THE OMAHA DAILY BEE: MONDAY. MAKCH U7, 1903.
V
STREET CAR CREW 11ELD UP
Jabbers ETldontlj Belong to the Anti-
Corporation Ftctioi.
TAKE NOTHING BUT COMPANY MONEY
.After Seeartna- the C'aah )Hs Dlaao
pet r mmt Police Have Brra rat
able to) eere m Trace of
Then t p to the Presest.
When the street car on tha Docge street
line reached Thirtieth and Bristol streets
last night at 12:30 o'clock two men, with
m&Kka and with revolvera, surprised Con-dis-tor
D. A. Hood and demanded hla
money. With uplifted hand Hood wi
conr.p'-lled to stand and let the men rellere
hirn of all the cash he had In hla pockets
arid also a revolver.
"Have you any money of your own?"
linked one of the men.
"A little of It swlongs to me," he replied;
$2.75."
We want only the company's money,"
the man Mid, and he handed the conductor
the amount he claimed aa hla own.
One of the masked men then examined
the revolver, and removing all the car
tridges s.ild:
"I guess that gun Isn't very dangerous
now, ao you can keep It, too,"
Apparently no attention waa paid to the
motorman. There were no passengers on
the car.
Keeping t lie. car men on the anxious seat
by threats of what they -would do If any
attempt was made to move until told It
would bo all right, the masked men de
liberately backed off Into the darkness and
disappeared.
As speedily as possible the car waa run.
back to the barn and word Bent to Vjo
police station with as good a descrlpnn
of the robbers aa the car men could ve.
The whole altalr occupied only a few -minutes
and the conductor was so feuey doing
what he waa told to do that he wife unablo
to give anything but a vary gereral de
scription of the men. Their fMrgulse and
masks prevented an accurate, description,
excepting that of height ard general size
of the men.
petective Pattullo and 'Lf.ncer Pan Bald-
in promptly went to scene of the rob-
i .rv and endeavored ret some trace of
ihe highwaymen. hi .t no trace of them
-...lid be found. Thry had a good start and
evidently had thi whole affair carefully
planned.
EDWARDS ATTENDED THE BABY
Salt
J
C the. I nlnn De
J Strain
v
Man Mas a Good Time
pot with .
Kid.
In H John Edwards' years of life In Salt
LaJre City he never had an experience with
baAles which can be compared to the one
fjc met yesterday in Omaha. In future he
(will not engage to enre for strange Infants
while the mothers leave for a short time.
As a result of Sunday's adventure he
missed hla train, causing him to remain ono
day longer away from hla own babies In
T'tah, and narrowly en taped a beating at
the lianda of an irate father.
Mr. Edwards had been to Indianapolis
nd was on his return home. While he was
, waiting at the Vnlon station for the Union
Pacific train west he noticed a woman
walking back and forth with a fretful child
in her arms. Ill sympathy went out to
her and he endeavored to help her by di
verting the attention of the baby to a big
red apple which he produced from his suit
oh se. The young one ceased crying and a
lew min'iitos later 'tit.' fed wards had almost
forgotten the incident. But the woman
had not. His fatherly appearance had evi
dently won hor confidence. She approached
him and said:
"Won't you be kind enough to take the
baby for a few minutes? I'll come right
back."
The secret of Mr. Edwards' tribulation
waa that he took the baby. It was ten
minutes yet until time for his train to go.
He. dandled the little one' on his knee for
five minutes and the mother did not appear,
lle walked the floor of the waiting room for
three, minutes more and she did not come.
If Another minute passed by and he was be-
V coming anxious. He looked around, but
cor.ld see no person whom he would trust
w'.th the baby. The seconds ticked away.
All at once Edwards awoke to the reallxa
s tlon that his train was In motion. Ho
dropped the child on a seat, seized hla suit
case and ran frantically out of the depot
and acrosa the platform. People laughed
II STRICTCONFIDENCE.
Women Obtain Mrs. ' Pinkham'i
Advice and Help.
She Baa Gnlded Thousands t Health.
How Ljdia K. Flnkhasa's Vegetable Com
ponad Cured Mrs. Fred Saydsl.
7
It la a great
satisfaction lor a
woman to feel that
she can writ to
another telling her
the moat private
and confidential
detail about her
illness, and know
that her letter will
be seen by a wo
man only, a wo
man full of sym
pathy for her
tick stater, and
above all. a woman who has had
more experience In treating female Ills
than any living1 person.
Over one hundred thousand eases of
female diseases come before Mrs. Pink
ham every year, some personally,
others by mail, and this has been go
ing on for twenty years, day after day.
Surely women are wise in seeking
advice from a "woman of such experi
ence, especially when it is absolutely
free.
Mrs. Pinkham never violates the con
fidence of women, and every testimo
nial letter published is done so with
the written oonsent or request of the -writer,
in order that other sick women
may be benefited as they have been.
Mrs. Fred Sevdel. of 413 North 54th
'Street, West Philadelphia, Pa., writes:
Pear Mrs. Pinkham :
"Over a year ago I wrote you a letter asking
advice, aa I had femals Ula and could not
carry a child to maturity. I received your
kind letter of instructions and followed your
advice. I am not only a well woman in con
sequence, but have a beautiful baby glrL I
wish every suffering woman in the land would
write you for advice, as you have done so
much for me." -
Just as surely as Mrs. Seydel was
cured, will Lydia K. Pink ham's
Vegetable Compound , cure every
woman suffering from any form of
female Ills.
No other medicine in all the world
has such a record of cures of female
troubles as has Lydia E. Pinkham's
Vegetable Compound. Therefore no
prudent woman will accept any substi
tute which a druggist mar offer.
If you are sick, write Mrs. Pinkham,
Lynn. Mass', for special advice. It la
tro and alwsys helpful.
to see him tear down the track after the
receding cars.
He came back and took the baby on his
knee, jerking It savagely. It began to cry
again and Edwards tossed it up and down
at a great rate.
All at once he was confronted by a mus
cular, black bearded man, who seized the
baby from his hands and cast at him a
look of anger.
"What right have you to abuse this
child?" roared the stranger. "Is It yours?
Well, I guess not. For one small copper
penny I'd beat your face completely Into
the back of your neck."
Edwards slunk away. He sent a tele
gram to bis -wife and walked slowly up
town.
OMAHA CURFEW NOT THE ONLY
Mexico Haa a Similar Custom with
4nlte m Difference Retweea Ob.
servance There and Here.
"The curfew wMl catch you If you don't
watch out," were words weighted with
throbs of fear for youngsters when first
the curfew whistle shattered the atmos
phere In Omaha. Time has dulled the scare
and familiarity bred indifference to the
screaming signal of youthful bedtime. They
do things differently In some Mexlran
towns. Curfew means what the law says
for young and old.
A correspondent of Leslie's Weekly, trav
eling In Mexico, humped against the cur
few law in one town and tells what hap
pened. "And now," he writes, "for the
story of tlit queerest town of all, a town
where the, curfew Is still rung every night,
something probably now unknown In any
other town In the western hemisphere save
Port Au Trincc, the capital of the Wesi
Inr'.mn republic of Haytl. Not a baker's
dzen of tourists have 'done' the region
through which wo have Just passed in tha
last dozen years. I venture to believe,
therefore, that not one person In a million
in the United States knows of the little
Mexican town where everybody who ven
tures from his doorstep after 10 o'clock
at night Is arrested. Yet there Is such a
town. It is called Santa Maria and In
Santa Maria two of our party the doctor
and myself were arrested and put In Jail.
"By Mexican standards, Santa Maria is
a full-fledged modern city. From an Amer
ican viewpoint It is a medieval kind of
place a relic of feudalism, where the boss
of the town Is lord of nil the peons for
miles around. It has an alcalde, or mayor
and that mayor Is a sort of czar over the
whole country. One of his predecessors,
decades ago, established the custom of
ringing the curfew every night at 10
o'clock. This custom tho present mayor
maintains not only as to the mere ringing,
but also as to the enforcement of tho letter
of the curfew law. And woe to the peon
or stranger who Is caught abroad after 10."
CIGAR CLIPPER WORKS WELL
Inquisitive Woman ioses End of One
Finger Through Investigating
Machinery.
A young colored woman named Sallle
Catrell of 1009 Capitol avenue, while In a
drug More, on Douglas street yesterday,
became Interested In a cigar cutter on the
show case, and to learn how the machine
worked, pressed one of her Angers Into
orm of the holes. She drew the finger
out with an accompaniment of screams.
The point of the finger was cut off as
neatly as if it had been a cigar. The
wound was dressed in the drug store and
she started to go home, but fainted on the
sidewalk. The patrol wagon was called
and the woman was taken to the station,
where Police Surgeon Kennedy, after con
siderable trouble In quieting his patient
on account of an attack of hysterics,
dressed the wound, after w.hich she was
able to go home.
Announcements of the Theaters.
The determination of the Conried Metro
politan Opera company to give Omaha a
season of opera fully as complete in every
way aa the original production In New
York City has led them to a very heavy
extra outlay in Omaha, as they have con
structed the stage at the Auditorium and
fitted it out completely at their own ex
pense. It Is now up to the people of
Omaha, as a mark of appreciation of this
generous purpose, to reciprocate by a heavy
attendance on Wednesday and Thursday
next.
One of Shakespeare's greatest plays, a
melodrama and a masterpiece of tragic
composition is "Macbeth." t holds a
fascinating Interest for Its intensity of ac
tion as well as for its sublime poetry and
the peculiar air of the supernatural that
prevails through it all. No other piece
has enlisted' greater attention on the part
of players than this. It will be offered at
the Boyd theater this evening for a single
performance by a company at the head of
which is John Orifllth. Miss Louise Ripley
is the Lady Macbeth of the cast. The sup
porting" company Is said to be large and
competent, while the management has laid
particular stress on the scenic equipment of
the piece, and promises some genuine sen
sations in the way of the spectacular.
Mystery About Injuries.
Barney Haley, a well known character
In police clrcleB, was found at 9:15 o'clock
last night on the Union Pacific tracks
about fifty feet wept of Fourteenth street.
The men who found him notified a watch
man near that point and left without giv
ing their names or much description of
the circumstances. Hulev had a number
of very severe scalp and other wounds,
all of which, the police think, could have
been caused by a fall. Haley could give
no connected account of what had hap
pened aa he had been drinking consider
ably. I His wounds were dressed by Police
Surgeon Kennedy and Haley was tuken
care of at the police station.
Deserter Captured.
John L. Tilt, who was reported from Fort
Crook as a deserter from Company , Thir
tieth United States Infantry, while on duty
at the Omaha reservation, was arrevled
last evening by Officer Crowe. After his
arrest Lilt gave the name of John A. Den
nlson. but after examination proved he was
the right man Lilt -admitted his name and
that he was a deserter. His parents live
at Fork River. Manitoba. Lilt deserted
May i, 1904. and manuged to keep safely
out of trouble until Tils affection for a
woman In the red light district In this city
drew him back. He will be returned to
the military authorities at Fort Crook.
Condemn I naeatlaa- of Adams.
DENVER. March 28 The Denver Trades
and Labor assembly today voted down a
resolution setting April 30 aa a day on
which organised labor throughout the
state should assemble at tho state capltol
and demand the resignation of Governor
McDonald In favor of the "rlrhtfullv
elected Governor Alva Adams." A reso
lution ronoemning the action of the gen
eral assembly In unseating Adams waa
adopted.
Albert Still In Asylum.
A letter to The Res from Hans Albert,
the well known violinist, denies the rumor
In circulation that he had been paroled
from the asylum at Lincoln, where he la
now confined, but declares for the infor
mation of his friends that he expects to be
at liberty again In a few weeks,
LOCAL BREVITIES.
John A. Dennlson of Chicago was ar
rested yesterday by Officer Crowe and
booked aa a deserter.
The Woman's Alliance of Unity church
will give a dancing party at Metropolitan
hall on Friday evening, March 81.
Thieves entered the barn of Simeon Ro
nueek, :n.2 Farnam street, Saturday night
and stole a set of harness.
Oeorgt Nixon. l South Ninth street,
was thoughtless enough to shoot pigeons
inside the city limits Sunday afternoon
and landed in Jail.
Rev. Alexander Corkey. a native of Ire
land, will lecture at Immanuel ltapilrtt
church. Twenty-fourth and Kinney streets,
on Tuesday evtning on "Ireland,"
AFFAIRS AT SOUTH OMAHA
Council Meeting This Eveniig Will Be a
Host Important One.
MISSOURI AVENUE PAVING TO BE ORDERED
Start Will De Made on One Bis; Public
Improvement and Many Other
' Matters Will De Given
Attention.
This evening the city council will meet and
pass the Missouri avenue paving ordinance.
This ordinance will have been published
two weeks and will be passed JusT as soon
as the clerk reads It the third time. This
ordinance provides that the street Is to be
paved from Thirteenth street to Twenty
fourth street with vitrified paving block,
laid on a concrete base., Under this ordi
nance two-thirds of the cost of this Im
provement will be paid by the city at large
and the balance by the abutting property
owners. As soon as the ordinance is signed
by the mayor the city clerk will be directed
to advertise for bids for the paving and
grading. The curbing contract has already
been let. When let the contract will call
for the completion of the work In ninety
days and It Is thought that if work cin
start soon after April 1 that this can be
accomplished.
Mayor Koutsky will send In names of vot
ers to All vacancies on the Registration
board, which meets on Saturday of this
week for a revision of the rrglstration. Ar
rangements are now all completed for the
election to be held on April 4. Three mem
bers of the Board of Education are to be
chosen and the park and city hall bond
proposition Is to be submitted to the vot
ers. There Is a possibility that the council
may permit the voters to suggest a prefer
ence for a site for a city hall building, but
such a selection would be no ways binding
on the council. So little interest is mani
fest In the bond propositions that it Is fig
ured that the vote on these propositions
will be light.
Judges and clerks of election will be re
quired to fill out forms giving the total vote
on School board candidates and the vote
on the bond proposition as soon as the bal
lots are counted and to get these returns
to the office of the city clerk Immediately
after the total Is known. By doing this
the people will be given the returns before
midnight.
Knale Lodge Club Rooms.
Aerie No. 154, Fraternal Order of Eagles,
will establish club rooms at the Eagles'
hall, Twenty-sixth and N streets, about
May 1. This was decided at a committee
meeting held yesterday. Four room on the
second floor of the Hunt block, where the
lodge has headquarters, have been rented.
There Is to be a parlor, reading roonr buffet
and bath rooms. According to estimates
made the furnishings of these rooms will
cost nbout $870. Decorntors will start to
work shortly after April 1 and the rooms
will be decorated and furnl.hed nicely. WI1
llnm Wright will most likely be chosen as
steward and he will have an assistant and
a porter. It Is thought that It will take
at least a month to fix the rooms for oc
cupancy. .The South Omaha aerie now has
600 members and there Is quite a large bal
ance In the treasury. The club rooms will
be used by members only.
neo-ntnr Snrlnsr Vacation.
All classes In the public schools will have
one week's vacation, commencing today,
with the exception of the high school. Thin
la tho time for the regular spring vacation.
Owing to the high school moving to Its new
building the high school was given a vaca
tion a couple of weeks ago. The vacation
at this time will enable a number of teach
ers and principals to attend the nineteenth
annual meeting of the North Nebraska
Teachers' association, which Is to be held
at Norfolk, Neb., on Wednesday, Thurs
day and Friday of this week. J. A. Mc
Lean, superintendent of schools here, Is
president of the association. The schools
will close on June 2 for the summer vaca
tion. nrprlse Waa Complete.
Members of the Lotos club gave a sur
prise party to .Mr. and Mrs. H. C. Richmond
at their home on North Twenty-fourth
street Saturday evening. The Lotos mem
bers came In a body, accompanied by an
express wagon laden with chairs, tables
and well filled baskets. Then they took
possession and played "500" until a late
hour, concluding with the presentation of
an elegant rocking chair and center table,
the acknowledgement of which was made
by Mr. Richmond In a felicitous speech.
The visitors were Messrs. -and Mesdames
John M. Tanner, E. D. Munshaw, C. A.
Melchor, H. D. Moseley, W. S. King, H. El
Tagg, W. W. Fisher, J. A. Cavers, J. G.
Kelly, Dr. and Mrs. E. L. Delanney, Miss
Parkhurst and Dr. Marcus King.
Magic City Gossip.
Robert B. Montgomery was reported to
be some better yesterday.
Fred H. Meyers of Chamberlain, 8. D., Is
here visiting Colonel J. G. Martin and
others for a few daya.
O. I.. Reeman, with the Rock Island road
at Des Moines. Is spending a two weeks'
vacation here with friends.
The Misses Grace and Ethel Dobba have
returned to their home at Suit Lake City,
after spending a month with friends here.
The republicans will hold a big rally at
Workman temple on Tuesday night. Can
didates for the Board of Education will
speak.
L. L. Rushing, a prominent stockman
locnted at Rawlins, Wyo.. left for home
yesterday alter visiting friends for a few
days here.
Washakie tribe No. 39, Improved Order of
Red Men, will meet Monuuy evening at
Masonic hall for the transaction of some
Important business.
Fred Garlow came down from Elm Creek
A DANGEROUS HABIT
Gladstone's Physician GlTea Warning;
Against a (ironing American Cus
tom. The growing habit amongst Americans
of taking a mint tablet or some other so
called digestive after eating a hearty meal,
U something that Sir Andrew Clarke, Mr.
Gladstone's physlclun, advises strongly
against, saying: "It is absolutely danger
ous to take into the stomach remedies
which are popularly supposed to old In the
digestion of food." ,
There is nothing known to the science of
medicine that can perform the work of
the human stomach. Drugs do not and
cannot digest the food. They simply de
compose it. What can be more revolting
or disgusting than the thought of taking
something into the stomuch that is going
to turn the good food you have eaten into
a mass of corruption.
The only wuy to overcome Indigestion
and Its evil effects Is to remove all irrita
tion, congestion and inflammation from the
stomach, liver and intestines, and Ml-o-na
is the only agent known that will do this.
When a Ml-o-na tablet is taken before
each meal every trace of Irritation and In
flammation is removed from the stomach
and digestive system, and thoae organs
will extract from the food all that goes
to make good, rich blood, firm muscle,
ats&dy nerves and a sound, healthy body.
If you suffer with headaches. Indigestion,
flatulency, spots before the eyes, vertigo,
or dlzslneVi, palpitation of the heart,
sleeplessness, or any stomach trouble, get
a Itfty-ccnt box of Ml-o-im, from Bhermau
& McConnell, one of our most reliable
drug linns, whose faith in the remedy is
shown by their offer to return the money
if Ml-o-na dues nut give complete satis-taction.
yesterday with three cars of sheep. Mr.
Oarlow Is well known In South Omaha,
having resided here for a number of years.
The police are still looking for Rlrd Lell,
colored, who is supposed to have fired the
shot that broke bones In one of Ed Webb's
lees at a dance on N street Saturday night.
Frank U. HHgln. who has served an a
mall carrier here for alioiit four years, has
tendered his resignation to I'ost master
Fiter. Mr. Hagln proposes gojng Into busi
ness at Ansley, Neb.
Rev. M. Carlson of Stromsburg and Rev.
R. Ofback of Rristow, Neb., will hold
evangelistic services at the Swedish Bap
tist church; Twenty-second and K streets,
every evening this week.
M. Takryama, a Japanese employed at
Cudahy's. was arrested yesterday after
noon for shooting Inside the city limits.
The Jap was shooting at a mark at For
tieth and L streets wnen gathered In by a
policeman.
DR. R. V. PIEKCK IS VINDICATED.
Maa-aalne Publishers Acknowledge
Their Inability to Substan
tiate (barges.
Dr. R. V. Pierce of Buffalo, whose
"Golden Medical Discovery" and "Favorite
Prescription" have established themselves
jn the patent medicine field ns remedies
of extraordinary merit, has every reason
to feel highly elated over the outcome of
his suit for .xKi,0G0 damages iigainst a well
known periodical. This publication de
clared in a recent lsue that Dr. Pierce's
remedies were not all of what they were
represented to be. Now that the doctor
has brought this siat for damages, the
publication haa come out with an article
in which the publishers acknowledge that
they had absolutely no proof of their
statements.
PRETTY COMPLIMENT.
Comley's "History of New York State"
hus this to say of Dr. Plercei
"Every nation owea everything that dis
tinguishes It as an Individual nation to the
few men who have had the couruge to step
beyond the boundaries prescribed by pro
fessional tradition or social custom.
"Of this class of men the medlcul pro
fession hus furnished a distinguished ex
ample In the successful and Justly cele
brated physician, Dr. R. V. Pierce of
Buffalo, N. Y., and any history treating
of the Industries of the Empire state would
be Incomplete without a sketch of hla
earnest and useful work.
"That his success is real Is evidenced by
the fact that his reputation, as a man and
physician, does not deteriorate; and the
fact that there is a steadily Increasing de
maud for his medicines proves that they
are not nostrums, but reliable remedies for
disease."
BUSY INSTITUTION.
Dr. Pierce has a large laboratory in
Buffalo and a hospital for the treatment
of various ailments. The place is full at
all times, and treatment Is given by the
best of graduated specialists. The doctor
Is not only one of the principal manu
facturers of patent medicines in the coun
try, but he Is one of the greatest ad
vertisers. He knows that to deal prop
ertly with the public It is necessary to let
the public know you have something that
Is needed.
Human nature Is very contradictory. A
merchant advertises his business, and It Is
all right. He has 1 silks he Is selling fur
64 cents; but if a doctor undertakes to tell
the public that he has a new remedy for a
particular aliment he Is frowned upon by
the other doctors. When a man has some
thing he knows is good he can't expect
to sell It unless he lets the public know
about It, too. Fake advertisements carry
a business for a shc-t time only. Lincoln
was right when he said: "You could not
fool all the people all the time." A busi
ness which, like Dr. Pierce's, has stood the
test for 40 years, could not have been built
u; on fuke advertisements.
A. O I'. W. Xotlce.
Members of 159 and all members of the
A. O. U. W. are Invited to attend a
smoker given by North Ohiaha lodge No.
169 at the temple, 110 North 14th street,
Wednesday evening, March 29. Grand lodge
officers and other noted members will be
present. W. II. KELLOGG,
F. M. M CULLOUGH, M. W.
Recorder.
SUPREME COURT SYLLABI
131578. Schwingle against Anthes. Appeal
from Clay. Motion tor rehearing overiuled.
Per curiam.
13390. early 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 eftectuated.
Holeomb, C. J.
1. In an Interlocutory order entered on a
former appeal of this case considered and
held not to be res Judicata as to the lighu
of tho parties to redeem land from a decree
rendered in the action and sale made ill
pursuance thereof so as to become the law
of the case.
2. The statutory right of redemption from
sale differs essentially from the equity of
redemption proper, it la usuully self-executing
and to enjoy the benefit thereof no pro
ceedings are ordinarily required to be had
in the courts 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 tne 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 tho statutory right of redemp
tion from a decree and a sale of real es
tate made in pursuance thereof.
13US8. Jandt against County of Sioux. Er
ror from Sioux. Affirmed. Letton, C.
Certain live stock In herds was re
moved on the 7th day of April from Sioux
county, in which It had been situated for
three years and where It was legally liable
to be listed end assessed for taxation, to
Box Butte county, In which It was listed
and assessed improperly. The owner paid
the taxes In Box Butte county. Held, that
these facts do not relieve mm ironi paying
the tax properly and legally assessed in
Sioux county.
13719. Roberts against Lemont. Appeal
from Madison. Reversed and remanded.
Oldham, C. ....
1. A valid agreement In restraint of trade
m.mt ho ualnhlishpd bv Cleat' H1VI PItlS-
factory proof to warrant a court In restrain
ing Its oreacn Dy injunction.
2. In determining the validity of a con
tract In restraint of trade, the test Is
whether the restraint is only such as is
necessury to atturd a fair protection to the
Interests of the party In whose favor it is
given, and not so much to Interfere with
the interest of the public.
a. A coutruct in restraint of trade, which
Is not limited either in time or space, is
against public policy and void.
13il. Loomer against Loomer. Appeal
from Dawes. Affirmed. Ames, C.
L 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 affirmed.
13733. 6luyter against Schwab. Error,
Clay. Reversed and remanded with di
rections, oionaiu,
Where the 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
of the common grantor.
1S739. Furey against Holmes. Affirmed.
Letton, C. ,,
1. Where an affidavit in a proceeding to
revive a Judgment alleges the existence of
the Judgment, the fact that It la unpaid
and that it haa become dormant, these
allegations are sufficient to Justify the dis
trict court In making a conditional order
of revivor and upon proper service and
default to sustain an order making the re
vivor absolute.
I. 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 and
does not deprive the Judgment of all vital
ity. Wright against Sweet, 10 Neb., lfo-
1. In this case the fact that the trans
cript of a Judgment In Justice court was
filed In the office of the clerk of the dis
trict rourt after the Judgment had become
dormant did not prevent the distric t court
from acquiring Jurisdiction of proceedings
to revive the Judgment.
137,0. Nolde against Gray. Error, Clay,
Reversed. Oldham, C.
1. In an action by a vendee to recover
damages for breach of contract to con
vey land, the measure of damages la the
dlffereuce between the pries agreed to be
paid an the value of the land when the
breach occurred with Interest.
2. To recover 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.
J. Evidence examined and held: Not
sufficient to sustain the Judgment of the
trial court.
139S. Wheeler against State, ex rel.
Clement. Error, Caps. Reversed and dis
missed. Ames, C.
1. Statutory amendment and repeal by
Implication being exoressly forbidden by
the constitution are not favored by the
courts.
2. An act of the legislature can deal
with no subject not clearly expressed In Its
title, hence an act to provide for "in
corporation, government, regulation, duties
and powers" of a certain class of cities
ran contain no valid enactment relative
to the powers or duties of a county offi
cer. 3. Section R7 of Chapter xix of the Ses
sion Laws of 1901 Is void.
LTTX Patterson against First National
bank. Error, from Richardson. Reversed
and remanded. Letton, C.
1. Where a petition Is for money had and.
received, the answei pleads payment by
check, and the reply alleges facts nega
tiving and disputing the payment alleged
In the answer, the reply is not inconsistent
with the petition and It Is error to strike
out Its allegations. But where proof Is ad
mitted of the allegations stricken from the
reply In error 1s without prejudice.
2. Where a check for tiirO was drawn
by a depositor In a bank upon her deposit,
payable to the same bank or order. Its In
dorsement by the bank and return to the
drawer as paid. Is prima facie evidence of
the receipt by the hank of the amount evi
denced by the check. It Is not conclusive,
but It Is open to explanation or denial.
S. Wbere a depositor draws a check upon
a general deposit In a bank, payable to
the bank or order, the purpose being as
the depositor claims to fhange a general
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 unon the bank to show that the
amount of the chock was paxd at tho 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 be mado by a
transfer of credits upon the books of a
bank.
S. 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 changing her general deposit
therein Into a time deposit, and the only
controversy whether or not a certain "time
check," signed by the president of th bank
by his Individual name alone was fraudu
lently delivered to her In exchange for the
check Instead of a certificate of deposit, or
whether the check was paid, t tie money
loaned by her to the hank president Indi
vidually, and the "time check" given by
him as evidence of his own debt. It Is error
to Instruct the Jury that before the plain
tiff can recover she must prove "not only
that tho $150 check was fraudulently pro
cured from her, but that the time checks
given her were fraudulent," since the plain
tiff docs not claim there waa fraud in pro
curing the check.
140-.7. State ex rel. World Publishing
company against Fink. Error from Doug
las. Affirmed at costs of respondent.
Ames, C.
After a petition for the foreclosure
of tax liens pursuant to an act of 1903 en
titled "An act to enforco the payment and
collection of delinquent taxes and special
assessments on real property," hus been
filed In the office of the clerk of the dls
triet 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 tho publication by the proper
official authority.
14114. Henry Kock 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.
1.17J3. State of Nebraska against Gower.
Error from Thurston. Affirmed. Ames, C.
1. Whether an Information in quo war
ranto lies against f. county Judge who,
under color of his office, haa usurped pub
lic functions and powers in excess of the
Jurisdiction conferred upon him by law. Is
adverted to but not decided.
2. When a county Judge dies pending a
proceeding against him in the nature of an
Information In quo warranto for the al
leged usurpation of functions and powers
In excess of the Jurisdiction conferred upon
him by law, his successor in office cannot
noon motion of the relator be substituted
as respondent in his stead after the cause
has proceeded to Judgment in the district
court, and while It is pending here on peti
tion In error.
1,1108. State ex rel McClay against
Mickey. Original. Writ denied. Holeomb,
C. J.
1. A law cannot be established by the
certificates of the clerical officers of the
senate and house of representatives made
after the adjournment of the legislature
sine die, for the purpose of authenticating
a purported act as one having been duly
passed by the legislative branch of govern
ment. 2. The bill herein considered, not being
authenticated by the signature of the pre
siding officer of either branch of the legis
lature as required by Section 11, Article 3
of the constitution which provides "that
the presiding officer of each house shall
sign In the presence of the house over
which he presides while the same Is In
session and capable of transacting busi
ness, all bids and concurrent resolutions
passed by the legislature" held, not to
have become a law.
13T70. Parrotte against Dryden. Appeal
from Buffalo. Judgment of the district
court modlfltd. Barnes, J.
1. Where the supreme court nas, in a
(DAL
MET
Baking Powder
Tho only high grado
Baking Powder sold at a
moderate price. Corn
plies with the pure food
laws of all states.
Trust TUktog Powders tell for 45 or
90 cents per pound and may bo iUon
tlfted by this exorbitant price
Thoy are a menace to public health,
as food prepared from them con
tains large quantities of Rochelle
salts, a dangorous cathartic drug.
proper proceeding, declared as a matter
of law, that a Judgment of th district
court Is valid and can not be collaterally
attacked, such holding will ordinarily be
treated as the law of the case In all sub
sequent proceedings Involving the deter
mination of that question.
i. A nnai judgment rendered on a de
murrer to a uctitlon In equity to obtain
a new trial In a former suit, is an ef
fectual bar to the prosecution of another
action on the same grounds and between
the name parties for that punose.
. One who obtains a mortgage on real
estate while actions are pending which
necessarily determine the rights of the
mortgagor in the mortgaged premises, with
full knowledge thereof, takes it subject
to the Judgments that may be passed In
such suits, and in case tho mortgagor Is
adjudged to have no interest in the prem
ises he takes nothing by his mortgage.
l.'V92. Carroll against Cunningham. Ap
peal. Custer. Reversed and remanded.
Ames, C.
1. Petition for the dissolution of an al
leged partnership and for an accounting
and settlement of partnership affairs, ex
amined and held to state a cause of
action.
13679. Wead against Omaha. Appeal from
Douglas. Reversed and remanded. Letton,
C.
1. Under the provisions of section 161.
chapter 12a, Compiled Statutes of 19111.
known as "Omnha Charter," a board of
equalization when properly In session with
due notice given acts Judicially and Its ac
tion within Its Jurisdiction Is not open to
collateral attack except for fraud, gross
Injustice or mistake,
2. The provisions of section 164 of the
same chapter, "no court shall entertain
any complaint that a party was authorized
to mnkj and did not make to the city coun
cil slttgig as a board of equalization, nor
any complaint not specified In said notice
fully enough to advise the city of the exact
nature thereof, nor any complaint that does
not go to the ground work, equity and Jus
tice of the tax" do not apply to rases of
"fraud, gross Injustice or mistake."
3. "Gross Injustice" within the meaning
of this clause must be so flagrant and ex
cessive In Its nature as to substantially de
prive a citizen of his property or a part
thereof without due process of law and be
confiscatory.
4. Where proceedings up to the time of
assessment by the board of equalization
are regular and in Its determination tho
board errs In such a manner as to cause an
excessive and unjust apportionment of the
tax upon a particular piece of property
such error as a general rule will not defeat
the whole, tax In equity.
6. If such excesses cannot be determined
by computation and without proof the court
should determine the amount of tax Justly
chargeable against the property as nearly
as practicable from the evidence produced
on the trial and require the payment of the
same ns a condition of granting relief
against the excess.
13H94. Swobe against Marsh. Error from
Douglas. Reversed. Letton, C.
1. The district court has jurisdiction In
proceedings to assign dower,
2. The county court has Jurisdiction to
assign dower only when the right to dower
Is not disputed by the heirs and devisees
or any persons claiming under them or
either of them.
13713. Bngwill against Wrourhton. Error
from Adams. Reversed. Ames. C.
1. Evidence examined and held not to
support the verdict.
18718. McDowell against First National
bank of Sutton. Error from Clay. Judg
ment of the district court modified. Old
ham, C.
1. Where an executor In good faith ex
pends money for court costs and attorneys'
fees In an honest effort to prosecute a
claim In favor of his estate he Is entitled
to recover for such expenses, although his
suit In such behalf may be unsuccessful.
2. But where an executor or administra
tor advances money for court costs and at
torneys' fees for his own benefit or for the
benefit of those whose claims are adverse
to his estate, he cannot recover against
his estate for such advances.
3. Held, that the pleadings in this pro
ceeding are not sufficient to warrant a per
sonal Judgment agtilnst the executor.
13719. First National Bank of Omaha
against Dyo. Error from Cherry. Affirmed.
Ames, C. .
1. It is not error to deny a motion for a
eontlnunnce because of the absence of an
attorney, if the party making the motion la
represented at the trial by other comjitnt
counsel familiar with his case.
2. When tho verdict Is the only one that
the evidence would uphold, the court will
not Inquire with respect to alleged errors
occurring at the trial.
137JO. Karmeis State Bank of Central City
against Yenmy. Error from Merrick. Re
versed. Letton. C.
1. Evidence of collateral fact corrotsira
tlve of the statement of one party with re
spect to the main bwno Is admissible if
confined to such matters as throw light
upon the question. The Jury are entitled to
know all the circumstances surrounding
tho parties with reference to the property
at the time of the transaction in order
that they may Judge which of them Is tell
ing the truth. Blomgren against Anderson,
4i Neb.. 240.
2. A bought elghtv seres of land In M
county from H, giving In payment there
fore $1.80 In money, paying a mortgage or
$118 and conveying a tract of land in C
county. In nn ticllnn for false representa
tions ns to the condition and value of the
lnnd In C county, wherein B testifies that
the land was represented to him to be of
the value of $Si). and taken by him at sucl
value, and A claims that no false repre
sfntatlons were made and that no value
was fixed upon the C county land, It was
error to reject evidence offered to show
that the land In M county was only Worth
$-',iXI ut the time of the transaction, since
this evidence tended In some degree to cor
roborate A's testimony. ....
13722. Lull ngnlnst Tender National
Bank. Error from Thurston. Reversed
with directions. Oldham. C
1. A pleader is not required to anticipate
matters In avoidance of his allegations.
Lnrsen against First National Bank of
Pender, Neb., 92 N. W. Rep., 729, followed
and approved.
13727. Loval Mystic legion against Jones.
Error from Adams. Reversed and action
dismissed. Letton, C.
1. Tho proper registration of a party
wall agreement is constructive notice to nil
purchasers of the real estate affected by
the agreement, and such notice Is as ef
fectual and binding as actual notice.
2. Pnrtv wall agreement construed and
held that It was the Intention of the pnr
tles that the privileges, duties and liabili
ties given and Imposed by the contract
should pass to all persons obtaining title
to either of the lots t'pnn which the wall
stood bv trrnnt from tho original parties.
Held further, that the agreement Itself
operates as an assignment to his grnntee
of the clnlm of the builder of the wall for
compensation for Its use as soon as that
person was designated by his deed.
DIED.
TILLISON Ann Eliza. March 25, aged 77
vears 9 months 24 days.
Funeral services will be held from the
residence of her nn, J. W. Tilllson. 2672
Spsuldirg street, Monday, March 27, at 2:30
p. m. Friends Invited. Interment Qulncy,
111. Deceased was . the widow of the late
General John Tilllson and daughter of for
mer Governor John Wood of Illinois.
CAN FIELD John, aged 67 years fi months
15 days, March 211, 19C6.
Funeral Monday morning at 10 o'clock
from residence, 612 S. 16th at. Interment
Forest Lawn. Friends Invited. . -r
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Attractive Low Rate Lattdseekers' Tickets On April 4th and
18th, the Burlington makes a $15.00 round trip rate to the Black Hills, Northeast Wy
oming, Big Horn Basin, the North Platte Valley and Eastern Colorado.
Keep Ahead of the Movement now taking shape in the Missouri and
Mississippi Valleys "to get hold" of western irrigated lands. Of the seven Governmental
schemes now actually under way for irrigating western areas, one of them reclaims
200,000 acres adjacent to this road in the North Tlatte Valley, the other reclaims
200,000 acres adjacent to this road in the Big Horn Basin. You have this land from
the Government under the Homestead Law aud pay for the water just what it costs
the Government to put it on the land. Th3 cost is divided into ten equal payments, ex
tending over ten years, without interest. The Government work will take from 1 to 3
years in development. In the meantime, well irrigated tracts, under private enterpririe,
may be bought in either locality at approximately $25.00 an acre. Write for special
folder and names of reliable agencies wit'j whom to deal .
Low One-Way Settlers' Rates to the Far West and Northwest,
Including Montana, Washington, Oregon, Puget Sound Country and
California In effect daily until May 15th.
Daily Through Tourist Sleepers to California Those from Omaha
Thursdays and Fridays are personally conducted.
To the Northwest "The Burlington-Northern Pacifio Expresa" is the
joint, through train and time saver to the whole upper Northwest region, in which
Colonists in great numbers are now seeking homes.
All these liberal rate inducements offered by the railroads for the settlement of
the West should arouse interest in the over crowded eastern country.
Write for rates, descriptive matter and information, curefully stating just what
you want to know.
L. W. WAKELEY, General Passenger Agent. 1004 Farnam St., Omaha.
v
