THE OMAHA DAILY REE: FRIDAY, APRIL B, 1904.
. A, REIMS DIES IN PRISON
Tormtr Ksligh Banker Eadi Lfs in Bioni
Talli Psoitsntfary.
FATHER STILL A PRISONER THERE
Mack ef Pathos la Story lafnrta
aats Bveat Which Led to ths
Ceavlctloa of Two
V Sebraekaas.
Cdward A. Relmers died it 6 30 yester
day morning at the Sioux Fslls (8. D.)
penlrenttary. Such Is the substance of a
telegram received by The Bee.
Ths Relmera, father and eon. were sen
tenced to five years (n the Sioux Fella
prtaon by th t'nlted S'etes court of this
district for wrecking the First National
bank of Nellgh, Neb., tha elder Retmer, "C.
A.," being tha prealdent of the bank and
tha aon tha assistant eaahler.
Tha bank cloaed In July. ISM. the real
wrecker of tha Inatltutlon being Charles
K. Alder, eaahler and manager of the
Dank, who fled to Mexico, and la still there.
Alder wae finally located In northern Mex
ico and Deputy Marshsl C. W. Pearsalt
and Captain John Webb of the United
lltatea aecret aervlce department went there
aftei him. At that time there wss no
extradition treaty between the fnlted
States and Mexico and the offlcera had to
return wtlhout their prlaoner. The ex
tradition treaty did not go Into effect
nttl January, 198, and a Alder had
been In Mexico for aix montha prior to
that time he eacaped the conditlnna of tha
treaty, and Is consequently itlll at large.
Some Pathetic FeatarM.
Tha ory of the wrecking of the Nellgh
bank possesses some pathitic incidents, and
while the two Relmera were technically
guilty, many of their friend believed then
and now that they were but the vlctlmi
of Alder's rescallty. The elder Relmera
waa a German and came to Pierce. Neb.,
from Iowa In the early daya. and having
made aome money as a blacksmith In
Iowa, Inveated hla savings In the hardware
bualnesa at Pierce. lie waa persuaded at
the instance of Alder to Invest In the
Nellgh hank. Ha waa made the nominal
president of the bank, though still con
tinuing hla hardware bualneaa at Pierce. A
condition of his Investment In the bank
waa that hla aon, F.dward, should be given
a position In tha bank and he ,waa made
assistant cashier. Finally the elder Relmera
decided to dlspoaa of his Intereat In the
bank, and Alder proposed to buy It and
tha transfer of atock waa made to Alder,
one of the considerations being a $5,000
note on a prominent stockman In that
vlHnlty, and other securities of that
character. The note was left with the bank
any when It became due Alder collected
the note with other securities and fled
from tha country. As Alder could not
be reached, the two Relmera were ar
rested, tried and convicted for bank wreck
ing and were each aentenced to five yeara
at Bioux Falla In March, 1800.
Convicted rbrlatmaa Etc,
Tha trial took place In tha previous De
cember and the verdict was rendered on
Christmas eve. .Tha two men, ever hopeful
of acquittal, were completely unnerved at
tha verdict. Judge N. D. Jackson of
Nellgh waa tho leading counsel for the
defense. Tha motion for- a new trial was
overruled and sentence finally waa passed
early In March of 1900 and the two men
ware taken to Bioux Falla, March II, UOO,
to begin their Imprisonment.
In relating the incident of their arrival
at tha penitentiary Deputy Marshal Pear
. tall, who took them there, aald:
"To ehow how little tha two men looked
like prisoners, one of the prison officials
mistook them for vlaltora and began ahow.
Ing them over the prison, and explained to
them every point of Intereat. Having
completed tha Inspection ha waa about to
bid them goodbye, whan tba younger
Relmera Intimated that there might be
aome mistake, aa they were not there as
visitors, but that they ware booked for a
five-year atay at the prison. Tha official
waa dumbfounded for a moment and re
marked to ma that he came mighty near
turning them out."
WHERE MAPLEJUGAR FLOWS
Primitive Methods Pwreaed la tha
I
Weds of Northern
Vermont.
Maple sugar making la a more extenatva
Induetry than might at first be supposed,
tha annual output or tha country being 61.
000,000 pounds, with 1,000.000 gallons of
honey; of thla Vermont, email though It la,
furnishes mora than any other atata.
Although tha primitive and romantic
faahloo of boiling aap In a huge kettle
alung over an open (ire haa passed away
with other thlnga of a like nature, yet the
sugaring time la still a season of joy and
activity to all living within range of the
camps. Tha first step In tha manufacture
cf maple augar by present-day msthoda la
tha preparation of horee-aled roads, which
begins aa soon aa tha first heavy snow falla
In early winter.
Aa tha weather beoomea warmer in
March, buckets and spouts are overhauled,
washed and put In order to be in readiness
when wanted. Theae bucketa are usually of
tin, holding about fifteen quarts each, and
often covered, although many wooden open
ones are uaed by small and lees painstak
ing manufacturers. Loaded upon sleds the
bucketa are drawn out over the prepared
roads and distributed among tha treea of
tha orchard. Sometimes this Is done when
tha snow Is still so deep aa to necessitate
nowahoee. but the wlae old augar makera
tell us that sap will not run until the enow
thaws away from the base of the treea;
and I have known ambitious sugar makera,
lured by a few daya of spring-like weather,
ta scatter their buckets and then not be
able to find one of them for aeveral weeks,
because a big anowttorm had burled them
two feet deep of mora.
But Anally there are some warm, aunny
days. Tha nights continue sharp and
froety. but tha sun comes up with a smiling
faea and tba wind ta aouth and mild. Thla
la Ideal aap weatber, and tha whole work
' tout fore la at one mustered to tap the
trees and hang tha bucketa. Holes from
na and one-half to. three incbea deep are
bored on the aouth aide of tha tree with
a half-Inch bit. and Into theae are driven
round tin spouts, with hooks attached on
which the buckets are hung. If tha aas
star la briskly and tba day la still, one can.
stand in tba augar house door and hear the
measured drip, drip, drip, until the bottom
ar me empty oucaet la covered. In the
moat up-to-date places tha aap Is gathered
sack, day. Tba but monitor draw-tub. ao
called from ita resemblance to tha cele
brated raft, being drawn along the roada
and filled by relaya of aiea who collect. the
aap tram tree to tree by big palls slung
tram a shoulder yoke. When the "mon
itor is nuea it u drawn to camp and
emptied Into hug holder having cloth
erraJnera on top ta catch any foreign Bub
al a see which may have fallen Into the sap
Where) the orchard Hea on a elope tha sap
ia frequently conducted to the camp
through pipes, and thus much of tha hard
labor Is aaved sad all of Its picturesque-
baas loss H. PsrcJvsJ la Outing.
twera Bwch
tars celebrated Bock Bear an draught
mm sod after Satnrsay. April t To get.'!
la hot lies, bv tbS ssa tarn vats home.
I0TEJ CI (HUM SOCIETY
Mia Annie Richardson entertained a few
friends at finch Tuesday afternoon, Miss
Minnie Phillips winning the prise. The
party Included ten.
Mr. and Mrs. Benjamin F. Bmlth of Bos
ton were guests of honor at a dinner given
Monday evening by Mr. and Mrs. Thomas
Kllpatrirk.
Mis" Margaret Hitchcock waa guest of
honor at the meeting of the Laineheon
club, entertained today by Miss Jeanne
Wakefield. The club la composed of the
young women of last season's debutante
set. The members preaent were: Miss
Austin Holdrege. Mlsa Marguerite Prltchett,
Miss Faith Potter, Mlsa Lucy Oore. Mlsa
Bessie Brady and Mlsa Jeanne Wakefleld.
Mrs. Noah Perry entertained at luncheon
for eight guests today at ber home In
Dundee.
Miss Flla Msy Brown returned Wednes
day from Kanaaa City, where aha lias
spent the past few weeks visiting friends.
Mr. and Mrs. H. C. Cheyney left Monday
for their future home In Milwaukee.
Mrs. E. U Lnmai and Mlsa Lorn ax are
again In Kansas City.
Mrs. C. F. Weller is spending tha week
with friends In Chicago.
Miss Daisy Rogers left last evening for
Grand Island, where aha will spend a
fortnight visiting friends.
Mrs. II. L. Whitney went to Chicago
last week and la expected home Friday.
Hon. George A. Marden and wife ar
rived from Boston today and are making
a ahort visit with their cousin, Mrs. C. F.
Wllklna of 1S!2 Chicago street. Mr. Marden
la at preaent United State subtreaaurer
at Boston, having been appointed by Prea
ldent McKlnley during his first term. He
la also editor and proprietor of the Lowell
Dally Courier, one of the leading papers of
the state.
Mrs. P. T. McGrath wilt be hostess of
tomorrow afternoon's meeting of the C.
B. Euchre club, at her home, 1134 South
Thirty-second street.
The faculty of Brownell hall haa planned
a social affair for the day pupils. It Is to
be r dnnclng party and will be given in tha
gyinn:islum Friday evening.
Miss Helen Davis will entertain at lunch
eon Saturday.
Miss Jeanle Aycrlgg haa invitations out
for a luncheon to be given Saturday.
Mrs. Wakefleld arid Miss Wakefleld ex
pect to go to Bt. Louis early In May to
Join Mr. Wakefleld. Later In the summer,
the last of July or early In August, tbey
will accompany him to Portland, Ore., to
apend a few weeks.
ON THE R0AD TO LHASSA
Rome Idea of the Dlflewltlea tha Brit
ish Expedition Earnnatcri on
the War to Thibet.
The British column which has camped
for some months among the Himalayas of
Blkklm. northeast India, got under way
last week and at laat accounta had reached
the edge of Thibet, and waa In camp In
Tang La pass. Thla 'gateway between India
and. Thibet atands 15,700 feet above tha sea.
It might ba Inferred that the British force,
1,000 atrong, with camp equipment, rifles,
four big guns and two Maxims, would reach
such an eminence only with tha grtateat
difficulty. This, however, la not so. Tha
approach to the Tang La pass haa been ac
curately spoken of aa "a gradual and
scarcely notlceab!) ascent." When tha col
umn marched from Chumbl to Pari it grad
ually ascended 4,000 feet, which Is not a
very atlff climfc, being spread out over
twenty-one miles: and In tha eight miles
from Pari to tha pass the ascent waa barely
1.000 feet.
These thlnga are worth mentioning be.
cause I.) many descriptions of the routs tha
British are talcing Into Thibet there have
been frequent referencea to "stupendous
passes" and "enormous natural difficulties."
They in fact exiat only In tha minds of
writers who have not reallaed that, though
the British have only just reached tha po
litical boundary of Thibet, they have been
living for montha on the Thibetan plateau,
the loftiest In tha world, and that the
passes through tha mountalne are really
very mild affaire.
The first destination of the Invading force
ia Oyangtse In Thibet. The British have not
yet announced any Intention of going be
yond that point if they are successful there
In making peaceful negotiations with the
Thibet ana. Tha ostensible purpose of the
expedition Is to compel tba Thibetans to
recognise the treaty obligations by which
they agreed to permit trade intercourse be
tween India and aouthern Thibet, an agree.
ment that haa been practically a dead lat
ter ever alncs It waa signed. There may
ba trouble, however, before tha British
column reachea Gyangtae, as the dlspatchea
aay an attack la expected beyond Thuna,
Men is only a day'a Journey into Thibet.
No part of tha track to Gyangtse seems
to offer any serious difficulty, but it will
not be a pleaaure excursion, - even though
the Thibetans offer no opposition. We are
rending that the march la very exhauatlng,
that many troops are prostrated by moun
tain alckneas and that the changes In tem
perature are extreme. Thla Is just what
Iggulden, Bogle and other travellers over
this route said long ago. Probably no
civilised army haa ever before attempted
to march 110 miles, the distance between
Chumbl and Oyangtae st such an enormous
altitude. Tha column has left behind the
charms of Chumbl and la now amid the
bare and brown uplanda of Thibet, at a
height aa great as that of Mont Blanc.
Bogle wrote of this stretch of road that
it traverses a more inhospitable region,
where the houses are few, where the aun
Is very hot by day, tha nlghta are bitter
cold and not a tree or plant is seen except
in the valley bottoms.
Thla) Is the historic road between Blkklm
nd Thibet; the repellent region through
which It axtenda has, however, never been
a barrier to frequent Intercourse between
the people of Gyangtse and their southern
neighbors.
Tho aspect of thlnga will change again
when the column entera tha Nyang Chu
valley. In which Oyangtse atands. This
valley Is one of tha richest In Thibet, full
of whits villages, and all tha land la tilled.
In fact, Oyangtae and Ita aurroundlngs are
sort of oaala in the wide expanse of
bleak and barren plain. The British hops
to reach tha town in about ten daya, which
la the ordinary rata of travel. It would
seem to depend upon the Thibetans whether
the foreign Incursion la to be extended to
the forbidden city of Lbaaaa. New Tork
Bun.
ROBBERS LOOT TRADING POST
Two Marked Moat Oct Cash fresn Oar.
erasaeat Ageaey la
Idaho.
ROSS FORK. Idaho, April 7. Tha govern
ment trading poet at this point has beat
held up by two masked men who secured
about tl.mo in gold and stiver. The rob-
fnierw ine store juat aa as em
ploye named Pjke was transferring the
cash from tho money draw era to the
safe. Ordering him ta hold up hla bands.
may nound and gagged Fyke and then
rifled the safe. The robbers ascsped with
ins pjunoar.
Btors celebrated Book Bear as draught
Baiuxoftj,
TO TEST FISn AND CAME LAW
At'.B-iot for ri-htrmati Proposal to
What 8iatnt Amount! To.
CLIENT IS LOADED DOWN WITH GAME
Has Esesgh to Pay Flae of Over
Thoasaad Dollar a, bat Ha
Claims They Were
Fairly Caaght.
The case or Henry Uest. arrested aome
time ago for having In his possession forty
one fish of varying sizes and kinds "con
trary to the law In such cases made and
provided and against the peace and dig
nity of the state," came up In Judge Vln
aonhaler'a court and waa continued to
May 13, which date Mr. Gest firmly be
lieves will bs a truly unlucky one for the
persona tha put him temporarily In "dur
ance vile." In other words, ha thinks his
arrest and prosecution on thla charge la
a scaly proposition and proposes to fight
it to tha bitter end.
Tha law provides that'for each fish found
In the possession of any person, be It bin
or little, unless it Is during the season when
the law says thst they may be caught,
a tins of 826 per flsh shall be Impoaed. At
this figure Mr. Cost's forty-one fish would
be worth 11.026 to the state, which, he
argjes, is too high.
Gest has retained A. 8. Ritchie as his at
torney to fight the case for him and the
latter proposes to make the occasion the
vehicle for showing up the Incongruities of
the fish and game laws as they now exist
on the statute books of this state.
The law applies to the Missouri river,
so far as Nebraska Is concerned, and
thereby hangs Mr. Oest's flsh tale. This
state, of course, controls the fishing in
the Missouri only to an Imaginary line
In the middle of tho stream, while anybody
la free to catch all the fish he can In the
Iowa half of the river. He may also
angle to his heart's content above and
below the Nebraska boundary, but so far
as the rectangular part of the river oppo
site the Nebraska shore Is concerned, to
the middle of the stream, the law says
"thou shalt not catch any flsh."
Water Is Free.
Now, the fact that this part of the river
Is hustling right along by the Nebraska
shore all the time and that It Is free
water when It cornea and free after It gets
by will figure In Mr. Oest's defense. Also
the fact that if there are any flsh In It
they come from free waters and have a
right to be caught if they want to will
cut aome figure. Again Mr. Gest will re
quire his prosecutors to draw that line
In the middle of the stream and then
prove that he caught his fish on the Ne
braska side of that line. He will offer
to prove that ha got them on the Iowa side
and claims that if he was an Inch on
the other side or the dead line they canont
fine him, even though all the flsh he had
have the Nebraska brand notched In their
tails. If a man can get on the Iowa side
or the river and expectorate on his bait
with sufficient violence to entice the Ne
braska flsh acros sthe line, Mr. Oest
claims, they are fair game, and the state
will have trouble in proving property. And
he says. Anally, that he was on the safe
side of the river.
SUPREME COURT SYLLABI.'
1342. Rapn against Sarpy county,
Ra-
versed. Ames. C. Division No. 1.
The burden of sustaining tha affirmative
of an Issue involved In an action does not
shift during the progress of the trial, but
la upon the party alleging the facts con
stituting the issue, and remains there until
the end.
18446. Otoe County against Dorman. Error
from Otoe. Affirmed. Hastings. C. Divi
sion No. 1.
1. A demurrer Is not tha proper vleadlna
by which to raise a question as to whether
or not an action In the county's name by
tha county attorney waa sufficiently au
thorised.
1. A single transaction causing a slna-le
Item of damage conatltutes a aingls cause
of action.
I. The fact that the countv commission
ers have made a settlement with the treas
urer by which he Is allowed to retain fees
In excess of the statutory limit does not of
Itself render the county commissioners
liable for the excess of fees retained bv
the treasurer with their consent. A fraud
ulent participation on their part, with cor
rupt knowledge. In a wrong to the countv.
or elite a change of situation owing to their
negligence in falling to bring an action
agalnat him. which would prevent a recov
ery from the treasurer, would be necessary.
mm. uartner against Chicago, Kock
Island AV Pacific Railroad Company. Error
from Pawnee. Reveraed. Albert. C. Dlvi.
slon No. 3.
1. One In possession of real estate, under
a contract with tha owneer for the pur
chase thereof, tea sufficient title to main
tain an action for damage to the land.
x. m sucn case, it la not necessary ror
tha plaintiff to ahow tho ptectae nature of
hie contract, ao long aa it sufficiently ap
pears that at the time the da mas a ac
crued he was In possession under a con
tract of that character.
I. Where tha evidence on a vital proposi
tion is erroneously excluded, It Is not
necessary for the party offering It to pro
ceed to establish other propositions in his
case In order to predicate error on such
ruling.
4. Where an obstruction, causing the
overflow of water and consequent aamage
to adjacent lands. Is ot such a character
unless interfered with by the hand of
man It will continue Indefinitely, the dam
ages, past and prospective, are recoverable
in oos action ana successive actions tnere-
for cannot be maintained.
The following will ba officially reported
12W. Dlckinaon ajrainst Columbus State
Bank. Krror, 1'latle. Atnrmea. Hastings,
C 1M vision no. i.
1. The allowance of amendments to an
answer Is not an abuse of dlacretlon, even
though a demurrer to the answer for laok
of the supplied allegations haa been over
ruled and objection made to the Introduc
tion of evidence, where opportunity ia given
the other party to produce additional proof,
and no requirement of terms was asked for,
and tne amendments are aa to material
farts, of which there is evidence.
Z. Section 82t of the code allows evldenos
of an Interested party agalnat the repre
sentative of a deceased person aa to trans
actions with the deceased "in regard to the
facta testified to" by the other party's wit
neesea. but no "further."
2. Where the party representing the de
ceased haa Introduced evidence of certain
payment made to the other party, that
party may snow is wnai me payments
were applied and that it waa with, the de-
ceaaed'a assent, but may not show1 a long
antecedent agreement had with tho de-
ceaaed that the Urn to which the pay
ments wero applied should constitute a
lien prior to a mortgage held by deceased
upon the property out of which tha pay
ments came.
4. Advancements by a mortgagee made to
harvest and market a crop of hemp under
an oral agreement with tha owner and an
other mortgagee that they shall be repaid
out of the proceed of the crop before the
mortgages, warrant the application of the
proceeds to such payment aa against a
subsequent mortgage with notice, who la
also the aaalgneo with notice of the other
mortgage. . ,
L, "Error In tha a see ment of the amount
duo will not be reveraed under an asvlim
nvant In the motion for a new trlil that the
flndlng la not suataJned by sufficient evl
denoa' Hammond agalnat Edwards, M
Neb., ta.
1 Evidence held to sustain trial court's
finding of amount due.
ia, Upenoer agalnat Boovll. Anneal from
Otoe. Rehearing denied. Bedwtrk. J.
IMS. Cook against State. Error from
Cheyenne. Revereed. Barnes, 3. Sedgwick,
J., not sitting. ....
L To ooaatituta the crime of obtaining
money under falsa pretenses, the pretense
or pretenses relied an must relate to a
paet event, or an existing fact: and repre
sentation or assurance In relation to a fu
ture traneactlon. however false and fraudu
lent It may be. Is not within tba meaning
of the statute.
1 Oa the trial of one charged with a vio
lation of section IS of the Criminal Code,
the giving of an instruction which la sub
stance informa the lury thst tf ther find
that the representations relied on amount
ta a promise to perform a future act, ruch
promise must be carried out In good fajth,
and a failure to fulfill . with 1ntnt to de.
fraud will render the defendant guilty the
same as though such representation related
to a rst event or an esiaUng fact, la re-
, ic;i lit ridge sgatost otfma a. XpsesXl
from Lancaster. Judgment. Duffie, C. Di
vision No. i.
I. Where nn action In partition Involves
Sn accounting; of transact li'ns between the
p.'irtleg extending over s long series of
years. It is the luty of the trial court, by
himself or a refrn-e, to stute the account,
giving the 1 1,. ins or clnssos of lt-ms and
sums credited and charged to the rcsp-ctlve
rmrtlca, and the facts, in Ills opinion, af
foidlng a reason therefor, so that tills court
may lorni n Judgment as to whether the
conclusion reached is justified by the law
nnd the evidence.
i:KM. Ford against State. Error froir.
Cherry. Modified and affirmed. Barnes. J.
Sedgwick. J., not sitting.
1. Where one mil ills n. loaded pistol at
another, although lie has some reason to
think It s not loaded, he is guilty ol an
assault; and if ho pulls the trlKRer. thus
causing the pistol to he discharged nnd
pi t son assaulted is killed thereby, he Is
guilty of manslaughter.
2. Instruction requested by the defendant
examined and held properly refused.
. A defendant In a prosecution for mur
der is ordinarily entitled to have the theory
of his defense submitted to the Jury ny
proper instructions, but where, by his own
theory, he is guilty o.' manslaughter, and
the Jurv so rind, his rights ore not preju
diced by a fall-.ire to give his Instructions.
4. The defendant. In sport or through
mere wantonness, pointed a pistol at the
deceased, having some reason to think that
It was not loaded, and the deceased appar
ently in fear, said, "Ixxik out how you
handle that revolver around here, yon have
got your finger on the trigger," and the de
fendant replied, "I know It, and I will show
you how It works;" he thereupon pulled the
trigger and a shot followed which killed the
deceased, tin his trial the Jury rotina ne
fendnnt guilty of manslaughter. Held, that
under these circumstances a sentence of
seven veara In the nenitentlarv was ex
cessive, and that the sentence should be
reduced to four years. Judgment accord
ingly. , uh.
13304. Van Dohren against JohnT)eere
Plow Company. Krror from Douglas. Af
firmed. Fawcett, C. Dlvlslor. No. .
1. The law Is well settWv that the pur-
chnser nf naraonnl pfdncrt' under an 1 m -
tilled uflrrnntv that tha anine in Well made
and reasonably sultatiie ror tne purposes ior
which It Is purchaMcd. tias a rcasonanie
time within which to test the same to de
termlne whether nr not it is as warranted
and such nueHtion Is ordinarily one for the
jury.
i. nut (i sr ne na mane me test ana nm
dlsrovetw. all of the defects which he
claims exist, and calls the attention of the
seller thereto, and tue seller refuses to
make any changes, but insists that the
article Is as represented, the purchaser
must at once return It, or his right to do so
will na lost.
3. And in such a case, where the property
Is .1 corn sheller. purchased for custom
work, and the purc-h-"ur continues to use
the machine, after su ii refusal by tha sal
ler. for a day and a half and until he has
finished tha work he lias on hand, and then
keeps the machine In his shed for twenty
four days before offering to return It, It
will be held, as a matter of law, that ho
has elected to affirm the contract aa made,
13345. Podpet against O'Conner. Error
from ( uming. Reversed. I-ctton, C. Dlvi
slon No. 1.
1. Where an illegal transaction consti
tutes a part of the consideration for a pro
missory note the other portion of the con
sideration being lawful, the Illegality of the
nart taints the whole consideration and the
courts will not Inforce the collection of
such a note in the hands of the original
pa rues.
2. Where there In conflicting evidence with
regard to whether or not the holder of a
negotiable promissory note Is on innocent
purchaser for value befrvo maturity, the
question Is a queotion of fact for te Jury,
and it Is error for tho court to direct a
verdict !or the Plaintiff.
1.1308. Danlelson axainst Ooebel. Error
from Cedar. Reversed. Kirkpatrlck, C
Division No. 3.
1. I'nder the provisions of section 74. chap
ter lxxlv. Compiled Statutes for 1W01. a con
tract for the sale of land between the
owner and an agent or broker must be
signed by the owner and broker and must
contain a description of the land and set
forth the amount ot compensation the agent
in to receive ror negotiating a sale, or it
will be void and furnish no basis for recov
ery.
2. Petition examined and held not to state
racts sumcient to entitle, piiuntin to any re
lief.
13371. Chlcaao. BurllrtKton & Qulncv Rail
road Company against Jamison. Error from
Hall. Reversed. Ames. C. Division No. 1.
1. An instruction which ia applicable
Rentier to tne issuea nor 10 uie eviuence is
prejudicially erroneous.
2. The application of an agricultural no-
clety for assistance from the county funds
is a claim and an appeal from its allowance
by a taxpayer will lie to re-examine the
fact as to the organisation and compe
tency of the soclely..Ko re-examination
aa to the public Interest in asserting such
society is permissible.
13472. Jackson against Jackson. Appeal
from Gage. Judgment. Oldham, C.
Division No. 1.
1. An administrator has no authority to
lease the lands of his Intestate after the
payment of the debts and final settlement
of the estate.
2. A guardian may leaae the wards'
lands for the term of his guardianship,
but any excess In such lease beyond such
term will be void at the election of the
ward on attaining his majority.
3. A lease by one tenant in common of
an entire eatate Is void as to the Interest
of his co-tenants.
4. An unasslgned dower Interest In land
is not the subject of a leasehold contract
conveying any Interest in the lands.
136SH. Woodrough against Douglas
County. Original. Demurrer rustalned;
action dismissed. Barnes, J.
1. The sale of real estate for the pay
ment of delinquent taxes, under the pro
vision of chapter Ixxv of the laws of 1903,
entitled "An act to enforce the payment
and collection of delinquent taxes and spe
cial ansessments on real property" does
not deprive the owner of hla property
without due process of law.
t. Lands purchased by the county, un
der the provisions of this act, are held in
trust for Itself, the state and all other
political subdivisions entitled to any por
tion of such delinquent taxes. Such lands
are not acquired by the state by escheat
or forfeiture, and do not belong to the
permanent school fund.
J. The proceeding provided for by this
act ia a suit In equity In the district court,
and the owner of real eatate In question
therein has no constitutional right to a
jury trial.
4. The sale of lands in such proceed
ings for what they will bring, though less
than the amount of the decree for the
taxes due and delinquent. Is not a release
or commutation of taxes within the mean
ing of section 4, article Ix of the constitu
tion. 5. The act Is not vulnerable to the ob
You omn abaolutoly roly upom
Tho nmturml Imxatlvo GOnSti&mtitfiOttml
avsiftljs oi 7
5a
Tmkm hmlf m
$45.00
CALIFORNIA AND RETURN
April 23 to Msy 1st the Burlington will sell
tickets from Omaha to Ban Francisco and Los An
geles and return at $45.00.
Attractive diverse routes are offered as well ai
liberal stopover prlvllegos and return limit.
The Burlington Is the scenic route to California
lt takes you past the grandest scenery In tba
world, the Rocky Mountains, by daylight.
Send for folder telling all about ths
Golden 8 lata, Ita hotels and ita pleasures,
and the beat way to reach it the Burling
ton way.
fBifiirinni
jection that Its provisions are trener
than Ita title; it is complete In Itself,
capable of enforcement, and Is not ojn n
to the objection that ll Is amendatory of
other laws. .
li. The law provides for one ot mo
methods of collecting delinquent taxes on
real entate, and permits the county board
to choose which method It will pursue
This does not amount to a delegation of
legislative authority.
7. The remedv provided for Is declared
bv the act Itself to be cumulative, and
therefore It Is not In conflict with, nor
does It take away any other remedy pro
Mded bv statute.
8. Held that the act In question Is not
In conflict with any of the provisions ot
the constitution so aa to Invalidate It and
Is a constitutional exercise of legislative
power. .
The following opinions will not be offi
cially reported:
1322. Omaha Bridge and Terminal Rail
way company against Hargadlne. Krror
from Douglas. Reversed. Olanvllle, C
Division No. 2. Unreported.
1. A contractor engaged with the Coun
cil Bluffs and Terminal Railway company
to perform all the work of constructing a
pile of timber trestlework across CutOff
lake for a stlpulsted price. II wss em
ployed as a carpenter upon the work by
one acting under the contract, and was
Injured because of a defective tool fur
nished by his Immediate employer. Held,
that such company Is not liable to H. It
not having furnished, or agreed to fur
nish any tools.
2. The fact that the company reserved
such right to so Inspect and oversee the
work as Is reasonably necessary to see
that It conforms to the contract In result,
does not make the employer of It Its agent
so as to make It liable to H tor a neglect
of duty growing out of the contract of
employment between II and his employer.
In such a case, the relation of master
and servant between the company and H
doea not So obtain as to raise a duty In
the company to furnish safe tools for H
either directly or through the contractor.
3. The duty to furnish safe tools to a
workman for use, rests upon the contract
of employment and liability to such work
man roi furnishing unsafe tools la upon
thp emnlover 'hn furnishes them.
4. Tha owner of property causing an Im
provement to be made thereon by a con
tractor who engaged to do the work, may
be liable to third persons for injuries caused
by the negligence or ine contractor in
lfRvlnv (ha nrrmliM In a danaerous condi
tion, or so doing the act he Is engaged
to do ss to injure third persona or adjoin
In nronerlv and vet not be liable upon
tho contracts of the contractor, or for hla
failure to perform n contract duty to a
workman In his employ.
13238. Nellsen against Cedar county. Er
ror from Cedar. Reversed. Olanvllle, O.
Division No. 2. Unreported.
1. Certain ruling of the trial court re
jecting offered testimony held to be error.
2. Where an effort has been made to Im
peach a material witness for plaintiff by
showing that he has made statements else
where at variance with those made on the
witness stand, and the Jury are told: "You
are instructed that If a witness In the case
has at another time and place made stats
mnnts material to tha issues In this case.
at variance with his testimony while on
the witness stand, before you. then you are
at liberty to disregard the whole of such
witness' testimony, except In so far as he
la corroborated by other credible evidence,"
a verdict against the plaintiff will be set
aside.
1334?. Blocker aaalnst Nathanson. Errar
from Douglas. Affirmed. Oldham, C. Dl
vision Nn l. Unreported.
1. In an action for false Imprisonment or
malicious prosecution, proof of the circum
stances or piamillT S iamny mm mo iiiinj
condition nf the iall used for his Imprison
ment, are admissible to show In aggrava-
2. Loss of employment caused by an ar
rest mav be shown as nn element ui nwmi
dumnge In an action for malicious proseou
a in an action for malicious prosecution
where the court gives a general instruction
properly defining probable cause, if counsel
.u.lr. n mnr ansrlfle declaration on a
group of facts extracted from the testi
mony, tnev snouia prepare mien no in
struction snd request Its allowance or they
will not be heard to complain 01 me aon
eml instruction alven.
13352. Melcher against Bchluter. Error
from Cuming. Affirmed. Kirkpatrlck, C
Division No. it. Unreported.
1. An administrator applied for llcenae
to sell real estate of the intestate to pay
claims allowed against the estate. The
district court In arrantlna the application
renulred the administrator to give a bond
irrMMi to the nrnvlsions of Sec. 75. Chap.
xxvill. Compiled Statutes. The obligee in the
bond given was tne juoga m too umnci
murt (ha hnnri helllE RODTOVed by the
clerk 'of the district court. Held, that the
sale made pursuant to the license granted
was not void because the bond was not ap
h tha Indira nt the district court.
2. Thn reaulrements of Sec. 78. of the
rvta nf civil Procedure, are mandatory
an1 tha mod a therein nolnted out for the
service of aummons upon a minor defend
ant under the ate of fourteen must be
atrlctlv nursued. or the ioda-ment rendered
against him will, as far aa hie rlghta are
concerned, be void,
it. Where It snnears on the face of a Judg'
n-ient that It was rendered against a minor.
and there Is nothing to show that the
minor wan over the sere of fourteen. It will
be presumed that he was under the age of
rourteen rot tne purpose oi ermine
question of Jurisdiction.
4. One holding a mortgage upon the lands
of a deceaaed person brought foreclosure
proceedings, making the admlnlatrator, the
widow and also J. M O. M., R. M., E. M.
and A. M.. defendants. The return of the
sheriff showed that service was had upon
C. L. a., administrator; M. M.. tne wioow,
and nnon J. M . O. M.. R. M.. E. M. and A.
M. From the petition In foreclosure It ap
peared that the defendant J. M. woa the
Kiiardlan of O. M.. R. M . E. M. and A. M
minors, and that he had no other Intereat
in the suit. The decree recited thst the
minor defendants appeared by their guar
dian ad lltum, and foreclosure was naa, roi
lowed bv a sale of the premises. It appear
ing from the Judgment roll that the de
fendant J. M. suatalned no other relation
to the suit than that of guardian for the
minors. Held that the return of the sheriff
showing service upon J. M. and upon the
minors waa sufficient to give the court
Jurisdiction, though the return failed to
designate .1. M. as the guardian ot tha
minor defendants.
1J483. Fox against Glfford. Error from
Harlan. Affirmed. Amea, C. Division No. 1.
Unreported.
13498. Local Grain Company against
Marsohmeler. Error from Gage. Affirmed.
Duffle. C. Division No. I. I'nreported. -
This court will not Interfere with the
flndlng of a Jury where the evidence Is
conflicting.
aVasa wt mrtmlng.
J. D. REYNOLDS
City Passeager Ageat,
1502 Ftrntm Strut
Omaha
j
GET IN LINE!
Election is -jvarming up and more votes cast in tho
second contest. Forty more trips to be awarded. A
mighty good chance for some one to call a few friends to
their support and win one of these trips. lieraember,
your get 520 votes on a year's subscription in the city or
600 votes on a year's subscription in the country. Bo,
you see, It's not much of a trick to win one of these trips.
You certainly would not have to travel far to find eight
friends who will be glad to help you with a year's sub
scribtion. And while we are not blessed with a prophet
on our staff, we will nevertheless venture to say that some
of the remaining forty trips will go for less than that
number of votes.
Winners First Election. Vote.
John H. Disney. David City 4.832
John Woodworth. Omaha 4,494
George Bacaua. Omaha I.S74
M. A. Martin, South Omaha 8.66
Rlss Ruby Bplgel. Omaha J.2I3
Anna Carlson. Florence 2 33
Emma Hoskovec, Omaha 2,381
Mra. E Peterson, Omaha
W. S. Robertson, Omaha 1.9C4
Miss Ruth Cornett, Neb. City... 1.728
(Third Election)
Ten More Trips to Be Voted
For This Week.
The Third Election Starts Friday. April 1st Ends :
Thursday, April 7th.
Twenty people have been elected to take the trip to
the World's Fair at St. Louis at The Hee's expense. Forty
more will be, and they will all go
Via. the
Wabash
This road direct to the exposition groundj, snd In sdditlon to saving a
day tor you either going or coming to be enjoyed at tha exposition Instead
of suiting from the station In St. Louis, It will save you time, because
It is the shortest road between Omaha and St. Louis.
Rules of the "Election"
The ten persons receiving th
each "election" will be furnish
free trip Irorn Omaiia to UL loul
Uie exposition.
No restrictions are placed a
tor one ot the exposition trios.
No voles will be counted to
All voles must be made on o
Tbs Bee.
Prepayment of subscription
ruDllsning uompany or to an a
No votes sent In by agents w
with Instructions given them.
The vote from dsy to day wl
The "elections" will close e
Votes may be deposited at t
mall. No votes sent by mall w
yoatofBco for delivery at 4. p.
Address, "Exposition
Omaha, Neb.
COUPONS
Depoty Stat Tstsrtnarlaa.
rood Inspector.
H.L. RAUACCIOTTI, D. Y. S.
CITT VKTKKlnAiUAa.
.
fOffle and laflrmary, St and Maaoa te.
, OMAHA, NX.B, .Xieshga Ms.
CITT VSrrlUNA.KIAN.
Hre'l
J
Winners Second Election. Vote.
John F. Flynn, South Omaha.... .803
Henry Johnaon, Omaha f.SM
Carroll Burkhard. Omaha 8.T74
8. F. Shannon, Nebraska City... 8.619
Ella Rasmussen, Columbus 5.00
Ralph A. Newell, Omaha 4.674
Wm. A. Disney, David City 4,844
S. B. Christie, South Omaha 8.984
II. K. Mann, Omaha.... 1,151
John F. Ayres, David City 8,131
37
j
s largest numoer of voles at the close or
d, at The Bee a expense, aa prises, each a
a and return, to be taken any time during
s to where the party Uvea aa a candidate
r employes or sgents of The Omaha Bee.
oupons which will be published each day la
s may be made eitner aireet to The Bee
uthortsed sgent of The Bee.
HI ue counted unless sent in in accordance
II be published In all editions of The Bee.
ach Thursday at ( p. m.
he business office of Ths Bee or sent by
ill be counted which are not In tbs Omaha
m. on the dsy of closing.
Department," Omaba Be,
ON PAGE 2.
Piles Cured
WITHOUT PAIN
By W. C. Maxwell. M. D.
I
Oraduats of Bellevue HoapJtal Medical CeV-
ie( ot Stw atk City.
! 124 i Bs feulldlu-, Omaba. NU. Tex 1424
)