TFIE OMAHA DAILY nF.Es BATCRDAY. 31TSB i, 1904.
TAFTAPPROVES ALLOTMENTS
lUbraaka Will Ehara in Imprcvemeotl for
Army Parpote
FORT ROBINSON WILL GIT 12.000
eoretsry of War U Opposed to the
Reinstatement trt the Army at
Joha JM. ! of Itata
of KaaiMi
"WASHINGTON, June .-8ecretary Taft
tody approved the allotments mart by
the quartermaster areneral of Ilia funds far
barracks and quarters at various army
pouts and forts to ba expended during the
fiscal year beginning July 1. Th following1
mounts were allotted to forts on ,the
coaxt:
Fort Worden, Washington, WO.OOOj Frt
Casey, Washington, $"3,oon; Fort Benl-la,
California, 1227,10; Fort ftoeecrans, .Call
fornla, IS.ooo. The following amounts were
Allotted to" interior pouts!
' Enlarging pout In Alaska. llfct.Ooft; Fort
Assiiuilboine, Mantnna, lM.000; J5ois Bar
racks, Idaho, $:8.7G; Fort Crook, Ne
braska, I4,(iO; Fort D. A. Russell, Wyo
mlnK, t2Kijm; Fort Douglass, Utah, $77,000;
Fort Ies Moines. Iowa, 1:31.001) Ffirt Harri
son, Montana, $t$,lon; Fort llnholutii, Ha
waiian Islands, tlil.7&0; JtfTerSon Bar
racks. Missouri, SO,0nri; Fort Keotrh. Mon
tana, r.B'X); Fort Lawton, Washington, $19.
150; Fort IivenwYirth, Kansas, H37.IHKJJ
Fort Logan, H. Roots. Arkansas, fxf); Fnrt
MaoKensle, Wyoming;, $11,250; Fort Mason,
California, fM.nrjO; Fort Meads, "nutti Da
kota, $117.fH; Fort Hlley. Kansas, fl.1.000;
Fort Ilpblnson, Nebraska. $1J,000; Fort Sirrl
Houston, Texas, $S2,a0; Vanoouvsr Bar-rarks,-
Washington, IM.onO; Fort Wall
Walla, Washington, f 90.000;. Fort Wright,
Washington, $14,600; Will;. pie Barra?ks,
Arizona, $17,500; Fort Yellowstone, Wyo
ming, ,(A'0
Taft Against Sbnnk.
. Becretary Taft today decided to rec
ommend to the president ngalnst the rein
statement of John M. Rhook to the army
M requested by all-members of the Kan
aa delegation In congress. Shook was
formerly of the. Thirty-third volunteer In
fantry In' the Phtllipplnes. Afterwards he
was appointed second lieutenant in the
regular army.
While Stationed at Boston he was tried
by court martial in a caso Involving a
candat, but was acquitted. When ha was
examined for promotion the board of ex
amination reported that he was morally
and physically unfit to 'be made a first
lieutenant and was discharged from tha
service. When Secretary Taft examined
tha rase he recalled that Shook, While In
the Philippines was Involved with one
Leama, In a case which caused the latter !
dismissal as secretary of the province of
Satan. . .-
M shares Moffett bearing stock at 36. Barn
Burns, Jr., S&) N. Y. Life.
CONGREGATIONALISM MAY JOIN
Missouri Assoclptton Favors Chorea
talon with Tw Other
Chareh Societies
ST. LOUIS, June l.-Tbe Missouri Stars
Congregational association, Which has con
eluded Its annual meeting here,, adopted
resolutions advocating union with the
t'nlted Brethren ahd the Methodist Pro
testant churches.
The resolution, met with the unanimous
indorsement of th delegates prelerlt and
the matter will be further prosecuted be
tore the national council of i the Congrega
tional church with a view of effecting a
federation of the three denominations S
soon as possible.
' A committee was appointed to protest to
the authorities agttlnst - the. proposed . bull
fights advertised to take place .here Sunday
With Spanish matadors.
OIL MAGNATES IN THE WEST
Hnatern Capitalist -Will Tap tha
i Kansas Oil Fields if prospect
Jnstioes Investment.
CHANUTK, Kan.. June 8.-A party of
Standard OH anlrlMs from New York tour
ing the Kansas nil field In a special train
practically admitted to a committee of the
Chnhute Commercial club that they had
decided to recommend the building of nri
eight-Inch pipe line frorn Kansas City to
Whltlns, ttld., to care for the Kansns pro
duction. The line. It Is estimated, will cost
4,5O0,00O. The purpose of the visit of the
FOR WOMEN
t '
I
1
Much that Every .Woman De
sires to Know
About Sanative Antiseptic
Cleansing
And About tiuTcare ol the
Skin, Scalp, Hair and
Hands.
Too much stress cannot be placed on
the great value of Cutlcura Soap, Oint
ment nud Reno vent in the antiseptic
clea using of the mucous surfaces, and
Of tire blood and circulating fluids, thus
affording; pure, sweet and economical
local find constitutional tiviitineut for
weakening ulcerations. Inflammations,
ltvUlngs, . irritations, relaxations, dis
placements, pains and lrregulnrlMPs pe
culiar to females. Hence the Cutlcura
remedies hare a wonderful Influence In
restoring health, strength and jLteauty
to weary women, who have been pre
maturely aged and invalided by these
distressing ailments, as well as such
sympathetic a mictions as anaonila, chlo
rosis, hysteria and nervousness.
Women from the very first have fully
appreciated the purity and sweetness,
the iower to afford immediate relief,
the certainty of speed add permanent
cure, the absolute safety Wild great
economy which have made the Cutlcura
rttinetlit'tt tin statidud of humour reme
dies 'of the civilized world.
Million of women use Cutlcura Sour),
asMted by Cutlcuru Olutiuent, for pit
serving, purifying and beautifjlng the
fcklll, for cleansing I lie scalp of trusts,
acales and dandruff, and the stopping of
falling hair, for aortenlng, whitening
and soothing red. rouh and sore hands,
for aumryltig irritations and ulcerative
weaknesses, and for many an native, ail
tiseotlc purposes which readily tiiriit
themselves, as well na for nil the pur-
osen or the loiiet. Until ami nursery.
BuM throughout world. f'ntlcuiH
lulvent. Utc (in form of clmroliirr, rmturi
Pill. .to per vial or wo; i Jinini.-iil, sue; Knap,
I'aria. 4 Hue dr l.i t'aia: Fioaimi 1:;7
Book for Woman."
I'r prleiars.
nd fur
THE '
ILLUSTRATED
BEE
FIFTY YEARS OF HISTORY
of Nebraska la reviewed for
readers of The Illustrated Bee
by men who have bad a large share
in th malting of It Governors
Boyd, Holeomb, Toynter and Mickey
and Senators Manderson, Allen nd
LMctrten contribute signed articles
to the number, ench dealing with
the topic of "Fifty Years of Ne
braska." In, connection with this Is
a historical sketch of the state from
the earliest times to the present day
by Messrs. 1. A. Barrett find A. E.
Rheldon' of the Nebraska Historical
Aocicty." This latter article covers
the essential and Interesting points
in connection with the birth and
pfowth of the state and gives many
side tight on its history. It ia 11
IttRtrnted from old and rare photo
graphs, from historic scenes and
Individuals, with a fine picture of
Stephen A. Douglas and a facsimile
of the first and last pages of the
original engrossed bill, now on file
in the archives Of the Department
of State at Washington. This shows
tne signatures of the speaker of the
house of representatives, IJren
Boydr of the president pro tempore
of the senate, David R. Atchison,
and of the president of the United
Htntes, Frnnklln rierce. Other hrtl-cles-ln
the number of nnusunl lnter
rnt comprise one on Henry M. Stan
ley, by Edward Kosewater, atld a
review of the work that has been
nccompllshed by the new executive
otBcers of the Oenernl ' Toleration
of Woman's Club. Both are illus
trated. Frank O. Cjirpehter's weekly
letter Is an Interview with Prof.
Langley on his aerodrome. The
number contains an Instalment of
the serial story, nnd there nre other
features that will bo appreciated.
You should give your order te your
newsdealer today.
THE
ILLUSTRATED
BEE
officials wag to determine Whether the pro
ductlon of the local field warranted- the
expenditure.
KANSAS CITY, June j.-The Standard
OH company Is now erecting tanks here
and IS preparing to build a pipe line from
the southern Kansas fields to Kansas City.
OLD MAN DIES FROM JOY
Thaaajhta af Home Returning; Over
come Cbleaa-e Mas Boafcel
tor Swede.
'
Emotions produced by the thoughts of the
welcome hnl was awaiting him In bis
fatherland, from which he had been absent
for fifty-four years, resulted in the death
of C. V. Bandberg, 13l North Halsted
street, Chicago.
While he was Standing at the Jorty
soventh street station on the Grand Trunk
railroad depot waiting for the train which
was to take him to the port from which
he was to embark fof his home In Sweden,
Bandberg related his plans and his hopes
to a man who stood oft the station plat
form. To the stranger the septuagenarian re
lated how he had come to this country from
Sweden when he was a boy of It years,
and how through the fifty-four years that
followed he had Alwayi planned to re
visit the Isnd of his birth,
With this purpose in view,' he said, he
had saved a portion of his earnings Until
he had finally, at the age of 70, accumu
lated money enough to enable him to carry
out his purpose.
As the old man related his story he be
came excited, and when he was speaking
ef his 18-year-old daughter whom he had
Intended to have accompany him on the
trip, he suddenly fell to the ground, the
blood gushing from his mouth. The police
were summoned and he was taken to the
Englewood Union hospital, where he died
an hour later, It was there discovered
that he had broken a blood vessel. Chicago
Inter Ocean..
PRIZE SILVER CAUSES A ROW
Wife- Secures Arrest ot tier gpoase
After rikt Over A Tobacco
Premium.
. A doten knives and forks obtained by
saving tobacco coupons caused the arrest
In Chicago of a husband and a brother and
a promise that the husband would file
a suit tor divorce, hans Ruhff and Wil
liam Huh ft are the men arrested arid last
night while their father was signing bonds
for their appearance In court today Hans,
the husband, declared he Would seek re
lease from hla wife today.
The story told the desk sergeant at the
Sheffield avenue station was that Mr. and
Mrs. Hans Ruhff could, Dot agree and a
separation was planned. Ruhff told bis
wife he would ' not stay with her after
Bunday. , Bhe did not' seem to cars, but
said he should take nothing from the
house. His clothes were alt packed and
his younger brother, William, came to
assist him to move. When he begati to
take' the silverware the wife remonstrated,
"That silverware belongs to the house,
and you shall Hot1 take It," she atd. ,
"I will," he replied. "1 saved up tobacco
tags for a long time to get these, and I
will root let you keep them now." .
William Ruhff trkd to take away, the
silverware while Mrs. Ruhff was arguing
with Hans. She ran after the ' boy and
when aha caught him. she charges, ho
struck her In . the face.
Hans Ruhff Is foreman of the twine tnlll
In tha Peering Harvester Works and his
brother IS sit usher In a theater. Ruhff met
his wife less than six months ago and after
a short courtehlp they were married. The
girl is an orphan but 19 years old. She Is
still In' possession of the house where they
lived before tha quarrel.-Chleago Chron
MORE MEN MAY BE CALLED OUT
Beeretary Mahoaer gars IS,Ov Uea
- WUJ Be Added fa Mat of
Marias Strikers.
NfcVv- YORK, June t.-Jamee T. Ma
honsy, secretary of the 'executive boar!
tf the Atlantic Const Marina Firemen's
Union, tonight declared that 18 ((4 men
might be Called out on strike If the de
mands of the men would not be granted
by the steamship companies. The strike
wauld affect eery rnast-plying stitamer In
I'crtland, Maine and New Orleans. Re
sides the U.OOQ men many mere 0uld be
called out on sympatbeila strike, according
to M a honey.
PEABODY IS CRITICISED
Masi Ifeetlnf at Dtaver Protestinf
Against Tropi in Colorado.
WESTERN MINERS MAY AMALGAMATE
reaeratlaa Dlseaasee tm Caaveatlaa
Plans for AftlllatlasT with lre
tha Caaatrf.
DENVER, June 1 The convention of the
Western Federstion of Miners today
adopted the report and recommendation of
the committee en affiliation with other
labor organisations. The report provides
that the executive boards of the American
Federation of Labor and the American La
bor Union be asked te join with the West
ern Federation of Miners In a conference
for amalgamation, and that all national
and International organisations be Invited
to send reports to the conference. The call
for this conference will be Issued by the
executive board of the Western Federation
of Miners "st an opportune time."
The convention postponed action on the
Colorado strike situstlon until after the
return of the- committee from Cripple
Creek, who were appointed to visit the dis
trict and report conditions as they find
them.
A mass meeting called by the Western
Federation of Miners' officials for the pur
pose of protesting against the imprison
ment of President Moyer, who Is confined
In the military prison at Tellurite on the
ground of "military necessity." was held nt
Coliseum hall tonight. The speakers criti
cised Governor Peabody for sending trnnps
to the mining districts In Colorado Where
strikes were declared and expressed sym
pathy wltn the strikers and the Western
Federation of Minors.
Secretary Haywood Of the miners' or-
ganlsatlon appealed to the audience to
make personal and collective efforts to
bring about the release of rrerldent
Moyer. He also snid that his organization
would fight unceasingly fof an elitht-hour
day and socialistic principles. He declared
that co-operative stores would be estab
lished In all strongholds of labor, with a
central supply department In some large
city.
In this manner, he sstd, he hoped to de
feat the aim of the Citizens' alliance and
eventually disrupt thonX Resolutions wero
adopted condemning the use of the mili
tary tn connection with the strikes and
recommending combined political action on
the part of all working people.
PERIL IN BRIGHT RED HUGS
Boat of Adam Isjaeree m Danger Sternal
and Was Taken In for Three
Btbs.
Since the famous Incident In whloh Adam
figured ho ease involving & mana rib has
attracted such wide attention as that of
Mr. Frank Lor rain rtgidnit MISS Marie Dti
Calm of Niagara Falls. Miss Du Calm
hugged Mr. Lorraln with, such vehemence
that She broke one of his ribs. Mr. Lorraln
Value the rib at $2,000 and Is suing the lady
for the amount.
When Adam tost his rib he did not sue
to recover damages, and many persons ars
Uhabie to understand why Mr. Lorraln
should do so, since he did not really lose
the rib, only had It broken. Ths hugging
he got which was undoubtedly, as solid
and substantial as It was paroxysmal must
be accounted some compensation. Possibly
the plaintiff. In the case has so considered
and Is suing to recover- only what he S
tlmates to be the difference between the
market price of the rib and the value of
the hugging. Hugging the Niagara Falls
style must certainly be Worth something;,
and the jury will hardly be able to over
look that point. ,v
This case of hugging occurred under ex
ceptional conditions. It was. in a photo
graphlo dark room, and It la affirmed that
a red tight threw the fady into convulsions
of violent tenderness. Bhe had no time
to reflect that the gentleman might object
to being hugged until his fibs were broken.
Probably she had never heard of a man who
would, ahd quite, as probably nO other man
would have thought of objecting even If
AH his ribs had gone (A the squeeze. Under
the influence and warm, glow of the red
light, sclerttlnd experts eclara. It wns
necessary for the lady to hug somebody,
and as there was nothing better than a
man handy she hugged him and broke his
rib.
It was a bright red hiig and certainly
Worth while. .The man who sues for dam
ages In such a delightful case Is out of
place In this age of athletics women. He
should take no more risks until he has
had himself armor-plated like a warilp.
And the lady, of course, will be more dis
criminating in the future and take some
one of her slxe when the bright red hugging
At cornea on. Philadelphia Press.
ZEBRAS WORK WELL TO SADDLE
Sneeeas Attends tha Efforts to Vtlllae
Animals Hitherto Thoasjht to
Ba Vh tamable.
It la but a few years since the latest peril
was encountered by the horse. Tbs automo
bile, It was predicted but recently, would
drive ths nobis animal from the streets and
ths species would soon become extinct.
Now a nsw peril Confronts man's best ser
vant a distant relative, the eebra, which
is coming to the front as laddle-bearef.
Up to a very recent date the sebra was
described as an untamable beast. Practic
ally all naturalists aareed that It could not
be broken te harness. But this belief was
dissipated as South Africa became settled.
Men not only tamed the sebra sufficiently
to breed tt, but they soefi learned to break
It so thst It could be harnessed to wagons.
Now the Oerman troops In southeast
Africa have done a 'still mere remarkable
thing with the beautiful striped Snimal.
They have broken It to the saddle and have
found that It makes a fine saddle beast.
Lieutenant Bronsart Von Bchellendorf,
who .was In charge of several of ths big
colonial trading stations until recehtly. Is
the man who succeeded In doing this. Ha
Instituted great hunts last year and caught
several large herds. These Were kept In In
closures and men were sent in every day to
walk around among the captlvea and ac
custom them - te the Bight and smell of
humsn beings. ,
The experimenters discovered to their
surprise that, Instead of requiring a long
time to overcome their shyn-ss, the xebras
became lame within a few weeks and
would not only suffer the approach of men,
but would permit themselves to Ij stroked
and ted.
When tho animals had arrived at this
slags the best specimens were selected and
turned oVer to good riders In tbe Imperial
troops: These men broke the sebras as
horses ere. brokrn. snd the result Is that
now a number of sebras are being used
regularly. Just like saddle horses.
One officer of the imperial forces has not
only broken a sebra to the saddle, but he
has actually succeeded In making l( learn
all the tricks and Ways of the filrst-class
hunting horse. This sebra will Jump bar
riers and ditches with all the energy M
Are of a good hunter and obeys Its rider
s thoroughly as any horse springing from
generations of trained steeds.
Another rider has taught hla sebra all the
ertlftcial gaits and can make it asnble,
gallop and run at win.
Lieutenant Abel rode one ef these aebraa
recently fluting a tour ef Inspection that
lasted for several weeks and reporti that It
compared favorably m every reepeet with
the horse. He found It not onfy perfectly
obedient nd willing, but also much better
able to withstand fatigue-than the ordinary
horse used In Africa.
In addition the sebra has the valuable
proper quality ef being Immune to the
dreaded tsete fly, which Is so fatal to the
unaccllmated horse. Chicago Chronicle.
EDITOR DANIELS RELEASED
Refnsed to Pay Fine Imposed for Con
tempt ProeeedlnKs Imposed for
Crltlrlslo Jaace.
RALEIQH, Va-, June 1 The contempt
proceeding's of Federal Judjte Purnell
against Editor Josephus Daniels of the
News and Observer, who has been In
custody since Monday for refusing to pay
a J2.Cn0 fine, were dismissed today, and
Mr. Daniels was released.
After 'argument, Judg-e Pritohard dis
missed the case and released Daniels, say
ing that he failed to nnd any law that
would warrant his retention. Mr. Daniels
was fined by Judge Purnell for an edi
torial criticising him in appointing re
ceivers for the Atlantic 6V .North Carolina
railroad. The appointment of receivers
was overruled by Chief Justice Fuller. '
A Small llo)'i Diary.
Thers Is a certain 9-year-old kid In this
city who Is keeping a diary. The book was
given him last Chrlatmas by a relative, end
his father had forgotten all about It until
he accidentally found the volume he other
day. Curious to see what his small son
had written in It, he opened the book and
found that the diary had been faithfully
kept. Here are a few of the entries:
"I am I years old today. Looked In ths
glass, but whlskars alnt sproutln' yet."
"Sassed a boy. Got llckt."
"Pop borrlrt ten centa for carfafr. thatj
makes $1.15 he owes me. Wonder If He ever
get It."
'Jlmmie stole my ball. I Mckt him
for It."
"A st Pop for some of my money and he
glv me a ntckll. I want that dolor."
"We feloes got up a base ball club today.
Ima ptcher. If I had that doler 15 I could
get a una form."
'Pop got paid today and giv me my
money."
"Mamma borrld a doler. Dam these peo-.
pie anyway. A feloe can't save nothln'."
"Ast Pop about banks. I want to put my
money ware csrfalr alnt so skarse."
"Got llckt again."
There was more of this, but "Pop" had
read enough. As a result there was a con
ference, and now the arrangement Is to
pay t per cent a week Interest, and settle
Very payday. The kid got hla "Unaform."
Philadelphia Telegraph.
v Inventors, Attention!
"How rich I'd be," said an umbrella
salesmen, "If I had patehted the Umbrella."
ry i n ,, 1 1 ' '
l no iKHjrfl Bincr euuiou.
"You might as well talk," said he "of a
patent on swimming of cooking. Umbrellas
appear to have existed always. Wherever
we excavate Bobylon, Nineveh, Nippur--traces
of the umbrella are found, this
Instrument Is coeval with mankind,
'It Is of oriental origin. The English
didn't begin to use It till 1700. Khakespoare,
with all his genius, had no umbrella to
protect him from the rnln. Jonas Hahway
was the first English umbrella maker.
'Now, what you might do would be to
patent some new sort qf umbrella some
rain shield built on better lines. We have
proof that the umbrella has existed for
10,000 years, and yet in all that time it
has not once been Improved. Consider It
It is by no means perfect, tt turns inside
out readily, and It only protects the head
ahd shoulders from the rain. Change all
that. Olve us an umbrella that la a com
plete rain shield. Then you will become a
rnllllonaIre."-hieago Tribune.
A WonderRil
SILK SUIT
Purchase
650 Women's Silk Shirt Waist Suits
bought nt our own price OCX ON
SALE SATURDAY.
Our buyer while In the eastern market last week, found one ef
New Tork's leading suit manufacturers with a surplus stock of 50
Silk Suite "AND AGAIN OUR READY CASH DID THE BUSI
NESS." We made him a very low offer for the entire lot, which
was accepted-AND HERS THEY ARB.
090 High Grade Silk Suits, made of the very best quality of
taffetas, foulards, pongees and fancy silks, strictly new and up
to-dato In every particular, at prices that you could not buy ths
material for. We have divided the entire purcbaso tn 3 lots
Lot 127? WOMEN'S
. SILK SUITS - - -
Lot 2 200 Wo- (jMlyfl 7C
men's Silk Suits - U 2
Lot 317? Wo
men's Silk Suits,
$10
$18.75
Every Suit is Positively Worth Double.
issm..jJ..i.' iw.iPHgjuiigisw
aoi
.ii- i.iu-1- a- uuj.1 Jl
WBBaggSgggfciJ-iraisWi Ml a Tiii ilia jij jfiTsi
SUPREME COURT SYLLABI
The following opinions will not be o fu
els liy reported:
Ii1i3. Martens against Bee Publishing Co.
Error from DouKlas. Keversed and re
manded. Kirkpalrlok, C, Division No. 1.
Unreported.
1. Where matters alleged to be libelous
are privileged, the onus of proving that
they were published wltn malice Is on the
plaintiff.
I. The doctrine of Qualified privilege
applicable to communications In a news
paper regnrding candidate for public
ofllce does not extend to statement Injuri
ous to reputation or character If suoh
statements are false in fact.
g. The law Implies malice from false
statements of dishonorable or disgraceful
matters as facts which are given publicity
through a newspaper.
4. In an action for libel, defendant ad
mitted the publication of articles, hut
pleaded ss justification ths truth of the
matters published. Plaintiff's testimony
tended to show that the statements pub
lished were false. Held, that it was error
to direct a verdict for defendant on the
ground that express malice was not
shown. '
. The implication of malice which the
law raised from the publication In a news
paper of false statements of dishonorable
and disgraceful matter ns facts te not
overcome by proof of good faith or rea
sonable effort to ascertain ths truth, the
plaintiff being nevertheless entitled to
Compensatory damages. ,
ft. To entitle one of. whom a libel has
been published In a newspaper to recover
his actual damages suffered therefrom, he
need not offer any evidence to show
whether or not Its author or publisher was
actuated by malicious motives; if the mat
ter published originates with te defend
ant or Is sanctioned by htm and is both
libelous and untrue, malice on the part of
the publisher Is presumed.
T. The publisher of libelous matters at'
trlbuted to others Is liable to ths present
Kerson Injured, If such matters are pub
Hhed with evident sanction, and sre made
the basis of offensive Insinuations, derog
atory expressions of opinion and Injurious
characterise tiona.
g. When a communication Is privileged,
Its does not lose its privileged character
by reason of Incidentally coming to the
attention of others than those tor whom
It wis Intended.
130TO. Chicago, Burlington A Qulncy Rail
road Company against C'llnebell. Error
from Custer. Reversed. Glanvllle, C. IHvl-r-ion
No. J. Holeomb, C. J., dissontlng. Un
reported. 1. In an action for damages for personnl
Injury a petition which uoee not allege
negligence In term's or equivalent terms,
nor fuels constituting negligence as a mat
ter of law, nor that the injury complained
of was caused by or resulted from any act
of defendant, does not state a cause of ac
tion. 2. Petition examined and held not to state
a cause of actlnn under the above rule.
8. An Instruction which misstates the
Issue mnde by tha pleadings la erroneous.
4. Instructions which allow the Jury to
find the existence Of elements of a csirse of
action not stated In the pleadings are er
roneous. 181N1. Keeley Institute sen Inst- Rlggs.
Error from Lancaster. Judgment of the
district court reversed! judgment of the
i untie court aiiirmed. Klrkpatrtck, C
lvislon No. I. Unreported.
1. Under the provisions of section 1082 of
the Code of Civil Procedure, the nlckiieaS
or other disability, or necessary absence of
a Justice, which authorises the calling in
Of another Justice of the county to attend
in his behalf and at his request, Is such as
occurs at the time appointed for trial.
8. Where one has hen Irregularly cited
to appear before a justice in a proceeding
brought to revive a dormant Judgment, and
he appears before sucn justice and Pleads
(to the merits, not eavlng his objections tn
iub jurinaicijon nver nis person rty answer,
he thereby waives the defect os iricgulnrlty
in the service and submits to the Jurlsdlo
tlon of the court over his person.
3. The requirements or section lOOt of the
Code of Civil Procedure, providing that the
justice must render Judgment within four
days after the close of the trial, are com
1 plied with If Judgment is rendered within
; four days from the final submission of the
cause or matter pending before the justice,
4. The entry In a Justice docket, "where
upon I Issued summons returnable August
Id, A. D. lfiH at 9 o'clock a. m.," In a case
vi herein Judgment was rendered against a
defendant who did pot appear at the trial.
Held, sufficient to show that the defendant
was summoned to appear at the day and
nour namea in xne aocket entry.
J 308. city or Lincoln against
Bailey.
Duffle,
Error from Lancaster. Affirmed.
C. Division No. 3. Unreported.
. A lolnt assignment of error In a peti
tion In error made by two or more parties,
which Is not good as to alt who Joined
therein.wlll be overruled as to all.
1S3SQ. Weed against Chicago, St. - Paul,
Minneapolis (k Omaha Railway Company.
Kiror from Douglas county. A (tinned,
fawrett. C., Division No. t. Unreported.
1. Employers are not insurers. They are
liable fur the consequences, not of danger,
but of negligence, and the unbending tst
of negligence in methods, machinery and
appliances ia the ordinary usage of the
business.
2. A servant who, from the length oe
character of previous service or experi
ence, may be presumed to know the ordi
nary hatardn attending lite proper conduct
of a certain business, is not entitled, as an
absolute right, to the same or plmllar notice
of dangers incident to the employment ss
It he wore ignorant of, or Inexperienced In,
tho particular work. Omaha IJollling Co.
against 1 heller, 8 Neb., KT-T.
8. It is not negligence per so for n con
ductor of a freiRht train, while engaged in
switching cars ata station, to order an ex
perienced brakeman to bonrd and stop a
car moving nt a speed of from four to fix
miles an hour
4. In such case, where it. appears from
the evidence that the act ordered to be
performed is a usual and ouatomary nat
performed by freight V-rakemen generally,
undr like circumstances, the rllf!g of the
order will not be Imputed to the ct.tnpany
as negligence,
6. Where an order is given by a mas tor
to a servant to do a dangerous let wl.lch
must be done at once or not at ell. and the
servant knows and realizes tho dangerous
character of the act, and has time to con
sider and does consider and decided which
of several known methods of performing
the act he will adopt, and such act, thougU
dangerous, is not unusual, but cuatomury
In the conduct of the business In which he
Is employed, he assumes the rick of obey
ing the order.
6. And In such case, If there are several
methods of carrying the order Into effect,
varying In degree as to attending danger,
and he Selects the most dangerous of thuae
methods and is Injured, he cannot re
cover therefor.
7. A trial Judge Is no longer required to
submit a case to a Jury n.erely becauae
some evidence has been Introduced by the
frty having the burden of proof, unlesw
he evidence be of such a character that It
would warrant the Jury In proceeding to
fnd ft verdict tn favor of the party Intro
ducing sii'.'h evidence. Ry. Co. V. Bporer,
t4 N. W. Rep., m.
8. Evidence examined and held amply suf
ficient to sustain the peremptory Instruc
tion given by the court.
' The Lee want ads produoe results,
1C
FOLLOW THE FLAG
K
in
15 A IP IPPA
UUJ
AIL Y
READ DOWN READ UP '
7t45 A. M. 6:30 P. M. Lv. Omaha Arr. 8:20 A. M. 9:00 P. M.
8:00 A. M. 6:45 P. M. Lv. Council Bluffs Arr. 8:05 A. M. 8:45 P. M.
7:35 P. M. 7:00 A.M. Arr. World's Fair Station Lv. 7:45 P.M. 0:15 A. M.
7:50 P. M. 7:15 A. M. Arr. St. Louis Lv. 7:45 P. M. 9:00 A. M.
COMPARE THIS TlMfi WITH OTHER LINES.
oP0o JaU the
Louis shM
0.
u
THE ONLY LINE TO
WORLD'S; FAIR
MAIN ENTRANCE
Sold June 6, 13, 20, 27 Good 7 Days
On Sale Daily Good 15 Days
(Iru
$ . (id iiy
A.
"2
Art Wabash trains run to World's Fair Station, saving time, much trouble and
extra car fare. For beautiful World's Fair folder and all information call at Gity Office,
1601 Farnam. or address
IIADRV I? MAHDirC fl A Ai ..w r.L ML
k Nwiimiw. ;'" w " ' m i i hi mm
n i i
rmf ii "im
