ran omaha daily bee: Wednesday, may is. 1004.
CORRESPONDENTS ARE LOOSE
Japai Lata Writer Get Chance at Scene cf
Hottilitie.
MEN CHAFED AT THE DELAY AT TOKIO
From LaachJaa; at Sallre Wit Tkr
Decom Distasted and Talk
riala ta Ofllcara of
Army.
.(Copyright by New ToTx Herald Co., 1901.)
STEAMSHIP NAOATO MARU. Some
where In the Inland Sea, Monday, April 4,
1304. (Special Corrpsjiondence to the New
Tork Herald Sp-clal to The BetJy It
hardly seems credible, but we are actually
off to the front. After nine of the weariest
weeks of waiting that were ever put In by
anybody the Japanese military authorities
have finally given the word.
"It Is too early," said Oeneral Fukus
hlma, when he was communicating to the
committee of correspondents the joyous
fact, "but"
That "but" marked the turning point.
The worm had performed his famous act.
The distinguished gentlemen who control
the destinies of the Japanese army men,
and any others who happen to come under
their Jurisdiction, as we had to do, had
been playing a very merry game of "pass
the buck" with us. They were always
extremely polite. There could be absolutely
bo fault with their demeanor toward us,
and we had striven to reciprocate. If any
man showed occasionally a slight disposi
tion to be anxious about the time (when
he was to go to the front there would be
a gentle homily on the extraordinary virtue
of patience, which usually curbed his feel
ings. After a time the game became in
teresting for Itself. There arose a natural
curiosity to see how many times the buck
could go round before the pot would be
bpenod.
Thirteen or fourteen stages preceded the
eruption that finally brought action. First
was tha struggle to get regulations Issued
governing the permission to correspondents
to go to the front That took two week.
Immediately upon their issuance the appli
cations of the men who were waiting poured
In upon the authorities. Another wait of
two weeks brought the greatly desired
passes, but attached to each was a slip
which advised the holder that it would be
necessary for him to apply to the general
staff for tha designation of the column
which he was to accompany. The Japanese
are not going to do as our army did and
let the newspaper men go where they liked
when they pleased. We are assigned to
particular places, and there we must stay.
While we were waiting for the designa
tion of the column there were plenty of
things to occupy attention. To begin with,
General Fukushlma, who has charge of the
arrangements for foreign correspondents
and military attaches, allotted arbitrarily
the number of newspaper men who would
be permitted Jo accompany the First army.
There were to be five' Americans and eight
British, with one German and one French
man, this being proportionate to the num
bers of each nationality who had made
their applications. When he had deter
mined the number that were to go, he asked
the men' of the British and American con
tingents to determine the personnel among
themselves. As there were only five Amer
loans thqn in sight It was not difficult for
them to agree, and long experience in the
matter of precedence enabled the Britishers
to fix their list quickly. So the delay af
forded by this expedient was not great,
and we were all promptly requesting Sambo
Horabu, as the Japanese call their general
eta-ftr'to Ihfortn us' when we would ' be
permitted to go forward.
The matter of the canteen bad almost
exhausted Itself by this time, but there
appeared a new opportunity for shoving the
buck along In the unwillingness of two or
three of the correspondents to agree to
tha con trnct - Various objections were
raised by them, but the War office Indi
cated very clearly, after some discussion,
that It desired the contract signed,' and
that cans of delay was removed. Mean
time there was constant pressure for defi
nite Information, but none was forth oom
Ing. Kwari e Patleaee.
On of the alda of Baron Kodama, aa
atstant chief of staff, was dining one even
ing at the hotel with a party of newspaper
men, and one of them said he had In
tended to make a trip through Morocco
In thta coming May. Another remarked
that tha first better be In a hurry or he
would not be In time. Thereupon the first
turned to the aid and asked If he thought
EGZETA ON
UTILE GIRL
taut foifsi Snffcjiv5
; cf Chill
CIKiED BUUTOA
M Ghrcn cp HD ffcpa d Ever
Kafclng Aqf Cera.
"By little gMltaa been anffertnf for
two year r mar trxm txtmrnt, and
darlnf that time I eomld met get a
alxbfft- sleep, as her ailment was yvrj
gevera.
- I fead tried so saasy renaMfe and
spent macb sauay, darlTtng as bene
fit, I had jbexehilely' given, tin aJQ k&s
)f max teg mi cure. Sat a Inst re-
rt 1 wae a? Aed to try a set e f the
Culicvm resBedlea, and to my great
eWlffht marked c&aBgu 'M swual
Jfested tram lists ttnrt flj.tli .',-- I
Kre the child a bats wHa Catlcnra
aa, ualnf a aeft pit! muslin doth.
This J did tw tee sk dar, each time foU
low lag with tat Otflrora Olutraett.
god at the eeiua 4drce gave the lias el
vent, according to directions. Ob box
af the Ointment a ad two kettle of Uw
KeaeJvest, together with the Soap,
f affected a panose eat cure. I anUrcU
this lor publication If yon desire, hop
ing it will add to yaor aucceae aad assist
ao many theueaads of sufferer In cur
lag thamstTe.s alaa. L JL J OSES,
' ADaaMOTOH, 1. T.
. i Tha first ate la the treats ent of the
chroaic form la to remove the scales
' and crusts and so flea the akin, by
rarm bath with Catlcara Soap. The
. gcalp, ears, elbows, hands, ankle aad
feat will require frequeatly a thorough
aoaalng In order to penetrate the thick.
emed sain aad crust wrU which these
' part are often covered. Dry care
fully, aad apply Catlcara Oletiueat,
UghUy at ArVt, and whera advisable
spread U aa piece of soft cloth and
VI nd la place. Take the Reaoireos,
j)tlla, ar liquid, la medium dosea. Do
ot aso 'Mid water la bathing, aad
avoid cold, raw wlada.
M Uw w-- CtUr ItaDl-ml,
- (I, ton ml . lnnhM vm ti . M. t , .l .1 ,
' . Ttt.-. ! !!' Ui-, r. Chrtr
k. a tra. k, r.i.i bu. !" !.
the war would be ended by May. Without
a smile the aid replied: "I will ask Baron
Kodama"
Thla officer did aubsequently, however,
express an opinion of hi own on the mat
ter that most vitally concerned us. He
waa replying to a strong letter of protest
which had been sent to hi chief. When
he had finished with the formalities in
volved he added, off his own bat: '
"I think men of great patience wtll be
crowned with an Invaluable reward and
unfathomable blessing by heaven."
But not a word a to what tha war
office waa going to do for us. A day or
two afterward the emperor opened the
aesslon of the Diet, and we all had tick
eta Next day tha recipient of this advice
as to patience called at the war office
and waa received by the officer who gave
It X
"Did you see the emperor yesterdayT"
asked the officer.
"Yes," was the reply.
"I think that was one reward," said the
officer. Then he added that It would be
another to aee the wonderful cherry blos
soms of Japan.
During all this time tha only response
there waa to the multiplied questions a
to when we could go was tha stereotyped
"very soon." More than a month ago
Oeneral Ishlmoto, the vice minister of
war, summoned all the newspaper men
to a conference and addressed them upon
their opportunities, duties and the regu
lations for their government while with
the Japanese army. At the same, time
he cheered their drooping spirits by Bay
ing: "The 'day of your departure 1 very
near."
This "very eoon," however, developed a
broad Indeflnltenesa. It really did seem,
though, that there would be action of
aome aort soon, when tha contractor waa
notified to aend forward the. horae and
heavy baggage of the men assigned to the
first column. There was a scurrying around
the hotel that day, which created quite an
appearance of the real thing. The ' horses
were sent away with the grooms, and most
of the men prepared to follow them the
next day. But still the passes had not
been designated, and Oeneral Fukushlma
aald we ahould have two or three days'
notice. To questions as to whether we
ahould be aafe In making a little aide ex
cursion to Nlkko or Myanoahlta, however,
It waa alwaya Intimated that we had better
remain in Toklo. 1
Finally one glad day a notice appeared
on the bulletin board at the hotel saying
that passes of men assigned to the First
army should be handed In at the War
office by noon of the next day for designa
tion. Thereupon the men flew at their kits
for a last inspection and overhaul and
began to pack up to go. But when the
passea came back the next day there had
merely been Inserted the words "First
army," to which we had . all known for
weeka that we were assigned. Still there
was no Indication of the date of departure.
We were told that that would be given a
little later, but "very soon." But a little
later the word we got was that we could
take a four days' holiday.
Aa Insurrection.
Then it waa that we began to recall what
It waa befell the greatest example of pa
tience ever recorded, and how a plague of
bolls was the least of Job's troublea Tha
volcanlo fires that had been smouldering
for some time began to evince signs of
increasing energy, and It did not require
a discerning man to aee that an eruption
waa Impending. There was no longer "the
effort to smile and look cheerful when talk
ing to the Japanese officials, and the little
Joke about "very soon" fell . upon unap
preclatlve ears. Mild mannered men began
to plot-rudeness and thoae full, of atrat
egems and. schemes gathered In knots and
discussed conspiracies. '' - ' !;
It waa an Kngllshman who started the
eruption. Everybody's patience gave way
apparently at the same time and with no
attempt at concert, but the Englishman
happened to be the first one to call at the
war office after the breakdown. What
he aald to the aid of the assistant chief
of staff may one day be 'written In a book,
for It la worthy to be embalmed, but just
now it la not polltio to reveal the truths
thus thrust upon thoaa unwilling ears.
The astonished aid had no . more tha n
got rid of this first violent and rude in
truder than another came along. That
evening the aid attended ( a large reception
given by one of the dlplomallo corps, and
there - he met In torn - nearly1 every one
of the men assigned to the first army,
and several others who were not No man
missed the chance to announce that he
bad turned Insurgent The honeyed words
of peaceful and hopeful days were for
gotten or left behind. Vocabularies that
evening consisted - only of strong words
descriptive of strong feeling. It was all
summed up in the remark of one man
who 1 not going to the front at all. He
aald:
"When these men came out here every
one of them was your friend, but you havo
alienated every one of them, and now
when they go home they will never see a
Japanese head without punching It." -
So It went throughout tha evening. From
generals to second lieutenants tha JapaT
nese heard the situation accurately de
scribed. And lest there may be soma who
think they were entirely right and just
In thua keeping back those whom they
had promised to permit to go to the front
let me aay briefly what that altuatton was.
Elxaaperatlag Delay.
They had landed an army of more than
40,000 men, and were In contact with the
enemy all along their front. Every day
word came back of the appearance here
and there of the Russian scouts. There
waa no longer any pretense that tha Rus
sians were not aware of their position and
of what they were doing. But there waa
a pretense that tha Russians might derive
information as to the Japanese move
ments from the correspondents of the
American and British newspapera. It wa
absurd to think hat if any man ahould
obtain Information that ahould nroDerlv
be kept secret and ahould attempt to be
tray it he could succeed, for every meana
oi communication la In the handa of the
Japanese, and everything written from the
rront even our personal corresDondenca.
must be submitted to censorship before it
cun oe sent down.
And even if by some untoward chance
aome man should And opportunity now uiv
foreseen and ahould be willing to use it to
betray secret information tha chance that
It would be valuable to the enemy Is of the
nlightot, for the altuatlon will be changing
...uui, inai Dy uie time thla month old
Information could be printed the circum
stance would surely have changed too
much for it to be of great service. More
over, when this talk waa had the Japanese
bad permitted the correspondents of their
own newspapera to go forward, and they
had repeatedly promised the foreigners that
we ahould go at the same time aa tha Japa.
nese.
But be that aa It may, tha talk that even
ing, the evidence that tha eruption had
come, had Ita effect "very soon." It was
not yet 10 o'clock the next momlng when
one of the British military attaches met an
English correspondent In the hotel and said:
i ou chaps must have been raising a
dust yesterday. They are going to let you
to."
It waa quite true. Word wa aent down
from Sambo Hombu asking one English
man and one American to com up at I
that afternoon, and It wu to these two
that Oeneral Vukushlma spoke whoa he Bald
it nsu too early to let us go, but
Wa ware to be allowed to go oa either
own transportation,, when It waa deter
mined that tha armv could not transport
ua, or the men themselvea, with no, bag
gage and without their interpreters, could
go on a government transport With one
accord everybody chose the government
transport, and the use of thla ahlp Is merely
to take us to the place where tha transport
lies, designated In all Japanese reports aa
a "certain place."
8o here wa are doing seven knots or lesa
through the Inland Sea, in a driving rain,
with the horse In the hold and tha bettoa
smoking clgarettea amid the foraga, with
fifteen interpreter bunking on the deck la
the afterhold and the servants sprawled
over the baggage any place they can And.
We are stowed all together In a cabin
where there la only room for one man to
stand, sit down or dress at a time, and
you have to fight for something to eat, and
never get anything to drink.
But nobody cares. We are going to the
front at last They cannot push the buck
much further, for we transfer to a govern
ment transport tomorrow afternoon, and
they must send that ship somewhere in
order to get rid of the soldiers aboard of It
Aa Englishman with a Wilt.
Life Is not altogether Joyless on this
packet 1 have seen some transport ex
perience on the little Spanish tubs that
piled about the Philippines and this quite
brings that back to me, but there are aome
things here which were not there. Thla
morning I aaw a demonstration of the
exerclBe of the force that has made Britain
great It waa the play of an uncompromis
ing will that stand alwaya for Ita moral
principles. One of them la to take a bath
every morning and another I to ahave aa
often. The man who built the Nagato
Maru apparently never bathed. He waa an
exponent probably, although before hla
time, of the new theory that It la to bath
ing that moat of the ilia to which human
flesh la heir come from washing the dirt
off the akin and keeping the pores open.
Ttiis Englishman would have fought him
if he had appeared and given the oppor
tunity. He Is a mild mannered Englishman,
with a twinkling blue e. and a lot of fun
In him, but a Britain of the real old aort
the kind good natured Americana love at
sight because he la ao British, tand that all
natured Americans hate vigorously forever,
for the same reason. He slept on deck
last night because the cabin waa crowded
and stuffy, and he objected, naturally, be
cause late wanderers about the deck, aeelng
him completely enveloped In a Bleeping bag
with the Bheepskln Inside, felt of hlrfl to
sea what he waa "Just aa it he were," aa
he put it a "bale of goods." A cold, raw
wind blew acrosa the ahlp thla morning
when he turned out and the first thing he
called for wa hla big fur overcoat He
got that on and then he demanded a bucket
of water. By and by that waa secured.
Then he wanted a tub. That waa entirely
too much for the resources of this packet,
a long search demonstrated.
But the Englishman was prepared. He
had a tub of his own, made of water
proofed canvas, which be carried in hla
bedding roll. Forthwith It waa produced
and spread open on the deck by the after
rail. Off came the fur overcoat and the
flannel pajamas, and stripped to the buff,
the Englishman stepped into tha tub and
commanded hla servant to climb up on tha
rail and pour that bucket of ice water
over him. Thus waa the first demonstra
tion completed.
Next was the shave. There was (no glass,
but the Englishman, standing up for hla
moral principles,' did not mind that in the
least. It is part of the duty,of every self
respecting man to ahave every day, and
shave he would. He rubbed in the lather
as if he were about' to have the most lux
urious shave ever recorded In' history, and,
then hopping about the deck to keep hla
blood in circulation, froier a It waa by
the biting wind, lie rasped down one aide,
across the chin and up tha otehr aa merrily
aa if It were to the accompaniment of sing
ing birds and a balmy day. That English
man ha set out to get to the front,' and It
Is odds -on that he doea It
Gay Interpreter.
The interpretera 'made a gay time of
their start ' Tha departure from Toklo
apparently did not count That waa by
train in the regular and accustomed way.
Neither did it count when we left Yoko
hama, for that waa by mall steamer and
everybody had a comfortable cabin, with
meats ai regular noura. dui h was evi
dent to everybody the minute we got on
the Nagato Maru that we had begun to
hike. Thereupon tha Interpretera opened
their private atocka of wine and began to
call for beer, heedlesa of the wisdom of
the ancient aaw that decries the stowage
of beer on top of wine. It was not long
before the aonorous voice of the bishop's
ex-secretary, who is now a mainstay of
the British press in the capacity of Inter
preter and translator, began to roll up
through the open skylight in on of the
speeches for which he is so Justly cele
brated. Followed song, and more beer.
and then a vehement discussion of the
claims of each to personal beauty, a crit
ical discussion which took due note of
each eyelash, of tha contour of face and
the length and color of each hair of mua
tache.
They are a good lot, these Interpretera
Several of them have proved themselvea
In other and varied fields. One of them
claimed acquaintance with me last night
on the score of having heard me talk to
the Cornell students about the Boxer cam
palgn In China three years and more
ago, when he was assistant professor of
entomology there. Most of them have
been in the United States. My own in
terpreter waa for a long time head of the
Japanese department of one of the famous
store of Boston, and another waa in tha
Japaneae consular service, stationed at Ban
Francisco. For one reason and another
they are not liable to military service now
and they want to aee the war. Hence
they are Bleeping on mata In the after
hold of tha Nagato Maru and listening to
the aonga of the bishop' former secre
tary. The correspondents on board represent
an amount of travel and experience that
could b duplicated by few group of an
equal number of men. The dean, of course,
1 Mr. Knight of tha Morning Foat ot
London, who haa aeen fourteen campaign
and who lost his right arm in South
Africa. All of tha Britishers have aeen
much campaigning In India, tha Soudan
and in South Africa, where aome of them
were In tha army. All the Americans,
too, have put In at least three campaigns.
But aa In the game of tha children, "tha
laat'a the best" and that la this one.
For we are off for the front and It la
doubtful If they can "paaa the buck" more
than once more. OSCAR KINO DAVIS.
PROVIDE FOR DIKE REPAIRS
Cennty Camatlsalaaer Adapt Resela-
tlan ta Bnaale Mver Iapravw
sent ta Be Made.
At a meetlnc of the eountr mnnnlninn.
era a resolution was Introduced and adopted
providing for the making ot necessary re
pair on th dikes at East Omaha. A res
olution also waa adopted providing for the
remttttn of all taxea assessed frup likia n
land that ha been appropriated by the city
far parkway, auaya ana strata. The band
of B. Anderson aa lata i tsor it hwu h
th Clontarf district waa received "'1 ao-
captad.
Wm Do All TMi tar Xu.
Dr. Klng'a New Lif PlDs put ytm. rikor
end new Ufa into eriry nerve, mutcl aa4
organ co! th body. Trj them, fia. Cat
GETTING WARM NEAR TOP
Is Bee'i Third Contest for Tan Mora Priis
Trips to Exposition.
CLIFF ROBERTS AFTER KAVANAUGH SCALP
Gaad Seorea front tha Start Premise
a Warm and Healthy Voting Com
bat Leadership Liable to
Freqaeat Shift.
With a second leader In tha field In Mr.
Clifford Robert of Omaha, whose scored ap
proaches 3,500, It Is eaxy to see that the
third contest of The Bee' for ten more
trip to the Exposition will be decidedly
more Interesting than many that preceded,
and It I fair to presume that the present
leaders will soon find company necessi
tating a little spurting to keep -In the en
viable rank now held. With new entries
coming In dally this contest Is destined to
become an eye-opener.
The vote at 8 p. m. Tuesday, May 17,
was:
Willie Kavanaugh, David City 8.704
Clifford Roberts. Omaha g,4M
Sadie Walker, South Omaha 487
W. 8. Derbyshire, South Omaha 3x7
Wllma Ross, Omaha 2i)0
Mrt Mary Jeffries, Council Bluffs.... 131
Herbert Ryan, Omaha 100
Jack B. Dunn, Omaha 35
Simeon Bloom, Omaha 23
SUPREME COURT SYLLABI
The following opinions will be officially
reported:
Cutler againat Meeker. ' Appeal, Cans.
Afllrmed. Letton, C. Division No. 8.
L The Interest of a vendee in possession
of real estate undor a contract of sale,
part of the purchase price of the land hav
ing been paid, at his death descends to
hla heir and doe not pans to his ad minis
trator. It 1 alienable, descendible arut do
vlseable In like manner a if it were real
estate held by a legal title.
2. Where by the mutual consent of th
heir and the widow of a deceased vendee
In possession under contract of sale ot
school lands from the state of Nebraska
the equitable Interest therein has beeu
treated as if It were real estate of which
the decedent died seized and dower therein
has been assigned to the widow, a deed is
sued to her in lirr own name by the state
for the portion of the land assigned to her
as dower, upon her payment of the balance
due pro tan to under the contract, createe
no new right In her aa against the helrsi
the title she thereby acquired Inures to
their benefit, jid In equity she took the
legal title only a truntee for them.
12920. State ex rel Hay den against Hot
ton Error, Douglaa Rehearing denied.
Sedgwick, J.
In mandamus proceedings the hearing
upon an order to ahow cause why money
obtained by the relator from the respond
ent under such proceedings, ahould not be
returned to the respondent, Is summary In
It nature, and an order therein la not
final adjudication of the rlghta of the par
ties to the money in controversy.
18301. Henry againht Dussell. Error,
Platte. Affirmed. Klikpatrlck, C Divi
sion No. S.
1. The consideration sufficient to support
a promise may be a detriment suffereu by
tha promisee In reliance upon the promise,
aa well aa a benefit accruing to the prom
isor. X. Where In an action on a contract the
defendant pleads Illegality ot considera
tion and duress, upon a return of a finding
as to the two defenses pleaded adverse to
the defendant, It la proper for tha court to
instruct the Jury to find for the plaintiff.
It under the pleadings and the evidence
facts sufficient to show that the contract
is upon a valid consideration appear un
contradicted. 8. In such case. If the Issue of Illegality
of consideration and that ot duress are
properly submitted to the Jury, upon which
their verdict is adverse to defendant it I
not error prejudicial to defendant that the
court Instead of directing the Jury to find
for the plaintiff upon, the issue of consid
eration instructs the Jury incorrectly aa to
what constitutes a valid consideration for
the contract. .
. An instruction which contslns an Inac
curate statement of the 'law will not work
a reversal of the Judgment if It is manifest
that the Instruction could -not have con
fused or misled the Jury, and where It ap
pears that the verdict must have been the
same if the Instruction had been tech
nically correct.
Bi Whether or not after argument af
co(insel for plaintiff to the Jury, the de
fense can cut off further argument by
waiving argument on his own behalf as a
matter within the sound discretion of the
trial court regulating the procedure of tha
trial.
1 Under the facts stated In the opinion.
Held, that the ruling of the trial court was
not an abuse of discretion,
T. Instructions requested, given and ' re
fused, examined and held that the rul
ing of the court thereon were not pre
judicially erroneous.
8. Rulings of the trial court on the ad-
BORAXOLOOYi
The Boraxologist is not
eomDlexion srecialist.
r
a
A -
but a soaD and water spe
cialist. A good complexion
depends more upon the
proper washing of the face
than anything else. If
you could examine your
skin under a magnifying
glass after you've washed
it clean as you suppose
-you'd be startled to sec
the dirt left in the pores,
and likely some of the very
soap you washed with.
In otl$2r words, it's impos
sible to wash the face prop
erly in hard water. If you 11
wash your face every night
in warm BORAX water
you'll soon notice the dif
ference in the softness and
clearness of your skin and
the pinkness of your com
plexion. Be sure you get
pure BORAX. Ask for
20-MULE-TEAM
BRAND. For sale at
drug and grocery stores
everywhere in , $ and
1 lb- packages.
TWiiWASIEMCN (SIII.-PICTUWJJ
FKEEtopardiMncii " -Mul-Te " Uou.
At uunwu iar UOX TOP sate. tn jumps.
I'&c-iiK. Cusat Bam . Nt m Vti-k, i
fjai ro.
m
jT 'Mi
I II
mission and exclusion of testimony ex
amined and held not erroneous.
. Evidence examined and held that the
verdict and Judgment are sustained by
the evidence.
1.1317. Fred Knig Brewing Company
against Healey. Error from Cuming. Af
firmed. Olanville, C. Division No. i
t Petition examined and held, to atate
a cause ot action.
1 In an action for the conversion Of
property taken from the possession ot
the plaintiff, where defendants Justify un
der an order of sale of attached property
sgalnst rlalntlff's vendor, defendant must
at all events show a valid Judgment In
the attachment case before he can ques
tion plaintiff's title.
8. In such an action a plea ot res Judi
cata agHlnst plaintiffs title Is not sus
tained by proof that plaintiff, who was
made defendant In the attachment case,
but against whom no Judgment waa ren
dered therein, had moved to discharge th
attachment and his motion had been over
ruled. Klmbro against Clark, 17 Nebr. 403.
4. A motion to strike out certain evidence
of proceedings in such an attachment case
held properly sustained, when the evi
dence wa closed without proof of the af
fidavit, writ, levy of the writ, or final
Judgment therein having been offered.
6. Where the verdict found is the only
one proper tinder the pleading and evi
dence, so that it should have been di
rected by the court upon the motion made,
there Is no prejudicial error In the manner
In which the case waa Bubmltted to the
3Um69. Smith against Clay County. Former
Judgment vacated; Judgment of the dle
trlct court affirmed. Per curiam.
On rehearing, the former Judgment
entered In this court Is vacated and the
Judgment rendered by the Jlstrlct oourt
of Clay county is affirmed. Mitchell et al
against Clay County, Neb. 88 N. W. Rep..
tti2. followed.
12F73. Kelley against Gage County. Krror
from Oago. Former Judgment adhered to.
Duffle, C. Division No. 8.
1. On re-examination, the former Judg
ment Is adhered to.
12T10. Omaha Bridge and Terminal Railway
Company against Whitney. Error from
Douglas county. Former Judgment modi
fled. Holcomb, C. J.
t Ordinarily when a railroad company en
"Thirty
In my experience of over 30 years of housekeeping 1
have used many kinds of soap, but Lifebuoy is the king of all.
I have used it for the past five years, and would not be without
It. Throughout the house I use nothing else butp Lifebuoy.
I also find that for toilet and bath it cannot be excelled.
fi Mas. J. W. Stbtsrson, ii VanderblU Ava, Brooklyn, ti. X.
. . . . . -. llv.i r -r t s
in two
1 VJ WWW -BBW
Tei
More
Bee
Trips
TKis
Week
to
the
St. Louis
World's
Fair
Coupon
Pace 2.
V .m th, 1, .1 iiiiim
ter upon land of another and construct
a roadbed and tracks thereon and occu
pies the land for right-of-way purposM-s,
and thereafter condemnation proceedings
are had to appropriate the land on which
the roadbed Is constructed, under the law
of eminent domain the land owner can not
In such proceeding have the value of
such improvements Included In hla award.
a. Where, however, such Improvements
are made on the land of another under a
contract arrangement or agreement with
third parties to be used fur private pur
poses, the law relative to the selsure of
property for a pnbllo us does not apply.
8. The right of parties in such a ease
are to be measured and determined by
legal principles generally applicable to im
provements In the nature of trade fixtures
(, (, tenant or licensee In the possession
and use of the reul estato on which the
improvement are made. .....
4 X. roadbed or embankment built out
of the oll and with rlprapnlng for Its pro
teotlon on which ties and rails are laid
for use aa a railway track Is not an im
provement placed upon land In the nature
of a trade fixture, but Is a prt and parcel
of the land Itself and where there are no
exceptions or reservations will pass by a
deed of conveyance as does the real estate
on which constructed.
6. What ever be the form or nature of
the conveyance of real property, if tli
grantor therein Beta forth on the fnce of
such Instrument by way of recital or aver
ment either In express terms or by neces
sary Implication, that he Is Belsed or pos
sessed of a particular estate In the prem
ise conveyed, then such grantor and all
persons claiming under him are ever after,
ward estopped from denying that he was
SO seized and possessed at the time ho
made such conveyance. Ilagansiuk againat
Castor. 83 Neb., 496.
. A railroad corporation under an agree
ment with a land company to furnish the
latter certain trackage facllltle entered
u, on land belonging to a third party and
et istructed a roadbed and railway track
O ireon and occupied and used the same as
a lloenaee. Afterwards negotiations were
entered Into for the sale of the real estate,
a part ot which wa thua occupied, by the
owner to a purchasing syndicate. During
the negotiations a deed for the land on
which the Improvement waa made was re
quested and obtained from me railway
company, which wa executed and deliv
Years of Housekeeping
sizes: laundry " amd. iuile.i
-
Another "Election" Is On
It only took 2,376 votes
to win atrip last week.
If you want a free trip to the
St. Louis Exposition let your
friends know it they will
gladly help you.
Rules of the "Election"
The ten persons receiving the largest number of
votes at the close of each "election" will be furnished,
at The Bee's expense, as prizes, each a free trip from
Omaha to St, Louis and return, to be taken any time dur
ing the exposition.
No restrictions are placed as to where the party lives
as a candidate for one of the exposition trips.
No votes will be counted for enfployes or agents of
The Bee. .
AH votes must be made on coupons which will be
published each day in The Bee,
Prepayment of subscriptions may be made either di
rect to The Bee Publishing Company or to an authorized
agent of The Bee.
No votes sent In by agents will be counted unless
sent In in accordance with Instructions given them.
The vote from day to day will be published in all edi
tions of The Bee.
The "ercctiertts" will close ettch Saturday
at3 p. m.
Votes may be deposited at tt buafnew office of The
Uee or sent by mii No votes swit by mall will be
ormted which ar not In th Omaha pnstoffice for delivery
at2::38 p.. m- on the day of clnwn.
Address
Exposition Dept. OmahaL Daily Bee,
Omotuir
ered so as to consummate tTie anle. ahd fit
I'ursuance of a prior agreement with, the
and owner, In settlement of existing con
( troversles over land boundartee and whlrrl
ronvevanr oontalnfd no iitiei mtloq OF ex
i roptlo'n and ran to th owaer who In tun
convfveft to ins purcnasing pyoruvavei reio,
flj That In proceeding begun therXte
bv those claiming undt-r and thronvw th
railway corporation to condemn a rtghtvf
wav along where euch embankment wa
constructed that the title to the eirrbank
ment or roadbed thus connruote hat
passed bv such conveyance and Ust the
owners of the land wr entitled i re
cover the value of the roadbed r e-irch,
proceedings; (3 That the ttee gn4 raUa
constituting the railway track jed not,
tinder the cin-iimstano dtcJcsdj rn toe
record lost their charaoteir a Prj"ial
rroporty In the nature of retrtovanla trade
fixtures and remained the ptjirerty tha
railway company and thosw clainwntftUBjor
It. the value of whir AhouWI rxrt be In
cluded In the award to the land oamaraeil
such condemnation proceedings.
1J497. Western Wbeeled Per per Ownpeny
againrt MrMlllen. Frror from Thovna. Re
versal, with Instruction Duffla XttvJa
slon No. 8.
1. The court la fully cc-mmtttaS t the
doctrine that In der trt exempt ait eerent
from liability upon a msrothtble rKJCe, a-.
cuted by him within the aoope of Ma
agency, he must not only tram hla prin
cipal, but he must expre by a form
of words that the wrltlnr 1 tha act t hJ
principal, though done bythej iiaodrlf 4e
agent.
t. Thoush the language cf A note are
cuted by directors of a corporation bwporta)
personal obligation. It may o howti trp
parol evidence on an Ispue of I sfunuaOcJT
that the Intention of both tha maker) anol
the payee was to execute an Instrument
binding the corporation only, andi tha
though the language waa that.whtaB'thy,
Intended It did not expreiMUkllr-ruur
pose. '
Tab Werkei aequa Btxfk
BOMERVIIXE. Maaa May t&PrySftoM
ally all the workmen, mpTwl t the)
American Tube work) "here, atrocll today
for an Increase In wages. X&xnOrCtt -!DKjl
are out '
its
'J
Net).
7
pr. tb aUg. ihat MM k4 c&arterjri fog tw
aaae hf Kteaa. . Cfe
r?x4a
