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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Feb. 22, 1902)
THE OMAHA DAILY HEEi SATURDAYS FEUHITARY 22, 1H02.
ONE LESSON OF A POEER CAME
It Wu Learned by i Kan Who Bet Hit
Eroplo: n't Money. .
SlirPCI ritOM THC IRINK OF DISHONOR
A P4b Starr tfce Daacerees
fraatlee af Mlslast Aaotaer
' Mia'i Maney wlflt Taar
"I can't say 1 e" bad toy experience
that made me wear off playing poker,"
aid to cray-nalred, youst-looklng man to
a New Terk Sua alary teller, "but there li
omethlnc that poker taught me. Erer
iDce I played a memorable name la Detroit
eome twenty-lire years ago I here made It
part at any religion never to ml another
man't money with my own.
"I waa traveling for a large concern In
New York at the time and, the cuatotn
wai In those day,' 1 not only aold goods for
thesa, hut good part of my business wss
the eWIeetkra of outstanding accounts. It
therefore happened not Infrequently that I
would have considerable sums of money
with me for some Cays.
"There waa one particular party of fire
la Detroit who played together a great deal
and who always seemed glad to hay me
take the sixth hand. Good players they
were, too, though only ana of them wu a
professional. Ha waa eld Jack Adams, who
bad the reputation of being the squarest
gambler la the west. Ha was fond of poker
as an amusement,, but he wouldn't play It
excepting with hla friends. His rouletts
and faro tables were for outsiders.
"There wss a Judge among the flre and a
hotel keeper named Collins, a doctor named
Stetson and a hardware merchant whose
asms, I think, waa Cook, The ruiiq was
usually a pretty stiff one, for they played
table stakes and usually started In with 100
apiece, so If there happened to be any un
uenal goad or bad luck running to anybody
there would often be $1,000, or even 11.000
on the table by the end of the evening.
"I had been traveling for a wecik among,
the smaller towns and had taken In some
thing over $1,000. which 1 had not had an
opportunity to retnJt. I expected to bank
It oa reaching Detroit, but the train was
delayed and I got there after banking hours,
so It wu stlli In my pocket when I went
around with Collins after dinner to Join is
the game. I had about $200 of my own with
me. But the Important thing, as It turned
out, waa that the firm's money and my own
waa together In one roll.
Starts with a ttaeh.
"The game began as usual, and proved to
be a swift one, almost from the start. No
body seemed to have any monopoly of the
luck for more than a few minutes at a time,
but every few deala there would he a strug
gle between two, or somethlmes three
hands, and the pot would swell rapidly.
The carda were running unusually well. -
"For my own part I did fairly well sev
eral times, but got hit hard almost aa fre
ouently, ao that although I doubled my
stake Inside of twenty minutes and ran It
up to nearly $300 in twenty minutes mora, I
found myself down to a few red chlpe by
the time the hour wss up. With the game
going up and down aa It did, I had no
particular misgivings about 1 declaring an
other hundred In, and I did so without re-
, allilog at the moment that I was prac
tloally putting my entire cspltal Into the
"The next pot put me on Basy street.
It waa a Jackpot for $2, and on the first
deal I caught three Jacks, so I opened It,
though I sat under the guns, for the amount
In the pot, which was, of course, $11. Cook
at neat and ha came In. Tha Judge laid
down, Collin raised me IIS and Stetson
saw the false. Adams studied ills hand
for a full minute before be put up his
money, but finally ha threw li in, and I
raised It $25. 1 thought It waa a good play,
even though two players had seen the first
ralaa, for 1 etlll had the chance of the
draw and my hand was certslnly strong
I before tha draw.
"It turned out all right, for though Cook
threw down hi hand, not being strong
enough to sea a double ra'ie, Collins and
8tetson both made good. Adams sur
rendered, showing that his long study
hadn't been a bluff, as I had suspected It
was. I therefore had tha hands- weeded
and only tw player left In agamtt me.
and my Jacks looked aa good as, if not bet
ter. than they did at first. y
"Of course I waa at a disadvantage In
having to draw first, but I decided to draw
the strength of my hand, although It was
a dead give away. Threes ware good
enough to Justify my play and ualsss Col
line or Steteoa should stand pat I fslt that
I was still strong. Stetson did stand pat
after Collins had drawn two carda, so
X sited up Collins for three of a kind and
Stetson for a small straight. It eouldn't
be much of a straight, evsn, for If he had
much confidence In it be would have played
-- Rah ad la tha Pat. ,
"Anyhow, I threw In a white chip before
looking- at my draw. Collins wasn't likely
to ralaa unless he bed bsttered, hut he
looked carefully before playing and to my
dismay raised me $00., It wss up to Stetson
then, and he, having, aa I had suspected,
and as afterwards proved to be the esse,
a nine-high straight, felt compelled to call.
After that " had. of course, to look at my
draw, and to my Intense Joy I found I had
taught a pair ef fours: The nalv regret
then was that J had nothing Important In
front af me to raise with.
"My pile wae only $54. but I pushrd that
forward, knowing that the others would
have to see the $4 additional, and I scooped
in the pot, Collins having a seven full
against me. He said afterward that be
would have raised me, but my money was
all up and Stetson had only three or tour
red china, aa It hardly aeemed worth while.
"That geve me pretty nearly $400 to go
oa with aad I played along with varying
luck tor more than aa hour before I struck
a bad streak that ran me away down again
Then, strange sa It may seem, I forgot en
tirely that I had bought twice and J put
another hundred lo. If I had not had my
money rolled up with the firm's I never
could have made that mistake, but I didn't
top to eo: up aad the thing was done
before I realised It.
"It tn not until I bed lost something
Ilk $? jut of the third bandred that I e
membered whet J bsd actually done. Then
It came to me. because I realised thst I wss
likely t hsv to bay stain ar quit, the
game. My Bret thought wss to buy, and
then, like a sfroke of lightning cams the
thought that I couldn't buy more, as my
money was all In already. Then the second
tho.gnt came and almoet stunned me, that
I had bought, not twice, but three times.
"I satd nothfng, Tttt for the next two
mlaate t did a powerful lat af thinking. I
know, I looked at the hand that was dealt
to me Just tbeo without being able to tell
whether I had deuces or a strslght flush. I
couldn't have told a card In the hand. I
threw It down and, as It happened, there
was something doing among the other play
ers, so that I had time to thiak out the sit
uation before deriding what I should do.
' Mixlaaj the Maaer. '
"The question wss a very nice one. I
didn't know to a dollar exactly how much
was mine and how much wasn't out of that
big roll that wss so cursedly convenient
to my band, but I did know that I had
used more than belonged to me, sad that
If I cashed in the chips I had In front af
me I would still be an embetsler. The
thought came to me that I might buy still
another hundred aad by playing an extra
cautious game might probably pull out of
my hole, but I am glsd to ssy that I re
jected that temptation without an in
stant's hesitation. Com what might, I
weuld not touch another dollar of ' the
"Then came another thought. There
was nearly $30 la chips which I had already
paid for. Of course, as I see it now, I had
ao more right to play on with those chips
than I had to play in tha $1,000 or there
abouts that wae still In my pocket, but the
thought I had then was that I had already
misused so much of the money and It would
he no additional wrong t do tha best I
could on that small capital to pull out as
much ss I had taken wrongfully. It was
tha worst kind of sophistry, of course, but
for the moment, In my excitement. It
seemed not only a perfectly natural, but a
Justifiable course, and I decided to try It.
I knew poker well enough, even then,
to real lie that If t played timidly on such
a capital it wouldn't laat long, -and If, on
the other hand, I should risk It wildly I
would probably lose It all in no time. Bo
I determined to try to play exactly aa. if
the money were my own and was the laat
I had. '
"Tha tension on my nerves was some
thing frightful when I picked up my next
hand, but my faculties were very much
alive, and X could have shrieked with Joy
when I saw that I had four trey cold. It
was my age, too, and X had thrown In the
uaual ants of $1. calling $3. The only thing
I had to hope for wae that thsy weuld all
eorno in, aad the only thing I had to study
was how much of a raise I dared to make
ao aa not to drive anybody away.
"Aa It happened they all earn la, so there
wss $11 In the pot when It was up to ms to
make good. Of courss, I wanted to raise
it all I could, but I knew that would be
ruinous. The game hsd been a pretty
liberal one, though, and I Judged that tbay
would all be likely to stay against a small
raise, so I made It five mora to play, and
they all came la but Cook. More than that,
Adam raised me five.
"Then I figured thst If X raised again be
fore the draw I would certainly drive some
of them out, so I simply mad good, think
ing that everybody who should sea this
second raise would be hooked for fair and
would put hi money up before I would be
called on to bet at all. And they all saw It
"Of courss, I drew on card. The Judge
stood pat, Collins drew two, Stetson took
three and Adams took one. The Judga then
bet $10. Collins saw this. Stetson laid down
and Adam raised it twenty-flv more.
"All I could do, of course, was to call
for show, which I did, and to my delight
the Judge and Collin both called. The
Judge had a small flush, Collins had three
ace and Adam had a pin full. That
gave Adams ths money on Hi aide, but
I found myself with over a hundred and
fifty In front of m Inetead of the thirty
of a few moments before.
"Then I put an even hundred In blue
chips on on side, Saying to myself that
nothing would tempt me to play those in
The other fifty I considered my own, and
I resolved to try to pull out with that. But
It It came to a choice between tbrowtng
down my carda, no matter what they might
be, or betting again with the firm's money,
I would certainly throw down.
"Wall, It didn't come to that. la tha
next four or five bands I lost about $10 and
then. I caught a flush against three kings
and pulled In thirty odd dollars, and a fsw
minute later I filled a strslght against
three other good hand and won nearly two
hundred. That put ma on velvet and 1 de
termined to stay till I got on more good
play and then cash Ut. win or lose.
'The play cam soon and one mora I
was lucky, winning sixty odd dollar on
three queens, aad I got cold feet promptly.
My axcuss was fatigue from eeveral daya'
hard travel aad as It was past midnight
It was accepted aa perfectly natural, but
no one In the party ever dreamed how much
thoae four treya were worth to roe.
- "A I said, the lesson didn't cur m of
playing poker, but I never played It again
with any money that didn't belong to me,'
HONOR TO MARTYRED CHIEFS
Daughters of American Revolution Want to
Have a Fixed Day.
TEIBUTES TO ASSASSINATED PRESIDENTS
Ta trtltlea Ceaarees to Set Plrot 9aa
day After HtcKlaley lltriad.y
a Day af Prayer la
WASHINGTON, Feb. SI. Less tbaa 100
delegates were present when today's Jes
sica of the Daughter of the American
Revolution convention opened. Mrs. Wil
liam Evsrt Jonts, a delegate from Georgia,
slipped oa the It at the entrance to the'
theater where the convention la In progress
and brol-.e her wrist. She wss nattily car
ried to the Emergency hospital, where she
received medical attention.
After prayer by the chaplain general, the
reading of the minutes and the transaction
of some routine business the conven
tion, on motion of Mrs. Dennis Bsgaa, State
regeat of Florida, agreed to hereafter omit
tha reading of the minute In order to fa
Announcement was made of the reault of
yesterday' elections for vie president
general a follown: Mrs. Mary Hepburn
Smith, Connectlo-.it: Belle C. Lyons. Ken
tucky; 8. P. C. Morgan, Georgia; Harriet
Simpson, Massachusetts; J. V. Queries, Wis.
cousin; D. D. Colton, California; Arthur R.
Bsdle, New Jersey; Henry W. Burnham,
New Hampshlrs; J. Herron Crossman. Nsw
York; Elisabeth C. Williams, Maryland.
Mrs. Stratton of Minnesota offered the
following resolution, which , waa unani
Resolved, That we report to eongresa that
the Sunday following the birthday of our
late beloved President McKinley be set
apart as a day of prayer In memory of our
martyred preeidente, Lincoln, ae the nutir
mind, the great hearted emancipator, whom
w all revere; Garfield, and particularly
McKlnlfey, a man beloved by tha people ea
possessing all the virtues of heart and
mind that combine to make one good and
great. W suggest Sunday that the mem
ory of these men may year by year bo as
sociated with thoughts of our duty as clti
sens to live nobler and purer lives.
A report en prison ships - was read by
Mrs. S. V. White of New York. She es
timated that the remains of 10,000 revolu
tionary soldier were burled In and about
the harbor of New .York. She urged the
erection of a monument to their memory.
The congress voted to us Its Influence
with committees of congress against the
desecration of the American flag.
Announcement of pledge to the conti
nental hall fund aggregating $78,000 were
made aad In addition the congress ap
propriated $15,000, making the total amount
now available and pledged for that pur
pose about $100,000. The national com
mittee on Continental hall suggested as a
proposed hall ait tb lot at H street and
Connecticut avenue, opposite Lafayette
square and about a block from tha White
House. The estimated cost of the site Is
about $101,000. It is proposed to have a
building of classic architecture and the
committee reported In favor of competi
tion in . designs for it.
Jirm Quickly Curtd by
Chamberlain's Cough Remedy
It acts on nature's plan,
loosens the cough, relieves
the lungs and opens the se
cretions, effecting a perma
nent cure. .,
It counteracts any ten-:
deocy of. a cold to result in
pneumonia. . " i
It is pleasant to take, both
children and adults like it.
Price 2R cents.
Layc eiie tU cent ,
ROCK ISLAND'S NEW BRANCH
Will Batead Mae treat El Paso
to Healeo a a Call
CHICAGO, Feb. fl. After a yesr or more
of work official of the Rock Island road
today announced details of the opsolng of
the El Paso sxtenilon of the line.
Contrary to expectation, the Rock Island
will operate a through train service from
Chlcsgo to El Psso. At Brat It waa be
lieved by officers of the system that a
through service from Chicago would be too
long, but after due consideration It has
beea decided to run solid trains from this
city to the Mexican border.
The new schedui will become effective
March 1 and provides for a through train
to depart from Chicago dally at 11:30 p. m.
At El Paso connections will be msde with
the Southern Pacific for California and
with the Mexican Central for points In
Old Mexico. This will be a surprise t
railroad officers, aa there has been no la
tlmatlon that the Rock Island Intended to
establish through service to California from
Chicago via the new El Paso extenaion.
TWO-MAN BOWLING GAMES
Tearnaaseat Is Opened on Clark's Al
- leys la Free car af Many
The two-man bowling tournament opened
last night at Clark's alley pefgre large
1st. 2d. , Id. Total.
Hartley 136 1JS 161 473
Conrad lt& HI 13 .487
Total... ;. 170 "rri "sii "Vm
Denman t Ut 136 21S M3
Clarkeon 148 163 220 63
Total...... ..,....;." "sSS "435 "LOTS
Huntington ISO T 155 . 471
Lehmann ... 145 175 Its 4U
Total.. 293 "s"ol8 "M
Brunke 204 If 8 16S SSS
Seaman 156 170 166 491
Total SeO 35S 331 tfii
H. Reed 158 1ft) ISO 504
Weber 164 154 164 .478
Total 1121 SIS 344 8S1
Francisco ..178 ltl 161 10
Tocum - 138 164 UT 439
Total 318 335 m H
TRAFFIC MEN IN CONFERENCE
Disease foataiaalty af lutereats Prop
ealtlna Mure Meetlaga ta
NEW YORK. Feb. St. General east era
sgents ef all ths largs railroad systems
sod the traffic managers of twsnty-ssvea
largs Industrial orgaaliatlona met today
at a luncheon. Community of Intereat was
the theme of all ths speakers. It waa
the Drat general gathering of shlppsrs and
shipping agents, but there were many
slgas to Indlcats thst it will be followed
by similar affairs early hereafter.
General Eastern Agent Dewolf of the
Erie railroad actsd as toa at master. Among
the speakers were General Freight Agent
Mack of the American 8teel and Wire com
pany and B. D. Caldwell, trafflo manager
of the Delaware, Lackawanna Westers
Barllagjtaa (rkhaiaera . Adjaara.
CHICAGO. Feb. tl.-Burllngtoa stock
holdvrs mat today and er Ur.d their uaual
adjournment tor one week, without Uans
aUug an bualueaa,
MAGNATES REFUSE TO TALK
Baaldlaar ' Adkereata Positively De
rllae ta Give Object of
PITTSBURQ, Fab, 21. The meeting here
tomorrow of the Spalding adherents In
the base ball war la causing much specula
tion, but It Is Impossible to get a forecast
of what the outcome of the meeting Is
likely to be. The only out of town repre
eentatlve here aa yet Is Hanlon. He had
three conferences with Dreyfuaa today, but
neither man will divulge a single word
concerning tha purport of the talks.
Mr. Dreyfuaa says the meeting will be
auenaea oy Kogers ana Heart) or rhila
delnhla. Fbberts and Hanlon of Brooklyn
Hart of Chicago and Pulliam and himself
of Pittsburg. All ars expected to reach
here before noon tomorrow. Mr. Dreyfus
says that while he haa a pretty good Idea
of what the meeting will do, he positively
reruses 10 make known an inkling of It
unui alter aajuurameni.
NO GAME WITH WISCONSIN
Nebraska's Cfcaleage for a Foot Ball
Gaate Will Net Ba
MADISON. Wis.. Feb. 21 Negotiations
for a foot ball same with Nebraska are all
off aa fa.' aa Wisconsin Is concerned. As
Wlaconsl.i Is scheduled to meet Michigan
on November 1 and Minnesota two weeks
later, the board of directors decided It wss
unwise to take on Nebraska this season
and refused to ratify the oreliminarv ir.
rangemenis 01 me managers.
WANTS TO INCLUDE PEORIA
Whltflela' Rocceda la Forming- Con
aay and Will Ask ta Admit
PEORIA. III.. Feb. 21. President James
Whitfield of the Western league left to
night for Kansas Cly to attend the meet.
tig or tne circuit committee there toruor
row. He will aeK that Peoria be given ons
of the remaining (rant hints. He haa been
here a week working for the organisation
of a basa hall company, and hla efforts
nsve met witn success.
World's Rerord la Billiards.
CHICAGO, Feb. 21. A world's record was
made here tonight at three-cuehlon bil
liards, when H. J. Avorv. an amateur, ran
out the fifty-point game In fifty-one In
ning. Tle prevloua record, both profes
sional and amateur, was held by the late
Uuyman C. McCreary of St. loui. who
more than ten years ago. In a match con
ical, ran iirty pointa in nity-tnree innings.
BALTIMORE. Feb. ?I.-Kddy Lenny of
Chester. Pa., and Jre Tlpman of Haltlnvre
fought twenty rourt's to a draw before the
cureaa Ainietio ciut nere tonigni.
t'ranele feaaueaaaea aa Wltaeas.
ST. LOUIS. Fel. Sl.-Ex-Qovernor D. n
Francis, president of the Louisiana Pur
chase Exposition company, U one of the
four witnesses summoned to appear today
aeiore tne aranu jury inai is investigating
franchise bribery. E. jr. Swlnney. nreal-
dent of the First National bank of Kanaas
City, and F. P. Naal. vice president of the
I'nion National bank of Ksr.as City, have
oeen summoned 10 appear error ine grand
Jury next Monday. Their testimony lit de
sired for the purpose of verifying rertala
facts in c nnection with the Central Trac
tion deal. Involving K M. Snyder. A Sub
poena has alfo been Issjed for Dr. W. M
woods, (resident of the National Bank of
Commerce af Kanaaa lty. but It baa ant
been i erve-1. ea Ll , YVovds U ta Vault
An honest dealer will etl art hrmt remed? when
is called for by a customer, will nse honest drugs and
chemicals In compounding prescriptions, and can be
safely truitted as a family druKtlH.
A dishonest iealer who will try to sell a customer
anme cheapsuNttltuUof his own when a standard remedy
tsaaked for. will not beeltatatonselmmiraandinjnriotis
drugs and chemical la com poinding ale prescriptions.
W caution our patrons to gutrd against cheep, so
' called cough medicine that Is offered at a Kw price by
dealers. Insist on getting the OLD RELIABLE
which ha been
the standard for
over fifty years.
tends ot cases of
grip, asthma, and
has cured thou
"THC ONE THAT CURES."
It will cur vou If vou will trr It.
itArg bottlee S5c at all druggist. Bo that th "Bull's Bead'' is on tb package.
SMALL DOSE. PLEASANT TO TAKE,
Will write A. C
FREE. A Beautiful Calendar and Medical Booklet sent free postpaid to anyone Vrbd
noiui at w.i osiuasnii 1 laryiana, ana menuon iuis paper.
SUPREME COURT SYLLABI.
10(711. Swift and Company against Ulelse.
Error from Douglas. Reversed. Hastings,
C. Division No 1. Reported.
1. Allegation that defendant corporation
did certain things by Its foreman I suffi
cient allegation of the letter's authority ae
against aa objection to all evidence at th
1. Nevllirent act of a foreman with sren-
eral control and authority to employ and
discharge workmen In ordering a subject
workman upon an elevator and himself
operating the elevator with negligence to
the workman s Injury. Held, properly re
aarded by the trlnl court as not the set of
a fellow servant, but of a vice principal.
. instruction that defendant a anawer
denied lameness of plaintiff, where answer
really denied thst It was CHueed by de
fendant and by the means alleged.. Held,
prejudicial error, where there was evidence
tending to show previously existing lameness.
4. Herueal of Instruction to effect thst de
fendant was not reeponslble for damsse
caused by want of reasonable care on plain-
tin a part arter tne anegea injury, neia,
erroneous where evidence had been ad
mitted without objection tending to show
that plaintiff's condition, expense and suf
fer In a- were In Dart due to hla failure to
exercise reasonable care after the hurt re
10SK1. Darr agRlnst Berqulat. Error from
Dawson. Reverted. Holeomb, 1.
1. When a general demurrer to a petition
has been sustained and a review of the rul
ing thereon sought by error proceedings and
the party Interposing the demurrer fails to
appear In this court or point out ths de
fects in the petition relied on to sustain thn
demurrer, a searching examination and
critical analyels will not be made In order
to And a defect In the petition rendering It
vulnerable to-such demurrer.
1. A sale of real estate ror aeiinquent
taxes for general revenue purposes, made
hv muntv treasurer, and the issuance of
a tax sale certificate therefor, raises a legal
presumption that sucn taxes nave oeen
regularly end legally levied and assessed
snd ths sal made In the manner provided
by law. . , ,
t. Petition in the case at bar examined
nd held to fctate a cause of action.
164. McNaughton against Burke. Appeal
from Lincoln. Affirmed. Bulllvan, C. J.
1. It Is the settled law of this state that
In reviewing the Judgments and final order
of the district courts upon appeal this court
will only Inquire whether upon the plead
ings and evidence the controversy has been
E. A conveyance of the real estate sub
ject to a mortgage Is In substance a con
veyance of so much of the property only aa
Is 'not required for the satisfaction of the
1 Land conveyed subject to a mortgage
U In eniiltv. aa between the grantor and
grantee, the primary debtor.
f . VVnen reClimiB in urni mrv " 1 in, - n-
nm of th contract neither party Is per
mitted to deny them.
IOOiU. Messeigrave r'.r "r
from Buffalo. Reversed. Duffle, C. Division
No. J. Reported.
1. A recognisance in a .-minimi
inititinii "that the defendant shall be
and appear In this court on the first day of
the next term thereof to answer to the
charge of rape now pending herein agalntt
him. and will not depart the court without
leave and abide the order of the eourt.' Is
limited to tn term ai wnicn 11 tu tin
I vinder our statute the state I not
limited to a record entry made on the court
records to prove a loneuure vi
nlzance. but may use oral testimony- for
that purpose; but In order to default the
ri.f.nHanl he must be called at some time
during the term set for his appearance
1(19(5. Williams BBHIIUIl 1 a l rv. ....... wu
Lancaster. Reversal. Hastings, C. Dl
vlalon No. 1. Reported.
1. Instruction sent with a note forwnrded
by one banlt to another for the purpose
of collection "to protest." held to mean.
and to have been unoeraiooa 10 mun oy
the notary to whose attention It was
called, that th necessary steps to Ulna
endorsers were to be taken.
t. While a prompt return to the sender
of a proteet showing no notice to sit
endorser would have enabled it to sen's
notice in time, having enirusiaa rnai ouiy
to a notary, It was not sound to make
examination to ses whether It was done.
He should either have discharged the
duty of called attention to th fact that it
waa not acne.
. Giving notice of dishonor of protested
nnr u In tha absenne Of contrary In
structions, an official duty of a notary
public In NeOrasKS, lor negieci 01 wnicn
n octinn ta maintained by the party In
jured upon his official bond.
11034. liiadbury against Kinney. Appeal
from Wheeler. Reversed with Instructions.
Hastings, C. Division mo. J. neponea.
1 Tha a purchaser of negotiable secu
rities, which sre made payable at the
offloa of the loan company negotiating
them, knows that the loan company so
licits payment of them regularly aa they
fall due. and that It Interest Itself In
the ' payment of taxes and Insurance to
nroivt the security, does not make such
loan comoany hla agent to collect nor
charge him with the moneye ao obtained,
v. - Haa nn knnwledae of any claim
of authority from him' or of ownership of
the securities, and he retains possession
of them and pla-es them In tha hand of
another agent with Instruction to for
mally demand payment.
1. The incorporating into a mortgage ot
provisions as to payment of taxes, which
would oe the mortnagee's right independ
ent of such provlaion, does not affect th
neirmlahiltt v nf tha instruments.
U1U. Lincoln agsinat Janesch. Krror
from Lancaster. Affirmed. Bulllvan, C. J.
1. A statute Imposing upon lot owners
In a city the duty of repairing sidewalks
in the public streets adjacent to their
premise violates no provision of the con
stitution, and is a legitimate exercls of
the police power of the state.
2. The duty to keep sidewalks In repair
and free from snow and Jce, prescribed by
subdivision 6, section 61. of the Lincoln
charter tC'h. 18a, Art. 1, Comp. St.. 1896).
is Imposed primarily for the benefit of
the general public, but ultimately for the
advantae-e of the city.
t. When 'a duty to repair an adjacent
sidewalk is lawfully Imposed upon a prop,
erty owner he Is liable, according to ths
Intention of the legislature, for all dam
ages resulting from a failure or refusal
to perform that duty.
4. In determining tha Intention of the
legislature, nil provisions of the statuts
bearing upon the point In dispute should
be taken Into consideration and given due
6. Statutory provisions giving the mayor
and council and street rommia'ionor coin,
pleto Jurisdiction and control over atreets
and sidewalks, requiring abutting lot
owners to build and repair rldewalka In
accordance with notice from the city au
thorities, snd making such owner lisbl
for all damages resulting from defective
walks, conrtrued and held not lo Impose
on ebutters and absolute ' it ti repair
on their own motion, but o'.ly 1 dily to
repair after being notllled tu 10 do by
11128. Hobbs sgalnst Wartnan. Appeal
from Custer. Affirmed. By th court. Per
Judgment and order! ef the district court
are presumtively right and will not be re
versed unless error affirmatively appears tn
11118. William eaalnst Taylor. Appeal
from Lancaster. Affirmance. Hoicomu, J
1. An annralitement dulv msde of real
estate for the purpose of a judicial sals
cannot be successfully attacked solely on
the ground that the property has been ap
praised too low. To make the low valua
tion a successful around of attack on the
appraisement It. must be chsllenged for
fraud. Brown V. Kltspatrlck, M Neb., 61.
2. A district court In the exercise of It
equitable powers has authority to set aside
a ssle of real f state made In foreclosure
proceedings ar.d direct a new one If the
property nas been sold for a sum mani
festly lnndeouate. not wlthstnndlng It was
sold for more than two-thirds of it!
3. Order of confirmation will not be Set
aside solely on the ground the appraisers
of the real estate sold were mistaken as to
1114. Raymond against Schrlever Bros.
Error from Dakota. Affirmed. Holeomb, J.
I. An action for relief on the ground of
fraud mav be commenced at any time
within four years after the discovery Of
tacts constituting tne rrauu or 01 iscis sui
flr.nl tn nut a neraon of ordinary Intelll
gence and prudence on inquiry which If
pursued would lead to such discovery. Par
ter v. Knhn. 21 Neb.. 41S.
1. The ltpse of four years after the dis
covery of the alleged frauds or of such
farts as were sufficient to demand such In
vestiaatlon by plaintiff an would have die
rlnaed the alleged frauds, bars an action
brought for relief upon the ground of such
fraud. Horbach v. Marsh, 87 Neb.. 22.
1. Th mere fact thet a party defrauded
haa the opportunity or power to Investigate
and discover the fraud without any facts or
elua thereto which would cause an ordi
narily Intelliaent and prudent man to make
an examination which If followed up would
disclose such fraud will not set the statute
4. Petition and the evidence In support
thereof held sufficient to establish Plain
tlff'a cause of action and tn sustain the
Indarment rendered In the action.
. ' ,. . II.. M ...
lllOifi. J nomssen agninai nan uumy.
Error from Hall. Affirmed. Klrkpatrlck,
C. Division No. 1. Reported.
1. An action Proliant against a county
treanurer and his bondsmen for the reeov
ery of moneys alleged to have been eon
verted by such treasurer, Is not prema
turely brought ir commenced arier tne ter
mination OI tne lerm ot omce oi sucn
treasurer and after he ha alven a bond
and qualified as bis own successor In office
1. in tnis statu a county treasurer is an
Insurer of the funds which come Into his
hands ex-officlo and such treasurer and his
bondsmen cannot In an action by the
ennntv tn recover funda not accounted for
plead that such funds were lost without
any fault or neglect on th part of the
treasurer dv tne ianure oi a uann in wiucn
thev were denoalted for safe-keeping only
and in gooa laun, ueueving iucd pan iu
be solvent. .
i in an action . bv a county against
county treasurer and his bondsmen to re
cover funds alleged to have been converted
by the treasurer It ts not error to compute
Interest on such funds from the date at
which, tinder tne terms oi toe statute anu
the official bond, tne funds should nave
han accounted for and turned over to the
successor in office of such county treasurer.
11 bfu. Bhsughnessy against oi. Ano-ews
Church. F.rror from Johnson. Reversed.
n.tia-wl?k. c. Reported, uivision mo. z.
i ai action in ejectment cannot uv win1
r.ilued during the pendency ot a prior
action In equity between the same par
ties, in which plaintiff alleges that de
fendant Wtongfully withholds possession
of the same property from the plaintiff,
and asks to enjoin the defendant from
vcindina- the Dlnlnllff therefrom.
liTNO ciiun'v ot lie i against i nomasen.
Error from Hall. Affirmed. Jvlrkpatrlck,
C. Division No. l. iteportea.
i under in terms or toe statute Dro-
vidlng for the depositing of publlo funds
by th county treasurer lu depository
hanks., a depository bond of such bank
Is a continuing liability, which can be
discharged only by the paying out of the
funda deposited on account of the giving
of the bond. . .
2. An onttoinc county treasurer aeiiV'
ered to hi successor two checks In lieu
ot cash, aggregating I10.0U0. and covering
that sum of money deposited in a Dana,
which had ouallfled under the law as a
deooaltorv af eountv funds, and took such
checks to th bank and had them certi
fied Instead of drawing out tne caan, arter
which the bank failed. Held that this
transaction did not amount to a redepoelt
of the funda a a ceneral deposit, ana
that the liability of the bank upon it
danoaltorv bond cont(nued.
12JS3. county or t.aas against county
of Sarpy. Error from Barpy. Reversed.
Ames. C. Division No. X. Reported,
. L When a public bridge has been con'
structed across a stream dividing two
counties, each county may be compelled
at the suit of th other to contribute
toward tha expense of necessary repairs
urion the same, slthouah there may be no
contract between the countlea for th
bulldlne- or reoalr of the atructur.
2. An amended statute Is to be construed
In Its application to subsequent transac
tions precisely as though It hsd been
oris-tnally enacted In Ita amended form.
litTtl. Leo against State. Krror from
Douglas. Reversed ami -remanded. Hoi'
comb. J. Reported.
1 While it la the right of the trial Judge
to Interrogate witnesses when eeeentlal to
th administration of Justloe, yet the prac
tice of ao doing, except when absolutely
necessary, should be discouraged. The
common law rule conferring arbitrary
power upon trial Judges has been so far
modified by the code as lo greatly limit
thla iiower. and. In case or Its souse, a
reviewing court would not hesltste to give
a new trial to the injured party. Fager
against mate, zz iet., sai.
2. Held, as disclosed by the record, there
was an abuse of discretion by the trial
court In interrogating different witnesses
during the trial of the cause, which wes
prejudicial to the rights of the defendant.
1. While a police officer waa on the wit
ness stand in behalf of th prosecution
the asslstsnt prosecutor, after an objec
tlon to a question propounded to the wit
ness, stated: "1 want to show thst he
(the witness) haa known him (the ac
cused! a long time and had him under
observation lor other Jobs," and also on
the cross-examination of the accused, who
testified as a witness In his own behalf,
asked him: "Have you ever been ar
rested before?" "Have you ever been
convicted of a crime?" "Isn't Is a fact.
Mr. Ieo. that you have served time In
the penitentiary in tne state or Ne
brarka?" "Have you ever been ronvicted
of a crime and sent to the state peni
tentiary at Lincoln as a punishment for
that crime?" "And you never at any
time were convicted of a felony and aent
to tne state penitentiary at Lincoln?'
-1 nere Ding no competent evidence of any
prior conviction of a felony, held auch
action unwarranted and prejudicial to tha
defendant's substantial lights, for which a
new tnai snouia D granted.
CURED TO STAY CURED FOREVER
tainted with lt the 4lssas may jtisailfest Itself a Lte wTh mt ataraaula.
RheuanaUo Tains, nun ar aweiiea J.its. aaruptiens ar t eevea Colore: stoat aa the
nn account af It frightful hideouaius. Blood Paia4raf la camaaenlr called ta
ng ef ail Dtseee. It may be either hereditary afoaaw acted. Once tha system la
wto f wore aula, axen
SSuSa Ftlual MWatta u t
tun ar uoav. nine tdoera in toe aawa or aa taa lensua. Bar mr.ki. aaraiian
Tenatia. FaJliag aut of tha Hair so fcyasrows. as. fmeiiy a Lapraua-llke Decay ef
the rtu an bona, jr you cava say at taesa or suru.r symptoms, get lXOWN'l
BtiA.'U (.ins irnmeaiaieiy. in nwiiroK u swucuiy Las result af lira work.
It cerium ne daogoreua aruo er tajt.ttaua jnedMnea ef ana- kind. It saaa to th
verv rettom or tki XMsease juiaiaroas eut rverr partiei ar imiuntt. n.r.
atg'.i an4 ymstiu saii' octmpiatsly sr. forever. Th , the tiaauA. tha
flesh, tha fcanee and th whole a st clean., purtnaa aad restored to aeerect
twaKh. an tha peitetit: prepared suss rer Mte dutta aad piaaawra ef Ufa. IBdWN'l
hLXetib L'L-XH. ts.-a JSottia k t aaealh.
I14 Oaly by Skeraaaa at sjat taBell Drig Oa lOtk aad Btada (., rnaka
' ' -
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