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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Feb. 4, 1904)
TI1E OMAHA DAILY BEE: THURSDAY. FEBRUARY 4. 1001. TURN IN JONES WILL CASE Surprise ii Sprung by Heira Agreeing to Settle Litigation. eaaasaaaaasCaBS ATTORNEY TOR PROTESTANTS DISSENTS A.. O. alllrk la Made Admlililratir to 4 B. N. Robrtai, Who Dealea Mrs. Jeaes Was ladalr laaaeaced. New and unexpected revelopments In the littarllatlun Incident to me probation of the will and codicil -of the late .Bophronia Jones, widow of A. O. Jones, Omaha's first' postmaster, occupy the attention of the county court. The heirs signed an agree ment to drop the ault, but counsel for the protestants oppose this. The petition asking for the probation of the will and codicil was filed in December and the bearing in the case has been put off from time to time, Tuesday morning being the last data named, but at that time Judge C. A. Baldwin said he was not 'ready since he had not been notified that other parties In the case had Intended to introduce certain affidavits and that he should bo given time In which to inspect' tkem so as to be ready to conduct fen examination of witnesses orderly and In telligently. Cpon hearing this objection Judge Vln sonhaier granted a atay In the proceedings tintll this morning, but when the attorneys appeared In court today It was found that the heirs to the Jones estate had been In I'Onferenco with theln attorneys Tuesday evening and at that . time had signed papers looki.ig to an amicable settlement of the case. ' - Baldwla Is Barprlsed. Judge Baldwin was greatly surprised to learn of tale proceeding. He at ones repaired to his office to tslk over the matter with his clients and the statement waa made that an effort would be exerted to hare the agreement which the heirs had signed Tuesday evening annulled and declared void and have the case proceed before Judge Vlnsonhaler In accord with , the agreement reached Tuesday morning. ' Judge Baldwin and his clients were ex pected to make a report to the court dur ing the morning, but up to noon the various attorneys and heirs waited listlessly about the court house, but Judge Baldwin failed to put In an appearance and what disposition will be made of the case la now a matter of conjecture. I A. t. Jonea and , hie wife, Bophronia Jones, previous to their deaths, drew, up wills which were Identical In every partic ular. The sarr.o legatees were named In .each will. If Mr. Jonea died first his prop erty was to pass to his wife and vice versa', and after their death the property was to pass to certain heirs which had been named ss legatees under the wills of both the hus band ar.d the wife. Mr. Joaes Dlea first. Mr. Jones died first and tha property passed to his wife. Just previous to her death, Mrs. Jonea at that time being nearly M years of age, drew up what Is alleged to be an Improvised and Improper codicil wherein certain other partlea than those named by both Mr. Jones and Mrs. Jones In their Identical wills were named aa lega tees of the estate. When It cams to a hearing on the petition asking for tha probation of the will and codicil both were protested on the ground thst Mr. Jonea hsd been under undue In fluence at tha time she drew up the codicil. B. N. Robertson had been named as execu tor of Mrs. Jonea' estate and was on hand Tuesdsy morning prepared to make a refu. tatlon of the charge that Mrs. Jones had jeen unduly Influenced. , Tuesdsy evening, however, the heirs named In the will were got together and Induced to sign pspers looking to a settle ment of their differences and putting em end to tha controversy by consenting to the probation of the will. Expressions of dls satisfaction with the executor wero voiced, however, and A. O. Elllck was agreed upon - But now that' Judge Baldwin and his client have changed their minds about the agreement which was signed Tuesday even ing, It Is expected the case will be con tinued and that the protest against the probabtlon of tha will will be urged before the court- In an Interview with Mr. Elwood after the announcement of the verdict he said: My view of the finding In embodied In the sentiment expressed to me by a rroml nent member of the presbytery; 'This Is a complete vindication of Klwood, for the presbytery did not dare punish you In any way, because you are too uarf uf a man." NO AGREEMENT ON MINE SCALE Both Miners and Operators gapposed to Be Dow a to Their l.aat INDIANAPOLIS, Feb. .-After another day of argument no agreement has been reached by the scale committee In the Joint conference between the miners and operators In the central competitive dis trict. The operators have abandoned their specific demsnd for a 15 per cent reduction in wages, but Insist on a "substantial de crease." The miners have, It Is under stood, decided to abandon tselr first de mands and .will agree to a compromise, renewing the present scale and contract. A subcommittee of sixteen has been- ap pointed consisting of two operators and two miners from each of the four districts. Both the operators and the miners believe that the two sides have coma down to the lsst concessions that they will make at this time. The general belief among the operators Is that the miners will make no further concessions and that even If their officers and scale committeemen should re port back to tha 667 miner delegates from the four states, who are being held In In dianapolis, a recommendation that a E, t or 10 per cent reduction in wages be ac cepted the recommendation would. be lost on a roll call vote. ' Officials of the. miners claim this evening that the operators of Ohio, Illinois and Indiana have agreed to their propositions to renew the present scale, but that the operators of Pennsylvania are making vigorous objection. Dispatches from Trinidad, Colo., stating that the United 'Mine Workers' union has withdrawn financial support, from the strik ers In the big strike in Colorado and had repudiated all bills and contracts of the district officers were shown to President John Mitchell of the United Mine Workers' union today. He said that contrary to the report from Trinidad, the organisation, in the convention that had Just closed pro vided for more funds and for more liberal support of the Colorado strikers. He said that there waa no truth in the report. THREAT TO DYNAMITE ROAD Blackmailer Makes Deraaal for Tea Thousand Dollars from the Lehigh Valley Roato. HAZLKTON, Pa., Feb. ..-Details of an alleged dynamite plot along the Lehigh alley, railroad, twenty miles north of White Haven, came to light tonight. T. H. Plndell of Wllkesbarre, superintend ent of the Wymorlng division of the Le high Valley road, Inst week received an anonymous letter aaylng If $10,000 was not deposited at Lake Btatlon on the Wllkes barre mountain between 1 a. m. Saturday and the same hour Sunday morning that section of the Mine would be blown up. Sheriff Albert Jacobs waa notified and ho, with a posse, patroled the tracks twenty four hours, but no attempt waa made to carry out the threat. A guard Is still main tained by the railroad company ., between Fair view and Lake Station.' CAUTIONED TO BE CAREFUL Verdict la Caso ' of Rev. Elwood, . Whoeo geraaoa Is Alleged Havo Caased Lyaehlagr. WILMINGTON. Del., Fob. I. -Be v. Rob art A. Elwood, pastor of tha Olivet Presby terian churcn. of this city, who waa tried today by the Newcastle presbytery on charges growing out of the aermon entitled "Should tha Murderer of Miss Helen Bishop Be Lynched." i waa found guilty of three of the specifications brought against blm. "A committee of five waa appointed to fix punlahment, and at a lata hour tonight tnia committee, after some deliberations, teoommerujea tnat Rev. Mr. Elwood ba cautioned to be mora careful In tho future, If You Have These Symptoms , . . Send for My Book. yoa want te fael kettar. If 7 aat mnrm straagta, I tow lack ambltloa. If taa't tslnga Ilka aa saaa te. If you lark eangilaate la yeuraalt. If year Bar raur eoura la tearing yau, . If feu Uok vim, vigor, vitality. It eoautkint la aaiing aar roar cosMltutles. anil ta m for tha book oa naag. Tha hook talla of sir iiacovarr. Tails saw aftar iwi inn ibs cauaa a ibvaa aymaloma. sag aajr sthera, glvaa asoia. Tk kaak talla haw by a.laatiaa rim..t iraoa out the eauaaa thai krlag aa rhroulo gi a )( talla ka 1 srlaac4 a; sraacrlpUos Dr. Skoos g 1 found Uvartakly that arkar tkara aa a b aaaa, Iba taalda aarvaa wara aak. Wkara thcra aa a lark of vltalltr that tha vital i-..t. riowar. Whar vaak ergana wara luuaa, 1 alwara Mia4 vraak sarvaa. Not tka sarvaa ronunauiv IksvgM f. bat tka vital arcana' sarvaa, tka taalda Ua iBvlalbl aarvaa. TkU via a revalatiaa. Thea air rati awcoaaa bo- Tkaa I rsmMnad - Ingraglaata that ' wauld atreagthaa. that would vllallu ikaaa -r a mrmtcnmnmm I tallad a raataratlva. It la kaowa tka world avar bow aa Dr. Bkooa'a ftaworatlva. Attar that I did aot fall to euro eaa caaa la aarh kua drd. la tka eatraMalr dlfecvlt caaaa mr falluraa for svw rears wara aaa la aark forty traatad I found usnear iaasrable. Casoar Is for aurgarv aot aaadlclaa. '' Thaa kaw to got tkla eroacrtpllon ta alrk enaa ar wkara waa mf thought. I muat aaaouacw it la tka fwhlla Sraaa. But, thought I, will tk.r raal laa tha truth of HV diaro.rv I K- " -. lie. skaos'a Raataratlva? Thaa a war ia to ma mm riraiioa. i win asar it to tha aick oa trial. Tkaa th.r will know I am alnrar I wrata a rallabla druggiat ta aack tttr and vlllaga ta Aaianra. Tkar agraad te ce-oparate wltk aia. . -w pj maj mi IH Dr. Snoop's Restorative Caa ba takaa aa trial. Par a full aaoatk I will let torn use It eoilralr at mr rlak. S4 aa atoaav. Juat writ ma for tha 'hook yoa aaad. Wkaa I aead It I will tall vou at a dmggh oar hr wka will warnlt tha nanik'a trial, laa tka ftaatarallvB a month. Thaa d.tn. If n Mr to tka diuggiat "It did not hvlg bm." that will ra liava vau ml say uaaaaa wkatavar. Ha will bill tha aoat ta bm. Tkia la war of clearing your sitad of all doubt ea to wkat Dr. Shoo a Haatormtlva caa da. Na knattr kuw arajudiroa. you tanaot dlawito thin ah. aulut aararlty I olar. You caaaoi taalat aa oBar una iBia vi you or at an aara. If you kava s waakanaa. writ tae. If you n uiBga iiae raa aaaa ta a thaa, tall aa about Writs la aoatdcaea. Aa a bkratcUa I will tall r "-r uu mr aoog sow today. lakDly auta whka ok 1 aa Dyapasaia. soaa) yaa wast aad ae Boo M m. Kidaoi draag Dr. Sfcaaa. Bag 4 for W.aaau. btild naaaa, aot ckrwara. ate ettaa cmrad wltk aaa ar BRIDE AND GROOM ARE DEAD End 1,1 fe Because Parents Disapprove Marriage aad Turn TBem from Homo. SAGINAW, Mich., Feb. S.-The wedding here last ' week of Corporal Charles A. Vaiols of Company H. Twenty-sixth t'nited States Infantry, and Miss Mabel Stelner hod a traglo climax last night when tha young couple took poison In a rooming house on Franklin street. Mrs. Valota Is dead and her husband Is In a critical con dition. The match met the disapproval of the parents of the young couple. They left a letter saying that their parents had turned them out and they had no place to go and had decided to die together. 'FRISCO EXPRESS DITCHED Eatlre Train Except Eaglae aad Dlaer Goes Dow a KBSbaakmeat, hat Paaseaajerss 'Escape. BIRMINGHAM, Ala., Feb. t.-It Is re ported here that a westbound train on the Frisco, leaving Birmingham at 12:30 today. was aliened near Tupelo, Miss. Every car left the track and rolled down an em bankment, 'except the engine and cafe car. Assistant superintendent'! office has no further Infornr.atlon. No one was killed. but several persons were Injured. SEASONABLE FASHIONS DISPUTE OVER JURISDICTION Fire and Polio Oomoiiuioneri Repel leged Encroachment of Oonnoilmeo. SAYS LATTER WANT TO CHANGE HOURS Desire to Carry Political Faroe with Firemen Ascribed ta CoaacIL aaea Areased of Over stepping- Boaads. A clash between the council and the Board of Fire and Police Commissioners Is threatened because of the activity of sev eral councllmen in their anxiety to make friends with the men of the fire depart ment. The point of difference Is the mat ter of Jurisdiction, and members of the board have declared tl at they will seriously resent any more Interference In what they can their domain. The latest factor that has contilbutcd ta this feeling Is the encouragement offered by Councllmen flchroeder and .Evans to members of the fire depnrtment who want a different method of apportioning the twenty-four hours off duty each M.)n Is allowed a week. At present tho day Is divided Into three ahlfra, two of six -hours each and ope of twelve. The flrtmen, tr a number of them, want two l.iy-olts of twelve hours each, Councllmen Bchriedr ami Evans have advised the men to get up a petition ard present it to the .council. It is said, with tha assurance that favoraliH) action will be taken.. Board Opposition to Plan. The board, on th other han1, believes that such a illvls on of tl"J "offs" would result In a partial demoralliatlon of the service. Inasmuch as the hours are now arranged as re.com men tied liy'Chlaf Salter, who does not like the proposed change. Recently the council "dlppel in" lire de partment matters bv ordering In ft number of stoves and hot water apparatus In the Various houses, without coiiHiilting with the commissioners. Said one of the lat ter: "There Is altoa-thor t.ia much desire on the part of some of the councilman to curry political favor with the firemen. At every opportunity they seem Inclined to step In and make thljf or that provision for the 'benefit' of the men. without asking the board whether or not it ' Is for the, best Interests of the service. Hevcrnl tasts of this kind have been allowed t? go un noticed, but this last proposition Is cutting In too deeply, we feel The council, should It attempt to regtilaie the hours of the men, Is stepping altogether too far, and such lnterf-3-enca will net ba submitted to." " LADIES' DRESSING SACK. No. (019. The dressing sack Is ona of ths most important articles In a woman's ward robe and, having onea learned their use, no woman will be without a few pretty onea, that may be hurriedly slipped on in the early morning or perhaps for after noons at home when ona feels that a tight dress would be uncomfortable. In- the pretty dealgn shown here tho chief char acteristic la the square collar with stole ends. Thla charming feature gives breadth to tha shoulders and the stole effect In front overcomes that square appearance that so often makes one look "dumpy" in a dressing sack. The fullness In the front Is given by pleats on tha shoulder and the bark may bo laid in a Watteau pleat or gathered The aleeva may be In flowing or bishop style. For a simple, yet pretty, dressing sack this la an admirable model to follow. Not only are woolen goods and silk suits- able to tha mode, but It is deairablo for "tub" dressing sacks. Made up In red at bat roes with cream-colored laos. It Is very directive fc-rid stylish. Blses XI. 34, K 38. 40 and 43-lfich bust SUPREME COURT SYLLABI The following opinions will be offldally reported: 13241. Vogt against Dany. AppVal from rhurston. Reversed Instanter. Klrkpat rlck, C. Division No. 3. If the plaintiff in an action die after judgment, but before satisfaction thereof, no valid execution can be had upon the property of tho judgment defendant until the ludanTient has been revived In the man ner provided for in section i'i of the Code of Civil Procedure. 13254. Van Antwerp ac&lnst I-athroD. Er ror from Custer. Affirmed. Hastings, C. Division No. 1. 1. Although it la only inferentlallv alleged that the Issue of payment was raised In a foreclosure case, yet a petition for a new trial states good ground for such sctlon which sets forth a fraudulent erasure of a cancellation of a mortgage and prjury by the prevailing party as to the cancellation and the erasure of It end due t'lllgence bv tbe other party end Inability to discover It a time ror tne trial. I. where such a r-etltlon Talis to set forth that the facts were not discovered within two years of tha trial, and fails to show any reason for extending tne two years anowed by statute for setting aside judgments for fraud, equity Is powerless to relieve. iMKt TTull aaalnat K. C. & O. R. Co. Er ror from Kearney. Affirmed. Oldham, C. Division P.O. i. 1. Where a railroad comrjanv purchases land by warranty deed and uses It for right-. of -way and aepot purposes, u nas me ex clusive right to the possesaion and use of all of such lands as against the owner of adjacent lands. 2. It Is for the rsllrosd company and not for the adjacent owner to determine how much of these lands Is recessary for depot and right-of-way purposes. 1Z1R1. tiranain sgainst nrt xaiionai Rank Chicago. Appeal from Douglas. Af firmed. Redswlck, J 1. A plaintiff who has obtained an attach ment n nou r ner I lie real estate In this state. and recovered Judgment thereon, may main tain an action in equity to set asme a fraudulent conveyance of the real etate by the judgment defendant without the issu ing and return of a general execution upon such Judgment. 2, In an action In equity to set aside a fraudulent conveyance of real estate in this state, and enable the plaintiff ta enforce his attachment and judgment tnereon against the land, amendments to the peti tion, alleging that the judgment defendant had also fraudulently transferred to the same grantee all his property situated be vond the Jurisdiction of the court, but not describing snv or ine property so Trans ferred or otherwise identifying It. will not give the court Jurisdiction to subject proo erty and assets outxide of this state to the psvment of the judgment, no general exe cution upon atich judgment having been Issued and returned unsatisfied. I. After olalntlff In attachment has re Mvanil ludetnent and an order for the sale of the attached real estate, and has begun an action In equltv to set aside a fraudu lent convevanee of the real estate, the d's rharge In bankruptcy of the judgment de fendant will not oeteat sucn action. 4. Tf such action be set aside a fraudulent convevanee Is pending for sev-al year. It is not a defense that the bolder of the let-Hl title has mo.de valurie improvo- ments thereon, while the action was pend ing", being led by the delay In brlnrlnr hB action to trial to sunnnee that plaintiff's claim would be abandoned. f rnon an aposal In equity this court ill t-v the Issue de novo, end will tiot he influenced In Its deHslon bv the flnd Inra of tb trlst enrt hed lino darl tlon or other written evidence. The con clusions of tb trie! court, derived from the consideration of the evidence ' wit nesses examined In the rresenc of the court, will not he res-arded. unless iitvin thm -hol vecorrt. l vl"" 'he "ai''" of the trial court In welshing such evi dence. t"v spr t he TIM. FeulKnor lnt Sims. Nebraska 4. N. W. Report, V. (. Evidence In this ease round to support th wne-al flndlnw of the trial cou-t. HITS. Reef' arslnst Heed. vne't m tmig'se. Affirmed. Barnes, C. Divlsltn No. i. 1. An seftcn to flteivpe vtrAne-tv H'ia not grrcwlr otr ne the m-rlg- "-IntlnTi ef-. h JnlnciJ with an , r H n for Z. - i '- jucn ruieea or potion a r inini n s r-etllnn. s -imtirrr thereto for rcts- 1onrt.r of causes of action should be sus tpd. In a suit ti a marr1e i" rlna bis wife tn deHa-a a. rut In his fivor In -eat c vhlfk a-- I- n no.'-wloi. UVA , V, . .V. '---! . C-- For the accommodation of The Bee read era mesa patterns, vnlca usually retail rrom 10 av centa, wiu bo rum la had at I nominal prion, ie cants, which cover an ax penan. woar to got pattern enctos caa is. give auatfxr aad nam oi pa Kara. at 11 to quiet the title thereto In himself, the husband Is not a competent witness. 13-71. Rei-d against Heed. AppeHl from Douglas. Affirmed Uarnes, C. Division No. 2. , 1. What sum the husband may be re quired to pay his wire during the pend ency of a divorce suit ss temporary ali mony expense monev and counwl fees, to enable her to properly defend the action are matters within the discretion of th district court. J. Whtfro a petition for a divorce con tains a second cause of sctlon for the settlement and adjudication of property rights, not growing nui of the marriane re lation, a demurrer for misjoinder of causes of action should be sustained. 3. After a demurrer for a misjoinder of causes of action has been sustained and the plaintiff files a new petition and again inserts therein alienations relating to the second cause of action, a motion to Ftrlke such allegations should be sustained, and the objectionable matter thus eliminated from the pleading. 4. It Is entirely within the sound discre tion of the district court to require the husband to pay the sums of monty allowed tha wife aa temporary alimony and counsel fees in a divorce etise to enable her to make a proper defense, as a condition pre cedent o the right to further prosecute his action. And an order reottlring such payment does not conflict with any right guaranteed him by our constitution. 13282. Brumbaugh against Jones. Appeal from Lancaster. Affirmed. Barnes, C. Division No 2. 1. A creditor, whose claim has not been reduced to Judgment, and who haa neither a general nor specific lien on his debtor'g property, la not entitled to have such prop erty Impounded ss security for the claim, nor Is such creditor entitled to an Injunc tion restraining his debtor from disposing of some or all of his property. 2. Mere Insolvency and Inability to reach a particular fund by garnishee process, are not sufficient to take a case out of the general rule above stated. 3. Whenever, on the trial of a creditor's action, it appears that the plaintiff has a remedy at law, the equitable proceedings should be dismissed. 133K. Cady Lumber Co. against Coriklln. Appeal from Douglas. Affirmed. Duffle, C. Division No. 3. a 1. Where materials are furnished bv a sub contractor to the head of a firm having the contract for the erection of a building, and In Its statement for a Hen such subcon tractor names only the Individual member of the firm with which It dealt as the con tractor, and where there Is nothing to In dicate that the owner or other parties claiming Hens on the premises were misled or Injured by the failure of the subcon tractor to correctly state the nrm name or the contractors, such subcontractor's Hen will not be held invalid because of such error. 2. A subcontractor's netltldn to foreclose a mechanic's lien need not allege that there Is anything due from the owner to the original contractor JA(30. Farmen and Merchants Ins. Co. against Warner. Error from Boone. Af firmed. Duffle. C. Division. No. 8. Where a doIIcv of Insurance contains a clause permitting the company to repair an injured Duildlng Instead or paying the damages sustalnd in money, its option to repair to be exercised within sixty days from the receipt of proof of loss, and where the company by Its conduct waives tne proor or loss stipulated by the policy, In such case the option to reoair must be made within sixty days from the dat of Its waiver of proof of loss. 13339. Chicago. Burlington & Qulney Rail road Company against Krayenhuhl. Krror from Merrick. Remittitur. Oldham, C. Division No. 1. 1. It is only where all peremptory chal lenges have been exhausted by the party complaining that a ruling of the trial court upon a challenge of a juror for cause can be reviewed. 2. Rulings of the trial court In the ad mission of evidence examined and held not prejudicial. S. Where from the deposition of a wit ness It appears that he Is a nonresident of the county. It Is unnecessary for the party offering the deposition In evidence to prove that such witness Is not present In court or In the county. 4. In an action for personal Injury It Is not error to permit plaintiff to exhibit his Injured limb to the Jury. 5. It Is customary to permit attorneys to comment, upon the absence of wit nesses, or their nonproductlon, when they are shown to be cognizant of the facts in Issue. It Is a mere matter of argument and may be discussed by either side, trusting to the good sense of the- Jury to properly estimate the value of such argu ments. 6. Alleged misconduct of counsel In ad dressing the Jury must be objected to when tne' language Is Issued and a ruling of the trial court procured on such ob jection and an exception saved to the rul ing to make the objection available in this court. ' 7. Action of the trial court In giving and refusing instructions examined and ap proved 8. In an action for personal Injuries where substantial damages are proven but the verdict of the Jury appears to be excessive, the error must be corrected by a proper remittitur of the excess directed by the district court or by this court on a pro ceeding in error. i 9. Quantum of damages examined1 end held excessive and a remittitur of $3,000 directed. 13318. State Savings and Loan Association against Johnson, iiror- from Lancaster. Affirmed. Hastings, C. revision Nb. 1. 1. An appeal bond signed only by the Judgment debtors. If approved by the Jus tice rendering the judgment, Is sufficient to confer jurisdiction on the appellate court to have the defect corrected. 2. Tho sustaining: of an objection to Juris diction In the appellate court and dismissal of tho appeal on the account is harmless error where the objection Was pending for no offer or application to be allowed to furnish a sufficient bond. 13369. Vradenhurg against Johnson. Ap peal from Douglas. Affirmed. Barnes, J. Technical objections 'on the confirma tion of a judicial sale, where the matters comnlalned of are not shown to have re sulted in any prejudice to the rights of the person making the oDjecuona, snouid be disregarded. 13375. Nebraska Land and- Feeding Com pany against Trauerman. Error from Cherrv. Reversed. Barnes. J. - 1. The matter of permitting the filing of amended pleadings at any time during the trial Is confined to tbe sound discretion of the district court, and unless it clearly ap pears that the court has been guilty of an abuse of such discretion Its orders in that behalf will not be disturbed. 2. Where a contract of sale has been consummated by writing the presumption Is that the writing contains the whole con tract and In absence of fraud, mistake or amblBTUitv of exnresslon In the contract Itself parol evidence is lnadmlssable to change or vary its terms. 8. If an Instruction be given not called for by the evidence and which appears to have - a tendency to prejudice the party complaining a new trial will be granted. Tito following opinions will not be offi cially reported: lffi61. Bauer against Taylor. Krror from Douglas. Former judgment vacated. Re versed. Klrkpatrlck, C. Division No. ft. Unreported. 1. Where one has made representations of fact Bbown to be false upon which the other party has relied to his damage, the intent or good faith of the party making the representations Is Immaterial In an action by the injured party to recoup his damages, or In an action by the former -where the latter pleads the fraud of the plalntirr as a nerense. 2. Rulings of the trial court on tho ex elusion of evidence. .Held, erroneous. I. Third and fourth paragraphs of tho gv Nanus in roriner opinion nioomed. 13287. Woodruff aaalnst Welton. Error Lancaster. Reversed, Judgment. Ames, C. Division No. 1. 1. Unless the statute regulating the let ting of contracts for the furnishing of county supplies is strictly complied with the proceeding and consequent contract will be void. 2. A resident taxpayer, without showing any Interest or Injury peculiar to himself, may enjoin illegal expenditures by a pub lic board or officer. S. In an action by a resident taxpayer to enjoin an Illegal expenditure by a pub lic board or officer the pbiintift will not be required to show whst tbe amount of the expenditure would have been If the luw had been obeyed. Fan (B ALL STAR PERFORMANCE mV 7 "yyORTH $20.00 a seat ir given in an Opera House. . You can give it in your own home with an Edison or Victor Talking and Singing Machine for a few cents a performance. The greatest songs of thfse nrent artists: FROM S1S.OO UP a Tamagno Caruso Calve Plancon Scotti Adams Dclmas Giraldoni Dc Lucia Acktc Garbin Rcnaud Michailowa, Dc Luca.Battistini.Kristmann.Notc, DcLussan.Campanarl AUn VXrkf-IH'ax. firpntpat llanHa wur urear lerms NOTHING DOWN THE BEST OFFER YET. Pay us for records snd take the phonograph home, ' beginning to pay for It 30 days later In easy Installments This offer is made to everybody. Most complete stock of records in the west ALL KINDS ALL PRICES. WRITE FOR CATALOGUE Nebraska Cycle Company, Geo. E.MICKEL, Alanager. 15th ahd Harney Streets. Telephone 1661. Ay 9 Cherry Pectoral ejfm I had two patients in the last stage of M consumption. I prescribed Ayer'sCherry U aaw Pectoral, and today tbey are well and able to do their daily work."--tr.JC. C. Almond, llortepen, W. Va. : You can hardly find a homcwithout this splen did cough medicine. Parents know what it does for children : breaks up a cold in a single night, wards off bronchitis, prevents pneu monia. Wise physicians advise parents to keep it on hand; wise parents follow the advice. ate, Ms, $1. aUarmgglata i. O ayes Oa., Leweil, Mass. Hidden City Contest There are the names of a number of cities both in the eastern and western hemispheres in the Wafit Ads in The Bee. Prizes will be awarded to the per sons making the largest and most correct list according to the followi?ig conditions Head the Conditions carefully. I . 1 ' CONDITIONS: JaJJat Take a sheet of paper write your name and address at the top cut out the ad paste it on the sheet un derline the name of the city, and underneath the ad write the name of the state or country in which it is ocated. If the name of the city appears more than once it is only 'necessary to put it down once. Do this for one week, beginning Monday, February 1st, and ending Sunday, February 7th. Do not mail , your answer until your list is complete, including the names that appear in the want ads in the issue of Sunday, February 7th, otherwise your answer won't be counted. If you use more than one sheet, write your name and address at the top of each sheet, mark the number of cities found and underlined at the top of each sheet. The first prize will be given to the person making the largest most correct list the second to the next larg est, and so on. In case of a "tie" the person sending in answer first aa shown by postmark on the envelope Wll be given preference. 1 n All answers must be sent by mail, and no answer will be considered which is mailed later than Monday, February 8th. , i No one- connected with The Bee Publishing Co., will be allowed to compete for a prize. ...List of Prizes... lt CASH 2nd CASH Ird CASH 4th CASH 6th One Year's 6th One Year's 1th One Year's th Ona Year's 9ih One Year's 10th New Books 11th New Books 11th New Books ISth New Books 14th New Books 15th New Books Subscription Subscription Subscription Subscription Subscription and novels, and Novels, and Novel, and Novels, and Novels, and Novels. The Tha The The The Metropolitan Magailne. Metropolitan Magasine.. Metropolitan Magasine.. Metropolitan Magasine.. Metropolitan Magasine.. Address all Replies to "Want. Ad" Department, Omaha Bee, Omaha tl U m ............ . j- - - ; ii.m :::::::::::::::: :r.:::fi:B ?: w ::ftS ..U.J6 L New drfeaait. aa $31.50 Omaha to New Orleans AND BACK. February 9tK-14th long Limit and Liberal Stopovers en Rome Allowed. For farther Information aad copy of Madrl Ona Booklet call at Hit note Central City Ticket Offloe, No. 1403 Farnamt.. Omaha, or write, W. II. DRILL. District PaaMOfer Agent. 1 1 gWI