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