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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. n 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 Owii "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 Sme. "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 It harder. -- 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 money. . "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 Their Memory. 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 cilitate business. 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 mously adopted: 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. Colds 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 farala. 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 Hpeetaters. The two-man bowling tournament opened last night at Clark's alley pefgre large crowd. Scores: 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 Be llrla. 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 railroad. 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 Their Meeting;. 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 Aeeeated. 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 llllaala City. 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. TvBty-Reaad Draw, 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 Creek, MlJi. flfefsfafiGS'! 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 Bull's Cough byrup BsTssrsssssj which ha been the standard for over fifty years. tends ot cases of cough, coias. grip, asthma, and indue asa. 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 trial. 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 ceived. 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 rightly oeterminea. 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 mortgage debt. 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 appearance. 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 wel-ht. 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 satd authorities. 11128. Hobbs sgalnst Wartnan. Appeal ts ap- from Custer. Affirmed. By th court. Per curiam. Judgment and order! ef the district court are presumtively right and will not be re versed unless error affirmatively appears tn the record. 11118. William eaalnst Taylor. Appeal from Lancaster. Affirmance. Hoicomu, J Itenorteri. 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! Brained value. 3. Order of confirmation will not be Set aside solely on the ground the appraisers of the real estate sold were mistaken as to Its value. 1114. Raymond against Schrlever Bros. Error from Dakota. Affirmed. Holeomb, J. Heltnrten' 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 to running. 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 Kl 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 ' ' - A TWENTIETH CENTURY NEWSPAPER. There is no newspaper in the United States published in a city of less than 150,000 inhabitants that ranks with The Omaha Bee, as complete, up-to-date and well edited newspaper. It is recognized as the representative paper of the Trans, mississippi region. The Bee prints all the news; it pre sents it well arranged in readable form; it throws its searchlight on all - public institutions without fear or fa. vor; it has been for 30 years an un tiring: worker for the interests of the people of the great west, of Ne braska and of Omaha. THE OMAHA BEE Dolly and Sunday per Year BY MAIL. 15c Per Week by Carrier Without Sunday J4 Per Year by Mall. ' Without Sunday 10c Per Week by Carrier. Sunday Only $2 Per Year by-Mail. How The Bee is Made The Bee ha without question the best me chanical plant In the west. The typowttlng is done on twelve Mer genthaler linotype machines,- and this bat tery of ruacbineB U kept in operation-night and day. in order that the latest new may go into each edition of the paper. The prinUng is done on two double supplement Hoe presses. These giant machines each hare a capacity of 24,000 eight, ten or twelve, page papers, or 12,000 sixteen, twenty or twenty-four-page pa pers. With an equip ment of this kind, The liee is able to consume the least possible time in printing the paper, in order to make con nections with train, and this ts the rea son why The Bee Is able to print later news than ita competitors. The Illustrated Bee There is only one other paper In the country which prints a half-tone supplement that compares with The Illustrated Bee. The . quality of the pa per and. engravings, as well as the pictures, place it in a class, by itself. The Bee has its own photographic de partment, so that noth ing of intereest to be presented to our read ers, escapes the eye of the camera. Bach week's issue contains Frank Car penter's letters illus trated from his own unap shots, and these alone are worth the price of a year's sub scription. The holiday and spe cial numbers of The Illustrated Bee com pare favorably with the best mae-Kiines. The colored covers are works of art, and the special IHuHtration most pleasing. A Bigger a Better as Well as Newspaper. Most of the issues of The Bee are ten and twelve pages, so that it gives its readers a greater number of pages than Its competitors by from twenty-five to fifty per cent. Not only does it print a greater number of pages, but the pages are over an inch deeper. On twelve pages this amounts to eighty-four Inches, or about four full columns, over a half pge, vud in addition to this, its columns are about four per cent wider, which ' makes a twelve-page paper cantata over three col umns more reading matter than a paper printed with narrower columns Ths Dec Publishing Company, Bee Building, Cmahi, Neb. 1