Omaha daily bee. (Omaha [Neb.]) 187?-1922, May 31, 1902, Page 8, Image 8

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Count Auditor Complete Tabulation of
Eeturni of Asseuor.
As Heal Estate Is Xot Assessed this
Year Inproremrnta Are Usted
a Peratfaal aad Help
Boost. Personalty.
Cauntr Auditor Innee yesterday com
pleted the footing of the assessors' books
(or the entire county for the assessment
of personal property for 1902. They show
an lncresm in actual tsIus of 119!, 318 and
In taxable Talus of $48,S29 over 1901. The
: total actual value for 1902 Is 98.408.613, as
gainst $8,315,1D for 1901. The taxable
' stflu Is baaed on 25 peY cent of the actual
The personal propsrty assessment for
'1902 la In reality less than for the pre
; ceding yes re, as $302,438 Is the amount
seesse4 for new buildings and Included
In the personal property assessment, while
In 1901 this class of. property wis Included
In the real estate assessment. This yesr
only personal property is assessed, the
ssesment of real etate for the preceding
year being used.
The moneys and credits show an Increase
of I190.39S over 1901, while corporation
stock -enows a decrease. of 148,344. Mer
chandise shows an Increase of 2192,214 over
1901 and other personal property besides
tbat enumerated shows an Increase of
. The footings of the assessors' books give
these totals on the different classes of per
sonal property for 1902:
Polls funrter 4B) 4,87s, (over 45) value
Of new bulldlnirs. t.ia.438; 1-year-old heifers,
1097; value. 1174,831; 2-year-oM heifers,
1472; value, $152,935; cows, 22.3.V5; value,
l.m; 1-year-old steers. 12,920: vsltie,
1304,t; 2-year-old steers. 3.180; value,
764; -year-old steers, 63, value, 12,364; cattle
In feeding, 13,639; value, :23.M4; bulls,
1 32; value, 260.2.18; swine, 81.607; value,
2563,879; sheep, 7,W7: value. $16,224: fcjats,
157; value, $340; 1-year-old colta. 1,607; value,
$44,912; 2-year-old colts. 4,168; value, $o4,6oO;
horses, 16.603; value, $302,747; stallions, 86;
Value, 130,754; mules, 1.416; value. $75,292;
Vehicles, 4,207; value, $88,14"!; household fur
"nlture of hotels and boarding houses, $27,
fl50: moneys and credits, $1.838,2; corpora
tion stock. $436,432: merchandise. $1,812.56:
(Capital employed In manufacturing, $25,368;
other personal property. $664,232; total value,
$8,408,612; taxable value, $2,102,128; dogs,
male, $.048; female. 147.
Davis sells paint.
'. Janes McCabe Dies Inespecfeii.
James McCabe, member of the law firm
of Harl A McCabe of this city, died shortly
after midnight Wednesday at hist home In
Mornlngslde. He had been aerlously ill for
several weeks with complications arising
from an attack of sciatic rheumatism, but
his death was not expected. His wife, two
004 Charles and Fred, and one daughter,
Norah, survive him. Captain McCabe was
born at Marietta, ij.. In September, 1844.
Ha enlisted In the federal army from New
Tork In 1862 and served In the Sabine Pass
expedition and at the siege of Port Arthur.
Ha lost his arm In General Banks' Red
river expedition.
' After -leaving, the army he studied In
college at Athens, O., and moved to Shen
andoah. Ia..' In 1872. He was married to
Mlas Hannah Low In 1873.. He moved to
Council Bluffs in 1890 and formed a part
nership with Charles M. Harl In the law
business. He practiced In this city and
Omaha and was well known to the bar of
Douglas county and western Iowa. Ac.
cording to present arrangements, the fu
neral will b Sunday afternoon. Rsv. W.
1. Calfee, pastor of Brosdway Methodist
ehurch. of which Captain McCabe waa a
romlnenf member, will conduct the ser
rlces. assisted by Rev. W. S. Hooker ot
Red Oak and Rev. W. S. Barnes, pastor
t ths First Presbyterian church of this
Hty. ,
Plumbing and heating. Blxby & Son.
Christian Conveatloa Adjoarns.
Ths convention of the Christian church
t the Bouthwest dlatrlet of Iowa, which
has bsen In seeslon since Mondsy evening,
clossd last night with one of the best at
tended meetings of ths series. The morn
ing eeeelon yesterday was given over to
the discussion of the bible school. The
afternoon session was devoted to the Chris
tian Bndeavor society and its work. Rer.
a. M. Perkins of Vllllaca, former pastor
of. the church In this city, gave an in
teresting talk, taking as hU' subject "The
Analysis of the Dlble." The feature ot the
oinain aeaslon was an address by Rev.
1. J. Dow of Pes Moines, who spoke ot the
decline- of tbe Christian Endeavor society
and recommended aeveral methods for in
stilling treeh enthusiasm into the society.
Kt T. Plumbing Co., telephone 250.
' Toaaell Inspects Pavtas;.
The City council Inspected the paving on
wir.f averiue. recently completed by Con
tractor Wlckham. yesterday afternoon, and
htimvMl the assessment schedule prepared
ty the city engineer. The council decided
hat all the abutting property was able to
vbear the assessment for the cost of ths
improvement. A resolution waa adopted
ordering the payment of Contractor Wlck
fXtam of the city's portion of the expense
'or ths psvlng opposite Bsyllss park. Ths
kouncll also tnvestlgsted the condition of
61xth street swath from Fifth avenue,
which haa been ordered paved, and de
rided tbat aa U la new almost Impassable,
wlng to ths holes and ruts. Contractor
Vlckham be Instructed to pavs thla street
Mlt. ' "' ' ...
Davis sells glass.
Davis sells drugs
Stocksrt soils carpets and rugs.
Wnlimsn. scientific optlclsn. 8-B'way,
Leffsrl. eyeslgb specialist. S Hr-a-fx'.
Special sals of photo frsmes. t-.
ander Co.. UJ Broadway.
Take home a brick of Metsger'S Ice
cream.. Vanilla. c;. Neopolltan. .'.
Mrs. at. N. Waller and children left ya-
. Msar ts (tikM ! us (MM. Your tai
(I niiKa. areua 4 hot. n s " V1'';
II row h uaoKlug Isot or ilsht shoos, try Anon
It cools too lot. a4 sk-s -.Ulns
anil lM, lnruin oollo. blio-
all a os4 liro Ml i tomfort. Try u lr;
SoM Sr oil drusalou aa hoo woraa tor tic. t
aoeopt susoitmis. . Trtsl so TKaB. A4
row. 4 IKS 01ftiMo4. Ut Aoy, N
Dyed and prsiooa Special attention
given lsaies' snraients. Auto chenille
urtatns tneatlr" rlsaned, dyed 'and
i.reaand. 'Phone' IXls. Iowa Steam Dye
Works. M Broad may.
Nv4 (Saoosaaor to W. C. Estsp)
T M TltJkMU aTstKBT. 'Phaas 91.
terday on a visit to relatives In Chsrles
City. Ia.
Excelsior Masonic lodge will hold a spe
cial meeting this evening for work In the
second degree. '
A ma rr Inge license was Issued yesterday
to Frank 8. Green, aged 28, and Henrietta
Hotchkln, aged 19. both of Council duffs.
Mr. and Mrs. Charles Green and Mr. and
Mrs. B. Brandt have gone to Seattle,
W'ash.i where they will spend the summer.
Henry Shsw, arrested Tuesday night
charged with Insulting women on the pub
lic street, was discharged yesterday, no
one appearing to prosecute him.
President Flnley Rurke has called a
meeting of the Pottawattamie County Bar
association for 9:30 o'clock Bnturday morn
ing to take action on the death of Captain
James McCabe.
Don't forget that we have a big selec
tion of croquet sets snd also remember that
we sell them at a reasonable figure. Tour
Investigation will decide that. Petersen &
Bchoening, Merrlam block.
It Is a pleasure to mow your ysrd If you
have the right kind of a lawn mower. Have
you seen tliHt light running, ball-bearing,
keen cutting machine at Petersen &
Bchoening s? It beats 'em all.
J. 3. Stewart, administrator of the
Thomas Officer estate, began paving the 6
per cent dividend authorised by Judge
wheeler of the district court yesterday, to
the creditors of the Officer & Pusey bank.
No use to figure how cheap you can buy
hardware when you want to build. Just
leave your order at Petersen & Bchoenlng's
end you can sleep peacefully that your
hardware bill will be the lowest that any
firm can make it.
John R. Furlong, an old time newspaper
man of Council Bluffs, now a prosperous
mine owner, with his home in Boulder.
Colo., Is renewing acquaintances In this
city. Mr. Furlong looked in vain for many
of the old landmarks. . -.
There Is no art in buying a hammock If
?'ou go to the right place. It Is to your
nterest to go to Petersen & Bchoenlng's
when you want one. They Inugh competi
tion In the face when It comes to ham
mocks, both In styles and prices.
O. Blodgett, boss of one of the railroad
camps on the Great Western grade, filed
an Information yesterday in Justice
Bryant's court against "John Doe," a
negro, whom he charged with drawing a
revolver and threatening to shoot him.
From now on It will tax the wits of the
people to figure out how to keep cool. The
first step in the right direction Is to pur
chase a refrigerator at Petersen & Bchoen
lng's. They have what one might term the
only one that gives universal satisfaction.
The Phllomathlan Literary society of the
High school has elected these officers for
the ensuing year: President, Charles
Campbell; vice president. Alfred Hanchett;
secretary, Charles Baldwin; treasurer,
Clarence Hennlnger; sergeant-at-arms,
John Clark.
The supreme court has affirmed the ver
dict of the district court here in the suit
of J. C. Nlelson against the city of Council
Bluffs. Nielsen was given $1,000 damages
for Injuries received by stumbling over a
water lock box on the sidewalk near the
Northwestern depot.
The hearing on the application for the re
moval of Receivers Bereshelm and Murphy
of the Officer & Pusey bank was post-
foned yesterday by Judge Wheeler, owing
o the death of James McCabe. one of the
attornevs for the receivers. Tne hearing, It
Is expected, will be had Monday.
The suit of D. G. Pugh against Sarah
Proffitt was settled In the district court
yesterday after the case had been called
for trial. Pugh sued to recover damages
for a Dortlon of his land taken bv Mrs.
Frotfltt for a road. The condemnation Jury
awarded him $7.50 damages and from thla
he appealed.
It would take a page or more of this
fiaper to go on and describe the Immense
Ine of furniture and house furnishings at
Petersen A Bchoenlng's. They Invite every
conservative buyer to look over their stock
and stand ready for the verdict when they
get througn as to tne quality or gooas ana
ecomomlcal prices. .
Joseph Newman, who- while intoxicated
went to sleep In sn alley, was fined $5 and
coets In police court yesterday morning,
He had quite a sum of money on him when
discovered by a policeman and part of this
waa used to pay his tine and he went tils
way rejoicing that he had no been robbed
before the officer found him.
A large number of delegates from the
various camps of the Iowa Society Army
of the Philippines are expected to arrive
In the city this morning to attend a meet
ing at the Grand hotel, at which plans for
the entertainment of the meeting of the
national society, which will be held In this
city August 13, 14 and 15, will be discussed.
An Information was filed in Justice
Bryant's court yesterday by J. E. Butler,
road supervisor for Kane township, charg
ing John Burroughs, a contractor on the
Great Western, with destroying the publlo
highwsy. Burroughs Is building the via
duct over the Rock Island tracks on Madi
son avenue, outside the city limits, and Is
alleged to have driven clllna- Into the road.
way, although warned not to do so by
oujjcrvisur xsuuer.
Gravel roofing, A.' H. Read, 641 Broadway.
Real Estate Transfers.
These transfers were filed yesterday In
the abstract, title and loan office of J. W.
Squire, 101 Pearl street:
Henry and Anna Sperling, executors,
to j nersa iNeunas, b acres in ae cor
ner IWU neU 7-74-43. e. 1 1 MA
Ellen Gannon to Philip Blntx, nH nefc
anu ixrt nwi s-jo-u, w. a V.tnO
Total, two transfers
Keane Believes Report of Hla Sncces
sioa to Corrla-an Originated
la' law York. -
DUBUQUE. Ia., May SO. (Special Tele
gram.) "I think tbat cablegram originated
in New York." said Archbishop Keane to
day, referring to the report from Rome tbat
he would be appointed to succeed Arch
bishop Corrlgan at the consistory June 9.
Clergy attached to the archleplscopal
residence thought te succession would not
be considered until after the month's mind
for the dead metropolitan. Another clergy
man credited the report from Rome.
He said Keans was the first choice of the
clergy of New York aad the country, snd
owing to effective services for the church
in Cuba and the Philippines wsa In high
favor at Rome where Governor Taft and
Bishop O'Oormsn are now.
RevlvlnsT Fair Association.
CRESTON, Ia., May SO. (Special.) C,
L. Fullard haa been selected as president
and James McCornack aa secretary of the
new Creston District Fair association. Thu
old fair grounds tract has been fixed up.
The association is now engaged In putting
up buildings and sheds on the ground,
which will cost nearly $4,000 and the dates
ot the fair have been set for September
It to 19. This will be the first fair In
Creston for ths past ten years, and if It
proves successful H will be made a perma
nent thing. ,
' Allra-ed to Have Gltoa Polsoa.
WATERLOO. Ia.. Msy SO. (Special Tele
gram.) Mrs. Llxxle Scrogglns was arrested
today charged with poisoning her husband
by placing strychnine In his food. He la
50 years old and ahe la 19. They have just
completed a four weeks honeymoon. Both
have secured divorces from former partners
and both have stood trial for adultery. The
i food pumped from Scrogglns' stomach is
, being held for chemical analysis.
. r. r- .
Blast Psrsscc Workers Tako Steps
to Eaforoo Dus tar ,
kOfrter Day. ,
. YOUNGSTOWN, O.. May 0. Three thou
snad blsst furnace workers, about oqually
iflvliled In number betwsen the Mahoning
and Sbenango valleys, will quit work Sun
day morning to ecforre their demands for
an e'got-hour day and. a three-shift fore
of workmen, each to work sight .hours,
The union officials state tbat they will
include the Pittsburg district in the strike
when the organisation there ts aumcleatly
thorough t Vterrant calling them ouU
Frank W. Brigg Dying as Result of
Injuries Inflicted by Footpads.
State CenventloaJ
Probability that
Will Not Be Held I all Soma
Time Daring; the Month
of Aaa-ast.
(From a Staff Correspondent.)
DBS MOINES, May 80. (Special.) Frank
W. Brlggs, a printer, well known in Des
Moines, Is lying at the home of the chief of
police in this city, critically til from the
effects of a beating he received from foot
pads. He had removed to Fort Dodge, in
tending to live there, and came back to
Des Moines to look after some business
matters. He la a brother-in-law of the
chief of police and at a late hour at night
was on his way to the home of the latter,
Passing an alley he heard a groan and
going into the alley was set upon by two
unknown men, who beat him into lnsensl-
blltty and rifled his pockets of money, get-
ting $32 for . their crime. Brlggs waa found
unconscious and it is believed ha can
hardly recover from hla wounds.
Democrats to Meet. I
The democratic state committee will
meet In Des Moines June 6, to make ar-
rangemenu for the democrats state con-
ventlon this vear. It ts nrohable that the
convention will be called to meet the latter
part of August in Des Moines. There has her family and wheeled her about. wn?n
been no consideration given to candidates th clv'l war broke out he enlisted. Re
by the democrats this year. cently he went to Jamaica, and there
The call has been Issued for the thirdly . month. On receiving his censlon
annual convention of the Gideons, the
Christian Traveling Men's association, to
be held in Cedar Rapids beginning June 4.
It is expected at least 600 delegates and
members will be present. The last annual
meeting was held at Madison, Wis., when
thirteen statea were represented, the reports
of the officers of the organization showing
that camps had then been established In
thirty states. Iowa stands third in the
list of membership. On Sunday, June 5,
the services In several of the churches will
be given over to the Gideons.
Cedar Rapids Water Works Case.
The supreme court this morning rendered
an opinion In the famous Cedar Rapids
waterworks case, reversing the lower court, I
but falls to decide the vital point of
whether a water company may be com-
peiied to accept reduced payments from
city as failure to fulnll contract to main-
tain bign degree ot water pressure In the
nyoranis. ine city tenaerea tn settlement
oi me ciaim iwo-iniras me price mat
wouia nave oeen paid naa tne pressure
been what waa promised. The lower court
ruled that the city must pay all or none of
the claim, and tbat the tender of two-thirds
the amount waa not good The supreme
. - k T . ' " "J T ,l . I
- . If e n, T 1 . "Z "
Ings excluding evidence on the part of the
defendant and excluding certain instruc
The Iowa supreme court today rendered
- n -nUlM Im th n - - K -1- 1 1 - 1,111
" ; . i ;
.u..u i i
ronawaiiamiv county; juuge xnacy; action I
tn r.nrln execution of .heHiT'. .f-I
. j. k nr .,,
firmed; opinion by Waterman.
Rev. Dr. Guy Potter Benton, president of I
the Upper Iowa university at Fayette, la.,
baa accepted the presidency of Miami unl-
veralty, Oxford, O.
Friendly Sons of St. Patrick Banqaet
the Rochambeaa Delegates
front France.
Virnr vrrnif 9n ... .
NEW YORK, May 80. The member Of
the French delegation after enjoying the
hospitality of Whltelaw Reld at Ophlr Farm, In fee simple and entitled to the nosses
wm. rt,n. . .K- .... slon". of the land In controversy, and deny-
, - -i
night. I
At 6 o'clock the Sixty-ninth regiment
escorted them from the Waldorf-Astoria
to me Denquei given at ueimonico Dy tne I
Friendly Sons of Bt. Patrick. I
The walls of the banquet ball were cov-
ered with festoons of flags, bunting and
great bunches of green . oak leave. The
Stars and Stripes and the flag of Ireland
were draped with the French tricolor on
every aide. Directly behind Supreme Court
Justice Jamea O'Gorman, president of the
Friendly Sons of St. Patrick, waa a life
.tied painting ot St. Patrick. Immediately
over the president were illuminated let-1
ters reading: "Cead mile fallthe."
Among those present, besides the mem-
bers of the French mission, were: Gen-1
eral Horace Porter, American ambaatador
t W Rnnrk r..b.. t
- - - .m, v Miii.v
Fitzgerald, J. I. C. Clarke. Colonel Theo-
dor. Bingham. U. S. A.. Samu.l Sloan,
Ambassador Cambon. Mayor Low, Rev. John
ireiaaa, x. u., arcuDisnop or ou raui;
Chauncey M Dep.w Consul General Bru-
waert. Rev. John McOolrlck, D. D., bishop
of Duluth; George I Rives, Judge Joseph
F. Daly. Justice Morgan J. O'Brien, John
A. McCall. Thomas F. Ollroy. Charles W.
Dayton, Surrogate FtUgerald, Perry Bel-
mont ana William McAdoo.
Following the dinner President
man read the fallowing fm
President Roosevelt, which waa received
with cheers:
WHITE HOT? BE WAHmwriTnw M.v where the extrinsic evidence is run, un
! ff.B ""Ji' V.A.B"iJ:?TV.N' .lm' .niiivoral and satisfactory, the terms of the
Friendly Son. VTfi XZZEgiXVZ IltXZ '0 'U'Uln
the members of the society of my hearty b".''? again?? McMurtry. Krrcr
appreciation of their cordial Invitation and ,f.ler fteveraed and remanded,
express to those present at the dinner my fm "jXV.Ion No 1
very real regret at my Inability to be "tinr. hv i grantee of a deed
pl,?:ent' A .!houU1 r""tJ,y nJo, be,n agSnS ?h?s ? r2nt..r to fecover for a brVach
with you If It were possible. I congrstu- J.i" ? .Soinsf Incumbrances narole
late the aoclety and send to Its members Mn,nfnau
and distinguished guest, my sincere and lnZt '? '""neous oraf agreement
LTW L aa
Ueserlptton of tko Process, Wklek Is
8 aid to Take Bis Weeks.
Cincinnati supplies practically the entire
mMrtl. w..t with Ks.o .a ...,.
miaaie west witn nsse balls and aomethlng
iise no people earn a living in ine pass
ball factories of that city.
The process of making bsse balls on a
wholesale Dian is a rather interesting ona.
consuming tn a single season aomethlng
hi. aaa l-i m . ,
like t.OOO skins. The aerspplngs from the
snoe lactones, or which ths "raw" balls are
moulded, are atored in c.llar. of about on.
acre area, and from thia material the bslls
are shaped by hand. According to oualltr.
the ball i. bound by a few or several dosen
In automatic moulds, shanlns- Iho hsll and
- w.v. uv mii uihvw
at ths sim tiino nr..ln. .11 mii.tnr.
at tne same time pressing out all moisture,
to the tune of 300 gross a day. One em-
ploye will ehspe as msny aa 4,000 of the
raw balls la a slnsl. worktn. dsv.
The newly pressed balls are then sorted
and allowed to dry out for a period of from
three to four weeks, when their weight Is
reduced to perhaps five ounces. Something
like 200 of these twine-bound leather bslls
can be found In the blna at all times.
In the meantime the skin covers for the
balls have been seasoned and dressed on
the Sour bt'low and, as a lsst stags In the
process, rubbed bark and forth against aa
upright blade, to take out all kinks la the
skins and also whiten them. The covers
are cut from the sklna by hand and sewn
around the balls by women. Each woman
Is expected to finish fifteen doien balls
dally. From every skin from fifteen to
thirty pairs of covers are obtained.
All in alt, it takes about six weeks to
turn cut a base ball, and the prices of the
product will vary from 8 cents to $1.25. The
largest sales are ot the 5-cent balls.
About twenty-eight varieties of balls are
now turned out. Within the last five years
the base ball trade In Cincinnati Is said to
have exactly quadrupled Itself.
In addition to base balls the local fac
tories turn out a considerable number ot
foot bslls. The skins for these are cut ac
cording to pattern and aewn by machine.
The stuffing and lacing Is the work of girls.
Bach ball passes through seven pairs of
hands In the course of msnufacture, while
the boxing gloves, also a Cincinnati product,
psss through about forty. An average ot
150 pairs of gloves Is the dally output.
Some 85,000 bats are made In Cincinnati
every year. All but the cheapest graae,
which Is of poplar, are cut from ash tim
ber, of varying sorts.
Venerable Moatank llalf-Rreed Takes
Wife Naraber 4.
"Yes." said Townsend Miller, an old
Montauk half-breed, living at Jamaica, in
the borough of Queens, N. T., "I'm 104
year old, and I've tsken a fourth bride. I
feel pretty young, I kin tell you, with such
a handsome helpmate as Jsne White, who
did me the honor of becoming Mrs. Miller
No. 4."
MUler ia on his honeymoon, and he says
that he will not return to Jamaica for scv
eral days, reports the New York World.
Tne wedding took place Tuesday night, the
"remony oeing periormea oy w . ....
Jckson of Washington street. Jamaica,
Wl"" the bride was a child In Newtown
about fifty years ago Miller was a servant
Doaraea at the noma ot Mrs. wnite, on
Catherine street. He gets a DenBlon of
monev i... Tuesdsv mornlne he went to
Mrs. White and said-
..jane rve thought a deal of you
eTftr ince waa a ,ltt,e girl. I ve got ,
,on of 24 month an1 a 8ma amount
of property. I know I'm pretty old, but
won't you marry me? I'm tired of board
ing, even if I am a star boarder. I'll turn
all my pension money over to you if you
become my wife and let me be the real
head of your establishment here."
The widow blushed, and said the pro
posal was "so sudden," but, considering
that Miller loved her, she would consent to
become his fourth wife
Bo Rev. Mr. Jackson was summoned, and
he came to the little house In which the
couple lived, and in a few moments Mrs.
Jane White became Mrs. Townsend Mtller,
Miller does not look his age. He saye
he doee not remember the exact day of hla
birth, but he has records to Drove that he
flrit saw the light of day in old Newtown In
M - jg
urn.. h. x..n.n.n e
Pharaohi the Montauk chief who claimed
Montauk Point, which was recently pur.
chagx, b the lBlan(, rallroad. H,
, of those who have put In a claim
the estate. He has a full head of enow
white hair, and is as brisk as many much
7 6 ' T , '
Hls bride Is now 62.
m. c. Valley.Bank against
toolings. Appeal rrom Antelope county
Amrmea. - Barnes, J. uivieion no. a.
1. Where evidence Is conflicting the find
ling of a fact based thereon by a court
I m not he set aslile unless
clearly wrong. Evidence examined and
he'd sufficient to sustain the finding of fact
A Judgment in a former ault will be
la bar In a second action between the same
parties and their privies involving tne
scope of, the Issues litigated In the former
11602. Knight against nennam. Error
from Butler county. Revereed. Pound, C.,
TrtvlBlon No. i.
1. A denial of the very words of the alle
gation of the petition, without denying
their suosiance ana eneci, tenaers no issue.
, i. ,,. rtonvlnir that nlalntlff a
testatrix on a date named "was the owner
ing that she aiea "on or aDout - eaia aaie,
being consistent with ownership after said
nte a"? ?fre fhS f!e?A,f nil,also.,;i'
to a right of possession in someone else,
does not put tne piainuii upon prooi oi
tltl. . ... . ... ..
'. of inds does not bring an action
against one who wrongfully withholds poa
ZZX & nTOn?
Jr maintain such action, without adding
that defendant's possession must be con-
misleading and erroneous.
4. The . error In giving an incorrect or
ID'-i"' , VS. iVchl sTaTe" t he fas
correctly, where the several instructions
are Inconsistent or conflicting, or wn.
- '
. An occupant who claims by adverse
I possession must show that he occupied ad-
I VSfSOiy uunua - - - r -
j years
I Where such occupant entered originally
without i color or tltto or rlalm of right
occupation were consistent with a mere
intention to rmni imm unn "IV,
Btoa ana hold and occupy as owner un-
corroborated by acts necessarily Indlcat-
I j.iMHlKWAB'aSll ftl nianr m i vsn
'"U andlw tahi! "fawr."
Hnm Tonoina against Jaenette. Appeal
from Otoe. Reversed. Pound, C. Division
v ... , lllIltifv reformation of a
I r'it.n ir.niment In any substantial par-
I tlcular the evidence of mistake must be
h'rfeuTu'unot 'req'i "red I Jhat' mistake b.
shown beyond a reasonable doubt: and
uura kv tnntamitfirtt
.e.ntw1 frnm the) larmM Of the deed
. A . n w 1 AAln 1 A n .
TTtallOii U'irbmen fi-T ftl Hilt HafteS. F.TTO
from Colfax. Keverd. with InatrucUoni.
Barnea, C. Division wo. i.
a i k.narli a rw n auarkl a rlrin hB v.
!,, . Krand lodge and principal place of
business tn this state, ana wmrn is noin
sn insurance business therein, is a domes
I lc corporation or association under the
provisions of section 91. chapter xllll of the
rjomplled Htatutes, and services of sum-
I moos should ba mane upon it according to
I the -provisions of chapter 11 of the code
J.': "5 ce comt snlea
I l. Whan such aasocistion Is not nrlvl
l'el 'rom being sued In th ' "nty ""
I the action against It is commenced, and It
appe' rs In "ch action and Ales an answer
which contains an objection to ine juris-
waiver of the lurlsdlctlonal gues;ions, snd
the case should be proceeded In and tried
t" "'viw. error to refuse to allow
I . nprfiiiiani la ninKlut'O iiiuui 1 ' 1 I II. 1.(1
I stated In lta answer, as a defense, to th
I ptatniiiT s petition on ine rrounn or a ae
',., , ,h,v:mf .k. nanv defendant .
set forth In .mi,i uetlilon. where the court
I bas previously overruled defendant's ob-
? jurisdiction . .1- ly.oun .aa
i reqnro tt to answer.
I linitL n.r. a.ainst Iser. Error from
0,: Reversed Ames, C. Division No. .
tl iiifi lin RBI. I . ,. iiuoiisiiaiti.
or an action for conversion oy resson o
the wrongful sals of a ulslntlff's goods t
show that defanriant eierctsed control ove
the property with knowledge of ths plain
tiff's rishts. or that a demand was madi
for ths goods while they were In defend
ni l possession. Pesse v. omun, oi N. y
11(08. Gable against Swnha. Appeal from
Douglas. Affirmed. Duffie, C. Division
No. I.
1. Wliere a trusts refuses to carry out
the terms of a trust tbe party or parties
beneficially Interested may maintain an sc
ion In their own Tlgni to rnmnr ino inui
nd to obtain the henent inrreoi.
s . tniciininitr ntitiflrent on the face of
the petition Is waived If not objected to be-
ore tne trim. . .....
1. An ohlci tlon ' tnat tne couri ts wmi-
out lurlsdlctlon to hear a causo on the
i . -- i i . . V. - ' . . .iini,t..
eiiuiiy Hum in inr nun i .. ....
emsna for a jury, even mougn mo ncuun ;
ka nriA of LuW 1
4. Kvldence examined anu ncid to support
the Judgment.
lH.S. uolumnm ruaiionai- nann hhhiihi
Baldwin. Appeal from Lancaster. Judg
ment. M.tstliiKS, C. Division No. 1.
1. Where a oeci is aK.auen Dy imrn pnr-
tles ss fraudulent and proof by them Iniro-
luced to Impeach tne recnen cnn-naern-lon,
the grantee may show by parole .
lonre the actual consideration, though dif
ferent from the one recited In the dend.
1. A parole trust, u cicariy esianiisnea,
Is a sufficient consideration to support an
xecuted deed against tne grantor s credi
tors, ..... ...
3. "Parole evidence to csiaonsn a - - -trust
must be clenr, unequivocal and con
vincing." Doane v. Dunham, 8!) IS. . Rep.,
MO. .
4. I nder a prayer tor general rcuer in a
creditors bill a sale of property not at
tsched may be decreed where the facts
entitling a party to such sale are allegi-d
nd proved, annougn ine pcinion iisks
peclflcally only for a sale of attached
6. Kvldence held to support a referee's
finding that conveyances complained of
were fraudulent and void as to creditors.
12fi03. Lincoln against first .National
rtnnlc Error from Lancaster. Motion to
dismiss oven tiled. Ilolcomb. J.
1. In a law action, which can Pe reviewed
only by proceedings In error, where a mo
tion for a new trial on the ground of al
leged errors occurring during the trial Is
seasonably presented and not ruled upon
ntll after rendition ot tne judgment in
he rnusp. the time In which error pro
ceedings may be begun will not begin to
run until a ruling Is made by the trial
court on the motion for u new trial.
11S43. Thomas against t ounty oi iioage.
Revet sed. Error from Dodge. Ames, C.
Department No. 3.
1. When for the purpose of showing the
Interest of a witness it has been proven
that he Is one of the obligors upon a statu
tory bond, the terms and obligations of
which are matters of common knowledge,
It Is not error to refuse to admit the bond
Itself In evidence.
2. It In error to suhmlt to a Jury ny in
ductions, nuestlnns of fact not embraced
In the issues or concerning which there Is
no evidence.
S. A land owner through or adjacent to
whose lands Is constructed snd maintained
a public road has a right to such advan
tage from It by way of drainage, as Is In
cidental to Its existence, and does not In
convenience the public or individuals, or
Injure the public work.
11S47. KunuulHt against Anderson, terror
from Polk. Affirmed. Hastings, C. De
partment No. 1.
1. Objections to Instructions en masse
will not be considered where any of those
so complained of are corrected.
2. instruction tnat me giving oy piainiitr
s suretv of a redelivery bond for properly
levied upon does not of Itself estop her
from maintaining, after Its return and a
vain demand for It. an action for Its con
version by the execution creditor, ap
3. Where no estoppel on that ground is
pleaded, and no offer made to show knowl
edge by the wife at the time of the facJs,
not error to refuse evidence that debt for
which property was levied upon, was con
tracted through faith on the creditor's
part In husband's ownership of the prop
erty In question.
4. Mere subsequent statements by a pur
chaser at execution sale are not compe
tent proof of facts stated as against one
suing for conversion by such sale of the
property sold.
1. When the answer Is a general denial
and the plaintiff has produced evidence
tending to prove the allegations of his peti
tion It Is error to refuse to permit the de
fendant to Introduce contradictory evi
dence and to Instruct the Jury to return a
verdict for the plaintiff.
11576. city or Lincoln against morrison.
Error from Lancaster. Reversed, with in
ductions, found, t,. jjivision rvo. z.
l. Mlsaimronrlatlon of a trust tuna docs
not entitle cestui que trust merely as such
and for that reason alone to a preference
over general creditors of an Insolvent trus-
2. In order to obtain a preference, cestui
que trust must show that the estate, out
of which he claims such preference, has
heen Increased to some extent by the mis
appropriation of the trust property; and
he Is entitled to a preference to the extent
of such Increase only.
8. Where a trustee mingles trust moneys
with his own funds, cestui que trust. Is en
titled to a charge upon the whole, and so
long as any portion of the mass into which
the trust fund has entered remains In any
form. It Is subject to such charge and may
be followed and claimed.
4. The burden Is upon Cestui que trust to
show that the trust money did In fact In
crease the estate out of which he seeks a
preference or Is represented there In some
form. But it seems that where such
money has gone Into the general estate of
a trustee who afterward becomes Insolvent
there Is a presumption that it remains
therein at his Insolvency and the court
will not say that It cannot be traced or
has wholly disappeared - where the con
trary may fairly be Inferred.
5. It is presumed mat moneys arawn out
of a fund wherein the trustee has Jingled
his own money and that of cestui que
trust are his own, and so long as any por
tion of the fund so constituted remains it
mav be followed and the charge of cestui
que trust thereon may be asserted.
o. J.JUI 11 ine wnuitj ui much iiuiu ur tt
bmaiaf nnrtlnn thereof than that renre.-
wentlng the trustee's own money is used by
an Insolvent trustee in paying nis inois,
cestui que trust Is not entitled to a pref
erence over general creditors for the
amount of his money so lost.
7. Property or assets or tne insolvent
trustee acquired before, or with the pro
ceeds of property held before the trust
money came into his hands, and not In any
way mingled tnerewun, aro not sudjccc to
anv lien or claim in cestui due trust, and
the rights of the latter with respect thereto
are those of a general creditor only.
8. A change In tne form or a portion or a
fund In which money of the trustee per
sonally and of cestui que trust has been
mingled is not necessarily a withdrawal of
Bueh portion. When the trustee retains
such portion and dissipates the remainder
the portion retained In the altered form Is
taken to represent such fund and may be
claimed by cestui que trust.
6. Where a portion of a fund made tip of
trust money and of individual money of the
ys,ojssnfSSaapsasaSBSM3SMaosiOBCTaPBlia ft I asaocaotsaoKae
i :
Erect Form" Summer Models
Made of a wonderful white batiste, as light as a zephyr,
but touch as canvas and always cool. Trimmed with
lace and ribbon. These different models:
"Erect Porm" 983 For slight figures . . $1.00
"Erect rorm" 970 For medium figures . . 1.00
"Erect ronn" 972 For fully developed figures 1.50
"Erecl Form" 961 For medium figures . . 2.00
"Erect form" 903 For stout figures . .. 2.50
ures slid young girls. Lightly boned, docs sway with unsightly bunches and
It accentuates bust snd nipt, and haa ungainly ridgea at bunt and shoulder
the weighi of a feather. In white, pink, bUdrs. ritt nine women out of ten. In
snd blue hatims. Trimmed wiib ffi 1 while linen tmitie. Trimmed wliu
lace and nUxm. Model 127, V lace snd ribbon. Model 1 1 S, V
If your dealer cannot supply you, send bis
name and cost uf corbel dusUcd, direct lo
WE.INCARTEN BROS., 377-379 Broadway. New Tork
Largttt Manufactures
W. B. Corsets are sold
trustee Is Invested and a profit results ces
tui que trnst; In following the trust money
Into the Investment, msy claim such profit
as the proceeds of the original fund upon
which he had a chsrse. at least to the ex
tent of said charge upon the original fund.
H Capital National Bsnk v. Culdwater
National Hank, 49 Neb . 7i, and State y.
Midland Plate Hank, 52 Neb., 1. limited;
btiite V. Hank of Commerce. M Neb., i.
.m,i Morrison v. Lincoln Savings Hank and
Snfe Deposit Co., 57 Neb., 2, adhered to.
11116.1. lnglehart against Lull. Frror from
Douglas. Aftlnned. Day. S. Division No. 1.
1. A national bank, which held a note of
ItitO for collection belonging lo another
bank of which It was a large stockholder,
took a renewal thereof snd Included In
such renewal note an amount of Its own
unsecured debt Hgnlnst the maker suffi
cient to make the amount of the renewal
note M5.4S, and at the same time obtained
a mortgage upon the homestead of the
debtor, signed by himself end wife, to se
cure the pavment of the said renewal note.
Hold, that the national bsnk and Its stock
holders had a direct pecuniary and benefi
cial Interest in the transaction.
2 The assistant cashier of such bank,
who was hIso a director and stockholder
thereof, was the notary public hefore whom
the mortgage wns acknowledged. Held,
that he could not lawfully take such
acknowledgment; that he was disqualified
to act as such officer, on account of his
direct pecuniary Interest In the matter, and
that the acknowledgement and the mort
gage were both void.
m;.'3. Perkins Against Milton. Error from
Saline, . Reversed. Albert, C. Division No.
A recognisance In a bastardy proceeding,
conditioned that the accused shall appear
at the next term of the district court to
answer such accusation, and abide the
order of the court, Is limited to the term at
which It exacts the sppearance and where
the case Is continued to a subsequent term,
without a renewal of such recognisance
and tho defendant falls to appear at such
subsequent term, there Is no liability on
the recognizance.
I:t27. Her against Ross. Error from
Douglas. Affirmed. Ilolcomb, J.
1 t'nder the provisions of the charter
act governing cities of the metropolitan
class the authorities thereof for the pur
pose of protecting and preserving the pub
lic health, comfort and welfare, are em
powered to enact by ordinance all neces
sary and reasonable regulations for the
collection and removal ot all garbage,
lllth imd other noxious and unwholesome
substances, ashes, stable manure, rubbish
and other waste and refuse matter accu
mulating in centers of popuatlon, and
which, without such regulations, would
hecome nuisances, menacing to the com
fort and health of the Inhabitants of such
cities, and to license persons engaged In
such occupation or business.
2. Such cities may also as Incident to the
power of regulation, grant an exclusive
prlvelege by contract to one person to col
lect and remove under Its own immediate
direction and control and In pursuance of
regulations enacted for that purpose those
noxious and unwholesome substances which
are nuisances per se and a menace to the
public health..
3. The legislature cannot under the gulsa
of police regulation, arbitrarily invade pri
vate properly or personal rights. The test
when such regulations are called In -question
Is whether they have some relation to
the public health or public welfare, add
whether such Is, In fact, the end sought to
be attained. Smiley v. McDonald, VI Neb., 5.
4. It Is not competent for the city as a
police regulation to grant a monopoly to
one Individual by contract to enter upon
the private premises of the Inhabitants of
the city and at their expense collect and
remove those Innoxious substances, such
as ashes, cinderu, stable manure or other
substances not In themselves nuisances,
but which If allowed to accumulate In un
reasonable quantities would become such,
or which may be utilizied for some bene
ficlal purpose. Such an attempted exercise
of power is In excess of the authority
granted by the charter, an Invasion of tha
personal and property rights of the citl
sens, In restraint of trade and unneces
sarily creates a monopoly.
5. The section of the ordinance of the
city of Omaha under consideration held
void and unenforceable because an at
tempted exercise of power In excess of the
authority conferred by the charter gov
erning such city.
V2iAZ. State ex rel Wright against Sav
age. Original.. Writ denied. Sullivan, O.J.
1. The right of the courts to determine
all Judicial questions, whenever or how
ever they may. arise, Is given by the con
stitution In explicit terms and Is Indis
putable. 2. But equally clear and Incontestable Is
the right of the executive officers named
In the constitution to exercise all powers
properly belonging to the executive de
partment. 3. Considering the matter theoretically
and leaving practical results and past ad
judications entirely out of view it would
seem that the farthest limit of Judicial
authority in mandamus proceedings against
officers of the executive department Is to
hear, and determine, to give Judgment, but
not to enforce It by coercive process.
4. The principle of exemption from man
damus is grounded upon a distinct consti
tutional Inhibition tOon., art. 2, sec. 1)
and does not at ail depend upon official
rank. Whether the writ of mandamus
should be granted or refused has been
made to depend In every case decided by
this court upon the character of the act ;n
question and not upon the office of the
5. The theory that the Judiciary In Issu
ing a mandamus to a member of the ex
ecutive branch of the government Is
thereby Indirectly and In violation of the
constitution exercising power properly be
longing to the executive department has
been repudiated by this court in a long
line of decisions.
6. The established doctrine In this state
is that when a law In positive terms en
Joins upon the governor or other officer of
the executive department a mere minis
terial duty, leaving him no choice or dis
cretion In regard to the matter no Judg
ment to exercise as-to whether he will or
will not act that writ of mandamus may
Issue, and Its Issuance Is an appropriate
exercise of Judicial power.
7. The doctrine of res judicata is that a
question once determined by a Judgment
on the merits Is forever settled, so far as
tho litigant and those In privity with them
aro concerned. The question decided is.
while the decision, stands, a sealed and
closed question.
8. A public officer Is regarded as being In
privity with his predecessor when both de
rive their authority from the same source.
9. A Judgment against a public officer in
regard to a public right binds, his succes
sor in office.
10. All litigants are affected by the rule
of the thing adjudged. It la equally bind
ing upon the sovereign and the citizen.
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