Omaha daily bee. (Omaha [Neb.]) 187?-1922, November 21, 1903, PART I, Page 8, Image 8

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    THE OMAITA" DAILY ItEE: SATURDAY, NOVEMTlEtt 21, 1003.
UP-TO-DATE INDIAN WEDDING
P'lderooB Prtrri Palefios Fashion for
tie Certm vj.
WOSSBACK BRAVES GLT WHOOPING HOTl
renWr of Ihe Onulrat Osage Tribe
Homanllr Features of the
Mrteh.
On the Osage ffierviilnn, inJIan Terri
tory. September 24. occurred the mot elab
orate wedding In the history of the Osige
Indian. This wedding- Is thought by the
ether Indiana to be about the lnt of Its
kind that will ever be celebrated by this
Irlbe. This conclusion In due to the In
roads civilisation Is making upon Indian
sustoms, and Is also largely due to the
ract that nearly all of the younger mem
bers of the tribe are entering schools, and
the Influence of these schools make them
drop their native habits and cumoms. This
wedding even was not letter perfect, ac
cording to all the rites of the red man, and
at one time It looked as though the cere
mony would be declared olt because the
groom refused to attire himself la blanket
ar.d red paint.
The contracting psrlles were Arthur Bon
nlecastle, a full blood Osage, and Angle
Penn. The bride has a email strain of
white blood In her veins, ht:r lu'.lier being
a mixed blood, but her mother was a full
blood Osage squaw. The two are of the
higher type of tho red race much higher.
In fact, than Is often found and every
fullblood Indian on the reservation be
lleves they are the two best young people
of trt tribe. Because of their general popu
larity every Indian attended the wedding.
. . . . . ,1,1. Irln.l k.a
HO invitations 10 an aiiuu
Ing necessary for the Indian. Nearly 300
white people, residents of the reservation
and nearby towis, were Invited, and were
In attendance.
The story of the romance that leads up
to this wedding Is a pretty one. When Ar
thur Bonnlecastle was I years old his
parents both died, leaving him without
relative upon whom he could call, so he
wm packed off to the Osage mission ' In
Kansas, more to get him out of the way
than to secure for him an education. Here
he started his education, and in a few years
was sent to the Carlisle Institute, where
he graduated with high honors.
Valor Soldier.
When the first call for volunteer in the
last war was made he at once enlisted and
saw service In Cuba. He went to China
with his regiment, and was the second man
over the walls of Peking. For this service he
wears a medal, presented to him by the
United States government, and of which he
. is very proud. After the trouble in China
was over he was transferred to the Philip
pines with his regiment, and served there
until nine months ago, when ha waa honor
ably discharged, and left tho service a
ilrst sergeant of his company. Six months
ago he returned to the reservation, the
homo. of his young boyhood. To him all
the manners and customs of hla people
were new, and It required some little time
again to acquire the Osage language, al
though he speaks English, French and
Spanish like a native.
. Ho is the Ideal type of the Indian, tall.
straight as an arrow, and la absolutely
honest.. He has picked up no bad hablta in
hla travels to different parts of the world,
and his association and experiences have
given hint a wide and correct knowledge of
things outride of the ordinary. In his six
months' residence on the reservation he has
become well acquainted with the people and
has assumed the management of his farm
and business Interests, which, during his
absence, had been In the hands of his
brother and the government agent. The
Indians, and especially the fullblood, ad
mire the young man very much, while the
white upon the reservation look upon him
a the brightest fullblood of the tribe. It
seems fitting, indeed, that ho should see
and fall in love with pretty Angle Penn,
who is bis equal in every way.
Bhs is regarded a the most progressive
Indian Woman in the Osage country, and
her people admire her, one and all. She Is
loved by all the white people v. ho know
her. Her beauty I known from one end of
the reservation to the other. There I not a
more beautiful Indian woman in the coun
- try than ah. She 1 17 year old, while her
husband I 24. Her entire life ha been
spent on the Osage reservation. She was
educated at the agency school, and posses
ses a good an education as any white girl
who graduates from a high school.
After the manner and custom of the full
bloods, the girl has always been kept with
her mother, except when in school; the
Osage women never allowing their daugh
ter out of their sight after they reach
th age of 11 years.
Lot at First Sight.
' When Bonnlecastle came to the reserva
, tlon ho was heart and fancy free. One day
while at the agency at Pawhuska, he saw
th girl, and it was a case of love at first
sight with him. He told hi brother about
her and Informed him that he waa going
. to call upon , her. This waa one of the
manner he had learned while In the white
man' country, but It doesn't go on th
Osage reservation. The brother waa fa
miliar with all of the Indian customs, and
told the lover that would never do. Henry
Bonnlecastle, the brother, thn explained
the proper method and told him that, in
order to secure the woman of his cholco
ho must buy her, and also that he would
probably have to bid at an auction sale,
against any other eligible young man on
th reservation who chanced to want the
young woman. To this plan th lover' ob
jected, and classed the procedure' a being
equal to purchasing steer. .
Nevertheless, this la th custom, and
after some argument against it he learned
that without going through till form he
would, lu all probability, nover be able u
talk to or even se the girl he wanted.
H finally agreed and left th? arrange
ment to hi brother, because, among the
Osages, th lover never ei ters into the
trade, but some male relative makes the
purchase, under the directions of the lover,
and then draw upon him for the ex
pense of th transaction. -
The brother in thl case went to Sassy
Calf, a near relative of the girl, and told
Wm of th derdrea of hts brother. Sussy
Calf at once assumed the role of match
maker and aent out word that upon a
certain day he would receive bids tor the
hand, if not the heart, of Angle Penn.
Upon the day sot, four young bucks, all
accompanied by their male relative, ap
pearea at in noma or Sassy Calf. A feast
waa served and th business of th day
Declared ready; then the bidding began.
j ne reiauve or me young men squatted
in a circle, in tn center of which stood
Basay Calf, ready to conduct the sale. Pre
vious to tills the young men had been
allowed an opportunity of taking a look
at th girl, but were not allowed to talk
xo ner. mey mad up tnelr mind Just
how much a wife of that kind was worth
to them -and notified their relative ho
much to bid before dropping out of the
game. Bonnlecastle told hi brother that
rass
AJLmsdJL JL JLd ZJL JL
Extra Special Bargains in
Ladies' Ready-to-
Wear Department
Second Floor.
A very handsome fancy crepe de chine waist iu the delicate eyen
ing shades, also dark browns and. blacks, beautifully tucked in
front and back with open lace effect and crocheted silk medal
lions. This waist is worth $8.50. Extra special for Saturday,
only J 550
We have just put in stock a big purchase of children's sample
'coats, ages 2 to 6 years, in fancy trimmed broadcloths, Vene
tians and velvets, trimmed with iaces and braids, also fur
trimmed. These coats in this lot worth up to $7.50. Special for
Saturday, each . ....3.75, 3,50 and 2.95
An Extra Special in Children's Coats
A heavy wool boucle or astrakhan cloth child's coat, ages 2 to 6
years, and lined with fancy trimmed all wool flannel. Cape
in pretty shades of blue, red and brown. This coat is positively
worth $2.75. While they last on Saturday only 1.98
Ladies Coat Department
A zibeline coat, in that beautiful wavy zibeline, in golden brown,
navy and light tans, lined with heavy white satin, trimmed in
pretty braids, with long graceful cape, military cape, a good
$22.50, special for Saturday..... '. 12.90
Extra Bargains in Fur Scarfs Saturday
We are showing hundreds of them from 95c each to 23.50
Boas from $4.50 to '.. 40 00
A visit to this department will be money easily earned.
Children's Angora hoods, fine heavy quality, with silk crocheted
edge, trimmed with ribbons to match. A regular $1.50 hood.
Special for Saturday 98c
An extra heavy hood, trimmed in swansdown, all sizes, comes in
whites and grays, trimmed in ribbon. This hood made to sell
v at $2.25. Extra special for Saturday 1.48
GREEN TRADING STAMPS
with everything you buy. Scores of stamp books will
be filled and finished Saturday Scores of premiums
will be selected ani promptly delivered and Thanks
giving will be made all the brighter Suppose YOU
fill your book and make your select ionl
Fast V"Y
color t.
eyelets
used X ii,
exclusively Tf'S
Crockery Crockery
Large decorated Austrian china chop plat
ters, regular $1.50 values, for 58c.
Lantern Globes, each, 3c.
Heavy Brass No. 2 Burners, each 4c.
Macbeth's No, 1 Pearl top lamp chimneys 3c
Decorated English Porcelain Cups and
Saucers, absolutely firsts, set of six, 35c
These goods are light and price ridiculously
low, no delivery will be made on above items
rv ffiwEm, Oxfords $2.50
dJ Wds 50c more
x 1
The "Style
Dorothy
of a
Dodd"
Can you afford It?
"Our neighbor' ys are th costliest thing In Hf," said poor
Richard.
The first things that your neighbors' eye examine ar your
shoes. It seems such a small matter, but your shoes ar really
the barometer of your whole dress. They betray you. They
stamp your position In society.
If you want to see how much style can be crowded Into a
Ingle pair of shoe try the "Dorothy Dodd."
THEY ARB VERT SMART AND TRIO. THET
BRISTLE WITH 8TYLE! THET ABB 6HOE3 OF DIS
TINCTION! Wear Strang hat and you ar "Inter
esting, wear odd clothe and you ar .
"characteristic;" but wear unstylish shoes
and you are "commonplace." Can you
afford to bT
if
dr
m
Sincerely yours
Dorothy Dodd
Saturday Specials
Granulated sugar, ffi
20 lbs I.UU
Corn starch, Ar
1- lb. pkg
Pancake flour, tfir
2- lb. pkg i lJ
Peas. 7n
Mb. can
Plum pudding. Kin
can VW
can
Maccaronl.
1-lb. pkg
Golden syrup,
1-lb. can....
Preserves,
asst., - Jr......... ......
Best laundry soap,
8 bar
Gelatine,
pkg
Home-made mince meat.
, butter department), ,
per lb
Ziaked beans, .1
J-lD. can
Chile sauce,
bottle .
10c
12c
...9c
25c
... 10c
(sold In
12ic
...10c
. ...10c
Worcester sauce,
bottle ..
Preserved blackberries,
can '
GROCERY GROCERY
THE OKLT MOJtET-SAVIBTO GROCERY VX THE CITY BEST GOODS
-LOWEST PRICES FREH GREET! TRADING STAMPS FREE
POSTAL CARDS.
.. 10c
Headquarters for Butters L
Countrjr butter,. 16C
Bennett' Capitol Ofr
Creamery, per lb i.. '.."'
Medium sour pickle, En
pint , O
Teal and Coffes of Best Values
Tea Bifttng. Re
cer lb lOl
.....25c
.....08c
per lb..
Imperial Japan, .
per lb
B. F. Japan, Oolong,
per lb .,
CANDY, DEPT.
Our Special Saturday Sale Now On
Chocolate creams, fresh made OEr
mm w
......15c
and delicious. 1-lb. box
Half-pound
box....
Special Sale of
Dining Chairs
Here's interesting bargain news and Just In
time for fixing up the dining room Thanksgir
1.35 dining chair, made of golden oak, cane
seat, back neatly embossed, thoroughly
braced, at . 98c
2.00 dining chair, made of golden oak, brace
arms, seat shaped and hand caned, 13 rungs and spindles, ex
tra strong, at. . ; ,4Q
2.40 dining chair, made of selected oak, golden finish, bent front
post saddle seat and banister back, one of the newest designs,
at " 1.79
2.85 dining chair, made of selected quarter-sawed golden oak,
cane seat, bent front and back post, back beautifully carved,
at 1.89
$3.30 dining chair, made of golden oak, saddle seat, box construc
tion, finely polished, a high-grade chair, at -2.49
Odd chairs, can and wood seat, 2, 8, 4 and 8 of a kind, at half price.
Special Sale of Rugs
Stock rugs made from the finest grades Brussels, Velvet, extra Axmlnster and
Wilton velvet, at one-third to one-half lees than th regular goods.
,1or0;S.8!,.g 16.50
10x14-0 Banford'' Brussels gQ
Plenty more to select from; bring meas
urement. IieAtivais Axmlnster rugs, made in one
piece, regular 122.S0 value, 17.50
Roxhury Brussels ruga, else Ixl t feet. In
pattern suitable for parlor, library or
dining room, reduced g gQ
Odd piece' mattingii In length sufficient
to cover ordinary room at naif price.
-9x10-0 Fringed Velvet Q gQ
K 3x12-0 Corduva Brussels, qq
19.00
15.00
16.50
15.00
13.25
8- 3x10-6 Savonuerle,
Axmlnster for
9 0x12-0 Brussels
for
9- 3x10-8 Wilton Velvet,
for
8-8xl0- Velvet
for
8-3x10-41 Brussels -
for
A Very Special Sale for
Thanksgiving.
The Paxton double roasting pan, a 13-lnch roasting pan,
for.. 48c
A 15-inch roasting pan for... ..55c
A 16-inch roasting pan for 63o
The Paxton is a standard. You have it for Thanksgiving and
you'll be proud of it.
Horse Blanket Sale
1I
For Saturday and Monday
A brown duclc stable blanket, full lined
and quilted, . two surcingles, reinforced
neck front. It Is an extremely l.dR
well made durable blanket, for ..... e
This is one blanket w have many others
and at attractive prices.' If you need a lap
robe we'Tiave what you want and at price
that you cannot duplicate elsewhere.
Genuine Dru Money-Savers
rule Flew.
XJlao Talcum Powder, . . ' . Qn
1-lb. can M
Armour' Fin Art Soap, Oc
dak ww
Armour's Fin Art Boap, 20c
Carter Little Liver Pills, KC
per box.; '-'
Allcock's Plaster,. Uo, 25C
Plso' CursV '
for .mm.m
Chamberlain's Cough Cure, "7 (In
for
Castorla, 25c
for., -... "
Jeyns's Vermifuge, OOC
Has'Hair 'Health".
for. . 4M .
r"1"' ..68c
s. s.'b..'" 7Kc
mall
large
Oray Glycerin Tonlo, 85'C
ZZZZZZZZ. 85c
Russell's Emulsion Qfln
of Fats
he wanted the girl and to outbid all of the J leather shoe and , derby h.t. A loud
others. I objection was made to this by th full-
Oatbld All the Rest. J bloods, who thought he should hav ob
served ail th custom. A commute of
Can't Sleep?
If Toor nerves. Dr. Miles' Net-Tin
will strengthen tbeta and briag sweet
sleep and health. Delay Is dangerous.
AU ArucgUU salt and guarantee. Bend
noaUl tor bock on nervous dtaeasee.
ftUXJLa" UJLDICAX. CA, Klkiuurt, UV.
The bidding was spirited, but Bonnlecas
tle' brother raised every one, and finally
was declared the successful purchaser.
The proceeds of The sale go to the girl's
relatlVe and toward defraying the ex
penses of the wedding. The amount finally
agreed upon for this girl was fSOO In csh
for the wedding feast, a race horse known
as Hoodoo, valued at $650, and fifteen good
Indian ponies, valued at T0O. The horse
Hoodoo Was to go to Sassy Calf, the match,
maker, and the fifteen Indian ponies were
to go to th guest at the wedding.
The date was agreed upon at the time
and the arrangements were all made by
the men. The bride had no hand In this,
and was not even told who wa to be hei
husband. All she knew wa that she wa
going to be married, and that 1 considered
enough for any Indian woman.
The order for the bride's trousseau wa
given to the Delaware Indian, who live
east of the Osage reservation, and who are
adepts at Indian needle and fancy work.
It wa th most elaborate ever worn by an
Osage bride, and Its cost was nearly
11,600.
During the time these preparation wer
being made th bride waa not willing for
the marriage to take place. She feared
she was to be married to some blanketed
buck, and such a husband did not In the
least suit her progressive Ideaa. Her ob
jections were not taken Into consideration
by the relatives, and little attention was
paid to her; In fact, an Indian bride is of
mall consequence.
Th day for th wadding arrived, and
all th Indiana wer In attendance at the
Indian camp, neas Pawhunks.. They had
arrived several dy before the date set,
and were enjoying a season of feasting.
Upon th morning oc the wedding day all
the Indians attired themselves in their
gaudiest blankets, put on their best paint
and brightest feather. Th bride wa
taken from her home to the tent of a
neighbor, and tnere tne squaws iiruncW
to dresa her tn the wedding finery. This
wa all don according te th custom of
ages, and it required about three hour to
complete her toilet. Then the procession
started for th home of the groom-to-be,
short distance away. During thla time the
man In the case had not been seen. He
was In hts tepee, awaiting the appearance
of the bride.
In a buggy drawn by two Indian ponies,
that were led by a couple of the male rela
tives of the bride, she rode, and with her
rode the maid of honor. The bridesmaids.
four In number, rode on horses, two upon
each side of the buggy. Without delay the
procession proceeded to the front of the
tepee occupied by Bonnlecastle. There th
bride left the buggy and the four brides
maids placed her on a blanket, which wa
wrapped around her, and then four squaws
seized the blanket and took H Inelde, where
the young man awaited. Now for th Crst
time the bride saw her future husband.
In a few moments th two appeared before
the tent, surrounded by th maid of honor
and the bridesmaids.
At this point th wedding came noat
being declared off, because the groom, in
atead of wealing blanket, war bonnet and
paint, a th Indians all sxpected and as
custom demanded, stepped forth from th
tepee In a neat Siting suit of broadcloth.
i wli.ll shirt, lajidiiig collar, tie,
the head men of the tribe went to him
nd urged him to don th blanket and
feathers. He flatly refused. They in
sisted, and he finally told them plainly
tkat ha was there to be married, and he
was going to wear the clothing of the
white man. He also added that if they
did not like his plan they could go to a
place hotter than th Osage reservation.
A counci! of th committee waa held and,
after a headed argument, Bonnlecastle won
hi point, and th ceremony proceeded.
Here the groom Introduced another feature
not on the program, and not In accord
ance with Qie traditional customs, but no
objections 'were made to It by the Indians.
After the argument about the groom's
dress wai settled, a priest atepped out
of the crowd of whit people and per
formed the wedding ceremony according
to the rite of th Catholic church. Th
Indian ceremony was then resumed and th
race wer called.
Sassy Calf, mounted upon a fine horse be
longing to the groom, rode about ZOO yards
from th crowd mn !.rz i. sun. i hi was
tr.o signal for th start of th race for
the groom's horse, saddle and gun, and the
contestant, In this race can only be the
male relatives of the groom. As Bonnle
castle had only one male relative, hla
brother, the rac waa easily woo by him.
Then the buggy In which the bride had
been taken to the tepee of her lord, was
drawn out about 200 yards from the crowd
and another gun waa fired. Nearly every
aquaw present waa in this race, as It Is a
sort of free-for-all, and any of th women
are at liberty to run If they desire. Th
first on to th buggy won it
Other race wer pulled off, and th fif
teen pontes given by th groom for th
bride were given away, om to th rela
tive of the bride and some to th whit
pecpla In attendance. The best part of th
ceremony, to the Indians, waa yet to com.
The feast had been prepared during the
other part of th ceremony, ana aii sai
town to eat, picnic fashion. Th brids and
groom sat at th head of th table, on the
ground, aurrounded by their relatives and
those who had taken part In the mar
riage, while all of the other Indian aat
around and. stuffed themselves with th
eatables provided with th $500 put up by
the groom.
According to custom, when two young
people go through this ceremony and then
eat together at th feast It signifies th
end of the wedding, and they are consid
ered wedded. Th groom, having had ail
the say In the matter, la usually ready snd
willing to eat, but the bride, having bad
nothing to do with it, sometimes refuses.
which signifies that she Is unwilling to
wed. Her. refusal makes little difference.
ordinarily, because she must eat some time
and she Is simply starved into a willing,
neaa to accept her husband.
Bonnlecastle will build a home for hla
wife at Pawhuska, and they will live
among the whites at the agency. A little
later they expect to take an extended wed
ding, trip through the east
Th Osag Indians ar th richest tribe
or nation of people In the world, and this
woman la probably the richest female on
the reservation. She has about 130,000 worth
of property, besides her share In the tribe's
general money and her annuity from the
government. ' Boaalecaatls Is worth about
120.000 In hla own name, having, inherited
half of his parents' property. The bride's
father Is dead, and she received his entire
share of the general money and his land.
Everyone, both Indiana and whites, re
gard this match as a good one, and believe
that both parties to It will be happy. A
feature of the ceremony was the refusal
of the contracting parties, to be photo
graphed, and not a camera was allowed
around the Indian camp. St Louis Globe-Democrat
SUPREME COURT SYLLABI.
12Ki5. Bastlan against Adams. 'Error from
Keith. Reversed, with instructions. Al
bert, C. Division No. 2. Unreported.
1. The phrase "partners." etc., following
the nams of the defendant to an action Is
merely descriptive and does not make the
firm, as such, a party to the action.
t. where, in proceedings In error from a
judgment of an Inferior court to the district
court, a Judgment of reversal is rendered,
the court ordinarily has no jurisdiction at a
subsequent term to vacate such Judgment.
S. Where a Judgment of an inferior court
is reversed in the ditsrict court for want of
jurisdiction of the former to render the
judgment, the filing of the petition In error
and th prosecution of error from such
Judgment does not co..iiiuio general ap
iii tne district court In !he orig
inal action, nor confer Jurisdiction vron
such court to set the case down for trlai
an rnrl.p ludement unon the merits.
12B56. Darr against Orton. Error from
Dawson. Affirmed. Oldham, C- Division
No. 1. Unreported. ...
Evidence examined and found sufficient
to sustain th Judgment of the trial court.
12974 Village of Verdon against Bow
man. Error from Richardson. Reversed
and dismissed. Barnes, C. Division No. 1
Unreported. .... . .
L An action cannot be maintained against
a municipality to recover damages alleged
to have been sustained by reason of the
enforcement of the provisions of an ordi
nance to prevept the epread of smallpox
and other contagious diseases, unless It Is
made liable therefor by the statutes or by
ordinance.
1 The officers enforcing such an ordi
nance act at tholr peril, because. If for any
reason the ordinance is void, iiiv? will U.
liable for the damages caused by their un
authorized acts.
1304T. Dunand against McKibben. Appeal
from Dawson. Affirmed. Barnes, C. Divi
sion No. I. Unreported.
1. Evidence examined and held that It falls
to siiow an iubstar.tis! differ-n"- h-wn
the real and the appraised value of the land
sold ut Judicial sale.
2. Objections to appraisers on the ground
that they are not qualified and are not dis
interested cannot be considered, unless
some substantial reason therefor is made
to appear. The mere fact that one of the
appraisers was a constable and the other a
justice of the peace presents no such rea
son. 13162. Prttchett against Johnson. Error
from Douglas. Reversed.- Glanvlile, C. Di
vision No. 2. Unreported.
1. Rultnra of the ariai court rejecting evi
dence examined and held to be prejudicially
erroneous.
An instruction given to a jury in an
action for malicious prosecution which re
quires them to find for the plaintiff with
out nnoing mat ine proaecuuun waa ma
licious Is erroneous.
1. The giving of such a direction to the
Jury in positive terms cannot be cured by
othtr instructions.
1J37S. City of Lincoln against Street Rail
way Company. Appeal from Lancaster.
Affirmed. Qlanvllle, C. Division No. 2. Un-
the rights of the city under the decree
against the holder of a Hen junior to that
of the mortgage existing prior to the sale
who Is not concluded thereby, and the fact
that the city Is the holder of the third Hen
does not entitle it to prevent such re
demption and subrogation.
3. Where a decree of aourt has estab
lished all the Hens upon the property In
volved with their ownership and priority,
the holder of any Hen thus established
may redeem ail prior liens, and on motion
be awarded an older of subrogation to the
rights of the holders thereof, not Incon
sistent with any rights fixed by the decree.
4. Decree examined and held, to so fix
the rights of appellant and appellee In
their relation to the property Involved and
the Hi ns thereon, that appellee waa, upon
motion, entitled to the order complained of.
12409. State ex rel Lincoln Traction Com-
Sany against Holmes. Mandamus. Writ
enied. Albert C. Division No. 3. Unre
ported. 1. In an original applications to this court
for a writ of mandamus, requiring a Judge
of the district court to vacate an order of
injunction made by him at chambers, the
fact that the relator had not asked the
respondent, or th court over which he
presides, ror a vacation of such order Is
the metropolitan class .by th repeal of
section 6. of th charter of metropolitan
Cities in 189L
i. The title "An act to provide a system
of revenue" I broad enough to Include
provisions for special assessments.
4. A taxpayer who has compiled with th
provisions of section 144. article 1. chapter
77, compiled statutes, 1801, may bring an
original action against a city or county
to -ecover Illegal taxes paid without filing
hit) claim before the city council or Board
of County Commissioner.
12-11 Baty asainst Elrod. Error, fiom
TJadlson. Former judgment adhered to.
Hastings, C. Division No. L
1. Evidence held to show that defendant
and her grantor originally took possession
of the land in dispute aa owners and hav
ever since so claimed and neia it.
CITY SOIL IS SMUT,
smoke, grime. Country soil is
just clean dirt; wholesome but
not pretty. Both yield to
HAND SAPOLIO. The dain
tiest soap made. Indispensable
to everyone who desires the real
rer since so ciaunea ana neiu i- , . r . .
. Plaintiffs showing the united Btates beauty of perfect cleanliness.
irvey field notes, when applied to th land I
competent surveyor, up-
ooum
survey
In dlxDute by a
nortnd his contention aa to the
line In dispute held sufficient where the
monuments of the government survey are
no longer recognisable to talce that ques
tion to the Jury, notwithstanding a former
owner swore to th other location of th
Una a having been originally mad from
the aovernment auarter corner mound,
of Itself a ufficlent grjund for a denial evidence lenaoreauy piaintiiiaii w an
of the writ ' agreement to survey the land and relocate
Whar. real nronertv Is eold under a de-
ijrea of foreclosure of a mortgage and the
holder of a lien Junior to that of the mort
gage Is not ouncluded thereby, the mort
gage Hen will not be held to merge in tne
lgil title of th purrhaaer for the benefit
of 'he iunlor Hen holder.
1 A lin for paving aaaeMments against
th property of a street railway In the city
of Lincoln which has been ascertained and
AvmI a. a first lien In favor of the city
bv darree of court may be redeemed by
tne purchea of tiie property at foreclosure
sal tn a former action baaed upon a suh
saiuent mortgage, and upon surh rtde-nili-Uwu,
th purchaaer will be ubrvga.lad to
the line, if taken as true by the jury, held
to be sufficient to prevent the further
running of the statute of limitations; If
such agreement had been shown to have
been made before action was barred.'
4. Burden of proof to show that owing
to the title of plaintiff' grantor from the
United BUtes, not having been perfected
for some years after he took poseeaelon
of the land, defendant's possession under
claim of ownership would not date from
the time his posaesalon became adverse
to plaintiff's, is on plaintiff.
6. Evidence offered by plaintiff did not
tend to show .that the agreement claimed
by plaintiff to survey the land and relo-
11548. Andrewa aralnst Lillian Trrlntlnn
district. Appeal from Caster. Former Judg- i
merit vacated; Judgment of the district
court reversed. Holcomb, J. ;
1. An order of the county board, es
tnbllRhlng and defining the boundaries of 1
an irrigation district id pursuance of the '
i provisions or seciion z, article in, cnap
t icr too. Compiled statutes. Is conclusive,
at least. In a collateral proceeding, on the
question, whether the lands Included there
in win De Dencnted by irrigation by the
system therein coi.'empla ted; allter. on the
question whether sny of such lands cannot. I
from some natural cause, be irrla-ated
tnereoy,
2. After an Irrigation
duly organised, the e
prescribed in said cha:
ictiiun, uiuri man luun Willi;,, wiiiiiui num ' . . , ,, ..!.. .I.l.tlff
...... ,...-i ... ii.., tm .wi,,.. , to authorise a verdict for plalntirr.
Ive. j 12651 Lucas agalnRt Bt Joseph A Grand
8. An allea-atlon In a petition to the ef- ' island railway uoinpany. jrror, iroin
feet that lands ar lo?, wet, and swampy, Jefferson. Affirmed. Sullivan. C. J.
totally unnt for Irr.gatlon and require I 1. The supreme court of the United states
drainage of the water naturally standing ; Is the final expositor of federal statutes
thereon be Tore the same can be rarmea. j and Its decisions construing sucn statutes
la. as against a general demurrer, equtva- and determining their force and effect are
Inn? to n aiirsratlnn tist much lands from I conclusively binding upon the state courts,
some natural cause c.nnot be Irrigated, j 2. According to the derision ot tne u-
4. Petition examined and held to state I ere rue court ot the United States in the
a cause of action. I case of Railroad Comitany against Town-
. Th board of directors of an irrigation Mud 21 II. 8 . Run. t:t. Ren.. 7S1. a con-
district may acquire by purchase or con- j greasiona grant of a right-of-way for the
damnation ail tanas nscmaary iw ui j construction ot a railroad is upon an im
district has been 1 'htr"c';. ",?la?1-h!n h. i!
latutory procedure f ,ten ya from1, tha Um wn" i?ltanJ
"iST. J0.' JL"tac'" to a T natenf: aid wa. therefore insufficient
construction, use, maintenance, repair and
Improvement ot it cant is.
1H3. Van Auken against Mlsner. Appeal j
from Baline. Motion for rehearing over,
ruled. Bedgwlck, J.
1. This court will, on It own motion, re-
fua to consider a document appearing in 1
the record and purporting to be a bill or
exceptions, but tn no way authenticated
such by the certificate or tne ciera ot
the lower court.
2. Belna- a auestlon of practice, the many
former decisions of this court adjudicating
this question will be adhered to without
critical Investigation of the -grounds on
which they rest.
I. A rehearing win not De anowea Be
cause of technical detects in tne recora
not urged by counsel upon the bearing.
but when a rehearing ha been allowed
because sf doubt of the correctness of
the decision on the questions determined,
the cause stand for hearing though
no former decision had been made and
the court wlil not consider paper appear
ing with the transcript, but nut authenti
cated as a part of the reoord.
4. If. after the issues are made up In
the lower court by petition, answer and
reply, an amended answer la filed con
taining allegations not denied by the re
ply, and the caune is tried In the lower
court, and presented in this court on the
theory that the reply stands as a reply
tn the amended anvwer, it will be so con
sidered by this court.
13il. Omaha aKaliist Hodgsklns. Error
from DouKla.' Affirmed. .Oldham, C. Divi
sion No. 1.
1. The provisions of section 144, article I,
chapter 77, Compiled Statutes, 19ul. apply
to special aseeeamente a well aa to tuxes
levied for geueial purposes.
t. Held that th provlalonr of, this sec
tion wer inade applicable to cliits ef
plied condition which Is Inconsistent with
tne acquisition in auij . - .7 i
of such right-of-way by a private individual
or corporation.
I. The right-of-way of the Grand Island
Railway company having been acquired by
grant from the general government for
the construction of a railroad the statute
of limitations Is not a defense to an action
brought by said company to recover pos
session of a strip of land within such right-of-way.
12183. County of Cass against County of
Barpy. Error, from Harpy. Former Judg
ment vacated; Judgment of the district
court reversed. Ames. C. Division No. 1.
1. One who furnlxbed labor and materials
for the creation of a public park. In good
faith, but in the absence of a contract
such as is required by the statute, is en
titled to recover ineir reasonaoia rnu
the absence of a statute expreaaly or by
n .m.u r-v imn irAUnn aenvina sue
13077. Irson aitalnst 1 nion t-acino nui
right.
.all-Ite-
road Company. Error from Dawson.
versed. Albert C. Division no. z.
. 1. In a petition to the county court for
administration on the eatate of a deceased
person the only averments essential to the
Juriadlction of the court are that auch per
son died Intestate, and was at the time of
his death a resident or Inhabitant of the
county where the petition is filed, or In case
he was at the time of his death a nonreal.
dent of the state, that he left an estate in
such county to be administered
1 Section 7, chapter xxilt. Compiled Stat
utes provides the order In which persons
shali be entitled to administer on the es
tate of an intestate. Held, that such pro
visions do not go to the jurisdiction of the
county court in such matters, but to the
manner of Its exercise, and that an ap
pointment made contrary to suck pro
visions is not P to collateral attack.
Well Shod feet
wit, if
If you wear ONIMOD Shoes you
walk with ease and 00m fort. A styl
ish shoe mads to fit th feet suited
to the season and the demands
wear.
The SbM For Entire 5at!sfactloa.
Always
$3.50 3 $2.50
Rogont Shoo Co.
303 So. 15th St.
" ft
COMPOUNDING
DRUGS'
is an Important matter. A thorough knowl
edge of th business ensbles us to fill pre.
scrlpUons to the satisfaction of the patient
ana pnysician.
Peruna
Castorla ,.
I-axatlve Bromo-Quinlne
Uromo-Seltier
C'aaaret
Pear's Soap
Graham s Shampoo Past ,
Menthol Pencils
Pierce's Prescript loll
Plnkham' Compound
Jaynert' Tonic Vermifuge.
All Tooth Pat
Mm
So
l.i
'.ic
vbMENii
LK Bat 4 14 ft
n.uuitiijr .f.iL
rUIcAL let-fcf.
.ttl.M KAMI 1 rtllivej a A iw 'fc; . t
lairisU .-UCimumU Wug O Owalt.