THE OMAHA DAILY BEE: THURSDAY, MAY 30, 1901.
0
IN THE FIELD OF ELECTRICITY
Epionlttion Concerning Wizird Ediitu'i
Improved Storug" Eatterj.
MYSTERY CONCERNING ITS CONSTRUCTION
Aillnti-e fur l,rseiiliiK tho Hnimn
of tlii Sen rinllliK I'liMlirt-K llj'
Win UrcorilliiK Mm ml Over
I.IIUU DlstlllllM-,
The earlier reports of tho success
achieved by Thomas A. Kdlson In prmluclitK
a storage battery far huporlor to any now
In uao are not yet verlfteil. Tho secrecy
surrounding tho Invention lini a tendency
to discredit tho reports In tho minds of In
terested electricians. IteRardltir; tho prob
lem at thn protonl tlmo tho Nev York
Tribune says: "Something of n icnsatlon
was produced, therefore, -whon statements
which wero Imputed to Mr. lldlcon appenroil
In print. declaring thn. his buttery would
not contain lead, would tinvi) double tho
capacity nnd output of tho well known chlo
ride, accumulator for Iho same weight and
would deteriorate only nbout ono-tenth as
rapidly mi other batteries.
"Th- most specific Information obtainable
on this subject was supplied early last
month by tha Hloclricnl World iiud 12til
ner, which printed an abstract of an Kns
Hh patent that had recently been nratUo.1
to Mr. tMliou. Tho description was some
what obscure. Hut It was elenr that the
West Orange Inventor had dispensed with
lead nnd adopted copper and radmlum.
Only a small quantity of fluid una said to
bo ticrcas.try, and tho rcnownl of this was
declared to bo unnecessary, Inasmuch as
Its character uud composition remained unchanged.
"Thost who arc familiar' with tho history
of storaKo batteries recall many other at
tempts to lmprnvo on the lead plate system.
A promising venturo of this kind was
known aa tho Wnridcll-Kntjs battery, which
mudo not' of copper and zinc and had an
rtlkallnn fluid, or electrolyte, Instead of
an ncld. Tho copper In that battery was
finely divided. Mr. Kdlson proposes, ac
cording to hlh patent, to rcduco tho size of
thn copper pnrtlclcH still further. Tho
Electrical World and Engineer remarks that
thn rescmblanco between tho Kdlson bat
tery and 'an accumulator described In n
Swedish patent to Schmidt nnd Junger' Is
oven closer than thu likeness to tho Wad
dcll-Entz battery.
"Another sort of comment that has been
evoked relates to the closo parnllol between
tho ground which Mr. Kdlson Is now going
over nnd that covered by Mr. Kntz years ago
It Is assorted that the latter conductod an
elaborate sciirri of experiments, trying a
good many mrtnls besides those which ho
finally adopted. It Is said that cadulum wa
one of theso. Now, Mr. Entz was finally
convinced that certain difficulties that he
encountered wero Insupcrnblo a highly In
structtvo conviction In view of his conccdod
ability. Incidentally, It may bo remarked
that Kdlson'a sangulno utterances havo
elicited tho statement that thcro nre bat
teries already in tho market having as great
a capacity as ho promises for tho copper-
cadmium system.
"While all this talk la Going on in public
and private Mr. Edison remains silent. To
representatives of tho technical and unseu
sattonal lay proas ho positively declines to
talk. It was announced that he would
show his battery at tho recent exhibition
of tho American Institute of Electrical En
glnecrs In this city. But when tho tlmo
came It was not .visible. It la asserted that
an authorized statomenl will bo made In
hl,.beha,lf during the ,sum.mor by, Dr. A. n
Kennolly of Philadelphia. Tho Intimation
has. been made, too, that Mr. Edison Is ntill
planning Improvements on the battery. His
present attitude Is therefore construed as
r tacit admlision by him that his earlier
talk was prcmattire, to say tho least. Men
who have followed the subject closely sua
peci tnat no is getting his eyes open to
difficulties that Mr. Entz faced many years
ago. Even tho most charitable of his
friends evinco doubt about tho final out
come, while uncharitable people profcBS tho
boldest sort of scepticism. It Is certainly
true, howovor, that some men, with faclli
ties for observing Mr. Edison's experiments
lid progress, believe that ho has ruado a
groat discovery, nnd that ho will soon bo
able to produco It In a commercial shape.'
I.psarulntc IIhhwitm nt Sen.
Of tho appliances dovlsed for tho pur
poses oi lessening tho dangers which
threaten thoso who "go down to tho sea In
ships" none Is more important. In Its pur
pose, at least, than tho topophono, an In
strument dovlsod by Lieutenant Colonel I),
P. Heap, engineer of tho Third Light House
district at Tonipklnavillo, L. I. Tho object
of tho instrument, says tho Scientific
American, is to make It posalblo for tho
sailor to cope with his now moat serious
enemy, tho fog.
Several nttcmpts have been made within
tho last few years to contrive appliances
which could bo used for the purpose of lo
eating a vessel In a fog and determining
the direction from which sounds come
when their sourco Is Invisible, among thoso
being wireless tolcgrnph instruments, tho
apparatus made by tho lata I'rof, Eltsha
Gray for ringing bolls under tho water, and
the Hamilton-Foster fog signal, which
gives a different blast for every direction
tho fog horn Is pointed; but all of these ( she had hnd nothing to eat but a loaf of
nre to erpetislvc that their general adop
tion Is not practical. Colonel Heaps topo
phone Is .tn appliance which Is Inexpensive,
and which, It la believed, will prove eff-c-tlve.
Tho Scientific American, describing
It, says:
"It consists of tv'.o ncouatlc receivers or
trumpets, pointing In opposite directions
niid supported ou a erl!cal shaft. Prom
tho lower ends of the trumpets extend
rubber tubes, connected with the ears by
specially constructed ear pieces. The ob
server holds tho shaft so that the Instru
ment Is above his head; If a sound Is heard
In cither ear the right ear, for example
It shows at once that the sound must be
somewhere ou his right-hand side. If he
then turns to tho right until tho sound Is
heard lu his left ear, It shows that he has
passed the direction of the sound. If the
found U heard alternately In each ear, the
sound will be In a direction Inside thn angle
of oscillation; this angle generally Is about
one point of the compass. The whole
operation take hut a few seconds.
"As soon as the direction of the sound Is
ascertained the observer can keep tho topo
phono pointed In Its direction, and, knowing
the speed of the vessel, and Its courso, the
location of the sound can be quickly plotted
accurately enough for all practical purposes."
Tektliisr I lie Telriilioiumrniili.
An Important test of the telephonograph,
a recent Invention for the recording of sound
over long dlttances, was made betweon
Chicago and New York tho other day. The
Instrument ha3 been operated succcstfully
between Now York nnd fJoston, but novor
has been tried before at such a long dis
tance.
A mcssago was sent at 5 o'clock from
Chicago. A technical description of tho
invention was read over an ordinary tele
phono wire Into a regular transmitter. This
was rcglitored In the Instrument which was
placed In an otllco In New ork. Tho de
scription consisted of nbout GOO words. The
sound of Mr. llrown's voice was recorded
ou a cylinder In the New York office much
tho same as If ho had talked Into u phono
graph. Ordinary telephono messages by
this means aro kept recorded accurately.
Tho telephonograph med was Invented
by n Danish olectrlcal engineer, Waldomar
l'oulscn of Copenhagen, Denmark. It also
has been called n tclegraphane, a micro
phonograph and a magnetophonograph.
Tho Instrument was exhibited at tho Paris
exposition ami attracted much attcntiou
among tho electrical engineer! who wit
nessed tho tests made there. Tho appar
atus consists of a brass drum, which Is re
volved by an electric motor, and upon
which Is wound 2?i turns of steel piano
wire. Abovo tho wire Is a small magnet
which la attached to a brass support
mounted on n shaft so that as the drum or
cylinder carrying wlro revolves the mag
net is caused to movo from right to loft
across the drum, each turn In the steel wire
passing consecutively before the poles of
tho magnet. On reaching tho end of the
cylinder an arm mounted on tho left side
of tho frnmo strikes tho tiny levor, raises
tho magnet, and causes It to run back rap
Idly to tho beginning. When tho transmit
tcr Is spoken Into it acts as a tap on the
battery and causes curronts of varying
strength to pass through tho steel wound
on tho electro-magnet. As tho steel wiro
passes tn front of the poles of the magnet
"tho lines of force" are permanently re
corded. After the steel spiral has been
filled a recolvlng telophono is attached and
tho mcssago is repeated. I)y means of tho
invention messages from distant cities can
bo Bent to tho homo ofllco and written as
If by dictation by operators there.
President's IMetnre Sent liy Wire.
A picture or President McKlnloy was
printed by tho Now York Tribune the other
day which was transmitted from Washing
ton to that city. It was sent by telegraph
That Is to say, a specially prepared copy
was placed on a little machlno at ono end
of u telegraph wire at tho national capital
and a reproduction was quickly effected
by another machlno at the other end In
Now York, 239 miles away. The operation
consumed between five and ten minutes
Tho apparatus employed for this perform.
anco Is tho Joint Invention of H. R. Palmer
and Thomas Mills of Cleveland, O. It was
exhibited at tho conversazlono of tho Amer
lean Institute of Electrical Engineers ;
few evenings ago. A number of nttcmpts
have been mado within the last ten years
to send pictures by telegraph. Ono lnstru
ment devised for the purposo was Cray's
telautograph. Later ones differed from that
In prtnclplo nnd also from each other. In
eomo respects tho product of tho Palmer.
Mills upparatus reminds ono of that ob.
talned by tho Amstutz system Ave or six
years ago. Dut the machlno Itself Is vastly
moro simple and compact than nil of It
predecessors, of whatever design. When
tho necessary adjustments have been made
to Insure satisfactory working, tho time ro
quired for actual transmission is surpris
ingly short. Some of the other systems ro-
qulro from forty to fifty minutes merely to
send a picture An Important advantage of
tho Palmer-Mills npparatus Is that It works
directly from a photograph nnd does r.o
call for redrawing, an operation that not
only wastes tlmo, but sacrifices accuracy.
Tho Inventors declare that It can be oner
atod over a circuit 1,000 miles In length
Some minor details, affecting" the efficiency
of tho Invention, aro yet to bo worked nut
but Its present state Is highly promising.
This device can be used as either a trans
mltter or receiver, tho change from one to
tho other being wrought almost lnstantane
ously. An achievement of this kind Is such
an advance upon the original servico cf the
telegraph that It makes one realize afresh
how nearly boundless are tho possibilities
of electricity's usefulness.
bread nnd coffee. She looked It. 1 gave
her a Spanish dollar nnd then followed tn
her wake. She entered the first cafe she
came to and bought a drink and a cigar. 1
couldn't help laughing to see her as she
walked along the street, pufllng uway at the
weed purchased with my mouey. Sim
seemed perfectly contented, The Cubans,
even the women, would rather smoke than
eat. They take only two meals a day
breakfast nbout 10 o'clock and dinner at 4
In the afternoon,"
A wealthy landowner near Smolentk,
Russia, died not long ago, and after tho
funeral his heirs looked vainly for the will,
but without success. A few days later n
young man, seeing a graphophone on the
table In tho library, nut Into It a record
which he stippofd was that of a popular
Russian song. To his amazement and ter
ror. Instead of a song he heard thu dead
man's voice recite the words of the missing
will Tho heirs wero notified of the dis
covery, lawyers were summoned, and the)'
lost no time lu examining the record con-
alnlng the will. It was fouud to be flaw
less, and tho question then arose whether
a will left on a graphophone cylinder would
bo deemed valid by the courts. This ques
tion Is now before the supreme court of St.
Petersburg.
THE
FARMER
WORKS
HARD
I-'or a living. He bas to. He must
"make hay while the sun shines," no
matter how he feels. The result is over
work. The stomach Usually gives the
first Mgu of strain. The organs of diges
tion ami nutrition nre deranged. Food
does not nourish. Indigestion appears.
In such n case Dr. Tierce's Golden Med
ical Discovery re-establishes the health
by a complete cure of the diseased organs
of digestion and nutrition. It cleanses
the stomach, purifies the blood and re
moves the causes of disease. It is a
temperance medicine, and contains no
whisky nor alcohol.
I wai troubled with Itnllgr Minn for about two
years," write Wtu. llowktr, Kq of Juliartte,
Latah Co.. Idaho. "I tried different doctors and
remedies hut to no avail, until I uroU lo Dr.
fttr and be told rae what to do. I suffered
with a pain in my otomach nud left tide and
thought it would kill me. I amebd to write ami
let vou know that I am all right. I can do my
worV now without pain and I don't have that
tired feeling that I used to have I'ivr bottles of
Dr. Pierce's Oolden Medical Discovery and two
Tialt of hit ' l'lrmant Pellets' cured roc "
Sick people cati consult Dr. Pierce by
letter free. All correspondence private.
Address Dr. R. V. Pierce, Iluffalo. N. Y.
QUAIXT FKATUIUIK OP LIFIS.
SUPREME COURT SYLLABI
peat from Douglas county. Reversed. Hol-
tnmn, J
1. '1 In- repeal tf sectlulis SI7 nnd M! of 111 '
Nil n,i!l MrfVirmlrlt Itiirves'nc Mmhlno ! t'ode of Civil Procedure (chap, xcv, Session
impa'S-.SLVn?.' NuchmXr V? ,u Ar
.iiirmru, wpiiuuii u
INDIAN CIIII.DHKN'S WAGES.
How Tliey l.enrn Industry Ht the !ov-
rnilticllt Schools.
How aro tho Indian pupils hired out, and
what Is done with their wagese?
Tho Indian pupils are sent out from tho
government school nt Phoenix to work In
good families as helpers, reports the Ari
zona Republican. The girls nnd sonic of
tho boys are employed as house servants
Tho largo boys aro employed In various ca
pacities on farms. The girls are employed
through tho chief matron, the boys through
tho disciplinarian nil undfr rules Issued
by the superintendent. Thcro aro constantly
from 100 to 200 girls enjoying outing beno
fits. Tho demand for boys Is not to great.
Tho wages tho pupils receive vary from S5
per month for small boys or girls lo $25 per
month for the large nnd more capable. Tho
"outing" system is controlled nbsofutely
by tho superintcdent, who can call every
pupil In at any tlmo desired. What a howl
would go tip from the residents of this val
ley If tho superintendent should excrclso
this authority.
Tho highest wages ever paid to any In
dian pupils aro paid by tho superintendent
He now has two boys working for him at
J30 n month. Resides this $30 In cash a
month, ho pays for their board nnd lodging.
Ho has at various times employed boys at
from DO cents n day up to $25 a month. Ho
pays his laborers always according to their
worth, and If a boy Is employed at DO cents
a day and earns $1 u day hn Is paid $1 n
day. The superintendent bas always em
ployed a housemaid, though ho might have
had all his housework done for nothing.
Ho has paid as high $15 a month for such
service, nnd boarded tho girl besides, al
though ho could with perfect propriety havo
sent tho girl to the school dining room.
Not every applicant can sccuro a pupil
from this school. It Is a keen pleasure to
accommodate tho worthy. Rut when a girl
Is sent out, compelled to do all the dirty
work of tho house, kept tolling from early
until late, never given a word of, encourage
ment, never permitted to enter tho living
rooms of tho home, compelled to always
eat her meals from a plate In the kitchen
alone, permitted to leave tho house un
attended nt night nud return when sho
pleases If she Is there to begin tho drudg
ery of tho next day, and then offered
payment In cast-off clothing the superin
tendent, when ho discovers the slavish
condition of the child, utters some, pretty
strong anathemas to tho Invisible spirits
of tho air and brings that girl hrfek to
tho school. There are not many such.
At the end of each month tho matron
nnd disciplinarian collect the pupils' wages.
They, In turn, glvo this money to a clerk
In tho office, who receipts for same. The
"money mother" deposits thn money lu
tho bank, entering tho same lntho child's
bank book. This bank book Is kept exactly
llko similar books of any other person. A
child Is compelled to save nt least one-half
of his earnings. When his savings havo
amounted to $5 interest is paid at tho rate
of 4 per rent. Whon a child takes final
leave of tho school his money Is paid In
full. Theso accounts aro kept In proper
ledgers In proper form, and' are Inspected
at tho samo tlmo and In tho same manner
as other school accounts. Ry the systom
of checks by pupils, matrons, disciplina
rian, cash clork. chief clerk and superin
tendent nil of whom aro Inspected by gov
ernment supervisors, special agents nnd In
spectors, mistakes nnd errors aro prac
tically Iraposslblo and detection Is certain.
Tho government does not authorize tho
admission of white children into Indian
schools, except tho children of school em
ployes. Every Indian school, however, has
enrolled somo children as fair as any child
born of white parents. These are the
children of mixed blood. Children posess
Ing a onc-thlrty-second part Indian blood
aro entitled to school privileges. Until
recently, since tho development of tho
Bchool Into an Institution of the first rank,
thero were fow light colored Indians In
tho Phoenix school; now, however, there
aro about 100 of tho 700 who aro of mixed
blood. Nearly every child of mlxod blood
now attending tho Phoenix school has been
transferred hither from Indian schools In
other states and territories.
Com):
Madison county.
Ames, i
1. I'pon an examination of the record It
Is held that the trial court fairly submitted
the questions of fa,ct In Issue to the Jury
nnd committed no error In refusing In
structions requested by the plaintiff In
error.
No. K53. School DlJtrlct No. SI, Custer
County, et nl, ngiilnst Stairs, ct al. Appeal
from Custer county. Reverted, opinion
by Hastings. C.
1. Site of school house can lie chnngcu
oniv nt the annual school meeting of the
district. Wllbcr ngattist Wooley, U Neb.,
l3'J.
The authority of the meeting cannot
be delegated, and It Is not a designation of
ii site for n school house to appoint a com
mittee to locate It "n near us prneucnnir
t. ...nini. nt ihi. iil-trin." nnd nn In
junction at the suit of a taxpayer affected
win lie to prevent u removal i-- me ma
jority of the school board to a place one
half a mile from such oenter selected by
such committee. . . . .. ,
No. 9o7. t'. 8. National Rank of Hoi
drege against Hanson Anpeat from Phelps
county Atnrmon. opinion u- i-ounu,
1. It Is no objection to a sheriff's sale
that the sheriff conducted a portion of the
proceeding!" In person nnd a portion b
deputy. ... .
2. Itsues of fact Involved In nn order of
confirmation wilt not be reviewed in the
absence of a properly authenticated bill of
exceptions.
3. Tho objection that, In nn appraisement,
Hens were Improperly deducted from tho
gross value of the lands should be raised
befora sale by motion to vacate the ap
praisement. . .
No. 0ISD. Ames ngnlnst Parrott l-.rrnr
from Douglas county. Reversed with di
rections Opinion by Pound. C.
I. Where u statute, 111 order to. secure
evidence of some net, requires It to be done
In the presence of or attested by a specified
number of perHons. It Is Implied ihat such
persons shall be dlf Interested, and no per
son having1 a direct Interest In such net is
ti competent witness thereto.
-'. Special statutory provisions respecting
tho manner In which nttuehma'its shall bo
levied must be strictly purtued, nud depart-
uro therefrom will render u levy invuim.
3. The requirement of section 20j of the
Code of Civil Procedure that n sheriff lpvy
lug an attachment go to the place vyhcro
property of the defendant may be found
nnd declare that by virtue of tho order
he nttnehes such property nt the suit pf the
plaintiff, In tho presence of two residents
of the county. Is not complied with by ti
levy nnd declaration In the presence of two
persons, one of whom Is tho plaintiff In
tho attachment. , .
4. lu cine no reply to materlnl allega
tions of ww matter In nn answer appears
lu tno record and other Isuics arc disclosed
upon which tho cause was properly triable.
It will not bo presumed that It was tried
upon the matters admitted by the plead
ings. To bring the case within the excep
tion that no udvimtnge may tic taken of
want of reply where the trial proceeded
upon the theory that a reply had been
tiled, there must bo something In the record
from which im Inference may be , drawn
that reply was waived or from which the
court may know whut Issues were In fact
'The time within which n motion for a
new trial Is renulred to be filed Is to be
reckoned from the date .of rendition or tno
decision of the trlnl court, and not from
tho date of entry tnereor. ......
. No motion for a new trial Is necessari
where tho ortor complained of is that the
plendlngs, taken together, do not support
the Judgment. ... , , .
Kn. nii7. Northwestern Mutual Life Ins.
Co. against Marshall, et al. Appeal from
l.ancnster county. Aiiirnn-u.
Pound, C. ., ... ,
1. The provision of section 491 of tno
Codo of Civil Procedure, that, .where real
property Is to be sold upon execution, tho
countv clerk, clerk of the district court,
county trensurer nnd treasurer of the village-
or city wherein the property lies shall
certify under their hands and otllclol seals
the amount nnd character of all liens ot
record in their several otuces prior 10 m.i
lien under which sale Is tp be hail, ilneB not
require those of tho oftlcers nomol wno
havo no seul to do moro than lu eertlfy
under their hands. .......
2. An objection that the certificates of
liens obtained by nn officer In appraising
property about t.i bo Mold at sheriff a sale
were not In proper form, and did not
Justify deduction of tho liens certified from
CONNUIIIAMTIKS.
A Chicago broker recently found a postal
card In bis morning mall reading as fol
lows: "Dear Sir: Please buy mo 5.000
shares of People's Oas at 95 cents and soil
thn samo at $1.15. After deducting your
commission you may remit the balnnco In
registered letter Your very respect
fully, Mrs. Rlank. P. 8. My future pat
ronage depends upon tho promptness with
which you act In executing the abovo
order."
Mrs, K. O. Rauf. who died In North Da
kota recently, was the mother of four sons,
who ranged In stature from six feet to six
feet six Inches and In weight from 200 to
nearly 600 pounds. Tho aggregate weight
of tho four boys was about 1,400 pounds.
Carl K. Rauf, who died -a few years ago,
attained a wolght of nearly 600 nounds.
while his brother Olo Is well content to hold
himself down to 350 pounds. I.ars Is nblo
to tip tno beam In tho neighborhood of 250,
and Chris is the featherweight of this ro-
marnaDio quartet, be nc sllehtlv Renter
tnau l.ari.
Some tlmo ago thero was a shipwreck
at St. Margaret's bay, England, and the
llfelino brought sailor after sailor to shore,
amid the cheers of tho rescuers. At last
ouly the captain remained on board. Tho
lino wan ready; the signal was given; but
tha answering Jerk .did not come. Again
and agalu, for a quarter of an hour, the
question passed along tha rope without
reply. At last, when hope was nearly dead,
tho signal camo, and the captain was hauled
dripping ashore. He picked himself up,
drow a small, wet, quivering dog from his
breast pocket, and sot it ' tenderly down.
Then he looked round aud said, In simple
apology: "I couldn't find the little brute
anywhere!"
"One day," writes an American In Havana,
"I camo across an old Cuban woman sitting
disconsolately on a rock near Morro Castle,
She told me In Spanish that for three days
The engagement of Louis Warren Hill,
son of James J. Hill, millionaire and rail
way magnate, and Miss Maudo Van Cort
landt Taylor. Is announced In New York.
Ethel Costello of Kalamazoo eloped
when she wns 15, was n widow in six
months and while still a young woman
has Inherited $2SO,000 from the uncle of her
dead hviHband.
Divorce does not Intend that marriage
shall bo liny further ahead of It than tho
law allows. The news of a marriage by
telephone In Georgia Is followed by thnt
of n divorce In Indiana by tho samo means,
Tho license clerk nt Powhatan. Vn Issued
a marrliigo license the other day to Sclplo
Swunn and Mnmy I.nughorn, colored. The
groom Is !9 years of ago nnd tho bride Is
63. The groom Is quite active nnd n pros
perous fnrmer, and from appearances bids
fair to llvo several years longer,
A Muncle, Ind,, woman who hod been
deserted by her husband decided that there
should bo n fitting celebration of the event.
She sent Invitations to nil her friends to
attend what she characterized her "last re
ceptlon." They were n little puzzled over
the matter, but gave themselves over to
enjoyment when the evening enmo and
asked no questions. After dancing had
been Indulged In until nbout midnight, the
hostess gathered her company together
nnd nnnounoed thnt the husband of her
bosom bait deserted her and her children.
nnd sdie proposed to leave tho next day for
her ratner s nome, nne nan. sne nam, de
termined mat ncr weuacu lire should go
out in u oiazo oi giory, ami sue Hoped all
her guests had duly enjoyed themselves.
Uelng assured they had, sho was happy.
Charles O. Smith and Miss Relln w.
Smith, both of Washington, wero married
nt St. Joseph. Mich., May IS. The wed
ding marked tho culmination of n romance
begun thirty yenrs ngo. when Smith was
a clerk In thn War department. Smith wns
ten vcars tho girl s senior. The two he.
came engaged secretly. Miss Smith's par
ents, to prevent the marriage, took her to
Europe. Refore falling she left a letter
for Smith. J ins and other letters mailed
while she was in Europe failed to reach
their destination. Smith, believing she had
cast him off, married. Miss Smith re.
turned from Europe nftcr an nbsence of
five years and met Smith and his wife at
a reception. It wns the first Intimation
thnt she had that he was married. She
left the party broken-hearted, and since
that time has carefully shunned socletv.
Smith became nwnrc thnt his first love
had remained true to htm and grew de
spondent. His wife sued for a divorce,
which wns sneedlly granted, with the "pro
vlso that Smith should not marry again In
the District of Columbia, Smith then
started out to find his old sweetheart, nnd
at the end of twenty rears fanml hr i.n.
i .z - - .1 . i -
J lU UK( IIIBV IUVC.
the gross appraisement, is ono going lo mo
npprulsement, nnd must
sale. . . ,rm
be -raised before
.1. A notice of sheriff's, salens not rendered
Invalid by Including therein' more tnnn mo
No. ?50H. - Roll 'Bgnlnst Omaha Savings
Hank. Erron from , Douglas county.
Affirmed, Alberts. C.
A sale of mortgaged promises under a
decree of foreclosure may tie made by n
deputy sheriff. . . .,
No. 0573. Fahy against State Rank,
O'Neill. Error from Holt county. Affirmed.
Oldham, C. . . ,
A deed absolute In form will be treated
as a mortgage when given to secure the
payment or a arm, nunougn uie i mi
may nave ngri-nci wmi hi m rum ...
payment of tno oeoi me opcii snin ;
come nbsolute. (State Rank of O Nelll
ugalnst Mathews, el ill, a nrn. w.inunwi-u.j
.-.fMnnra. T.'.vldpnrfi examined nnd held to
sustnln the finding thnt n conveyance nbso
lute In form was intenaeci ns a pecuruy
only. Instruction: A peremptory in
struction directing a verdict for plaintiff
held properly given.
No. 9575. Startzor against Clarke. Er
ror from Sarpy, Affirmed. Alberts, r.
A recital In tho trnncrlpt thnt thn court
Instructed tho Jury to find for the plaintiff
is a mere conclusion, nnd In tho absence
of tho Instruction upon which It Is based
from the transcript nnd bill of exceptions
un assignment of error predicated on such
Instruction will not be considered, 2. A
general assignment In a motion for n new-
trial tnai tne couri erreu in overruiniH mu
nblectlons made by the defendant will bo
disregarded where any ono of such ob
jections was properly overruled, 3. An
exception Is tndlspensnble to secure n re
view of the notion of tho trial court In
.llrpntlnir n verdict.
No. ."i77. King against Wilson, Error
from Douglas county. AfHrmod. Hast
ings, u.
Thn tnrt tbnl nremlses were leased for
nn Immoral purposo constitutes no defense
to an uctlon of forclblo detainer to recover
posesslon of them.
No. 9579. Post against Smith. Appeal
from Douglas county. Affirmed. Day. C.
To obtain a rcviow or tno ruling of the
trlnl court tho transcript must show such
ruling, and In tho absence of such showing
tho presumption win ue inumgea tnai tno
trial court ruled correctly. 2. A domitv
sheriff may perform any net for his prin
cipal in moKing a rorecioauro saie. Hcot-tlsh-Amerlcan
Mortgogu Co. against Nye,
5S Neb., 661, followed. .
No. 9584. Clark against Folkcrs. Error
from Jefferson county. Atnrmed. Bedg
wick. c.
1. Tho admission or incompetent evidence
not objected to nt the time Is not ground
for reversal.
2. In nn action for a malicious prosecj
Hon evidence of prior transactions between
tho parties tending to show a motive for
the prosecution is competent upon tho
question or mnuce.
3. In such action tho allegation of tho
petition thnt the prosecution complained
of was malicious anil without nmhnhin
cause will suonort evidence that thn nrnRn.
cuuon w'un iiiiiiiii.-iii:iu iur inc purpose or
collecting a debt or for any other malicious
motive.
4. In such action an instruction that If
tho Jury believe from the evidence that th9
licu'liuum uruBt:i:uieii uil' IMitiniUI Deca ISO
defendant had failed to duv n riMit it,,.t
was due him and not for the purposo of
seeing that justice was done and society
protected, they should consider such facts
In determining whether there was probablo
causo for the Institution of such criminal
prosecution, and nlso whether or not It
was malicious, Is misleading nnd erroneous
5, Rut such error Is without prejudlco
when there Is no evidence of probable
cause, so that upon the whole cvldonco end
with correct Instruction the Jury must
havo found want of probable cause.
6. The question of probable cause, the
incis ueing esiniiiisneii, is a question of
mw iur mu i um i .mu iiui lar ino Jury
No. 11S24. Oldlg against Flsk, Error from
uougms ) couniy. jioverseo, upliilou by
1. The settled rulo of this court, that tho
determination of questions presented to it
lu review of the proceedings in a case in
tho district court becomes the law ih.
case for all subsequent proceedings, applies
mil mil lu mi uwiii.n t-A)itcnniy lOUChed
upon In the opinion, but to nil questions
rmseu uy mr rremu aim necessarily m
volved In tho decision.
i, 'ine possession or a venuce who enters
upon land under nn exfeutory contract of
sale from one having color or title, may bo
i.iKeu if mm ui mn vciuiur, iur tne purpose
of tacking thereto tho possession nr
sons subsequently tnklng possession under
nnd claiming Through such vendor.
3. If the successive occupants of land In
fact receive possession from one another
and successively take and remain in pos
session against all the world by virtue of
sum irtmnicin nn uiuy nnvil UfCU madU
twnoilK mriu, 11 is iiuiim itri iui 10 ine ques.
tion of continuity of possession whether any
vnlld titles were in raci created by tho
transfer.
No. 11342. Scnger against Carrlg. Appeal
ironi i-iuii" vuiiiiit nc vvincii, ,"prval
v. J.
A decree foreclosing a mortgage draws In
terest from the date of Its rendition until
th' same Is paid.
No, U5H. Hansc.om against Meyer. Ap.
then pending. Thompson against West, -Neb.
: S2 N lion. 1.1.
2. An action brought for the foreclosure I
of a rent estiitp tnortc.me and to recover ll
Judgment In personam for any deficiency, In
wnicn a iieoroo nnd been rendered ordering
n sale of the property nnd holding de
fendant personally liable for nny de
ficiency, prior to the repeal of the statute,
Is a. "pending nctlon" tor the recovery of u
personal Judgment within the meaning of
see. 2, chap. Kxxvill, entitled "An net ton
cernlng tho enactment and repealing of
statutes.''
No. 11S7S. Hucklngs against State. Error
from Otoe county Affirmed. Alberts, C.
1. Section 355 of the Code of Civil Pro
cedure, which provides that n witness may
demand his traveling fees and fee for one
day's attendance when the subpoenn Is
served on him, and If the tno be not paid
the witness shall not be obliged to obey the
subpoena, has no application to witnesses tn
criminal cases.
2. A witness, duly served with n sub
poenn In u criminal case, cannot Justify a
fnlluro to obey the wtlt on the ground tnnt
he has demanded his fees and they were not
paid.
3. Inability to obey n writ, resulting from
a willful act done with a knowledge that It
would result In such Inability, does not
purge contempt
No. 11004. State ex rel Rutler County
Agricultural Society against Coufal. Error
from Uutler countv. Reversed. with direc
tions. Oldham, C.
1. Where n specific duty Is provided by
statute mandamus muy be Invoked to en
force It and tho party entitled to such relief
will not be forced to pursue his remedy by
a circuitous nnd dilatory action at law.
2. In the allowance of the claim of nn
agricultural society which has complied
with nil the rciiuliemeiits of sec. 12, chap.
II, Compiled Statutes, 1899, a board of
county supervisuts nets ministerially nnd
not Judicially, uhd when It refuses to net
on such n clnlm It may be compelled to do
so by mandamus.
No. 9593. Robertson ngnlnxt Hamilton
Error from York county. Altlrmed. Hol
comb, J.
1. Where no exception Is taken to the ruling
of the trial court In HiHtnliiliiii n demurnr
to a lietltlon. and a t-t'inttwt im mailt, and
leave given to llle an amended petition, Hi'
ruling of the court on the demurrer cannot
be reviewed on error nrcceedlnir lu thli
court.
On un nitiionl to thn district court of .i
cast tried before n justice of the peace, the
cause must be tried on the same Issues as
were tried In the lower court, except ns tj
now mutter urlitug after the first trlnl.
such ns payment, etc, 1 Unhurt against
Itosenbalm, et nl, -H Neb., -tin.
No. 959S. iJuscuberrv nualust Abbott.
Appeal lrom Hull county. Alllrnu'd,
Dullle, C.
1. I lie record of the nrobatn of n will
and tht appointment of executors certified
by tho clcrli of the surrogate's court of a
county lu the state of New York, under
tho seal of raid court, to which is added
thu certlllcntc of thn solo nrcf. d iur fudge
of said court, attesting the otllclai char
acter of the clerk, and Hint his attestation
of the record Is In due form, Is sufficient
to entitle such record to be received In
evidence either under section lit of our
code or under section 905 of the Revised
Statutes of tho I'nlted States.
Parties may lawfully contract that n
noto or Interest, coupons attached thereto
may druw n higher rate of Interest nfter
maturity than Is provided for nrlor to
maturity, provided the amount so reserved
dons not exceed lo per cent per nnnuni.
No. 9399. Perry ugalnst linker. Appeal
from Greeley county. Affirmed. Sedg
wick, c
Judement for defendant immi unmclent
Pleadings and evidence will not bo re
versed becattso nnother Judge of the some
court had. before the trial, sustained n
general demurrer to thn answer, the an
swer having been amended by leave of tho
court nfter ruling on the demurrer, nnd
una is me ruie, aitnougn no evidence is
oirered on the trial sustaining tho lega
tions brought into tho answer by such
amendment.
If a mortgagee or the nsslcncc of a
mortgaue whoso Jisslanment Is recorded
buys the land ot sheriff's sain upon a prior
lien, nnd is credited by the sheriff with tho
mnrtcauc which he nnnears tn own ns
disclosed by thn record, a part of which
Is allowed by the sheriff on the purchase
prlco of the land, and such purchaser
afterwards quit claim all Interest In thn
land, this will bo equivalent to payment
by the mortgagor to the original mortgagee,
3. And In such enso an Innocent mirchnser
of the land from the granteo lu said quit
claim deed will take the In ml free from
tho lien of thu mortgacn nn ngalust the
holder of the note secured by such mort
gage, ns though such holder. Is an Inno
cent mirrluircr thereof. Whlrtnlo' aenlnst
IViwicr. 4t Neb.. 675.
No. 9H01. Hohrer ii en I list Adair. Error
from Huffoto county. Reversed. Day. C
I A mock subscription to thn capital
stock of n corporation which, by Its terms,
Is due anil payable, may bo garnished by a
creditor of the corporation; and to tho ex
tent it is nue nnd unpaid may no applied
to the satisfaction of creditors' claims, tho
corporation being a going concern and
having dominion over its property.
wo. wm. Atutmnn, Miner Ac ro -"gainst
Mollne, Mllhurn & Stoddard Co. Error
from Dawson county. Affirmed, Old
ham, C
1. In nn action nt law where no motion
for a new trlnl has been filed In the court
below, and tho pleadings supported tho
Judgment, the cause will be affirmed with
out considering nny nlleged errors which
aro claimed to havo occurred In the pro
ceedings of the trial.
No. umu. Hogg against itnynnlds. rcrror
from Rutler countq. Affirmed. Sullivan, J,
1. Where tho lessen assigns his whole es
tate in nil tho demised premises, the as
slgueo Is llabln to the lessor for the whole
of the rent reserved In the lease.
2. Whether a transfer of the lessee's In
terest destroys tho privity of estate sub
sisting between him and the landlord nnd
creates that relation between tho landlord
and the transferee depends upon tho estate
demised and the estate transferred being
precisely Iduntlcnl.
3. Ono who acquires by nsslgnmcnt
the lesseo's entire Interest In n dis
tinct part of leased lands, In as to such
part, m privity of estate with the lessor
and liable to him for u proportionate share
of tho rent. Hut such assignment is in n
what you
Dyspepsia Hui
TTlicntho stomach fulls, all other organs of tho body fall.
Tho heart urows weak, the kldu" become overburdened, tho
liver obstructed, and tho blood impoverished, hveu consump
tion nnd cancer aro results of Improper nourishment.
Tho surest way to keep tho stomach in Rood condition, is to
use a preparation that will digest all classes of food and build
up tho dhiestlvo orsrans. Kodoi. Dyspepsia Curb Is just such a
preparation. It dlRcsts what you cat and allows you to cat
food enough to nourish every tissue-of the body.
It can't help but i3o yra ect
Prepared by E. O. DoWltt A Co., Chicago, Tho tl. bottle contains SM times tho 50c. slzo.
When you sudor from biliousness or constipation, use the famous little liver
pills known as DoWitt's Littlo EARLY RISEHS. Thoy novcr tripe.
PRIVILEGES
TO HOLDERS OF
Eastern Tourist Tickets
VIA THE
ILaKe SKore
and Michigan Southern Railway
OTOP OVER AT
Chautauqua,
PanJlmerican Exposition,
Niagara Falls.
OPTIONAL USE OF
Cleveland & Buffalo Steamers,
Hudson River Boat Line.
Printed matter givmp; routes and rates for summer tours with full
information on application to F. M. UYKON, G. V. A., Chicago.
privity of estate with the lessor us to the
portion of the land not covered by the as
signment, Mid Is therefore not liable for
tho entlro rent reserved in tho lease.
No, 8007. Day ugalnst Miller. Error from
Harlan county. Atnrmed with costs,
Ames, C.
Whon tho lender of money unon negoti
able securities sells nnd transfers tho lat
ter before due, and upon their maturity re
ceives payment therefor from the maker,
who pays him In good fnlth, and tho lender
subsequently executes and delivers his own
obligations to the holder for tho amount so
received, who, nfter having learned the fnct
of such payment, rotnlns such obligations
for morn than two years, without objection
and without notifying tho borrower that
such transaction was unauthorized by or
unsatisfactory to him, tho holder will be
held to have ratified th- receipt of tho
money by the lender as beln? tho net of his
own ngent and will bo estopped from en
forcing tho secnrltlen against thu borrower
Dft. X. D.
DOCTOR
Searles k Searles
OMAHA
SRAni.ES.
SPECIALIST
Most Successful and Reliable
Specialist in Diseases of Ment
VARICOC!
Are you afflicted with Varicocele or Its results Nervous Debility nnd Lost Man
hood? Aro you nervous, Irritable and despondent? Do you lack your old-time energy
fcnd ambition? Are you suffering from vital wenitnets, etc.? There Is a derangement
of tho sensitive organs of your Pelvic System, and even though It gives you no
trouble at present, It will ultimately unman you, depress your mind, rack your nervous
tyatom, unfit you for married life and shorten your existence. Why not be cured be
fore It Is too late? WE CAN CURE YOU TO STAY CURED UNDER WRITTEN GUAR
ANTEE. We have yet to see the case of Vortcocelo we cannot cure. Medicines, oleo
Iric bolts, etc., will nover cure. You need expert treatment. We treat thousands of
tases where the ordinary physician treats one. Method now, never fills, without cut
ling, pain or loss of time.
STRICTURE
and GLEET
Home Treatment. No
new and Infallible
Radically cured with a
WEAK MEN
(V1TAWTY WEAIO.made so by too clott
Application to business or study; uovsrf
mental strain or grief; SEXUAL. EX
CESBES In middlo llfo or from tho cftojtl
of youthful follies.
WEAK MEN ARE VICTIMS TO NER.
vnrtH r-Kiin .i-rv on pviiAimTmu
QVDUil tC cured for life and tho poison i WASTING WEAKNESS. INV(l,UNTAU
jf I riUkli thoroughly cleansed from LUSHES, with EARLY DECAY In YOU NO
ins nynirm. Doon cvwy (n ami ojnijiurai ana .tlllJDl.rc-AWKIJ; lack of vim. vigor.
Instruments, no pain, no detention from
business. Cure guaranteed.
ARY Kldnoy and Illnddor Troubles
ck. uurnmg u
High
,Vlnff tlitrV Htirtv
Urinating, Urine
milky sediment on
meet,
Urine. Frequency of I
h Colored, or with
standing; Gonorrhoea,
disappear completely
UltlJAKlNU UUT
and forever. No
of the disease on the
tkln or face. Treatment contains no dan-L-erous
drugs or Injurious medlcinea.
Home Treatment
luceetsful and strictly private. Our c
CURES GUARANTEED.
CHARGES LOW
and Ntrenrth. with uexunl nrirnnn Imnnfrxrl
and weakened prematurely In approaching
old age. All yield rapidly to our new
treatment for loss of vital power.
One personal visit is preferred, but If jro
cannot call at my ofllco, writs us you!
symptoms fully. Our home treatment Ii
Our counsel In free nnd sacredly confldentUl,
Consultation Free.
Call or n'klross
Treatment by Mai
119 So. 14th Street.
Dr. Searles & Searles, Omaha. Neb.
MAMUAAn DCef"El?rk"CUPIDENK'i
IValaPaw u OtW Tills great V
cvivcuro you
noil, Iiiaoti
Ifalllnrks to Msrrj, KabiiaMlng llralm, Trli-oc-lr mid Cnnsllpuiioa.
Pitt.
bio Vltullier.ttiopreiicrlptlonof nfnraoas French physician, will qulcklv euro you of 5S
iirrroiiaor uunursur tlie ccnrratlve orgsns, such m I,M jnnnnuuu, inxontnia,
I'aina In tbo llnrk, kVrraliiul KmUilmii. Nrrvuus Debility, I'lmnln
jeils to Hiiernmtorrhmn and nil tho hnrrorn ot linnotency. CliI'mnNII cleanses th
. " iiver, mo H'-incjooDU too urinary orgauk oi mi impurities. feua'svunKuruugiaoM
Thnrrasnil atlffftrura arn lint -nri1 hv TVw-tnvfahAnftAflOriF..nfcAm frAlitilMl with frnatnlllla.
Cni'i UlilNK tho nntv brinwtl vnm.ilv t,i ..lira tHtlmitt tin nni.rn.lnn fTYll lr.llmniil.il. A wpltlAn
l am
for l
Address UAVOIi MEUICIMS CO..
1
ratiteefflren and mmicr rotcrn
tnall. bend fnr Kliir. rlrrulnran
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u, . . .... . Lihmsn, U, July 31, 1900.
Ve hive been married twelve yer and have done all we could to make ur homa
V. K"' . . "'"vv win oocion w Drint ui a cnna, nut nave alwavi filled
But on hearing of your Wine of Cardul I decided to try a bottle: I wai lurprlitd to find It
to be hut at It wa. renrc.ented and It wa fu.t wfiat I needed. I became pregnant and
expect to be confined In two, or three monlhi.
Mn. LINDA LAWRENCE.
Marriage, which dot not cuJrhlnate In motherhood, it a travealy on we'd
lock. It maku a home barren and deolate that ought to be happy. But care
ful invocation proves that actual barrenneu is rare. Many women are denied
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of the generative organs which ' ,
WINEo'CARDW
would cure. Instead of enoyintj the privilege of motherhood many thousands of
Sooa women are 1050110105 on dcoj 01 sicnnen, suffering dragging menstrual
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All druggists sell $1.00 bottles of Wine of Cardul. Take no substitute I
For adflca and lltaratur., adarM. iTlnrayniptona.'Tha Ladles' Advisory
Department," Tht Chattaaoofa Msdlclna Company, Ohttanoti, Tenn.