Omaha daily bee. (Omaha [Neb.]) 187?-1922, May 31, 1902, Page 8, Image 8
8 THE OMATIA DAILY BEEi SATURDAY, MAY a 1, 1002. CURRENT COUNCIL INCREASE . IN PERSONALTY Count Auditor Complete Tabulation of Eeturni of Asseuor. COMES ABOUT THROUGH NEW BUILDINGS 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 value. 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 147.283. . 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. MINOR MBNTIOX. 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- IKE ALLEH'S FOOT-EASE. . 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 PRKSSE3. . CITS ,C-2ASED- 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. LEWIS" CUTLER v FUNERAL PIRECTOR Nv4 (Saoosaaor to W. C. Estsp) T M TltJkMU aTstKBT. 'Phaas 91. NEWS OF IOWA BLUFFS. 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 t MOO ARCHBISHOP JS ? DOUBTFUL 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 ROBBERS BEAT A PRINTER Frank W. Brigg Dying as Result of Injuries Inflicted by Footpads. DEMOCRATS ARE IN NO HURRY TO MEET 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 tions. 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. IRISH ENTERTAIN 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. Pt.in. 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 OT.ar. man read the fallowing telerr.ni 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 THEODORE ROOSEVEX.T. MAKING BASE BALLS. Ueserlptton of tko Process, Wklek Is 8 aid to Take Bis Weeks. Cincinnati supplies practically the entire mMrtl. w..t with Ks.o K.il. .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. BRIDEGROOM AT 104. 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 p.eat 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. SUPREME COURT SYLLABI 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 action. 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- ..lS"1 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, fteruW 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 "h.er" 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- h.- 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 77. 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 property. 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 proved. 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 )jgyji.tii ys,ojssnfSSaapsasaSBSM3SMaosiOBCTaPBlia ft I asaocaotsaoKae ftBi?eSi-'iiejeioy-ii Yff'M',l"lW'Jistjysi 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 GIRDLE CORSET SHIRTWAIST CORSET 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. s. 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 respondent. 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. inttiitiiiaiiiiiiiir'iiiipiiiwii)Uif!iis'iy mnthlr nmmtnurm friar f-.: of Cor ft in tho World by all stores in Omnba, A Healthy and Sound Body Hill Enable 1)3 to Battle Against the Wrongs and Injuries . of Our Enemies. 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