THE OMAITA DAITjT 11EE: PATURDAT. MAltCIT IS. 1003.
PIPES
PIPES
Or-
A Bir lot fit ErTur WoorT Pfp, res isor-trd
ftofk fmm the larrest munac
torer of Briar wood pip la th
world, worth 25c 60c, 70c, ens Ice.
15c
75c Bailenb'rg Centers 25c
Ratordaj- morning we place on sale
500 beantiful hand made Bat nbnrg
Center Pieces, splendid value ?
at 75c to rLOO, choice JC
limit of two to a customer.
nn
lOj
THE RELIABLE STORE.
$2.00 Hand Bags, 79c
15c Pure linen Handkerchiefs, 7 1
at 2C
50c New Neckwear, 25 C
OPTICAL DEPARTMENT
WHEN YOLK EYES TIKE AND YOUB
HEAD ACHES SEE OUIt OlTtCIAN.
Correctly Fitted Glasses at Popular Frfce.
perfect Satisfaction Guaranteed.
Men's Furnishing Bargains
SHUTS HOSE in fancy colors, blacks, tana, greys and silk em
broidered. A sample line worth up to 39c a pair. Won- ?
derfni bargains at, a pair, 12c, 10c and.. aL
ME2T8 BHIBTS Over 150 patterns to select from in the cele
brated Griffin brand shirts alone. Negligee or pleated bosoms
with cuffs attached or detatched, worth up to $2.00. CQp
Special Saturday at..... ..- .VJt
50c UNDERWEAR, in spring weights, plain and fancy colors,
drawers with double seats, sp xial Saturday, per gar- Z C p
merit. ...... ......... vw
50c MEN'S UNDERWEAR, heavy quality, in broken
sines, choice Saturday. tJ
50c FOUR IN HAND AND TECK TIES, in newest spring J JJ
patterns, special Saturday -jC
GREAT SUIT SALE CONTINUES
Special Sale on Utica Mills Sheets, Pillow
Casing and Sheeting.
(Tha prices w are quoting you are leas than mill prices today.
TB tltlca MUla Bleached
Sheet turn, not cut 72x
00 alse special at
8Se Utica Mills Bleached
Sheets torn, not cat 81x'
90 size pedal at
80c Utica Mills Bleached Sheeting
yards wide great snap 'J f f
special at yard ....jLIaC
27c Utica MUls Bleached Sheeting 2
yards wide greatest yaine f f
ever offered, at yard I.2C
37e Utica Mills Unbleached Sheeting
214 yards wide unprecedented bar
gain, at Qf
yard lyC
25c Utica Mills Unbleached Sheeting
2 yards wide special, at f 1
7C
r we guarantee every ono of the above Sheetings, Pillow Cases and Sheefa
stamped Utloa Mills. Quantity te limited. Come early
Beemless
.59c
Seamless
..69c
16 Utica Mills Bleached Pillow Cases
42x39 size special I21c
18c Utica Mills Bleached Pillow Oases
46x36 size special
at
... 1 5c
2Jc
10e Bleached Muslin,
at yard . .
16c India Lawns,
at yard
12VjC Apron Lawn 40 mefces Mi
wide, at yard ..T2C
6tfc standard Dress CaUcos, '
at yard..... ... JfC
12c Onrtalfl Swiss, 66 Inches n
wide, at yard... -iC
lOo Kenwood Printed Batista. A a
al yard.... ....7....f C
16c Wash Voiles, q 1
at yard OC
12c Madras, Cheviot and yard r
wide Percales, at yard OC
10c Swiss Lawns,
at yard.
3a c
12c Zephyr Gingham, 7
at yard QgC
40c Mercerised Sateens, black fjl
and all colors, at yard lC
Remnants Table Linen and Toweling
at half price.
Remnants of SO-lneh Cotton T j
Flannel, at yard sC
RemanMts of extra heavy twilled
Drapery Cretone, at yard
Remnants of 16c Shaker O f
Flannel, at yard. O2C
6c
Sale of entire stock of Ladies' Tailor Suits purchased
t will continue Saturday. The most artistically designed
were ever shown in Omaha for the price. BIG CLAIM
quickly become convinced. ,
ALL LEWIS, MEYER A COLIN SUITS,
made to sell up to $16.00, Q 7 C
at U. f M
ALL LEWIS, METER St COLIN SUITS,
made to sell up to $26.00, JJ.
ALL LEWIS, METER & COLIN 8UITS,
made to sell up to $32.60, Q
ALL LEWIS, METER & COLIN SUITS,
made to sell up to $37.60, (JQ
NEW CRAVENETTES ' Latest and
most handsome designs, 1a aa
$40.00 down to UUU
SAMPLE COVERT COATS-250 new
ones Just received greatest bargains
ever seen in Omaha at . 7 pa
$16.00, $12.60, $10.00 and . DU
COVERT COATS Silk and satin lined,
made to sell at $7.60, m r f?
special at it, JD
BEAUTIFUL SILK SUITS - We're
Justly proud of our showing of Silk
Shirt Waist Suits hundreds of ex
ceptional values now on display and
new ones arriving daily, atf r tt
prices from $36.00 down to. 13.UU
from Lewis, Meyer & Oolin of New York
and handsomely finished lot of suits that
THINK? Just see them and you will
$20.00 SILK SHIRT WAIST SUIT AT
112.60 Saturday, as a grand special
we will offer choice of 123 Silk Shirt
Suits, in all colors and latest styles
greatest bargain ever C
known, at 1,J
NEW SKIRTS In Panamas and Sicil
ians, at $15.00. $10.00, T 11 U
$7.60, $6.00 and .U
LINEN WAISTS A great Mn of mag
nificent values, at $12.60 f T C
down to $3.00, $2.60 and ! I
Women's $1.00 Wrappers,
at
,$2.00 Moire Underskirts,
at
HOME MADE WRAPPERS at $2.25,
$2.00, $1.76, $1.60 C
and tD
WOMEN'S NEW SPRING WAISTS in
fine lawns, madras, vesUngs, etc.,
worth up to $4.00, OS
special, at V
$4.00 UNDERSKIRTS in moire and
sateen, greatest values ever offered
by any western house, 100
FROM 7:30 TILL 9:30 P. M. Women'!
$1.00 Wrappers, 39 C
39c
1.00
F. P. KIRKENDALL SHOES
We secured direct from KirkendaJl & Co., an immense lot of shoes
ABSOLUTELY UNDAMAGED
by Are or water at an extremely low price. Hayden Bros, were the only Omaha firm who secured the advantage of
direct purchase, thus securing the very cream of the stock.
THESE SHOES NOW ON SALE
and sale will continue until every pair is disposed of. See our offerings, get our prices before buying, youll save
money by doing so.
Klrkendall's $3.60 and $4.00 men's fine custom-made Shoes, In vlci kid, patent colt end tan Russia calf " yQ
' choice AitO
THE RAVEN SHOE for women sold the world over at 2.50 look far label on top of lining Hayden's f J (J
price 1. 1 D
KIRKENDALL S PRAIRIE QUEEN, a regular $2.00 shoe Klrkendall's $2.00 satin calf shoer for men Kirk- Ofi
UU
endall's $1.60 satin calf shoes for boys Klrkendall's $1.60 vici kid shoes for misses and children.
In Our
Corset Dept.
I0e "TAPE . AND BATISTE GIRDLES
In pink, blu and white. on
Saturday.... ifC
WARNER CORSETS-.-egular .
l.M ralii, Saturday OC
DOWAUKR CORSETS fbr stoat figures,
doubl boned and long- hipped 0
with ho upporter, at
WAIST BLOUSE AND BFST
FX3RMB- awU new Una, . , ' B
up freeiL. DC
PRESCRIPTIONS
CAREFULLY FILLED
1 'AT LOWEST PRICES IN OUR
DRUG DEPARTMENT.
Florida Water, l&rre
bottle, OC
Orance Flower Cold J e
Cream IOC
Colsmte's Tooth f-
I'owJm IOC
r.1:......: :::..::..:..;.".25c
7U White Ron Glycerine 10n
Soap, cake
Rubber Gloves, Efl-
all alzea. OVC
MONEY SAVING MEAT PRICES
We are always in the lead in high quality and low prices.
Leaf Lard,
18 lbs
at.
Pork Loins,
per lb
Pork Roast,
per lb
Spare Rlba,
per lb.......
No. 1 Rib Roaat.
per lb., 8c ard
Shoulder Roast.
per lb..... ,.
Mutton Stew, , V
per lb
7ic
;...6ic
..... 6c
10c
'"' 3c
3c
Veal Btew,
per lb
Veal Roast,
per lb., 9c and.
Lamb Leg-s,
per lb
Armour's Bacon,
per lb.
Armour's Hams, '
per lb
Rex Hams,
per lb.. .n.
Rex Bacon.
per lb ,
...4c
8c
...9c
lUic
lOic
..9ic
...He
Ladies9 Gloves
$1.00 GENUINE LAMB SKIN GLOVES
in all the new spring shades with
Paris point stitching, one large clasp,
special bargain Saturday,
KAYSER SILK GLOVES in all the
newest shades, at $1.00, 75c, r
00c and tOQ
Headquarters for fancy Parasols and
Umbrellas prices from C fl A
98c to plt
Ladies' Muslin Underwear
The greatest variety of artistic spring styles in ladies' under;,
muslins ever brought to Omaha are shown in this lot and at un
equaled low prices.
$1.60 to f2.00 GOWNS, handsomely trimmed with fine lace and
embroideries, special sale price Saturday at 9Sc 7 Cn
and
LADIES' SKIRTS, in the most fascinating designs, extra full
and deep flounces of lace embroidery and inserting, QR
worth up to $3.00. Divided into two lots at $ 1.50 and aUl
LADIES' CORSET COVERS, well worth double the price we
ask, handsome yokes of lace and embroidery at 49c, Qp
39c and
LADIES' DRAWERS, made extra full and elegantly trimmed
in fine and embroideries, worth up to $1.00, at 49c
The most complete line of ladles' furnishings la the city at lowest prices.
SPECIAL SHEET MUSIC
The following hits on SALF one day only, such as: '
Tm Trying So Harrf to Forret yon"; "Coax Mo"t "TeaKlng"; "In Old IreTan,
Meet Me Thre": "In the SleiRh With the Olrl You Lore"; "By the Dear Old Del,
ware": "Little Hoy From Ixmenome Street"; "Como Home Soldier Boy In Blue i
"Lucy IJndy Iady": "Ocnerteve : Seminole"; "Abrnhom": "Bck Back. Back,
to Baltimore'; "Oood Bre, Little Girl, Good Bye"; 'Take Me Bock to the Old
Virginia Shore"; "Olrl Who Cures for Me": "When My Golden Hair Has Turned te
Bllvery Gray," (nne ballad): "Jolly Me Alonir": "Arabola"; "Moonlight"; Western
Girl "; 'Field Pay"; Chicken Charley": "FlgMIng- the names"; "SC Louis Tickle
"SatlRfled"; "Blue Grasa Cchoe'"; "lola": "Dixie Doodle"; "Ung Time to the Moon I
"Undercurrenf't "Memories Dream"; "Virginia Beautlea"; "Ever Thins Waltses" I
"Dance to the Moon" and "Buffalo Flyer"
15c per copy. By mail I6c
Saturday Inducements in
uur furniture uepu
We are reeetrlns; new goods dally and you win
And the Une shown here, as large, as well select
ed, and of as high a character as shown elsewhere
But our prlcea are Jirnt lower than the lowest.
and rery often rery much lower.
To Newly Wtddti People arc offer Sptdat todnctmtntt
We have Just put on our floor a complete new
line ot FOLDING RECLINING GO-CART8,
FOLDING GO-CARTS. GO-CARTS and CAR
CARRIAGES. RUBBER TIRE WHEELS, AUTO
MOBILE WHEELS, and all the latest things la
Folding and eaay to carry Go-Carts. We are also
arenta f r the celebrated "BUSTER BROWN" Oo-
Caru Ou be folded as small as your grip. Come
and look the line over. Go-Csxt llks out. f QC1
RjLturdnv for
METAL. BEDS
Over 100 patterns to select from. Dew aesUras, ,
new combination of colors. Saturday ws place
on rale a full sire white enamel bod. wen made
and strongly constructed. f Kf
for
IF YOU ABE INTERESTED IN FUBNTTITRB COMB HERB.
AT THE
HOSIERY COUNTER
30c LADIES' HOSE plain and fttney.
In all the new colors and black, some
handsomely embroidered,
at pair aJt
LADIES' FANCY H08B In black,
tans, .modes, et& plain and embroid
ered, great snap Saturday, f
at pair... 12v
CHILDREN'S HOSE heavy ribbed
with doable sole and knee, lI
extra special, at, pair .t
25c MISSES' HOSE fine ribbed and
drop stitch, unusual I (I
bargain, at pair ....'. C
China Department
Bargains
BEAUTIFUL DECORATED Ftetea, Clip
and Saucer. Covered Dishes, Open Vege
table Dlahea. Fickle Dishes, Platters,
Salads. Saoce Boats, ato all under
glased decoratfona, from open stock
pattern of flow blue, wnnrter m
ful values Batorday. t if '
choice. 10 in4............nvM. . V v
Wine Glasses, oc
C&C e eiSiS Si eieieissjfcstwe. v
Fruit Baucera,
Crystal Butter ZMsbM cc
Crystal Cream JSga, c
each C
Crystal Bpoon Holder, C
each C
Crystal Sugar Bowl, Rn
each .
BIG, FIVE OF THE SENATE
Engineers of Equal Skill ' Operate the
Upper House of OongreBs.
HOW, TO PERFORM RESPONSIBLE DUTY
Do Not Make Much Noise, bat When
They Push the Button the M-
;Chiie Movea Alonsr the
' tiroovea They Design.
A session of the senate without Nelson
W. Aldrlch to run It Is a thing almost un
thinkable, and yet the late extra session
was run along quite smoothly while Mr.
Aldrlch enjoyed himself In Europe.
To say that Mr. Aldrlch runs the senate,
as is often said, Is to describe things a lit
tle loosely. No one man runs the senate.
But it la true that Mr. Aldrlch comes as
near to running It as any man. He is
pretty close to being the most powerful
man In the United States. Me lias more
influence on the destiny of events than any
other man. How long this will continue to
be true is a question; the president and the
speaker have given striking evidences of
their determination to make it untrue as
speedily as possible, and have done a good
deal toward executing that determination.
But it is true still.
i uo aenaie nas ruiers, just as tns house
hss. There are four of them in the house
and five in the senate. The difference Is
that the house rulers are such by virtus
of their official 'positions as speaker, floor
leader and members of the committee on
rules. If their official positions were taken
away from them they would be bowled over
Immediately.
The senate bosses hold their places by
virtue of two things first, their genius for
leadership, and second, their strategic po
sitions In the committee assignments.
Genius for leadership does not count for
tnythlng in the leadership of the house.
SCOTT'S EMULSION.
Scott's Emulsion
Scott's Emulsion
Scott's Emulsion
i Scott's Emulsion
Scott's Emulsion
-the , old story, told times
without number and repeated
over and orer again for the
last thirty years. But it's
always a welcome story to
those in need of strength and
health. There's nothing in
the world that stops wasting
diseases as quickly as Scott's
Emulsion.
Wel am yes s seats free "
tCOTTMWl,- rewt SMest, Mew Task,
The men who have it are all, with the ex
ception of Mr. Cannon, outside the house
machine, and yet they are about as help
less In the grasp of that mach.ne as the
veriest greenhorn In congress.
Leaders Able to Lead.
In the senate the leaders have risen to
their places because they can lead, and
have solidified that leadership by their stra
tegic positions. Besides Aldrlch, they are
Allison of Iowa, Spooner of Wisconsin, Hale
of Maine and Piatt of Connecticut.
Mr. Lodge Is often spoken of as one of
the senate leaders, because he has been
recognized as the spokesman of the admin
istration. He is one of the senate leaders
In the sense that he Is a leading senator,
but not otherwise. The real rulers consult
him often, and he might truthfully be
called a sort of assistant ruler. He holds
a relation something like that which the
Caesar held to the Augustus In the scheme
of the Roman empire. Some day he may
be a real ruler, but he is not yet.
The two great committees of the senate
are appropriations and finance. Of appro
priations Allison is th chairman, and he
and Hale control the committee. There is
no other member of It who has the ability
or the courage to cope with them. Aldrlch
Is chairman of finance, and associated with
him on the committee are Allison, Piatt and
Spooner; and these four men run that com
mittee. The republican steering committee oon
slsts of nlns members, and the five bones
control th steering committee. All the Im
portant committees of the senate , are so
constructed as to bs easily controlled by
th five rulers.
These five men practically control the
government on many an Important issue.
They can block or defeat anything that
the president or th house may desire.
Therefore they have to be respectfully con
sulted on every proposition, and on many
an ocoaslon, not at all remote, It has been
simple fact that these five men were the
government of the United States.
The day of great debates In the senate
la not gone, as Is erroneously supposed;
the only difference Is that the great de
bates are not held In the public eye and
never leak into the publlo ear. The great
debates of th senat are held in what
ever room Allison, Aldrlch, Hale, Spooner
and Piatt of Connecticut may be gath
ered to decide what shall be the policy
of these United States on a given sub
ject. Dramatle Performance.
Th public "debates" to which the
eager-eyed tourist listens so reverently
are in the nature of a dramatic petorm
ano.j They have nothing to do with the
legislation to be enacted. While senators
are going through the motions of srgulng
a great question, th real debate is taking
place or has slready tuken place In some
little room where two or three are gath
ered together. Oftentimes the real debate
Is over and the whole question settled
before ever the mock debate In the sen
ate begins. g,
' The-e real debutes, of course, are not
always .restricted to the five rulers. If
tliey were the rest of the senate would
be little more than manikins to be pulled
with strings. But the five rulers are, the
men with the veto power and the men
whose say Is law.
Some ot th five rulers occasionally
oondescend to take part In the mock de
bates on th senate floor. But when they
do, it is In their capacity as politicians.
not as legislators. They sre saying such
things as they think should be published
for the benefit of their political party.
The performance has nothing In the re
motest way to do with legislation. The
legislation has been settled in the private
debates.
If these real debates were reported as
the stage debates in open senate are, the
literature of American oratory would be
enriched not by flowers of speech, but
by downright, direct, sledge-hammer ar
guments. Oftentimes the five bosses dls
ugree. They fight out their disagree
ments, come to a conclusion by rule of
th majority, and then stand solidly to
gether for the result.
The secrets of death are not more
closely guarded than the secrets of these
real debates, the debates which decide
the policies of the United States and make
history. Seldom Is It that any vaguest
rumor of the differences in the camp of
the five Caessrs trickles through the
cracks in those closed doors. When they
reappear In the publio view they sre
united and are handing out their orders to
their followers and the differences which
preceded the agreement may never be
known even to their colleagues.
One exception was In the settlement
of the tote of the Philippine Islands. It
did become known that Spooner and Hale
disagreed vehemently with the "Imperial
ist" policy, and that the battles in the
councils of the Big Five were protracted
and exciting. But when the doors were
ttirown open snd the mock debate in th
senate began, Spooner was the spokes
man chosen to put forward th "imperial
ist" policy, and he did It with the fire
and power which characterise all his ut
terances In th mock debates.
So great a man is Spooner In the mock
debates that no man can question the deep
lose of American literature resulting from
the failure to report his speeches in the
real debates.
A Cbeas Player with Men.
Aldrlch is a chess player with men. No
one in the senate and lew outside It equal
him in that particular talent which gives
one man the mastery of others.
It Is seldom that his voice Is heard on
the floor, and when he does speak it is al
ways as an actor. He hardly conceals the
fact that he breaks his silence merely to
make a political point. His part in the
machine la that of political manager. A
type more irreconcilable with the vulgar
political boss can hardly be Imagined. He
is a handsome man with piercing eyes and
a flowing white mustache. He Is a gentle
man, a man of pleasant address and with
a voice agreeable to hear; but there Is
about him a constant Indefinable Imprest
slon of power and command, the product of
long habit In ruling men.
Allison is the man ot experience, th sag
old pilot ot th senate. They say that no
man who has ever been In the senate knew
o much about It as he does. He Is the
political forecaster, th compromiser, the
weather prophet, the man who brings Ir
reconcilable things together. It Is said
that the oldest Inhabitant cannot recall
having liennl Allison give utterance to an
opinion on any subject whatever. Doubtless
he does give utterance to them, but never
except In the Inner councils of the Caesars.
Bufc-Hclous to th point of craft, it does not
annoy him to know that the epithet moat
frequently applied to him is "the Old Fox."
H looks the Solon, with his massive,
leonine head and Its immense forehead and
mass of gray hair. Wb as rises la bis
place in the senate he disdains to talk as If
ha were making a speech; he leaves all that
to the youngsters, whose sum of knowledge
does not equal all that he has forgotten.
He never rises except to shed light on some
knotty point, and when ho does It Is al
ways as briefly as possible, and In a con
versational voice that is almost an under
tone. Then he drops back into his seat and,
with sublime Indifference, lets the talk
go on.
The Tvro Platta.
In that part of the United States which
lies outside of the City of Washington, it
is customary to refer to Piatt as "Piatt
of Connetlcut." Here there is no such
custom. When one speaks in Washington
of Piatt, It Is assumed that of course he
speaks of the Connecticut man, the great
Piatt, unless he specifically adds the
words "of New York." It Is but seldom
that this occurs, for Piatt of New York
has no more Influence on legislation here
than the coruscations of a lightning bug
have on the solar system. He goes his
way unregarded and, not discussed; and It
Is an uneventful day In which the name
of the other Piatt Is not heard in cor
ridor gossip on the day's topics.
A mild, steady old gentleman with a
long white beard and deep furrows under
his .eyes; quiet ot manner and soft of
voice tall and angular of frame, who
seems to have a difficulty in deposing
of all his bones; with a frame like Lin
coln and the face and manner of a pastor
emeritus that Is Piatt, the constructive
legislator of ths senate machine.
These three gentlemen of scanty speech
are but little known to the publio except
by name. It Is different with the other
wo. Spooner is ths orator and the law
yer, and he conducts the public battles
of th machine. He and Piatt are re
garded as th statesmen of the combina
tion. He is an enthralling speaker, a man
whose words are ot fire and whose argu
ments are of Iron. He has not his match
In th senate, except perhaps Bailey.
When deserting his desk and taking the
aisle, Spooner swings his short form from
one side of the aisle to the other, hurl
ing his hand like a weapon at the demo
cratic side, every man In the senate is
In his seat snd listening with all his ears.
It Is sn intellectual reat ot the first
order.
Hal as sv Knocker.
Hals Is less under the necessity of ob
serving th rule of secrecy about differ
ences in the councils of th Big Five than
any of the others. He often blurts out
his subllms disregard of th prevailing
policy; but he observes th rule of the
majority so far ss not to fight It except
in the inner councils of the Board ot Con
trol. ' He looks ss little Ilk th three mild-
spoken bosses first mentioned ss does ths
fiery Spooner. He is a red-faced man with
a pointed gray beard and a countenance
mad up for war. He looks always cs if
be were getting ready for a fight with
somebody;, and when h does speak th
moat biting Irony falls from tils Hps In
measured, unemotional tones. Unlike
Spooner, he does not go Into the aisle and'
wave his fist. He stands by his denk,
holding the corner of It rigidly, and lts
his boiling sarcasm drip word by word or
drop by drop.
He seldom ventures Into the range of
public vision. When he does, It Is gener
ally in th attitude of serving notice on
somebody that this nonsense must stop.
When Hals Is interviewed It is a signifi
cant event; it la not an Interview, It is an
occurrence in history. An Interview from
(not with) him Is an announcement of the
policy of the government; an Interview
with any one of the senate rank and file
is merely an interview.
None of the four others is ever Inter,
viewed. Whether the senate bosses have
deputed that role to Hale cannot be known.
An Interview with him appears with the
rarity of a comet. But when it comes it
is generally like the roar of a lion or a
blast of dynamite. After the Interview the
air Is full of debris for awhile, and then
things proceed to shape themselves In ac
cordance with the Interview.
It Is not necessary to recall that there
was considerable talk of tariff revision at
the opening of the recent session until Mr.'
Hale, for the first time In a couple of
years, was Interviewed.
At last In these latter days the rule of
the senate bosses Is challenged. The speaker
seems determined to raise the house to Its
constitutional plnce in the American sys
tem of government; and the president
seems determined to exact at least his own
constitutional place. The senate bosses
think he means to exact more. The history
of the next four years Is likely to prove
Interesting. Whatever be the outcome, the
senate bosses will stand or fall with the
senate. It th senate loses Its grip, they
will lost theirs; but no one has yet been
able to figure out a way by which the
senate can retain its power without the
five Caesars being as much in control of
It ss ever. New York Times.
SUPREME COURT SYLLABI
13378. Schwlngle against Anthes. Appeal
trom Clay. Motion for rehearing overruled.
Per curiam.
133M. Carly against Boner. Appeal from
Dawes. Former Judgment of reversal ad
hered to and decree entered in this court
confirming and establishing appellant's
right to redemption heretofore eftoctuated.
llokomb, C. J.
1. In an Interlocutory order entered on a
former uppvtil of this case oonslilered and
held not to be res Judicata aa to the ilghu
of tho parties to redeem land from a decree
rendered in the action and sale made In
pursuance thereof so as to become the law
of the case.
2. The statutory light of redemption from
sttle differs essentially from the equity of
redemption proper, it Is usually self-executing
and to enjoy the benefit thereof no pro
ceedings are ordinarily required to be had
In the courta to make such right effective.
This right or privilege is given by statute
to the owner of the equity of redemption or
his grantee.
3. whether or not the redemption of real
estate by the owner of the equity of re
demption or his grantee from the- decree
and the sale made thereunder as effectuated
Is with or without prejudice to the rights
of one claiming as the assignee of a mort
gagee, is not determined. This question Is
not within the Issues raised by the appli
cation to redeem, nor Is It Involved In the
exercise of the statutory right of redemp
tion from a decree and a sale of real es
tate made In uurauunce thereof.
136K8. Jandt against County of Sioux. Er
ror from Sioux. A-mrmed. Letton, C.
Certain live stock In herd was re
moved on the 7th day of April from Sioux
county. In which It had been situated for
three yeara and where it was legally liable
to be listed and assessed for taxation, to
tiox Butte county, In which it was Hated
and a unease. 1 improperly. The owner paid
the taxea In Box Unite county. Held, that
-these facta do not relieve him from paying
the tax properly and legally usaessed in
Bhiiik county.
139. Kouerta a Kill nut Lemont. Appeal
from Madison. Revcraed and remanded.
Ol.iham. C.
1. A valid atrrerment In restraint of trade
must be established by clear and sit la
factory proof to warrant a court In reatraln
Ing Ita breach by injunction.
2. In determining ths validity of a eon
tract In reatralnt of trade, th tsst Is
whether th restraint is only such as Is
necessary to afford a fair protection to the
Interests of the party In whose favor It is
given, and not su much to Intertere witn
Uie Interest of the publlo.
3. A contract in restraint of trade, which
is not limited either In time or space, is
against public policy and void.
13721. Loonier against Loonier. Appeal
from Dawes. Ann rued. Ames, C.
1. An examination of the evidence shows
that the plaintiff failed to produce a pre
ponderance thereof in support of the
grounds alleged for a divorce, and the Judg
ment of the district court dismissing tne
action is oillrmed.
13733. Sluyter ugalnst Schwab. Error,
Clay. Reversed aim remanded with di
rections. Oldham, C.
Where tho owner of two contiguous lots
of land conveys one of such lots to A,
and subsequently conveys the other to B,
held: That in a contest between A and
B concerning the boundary line between
the lots, A cannot for the purpose of es
tablishing title by adverse possession
against B tack his own possession to that
ot the common grantor.
13739. Furey against Holmes. Affirmed.
Letton, C. '
1. Where an affidavit In a proceeding to
revive a Judgment allege the existence of
the Judgment, the fact that it Is unpaid
and that it has become dormant, these
allegations are sufficient to Justify the ols
trict court in muklng a conditional order
of revivor and upon proper service and
default to sustain an order making ithe re
vivor absolute.
2. The five years' lapse of time from
the rendition of a Judgment or the Issuance
of an execution thereon to the time that
a Judgment becomes dormant, only raises
the presumption . of payment thereof und
does not deprive the Judgment of all vital
ity. Wriaht aaalnst Sweet. 10 Neb.. 1BU.
3. In this case the fact that the trans
cript of a Judgment In Justice court was
mod in tne omce 01 tne ciera 01 tne ais
trlct court after the Judgment had become
dormant did not prevent the district oourt
from acquiring Jurisdiction of proceedings
to revive the Judgment. i
13740. Nolde against Gray. Error, Clay,
Reversed. Oldham, C.
1. In an action by a vendee to reoover
damages for breach of contract to con
vey land, the measure of damages Is the
difference between the price agreed to be
paid an the value, of tne land when the
breach occurred with interest.
2. To recovr such a measure of dam
ages the vendee must either be evicted
from the premises or' rescind his contract,
because of the failure or Inability' of the
vendor to perform, and thus place the
vendor In statu quo.
3. Kvldence examined and held: Not
sufficient to sustain the Judgment of the
trial court.
1398. Wheeler ngalnst State, ex rel.
Clement. Error, Cas. Reversed and dis
missed. Ames, C.
1. Statutory amendment and repeal by
Implication being expressly forbidden by
ths constitution are not favored by the
courts.
t. An act of the legislature can deal
with no subject not clearly expressed In Its
title, hence an set to provide, ror "in
eorporjitlon, government, regulation, duties
and powers" of a certain class of cities
can contain no valid enactment relative
to the powers or duties of a county offi
cer. S. Section tfl of Chapter xlx of the Ses
sion Law of 19nl s void.
13724, Patterson arslnst First National
bank. Error, from Ftlchardaon. Reversed
and remanded. Letton. C.
1. Where a petition Is for money hsd snd
received, the answer pleads payment by
check, and the reply alleges facts nega
tiving and disputing the payment aliased
In the anawer. the reply la not Inconsistent
with the petition and It Is error to strike
out Ita allegations. But where proof ia ad
mitted of the allegations stricken from the
renly In error Is without prejudice.
2. Where a check for ?1H0 waa drawn
by a depositor In a bnnk upon h'-r deposit,
payable to the same nanK or oraer, its in
dorsement by the hank and return to the
drawer a naM Is nrl"in f"le evidence of
the receipt by the Iwnk of the amount evi
denced by the check. It Is not conclusive,
but It onen to explanation or denial.
t. Where a depositor draw a check upon
a gem-rnl deposit In bank, payable to
the bank or order, the purpose belns as
the depositor claims to change a rneral
deposit subject to check Into a time deposit
In the same bank, and the check Is returned
Indorsed paid and the bank seeks to avoid
liability by a plea of payment the burden
of proof Is upon ths bank to show that tUs ,
amount of the check was paid at ths de
positor's request to a third party.
4. Evidence offered as to other transac
tions held properly rejected as res inter
alios acta.
6. Where the hand to pay Is also the hand
to receive payment may bo made by a
transfer of credits upon ths books of a
bank.
ti. Where a depositor claims that a check
for $460, payable to the First National bank,
was given by her to the same bank for the
purpose of chunglng her general deposit
therein into a tlmo deposit, and the only
controversy whether or not a certain "time
check," signed by the president of tha bank
by his Individual name alone was fraudu
lently delivered to her in exchange for the
check Instead of a certllloate of deposit, or
whether the check wus paid, the money
InunAil hv hfvr in the ttarik nresiilent liull
vldually, and the "time check" given by
him aa evidence of his own debt, It Is error
to Instruct the Jury that before the plain
tiff can recover she must prove "not only
inui ma twv eiieciv was iinnuuiriiLi iiiu-
cured from her, but that the time checks
given her were fraudulent," since the plain
tiff dons not claim there was fraud In pro
curing the check.
14027. State ex rel. World Publishing
company against Fink. Error from Doug
las. Affirmed at costs of respondent.
Ames, ('.
After a petition for the foreclosure
of tax liens pursuant to an act of V.3 en
titled "An act to enforce the payment and
collection of delinquent tuxes and special
assessments on real property," has been
filed In' the office of the clerk of the dis
trict court, and the county treasurer has
published the required notice in a suitable
newspaper, he will not be compelled by
mandamus to republish the same on the
sole ground that such newspaper was not
designated for ths publication by th proper
oniciai aumomy.
14114. Henry Kook against State. Error
from Cuming. Proceedings In error dis
missed. Barnes, J.
The supreme court has no Jurisdiction
to revise the proceedings and final judg
ment of the district court In a criminal case
unless proceedings In error are Instituted
therein within six months after the rendi
tion of such Judgment.
13723. State of Nebraska against Oower.
Error from Thurston. Affirmed. Ames, C.
1. Whether an information In quo war
ranto lien against a county Judge who, .
under color of his office, has usurped pub
lic functions and powers In excess of tha
Jurisdiction conferred upon him by law, is
adverted to but not decided.
I, When a county Judge dies pending a
riroceedlng against him in the nature of as
nformatlon In quo warranto for the al
leged uaurpatlon of functlona and powers
In excess of the Jurisdiction conferred upon
him by law, his successor In office cannot
upon motion of the relator be substituted
as respondent In his stead after thu cause
has proceeded to Judgment In the dlstrlot
court, and while It is pending her on peu
tion In error.
MS)?
or the Baby
AH goes well when tho baby
is well. Keen the baby well by
riving him Mellin'e Food, It wlU
nourish him, make htm grow strong
and keep him happy. Wo are sure
of It try it. Ask the mothers of
Mellln's rood children. Send for our
free book about Mellln's Food,
p.lllaWMa Is tk OJHIT tsfsata
feed, which, received the Creed Prise,
the hWbeat sward f the Leiilnfaa turm
cheae taseaUUs. St. tenis. IV04. HiSae
r loaa a geld ssedal.
MKLLlN's roOD CO,, POO TON, MAM,