TIIF, OMAHA DAILY SATURDAY. SEPTEMllRT. 27, 1002.
0
A MULTI-STORIED DICE BOX
Whir Hamtn Dice of tftij Graiei Irs
shaken Up Together.
MONEY BURNED IN GREAT QUANTITIES
Lit It Is LUr4 la th Moat Fsmoas
Hotel la America DtllciH
Task of Policies: the
Place.
K tou would tee high Ufa and yet
ha funds to plunge.
II you would know how millionaires and
ultl-mlllionalree spend their wealth.
If you would actually behold the frocks
and frills which the average person knowa
only through the columns of the Sunday
(nab ton pages.
If you would rub elbows with the most
highly exploited actors, artist and writers
of the hour.
If vou would study the sharpest con
trasts between penury and wealth, the
underpaid hireling outlined against the
over-ted financier.
If you are willing to sacrifice one by
one your life long Illusions concerning the
world of wealth, fashion and art to a be
lief that mediocrity la the only pathway
to haDDtness.
If you. would accomplish all these things
la on short year and be paid for doing
it get lomi kind of a situation In the
largest and moat widely known hotel in
New Tork City; a multl-atoried dice box
where human dice of many grades are
shakes no toesther.
They all visit the place In time the
man who haa tolled for years to amass
wealth and the man who. hae achieved
bis thousands In one sudden turn on the
street the man who has been lucky on
the nearest rsce track, and the man who
has struck gold In the mountain locked
west be who haa saved for months that
he may enjoy brief week or so In the
metropolis, and the confirmed traveler, the
cosmopolitan to whom this mammoth pile
In New Tork and Bheperd's In Cairo alike
are home the man who makes money for
the pleasure he can buy with It, and the
man whe spends money for what appear
ances are worth 'to blm In advancing his
career.
And to these add the men and women
Indigenous to the metropolis, ths present
generation of old established families to
whom the most fashionable hotel la bound
to be more or lea of a meeting place.
From morning until night and from night
until morning the kaleldeacope whirls un
ceasingly, for the one thing lacked by this
hugo abiding place for 3.000 souls In per
manency. Ita life la like the restless surf,
ever rolling in and out, ever vsrylng In
form, color and motion and always topped
with foam.
night at this fashionable gathering place.
Often they live In cheap rooms, prepare
their own coffee and rolls tor breakfast,
luuch on trifles and have the one respectable
meal of the day with the world that shrugs
Its shoulders In passing them.
The policing of a house like this with Its
980 guest chambers. Its accommodation for
1,300 guests. Its focre of 1,200 servants, its
great corridors and stately apartments open
to all, la a problem equal In seriousness to
the protection of a small city. All classes
foregather here the man who indulges in
excesses and Is willing to pay any price to
have his Indiscretions overlooked and the
man who believes that because he haa paid a
good round sum for his own accommodations
the entire house should be run under the
blue lawa of old New England. To screen
the one and propitiate the other demands
tact. To bar suspicious characters and to
At Castro's Ranche
ny PHILIP ;erry.
The stage roa(h from Ssn Diego to Fort
Yuma stopped at Castro's rsnctiv to chance
horses snd permit such passengers as
dsred take the chances to eat of the Mexi
can's food or Imbibe his vile liquors. It
was simply a road house of the moBt
'retched type, with dirt and squalor on
every hsnd and Castro had an evil repu
tation. It was whispered that he bought
quartermaster atores stolen from the fort.
harbored outlawa and went upon raltls
with them. He was a man of 60. mis
shapen in body, with the face of a wplf, and
how he could have won the hand of the
rounc and fair looking woman who called
guard tne innocent victim oi circumstances i n(m husband no one could make out. Lit
from false accusations would require a tie WM .Mn 0f ner by guests and Castro
Bherlock Holmes, while each hotel or tin
sort has Its well organised detective force,
more or less detective instinct develops with
time in every employe about the establishment.
An elevator attendant can tell by the
was a man no one liked to question.
To the east of the ranch was the road
running down to the Arlxona line and now
and then, when the road agents and cattle
stealers became too bold, a patrol was
sent out from the fort to cover twenty
manner In which a person approaches hie miles of it. It wss while In charge of
car whether he Is a guest of a chance caller I this patrol that young Lteutenant Forbusb
bent on investigating the house with, flm met Castro's wife. Castro was off on
curious or evil Intentions. The house 0ne of his raids and the woman In charge
guest almost Invariably will enter the car 0f the place. Forbusb, was hardly more
with a certain expression of Inquiry on his than a boy; he had Just been ssslgned
face, a shadow of hssltancy. The sneak from West Point and knew nothing of tho
Why Toarlats Crowd It.
Tourists are drawn to a hotel of this
stamp for various reasons. Those who
travel merely for appearance, to say they
have "done" thta country or that. Invaria
bly select the hostelry which will show up
best In their dairies, the house which Is
notsd for Its exorbitant cbargea. Others
go on the principle that one might as well
die for sheep as a lamb, and while spend
ing be liberal enough to see all the Hons.
Others still there are who lovs luxury
for Its own sake. This class Includes the
English women who wear Impossible dowdy
frocks In the palm gsrdena after p. m.
and who demand tea when their smartly
dressed neighbors- are Indulging In cock
tails or champagne." Artists, writers, mu
sicians and actor who have sprung sud
denly Into' public notice go there because
It gives them a certain standing, social and
financial. Western men who are "spend
ers" by 'birth and often by the unexpected
accruing of riches, go there to see their
money melt like Ice in dog days.
One can "burn money" here without ap
pearing vulgar, if he so desires, or he can
be stamped as an ''easy one" from his first
Interview with (he room clerk his first ap
pee ranee In one of the dining rooms, The
most liberal with "tips" are said to be the
western men of our own country; the least
generous In proportion to their Importance,
the foreign dignitaries, ambassadors, etc,
whose- itinerary Is arranged by their own
government or that of the United States.
The local clientele may be divided Into
four district classes. First are the regular
roomers and boarders, people who have
had the aame apartments for successive
winters and who pay for these as much
as would maintain a handsome ejtabllsh
ment. This class Includes several well
known widows with grown daughters and
acknowledge social standing who appar
ently Ilka the freedom from domestic re
sponslbllllty; single men who possess no
desirable club affiliations, but have enough
money to live luxuriously; men who feel
at home nowhere save In a hotel; women
who have reduced to a fine art the work
of making excellent appearance on small
capital.
How a Wesaaa Artist Cllaobed,
It Is said that a eertaln woman artist
took a top-floor room here and lived on
one meal a day that ahe might have the
prestige of receiving her mall and her call
ers in the showiest hotel In the city, and
thus Impress upon prospective customers
the fact that she had "arrived." How
much thla policy helped In the evolution of
her career cannot be estimated, but she
has a large, profitable and fashionable fol
lowing today.
If one has no objection to long elevator
tripe, he can "room" In tbla establishment
as cheaply as In a fashionable apartment
house and have Infinitely better service.
On the other hand, If he desires to notify
the world that the goods aro behind thn
bluff, he can get the stats apartment at
176 per day, but he must not forget that
hi tip muet be In proportion to his room
rent. y
Second, come the fashionable folk whose
town houses msy or may not be closed,
hut who drop in here In returning from
abroad and run In from their country homes
for a day or so In town. This Is known
generally as the town and country trade,
and here Is where the hotel manager loses
money, rather than on hla transient cus
tom. Certain names, wsll known In soclsty
t home and abroad, are Invaluable on his
register. They draw the would-be social
element, with money to snend. but lust
lacking certain qualities which alone can
carry them into the Inner circle where
they would be. Now It the owner of one
or thgse desirable namea absent-mindedly
raws to settle his account, the proprietor
or me noiei Qoes not push the dellnauent
for the transfer of bis sccount and occa
sional presence to another house would
carry away a certain number of satelll
tlee. It Is aald that one family of consid
erable social prestige owes the house tt.OOO.
A third class Includes those who have
the mean and who at regular intervals
dine at the hotel, and would think of a-olne
nowhere elae to give a supper party after
me siay. Tnsy are the people who enjoy
ins in an utterly uosensatlonal f..hi
but who like to watch the passing show
aooui once in so often.
The lea Walkers.
The fourth and last class are the people
eo walk oa Ice who are keeping up ap
pearances at any eost. The men wear even
ing clothes with shiny seams, the women
gowns that are trimmed with soiled lace or
last season's passementerie. It may be for
business ressoos or more mere love of show
that they make their appearance night after
thief, the man or woman who has no right
to enter that same car will have an lode
finable bravado or effrontery In carriage.
Duty of Detectives.
A peculiar duty of the regular detective
force Is following up ths servants wnen
the latter leave the hotel after the' day'
work Is over. In this way they ascertain
what aort of home life th "help" lead,
where they choose their companions, what
their amusements are, bow tbey spend
their money, and most Important of all
whether they live within their Income. A
surprisingly low percentage of thefts are
traced to servants, though It has often
been said that crooks get hotel position
with a keen eye to business. The house
detectives are supposed to keep In touch
with the municipal police department, to
know their rogue gallery and prevent any
possibility of a man or woman from the
under-world securing a position In the
hotel. The majority of thefta are traced to
guests, and In some Instance are due to
"kleptomania."
There 1 everything to Invite crooks.
Money 1 spent with prodlgaf Jiand and
Jewels dasxle. The average check for a
meal is f 10, and waiters who receive a reg
ular salary of f?5 a month carry away
three times ss much In tip. On Now
Tear' night 1,000 people sit down to sup
per, the tables overflowing the dining room
Into the corridors. This means that at
least $30,000 Is spent en eatables, drink
ablea and cigar between 7 p. m. and 1 a.
ra. every day.
Th Power of Money-
Money will buy almost anything here. A
guest may telephone to any ehop and have
goods sent on approval, with a shop em
ploye In attendance. Without stepping from
the house a man may summon a vaiet wno
will clean, press and tailor his garments.
A barber will come to his room to ad
minister a shave. Stationery, cigars and
theater tlcketa will be sent up to him
from the main floor, and a maid will go
down and select the flower he would
and to his lady fair. It la told that a
western man of Influence was saved from
a most embarrassing position recently In
thia house. He was returning on a windy
night from the theater, wearing the only
evening suit and high silk hat be had with
him. In trying to catch his hat, which
was the victim of a sudden gust, he slipped
and fell and tore his suit, arriving at
the hotel a sartorial wreck, for an electric
csr reached his hat before he did.
Under ordinary circumstances a Broad
country or ths ways of Its inhabitants.
He made his headquarters at Castro's and
purpose. We are not carrying out our
orders, and It Is all owing to ber devil
ment. If you'd been out here a couple
of years you'd know v. hat her smiles snd
music mean to so honest soldier. It will
net do for me or sny other man of this
patrol to say a word at the fort, no matter
what happens, but I'm telling you as man
to man that the senora will lead you to
h 1 If you follow her."
Tho young officer, with the military eti
quette of West Folnt before him 'was fu
rious at being so familiarly snd rudely ad
dressed by an Inferior, and his vanity as
a man had also received a shock. He waa
engaged to a girl In tho east, and would
marry her ss soon as he had won the bars
of a first lieutenant, but It pleased and
flattered him to think that a woman out
there beyond civilization had been Caught
by his face and figure. He had not even
stopped to reflect that she was of another
race and already a wife. Not that he meant
anpthlng serious should come of It, but
that It flattered the egotism every young
man haa a fair share of.
If the words of tho blunt old sergeant
angered tho officer they also opened bis
yes, and there was less dallying and more
riding. The woman was quick to see that
he had been warned, and she exerted all
her Influence as an offset. Indeed, she
mmmmmr
iff )t t: a - j a "v . r - v
"HE BUDDENLT LEAPED' BACK AND UTTERED A SHRIEK."
there were reasons why the young wife
smiled on him andtnade him very wel
come.
Castro knew that he waa suspected by
the military authorities and It was his
plan to hoodwink them by a great show of
servility and friendship. He smiled In
the faces of the officers while he cursed
them under hla breath. He begged them to
honor him with their presence, but would
have rather stuck a knife Into their backs.
His wife was acting under orders when
way shop would have come to hla rescue I she smiled and flirted with the boy-officer
the next morning, but, alas! thia hap- I and played love airs to him on her guitar.
pensd to be Saturday night, and he had a I while old Sergeant Brlx was growling and
dinner engagement for Sunday evening. IHe cursing outside. The sergeant had served
ana for almost twenty years. He knew tne
dodges of the outlawa and the tricks of
the half-breeds. He saw and heard enough
to know that the woman with the big
black eyes was working some sort of . a
it for the hotel valet, who smiled and
protested. The suit surely was past reno
vatlng, but there was hope. Upstair be
had many suits unclaimed by men who
had been called out of the olty unex
pectedly. And hats? Oh, yes, several of game for the beaeflt of her husband, but
them In a fine state of preservation, all
cleaned, fumigated and In perfect condi
tion against Just such an emergency as
thla. It monster did not mind 7
Monsieur did not mind. In fact, he re
garded (he relet and his unclaimed rai
ment as a gift from thu gods, and the
salvation of his dinner engagement. The
matter was arranged quickly and to the
satisfaction of the valet, tor. as before
remarked In this article, the western men
are considered admirable spendere.
Nowhere In the world can one see a more
striking exposition of the modern commer
cial system, the specialisation In work,
the executive mind of the hour at work.
Behind the scenea In this great hostelry
are scores of men and women who do but.
one thing unremittingly, every day In the for me. but I've got to speak up.
year. There is one man wno cuts ice iuio
blocks as It comes from the Ice plsnt and
tosses It Into a puvsrtzer. There are half
a dosen who polish mirrors from morning
until night. There are women who peel
potatoes ten hours a day. There Is ons
man who does nothing but make and fit
keys. A man Is hired to do one thing ana
do It well. It Is none of his affairs what
the man on hla light or his left Is doing.
His employer prefers that be does not no
tice his neighbor or aspire to his neigh
bor's position. There ia little or no civil
service promotion possible In a mammoth
hotel, and employes sre liable to become
mere machines, or wearying of the monot
ony, tbey break loose Into other lines of
work.
Severe Attack of Dls'rkoes Ualekly
tared.
The following Incident related by Mr. W.
C. Jones, poatmaster at Butord, N. C, may
be new to some and yet a thousand others
have had a like experience. "About two
years ago," he ssys. "I had a severe attack
of diarrhoea which lasted for over a week.
I became so weak that I could not stand up
right. A druggist recommsnded Chamber
lain's Colic. Cholera and Diarrhoea Remedy.
Ths first dose relieved me at once and
within two days I wss well and strong as
ever."
it was not until a freighter had been
robbed of bis outfit and left for dead on
the road which tbe patrol should have
made sale that he summoned up coursge
enough to cross the gulf existing between
man and officer. When he did decide to
talk he decided to talk plainly.
"Lieutenant Forbush, you may order me
under arrest and court-martial me if you
111," he began, "but I'm bound to tell you
that female Is wanting to maka a fool of
you. She's working under the orders of old
Castro, and his gsme Is to keep us from
doing our duty while bis band of cut
throats are picking up plunder."
Sergeant, do you know what you are
saying!" sternly replied the officer.
"I do, sir, and It may mean disgrace
That
for a
woman is trying to bewttch you
"Let tho COLD DUST
twins do your work,"
Good-byo
Soap I
Welcome
Better for clothes, dishes, pots and pan, floor and door and yt more economical. COLD DUST
drive dirt before it makes everything clean and bright lessen th housewife' care. With GOLD
DUSTS aid wash-day cease to be "Blue Monday." It make it possible to have snow whit clothe
without rubbing them to pieces on the washboard.
Made only by THE N. K. FAIRBANK COMPANY.
.Chicago, Msw York. Boston, SL Louis Makers of OVAL FAIRY SOAP. V-
overdld It. Curious ae It may seem, what
she meant for a flirtation to blind his eyes
turned out to be a case of love on her part.
She really and truly fell in love with the
young pfflcer and suggested an elopement.
She would leave husband home all and
fly with him In any direction. Then It
wai that he began to realize the serious
ness of affairs and ho" falue of the ser
geant's advice. 'He-attempted by coolness
of demeanor tnd sensible arguments to
bring the woman back to reason, but ahe
was deaf to .his words snd blind to all
perils. There were those hanging about
the ranch who sent word of the matter to
old Castro, and when the messenger reached
him ho swore to be revenged.
The patrol had been detailed for a
month. The officer alone occupied quar
ters In the adobe ranch house, while the
men had their tents outside and not far
away. Three weeks passed. Castro's wife
had flirted, fallen In love and been scorned.
That Is, young Forbueh hsd rejected ths
Idea of an elopement and waa no longer
playing with Are, while Castro was on his
way home to wreak revenge on his foolish
If not faithless wife. Thus matters stood
one evening when the woman sat down In
her room, with rage and Jealousy gnaw
Ing at her heart the rage because she
had been scorned Jealousy because tbe
officer had admitted that he bad a sweet
heart to whom he would be faithful. She
knew that her conduct had been open to
censure and that word had gone to her
husband and she would be held to account.
She sat In the darkness for hours, brood
ing and planning; at last she rose, passed
Into another room snd took a box from a
cupboard. In the box were four tarantulas
which had been caught and imprisoned to
be shipped away the horrid, hairy spiders
of the west, whose bite means death.
With the box under her arm she paused
at the officer's door and listened to bis
deep breathing for a time. Then she
pushed the door open and entered the
room, walking over tbe hard earth floor
with her bare feet. The moonlight
streamed In at the windows and showed
her tbe man sleeping heavily on his couch.
She crouched down beside him and llftd
the cover of the box. Then she softly
took one of his hands, oent her face to the
bed and be elept on and his sleep was
dreamless.
"It It Is so I will kill her!" muttered old
Castro as he at last drew near tbe ranch,
and with native cunning he cautlounly
turned out hla horse and sneaked Into tbe
house without word or alarm. His wife
was not in ber own room. He sought her
In two or three others, and then, with eyes
blazing with fury, be opened the door of
the officer's room and made her out as
she knelt beside the bed. Prawlng his
long, keen knife, chuckling In his throat
with satisfaction, he began stealing across
the room. He had covered two-thirds of
the distance and was reaching out his left
baud to grasp the woman by the hair
when he suddenly leaped back and uttered
a shriek. ' It was followed by another and
another, and screams followed screams as
he dashed among tbe tents of the soldiers,
to fall down and writhe end shiver and die.
"Come on!" eald the sergesnt to his men
as he lighted a torch and advanced toward
the house.
They followed him through tbe open door
and across the public room to that of the
officer. The glare of the torch showed four
tarantulas crawling about on the floor. It
showed a dead womsn kneeling by the bed
side. It showed a dead man lying on his
back rith eyes half open and a look of
terror on his face.
"I told him ahe was a she-devil!" mut
tered tbe sergeant, "but be has found It
out too late."
SUPREME COURT SYLLABI
The following opinions will be officially
leponea;
11S94. Kudma against Alnsworth. Ap
peal from Dodge. Reversed and dismissed.
Holcomb, J.
1. Plaintiff recovered a decree, In nn
action in the nature of a creditor's bill
setting aside an alleged fraudulent convey
ance of real estate made by the Judgment
cebtor and directing a sale or the property
to satisfy tne Judgment: pending an ap
peal In the equity action the Judgment
which formed the basis of the suit was on
error proceedings reversed by thla court,
Held, that the decree rendered In the ac
tion in the nature of a creditor's bill Is
without support for want of a valid Judg
ment as its lounaauon ana mat sucn de
cree should be reversed and the action dis
mltBed.
12035. Meek against I,ange. Error from
Clay. Reversed. Hastings, C, division
No. 1.
1. Under section S, chapter xxxvl. Com
piled Statutes of Nebraska, an executory
contract for sale of the family homestead,
to which the wife is not a party, is invalid
and its non-performance does not furnlh
a basis for a recovery of damages tor the
loss of the bargain.
1371. Oyster against Burlington Relief
Dept. Error from I.ancaster. Affirmed.
Oldham, C, division No. 2.
1. Terms in a benefit certificate of the
Rjrllngton voluntary relief department of
thn Chicago. Burlington & Qilncy Railroad
company, providing thut where members
nf that department shall elect to accept
the benefits provided by the certificate
they must waive all right of action against
the railroad company for ths Injury re
ceived. Examined and held valid.
2. The election of the widow of a member
of the voluntary relief department of the
Chicago, Burlington & yulncy Railroad
company to accept the provisions of a
relief certificate in which she is the bene
ficiary does not bar an nction hy the per
sonal representative ol the deceased
against the railroad company under the
provisions of section S, chapter xxl. Com
piled statutes or isenrasKa, ror tne Denent
of the minor children of the deceased.
3. A Judgment recovered by an adminis
trator under the provisions of section 2,
chapter xxl. Compiled Statutes of Ne
braska is for exclusive benefit of the widow
and tne next of Kin ot such deceased per
son, and the fact that the administrator
in his petition for damaaes fails to name
all the legal beneficiaries provided for in
this act win not oar any legal aistrioutee
not named In his petltlqn from receiving
his distributive share of tbe Judgment re
covered.
4. Where the full penalty prescribed by
statute has been recovered from the Chi
cago, Burlington & yjlncy Railroad com
pany Tor tne uniawnu Kinin or one ot its
employee, who is a member of the volun
tary reller department or sucn company,
the beneficiary named in the certificate of
such employe cannot maintain a cause of
action againut tne rauruau cuutkauy uu
such benellt certificate.
12134. Robertson against Brooks. Error
from Pawnee. Reversed, with instructions.
Duffle, C. division No. S.
1. On foreclosure of a first mortgage a
second mortgagee waa made a party and
served by publication only. She did not
appear In the action and the decree barred
her equity of redemption. On sale under
the decree there remained a surplus after
paying the costs and the amount found due
on the first mortgage. Held, following
Moss against Robertson, 66 Neb., 744, that
the lien of the second mortgage waa trans
ferred from the land to the surplus, and
that the holder of the second mortgage
was entitled to such surplus, as against
the owner of the eaulty or redemption.
2. Under the facts above stated, while
the second mortgagee had a lien on the
surplus, her right to demand posseeMun
thereof did not accrue until her mortgage,
was foreclosed and the amount due thereon
judicially determined, and the statute of
limitations would not commence to run
in favor of those who fcart wrongfully con
verted the fund until such foreclosure was
had.
12746. Merrill against Wright. Appeal
from Douglas. Reversed, with Instruction.
Pound, C, division No. 2.
1. It is error to award a writ of assist
ance against a person who entered upon
land pendente lite claiming an Independent
title, not derived from or in succession to
sny of the parties to tbe suit or their
privies.
2. One who Is In possession in good faith,
without collusion, under a void tax deed,
asserting title thereunder, claims by an
Independent title, not derived from that of
the owners of the fee, and may not be dis
possessed under a writ of ssslstance.
3. The purpose of the rule as to lis pend
ens is to prevent third persons, during the
pendency of the litigation, from acquiring
interests in the land which would preclude
the court from granting the relief sought.
4. Hence, such rule has no application to
independent titles, not derived from any of
the parties to the suit, nor In succession to
them.
5. Section 85. Code or Civil procedure, does
not extend the rule so as to Include per
sons acquiring rights or Interests In no wsy
dependent upon or derived through those
of persons made parties to the suit.
The following opinions will not be offi
cially reported;
11834. Roues against Ooldgraber. Error
from Lancaster. Reversed and remanded.
Pound, C, division No. 2. Unreported.
Where neither fraud nor mistake is al
leged, parol evidence to contradict or vary
a written receipt must be clear and un
eaut vocal
11!UI. Chicago, Uurlington A Uulncy Rail
road company against Roberts. Error from
Jonnson. Reversed ani remanaea. t'oiinn,
C, division No. 1. Oldham, C, concurring.
unreported.
1. A railroad company Is not liable for
Injuries due to horses taking fright at tho
ordinary operation of a handcar.
2. The same degree or oare la required
of a railroad company operating Its road
across a public hlghwsy and of persons
using the highway; each la bound to use
such csre In order to avoid accidents ss Is
commensurate with the danger Involved
under the circumstances of the particular
crossing.
8. While the rights of the railroad com
pany and of persons using the highway st
the crossing are equal, tne railroad com
pany has the superior right of passage,
snd, if otherwise exercising due care, It
commits no wrong In running Its cars
across the highway in front of approaching
teams.
4. If a railroad company. In the ordinary
conduct of Its business leaves a row of
freight cars upon a sidetrack at right
angles to a public crossing, so as to par
tially obstruct the view of persons crossing
over It, such fact of Itself does not render
the company liable for accidents occurring
at the crossing, but merely Imposes a duty
of greater care both upon the company
and upon those who use the highway.
6. A railroad, company may properly leave
Ita cars standing In the hlghwsy at a
crossing tor snort periods, wlimi unfMory
In the reasonable conduct of Its business.
But to leave such cars in or upon the high
way longer than Is needful for such pur
pose Is negligence.
t. In order to hold a railroad company
liable for an injury received at a crossing
where cars were suffered to stand upon the
highway longer than necesssry in the
reasonable conduct of the company's busi
ness It must appear that th negligence In
so leaving them was the proximate cause
of the Injury.
10633. Estate of Riasell Thomas against
Hoiman. Error from Richardson. Af
firmed. Duffle, C, division No. J. Vnre
ported. I
11644. Stltser against Whlttaker. Appeal
from Merrick. Reversed, with Instructions.
Pound, l'., division No. 2. Unreported.
1. A trustee may do. without a decree or
order of court, that which the court would
order or decree him to do, on a showing
made..
1. In order to obviate costs and expenses,
the trustee msy dispense with all matters
of form or procedure and settle a claim
which is about to be made a lien upon the
trust estate before it is Judicially estab
lished as such.
3. Where the trustee gave a note, secured
by mortgage on a portion of the trust
property. In settlement of such a claim,
promising that the note should be paid In
full, and suit to foreclose such mortgage
waa begun prior to the act ot 1K97, the trust
estste may be held for any deflclency ac
cruing on sale of the mortgaged property.
4. A creditor of the eettler of a trust
prior to Its creation afterwards obtained
three Judgments against him. Creditor's
suit was brought on one and proceeded to
decree. The trustee psld the amount of
the decree, but when such decree was satis
fled the two Judgments not set up In the
suit were entered of record as merged
therein snd satisfied. Afterwards, to .pre
vent further proceedings, cost and expense,
the trustee gave a note and mortgage in.
settlement of the Judgment remaining un
satisfied of record, which did not exceed
the amount still actually due the creditor.
Held, that there was sufficient considera
tion therefor and that such course on the
part of the trustee waa proper and within
hla authority.
Rla-ht oa tke Spot
Where rheumatism pain rub Bucklen'
Arnica Salve, the great healer. 'Twill work
wonders. Stops pain or no pay. 25c. For
sale by Kuhn & Co.
in
Moral Baasloat anal a Strap.
Brooklyn Eagle: "She seems to have
abandoned her moral suasion Ideas rela
tive to the training of children."
"She haa"
"How did It happen?"
"Well, I wss largely Instruments! In
bringing about the change. You see, she
has no children of her own, and I grew
weary of her constant preaching and the
orising, so I loaned her our Willie."
"Loaned her your boyf"
"Precisely. 8he waa to have him a week
on her solemn promise to confine herself
entirely to moral suasion."
"Did she keep her promise?"
"She did, but at the expiration of the
week she came to me with tears In her
eyes and pleaded for permission to whale
blm Just once."
Oast of Slcllr Flsee4.
ixiisuoN. Bept. H.A dispatch from
nume toaay announces that a severe cy
clone has swept over Catania, a city oa ths
east roast ot Slcllv. "uinlu ! n.A.t
and many houses, Including the Villa Brl
lanl. have been damaged. The railroads
have suffered seriously. The cyclone also
wrought havoc at Modlc. a town of Sicily.
whem several persons were killed. Mount
Ktna shows further signs of activity and
' uiiuu vi Birumtiuii is suit active.
o : n 66.
1 1
mmmm
SOora, . m I. a
-BEn visitors uiLcerx
AE-SAB
A PURE TALLOW SOAP OF EXCEPTIONAL MERIT.
A neB-raS-kA product.
(Read Bapkwarda.)
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