Nebraska Newspapers

    THE OMAHA DAILY HEEj SATURDAY, MARCH 22, 1002.
9
i
COLLIER LOSES OS A FOUL
EferM Mont Gives Sbodei Deciiion la ths
Third Bound.
CLtAN BREAKS ANNOY THE FIGHTERS
Seesna to Hitt Better af Am-
sweat All Threw a Brief
Oeear Otriitr Stepe
.lee Cleaeaa.
MAHER LASTS TWO ROUNDS
Irishman U Completely Knocked Out by
Gui Bahhn.
flan la staalla'e fraai la T of
Ikt 4oa aad Fter la Meat
l. a H(Tf Bala at
Blew.
Aa unexpected rder by the police that
ths fighters should break eieea from all
clinches epoiled a keea mill la tbt Rhodes-
' Collier to laat Bight, gave lb decision to
Rhode a foul la tbo third round, snd
eat a Urge crowd of sportsmen ham from
Washington hall disappointed tad disgusted
Each man wae a straight Queeneberry
tighter. Collier baring never fought cleaa
tbreak befora. ..Tha restriction fuddled both
tof them, and gave tbe advantage to Rhode
f'baeaoaa of hta superior height and reach.
which made bin th better distance Bghter
of tba two. la the first round both mea
Ignored the order considerably, a ad fought
Ha a paisled war, though fiercely, because
of their aturapt to remember tba rule.
At the cad of the rouad Referee Sandy
Morse warned them both agaiaat further In
fractlon, and la the second Rhodes caught
joa eomewhat. while Collier continued to hit
jwrlth one arm free. At the close' Morse
j warned him especiallr, and whea he hit
' Rhodea three times la the stomach with a
'free era la the third round Morse stopped
them gnd gse Rhodes the fight on a foul.
Forty seconds of the round hsd goae.
Mem Finish Fresa!
As far a they bad fought Rhodea bad tbe
batter of tba argument, though each man
wee perfectly fresh.. Rhodes took every
advantage af bla long reach aad height and
leaded maay head- aad face blows. Col
lier's chief strength Is infighting, anyway,
ad he always r el lee much on that, so the
proscription on It was Ilka tying one head
behind his back. He bored la, however, and
fought every minute. Rhodes wss the more
careful, aad looked to be getting a better
lead for a decision every minute.
Referee Sandy Morse found himself la a
dlfeeult position, la explaining his deci
sion later ha said:
"Bath mea were guilty la tha first round.
Ia tha second Collier was tha worse of
fender.' 1 hsd warned htm repeatedly, and
gave him a last Up before tba third com
menced. He replied that he couldn't help
It. ha couldn't .hold that right back. Then
he hit Rhodea several tlmee In a clinch, and
I gave tha latter the fight" - ;
It Is thought that tba men will fight again
soon. Behind. Rhodes were Paul Murray,
Pet Rooaey, Hugh Trent and Tom Burke.
I Collier's corner wera Oaear Oardner, Ed-
die Gareaer, Willy Haley, Danny Haley aad
trick O'Keete. Jr. Both coatestants were In
superb condition, and each weighed about
144 pounds.
Osrdsef taa Gleaaoa.
lb the lightweight preliminary between
Oscar Oardner aad Jo Gleaaoa, Oscar ful
filled his promise to stop Joe In ala rouade
by putting him so badly off watch la the
aecoad that - Referee Morse stopped the
match afterv two minute of it and gave
Gardner the decision, Oleason waa very
game, aad eama back for mora every time.
but Gardner almply played with him, aad
kaocked him down five time In the second
round. Gleaaoa wss crawling to bla feet
gala, but waa clearly done.
Ia fierce fight Paul Murray mad abort
work of Tarry Mustaln by putting him out
after one mlnuta and fifty seconds of th
first- round at what -era scheduled for a ala
round go- Murray first put Mustain down
with right hook to the law, and then down
aad out with a right hook followed by a left
uppercnt. - .
Ted Williams won from Fred Talbot In
tha third round of a' scheduled four. Wil
liams was outweighed, but waa quicker and
had a punch. The boya are colored light
weights. -
Marten Melatyr challenged tha wlaaer
af the Rhodes-Collier affair. It waa aa-
aouaced that a match haa been arranged
between H. Smith and Clarence Forbes, who
clalma th featherweight championship of
th world, to be held in Omaha ia April.
Sandy Morse refereed all events. 8. S.
Smiley was timekeeper.
ERNE PLAYS WITH GARDINER
were light. Erne put two rights to Gardi
ner' jaw aa tbe round clreed. The eennd
blow wss a vicious one that shook Gardi
ner badly.
The third round wae a repetition of the
first and second. Erne blocked all of Gardi
ner's counters. Gardiner went to his cor
ner badly used up. the blood pouting In a
stream from his note and mnutn.
The fourth and fifth rounds were a bit
but with poor in the last round" FIGHT SCHEDULED TO RUN SIX ROUNDS
varmnrr wa iiapm witn m ten im tne
Jaw aa soon as he left his comer. Erne
shot them in hard and fast and Gardiner
backed around tbe ring, Irving to protect
himself. Roused by the yelle of the crowd
he made a brief stand, sending left to
Ernes Jaw. right to th rib. A second
later be carght Erne on the back of the
neea wrtta a riant imon, wnen r.rne jaonei
his none with a atralaht left. For lb ret
of the round be did nothing but take left
punches In the face.
In the preliminaries Tommy ftulllvaa of
Brooklyn defeated Eddie "prague of
Pt res tor. Rnrague'e seconds throwing up I
tne sponge in me aeeon roun.
PHILADELPHIA. March XL Ous Ruhlla
aad Peter Maber met at tha Industrial
Athletic club tonight for a sU-round go
ta tha latter oaf of tha second round
GIVE TOM SHARKEY A CHANCE Maher went down and out on a hard left on
tbe Jaw. Ruhlln bad th better ei tne go
Jeffrie Peal Ray File la Acting
ad Aak Sailor to Fill .
Breach.
LOS ANGELES. Cel.. March tl.-Tha
Century Athletic club today wired Tom
Bnarkey. the pugilist, asking unuer wnat
as fsr aa It weat, he repeatedly rusaiag
Maher to the ropes.
In tha first rouad the men rushed to
clinch, Ruhlia Jabbed bla left to Peter's
fac twice aad they again came t a clinch.
Gua again Jabbed hla left to Peter's face
and got a light on the ear. Several ax
terms he would tske Fltselmmons place ebangea followed without particular dem
and fight JefTrtee In thla city during the I . ,,. . fc.
first week In May. I sge. Msber then plsnted a right on Run-
lln's eye. bringing first blood. Tba men
wera sparring at tha bell.
In tbe aecond round Peter opened with
left on the forehead aad received on on
tha Jaw which seat him down for the count.
Gua then rushed Peter to tbe ropes and
after an exchange smashed Maher agala en
the Jaw. Maher looked weak and was again
rushed to the ropea, with Ruhlln landing
right and left. After a few light exchanges
Peter was again aent to tha rape, with
fina lahhlas- him reneatedlv on tba chin
IMS ."5 ZF&M? th.Ve Oa. then smashed right and left to th Jaw
will stanl for it. and in trie end there will
be no fight.
The club has not hesrd further from
Fltselmmons and refuaee to accede to his
demands for a larger purse and percentage
trmn it originally ottered.
OAKLAND. Cel.. March II Blllv De-
laney, representative of James J. Jef
fries, this morning said: ' "From tbe ac
tion taken bv the Board of Buoervisora In
Ban Frsnclsco yesterday awarding the
April permit to the Tooemlte club. I Judge
that the 'Frisco people hare given up ail
hope of getting the fight. FILselmmona Is
simply looking for an advertisement. lie
Is up to some dodre to keep hie name be
fore the public and I told Jeffries eo In
ivew torn- wnen we mat tne nrst nitcn.
peal from Douglas. Affirmed. Holcomb. J.
iirrt. ppears against state, terror rrom
Holt. Reversed. Bnlllvan. C. J.
1. The defendant In a proceeding for the
prevention of crime mav he taxed with
roets only fit where be Is held to bsll by
the district court, end O. where, for wsnt
of bsil. he Is "nt to prison.
x. sections pjv end l or tne tnminai
Code suthnrltes the tasstlon of coets only
In rsses where a crime has been chsrgfd
ad there has been a conviction In accord-
nc with established procedure.
These opinions will not be officially re
ported:
No. WMl.'Bchrandt saslnrt Tours. Error
from Shsridsn. Affirmed. Day, C, depart
ment No. 1. Unreported.
1. In an action broueht bv plaintiff to
recover damages for a breach of contract
whereby he was to recelTS ss com pen set Ion
for caring for a Dock of sheep one-half of
the Imreaae and one-half of the wool clip.
held, that plaintiff was entitled to recover
aurh profits or advantages the direct and
Immediate fruits of the flock aa were lost
by such tresch of contract on th part of
th defendant.
1. That Di-ostiectlve sains srislns- from
probable increase of the flocfcr snd the
probable wool clip are not so uncertain am
contingent ss to prevent proor Dy experts
of the amount and value of such Increase
and wool clip.
t. It ia within the discretion of the trial
court tn limit the time tor srgument to
he Jury, and an order so ltmltlne time
presents no question for review, unless It
Is made to appear that the arguments were
thereby unduly restricted snd thst the time
Hotted to the romplslning party wss con
sumed. Dixon against State, M Neb., KW.
No. lOftlo. wells against Frarer. Error
from Red Willow. Affirmed. Barnes, C,
department No. t. I'nrep-irted
l. This court cannot consider or naaa uoon
assignments of error when the record fells
to snow any rulings on or exceptions to
the matters complained of In the court
below.
1 Evidence examined and held to be suf
ficient to support the Judgment.
No. 1UC17. School District SO, Xemeha
County, against Burress. Error from Ne
maha. Affirmed. Pound, C, department
No. X. Unreported.
1. An individual has no right of action
againat a public officer for breach of a
duty owing to tbe public only, even though
tab Feras Loses.
SAN FRANCISCO. March M -Al Nell
knocked out Rube Ferns In the twelfth
round of a scheduled twenty-round con-
test.
and Peter went down and out. Tba bell
found him on the floor aad his aeconds car
ried htm to hla corner completely don for.
He, however, revived la a short time,
HARD BLOW DEALT BOOKS
GILBERT GETS FIRST MEDAL
Spirit Lake, Jawa, Mas Shla Twea-
ty-SIa Straight at Iadlaaa.
Twarwasseat.
INDIANAPOLIS. March Il.-Fred Gilbert
of Spirit Lake, la., again took the honors
at the Limited Gun club shoot todsy, win
ning tne uratifl central Handicap with a
with F. E. Hlcka of Columbua. O.. who
killed 2S straight, but who missed the first
Dira of tne snoot-on:. Hicks set tne pace
for the contest, being in tha first eauad.
while Gilbert waa several squads down the
list. Hicks had a bit the advantage, too,
for be shot from the twenty-eight-yard
Saeeesslve
Make
Victories af
Thtaa-e Bad
th Plajers.
Faverltea
for
8.AN FRANCISCO. March Jl.-Favorites
woo at Oakland today and some of the
books were hit hard. The last event re
sulted in sn upset. Vaiencienne. the
favorite, failing to get any of the money
Mallawaka. tlayed from U to 1 to 7 to V
proved the winner. Skip Me. quoted at 80
score of 10 straight. He Tiad to fight It out I to 1. at one stsgc of the betting, waa Sec
onal, w niie r onao, snctner to l sn-it, waa
third. While at the post In the first race
Axmtntater was cor sen ana osaiy cut. lur
sela best the sate and won easilv. Invie
tus fell at the first turn in the third race
and then ran away three miles. Lady
Meddlesome, winner of the fifth race, waa
mark, while Gilbert was on the thirty-two-1 bid up from 300 to V0 by William Ms-
yam mars. 1 1 was inf ihobi severe nairai-i grane- ami Anor oiaaeiy retaineu ner. l ne
ceo ever given man at th traps in In-1 western Produce stakea for I-veer-olde
dlanapolls. I with ts.000 added, will be th feature of the
lonaiaenna tne nanaicap. wttn tne otner I program tomorrow. Kesuits'
experts shooting at a yard eraser, thel First race. Ore-eighths of a mile, sell
work of the BDlrtt Lk mao wss an the ling, maidens: Tarsal won. Filttlna sec
more oriiuant. ne naa sera swiri piras, ona. ivnocaings imra. lime: iw.
too. while Hicks had lltUe th betur of
It in this. . ..
To two men divided first money and
ahot off for the medal. There were twenty-
seven entries In all and tha first money
amounted, to $777.54, netting each man
S13S.76, from which la aubtracted hta en
trance fee of f2S.
The second men were Rhosd. Head or
Peru and Fox, who divided tMs.10. The
third men were Ahlere, Vorlee of Crsw
fordsvllle, Helkes of Dayton, O., and Budd
of Iowa. They split up S?3.tt- The fourth
hols men were Rlke of Dayton. Clay, Phil
young ana Neai. rne money amounted t.
tn 44 and waa split Ova ways. The birds
were the beet thst hsve ever been trapped
In Indianapolis and tbe shooters hsd their
hands full In bagging the game.
Tne aay waa not tne seat tor snooting, a
Kw gray aay nanging most oi tae time
Second race, one-half mile, eelllna
Nigrette won, Escarola aecond, Tom Mit
cneii third. Time: e.J.
Third race, one mile and fifty yards, sell
Ing: Lento wen, Harry Thatcher aecond
Windward third. Time: 1:44.
Fourth race, three-quarters of a mile
selling: Rubua won, Rubtno second, E. M
B ran on tnira. Time: 1:1.
Fifth rare, one mile and fifty yards, sell
Ing: Lady Meddlesome won. Limelight eeo-
ona, urana nacnem tnira. t ime: l .
Sixth race. Futurity courre. selllna: Mai
lawaka won. Skip Me aecond, Fondo third.
Time: i:u.
naaaT Galaa th Day
In
NEW ORLEANS. March tl. Horns-
the Is st rsre. waa the only winning favorite
today, uautama. wno won tne nrst race,
Toward the latter Dart of the afternoon a I waa backed from u to l to 4. Results:
brisk wind act ud which cut acrosa ther First race, on mile and a sixteenth
range at a lively clip and mad the Judg- f Oautatna won. Love's Labor second, Roae
of tbe bird much more difficult.
'Here were but three . anecv with clean
scores after the fifteenth round, when J. L
Head of Peru fell down. The spectators
grew more Interested ss the shooters
neared the twenty-nrtn Dim. hicks wss
of Msy third. Time: 1:61.
Second race, selling, four furlongs: Step
Arouna won, june iisie eecora, ttoyai ue
ceiver tnira. Time: e:oi.
Third rsce. selling, one mile and a
eighth: Doctor Stephens won, Swordsms
th first to kill and he received an ovation I second. Major Manslr third. Time: 1:64-
aa he stepped bark from the handicap
mark and met many congratulations. When!
Ul bert baaaed his twenty-firth bird he.
too. wgs roundly cheered. In the shoot-off
hicks got a swui incomer, wmcn ne
winged, but loat. It flying far .out of
bounds. -
Gilbert took a deliberate ahot at a fast
one going at right-quarter and brought
him down witn tne nrst barrel, nut ne
used the second to roske sure of the medal.
an agreement having been reached to
divide first money.
Fourth race, h and lea d. one mile: Lofter
won. Eva Rice second, Johnnie McCarthy
tnira. Time: i:wy
Fifth race, six furlongs: Pyrrho won
Marie Bell second, Moderator third. Time
1:1
Sixth race, one mile and seventy yards
Jessie Jsrbo won. Imp. Albula aecond,
Free Admisalon third. Time:
Seventh race, selllna. one mile and a
eighth: Homage won. Joe Doughty sec
ana, noes pa tnira. lime: i:ssv(.
READY FOR THE BOAT RACE
Beta Are Three t Oat aa Cambridge,
bat Oxford la Ikswlag
Better Faras.
Paaada th Philadelphia Lad
Over th Body aad
Faee.
AH
LONDON. March Althouxh the bet
ting on the annual Oxford-Cambridge boat
race, wnlcn taxes pisce tomorrow, is s to i
In favor of the Cambridge crew, the Ox
ford oarsmen, latterly, nave improvea
enaueh to Dramlaa a batter atruaale than
given the decision over Ous Gardiner of the prophete' anticipations.
Fhlladelphl at the and of alx rounds to- g,,,. cr,w, finished their heavy work
thla morning and went to the Queens club
this afternoon to witness tba annual field
porta between the two universities.
In th opinion of th experts, Oxford's
nly rhanc la to press Cambridge for th
nrst couple st miiea, in wmcn case in
light blue (Cambridge) may possibly
..aLai mm. A etMtta iinaKla tea Ira. ax nnlhar
During th first five rounds Gardiner did I h There are twa Americana. D. Mll-
nnt averaaa a lead to a round, depending i . . i n uniM,m kmikiM in ih.
entirely on counters, which Erne blocked I fwij Knai Ther have ahown aood form
almost Invariably. In the last round Oardl-I throughout their training.
ner. spurred to action ty tne noota or in goon after th sports begsn rsln corn
crowd, started In to fight, and Erne nnrd (ailing and there were showers
Bromptly aattered him all around the ring. in,crv,i,, while hail storm delayed
rdioer then went back to hla old defen- th ,on Ump. Tha only really exclUng
slve tsctlcs. In the first round Erne, after NnMt the mile run. In which only a
CHICAGO. March tl.-Frank Erne was
night. The fight waa Erne's froa be start
and the Issue waa never in doubt On th
aieena-th af hla recent victory o.er tic
Fad den Gardiner waa thought to hava a
good rhanc with Erne, but he put up a
verv boot flabt. He Wae throughout on
the defensive and it waa decidedly poor
defensive at that
Twa Favorite Wis.
CHARLESTON. S. C . March tl.-Ventero
Garacia and Frank B were th winning
tavoniea at tne cxpoauioa iraca toaay
Results:
First race, selling, six furlongs: Ventoro
won. Ldy Riley aecond, fudge third
Time: 1:Z1. . .
Second race, selllna. five furtonas and
half: Capitolta won. Mollis Brooke sec
no. rnemi jack tnira. Time: i:it.
Third race, selllna. six furlonas: Grsti
won. Vlrgle O second. Ruby Riley third.
Time: i:a.
Fourth rsce. selling, four furlonas and
half: Alsora. won, bamlvel aecond, Cordor
third. Time: a:67.
Fifth race, aelllng. seven furlongs: Fran
B won. Prince Eeher aecond. Sir Kenneth
11 tnira. Tim: i:m.
RETAIL DEALINGS ARE LARGE
All Lines of Wearing Appgrel FmI Eastern
Stimulus.
NUMEROUS EVIDENCES OF IMPROVEMENT
Valaalary aad Sirtke Advaaee la
Wagee Star say Weather ABecta
Wkeal-ttraai Expert BweW .
ess la Oralae aad Steel.
NEW YORK. March 11 R. 0. Dun A
Co.'s Weekly Review of Trade tomorrow
will ssy:
Evidences cf further Improvement sre
numerous. Labor controversies are leee
threatening, many settlements hsvlng been
effected, while others are momentarily an
ticipated; wages hsve been advanced not
only through strikes, but In some csees
voluntarily. Trsfflc congestion has been
subsided until it is possible to deliver
goods . according to apeclllcations. Aside
from some Idle footwear shops tbe lesdlng
lines of manufacture are fully engaged,
while the Jobbing trade la of exceptional
magnitude. Retail dealings sr slso very
Isrge. the eastern stimulus being felt In
all lines of wearing apparel. With domestic
demand so vigorous It Is especially en
couraging to notice a gain for the last
week in foreign trsde at the principal porta,
rreasarc for Iran aad Steel.
Pressure for Iron snd steel has not
diminished ther perceptibly, yet the Im
pression is growing that after July 1 the
situation will become approximately ioi-.
mal. and It will be poaalole to secure de
liveries with some degree of promptness.
This is the more probsble ss there haa
been a further stlffenina of Quotations and
additional importations, which would have
been much larger but for the advance In
fnrolen market.
For some time to come It la probsble that
foreign rom.nerce exhibits ss to this in-
6nV"Sr. -"'; -J''. A. s7e rSS nl of
I. The duty Imoosed upon county cor
mtsstoners under section 11, subdivision 2.
chSDter Ixxlx. Cotmlled statutes, of levy
ing the tax voted by a school district meet
ing sna eerttnea by rne district board, is
one owing to the nubile only, and county
commissioners wno in gooa raitn out oy
mistake levy less than that voted are not
personally liable to the school district.
X The like duty Imnneed uoon the enuntv
clerk by aection 77. article 1. chapter Ixxvll,
Compiled statutes, is one owing to tne
public only; hence a county clerk who by
mistake omits to levy the tax reported In
accordant with said section is not person
ally liable to the school district.
4. The duty Impoaed upon the county
clerk by section aa. article 1. chapter Ixxvll,
Compiled statutes, or spportioning rail
road property among the several school
districts for purposes of taxation is one
owing to the public only; hence a county
clerk Is not personally liable to a school
district for an honest mistake In the ap
portionment.
6. Where the duty of levying a tax Is
owing to some Individual as well aa to the
public, aa in cases where the levy Is di
rected by a court of competent jurisdic
tion for payment of Judgment, the meas
ure of damage Is not the smount of the
tax which should have been raised, but
only such actual damages ss the Individual
entitled to recover has sustained, such ss
the expense incident to procuring the tax
to te raisea ana any impairment oi out
claim by reason of failure to levy.
- A ludsrment will not be reversed In or
der to permit recovery of nomlnsl dsmsges
unless recovery or sucn asmsges win es
tablish or preserve such right or entitle
the plalntlR to costs.
No. iwn. Darner against Oatewood. Er
ror from Dawson. Reversed. Ames, C.
department No. a. Unreported.
nla Iron, billets snd sheets, while the ex
ports of manv lines of expensive machinery
and other finished products are fully sus
tained. Large contrscts are constsntly
under consideration for structural msterlsl
on domestic sccount. Including railway
bridges, viaducts, car shops ana orace
buildings. In this respect the domestic
consumption this yesr will fsr surpass all
records. Open weather has brought out
heavy tonnage of merchant pipe.
Activity la Shoe Sbopa.
Roth at the east and the west there la a
iiiii more activity In ehoe shoos, vet pro
ductive cspsclty Is not fully engaged, and
new orders come torwaru siuwiy.
prices for leather and hldea may make It
poesiDie ror prouuurra iw nt-i
hirf. in ahirh case sales would increase.
but thua far only two stsple grades have
been shaded. Domestic bides are dull and
depreseed. although competition between
the independent tannera and the combina
tion caused an advance In dry bides.
Advsnced wages at cotton mills means
a higher cost of production and the market
has hardened in consequence. iuinr
mner th new conditions haa not yet been
sufficiently Isrge to establish quotations.
yet some advancea oi z 10 e per wm r
recorded. Export sales sre still checked
by high prices. A helpful festure Is the
Increased demand at southern lobbing cen
ters. ,
Woolens ars quiet, witn oniy a isir
movement of staple lines, though som
fancy gradss are fjlly sold and out of tha
market.
Grata Markets Feel Weather.
Grain markets have begun to feel tha
effects of weather reports and for the next
few montna It will oe a aimpie matter tor
fn an action by a receiver the plaintiff apeculators to aecur erratic fluctuationa
must plead and prove authority from the
court appointing him to begin and prose
cute tae suit.
107W. Btorey against Kerr. Error from
Adama. Affirmed. Found, C Division No.
i. Unreported.
L In an action upon a lost Instrument it
Is not necessary to allege the manner In
wnicn the instrument wss losu
Z. A denial of specified averments "as
alleged In plaintiff s petition." will be
treated aa an admission thereof.
a. where oartlal oavments are msde ttoon
promissory note even after maturity it is
Strength wss conspicuous on Tuesdsy, last
vear's serious injury to corn making quo
tations particularly sensitive to indica
tions of drouth. Another helpful feature
was In the exports of wbest and flour of
4.45T,2S bu. for the week, againat only
t.oW. 472 last week and J.aoo.ws year ago.
Western receipts continued to make an
unfavorable comDarison with the move
ment in 1901, wheat amounting to I
bu. against Oso.KtS bu., and corn l.eno.ftM
bu., tompared with (.074.011 bu. Atlantic
exports of corn Increased Isrgely over the
low record OI me preceeuina; weea w c.net
gregate tt.tM.MS bwshela. againat ln.Ba,JM
laat season.
Building activity la Increasing and himbee
Is botixht ireelv at all anarketa. Hardware
nd w':e nails are ilkewta active. Boot
and shoe snanufarturera are busy on pre
vious orders, bat new business Is light,
pending the trial of strength between the
Jobbers and manufacturer tm the one
hand and between th manufacturer of
shoes and of leather on the other. Esstem
ehoe shipments Isat week were almost cut
In two by tbe Boston tie-up and the former
excess In shipments In fsvor of this eeeon
has been practically lost thereby.
Coal shipments have been no larger than
needed and price remain ateady. Furwae
stacks t iron r unprecMentedly smell,
but supplies of rek sre going forward bat
ter and production ia active, wtth th re
sult that less concern Is felt by consumer
aa to supplies. Premiums for quick deliv
eries are. however, aa high ae formerly,
and eager buying for fsU delivery I till
reported at Chicago and Pittsburg. A
further advance la southern Iron la pre
vented only by tba fear that freight rate
may be advanced. Pittsburg reports an
enormous demand for structural materia. a,
li.noo tons being sold during tbe week.
Ther Is sn Impression ther. however, thet
forge and foundry Iron ar being over
bought. .
Business failures In the Vnlted fits tee for
the week number 17, ss against E4 lat
week. Wl In this week last yesr. 1M In I.
Ul In IK) and tit la IMa. Canadian failures
for the week number twenty -el a. a againat
thirty-one last week and forty-four la this
week year ago.
WANTS TO HURRY TAG SALE
City Clerk Will Aak th Caaaell t
Start DaT Catcher aa
April 1.
Owners Af doga rre procraat Is sting gad
City Clerk W. H. Blboura Is mad. His
madness Is not exactly la tha nature of
hydrophobia, but If any dog should gtt as
mad as tha city tlerk ta th wom of tha
neighborhood would be calling th chil
dren la ft' tbe street aad tslsphoolag for
soske oil.
Tha Irate Mr. Kl bourn aald yesterday
that ha has determined t persued tha
council, if he can, to advance th data of
the dog catcher's stsrt to April 1. Orig
inally it had bees planned not to start htm
out before April 15. but the clerk his found
that no matter what tha date, people post
on tha purchaa of tags until tba eleveath
hour and then come flocking In a fast that
they cannot be waited on. Tha tags hava
been on sals two weeks and yet only IT
tags have been sold. Tbe total will be la
tbe neighborhood of t.tOO, snd It Is ap
parent that the same old tactics of delay
are to be pursued.
At tbe window where the tags are sold
nly ona man caa work at a, time, sad as
tha name of tha dog, the nam of tbs owner
nd description af tha former have t be
recorded large crowd ef purchasers eanaot
be disposed of very rapidly. Maay t them
will not be able t get to tha window at all.
nd possibly th vary axt meratng th dog
catcher will lay tha (ready hand of an In
exorable executioner upon their favarlt
collies aad hounds aad watak them away ta
tha psuod. Ones tha doga ars landed there
it will cost 1 to get os af them ut If the
wner haa meantime secured Lg. and 11
If he haa not. Aad after four days aelther
tag nor dollars nor persoaal acquaint
ance with tha poundkeeper can rescue Fldo,
for Fldo will hava breathed aa air Ilk that
f painless dentist's workshop and hava
passed iato tha great, innocueua hereafter.
BEGGING FOR VETERINARIANS
Army Sllll Trylag Ceat Hats Dc-
tura t Ga le Ike Pklllp
. . plaea.
WEALTH IN WOOL AND HONEY
a proper precaution for the -party making bu., and there Is still a severe loss aa com
auch payments to see hat they are In- pared with tbe 2,361.371 bu. shipped a year
aorse upoa tne instrument.
But there Is
no absolute leaal reaulrement - tnat pay
rnents b eo Indorsed, nor -doea a necessary
leaal presumption that aucei Indorsements
were made aria from the mere fact of pay
ment.
4. Only ona of two defendanta being
Served with process or bsvlng appeared a
verdict against "the defendant" Is a ver
dict against the defendant in court.
6. In such case if tbe sctton sdmlts of
several Judgment the defendant who was
served with process and appeared and tried
the case may not complain thst Judgment
waa entered Irregularly against the other
defendant aa well.
lOMS. Drury against Roberta. Appeal
from Incaster. Reversed. . Day, C. Divi
sion No. 1. Unreported.
In a ault to forecloee a real estate mort
gage the petition must allege whether any
CO.
Cotton showed no response to Mr. Nelll
relterstlon of his early estimate placing
the yield at 11.&0.000 balea. Although 400.
uOA bales more cotton have come Into sight
than a year ago, reports from tne sou in
are almost unanimous regarding tne ex
haustlon of stocks.
Failures for the week numbered W In
the I'nlted States, against 2Z4 last year, and
Si In Canada, against S3 last year.
BRADSTREKT'S BEVIKW OF TRADE
I aaani, bat Caatlawea Active.
NEW YORK, March 1. Bradstreefs to-
proceedings at law have been had for the marrow will say:
Spring lobbing trade baa paesed its max!
recovery of the debt or any part thereof
and when the answer Is a teneral denial mum. bufie still exceptionally active at all
Craeka Oat af Haadleap. ,
NEW YORK, March XI Th following
horses hava been declared out of th
Metropolitan handicap: W. C. Whitney's
Endurance By Right and Elkhoru: J. W.
Bchorr'a flllverdale, Julius Flelscbmsnn's
Irritable. J. R. Keene'a Telescope, Frank
Farrell a D Reaak and William L. Oli
ver a All Gold.
SUPREME COURT SYLLABI.
feinting Gardiner Into belpieaa
stent, la
bewilder
tided bis left on tbe nose . Gardl
ner. clinched and slapped Erne over the
kidneys, his onlv blow during the round
r.rne But four atralaht lefta to the mouth
without a return. He pounded Gardiner
continually, and then put two hot ones to
the mouth, bringing blood. Osrdlner
backed iund the ring with a frightened
look eo hla face and Ern kept cioe up.
putting In bla left to the mouth and noae
wnenevoc ne srreicne ii oui.
In tha second round Krne stabbed Gardl
ner with a straight left to the eye and
fmieht him all over with similar blows.
Gardiner countered three times, resetting
tha ear. cheat and mouth. All tba blows
ITS A CHIME TO BE SICK.
TRIBE'S a SURE rBEYENTIYi;
. aXlTH'S fciEEEN MOUNTAIN
BEN0TAT0R.
foot divided first and aecond man. I The following supreme court decisions
Cos, the American memoer oi tne uxrora nave been nanded down
team, sails for home on the steamer St.
Paul, rrom ooutnampion tomorrow.
Three-Miie-Hun uregson. timnnaie
first; McNaughton, Cambridge, aecond.
Time: l:tV
On-Hundred-and-Twenty-Tard Hurdles
Gamier. Oxford, first; Le, Oxford, sec
ond. Time: s:is i-e.
Long . Jump Cornish, Oxford, wan, J3
feet ' Inches; Msy, Cambridge, aecond.
It feet incnes.
Uxiora laua sec urea tne oaa event.
Smith's Grwen Vlouutsia Renovator has
bean before tba public io its asuvs
boms, Vermont, (or ao xauj years aad
has work4 so niny wonderful cares
that othsr medicines strlvs ia Tala to
supplant It.
It Is tha best of all blood medicines
gad cuiaa aU disease of tbt stomach,'
liver and kidneys.
TVs havs watched its coarse for years, I far each ekie.
and know what we i about whan tga
racomraAad it so highly to you.
Hereto or Its use haa been eonfjned
almost solely to New Euclanai, but now
capitalist bars taken bld of it and ara
introducing It all over tb country.
They bar givan u Uia aula acetic
her. -
Try Smith's Green Uuntaia Renova
tor. If it rtnegn't help you, com rlgbl
back and gt your money.
What other medic in sartkes offsg
IXkatUia?
Caaabrldse-Oafard Casaea.
LONDON, March M The annual Oxford
Cambridge field sports were held todsy st
the Wueens club, this city. A strong wind
was blowing. There wss a good alxed
crowd present. The results were aa fol
lows: One Hundred Tsrds Dash Barclay. Cam
bridge, first; Churchill. Cambridge, second.
Time: 10 3-1 seconds.
Hammer Throw Co (American), Oxford,
won. Distance: 111 feet. 10 inches.
Mil Run Gay Roberta. Oxford. Aral;
Cockshott. Cambridge, aecond. Time: 4
minute, Bl-i aeconua. -
High Jump Smith. Cambridge, won, t
feet S Inches; Dorle-r Cambridge, sec
ond, i feet IV inches.
juarter-Mile Run Barclay. Cambridge,
Drat; Cornish, Oxford, second. Time:
i:tt-S.
Putting the Weight Co. Oxford, won.
Distance: 44 feet I Inches.
Oxtord-Caaabrtda t hese Mateh Draw.
LONDON. March 31 The snnusl rhess
match between Oxford snd (smbridge
today resulted In a draw, with IV games
loston Store
D3UQ DEPT.
COLE AGENCY.
Far aa Airship . -
CHICAGO. Manh n.-A challenge for
an airship race In Chicago, to be held ss a
preliminary event to the t30i.Mt aerial
steeplechaae at the St. Louis World's fair,
waa sent tonight to Santoe-Dumont al
Farla. France, by Tbeopolla Williams of
Chicago. Rules and regulations ainular to
those thst ar to be the vogue al the St.
Louis fair grounds will govern the contest.
Severs! successful tests of ths Colcagoaa's
atiarhlo ate said t have been made.
', ' Ope a Clf Tearaameat.
NEW YORK. Msrch TV Ths annusl open
goif tournament over the elghteen-hole
course st Ftnehurst. N. C. will be held
eo April 11 13 sad 14. There ar eight ailver
trcphiee to be plated for, including it
United North and aouth championship cup.
A large gtumber of entries is expected.
' Fall frwaa Seagal.
NEW ALBANT. Ind . Msrch . Irwla
Brown ot lndlanspolls waa killed and
Frank Loesaa of this tit' wss fatally in-
ure4 bv a e-affokl llr wet at linly
Trinity Cs'hollc church th's evening The
mea tell nil ltl l a urKk pacnt.
11114. Kitchen as-alnat Chanln. Frror
from Lancaater. AUrmed. Duttte, C. Divi
sion No. i.
A married woman I liable on her
E us ran lee of promissory not owned by
er snd made payable to her order, and the
purrnaeer or sucn not is not anven to
n Inquiry of tha purpose to which shs In
tends to devote the proceeds ot a axis
thereof.
X1U. Gonsalea-Mandlebaum Company
against Broghamer. Error from Dawea
Affirmed. Holcomb, J.
Where a bill of exceptions is quashed
and the only assignmeata of error relate
to the tnrroauctlan of evidence aad a gen
eral assignment tbst ths Judgment ia con
trary to th law and the evidence th re
viewing court will only inquire whether
the pleading will support the judgment
rendered.
11348. Moor againat Moran. Error from
Keith. Reversed. Holcomb. J.
1. A mortgagee of real estate cannot be
cause of hie mortgage lien maintain an ac
tion in replevin for the poeeeeakm of prop
erty removed from the mortgaged premises
which he claims aa fixture to the realty.
3. A purchaser of land with notice of title
In third persona to buildln altuated
thereon takes the real estate subject to ths
rights of such third parties tn aad to auch
3. When It la evident thst kauaaa wera
Intended aa permanent annexations t th
freehold I hey become a part of the realty
and paaa with a conveyanc of It, and that
without regard to ths chsrat-ter of ths
foundations oo which they stand. Free
men v. Linen et al. t Neb.. 11
4. A bonaflde grantee ef real estata with
out nolle on which is situated building
used as a residence snd apparently a part
of the freehold will take title lo tbe land.
Including euch bulldlns dlveeted of a claim
ot ownership by a third party whoa tig his
sre oaaea on an anegeo purcnase or such
building from the grantor aa chattel property.
a. A petition Ii. error csnnot be treated aa
a nullity and entirely disregarded because
authenticated In the name of plaintiff In
error by her attorney giving hla name, each
scpesrina only In tynew-ritlna.
11. Moore against Jacob. Appeal from
Cueter. Affirmed. Holcomb, J.
Hainea against Bellinger. Appeal
from Buffalo. Afhrmed. Per curiam.
lias. Omaha Loan and Trust Company
against v aiens. Appeal trom uougiae
Affirmed. Holcomb. J.
1. The filing of a motion to vacate a de
cree under the provision of subdivision 3 of
section el of the Civil Code, doe not of
Itself have the effect ef avoiding or eue
pendlng. further proceed Ui-a In the execu
tion f tbe decree, nor would a a ale made
In pursuance thereof be invalidated because
auch motion had not been anted on by tbe
court, aor wsived by tba party filing tne
a me
3. The action or nonaction ef ' a trial
court oa au. h motion cannot bs reviewed
n aa appeal from a Dual order of con
nrmMtan of sale.
U4 MsrtsiA&t (laat bawmsiattr. Af
there csn be no recover In tbe absence of
nroof austalnlna such allegation of the
petition. Jonea v. Burtia. U Neb.. Sot. fol
lowed.
11094. Jonea against Miller. Appeal from
Gage. Dismissed. Albert, t-. Division iso.
g VnreDorted.
Where, on appeal, the order or Judgment
complained of ia not Included In tbe trana-
criDt the anneal will be dlamlssed.
llHS. Struve against Republican Valley
Railway Comianv. Error from Furnas.
Affirmed. Dufhe. C Division No. 3. I'n-
reoorted.
L In 1887 a railroad company Instituted
nroceedlnas to condemn o iota tor rail
road purposes. The appraiser appointed
by the county Judge found the value of the
lota to be W.WU, and assessed tne aamages
of the owner at that aum. The company
paid tha money Into court, but took an ap
peal io the district court, where before the
trial It offered I allow Judgment to b
takea for 41.364. which the owner refused
t accept. On th trial the owner waa
awarded tl.toO. and Judgment for th coets
acerulna- after tbe offer waa aaeessed
againat him. Thereafter at the request of
the railroad company the owner conveyed
the lota by warranty deed to G. W. Hold
re are, truatee. tha deed reciting that it waa
made to aatlafy condemnation proceedings
in tbe district court. The deed bears date
of December la. Ix7.
1. The lots remained -vacant and unoc
cupied until May, 1. when the former
owner erected a building on the lots for
use ss a real estate omce. ana thereupon
the rsllrcsd company Inclosed the lots with
a high fence, first moving thereon a build
ing in wnicn It sepi itmpi ana on, aim
which certain ef Its employes occupied.
The gets In tbe fence wss kept locked and
ine lormer owner uniru ai-vaa m inv
huildin erected by htm. and h brought an
action lo restrain the company from inter
fering with hta possession ana use or tne
lots, clslmlng thst the company had ac
quired only an easement in the lots and
that he waa entitled to the possession and
us of the same in any manner that was
not Inconsistent witn the easement or the
company. Held, that his deed gave the
company a tee aimpie line to ine ioib, ana
that It war entitled to the excluelve pos
seeslon thereof the same aa any other
owner of a fee title.
3. The plaintiff also cisimea tnat py us
failure to occupy or use the lots for more
than ten years it hsd abandoned all right
or title thereof. Held, that conceding that
the plaintiff s deed should be construed to
convey only an easement In the lots, still
as tb eesement wss conveyed oy aeea it
could only be extinxulsbed by adverse poa-
aeasion for the same length of time that Is
reoulred to extinaulsb tne title of the
owner of the fee.
No. 11275. Miles sgalnst Deming. Error
from Frontier. Affirmed. Dsy, C, de-
nartment No L I nreported
n oraer to review tne proceedings in
Ihs trial of an euuity cause by petition In
error a motion for a new trial must be
filed In the district court the ssms as in sn
srtlon at law. Caughran against Vrosby,
Z3 Neb., n. followed.
No. 11304 Merchants' Mutual Llfs Insur-
anc Company against Smith. Appeal from
k . a . ii. . . . . l ..
ment No. X I ni eportea
Evidence examined and held Insufficient
to sustain a findlna that no proceedlnaa at
law had been had for the recovery ot tbe
mortgage debt.
No. Ilin. Merrill sgsinst Muller. Error
from Fillmore. Reversed with directions
Bsrnes. C. department No. X. L'n re ported.
1. The act of 1897 repealing sections M7
ana ets of tae coo or iivti rrocedure,
commonly knowa aa the deficiency Judg
mem law, doee not affect the plaintiff s
right to hsve a deficiency Judgment entered
In a foreclosure suit on a cause of action
accruing prior to and existing at the time
of auch repeal.
L Much repeal does not deprive the court
of the figbt to suthorlxe the prosecution
f aa action at law on tha note to recover
a Judgment f a deficiency, after fore
closure proceedings, wbere tbe right of ac
tio had accrued and existed at the tlm
tne repealing ac look effect
lloea. BYhaff sgalnst Hamilton Krror I
rrom Butler. Atr.rmed.
N. I Unreported.
1- Where the evidence ia conflicting, but
leadiiia eastern, western and Pacific coast
markets. Continued good crop advices and
Dientiful rains help southwestern trace
wnicn snows a runner increase sna a ions
amoiut the teleareobed reports southern
cotton growing sections show dullness and
hesitation tn wholesale trade, witn com-
Dlalnts of delayed collections.
iron ana steei sun set tne psce. bui
famine" talk la leas aenerally heard, al
though all energies are atlll strained to
meet consumptive requirements ana im
pons or loreign pig iron are noieu. De
spite the aevere storm In the northwest
reflected later In other sections of the coun
try la a recurrence of the wintry weather,
spring farm and trade preparatlona ar atlll
going forwara actively.
Dry aooda are In less active demand a
eastern markets, but the volume of trade
ia good and re-orders are larger tnaa as
Dected.
Wheat, ifter falling to respond to cold
weather crop damage reports, weakened on
predictions or turtner rains in tne winter
wheat belt, but at the decline struck large
export orders turned the tide. Liquidation
has been tne lesture in tnis cereal ana in
corn and oats, which latter are lower on
the week. Cotton prices appear to have
struck desd center, receipts having been
smaller, while exports, though lessened
ara still liberal, but speculatively the situs
tlon aDtieara to have been overoousnt. ru
turea are lihtlv. thoush irregularly
hlsher. while spot cotton remained nrm
in the manufactured section prices aa a
rule remained higher, manufacturer ss a
rule expressing a reserve ana a aisinciina
tlon lo commit tnemseives. trices in gen
ersl sre hlghet on the week. Wool Is firm
larselv owlna to the small supplies avail
able, and the feeling that higher pncea Will
be obtained lor tne new cup. Arrivals or
Austrslisn snd African new wools ara
large, but without effect because of bavin
been nrevtouslv sold.
wriest, including nour. exports tor me
week agregate 4.32 bushels, against z
M.iSO last week snd 3.154.844 In this wee
Laat year. Wheat exports July 1. ial, to
dste tthlrty-elaht weeksi sggregstes 111
44. til bushels, aaalnst 146.42.. TkS laat season
Corn exports sxxregate ifl.i piieneie,
mat in ill and SOS U last
year. July 1. una, to date corn exports ag- '
Tha facultlea of tha veterinary colleges ot
the country are Joining th uartarraaatr
of th Department of tbs Missouri la bis
attempt, to occur sufficient number of
veterinary surgeons t All ths require meats
of ths army la ths Philippine, ' From
sevsral college have come lettara giving
the namea and addresses of graduates who
would probably engage In the service ot
th government oa th Islaads aad tha
chief clerk of th department la aandlag
personal lettera to -each address So give.
Tba scarcity of competent veterinary sur
geons ia working hardship a poa th army
In the tropica. It haa bees found that
horses takea from this country to th
Philippine Islands contract diseases hith
erto unknown to animate, either In this
country or in that, and orders leaned by
tha officers Id command of ths military
depart meats call upoa tha vstsrlaarlana
and officers la charge of horaea ts conduct
experiments looking to suppression of
tb diseases.
Ths principal difficulty ia tha way f se
curing mes for tba veterinary branch la
th comparatively poor salaries paid. Bur
geon hava to contract to remain at leaat
tw yeara ta order to aecure free transpor
tation boms and the salary is hut flM
month. To offset this comparatively low
salary th department la aendtng out
ststemeot as to the cost of Itvlag upon
ths islands snd th relative health f th
mea In th aervlc. which show that the
cost of llrisg Is less thaa It k ia th
Vnlted State aad that ta health of the
mea la resxarkably gvd.
Cectnt Report Shows Both Industries
Increasing ia United States,
YtArTS WOOL VALUE rORTY-riVt MILLIONS
riarca a Prodaet at Sheep aad
Seats, as Well aa Beea, Shave
abeiaatlal Progress
Mad.
WASHINGTON", March II. Tb census
bares has Issued report on sheep snd
goats oa hand Juae 1, 1300, snd their wool
sad hair clip la ths fall af 133 and spring
of 100. Ther were la tha Vnlted States,
Jus L 1900. Sl.sis.ltt ewes 1 year old and
ver; I.013.17S ram aad weathers 1 year
snd over, snd Il.MI.ZS. lambs under 1
year. From th 3MJ7.473 awes, rams and
wthrs 1 ysr aad over were sbora la the
fall of 1st and spring of loo 44.WtI.in
eeces f aa aggregats weight ot 37,9L.li
pound t unwashed wool.
In Som sections of ths country sheep ars
sbora both la ths fall and sprleg aad thus
tw fi eeces sr reported for th same sheep,
ad som further apparent discrepancy
arise from tha fact that maay larmar sell
sheep for slaughter, shearing them befor
th alaughter. Over one-half of the sheep,
ad thus over oat-halt of th wool. Is re
ported from th wsatern nates, of which
Montana has tha largest and Wyoming th
second largest number and greatest quaa
tlty. Tatal K washer ot Goats. .
Of goat, the ceasusu reports a total of
all agee of 1,371,S3, ot which Texas contains
ths largest number, an aggregate exceed
ing one-third ef all in th Vnlted Statea.
New Mexico contributea the largest num
ber, a total of 124.13. exclusive of klda Us
thaa 1 year old. Only a port loo or the goats
reported ar kept for their mob sir or goat
hair, heace there Is reported snly 464.333
fleece of an aggregate weight of t1.3:
pound of unwashed fiber. Th total value
as reported for th wool waa 345.723.73v,
nd ot th mohair aad goat hair 32S7.3S4.
Ths census bureau today Issued corn-
plots report showing for th country ss a
whole ea June 1. lno. ther were 707.261
farms keeping bees, or substantially ona for
very eight farm la the nation.
Vela af All Been.
These farms reported 4,10M! sasnos nr
colonies, valued at 10,13,M3. averaging a
little less than sit swarms to each farm
reporting. Tha twelfth census la th first
to report lbs number and value ot bees
er the number of farma reporting them.
During the year 189 there were pro
duced (1 1M.1S0 pounds of honey and 1.-
tg,31l pounds of wax. of aa aggregate value
ef St.Ml.m, or 9.42 for farma reporting.
Of this value 33 per cent 1 from the north
central. It per cent from th north At
lantic aud IS per cent from th aouth At
lantic, 23 per rent from tha south central.
14 per cent from tb western states snd
.01 per cent from Hawaii. Of the states
reporting honey Texas reports the largest
quantity, 4.7C0.OO4 pounds. California re
ports the aecoal largest quantity. 3.647.7SI
pounds; New Tork the third largest, I.
421, 47. The counties showing the heaviest
productions sre: Fresno, San Diego an 4
Tulare of California, and Tompklo, Cayuga
aad Seaeca ef New Tprk.
LINCOLN TEACHERS IN OMAHA
Aawat Oa Headred of Thea A
VIsltlaaT ta Grad School
Has.
About 'loo ef the grade teachers of Lin
coln apent yesterday visiting th varloua
Omaha achoola. Most sf them earn oa
special over th Rock Island road, aad local
teachers had plsssed ts hav Buperlatead-
cnt Pearse meet them aad direct them to
the various buildings they might wish i
visit. But ths arrival time et tb special
was announced aa S &S aad It arrived at
1:50. Th first that Superintendent Pearse
kaew of ths visiters' presence wss whea
Superintendent C. H. Gordea, at the bead
of tbe Lincoln delegation, called blm by
telephone and announced that they were at
Vnlon station. By the time tha reception
committee ot oaa reached there only
Superintendent Gordon remaiaed. Ths
ther sr scattered ever the city at ran-
COLOR LINE IN LABOR UNION
Central Adepte Reawlatloaa Deaeaar
lag tbe Reperled Artloa af Ik
Tempi Aasoetatl.
At the meeting of the Central Labor
anion laat eight a communication waa read
from the Building Laborers' union stating
that the Labor Tempi association bad re
fused to allow It a meeting place la Labor
Temple for the reaaon. it ia claimed, that
a number of th members of th Building
Laborers' union were colored.
After a lively discussion, the Central
Labor uslon sdopted resolutions denouncing
ths alleged action of the Labor Temple
association as drawing the color Una in
labor ssd that atepa should be taken to
secure a reversal of tbe decision said to
have been mad. Th subject will be fol
lowed up by more definite action If cir
cumstances require It.
The Isw commute reported that the
services of Lysle Abbott hsd been secured
to assist Attorney Oeneral Prout In the
prosecution of th case against the Non
pareil laundry, charged with employing
female labor longer hour thaa permitted
by Isw.
CONTROL OF CITY STREETS
Answer Mad t lalaa Paris la Slf
Peadlag Agaiaat C. ,
laanbas. . ..
Tb City of Columbus. Neb., and Israel
Oluck, defendanta la a suit brought In the
Vnlted States circuit court by the Vslon
Pacific Railroad cempany, bare filed aepa
rate answers ts show why the railroad com
pany should not be permitted to us M
street la that city for railroad purpoees.
The answer denies the right et (he terri
torial legislature to condemn the streets
of Columbus, which st that time was so In
corporated town, aad alleges that ths only
power which cauld give the railroad com
pany title ts tha land at that time waa the
city council and mayor. As these ofaulsU
did nika a dead to tba eomnanv for that
pars the answer denies th validity ef
tbe deed, ssylng that tb ordinance under
which It waa don waa not legally paased
and that th council did not specifically
approvb the action of ths ..-mayor- la
making th deed, snd that even were such
deed valid at that tlm It was conditional,
and that tha railroad company, by remov
ing Ita depot, has violated the' provisions
and Invalid ted tha deed.
rasSBBSBaasaaBsawasBaaaaeasawsw
TLST ITS WONDERFUL HAIR KLSTQnATfVE rOwZJlM
T peeve what this great flair Beautifies wat a lor yea, every Malar et this paper who haf t II J 1 1 I ll.
t tried K awl ts traatfea Itk aaaSrirtf ar a t aa evpeeaac gra y er taead hmlr er hat spas I lIOVS 1 1 II 1 1 1 C II 1 1 II
easy have by saail a sasspis bottle AfOi-UTtJLY r-ltibfi. iSee are bettie erler.) SitaJ w I Ml I tWwtilll
IT VILL KEEP YOU
LOOXIHQ YOUHQ.
ri.ri.ri.au bass s bleaaisg le tbeea
asds wke hav kinn gray sr bale.
rtay's Hair-Health aahraltkfsl hair
leed, rtalariag yeutUul cetar ssd
seamy to gray aad faded hair. Raaasvea
aad etata daaanjg aad atsss talliag
aad braakiag ei the hair. It Is aet a
dye. sad aoauivsly will sot aiacler&
scalp, kaads er rUtkieg. sad ita au
caa aet be detects ky ywar bast friead.
Pntvtats hair talliag alter ara kata
lag sr stack perapmciaa.
One Bottli Ditt It.
HAY'S HAIR-HEALTH
LAKOB 16c SOTTLEi
EVERY B3TTLE
YARRAHTED
IS rastois gray, wkit sr iaaed hair ts
yeethhil oUw aad life, ll sea a Iks
rests, sines tkeai ts rewires ie
i ah was srd psalm vely aradeces btt
srieet thick hair a said haesa.
"Taf a aTrajr sYaAe lanY,"
the tattiawer ef koaatea swag .
tlsy's Haar-Hsatlh saaiatrre
ia ssd s saraaaary eaeact ta every
ketlci. sad aahas ether prraarstioas.
eeene s kaalihtal sense aa ta raeta al
tee kair, eauatag tae aaar ts ratals nt
sngteal caler, srbstWr black, brew
er asldss.
; At Luttlng Draxtittt.
Qood to 2&o Omkm
HARFIMA SOAP,
Free Soap Offer
Cut art sad ; tfctt caueea ia days, taka k aa aay sf Ike falWtag dwrs' sn4 tbry wfll gie yes s
large ae.ua af Hay's Haar-rlaeJIb sad a see. caa s4 Iterflae MeaHcatad iimp, tae keat sewp W rlair,
Scalp. CMe. sVhb aad 1 anai, WmS far Fifty ceeta wf.i.ar aet . , .c. Iiliail bv laaSiag drag,
gist everywhere at teeir abeaaaaljr.ee Sr ut Pane Hay Ssaama C. aaa Lareali.. Ki.ui.N J.
otaar vtiiaar wuaaut aoap, ky aapr. tveeaiS. ia a a aackagi, aa tscalatWss casta aad 'tm causae.
IMIIPIJlTCE saee Bdrceeaiag a btl sf Rays Hew-
w UWiiMil I EX Heana aavvhars a Ha V. S. wka ksa set saea
a., my Laci ar wrltiag tb Paia He (racist.
naa to. an LaiarOia bt.. Raarani. M. I
Addraaa. -. Krftut aaaWifaSM. JuMtt SaWag Nmfi JtmM MmJlk.
Faawwiag Draggtsta swopty Hajr Hsar Hsalta aad tlatfaas
th great hair etianulant. U so remark
ably satisfactory that an arreagsmset
has been made by which ail readers of
this paper who have not already tried
it may nav
A Doillo FREE
by mail ; also book that Ulls bar to
hav beautiful hair and complexioa,
and rontaina testimonials of msny ol
the thousands who have regained
beauty and vomthful appearance by
nslsg Msy'a hsir-tlsalth and Harftna
Soap. Cut out thia specisl offer aad
rod as it with year
N,
........... ... ...... ..
there ia sufficient svidence lo support ths
verdict, it will not be disturbed.
1 Instructions cssn-ilned sitd held lo fully
and fairly submit to tbe ijry tne pla.ntiff
saa astcassai a i&ory ( in case.
aad Address
to Pu2o Hay, n lafayette Street,
Newark, N.J. , with Sve cents (stamps
er cash) to pay postage, and we will
A. M...il . - 1 kMl.
ef Hay's Hair-hsalth. Druggists caa.
awt Mspty Hair-Health free.
If you are satisfied that lialr-IleaRh
is what you need for fbur hair, buy
regnlar o ceat bottle at leadiag drug-
" orvay atere. ana get a s ceatcsksol
r atsts narnaa oap r sire as per oner.
MAMA gllERM McCOINKLI, llh aad Uwda; gCHAFBR'S DRCO STORE. lth aad flilcag.
tOI-acit, BLIFFS UORQAN. 143 Breed war; DaUAVEN. 133 CeauU Braay; SaOWN. 121 aUlai WliXLET. ill Breed.