THE OMAHA DAILY II EE: FIUDAY, AUGUST 22, 1T)02.
UPHOLDS PURCHASE RIGHT
Attorney General Writes Opinion on Ectool
Land Contract.
CANNOT ABROGATE, CONTRACT RIGHTS
Indications Are That "tnte Inltrraltr
Will Have a Laraly Inrrmtrd
Attendance Thla I onl
ine; Year.
(From a Staff Correspondent.)
LINCOLN. Aug. 21. (Special.) Recent
comment In these dispatches regarding the
applications for . the transformation of
lease contracts on school land into aalo
contracts, has had the effect of greatly
Increasing the correspondent of the lan 1
commissioner's ofTlce, for lease holders all
orer the state are anxious to obtain full
possession and ownership of their land.
The position of Land Commissioner Foil
mer In this matter Is directly eppos te to
that of his predecessor In office, but he is
reinforced by an emphatic ruling from the
Department of Justice.
Under the law which remained on th
statute booka of the state from 1879 till
1897 a lease holder was entitled to purchase
the land be occupied, provided he fulfilled
all the obligations f the contract and would
pa the state the full appraised value cf
the land. . The legislature of 1S97 repealed
this law. Former Land Commissioner
Wolfe beld that the. repeal of the law in
validated the contractu, and therefore he
rejected all applications tor the purchase
ot land. Mr. Follmer regrets that he la
forced to take a different stand, for he
f would prefer to have the state keep all ot
the school land, but he recognizes the fact
that the .contracts entered Into by the
state under the old law cannot bo repu
diated. Holders of leases given prior to
1879 have also asked to buy their rented
land, but all of their applications have by
both commissioners been rejected, for thj
law under which their lease contracts were
given made no provision by which they
could buy the land, as was expressly pro
vided In the subsequent -act. -
Any person desiring to purchase land un
der lease contract given between 187D
and 1897 must pay all expenses of appraise
ment, review or reappralsement, and they
must be willing to pay the full market
value of the land. This will be determined
by the value of land in the Immediate
vicinity. If land in the neighborhood Is
worth $25 per are ' on the market, the
lease holder must pay that amount, or else
be satisfied vwlth his lease contract.
It la estimated that there are . upward
'of 1,000,000 acres of land now occupied un
der leaaes given between the years 1879
and 1897. The opinion by the attorney gen
eral follows: ' ,
- Opinion of Attorney General.
From your communication and the docu
ments accompanying the same It appears
that the state on November 3, 1S97, leased
to B. J. Hill eighty acre of school land in
Btanton county.. The terms of the lease
was twenty-five years. By assignments
Irvln R. Layton holds the lease. Is In
possession of the land and claims the right
to surrender his contract and to purchase
the land from the state. This right Is as
reiteu tumcr ths previsions cf section ! cf
the act of 1ST, under which the lease was
executed. The statute cited grants to one
who compiles with all the terms of his
lease the option to surrender it within
twenty-five years and to purchase the land.
Before this right was exercised the legis
lature repealed the statute under which It
was acquired and prohibited further sales
of school lands, except for church, school
or cemetery purposes.
Under the facts stated In connection with
the present condition ot the statutes your
request Is as follows: "We would ask that
you favor' us with a speedy opinion as to
whether this office, has the fight to Issue
1o him a sale tontract.""
' In lease trie lessee i' option to buy the
land demised is an obligation which is
binding on the lessor. Though the lease
. under consideration In Knerr against Brad
ley did not contain or In direct terms refer
to lessee's option to buy the land. It does
recite that the contract Is made In pur
ma nee. of the statute, and the statutory
yrovlslons relating to the option became a
part ot the lease.
When the lessee received his lease he
had a statutory and contractlonal right to
hold the premises twenty-five years by
complying with Its agreements. He also
had a right, any time within that period,'
to surrender his lease and buy the land.
By these rights he was encouraged to make
Improvements with the assurance that he
might enjoy them for twenty-rtve years and
at the end of that lime purchase the land
upon which they were situated. The state
Is not only bound to respect such rights,
but Is prohibited by section 10, article 1. of
the constitution of the Unlid States from
passing a law which Impairs the obligation
of contracts. Section 16, article 1, of the
atate constitution also prevents the enact
ment ef such a law. Theae constitutional
provisions protect the- rights of the lessee
and his assignee from invasion by the legis
lature. Applies to tb State.
It Is a rule of law well established In this
country that constitutional provls'ons
against Impairment of contracts apply to
obligations of a state as well as to those
of an Individual. Courts do not consider
the extent to which a contract Is impaired
by legislation. If it is impaired to any
extent the statute Is condemned. Rights
existing under a contract cannot be taken
away . by a repeal of the statute under
which the contract was issued. Rights
under a contract executed pursuant to a
statute should be determined by the exist
ing law and not by vubnequent legislation.
The supreme court of this state In State
against MePeak, 31 Neb., said: "While the
legislature may change or modify the
remedy. It cannot, by a direct act, deprive
the party ot a substantial contract right."
. In the Case last cKed It was held that the
statutory right of a lessee to name an ap
praiser to act with others In fixing the
value of the school land occupied by him
under a lease from the state could not be
taken away by a later act of the legisla
ture. , . ,
The principles cf WW and the precedents
to which I have adverted make it clear that
the lessee or his assignee still has all the
. rights he acquired under his lease and
under section 2 of the act of 1879, unless
they have been forfeited- or waived. Subse
quent statutes prohibiting further sales of
school land do not, therefore, apply to
school land held under a valid lease now
In force and which was issued under the
act of 1879.
When irvln R. Layton establishes ths
fact that he hai succeeded to all the In
terests and rights of S. L. Hill under the
-letter's lease of October 14. 1879, shows thnt
all the. obligations Imposed upon lessee by
the contract and the statute have been
.-performed, exercises in the proper manner
ill Is option to buy the land snd surrenders
Tils lease, he will be entitled to a contract
-of sale and It will then be the duty of the
'state to enter Into contract according to
the terms of Its original obligation to do so.
Look fur Larie Attendance.
i Students will soon begin to gather In
Lincoln tor the thirty-second annual srs
'alon of the University of Nebraska. The
authorities cf the institution predict an In
creasing attendance and are preparing for
"It feels so uncomfort
able. Food distresses me.
I get blue and despondent.
I fear it Is my heart.- But
my doctor says it's my
stomach." And what did
your doctor tell you to take?
Ayer's Sarsapartlla? Quite
likely, for he knows.
Tbcn tha liver is wrong, every thing
Is wronc. The digestion is weak. Tho
disposition !s weak. The nerves ara
weak. Nothing acts well. Just one of
Ayer's Pills each night will roaks these
wrong things right. -easts,
i. C AYES CO, Lewell, Hsu.
MuStomach
more than the usual number on the opening
days of registration.
On Peptember 8 the unverslty of school
cf music will open Its srnilon and two days
later the lectures will begin In the affll
'atrd school of medicine at' Oman i. From
September 16 to 19 inclusive there will be
examinations and registration. On Septem
ber 20 Chancellor Andrews will deliver his
annual opening address to the students
snd cn Beptrmrcr 22 the regular elnea work
of the first semester will begin.
Prohibitionists ray Sotalna.
All nominees of the prohibition party
bave filed affidavits with tho secretary of
state certifying to the firt that they ex
pended no money In securing their nomina
tions. In spite of the fact that the state fair
board offered ths Central Labor union a
good bonus and exceptional privileges It It
wculd divert Its picnic from Lincoln park
to the fair grounds tho proposition was
turned down last night beause It was found
that the board had employed a couple of
nonunion carpenters on the buildings on
the grounds.
Wants Ont of Penitentiary.
Jchn McCcrmlck, serving a twenty-year
sentence In th penitentiary for the murder
of Maggie Llns'ry at Nebraska City last
January, has appealed to the supreme court
for a review of the trial court's proceed
ings. He complains .that thre was griev
ous error and that he Is entitled to another
chance.
The deed woman was the keeper of a
brothel.- The night of the shooting McCor-
mlck went to her house loaded to tba gun
wales with befuddling booze. A man he was
tcld was Tom Keleer waa In tho place at
the tame time. As McCormlck started to
leave, according to his version, he fell from
the stoop and the revolver he was carry
ing In his pocket waa discharged, killing
the woman. The theory cf the prosecution
was that It was a case of wilful murder.
One of the chief objections Is that the trial
Judge failed to Inform the prisoner what
the verdict of the jury, had been before
passing final sentence.
TIMELY RAIN IN NEBRASKA
Greatly Benefits Growing Corn,
Thoagk Dolns; Damage to
Some Property.
PLATTSMOUTH, Neb., Aug. 21. (Spe
cial) A severe electrical storm with heavy
waterfall visited this vicinity Wednesday
between 12 and 2 o'clock, flooding the cel
lars of the stores of R. Sherwood, John
Schlappacasse, Oeorge B. Lenhoff, William
Herold A Son, as badly as It did during ths
last deluge. The wall between ths Lenhoff
and Schlappecasse stores fell down, as It
did last time, and a portion of the floors
went down. The walk In front of the Wat.
erman block went down and the cellars were
again flooded. There was not as much
merchandise In the basement as during the
last flood.
A number of sidewalks were washed out
and some lawns on ths avenue oovered with
mud and water. More damage Is reported
to bave been done In the Burlington shops
than at the last flood. Schlappacasse is
removing his stock and fixtures to another
building and the water Is being pumped
Otu tuo Cc!,rS tu! Mivoi liuOu.
ST. PAUL, Neb., Aug. 21. (Special.)
This locality was visited Wednesday by a
heavy downpour somewhat of tha nature of
a cloudburst. Fully 2.96 Inches fell In about
forty-five minutes, accompanied by a quan
tity of hall. The basement of Wilson's drug
store, the Nebraska Mercantile company
and the Republican printing office were
badly flooded, causing damage to tha amount
of several hundreds of dollars.
DAVID CITY, Neb.. Aug. 2L (Special.)
A good rain fell In Butlor county yesterday
afternoon, which was gratifying to the farm
ers, who were complaining that the grouqd
was getting too dry for fall plowing. This,
with the heavy dews that wa are getting
every night, will Insure the largest crop
or corn ever raised in the county.
CENTRAL CITY, Neb.. Aug. 21. (Spe
cial.) An inch of rain fell over this county
Wednesday morning, greatly benefiting the
corn crop, which promises to be a record
breaker.
BEATRICE, Neb.. Aug. II. (Special.)
Barneaton and vicinity in the south end
of this county, was visited by a two-Inch
rainfall yesterday.
HOLDS RAILROAD BLAMELESS
Coroner's Jury Declares Company Not
Responsible for Death of 8. A.
Davis at Cedar Creek.
PLATTSMOUTH, Neb.. Aug. 21. (Spe
cial.) The Inquiry of the corbner'a Jury
Into the cause ot the death of the lata
Stephen A. Davis waa held In tha court
house today. The first wltpess waa Morgan
Adams of Lincoln, who waa the conductor
yesterday on train No. 19. This Is a way
freight which runs from Plattsmouth to
Lincoln every morning and doea tha switch
lug at Cedar Creek and other points en
route. Ha stated that Mr. Davis went up each
morning and directed what cars ha wanted
set In at the atone quarries and what taken
out. Mr. Davis waa standing on the end of
a flat car when several other coal cars were
kicked In against it. when Mr. Davis fell
off and waa run over by two cars. Other
witnesses corroborated his statement.
The verdict ot the jury was that ths de
ceased cama to bis death by being run over
by a B. ft M. coal car on the main quarry
track at Cedar Creek, and that "tba said
B. A M. Railroad company Is in no wise to
blame for the death of .the said Stephen A.
Davis."
WAYNE PIONEERS . REUNITE
Large Plcnle Assemblage Addressed
by Hon. J. H. Mickey, Wki Is
Warmly Received. N
WAYNE. Neb.. Aug. 21. fSpeclal Tele
gramsThe second annual ; picnic of the
Pioneers and Old Settlers' association of
Wayne county was held at Bressler's grovs.
just northwest ot Wayne, today. It waa a
success In every particular, having a large
attendance. Among the visiting , guests
were: Hon. John B. Mickey, republican
nominee for governor, and Hon. J. J, Mc
Carthy, republican nominee for congress In
the Third district.
Mr. Mickey delivered aa address that was
listened to with close attention by a-large
audience, and during his visit hers he mads
many friends by his pleaaant and genial
manners. Especially was this shown with
the old soldiers, who delighted In ineetlug
to worthy an old comrade. Wayne county
will glva him a handsome majority this
fall. , .
Mr. McCarthy alao made many friends.
Dr. R. B. Crawford read an interesting his
tory ot Wayne county and several of the
pioneer citizens and Hon. H. Mosea deliv
ered a pleasing address.
Talbot's Hold Reanlon.
GENEVA, Neb., Aug. 11. (Special.)
The children of Canon R. C. Talbot ara en
joying a reunion and vacation with their
parents. Rev Richard and family and
Rev. Burt, with his wlfs and little son.
also air. and airs. r. K. Getty, are all at
horns.
r rrmont araooi Boars Proceedings,
FREMONT. Neb.. Aug. 21. (Special At
the regular meeting ot the school board last
evening a resolution was unanimously
adopted providing for a fifteen -minute re
cess during the morning hour In all the
grades. The recess question has been under
ccnslderstlon for some time and occasioned
considerable discussion. The school hours
were fixed at from 9 to 11.45 a. m., and
1:15 to 3:20 p. m. There wilt be no recess
In the high school. Nearly all the old corps
of teachers has been engaged for neit year.
VETERAN FLAG DEFENDERS
Interstate Itennlnn at franklin Pro
greases Well While Beatrice
C'nmpllre Darns Ont.
FRANKLIN. Neb., Aug. 21. (Special
Telegram.) The crowd at the Interstate
Grand Army of the Republic reunion was
about tha samo size as yesterday, possibly
some larger. The program was carried
out with but one exception. Governor
Savage for aome rcascn was not on tha
grounds. The Hildreth band waa present
today and rendered some excellent selec
tions. It Is to be here tomorrow. The
base ball game between Hildreth and
Franklin resulted In a victory for the
home team by a score of 3 to 4. This ur
prlsed everybody, as Hildreth has a very
strong team and It was expected that they
would win. Prof. Butler made another
successful balloon ascension today Snd Is
on the program again tomorrow.
BEATRICE. Neb., Aug. 21. (Special.)
The southeast Nebraska district reunion
closed last evening. In the afternoon Rev.
D. L. Thomas addressed the veterans and
he was greeted with tho utmost enthusi
asm. Governor Savage was down on the
program for an address, but he again dis
appointed the old soldiers by fnlllng to ap
pear. The reunion officers hsld a meeting and
adopted resolutions thanking Captain Laa
slter. Lieutenant Canfleld and the Seventh
United States battery for the pleasure of
their presence here.
The encampment has been a most pleas
ant one and the veterans have certainly
enjoyed themselves.
CARPENTERS-JOINERS UNION
Beatrice Mechanics Form Temporary
Labor Organisation and
Elects Officers.
BEATRICE, Neb.. Aug. 21. fSneeUl t
The carpenters and Joiners of the city met
mis nignt to organise a local union. A
temporary organization was effected by the
election of the following officers: President,
A. J. Skinner; vice president, Thomaa D.
Conn; financial secretary, Thomaa Irvine;
recording secretary, B. F. Gurney; treas
urer, O. C. Slyhoff; conductor. W. v. Sn.n.
cer; warden, E. E. Ellis. Another meeting
win De neia Monday, night, at which time
a permanent organization will be effected.
Lodgemen Plcnle at Osceola.
OSCEOLA. Neb.. Aug. 21. (Special.)
Despite a severe rainstorm which
here for two hours yesterday the program
of the Polk county fraternal picnic was
successfully carried out. The general at
tendance was large and especially potlceablo
were the representatives of the Modern
Woodmen and Tribe of Ben Hur. There
were delegations from Omaha. T.lninin
Rising- Cltv. Shelby, Ktrnmsrmrr and Hamil
ton county. Music waa furnished by six
bands and the street parade, which was
hindered for a time by the heavy downpour
was finally nulled off. Hon. a. r T.iht
and H. M. C. Burgess of Lincoln addressed
tne assemblage and received the entire at
tentlon of their audience.
Bolt Strikes Horse and Rider.
ARAPAHOE. Neb., Aug. 21. (Special
Telegram.) A son of W. E. Smith of Hol
brook was struck by lightning while Tiding
a horse this morning and lay -unconscious
for four hours before belna- found hut .hi
recover. The horse was killed. This sec
tion is badly in need of rain and unlesa a
good rain comes before long the glorious
prospects for a corn crop will be a case
oft less than a fourth of a crop. Instead
ot a fifty-bushel yield per acre. It will be
less than ten. There are some pieces ot
early corn that will be good without any
rain, but they are few.
Veterans Will Gather at Cambridge.
CAMBRIDGE. Neb.. Aug. 21. f Soerlal
From every Indication the Grand Army of
the Republic reunion of tha annthwot.
district, which la to be held at thla place
III be a success. This Catherine ninn
next week, August 25 to 10 Inclusive. The
grounds are In good shape and hundreds of
tents are being placed. A steamboat will
make regular trips on Crystal lake. Minden
and McCook's crack ball teams wjjl play
t this place on Thursday and Fridav of
the reunion.
Reornltlng Station at Beatrice.
BEATRICE. Neb., Aug. 21. (Special Tel
egram.) Corporal Ernest A. Richards of
tho United States coast artillery arrived
In the city today for tha purpoae of open
ing a recruiting station.
RAIN SCHEDULED FOR TODAY
Weather Man's Order is for Borne
More of the Same, Ho
States.
WASHINGTON, Aug. 21. Forecast:
For Nebraska, Iowa, Missouri and Kan.
sas Local rains Friday: fair and vim
Saturday.
For Illinois Fair Fridav and KatnM.v
warmer Saturday; freah northeast, shifting
to southeast winds.
For North and South Dakota Pair wvi.
day and Saturday;- warmer Friday.
ror Colorado Local rains Fridav: R-tnr.
day fair and warmer.
For Wyominc and Montana Fair. fvm.
and Saturday.
Local Record-.
OFFICE OF THE WEATHirn mipr. iiT
OMAHA. Aug. 21. Official record ot tem
perature ana precipitation compared with'
the corresponding day of the last three
years:
w . 1902. 1901. 1900. 1899.
Maximum temperature .. 82 93 86 90
Minimum temperature ... 67 71 71 61
Mean temperature 74 82 78 77
Precipitation 00 .00 .06 . 00
Record of temperature and precipitation
at Omaha, Neb., for this day and since
March 1. 19U2:
Normal temperature 73
Excess for tho day 1
Total excess since March 1 166
isormai precipitation 10 Inch
Deficiency for the day lu Inch
Total rainfall since March 1....19.48 inches
Deficiency since March 1 2.09 Inches
Deficiency for cor. period, 1901... 7.77 Inches
Deficiency for cor. period, 19uu.... 3.39 Inches
Reitorla Ircai Stations at T P. St.
at!
CONDITION OF THE
WEATHER.
i .
: :
: n : a
t
Omaha, cloudy
Valentine, cloudy
North Platte, cloudy
Cheyenne, cloudy
Salt 1-ake City, clear
Rapid City, partly cloudy ....
Huron, cloudy
V llllxton, clear
Chicago, clear
St. Ioula, cloudy
fit. F'aui. cioutiy
Davenport, clear ,
Kansas City, clear
Havre, clear
Helena, partly cloudy
rliamarck, clear ,
Galveston, clear
76j 82 .00
H ?4 -00
76 SO .00
TO! 78 T
841 88 . 00
62! 72 .(
641 72 .04
74 78 .0
64 68 .to
781 8ti' .00
bai Tij ,00
741 H
80 &! T
84 K4 .00
8.) SOI .00
70 ... . .tf
86 88 .OU
T indicates trace ot precipitation.
K A. WKI.SH,
Local Fwtveu Othcla1.
FARNSW0RTI1 OR SANDERSON
Interstate Trophy fbr Sin fist Championship
List Between the Pair.
SEMI-FINALS TROVE DISAPPOINTING
Kansas City and Chicago Cracks Fall
to Afford the Opposition Expected
by the Large nailery at
Field CI ah.
F. R. Ssnderson of Osl'iburg. 111., and
Earl Farnaworth of Grand Island, Neb., will
meet In the final round of the championship
singles of the Interstate tournament at tho
Field club at 4 o'clock thla afternoon, Each
won his match In tho semi-finals yesterday,
and each had an easy thing.
These two are the most popular players of
the forty entered In the tournament, and
as a consequence, no one will begrudge see-
Irg either win. Farnsworth was already
well known here, but Sanderson has grown
h gh In favor In the short week of his first
visit to Omaha. From a personal stand
point the modesty of each regarding his
prowess has won them this place; as re
gards the game Itself, their high class ot
play has done the same. They are the two
most quiet men on the grounds and the two
best players.
They will make a great match. They
play the same style of game, a defensive one.
Each prefers to win points negatively, let
ting his opponent make the desired error
by going out or Into the net. Farnsworth
is 20 year of age, Sanderson la 30; both
are college men, both members of the same
fraternity, and they are the best of friends.
Sanderson has the advantage which age and
experience bring, Snd he may outgeneral
Farnsworth in the long match, games being
three out of five. Yet Farnsworth showed
that his head was to be relied on when he
outgeneraled Parker Wednesday, the man
who has had more tennis experience than
anyone In the west.
Farnsvrorth's Easy Victory.
The semi-finals were both so easy that
they merit but little discussion. It waa
expected that Wilder would give Farns
worth a game, and especially that Sander
son would have a job with Sheldon. Neither
came true. Farnsworth won 8-0, 6-1; San
derson won 6-1, 6-2.
Wilder seemed to have been weakened by
his victory over Peters In the morning
and could do uothlng with Farnsworth,
who played bis lobbing game with com
plete success. Wilder tried to play the net,
but could not against the' lobs, which he
was unable to kill aafely. Wilder won but
five points the first set, never sending a
game to deuce. In the second he took one
game. The match resulted:
First set:
Farnsworth
Wilder
Second set:
4 4 4 4 4 4-24 6
1110 0 2 S 0
Farnsworth 4 4 2 6 4 4 630 6
Wilder 2 2 4 4 1 2 4 11 1
An analysis of the play shows the game
up in all details. It reads:
Earl Farnsworth:
Double
Place. Net. Out. Fault.Total.
First set ...... s 14 t 4
Second set 12 16 - 3 0 SO
Totals ...17 29 " 6 2 64
Carter Wilder: '
Double
Place. Net Out. Fault.Total.
First set 0 4 10 5
Second set 7 7 6 0 19
Totals 7 Ur; I 0 24
Two of the points which Farnsworth won
on places were on service,- one In each set.
This schedule of analysis shows the
errors of each man. It Indicates how the
points were lost. ' For instance, under tha
name Farnsworth, It will be seen that he
won In the first set Ave polnta by placing
them where Wilder could not touch them.
Fourteen more he took on balls 'which
Wilder sent Into the net. 'Three more, be
cause Wilder drove the ball out of oourt.
Two more he won on double faults by
Wilder. This gives a total of twenty-four
points Farnsworth won, which will be seen
to correspond with the total number given
'for him In the first set In the summary
preceding the analysis.
Harder Work for Sanderson.
In playing Dr. Sbelden, Sanderson seemed
always to know just where the balls were
coming back. His victory waa hardly ao
sweeping as Farnsworth's, for Sbelden ran
him five deuce games, and won a total ot
three. Yet It was a walkaway the whole
distance. Sanderson was playing great
tennis, and the gallery hinged on the
match, chiefly to alse up Sanderson. Every
one thinks he will give Farnsworth a big
fight today.- He won from Shelden 6-1, 6-2,
by surpassing him In all departments, play
ing an especially good net game, and
lobbing In great atyle. The match re
sulted: First set:
Sanderson 4 2 ( 4 4 4 4276
Shelden 0 4 t 1 2 1 1121
Second set:
Sanderson 4 4 6 S 4 6 6 4-35-6
Shelden I I I I I I I 1243
An analysis of the play In this match
reada:
F. R. Sanderson:
Double
Place. Net. Out. Fault.Total.
First set S 10 8 1 27
Second set 4 17 19 1 35
Totals 13
27
27
it
F. E. Shelden:
Double
Place. Net. Out. Fault.Total.
First set 4 3 4 1 13
Second set 6 7 11 0 24
Totals .10 10 16 i 36
Surprises In Morning; Play.
Two of the three morning matches In
the third round of the championship
singles were a surprise to most peo
ple, the Wilder-Peters affair, because
Wilder won, and the Sanderson-Raymond
go, because Raymond came ao
near winning from the Galesburg man.
Very tew people had Carter Wilder sched
uled to beat Peters, the Chicago crack, but
just the name the Kansas City man took tha
first and third acta, each by 6-3. It was
a keen match and bard played. Petera
started In to play a hurricane game the
first set. He constantly ran hla serves, and
It lost for him, as Wilder passed him time
and again on the return, while Peters was
making for tho net. Wilder bad good
speed on drlvea and waa In all around good
form. He took the aet on Its merits, 6-3.
In the second -at Wilder attempted to
play safe and take It on a cinch, to end the
match. Aa a result he lost 2-6. His try for
safe work mesnt a lessening of the speed
which had won for him in the first aet. and
as a consequence he was quickly eft his
game all around. Peters had an easy thing
with the set.
Wilder changed back to hla first game
for the third aet. ateaming up considerably.
Moanwhlle Peters took up a constant lob
bing game, and It was great, too. Time
after time he dropped them In the left hand
back corner ot the court. These lobs, when
he could handle them. Wilder placed right
back to the corner on the other side, and
he won on It. The acore waa 6-3. Both
Chlcagoans are now out ot the singles.
Forced Sanderson to Flay.
Raymond of Lincoln mads a stronger
hum lug against Sanderson of Galesburg
than was expected. Aa a matter of fact, he
had Sanderson outplayed for a aet. and
would have taken another and tba match
bad he not weakened. Then In the third aet
Sanderson himself Improved, and Raymond
fell off more, losing 1-4.
Commeacement of Us play found Sander
son In fsr from hi usual form, with Rsy
tnond besdy, strong and safe. Had ha kept
that up he would have placed himself In
the semi-finals. Sanderson seemed unable
to place the ball at all. and his brilliant
lobbing against Ashcraft was entirely ab
sent from his play In that set, he lobbing
out constantly. Raymond took the set 7-5.
In the seconl aet Raymond'a old trait ot
poor control began showing up In apots.
This more than anything else caused him
to lose It 4-6. The last set brought San
derson out greatly Improved, while Ray
mo'id settled down Into a steady atreak ot
abashing them Into the net or outside.
Ssnderson won 6-1.
This was the prettiest match of the morn
ing to watch. The men were closely
matched, and It waa just a case ot the first
chance. Whoever got the first opportunity
to kill the ball won the point, or lost It by
an out or a net. It looked for a time as
If "Ike" would win. In which event he and
Farnsworth, old-time rivals In singles and
partners In doubles, would probably have
met In the finsls.
Pr. Shelden was expected to beat' Sam
Caldwell and he did In two straight sets,
6-3, 8-1. The Omaha man put up a game
fight, but waa a little outclassed. He Is
the last local player to die and deserves
considerable credit for his victories over
Holland and Croskey.
Bnsy Time at Doable.
Meanwhile play In the championship dou
Mes was carried on at a great pace all day.
The first round was cleaned up, as was sll
the second round but one match, and that
leaves but four contests In the doubles,
this one match in the second round, then
the two In the third round for the semi
finals and lastly the finals.
Hamilton and Prltchett won from Brown
and Rogera by default, and then lost to
Holland and 8anderson In the second round,
6-1, 6-1. Magee and Shelden beat Young
and Caldwell, 6-2, 6-3, and Loveland and
Shepherd beat Cary and Abbott, 6-1, 6-1.
Then Magee and Sbelden met Loveland and
Shepherd la the second round, winning
6-7, 7-5, 7-5. Farnasworth and Raymond
beat Haskell and Clarke in the first round,
6-1, 6-3, and Graves and Cockerlll beat
Hopkins and Towle, 6-2. 13-11, and then
met Peters and Ashcraft In the second
round, the latter winning, 6-3, 6-3.
The fierce set of the day In doublea was
between Loveland and Shepherd and Magee
and Shelden. The Lincoln team took the
first set 7-5, and the next went against
them, 5-7. Each set was fiercely fought,
and the third aet proved the aame kind of
tennis, the Magce-Shelden combination
finally winning, 7-5. The game of the win
ners was decidedly erratic. Tbey should
have won by a better score, but they were
reckless and loose at tlmea, following this
with brilliant streaks. Magee's smashing
at the net and Sheperd's fine back-court
work were features.
The match in which Aahcraft and Petera
beat Groves and Cockerlll aroused consider
able Interest, as it was thought the Chicago
men did not show sufficiently strong against
their opponents, allowing them three games
In each aet. According to that showing,
Farnsworth and Raymond bave the best
chance for first place although' they; meet
Parker and Wilder thla -morning.
Beaatlfnl Exhibition Match.
To appease the desires of many devotees
who wished to see how they would play
together, Parker and Ashcraft, the two men
who were expected to hold the tournament
easily between them, played an exhibition
of six games. Each won three and It waa
beautiful. It is still hard for the spectators
to realise how Farnsworth beat Parker and
how Sanderson put Ashcraft out, but they
saw It done with their own eyes, and It
must he true. In yesterday'a exhibition
Parker had his Lawford at Its best. HS
drove terrific strokes from the back line.
Ashcraft playing them some times from
the net, some tlmea from deep baok him
self. The score of the exhibition game
read: ,
Parker
4 6 6 6 3 320-3
3 4 4 8 6 628-3
Ashcraft
Thus the two men won each exactly the
same number of points. Parker took the
i DELIQUEsW TAXES ;
Statement Showing Counties in Nebraska
Heavily in Default in Payment of Taxes, June 1, 1902
Til. fnltAwtn. la It. nf maii.H.. Int. I-. Jl.r...t . . . ' '
... . - ....
payment ot State Uxes. These amounts
or any of the taxea charged for 190L but
County. Taxea Delinquent.
Adams '. I lt'llfll
Antelope
Buffalo
Burt
Cass ....
Cheyenne
Colfax ...
Custer ...
Dakota ..
Dawea ...
Douglaa .
Fillmore .
Franklin .
Gage ....
Greeley .
Hall ....
Hitchcock
Holt
e e e e e a e ae o e e e a
a e a
For the whole etate there Is 21,096.872 of atate' tax that la undoubtedly delinquent (being due for over two years).' Of
whloh 1157,747.27 has been delinquent for thirty years or longer, and we give below a few Inatancea ot how derelict the officers
have been In the past five years. , i
Statement S ho wi tig .Percentage o! State Taxes Collected in the Folio wing
Counties. Giving the Average Delinquencies Occurring for the
Past Five Years, and Percentage o! Tax Allowed
to Become Delinquent.
State Assessment.
Charged to
Counties.
815,682
16,889
6.375
8,952
4.065
COUNTY.
Lincoln
Holt
Hitchcock ...
Hayes
Chase
These are only Instancea aelected, showing the extent of delinquencies occurring
all over the state, and thla Is what causae the state debt. The past five years have
and the railroads have paid tbelr taxes promptly, when due. We have given Instancea of many counties, that escape their
Jjat share of tax by reporting extraordinary low valuee for taxation, but In tha foregoing countlee tbey do net pay the Us
charged.
The following counties owe In delinquent taxea as follows for each one thousand dollars total valuation tbst tbey had
returned for assessment in 1900: .
Greeley .,
Hitchcock
Dawea . . .
Merrick .,
Holt
Fhelpa ..
Franklin
Douglas ..
Hooker county owes lesa than any other for taxea to the atate, being but 2397.60,
Uses Is that county.
DELINQUENT TAKES HAVE GAUSED
first three games. Ashcraft the last three.
All but the first one were deuce games.
XI Irs Lofce Pound and Isaac Raymond.
Jr., of Lincoln won from Mrs. Vaughan
Howell of Seattle and Conrad Young ot
Omaha In a prettily contested exhibition
at mixed doubles, the score being 6-2, 7-S.
Both women played remarkable tennis, and
were generously applauded. Young wss not
In form during the first set, and hla errors
are responsible for the one-aided score.
In the second set the teams were matched
very evenly, and It was nlp-and-tuck.
Young waa good by that time, and Mrs.
Vaughan-Howell waa auperb In pinching oil
at the net the hot ones which Raymond
and Miss Pound, two known smashers, sent
at her. Both women were extremely good
at, the net, and Miss Pound laid them
back In the far corner In great atyle.
Consolation Matches.
During the afternoon many matches In
the consolation rounds were sandwiched In,
so that now this contest stands as follows:
Consolation' singles, preliminary round:
Van Camp beat Webster, 6-2, 6-4.
Cockerlll beat Ryan, 6-0, 6-L
First round:
Towle beat Erwln, 6-0, 6-3.
Young beat Clarke,. 6-2, 6-4.
Cary beat Prouett, 7-8, e-j, -o.
Hlles beat Van Camp, 4-6, 6-4. 6-2.
McNeal beat Cockerlll. 10-8. 6-4.
Howell beat Copeland, 6-0, 6-0.
Graves beat tufrene, 4-6, 6-4, 6-L
Holland heat Hill, 4-6, 6-3, 6-1.
wcorm round:
Howell beat McNeal, 6-2, 6-4.
Young beat Towle, 7-6, when the match
Was postponed till today.
All these matches In the consolation
singles were played Thursday save the
Kowell-Copelanl and Carey-Prouett af
fajrs. Drawings In the consolation doubles were
made last night, and read:
Oilman and McNeal play Hamilton and
Prltchett.
Young and Caldwell play Cary and Ab
Haskell and Clarke play Croskey and
riltl.
Hopkins and Towle ploy Howell and
Hlles.
At the club last night the tennis men
were given a smoker, which waa a great
success. A host of musical men were on
hand for the occasion, and there waa a
general jolly time with a large crowd par
ticipating. Play for Today.
For this morning but one championship
game la scheduled, that In doubles be
tween Farnaworth and Raymond and Parker
and Wilder. At 3:80 In the afternoon Farns
worth and Sanderson contest for the cham
pionship In singles. Meanwhile matches
In consolation, both singles aqd doubles,
will be played off rapidly all day. It being
hoped to bring both the final rounds by
night. This will leave three final matches
for Saturday, championship doublea and
consolation singles and doubles.
Republicans Choose Candidates.
HEBRON. Neb., Aug. 11. (Special Tele
gram.) The republican county convention
met here today and nominated the following
ticket: Harvey Ford of Hubbell, for rep
resentatlve; J. L. McCulston of Hebron, for
county attorney: W. D. Church ot Hebron,
for county commissioner. A joint senatorial
and representative convention, comprising
Jefferson and Thayer counties," met here at
S o'clock p. m., at which J. H. Jennings
of Davenport waa nominated for atate sen
ator and D. B. Cropsey of Falrbury waa
nominated tnr rmrMantiHn
Woman Falls Throwsrk Trap Door.
THAYER, Nob., Aug. 21. (Special.) Mrs.
Arthur Robinson of this place met with
a very severe accident on Friday night. She
fell down the cellar, not knowing the trap
door, waa open. She was considerably
bruised and cut on both limbs, and two rlba
probably fractured. She la reatlng aa com
fortably as eould be expected under the
circumstances. i
. Date of Repnbllean Convention. f
M'COOK, Neb., Aug: W8peelal Tele,
gram.) The republican convention of the
Twenty-ninth senatorial district will be
held In McCook. September 10, at S:S0 in
the evening. The representation Is: Fur-i
nas, 12; Red Willow, 11; Hitchcock, 6; ,
Dundy, 4; Ooaper, 4 Frontier, S; Hayea,
4; Chase, 4. No proxies are allowed.
(Issued Under Authority of the Railroads
m Bwvuaia agrafraunar
do not Include any of tho taxes la process of
a re delinquent Uxes due from levies made
County.
Johnson ....
U,60(.9I
Latncaater .
Lincoln .......... .......
Madison
22,456.85
11,494.44
60.042.71
17.17i.8J
10.22S.H
19,694.11
11861.01
16,140.66
merries .......
Nemaha
jom ...........
Pawnee
rneips
. Pierce
Platte
Richardson
Sarpy
Saundera
Be ward
Bberldan
Webster
a e e e
.... 220.022.40
10,259.45
11,297.20
Je,6,29
14,212,09
14.S59.27
19.S77.97
85,477.10
Average Delinquency
Past Five
Tears.
13.608
2.698
1.664
867
816
Sore '
Mamds
Red Rough Hands Itching Palms
and Painful Finger Ends.
ONE NIGHT CURE.
' SOAK the hands on retiring
in strong;, hot. creamy Uther
of CUTICURASOAP. Drrni
Anoint freely with CUTICURA
OIiraiENT, the great kln
cure And purest of emollients.
Wear, during; the night, old, loose
kid g-loves, with the fingxr ends
cut off nd air holes cut in the
Eilms. For red, rough, chapped
ands, dry. fissured, itching-,
feverish palms, with shapeless
nails and painful finger ends, this
treatment is simply wonder fuL
Millions of People
Us Crmcvaa Soar, assisted by Cur,
coaa Onnin, for preserving, purify
ing, aod beaatlfying the skin, for oleanaing
the scalp of crusts, scales, and dandruff,
and thosSopping of falling hair, for soften
ing, whitening, anil soothing red, rongh,
and sore hands, for baby rashes, itching,
and irritation, and for all the pnrposes ei
the toilet, bath, and nursery. Millions of
Women nee Ctrricoaa Boar In the form
of bathe for annoying Inflammations, chaf
ings, and excoriations, or too free or offen
sive perspiration, in the form of washes
for nlMratlve weaknesses, and for many
sanative, antlteptio purposes which read
ily suggest themselves to women.
COMPLETE nUMOUR CURE, $1.
r CormiiHoc ef CltTrc'vaA BOArflSn.), toeleaaee
thenrnMs and scales, snd soften ths thickened
entlele; Ccnora Ointment, (Mc.), to la
etanMy sllav ItnhlRg, Inflammation, and Irrl.
tatton, and soothe snd heal ; OUTIOOna
RKOLTs.r I'ills (We.), the new chocolate
eoated substitute for liquid Resolvent, to
cool ant1 cleaase the blood. A BixoLa RsT Is
ofkea i iv Anient to cure the severs at case, es
pecially of baby humours.
SrfS VW.I aw MM. Brtthh Dnnfc
pkMnVM j U4n, rmek IMnatt una la
Swuuraitt. rmaa IMvs " fnsr runs
MR. OEO. COTT OF THE MARTIN-COTT-HAT
COMPANY OF OMAHA,
NEB.. WRITES.
Magnet Chemical Co:
8r SLrB By PP'y'n? Magnet File
Killer for two days I cured an aggravated
case of bleeding piles. One dollar Is chenp
for such a wonderful compound, I cheer
fully recommend It to my friends of the
traveling fraternity, who may bo suffering
from rectal diseases. Gratefully ynurs,
. . . GKOROIS COTT.
Magnet Chemical Co:
Gentlemen I now take the opportunity
of sending you my thanks. About six
weeks aa-o I was taken with a v.rw m9
attack of piles. They fell to the extent of
nearly two Inches, but following out the
Instructions of your Magnet Pile ICMIer I
am entirely well and am willing to answer
all inquiries to tho same. Many thanks
to you. FRANK HALU,
Magnet Chemical Co.:
Please find enclosed money order for
11.00, for which send one box Maent Pile
Killer. This ons Is for a friend. I have been
cured with It and feel confident that It
will cure him. Tours truly, A. COtv.
Sprlngdale, Ark.
$1.00 at your druggist. Guaranteed; or
sent postpaid by
MAGNET CHEMICAV CO., '
It ro nT. lost tout- serra ana memory and Una
llfs plunires w.nlnf. if you hire Intomnla, tost
manhood, nocturnal loam, aervons deollltr --Talc
Gray's Nerve Food., Pills. -
TtMM pills (M4 kangry norvae and restores nntal
and bodily Vigo-, proront and euro Impot.ncy la
either sax, nrrled or single, stop U drains and
lian p.rm.n.nll7. t '
rrto 11.00 nor box. 4 'boxes for 15.00. Smt by
mall, BMlrd. upon rocalpt of prioo br Sherman
McCoanall Drug Co., Cor. Itth snd Dodga, Oawaa.
of Nebraska.)
over Ten i aousana Dollars each, in their
collection on June 1st, of tho present year
la isoo nr arilr ' '
'
Taxea Delinquent.
.'.."..i'. ......
t 10.123.27
64.719.41
24.582.97
15.727.18
27.72020
16,600.05
....
,
.........
86.038.74
12,830.61
;
,v
.....i
,
,
r
19.134.68
14.992.54
24,672.77
18,412.94
19.769.89 '
18,010.02
11.461.71
19.031.16
14.787.11
FT Cent of Taxes
Avowed to Become
Delinquent. .
17 per cent
16 per cent
34 per Cent
22 per, cant
i ?8 er eot
at the preeent time.
It Is ao soots or. less
been prosperous oaee In iMrfcraske.
$32 27
27.76 '
15.24
15.15
14.88
1472
11.32
1013
bat the railroads psy ft per cent tf the
THE STATE DEBT