THE OMAHA DAILY REE: TUESDAY, FEBRUARY 9. 1004.
JFA1RS AT SOUTU OMAHA
JncUiy Eida on Another OrJer for Meat
from Rua?ia,
OTHER PACKERS LOOK FOR MORE DEMANDS
fresarlsai to fir mi Beef te Far Eut
ahoeld Orders Com
" Tory Row An.
v. ; llrlpate.
The Cudahv rarklng company Is bidding
for another Uk order of extra mess beef
for the ItUKxian government. This .order
In for l,0.oni) pounds to be packed In spe
cially prepared caks. All of the bids of
packers for tl.li order are sent to agents
of the Russian government at San Fran
cisco. The expectation la that the order
will be placd In South Omaha within a
flajr or two. The last big order for the
Russians sent from here passed the in
spection of the government and the Board
af Trade and was accepted by the Russians
at Ban Francisco without comment. All
f the packers here are preparing for big
srders to come from the far east befote
long.
Local Hamane fttx-letr.
This afternoon at 4 o'clock the committee
appointed at the meeting held last night
to organise a humane society will meet nt
the parlors of the South Omaha club. This
tommlttee Is composed of 'Bruce McCulloch,
Rev. James Wine, Howard Meyers, W. 3.
King and Charles E. Srerr. It In the In
tention of this committee at this meeting
to select officers and directors and to
transact other business. When the com
mittee selects the officers a meeting will
be called and those who desire member
ship will be called upon to vote on the
report of the committee.
Those who attended the meeting la.nt
Thursday night are heartily In favor of
such an organisation here, as It Is asserted
that much good can be done. The Union
stock yards officials are heartily in favor
Of the movement and many of the business
men In the city are in accord with the
plana of the association. Rev, Mr. Wise,
one of the prime movers, says that not
only dumb animals are to be looked after,
but children who are roaming the streets
without care of any kind. As soon as ths
association elects Its officers some special
officers will be appointed with police pow
ers and then a fund will be provided for
proeocutlon of those who violate the
humane laws. Officers of the Omaha Hj
mane society are. taking a lively Interest
la the organisation of the branch here,
Demorratfe nark Horse.
It la generally conceded now that the
race for mayor among the democrats Is be
tween Bam Shrbjrlcy, the present city clerk,
and C M. Hunt Both of these democrats
hare dnclared themselves as candidates.
Bhrixley nas made lots of friends while In
the clerk's office and his friends say that
ha cannot be beat In the nomination. Hunt
haa a host of friends who belong to the
Taxpayers league and they say Hunt can
not fall If his namw goes before the people.
As the Crawford county System will pre
vail at the primaries a lively fight Is an
ticipated. Tom Hoctor Is playing the dark
horse. He hopes to get In a delegation and
win out on account of the fight that will
be made for supremacy between Bhiigley
and Hunt, ifootor's friends say he can
slip In and get a majority of the votes at
the primaries on account of the contest
that will be made by the friends of the two
loading candidates.
The woods are full of democrats who
want oflloe, but as for the republicans no
One seems to bo looking for places. It Is
conceded on all sides that Frank Koutaky
will js Xlie pext, mayor. and that .E. U.
How will suooeed himself as city treas
urer. Among the republicans there Is the
Utmost harmony, while In the democjatio
tanks there Is nothing but discord.
Msuoa I aspects J all.
' Testerday afternoon Q. W. Hasson. one
of the members of the Fire and Police
board. Inspected the city Jail and also the
new woman's department. It Is expected
that this new room for women and children
will be ready for occupancy Inside of ten
days. Ths east portion of the basement
room haa been partitioned off for women
and children and cots will be placed In
this apartment. The members of the board
seem to think that' the front portion of the
room can be used'to accommodate sleepers.
This idea of the commissioners Is not
favored by the police, as It will necessitate
constant fumigation. The police want to
let the sleepers and one night vagrants go
Into the jail room. This room can be
lorubbed and fumigated without any trou
ble. By doing this the female department
laa be kept In gopd sanitary condition by
TMaimiLiE
Asthma. Catarrh. Colds,
Coughs, and all lnflamma
tlons of Mucous Membrane
ABSOLUTELY CURED BY
WE GUARANTEE A ABSOLUTE CURE.
' farchass pries refunded ry roar dragglst If firH
IstUt tan tat glv rtllet
Thousands of testimonials certifying;
to wonderful cures can be had free by
writing Ths; Milks' Emtl-siom Co.,
Terrs Haute, Ind.
Read the so Testlmonlabi
The Milks' Emulsion Co.. Terre Haute. Ind.!
OeaUfmrQ For ten years I have bad a eon
tauuooucb aobadthatniy frtandaAdcuUun'rs
rutud Wii that 1 was around by my coua. with,
tutlaviiiiwnnn, I ined everv eoutt a remedy
Utn4 I ever hear J of. Id addition lo Una. my
fauillvphvkicuta irse nunatkliie tor its cum
ber of unies. but nothing I could take seemed Ml
do ate any good. Mrs. Chaa. Haunneuter mA
ylsed m to seta boi of Milks' Kmulska. I tub
lowed her advuw end caa truthfully say the On
uuiiurcu Uie ia.i.,cu-;y. This s ua at least six '
Baunths are. and I have not had a return of sir i
emucD. smue. When usln Mliks1 kniulaioe for 1
tnr couko. 1 found that I wan no longer troubled
wilk ronatiiauiua or ktunuKh trouble; therefore i
U U S pleasure to reranimittd this great remedy
to peoiue amii uxi aiia any of Uai a4uee ouo
iaalliU Yours truly,
. -- , , G- w Zixw. Contractor.
KSB N. Xuietocath Su, lorro ttauto. Ind
November a, Wui
Je Milk Kmnlslon rin. iw. vr.,... .
UnUeineol have tried Milks' Emulmoo la j
-mm w - w. erv ri4 mmim WI UrUUVUlssl IM1
luuif trouble, and am rcry much ile.&vt wub Uxm
rusUii. t otMCff your wuitioji uaa a rrvma
future before It.
t'irtaw atod m ooe-iaasi noum
jara. by exisvaa.
btwtwcUuUy yours.
UtL J. Kiadv.
February 1. 18Q1 New Augokua. lad.
lbs HUES' EMULSION is pleasaxt tt Ukt anf
ACCOMf USHS WUMCUFLX KLSULTS.
BULKS EKULSION CO.
Vis fiO Mats. Terrs Hasta, 14.
buabantteo ano rot salc by
DRI Q DEPARTMENT
fumigating and scrubbing twice a week
This week heavy wire screens will be
placed en all of the Jail windows and the
a stop will be put to the passing In of
liquor and firearms to the prisoners.
Briars' After t'oralae Pleads.
Chief of Police Brlggs Is sfter drug fiends.
He Is arresting every known cocaine fiend,
and after arrest he gives the person ad
dicted to the drug habit a certain length
of time to leave the city. Generally thirty
minutes Is the limit. Within the last two
weeks Brlggs has chased a couple of dosen
fiends from ths city. He says he will not
tolerate them here. A roundup made yes
terday showed the city was pretty nearly
cleared of well known dope fiends. The
policy of the police department la to rid the
city of this undesirable class of people.
Marie ( Ity Gossip.
Rock Springs coal BergquisL TeL 62.
The Board of Education Is down for a
meeting tonight.
The Ixnos club will give a mask ball at
Masonic hall on Wednesday evening of this
week.
" Miss Bertha Holllngsworth of Ogalalla
Is the guest of Mrs. H. B. Fleharty.
Frank Burness, deputy city clerk, fs
rapidly recovering from his last sick spell.
Councilman M. E. Welsh has relumed
from a ten days' stay at Excelsior Springs,
Mo.
The funeral of Mrs. Michael Fahev. held
at 6t. Bridget's church yesterday afternoon,
was largely attended.
D. 6. Parkhurst came out last night and
announced himself as a candidate for
mayor on the democratic ticket.
An adjourned meeting of the city oouncll
is to be held this evening, when It Is ex
pected that some business of Importance
will be transacted.
Several doaen Eagles from the local order
went to Omaha v..trriav in .n.n . k -
annual memorial services heid at the Omaha
Rev. R U Wheeler officiated at the
funeral cf Frank Bhamblen at 4 o'clock
Jday. ?,er.Doon- A number of
rrietide of the deceased attended the serv-
EASY VICTIM FOR FLAMES
Fablle Schools anil u.i. i . K.
Fireproof Oraaba Staads Well ta
This Respect.
According to Information complied and
advanced by Fireproof, a trade Journal de
voted to this class of construction, the
average school building is a dangerous men
ace to life and property. This publication
recently has prepared an article to call at
tention to the alleged wretched construc
tion of hospitals and public schools. It has
been found that there Is almost an entire
absence of fireprooflng and that wood Is
used generally Instead.
The statement is made that a tabulation
of the cltlea show that Chicago, Cincinnati
and Pittsburg alone of the big towns of the
United States have made any systematio
effort toward fireprooflng their public
schoola New York, Philadelphia, St. Paul,
Minneapolis, San Francisco. St. Louis,
Louisville. Indianapolis. Dayton. Denver.
Dos Moines and Atlanta are said to bo
without a single fireproof publlo school.
In this respect Omaha is shown to be fsr
ahead of many cities of Its else and much
larger throughout the country. The new
high school building Is absolutely fireproof,
while twelve other buildings out of a total
of thirty-five are "slow burning." The new
Monmouth Park school, to cost In round
figures HO.OOO. Is to be "slow burning."
There are about a dozen Isolated frame
schools and annexes In the city.
This Is the report on schools from Lin
coln. Neb.: "This city has twenty-thre
school buildings. None Is fireproof. ' Twi
new buildings recently have been com
pleted, neither of them fireproof. One largn
central high school building, costing HO.O0P
Is now being built with no reference to fire
protection."
Fireproof has this to say about Itt
Public schools can be built fireproof and
ought to be. i . . . .
If the press of the country will voice Shis
protest against the wsste of building funds
and sustain the efforts making for better
and safer school construction, school board
Incompetency mav yet la delivered of some
thing worth while. When taxpayers and
parents and teachers come to realise and
know whet the boards are doing and not
doing there will be changes In the boards
or changes In the building methods now fol
lowed. No other American Institution
comes eloeer to the popular heart than ths
pulillc schools.
Nothing so cloe to the hearts of people
as their children and their children's
safety.
Nothing so desperately hazardous as to
wall them up In nretraps rx) days a year
The following report on the capltol build
ing and state Institutions will be of keen
interest to Nebraskans: '
The state of Nebraska has $1,000,000
wrapped In a capltol building here that Is
a firetrap. In It are stored the state's
most valuable records.
Nearly IliO.OOO was expended to build the
penitentiary as It now stsnds, t&u.ouo to
make repairs because of fires that have
clHimed one convict's life.
The state haa asylums and public build
ings at Lincoln. Hastings, Keamev, Nor
folk. Peru, Nebraska City and Omaha en
which more than 5.0fi0.0u0 has been ex
pended. Excepting a fireproof wing to the
Hastings asylum and a wing costing IM.OOO
to the Lincoln Hospital for the Insane, all
are fire traps.
The Norfolk s avium main building was
burned to the ground eighteen months sgo.
One person perished In the fire and other
Inmates were saved almost miraculously.
The state penitentiary lire, less thsn two
years ago, burned a great gap in the tn
rloeure, and more than Wh convlcta were
herded together, practically In the open,
for aeveral weeks before the stockade was
relnclosed. Two serious ires have taken
place at that Institution within four years.
On the state university campus In this city
six large three and four-storv brick struc
tures stsnd. each built from plans that
Invite total destruction from fire.
In some cities, notably Chicago, fir
drills among the school children have be
come customary. In Chicago they form
part of the routine work mapped .out for
the pupils, the Board of Education hav
ing adopted rules compelling at least
three such drills a week. By a system of
bell alarms. Just like fire alarms, the pu
pils march out of the rooms and down
the stairs or fire escapes, where there are
any. such as on the older buildings. Ths
pupils are dismissed by the nearest stair
way. The drill exacts order, precision and
promptness in a word seeks to train ths
pupils to be able to take cars of their
lives In event of firs.
Shortly after the Iroquois disaster In
Chicago, which doubtless served to quicken
the publlo mind everywhere along such
lines, a fire drill or two were had In the
Omaha public schoola, but thus far It has
r.ot been reported that they have become
regular or are exacted by the Board of
Education.
CORNMEAL F0R AUDITORIUM
J. E. Baa as Wilt Devote First Car at
Pepalar Parpases.
3- E. Baum, wno bougnt tne first carload
of corn sold on the Omaha Grain exchange
at ita opening last week will put his pur
chase to a practical and fiopular use.
He Intends to have the corn ground Into
meal, packed Into specially prepared pack
ages and sold for ths benefit of the au-
ditorlum fund.
Just how soon It will be
placed on the market ho haa not deter
mined, but due announcement wfll be made
of the time.
If Mr. Baum will only have the com
rround by the good old alow buhr proceaa,
so that the strength and flavor will be
preserved, be will confer a double favor
on the public, by teaching a lot of peopl
v.-hut a delicious artlcla of diet properly
ground cornmeal la, and may thus open a
larger market for ths consumption of ens
of Nebraska's staples.
May Tet B Saw a.
All who have severe lung troubles need
rr. King's New Discovery for Consump
tion, It cures or bo pay, toe, . For
juO tix Kur.n sV Gk'
RANCEKS BRING GOOD MS
Stockmen snd Farmeri Say 6 took and Crops
Bsa Fine Prospect.
WINTER IS NOT BAD FOR NEBRASKA
Few Horses Carl t p. bat Cattle, Sheep
Hoes Do Well Soli
Is la Good Cob
dltloa. Wallace Watson of the vicinity of Goring
said at the Merchanta last evening:
"Tho North Platte valley Is the garden
spot of the central west. The paat winter
has put things In fine condition tin there
and though there has not been much sale
for our crops of alfalfa, hay and corn,
because of the good condition of the cattle
ranges, we haven't a kick to register. We
depend almost wholly on Irrigation In the
valley for our crops and hence have no
fear of drouth, hot winds or the other
sources of calamity that make pops down
here in the eastern part of the state. We
have begun the growing of potatoes up
there now and some were produced last
year that beat anything I have seen come
out of the Greeley (Colo.) district. Ws are
finding a good market for them at Denver
light against the Greeley products. Much
of our alfalfa also Is shipped to Denver,
though we have a good home market for
It among the cattle and sheep men. Hog
raising Is growing Into a very Important
Industry In the North Platte region now,
too. Nothing equals alfalfa for fattening
hogs and the farmers up there gradually
are Increasing their hog bunches, so It will
not be long until it will be one of the
greatest bog producing sections In the
west."
"The winter has been pretty good to us
down in southwest Nebraska this season
thus far." said Al Koonts of near Trenton
at the Arcade yesterday. "The wheat looks
pretty thin and we have needed snow
badly. What little snow we have had has
kept on the ground and many of the wheat
fields are well covered with a thin layer
of snow now which will help things out
If we can get a little more moisture. The
cattlemen up along the Stinking Wster and
In Chase county have had a good season
and plenty of range. Things also are In
fair, to good shape in the sand hills region.
The winter has not been excessively cold
and the settlers up there have managed to
keep warm. They raised some good crops
of corn In soma localities last fall
and with the present high price of corn
those that have tt to sell are making a
good thing. There has been no winter
suffering among either the people or live
stock. In fact livestock has withstood the
winter well. There is fine winter grazing
In ths sand hills canons and stock looks
better than last winter at this time."
"We have had some snow up in the Belle
Fourche country thai winter, but there has
been no suffering among the cattle," said
E. C. Larklns of that locality at the Mer
chants yesterday. "Live stock has been
out on the range all winter and the grazing
has been vary good. The cold snap has
ourled up a few of the horses, as they ara
not quite as good rustlers as cattle. The
losses among; horses bas been very light,
though, as there la plenty of good shelter
In tho hills for them. A few homesteaders
are coming Into the country and the range
Is being contracted somewhat by them.
Very little farming has been dons In that
aection, except a few acres of corn and
soma garden truck. It la hardly ths coun
try for a homesteader, unless he Is fixed
to stand a very hard life. There are no
sheep to speak of up there, none. In fact,
as ths cattlemen and aheepmen do not
agree, and the cattlemen are In the ma
jority by long odds. That Is srolng to be a
great horse country In time. . Some gov
ernment agents were In there this winter
buying cavalry horses and they took out
a fine bunch. They sold all the way from
150 to 75 right off ths range."
Tom Kennard of ths vicinity of Alliance
said at the Arcade last evening:
"Cattle Is looking fine aa silk up in our
section, having coma through the winter
thus far in the best of shape. Grazing on
the range was good all winter and the
Stock is fat and In prima order. The only
fault we have to find Is ths low markets,
with the grade of cattle ws are sending In.
But I haven't heard that you down here
are getting any cheaper round steaks on
that account There has been no sickness
among cattle In that section that I have
heard of and the sheep, I understand, over
near North port and up the valley ara
thriving tn great shape. There has been
very little scab and ths sheep havs ranged
ths winter well. No snow to speak of
haa fallen and very little feeding has been
dons this winter. Tea. ths llvs stock out
look around Alliance this winter la better
than for a good many years."
CONVENTIONS THIS WEEK
Hardware Mea ( Xebraalta aad
Liaasr' Dealers sf lews Hold
Aaaaal Meatlags.
Two conventions, those of the Missouri
river district of ths Iowa liquor Dealers
association and the Nebraska Retail Hard
ware Dealers' association, begin delibera
tions la Omaha Tuesday.
The convention of tho hardware dealers
will assemble at 10 o'clock a. m. for a two
days' session. Tho meetings will be held
In the Commercial clubrooms.
Ths officers of the association are: A. C.
Peterson, Oakland, president; Nathan Rob
erts, Omaha, first vice president; Alex F.
Meyer, Hastings, second vloe president;
Frank Hacker. Friend, third vice presi
dent; H. J. Hall, Lincoln, secretary and
treasurer; W. E. Jackway, M. D. Huasle
and M. A. Hargierode, executive commit
tee. The local committees arc: Reception,'
G. W. Morton. L. Pettlngll). C. F. Schram,
Theodore Blnhold, ' M. D. Hassle, Nathan'
Roberts. O. W. King; entertainment. Na
than Roberts. C. F. Schram and Morris
Huasle.
The morning session will be devoted to
registration, payment of dues, initiation of
new members and miscellaneous prelim
inary work.
At t o'clock tomorrow afternoon the
meeting will be called to order by Presi
dent Peterson, after which will follow an
Invocation by Rev. T. V. Moore. The ad
dress of welcome will be delivered by
Mayor Moo res. with a response by Nathan
Roberta Then will follow the president's
annual addrcas and the appointment of
committees, after which Secretary Hall
will read a paper on "Insurance."
Tuesday evening the association will be
entertained by the local committees at the
Commercial clubrooms.
The program for Wednesday contem
plates first ths readluc of the saeretary
treasurer'a report. An address by M. L
Corey, national secretary of the associa
tion, of Argus. Ind., en "Parcels Post Bill
and Practical Results of Retail Associa
tion Work in the United Biatea" J. F.
Feel Your Pulse
If It beats fast Utra alow-sldpa beats,
your heart to weak and should k treat
ed at once. Dr. allies' Heart Car to
the best and safest remedy. Bold s guar
aotea. Baud fur book aa the heart.
.-JWW JJUM iO, rTXto4i
Goehner of Seward will read a paper on
"What We Know About Local Organiza
tions" and U. Henke of Orand Island will
read a fa per on "Hardware Profits." This
will be followed by a paper by Max Vhllg
of Holdrege on "Our Competitors and Our
Profits." after which the several papers
will be discussed and a submission of the
reports of committees and the "opening of
the question box.
Wednesday afternoon the program will
comprise the reports of committees, a paper
on "Necessary Factors for Success in Retail
Business." by C. IL Rudge of Lincoln, and
a paper on "Advertising," by J. C. Cornell
of Ord, followed by a general discussion
of the two papers. M. A. Hargierode of
Holsteln will read a paper on "Building Up
Our Organisation."
Miscellaneous buFlness and the election
of officers for tho ensuing year will com
plete the afternoon's work, as well as that
of the convention.
The meeting of the Missouri river dis
trict of the Iowa Liquor Dealers' associa
tion will be held In this city Tuesday. This
will be the first meeting held by the
organization, and is one of a number to
be held In various parts of the state for
perfecting the organization of liquor dealers.
Harrison, Cass, Pottawattamie, Crawford.
Monona, Ida and Woodbury counties In
Iowa are Included in the district and dele
gates are expected from each of the princi
pal towns and cities In the counties named.
The delegates will be entertained by local
liquor men. The subject for discussion
will be the condition of the liquor traffic
lo this and other cities.
MERELY A FEAT OF STRENGTH
After Hearlag a satisfactory Explana
tion the Insnraare Company
Paid Ip.
It was a most peculiar case, so the Insur
ance men said, with wass of head that
meant much more than they might easlly
be Induced to say, with a little more provo
cation. The building had been destroyed by fire,
and Its occupant, one Theodore Tltewad!
testified that he had held the office safe
suspended from a window until the firemen
had come to his relief.
The attorney for the Insurance companies
who were contesting the claim on the build
ing looked scornfully at Theodore, and the
following cross-examination took place:
"Mr. Tltewad, will you kindly tell the
Jury what your approximate weight lsr
"About 110 pounds."
"Have you ever been known as an ath
lete?" "No, air."
"Have you ever before performed any
noteworthy feata of etrength?"
"No, air."
"Now, what Is the weight of the safe you
claim to havs held suspended from the
second-story window for five minutes, with
one hand and unassisted T"
"One ton."
"That will do. The-witness may step
aside and Fireman CRourke will take the
atand. Ah, Mr. O'Rourke, will you tell the
Jury whether Mr. Tltewad performed thla
feat of strength as he has Just sworn to?"
"Sura, sor, It weren't In his fate, but in
his hands tbot th' sthringth were, sor."
"I mean did he hold this safe as he says
he didr
"Tea, sir."
"What!"
"Tls, sor. Tea see. sor, yea don't know
Mistier Tltewad lolke th' rist av us does,
or yea wuddent be surprised. Teg sea, th'"
aa-afe had money In it, an Tltewad was
nlver knowed f lit go av annythlng thot
had money In It, sir."
Seeing that they were defeated by over
whelming evidence, ths Insurance company
at once arranged for the payment of the
claim in full. Baltimore American.
SUPREME COURT SYLLABI.
12179. Lackner against Sawyer. Error
from Saline. Affirmed. Kirkpa trick. C.
Division No. L Unreported.
L Answer examined and held, not to
charge a fraudulent conveyance of prop
erty levied on under an execution.
t Evidence examined and held sufficient
to sustain verdict and Judgment.
IX. McKnlght against McKnight Ap
peal from Antelope. Judgment modified.
Klrkpatrick, C Division No. 1 Unre
ported. L Under the provisions of section 7. chap
ter xxv.. Compiled Statutes, whether a
plaintiff shall be granted a divorce from
bed and board, er a divorce from the bonds
of matrimony. Is vested in the sound dis
cretion of the trial court. This discretion
Is not sn arbitrary one, either form of re
lief to be granted according as the appli
cant may ak for one or the other; but
the court will look primarily to th con
duct of the parties, and absolute divorce
being granted where the separation has
been brought about wholly through the
fault of the defendant, the plaintiff being
without reproach.
1 Evidence examined and held, that plain
tiff was entitled to an absolute divorce.
t. A settlement between husband and
wife in contemplation of a separation, al
though equitable, is not a bar to a Judg
ment for alimony in a subsequent suit by
the wife for divorce: but It mav be con
sidered In determining the amount of all
mony to oe ewaraea.
4. A Judgment for alimony is ths legal
method fur enforcing the husband's moral
obligation to provide sustenance for his
wife, the amount thereof to be determined
primarily by consideration of the wife's
need and the husband's ability. So, where
a husband abandoned his wife and two
minor children, having first deeded to his
wife half of the property, and In subse
quent action fur divorce it appeared that
the wife, who was In poor health, was
In need, and that the husband. In addi
tion to an Income amply sufficient to sup
port him, had made an arrangement with
tne property retained oy mm in the set
tlement by which he received his support
for life. Held, that the settlement was
not an adequate discharge of the husband's
obligations to provide for his wife and
that further provision should be made for
her out of his aetata
12&S1 Klabunde against Byron-Reed Co.
Appeal from Douglaa Reversed and Re
manded. Holcomb, C. J.
J. In an equitable action for a new trial,
evidence offered for the purpose of proving
the plaintiff bad a substantial and mrSiior
lous defense in the prior action waa ob
jected to and excluded on the ground of ir
relevancy and Immateriality and a ruling
of the trial court procured limiting the evi
dence to the alleged ground of fraud and
tne suit was tried upon tnat theory. Held,
on appeal to thla court from a Judgment
dismissing the suit, that it is proper to
adopt the same theory in dotermliung
whether the plaintiff Is entitled to a new
trial and that for the purposes of the case,
it will t assumed that a valid and meri
torious defense existed in his favor In the
original action.
t. Equity will relieve against a Judg
ment ox decree on the ground of fraud,
actual or constructive, committed by the
successful party, or. where from excusable
neglect, a defendant has been prevented
from interposing a meritorious defense or
establishing grounds entitling him to af
firmative relief in such action.
L The ilaintlft. a German advanced in
yeara, Illiterate, and unable to speak or
understand the Eng-llsti language was made
a defendant in a mortgage foreclosure pro
ceeding, affecting land In which he had an
equitable interest under the provisions of
a will made by his deceased wife. After the
commencement of the suit, he conferred
with the plaintiff, and. at ita suggestion,
counseled with its attorney who anew hit
answer asserting his equitable Interest in
the land but admitting that it waa inferior
to the plaintiff's under its mortgage and a
decree was entered accordingly, and the
land sold for little more than enough to
satisfy the prior lien. The defendant acted
throughout the litigation under the belief
Induced by the plaintiff and Its attorney
that his Interests and those of the mort
gagee were harmonious and that he should
secure the full amount due him under ths
provisions of the will by a sale of the land.
Held under the facts and circumstances
as delineated in the opinion, that he waa
not culpably negligent tn adopting ths
course pursued and that the loss of sub
stantial lights ty reason of his equitable
Interests in the land belrg fixed as a Junior
lUa. Omaha aicalnst K rants. Error from
Douglas. Affirmed. Duffle, C Dlvialon No.
t- I DJ-eported.
Evidence bald to support ths verdict.
tZa Jot.rs against DauL Error from
Buffalo. Affirmed. Ames. C. Division No.
L Unreported.
When in a proceeding to establish a
count r road the county board merely as
certains the amount of damages to be In
Pitted thereby upon a given tract of land,
but axpreasly declines to determine whether
JjarU
uea was brougnt about from nausea which
M uiarvene pao.
grant a new trial.
Uinl. Banking House, A. Castetter
against niewart Appeal from Washington
Atlirmed. Letton. O. Division No. a.
1. A cause must be tried upon appeal
upon the same Issues as In the lower
court.
2. The evidence to lmr-each successfully
the certificate of acknowledgment of a not
ary puduo must be clear, convincing snd
satliiactory that the certificate is false
ana rrauuuient.
1 Under the facts In this case, held
tnat tne notarv nubile who took the r
knowledgment to the mortgage foreclosed.
was not uisquaiinea Dy reason or Interest.
H.'44. Albln against Parmele. Error from
-aas. juagment. Ames. . Ulvislon No. 1
A remainder in fee may be limited to
the heirs at law of one to whom, by the
same instrument, is given ths precedent
ireenoia.
1S31. Sharp against Citizens' Bank of
eiun ton. trror from Ptanton. Reversed.
uiunam. i. JJlvuion No. 1.
1. The heirs of an insolvent estate can
not prosecute an action In their Individual
capacity to recover newly discovered assets
of the estate until the debts and costs of
auminisiration nave teen paid.
2. The allowance of a claim against an
Insolvent estate is not a Judgment which
becomes dormant by lapse of time as
sgalnst newly discovered assets of such
estate.
1. Newly discovered assets of an Insolv
ent estate are a trust rund In the hands of
an administrator for the payment of debts
ana cosis oi administration and do not
descend to the heirs and distributees until
sucn claims are paid.
I The statute of limitation does not be
gin to run against a bank on' a cretincate
oi aeposu pa ye me on demand until a de-
rnana rts been made.
s. A person seeking the benefit of sub
rogation must nave paid a debt due to a
tnira party cerore he can be substituted
to that party'a right; and in doing this be
must not act as a mere volunteer, but on
compulsion to save himself from loss by
reason oi a superior uen or claim on ths
part of the person to whom he pays the
debt. The right of subrogation is never
accorded In equity to one who is a mere
volunteer In paying a debt of one person to
another." Rice v. Winters. 45 Nebr., Q7,
iviivwni emu approveu.
6. Kvldcnce examined and beM fames..
dent to ahow a right of subrogation of the
urenes on notes or nn intestate to a lien
on money of the estate deposited In a
bank to which the notes were payable.
lRXl. Burroughs against Powell. Appeal
from Merrick. Dismissed. Ames C. Divi
sion io. i. t-nreportea.
the claimant Is the owner or the land or en
titled to them, its order is not final or ap
pealable. 13243. State against Culver. Error from
Boone. Affirmed. Oldham, C. Division No.
1. Unreported.
1. The gravamen of the crime of embezzle
ment by an agent is the fraudulent and
fulonlous Intent to convert the property of
the principal to his own use.
2. Where ji agent converts property of
his principal to Ids own use under an honest
but mistaken claim of right, such act does
not constitute the crime of embezzlement.
i. "That the relation of debtor and credi
tor exists between a principal and bis
agent, and that on a balancing the ac
count the egent could be found indebted to
his principal, are not alone sufficient to
sustain a verdict finding the agent guilty
of embezzlement or converting to- his own
use the property of his principal." Hamil
ton v. State. 46 Neb.. 3A, 64 N. W. Rep., 865.
followed and approved.
136. Jones against Stairs. Appeal, Cus
ter. Affirmed. Oldham, C. Division No. L
Unreported.
Judgment of the district court confirm
ing saie examined and approved.
13X1. Chase County against Meeker. Ap-
E?al, Chase. Reversed and dismissed,
arnea, C. Division No. Unreported.
An action cannot be maintained for
the foreclosure of a tax Hen unless based
upon a tax deed or a tax sale eertlflcate.
Logan County against Carnahan, 92 N. W.
Rep., 9S4, and 86 N. W. Rep.. 612; approved
and followed.
1.1299. Schneider against Vogler. Appeal,
Custer. Affirmed. Duffle, C- Division No.
S. Unreported.
1. A deed is not operative aa a convey
ance until delivery.
1 A deed before delivery Is not available
as a memorandum of a contract of sale of
real estate under our statute.
13S0O. Wants against Squires. Error, Cus
ter. Affirmed. Hastings, C. Division No.
1. Unreported.
The findings of fact made by the trial
court, when a Jury has been waived, has
the force of a verdict and will not be dis
turbed unless clearly wrong.
1S30S. Eppley against Lovell. Error. Clay.
Affirmed. GianvUle, C. Division No. X
Unreported.
1. Where after appeal In an action for
conversion the plaintiff pleads facts af
fecting his title inconsistent with those
pleaded in the lower court, but the same
conversion of the same property Is al
leged, the cause of action stated is the
same, though there is a departure as to
the Issues presented.
2. Such a departure cannot be taken ad
vantage of by motion to dismiss the action
tor by plea to the Jurisdiction of the court.
t. Record examined and held that de
fendant was not deprived of any available
defense by such change of Issues.
4. It is not prejudicial error to exclude
from evidence a paper copied Into the
pleadings by one party and admitted by
the other.
6. A paper not signed by or binding upon
a party, but examined and rejected by him,
may be used as evidence of notice of a
claim made apparent thereby when such
tact Is in dispute.
William C. Whitney.
OMAHA. Feb. To ths Editor of The
Bee: The late William C. Whitney died
leaving a vast personal fortune, estimated
at tio.0P0.000. He owned more country
homes and landed estates than any other
American citizen and his New York City
palace cost a round million before tt rose
upon its foundation to the second floor.
The Interest In this remarkable man an!
rep ret at hla death seems to be universal.
I knew him long and well and will relate a
personal Incident ' which ahows his great
financial ability and the change that he
wrought la. his personal affairs after he
bad passr-d middle age. It was In the win
ter of luxo when he had been practically
named for a place In the cabinet of Mr.
Cleveland that I was walking up Broadway
and he was walking down, we met by
chance Just above Wall street. After the
greeting Mr. Whitney said to me with
much earnestness. In his open, frank, hearty
way: "Miller,, I don't want to go to Wash
ington. I am a poor man and if I could
stay here the four years instead of going to
Washington I might make $100,000 or '
IjHi fum n w mm
IJ. 1j. Jkl.
UA prominent Southern lady.
Mrs. Blanchard, of Nashville,
Teno., tells bow she was cured
of backache, dizziness, painful
and irregular periods by the use
of Lydia E, Pinkham's Vegetable
Compound.
"Dxak Mxa. Pnr in a : Gratitude
compels me to acknowledge the great
merit of your Vegetable Compound. I
have Buffered fof four wears with Ir
regular and painful menstruation, also
dizziness, pains in the back and lower
limbs, and fitful sleep. I dreaded the
time to corns which would only mean
Buffering- to me.
" Better health is all I wanted, and
cure If possible. , Lydia K. Pink
ham's Vegetable Compound
brought me health, and happiness in
a few short months, I feel like another
person now. Uj aches and pain a have
left me. life seems new and sweet to
me, and everything seems pleasant
and easy.
Six bottles brought me health, and
waa worth more than montha under
the doctor 'a care, which really did not
benefit me at all. I am satisfied there
is no medicine so good for sick women
aa your .Vegetable Compound, and I
advocate it to dt lady friends in need
of medical help. Mm, b. A. Blab
CBABD, :i Broad St., Nashville. Ten.
fmrfmt If trifi-mi of sraat aiiMifj
n in alii limn tt ' I
CATARRH
AFTER YEARS OF
Constant Headache and
NV- if
. tmmely annoying. I 1.-st my appetite and
became listless, weak and thin. Teople thought I waa going to die. I used ail manner
of salves, ointments, snuffs and so-called 'sure catarrh, cures,' but nothing haliied ins
until I began using
DUFFY'S PURE MALT WHISKEY.
a11 ' hve taken but six bottles of your most wonderful medicine and am com
pletely cured. ,
The Catarrh Has Botlrelv DLsanneared: ci.n Wii M, imwtlta la riond;
and My Whole System Aeetna to Have
"I have to work over thirteen hours a
""i now nave none of that tired,
played-out feeling 1 used to have. I am
neaner and In all-round nerfeot heaith
'""i to Duffy's Pure Malt Whiskey."
jub is jusi exactly wny Durxy s cures
here all other trMim.ni fu t,
right tO the rOOt Of th ImiiM. an niirlrl
the blood, stimulates the circulation, quiets
? " rm. i mm i uens me neiiri i action,
brings into VlaV nil the vital tnrra on,!
enables you to get from food all the nour-
isnment U contains. It replaces diseased
tissues and builds tin a mtmntr wiihv
body, firm muscles and clear brain it re
news the system.
Cures and prevents catarrh, coughs,
colds, grip, bronchitis, asthma.
p'eurlsy, consumption and all diseases of
throat and lungs; dyspepsia. Indigestion
and every form of stomach trouble; nerv
ousness; malaria and all low fevers. It is
Invaluable in all weakened, wasting, dis
eased conditions, no matter from what
cause.
(JAKES THE WEAK STRONQ
It Is a Promoter Of health and rlne old
the only whiskey recognized by the Government as a medicine. Thla is a guarantee.
CAITIOK Wsea yea ask far Duffy's Pure Mall WlUaaey urn sare yea erst
the geaslac. laser apnloas dealers, nlsvdfal of the esoelleaoa of this pNh
arattoa, will try to sell yea cheap Imitations and malt whiskey substltates,
which are pat on the market tor profit only, ant which, far from rallevlaa
the sick, are positively harmful. Demand "Daffy's" and be sura yoa get
It. It la the only absolutely pare Malt Whiskey wniek ooatalna medicinal,
health-glTlag qaaUtles. Daffy's Pare Malt Whiskey la sold ta sealed bot
tles only, never tn flask or balk. Look tor the trade-mark, the "Old
Chemist, on the label, and be eertaln the seal ovsr the eork Is ubrakaa.
Beware of refilled bottles.
Bold by all druggists and grocers, or direct C00 a bottle. Mefllfal booklet frea
Duffy Malt Whiskey Co., Rochester, New Tork.
... a I
mm
New
Orleaais
Tsllaw
n v
$31.50 - f n
Tickets on sale February 9th to 14th
Lone Limits and Stopovers.
Leaxe Omaha (Union Station) .:,. ?0 p. m.
Leave Council Bluffs (Transfer Station) ,...6:45 p. m.
Arrive St Louis (Union Station) 7:25 a. m.
Reduced rates every day to all winter resorts.
The Only Lino With Station at Main
Entrance to World's Fair Grounds.
giving full view of buildings and grounds from car win
dows. For rates, descriptive matter and all information,
call at Wabash Corner, 1601 Farnam SL, or address
HARRY E. 1YJOORES,
Gen'l Agt. Pass. Dept.
OMAHA.
hSBSSESS
A BEAUTIFUL V0M4R.
Imperial Kalr Regenerator
Is respoastril tnr swl .f t2 baanttfal
lately BannlM. easily aaphraialaala.
.,ba tar BKre an4 Mnfawh7iamlla
f aau- eoktred trra. )wl tnr PsjudluT
laasrlsl Uaa.M.U U la SC.N.W Vstt
n MoConnell Lirug Co.. Omana.
2)efMoyaIe
lasarw Part, Soft, Whlu Skia
i aad a Beaatifal CeatpUxles
'. smi Tniasis ana Tattar. AW
solutalf sod Frmunilr
raoMas Blackkaasa, Vrao
ktas, frmstea, KaduaM, Bua
sst'ts aad Taa. L'aai sill
1 Iraa-koTala Soap a Far
fact akta is toraraa.
SoM k Draogata. sr
any sserosra sJrset.
'Barala kl SOT stale. nasal
ses7ma-avarele Moan, MS rente, by nmatl.
BVata in saa gasfci go, M.M. siawai isM,
THE DEBMA.ROYALB CO.. Cincinnati, a
SCHAEFER'S CIT PRICE DRUG ST0BE
Omaha. Nebr.. and gouta Omaha. Nab.
For aaie oalj by
Snerma
I ls3
s&rery Woman
'flRVCl hirU Spray
a .-' v'ajaMru- Cranjrul,
aw) a a. X. 1 s ZZ.
I ' S OaKH autlllf thS JBS'll'".'"1"
MtallL. ao;'l o XiVr
bu aaad alas.? ? m.
lilunuaixl ouoS-.i li a. rttlTaa V . if
fu.1 parueulara and rtiwaww-t! tn. M
aiulito. tc Ntall(a.nJ , m
1 rark mm. Mm a ara. TJl,if
CURED.
SUFFERING WITH
Annoying Discharges.
"I Had Very Bad Case, Constantly
Qrowlag Worse. I Could Neither
Eat Nor 5lerp aed Looked Uke Dea t h
Nothing Helped He Until I Began
Taking Duffy' Pare rialt Whiskey;
6 Bottles Completely Cured Me."
J. tl WILLIAMS, 1825 C Mala St.,
Richmond, Va. v
Nina cases out of em tm of threat,
lung, stomach and nerve trouble brgln with
Catarrh of the head. Duffy's Pure Halt
Whisker Is the ons swift, post a to catarrh
germ killer' that -cures without bad after
efforts. It's prescribed bjr vw 1.000 doctors
and used in more than 1,000 leading' hoe
pltf.ls because of its effectiveness and abso
lute purity. Catarrh la a blood disease.
Mr. Williams, in his letter, goes on to
say: "I had been a suffervr with catarrh
fir a very long time. It had aCec-ted my
throat seriously. I was never free front
headache, and the discharges were ex-
Been Reaewed."
KEEPS THE STROKQ WELL.
ara. DufTir'a nnnliln, nn fral nit anil la
the Flajc"
Mobile,
Alau
and return
0.35
Charges Less Than al! Others
DR. McCREW,
SPECIALIST
Treats all terms ! rwsessee at
MU OILY,
Twenty-eight years' experience
tlgbteen years iaOraab
TLs doctor's remarkable i
eever been equaled. Ilia reaauroee
facilities lor treating Uaa ctaae cf Oka
are unlimited and every day Cartacs suaay:
nattering reports of tne good as la dutae
or the relief as bas given.
HOT SPRINGS TREATMENT T6B
All Blood Olsons. N 'BRCaJUNO OUT
so tne skin or taoe aad av avatars! atana
of the disease dlaapiw m cao A Bae
ananeni cute tor lire aiiaraateeq.
VARICOCELE
Cures guaranteed la
La. TlUK I PaYli,
NEAR "ti flflfl e cur Hydrocele.
Gleet- is'ervoeg
i ana VUailU
LWbilltV. TuOfeS Of HtraaartJ
aod ail forma ef chroma
iraatmant try BU. Call ar write. Boa
"a,
m,.
V n wl IP M awdm M 41
iittisnlV
S aW
i 1
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