TITE OMAITA DAILY REE: SUNDAY, FEBRUARY
7, 1004.
ST1CRNEY CUTS UNDE.l ALL
lrttWMtri Agiin Eedcr Grain Bate,
Mk n Th'si Li tr Thin Evr.
ROCK ISLAND RESTORES GULF TARIFFS
Prealdeat Wattle of Exchange lie
gartls lllckBtr'i Cut aa Vital
Elemeat In SaatalaSnK WN
far of Local Starke;.
While the Rock Inland Friday an
nounced the restoration of grain rates
from Missouri river points to the gulf,
which Is regarded as detrimental to
Omaha, Inasmuch aa It will have a tend
ency to attract grain shipments south, tha
Oreat Western suddenly dashes once more
. under tha limelight with a cut, which In
tha language of President Wattles of tha
-Grain exchange, "saves tha grain market
. one more.''
Tha Great Western's cut Is to meet the
tnost recent reduction of the Northwestern,
which was last to uke a fall out of the
schedule. Now the Rock Island says It
will follow the Oreat Western.
Btlckney'a lat cut fixes the rata of I
cent OB wheat to Mississippi river points,
4 cents on corn and I cents respectively to
Minneapolis and 10 and cents respectively
to Chicago, applying on all grain originat
ing west of the Missouri river and being the
loweat rates yet quoted since this series of
protracted upheavala aet In,
Review of Hat Fight.
' When President Btlckney ran his Great
Western into Omaha the rate on wheat
from her to Chicago and Minneapolis was
U cents and corn 18 cents. He made a
heavy cut, bringing these figures down to
I and I cents to Minneapolis and 14 and 13
cents to Chicago, Then the Burlington and
the Northwestern met these ratea and the
Oreat .Western -again cut, leaving the re
spective schedules 7 and ( cents and 12 and
II cants. This brought all the roada Into
the arena and a general encounter ensued,
with-the Northwestern far some time hold
ing out against the others with rates which
It was thought might result disastrously
to the local grain market project. The
United effort of the Northweatern's com
petitors brought that road Into line and
it even went the others one better, by cut-
' ting under the lowest rate then I cents.
"I think with these ratea just Issued by
(he Oreat Western, the' farmers ought to
realise ( oente more on all their grain,"
aid President Wattlea last, night, who la
much enthused over the cut. ' -i
neek ltan4 Wilt Follow.
' The Rock, Island announces that It will
meet the cut announced Friday afternoon
by the Oreat Western to. the Mississippi
river and Chicago' In grain ratea. This
places rates of I cents on wheat and 4 cents
pn corn In effect to the Mississippi river
over two lines, and It Is anticipated that
other competing lines will meet the reduc
tions. It Is not anticipated that the Northwest--em
will make another cut In Its grain rates
to ths east, aa they are on an equality with
in ureat western ratea at present, ana tn
new tariff Issued by the Northwestern la In
such shape that It practically forces all
grain originating on that line to go east
from the Missouri river over the same sys
tem. In fact, the Northwestern demands
the payment Of freight on shipments of
grain originating on Its line at Nebraska
points through to destination. This action
forces shippers to patronise the line east of
the river, as if the grain Is unloaded at
Omaha and goes east via' another line no
refund of the freight paid through will be
made.
Detrimental to Omaha.
It was stated by a Rock Istand official
that the gulf ratea and the ratea to Mis
sissippi valley points on grain were re
Stored by that Una for the express purpose
of forcing Nebraska and Kansas grain
through Kansas City and Omaha. While
the reductions from points in these two
ftatee are in effect the grain goea directly
' south to th gulf port without stopping tn
the Missouri river market. Bo long as
this Is the case It I regarded aa a dls
v crimination against Omaha and Kansas
City. If th ratea can be restored to south-
ern points It will force all grain raised
-vest of the Missouri river and north of the
Southern Kansaa line to go east. Thla the
Rock Island desires, aa It will afford that
line a longer haul than when the grain and
grain products go eouth.
LABOR TROUBLES IN CHICAGO
Strike Agalast Redurttoa la Wages
oad Lockout by Employers
Makes Hr Idle.
CHICAGO, Feb. t-Th trlke against
the American Can company, following a
10 per cent wage reduction, extended today
to the Illinois Can company branch, where
; IM employes quit work. Seventeen hun
dred employes In all sre now on strike at
th Diesel "plant, the Norton plant at
MsywooJ and, the Illinois plant of tha
company. No work Is being done except
la the Maywood machine ahop, where the
Get My Book if Sick
Don't Send a Penny
' Don't send a penny, - 1 "
Just wait till you aee what I can do.
Let me take the risk. Let me prove up first what Dr. Bhoop's Restorative
can do. The Restorative will gain your friendship, your endorsement If you
test It. And for a whole month you can test It without the slightest risk.
I will tell you of a druggist near ycu who will furnish six bottles of
Dr. Shoop's Restorative
A Month on trial
I wtll absolutely stsnd all the cost If It falls. If you aay, "It did not help
me." that ends it.aa far aa cost to you la concerned. Do you understand
mT; I am telling It as plainly,' as clearly aa I ran. I want you to know
absolutely and without doubt this offer is made on honor. I have the pre
scription that cures. My only problem la to convince you that Dr. Bhoop's
Restorative will cure Is an uncommon remedy. A common remedy could not
taod a test like this. It would bankrupt the physician making the offer. And
I am succeeding everywhere, and heie ie the secret of my success. I found
invariably that where there was a weakness, the Inildo nerves were weak.
When there wsa a lack of vitality, the vital nerves larked power. Where weak
crgana were found, J alwaya found weak nerves. Not the nerves commonly
thought of, but the vital organs' nervea. The Inside the Invisible nerves.
This was a revelation. Then my real success egan. Then I combined In
gredients that would strengthen, that would vitalise these nerves. That pre
scription 1 railed restorative. It Is known the world over now as Dr. Bhoop's
Restorative.
. Thousands sre accepting my offer and only one In each forty writes me that
my remedy failed. Just think of It. 3 out of 40 get well, and theaa are dim
rut catetv loo. And the, lortleth has nothing to pay. That la a record I am
proud of. It la wrong to suy wk when a chance like this Is open. If welt,
you should tell others who sre sick of my offer. Don't let a sick friend stay
sick because he knows not of my oorer. Tell him. Uet my book for him. Do
your duty. You may le sick yourself some time. Blck people need help.
They appreciate aiuputh and aid. Teil ma of some rick friend. Let me cure
him. Then I.e. will show to both of us his gratitude. Your reward will be hi
gratitude. Send for the hook now. Do not delay.
Simply attte which book you
want and adlrea Dr. 8 hoop.
Box, ti'5, R-icxa, Wis.
UUd casese-not chronic, are often cured
machinists have not b-n served with
notice of reduction of wages.
Seven more carriage and wngon factories
have clnsefl beraue of the demand of
the union for Increased wages and a closed
hop. There are now 101 factories closM and
1,068 carrUg and wagon workera Idle.
TRYING TO SUPPORT COTTON
Prices Decline at Xetr York and
Sfir Orleaae Despite Heavy
Daring.
NEW TORK. Feb. 1-The buying of cot
ton yesterday, supposed to be for a bu'.l
pool In order to regain control of the mar
ket, came to naught again today when a
sensational break In Liverpool, very threat
ening new from the tnr east, heavy esti
mated receipts' and bearish Visible supply
statementa tendered tho local bears more
confident than ever. The New York mar
ket opened weak at a loss of 40 to B6 points,
which had been Increased to 52 to 76 points
on the sotlve months before the call was
completed, with March selling as low as
13.88c, May at 14.05c and July at 14.08c.
Following thla there was considerable
covering and prlcea rallied a few points
from the bottom, but every trifling bulge
brought out fresh pressure and the market
ruled very fevetlsh and Irregular. The New
Orleans market opened at a decline of 30 to
39 polnta and there wns little sign of New
Orleans buying In the local market. Trading
after the call was only moderately active.
Later New Orleans became firmer and a
covering movement et In here that. In
connection with local and aouthern bull
support, rallied the market about 20 to 46
points. The advance met Very heavy sell
ing1, chiefly from outside sources, and tn
the late trading the market was very weak,
being finally easy at a net decline of 4C85
points.
The closing prices were practically the
lowest, with July quoted at 13.09c. Sales
were esltmated at 2u0,0O0 bales.
NEW ORLEANS, Feb. 6.-The cotton
market today showed a decline of from 80
to CT points. It, however, had a sold-out
appearance and shorts showed some
anxiety to cover. The leading bull later
bought quietly but heavily and on these
purchases the tone became steadier and
prices showed some Improvement. The
general feeling Is more optimistic.
SUES F0RMERJ DIRECTORS
His Plantation ' Company Alleges
that Stock Was leaned Con.
trary to Law.
BAN FRANCISCO, Feb. .-Two suits on
stockholders' liabilities filed today by the
Mana Plantation company allege that the
etock of that corporation, which owna one
of the oldest sugar plantations In tha Ha
waiian Islands, was watered from $300,003
to tha. extent of 15.000.000.
The suits are filed by the present board
of directors, In the name of the company,
against directors who had charge r.f the
company's affair In the past. Ths former
directors are charged with having given
away and distributed among themselves
111,000 shares of capital stock and of having
Incurred debts to the extent of R35.S81 in
exceas of the amount permitted by the laws
of the state. The giving away of the
shares of stock' Is alleged to be a violation
of the stat constitution.
MAKES EXHIBIT OF RADIUM
United States Geological Survey
Orders Special Agent to Pre.
pare Complete Display.
1
NEW- TORK. Feb. -6-Dr. George F.
Kuns of this city, special agent of ths
United States geological survey, has been
appointed commissioner of ths radium ex
hlblt at the St. Louis exposition and has
been authorised to prepare and procure
material therefor, comprising . radio-active
substances of all kinds, tuid also exhibits
to illustrate th action of radium com
pounds, ultra violet light and Roentgen
rays upon mineral and chemical sub
stances. This oxhlblt Is to be mads by the United
Statea geological survey In the United
States government building In St. Louis.
There will be a second exhibit of radium
and radio active substances In the mines
building.
PRESIDENT WRITES TO WOMEN
aires .Mrs. Barrett Kind Words for
Effort to Resene Young;
Wonts,
INDIANAPOLIS, Feb. .-Mrs. Kate
Waller Barrett addressed the executive
committee of th National Council of
Women today In the Interest of the Flor
ence Crittenden horn for th rescue of
young women and read the following letter
from Prealdent Roosevelt:
My Dear Madam: I wish you all possible
success with your work. I have long felt
that there waa peculiar claim for philan
thropic work on behalf of the very people
which you are striving to aid. In our nodal
system they pay so heavy a penalty tor
wrong-doing ana the road to reform and
rehabltatlon Is made so difficult thst I can
conceive no more worthy work than that
of th Institution such as the one under
rour management. With all good wishes
am sincerely yours,
THEODORE ROOSEVELT.
Book No. 1 on Dyspepsia.
Utxk No. 3 on th Heart,
liook' No. 3 oil the Kidneys.
Book No. 4 for Women.
Hoot No. t for Men (sealed).
Book No. ( on Rheumatism.
with one or two bottles. At druggists.
WRIGHT WANTS REAL REFORM
City A', rney In Av.aa! Rfpsrt Cri'ici7
ku.w. . . .i.aoc'a! Methods-.
OFFERS POLICY HE THINKS WILL WIN
Says Carrying ot Worthies and In
rertnln Assets Against Certain
Liabilities Is Reckless and
Criminal Management.
City Attorney Wright. In his annual re
port, Just Hied with Mayor Moores, makes
severe criticisms cn the fiscal and business
policy pursued by the municipal govern
ment In th past and suggests a number
of reforms. He says:
If a aettled policy Is adopted by this city
In this regard it appears to mo that we
niny he ahle to brlntr the city finances out
of thplr uncertain and chaotic conditions to
a tleilnlte and sound basis. The present
method of carrying large amounts of
worthless and uncertain ns?ts ugainst cer
tain but unascertained liabilities is not only
demorallrlng to public service, but Is reck
less and criminal business management.
I am not making complaint nbout any
particular otllcers, but 1 coll your atten
tion to these facts and to the careless
method In which the business and finances
of this city have been run, because more
than three-fourths the work Incident to the
duties of the ilty attorney resuit from
want of attention to the ordinary business
rules and to the plain provisions of the
statutes. As I hsve before stated, It has
been this want of care and attention which
has saddled upon this city nearly J3.OjO.OoO,
besides an additional yearly running ex
pense of tens i f thousands of dollars. I
assure you this department will co-operate
with you heartily In every effort to place
tho affairs of this city upon a firm busi
ness basis.
Discharge Special Warrant.
If the scavenger bill can bo put Into ef
fect, as 1 believe It will be, the city ought
to derive a large amount of money from
delinquent tuxes, and 1 would recommend
that this money be used to compromise
and discharge outstanding special war
rants. We have been running here for
years carrying as valid assets of the city a
great amount of taxes which were known
to be void and uncollectable. By means of
the scavenger act we will close out these
delinquent taxes and tho revenue to be
derived therefrom ought to be applied to
those special obligations which were sup
posed to be paid out of these special as
aesHments. At tha present time the cltv Is bonded to
nearly $5,U00,OO0. In the neighborhood of
Il.i50.000 of these bonds are general bonds
of the city issued for the purpose of taking
up and extending special district bonds,
which, It had been expected, would be paid
out of. special levies upon property ad
joining enld districts, but which the city
waa unable to meet out of said special
levies on account of invalidity of tax pro
ceedings. There ore outstanding, also, and which
It will become incumbent upon the city to
pay, over 600 000 of such special district
bonds. In addition there ate outstanding
special-warrants which it had been In
tended to pay. out of special assessments
against the property benefited, but which
wo will be unable to meet In this way on
account t tho invalidity of the special
assessment levies.
The amount of these special warrants
which must be taken care of, without In.
tereat, will probably amount to the neigh
borhood of laoo.000. The provisions of our
charter allow u to levy 1200,000 for the an
nual sinking fund, an amount which In In
sufficient to pay the interest upon our legal
bonds.
It has been the habit, and apparently
the approved custom of the city treasurer
to pay the special district bonds out of
any moneys which might be In his hands
and afterwards to reimburse such funds
by the sale of general bonds. I' have re
fused to approve of this custom aa I think
it la a plain violation of the law. As there
are a number of these district bonds fall
ing due during the coming year, there
ought to be provision made at once to
meet their payment aa they come due.
To this end I earnestly recommend that
an Issue of renewal bonds, sufficient In
amount to meet all the district bonds
which will .mature during the present year,
should be authorlxed at once nnd oold,
thus saving the Interest and credit of the
city. ;
Become General Liabilities.
I have already, called attention to .the
fact that there are a large number of spe
cial warrants which will become general
liabilities sgalnst the city on account of
the failure to observe the - statutory re
quirements In our special assessment lev
lea. We have already voted and sold
$300,000 ot tond for the purpose of taking
up the Moating indebtedneas ot the city. I
think this money ought to be applied as
soon as possible to the discharge of the
outstanding Judgments and to some ad
justment and compromise upon special
warrants outatandlng. All of these claims
bear interest at 7 per cent and tor the
money lying in our treasury we are pay
ing 4V4 per cent Intereat.
It has been the custom of this city in
the past, aa I Judge from the records,
never to pay a Judgment until It was In
sisted upon by the owner. I recommend a
change In thla procedure and that the
treasurer of the etty be Instructed to Im
mediately pay off and diacharge all the
Judgments against the city obtained prior
to July 1, 1903. such payment to be made
out of money received from the sale of
out of money received from the sale of
bonds for the purpose of paying floating
inneDteaness. 'mere is no reason or busi
ness sense In this city paying 7 per cent
on Its Judgmenta with money lying In the
treasury upon which we are paying 44
per cent.
The report, which Is long and much de
tailed shows that there were 218 cases In
tho district court on January 1, 1M3; that
during the year 116 cases in which the city
Is Interested were filed. Of these 141 were
disposed of, leaving 196 cases at the begin
ning of the year. The number of supreme
court suits pending has been cut down
by twenty-eight over a year ago, leaving
but eight, but tn the federal court the
number haa, crept up from four to ten.
There were altogether 211 cases pending
January 1, against 254 a year previous.
A list of esses and Judgments are shown.
The latter outstanding amount to t29,
080.17. Of this amount S1U.3SG.68 waa In
curred by the payment of salaries during
the isst four months of the year, the
wages being those of the regular employes
of the city.
Another large Item If 192.080 embraced in
two Judgments secured by ths Omaha
Watar company.
SUPREME COURT SYLLABI.
The following opinions will be officially
reported:
IM. Woodmen ' Accident Association
asau.m Hamilton, error from Cedar.
ui uier juuguieui adhered to. Motion over-
I mm. buinvan, c. J.
1. Liil uiaie ta material error In the
reioru. tnougiit to this court tor review,
too juiik'neui ot Uiv trWi court will be
kOin.ieu regaruieaa of tin theory upon
. men ik w.i tteietideU.
2. In this mam oy express statute mem
bets of mutual Leueni associations have
tha right at any lime, wlui the conaant
ol the association to subauiute one beno
uclary tor another.
1. A ctrtlncaiw Issued by auch an as
sociation pruvluing tor me payment of
Indemnity in taj of accidental: aeath,
give to th beieficiary named tiierelii
vested Interna, uot when the accident
happens, but wuen math ucouis in cone
quince of the accident.
UM. new Omaha Thomson Houston
Elecirlo Light Company ugainai KoniUold.
k-iror from Douglas. Former Judgment
vacated; judgment district court reversed
and cause remanded. Albert, C. ulviaion
o. ii.
1. Ordinarily, In providing his employes
wl'.h a place to work, or tools and appli
ances with which to worn, an emptujer
la bound to exerrlae reasonable care to
Insure the safety of such employes.
i. The toi egging duly la a continuing
one, and the employer ia also bound to
keep such place, tools and appliances in
a reasonably safe condition and to mako
sessonsble inspection with that end in
view.
3. Hut where, from the nature of the
work, the contract of employment or
oinei- facts and circumstances, the duty
to make Inspection and discover defecla
devolves upon the employe, employer is
not liable for an Injury resulting to sue
employe from a defect which me latter,
by reasonable Inspection, would have dis
covered. 4. ai instruction which. In effect, directs
a ending on an isaue upon which the evi
dence la conflicting, is erroneous
135. Lusk agilnst HlgK". Appeal from
Clay. Reversed and remanded. Duffle.
C Division No. 8.
1. Where a conveyance of real eetate Is
presumptively fraudulent the burden Is
on those claiming under such conveyance
to ah aw the bona ndes of the transaction.
In such case when the grantee attempts
to show payment of a consideration for
the conveyance he must also show that
tho money used was his own.
2. Where a collection of persons claim
to have orfcmlzc,! themselves Into a cor
poration the Invalidity of their organisa
tion may be shown even when questioned
collaterally by evidence that no articles
of incorporation were filed as required by
statute.
H-'fti. Moss against Marks. Error from
Jeriersoii. Afiirmed. Ulnnvllle, C. Divi
sion No.
1. One who by action t.ursue one remedy
without being chargeable with notice of
facts entltlniK him to a different one. is
not thereby estopped to pursue the latter
upon discovery of such facts if he then
discontinues his action for the former.
l'. An action for the conversion of chat
tels and one for the possession thereof
are not inconsistent remedies, and one
who has sued for conversion may dismiss
such action and recover in replevin If
his right Is otherwise good.
13CSI. Davis against Hall. Error, Adams.
Remittitur. Hantings, C. Division No. 1.
1. W here a vetuict exceeds the amount
clalrred by the party gaining It In his
pleadings it ia error to filter Judgment for
tho full amount found.
2. Where such a verdict has been ren
dered and the evidence would support one
for the correct amount the party should
be allowed to remit the excess.
8. Instructions to the Jury not com
plained of in the motion for a new trial
will not be examined.
4. Refusal of an Instruction whose con
tents are fully covered by others given is
not error.
6. The burden of proof is on defendant
to establish payments, and on plulntlff to
show that an admitted payment waa prop
erly applied on unother debt.
6. Instructions given held applicable to
tho evidence.
13291. Putney-Mitchell Manufacturing
company against Northwall. Error. Doug
las. Affirmed. Uarnes, C. Division No. 2.
1. Evidence examined and held sufficient
to sustain the finding of the trial court.
2. In an action to recover the purchase
price of cultivators sold by a manufac
turer to a Jobhe in agricultural implements
for the express purpose of resale to tho
trade, the Jobber may, on a counter claim
for damages for a breach of warranty, re
cover the profits on resales actually made
and completed where such profits are
fixed, certain and capable of accurate
proof, and were evidently contemplated by
the pnrtles when the contract was made.
5. The case of Silurian Mineral Springs
company ng.ilnst Kuhn, 91 N. W. Rep., 6.8,
distinguished and approved.
la;tiu. Coalmen against Webster. Error.
Harlan. Afiirmed. Ulanville. C Division
Ni!' 'petition and' amended petition exam
ined and held to Slate the same cause of
action.
2. Evidence examined and held not to
Justify the contention of plaintiffs In er
ror that the mortgage In question was
vold'aa to the chattels in question, Lecause
of inefficient description or identification
thereof in the mortgage.
S. Where one party to an action has In
troduced letters constituting a part of u
correspondence between the other party
to tho action and a third party such other
party is entitled to show the entire corre
spondence upon the same subject.
4 Where u mortgagor, without author
ity from the mortgagee, sold property cov
ered by a chattel mortgage and paid a
debt to the mortgagee other than the one
secured by the mortgage with a portion
of the purchase money, which was received
and credited by the mortgagee without
knowledge of the fact that the money
had been so obtained, the failure of the
mortgagee to refund the money so received,
upon learning the source from which It
was derived after commences an action
against the third parlies, to whom the
mortgagor's vendee had sold the chattels,
does not thereby ratify the sale and de
prive himself of the right to "cover pos
session of the chat'els. Johnson against
Milwaukee & Wyondng Investment com
pany. 49 Neb.. 68, distinguished.
6 Evidence examined and held to be in
tifMblent to sustain the verdict.
13286. Tidball against llolyoke. Appeal
from Lancaster. , Reversed. Letton, C. VI-
VI. 'Tn action to foreclose a mechanic's
lien it must appear In evidence that the
statement of the 'claim therefor ' has been
filed with the proper officer In the county
within the time prescribed by statute, if
not, there is a failure of proof of the ex
istence of ths lien. . t
2 Evidence examined and held not 10
uupport the findings and die,re; ' rrrrnT
1322. McMahon against State. Error
from Boone. Affirmed. Klrkpatrick, C. Dl-
VII. lThetaw does not recognise the dis
tinction between principals and accessories
In misdemeanors; so that where the evi
dence shows that a defendant was ons
of a party engaged in a common unlawful
enterprise, that of shooting gam in .the
closed season. It Is sufficient upon which to
base a- conviction of auch defendant upon
the charge of having In his possession game
protected by the statute, although the game
when taken la shown to have been in a
buggy not cccupied or being driven by the
""VThelaw not recognising the distinc
tion between the principals and accessories
In misdemeanors, It la not error to Impose
a fine of 85 against each of several de
fendants who composed a party In whose
possession a number of prairie chickens
were found, for every chicken so found.
3. A large discretion Is vested In the
legislature In the fixing of penalties de
elgned to prevent the commission of cer
tain prohibited acts; and a penalty im
posed by statute will not be held uncon
stitutional as excessive unless It Is so ex
cessive as to shock the sense of mankind.
4. A penalty of 15 for each prairie chicken
found In possession or under the control
of the defendant during the closed season.
Held, not excessive In a constitutional
"b'li is not a violation of the provision
of the constitution inhibiting the Incorpora
tion in the title of an act of more than
one subject for the legislature to provide
i .... tnr tha nroteotlon of fish, fowl
.and quadrupeds under the general denomi
nation oi game. ..
C Evidence examined, and held sufficient
to sustain the Judgment.
13396. Carly against Boner. Error from
Dawes. Reversed and remanded. Ames, c.
Redemption from a decree of foreclosure
and from a sale thereunder for taxes, by
a mortgagor who haa covenanted that upon
hla default In the payment of taxes his
mortgagee may pay them and odd the
amount to the mortgage debt, will both dis
charge the decree of foreclosure and the
sale pursuant to It nnd satisfy the Hen
of the tax. Redemption by the holder of
such a mortgage will discharge the decree
of foreclosure and the sale thereunder, but
a lien for the redemption money and In
terest will subsist for the protection of
his security in sccordance with the cove
nants of the instrument.
1844L State x rel. Attorney General
against Bcott. Original. Dismissed. Old
ham, C. Division No. 1.
An Information In the nature of a quo
warranto will not lie to Inquire into the
right of county urveyors In counties hav
ing more than 50.000 population to perform
and exercise the duties of county engineer
as provided by the chapter 82 of the Laws
Of 1908.
13461. Menke sgalnst Btate. Error from
Lancaster. Reversed and dismissed. Ames,
C. Division No. 1. v
Sections 62. S and 64 of article I of chap
ter 77 of the Compiled Statutes of 1903,
Providing for the licensing of peddlers, and
enouncing the penalty for their violation,
are not void as being In contravention
either of the constitution of this state, or
tif the constitution of th United States,
but they are inapplicable to transactions
constituting interstate commerce.
13435. Chicago, Rock Island A Pacific
Railway Company against Brown. Error
from Lancaster. Reversed and remanded.
Albert, C. Division No. 2.
1. An accord, even between the -plaintiff
and a third party, as to the subject mat
ter of an action, and a aatisfacllon moving
from such third party to the plaintiff, are
available In bar of the action if the de
fendant has authbrlxed or ratified ths set
tlement. , . ,
2. A plea Interposing such defence Is of
itself a ratification of the rettlement.
That it la uncertain which of two par
ties, both of whom deny liability. Is liable
for a debt of a fixed and certain amount. Is
iiiffinrnt consideration to support a set
tlement between one of such parties and
tho creditor, whereby the creditor accepts a
n.irt of the amosnt due In discharge of the
debt.
The following opinions will not be offi
cially reported:
taosi. Dartmouth Savings Rank against
Foley. Appeal from Jlouglas. Afiirmed.
Hustings, v. Division No. 1. I nreported.
Complaints as to a former order of aale.
,hlch Is not claimed to have discharged
the decree nor to have released it, are not
gvul'ilile s objections to the last sale.
13150. Chicago, Burlington A Quincy Rail
road Company against Healy. Error from
Lancaster. Reversed. Ulanville, C. Divi
sion No. t. Unreported.
Evidence examined and held to be Insuf
ficient to suyport the verdict because It
clearly establlahea negligence on the part
ot defendant in error a intestate, rnsultlng
In his Injury and death, and becarse It
fa i In tn establish neallKence on the part of
plaintiff In error causing or costrlbutlng
thereto.
13204. Harte against Wedge. Appeal from
Douglas. Afnnued. Oldham, C. division
No. 1 I nreoorted.
Judgment of the district court confirming
the sale examined and approved.
lli'U. Armitaare aaalnst Klstler. Error
from Adama. Affirmed. Hastings, C. Divi
sion No. L Unreported.
Evidence examined and held to warrant
the aubinlssion to the iury of the iasuee
raised by plaintiff s petition snd defendant
answer, snd sufficient to uphold the Jury
vero 'i tur pieinua innrson.
g0iitm, . ....... .
BEGINNING tomorrow morning, February 8th, wo shall place on sale,
without reserve, the balance of the Stratton bankrupt piano stock,
together with all the used pianos taken in trade during this sale, and
a few new instruments of our regular stock, all together affording a
variety of matchless bargains in the purest, widest sense of the word.
..FROST BITTEN PRICES..
New Upright Pianos
Chicago makes, parlor sizes in choice of w oods
sold by Stratton for ?225 to $275, (P f
reduced to sell out price of P
New York makes, cabinet grands in fancy
genuine mahogany or walnuts, Stratton's
price 300 to f350 (worth it too), the last
$138 to $155
?400 and $500 standard makes with names
which are familiar to all. Aristocratic
bargains, if yoii please, with prices pushed
down to
$292tn$238anj,rn$192
On our famous easy monthly payments of
$4.00 and $5 00 a month. '
SOU RI.OLLER & MUELLER
Manufacturer, Wholesale, ReUil 1313 Fari8LlIl St., OMAHA, NEB.
ENDS TROUBLE WITH BULLET
Frank Ehamblen of fou'.li Omaha Shoots
Bimielf and Dies.
RESULT OF DOMESTIC INFELICITY
Performs Deed on Failure to Find
Wife by Appointment, Latter
Having. Uone to Fort
Crook.
Frank Shamblen Ot the firm of Shamblen
& Co., horseshoers, S15 North Twenty
fourth' street. South Omaha, shot himself
In the right temple at :30 o'clock Friday
evening and died an hour afterward at
Clarkaon hospital.
" The shooting f ecurrfcd In the room of Mrs.
McLaughlin, 1708 Webster street, to which
place Shamblen had gone with th expecta
tion of straightening out the differences
which, It is stated, had existed between
him and his wlf for soms time. The faot
that his wife had gone to Fort Crook with
Miss McLaughlin at the hour he had set
for a tnal adjustment of his tlomestlo
troubles, worked upon his mind to such an
extent that he shot himself.
Mrs. McLcughlln, tn whose presence the
tragedy occurred, gives th following ver
sion of It:
"I waa alttlng In my room with my little
Z-year-old son about S o'clock !ast evening
when Shamblen came tn more or leas intox
icated and asked for Ellen, his wife. I
told him she had gone with my daughter
to Fort Crook during the afternoon, and
suggested that he come back later. II
then said that hs thought she would return
soon, and he went over to the sofa snd
slept for an hour. He awoke soon after 6
o'clock and again asked for his wife, but
finding she had not returned, he sat think
ing for some minutes, then he approached
me with a package and aald: 'Take this
package and envelope and say good-bye to
her for me.' I took the articles, and, notic
ing a revolver In his hand, I pleaded with
him not to shoot In an Instant, however,
he fired ths shot and fell to the floor. I
screamed and ran out Into ths hall.
. Third and Fatal Visit.
"Mrs. Shamblen was a friend of my
daughter's and has beon stopping with us
about a week, during which time Shamblen
called oh three occasions to see bis wife,
this afternoon being the third. I knew very
little of Shamblen and was not aware that
any' serious domestic troubles existed be
tween him and his wife."
The package that Shamblen left for his
wlfs contained a shawl and In ths envelope
We
This Company, after testing Llquor.one
for two yeara In the most difficult germ
dlseaaea, paid $100,000 for the Ameri
can -tights. Thnt is the highest price
ever pnld for similar rights on any
scientific discovery.
We ere now spending $500,000 to give
the product away one bottle to etch of
a million sick ones. Wo are doing this
so that every nick one may let Liijuo
gone itself prove t hat it can do.
Kills Inside Germs
The greatest value of Llquozone lies
in the fact that it kills' germs in the
body without billing the tissues, too.
And no man knows another way to do
it. Any drug that kills the germs Is a
poison, and it cannot be taken lnterniilly.
Medicine is almost helpless in any germ
dlseuae, as every physician knows.
Llquozone will do for sick humanity
more than all the drugs in the world
combined. It does what no skill can
accomplish without it. It cures diseases
which medicine never cured. . .
Acts Like Oxygen
Lirjuozone is the reault of a process
which, for more than 20 years, has been
the constant subject of aclentlflc and
chemical research. Its virtues are de
rived solely from gas. mad in large
part from the best oxygen producers.
By a process requiring Immense ap
paratus and 14 days' time, these gases
A
of
final Clearance this Week
the w. S.
PIANO .-.
STOCK
...THE LAST CALL...
Used
was found a scarf pin. It Is supposed he
had brought these as tokens with which to
mark their reconciliation.
It was stated by a roomer at the Martin
flats, where the shooting occurred, that the
Bhamblens have been separated for some
tlm. and that the meeting wranged for
Friday afternoon was to have been the
culmination of several meetings held dur
ing the last week, and that the man and
wife had agreed to patch up a truce.
Shamblen shot himself with a S2-callbr
revolver, the ball entering above the outer
canthus of the right eye and penetrating
deeply. Death ensued within an hour with
out recovery of consciousness. The unfor
tunate man was removed from the scene of
the shooting to Clarkson hospital In the
police ambulanc on th Instructions of
Police Burgeons Trostler and Decker. .
Mrs. Shamblen and Miss McLaughlin did
not return from Fort Crook un(Jl after the
death of the former's husband.
Shamblen -was about 23 years of age and
a member' pf th H&rseshoer .Union,.
The remains of the dead man were taken
In charge by Coroner Bralley and removed
to the morgue, where an Inquest will be
held this afternoon. Ehamblen'a father at
South Omaha was Immediately notified.
-Wlf Attempts to Follow.
Mrs. Shamblen and Miss McLaughlin re
turned from Fort Crook about 8 o'clock,
and when ths former was Informed of the
fate of her husband she became hysterical
and later went to her room and had swal
lowed a portion ot a bottl containing a
mixture of chloroform and laudanum when
Miss Mclaughlin dashed the vial from her
hand. The police station waa notified and
Captain Hase decided It would be beat to
plac the woman In the matron's depart
ment until she thought better of the Idea
of self-destruction.
Mrs. Shamblen Is a prepossessing bru
nette, says she Is but 17 years of age and
looks but little more than that. When
seen at the police station last night she
said:
"I was raised on a farm st Ashland and
moved to South Omaha four years ago. I
married Shamblen May 23 last, agalnat ths
advice of my parents. We started house
keeping at South Omaha on ths Install
ment plan. Frank's work was unsteady
and grew more uncertain a time went on.
We mortgaged our furniture and lost It all
I then took him to my parents at Ashland,
but he would riot work on the farm. Mat
ters went from bad to worse until the day
of separation cams during last September.
Almost from the first I helped meka th
living. Ot late I have been working In a
restaurant. Last Friday evening Is the
first tlm I had en Frank sine last Oc
tober. During the last week I have called
him up by 'phone and other means with a
hop of straightening our affairs, and so
tar succeeded as to get him to promise
SkaJl Spend $500,000
To Give Liquozone Away.
are made part of the liquid product.
The result is a product that does what
oxygen doea. Oxygen gas. as you know,
la the very source of vitality, tho most
essential element of life. Llquozone la
a vitalizing tonic with which no other
known product enn compare. "Vet It la
a germicide so certain that we publish
on every bottle an offer of $1,000 for a
disease germ that it cannot kill.
The reason Is thut germs are. vege
tables; and Llquozone, w'hlch like oxy
gen la lifo to an animal, la deadly to
vegetable matter. It is carried by the
blood to every cell of every tissue, and
no touch of impurity, no germ of disease,
can exist w here Llquozone goes.
Germ Diseases
These are the known germ diseases.
All that medicine can do for these
troubles Is to help nature overcome the
germs, and aucu results are indirect and
uncertain. Llquozone kills the germs,
wherever they are, and the results are
inevitable. Hy destroying the cause of
the trouble, it Invariably ends tho dis
ease, and forever.
AMhma
A Ih-A unit
RroDcbltl.
Hr r.Tr inSusBM
Kldnjr Dlmin
L Orlp
Lurborrua
Lu.r Trnubl.
kUl.rl. Nural(i.
Manr Heart Trouble.
PUm Pncunonl.
Pkurivy Quia.
Kh.um.tta a.
Sal. Iilaraae. '
Scratul.-Syplilllls ,
aV.vua.ch lrovbla
Blor.d Flu
B.UIit l Illi
boet Tmubl.
Cough. Cold.
CoQumptiM
r.llr Crou
f ouftilpmtlo.
( iiTb Ctseer
rmliT Dl.rrS.
twadniS lrt
Stratton Bankrupt
Pianos Organs
$400 Davis & Co., nearly new .$210
$400 Chickering upright, reduced to... $158
$450 Emerson, a dandy tone $188
$300 Schubert, large size... ..$122
$350 Erbo, oak.............. ..$164
$300 Singer, fancy ease.. $152
$300. Arion, mahogany.' $144
$275 Sebum an, oaJv.... .......$132
$275 Hale ...$92
And other uprights for $118, $94, $86, $75,
$52 and $45.
Square pianos and second hand organs at
your ow n price. ' . ' '
. Tayments $2.00 to $4.00 a month. '
that on ths first of next month h would
resume housekeeping, and I was happy In
the thought that th future had something
In store for us. W hsd set a meeting for
8:30 last evening, but he cam to t- heus
much earlier, although I waa tere al
most half an hour before th appointed
time, It waa only to find that he had k'tlad
himself. II has tried to end hi Kf on
three other occasions."
TEXAS COMPANY SUES BUYERS
Alleges Damages for Full are to Tak
Mexican Mia According- to
Contract. '
HELENA. Mont., Fab. 6.-Th Roaarto
Minlalg and Milling , company of Fort
Worth, Tax., ha begun suit In the United
States court here to secure Judgments ot
1,100,000 and 8100,000, respectively, aganst
Wllara Falconer, ' Frank L. ' Blser and
Charles W. ,Clark, son of United States
(Senator , Clark, as administrators of ths
estate ot Edward L. Whltmor, The ItOO.
000 Is alleged to be th purchase price of
th Rosaro mine In Mexico, which It Is
charged the defendants refuse to pay, and
the 8100,000 Is a claim for damages alleged
to have been sustained because the prop
erty was not taken over according to
agreement.
WILL MEASURE ELECTRICITY
No Discharge Too Small for Dvlc
lavented by Chicago
vaatlgator.
CHICAGO, Feb 8. The capillary' electro
nometf r, a new Instrument, delloat enough
to register the minute discharges of elec
tricity In nerve and muscles, haa be.n In
vented by research worker In tha physio
logical lnbrstory of th University ot Chi
cago. Tha Invention will greatly aid In th
treatment of lockjaw, typhoid and b of
great us to nervous disorders.
A fine glaas tubs with a hols no larger
than a capillary gland on th back of s
human hand Is th mechnnlsm of ths In
strument. The tube at on end contain
mercury, which penetrates th small ex
tremity of th tube. Th tub rests In a
cup of acid and the two are Joined by
platinum wtra.
When Deaeb and Bar Meet.
Judge Rowndes Tour face la familiar.
I've seen you before.
Prisoner Tes, your honor, quits often.
Judge Rowndes Ah! what was th charge
the last time I saw youT
Prisoner I think It was II cents, your
honor. I mixed a cocktail for you. Phila
delphia Press.
Py.ptpal.
Ecaam. Kry.irlaa
Kavar O.li Stan.
O.Hre Ouet
Guaurrhi Ult
Ttiro.t TrrmblM
Tubarruloala
Tumor. tiers
Vurtr.r.1.
Womaa's Pli
All till
that basin with tarar
.11
rusanmt-
ln .11
catarrh all rontagloua 61
II th
raaulta of Impura or polaonoua blooS.
In narvoua dabllitr l-ll ' oiona cla M S IUIiar,
soeoDipllahlnff what no drug, can do. ,
50c Bottle Free
' If you need Llquozone, and hare never
tried It. please send ua this coupon. We
will then mall you an order ea your
local druggist' for a full-size bottle, and
we will pay your druggist ourselves for
it. , This is our free gift, made to con
vince you; to show you what I.lquoaone
Is, and what it can do. In Justice to
yourself, please accept it today, for It
places you under no obligation what
ever. Llquozone costs SOc and $1.
CUT OUT THIS COUPON
for thl. nffar aur an Ptar .gain, rill Wat
Uia blanaa tn taall It to th. Llnulf Ouni
Co., M-tM W.Uah At... Cblwo.
Mf 4IM.M I.
I ha a..r trt4 I.lnuoiona. but It r
will supply BUM bottl. Iraa I will I J ha ft.
Gin fall 44rawnt .Ul.lr.
Anr phral'laa m hrpl.l aot r !.( U
will ba Haul aupellat IM
a Uab