THE OMAHA DAILY HEE: TUESDAY, MAY 20, 1002.
CURRENT
COUNCIL
MUSIC DRAWS A BIG CROWD
Several Thousand People Vint Fairmount
Park During the Afternoon.
CONCERTS TO BE GIVEN EVERY SUNDAY
Park Commissioners Will Endeavor to
Fonda at Command Will
Permit.
The band concert at Falrmount park 8un
flay afternoon was listened to and ap
preciated by at leaat 2.000 persons. The
park never looked prettier and the addi
tional attraction et Albln Iluater'i band
made It doubly a drawing card yesterday.
Anticipating a big patronage the motor
company Increased ita service on the park
line and the traffic was well handled.
The young people were out la full force
and the swings and other amusements pro
vided for them were fully enjoyed. The
"Zoo" proved of much Interest not only
to the children, but to the elder folk ad
well.
During the band concert the hillsides ad
jacent to the handsome bandstand were
crowded with people, the whole presenting
a decidedly picturesque and animated
acene. Yesterday's was the first band con
cert given by the Board of Commissioner
alnce the grandstand was erected at con
elderable cost nearly three years ago.
Lack of funds Is said to have been re
sponsible for the lack of muMc at the park.
Commissioner Graham Is In favor of having
these Sunday afternoon concerts, as tbey
have always been well patronized by the
public, and he stated yesterday that so
long as the funda would permit they would
be continued this summer.
This was the program given by Prof.
Albln Huster's band yesterday afternoon:
Coronation March from the opera The
Prophet Meyerbeer
Overture Crown Diamonds Auber
Cornet Solo The Holy City Adams
Hen Kendrlck.
Walts-Artist Life ; ,f'lrlu,;
Selection from the Serenade V. Herbert
Trombona Solo Selected
Albln Huster.
Pilgrim Chorus from the opera "Tann-
hiuser" ........ R. Wagner
Grand Potpourl of Melodies from Grand
Operae i;-,eyer
Overture Poet and Peasant F. Buppe
(a) Salome n"
(b) Iji Paloma Balfour
Walts Wine, Woman and Bong Strauss
Feet March A. Hunter
Plumbing and beating. Blxby Eon.
N. T. Plumbing Co.. telephone 150.
Victory lor the County'.
The ruling of the supreme court In the
tax ferret case of August Bereshelm, guar
dian of J. B. Keellne. against County Treas
urer Arad la a decided victory for Pott
awattamie county.. County Treasurer Arnd
assessed Bereshelm as guardian of J. B.
Keellne oa $50,000 for the years 189, 1897,
1898 and H99 and on 175,000 for 1900, act
ing oa report of Tax Ferrett Cunningham
that ha bad unearthed property to this
amount which 'had been ' withheld from as
sessment. Bereshelm appeal to the dis
trict court and the case was tried before
Judge Wheeler, who held that Bereshelm
was only liable for the assessment for the
years ISM. . 189 and 1900, with Interest
from the first of January In each of these
years. Judge Wheeler's ruling practically
was that the tax ferret law was not re
troactive beyond 1S98. While the supreme
court upholds the tax ferret law It modifies
Judge Wheeler's ruling by holding that
taxes can be assessed back to 1898, but
that no Interest can be charged except from
the time that the county treasurer makes
the assessment.
Davis aetls gVasa.
Gravel roofing. A. H. Read. Ml Broadway.
' Thieves Loot Tailor Shop.
When Carl Herr entered bis tailoring
hop at 621 West Broadway Sunday morn
ing be discovered that tba place bad been
ii.. A k. (kl.M jfurlnv lha nlarht who
had almost depleted his stock, of goods, be
sides carrying oft a number of garments
which were ready for delivery. Investiga
tion showed that the thieves had carried
way six pair of trousers, four full aults,
two uniform suits and a large number
of bolts of cloth. From the amount of
goods taken. It is believed the thieves, must
have hauled their booty away In a wagon.
They secured entrance to .the building by
breaking in the back door.
The store Is In the middle of the block,
Just west of the postofflce and next door
to a restaurant, which is kept open the
greater pert of the night. Herr left a
light burning la his shop as usual when
be locked the place up Saturday night.
Tba light makes the entire Interior plainly
visible from the street.
Davis sella paint.
Hoiti ter All.
For sals at low prices and easy
payments, homes In all parts of the city.
Including some of the nicest residences
and those of moderate six. Also dwell
ings and business property la Omaha.'
Farms bought and sold. It will pay you
to see ua at the office of J. W. Squire.
Open Boat teasoa May 30.
At a meeting of the directors of the
Council Bluffs Rowing association held yes
terday at the club house at Lake Manawa
It waa decided to formally open the season
.Decoration day. May 30, with a number of
sailing races. A number of Improvements
have been made at the club bouse and
grounds and only the finishing touches re-
1700 E
31 002
For 195 yssxs th
(Johaaa Maria Farina)
9M
EAUDE COLOGNE
HAS KEPT TUB LEAD
ta Xurope, Japan, India. Booth
Africa and AueuaUa. A most,
dnllrate, refraelili and luting
fKlirl'MK (or rcAowl people i
is rapidly galulug Urot aete.
FOR BALE BT
W. R. BENNETT CO-
8. W. Cor. 16th and Harney Bta.
UTS CLEANED
Pyed and preeeed. Special attention
1 given ladles' garments. Also chanille
curtalna neatly cleaned, dyed and
I reaaed. 'Phone L.-418. Iowa Steam Dye
Works, 104 Broadway.
LEWIS CUTLER
FUNERAL DIRECTOR
(Bucc sorto W. C. Eatep)
NEWS
BLUFFS.
main to be put on to have everything In
readiness for the opening on that date.
The return match between the Van
Brunts' Helen and Dickinson's Andover Is
set tor June 6 at the Iske and tho local
yachtsmen are still confident of being able
to prevent the cup from going to St. Joseph.
James O. Wallace of Omaha is now the
owner of Xenla. which waa sailed last year
by Fred Hamilton and brother. Wallace
tailed Andover In Its races against Helen
and la expected to show some of the other
boats this season that Xenla can do a thing
or two In that line.
M1MOR MtfSTIO.
Davis sells drugs.
Stockert sells carpets and rugs.
Woilman, scientific optician. 409 B'way.
Iffert, eyesight specialist, 238 Broadway.
Take home a brick of Metsger's ice
cream. Vanlla, 26c; Neopolitan, 35c.
Plrtnre framing a specialty. C. K. Alex
ander & Co., 333 Broadway. Tel. 866.
Mr. and Mrs. Homer Rlrhey of Albla, Ta.,
are guests of Mrs. Rlchey's sister. Mrs.
E. McConnell, on their way to Denver,
where they expect to make their home.
Spencer Smith of this city has been In
vited to deliver the Memorial day address
at Silver City.
Mr. and Mrs. Harvey, evangelists, have
begun a scries of revival meetings at the
Kdgewood church, southeast of this citv,
In Garner township, which will be con
tinued every night this week.
Captain and Mrs. H. Q. Ankeny of Corn
ing are guests of M. M. Parkinson, deputy
revenue collector, and family, on Park ave
nue. Captain Ankeny rommiinded Com
pany H of the Fourth Iowa in the civil war.
Thee delegates from 8t. Paul's Episcopal
church will leave today for Davenport, to
attend the 'annual diocesan convention:
Ieonnrd Everett Victor E. Bender, John
T. Stew irt, M. i Rohrer and E. 11. Mer
riam. R. B. Trenor of Cedar Rapids arrived In
Council Bluffs In search of his 13-year-old
son Harry, who la believed to be in this
city, it is thought that the boy In em
ployed In one of the dye works, but the
police were unable to And him lost night.
Cox Campbell, publishers of the Coun
cil Bluffs Times-Democrat, say that the
priming ouint wnton t. it. Meholson seeks
to replevin from E. F. Aney Is the plant
of the I'nderwood I'nlon, which they sold
to J. O. Todd, taking a mortgage as part
of the purchase price. This mortgage they
sold to Nicholson. Aney also held a mort
gage on the plunt, but Nicholson claims
his waa a prior one. The suit does not af
fect in any manner the plant of the Times
Democrat. INCIDENTS 0F CORONATION
Queen Mother Sheds Tears of Joy at
Ovation to Her Royal
Son.
MADRID, May 19: During tho ceremonies
yesterday attendant on tho attaining of his
majority by King Alfonso tho queen mother
was seen several times to wipe the tears
from her eyes when the king received the
ovations of the people. A pretty Incident
occurred while the' royal procession was
passing through the streets of the city.
After the royal coach left the Chamber
of Deputies a group of young girls ap
proached the carriage and one of them
offered a boquet of roses and carnations
to his majesty, while her companions re
leased a number of doves. Several of the
birds flew to the royal coach, and one waa
caught by .the king. His majesty accepted
the boquet and warmly , thanked the
donors.
The unusual event of two' bullfights In
one day was wltnesr?6 today. - One fight
was held this morning and the other this
afternoon, and the Plaza del Toros waa
filled each time.
The court and the diplomatic representa
tives here attended the laying of the foun
dation stone of the first monument to
King Alfonso XII, the father of the present
king, in the Buen Retlro gardens at 4
o'clock this afternoon. Tb ceremony was
performed by King Alfonso XIII.
Madrid was generally Illuminated tonight
and fireworks were witnessed from different
points of the city.
An address from the king to the army
and navy suitable to the present occasion
was issued this morning.
The Chamber ot Deputies, where King
Alfonso yesterday took the oath to uphold
the constitution,, waa filled to Its utmost
capacity. The brilliant uniforms of the
princes, diplomatic and military and naval
officers, together with the toilettes ot the
women, contrasted strongly with the even
ing dress ot the senators and deputies
present. - 1
A touching incident occurred as the mem
bers of the royal party were leaving the
hall. All of them had left the chamber,
with the exception of the king and the
queen mother, when bis majesty instinc
tively stepped aside to permit his mother
to pass first. But the queen mother moved
back and motioned her son that It was his
place to go before her, now that her re
gency had ended and be reigned aa king. .
ADMITS GIVING REBATES
Frlseo Freight Agent Says His Road
Mad Illegal Concessions
to Shippers.
ST. LOUIS. May 19. J. A. Mlddleton, gen
eral freight agent of the St. Louis & San
Francisco railway, testified at a hearing be
fore the Interstate Commerce commission
in St. Louis that his read had given re
bates on grain shipments In violation ot
the Interstate commerce law, and it Is ex
pected that the commission will at once
ask for an Injunction to restrain that rail
road company from further violations.
The hearing was conducted by Special
Agent Marchand before Commissioners
Prouty and Flfer.
Mr. Mlddleton's testimony was to tba
effect that the 'Frisco, prior to January 1,
190, had made refunds to tba Bronson
Judd Grain company and Langenberg Bros.
Co., on grain brought to the Mississippi
river. He stated that the 'Frisco had been
forced to this practice by the competition
of other lines, which since have been en
joined. The 'Frisco, according ta tba statement
ot a freight official, will make no Objection
to an Injunction; In fact. It is stated that
the' company would rather prefer to have
It. An injunction against the 'Frisco will
put all tba roads In tha grain territory on
the same basis. ,'
Tbe commission has concluded the hear
ing of tha case against the Mobile It Ohio
road. Tha testimony was to the effect
that all shippers bad been made acquainted
with the 11-oent rate on grain between
East St. Louis and Vlcksburg. Complaint
had been made that this rate had been
given to one grain firm in discrimination
against another. Tbe result 'of this hear
ing will be further Instructions from ths
commission In tba matter ot making public
all rate.- An order covering tbla subject
will be Issued at once from Washington, It
Is stated.
Flyanoath Endorses Thomas.
LEMAR3. la.. May 19. (8peclal.) The
Plymouth county republican convention met
yesterday to select delegatea to the state,
congressional and Judicial conventions.
Judge F. R. Oaynor, candidate In tbe Fourth
Judicial district, waa allowed to select bis
owa delegation. Tha convention passed
resolutions Indorsing the renomlnatloa ot
Hon. Lot Thomas to congress and Indorsed
tba candidacy of W. W. Cornwall tor su
OF IOWA
READY FOR THE VETERANS
Largest Crowd that Has Attended Encamp
ment for Yean ii Expected.
NO EXTRA SESSION OF LEGISLATURE
Governor of Opinion Calling One to
Appropriate for Schools for Peat
Would Open Ip Too Many
Other Matters.
(From a Ftaff Correspondent.)
DE8 MOINES, May 19. (Special.)
Preparations are being made for the Orand
Army encampment in Des Moines this week
and It la anticipated that a larger crowd
will be present at the encampment than
at any similar meeting In Iowa for many
years. Tha city Is being decorated, halls
have been provided and special programs
have been arranged tor tbe week. The en
campment proper begins on Wednesday, the
council of administration holding lta an
nual business session on Tuesday after
noon. Among the distinguished persons
who will be present and deliver addresses
are: General G. M. Dodge, Governor Van
Sant of Minnesota, General Torrance, commander-in-chief,
and possibly General Wil
liamson. There will be campQrea galore
and many special reunions. There will
be a reception In the state house by Gov
ernor Cummins and staff to Governor Van
Sant and staff and the members of the
Grand Army of the Republic on Tuesday
afternoon. A reunion of the association of
Spanish-American war veterans will also
be held. It Is probable that Cedar Rapids
will bo selected as the place for holding
the next annual encampment of tba de
partment. Other State Meetings.
In addition to the department encamp
ment ot the Grand Army ot the Republic
there will be several other meetings in Des
Moines during tbe week. The Iowa State
Medical society meets here in annual ses
sion, tbe annual address of Dr. James B.
Guthrie of Dubuque being delivered on
Wednelay morning. The program covers
three days. The State Bankers' association
commences a two days' session on Wednes
day, the feature of wblih Is to be an ad
dress by C. G. Dawes, formerly comp
troller of the treasury. The State Pho
tographers' association will hold a session
in the city during the week and make an
exhibit of photography.
As to Extra Session.
There is no probability ot an extra ses
sion of the Iowa legislature unless some
thing new turns up. This waa made plain
at tbe meeting of the executive council
when the deaf school appropriation was
considered. Tbe governor has considered
that It would be unwise as well as un
necessary to get the legislators together
again. It Is known that If they should meet
to consider the deaf school appropriation
they would also consider many other mat
ters, and the whole field ot general legisla
tion would be opened up again.
Will tiot Entertain Ministers.
A peculiar situation has 'developed In
Iowa In regard to the church meetings held
annually. A committee representing one
ot the conferences ot the Methodist church
in northwestern Iowa went to work to se
cure a favorable location for the confer
ence. The good towns were approached and
Inquiry made as to whether or not the good
people ot the towns would undertake to
give free entertainment for all the visiting
ministers If they came that way. The In
quiry was discouraging to the committee
and members were Informed that neither ot
the towns would care to entertain the con
ference on the usual terms. The Impres
sion prevails that there is a general move
ment to do away with tbe free entertain
ment of conventlona of ministers and the
action of the two towns as reported to the
conference rather Indicates as much.
The ninth annual meeting of the Corn
Belt Editorial association la to bo held In
LeMara tbla week.
Old Man Rnn Down nnd Killed.
FORT D0DOB, la., May 19. (Special Tel
egramsJohn Kinney, aged 76, was killed
by a 'bus at a late hour Saturday night,
being run over on a dark street while at
tempting to cross. Kinney was deaf and
did not hear the 'bus coming.' Deceased has
no relatives that can be located. The
coroner's Jury gave a verdict of accidental
dnath. Deceased was an eccentric charac
ter, well known about town. A search
ot his effects revealed a large number of
women's handkerchiefs which ha bad se
creted. PRAYERS FOR MARTINIQUE
Churches In Parts Hold Services (or
tha Victims of the
Volcano.
PARIS, May 19. At the close of mass In
all tho Roman Cathollo churches ot Paris
funeral palms were chanted and funeral
services were said for the dead In Mar
tinique. The congregations In the churches
were good and collections for tbe aid ot
tha West Indian sufferers were taken up.
At a special service to be held In the church
of St. Augustine tomorrow afternoon Bishop
Cormorant ot Martinique, who Is now In
Parla will pronounce absolution.
The commemorative service for the Mar
tinique dead, which was to have been held
at Notre Dame, waa postponed on account
ot the absence from France of President
Loubet, as this service wss Intended to be
a high religious and state function.
Appropriate services tor ths Martinique
victima were held In all the churches
throughout France today and collections to
aid the sufferers were taken up.
Tbe performance of Barnum t Bailey's
circus at Toulouse yesterday added 25,400
francs to the Martinique funds.
SCHEDULE FOR BOTH HOUSES
Senate Will Devote Entire Week to
Debato on Philippine Gov
ernment Bill.
WASHINGTON. May 19. Tha entire time
of tbe senate tor the present week will be
devoted to tba consideration ot tha Phillip
pine government bill, and there Is no rea
son tor changing previous predictions that
the debate upon that measure will practi
cally be completed before the close ot the
week. Tha fact that there will be an ad
journment of tbe aenate covering next Sat
urday, in order to permit that body to par
ticipate in the unveiling of the Rochambeau
statue, probably will have the effect of
postponing the final vote until the following
Monday or Tuesday. There Is, however, no
longer doubt In any quarter that tbe minor
lty will permit debate on tha bill. Under
the present arrangement the bill will oc
cupy most ot the week and ths prospect
MOTHER GRAY'S SWEET POWDER
for rblMraa. MMh Cray, for mn rmm in the
Children e Horn Is Kew York, traaue chlldrea sue
MHtulir villi a rma4y, no praparm) ana placed la
la drug Dim called Mother Urar'e Sweat Powder
fur Ikudrae. Tkajr r aaralau mm, siaaeaul
Ieeta. coi.ellp.tioA. baederhe, leethlog eaa M amice
akaordere tad nov worm. At all SruaitMa. Ja.
Dou't aecepl .1 eubetHa'-e. Sample aaci r ULai. ad-
to let, Dd oer lail. osnei our lor feenek'
Is against the sandwiching In of much other
business. Breeches in support et the bill
are promised by Senators Burrows, Dot
liver and Fpooner, and In opposition to It
by Senators Hoar, Bacon, Tatterson and
others.
WASHINGTON, Msy in. After finishing
the naval bill this week, the house will take
up the bill reporting from the committee
on foreign affairs, relating to passports.
One day will be devoted to claims, the reg
ular day for that business last week having
been postponed.
Under a sneclsl order a bill for the re
strictlon of Irrigation will be taken up and
It is expected will cause quite a lively de
bate. There is also a prospect of taking
up the Hill bill, relating to subslduary coin
age. This measure will be strongly antagon
tied by the minority and may precipitate
a discussion cf the currency question.
Early In the week the committee on rules
will hold a meeting to decide whether or
not time shall be given for the considers
tlon of tbe bill tor a Pacific cable.
SUPREME COURT SYLLABI
11633. Tarnal against Hupp. Error from
ilea i mow. Anirmea. Hastings, u. uivi
slorr No. 1. Unreported.
1. Signature and seal as a notary public
sufficient to establish, at least prima facie,
the official character of notary of another
state.
2. Amount due on a mortgage Is not af
fected bv the fact that an action on the
note, which it secures, is barred by the
statute, or limitations,
3. Where both note and mortgage provide
for 10 per cent per annum Interest after
maturity such agreement fixes the Interest
to be allowed on foreclosure.
llfWO. Omaha Loan and Trust Company
against Borders. Appeal from Buffalo. Af
firmed. Barnes, C. Division No. 2. Lnre
ported.
1. The fact that the officer had the certl.
flea ten of prior Hens In his possession at
the time of the annralsement of real es
tate under an order of sale and called the
attention of the other two appraisers
thereto, nut oops not deduct tne amount
thereof from the value of the land until
after they separate, does not render the ap
Dralacment void.
2. The appraisement of lands made for
the purpose of a Judicial sale cannot be
attached after such sale, except on the
around of fraud. President and Directors
J of Insurance Company of North America
RfainBi jcKrrman ei ai, oo jx, vt. xcp.,
2Si, approved and followed.
11665. Sutton Exchange bank against
Groamhans. Error from Clay. Affirmed,
Barnes. C. Division No. 2. Unreported.
1. The verdict of a Jury upon Questions
of fact submitted to them Is final, unless
such verdict is clearly and manifestly
wrong.
2. Where the evidence is confilctlna: and
the court upon a careful examination of It
is unaDie to say inai a vemiot Dasea
thereon is clearly and manifestly wrong
the presumption Is that the Jury, In their
deliberations, were uninfluenced ly passion
or prejudice, and that they acted from
proper motives, and unless there Is some
proof In the record tc the contrary the ver-
aict will not De disturoen.
lisxo. Levy against Hinz. Appeal from
Douglas. Affirmed. Pound, C. Division
No. 2. Unreported.
1. The fact that appraisers did not ex
amine the interior of a house upon prop
erty to be sold under decree of foreclosure
does not prove or ltseir that they acted
fraudulently In making the appraisement.
2. A notice of sale which follows the de
cree in stating the claims for satisfaction
whereof the land Is to be sold Is not open
to objection. Irregularities or error in the
decree must be corrected as such.
3. Where Irregularities In the conduct of a
Judicial sale are charged the finding of the
district court on conflicting evidence will
not be disturbed unless clearly wrong.
11716. Druse against Davey. Appeal from
Lancaster. Allirmed. Day, C. Division
No. 1. Unreported.
1. The supreme court, though tTylng a
case de nova on appeal, will not disturb
the finding of the district court unless the
finding and decree cannot be reconciled
wfTfi any reasonable construction of the
testimony. Oadson v. Phelpa, 37 Neb., 890,
followed.
2. Evidence examined and held to support
the finding and decree.
11749. Ashley against First National
Bank of Sutton. Error from Clay. Af
firmed. Duffle, C. .Division No. 3. Unre
ported. . . w
1. A tract, of land was encumbered bv
three mortgages, the first mortgage being
for $2,400. in a proceeding to foreclose the
second mortgage a decree was entered
finding the amount due thereon and es
tablishing it aa a second lien on the prem
ises subject only to the lien of the first
mortgage for $2,400, "with the accrued In
terest thereon."
2. Prior to the sale the court directed the
sheriff to Include In the appraisement as a
prior Incumbrance the sum of $1. 138.67 as
interest due on the $2,400 mortgage, and
the appraisement as then amended showed
the defendant's Interest In the land to be
$68.11. The, land sold for $500. The de
fendant filed objeotlons to the appraise
ment and to the confirmation of the sale
and made a showlna- that the Interest riua
on the $2,400 mortgage was $1,100 only.
d. iiem, mat conceding that the court
had no authority to make the order which
It did relating to the appraisement yet, as
the land sola for more than two-thirds of
Its appraised value, counting the Interest
on the first mortgage at $1,100, only the de
fendant waa not prejudiced thereby.
11704. Fort ugalnst Cook. Appeal from
Otoe. Affirmed. Hastings, C. Division
No. 1. Unreported.
The words "his or her heirs ' aa used In
section 17 of chspter xxxvl of the Compiled
Statutes of Nebraska, refer to the heirs of
the decedent and not to those of the sur.
vlvor. Schuyler v. Hanna, 31 Neb., 307,
followed.
10034. Buchanan against Edmlsten. Ap
eal from Dawson. Former opinion ad
ered to. Albert. C. Division No. 1. tin.
reported.
10682. Wllllts against Harlan County.
Error from Harlan. Dismissed. Klrkpat
rick, C. Division No. 1. Unreported.
Where a Judnment is entered In the Aim.
trlot court In favor of a party to the pro
ceedings, and error from such Judgment la
prosecuted to this court without making
such party a party to tha error proceed
ings, this court has no Jurisdiction to de
termine the correctness of the Judgment.
hci onneii against uettman. Error
from Lancaster. Reversed and miniiH
Hastings, C. Division No. 1. Unreported.
l. evidence by a number of real estate
dealera and managers, In general terms,
that a leasing of a room waa by custom
in the citv of Lincoln understand t in.
elude an agreement of the lessor to furnish
neai wnen ne maintained a heating plant
in the building where each witness
acknowledged that in cases of written
inaeca u was usual 10 incorporate an agree
ment as to the matter, and no Instance ot
such heating by the lessor without a stip
ulation to that effect In the case of a writ
ten lease could be cited. Held, Insuffi
cient to uphold a verdict for defendant in
an action to recover for furnishing aucb.
heat to a tenant whose written lease con
tained no such stipulation and who did not
claim that any express agreement to fur
nish It was made.
11486. Buettgenbach against Gerblg. Ap
peal from Lancaster. Reversed and re
manded. Oldham, C, division No. 1. Un
reported. 1. The statutory provision for the con
veyance or Incumbrance of the homestead
are exclusive.
2. Evidence exsmlned and held to not
show an abandonment of the homestead,
3. A court of equity will not enforce a
contract made In contravention of a stat
ute. 4. A mandatory Injunction will not be
granted except to prevent a failure of Jus
tice, and then only when the right is clearly
established.
11626. Kear against Eastern Building and
Loan association. Appeal from Lancaster.
Ames. C, division No. 3. Unreported.
1. When a member of a so-called mutual
loan association, not incorporated under
the lawa of the state, borrows money of
the society at an eprreed rate of Interest
and aurrenders to the aoelety his shares
of stock therein and stipulates to continue
the payment of monthly dues upon such
shares, such stipulation Is without con
sideration and la void, and the borrower's
obligations to the sssoclstlon are dis
charged by the repayment of the loan with
interest at the agreed rate.
, 11S53. Van Auken agslnst Mlsner. Appeal
from Saline Reversed and remanded. Al
bert. C, division No. 3. Unreported.
1. The statute of limitations does not be-
Sin to run against an action to cancel a
eed. constituting a cloud on the title to
real estate, until some right or title is as
srrted under such deed, and such fact la
brought to the knowledge of the holder of
the title.
2. The mere record of an instrument,
signed and acknowledged by the owner of
real estate, but not delivered, which is
taken from his possession and filed for
record, without his knowledge or consent,
by the grantee named therein, la not no
tice to such owner that such grantee
asserts some right or title under the deed.
2. Laches will nut be Imputed to one from
a mere failure to watch the records to
guard against the recording of a forged or
undelivered deed purporting to be a con
veyance of bia real estate.
Reapers Fall to Heap.
I
Nln Reapers endesvored to wrest vic
tory from the Olympics In a base ball
game Sunday afternoon, but tbrlr machines
were not well oiled, and 'they loat by a
score of 17 to i. This despite the fact
tnat r nspstnck and t nase pucnea great
bull for lh hrapars. tbelr sxcellencs bclna 1-4 ' '
more than offset by numerous and I A .............. .....
firrar,t frror matfS X their . ttaliiX. tM"tITt.tTtt
NO USE FOR CREED RELIGION
Dr. Van Dyke, Moderator of General Ai
tembly, Pleads for Actual Christianity,
BEATS DOWN BARRIERS OF SECTARIANISM
Holds Up Christ as Only Example nnd
Urges All Followers to Unite
la Him for More Charit
able Service.
NEW YORK, May 19. Tha pulpits of tha
Presbyterian churchea In Greater New York
were, for tho most part, filled Sunday with
preachers from other places, all ot the
speakers being In attendance on the ses
sions ot the general assembly.
Rev. Henry Van Dyke, D. D., the newly
elected moderator of the assembly, preached
the assembly sermon at tha Fifth Avenue
Presbyterian church. This la the largeat
Presbyterian church In the country and Its
capacity was taxed.
Dr. Van Dyke waa Introduced by Rev. J,
Rosa Stevenson, D. D., the new pastor of
the church. The moderator's sermon was
an appeal to Presbyterians to come from
behind their denominational barriers and
do battle for Ood. "There Is good fight
lng," be mid. "all along tha Una on Fifth
avenue, aa well aa on the lower East Side
Dr. Van Dyke'a sermon was from tbe
text beginning:
Christ the Door.
"I am tbe door." In one part of It be
said:
Christ Is the door of our faith. There
Is no advance In religious knowledge, ex
cept through Him. There Is no revision
oi creeos. save tnat to which He leads,
vMthout Him there may be change, but
me oniy posniDie improvement is to tune
the music of our faith more closely to
me Keynote or his name, livery forward
movement must be through Christ. His
wora is our chart. His spirit Is our guide.
His person Is our star. Our motto Is:
inoi a new gospel, but more gospel.'
Theology through Christ means the out
going of he soul Into life with Ood, with
new experiences, new wonders, new glories
unfolding every day. Beloved, now we
know In part. And the door that opens
oeiore us into a wider, nener, truer knowl
edge of Ood. Is Jesus Christ. His onlv son.
our Lord, who is the blessedness of the
Father's glory and the express Image of
ms person.
Again Dr. VanDyke said: Faith In Christ
says: -tie tnat is not against ua is for us.
No Use for Creed Religion.
I have no rnnflnanra In that mnr .
Christianity, which will not Join hands
witn an honest Hebrew to relieve suffer
ing and enllchten isnoranco I have nn
confidence In that kind of Protestantism
which refused to take hold of one end of
ine iiuer in wnicn a wounded man Is lying,
because a Roman Catholic has hold of the
other end. I have no confidence In that
kind of Presbyterlantsm which lives In
hostility and hatred towards Chrletinna
navmg omer creeos ana lorms of worship.
I. have no confidence In that kind of a
cnurch which resembles a private religious
iiuu, i sunn onij inr me comrort and re
spectability of Its members unreasonably
sure of Its own salvation and Indifferent to
inn salvation or tne world.
I believe In that Preshvterl
is evangelical and evangelistic which
loves the old gospel so much that it can-
nut Keen it to ltseir. anil nhlrh hai nn
rivalry with anv other church. Tc.nl r
try to see who can do the most good in the
worm, i oeneve in a cnurcti which aroes
through Christ and with Christ, m auu
and save the lost. I believe In a Chris
tianity which Is a giving, forgiving:, sym
pathising, self-forgetting, and therefore,
happy life of ministry to the soul of others.
id I believe that the nprfectlnn and con
tinuation of Joy Is heaven.
Defines Presbyterlanlsm.
Rev. Dr. Herrick Johnson of Chicago.
preaching In the Brick Presbyterian church
today, gave an exposition' ofj Presbyterlan
lsm as understood by him. Ha said in part:
We heard from a ethics niatfnrm n,t
of the mouth of an evangelical clergyman
in good standing, that our orthodoxy stag
gers at nothing that will fill hell and is
always facing a grave yard, looking at the
dead past. To vindicate the Presbyterian
belief from the aspersions cast upon it
resd the text: "For Ood so loved the world
that He gave His onlv begotten mn that
whosoever belleveth In Him should not
perish, but have everlasting life." There
Is the foundation of our theology. There
Is nothing oi, earth, nothing in hell, noth
ing In the whole universe, outside our own
hearts, that can prevent our being saved.
Thus, the Presbyterian orthodoxy is trying
to fill heaven, while it la represented as
trying to fill hell.
But what of election? Nothing. I' be
lieve in election. Suppose that 200 men are
In prison and announcement is made that
all have been pardoned and the doors are
tnrown open ana do man goes out. Then
I go to 150 of them and with a kind of
loving violence persuade them to leava
prison. That is election., but do I keep
the others In? The way Is open for them.
Every man can be free If he will.
Harris-Johnson.
ASHLAND, Neb., May 19. (Special Tele-
gram.l Olln E. Harris of Omaha and Miss
Mame E. Johnson of Ashland were married
at the residence of tbe bride's parents at
noon today, by Rev. L. A. Husaong, pastor
of the Christian church. The bride Is the
daughter of Timothy D. Johnson. The newly
wedded pair left on tbe 2:12 tratu this aft
ernoon for Omaha, where the groom la em
ployed as cashier of the Nebraska Molina
Plow company.
Movements of Oeean Vessels May 18.
At New York Arrived: Algonla. from
Leghorn and Naples; Cymric, from Liver
pool and Queenstown; Statendam, from
Rotterdam and Boulogne; Rome, from Mar
seilles and Naples.
At Auckland Balled: Blerrla, from Syd
ney. N. B. W.. for Pago Pago. Honolulu
and San Francisco.
At Liverpool Arrived: Georglc. from
New York.
At Naples Arrived: Vancouver, from
Boston, for Alexandria.
At Movllle Sailed: Columbia, from Glas
gow, for New York.
At Queenstown Sailed: Umbrla, from
Liverpool, tor new xom.
Aai-Asi.st.As4Asi.siA
Method and Principle
There are two stage In the
perfection of
i
X
Hunter
X
1
I Whiskey f
vil.
J Maturity and Purity
There are two principle
of fair dealing, viz:
It l Always Uniform
It Never Disappoint
14 al all SraVelaas aafai aad br fohhats.
m. amaji m sua, aammors, ao.
Mrs. Ellen Ripley, Chaplain Ladies Aid,
Grand Army of the Republic, No. 7, 222
10th Ave. N. E., Minneapolis, Minn.,
Strongly - Endorses Lydia E. Pinkham's
Vegetable Compound.
Dear Mrs. Pinkham Your Vegetable Compound cured me
of ulceration of the womb, and getting such a complete cure I felt that
the medicine had genuine merit and was well worth recommending
to other sick women.
" For fifteen years-1 have been your friend. I have never written you
before, but I have advised hundreds of women to take your medicine, in
fact it is the only real reliable remedy I know of for a sick woman.
" I have not yet found a case of ovarian or womb trouble which
has not been relieved or cured by the faithful use of Lydla E.
Pinkham's Vegetable Compound.
" You have brought health to hundreds of women in Minneapolis as
you have no doubt to others over the country." Mrs. Ellen Ripley.
$5000 FORFEIT IF THE ABOVE LETTER IS NOT GEJiUIXE.
When women are troubled with irregular or painful menstruation,
weakness, leucorrhcea, displacement or ulceration of tho womb, that bearing-down
feeling, inflammation of the ovaries, backache, flatulence,
general debility, indigestion, and nervous prostration, they should
remember there is one tried and true remedy. Lydla E. Plnklmui'
Vegetable Compound at once removes such troubles.
No other medicine in the world has received such widespread and
unqualified endorsement. No other medicine has such a record of cures
of female troubles. Refuse to, buy any other medicine.
1
O 1 n
oysiem ji
"House
Cleaning"
You clean your house thoroughly
every spring. If the plumbing is
clogged you go to any expense to
reopen it. Yet you overlook
your own physical condition.
This is the season,, after a winter
with lessexercise than usual, when
a thorough "House Cleaning" of
your system is a necessity if you
value your health and good feeling
MULL'S
r
b GRAPE 1
TONIC
THE FRUIT LMTIVE
Gentle, yet sure in its action,
pleasant to the taste and marvel
ous in its building-up powers. .
Regulates tha liver, stomach and
kidneys and purines the blood.
It ia the great spring medicine.
Invaluable to invalids and those
suffering from want of nutrition
and wasting diseases. A large
bottle for 60c, the usual $1 size.
Sherman & McConnell
Drug
pn 16th & Dodge
VI
Omaha, Neb.
All pain from whatever cause
cured by Mull's Lightning
Pain Killer. Drink It or rub
It on cents.
-J
A SKIN OF BEAUTY IS A JOY FOREVER
D
R.T. FELIX GOCRAUD'S ORIENTAL
CREAM, OR MAGICAL BEAUTIFIER.
Bamovas Tan, Pimples,
Pracklee. Moth Pstohes.
Kaah and Skin dla
eaaa, and svery
bletnlih on beauty,
and defies detec
tion. It has stood
the test of 64
years, and is ss
harmleea we taste
It to be sure '
is properly made.
Acornt no counter
feit ot similar
name. Dr. 1 A.
Sayre said to a la
dy of the haul-too
(a patient):
"Ah vaii laitl. will ua Ih.m 1 r.ram.
men! 'OOURAL'D'B CREAM' as ths least
harmful of all the Skin preparations." Fur
sal bv all Druggists ana Fancy Goods
Dealers In the U. 8. and Europe.
FGHU. T. HOPKINS, Prop',
17 Great Jones 8L, N. Y.
LOW ROUND
TRIP RATES
-VIA-
UNION PACIFIC
ritOM
MISSOURI RIVER
$15
$19
MX u lcii Tri f vviurnnu
Hpriugs, and Pueblo,
Colo.
Juno 22 to 24, inclusive.
July 1 to 13,
g. n To Denver, Colorado
nfl HprLogg, and Pueblo,
,w" Colo.
June 1 to 21, inclusive.
June 25 to 30, "
$25
MTo Salt Lake City
and Ogden, Utah.
August 1 to 14, inclusive.
$25
ft ft To Olenwood
UU Springs, Colo,
June 22 to 24, inclusive.
July i to 13,
$30
nn to Halt uuy
UU and Ogden, Utah.
June 22 to 24, inclusive.
July 1 to 13, "
ft ft To Olenwood
UU Springs, Colo.
June 1 to 21, inclusive.
June 25 to 30, "
$31
$32
nfl To Bait Lake City
UU and Ogden, Utah.
June 1 to 21, inclusive.
June 25 to 30. "
July 14 to 31, "
$45
fin io Hun Francisco or
UU Los Angeles, Cal.
May 27 to June 8, inclusive.
August 2 to 10, inclusive.
ftfl To Portland, Ore.,
.Ill Taoorua and Seattle,
$45
May 27to June S, inclusive.
July 11 to 21, inclusive.
City Ticket Offloe, 1324 Fernem St.
shon SIS.
Union Station. 10th and M eroy. Phon a 20.
ijQRAPE J
TONIC II
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av
