10
Tlin OMAHA DAILY HEE: SATURDAY, CKTrOREH 3. 1903.
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PASSING OF MALE TEACHERS
Steadily Decrease in Number in tbe Rural
Ectoo.i in Nebraika.
MEANTIME SALARIES HAVE INCREASED
Rapid Increase la High School Gradu
ate Coat the I'ablle School
la Greater New York Kda-r-atioaal
Note.
The county schoolmaster la fast passing
away, sya the Iilncoln Star, and In hla
atead la appearing;, more and more each
year, the country school ma'am. Super
intendent Fowler has Seen Investigating
the matter and finds that the percentage
of male school teachers In the state has
, decreased from 12 per cent lit 1871 to 19 per
cent In 1902. The decrease for 1903 ulll make
tho percentage for the year about 17. The
percentage has been falling since 1871 at the
rate of 1 per cent per year and In a few
years the schoolmaster will be a historical
memory only, as far as the country schools
Is concerned. The annual report from
thirty counties In the state, for 1903, show
that DCS male teachers are employed, there
were 661 In 1902. The number of women
teachers In these counties In 1903 were
2,650, In 1903 there are 2,600. The per
centage of women teachers Is most flatter
ing to the so-called sex, as educators.
During the same period salaries have
been on the Increase. In 1871 the average
monthly salary of men and women teachers
were 139.24 and 136.64 respectively.' - In
1890 they were $36.15 and 131.92. In ' 1891
thoy were $47.54 and $38.23 and In 1892 they
were $49.15 and $38.61. The highest average
wages paid men teachers In the several
counties of the state, In 1903, are $52.72 In
Brown county, $51.62 In Clay county, $56.86
In Dakota county, $53.43 In Dixon county,
$67.48 In Dodge county, $03.11 In Madison
county, $56.66 In Otoe county, $51.37 In
Pawnee county, $54.03 In Phelps county,
$53.14 In Saunders county, $59.42 In Seward
county, $50.82 In Stanton county, $02,78 In
Washington county, Dodge county, with
an average of $67.48, heads the list of good
salary-paying counties for male teachers.
Salaries for Women.
The highest average salaries paid women
teachers In any county, outside of the
cities. In 1903 Is $41.86, paid In Dodge county,
$40.48 in Otoe, $40.08 In Saunders. $39.44 In
Thurston, $38.78 In Butler, $38.65 In Stanton,
$38.37 In Washington, $38.13 In Madison.
The remarkable difference between the
salaries paid men and women teachers Is
largely the fault of tho women themselves.
The high schools of the state turn out
about 2,800 new teachers each year. These
young women are entirely unexperienced
and as a result work for almost nothing
the first year or two, to gain experience.
The lowest average paid women teachers
should be about M. This would be paid
were all the women teachers experienced,
but as they are not and will not stand out
for higher salaries aa will the men, they
cannot hope for some time to come to bet
ter their condition. Many experienced
women teachers are drawing from $65 to
$70 per month, but the number of those
who do not la so large that the showing
for statistical . purposes Is spoiled. When
the women teachers awake to the. realiza
tion of the tact that It Is their own fault
that they are drawing poor salaries things
will be better.
Women are the best teachers, and many
a woman teacher working for $33 per
month la more valuable to her school dis
trict than the man teacher In the adjoining
one, drawing $56 per month. A man has
not the patience with the little ones that Is
an absolute requirement of successful
teaching, and the day has passed when a
pugilist is required to preside over the
winter term at the little red school houre.
Women are driving the men from this
field of employment, and are conquering by
kindness, where formerly only brute force
would prevail. -
Educational Notes.
The Chlcsgo Board of Education haa pro
nosed to furnlxh nanteurtsed milk at a
fienny a bottle for the pupils In every pub
lo school as a solution of tho Impure water
problem.
Dr. Frank Russell has reelgned the In
Structorshlp of anthropology at Harvard
university, which he has held since 189?.
Owing to his health, he will live on a
rancn in Arizona.
Dr. Frank Snow of the University of
Kansas and a party of his boys have been
on a bug hunt In the southwestern countlei
of Arlsona. They bring back 15.000 speci
mens 100 of them new to science.
The number of theological students has
been reduced one-third at Princeton; at
Andover It has been reduced from lu) to
fifteen. Formerly a Yale class of 300 would
graduate slaty ministers, but last year it
turned out only four.
For the first time In the nlatory of Ger
man universities a deaf mute has suoceeded
In obtaining a doctor's degree. Dr. Walter
Kuntse. on whom the University of Lei pal a
haa conferred a Ph. D., Is a comparatively
young man. Ills thesis tor the degree Is
regarded as one of the best in recent years.
The schoo) board of London is trying to
educate the people In hjglene. It has de
. elded -to open twenty experimental clashes
and If these succeed more will be organlied
Already eighty head teachers have applied
to have these classes started In their even
That Dear Old Mackerel.
A salt mackerel lay upon a platter be
fore him. It had not been touched. The
departing star boarder grasped It affec
tionately by the tall and stroked (t caress
ingly aa he delivered himself thus:
"Farewell, old friend! Tou have stood
ECONOMICAL
HOUSEKEEPERS
USE
WalterBakers
Cocoa and Chocolate
Because they yield THE
MOST and BEST FOR
THE MONEY
The Finest Cocoa In the World
Gosb less than One Cent a Cup
On Chaw lUttp. B-jak, Mt . m Ml ym
4t'ja tnm mu Cmu a&s CfciKolais.
Walter Daker & Co. Ltd.
DORCHESTER. MASS.
40
HIQNItT AWARDS l
"P aMtaiCA
by me manfully these many years. Bain
or shine, day In, day out, through tornado
and blizzard you have never failed me! A
long, last goodby! I never harmed you.
I always greeted you cheerfully as I took
my seat at this table, and I would have
been lost without your dear presence. Tou
have been a closer friend even than the
pepper and salt. Sometimes they would
wander away from my plate, but you, you,
were always near me. May kind heaven
guard thee! I would give half a lifetime
to take you along with me, but"
Here the landlady burst out crying. Look
ing at her, the star boarder continued:
'My dear Mra. Sowper, care for my old
friend. In remembrance of me, for my
sake, nurse him tenderly. Remember that
he Is now sged and feeble. Ooodby, old
friend; goodby!
With another hearty shake of the mack
erel's tall he shot out of the door and was
gone. New York Press.
A GRADUATE'S BRILLIANT START
Made a Toschdows Selling; Pink Lem
onade and Frankfurter
Sandwiches.
The other day my friend, the Judge, told
me a story of a young man, a college
graduate, who, In his time, has exercised
enough financial Ingenuity to have made a
dozen fortunes,' yet he Is-now the hired
chauffeur of a wealthy New Yorker and
hasn't money enough to keep him a week
if he should lose his Job.
Here la an example of this young man's
quickness to see an opportunity and
shrewdness at taking advantage of It. On
the third day of July, a few years ago, he
found himself flat broke In Boston. Walk
ing along the street, wondering where his
next meal waa coming from he chanced to
see a line of men awaiting their turns to
reach a window where certain official look
ing papers were being passed out. From
one of the men In the line he learned that
these were permits for the selling of various
thing on the common during the exercises
to be held there next day. Bo the young
man took a place in the line and finally
reached the window. lie had no definite
Idea what he was going to do with a
permit, but time waa of no value to him,
and he might as well be there In line as
anywhere else. Besides, he vaguely
thought, the permit might turn out to be
worth something to somebody next day.
"What do you want to aellT" the official
at the window asked.
The young man had not thought of this.
He had supposed the permits were general,
so he had not chosen any specific line of
trade. But he had hla wits with him.
"Same as that last man," he answered
promptly.
"Frankfurters and lemonade?
"Yes, sir."
The permit was Issued to him and he
fell back to meditate on how he could turn
it into money enough to buy a glass of beer
and perhaps get a snack of lunch free. The
thought of beer reminded him of a saloon
keeper whom he knew slightly and hi
might care to buy the permit, especially
since the window waa now closed and no
more privileges were to be granted.
"Why don't you use It yourself?" the
saloon keeper asked.
"I haven't any money."
"Pshaw! Four dollars will buy all the
rolls and frankfurters and citric add you
need. I'll lend you that much."
So, the next day the college graduate
atood behind a table, which he had bor
rowed from the saloon, and bawled the vir
tues of his frankfurter aandwlches and
pink lemonade (a tubful of the latter had
coit him IS cents.)
Presently two boys came up and debated
between themselves how they would spend
the 10 cents they possessed whether they
would buy one sandwich and a glaaa of
lemonade or two sandwiches and let the
lemonade go. .
"I'll tell you what to do,", aald the Im
promptu frankfurter merchant. "You go
and get two more customers and I'll give
you a glaas of lemonade free with the two
sandwlchea you buy."
That was the first link of an endlers cha'n
which the college graduate forged out of
boys that day, for he made the same offer
to every pair of customers who were
brought to him. The result was that when
he had paid the $4 back to the siloon"
keeper that night, he still had more than
$40 in his pocket.
This Is only one of many experiences
which have Indicated that this young man
might be another "Napoleon of finance" if
he well, as the Judge significantly puts It,
'If he had a mind to be." Brooklyn Eagle.
ENMITIES OF GREAT MEN
'Why Salisbury and Disraeli Bitterly
Hated Each Other Long and
Fierce tnrel.
There could not have been two men
more fatally destined to dislike and an
tagonize each other than Lord Salisbury
and Disraeli, and this Is one of the ex
planations of the long and fierce quarrel
which separated them. Disraeli had hla
underlying prlnclplea; the Jewish love of
the grandiose naturally gave him a certain
affection for the gaud of Imperialism and
the glitter of wealth, tltlea and all the
other things that make the pageant of
life. But, outside this domain of thought,
he waa essentially an opportunist; aa they
would say In America, he kept his ear
close to the ground. And, therefore, when
the time came to make concessions to
democracy he did It with a very light
heart, with no sense of self-abasement and
also. It must be added, with a truer knowl
edge of the essentially conservative in
stincts of even the poorest of the English
working classes than his young opponent.
But Lord Robert Cecil, with his impetu
osity, his narrowness, his somewhat acrid
temper, his pride in the traditions of the
Cecils, his Inner leaning to myaticlam and
sacerdotalism In religion and the haughty
contempt of the scholar for the multitude
Lord Robert Cecil regarded all Such con
cessions aa nothing less than treachery
and betrayal.
And hence when Disraeli reduced the
franchise he left the ministry of which
Disraeli waa the leading member and as
sailed the powerful chief of the conserva
tive party In -words of great violence In
speech and probably of even greater vio
lence by his pen. But the conservative
party could not displace Disraeli.
Hb waa at the head of the party, and
there he meant to atlck, and there was
nothing for Lord Salisbury but to submit
or remain forever outside the charmed cir
cle of the rulers of the empire. He did
submit In the end, but there were many
outbreaks of tho old ' feeling before the
final passing away of Disraeli settled the
struggle between the two men forever,
Curiously enough, the quarrel never was
more bitter than Immediately before It
was going to be finally composed. The
struggles in the cabinet of Lord Beacons-
field as Disraeli had become were very
fierce during all the Russo-Turktsh war.
and for a long time Lord Salisbury waa
credited with belonging to the party which
opposed the provocative and Turcophlla
policy of the head of the government.
London society at that moment was re
peating the phrase attributed to Lord Balls
bury: "I no longer hale this man; I
loathe him." A few months afterward
and Lord Salisbury waa foreign secretary
under Disraeli. Chicago Chronicle.
Jeekey Dies ( lalnrles. .
ST. LOUIS. Oct. $.-Jokev William Shea,
who was injured in an accident at Dimar
truck Wedneaday .afternoon, died at the
Missouri Baptist horptial sinltanum early
today. Death resulted from coin uaslon of
the b"ln. He never regained acojeioua.
bees the accident.
DAUNTS OF BOOTLEGGERS
Tricks" of Dii penaeri of Ceffia Varniih
Among Indian in the Southwest.
POOR L0 CAUGHT COMING AND GOING
Cheated While I nder the Infloence
of Dark Brown Dope Knormona
Trolls Realised from the
Illicit Trafllr.
A staff eorreepondent of the St. Louis
OIobe-Democrat who Is looking Into official
crookedness In the Indian Territory, de
votes a chapter to the bootlegger trafflo
among ths Indians. Writing from Bapulpa,
I. T., he says:
"In the mans of charges which are al
ways being forwarded to Washington from
this part of the country, the one that
'bootlegging' Is being carried on appears
the most frequently. 'Bootlegging' is the
term applied to the surreptitious selling of
liquor in the territory, and grows out of
the fact that many of the itinerant ven
ders who sell whisky to whoever wants to
buy, carry It about the country In the less
of high-top boots and sell It out In pint
or quart bottles, as called for. That Is, a
few years ago, the illicit traffic- was car
ried on In that way. Of late the 'boot
logger' Is giving himself more airs and
adapting himself to progress in his busi
ness. Now he carries very often a tele
scope grip. In which ho can stow away
a great many pint and quart bottles of
villainous whisky, costing htm next to
nothing, but which ho sells to his victims
at the moat exorbitant prices. One dollar
for a pint and $2 for a quart of the most
malodorous bug juice is the market price.
The 'bootlegger' who had fitted out the ex
pedition on the 'Frisco train had sold the
fighting men for somewhere from $15 to
$20, what had cost lilm less thnn $5. Tho
broken noses and blackened eyes which
came with It, or soon after It. he threw
in gratis. The profits of the illicit trafflo
are enormous, for It is plainly to be seen
that the trafflo is growing, and that it Is
already much greater In proportions than
It was two or three years ago.
This Is an undeniable fact. The fact
itself Is made the basis of one of the most
serious charges wrflch have been made
against the administration of territorial af
fairs at this time. It must be conceded
that, if the Indian can be cheated at all,
the thing muBt be done when he Is drunk.
Take him sober, and the average Indian
can take care of himself with the paleface,
even in a horse trade, which is saying
about all that can be said as to his busi
ness capabilities. Trading in land calls
for leas of perspicacity and shrewdness.
Even the full bloods have a native cun
ning which makes them "matches for the
most subtle white citizen, as long as they
are In possession of their faculties. The
weakness of all of the Indians, full blood
or quarter, eighth or even sixteenth, is the
thirst for the firewater. If tho Indian Is
to be protected against spallation It Is clear
that he must bo protected against the
'bootlegger.' Keep whisky out of his reah
and he can take care of. himself.
"This is a more difficult task now than
ever before. There are more 'bootleggers'
now to be met with than ever before In the
history of the country. In fact, they may
be said to swarm in sections where the red
man most does congregate, but that they
do not confine themselves to such districts
Is a very patent fact in the case. They
are to be met with everywhere. A man
carrying a telescope grip falls naturally
under suspicion, and In tho majority of
cases not unjustly. The ham canvas coat,
yellow, long of tall and wide of propor
tion. Is equally an object of suspicion, and
particularly if the pockets bulge out pro
tuberantly. There are more ham canvas
coats to be met In the Indian Territory
than In any other quarter of the world.
Sixteen of them were counted in VInlta In
less than two blocks Monday. Monday was
a rainy day, but the fact docs not wholly
account for the ham canvas coat being so
much the fashion In the Indian Territory."
Chief Deputy Hubbard of United States
Marshal Bennett's office said that one cause
of the increase in bootlegging of late years
Is the ease with which the bootlegger cm
get his stuff. Formerly it was as hard for
him to smuggle contraband whisky Into the
territory, anywhere along the border line,
as It ia for the smugglers to run a frontier
line anywhere in the world. When a lot of
the stuff got Into the country It nover
stayed long. Oklahoma Territory was or
ganized, everything there was run for quite
while on the temperance basis, and there
was not much trouble from that source.
After the Sao and Fox and Shawnee lands
came into the market the danger Increased,
for these lands lay Immediately west of the
Indian Territory, and it was easy to see
that after a few live towns were founded
In the new country tho opportunities of the
bootleggers for getting their contraband
goods close at hand and bringing them in,
would be vastly increased.
The towns in Oklahoma appear to be the
baae of supplies for the bootleggers. One of
these la Stroud. The other is Shawnee.
Shawnee is one of the llvest towns In Okla
homa. It la wide open in every senre of the
word. It is there the Indian Territory boot
legger goes to replenish his stocks. The
Shawnee raloonkeepera usually carry large
atocks of the peculiar brand of whisky that
a bootlegger wants for his trade. They
have better lines of goods, but thebrands
the bootlegger wants and la always calling
for are always in stock in some of the
saloons at Shawnee.
"You can see," said Mr. Hubbard, "a
procession of men coming out of Shawnee
some days, with telescope grips. You
might take It for a tourist party if you did
not know what it Is they are carrying.
They slip quietly over, and get In to dif
ferent parts of the territory and do the
business they are prepared for. Some of
them will only take out two or three bottles
at a time after they have reached the place
where they want to sell their goods. There
haa been a man In Muskogee who has made
It a practice to come downtown every morn
ing with to battles, one In each of his
podtets. It he sell nothing more than these
two his profits make a fair day's wages.
The likelihood is that he sells out his first
stock long before noon and goes back home
after more. A few of them will fill a trunk
at one visit to a saloon in Shawnee or
Stroud and then they ran make a wider
circuit before they have to go back for a
new stock. Every drop they sell is like
that sold to tbe men on the railroad train
of which you apeak. Aa fot'tha Indians,
they will part with anything. they have to
get the damnnble stuff. All that they ask
of It Is that It shall be hot and produce an
exhilaration. Well. It is certainly hot
enough for all purposes. But the degree of
the exhilaration is always more pronounced
than Its duration."
Kills of the Bstalnrss.
District Attorney Mellette 'agreed with
Deputy Marshal Hubbard that the evil was
one which would seriously Interfere with
the settlement of the country. on a basis of
full and exact Justice to the Indian. "Prac
tically all of my time," said he, "Is taken
up with the work of prosecuting such cases.
While an Increase In the, number of cases Is
shown by the dockets of the courts I do
not think that the percentage of cases to
ward the total population of the territory
is as great now as formerly
Deputy Hubbard gave some official figures
showing the cjurt records. There are now
twenty bootleggers In Jail at Muskogee.
This number, however, is but a small part
of the total number of men arrested for
buoikgglrig within the last few months and
who have not yet been tried on the charge.
It was the opinion of the deputy that more
than one-half of the cases now docketed
for trial are of persons charged with Illicit
sales of llauor In the territory. "All of
these sre not bootleKsers." ssid he. "Last
Saturday myself and District Attorney Mel
lette and several deputiee went over to
Waggoner, where he knew a Joint ' waa
bring operated under the mask of a drug
store. There waa a little storeroom In
front, containing no stock to speak of, but
In a room about 11x12, Immediately in the
rear of the front room, we found a very
full stock of liquors, concerlng the quantity
of which more could be said .than of the
Quality."
"ro the penalties against the dealers In
this Illicit traffic severe, or are they en
forced to the limit?" Mr. Hubbard waa
asked.
"The extreme sentence la five years," said
he.
"And has it ever -been Imposed!"
Getting OAT Easily.
"Oh, yes. In several cases, and particu
larly in those of old offenders who have
been frequently punished In a milder way
without putting an end to their offenses.
Very frequently the Imposition of a sen
tence of confinement for a year and a day
Is Imposed. We have sent many men to
the prison at leaven worth, and only a
few of those who have gone there and
served a term have come back here and
gone into the business again. But there
are alwaya new men coming into it. The
prollts in it are so great that men are
tempted to take the risks of getting caught
and sent for a term to the Leavenworth
prison If they can only stay In the business
for a few months. Of course, the Increase
In population Is adding to tbe demand for
wet goods, and the opportunities for
quickly disposing of even the meanest kind
of whisky are greater now than they have
ever been. There will naturally be some
Increase In the traffic, but whether It la
out of proportion with the Increase in popu
lation Is a question In the case. ' I doubt
If it Is even equal to the Increase In the
number of percentages."
A part of the wprk of Examiner Leigh
Chalmers In the northern district is look
ing Into the charges of collusion between
the officers and the violators of the law
against tbe liquor trafflo. Marshal Bennett,
against whom soma of these charges have
been made, Is In Colorado for a restoration
of his health, which is badly Impaired. He
has written to Mr. Hubbard, his chief
deputy, directing him to place the -books
and all of the records of the office at the
disposal of the persons making the Investi
gation. "I have nothing to withhold." he
said to Mr. Hubbard,, in a private letter
written for hla guidance, "but shall remain
here as long as I at first contemplated,
confident that you will be able to afford
all of the Information necessary, or which
anyone can desire.".
Examiner Chalmers has been here for
several days. While his Investigations hive
followed, mainly, the lined of land office
work, they have also Included the illicit
traffic In liquors aa an element In the
policy of robbing the Indian of his land.
He has given some Intimations to the effect
that the illicit traffic shtfuld be completely
suppressed, at whatever cost to the govern
ment In deputy hire and court expenres,
until the land is all disposed of or put In
a way where the Indian cannot be deprived
of It without a fair return.
SUPREME COURT SYLLABI
l?10g. Van Forel v State ex re'. Ansley.
Error. Lancaster. Affirmed. Oldham, C,
department No. 1. Unreported.
1. The State University of Nebraska Is
a state Institution and Its board of regents
is an agent of the state. State vs. Moore,
48 Neb., 379, followed and approved.
2. Tho board of regenta of the State uni
versity In allowing certificates for salnVles
of professors in that institution duly fixed
by law, act ministerially, and mandamus
will lie to compel their action In this par
ticular. 3. State vs. Mortensen, Neb.', examined
and distinguished.
13130. Staunchiield vs. Jeutter. Error.
Dawson. Reversed. I'oundr C, department
No. 3. Unreported.
1. In an action to recover a deficiency
after foreclosure of a mortgage, the mort
gagor may set up, by way of counter
claim, damages sustained by reason of
waste committed by the mortgagee in pos
session. 2. A trust deed executed by way of se
curity is in effect a mortgage, and fore
closure thereof out of court by sa'e under
the powers therein contained conveys no
title.
3. Where a mortgage In possession under
such a sale disposes of buildings upon the
property and permits them to be removed
by the purchasers, he become liable for
waste.
4. It Is presumed that the laws of another
state are the same as our own, in the ab
sence of proof to the contrary.
8. The record of a deed may be shown
without inquiry as to tho original when
ever the evidence as a whole fairly Indi
cates that the original is not In the posses
sion or under the control of tho party
ottering such proof.
6. But In such case the record Is primary
evidence, by virtue of Section 13, Charter
73. Compiled Statutes, and the rule that
does not apply.
13083. Jensen against Donahue. Error
from Buffalo county. Affirmed. Albert, C,
department No. 2. Unreported,
L Evidence examined and held sufficient
to sustain ths verdict.
2. Where a material fact Is conclusively
established by the evidence it is not error
to omit or refuse to submit such fact to
the Jury.
3. It is not error for the trial court on
Its own motion to recall tha Jury and give
additional Instructions after they have
retired for deliberation.
4. Instructions examined and held nat
erroneous.
13019. Suchstorff against Butterfleld. Error
from Vatie. Affirmed. Oluhum, C. Di
vision No. 1. Unreported.
1. Petition and affidavit In replevin which
alleges a special ownership In the prop
erty rep'.evlned, may be amended so as to
allege a general ownership in the property.
2. The terms on which sn amendment
to a petition may be permitted rests ordi
narily In the sound discretion of the trial
court.
132I. Mormlch against Schwartz. Appeal
from Cuming. Judgment. Haatlng, C. Di
vision No. 1. Unreported.
1. "Notwithstandlnif the parties to a
chattel mortgage have stipulated therein
for the foreclosure and sale of the niort-
gaged property by advertisement In the
manner autnonsea ny siaiuie, m couri oi
equity haa Jurlsdlotlon to entertain an ac
tion thereon and adjudlcau tha respective
rlghta of the parties In such action. The
MHtutorv method of foreclosure is not ex-
lutive." Meeker against WulUron. 7 N. w.
Rep., f39.
z. wnerr an injunction is nrcewurj o a
uccessful foreclosure of a chattel mort
gage, it is error to rcluse one.
S. in loreoiosure a lieu granted upon
crops by the terms ol a louse n is com
petent lor a couri or equity 10 reiune 10
retain more of the crops than are necessary
to discharge the amount due.
13u2&. Frleden ugalnst cotiKiing. terror
from Douglas. Affirmed. Albert, C. Di
vision No. 2. Unreported.
1. Evidence examined ana neia: bui-
ficlent la show that an assignment of a
judgment was not bona Ode, but wss col
orable and made for the purpose of evading
I!.. .i.ninMnn IWH or I nil siaie.
2. instructions examined u.uu uciu uui
erroneous.
I. it Is not error to reruse an instruction
tendered, where the ground covered therehy
la ru ly coverea oy an instruction b'veu
by the court of Its own motion.
I! H. ucniemme against uiiiuni u --wan-
ufaturlng Company. Error from Doug
las. Affirmed. Oldham, C. Division No.
1 I nmnnrtad.
1. A judgment or a court or competent
Jurisdiction upon a question directly In
v,.u.i in one suit is conclusive as to that
question In another suit between the same
p rii-s.
S. VVDea a RHOna SUlt Uruil ma ,u
cause of action ana reiwen me same
rturtlea aa the first, the luacment in tne
former is conclusive in the latter as to
every question which was or might have
ceen presented ana aeierimnea in mi
fr.rmr
18062. Arabian Horse Co. against Blvens
Error from Gage. Affirmed. Hastings, C
Ijivislnn Ko. 1. I'nreDorted.
1. It Is not error to strike out an Irre
sponsive answer given on cross-examination,
especially when It haa no relation to
ll.A taMU.a In thm cane.
I In t trial to a court, where the finding
Is baaed upon aufficlent competent proof,
it Brill ha nralnmarl I hit immaterial CV.
dene was disregarded. Dewey against
Allaire. 17 Neb., s.
t The testimony ut tbe wllneee who ield
pPsim y
For
them is competent proof of a payment of
costs.
4. The particular place where witness put
an executed contract after settlement with
regard to it is Immaterial where all the
essential facts as to it and its custody art
in evidence and undisputed.
8. Flndlntr of the trial court found to be
In accordance with the weight of tho evi
dence.
U. Refusal of leave to amend answvr after
a hearing and set up mistake In a settle
ment, tin exercise of sound discretion where
the evidence, as a whole, did not show any
such mistake.
13143. Gordon against Stewart. Appeal
from Lancaster. Affirmed. Olanvllle. C.
Division No. 2. Unreported.
1. One E. having chll.lren. not minors,
and an Insane wife, at all times residents
of England, owned a dwelling house and
liyed therein with a woman, with whom he
had entered Into a void marriage contract.
After the death of S. his children and true
widow claimed the property by descent aa
having been tho homestead of 8. That it
was hts homestead, doubted, but not de
termined.
2. The property was encumbered oy a
valid mortgage lien: plaintiff loaned 8.
money with which the lien was paid off,
and In good faith took a mortgnge on the
property executed ny a. ana tne wummi
with whom he was living as husband and
wife.
Held, that Plaintiff has a lien on tne
property for the money loaned and so used,
either by virtue of his mortgage, or that
by subrogation ho has such lien by virtue
of tho Hen so paid.
Held, further, thnt plaintiff was not a
mere volunteer, and that claimants may
not avoid his mortgage and retain the ben
efit of the release of the prior valid Hen.
11,864. r ay against cnicago, uuiuuiiuu
&. Uulncy Railroad company, lirror Irom
Sheridan. Affirmed Ames, C. Division No.
1. Unreported. . . , . ...
1. I'pon the evidence disclosed by this
record, the action of the district court in
directing a verdict for the defendant, is
approved. .
12.iMi. Fir- against Hanger. Error from
Doug. as. Affirmed. I'ound, C. Division No.
0. V 111 I .UI . .
1. In an action for malicious prosecution.
If there is sufficient In undisputed evidence
to show probable cause, tne trial coun
should direct a verdict for the defendant,
although some of the facts bearing on that
issue may be in dispute. ....
2. A finding by commissioners of insanity
that a person brought before them Is In
sane is prima facie evidence of probable
cause for the proceeding, ultliough not con
clusive. .
i. While the plaintiff is not restricted to
a direct attack, as for instance, proof of
fraud, collusion or perjury, but may es
tablish want of probable eauao by any
form of competent and sufficient proof,
the presumption arising from tho flnalng
of the commissioners in such a cae
must be ovetcome by evidence sufficient
to destroy it" probative force.
18,067. Merrill against Carver. Error from
Otoe. Affirmed. I'ound, C Division No. 3.
Unreported. . .
i It is not necosaarv that a defendant
who asserts that the contract sued on is u
wagering contract and unenforceable n
such, give notice to the other party of
his Intention to repudiate tne contrail.
1 On an issue whether a contract for the
purchase of 20.000 bushels of wheat was a
wagering contract, evidence that the al
leged purchaser was not u miller or dealer
in grain and had no uso for. or means of
honHHnp the irrain nuroorted to be pur
chased, but ho was an electrical engineer
of small means, and that the alleged sel
ler hnd reason to know that he had no
property or means to enable him to meet the
......no . nriiw itt Much An amount of graJn.
or any reasonable proportion thereof, is
admissible.
I A general statement in a unn uim mo
..,, .mil in UHlnlnlnir objections to a
certain line of testimony without indicating
where the rulings complained or are to u
found in tho record or the nature of the
evidence offered, the objections made and
the rulings thereon, is not sufficient to call
for any examination of the matter by this
court.
13079. German MUtuni rirr ii"
Company against Fox. Kiror, Gartleld.
Affirmed. Hastings, C. Division No. 1.
Unreported.
1 A conveyance of property In violation
of restrictions in an insurance policy is of
no Importance If the property is recon-
veyed before a loss. .
Z. A conveyance ot real nun oy i
olnt owner to the other which has been
nsured In thdr Joint names Is not a vlo-
latlon of a forfeiture clause in tne poury,
providing that it should be void If the
Old
Underoof
R
There are plenty of wkiskics you can
get for less money than Old Underoof
Rye. But it is poor economy to save the
slight difference in cost when you can get
Underoof quality. It is soft. pure, de
licious, and has the least reactive effect.
CHAS. DENNEHY 6 CO.. Chicago )
wfii-HHormea anafotne healthy, because its v.onr
ponent parts are simple and wholesome and be
cause it acts without disturbing the natural func
tions, as it is wholly free from every objectionable
no
EI I
Loviisvillt
F"rrcico.
V-
by druiaU. Price.,
Property was sold, transferred or encum
ered. JuliM. Swift against Boyle. Appeii fnr.i
Douglas county. Reversed, sale set uslile.
Aines, C. Division No. 1.
13138. Hutchison agalnxt Smldt. Appcil
from Douglas county. Affirmed. Hastings,
C. Division No. I.
1. On proceeding to nffirm a salt" of
mortKiiccii nremlMes. no obleetlon will be
hard founded en an erroneous or imper- j
fect description- of the premises In any of
tho procreilings. unless it be alle;ej and
sliowii that the party objecting will b'j '
prejudiced thereby; nor In case of personal
service or appearance of such party In
the action, and such erroneous or imperfect
description occurs before Judgment. Coopsr !
against Foss, 15 Nebraska, 515. j
2. Jurisdiction to confirm a sale cirrlrs
with It Jurisdiction to overrule objections
to it. I
iw d . n . i ri i n : .
i.iir r i ci j3.in.-L. di.tiiint liilA iri .
Mandamus. Writ denied, round, (.'. Di
vision No. 3.
1. Where a derree awards th" rOnlnt ff
a per.nai judgment against the defends n u
and also directs the Kile of tiledge I prop
erty by way of fnreclcsure, the defendants
may supersede thst portion of the dec-en
providing for foreclosure of the pledg's
without superseding the money judgment
2. In such case, it Is In the discretion o'
the district court to fix the amount and
conditions of a bond to be given In onler
to supersede the decree of foreclosure.
S. If the district court fslls to fix the
conditions of the bond, application shou"
be made for a further order, and there I
no supersedeas until the terms of the hon.l
are determined by the court and the n:V
quired bond is clven.
4. But In case bond Is given in the amoun'
fixed and upon reasonable conditions, nn.l
the district court, upon mot'on to direct an
order of sale, approve the bond g'ven, thl
is. In effect, eifulvalent to nn order tixln"
the conditions as stated In su?h bond, un I
the Irregularity is not prejudicial.
A Kiss on the Seashore.
She was very pretty and very young ami
very sorrowful looking, and un Arnold sav.
her sweet Hps quiver and a tear roll down
her cheek he felt an Irresistible dcslrn to
take her In his arms and kiss and c m
fort her.
He had only known her a few days and
wondered how she would take it. She
would resent it probably, nnd make him
feel llko a fool. And thene were two young
women walking further down the beach.
Arnold stopped to examine a shell, but
his eyes glanced stealthily at the forlorn
little figure sitting on a rock a fuw yards
away. She had not seen him and he crept
nearer.
Under his Immaculate flannels and fault
less "chappie" attire there was almost a
woman's tenderness. Anything in trouble
appealed to him stray dogs, lost children
or a pretty girl In tears. Ha glared at the
two young women lingering on the beach
and muttered Into his mustache an em
phatic "conf-und It."
The waves lapped softly, another tear
glittered in its downward course and Ar
nold stood hesitating, distracted and un
certain. The young ladles had encamped
on the sand and were quite hidden under
the big sunahade.
A faint, piteous little sob.
Arnold strode suddenly forward, and, put
ting his arm around her, kissed her tear
stained cheek.
"What Is the trouble?" he asked gently.
And the little t-year-old threw her arms
around his neck and sobbed:
"Baby's losted! Oo nice man! Oo take
baby home!" New York Times.
Gift of the King.
COPENHAGEN, Oct. 1 The ministry In
tends to propose to the Rlgsdag to rebuild
the gteat palace at Chrlatlansborg, which
was burned twenty years ago, aa a gift to
the aged king. A portion of the palace will
be used by Parliament and tho remainder
will be used as a residence. .
ve
Vets (Jcrvtlyt
Vets Pie2vsartly,
Vcts Bcrveficiallyi
tsUlr,jyas-a.Laxa.iiv-.
up' of Figs appeals to the cultured end tha
quality or substance, in the process of
manufacturing figs are used, as they are
pleasant to the taste, but the medicinal
virtues of Syrup of Figs are obtained
from an excellent combination of plants
known to be medicinally laxative and to
act most beneficially.
To get its beneficial effects buy the
genuine manufactured by the
MP
Ctkl.
new York. N.V.
fifty cent per bottld
r
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n Tha Standard Hair Coloring
for ursy or ttlrAohr4 liair, M a ei.
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T ' '
SCHOOLS,
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"THE SCHOOL THAT
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Pupils Biudy Under an Instructor,
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