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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (May 2, 1902)
THE OMAHA DAILY BEE: Fill DAY, MAY 2, 1002. HAY DAY STRIKES BEGIN The men demanded a uniform rate JapRo ft (rasa Baal NEW BOORS AND MAGAZINES CITY OF DACCA IS RUINED SO for an eight-hour Oar, which was re fused Men Demand -Reduction of Hours, More 'RENEWAL OF WAGE SCALES "Toe Bustler," a Tale of Lots and War in Ancient Capital of Bengal and Adjoining Wages and Better Condition!. PITTSBURG SCENE OF GREAT ACTIVITY Wyoming, a New IfoTel. Town DeTUtated by a Tornado. JIM, THE HERO, IS A CATTLE PUNCHER FOUR HUNDRED AND SIXTEEN KILLED neas. The book la both a criticism of x lsltnjr conditions and a clear Indication ot the way to a better order. Mr. Hender son strongly favjrs kindergartens, manual training schools, small classes; experimen ts! and laboratory methods In teaching. His book Is written with much vigor and conviction, and Is both suggestive and in forming. The Abbey Pre have published a new covel entitled "Aaron Crane." It la by Henry Tate. The characters portrayed are so real and tangible that their prototypes 't la F.illmtlrd that Iewee Twelve and Fifteen Thoaaand Men In that City Alone Arc Oat. PITTSBURG, Mar 1. May day waa ush ered In with at-tkea in moat of the building tradea for reduction of hours, more wages and adjustment of trida rondltions. It is estimated that between 12,000 and 15,000 men are out, the trades Involved being atructural lion workers, carpentera, brick layers, sheet metal workers, alate and tile roofer. Inside electric wire workers, port able and hoisting engineers and wood and metal lathers. The plumbers' strike wsb averted by the master plumbers meeting last nlg.it and lgnlng the advanced scale. The ttrikera will tie up work on all the large buildings In course of erection in this city. ; Numbers of the leading architects of the city have stopped the receipt of estimates on new work and on some Important con tracts already placed they have notified the contractor of Indefinite delay in making ontracta. One of the architects this morn ing showed specifications on work aggre gating $10,000,000 which Is being held up by the labor trouble. On account of the carpenters' strike, the .largest planing mill operators have agreed to close their shops pending a settlement of the trouble. Dcmanil of Iron Workers. , The National Association of Mill Workers and SmeTters of America has sent coplea of a new demand to th United States Steel corporation, the Republic Iron and Steel company, the Bessemer association and the Independent furnacea. The workers demand that on and after June 1 eight hours shall con stitute a day's work at the same rate of pay now received for twelve hours, and that all ten-hour men shall be reduced to Bin hours at the present rate of pay. The men are now working twelve-hour turns. "Turn men" receive $2 per twelve hours, engineers and keepers $2.50, and laborers $1.60 for ten hours. If the de mands of the association are granted it .will mean the introduction of a third shift. This will mean the employment of addi tional kecpors, helpers, blowing engineers and fillers, and top fillers where electricity 1 not used. COPENHAGEN. Denmark. May 1. Tho grades unionist workmen employed at thi free port of Copenhagen have suspended work In sympathy with the dock laborers and seamen's strike against vessels belong ing to the steamship owners' federation. The latter strike was further extended to day to all the Danish ports excepting Eb Jorg, on the coast of Jutaland, where thi dock laborers refused to leave their work. The dock laborera' strike at Copenhagen began about April 15. Four daya later t: w announced that more than 8,000 men were on strike at the various rorta of Den mark. TORONTO, Ont.. May 1. More than 1,000 men of various trade went on strike to day for an increase In wagea. They Include bricklayers, carpentera and machine work er. A number of wire, wood and metal lathers, carriage and wagon workers and Jewelry worker are also out. The composi tors and machine operators on the different newspapers here have decided to strlko on May 8 If their demands for lncreaedtwagee are refused. CLEVELAND. O., May 1. At the local headquarters of the Structural Iron anJ Steel Workers' association It was stated today that about 600 men employed by the American Bridge company at various Ohio points went on strike today. 8T. PAUL, May 1. Three hundred car penter went on strike here today for an elght-bour day and Increased wagea. Skilled Laborers to Strike. BUFFALO, May 1. It Is estimated that more than 2,000 skilled laborers are on strike here today. Moat of these are car pentera, a few structural iron workers and the rest plumbers. The carpenters, who are receiving 10 cent an hour, demand 37 H eeuta; the plumbera demand $3.50. per day, an Increase of 50 cents, and the Iron work er aak for 60 cent an hour. Fourteen contractor, employing about 450 men, have agreed to pay their carpentera 37 cents. Most of th contractors have conceded the demands of the structural Iron worker, but a few of the smaller once are holding out. YOVNOSTOWN, O.. May 1. Two thou aand men employed In the building trades wert on strike today for an eight-hour day and Increase of wagea, all efforts to settle their difference with the contractors prov ing unavailing. Some of the smaller con tractor conceded the men's demand laat Bight, and It Is said several other may tgn the scale. ROCHESTER, N. T May 1. About 600 driver of coal wagon, all member of the Drivers' union, struck today for higher wages and shorter working hour. NEW YORK. May 1. Machinist and ' bench men to ths number of 1,201) in a flossn large sawmills and moulding mills In Hudson county. New Jersey, went on strike Insolvent The New Blood and Skin Purifiers ANOTHER TRIUMPH FOR CUTICURA CUTICURA RE50LVENT PILLS (Chocolate, Coated) are a nw, tasteless, odorless, economical aubatltute for th celebrated liquid CUTICURA RESOLVENT, as well as for all other blood purifiers and humour cures. Each pill la equivalent to one teaspoonful ot liquid RESOLVENT. Put up la screw-capped pocket vials, containing tho aame number of doses as a 80c. bottle of liquid RESOLVENT, price 25c. CUTICURA PILLS are) alterative, antiseptic, tonic, and digestive, and beyond question the purest, sweetest, most successful and econ omical blood and skin purifiers, humour cures, and tonic-digestives yet compounded. Samples free by mall to all friends and patron of CUTICURA SOAP. Complete External and Internal Treatment for Every Humour, Sl.OO. Con.t.ttng ol liTitm Soar, IV., to clsaes the tkto ef crust " ssd scale aad soften the thlrkeaeil ewUrls; tUTicua On-Tatsr. 111 1 11 1 lT5a ur-, Instantly allay lu-hlng, iBfUmmatlo, and .lokatlo and 1111UU1C1 Ui aoU oca: aod CL'Tlt'l'B RaaoLVOT Pli-ti.-xr to twul anil clean. th blood. A SiaoL bar U odea sufflrl.nt to cur Tha Sate fill '" torturtae, disfiguring, and humiliating akin, scalp, and 11 W Sl OS blood burnout, with loa. of hair, warn all .la falls, aolil through em rh. wnr1t. Brttlah IiH! 7 v t aartarhoiwe So , Loo 'to. friars Haoi: t fcUia Oe la faut, fan, fortaa CaUU Caaji. tvjax, eui Jftops, bvwu, U.S.A. Cooks, Walters, Cookie Helpers and Bartenders for An other Tear. Teeterday all wage scales of the rooks, waiters, cooks' helpers and bartenders ex pired and during the week the employers will be asked to sign schedule tor another year. After preparing a scale which provided for an advance of $2 per week the waiter decided not to attempt to enforce It this year and the proprietors will b requested to sign the old agreement, to be binding for another year. The cooks' scale will be a new one, but will make little change from condition as they now exist, simply putting tbem Into the form of an agreement. According to the scale the wage will vary from $100 per month for first cooks In high-class houses to $10 per week for third cooks. Cooks In ordinary restaurants are to receive from $60 to $75 per month, according to the aver age number of people served. The cooks' helpers will ask for a flat rate of $6 per week. At the preaent time some receive $7 per week, but the majority are paid from $5 to $6. The bartenders have adopted only a min imum scale of $50, below which no member of the union 1 permitted to work. They will simply ask recognition of their organ ization and an average of not more than twelve hours for a day's work. Tbeae con dltions obtain at the present time gener ally, so It Is believed that there will be no trouble in arranging the matter for another year. Congressman Camming; Improved. BALTIMORE, May 1. Dr. Young has issued the following statement regarding the condition of , Congressman Amos J Cummlnge: His temperature is 90. his pulse 84 and respiration 28. The difficulty he had in swallowing la much relieved and he Is dis tinctly better this morning. t'orrlaran Mnoh Better. NEW YORK, May 1. Archbishop Corrl gan was much Improved today and his physician said that he was well on the way toward recovery. He slept six hour during the night and when he awoke relished a breakfast of solid food. LOCAL BREVITIES. Theodore Schroeder has been arrested on complaint of J. H. Endrlcon, who said he sent Bchroeder to get a $10 bill changed ana nc railed to return. Civil service examination for mechanical draftsman, ordnance deDartment at large, at a salary of $1,200 per year, Is scheduled ror i 'maim June i. 4 and ft. Harrlaon Talbot kicked up a fuss In Chinese place on Chicago street between Eleventh and Twelfth, Wednesday night and was fined $10 and costs In police court ior ni lun. James Hory was fined $1 and costs for dumping the dirt swept from the barber shop on North Sixteenth street in which he I employed Into the waste paper boxes on tne street corner. City Treasurer Hennlngs reports that $25.ono worth of regular delinquent taxe were collected during the month of April, 1M02, which Is $4,000 better than for the corresponding month of laat year. Word was received at the office of the Board of Public Works yeaterday that there i a dangerous excavation, apparently due to a washout. In the street at Twenty- seventh and Hickory streets. The street commissioner was notified. Building: permit have been granted a follows: To H. L. Whitney, to erect at 1518 South Twenty-second street, a frame dwell ing to cost $4,000; to William Maier, to erect a. Forty-first and Dodge streets a frame dwelling to coat $1,200; to Mark Hanaen, to erect at 2747 South Tenth street a frame dwelling to cost $1,000. The eleventh and twelfth substations of the Omaha postofnee have been located, the former at the Millard hotel and the latter at Twenty-fourth and Ieavenworth streets, Next week the postmaster will visit the points where the offices have been located and make arrangements with the person operating business at those places for the handling ot tne business or the department. James Y. Craig, the landacape gardener, who was recently requested to make an estimate of the expense of beautifying the Mign scnooi grounup, nas reported. i ne grading, sodding and gardening will coa about al.&fxv said W. It. Homan. a mem ber of the Board of Education, "and the construction of the walks, according to Mr, Craig's estimate, will cost about Sl.OuO ad ditional. We shall In all probability ask Mr. craig to draw plana ror tne improve ment. George Baker has been bound over to the district court by Judge Rerka on two charges, one for assaulting Mrs. Kati Semlt and the other, for assaulting hi wife. April a) Baker went to the horn of Mrs. Semlt and because his wife, who was visiting there, refused to return horn he began to beat her. Mrs. Semlt then shot at him nine times, two of the shot taking effect. After being shot Baker wen home, where hia wife had preceded him ana neat ner severely. Jamea Stanley was arrested Wednesday afternoon by Officer Edwards while at tempting to pa sa what ia believed to he a forged, cnecx on a baker at Elgh teenth and Vinton streets. The check was for $7.10. made payable to Stanle and the name "Hayden Bros." was signed to It. in maniey a pocket was anu'he check signed In the same name for $9.46. Stanley claimed that the checks had bee given mm ny iiayuen Bros, ror services. John Hennlg. charged with shooting Fred jacobson wttn intent to kill, was boun over to the district court In the sum $700 by Police Judge Rerka Wednesday afternoon, llennig and Jacobson had a quarrel April 17 on a lot belonging to the latter at t orty-eigntn street ana May berry avenue and Hennlg shot at Jaco son three times, one shot taking effect In the groin. The wounded man was taken to the Clarkson hospital, where he re malned until released Tuesday. He la still weak from the effects of the shot and unable to walk alona. bL3 to Harpers PoMlsh n Sew Bonk of Poema by Alfred Anatln, F.nstland'a Poet I.aareate ew orl by W. Hartley Mabry. The Rustler" Is a tale of love and war In Wyoming by Frances McElroth, who grew up from young girlhood In the coun try of which she writes, and hence Is quite familiar with lta life. It I Indeed a graphic picture of western life. "Jim," the hero, I a "cattle puncher." who, while foreman of a ranch, has been Jilted by Haxel, a cultivated eastern woman, who Is a surst of the owner. He determines to display to the coquette hi power and ability, and begin to "rustle," 1. e., brand others' cattle on hi own account. He gathers about him a hand of outlaws en gaged In the same work. In the conflict with the ranch owner (which la most graphically described by the author) he captures Haiel and take her to the "Hole-In-the-Wall," a natural fortress held by the rustlers. Here she undergoes a change of character (the account of which proves the author a psychologist of rare Insight) and becomes a regenerating Influence In the csmp. One by one the outlaws feel her p.-r-.ver, and "Jim" at laat succumbs to It. The "calling off" at a ranch ball I cer tainly a unique but truly western call for a quadrille. Published by Funk A Wagnalls. Harpers have published a new book of poems entitled "A Tale of True Love, and Other Poems." It Is by Alfred Austin, England's poet laureate. It Is dedicated to President Roosevelt and has a special preface to the American people. He says that, when he "had the honor, however undeserved, of being nominated as Tenny son's successor. It was in writing com municated to htm, with that apontaneous graclousness of language which wa. one of the distinctive gifts of our late beloved and revered queen, that she wss quite sure he would know when best, and how best, to give expression to national sentiment. In this spirit the honor was conferred; In this spirit It wa accepted." He adds a graceful appreciation of the American people, who, he believes, pursue with his own nation the same Ideal. It Is his latest collection of poems, and as a whole Is the most Important contribution to recent poetic literature. "When Love Is King" Is a story of Amer ican life by W. Dudley Mabry. It U the story of an orphan girl and the author's pictures of her runniug away from her cruel guardian and her mastery over diffi cult circumstances makes the book In tensely interesting. The loving care with which her wayward mother followa her from place to place, not daring to tell who she Is, yet watching her needs and strug gles with a mother's love, is heart-reach lng. The story shows very clearly what good, sympathetic loving hearts can do. The scope and tone are suggested by the author's brief preface. In which he says: "The book la sent forti 'o plead for a broader charity for those who differ from us In opinion, and for a more considerate judgment upon such as fall under reproach. If lovo win not the erring, nothing will win them; if love lift not up the fallen. nothing will lift them up. Love Is regal; for Ood Himself Is love, and He Is King of Kings." It la published by R. F. Fenno 4 Co. ( In "Tho Cost of Freedom," by Adele Marie Shaw, the witchcraft craze In early Boston I pictured very vividly. Miss Ehaw has caught the spirit of the time wonder fully well. The tale followa the fortunes of Roger Verrlng, the aon of a stern Purl tan of Boston, on the Spanish main with Captain Phips. "the first self-made Ameri can." Then the acene changes to Boston. Captain Phlps I now Sir William, and governor of Massachusetts bay. The Purl tan spirit Is revealed in It effect on two very different nature old Nicholas Ver ring, unswerving In his conception ot hi duty, and hi wife, Alison, as sweet a spirit as ever was created. The etory of "The Little Maid" and har pirate captors, ot her friendship with Roger, of the sus picion which fell on her In the wild frenzy of the witchcraft craze, and of her five hour trial before the "great Mr. Mather" himself, of her release from Jail and her flight with Roger, of her enemies and of her final safety and happiness all this Is most absorbing reading. Published by Doubleday, Page & Co. "The Claybornes," a new novel by Wll Ham Sage, glvea a vivid picture of the civil war, throwing Into high relief three of the most Important event the secession of Virginia, the "high water mark" at Vlcks- burg and the "last ditch at Appomattox. It la the story of two brother of an old and honorable Virginia family who take opposite sides in the war. Both distinguish themselves for soldierly qualities, and once they meet In hand-to-band conflict on the field of battle. The author shows the quality of the men on both aide, taking the attitude that all were Americana, fight lng the Inevitable conflict. But the book la primarily a romance and not a mere chron icle of fight. It tell of the winning of a Yankee girl by a young Virginian, who, a he wa educated at West Point, adheres to th union cause, although hia father and brother are fighting for the south. Mr. Sage inherit much literary ability from bis mother, Mrs. Abby Sage Richardson, the well known writer on American history and English literature. Published by Houghton, Mifflin a Co. Mrs. W. K. Clifford, whos new novel. "Margaret Vincent," Is Juat published by the Harpers, la an Englishwoman who Is beat known In America a the author of two clever books, "The Love Letters of a Worldly Woman" and "Mrs. Keith' Crime. Her latest novel Is written more In the vein of comedy than any other of her novels. It Is essentially a cheerful book 1th a romantically, happy ending. Gerald Vincent, because of bis religious views. receives the "cold shoulder" In London and seeks a quiet place by the name of Wood- side Farm owned by a widow near Chld hurst, where be pursues hi literary work and after a year'a realdence marries the widow. The novel tells the adventures ot bl daughter, an attractive young girl who runs away from home because of a dis agreeable half-sister, who becomes unbear able during her father's absence in Aus tralia with a sick brother. She goes to London, determined to be an actress, but only followa It a short time, when she is won by the son of one of her father' school chums. The story I Interesting from start to finish. "Education and th Larger Life" 1 the title) ot a volume of essay by C. Hanford Henderson, Just published by Houghton. Mifflin t Co., In which the author's pur pose is "to make a large Inquiry the in quiry aa to how education can be ao applied in America a to further beat th progress of civilization." H presents education as a human enterprise of the utmost Interest and Importance. He regard It a a process for realizing th social purpose, which I human wealth a process for producing m. n M.n ..J ,hlMr.n nur. sous ot poesr, accomplishment and good- exist In every similar community. Aaron Crane, a man of lofty aspirations, baa a decided prospective matrimonial alliance for his only son; he also Is ambitious politically. Hi tribulation are many. The homely, philosophic "Joe Hnbbe11," the evasive "Squire Trimble" and unecrupu lousness of the voluble "Mr. Fraude" add spice to the story. Aaron's matrimonial desires for hia son brings In an Interest ing love tale. The work la healthy In tone, the dialogue are brisk and bright and the interpretations of the charactera are true to nature. The author finishes the story with everybody happy and contented la love, peace and prosperity. "Gleanings from Nature" I the title of a new book by Eva M. Carter. This work deals with nature at first hand. The author spent a number of years In travel ing through the mountains of western North Carolina and Virginia, drawing and studying blrde, flowers. Insects, etc., thus gathering the material of which she has made use In her book. It Is full of the ozone of the mountain and draw the reader near to nature' heart. Mies Car ter had the advantage of careful achoollng both In Norfolk, Va., and in her present home at Raleigh, N. C. She thus brought to her study of nature a developed mind and a prepared Intelligence. Those who are fond of out-of-door life and who de light In hearing the birds sing and seeing the flowers grow and In treading the green sward will find a feast In thla book. It is published by the Abbey Press. Mr. W. T. Stead was an intimate friend and confidant of Cecil Rhodes and for years was intrusted with the great South African's imperial secrets. Only a part ot Mr. Stead's disclosures, made since the death of Rhode, has been given to the dally press, but the whole story I told for the first time In the May number of the American Monthly Review of Reviews. There will be found the full text of the remarkable notes on world politics writ ten by Mr. Rhode in 18U0, commenting with tho greatest freedom on current American affairs and giving some sug gestion of the Ideas which underlay the Oxford scholarship scheme. Nowhere else has been published so complete and au thoritative an estimate of this modern Colorsus of the English-speaking world. Pictures of "Groote Schuur," Mr. Rhode' home at Capetown, with excellent portrait of Mr. Rhodes himself accompany the article. The Outlook la making a apeclal feature of printing single-page portrait and sketches of people of tmmedlate note. The May magazine number contains such por traits and sketches of Donald G. Mitchell ("Ik Marvel"), who ha Just passed hi eightieth birthday; Jamea R. Garfield, the new civil service commissioner; Frank P. Sargent, who 1 to be the new Immigrant commissioner, and Henry Clay Evans, who haa lately resigned the office ot commis sioner of pensions. NEW BILLBOARD flRDInlANPP I . It ranaea at Special Meetlaar of Cltr Coancll with Heye 'Dis senting. ' ' t At a special meeting of the city council yeaterday afternoon the new billboard ordi nance, which provide for a license fee of $100 per yetr for the privilege of posting algns, erecting billboards and distributing advertising matter, was passed, Hoye dis senting. Councilman Hoye said he op posed the measure because It waa class legislation and tended to create a mo nopoly. Consent was granted to the Mutual Oil Tank Line company to erect tanks, ware houses and an office building at Eleventh and Clark street. The work, which will begin next week, contemplates the ex penditure of 85,000. Sewer contracta with Jamea P Cnn n el lv . . . and J. 0. Corby were approved. THE UOLDBX POPPV. Mlllloaa of Bright Blossoms that Greeted the California Pioneers. Far out at sea gleaming sheet of daz zling gold arrested the gaze of the early explorers of California,' saya Fruits and Flowers. Blazfng along the Pacific coast, em broidering the green foothills of the snow capped Sierra Madre, tranaformlng acres and acres of treeless plains Into royal cloth of gold, millions of flower ot silky tex ture and color of gold fascinated the Span ish discoverers. Aa eminent botanist, Eachsholtz, at once classified the plant and hta followers conferred hi name upon thla, the only native American papaver. Dream-like In beauty, fascinating from sheer loveliness, spreading It soft undula tions over the land, the California poppy bloomed above the richest views and ar teries ot gold the world has ever known, all unsuspected. A Circe, with power to please, dazzle and charm by ita enchant ments, while it allures, lulls snd mystifies, this flower of sleep seemed to draw by ome occult process from the earth the elixir of gold, unfolding It blossom of gold aa beacons, proclaiming. "We are blooming above rich mlnea of gold," There 1 never a mystery about the poppy. It Is a weird flower. It is almost sentient with a life unknown to human kind. "While glory guard with solemn tread th bivouac of the dead," atealthlly a sea of gore creeps over ths old battlefield. , Blood red, the popple In wavea and billow bold high carnival above the soli that covera the slain. Lord Macaulay aays of th bat tlefield of Neerwlnden: "Th summer after the battle the soil, fertilized by 20, 000 dead, broke forth into million of blood red popple. The traveler from St. Troud to Tlrlamoot who saw that vast field of rlcb scarlet stretching from Leaden to Neerwlnden could hardly help fancying that figurative description of the Hebrew prophet was literally accomplished, that "The earth was disclosing ber blood and re fusing to cover her slain." Bayard Taylor In "The Lands of the 8aracen" aaya he contemplated, with feelings be could not describe, "the old battlefields of Syria, densely covered with blood-red popples blooming In barbaric splendor, gloating oa th gore of soldiers slain." However interesting the poppy may be to men of science and to lover of th beau tiful. It is yet more o to th people of California. This beautiful, weird, gold- colored flower of gossamer texture belongs to California alone. ' Now her elae In the world ha It ever made lta habitat. Ther It I naturally ao profuse that it Is related as a fact that coming on a tura full face upon a blooming field of yellow popple, dazzling In th aunshlne, horses bav bean put to flight, aa from flame of Are. RHigsallsa Is Arretted. SAN FRANCISCO, Mav 1 -The fnlted Railroads company of thla city haa ae- eept.d th resignation of General Manager I jFj t. '. uung. ill successor baa not pea cnoa Trope Throaghoat the F.ntlre District Are Uteris- -strayed by the Kory ef the Raglag Storm. CALCUTTA, Vsy 1. A tornsdo ha dev astated th city of Dacca and adjoining towna. Four hundred and sixteen persons were killed. Crops were ruined throughout the dis trict. Dacca, a city In Bengal, hss been a fa "ou plce ,n the ",tor of Brltleh India. It Is situated 150 mile east of Calcutta In the seventeenth century It was the capl tal of Bengal. In 1800 It bad a population of 200,000 and was noted for Its product of fine mus lins, which were known aa "woven wind Growing Import of Manchester' cottons ruined its Industrie, however, and by 1891 the population had dwindled to 82.00P. SUPREME COURT SYLLABI. No. 11543 State ex rel Clark A Leonard In surance Company against Bcotta Bluff County. Error from Scotts Bluff. Affirmed Duffle, C. Department No. 1. 1. Article vl of chapter Ixxvll of the Coin- piled Statutes, making provision for the levy and collection of a tax to pay Judg ments entered against a county or other municipal corporations In this state, con tains no special provision for disbursing the fund; hence the usual course of draw lng money from the county treaaury by obtaining a warrant against the fund must bd pursued by the Judgment creditor. 5. The Hoard of County Commissioners should draw a warrant in favor of th Judgment creditor for the amount of any ludament tax collected when demand is mR.ifl bv him therefor, and when any con siderable amount has been collected and la in the hands of the county treasurer ap bllcable to the navment of the Judgment and the duty of the treasurer to pay such warrant mav be enforced bv mandamus, No. 1151. Wells against Fraxier. Appeal from Custer. Affirmed. Holcomb, J. 1. An objection to an apprisal of real estate for the purpose of a Judicial sale to be available, must be made and filed before a sale thereof la had i. A denutv sheriff mav act for and in the place of the sheriff In making an ap Dralaal of real estate for the purpose of a judicial sale, of the parties to an action again-t whom the decree operates, is not Invalidated becauae the name of the own era of the eaultv of redemption are not stated other than by the designation "et al ' after the name of the principal de rendant In the action. No. 11572. Falatrom against Banning. Ap oeal from Custer. Affirmed. Fer curiam No. 11578. Palmer against Caywood. Error from Ballne. Affirmed. Hoicomn, j. 1. Where a demurrer to a petition 1 overruled and an answer under lease given by the court is filed, the error In overruling the demurrer, if any there be, Is thereby waived. 2. It 1 not required that an execution be Issued and returned nulla Dona as a conai tlon precedent to maintaining a ault on supersedeas undertaking executed and de Hvered under the provisions of section 588 of the t ode Of 1 ivll procedure. 2. Nor Is it required that the Judgment creditor shall rin arnrmnnce of the Judg ment exhaust the cronerty of the luugmen debtor before bringing suit on the bond given to operate as a supersedeas pending the review of the proceedings resulting In the Judgment by the anneallate court. 4. Nor. where the Judgment debtor haa died pending sucn review, can tne judg meni creaitor De required 10 iook ro tne estate of the deceased, although solvent, for satisfaction of the Judgment before maintaining a suit on the supersedeas bond, 6 wnen tne Issues In an action are recu larly made up the cause stands for trial and a party thereto will not be granted. a matter of right, a postponement aolely on tne ground mat tne issues aa made oy the pleadings were formed sooner than he anticipated they would be. No. 11.67V. Mouitnan against AKing, Appeal from Fillmore. Affirmed. Hol comb, J. 1. Record examined and held connrma tlon of sale of real eatate was regularly and properly entered; held alao that evl dence la sufficient to sustain the ruling the trial court on objections to appralsa I and connrma Hon of sale. 2. The certificate of prior incumbrance and aDDralaal of land for the purpose o sale In forclosure proceedings, are not re quired to De stamped under tne provisions of the war revenue act of 1K8. Noble against Cltlsens Bank of Geneva followed 3. Questions discussed In briefs which are not properly presented by the record win noi De considered. No. 11.581. Union Trust Company agalns Davis. Appeal from Custer. Affirmed. Per Cur am. 1. Evidence examined and neid to sun tain the trial court in refusing to set aside the appraisement as being too .low. 12. Where a decree of forecloau re directs sale of real estate by i sheriff, aurh ale Is valid If made by the deputy sheriff. NO. iz.tol. KosenDloom againat state. Error from Flatte. Affirmed. Sullivan. C. J. 1. The law Imposing a license tax upon peddler (Bee. 152, lo3 and Ch. lxxll, Art. 1. Comii, St., 19ul,) haa for lta ob ject the raising of revenue, and Ita enact ment wa an exerclae of the taxing power and not the police power. 2. It la a settled doctrine that the courts will not declare an act of the legislature unconstitutional unless It la manifestly so. 3. The provisions of aectlon 164 of the general law, authorising fine snd Impris onment a a means of enforcing a license tax. doe not trencn upon tne constitution and 1 therefore . valid. Btate agalnat Green, 27 Neb., 64; Magneau against Kre mont, SO Neb., 844, and Templeton against Tekamah, 82 Neb., (42. Overruled. 4. An act entitled "An act to provide a system of revenue" covers the entire sub ject of taxation and comprehend what ever means or macnincry ine legislature may provide to enforce payment of taxes. S. i ne provision or ine constitution (sec. 1. Art. lx.) authorizing the taxation of persons engaged in certain occupations, in auch manner a the legislature ahall di rect by general law, uniform aa to the classes uuon which It operatea, forbid partiality and favoritism and make equal ity oeiure tne law a ruia ui ifi.iuiive action. It does not. however, forbid rea sonable classification of peraons for the purpose of taxation. . Classification, to be valid, must be arbitrary; It must rest on some resson of nubile DOllcy. some substantial difference of situation or clrcumstancea that would naturally auggest the Justice or expedi ency of diverse legislation with respect to the objects or inaiviauais riasainea. 7. There Is no such a real distinction be tween persona who go from house to house and place to place vending their own products and tnose who sell in the ame way the production or others, that the legislature, acting on considerations or aeneral policy, may make it the baals of classification for the purpose of taxation. g. A particular rlaasincation may be valid If the object of the statul- to raise revenue, and Invalid If the object U regu lation. f. The law imposing an occupation tax uuon Deddlera la auflicientiy certain to be capable of enforcement. rto. iz.i,. verrara against mate. er ror from Hall. Affirmed. Sullivan. C. J. 1. The Drovlsions of the general revenue law Imposing an ocupatlon tax upon ped dlers were enacted by the legislature In the exart-lae of ita taxing powers and are valid. Nos. 12 471 ana iz.fis. aiorgan against State. Error from Otoe. Affirmed. Sul livan. C. J. 1. I'nder the provision of section 48 and sub-division or section 'J. chapter xlv. aril cle i. Compound Statute, liul. village au t nor Hies have ample pow.r by ordinance to license ana regulate billiard and pool rooms. 2. And by this suD-dlvislon a or section I aforesaid village truatees are author- iced to ralaa general revenue by levying and collecting a license tax on person en faged In the business or conducting bli l.rri anil rwKil Inflmi. S An ordinance whose main object Is to license and regulate a buaineaa vr calling la not wnoiiy voia because a provision Hn posing a small occupation tax is not clearly expressed In Its title, as required by section or cnapter xiv, article I, com nlled Statutes, lfeil. 1112 Jenkins against Myatt et al. Error from Butler. Arnrined. Hastings, C. Dlvl alon No. 1. Unreported. Striking an answer from the flies because filed out of time, wher. It waa filed before the third Monday after fifty day from the Judgment appealed from. Is error without prejudice where defendant has no standing In court ana no ngni to ina-.st on any d t.np. 1127. St. Paul Fir. and Marine Insur ance Company against Kelley. Krror from Furnaa. Reversed. Day. C Unreported. WNer wrlli.a application for Insur one-sixth pure glycerin, is transparent and perfumed with the odor of natural flowers. Will not injure the skin of a new-born babe. Satisfactory and pleasing for the toilet. It is the perfected product of scientific soap-making. JAMES S. KIRK Klrk Snln Water Maker Softens the Hardest Water Send ten cents postage for free sample KV "V.!-" - -r. J 'at! u -. 5 WZtf X troubles. A large percentage of the diseases to which the human family is heir are caused by constipation. When the great main canal, the human sewer as it were, is clogged, a myriad of ills result. MULL'S QRAPE TONIO WILL CURE CONST! PA TIOU. not by violent and sickening purging, but by gently opening the clogged channels of the body and permanently curing, by restor ing the normal functions, at the same time it is a blood-making, strength-building tonic, acting as well on the stomach, liver, kid neys and nerves. The benefits are apparent from the first dose. A large size bottle for 50 cents. Sherman & McDonnell Drug Co, Mull's Lightninj Paul Killer cures ticuralu, toothache, colds, sore throat, and all pain. Rub It on or drink It 25 cents. ance la made upon a blank which provides that no liability shall attach until the ap plication huB been approved by the home office, and the application, together Willi the premium, Is delivered n ihe u-nt ot the company ami before the application has been approved by the home office the property insured is destroyed by the hazard insured against. Held, that the Insurance company Is not liable for loss occurring tefore such approval. 11319. McCarthy against Harry. Error from Douglas. Affirmed. Oldham, C. Division No. Unreported. 1. Where title is derived from a common source plaintiff In an action of ejectment need only snow title irom nils common source to enuble him to recover on the strength of his own title. 2. instructions examined and held, prop erly given. 11346. city oi umana against uoiv. r.rror from Douglas. Afhrmed. Duffle, C. Divi sion No. 3. Unreported. 1. This court will not Interfere with the verdict of a Jury unless it is clcurly un supported by the evidence. 2. Allegations of the petition held to be upported by the evidence. Il3a3. Kingman implement i ompany against Strong. Krror from Johnson. Af firmed. arne, c division jvo. .-. unre ported. 1. In a replevin action brought to thla court on error where there la a total failure of evidence to allow Ihut plaintiff had any Interest In the properly It will be presumed that the value of the defendant s right ro the possession of the property is the same aa It value found by the verdict of the 3. uojecuons to tne torm ot a veraict must be made when it is rendered and be. fore the Jury Is discharged. Objections not made and exceptions not taken to It until a motion for a new trial Is filed will be deemed to have been waived. 1144. Westervelt against Kilter. Appeal from Pierce. Reversed. Oldham, C. Divi sion No. 2. Unreported. 1. hen an action is brought to set aside L fraudulent conveyance more than four ,-eara after the dnte of the conveyance It a incumbent on the plaintiff to show him self within the exception that glvea addi tional time on account of the want or knowledge of the tranaaction. by stringent rules of pleading and evidence. I. The same stringent ruie or pieaaing and proof is required to tol the statute lor want or rapacity to bring tne action a la required to toll It for want of knowl edge of the fraud. 3. Kvidence examined and held not suffi cient lo sustain the Judgment. 11431. Real instate Trust ( ompany against Fawell. Apis-al from Lancaster. Affirmed. Duftie, C. Division No. 3. Unreported. 11444. Bhelleck against rteney. Krror from Douglas. Reversed, with instruc tions. Day, C. Division No. 1. Unreported. 1. Prior to 19il lher w In this stale no valid statute authorising an appeal from th Judgment of a Justice of tho peace in an action for the forcible entry and de tention or forcible detention only of real property. 2. The Jurisdiction of Ihe district court In inch action being derivative only 1 not aided by consent of parlies. Ktlenneimer agalnat Wallman. 88 N. W. Rep. (Neb.). 59, followed. 11494. Connor against Rumsey. Krror from Douglas. Atnrmed. Hastings, C, division Iso. l. I nreporten. , 1. Evidence examined and held sufficient i to sustain finding of Jury that the consider ation of the note sued upon was not tainted i with any Indebtedness arising out of ; gambling transactions. H.va Kenar arninst urossman. r.rror from Douglas Affirmed. Albert, C, dlvl- , slon No. 2. Unreported. 1. In proceed nas In error only such grounds as are assigned In the petition in error will ne consiaereo. 2. Where a party to a suit requests the submission of a question to the Jury by the tender of an instruction which I re fused he cannot complain of an instruc tion, given by the court on Its own motion, submitting the same question. 3. It Is not error to refuse to give an In struction tendered when the ground cov ered thereby is covered by instructions given by the court on Its own motion. 11519. I .ay againcl Honey. Appeal from Hitchcock. Reversed with Instructions. Rarn-s. C, division No. 2. Unreported. 1. One who makes payment of a promis sory not to a tecond person, not the owner of the note, and not in possession of It, at a place other than the place of pament designated therein, aasumr th burden of proving that the parly to shorn payment waa mad wa empowered to collect th. monev. 2. Th fact that th money to pay In terest coupons has been paid to such per son, who sent the tame to ths original mortgage at iht place of payment; .at k COMPANY Hull's Combines the life-giving?, health-promoting qualities of the juice of the grape, with fruits and herbs. It is nature's own tonic, and is as delicious in taste as it is pleasant in effects. .It is an ideal medicine. A CRUSHED FRUIT LAXATIVE. It is especially efficacious in dyspepsia and bowel n ff f l U B. W. Cor. 18th in Dedge Omaha, Neb. It was cent to the owner of the note and , mortgage, who returned the paid coupons to the mortgagee, who In turn sent them to the person to whom the money was paid, . to be delivered to the mortgagor, la not sufficient ground to Infer that such parses has authority to collect th principal sum where the evidences of Indebtedness are not, and have not been, in his posnsslon. 3. Kvidence examined and heid not suffi cient to show authority on the part of th. person to whom the money was paid, t collect the same. 11M1. Duce against Porensen. Appeal from Douglas. Affirmed. Httstingi. C. division No. 1. Unreported. 1. Kvidence of attorney. In whose handi note and mortgage have been since ma turity, that no proceeding" Mt law have been had on them in county when- prop erty Is situated and where defendant we o carved with summon, and none el.ewliera to hia knowledge, is sufficient in absencj of ull contradiction to support in thi re ipect a decree for plaintiff. 2. An extension uereenient which is not pleaded and as to which there Is no deflnl e evidence held properly disregarded. 121X9. Morrison against Lincoln Savings Rank and Kate Deposit company. Appeal, from Platte. Affirmed. Albert, C, divi sion No. 3. Unreported. An offer of compromise, made by debtors of an Insolvent bank to the receiver thereof, examined and held there wa no abuse of discretion on Ihe part of th" THI court In directing the receiver to accept It. 12241. Patterson against State ex rel Duaenbery. Krror from Nuckolls. Re versed and remanded. Day, C, division No. 1. Unrf ported. 1. When an application for a writ of mandamus and the alternative writ to re quire the chairman of the county comm'.s- slonera to sign a warrant -gainst an "ad vertising" fund contain ni allegation of money in the treasury c.r tax levied, or appropriation for such fund, they state no cause of action. 126.11. State ex rel Chadrnn Building fcnol Loan association against Westovei. Man damus writ denied. Pound, C, division , No. 2. 1'nreported. 1. An ultimate right of review by error , or appeal is a plain and adequate remedy within the purview of section H, Code ot Civil Procedure. 2. As an order setting aside a decree snd, granting a new trial mad. without Jurird'c tion may be reviewed on error or appeal as soon as it results in a new decree, a writ of mandamus will not lsue to compel vacation of such order and reinstatement of the original decree. No. 11414. Hill against mcuinnis. Appeal from Lincoln. Affirmed. Holcomb, J. 1. To establish a highway by prescription there must be a continuous user by the public under a claim of right, distinctly manifested bv ome appropriate action on the part of the public auihorltie. for a period equal to that required to bar an ac tion for the recovery of title to land, lwi against City of Lincoln. 55 Neb., 1. 2. A prescriptive right to a trlp of land as a public highway cannot be acquired bv lapse of time where the roadway is through the inclosed premlaes of the owner and the use thereof permissive only and the roadway la changed from time lo time to suit the convenience of th" owner, and no acta of control or dominion over It Is ex- I erclsed or asserted by the public authori ties. Always $Huii;tulng New to Show You. Society Stationery Our display Is the largest Our goods the proper thins. Bod.tr Stationers. , ISot Farnam St BOOKS! BOOKS! Marble Faun. Hitter Sweet, black Ruth. Library edition. 2oo each. Writ or call for list of bargain. DARKALOW BROS.. 1CU raxnam Street, 'Phone UQi H
