8 '
TITE OMAITA DAILY BEE: RATUHDAV. MATJCIT 2H,
n
! J
THE PAY OF STATESMANSHIP
Comptriitn of Salaries Attached to High
Foiitioni in Eathnd and America.
UNCLE SAM'S PAYROLL MUCH THE LOWEST
rollttral II I nil I'tarra Wllhln Iteach
I Boys Here and Abroad Ranch
f lotllr DIanllarles We
Dispense With.
The Mil Introduced by Senator Oalllnger,
from New Ham&hlre, proposing a sub
tantlal Increase In the salaries of presi
dent and vice president, cabinet officers and
members of congress, gives timeliness to a
comparison of snlarles attached to similar
positions in Oreat 1'rltaln and the I'nlted
States, prepared by thp New York Sun. In
(Jreat Rritaln, however, members of Par
liament serve without pay, while merhbers
f the American congress draw 15.000 a
year.
We get the whole of our executive de
partmentpresident, vice president and
cabinet officers for ll.Vi.orirt a year, that Is.
exclusive of the expenses of their offices.
That Is Just about one-fifteenth of the sum
paid by the British for those same ex
penses of government. It works out In Oils
way:
The salary of the president of the T'nlted
States Is J.TO.nnn a year, exclusive of the ex
penses of the While House, which the na
tion pays. The salary of the vice president
Is $S,ono a year, without household expenses.
Royalty's Stipend.
The British people pay In annuities to
their king and queen, ITiO.OiiO. This is ex
clusive of household salaries, household ex
penses and palace maintenance, which
mount to U.lOO.ox) a year more, and which
the nation also pays, and It is exclusive
also of a host of grants and fees and land
Incomes, which by ancient custom are the
perquisites of the reigning monarch and
which amount to several hundred thousand
dollars a year more.
Besides this the British pay the prince
and princess of Wales IliO.OOO a year, be
sides giving them houses and paying their
household expenses. Then $.150,000 a year
more Is paid to other royal highnesses,
members of the royal family, to enable
them to maintain the state proper to per
sons near the throne.
Bo, without taking Into account per
quisites or household expenses or special
grants from time to time or anything of
that kind, there goes 1,2S0,000 In salaries to
a hereditary ruler and his kin before the
expenses of real government are touched.
Meantime, we are having such duties as
the king and his eldest son perform for the
British people, and a great many, more,
done by our president and vice president
for $58,000 a year.
Then comes the cabinet. England man
ages to worry along and get the sort of
government she likes with a cabinet of
nineteen statesmen. Including the premier,
with a payroll for the nineteen of approxi
mately $400,000 a year. We get along with
: ulna at $8,OOI) a year apiece, so we get the
same work done for $72,000 a year.
Advantages on Oar Side.
Really, the advantage in this cheapness
of statesmanship Is even more on our side
thsn these figures show, for there should
bo added to the British side of the account
a number of funds made available to Brit
ish statesmen In office to defray the cost
of entertaining when it happens that offices
which call for an unusual amount of hos
pitality fall upon peers or commoners who
cannot well afford It.
Besides, there are a number of members
of the government who are not In the cab
inet, yet occupy places In It more analogous
to our cabinet officers than to department
heads In our government. For Instance,
there are the attorney general and the
ollcltor general, tne under secretaries for
war, foreign affairs and other great de
partments and Parliamentary under sec
retaries, whose sole duty It Is to uphold In
the House of Commons the policies their
chiefs are defending In the Lords.
Tou might add $250,000 a year for these.
80 there you get nearly three-quarters of
a million dollars against our little expendi
ture of $72,000 on statesmanship; and,
withal, British statesmen are always com
plaining that the expenses of office eat up
all the salary they receive.
That Is why a British foreign secretary,
even with $26,000 a year and almost an un
limited contingency fund to draw upon for
the cost of auch official entertainments as
he provides, Invariably complains, if a poor
man, that he has trouble In making ends
meet. Yet Secretary Hay, In holding prac
tically the aame office, grubs along with
$8,000.
An American boy can look forward to
being president. The highest salaried po
litical office a young Briton can hope to
fill Is Lord Chancellor of England. The
. salary is the same as that of our president,
150,000 a year, and the chief duty is to pre
side over the sessions of the House of
Lords.
If he falls to become Lord Chancellor, he
can hope to be one of the nineteen cabinet
t ministers at from $10,000 to $26,000 a year,
which ought to be enough to get along on
. In some sort of way. In England, however,
as here, it is an axiom that nobody takes
these high places for the money there Is in
them.
Look at the Figures.
It Is Interesting to notice by a comparison
of the two cabinets how many surplus
offices, with big salaries attached, Uncle
Bam has managed to dispense with. Here
is his list:
Secretary of state
Secretary of the treasury...
Secretary of war
Secretary of the navy
Attorney general
Postmaster general
Secretary of the Interior.....
Hecretury of agriculture.....
Secretary of commerce.......
.1 $,000
. 8.000
. 8.000
. 8,m)
. 8,0110
. tl.'w)
. 8.000
. 8.000
. 8,000
Total
..$72,000
Now take the nineteen British cabinet
offloers. Here they are:
First lord of the treasury $28,000
lrd privy seal IO.O09
Lord chancellor 60,000
MAKES
LIFE'S
WALK
EASY"
TRADE VAHK
Many people bar shoe stav
ply because tber well.
Irouett Booes are built to be a
soma lor toe letl ene
styiitn
U roi'K ton
lAam, vrui nw.
Lewis A. Crossett, Inc.,
U ' J X.
11
NORTH AB1NCTON. MASS
Ixrd president of the council lo.nno
Chancellor of exchequer 2.ofi
Homo se-r'tary 2f.'"i0
'olonlnl secretary
War secretary 8.i)
Indian secretary 26.X
Foreign secretary SS.')
First lord of admiralty 22.?K)
I'resldent Hoard of Trade I'VO
I'resldent Iical Government Board.... ln.("
I'resldent Board of Agriculture I".")
I'resldent Board of Education lo.nnn
Postmaster general 12.5"0
Secretary for Scotland 1n,on
Ixird chancellor for Ireland i.'K'O
Chief secretary for Ireland 21. IK
Total ;1.125
The premier, as such, has no salary, but
takes another office and the salary attached,
usually the foreign secretaryship or the
office of chancellor of the exchequer.
Sometimes he takes a sinecure office and
It j salary also, as that of lord privy seal,
whose duties are nominal.
It Is difficult to compare these offices
with our own, but 1n a general way the
duties of the foreign secretary are those
of our secretary of state; the chancellor of
the exchequer those of our secretary of the
treasury; the secretaries of war do the
same work, and the first lord of the ad
miralty corresponds to our secretary of the
navy.
The lord chancellor Is tbe first law officer
of the crown, as . our attorney general Is
the first law officer of the United States,
but then his other duties take up all his
time, so there Is an attorney general and a
solicitor general, neither of whom Is In
the cabinet; but both of whom are mem
bers of the government, to do the work
our attorney general does.
The postmaster general Is an officer of
both cabinets, end the British president of
the Board of Agriculture corresponds to
our secretary of that department. The
president of the British Board of Trade per
forms duties similar to those of our secre
tary of commerce, and there are several
officers who do the work corresponding to
that of our secretary of the interior and
have a lot of their own besides, due to tbe
fact that all local government in the Brit
ish kingdom Is centralized, while here It Is
cared for by tne states themselves.
You might think that this would be
enough officialdom, but In addition there
are all these members of the government
who are not in the cabinet, but are as much
a part of the British political system as If
they Were:
Salary,
Lord lieutenant of Ireland $100,000
Attorney general S5.0UO
Solicitor general 8o,umi
First commissioner of works lo.uoo
Chancellor of Duchy of Lancaster..,, lo.tmg
Secretary Board of Education lO.ouu
Financial secretary to treasury 10.OU0
Patronage secretary to treasury lo.nou
Civil lord of the admiralty S.OoO
Financial secretary to the admiralty lo.twO
Secretary Board of Trade 6,000
Secretary local government board 6.0U0
Three Junior lords of the treasury.... to.ooo
Paymaster general unpaid
Judge advocate general unpaid
Financial secretary of war office 7.500
Under secretary (foreign) 7,5-10
Under secretary (tmlonlal) 7 . f"0
Under secretary (Indian) 7,i0)
Under secretary (war) 7,5oO
Under secretary (Home) 7,5o0
Lord advocate for Scotland 25,JQ
Solicitor general for Scotland 10,000
Attorney general for Ireland eav.uoo
Solicitor general for Ireland 10.000
Lord chambe.-laln IO.iOO
Vice chamberlain not fixed
Lord steward lu.uoi)
Master of the horse unsalaried
Comptroller of the household not fixed
Treasurer of the household not fixed
Captain general at arms 6.000
Captain Yeomen of the Guard 6.11O1)
Seven lords in waiting unsalaried
And fees. tEach.
QUEER DOINGS AT DOgTfUNERAL
Brass Band Plays ' and at Preacher
Reads a Chapter of the
Bible.
Watt a 8-year-old St Bernard dog, owned
by Captain John Swenson, proprietor of
several dry docks on the shore of South
Cove, at the foot of Warren street Jersey
City, was poisoned recently while his mas
ter was up the Hudson. The dog died, and
Swenson. who had raised Watt from pup
until he tipped the scales at 170 pounds, was
grief-stricken.
Watt was the official watch dog at the
dry docks, and the employes were fond "of
him. They condoled with Captain Swenson,
who gave them a half-day off at his ex
pense to attend Watt's funeral. The men
knocked ofT and gathered around the coffin
of the St Bernard, a varnished pine box,
six feet long and three feet deep. On the
coffin cover was a copper plate with this In
scription: Watt, a Good Dog,
I Years Old.
Captain Swenson stood at the head of the
coffin as chief mourner. An Italian of
clerical appearance, who, Swenson says, was
a "real minister." lead a chapter from the
Bible, but did not offer prayer. Ha got $S
for his services. When the captain and his
forty carpenters, calkers and laborers had
gaxed for the last time on the remains of
Watt, the cover was nailed down and the
coffin was .borne to the grave in the dock
yard. The procession was heeded by a German
band of four pieces, which played a $10
dirge. Captain Swenson delivered the
eulogy at the grave. He said Watt was
the best watchman he had ever had. No
robber ever had dared to visit the yards
while he was on duty, and If there were a
"dog heaven" Watt would have a place of
honor there.
When the grave had been filled, the em
ployes went to their home and enjoyed
the rest of their unexpected holiday.
Watt was valued at $500. Kew Tork Sun.
Driving the Grlaaly West.
In the days of Kit Carson the grizzly had
not learned to look upon man as a foe to be
shunned at any cost, but the qulck-flrlng
magazine rifle has taught him that If he
possibly can he must keep out of man's
sight. He has now been driven back into
the almost inaccessible solitudes of the
northwestern Rocky mountains, and the
sportsman who wishes to add his pelt and
dangling necklace of claws to his collection
of hunting trophies must travel far and en
dure much hardship and labor, for "Old
Ephralm," as he was called by the western
pioneers. Is as cunning as be Is fierce. St,
Nicholas.
1 b
to look
not utp n y
1
ss
Till!
ILLUSTRATED
BEE
FILLED WITH ATTRACTIVE
features, each appropriate to
tha season, the Easter Number
of The Illustrated Bee will be out
on Sunduy. Tlie special numbers
of Tlie Hoe's Mngazine Supple
ment have always been noted for
their beauty and general excellence
and the forthcoming one will be no
exception to the rule. Its makeup,
from the Illuminated cover page to
tlie last page, bas been on the
holiday order, but the general scope
of the magazine has not been lost
sight of, and In connection with
the Easter features, the usual
showing of timely articles will be
found. War news Is still the dom
inant factor, and two pages are
devoted to pictures and text In
connection with the Japanese-Russian
struggle.
CIRST NAVAL BATTLE OP CENTURY
' occurred at Chemulpo, Core a
on February 9. Excellent photo
graphs were made of the engage
ment by Robert Lee Dunn, the
Collier photographer at that place,
and by special arrangement with
Collier's Weekly, The Bee Is per
mitted to reproduce them. These
are the only authentic pictures
made of this great event In the
war.
CORE AN 0PI NI0N OF JAP AND RUSSIAN
is expressed by Archer Butler
Hulbert, late editor of the Corean
Independent, who knows of tlie in
side workings of the Corean gov
ernment. He explains the system
of "graft" that pertains in Corea,
and tells why the nobles hate
the Japanese, who have tried
to secured honesty in the admlnls
tratlon of the affairs of the Hermit
Kingdom. Pictures made from
photographs accompany the article.
CARTER H. HARRISON ON LABOR AND
CAPITAL la the topio of Frank
O. Carpenter for the current week.
Mayor Harrison defends his city
against the aspersions that hare
been cast upon It and proves him
self the friend of both labor and
capital by the views he expresses.
Some of the facts he gives are not
usually thought of, but are of
weight In making up the case for
and against Chicago. A fine picture
of tlie mayor at his desk accom
panies the article.
CL0R A
OF THE WORLD AT THE
1 WORLD'S
FAIR is under the
direction of an Omaha man, Mr.
Joseph H. nadkinson, who will
have charge of all tlie wonderful
display of flowers at St Louis dur
ing the summer; a fine Illustrated
article tells of the display as
planned, and gives some notion of
Its enormous extent As an ex
nmple, ten acres will be devoted to
tbe Rose Garden.
i'S
NEW SERIAL STORY BEGINS in the
current number, by Joseph
Conrad, who has chosen a romantic
period In English nnd Spanish
history for his time, and England
and Jamaica for his background.
The opening chapters promise a
novel of strength and interest. It will
run for about thirteen weeks. The
Illustrated Women's Department,
tlie regular features of the paper,
and everything that goes to make
It the best of its kind have been
given careful attention, to the end
that the number will be up to The
Bee standard. If you are not now
a subscriber, you should leave your
order with your newsdealer today.
THE
ILLUSTRATED
BEE
FIRST COIN OF THE COUNTRY
Rare Specimens of the naif-Cent
Piece Tnra Vp at the Treasury
for Redemption.
The treasurer of the United States on
May 6, 1903, redeemed two half-cent pieces.
This is the first time In the history of the
country that any such coins have been
presented for redemption. It Is more than
a century since the first half-cent piece
was coined, and It Is nearly fifty years
since the government discontinued mint
ing them.
Possibly not one person in 1,000 now living
in the United States ever saw a half-cent
piece.
The last annual report of the director of
the mint, page 8!, shows that 7,(88,222 of
these coins, representing $39,916.11, were is
sued. For almost half a century each an
nual report of the Treasury department
has included them among the "outstand
ing" obligations of the government.
The half-cent piece was the coin of the
smallest denomination -ever made by this
country. It enjoys the distinction also of
being the first coin Issued, and also the
first whose denomination was discontinued.
The United States mint was established
In 1792, and the copper half-cents and cents
were Issued In 1793. Half the total number
of half-cents Issued were coined previous to
1810, after which year their coinage, with
few exceptions, was limited. None was
coined for circulation from 1812 to 1824, nor
from 1836 to 1M8. Finally, in 1857. their
coinage, with that of the big copper cent,
was discontinued. On account of their
limited Issue in the last years of their
roinage they practically had disappeared
from the channels of trade.
The needs of adopting tbe half-cent as
our lowest value-computing factor for a
coin were made In the early days of the
republic Colonial half-cents and British
farthings of the same commercial value
were then in circulation, and many ar
ticles were priced and sold In hslf-cents.
With the progress of the nation values rose
and the needs for a half-cent disappeared.
and their use following the first decade of
the century was almost entirely confined
to multiples.
Ferran Zarne of St. limits was the man
who sent the two-half-cent pieces to Wash
ington for redemption. He now prises
highly the little voucher railing for '1
rent." and which was sent to him with
that amount of current coin in exchange
for the two half-cent pieces he had for
warded Chicago Inter Ooeaa.
SUPREME COURT SYLLABI.
The following opinions will be officially
reported:
11619. Union Pacific Railroad company
sgainst Stanwood. Error, louglns. Former
Judgment vacated; Judgment of the i'Is
trlct court affirmed, round, C Division No.
3.
I. The value of renl property can not be
shown by proof of Independent sales.
it. When a wllnesM as to the value of
real evale has testltlecl thai ,ie has b:ised
Ms opinion upon the prlres ohtalned upon
sales of other specifically described real
estate in the neighborhood of that in con
troversy, an offer of evidence of the prices
actually obtained at such salts, must in
clude an offer to prove that such prices
were In fact different from what the wit
ness. In basing his estimate of values there
on, understood them to be.
12fi4. Mitchell against Clay county. TTrror
from Clay. Former Judgment vacated;
Judgment of the district court affirmed.
Sedgwick, J.
1. The salary allowed a county clerk for
services as clerk of the county board must
be accounted for as fees of his office.
2. The county board acts Judicially In
fixing the amount of the salary of the clerk
when acting as clerk of the board, but
when such fees have been allowed as such,
nnd paid to the clerk, if the total amount
of his fees for the year. Including the fees
so allowed, Is more than the limit of his
annual salary as fixed bv ststute, he is
liable to the county for the excess.
1291S. Mclieod against IJncnln Medical
college. Appeal from Lancaster. Tteversed.
Bedgwlck, J. Holcomb, C. J., dissenting.
1. The directors of a corporation can not
bind It by contract with another corpora
tion of which they are also directors, and,
which they represent In making such con
tract. 2. The majority stockholders of a corpor
ation have no power to exclude the min
ority stockholders therefrom, by organizing
a new corporation and transferring all the
property and good will of the old to the
new corporation without tbe consent of the
minority stockholders.
3. The minority stockholders can main
tain an action In their own names to set
aside an Illegal transfer of all property and
good will of the corporation, when such
transfer In made by the board of directors
of the corporation pursuant to instructions
of the majority of the stockholders.
1308. Orand Txdge, Ancient Order of
T nlted Workmen, ngalnst Unrtee. Krror
from Colfax. Former Judgment vacated.
Judgment of the district court affirmed
Holcomb, C. J.
1. The plaintiff, wife of the deceased,
with whom she had lived for twenty years
before his death and to whom she had
talked regarding his birthday at different
times, and who had a general acquaintance
with the family history and tradition, held
to be a competent witness to testify to the
age of her deceased husband.
J. A wife who has lived for twenty years
with her husband will he presumed to know
is age and to be qualified to testify thereto
unless the contrary clearly appears from
the record.
3'.,Th? da,f of a person's Mrth may he
testified to by members of his family, al
though they may know of the fact only by
heresay, founded on family tradition.
4. Hecnnse the first knowledge obtained
5 wife as to her hushand's nge Is de
rived from an Incompetent source, this will
not disqualify her from testifying as to his
age where by reason of her membership In
I . fJm,Iv knowledee of such fact Is oh
talned from other sources to which no valid
objection applies.
E. Evidence examined and held sufficient
to sustain the verdict of the Jury.
fi. Alleged errors In givlne and refusing to
give certain Instructions duly excepted to
examined and held not well taken.
7. An application for a new trial on the
ground of sttmrise and newlv discovered
evidence Is addressed to the sound discre
tion of the trial court, nnd Its ruling
thereon will not be disturbed unless there
is an ahnse of discretion shown.
8. Pefore the defendant Is entitled to a
new trial on the ground of newlv discov
ered evidence It must appear that' due dili
gence was exercised to procure siich evi
dence upon the original trlnl, and that It Is
through no fault or neglect of the party
making the application that such evidence
was not then produced.
Jt. The ruling of the trial court on the ap
plication for a new trial on the ground of
eurnrlse and newlv discovered evidence held
to be without prejudlelel error.
13217. City of South Omaha against Mee
nan. Frror from Douglas. Reversed, with
Instructions. Klrkpatrlck, C. Division No.
3.
1. In an eoultshle suit to quiet title a
municipal corporation, being defendant,
claimed title to the land In controversy bv
dedication ns a public street, hut offered no
proof of this allegation. The plaintiff
showed adverse possession in herself and
grantor for more than ten vears pr!n- to
the commencement of the action. Held
that nlalntiff was entitled to a decree
2. Where one goes upon land under no
color of title, hut ns a mere Intruder, he
can acquire title by adverse possession only
to so much of the land as he actually oc
cupies end uses for the period prescribed
by statute.
3. Evidence examined and held sufficient
to sustain a decree for plaintiff to so much
of the land as she Is shown to have used
and occupied.
13223. Sattler against the Chicago, Rock
Island ft Pacific Railroad company. Drror
from fass. Affirmed. Qlanvllle, C. Divi
sion, No. 2.
1. A fast through train on defendant's
road was side-tracked at a small way sta
tion to allow another through train to
pass. Some fifteen minutes later, plaintiffs
Intestate left a car on the standing train
In which he was a passenger, and crossed
diagonally the main track upon which the
other train was approaching at a time and
In such direction, that he could see the in
coming train. He hurriedly went to a
pump some ten steps from where he croBsed
the main track, hurriedly procured a drink
and ran back toward his car. attempted
to pass in front of the rnMdlv movlne
train on the main track, and was struck
by the engine and killed. Held, that de
ceased was guilty of such negligence as to
preclude a recovery.
2. When the evidence Is not sufficient to
warrant a verdict for plaintiff, the court
should not submit the case to the Jury
upon the theory that It Is so sufficient. A
peremptory Instruction for defendunt In
this case held warranted.
3. Chicago, Rock Island Pacific Rail
road company against Sattler. Nebral:a
90 N. W. Report, 660, approved and foN
lowed.
122. Osborne against Missouri Pacific
Railway company. Krror, from Douglas
Affirmed. Oldham. C. Division No. 1
1. The general rule Is that where ordi
nary prudence would have prevented the
deception, an action for the fraud perpe
trated by such deception will not lie.
2. A party, who, having the capacity and
opportunity to read a release of claims for
damages for personal Injuries, signed by
himself, and not being prevented by fraud
practiced on him from so reading ii, failed
to do so. and telled upon what the other
party said about it, is estopped bv his own
negligence from rlaimlnor that tha
is not legal and binding upon him accord
ing to its terms.
132SS. Boden against Mler. Appeal from
Saline. Affirmed. Albert. C. Division No 2
1. Section 22, chapter 20. Complied Sta
tutes, provides that all writs, notices, or
ders, citations and other process may be
served In like manner as a summons in
a civil action In the district court, and
that In cases where writs, notices, cita
tions and other process cannot be served
as aforesaid In this state, the probate
court may In cases where It may be neces
sary, order the service thereof to be made
by publication In aome newspaper in this
state, in such manner as the court mav
direct. Held, that this section does not
authorise the county court to order per
sonal service on a nonresident minor. In
proceeding had to vacate a Judgment or
order of such court In probate proceedings,
no affidavit that service cannot be made In
this state on file.
2. Personal service, outside the state. In
pursuance of Station 81. Code of Civil Pro
cedure, Is a nullity In the absence of an
affidavit for service by publication.
8. Where Jurisdiction has not been ob
tained by due service of process, a court
acquires no Jurisdiction over minor de
fendants by the appointment of a guardian
ad litem and the filing ot an answer by
such guardian.
4. Section 34, chapter 23, Compiled Sta
tutes provides that all gifts and grants
shall be deemed to have been made In ad
vancement if they are expressed In the
gilts or grants to be so made, or it charged
In writing by the Intestate as an advancti
ment, or acknowledged In writing as such
by the ohild or other descendant. In an
action to adjust advancements, held, that
oral testimony is incompetent to prove me
advancements.
t. In the distribution or partition of an
estate a debt due the estate from a dis
tributee, or some person through whom he
inherits by right of representation, which
is barred by the statute of limitations,
cannot be deducted from the share of
such distributee.
6. The appointment of a guardian ad
litem Is not a mere matter ot form, nor
are his duties merely perfunctory; he
should prepare and conduct the defense of
his wards with the aame rare and skill
as though scling under a retainer.
1331. Brown against Brown. Krror, from
Hamilton. Reversed. Albert, C Division
No. Z.
1. feectton 149, chapter xxill. complied
statute (MM1 Cobbey's Ann. St.) provides
that '"when any testator shall omit to pro
vide In his mill lor any of his children, or
for the iMMue of any deceased child, and it
shal appear that such omission was not
intentional, but wis made by mistake or
accident, such child, or the Issue of such
child, shall have the same snare in the
eiate of the testator as If he had died
Intestate, to be assigned as provided In
tha preceding section. ,r Held (1) That parol
evidence Is admissible to show whether
socn omission was intentional; iZ) Thai Ui
J
r
On Snlc
Saturday
Morning
at 8 o'clock
LUPrJi
2,000 LADIES' . SP
At Remarkable
THE MOST SENSATIONAL SUIT OFFER WE EVER MADE
Manufacturers of ladies' apparel throughout the country are alarmed at trade conditions
the season is unusually late great factory stocks must be sold quickly now, even at a loss.
Profiting by the situation we secured from a great Eastern concern, 2,000 of their finest tailor
made suits, at a bargain that was never equaled in the history Of our cloak and suit purchases.
These suits are here now and are being unpacked and tomorrow we offer
Smart New Suits at Less Than Their Cost to Make
Here are splendid sample sutits beautiful novelty effects in loth dress
and walking suits many of them are exclusive in style and
worth as much as twice what we ash for them
tomorrow, choice, at
Come prepared to find (he
burden of proof is on the pretermlttfil
ohild or grandchild to show that the omis
sion was unintentional.
2. Section 60a. code civil procedure, which
provides for intervention before trial, does
not curtail the power of a court to LHiik
other parties before It when satisfied that
thttir presence Is r.ocesary to a proper de
termination of the cause.
3. An erroneous ruling overruling a de
murrer -is error without prejudice, where
the pleading BHsalled is afterward amended,
and the cause submitted and determined
on the amended pleading.
4. When necessary to a proper determina
tion of the cause. It is not error to permit
an amendment to a pleading after trial
and reopen the case for a trial of the Is
sues tendered by such amendment.
6. Evidence examined, and held. Insuf
ficient to sustain the finding of the trial
court.
a&Ei". State ex rel Prout against Nolan
Quo warranto. Writ denied; action dis
missed. Karnes, J.
1. An answer to a petition in quo war
ranto, which alleges that the respondents
are holding the otilce in Question by lawful
appointment, under the provisions of a
leglslullve act and which sets forth tho
facts in relation thereto, Is sufficient to
put the validity of sucli act In issue.
2. A legislative act should not be declared
unconstitutional unless it Is so clearly In
conflict with some provision of the funda
mental law that It cannot stand.
3. The legislature may, by statute, confer
upon the governor the power to appoint the
board of lire nnd police commlseluners for
cities of the first class
4. Where general und special provisions
of a Matute come In conflict, the general
law vlelds to the special without regard
to priority in dates, and a special law will
not be repealed by general provisions un
less by express words or by necessary Im
plication. ... M I I
6. The several sections and provisions
of a legislative act should be construed
nhr anri harmonized If Dosslble and
lOthere Is a conflict In them the general ex
pressions must give way 10 special ana spe
cific provisions.
8. That part of the charter of South
Omaha providing for the election, and de
fining the jurisdiction of the police judge
Is separable from the rest of the act. and
If necessary may be rejected without af
fecting the validity of the charter.
7 Held, that the respondents ere the
lawfully constituted Hoard of Fire and
Police "Commissioners of the city of South
OniRha.
13379. McKlbbln sgainst Day. Error, from
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ts son
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The ladies' suits are in the very latest
nnd swellest styles for spring everything
entirely fresh and new all the new shades
all the novelty fabrics all sizes in fact a
complete new stock to be sold at the most
amozing bargains.
GENUINE $12.50 SUITS AT S7.75
Jfovelty cloth suits in Eton ami blouse styles E37"T
jackets silk lined new cloths and colors I 0
eight different styles, all
sizes, at ,
REGULAR $16 50 SUITS AT 9 98
Etamine and canvas cloth suits with new
epaulet capes, etc., the latest trimmings,
and the swellest new styles, would sell at
wlwlesale at $14 up to $16.50, at
FINE 20 09 SUITS AT 12 50
.Voile Dress Suits also novelty 'vralkinf'
Suits Eton, blouse, military, etc. all
the newest style features a variety
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greatest suit bargain ever known so early in the spring
Lancaster. Reversed. Albert, C. Division
No. 2.
1. In a personal action for the recovery
of money only, where a resident of the
county where the action is brought is
Joined with a resident of another county,
to authorise service upon the latter In Uie
county of his residence there must be an
actual right to recover against the de
fendants jointly.
2. Where the allegations of the petition
In a case of that character are suoh as to
Include both a Joint and several liability
against tlie defendant, Uie jurisdiction of
tlie court as to lhe non-resident on his
several liability, ie sufficiently challe;ig'd
by a plea to the Jurisdiction, setting forth
the fact of his residence in another county,
and the service of process upon him therein,
and upon the return of a verdict which
negatives a joint liability, he la entitled
to a dismissal.
8. In an action for false and fraudulent
representations in the sole of property,
where a co-partnership and the alleged
members thereof are made defendants, and
the relationship of the other defendants to
such co-partnership In put In issue, it is
error for the court to Instruct on the theory
that the Individual members of the co
partnership are the only par'tes defendant,
4. Ordinarily where a vendee hus an op
portunity for Inspection, representations by
the vendor as to the value of the property
are regarded as mere expressions of
opinion, and afford no basis for an action
of fraud and deceit.
6. But where such representations are
based on special knowledge of the vendor,
which he obtained, or pretends to have ob
tained, by handling the property or in
voicing It, and are believed by the vendue,
and at tftd upon by him to his Injury, Uiey
amount to actionable fraud.
13'M. Huish against Pillon. Error, from
Kearney. Kevereed. Dutile, C. Division
No. S. . , .
1. In stating an account aa In maiclng
any other agreement, the minds of the
parties must meet, and tlie transaction
must be understood by the parties aa u
final adjustment of the respective demands
between them, and the amount then due,
134U0. Perrlne against Knights Templar
and Masons' Dife Endowment Company.
Error from Jefterson. Jtevered. Oldham,
C. Division No. 1.
1. An action upon a benefit certificate or
Insurance policy is transitory and not local
In its nature, and may be brought in what
ever state tt'e company issuing the policy
can be found, without uny regard to where
the contrarl of Insurance was made or the
subject thereof was located.
2. The appearance of a defendant for the
Fole purpose of objection by motion to tlie
jurisdiction of the rourt over his person is
not an appearance to the action; but where
the motion also challenges the jurisdiction
of the court over the object matter of th
controversy and Is not well founded It Is
a veluntary appearance equivalent to a
service of summons.
1418. GafTey against Northwestern Mutual
Ijlfe Insurance (Company. Error from Ian
caster. Reversed with Instructions. Detton.
C. Division No 8.
1. When a court of equity has taken cog
nizance of a case Involving the right of
rival claimants to the possession of leased
premises, with ail parties interested in the
premises In court, It has full power to do
equity by placing tlie party whom It finds
entitled thereto Into possession of the
pren'lses.
2. Findings of fact made in a case tried
to a court are entitled to the same weight
as a verdict of a Jury and a Judgment in
consistent with and contrary to the find
ings will be reversed.
18428. Kitchen Uros aralnst Dixon. Krror
from Douglas. Reversed. Duffle, C. Divi
sion No, 3.
1. A bellbov In a hotel, a part of whose
duties consist in showing guests to tueir
rooms, using the elevator for that purpose,
and the elevator boy In charge of the ele
vator, both being employed and subject to
the directions of the same master, are fel
low servants.
I. Petition examined and held to charge
negligence causing the accident for which
damages are sought to be recovered, to tlie
acts of a fellow servant.
8. An Issue not made hy the pleadings
may be regarded ss an Issue in the case
where evidence is Introduced and received
thereon without objection, but when objec
tion is made that evidence offered Is not
within the issues, it Is error to receive It
and to try and submit the oase on the
theory that su h question is an issue in rn
case If it is not in fuel made so by the
pleadings. ,
1MJ!i. Pitman against Mann. Appeal from
Dawes. Reversed with Instructions. Ames,
C. Division No. 1.
1. One of the most salutsrv rules of the
law la that one shall not profit by his own
wrong. A man who has fraudulently exe
cuted snd put In currency a mortgage upon
his homestead, without procuring Ills wife
to Join therein, cannot, In an action to
forecl(e the Instrument, after her death,
gnln anv advantage by his own wrong
unless he can make it appear that such
advantage will accrue, at least In part, to
some one other than himself, belonging to
some of the classes of persons sought to
he protected by lhe homestead act.
1345! prudential Insurance Company of
America against Connelly. Error from
Douglas. Affirn-.fd. Oldham. '. Division
No 1. Unreported.
1 Evidence examined and held sufficient
to sustain the Judgment of the trial court.
13M, Mcttiide against Whitaker. Ap
On IS nls
Saturday
Morning
r
at 8 o'clock
I
LI
2C
peal, from Buffalo. Affirmed. Albert, C
Division No. 2. Unreported.
1. Where, on appeal to this court, a de
cree la reversed and ret anded to the
district court with directions to enter a
particular decree, tho district court ha
no authority to op-er. up the case for the
presentation of a oefer.se btsed on a ques
tion litigated and disposed- of on the ap
peal. Where a cause is thus temanded, the
correctness of the cecislon of this court
is not cpen to Inquiry In further proceed
ings In the cause In the district court.
3. The refusal of the district court to fit
tho amount of a supersedeas for an appeal
Involves mereiy a mi.irsteriol duty, and the
remedy is by mandamus.
l.'tr.g. Herst against Heard of Supervisors,
Dodge county. Error from Dodge. Appeal
dismissed. Duffle, C. Division No. 8. Un
reported. 1. There Is no provision rf 'he Code matt
ing an order dissolving or modifying a tem
porary Inlunctlon appealable except In con
nection with a final Judgment disposing of
the case.
18-K Wedding Kings. TCAhnltn, Jeweler.
(asthma
Medical authorities now concede that nnder
the iTstetn of treatment introduced by Dr.
Frank Wiielzel of Chicago,
ASTHMA CAN BE CURED.
Dr. L. !. Knott, Lebanon, Ky.; Or. F. E.
Brown. Frlinghsr, Iowa; Dr. C Curryrr.
Psul, Minn.: Dr. M. L. CrafTey, 8t. Loin?;
Mo.; Ir. (',. V. Beard, Ho. Frainln(iiiin, Mss..
ber w!tni to theeliicacy of his treatment
and the peinianencT of the cure in their
own ca.ip. Dr. Hhetzel i new method is a
ruiieai rinntrtms from the old fashioned
moke p. wders, sprays, etc., which reliee
but do not curs.
FREE TEST TREATMENT
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.( . i . . , .u. ii '4 tpml i ii (7 names of two
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oi exivriencc of tno-e cured.
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sit BHirrrcTTKimM
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S..H r.-..mmniid bysHKRWAN k Mrl iN
K El f. I'KI'li ., Cor. 1Mb snd 1'ndsa. Ow.iha
.ssss svj
PARKER'S
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i toluuUb the growth of tbe hair and
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When the hair U yruy or faded It
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ii
It prevents Dandruff and hair faillrur
and kee ja the seal n clean acd health.
, . - -
las as inimiiiiiniiM
Tomorrow
g50
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aaX ' t m -Jli'
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