Omaha daily bee. (Omaha [Neb.]) 187?-1922, May 02, 1903, PART I, Page 4, Image 4
4 TIIF, OMAHA DAILY BEEt SATURDAY, MAY 2, 1903. BRITISH KING IN PARIS President and Populnce. Unit in Royal Welcome to Visiting Monarob. PARIS TURNED INTO FAIRYLAND OF COLOR raw Sheafs af Krittf an MFasbo4' are Raised, ant Oenerally Peo ple Delight to Honor Rlr ta Their Midst. PARIS, May 1. King Edward arrived this afternoon and tu accorded a hearty reception by republican France. Ha was met at the station by President Loubet, and taff, and driven through tha Boii da Boulogne, and tha Champa Elysaee. Every where the populace gave him an enthu siastic greeting. King Edward ihwed the keeneat appre ciation of the good will. Only acattered shouts of "Fashoda" and "Kruger" were heard and they were loat In the tremendoua volume of approval. Vast erowda filled the boulevard from early morning awaiting the royal procesalon, and every minute law accessions to the ranks. On the square facing the railroad atatlon was a surging maas of humanity with a regiment of the First Culrraaslers keeping It back. The front of the atatlon waa decorated with crimson and gold hangings and the Interior transferred Into a auperb recep tion room hung with gobelin tapestry and decorated with flowers and planla. On' the balcony waa atatloned the band of the Republican guard. Ministers Attend Loabet. Fresldent Loubet was surrounded by the cabinet ministers, the presidents of the senate and the chamber of deputies, the grand commander of the legion of honor, the military and naval dignitaries and the dlplomatlo corps. As the train entered the station the trumpets sounded a royal sa lute and the band played "Ood Save the King." King Edward descended from his car and advanced slowly and alone, smiling and saluting. He wore the scarlet uniform of British Held marshal his obapeau topped by waving red and white plumes and his breast adorned with various Insignia, In cluding the cross of the legion of honor. President Loubet stepped forward and grasped the king's, bands. The meeting between the sovereign and the president was cordial, nay almoat demonstrative. M. Loubet welcomed the king to France and In return he expressed his thanks for the splendid manifestation In his honor. King Edward and the members of his party entered state carriages, with gor geously olad postillions and. outriders and escorted by a regiment of coJLrasalers, drove to the British embassy. The route was through the beautiful Bols de Boulogne, and Champa Elyssee, arched with chestnut trees in full bloom. The lowering clouds which marked the earlier part of the day had broken up and the sun came forth. The avenues were lined with solid ranks of dragoona, cuirassiers, horse artillery, field batteries and Infantry, guna, helmets and other trappings gleaming In the sunlight. . Behind theae ' martial Walls the people were 'banked and all. the trees. . windows and balconies and house, tops were crowded with spectators. It waa eatlmated that 600,000 people gathered along the line. At the Aro de Trlomphe the scene was majestic, long, shimmering lines of soldiery and a forest of waving banners, with blar ing ogles and rolling drums and succeed ing bands taking up "God Save the Klng.T Halers Cosutlnnauslr Acclaimed. Toe president and the ting were continu ously acclaimed as they passed along tha line. Among the populaoe occasionally die eordant shouts war heard, but the prevail ing sentiment was strongly - friendly. , King Edward alighted at tha British em bassy on the Rue Du Fauhorg St. Honore, where apartments had been prepared for him. Including a throne room, furnished from the art treasures of the Borgheee pal ace, while from the roof above floated the royal atandard of Great Britain. After a brief rest he proceeded, with an escort, to the Elyasee palace, where he was received by the president. They remained togther alone for some time. Psris today was given up to elaborate fsatlvities, the government encouraging fates almllar to thoae of July 14. The boulevards were ablaie with color, floral arches and artistic derloes sym be Ileal of royalty. Many American flags were dls played and the United States consulate waa gay with bunting. Street amusements and dancing ware proceeding everywhere and the cafes teemed with merrymakers. Tonight the city presented a falry-llke spectacle. The facade of the opera house was aglow with a myriad of lights, the Column Vendome was crowned with light and along the boulevards arches supported flaming crowns and other devloea welcom lng King Edward. President Loubet called at the British embassy at S and eacorted tha king through the Illuminated streets to the. Theater Francalae, to witness the production of "L'Autre Danger." The entire theater was occupied by Invited guests of the govern ment and the audience was made up of the foremost men and women of France. On arriving at the theater King Edward pauaed In the foyer to chat with Prince Murat and other old frlenda. Tha audience roae to Ita feet aa the king and president entered the box on the right of the proscenium. King Edward wore evening dress and seemed keenly to enjoy the performance. IMMUNE TO BEE POISON Apiarists Gat Sa They Doat Mian Betas; Stanar Familiarity De gets Indifference. That a person who has been often stung by beea becomes In time Immune to the poison of the sting Is asserted by Dr. H. P. Parker. He reports that when he first began te keep bees he was frequently stung, and that each sting was attended with acute pain; but that aa time went on the pain and awelllng became less. In the following year. While transferring a hive of bees, he had an experience which he thus relates: "Sting followed sting In succession. In u s ua a, vr i w w im ss lagosa aia si wvwaaiwu. au legs. arms, fingers, neck and face. I Imag- ined what a picture I would present - closed eyes and swollen hands and feet. I worked on, and so did the beea. I could feel the needle-like thrust, but then It did not seem to pain as much, and at last I finished the task. With aching head, slight nausea and vertigo slowly coming on I left my task with a sigh of relief for what was accomplished and filled with wonderment aa to what my personal ap pearance would be. "Imagine my astonishment to find merely slightly raised red spots, like little pim ples, with tbs red sting In the center, as the result of each and every sting. I must have had something like forty of them on various parts of my body. My clothes were full of them; but. they being so thick, did not allow the sting to penetrate. The dlzilucss, nausea and headache left me and 'Richard was himself again.' "When I sgaln visited my bees I did not dread the stinging properties any longer, at leat, not as much so as formsrly. and then, and ever since. I have found that when a bee does sting me ths pain Is only sharp for an Instant and there Is an ab amce of the after-swelling. "1 hava since beea stung, many more tlmea than I was at that time, and yet none of the symptoma above referred to have been reproduced. Am I not, there fore, immune of the poison of the honey bee, at leant to a certain extent? "All authorities on bee culture state the fact, as crumb of comfort to novices In beekeeping, that the poison of a bee will produce leas and less effect upon thplr systems. 'Old beekeepers,' It Is said, 'like Iflthrldatea, appear almoat to thrive on the polaon itself.' Hulsh speaks of 'seeing the bald head of Bonner, a celebrated prac tical apiarist, covered with stings, which seemed to produce upon htm no unpleasant effect.' Rev. Mr. Klelne advises begin ners to allow themselves to be stung fre quently, assuring them .hat 'In two sea aons their systems will become accustomed to the poison.' "In conclusion, let me stats that I firmly believe that the beekeeper become Inoe ulatd 'with the poison of the bee, and usually becomes proof, or at least Immune, against it. Is no more to be doubted than the fact that vaccination Is a preventive against smallpox." Indianapolis Journal. DIPLOMATS AT FAIR (Continued from First Page.) by the Orinoco river, the life of Robinson Crusoe. Unknown to Europe, far from any neighbor, by the shade of the pathless forest, they tried their best; they died, many of them obscurely, leaving no name to be engraved on the bronze tablet of history, but leaving better than a mere name, families, many of which still subsist; better than families, examples of earnest ness and endurance, creating a tradition which will never die out. "Rlen ne ae perd." Slavery Evil Foreseen. V The question of labor was one of promi nent difficulty and importance. Should it be the hired labor of freemen or the com pulsory labor of tho Imported negro? On this, one of thoae early French explorers, Charlevoix, summed up his opinion in the following memorable sentence: "Hired serv ants should be preferred. When tho time of their service in expired they become In habitants and Increase the number of the klna-'a nfltlirnl nh1nta w hpr.n ths atflVM ) are always strangers. And who can be as sured that by continually Increasing In our colonies they will not one day become formidable enemies? Can we depend upon slaves who are only attached to us by fear and for whom the very land where they are born has not the dear name of mother country ?" Years went on. the tlark shadows and splendid rays of light with which French history is Interwoven shone and vanished In their grand and awful alternance. One day the French flag was lowered in Louisi ana; tnat waa at the close of the seven years' war. Another day the same flag was seen on tne mast or a small vessel leaving the harbor at Bordeaux, and, sailing for America, the ship happened to bear the auspicious name of ."La Vlctolrs," and it bore jjarayette. Then It waa the alliance of 1778. and the comlne. on the lama vnr. of the first envoy accredited by any nation to tnis country, my predecessor, Gerard de Kay no val then the peace of 178S, when, with the assent of the whole world, to tha Joy. of . every French heart, thirteen stars snone on tne American nag. KTance followed Its destinies. In 1800 Louisiana was French again; three years later, on the spontaneous proposal of the rrwiuo repuonc not New Orleans alone, not a mere strip of land, but the whole country became forever American. ine treaty signed one hundred years and a day ago had few precedents in history; it dealt with territories larger than the empire of Alexander: It followed no war; it was preceded by no shedding of humsn blood, the new possessors got a hundred times more than they even thought of demanding and the negotiations were so simple, the good faith and mutual friendship so obvious, that all was conciuaea in a lortnignt. 'me simplest protocol on postal or sanltars questions takes nowadays more time. -. Each party found Ita Interest In tha tra.nsnHrm hm something more than interest led the affair to a speedy conclusion, and that was the deep-rooted -sympathy of the .French and American nauons. Friendship Prompts Treaty. Money waa paid, It is true, but had this been the main consideration Louisiana would have been preserved, for the money was not, by far the equivalent of the buildings and lands belonging to the state. Part of the money was employed In satis fying American claims. An impending war In Europe', the possi bilities of an occupation of Louisiana by a foreign power, was not either the main motive. In the council held at the Tuiler les on Faster day, 1S03, the faithful friend of the First Consul, the future marshal and prince of Wag ram, Berthler, whose first war had been the war of American Inde- fendence, said as to this: 'If Louisiana Is aken away from us by our rivals, what does It matter? Other possessions would soon be in our hands, and by means of an exchange we should quickly obtain a resti tution.' He concluded: "No navy without colonies, no colonies without a navy." Add again that the value of Louisiana was much better understood than it had been before. "I know the worth of what I give up," said Bonaparte and the French government knew It indeed. They acted with open eyes, for they had taken care, from the year of 1800, to gather all available Information. The main motive power, without which all the others would have been of no avail was Indeed mutual sympathy. When the ST r .Wlu! eigne the three negotiators. Barbe-Marbols, Monroe and Livingston, who had known each other in America at the time of the war of independence, rose, and what is rare on such occasions, one of them was able to express in a single sentence the Intimate feelings of the three e treaties wh'ch we have Just signed," said Livingston, "will cause no tears; they prepare centuries of happiness to innumer able generations of human beings; from thla day the United States take their place among the powers of the flrat rank." I do not think that there is another ex ample In the history of the world of a cession of such vast territories thus ob tained by the representatives of one of the parties to the purchase and with the heart OtherCnnt ' th rDrMntaUv of the Beelng the results, my countrymen have nT' f"d to "Wove the treaty signed ahundred years ago, "au nom du peuple FrancaU." The year 1808 i. the third memorable data in the relations between France and America. In giving the United States, according to the words of your negotiator, their place among the greatest powers in the world. 18m did nothing but rX,ectJwht nad ben gloriously begun in 1778 ana La Spain Folate tha Path. Following the "Hallelujah Chorus" from the Messiah, which was given by the band, Benor Don Emello de OJedo of the Spanish embassy delivered an address, In part as ioiiows: I feel I could not raU . ik. ,..... glories of Spain a loftier monument than has been . ralsel by Washlngtou Irving. rrescott. Lowell and Ticknor. which have maun oi anaoisa iraaiuon a laminar patri mony of this nation. If ever the engrossing conaciousnees of your wonaerrui actual uroaueiitr. tne In leimiiv oi your lire, maue one of your ireuuoui omens lorget wnat your present owes to our past, let hlra ascend the atepa of your national canltol and pause before Ita majestic gates and there he will behold carved In bronze, the effigies and the names oi tnese c-nanisn heroes, who discovered. conauerrd and uulntcd to you the way into me sain you nave so steadily followed. The exercises were closed by a benedic tlon pronounced by Rev. Samuel J. Nlccolls I a . . ... " h dlt'n1gu,'hed ue,t' ,e" tn 1 btt" "'ul of 100 u" fi.red' ine evening waa devoted to a second pyrotechnic display. SCENT STOCK YARDS BOODLE Hlssoarl (.rand Jurors Probe More Alleged Crooked Work of Leglslatnre. JIFFERSON CITY, Mo.. Msy 1. The grand Jury today began an Investigation of alleged attempts to bold up- stockyards people di.rlcg the sesilon In connection with bills effecting their interests. Colonel C F. Mcrse, president of ths Kausaa City Stock Yards company, was before the body for over an hour. Loaar Term for Hootlraaer. SIOUX FALLS, S. D.. May 1. (Special Telegram.) Harry Ghall of Pierre, who was convictod by a Jury during the recent term of l olled States court of the charge of selling liquor to Indians belonging on the Cheyenne River reservsttoo, was today sentenced by Judge Carland to a term of eighteen months in tha Sioux Falls pent leutiary, la addition to a fine of f 100. STREAM SAVES FROM FIRE Penniylvanians Take Sudden Bath When Biasing Forest Surrounds Them. SNOW PUTS ADIRONDACK'S BLAZE OUT Week's Conflagration Is Cheeked ay gadaen Revival ef Winter la Northern Montalas of New York State. PUNXSUTAWNEY, Ta., May 1. The forest fires which have been raging through out the greater part of McCalmont town ship and adjoining townships to the north and east were not under control until today. The loss of property will amount to thou sands of dollars. On Sandy several houses and barns were burned and many families' narrowly escaped with their lives. George Shlfly lost every building on his place to gether with all his livestock. So rapidly were the Shlfly family sur rounded that they were compelled to take refuge In the stream, throning water over each other to allay the heat. Snow Slays Adirondack Blase. PLATTSMOUTH, N. Y., May 1. A heavy snow storm set In over the Adirondack to day, practically checking the fierce forest fires that have spread rapidly In the last week. The temperature has dropped about 60 degrees, Meager, reports Indicate that the Loon J lake house and the White Face Inn are safe, though possibly damaged by smoke CITY MAY OWN STREET CARS Illinois House Passes Traction BUI by Sweeping; Ma jority. SPRINGFIELD. May 1. The Mueller Traction bill, authorizing municipal owner ship of street railways, passed the house today by 87 to 19. On motion of Mr. Llndley the bouse bill on tho question of municipal ownerablp, commonly known as the Llndley bill, was postponed until Monday. INSURANCE CROOK GUILTY Leader ol New York Gang Convicted ol Palming; Off Bugni Bodies. NEW YORK, May 1. Joseph Trepanl waa today found guilty of leading a conspiracy to defraud a number of life Insurance com panies by foisting bogus deaths upon the companies. SUPREME COURT SYLLABI 12198. Johnson against Winston. Error from Fillmore. Reversed. Lobingler, C. Division No. 1. 1. An offer of proof In aupport of a pre liminary question need not be confined to the same limits as the answer, but may ex tend farther In medias res provided both relate to the same subject matter. 2. In an action for malpractice in am putating part of plaintiff's hand and re moving the metacarpal bone it is proper to ask a professional witness for plaintiff, as a preliminary question, whether there Is any method of curs without removing the bone. 8. In such action a surgeon of thirty-five years' experience who has Inspected the amputated bone may be asked to examine plaintiff's hand and state what ligaments would need to be severed in the operation without a preliminary showing that the question can be answered from 'such In spection. . ' - . 4. a cnarge in eucn aa iguoq mat de fendants are not liable for the conse quences of the operation If they acted "In a careful and skilful manner under the be lief that it was proper," is too broad; the belief must have been one acquired In the exercise of due professional cure and skill. 12311. State Bank of Ceresoo against Belk. Appeal from Lancaster. Affirmed. Duffle, inviHion xo. j. l. There are two classes of creditors' bills. one to reach tha equitable assets or prop erty of the debtor, on which an execution at law cannot be levjed; the other In aid of an execution at law, as to set aside an In cumbrance or a transfer of property made to defraud creditors. In the first class of cases the creditor must allege and show that he hss exhausted nis remeay at law, while in the second it is sufficient to show that his claim has been reduced to Judg ment and docketed in the county where the land lies which he seeks to subject to the navment of his claim. The equity court in such case Is merely lending its assistance to tha lpirai tnDunai to remove a irauauient obstruction Interposed to the execution of Its writ. . 11498. Becker against Breen. error irom rtouelaa. Reversed. Holcomb. J. 1. A. written offer to allow judgment to be taken against a aerenaani ror a sura nonlfliul mailn under the Drovlsions of sec tion 666 of the civil code, t be available for tha purpose of the renditions of a Judg ment on such offer of compromise, must be accepted and notice tnereor given to tne party making the offer within five days from the time of making the same. 2. Held, in the case at bar, the trial tmirt rrd In overrullna a motion to va cate a Judgment rendered on an offer to compromise maae in pursuance ui mo pm vlslons of said section, it being disclosed by the record that there was no accept ance of such offer and no notice of accept ance given within the time and manner re quired by statute. HV1 MccormiCK Harvester jnnmuiciur. lng Company against Btlrea. Krror from Platte. Reversed, with Instructions. Kirk- natrtrlr C. TM vision No. 1. - . , jm . , , . , i AVt 1. under tne provisions 01 pptuun w, seq., of the Code or Civil rroceaure, a county court haa no power, after term, to vacate Its own Judgment on the ground that the same Is void for want of Jurisdic tion over the person of the defendant. I. The reply or piaintin examuisu ana held nof to state a defense to the answer of defendant ... a. Evidence examined ana neia insura rUnt tn Mimtaln I htfl lllriffment. 4. An action for money naa ana n-ceivea 111 II. whsre the defendant has obtained possession of money which In equity and good conscience he ought to refund. lltHO. Williams against jiiiits. nyvt from Richardson. Affirmed. Found, c. nivlxlnn Nd 2. 1. Where a will is shown to have been made and left in the custody of tne testa tor it it cannot be found after nis aeatn, thai nrraumotlon la that the testator de stroyed It anlmo revocandl. 9 Hut this is a nresumotion oi laci quit It mav ba overcome bv evidence, circum stantial or otherwise, to the contrary, and declarations of the testator may be shown for thltt ntirnoMA. 3 ir tha ifsiutor nestrova a lUMmiueni will revoking a former one bv Implication, such act of. Itself will not operate to revive the former will. 4 YVhfther the former will Is revived In such a case depenls u;on the Intention of the testator, which l to be deduced from all the circumstances. K Th. t.rm "common law or cnsiano. n. uafri In rhaoter ivi. Compiled Statute. refers to that general system of law which urevai Is In England and in most or ins i'nii,i Miuto. liv derivation from England. a rilnttnu ulahed from the Roman or civil law system. Hence, trie statute aoee not re,,nlra adherence to the decisions of the English common Taw court prior to the revolution In case tins court considers bud seauent decisions, either in England or America, better expositions of the genera principles of that system, a A subseuuent will which has the ef f-. i tt revnkinv a orior will may be shown for the purpose of defeating probate of such prior will, although by reason of Its loss or destruction the exact dispositions made therein cannot be shown and are in capable or execution. The revocation will be effectual even though In other respects the will cannot be carried out. 7. Although the contents of a lost will ounrwit . uroved Hulelv bv ths declara tions of ths testator, such declarations are admissible to prove ine existence or tne mill. a. Persons who would take aa heirs or neit of kin in case of Intestacy are no disqualified under section Sis. Code Civil I rooedure, from testifying as to transac tions and conversations with the dot-eased In a contest over an alleged will. In re McCoy's will, Neb., followed. 9. In such cases evidence as to declara tions of the testator should be scrutinized carefully and weighed cautiously. 10. If tbe Instrument is In fact signed, at tested and sutiSt'iibed as required by the statute, a formal attestation clause is not necessary. 11. Hence the subscribing witnesses to a lost will may teanify that the testator signed and they witnessed and subcrild tu Uie xsuulred manner without proving that there wn en attestation clause nor sstabllahlng the contents thereof. 12. A subsequent will may have the ef feet of revoking a prior will either by rea son of an express clause of revocation or of an Inconsistent disposition of the testa tor's property. 11 Unless the subsequent will expressly revokes the former on, Jurh former will Is only rtvoked so fnr as It la Inconsistent with the latter; a complete revocation wilt not result unless the general tenor of the later will shows clearly that the testator so intended or the two Instruments are so plainly Inconsistent as to be Incapable of standing together. 14. Courts do not favor revocation by im plication, and Incline to such a construc tion ss will give effect to both instruments. 15. The fact that a subsequent will was made 1s not sufficient of Itself, and with out some proof of Its actual contents to show revocation of a former will. 14. Parol evidence to show that a former will was revoked by Implication by reason of a subsequent will, which cannot be found, must be clear, unequivocal and con vincing. Vi'Si. Herman against Peck. Error from Saline. Affirmed. Albert, C. Division No. . 1. Error will He from an order of the county court, allowing a claim against the estate of t. decedent, although no answer or objections were filed against the claim, and the order was made In the absence of the administrator. 2. Error from such sale may be prose cuted by the administrator alone. 8. Where error affirmatively appears on the face of the record proper a bill of ex ceptions Is unnecessary to obtain a review of such errors. 12634. Hajsek agftinst Chicago, Burling ton tt Qulncy RHllway Company. Error from Valley. Reversed. Ames, C. Divi sion No. 3. 1. Except with respect to thr relation of partnership or of principal and agent or of master and servant or the like, the doctrine of Imputed negligence Is not In vogue In this state. 2. Unless the Inference of negligence from the conduct of a party Is so direct and immediate aa to be within the common and universal experience of mankind the court may not Instruct the Jury that he was neg ligent as a matter of law. 12637. Greek against McDanlel. Error from Douglas. Judgment. Albert. C. Divi sion No, S. 1. On the facts stated, held that an at torney's claim for services was barred by the statute of limitations. 2. An attornev-al-law. having a lien on a Judgment may Intervene In proceedings to revive such Judgment, and Is entitled to a revivor thereof In his own name to the ex tent of his Hen. 8. That the court. In such proceedings. renders a Judgment In favor of the attorney and against the Judgment debtor for the amount of the Hen. instead of entering an order of revivor In the name of the attor ney to that extent, la without Dreiudlce to the judgment debtor. 4. The commencement of nroceedlnea. of which the ludament debtor has notice, to enforce such Hen, while a sufficient amount of the Judgment remains unpaid to cover It, is sumcient notice or tne lien to tne judg ment debtor. 12549. Omaha Street Railway Company against Boeson. Error from Douglas. Re versed. Barnes, C. Division No. 5. 1. A Judgment will not be reversed on ac count of the number of instructions given to the Jury by the trial court, unless It clearly appears that the party complain ing Is prejudiced thereby. i. i ne giving ot an instruction whlcn places the burden of proof to establish some of the facts put !n Issue by the plead ings on the wrong party, la reversible error. 3. it la error to give the jury Instructions which contain inconsistent and conflicting paragraphs relating to the burden of proof. 12711. Montneller Bavlnas Bank and Trust Company against Follett. Appeal from Adams. Affirmed. Hastings, C. Divi sion No. 1. L To entitle a mortgagee, who has taken a Judgment to foreclose. It is only neces sary that the Judgment and a return of execution as required by section sT.l be set out. It Is not necessary In the petition to state the non-existence of other proceed ings to enforce the Judgment. 2. Where a judgment haa been traiv scripted to another county, Issuance and return of execution, there will be a suf ficient compliance with the requirements of section 851 of the code, unless It affirma tively appears that the defendant did not reside there I. An oral agreement between the nwner of the fee and a mortgagee ot real estate that the latter shall accept a deed from the former of the property in full satisfaction of the indebtedness secured by the mort gage, Is within the statute of frauds and In the abrence of facts to take it out of the statute is not enforcible. 13715. Rllff against Rllbe. Error from Cedar. Reversed. Amea, C. Division No. 8. 1. The objection that a contract sued upon Is void under the statute of frauds because not in writing may be availed ot by a general denial in the answer. l. in an action to recover ror personal services under a contract void because not in writing and not to be performed within one year, it u error to instruct the Jury that the wage agreed unon bv the void contract may be regarded aa establishing the rate of tne plaintiff, s compensation. 12710. Omaha Bridge and Terminal Rail way Company against Whitney. Krror from Douglas. Judgment. Hastings, C. Division No. 1. 1. where a railway company having no estate In land places on It, with the knowl edge and consent of thd owner, an em bankment, rlprappmg, ties and rails and maintains and uses such track for Its own purposes without objection from the owner. such track remains the property of the rail way company In tne absence or any agree ment to the contrary and of anv intention on its part to make such track appurtenant to tne real estate. Z. Under such circumstances an agree ment by the licensor that the track shall remain the property of the railway com pany Is Implied. Fleecher v. Johnson, 1U, XL, 181; 7 N. W. Rep., 658. I. "Where the railway company . before constructing Its track has settled a dis pute as to the boundaries with the owner of the tana, oy tne terms oi wnicn settle ment deeds are to be made by each party to the other of their respective holdings, the fact that such deed is not made until after the construction of the track, and by its terms conveys tne iana "ana all ap purtenances thereto belonging," will not prevent the railway company or Its gran tees from showing, as against the owner and his grantees with notice, the true state of the title, when the track waa built, nor will such deed carry the ownership of the tracks, they not being expressly mentioned and not being legally appurtenant to the owners estate. 4. In condemnation proceedings by the grantee railway company to obtain a right-of-way over the land the value of the track should not be added to the owner's damages for the taking of the land, the railway company having remained con tinuously In possession since the first Con struction of the track by Itself and its grantor. 12740. First National Bank of Columbus against State ex rel O'Brien. Error from liatte. Affirmed. Pound, C. Division No. 1. An assignment of salary or fees of a pub lic officer to be earned In tbe future Is con trary to public policy and void. 12749. Diedrichs against Dledrlchs. Error from Lincoln. Affirmed. Duffle, C. Divi sion No. L , 1. In an action brought by the wife for a divorce on the ground or cruelty a de murrer to the petition on the ground that it shows condonation of the offense charged will not be sustained unless the statements of the petition plainly show acts and con duct on the part of the wife amounting to condonation. Generally the question of condonation In auch casea should be tried on the evidence as an issue or tact, Z. A supplemental petition was filed by the plslntlff and a copy thereof served on the attorney for the defendant some months prior to the trial of the case. The stinolemental petition was stricken from the flies for the reason that no notice thereof was given the defendant and (he same was filed witnout leave or court, im mediately thereafter the plaintiff was given leavs tn file her supplemental petition. Held, that this did not constitute reversible error . The plaintiff gave notlve to the attor ney ftt the defendant of the taking of depo sitions In the state of Ohio. The defendant kt the time was confined in a Jail In Ohio and his attorney immediately on receipt of the notice sent the same to him through the mail. The notice never reached him and he was unrepresented at the taking of tha nlntntiff's depositions and her wit ntsses were not cross-examined In his In terest. These depositions were taken three months or more before th trial of the case and no effort was made to secure a cross examination of the witnesses prior to the trial. Held, that the court properly refused to suppress the depositions. t. Where the affidavlta In support of motion for a continuance do not set out the tacts and circumstances to which an ao Hiit wltnnse will testify, and especially where It la not shown that there are no other available witnesses by whom the facts known to the absent witness can ne proved a continuance or tne case snouia ue denied la the Stilly Klaht. "What la It?" the drugglut sleepily In auired from bis bedroom window. "This lsh drug store, ain't It?" said the man who had rung the night bell. "Yes. What do you want?" "Want to look In your city directory minuie an" shee where I live." Philadel phia Ledger. Inflammation A Prominent Citizen of New Orleans Who Suffered for Years with Inflammation of the Blad der Was Entirely Cured by Warner's Safe Cure The Only Absolute Cure for All Diseases of the Kidney, Liver, Bladder and Blood. "It affords tne tbe greatest pleasure to testify to the merits of Warner'a Bate Cure, aa I consider It waa the sole means of reetorlng me. to health. I suffered for nearly three years wit,h Inflammation of the bladder, causing me severe pains, also the most terrible headaches, end at tlmea I was unable to attend to my regular duties. I doctored without receiving any benefit. A club friend advised me to try Warner'a Safe Cure. It seemed as it there was not a aound . organ In my body when I began using it, but I gradually improved and felt much encour aged. It took seven months to fully re store me to health, but during that time I used no medicine but Safe Cure, and there fore know that I owe my recovery and good health of today entirely to It. "MICHEL. BLANDTPOS. "Secretary 'The Marlowe Club.' " 1027 Maraia St., New Orleans, La. "SAFE CURE" CURES KIDNEY DISEASE. If you have pains In the back, rheumatism, urle acid poison, rheumntlc gout, dia betes, Brlght's dlsesse, inflammation of the bladder and urinary organs; scalding pains when you urinate, ecxema, Jauncloe, swellings or torpid liver; If a woman, bearing down sensation, fainting spells, so-called temale weakness, painful perlrds, your kidneys have been diseased for a long time. You should lose no time Ket a ooc bottle of Mafe Cure at your druggist' s. It will relieve you at once and effect a permanent cure. It kills all disease germs Doctors prescribe and hospitals use "8afe Cure" exclusively In all casea of kidney or blunder trouble TKST lOlH KlDKlft. Let rome morning urine stand for twenty-four hours in a glass or bottlo. If then It Is milky or cloudy or contains a reddish, brick-dust sediment, or If particles or germs float a bout In It. your kidneys are diseased. Warner's Safe Cure Is purely vegetable and contains no harmful drugs. It Is rree from sediment and plessant to take. It Is a most valuable and effective tonlj, a stimulant to digestion and awakens th e torpid liver.- it repairs the tissues, soothes Inflammation and Irrltntlon, stimulates the enfeebled organs and heals at the same time. It builds up the body, gives it strength, and restores energy. You can buy Safe Cure at any drug store, or d Irect. 60 CKNTS AND Jl A BOTTLE. Be sure you get "Warner's Safe Cure " take no other. Write to Warner's Safe Cure Co., Rochester, N. Y., for free medical book. Beware of so-called kidney cures which are full of sediment and of bad odor they are positively harmful and do not cure. WARNER'S SAFE PILLS move the bowels gently and aid a speedy cure. DEAD IN A POOL OF BLOOD Man Found with Skull Crushed in Vestibule of Flat Howe. BROTHER OF FORMER POLICE JUSTICE Officers Think that He Was Followed Home ay Rough Characters and Then Mardered and Robbed. NEW YORK, May 1. With his skull crushed In and the marks ol a cleaver on his neck and shoulders James Edward Mc Mahon, aged 17, brother of former Police Justice Daniel F. McMahon, was found murdered early today In the vestibule of the flat house In West One Hundred and Fifty-third street, where he lived. In pools of blood that were all around the body were the foot prints of one or two men. - The body was found by Matthew Mc Ardle, 14 years old, who lives on the top floor. The boy ran to a patrolman, notify ing him of the murder. McMahon lived with his brotber-ln-law and an unmarried sister. The family gave the police little information which threw any light on the murder. George Mlacbke, who occupies an apartment on the ground floor, said he end his family bad been wakened about I o'clock by bearing a pounding nolss In the hallway. Mischke said he thought there were at least three men in the hallway and the noise made by them was terrific He said he heard the struggle going from one end of the hall to tha other and heard the sounds of oaths Intermingled with blows Incessant! Then he heard the door slam, he says, and hoard men walking away. He was afraid to look Into the hall way, he said. McMahon, It Is learned, left his brother- in-law's apartments at t o'clock.last even ing, ' saying he would return In a short time. The police say that between midnight and 1 o'clock this morning McMahon was In a hotel In Harlem. They think that perhaps he was followed by rough characters and after being murdered was robbed. The police have arrested Donald J. Ken nedy, 24 years of age, on tbe charge ot murdering McMahon. Kennedy - told the police he had been drinking In a saloon and that after leaving It about 1 In .the morning became involved In a fight with a man whom he declared he did not know. He said he knocked the man down and left hint lying on the sidewalk The place where the fight occurred Is near the house where McMahon s body waa found. HYMENEAL Second Wedding? Is Neeessary. YORK, Neb., May 1. (Special.) James O. Foster" and Miss Nellie M. Ward were married yesterday by County Judge Taylor, who performed the ceremony at their re quest, making the second marriage between the young couple In one week. A few days ago a marriage certificate was Issued to James C. Foster and Miss Nellie M. Ward, who unthinkingly went oueslde York county and were married at Orafton, Fillmore county, using a York county license. Tbe minister who performed the ceremony told them that the York county license was suffi cient and legal In Fillmore county. On learning their error they at once came to York and that Is the reason why they were married yesterday by County Judge Taylor. Stalaa-Whtttea. BEATRICE. Neb., May i (Special.) George Stains and Mrs. Sarah C. Wbltten, both of thla city, were married yesterday afternoon at 4 o'clock by County Judge Bourne. The newly married couple recently located In this city. FIRE RECORD. Flra at Wast Falat, Virginia. RICHMOND. Vs., May 1. Over two blocks of buildings in West Point, Va., the York river terminus of the Southern rail way, are In ashes as the result of a Ore of unknown origin, which started early today. Among the buildings burned are the eipress office, the postoffice, the Pem berton bouss and a number of stores. At the time it was fesred that the terminal hotel and Beach park buildings, the sum mer reaort property, would go, but the flames were stayed. The people fought the Are with buckets until the arrival of the Richmond Bremen, when it was gotten under control. Loss, 1125.000. The fire practically wiped out the business section. No lives were lost. Fire In Lamber Dlstrlrt. PORTLAND, Ore., May 1. Fire broke out In the lumber district along tha water front In North Portland early today and de stroyed propsrty valued at 210,000, with of the Bladder Insurance of about $60,000. The Western Lumber company, the heaviest loser, operates two mills, ihe smaller ot which was burned. It Is thought the fire originated in the dry kiln of that company. DEATH RECORD. Henry Yates. SPRINGFIELD. 111., May 1. Henry Yates, cuperlntendent of insurance of Illinois and brother of Governor Yates, died cuddenly today at his home in this city. He suffered a stroke of' paralysis, caused by blood clot on the brain. Governor Yates, who wss In St. Louis, was notified. Mrs. Jacob Kopp. Mrs. Jacob Kopp, wife of the well known candy manufacturer, died at the family res Idence, 8461 South Fifteenth street, at 3:35 yesterday afternoon, after an illness of about two weeks. Mrs. Kopp was E3 years of sge. The funeral will be from the resi dence Sunday afternoon, but the hour haa not been announced yet. t'hnrles Shevark. NEBRASKA CITY, Neb., May 1. (Special Telegram.) Charles Shevark of Omaha, a student at the Institute for the Blind, died this morning from typhoid fever. The re mains were sent to Omaha this evening. He Wants n Wife. Charles Thlnert, a fairly well-to-flo Long Island farmer, wants a wife, but imposes certain conditions on candidates for a corner In bis affections. For Instance, the lady muat be a good housekeeper not over 30 years of age. He Is willing to buy his wife two gowns every year, to cost not more than $20 each, with shoes, hats, etc., to correspond. The future Mrs. Thelnert must agree to forego Ulgh-heeled slippers, open-work stockings, cigarettes and poodle dogs, the would-be bridegroom thinking such frivolities are not suited to a farmer's wife. DR. SEARLES So well and favor ably known as ths leading, most reliable end successful SPECIALIST In all DISEASES OF MEN. They have been many years In estab lishlng their repute tlon IN OMAHA for tianset and honorable DEALINGS, and daily receive many let tera thanking them for the CURES per fected and the great good they are doing for men. Tnelr lite work has been de voted, as Specialists. In treating aU dis eases of men. . bE CERTAIN OK A CURE by CON SULTING the UE9T FIRST. DU. SEARLES graduated at two of the beat medical college andls 5nowledged the best EXPEHIENCi. snd SKILLED kPEflALJai i t;'. diseases he treats. DR. PEARLfcS' Consultation and Advice are FREE, In person or by letter, and sacredly confidential In all dlsesses. Written Contracts given In all cursb'e dlseas-a of men or refund money paid. Many cases treated 5.on per month lOKglLTATION FHF.K. THEATMEllT BY M.I II Call or address. Car. 14h Douglas. DR. SEARLES & SEARLES Men Suffering from Iom of nrrvoin force often owe thcirconditicn to youtlit.il ignorance that feu rf ill enemy to health. It Is the business of M-iencc to repair the dunniRe caused by the tucugbtlcss prsclice4 of yonlh. Nervous Debility never gets well of itself. Its victims drag through a miserable existence, weak, listless, despondent literally feed the hnngry nerves, giving them tne preriie i u g r e il i e n I de manded by nature. This wonderful remedy cures Nervous Kebi'.iiy, stops sll drains, replaces wasted tismes, sends rich, warm life blood tingling through every part, making eveiy or gan act and causing you tu glow with health. 11 00 per bow: t boxes (with guaran tee to cure), f.i.00. Book free. hi For sale by Knha Co.. Omaha. J 1 1 1 14 yiu Dl. -- w, i am Ltavu Lrug ce iwunuil UiufU. ia. MEN tND WOMEN. V Bif U fur anastaral drliarsa,lnflaniBislloa, irmtluas or ulcerations tf mscoss siuibrana. n i im r i i u i . ... " - . - ilttlCNtgifl Co. f r boiujuous. Cl.a. i 1 or ssst lo slsis vrsir, Wj'U (i oo , riM.itina : S U t irtiuUr scot os txiaast. WOMEN! BXMALK BgANS ureal aintuiiiy r-iiu-lalur ; al inust. Iiett, eftt Maintain fcrif.iL Ta.. V. rciuroifl. nol a ii.b'u- lauure; luugeit. nivt ,-..a.-a -.el.e.eil 111 a lew iui: Si-UU at SUeruaa s MoCoBseU Drug Cos. Oman. roSTOFFUK NOTItK. (flhouM be tad DAILY by all Interested, s changes nmy occur at any lime ) Foreign malls for the week ending My 1. 1!3 will close irRtiMITbY 111 all ccs) at the general ,ostnllle as tollow:gi ar tels post mall close one hour earlier mil closing urn" snown peiow. s-arocia i.'i malls for Germany close at I p. in. Holi day. Tlr.i it. mwA imn!.mnl.rv mail, flnl, l( foreign station half-hour Inter than closing lime shown hclow (except that eupplemen- tru .. , 1 fn- L'nrnna Q ,l 1 t 11 1 T. 1 A , .1 If. lea, via Colon, close one hour later at for eign station1. Transatlantic Stalls. . SATl'KDA Y At 9 a. m. for KCROFK. , r s. s. Campania via jueenstown ; s"J a. in. lor HI-.1.UH M direct, per s. s. .J.r la ml tniaii must be olretled per 1. s, Vadtriaml"); t i a. m. for ITALY di rect, per s. s. Weimar tmall must be di rected "per s. s. Welnlar at .) a. m. lor bCOl'LANU direct, per s. s. Colum bia una II must be directed "per s. s. Co lumbia J. PRINTED MATT KM, ETC. This steamer takes prinifu matter, commercial paper ami eunipies lor Ucrmuiiy only. Tne same cu of mail mstier for oilier part ot Kuro.e will not be sent by thla ship unless specially directed by hir. Alter the closing of the supplementary transatlantic malia named auove, addi tional supplementary malls are openeu on the piers of the American. Kngllsli, 4'rencn and Utrman stcaimrs. unu remain open until within ten minutes of the hour of sail ing ol steamer. Malls for South aud Central America, West Indies, Ktc. SATURDAY At R .10 a. m. (supplementary S;30 a. m ) for l'OHTO HICO, CCKACAO and VKNKZl'KLA, per s. s. Caracas (mall for r-uvanUla and Cartagena must be directed "per a. s. Caracas '); at :30 a. m. (supplementary 10:30 a. m.) for FOltTl'NJi ISLAM), JAMAICA, 8AV AN1LLA and CAKTAUKNA, per a. s. Altai (mall for Costa Klca must be di rected "per s. s. Altai"); at 9:So a. m. (supplementary 10:3i a. m.) for HAITI and SANTA MAHTA per s. s. Athos; at 10 a. m. for CI' HA. per s. s. Alorro Castle, via Havana; at 10 a. m. for GRENADA find TRINIDAD, per a. s. Maracna, at 12:311 p. in. for LL1IA, per s. a. Olinda, via Havana. Malls Forwsrdrit ovvilnntl. inc., !:. eept Tranaparlflc. CUBA By rail to "ort Tampa, Fla., and thence by steamer, closes at this ollice dally, except Thursday, at j::t0 a. m. (t.'n connecting malls close here on Mondas, Wednesdays snd Saturdays). MEXICO CITY Ovenand. unless specially addressed for despatch by steamer, closer at thla office dully, except Sunday, at 1:4 1 p. m. and 11:30 p. tn. Uundayj at l.tM p. m and 11:& p. m. NEWFOUNDLAND By rail to North Syd ney, ana tnence uy steamer, cioms at tin office dally at 6:3up. m (connecting rfiau close here every Monday, Wednesdaf ui Saturday). JAMAICA By rail to Boston and ItlVnce atvr;J hv aipnmer. closes at this ollice n m. every Tuesday and Thursday. MlQUELON Uy rail to Boston, and thenoe by steamer, closes at this ollice dally at BELiEe'"' PUERTO CORTEZ AND GUATEMALA By rail to New Orleans, and thence ly steamer, closes at tills office dally, except Sunday, fat 1 :3u p. m. and ll:M p. m., Sundays at Ji:tu p. in. nnd U:30 p. m. (eonnto'lng mall closes here Mondays at 11:3 p. m.). COSTA K1CA By rail u New Orleans, and thence by steamer, closes at thla oYice dsilv, except Sunday, at Jl:10 p. m. land Sll;3o p. m., Sjndays at il:U0 p. tn. Ii 11:30 p. m. (connecting mail closes II ere uesdays at 111:30 p. m.i ) Registered mall closes at 1:00 p. m. pre vious day. Transpacific HI a I Is. PHILIPPINE ISLANDS, via San Fran Cisco, close here dully at 6:30 p. m. up to April JMth. Inclusive, for despatch per U. 8. Transport. CHINA and JAPAN, via Seattle, close hers dally at 6:30 p. m. up to April f2Hth, In clusive, tor desputch per s. s. Bhinano Maru. HAWAII, via San Francisco, close hers dally at 6:30 p. m. up to April J27th, In clusive, for despatch per s. s. Alameda. CHINA and JAPAN, via Vancouver and Victoria, xs. ciose iit unity at p.m.- up to April l-Xth, Imiuelve, for des patch per s. s. Empresi of t hlna. Mer- . cliandlse fur U. B. l'ostal Agency at vui KhanK.hul cannot bt forwarded i.hnuuii HAWAII, CHINA, JAPAN, FHILL1PPINE 18LANDS. via Han Francisco, close hera dully at 6:30 p. m. up to May 3il, in-, elusive, for despatch per s. s. Doric. NEW ZEALAND, AUSTUALlA "except West), NEW CLKD(JNIA fIJi, SAMOA and HAWAII, via San Francisco, close here dally at b:M p. in. after April &th and up to May t'.uh, tnclurhe, lor despatch per s. s bunoma. (If ill," l unard steamer earning the llritich mall tor New Zealand does not arrive In time to connect, with tbia despatrh. extra malls closing at 6:30 a. m., .3o a. m. and 6 3) p m. ; Sundays at 4:31 a. m., 9 a. ni. ani i.SO p. m. will be mada up and forward I until the arrival of the (.uiiard steamer. I HAWAII. JAPAN,, CHINA nn.l PHILIP PINE INLANDS, via Snn Francisco, clo? here dally at 6:30 p. m. up to May l::, inclusive, for despatch per s. s. Nippon Maru. CHINA and JAPAN, via Tarotna, close here dally at 6:30 p. m. up to May 13. In IncluMve. lor despatch ptr s. a. ulympla. AUSTRALIA (except West). FIJI ISLANDS and NEW CALEDONIA, va Vancouver and Vlciora. U. C, close hern dally at 6:30 p. m. after May 3th and up to May J23, Inclusive, for despatch per s. s. Aorangl. . A TAHITI aid MARQUESAS 1ST. A If DP via San Francisco, tiise hfie dally m ,131 p. m. up to May Wnh, inclusive, fr de spatch per a. a. Mariposa. Note Uiilesa otherwise addressed; West Australia Is forw-irde I via Eiirope, and New Zealand and Phillpp'ne via Ban Fran clnco llie quickie, route.'. I'hll pplnes spe cially addressed "via Caiiaua" or Ivia Europe" must be fnl.y prepaid at the for eign rates, lluwail U ..orwardud via fcan Francisco exclusively. Transpacific; malls are forwarded tn port of sailing dally and llio schedule of closing ir arranged oil Hie pp sumption of thatf unlnterrupted overlnni trnni'.t. Reg-atafM mall closes at U:iu, i in. irav ous day. CORNELIUS VAN VOltt, PoStQM 'IT. rostofflce. New York. N. Y., jTAI 24, 1108 NOTICE TO BIDDERS. The Board of Public Lands and Buildings will receive sealed uuls at the office of the secretary of state at the capltol. In Lincoln, up to 12 o'clock noon on I ho 12th day of May, 103, for the construction and putting In place of Utf steel cells, together with gnu mcs, lorrnlors, etc., in the state pcnl tentlury at IJmoln according to the pluna bud rperlhratiuiiB thertlor as prepared by It. W. Grant, nrcliliect, and now on file In the ollice ot commissioner of public lands and buildings. Each bid must be accompanied by a certi fied ihecK, payable to George W. Marsh, secretary of Btate, In a sum equal to & per cent of the total amount bid upon. The check of the successful bidder will be for feited o the state should such bidder fall within ten days after the awarding of audi contruct, and give a good and sufficient bond for the faithful performance of such contract in some surety or guarantee com pany, autnoiized to do business In Ne braska, to be approved by the Board of Public I.unda and Buildings. Bald Board of Public l-ari1s and Buildings reserves the right to contract with the successful bidder for iwrvenly-clghl additional cells, built ac cording to the same plans und specifica tions above mentioned, at the same pro rate price per cell aa shall be contracted to be paid for the 156 cells. Bald board reserves the right to reject any und all bk's. GEORGE W. MARSH, Secretary of State. Dated Lincoln. Nebraska, April 27, UwJ. A2Kdl0t-M NOTICE TO BIDDERS. The Board of Public Lands and Buildings will receive bids on furniture and fixtures for the penitentiary as per estimate on file tn the office of the commissioner of public lands and buildings. Bids will be received up until noon, 13 o'clock, on the 12th day of May 1903. Bidders to submit samples of estimates bid upon. The Hoard of Publlo Lands and Buildings reserves the right to reject any and all bids. GIJORGK W. MARflli. Secretary of Hoard. Aadllrt M T ftOVERSMEKT ROTICKI. OFFICE OF THE CONSTRUCTING Quartermaster, (til Dooly Building, Salt Lake City, Utah, April 15th, liu3. Sealed proposals, in triplicate, will be received here until 11:00 a. in., standard time, May 4th, and then opened for the plumbing, heating, gaa piping and electric wiring of two double cavalry barracks to ba erectel at r'ort Douglas. Utah. Information anl blank forma of proposals furnished rn ap plication to this office. Plans and splVcfica Hons may be seen here. United SiaV" re serves the right to accept or reject ov. or gil proposals, or any part thereof. En velope containing proposals t be marked, "Hroposaui for publlo bu.ldlngs," and a 1 gre.a.d lu CAPTAIN SAMUEL. V. HAM. uuarlerroactcr.