spell of carrying In the coat.
Hanking hours wcro nominally kept, and
they Included moro tlmo than Is tho pres
ent practice, but wore not closely ob
served. It wns not an uncommon thing for
a banker to "closo up" and go to his mid
day' meal, and cciaslonally ho closed up to
go out nml "Inke n dilnk" with n customer;
but U can bo truthfully cald to tho crcJIt
of tho profession that thcro was very llttlo
dissipation among them as u class. In dc
scilbtng tho Insldo furnishings of the ofllco
ono very Important article was omitted.
That was tho safe tho gorgeous. y
palntol nnd decorated sheet-Iron data
in which the treasures of tho bank wero
nightly stored, All the modern appliances
of time-locks, chilled Iron und stcol plates,
and Ingenious combinations wcro lacking
then; but tho trenbure und trusts wore
given In charge of that wonderful box,
which would offer no moro resistance to tho
modern burglar than If constructed of pine,
Tho simple but unbounded confidence with
which tho banker in thoso primitive times
nightly plnced nil his trensuro in that safe,
located In n cheap, plno shanty, nnd re
tired to his "peaceful couch," was thu very
sublimity of faith. It needed only n visit
to a neighboring blacksmith shop for a
cold chisel, or to n carpenter shop for even
a hatchet, as tho only tools necessary for
tho enterprising burglar to force tho outer
door or window, then cut through tho thin
sheet-Iron outer casing of tho formidable
safe, then the plaster filling nnd slight
wooden Interior work, nnd all the coveted
treasures were within his reach; but for
tunately the bank burglnr of thoso days
did not follow iho advlco of Mr. Oreoley
to "go west," perhaps becauso ho had a
suspicion that it would prove too "poor
picking." '
Tlmo of I'll ii lo.
This article has nlrendy reached such
great length that I can only briefly recall
somo events connected with tho wide
sweeping and disastrous "panic of 1857,"
with its long trnln of failures and dis
asters. Tho Ohio Llfo nnd Trust company,
whoso principal ofllco was In Cincinnati,
established a branch ofllco in Now York
City. This soon becamo tho main ofllco, na
far nB business wns concerned, and wns tho
representative nnd depository of nearly all
tho leading banks In Ohio, Indiana nnd
other western states. August 24 of that
year tho Now York branch, without pro
monition of weakness or dnngcr, closed Its
doors. An described In tho papers of tho
day, the falluro acted like a clap of thunder
In a clear sky. Contrury to tho predictions
of well-informed men that Its failure would
not nffect others, or oven affect tho parent
bank at Cincinnati, prominent houses und
chartered banks all over tho central and
western stntcs closed tholr doors, and after
developments Bhowcd them to bo rotten and
bankrupt. Tho parent trust company ut
Cincinnati was then regarded ns ono of tho
most substantial banking Institutions In thn
west. In July, 1857, It paid a semi-annual
dividend of Hi per cent; its stock tho day
beforo tho failure wns quoted nt 99i; in
September it sold nt 15, and soon dropped
out of sight. Several Iowa bankers of con
siderable prominence wcro forced to closo
their doors nnd withdraw, from business,
but the most serious results to this state
nnd its banking interests grew out of tho
decided depreciation of stato stocks which
formed the basis of freo banks of issue.
Then nml .niv.
Tho methods of banking nnd facilities for
conducting business, ns tficy existed n llttlo
less than a half century ngo, were far differ
ent from the present order of things; then
the currency couslstcd of notes issued by
banks, chartered by stato legislatures or
under a state system of bunking (and ench
individual stnto had Its own peculiar sys
tem), and a llttlo national coin. The sys
tems and kluds of currency numbered per
haps twenty-flvo In all, contrasting with
our proseut system of ono or at most two
forms of circulating notes, both based upon
nnd solid as credit of tho national govern
ment itself. Then, for menus of communi
cation between business centers, we had
tho old-fashioned stago coach, with a few
short and Incomplete lines of railroad; now
lightning trains on our wcll-cqulpped roads
nnd perfect express, telegraph and tele
phono service. Then tho methods for ex
chango, keeping books, safekeeping of
money nnd vnluobles wcri all cumbersome,
primitive and expensive; now everything
that modern cklll nnd ingenuity can throw
nroutid tho conduct of tho business Is
brought Into use. Thon the banker and his
customer wcro known to each other but a
few months or years no long acquaintance
to build np personal or firm credit and
fiiondshlp, upon which real security rests;
now tho banker is brought Into contaqt
with men nnd firms whoso long business
history for probity and fair dealing hnvo
laid a foundation for credit as substantial
nnd snfo as tho highest order of collateral,
Hankers of tho present day, whoso busi
ness experienco Is limited to tho last score
of years, can hardly Imaglno or renllzo tho
difficulties encountered, the risks assumed
nnd unknown In this later period which con
fronted tho banker of nearly half a con
tury ago and wcro part of his dully ex
perience. Looking nt tho past with modern
eyes, It Is ouly wonderful that any of tho
first gonoratlon of bankers sailed safely
through tho breakers and wrecks of worth
less currency, dishonest borrowers and in-
securo methods for tho snfo keeping of thu
trensures placed In their charge.
hllo great differences existed between
the manner of conducting the business In
nil Its varied branches then and now, that
difference docs not extend to the personal
character of the banker. The successful
banker, now and then, represents In his
profession tho highest order of citizenship
honesty, probity, truthfulness, correct
habits, public spirit and that dignity nnd
simplicity of character that Insures per
fect confidence and respect.
SUPREME COURT SYLLABI
No. fi.3$9-Elkhorn Valley Hank ngalnst
Mary Mnrley. Error fiom Ilo't. Affirmed.
Opinion by Norval, C. J. Filed April 10,
1901.
1. Assignments of, error not argued In the
brief nru deemed 'wiilviil.
2. An assignment that the damages nre
excessive cannot be considered In the ab
sence of a bill of exceptions.
3. liisf-ui'tluns will not be reviewed
where they wcro not excepted to In tho
trlnl court
No. lO.OW-Sccoril ngnlnst Powers. Ap
peal from Clay. AHlrmcd. Opinion by hul
ilvun. J. Filed April 10, 1901.
1. Under section &Ii of the Code of Civil
Procedure, u Judgment clearly hIiowii to
havi been obtained by-fraud or false tes
timony, anil whloli It would lie ngalnst
conscience to enforce, will, on the uppllcu
"toii of the unsuccessful party n.id a show
Ir.ir of duo diligence, bo vacated and set
usldr.
2. The Intentional production, by n liti
gant, of false testimony to ratuhllHh a
causa of notion or defense will, in u proper
case, lusllfy the uiitiJlmcnt of n decree
ur Judgment which Is tho product of such
testimony.
3. A party ihould, In preparing hi ease
for trtlal, proceed on tho nnsumptlon Hint
his adversary will produce ovldenco to
make' good the averments of his pleading
l. In nn notion to vacate u Judgment on
tho ground that It wns obtained liy fraud,
tho plaint i ft" must allege and prove tlmt
lie exercised due diligence nt the former
trial, und that his failure to securo u Just
ilecitdon wiw not nttrlbutiib'.o to Ills own
fault or negligence.
No, 9,39.'. chlcHgo. Hurllngton & Quinsy
linllwvy C'ompuny ng.ilnst Williams. Fr
ror from Sowiird. Affirmed, opinion by
Sullivan. .1. Filed April 10, 1901.
1. A mllroul company nets In the ra
pacity of n common carrier of ilvo stock
which II receives for transportation; und
as such carrier l; Is bound to provhli- enrs
fit and miltiible under existing conditions
nnd exerclio due caro to carry wifely.
2. Where the shipper of Ilvo stock docs
not iigrec to furnltth u curcuker nnd i.nmo
of Iho iinlmnlH din or nm luluri-d for want
of proper can' nnd protection whlj-j In tran
sit, tho currier Is liable and must benr tho
ll'MH.
3. Where a shipper of live utook ngrces
to fuiiilsh a caretnkor und fulls, to do so,
the currier, If It has knowledge of Mich
failure nnd proceeds under thu shipping
contract, in liable for any lorn resulting
from ItH failure to provide thu stock with
proper euro nnd protection.
4. Where tho defendant denies the com
mlsilou of a wrongful net with whlrh ho
Is charged nnd pleads nothing by way of
Justification, evidence of Justification re
Hpnndrf to no Iskuo nnd In Immaterial.
5. Kvtdoncc exninlned and found to sup
port the verdict.
N.i. 9,450 Keeler ngalnst Munwarren. Ap
peal from Hitchcock. AlMtmril. Opinion
by Holcomb. J. Filed April 10. 1911.
1. In the absence of a bill of exceptions
containing the evidence, nn order made lv
tho district court confirming a sale o'f
real esfato Ih prenimqd to he correct, und
supported by sulllclent ovldenco.
2. A written stipulation of facts or mode
of proof filed In a c.iu.io forms no part of
tho teeord. unions mado nn bv a bill of
exceptions. Insurance Company ngnlnst
UueKstnff tiros. Mfg. Co., 47 Neb., 1.
No. 11.705 Carter ngulimt Dlmo S.ivlngs
"link Krror from 'Douglas. Alllrmed.
Ojdnlon by Norval, C- J. Filed April 10,
1. Tho rule thnt thn g'rantlng of nn in
junction Is equivalent to tho uppolnttnent
of a receiver, nnd barH n subsequent suit
brought In another court wherein the np
nnlntment of n receiver Is sought, does not
nnply when thu parties aro not tho same
In both cases,
2. Where one, In obedience to nn order of
n court of competent Jurisdiction, has
turned over to n receiver appointed by It
assets In his hands bolonulnir to nn In.
solvent, ho ennnot bo compelled In n rult
in nnotner court, between ilirierent parties,
in iiucoum. ujereiur.
No. fi.O'j.l Scott uimlnst Flowers. JCrror
from L'inc.ntcr. Former ludcmrfr sot
aside, lteverseil. Opinion bv tiullivan. J.
Filed April 10, 1901. Norval, C. J., dissent
ing. ,
1. Where thorn Is a, .conflict botwecn nn
net of tho legislature "nnd tho constitu
tion of tho stutn. tho'Csiatuto'tniiHt vlnld
to the extent ot then repugnancy, but no
further. .
2. If nfter striking Hut tho unconstltti-
nonni part or n stntiini. tue -reskiuo Is In
toillglble. comnlnte . nml, capabla of exo
cutlon, it will bo upheld and enforced, ex
cept In enses where" If' la apparent thnt
tno reiecteil part wnsim Inducement to
tho ndoptlon of tho rejnnlniler.
3. Tho legislature la, without power to
authorize the cbmmUmeht to 'the Stnte In
dustrial school of children over tho ago of
1G yours who have not been convicted of
crimo nnu tno courts aro without Juris
diction In such cases.
4. Section 5. article 1. cjinptcr 75. Compiled
Statutes. 1S99. Is vnlld and onforelhln to
tho extont tlmt It authorizes commitment
to tho State Industrial school of children
under thu ngo of G,ycnrs who, for want of
proper purcut.il care, aro growing up in
inondlrnnnv or nrlmn.
5. Tho county court Is Always and under
un circumsinnccs n court or record, rno
county Judgo, in whatever nfllclnl capacity
ho may net, Is a Judgo of n court of rec
ord; ho is not n Justice of tho peaco even
when exercising tho ordinary powers nnd
Jurisdiction of a Justice.
(!. Tho county court Una final Jurisdiction
of complaints filed tinder section 5 of tho
reiorm sciiool law (Art, i, un. li, comji
St. 'if.991.
7 Tho only Jurlsdlotlnn conferred upon
the county court, or tho county Judge, by
section (!, et sen. of tho rt-form school law
(Art. 1, Ch, 75, Como. St. 1S99), Is n re
visory and not nn orlglnnl Jurisdiction.
8. Tho seventh point ot tho syllabus to
neon against i--iowers. bi jmud., , hi j
W. linn . 81. nverrnlflrl.
9. Tho opinion In Scott ngalnst Flowers,
CI, Neb., . HI N. Y Hep., 81, modified
and the Judgment reversed.
No. 9,431 I.eslou against Custer County.
Krror from Custer. Affirmed. Opinion by
ouiiivun, j. j'lien April ju, vmi.
1. In an nr.tlon to recover damage's re.
sultlnir from tlin location of n. milille road
tho burden Is on thn plaintiff to show thut
his land has been regularly condemned, or
at least that It has been physically appro
priated to tho uso of tho public by tho
county autnorities.
2. Tho filing of a petition In nccordnnco
with section 4 of the road lnw (Ch. 78,
Comp. St. 1899). and tho giving of notice
In O ( ,T1 n 1 1 ,i ,. ... .. . I , I. DartHnn 1G nf onlrl In...
are conditions precedent to tho making ot
nn order by tho county, bonrd establishing
a nuouc roan.
3 A deed, unaided bv other proof. Is not
arninariiy oviuenco ot mio to land ao
scribed therein.
. No. 9.132 Sccord ngnlnst Powers. Krror
ironi uiny. Affirmed,
No. 11,415 Doherty ngalnst I.lnn. Krror
irom Douglns. Alllrmed, Opinion by Hol
comb J." Filed April 10, 1901.
1. h nnd H began nn action Jointly In ro-
lllcvlll iiL'tilm.! IT ..In Imliiir In' Kni'iiml tUla
and obtained possession of, tho property In
controversy. Trlnl nml. Judgment, resulted
... i,ui ui uowi rHiuniiiia. wo error in
this court tho Judgment ns to II was .af
firmed, nnd roversed ns to It because of
.he Insutfielency of tho ovldenco to sup
port n iudgincnt In hlw'fnvor. On 'a sub
sequent trial ns between I. nnd tho de
n'liilant In replevin, held, that such do
fondant'" possessory right ns ngalnst L.
tho unsuccessful plaintiff, was nominal
only, ,md that tho recovery of damages ns
uKumsi i. wns iimiteu to u nominni sum
2. Affidavit in replevin held sufficient.
is&ri'jfsufsuiyji
TOLD BY PAIN
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orj
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COPVIMGHTUD. FKimUAHY 11, 1900.
A
FEW I' ACTS.
Alinul llu ,mv Cntnriii Curr.
Tho new Catarrh Care Is a new clcparttiro
In so-called catarrh cures becauso It actual
ly cures nnd la not simply n temporary
relief. ,
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nt tho best; tho now preparation being In
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venient. Tho now Cuturrh Cure, Is superior to
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cocaine.
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1,500 in Prizes
for the Nearest Correct Guesses.
First Prize a $500.00 Piano.
TRY YOUR SKILL AT COUNTING.
in: hi: a km rut: dots.
V2 " 22. ! V .2l.
iwmmmmmim
! .'
THE PRIZES:
To thoso guessing tho correct. or nearest correct number ot
1st Prize A $500.00 Emerson l'iano vuluo $500.00
2nd prlzo 1 "Densmoro" Typewriter, valuo 100.00
3rd prize 1 lot In Council muffs, valuo 100.00
4th prlzo 1 Wheeler & Wilson Sewing Machine, valuo.. 00.00
6th prlzo 1 Business College Scholarship, valuo C0.00
6th prlzo 1 Tallor-mado Suit, valuo , 45.00
7th prlzo 1 Ladles' Tallor-mado Suit, valuo 40.00
8th prize 3 ladles' Custom-mndo Shirt Wnlsts, valuo $10.00
nth prlzo 1 Standard Dictionary, valuo 12.00
Total $1.00 nnd a rig.
dots Tho Deo will glvo tho following prlzcs:4
10th prize 1 Standard Dictionary, valuo 12.06
11th prize 1 Ton Coal, value 5.50
12th prize 1 box "Kirk's" White Itusslnn Soap, valuo.... 3.U0
13th prlzo ONE I'lO, valuo 7
14th prlzo 1 Sack Oolden Sheaf Flour 1.25
IDth to 24th 10 bottles Cramer's Kidney Curo, valuo.... 10.00
25th to '35th 10 pair Orpheura Scnts, value . 10.00
3Cth to COth 14 volumes recent Action, valuo 18.75
Also Art Pictures and Docks, vnluo 610.75
We guarantee that everyone guessing the
correct number will get a prize.
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Iny n 1 weeks' mibserliitlon nnd net
4 eiicHe.
A a month.' iiliscrlntlon nml set 13 A yenr't nulincrlittlnn nnd get 51
It UCNNCN.
The more piiee you turn In, the belter your climioo nf m limine.
USE THIS BLANK IN ALL CASES.
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Date received
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Answers?" Puzzle Department, The Omaha Bee, Omaha, Neb.
i