THE OMAHA DAILY REE: SUNDAY, DECEMBER 13, 1903.
k
GOES AFTER ALL MORTGAGES
Til OomminiouSf Fleming Imu Hot'ot
' for Hsldtrs to Coins to Tim.
WILL FOLLOW OUT NEW REVENUE LAW
Bstlaaatee 4kt Mortcaajrs lataseel r
City ! te Tot mm Om.
Half Millions mt
Dellare.
Notices advising aoroa l.SOO persons that
mortgages amountlns to 12,500,000, hereto
' fora untaxed, will be placed on tha assess
' mint rolla (or 14, have been malld from
tha office of Tax Commissioner Fleming.
I'nlesa tha holders of tba mortgagee can
how that tha Investment hava been can
celled they vO be Included In tha personal
property lists tubmiUed to the Board of
equalization. Moat of the persona to whom
tha notloea are addressed hava failed to
I specify the Item of mortgage in their re-
turn.
In past years mortgage have not been
taxed by tha municipality. While it waa
permlaaabl under the old law the practice
waa not followed. The new revenue law
make It Incumbent upon tha aaeaor to
aearch the county record for mortgage
and to Insert them In the roll.
) Commissioner Fleming estimates that tha
Cain is tha Omaha assessment for 104 by
reason of the addition of mortgage will
run from 11.600,000 to tt. 000,000. Mr. Fleming
says be feels absolutely certain of hi
(round In this procedure.
Hals Rockefeller Tax.
Tba assessment of the Standard Oil com-
pany has been nearly doubled over that of
last year, which was the highest In history.
Standing at 131.000. After a long conference
with General Manager Ruth It was decided
to fix. a valuation of WiOOO, which accord'
lngly was done. The Increase was not
strongly objected to by representatives of
th , Rockefeller company.
John A. Scott, representing ths Ames
estate of Boston,' conferred with the board
regarding the taxation of the buildings
burned and damaged by Allen Bros.' fire at
Ninth and Jones streets It was decided to
decrease the assessments on ths Improve
menta from tM.000 to $50,000 on the three
buildings affected.
All of the Important schedules have been
received by ths board, which will close Its
sessions Monday night, although a brief
meeting wilt be held Tuesday to formally
end the sitting. The valuations were classi
fied early and consideration began with the
largest amounts. Only those of 11,000 and
less remain.
Ths banks wfll be accorded a - hearing
Monday morning at o'clock.
SUPREME COURT SYLLABI.
Ths following opinion will be officially
reported:
l'l Ballne eounty against Qatw county.
Error from Gage. Reversed and dismissed.
Ames. C. Division No. 1. .
1. A county can become obligated to con
tribute toward the iMnMM of bulldin a
bridge over a stream upon a boundary Tine
between Itself and another county either
by entering In the first Instance Into a
joint conir.iot for the construction of such
oridge in the manner prescribed by stat
ute or by subsequently ratifying a contract
for that DurDose.
I. When the county boards of adjoining
counties have attempted to enter Into a
Joint contrsct for the purpoee above men
tioned, but by reason of the neglect of
requisite forma me one or sum counties
falls of becomlnr obligated thereby, and
the other. In rood faith nnd pursuant to
the contract, rul'ds and ray for the bridge,
the former rosy ratify and confirm the
contract by the allowanc-, In behalf of
tne latter, or a ciaim tor one-nan tne
contract price of the structure, end a ta.
? flayer cannot defeat or annul such ratifies.
' tlon by appea'lng from the order of allow-
ance.
11751. Marvel against Msrvel. Error from
Hamilton. Affirmed. Duffle, C. Division
No. a.
1. A parol agreement made atthe tlms
of executing a conveyance nf real estate
that the grantee shall hold the property In
trust for the grantor end when sold psy
the proceeds to him. the conv. yance not
belnr obtslned by fraud or undue Influence.
Is void as an attempt to create -i express
tmt In real estate by parol, and the land
and the money for which It la sold belong
to tne grantee.
t. The evidence br which a contract shall
be proved Is no part of the contract Itself
: and Is governed therefore by the lex fort
. and not bv the lex loci cintractua.
1234:'. Vila, against Grind Island Electric
- ll-nt. ice and cold storage company. Ap
' rx-al from fall. Former Judgment adhered
, in. Ho'.comb, J.
1. Tha qutton of whether a petition
atitea a cuie of action or dlsclirei grounda
sufficient for the rran'lna of enuttable
- Ilef may be isl ed at any atari" of the
proceeding; In the appellate court up to
and Including the filing of a motion for a
rehearing.
V 2. A prayer for general equitable relief
coupiea wun mat or one lor specino re
. lief cannot be extended so as to warrant
the a-rantlne of re!tf nnt embraced within
and comprehended by the allegations of
fact contained in tne pieaamg,
t. The appointment of a receiver In an
equliabla sctlon Is ordinarily sn ancillary
cl.'.entai to the main object or purpose of
. the suit.
4. Eave In certain classes of suits In
' equity which constitute well recognised
exception, the Jurisdiction of courts of
equity does not warrant the appointment
or a receiver to take charge or and admin
I later the Property and business of a cor
p.jratlon in an Independent action where
tnat Is tne main ooject and purpose or tri
Stilt and the sole and only rel'e asked for
' t. Jvtltidn In the case at bar examined.
oonetrued and held defective In eubstanre
'and Insufficient to support the orders o
.the court suDolntlng a receiver to tak'
charts of and sequestrate the property and
buvine of the defendant corporation, di
recting a aale thereof, and the confirmation
ef tha sale made under such orders,
is. In tha absence of statutory suthorlty
courts of equity do not possess Jurisdiction
over corporate nod lee to the extent or, on
the application of private parties, appoint
tng a receiver, sequestrating the propert
and business and selling the same throug
ths Instrumentality of such receiver, sn
f herhv.m-iwt tin the affair,, atmI tAfmliiat
the business and Indirectly dissolve the cor
pre tlon.
T. The former Judrment of reversal In
Vila et al. against Oram! island fciectn
Light, Ice and Cold Storage company e
m .. H N. W. Ren. IX. adhered to
. LTTua. I.an county acalnst McKlnley
Lanntng C & T. company. Appeal, Lo-
gaa. ABHrmed. Molcomb J.
1. In an action broutfht In th district
court bv a county to foreclose a tax He
on real eatat for dellnauent taxes, the
determination of the question whether or
not tne county could, under tne statute,
maintain such action, without an ante
cedent administrative sale by the county
treasurer and the Issuance to the county
. of s tax sale certificate as a basis for such
nroceedinrs. roes to the existence nf
cauxe of action, and not to the Jurisdiction
of the court.
I. A decree rendered In a foreclosure
proceeding for the sale of real estate to
satisfy a tax Hen, barring the equity of
redemption nf the owner of auch property.
la an adjudication of that o.ieition wnic
cannot be Inquired Into on objections to
confirmation of sale on the ground mat
ths owner had not been given ths time to
redeem allowed by law.
t Where the district court has Jurisdic
tion of the subject of ths action and of the
parties In a f :" si.3-ur proceeding, ques
tions which street the regularity of the
decree are concluded thereby. Such a de
cree cannot be assailed for any mere Ir
regularity upon a motion to set sslde a
aale made In pursuance of such decree.
4. Where decree In foreclosure pro
ceedings by Its terms erroneously denies
to the owner of the equity of redemntlon
the time to redeem from sals which al
lowed by law, Ma remedy Is bv a direct
nroceedirwrs to obtain a reversal or tno'l
flcatlon of ths decree, and not bv an Indi
rect attack thereon, by ohjectlnc to the
confirmation of sals made In pursuance of
the decre because of sich rror.
1S"71. OeMah sad Scottish American
Mori race Isveetm-nt eomoany arlnt
OI"be lan and Trut eomnsnv. Bre-v
from rur'aa. Affirmed. Albert, C. ri-v-in
No t
I. A note was then signed: "01oe Tvat
-' Trii' -H . n.Hi Pre-dt "
"W. B. Tav'or a-e'v." HtC. that th
not OS Its faee hsra nt ne-eonal liabil
ity "n tha part of Derrei or T-vl-r.
Hv"e aga'wtt lf-i-fnrd Klrej la
Sirnc company. Apnet tott tncastor.
Afnr-ed. rune. P. IWvt-4on Ko. t.
1. Where the owner ef rat aate Nn4
tlrrsel' In a mrtsare eseted theron
mtg th premise Insured for the pevteo-
a f.iEnny ciiristhas !
SS.00 DOWS3
These Terms to Everybody.
ONE DOLLAR
wiLl bring a
Genuine Edison Phonograph
OR AN IMPROVED
Victor Talking Machine
To Your Home This Special Offer Only During This Month.
Sousq's Band, Vlotor Herbert's Band, Hoyal Italian
Band and AXany Othor Bands and Grand
Opera in Your Own Parlors,
ONE DOLLAR DOWN AND ONE DOLLAR PER WEEK
NO MORE SCRATCHING
I fSPiG! AL SflLl IF S20
WSBCBSB T I Jsl,llJ'Hlaf if' h
NO TOY. but an instrument that Is both en
tertaining and Instructive. THE QREATEST
WONDER OP THE. AQE. A great opportun
ity to get a Christmas gift on our EASY, PAY
MENT PLAN.
THEY SING AND PLAY
"Just like the original." 40,093 RECORDS to
select from. First come first served, sa don't
put It off. Come in arid make your selection
and we will deliver when you desire.
Credit to everybody.
ONE DOLLAR DOWN AND ONE DOLLAR PER V7EE;(
BUY NOW-PAY LATER.
Can You Afford to Miss This Opportunity?
NEW RECORDS FOR DECEMBER NOW READY
Nebraska
Cycle Co.
Phone 1663.
GEO. C. MICKEL, Manager.
334 Broadway, Council Bluffs.
Phone B6I8.
Cor. 15th and Harney Sts,
512 North 24th St.. South Omaha.
Phone 4365.
Nothing is more appreciated or more suitable as an Xinn
gift than a handsome piece of Furniture, a nice Hug or a beautiful
pair of curtains. CAK1I Oil CKEIUT. Select your poods nov,
while the stock is at its best, PAY FOK THEM LATEH.
Credit to All. Eosy Payments.
I We will lay aside foods eelecteJ now anl deliver later.
MORRIS CHAIRS Solid o&lc frame, fancy velour rererslbte cmblon, back ad
justable to any position, nothing more comfortable, on tato C Cf
as low a t.Ou
LADIES' DESKS In oalc or mahogany finlah.
notbinn better a a gift, wa have tbem (L Cft
a low as 3JJ
CENTER TABLES Solid quarter sawed ry OCT
oik, pollihen, a most acceptable gift smsOO
K--..--i Chritiiiuus tfifts, we hare unandless variety, all styles
linisUes aod pt icer, some as low as
CHILD' 5 ROCKERS We wry a large line, In cane or wood seat, also In AQ
reed, on sale upward! from... VOW
PARLOR LAnPS A large line to select from, r g" rv
up from. ... , AstOU
RUQS 9x11 tapestry rugs in choice color and designs,
i.85 msmm
uu xii tapestry rugs in cnoice ooior ana assigns, 4 s- e
t lOsOU
1.98
LACE CURTAINS Nottingham lace curtains, new effects, worth 14.50,
Monday
M "hsW4jbm:
I iltiV. A' at
-1
!
at
BIG MILLINERY SALE
25c I
lnllTlle! choice of any of our
These hats must ba sold en ihla Mnnria
to make room for holiday fura. It will
pay you to lnveatlaate.
Another Great Special Sale of COATS in Our
Cloak Department.
8ENSIBLE XMAS GIFTS. CASH OR CREDIT.
tX .00 JACKET FOR $10.00-Thls price fives i Montenao cloths, lined with hfavy satin,
you the choice of a bis; sssortment of beau- R"u that have the style of those costing
tlful Coats. 80 to M Inches long, made XrLtn MYIblllx a1H
from the finest .11 wool kersey and 11 mad. . ' 41U
200 STYLISH SUITS, Worth up to $25.00 and
$30.00, at $15.00
AH clever suits In cheviots and Scotch I shoulder capes, wonderful en a
tweed effects, long coat styles, lined with value for the money- R1 EC
htavy taffeta silks, large sleeves and I Monday kO 1 J
15.00 Walking 8klrt for $3.85. 110.00 SATIN LINED KERSEY COATS ' H 00
Great Holiday Sale of Furs
Fable or Isabella Fox Blngls Bkln Scarf I Double Sable and Isabella Scarfi
Flntahed with two large natural brushes, ' Sricld " 3 0(Our
6 00, .0U, SB.N, UO.W, Ki-i
Up to JlSaS.OU
-Same
S15
Tanscioia s genuine Sable Wolf very
finest, valued at taO.OO arsA
Our price iply
$10.00 Isabella Fur Scarfs, tf.ii
Ladies'
Dressing Sacques
SO dozen flannel
ette sacques, kimo
na atyle braid,
trimmed with yoke,
regular price 65c,
special sale price,
1
39c
'SS3F
PARNAM 5TOEET5. OMAItA
(TUB PEOPLB'S rVRHITCBB AMD CA UPBT CO.)
$2.50 WAISTS
TOR ?1.45
Made from extra fine
all wool casslmer.
full blouse front,
pleated anJ trimmed
large pttff cuffs.
Shown In black,
cream, light blue and
royal, red. Special,
this sale,
" $1.45
tectlon and Indemnity of .the mortgagee,
such mortgagee will have an equitable lien
upon the money due on a policy taken out
by the mortgagor although the policy may
run to the mortgagor alone.
' t Where a mortgagee assigns a mortgage
containing a covenant on the part of tne
mortgagor to keep the premises Insured
aa furtner security, and sgreelng that the ;
mortgJg?e may procure auch Insurance If
ine mortgagor tans to ao so, ana in mi
assignment guarantees the payment of the
mortgage Indebtedness, and thereafter such
assignor of the mortgage becomes the
owner of the mortgaged premises and
takes out Insurance thereon In his own
iitme to the full amount of the Insurable
Interest of the mortgaged property, and a
loss occurs while Ms liability as guarantor
of the mortgaged debt is still In full force,
the then owner of the morticage will have
sn equitable lien on the proceeds of the
policy to the extent of his Interest in the
property destroyed by the fire.
I. The fact that the statute of limitation
had barred a personal action against the
assignor on his guarantee of payment when
suit, was commenced by the assignee to
establish her claim to the proceeds of the
policy, docs not In any manner release or
Impair her equitable lien upon such pro
ceeds. 132JS. South Omaha against O'Rourk.
Error from Douglas. Reversed snd re
manded. 'Hasting. C. Plvlalon No. 1.
1. Kor purposes of taxation and revenue,
a precinct actually formed and organized
will be deemed a de facto organization
whether the meeting of the county com
missioners st which it was made was law
fully adjourned and held or not.
t. Where a nreclnct aa formed embraced
four wards of a city, each of which was
by statute made a precinct for taxing pur
poses, an assessor elected for snd exer
cising his office In all four of them, with
out objection and "with the acquiescence
of the people, is a de facto assessor in each
ward.
I. City taxes paid under protest are not
recoverable because based upon sn sssess
ment mad by such a de facto assessor who
was acting for all four wards.
13211 Jetter et al against Lyon. Error
from Burt. Affirmed. Barnes, C. Division
No. t.
1. Proof of helrshlD is not confined to the
records of the probate court slone. but may
ie estaniianed by the testimony of any ons
who knows the facts constituting such rela
tion. 2. A condition In a deed conveying real
estate, by which it la provided, "that no
malt, spirituous or vinous liquors shall be
kept nor disposed of on the premises con
veyed, snd that any violation of this con
dition, either by the grantee or any person
claiming rights under him or her, shall
render the conveyance void and cause the
premises to revert to the gxsntor. his heirs
snd assigns." la a valid condition subse
quent which, until broken, runs with ths
lund.
t On breach of such condition the gran
tor, if living, or If dead his heirs, may claim
a reversion of the estate snd can maintain
sn action In ejectment to recover It.
4. Record examined and held that such
light had not been waived by either ths
grantor or the plaintiffs.
UaO. Oelke against Shelf. Error from
Otoe. Attlrmed. Ames, C. Division No. L
1. A verdict of a Jury- from conflicting
evidence will not be disturbed In this court
because of being against the weight of evi
dence, and the weight and credibility of
testimony is for their determination ex
clusively. I The fact that a promissory note was
found In the possession of the payee at the
time of his death Is evidence that he had
not made a present of it to the maker.
g. It la not error for the court to instruct
a Jury aa to th legal algnlfti'ance of un
contradicted evidence or admitted facts.
K7J-' - Albers aralnsi Koseluh. Appeal
from Lsncastrr. Former Judgment adhered
to. Rarnes. C. Division No. J-
1. An affidavit for service of summons by
publication which contains no venue snd
does not disclose the county of which the
official before whom it purports to have
been sworn is an onVer. is void on lis face
and confers no Jurisdiction on the court to
render a decree of foreclosure against non
resident defendants.
I Burn void affidavit cannot be 'cured cr
made valid by resorting to extrinsic evi
dence when the validity of the decree ren
dered thereon Is assailed.
I. The ststute of limitations, ss to ad
verse possession, does not run against per
sons while under disability, such aa minors,
and an. action brought to recover an Inter
est in real estate within ten years after
they arrive st ths sge of "majority is com
menced in time.
4. Former Judgment in this case adhered
to. M N. W. Hep.. 1:1.
lT!vl. Mann against Oerman-American.
Investment, company. Appeal, Ad a me. Or
der district court vacated; action dlamlssed.
Olanvllle, a Division No. t
1. The holder of a contract purporting
U be for the purchase and eale of a dia
mond, issued by what is commonly cillei
a tontine company, is wot a stockholder In
such compsny, and cannot secure the ap
pointment of a receiver for such company
because of the mismanagement of its af
fairs by Its officers.
1 To the holder of such a contrsct who
has nnt rdu.-ed bis claim to Judgment,
and who has no Urn upon the property of
the nompany, has ne standing in a court
of equity La aa actioa to sequester or Lav-
pound The assets of such company.
S. Whether the holder of such a contract
can have "clean hands," aa required of
one who seeks the aid of a court of equity,
quaere? . .. ' , .
i-An erder of the district court appoint
ing a receiver for a corporation In an ac
tion wherein such relief Is the only relief
sought, will be vacated for want of au
thority in sucn court to m in , .
a. A prsyer xor' gencrwi inrei, ivvi
wun on, iui vuc -Ki" ......... '
only will not be considered ss a prayer
lor reiier oiner iutn ,
unless the petition states a good cause of
action for other relief. -
128U7. School District Omaha against Mo
Donald. Error, Douglas. Motion ovsrmled.
buiuvan, c j . , . : . ,
1. If a correct conclusion has Been
. a 1 nr. ., I'm ff PMMn.
rcacnea, even u? -..-, . - , .
Ing, the unsuccessful party is not entitled
to a renearins. ,
h li4. Russel sgalnst McCarthy. Apreal,
. , . . i . i V. f . TXvLInn
Moll. Amrmetr. ivii ayuum
Where, in foreclosure proceedings in
stituted by a county for the purpose of en
forcing Itstllen for taxes against real es
tate. It appears that no sale for such taxes
has been made by the county treasurer in
the manner provided by law, a decree en
tered In favor of the eounty, while er
roneous. Is not void, and if unappealed
from will be sufficient to divest the owner
of his title. .
j. Pleadings examined and held sufficient
to sustain the Judgment of the trial court.
1"94 Wistover at Co. against Van Doren
Iron Works Co. Error from Lancaster.
Judgment. Barnes, C. Sedgwick. J., dla-
."Vhe. provisions of the code relating to
amendments should bo liberally construed,
but one cannot mend an affidavit in at
tachment so as to stste a csuse of action
din. rent ftom that stated in the original
sffldavlt on which the writ was issued.
2 The statute provides that In an action
tried by a Justice of the peace, where the
defendant haa been arrested, or his Prop
ertv attached, the Justice shsll render
Judgment Immediately on the conclusion
of the trial; by taking such a case under
advisement by consent of psrtles to a
futurs day, in order to examine the evi
dence and briefs filed therein, the Justice
does not lose Jurisdiction to render Judg-
n,nVhere. on a petition In error, the
district court reverses a Judgment of a
Justice of the peace. It should not dismiss
the caso, but must set It down for trial,
as provided In section ??1 of the civil code.
1SA Lincoln Traction Company against
Moore. Error, from Incaster. Reversed.
Barnes, C. Division No. t.
1 Questions not presented to the trial
court by the motion for new trial and
which are not mentioned In the petition
in error, cannot be considered by this
Ct.'rin sn sctlon for personal Injuries due
to "the frightening of plaintiff s team by
the alleged negligent operation of a street
car In running the same carelessly and
negligently st a high rate of sped and
where It appeared from the testimony of
all of the witnesses that the car was go
ing slowly, that the motorman slowed It
rir wn and stopped it aa soora, ss he sSw
that the team was becoming frightened,
no inference of negligence arises snd a
Judgment for plaintiff will be reversed
fur want of idanee to sustain It.
UliJ. Scheie sgalnst Scheick. Appeal
from Buffalo counlv. Reversed with Inst
Hastings C. Department No. 1. Unreported.
1. Evidence found to contain nothing to
support a finding that defendant at the
time of alleged violations of inatcrisl duty
was not accountable for her actions by
reason of mental weakness.
11ST7. State ex rel Young against Royse.
Error from Custer. Affirmed. Oldham, C,
Department No. t Unreported.
j city authorities will not be required by
mandamus to levy tax for watsr aurply In
excess of limit on such tax existing at
time of contract. State against Wahoo, CI
Nb. j. foie'wed snd approved.
1J14S. Ametlcan Order of Protection
against Kianlev. Error from Valley. Af
firmed. Glanvllle. C, Department No. t
lSia. Harnett against Holdregs. Error
fn.m Dougias county. Affirmed Barnes. C,
Sullivan C. J. (concurring. Unreported.
1. An snswer which is not attacked by
demurrer or otherwise, as faulty, defective
or insufficient, and to which no objection
Is made until the defendant offers his evi
dence on the trial, will be liberally construed-
and If. under thla rule, it can b.
said to state a defense it will be sustained,
and thereafter treattd as sufficient for sll
P tlesdlngs examined, snd held, thst tha
answers of eaeto of the defendants sre suf
ficient to state a defeat to th plaintiff's
petition.
a. Writing th words "For value received
we hereby guarantee th payment of the
within note, and waive presentment for
payment, demand and notice of protest."
1-4 t l 1.1 w. Ik. haw-W
Dt a promissory note is a material altera
tion Of tne IISDiiuy or ine inaoraer. ana,
if done without bis knowledge or consent,
releases him from his obiliraUun as sucb.
4. W riting ths words "This note to be ex
changed for oonso'ldated nortise bonds
of Nebraska snd Northwestern Inigsttoa
Company whea iaued at ." acroea the
(so ttt a promissory awU alts tt ttaa been
Sii sbi wm wmsm Rii RBI ill hp
IK
f I
m
m
mi
Our customers are entitled to a full understanding of the Trading Stamp WAR that is now on
In this city.
The idea of a cash discount to cash buyers is a settled business principle that has long been
recognized in WHOLESALE business circles. It is only fair and just that the RETAIL buyer
who pays CASII should likewise nave a discount that should not be given to the retail buyer who
buys ON CREDIT. It is this idea that we propose to introduce into Omaha merchandising. We
are running a cash business and we propose that our cash buyers shall have the benefit of their
cash discount with us whether others are willing to give such discount or not OUR WORD IS
GOOD.
In seeking to put this idea into practice we made arrangements with the SPERRY & IIUT
CIIINSON CO. to give their Trading Stamps in Omaha. We did not contract with them until we
had thoroughly investigated their standing and tht?ir business methods and satisfied ourselves
that through their system we could give to our customers the LARGEST MEASURE OF RE
WARD FOR THEIR CASH TRADE. Accordingly we entered into a contract with the Sperry &
Hutchinson Co. in good faith, AND OUR WORD IS GOOD.
Shortly after this we were visited by a delegation informing us that the Trading Stamp Co.
would-not be allowed to do business in Omaha. We assured this committee that we had pledged
our co-operation to the Trading Stamp Co. and in this OUR WORD IS GOOD.
NEXT, the Business Men Association appointed a committee, who employed a man to call
on the retailers of the city and to pledge them against giving Green Trading Stamps. The chair
man of this committee had himself been giving premium coupons in his own shoe business for a
number of years and is doine so today. Evidently he thinks that what is good for him is not
good for his competitors. BUT OUR WORD IS'gOOD.
NEXT. th Coniinercinl Cltih, in solpnin session, resolved thut Trading- Stamps were pernicious and shonld not be
allowed to circulate In Omaha. By this time we had promlswl Trading Stamp opening dny and we opened. OCIt
word is noon. ,
NEXT, the retail procers were calli'd ttlier In secret eonclnve. and by unanimous Tote decreed that Trading
Stamps must po, but Trading Stamps will not go. and OUR WORD IS GOOD.
NEXT .the Retail Orwers Asuoclntlon presented an ultimatum to the proeery Jobbers of Omaha In r-blch It wna
decreed that the .obls?rs of Omaha xhould not sell to any firm giving Trading Stamps except for cash, and should not
deliver to such flrms except at their own platforms. The Wholesale Grocers deliberated, consulted with us. and asked
tia If we could not give up Trading Stamps. We told thetn "Xo. our customers have our promise, AND OUR WORD
IS GOOD." . .
But Isn't It funny that these "2 by 4" retailers should demand that this big house should Incur the enormous dls
edvantage of buying for cash? Why, bl ess their poor hearts! that Is Just the reason we beat them all out We buy
more goods for cash than any dozen of them put together. We are running twenty delivery wagons on the street erery
dny. and hare more waeons hauling goods Into our store erery day than all of them put together. This is the bl-rget
grocery store west of Chicago. We sell more groceries In two weeks than our entire grocery stock will Invoice. That
Is why Bennett's goods are always fresh and pure. Our trade la the most desirable grocery trade In the reach of the
Omaha or-ny. other Jobbers. That's why the Slonx City Jobbers have put In a resident salesman here today and are
goinc to put In a ware house. That's why the Chicago Jobber tells us to telegraph at Ms expense and ewry order will
be sent rush and the freltrht will be taken care of.
We sell today OXE-FIFTII OF ALU THE GROCERIES SOLD AT RETAIL IX OMATIA and before this Trad
ing Stamp war Is over we will sell one-half. If the capacity of our building will let the people In. THE TRADING
STAMP WAR IX OMAHA IS ON. andwe beg hereby to notify the Retail Grocers Association that the Bennett Com
pany will continue to run its own business in Its own way, and the first lesson that we want them to learn is that OUR
WORD IS GOOD.
Trading Stamps With All Purchases at Bennett's
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Indorsed In blank without ths knowledge
or content ot the tndnrsers, is a material
ehacge ft tha note, and releases such in
do leers from any llibliity thereon.
6. A blink ivdo-ser ff a proTla-ry notj
payable to the order of the maker thereof,
wiilch la In or-Ki by auch onaVer and after
wards is de Ivered to a third person as
payee, in sbaenoe of any special acreement
to the contrary, .lieoomes liable thereon ss
Second ndorsr snd will not be held U bo
S Joint maker ef the note.
. Kuch a aote creates no obligation or
liability as l aa oaa until ll is put la
circulation by delivery to a third person aa
payee, and. although the payee endorsee
the note first, one who writes his name
In blank on the back thereof before de
livery, assumes the I abl Ity of an accom
modation indorse! only.
T. Kecord exr mined, and held, that It
contains no reversible error In tba adinis-
! siou or execution of evidence.
I S. The indorser of a promissory note on
I which suit has b- en brought by the repre.
: sentatlve of a dereaaed person. Is a compe
tent wltneaa la his ows beaaif, aod may
testify aa to ths eondltloo of tha note when
it waa indorsed by him.
t. Such a wiwesa may testify as to any
matter which doea not Involve a personal
transaction or conversation between him
self and ths deceased person.
iu. one ia not leccver as for money
lotned. on a petition which charade the
defendants with no other llabl.lty than that
of indorses of a promissory nots.
11 Assignments of error not argued
orally or In the plaintiffs brief, will be
oornduied waived.
UM. I re appiioatiaa at Wan. M. Camp-
tloa for a writ of habeas corpus. Orl
inal writ denied. Albert. C. l vision H
1 I'areported. .
1. la a bastardy proceeding, a com pi ill
in which It is stated that the cnmplatna
ie an unmarried woman, residing in tl
county where the romtdilnt was cled, si
that on a certain day Immediately preie
Ing 't. riling, she was dellverei of a bastaj
child, and that tlie ao-uaid is Its fatlia
la sufficient to sut,ln a terJIct of g Hit'
and a Judgment thereon when asaalUd ft
the first time in the api'-llaie court. Wn
towing Cami'lan against La.lraer No. 1J1
