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.
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troubles. A large percentage of the diseases to which the human
family is heir are caused by constipation. When the great main
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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
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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.
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