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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (July 1, 1905)
riTE OMATTA DAILY REE: SATURDAY. JULY 1, 1903. According to the "BLACK" R51IU1 yimiL T any man who does not change his HAT, SHIRT, UNDERWEAR, BELT, SOX, SUSPENDERS AND TIE on that glorious day, the Fourth of July it's a cinch that sooner or later he's got to die. Still Selling Genuine Panamas for $2.50 15ILjC 107 South Sixteenth Street, Omaha. OUR LETTED BOX Are We Military Mndf OMAHA, June 80. -To the Editor of The Bee: A letter appearing In a local paper June 29, "Are We Military Mad?" Impels me to comment contrarlly to the writer ot this article signed "Observer." I had a boy among the campers, one of the youngest of the camp, and I am proud to think that he had gilt enough to carry out the requirements and discipline only found In military camps. It takes more than a baby boy (at least in spirit) to sleep on the ground and rough It. I find that to instill a little militarism In a boy Is for his and his country's good. We can recall the utility of military training in our own Thurston Rifles at our late war. I have heard foreign people visiting here laud 'he military conduct of these same citizen sol diers. A little rough fun Is likely to be the con sequence of boys breathing the pure ozone of the open, but the home Influence In well-brought-up children should be enough to prevent the swaying of their minds in any undesirable direction. That no undue ex citement was noticeable when one of the bbys was hurt during some of the camp sport is still more creditable to the lads, I hould say. The excitable class are gener ally the ones that cause the damage at vital moments; ready to harshly criticise when after calm thought they might have seen tho Intent of the officers of the camp, I. e., to make self-reliant, well mentally con trolled and manly boys. I am sure that my son has returned to his home as pure as when he left it, even if the dean does moke. A FATHER. "AS YOU LIKE IT" DOES BETTER FUNERAL OF MRS. STODDARD Impressive Services Conducted ; Rev. John Williams of St. Barnabas Church. by In view of the tragic manner In which Mrs. Dorothy Stoddard met death Wednes day evening the funeral service held Fri day afternoon was particularly impressive. Rev. John Williams, rector of the St. Bar nabas church, read the Episcopal service, the full choir of the church tenderly In voked the blessing of heaven In song, after which the following friends of the Stod- flrl tamtiy bore the body to the funeral car: E. M. Martin, Milton Darling, J. R. Rlngwalt, C. W. Partridge, Warren Swltz ler and Barton Millard. The Interment was at Prespect. Hill cemetery. The out-of-town relatives attending the funeral were: Mrs. C. W. Cully of Chicago, mother of Mrs. Stoddard, and Mrs. Ernest McCord of Keosauqua, la., stepdaughter of the dead woman. Among the many beautiful floral tributes sent were one from the officers of the Na tional Biscuit company, of which Mr. Stod dard Is local manager, and another from the employes of the local factory. Mrs. Stoddard was killed by falling from a buggy near Twenty-second and Howard streets. . The musical part of the funeral service was: Processional, "O Taradlse;" "Jesus, Lover of My Soul;" Del Profundi. Psalm 130, Recessional, "There is a Blessed Home." s. ONLY TWENTY NEW SOLDIERS m,all Somber of Applicants In Jnae Prove Fit for Army Service. The officers at the recruiting station are summarizing the work of their department for the month. They find that, although they have had many applications for en listment, the material has been unusually poor. Out of about 150 applicants only twenty have been admitted to the service, as compared with fifty last month. Out of sixty who passed the moral standard required eight only wore retained by the examining physicians as being able bodied. . The thirty regiments of Infantry are pretty well recruited up. and for this reason the government is much more par ticular than formerly. There are still nine regiments doing duty In the Philippine Islands. Their work Is simple garrison duty, as only in the Island of Mindanao Is there necessity for military rule. The city of Manila has begun to take on a decidedly American appearance. The mineral wealth of the Islands Is being lightly developed and the military men ire hoping for the discovery of large bodies )f -.coal, which they say would bn worth fni nine than he richest gold mines. A LOVELY COMPLEXION New York Lady Proves That Everv Woman May Have It By USING CUTICURA SOAP ' Mrs. R. Rrichenberg, wife of the well-known jeweller of 146 Fulton St., New York, says : I bad a friend who was justly proud of her complexion. When asked what gave her such a brilliant and lovely complexion, she replied, 'A healthy woman can be sure f a fine skin if she will do as I do. se plenty of Cuticurs Soap and Water.' She Insisted that I follow ber example, which I did with speedy con viction. I tnd that Cuticura Soap keeps the skin soft, white, and clear, and prevects redacts and roughsc." Second Open Air Performance Proves More Snrcensfnl Than the First. t The second performance of "As Tou Like It" In Hanseom park last night was as de lightful as could be Imagined. An audience larger if anything than that of the first night was lured to the beautiful natural ampltheater in the south end of the park and thoroughly enjoyed the piece, which was given under the direction of Miss Lil lian Fitch by amateurs of her dramatic school. Beneath the oaks and elms, backed by scenery of shrubs, grasses and vines that no artist could ever hope to equal In delicate color and form, accompanied by the goodnight songs of the birds and with the fireflys darting in and out, Shakes- pear's odd tangle of love, misfortune and tempestuous youth had an lnvesture of charming novelty that made every auditor linger In his seat when Hymen's triumphal work at last was done. Viewed In the light that the actors only now and then don the masks and Invoke the aid of dramatic Are the performance was quite remarkable. Several in the cast, particularly those who bespoke the leading characters, are worthy of more than pass ing notice. Specially pleasing was the Rosalind of Miss Fanny Jayne Dietrich, who in many ways recalls Henrietta Cros man. Her elocution and the easy assump tion of light-hearted, buoyant comedy are admirable. George B. Phelps' Orlando Is one commanding study, forcing a definite spirit of the determined but unsophisticated young man upon the mind; strong not so much In the grace of making love as in characterizing a period in the career of every resolute nature. The Touchstone of George Liggett is one of which a profes sional might not be ashamed, although somewhat marred by defects In phrasing. Miss Enid Valentine was a sweet and en gaging Cella, quite the companion Bister to the more alluring and spirited Rosalind that the author Intended. Those who had the minor parts were not without talent more than sufficient to sustain the pitch of Interest in the comedy. Hal Buckingham, having been called away, Mr. O'Donnell was forced Into the breach at short notice. Though he had to read his lines from the book he did so cleverly and so as to scarcely mar the presentation. In writing the music for the songs, "Un der the Greenwood Tree," and "It Was a Lover and His Lass," Mr. Thomas J. Kelly accomplished something very satisfactory, his labor resulting In two little gems of song exquisitely appropriate. Sung, by Mr. .lessen, the composer's own pupil, the ren dition probably was quite as the latter wished; certainly highly agreeable to the audience. Not a little of the enjoyment of the event was lent by the playing of Miss Allen's string orchestra of thirty pieces. The play was given under the auspices of the Woman's club for the benefit of the public playgrounds. Following was the cast: The Duke Mr. J. Thomas Stringer Duke rrederlck- Mr. Jerome Latsch Amiens .; Mr. Hans C. Jessen ,t"e"; ......Mr. O'Donnell if B ,a.U Mr Stuart Hunter Herald ... ...Mr. Arthur Kennedy First Lord Mr. Stanley Rosewater Second Lord Mr. Harry Montgomery Eustace Mr. Redick ""s Mr. John Redlck Oliver. Mr. Max Rehfeld Jaques de Bols Mr. Carl W eston Orlando Mr. Georgw B. Phelps Adum Mr. Fred Eckstrom i.,.a,rle8 Mr- Eugene Stringer "llllam Mr. Jerome Latsch Touchstone Mr. George Liggett P'""'8 Mr. Fritz Nelson Sylvius Mr. Graydon Fox rl,n-, Mr. Arthur Kennedy Musicians Mr. Murray French, Mr. Leslie Higglns Rosalind Miss Fanny Javne Dietrich fa- Miss Enid Valentine Phoebe Miss Helen Emten Audrey Miss Hazel Claire Brown Assisted by Miss Laura Congdon as Hvmen: at tended by Miss Nathalie " Merrlam, ' Miss Mary McShane, Miss Edith Thomas, Miss Edith Dumont, Miss Elizabeth Field, Miss Mildred Lo max, Miss Fdna Keellne, Miss Bess Hafer, Miss Marlon Cornell, Miss Bessie Brady. M'CARTY KiLLED BY TRAIN Man Thought to Be of Bellevoe Family Loses Life Near Sloax City. SAFE AND NOISELESS FOURTH Omaha to Hire a Celebration Along Sana and Rational Lines. MAYOR M00RES ISSUES A PROCLAMATION Ordinance Prohibiting- 9ale and Ve of Dangerous Explosives and the Like Will lie Strictly Enforced. Information was received at the police station Friday morning to the effect that Tom McCnrty, believed to be one of the McCarty brothers of Bellevue, was killed by a railroad train Thursday night at Westerfleld, near Sioux City. The man is said to have been beating his way on a I ikx car. jesse Mccarty has gone to Sioux vny to laentiry, if possible, his brother. Fatalities Prevented. After an accident, use Eucklen's Arnica Salve. It prevents fatal results. HeaU cuts, burns, sores. 25c. If you have anything to trade, advertise it in the For Exchange column of The Bee want ad page. Sold Llqnor Without License. Deputy United States Marshal Homan re turned from Garrison. Butler county Fri day, having been after William Kennedy, a saloonist. charged with selling liquor with out first securing a government license Kennedy was tnki'n to Lincoln and ar raigned before I'nlted States Commissioner C. O. Murley. He was bound over to the federal grand Jury In the sum of U0. Bids tor t'onutr Printing-. At the meeting ct the Board of County Commissioners Friday morning bids for doing the county prlnUi.g of legals. delin quent tux notices. coMimissloners' proceed lns and treasurer s statement were re ceived from The Bee and the World-Herald. The bid differed In price on some Items and were referred to the committee of the whole for tabulation. AUou will be taken sum day neat week. Omaha is booked for a safo and sane celebration of the Glorious Fourth if there is any virtue In an ordinance prohibiting the sale of dangerous explosives and nolse maklng devices, supported by a proclama tion of the mayor, calling attention to its provisions, and directing the chief of po lice to see that It is properly enforced, People who were In Omaha last year, when the diabolical contraptions for making a noise reached the zenith of Infernal ef flclency and persistent application, will well recall the din and strife that resounded through the city from early on the even ing of the 3d to late on the morning of the 6th. One of the favorite methods was to place blank cartridges by the hundreds along the street railway rails, to be ex ploded by the passing trolley cars. This makes a racket that is only approached by the use of a machine gun. Then the continual fusillade of the double-acting pis tols In the hands of men and boys, rein forced by the toy cannon made to shoot 10-gauge Bhells, with the occasional Inter vention of the shotgun and the roar of the giant dynamite cracker, with the continual popping of tho pesky torpedoes, kept the city In a state of uproar compared to which the bombardment ot Port Arthur was Just a prelude. If the authorities can prevent it, the stranger within Omaha's gates on Tuesday next will have no oc casion to fear for his life, for the day will be one of comparative quiet. Mayor Moorra' Proclamation. Here is the proclamation Issued by the mayor yesterday afternoon: The following ordinance regulating the sale and use of firearms, firecrackers and other explosives in the city of Omaha was passed by the city council on March 14, 1W6, and became a law on March 16, 1900, to-wit: "Be It ordained by the city council of the city of Omaha: "Section 1 It shall be unlawful (except as the same may be necessary for the pub lic or Individual defense and safety, tho carrying on of any business, presentation of any play, theatrical, or stage perform ance, or public spectacle, or exhibition, duly authorized or licensed by the mayor) for any porson, persons, co-partnership, or corporation, to burn, explode or fire off, within the city of Omaha, any firecracker having a length of more than three Inches or a diameter of more than one-half of an Inch, or to burn, explode or Are off any torpedo having a diameter or length of more than one Inch, or to fire off or ex plode any pistol, gun, cannon or ritle. or toy pistol, gun, cannon or ride, excepting only such as are designed to fire flat paper caps. Any person, persons, co-partnerslilp or corporation violating any of the provi sions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be lined in a sum not less than $1 nor more than $25. "Section 2 It is hereby declared unlawful for any porson, persons, co-partnership or corporation to sell, offer for sale or expose for sale within the limits of the city of Omaha (excepting at wholesale for out-of-town trade) any firecrackers having a length of more than three Inches or a diameter of more than one-half of an Inch, or any torpedoes having a diameter or length of more than one inch, or any toy pistol, toy cannon, toy gun or toy rifle designed for firing metal cartridges or powder. Anv person, persons, co-partner ship or corporation violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined In a sum not less than $25 nor more than $200 or be Imprisoned not less than ten days nor more than thirty davs for each and every offense. "Section 4 It shall be unlawful for any person, persons, co-partnership or corpora tion to set or place any torpedoes, caps or explosives of any kind whatsoever upon the rail or track of any steam railway or street car company. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall he fined In a sum not less than $10 nor more than $25. "Section 5 This ordinance shall take ef fect and be In force from and after Its passage." Will Be Rlaldly Enforced. The attention of the citizens of Omaha Is called to the above ordinance, with the In formation that the same will be rigidly en forced. Every year our papers on July 5 are filled with accounts of lives lost, men and chil dren maimed for life by explosions from fireworks, blank cartridges, toy pistols and other dangerous explosives. Let us niHke the year 19(5 an exception so far as Omaha Is concerned. I therefore make proclamation that the discharge of fireworks, firecrackers or other explosives within two squares of any hos pital In the city limits of Omaha Is hereby positively prohibited. The discharge of blank cartridges and guns, pistols, revolvers or other firearms, as well as the use of dynamite canes, is absolutely prohibited under penalty of the aSpeclal attention Is called to section 4 of this ordinance, as to the placing unon the car tracks of any street railway within the city limits any torpedoes, caps, bombs or explosives of sny kind. All bonfires upon any of the streets, al leys or parks In city limits Is hereby pro hibited. , . The sale or gift of toy pistols or metnl caps to children Is prohibited and parents are especially requested to protect their children against the danger resulting from the use of such toy pistols, percussion caps and other dangerous explosives. The police are hereby ordered to be vigi lant and exercise discreet authority In the enforcement of the restrictions of this proc lamation. FRANK E. MOORKS. Mayor. make a few calculations. Then, for ths sum. I thjnk. of 25 guineas, ha Insured ths gentleman In 1,000 agnlnst the advent of twins. This somewhat threadbare tale shows fairly both sides of the game of Insurance. The evident side Is chance. The under writer invited a loss of 97 15s, for which he would have nothing to show. The other side: The point of the story Is that the woman presented her Impecunious husband, with one fine son. The underwriter, deducting, say, 2 as the value of his time and his actuary's, set down a net profit of 24 5s, for which he had advanced nothing but the risk, science. Leslie's Monthly. Insuring; Aernlnst Twins. An English gentleman of limited means had married recently Into a very prolific family. There was prospect of an addi tion to his household. "Twins," reflected the gentleman, "are much more expensive to support than ono child." And he sent his broker to one of Lloyd's underwriters. The underwriter set an actuary to look over vital statistics and SUPREME COURT SYLLABI 1.1574. State Electro Medical Institute against I'latner. Error from Douglas. Re versed and remanded. Sedgwick, J. Barnes, J., dissenting. The contracts of a corporation to fur nish the services of qualified and licensed rihyslclans, members of the corporation or ts agents, for an agreed compensation are not prohibited by the statute nor against public policy and the corporation may re cover In Its corporate name for services of duly qualified and licensed physicians fur nished pursuant to such contracts. 13744. Bankers Union of tho World against Mlxon. Error from Douglas. Re versed and remanded. Sedgwick, J. 1. An untrue representation In an appli cation for Insurance will not vitiate the policy unless it is of such a nature that It might have been an Inducement to Is sue the policy. If it appears from the whole record that the representation could not have been relied upon by the insurer It will be disregarded. 2. It Is competent for the Insured to waive all claim under the policy in case of death resulting from smallpox and to make such waiver binding upon the bene ficiary under the policy by apt words for that purpose expressed In the application. 13714. Farley against McBrlde. Error from Cas. Affirmed. Letton, C. Division No. 1. 1. In the manner In which a public offi cer conducted the duties of his office Is a fa'r subject for comment by the press when he Is a candidate Mr re-election and a newspaper Is Justilled In calling the at tention of the public to illegal charges made by him as a reason why he should not again be chosen. 4. Where a newspaper states In substance that the sheriff of the county who Is a candidate for re-election had obtained from the county a certain sum of money upon a false and "imaginary" account for expense which ho had never Incurred this Is a charge of moral turpitude and dishon esty, and if false, is libelous per se. 18781. Chicago and Northwestern Railway Company against State ex rel. Carr. Er ror from Holt. Reversed and dismissed. Ames. C. Division No. 1. 1. Railway companies, in the absence of statutory provisions limiting and restrict ing their powers, are vested with a very broad discretion in tho matter of locat ing, constructing and operating their rail ways, and In locating, maintaining and discontinuing their freight and passenger stations, and with tho exercise of such discretion the courts will not Interfere ex cept In cases of Its abuse. 2. It Is not an abuse of discretion for a railway company to discontinue, under the circumstances of this case, the employ ment of a station agent at a country place nearly equally distant, and not more than five to seven miles, from three thriving villages where regular railway service Is maintained and where are carried on the mercantile, mechanical and professional businesses usually found in such towns. 13800. Stroemer against VanOrsdel. Error from Gage. Affirmed. Albert, C. Division No. 2. 1. A contract between an attorney and client for services to be rendered by the former Is not necessarily invalid because a part of the services to be rendered is the procurement of legislative action, nor be cause such contract provides for a contin gent fee. Richardson v. Scott's Bluff Co.. 59 Neb., 400, modified. 2 Such contract will he enforced unless It appears that It contemplates the use of un lawful or improper means, or that such means were employed In pursuance thereof to attain the object for which the contract was made. 3. While public policy forbids the en forcement of nn Illegal or Immoral con tract. It Is equally insistent on the enforce ment of contracts which are lawful and contravene none of Its rules. 13R01. Rosenberg against Spreeher. Error from Colfax. Reversed and remanded. Jackson, C. Division No. 2. 1. Where a tenant holds over his term the law presumes a continuation of his original tenancy for another like term, but this pre sumption Is not conclusive. 2. To sustain an action for the use and occupation of real estate the relation of landlord and tenant must exist between the parties by agreement, either express or Im plied. 3. Where a tenant holds over his term the landlord has the option to treat him as a trespasser or as a tenant for a new term, and the exercise of that right by the landlord Is conclusive against him and he cannot Impose new terms upon the tenant without his consent. 4. The Instructions given by the court in this case examined and held not to con form to the Issues and erroneous. 13802. Hnir against Davenport. Appeal from Colfax. Reversed and remanded. Duffle. C. Division No. 2. 1. One who purchases land with the bona tide Intention of making It his home and who clearly manifests the Intention so that those dealing with it or with him re lating to it are put upon notice, may thus Impress it with a homestead character, al though because of some intervening ob struction he does not take Immediate ac tual possession thereof If he occupies It with his family within a reasonable time after the purchase. 2. A, person cannot at the same time have two homesteads nor can he have two places either of which at his election he may clnlm as his homestead. 3. The head of a family who has a home stead cannot acquire a second homestead until the first has been abandoned or con veyed or contracted to be conveyed by an Instrument which our statute recognizes as legal and valid for that purpose. 13S27. City of Omaha against Lewis. Error from Douglas. Affirmed. Jackson, C. Division No. 2. The evidence examined and held suffi cient to Justify the submission of the case to the Jury. 13836. Main against Sherman county. Error. Sherman. Affirmed. Albert C. Division No. 2. One testifying as an expert on a subject requiring special knowledge and skill. In the absence of a special contract, is en titled only to the statutory fee. 13838. West against Lungren. Error, An telope. Affirmed. Oldhan, C. Division No. 1. 1. A tenancy from year to year will be presumed, when a tenant remains In pos session after the expiration of his term, and his tenancy is recognized by the land lord. Crltehneld against Remaicy. 21 Ne braska. 178, followed and approved. 2. This rule Is, however, omy a rule of presumption, and the presumption Is re butted by proof of a different agreement, or of facts Inconsistent with the presump- THE DELIGHT OF A NS. A 5c Cigar TET? PARTICULAR SMOKERS that Suits Everybody ALWAYS AT THE FRONT Sherret Cigar Co. OMAHA M if G H es strength to the weak energy the exhausted. Sup plies nourishment to nerves and blood. Af All Druggists For the well to keep well for the convalescent to get well quick. TBETOIJICYOUMIl 10 to UKU tion. Montgomery against Willis, 45 Ne braska, 435, followed and approved. 13S40. Johnson as-alnst VTnvwnrrt Annanl from HOWard COlint V. ItlirmnH llluirr C, Division No. 2. 1- A Contract Wherehv nnn rwrinn oi. ploys an agent to negotiate for the pur chase of real estate Is not a contract for the creation of an estate or 'Interest In land, or trust or power over or concerning lands, etc., within the meaning of the statute of frauds. 2. Where one employed to act as the agent, for another in the purchase of reul estate becomes the purchaser himself, he will be considered in equity as holding the property in trust for hla principal, ul though he purchased with his own money, subject to reimbursement for his proper ex penditure in that behalf. S-.T'ie maxim "Prior in tme, prior In r ght, applied In a contest between rival claimants under equitable titles to real es tate. 4. Evidence examined and' held sufficient to sustain the findings and decree of the trial court. 13842. Ford against Axelson. Appeal from Gosper county. Reversed and remanded, with Instructions. Ames, C. Division No. 1. 1. If a granter rof quit claim obtains an Instrument that evidences and fortifies tho very estate or Interest which his deed pur ports and was Intended and effectual to convey, such Instrument inures to the ben efit of his grantee. 2. "A purchaser with notice from a prior purchaser who was entitled to protection as a bona ,fide purchaser without notice, Is himself entitled to protection against tho previous equitable claim which was in valid as against his granto-. 'Lake, J . In Garland against Wells, 16 Neb., 2M8. 13845. Anthes against Schroeder. Appeal from Clay county. Affirmed. Albert, C.. Division No. 2. 1. The mere fact that a creditor has been persistent and determined In his efforts to collect his debt, and has resorted to un necessarily expensive and vexatious means to that end, affords no Just ground for de nying him equitable relief In the enforce ment of his debt. 2. Where one by his conduct Induces another to act on the supposition that cer tain conditions exist, he will not bo heard to deny the existence of such conditions where the other would be prejudiced by such denial. 5. Ordinarily a Junior mortgage Is not en titled to be subrogated to a Hen which did not exist when his mortgage was taken. 4. Evidence examined and held to show sufficiently that the lien to which plaintiff seek to be subrogated existed at the time Ills mortgage was taken. 5. The facts disclosed by the record held Insufficient to show that the plaintiff has been guilty of such laches as to deprive htm of his right to be subrogated to a su perior Hen. 13846. Aldiltt against Flelschauer. Appeal rrom Fillmore. Affirmed. Letton, C. Di vision No. 1. 1. An owner of lands must so use his own property as not unnecessarily and negligently to Injure his neighbor. Every proprietor may lawfully Improve his prop erty by doing what Is reasonably necessary for this purpose and unless gulitv of some act of negligence in the manner of Its exe cution will not be answerable to an ad Joining proprietor, although he may thereby cause surface water to flow on the prem ises of the latter to his damage. 2. An owner of land has the right In the Interest of good husbandry to drain ponds or basins thereon of a temporary char acter, and which have no natural outlet or course of flow by discharging the waters thereof by means of an artificial channel Into a natural surface water drain on his own property, and through such drain over the land of another proprietor In the general course of drainage in that loiumy even inougn tne now In such natural darln Is thereby increased over the lower estate, and provided that this ts done In a reasonable and careful manner and wlchout negligence. Davis v. Lond green, 8 Neb., 43, distinguished. 13847. Burleigh against Palmer. Error from Saline. Affirmed. Duffle, C. Division No. 2. 1. An attorney has a lien for his com pensation for professional services and for his disbursements, upon moneys received by him on his client's behalf In the course of his employment, and this right of Hen Is not affected by the fact that the client Is an executor or trustee and the services were rendered and money received on be half of the estate. 2. Where an attorney has filed a Hen for professional services rendered In the case and his client agrees to pay a certain amount In consideration of the release of the Hen and suit Is brought upon such agreement, the question of the amount of services performed by the attorney or the terms of the original employment are Im material and evidence respecting these matters was properly rejected by the court. 13848. Palmer against Sawyer. Appeal from Saline. Affirmed. Oldham, C. Di vision No. 1. 1. In Its Inception, a homestead Is a parcel of land on which the family resides, and which Is to them a home. It is constituted by the two acts of selection and residence In compliance with the terms of the law conferring it. When these things exist bona fide, the essential elements of the homestead right exist, of which the persons entitled to It can not be divested by acts or Influences beyond their volition. Galla gher against Smiley, 28 Neb., 189, followed and approved. 2. A debtor who has acquired a home stead does not lose his right to the exemp tion, where he continues to occupy the property as a home, though, by reason of death and the removal of his family, he has no one living with him. 1S850. Hlett against Hlett. Appeal from Valley county. Affirmed. Ames, C.. Di vision No. 1. A contract between husband and wife made after and in consequence of sever ance of the marital relation and permanent separation, and providing for a division of property ana containing mutual releases of rights and obligations relative thereto, will bo respected by the courts as presumably fair and valid and a Just and equitable ad justment of the matters of which It treats. But the courts will scrutinize such trans actions closely without too much regard for formal rules of pleading and proce dure and see to It that no unconscionable advantage Is taken through fraud or Intim idation 01 even by reason of ignorance, passion or Inprovkrence. 137769. Durkee against Koehler, revived In the names of Osthelmer et al., as Adms. Error, Hall. Reversed and remanded with directions. Duffe, C. Division No. t. 1. Section 4 of the act relating to me chanics and laborer's liens contemplates a Judgment In an action brought thereunder giving the plaintiff the benefit of his lien and a sale of the property therefor. 2. Where the holder of a mechanic's Hen commences an action In equity to foreclose the same, or where he Is made defendant In a chancery proceeding Involving the property against which he holds such lu.n and his lien Is foreclosed In such action, he is entitled to a deficiency judgment against the party liable for the debt, where a sain of the property does not satisfy tha amount of his claim If his petition or cross bill asks such relief. Commercial National band of Omaha against Grant, Nebrank. 103 N. W., 68. 3. In such case the application for a de ficiency Judgment should be made within the time that the statute would bar an action on the note or account which the Hen Is based, counting from the d:ite of confirmation of the sale of the property. Bee Want Ads Produce Results. THIS "STOCK ADVANCES 20 Per Cent JULY If The Uncle Sam Refinery Company now has a quarter ml. lion dollar refinery prac tically completed and paid for and will be opened up for business on July Fourth, when all Souther Kansas and people from all over the L'nlted Slates will assemble In great delegations to dedicate this great Independent enterprise. Parade several miles long, camon's Military Band from Winneld, Sanford's Miliary Band from Wichita and the Cherryvale Band and Drum Corps will furnish the music for the day. Patrick Henry Coney, commander of the Kansas G. A. R., will light the tires under the refinery furnaces In the morn ing. Old soldiers from all over will be lu the line of parade and take part in the ceremony Several nearby army posts will be out In force. Kansas Is doing things, you know. She started a light on oppression and wrong in the 'tJa and she ts still In tha fight for Justice, and the opening of The Uncle Sam Refinery under these circumstances is a guarantee to every Investor In the United States that (heir property will bo protected. Tho Uncle Sum Company now has over twelve hun dred Kansas stockholders and In addition , to this there are over fifteen hundred more J scattered all over the United Stales and Into Canada and Mexico. The stock at the present prices is In great demand. Re mittances ar running as high as four thousand dollars in single day. The com pany has been crowding development from the word go ana Is selling the stock ot the company si pries now that Is a great money maker In fact, without a doubt. It Is the greatest investment offered in America today. STOCK WILL BE ADVANCED 25 PER CENT SEW MONDAY. The hours are numbered that any one can secure stock in the Uncle Sam Company at anywhere near present prices. However, all remittances for stock that are in the mails so that ihey will bear the postoffice mark at their starting place of July id, or before, will be accepted at the following prices; 500 shaies at HO; l.OuO shares at piO; 6,0u0 shares at $4vU; 10,000 shares at )800; or any number of shares over five hundred on the same basis. !NTALI,tiKT UFFEIl GIVES EVERY MAX A CHASCK. To give every man a chance to share the great profits In this refinery and pipe Hue company the following Installment offer will still hold good until Monday night: SuO shares, $5 cash and five monthly payments of 8 each; 1,000 shares, 110 cash und five monthly payments of US each; 6,000 shares, lio cash and five monthly pay ments of $80 each; lO.OuO shares, flOO cash and five monthly payments of 1160 each. Par value of the stock is $1 per share and non-assessable. AssUTS HACK OK THE COM PA XV. Company now owns and controls over seventeen thousand (K.OOOj acres of oil lands, seventy-eight (TS) oil and gas wells, four pimping plants. Has a quarter ef a million dollar refinery jiractlcally com pleted and paid for and will be refining oil in less than five days. Has thousands of barrels of oil in storage and upward of thirty miles of lateral pipe lines connecting three-fourths of the Cherryvale field, lu completing more lines. Has the franchise for a pipe line 178 miles long clear through to the water's front at Kansas City and has a fifty-seven acre sile for refinery num ber two on the banks of the navigable waters. Has fifty-five miles of pipe line now on the roads. Thirty-four miles of this order is now delivered at Plqua, Neosho Falls and Cherryvale and Is paid for. At least ten thousand acres of additional oil lands will be secured and the Kansas City pipe line will be completed and another refinery built. Authorized capitalization of the company Is ten million dollars. The assets back of the company, as slated aboe. on a conservative bums, exclusive of cash In the treasury and over ninety thousand (Vjj,"i) dollars that Is subscribed on gilt-edge Installment con tracts which will all be paid in during the next four months, making all together close to six hundred thousand (J')i ).(" dollars of property. Four million and eight hundred thousand shares of the capital slock, or nearly one-half. Is still In the treasury and will be sold for from 8 to 30 cents per share and the proceeds put Into additional oil lands and pipe lines and refineries. We think on a conservative basis thai any man can safely figure on this Uncle Sam stock Increasing In solid values to 50 cents per share In the next four months. The pipe line to Kansas City will pay for lin.-lf In the saving of freights In eighteen month. There Is from three to five dollars :er barrel profit In lubricating oils. From the Missouri river front we can float this oil unhindered and free to the three great manufacturing centers of the union, and. if need be. to the mouth of the Mississippi i and load It on ocean steamers. We cannot In this small space set forth the u.any strong points of the Uncle Sain company. It Im under ths management of bublnea flght for justice In the oil fields, and you can hank on the proposition being pushed In good faith to grand success. This an nouncement will appear prominently In fifty-two of the leading papers of the United States. Will be read by over ten million people. Decide for yourself whether now is me time to telegraph your order. BETTER TELEGRAPH VOIR ORDERS AMI HAVE t OMPA.W RIGHT DRAFT VOU WITH STOC K ATTACHED. There will oe lots of investors who will concmue io uuy mis stock at the last minute or they may not see the advertise ment until late. To tlieae people we would advise them to telegraph the secretary to send stock with sight drafi attached and the compuny will honor ail orders on sticfi telegrams that bear a date on or before or up to the hour of midnight Monday night, July 1. iiul pul one tiling down In your hat good und strong this stock goes up 25 per cent after midnight July 3. References: The Montgomery Count.' Na tional Bank, the Cherryvale State Bank, the People s National Bank, all of Cherry vale. Company is running drills and bring ing in additional producing wells weekly. Compuny has room on undeveloped oil lands fur over six thousand (ti.oGoi oil and gas wells. Full page announcement have appeared in the lemllng papers of the union during the past three months explaining the company more fully. You can write or wire for mor full particulars, but remem ber the day and hour when the stock ad vances and gel your order In Just as quick as you can. Buy your stock and conio and celebrate on the Fourth. Make checks and dial is or ninny orders to THE UNCLE SAM COMPANY, or II. H. TUCKER, Jr., Secretary. A"dress: H. H. TUCKER. JR., SECRETARY, Cherryvale, Kan. t t