THE OMAHA DAILY I1EE: MONDAY, JULY 31, 190o.
felpbor) CO.
A i State meat
There bus been a great deal said la the papers lntely about early closing.
,TV wish to state our views Id this paid ad as we feel the public is Interested In
this early rinsing movement. We were solicited recently by a committee to sign
for closing at B o'clock every evening, excepting Saturday, and to keep open on
that evening until 10 o'clock.
We did not sign for the following reasons:
, We are the pioneers In the early cloning movement. July 1st, 1810, we
beran by closing onr store every Saturday at rt oYlook, and two years later, July,
1001, we announced that we would close every Saturday during July and August
at 1 o'clock and during the other months, Saturdays at 6 o'clock. It Is still In
fore.
To have signed the agreement for 5 o'clock closing would be a step backward,
which we will never take, nnd we are nlrendy doing much better than that by our
c lafks, as will be seen by the following statement: We give every employee, who
has been In our service one yenr or more, a vacation with full pay. Our em
ployees ore unanimously In favor ef our present arrangement. And why should
they not be, as It gives them during a year nn advantage of 208 bours time more
than any other store In our line, even with the new arrangement, besides putting
ts-M time In a shape to be of some use to tbern.
Hl01lP3ON.pFI .DFN&f in
Y. Li G A. BuUding, Corner Sixteenth and DougLu Strttta
( board, who expressed himself as folr
lows:
"I am thoroughly satisfied with every
condition I see, both as regards energy and
efficiency."
Dr. White, United States public health
and marine hospital service, said that
freight cars were being fumigated when
ever thr was possibility of their con
taining Infected mosquitoes and whenever
else (hers was a demand for fumigation
on the part of the authorities of the stats
. to or which the cars, were run.
Statements from D. D. Curran, superin
tendent of the New Orleans & Northwest
ern railroad, by O. M. Dunn, superintend
ent of the Illinois Central, and announce
ments by others famlllur With the situation
Was that every passenger train run out of
New Orleans was either supplied by a
shuttle train at a point beyond possible In
fection or was fumigated prior to de
parture and run closed through the stales
demanding such regulations.
Tetas la Liberal,
of Texas In - raising the quarantine
There Is much gratlfloatlot: at the action
against the state except at points of In
fsctlon, which Is la line with the state
ment of Dr. Tabor that this course would
be taken just ss soon as this state was
quarantined against the inrected points.
On the other hand the Mississippi authori
ties are drawing the lines tighter every
day, as was shown by the refusal to admit
passengers with certificates from the Blldell
detention camp on the New Orleans &
Northeastern road. Burgeon White has
taken this action up with the authorities
of Mississippi and hopes to be able to
straighten nut the tangle.'
Today, acting on the suggestion of Rev.
Dr. Severely Warner, who Is general su
perintendent of the campaign of education.
every preacher referred, to the work now
in hand and in all the Protestant churches
the Episcopal prayer lh' times of public
emergency was recited. . The preachers
asked their congregations to lend their as
sistance to the ward committees who are
oiling and screening elsterns and it Is be
lleved that this will have a splendid effect.
The demand for sixteen and eighteen mesh
screen wire baa' been so great that there
has been a shortage of It here and cheese
cloth Is being nsed in many places aa a
temporary substitute.
Maria Hospital Report.
WASHINGTON, D. C, July JO. A dis
patch received by Burgeon General Wyman
of the Public Health ami Marino Hospital
service from Dr. J. H. White. In charge of
the servlcs work st New Orleans, today
tells of the steps taken by Surgeon T. F.
Richardson, who Is supervising the work
In the Infected district for the city board
of health. He reports that on Thursday
and Frldey there were 1,918 houses Inspected
nineteen cases of sickness were Investi
gated and 1000 more tanks and cisterns
oiled.
. The officials of the Marino Hospital ser
vice express the opinion that the fact that
the area of the disease has been well re
stricted Is sn encouraging- feature of the
present outbreak. IJut two other places
outside of the state of Louisiana, they
say, have officially reported a case of the
fever, a notable contrast to former out
breaks when It spread with great rapidity.
Retaliatory Quarantine.
NATCHEZ, Miss., July 90. Vldalla. La.,
a small town across the Mississippi river
from this city, has adopted a quarantine
against Natches .as a retaliatory measure
for the local enforcement of the quarantine
established by the State Hoard of Health
against Louisiana. Vidalia desired that
Natches preserve an open door, and when
the local authorities announced that this
was against the State board's regulations,
th Louisiana town closed Its doors against
Natches. The Vldalla postmaster sends to
Natches twice a day for the mails, but
will not allow the railway mall clerk run
ning Out of this city to carry registered
mall. The local detention station has been
quipped with twenty tents to accommo
date sixty persons and an emergency hos
pital tent.
Teaaesae Partly Opens.
MEMPHIS, Tenn.. July JO. -The report
given out yesterday following the meeting
of the State, City and County Boards of
Health regarding the quarantlno regula- I
tlone established against Nsw Orleans and
Other fever Infected districts proves to be
partly erroneous. The official statement Is
to the effect that went Tennessee and
Hamilton county will cloie Its doors against
the feve districts. . No quarantine rules
for the sntlre state have been promulgated.
8trict vigilance Is being maintained by
quarantine officials, who are guarding the
approaches from the south to this division
of the state.
' Mississippi Tighten Limes.
MERIDSN. Miss.. July 30. Th city
boards met this morning and on recom
mendations of thl lotiol Board of Health
tightened the quarantine Una materially
against Infected points snd adopted mors
stringent precautions locally. No travelers
will be permitted to enter the city with
out a health certificate and no freight car
from any Infected point will be permitted
to be opened unless thoroughly screened
and previously fumigated.
A curfew ordinance requiring all places
of business except drug stores, hotels and
restaurants to be closed at o'clock and
all persons on th streets after I p. m. who
cannot give a satisfactory reason for be
ing out will be Subject to arrest.
VJCKBBURO, Miss., July ta-Pollowlng
the example of Natches, Greenville, Miss.,
and Lake Providence and East Carroll
parish, Louisiana, have declared a strict
quarantine against th world. Th Green
ville and Lake Providence embargoes wsr
put on this afternoon.
SVSPKCTS
OV'T Or CARANTINB
ri
Held by Health Offleer Not
AfflUie with Fever.
NEW YORK. July JO Health Officer Doty
visited th quarantine Island In the lower
bay today and shortly afterward three
passengers of th steamer Seguranca.
namely. Mlas Heckler. Henry Boyd and
Mis Wempe, wer released, together with
th two members of th crew of th steamer
Eldorado, which arrived yesterday from
Hew Orleans and were held for observa
tion, owing to nigh temperatures. The four
paaosagers of th Seguranca detained at
teaman Island are quit comfortable, and
Bee, July 29, 1905.
If all goes well will be released probably
tomorrow. The ten members of ths crew
of the Scguranca are pleasantly situated at
Swinburne Island In the two new wards re
cently erected on the Island. Of this num
ber only two are seriously 111. They are
Thomas McQill, one of the Seguranca's
stewards, ' and Vincent Novo, a fireman.
McGlil is resting comfortably and some
what better. Vincent Novo, however. Is
quite ill. Dr. Doty said he could not
definitely state whether these men are suf
fering from yellow fever. The bacteriologi
cal examination would not be completed
before tomorrow morning.
It was announced tonight that of the ten
members of the crew of the Scguranca,
under detention, eight were suffering from
malarial fever only, and that, while there
was still some doubt regarding the fireman
and steward It was probable that they
were suffering from the same form of fever.
WORKED
PIPE DREAM
Wm Fabricates a Story of Coming:
Marriages and Gets Large
Wardrobe.
An Indianapolis girl conjured up a re
markable fabrication of stories, .sensation
ally and pathetically reciting the romance
of a mythical fiance and a broken wed
ding, for the unique purpose of Inducing
her mother to buy her clothes. The young
woman. Miss Mabel Jones, bought herself
an engagement ring with her savings,
and then, after having accomplished her
purpose toward replenishing her wardrobe,
sent herself a telegram . announcing that
her lover had been killed by a fall from
a horse It has now developed that Miss
Jones' love affair had no existence except
In her own fervid Imagination.
The truth was finally wrung from Miss
Jones, after she had been subjected to a
most severe cross-examination by ths very
men she had Implicated In the affair by
the use of their names. So trying was the
ordeal that Miss Jones" mother, Mrs. Frank
Arbuckle, swooned In the midst of ths
questioning and was revived only after an
hour's arduous work. A state of collapse
followed, and early this morning she was
again unconscious. .
With her mother unconscious on the
floor and the other members of her family
Imploring her to tell the truth, Miss Jones
sobblngly confessed that the story of her
contemplated wedding was manufactured
by herself; that she had ooUgrtt her own
engagement, ring and even written, with
her own hand, the telegram telling of her
sweetheart's tragic death.
Continued questioning, much the same as
that to which a witness on cross-examination
Is subjected, began to have Its effect
on Miss Jones. She showed signs of waver
ing, and Just then her another swooned.
This wrung jhe truth from the young
woman.
First of all she admitted that the wed
ding story was a pure fabrication. She
said she wanted more and nicer dresses,
and that she had created the wedding
myth In order to Induce her parents to buy
her expensive dresses. Bhe told them she
had met a man named Benjamin, from
St. Louis, who was a high official of the
Canadian railroad, and that he was going
to call. Miss Jones afterward explained
that she had got Benjamin's address from
a railroad folder, which Benjamin had left
In her employer's office.
As time progressed and her parents In
sisted on knowing mor about her St.
Louis admirer. Miss Jones told of numer
ous telegrams and letters she had received,
both from him and from his mother. Fi
nally she announced that the wedding was
set for June 14, and she produced a hand
some diamond ring, which she Said was a
betrothal gift from her sweetheart.
To make her story good, she carried
home a picture, which she said had been
sent her. This was Constantino's picture,
which had come Into her possession. The
wedding ring had been purchased with her
own money. These facts were admitted
between sobs OS Miss Jones continued her
story.
'As the day for the wedding approached
Miss Jones commenced tq plan to get away
from the event. Then It was that she oon.
celved the ruse of her fiance's death. She
wrote a telegram saying: "Clyde was killed
while riding his horse," and sent It to
herself by a messenger boy. Indianapolis
News.
ROYAL TRIPS IN OCTOBER
Prloee and Prlaeese of Wales Will
tar for India tkat
Month. .
LONDON, July SO.-CSpecial Cablegram to
The Ree.) It has new been definitely ar
ranged for the prince and princess of Wsles
to leave London for their tour In India on
Wednesday, October 18, and Join his maj
esty's ship Renown at Genoa two days
later. Their suite will leave Portsmouth
In the battleship on October 10, their royal
highnesses being accompanied on their de
parture from London only by an equerry
and the prince's private secretary.
It Is expected that the prince and prin
cess will witness some evolutions by the
Mediterranean fleet. under Lord Charles
Beresford before continuing their voyage
to the east. The landing should take place
on Thursday, November I, the king's birth
day, and also the date of his majesty's
landing In India thirty year ago. Two or
three officers of ths Indian army will be
attached to the prince's staff throughout
the tour.
Lake Schooner for Sir Dollars.
The low water mark In the market for
vessel property was reached when the
schooner H. A. Richmond, a two-masted
cait. registering 18S net tons, was sold for
&. When the bill of. sale was placed on
record In Collector Nixon s offlce It was
said to be the cheapest bona fids transfer
ever filed in tb Chicago custom house.
Th boat has not bean in service for two
years and now Is lying at Clybourn place
bridge in the North branch. The Richmond
was built In Buffalo la 1M1. and was sold
by Alexander Anderson.
Th new owner, Ben Jaoobaon, will con
vert the schooner into a basgo and us it
la transferring cement around th river.
Chicago Tribune.
LAMONI A POTENTIAL FACTOR
Man nho kTads the Frieads Which Gram
Cleveland Attached to Eim.
ADVOCATE OF PURE BALLOT ARRESTED
First Victim ( Law Wtilfk He Was
Instramentnl la PotlUs loa
the Stntate Books of
Virginia.
(From a Staff Correspondent.)
WASHINGTON. July 0.-Speclal.)-Th
death of Colonel Daniel 8. Lamont last
week removed from earth a man whose
record was unique. Lamont was the most
potential force in smoothing the pathway
of Orover Cleveland towards a second
nomination. Without him the case would
have been hopeless. Cleveland lacked the
elements of popularity. He was not a
"mixer." He was utterly devoid of tact
and finesse. He failed to appreciate the
foibles of his fellows. From March 5,
1RS5. when he first entered the White
House, until the day he left to give place
to Benjamin Harrison, Grover Cleveland
never won to himself a score of personal
friends. But Daniel S. Lamont did that
very thing for him. As "private secret
tary" and afterwards "secretary to the
president" Colonel Lamont exhibited tact
and diplomacy of the highest order. He
demonttrated clearly that he was of that
build that had he been assigned to ths
diplomatic corps he would have made a
mark In the world which would have placed
his name among those cf the greatest
diplomats of the earth, He had a hard
task In serving Grover" Cleveland. That
gentleman was brusque and even rude to
his callers. He antagonized men who
should have been his warmest friends;
notably his former associates In Buffalo.
Among these was Daniel Lockwood. Lock
wood placed the name of Grover Cleveland
on the democratic ticket for sheriff, mayor,
governor and president, and yet within five
days from the hour he was Inaugurated
president Mr. Cleveland had succeeded In
making a bitter enemy of his old friend.
During all the years between 18S6 and 1889
Daniel Lockwood never entered the White
1 louse. After two years In office Mr.
Cleveland asked Lockwood to accept a
position In the federal service. Lockwood
spurned the offer, but Lamont succeeded
in patching up peace and Lockwood ac
cepted the office. This is but one Inci
dent showing the value of the services
of Mr. Lamont to his chief. No man ever
had a more faithful ally. He was always
on hand to act as the buffer and he never
made a mistake. But for Lamont. Grover
Cleveland would never have been nominated
a second time. During the past seven
years he has not been much In the public
eye. But In his death Grover Cleveland
has lost his very best friend and the
country has lost one of Its very ablest
men. ,
Fight for Pare Ballot.
Just across the line in Virginia they are
having some warm politics, but none of it
Is so warm as a fight to test the efficacy
of a pure election law the sol'ons of the
Old Dominion passed some time ago. This
law imposes a heavy fine or Imprisonment,
or both, on any man who spends money
In an election In behalf of any candidate,
or promises directly or Indirectly to do so.
At the head and front of the agitation
that lead up to the enactment of the law
was the Richmond News-Leader, whose
editor, A. B. Williams, Is regarded as one
of the ablest writers In the south. It
fought early and late for the enactment of
the bill, 'and has never failed to drive a
peg In behalf of the purity of the ballot.
But recently there was a primary election
In Richmond, and one of the friends of
Mr. Williams was a candidate. There had
to be some work done In a certain pre
cinct, and Williams gave his check for
126 to have it done. Then the grand Jury
was called together to investigate some
alleged violations of the pure election law.
It was rumored that the Williams trans
action was under consideration, and this
brought out a signed editorial from Mr.
Williams, In which he admits the charge,
but claims that he had a right to spend
the money. It Is said on every hand that
the law Is so plain In Its application to
this particular case that there is nothing
left for the grand Jury to do but return
an indictment.
Here will be the spectacle of the highest
apostle of pure election being the first to
fall under the ban of the very law he was
most assiduous In bringing to a passage.
The whole matter will be watched with
absorbing Interest, for Its outcome will
demonstrate whether the law Is to be a
living thing, or whether It Is to become
a dead letter.
SOME DELUSIONS OF DIET
Flotltlonn Names Applied to Moth of
What Is In Common lie
at th Table.
George K. Holmes, chief of division of
foreign markets, bureau of statistics, of
the United States Department of Agricul
ture, prepared for the--year book of the
department a treatise on the peculiarities
of consumers In their systems of market
ing and the delusions they allow them
selves to be placed under or blunder Into
themselves. The digest has been considered
serviceable for reprinting In pamphlet
form under the title of "Consumers' Fan
cies." The pamphlet points out the mistake peo
ple of small means make In always se
lecting the choice or most expensive cuts
of meats, when many of the unsought
cheaper parts of the animal are equally
or even more nutritious. It quotes a
meat trade's Journal on recent prices as
follows: Poterhouse steak, 90 cents; prime
rib, IS cents; sirloins, 11 cents; round, I
cents; rump, T cents; neck pieces, about
t cents, per pound, respectively. It com
ment In the following strain:
'Although epicureans admit and chem
ists demonstrate that the neck piece Is
toothsoms and nutritious. It bears the low
est price. In fact, it would hardly be
considered respectable to ask the butcher
for a piece of the neck. Perhaps a low
order of proficiency in the housewife's
cooking In the past gave the neck piece
its low place. The story might have been
different had the housewife of former
times possessed the French housewife's
ability to utilise meats In the making of
attractive and delicious dishes." The point
of the argument Is that cheap cuts are
as good as dear when Judiciously se
lected and properly cooked.
The pamphlet also treats of the delusion
that exists In th terms applied to va
rious subsistence commodities by which
their sal is Influenced. Note th follow
ing: "The amount of "Canada' lamb sold
In the Vnlted States Is enormous. The
word 'Canada' has the same magical effect
upon lamb prices that the word 'Philadel
phia' has upon spring poultry or that
'Long Island' on fresh eggs. These fic
tions seem to sell the product, and the
eating public appears to feel satisfied.
By tacking ths word .Canada onto his
product the butcher is enabled to get I
cents more per pound for it, or, If he ad
heres to ths normal prices his customers
think they are getting something unusual
for their money. In certainly 6 per cent
of the cases they are gsttlng plain domestlo
lamb, and about fifty times out of lOOxare
not getting lamb at all. but mere mutton."
Many other commodities are set forth
under their respective delusive titles with
the same unreserved treatment of the de
ceptions yractlced in regard to them.
, SUPREME COURT SYLLABI
i
14138. Morrill sgalnst McNeill. Frror f rom
Logan. Reversed. Duffle, C. Division No. 1.
1 Where a case has been reversed and
remanded with directions to the trial court
tf submit certain issues to the Jury snd
the case is tried a second time on the same
Issues made by the pleadings on the first
trial, this court, on a second appeal, will
examine and pass upon the correctness of1
the Instructions of the trial court In sub
mitting to the Jury the Issues which the
court was directed to try and determine,
notwithstanding a claim made on behalf of
the defendant In error that error in such
Instructions Is without prejudice to the
plaintiff in error because of a former ad
judication of such Issues asserted by the
defendant In error.
2. The plaintiff plead the ratification by
the defendant of a settlement made be
tween himself and the defendant's husband.
Snd produced competent evidence tending
to prove such ratification. The court in
structed the Jurv to the effect that if it
found that the defendant had ratified the
settlement. It should find for the plaintiff,
but failed to state what acts on the part of
the plaintiff would amount to a ratification
and refused a proper instruction covering
the question asked by the plaintiff. Held,
error.
8. Where the court and the parties to the
action proceed In the trial of a case on the
theory that the pleadings present a certain .
material issue not Jurisdictional in Its na
ture, this court will not on appeal examine
the pleadings to determine their ufficlency
to clearly make the issue.
141H9. First National Bank of Platts--mouth
against (iihsnn. Error from Cass.
Reversed and dismissed. Letton, C. Divi
sion No. 1. Sedgwick, J., not sitting.
1. The plea of res adjudicate applies not
only to the points upon which the court was
required by the parties to pronounce a
Judgment, but to every point which prop
erly belonged to the subject matter of liti
gation and which the parties exercising rea
sonable diligence might have brought for
ward at that time. This rule Is not In
flexible and may yield In cases where a
food and valid reason or excuse for the
allure to allege the facts and seek relief
in the former action Is shown, but In the
Instant case such excuse Is neither pleaded
nor proved.
USA. State ex rel. Polk County against
Galusha. Original. Writ of mandamus al
lowed. Holcomb, C. J.
1. When It is obvious that portions of an
act of the legislature were the principal. If
not the sole Inducement for the passage of
the act, and such parts are held to be un
constitutional because in conflict with the
paramount law, the act will be declared
void in toto.
i. The provision Of section thirteen (IS),
article eighteen (xvill), of the constitution
wherein it la provided: "The general elec
tion of this state shall be held on Tuesday
succeeding the first Monday of November
of each year except the first general elec
tion which shall be held on the second
Tuesday In October, 1876," construed and
held: That it Is not of itself an Imperative
command that general elections shall b
held annually at the time stated. Whether
annual elections are required depends upon
the offices created by the fundamental law
and the time as therein provided at which
an election must be held to All such offices.
3. By the provisions of the constitution.
sections four (4). ton (10). fifteen . (15),
twenty (30) and twenty-one (21), of article
six (vi), and sections thirteen (13) and
twenty (30) of article eighteen (xvill).
Judges of the supreme, district and county
courts, and regents of the university, whose
offices are created thereby, It Is declared
shall be elected at the first general election
held in 1875. The terms of these several
offices are fixed at six, four and two years,
respectively, and the terms of office begin
on the first Thursday after the first Tues
day in January next succeeding their elec
tion. Their successors in office. It Is pro
vided, shall thereafter be elected at the gen
eral election next preceding the time of the
termination of their respective terms of
offlce. Held, that these several provision
when construed together fix the terms cf
office and the time of the beginning and
termination of such terms and the time of
the first election, and that thereafter at the
generHl election next preceding the time of
the termination of each and every subse
quent term of office, as they shall follow
each other In succession, a successor shall
be elected; and that these several sections
provide for a regular succession of and con
tinuity in such terms of office, th. frr
and effect of which are to make it manda
tory tnat a general election shall be held
in each of the odd numbered years.
4. Ordinarily the word or words "term"
or "term of office," when used in reference
to the tenure of office means a fixed and
definite period of time.
(a.) Section 10 of article f the con
stitution declares:. . "All officers provided
for in this article shall hold their offices un
til their successors shall be qualified."
Held, that this provision cannot properly
be construed, to mean that the legal terms
of office of the officers provided for In said
article In the sense in which used In ref
erence to me tenure or office, shall con
sist of the fixed and definite periods
therein mentioned and In addition thereto
the indeterminate period which an lncum-
nent may nom arter the expiration of his
fixed term and until a successor shall be
quannea.
5. Where by the fundamental law certain
offices are created, the terms of office of
which are fixed at certain definite periods
of time and the beginning and termination
thereof prescribed as well as the time for
the election of a successor, the legislature
Is without authority to postpone the elec
tion of such succcessors until the succeed
ing general election held in the next year
and to extend the term of offlce of the
Incumbents during the Intervening time
and to provide for an election In a different
year in which to elect such successors and
a different time for the beginning of such
terms of office.
0. Provisions found In the schedule of the
constitution are not In all instances to
be construed as of a temporary character.
The language used should be given its
ordinary meaning and whether it is in
tended to be of a temporary or permanent
character must be determined from the
purpose of the enactment and the object
sought to be accomplished therebv. Tho
true meaning of the law is discovered by
considering the reason and spirit of it or
the cause which moved the law making
uouy in f-naci u.
7. Courts will give weighty consideration
to the legislative construction of the con
stitution when let-tnljitinn is had 'egarding
eubjects of a political feature. But when
such construction clearly appears to be un
warranted it will not be followed.
(a) The provisions of the biennial electlnn
law. H. R. 35. Session Laws 9oS. the act
under consideration, are found to be in
conflict with the paramount law relative to
the election of Judicial officers and regents
of the university, and the time thereof and
of their terms of office, and for such rea
sons the act is held to be inoperative and
void.
13871. Shreck against Hanlon. Appeal from
Clay. Affirmed. Oldham. C. Division No. 1.
1. A trustee In bankruptcy, acting for ths
creditors of the" bankrupt, may maintain
an action In the nature of a creditor's bill
to set aside a fraudulent conveyance with
out reducing the claims of the creditors to
Judgment.
2. The question of fraud in convevancea
made prior to July 1, IK, could not be de
termined in a hearing on application by a
bankrupt for his discharge in the bank
rupt proceedings. Paxton against Scott,
NeK 92, N. W. 611, followed and approved.
3. Kvldence examined and held sufficient
to support the Judgment.
JJS72. Nebraska-Mollne Plow Company
ar.alnst Blackburn. Error, from Scoff's
F.uff. Reversed and remanded. Ames,
C. Division No. 1. Sedgwick, J., not sit
ting. 1. Ons Is not a bona-flde purchaser for
vslue until he has actually paid the pur
chase price or become irrevocably bound
for Its payment.
I A trustee in bankruptcy succeeds to
the bankrupt's title to choses In action
subject to any defense, abatement or coun
ter rlalm to which they would have been
liable In the hands of the latter.
1373. Hanson against Nathan. Error, from
Cuming. Affirmed. Duffle. O. Division No.
1 Sedgwick, J., not sitting.
The rule Is well settled that the supreme
court will not review a Judgment of the dis
trict court on a petition in error as to er
rors occurring at the trial unless the al
leged errors are first called at the attention
of the trial court by motion for a new
trial. 6mllh against Spauldlng, 34 Neb.,
138.
134.14. Sveatherford against I'nlon Pacific
Railroad Company. Error from Douglas.
On rehearing. Judgment of district court
reversed. Letton, C. Division No. 1.
1. A grantee of real estate occupied by a
third person acquires no greater rights
acalnst the occupier than his grantor had.
If the right to bring an action of forcible
entry and detention la barred as against
the grantor so likewise Is it as against the
grantee.
2. Paragraph t of the syllabus In the for
mer opinion. M N. W.. 10x8. disapproved.
1371. Nolde against Oray. Error from
Clay. Motion for - rehearing overruled.
Barnea. J.
A vendee of real estate, while In pos
session snd claiming to be the owner
thereof under a contract of purchase, can
not maintain an anion sgalrifct his vendor
to reoovur the amount paid on th purchase
price. lor a nreacn or ice contract to con
vey, together wllh the difference between
th value of the land at the date of pur
chase and the time when the breach occurs.
ss damages. Before he can prosecute such
an a. lion ne must rescind tne contract
surrender the possession of the premises to
the vendor tut thus ulace hlin as nearly as
4 (losslbis u statu quo.
COMMISSIONERS' LAW LAME
ttvrnej General Holds Election Unit Be
Held This FilL
GUARDSMEN OFF F0, RIFLE PRACTICE
Lincoln People Hear Ha mor Severn!
Office of Burlington Bond Are
to It Removed to That
City.
(From a Staff Correspondent.)
LINCOLN. Neb., July 30 (Special. Not
withstanding a former off-hand opinion that
the special act changing the terms of
county commissioners would obviate the
necessity of nominating and electing those
officers this year. It Is now Intimated that
this Is a mistake, and that the law simply
has the effect of changing the terms of Ihe
officials so that they must be chosen again
this fall. This Is the view which has been
taken by Representative Warner of Lancas
ter county, one of the Introducers of the
various biennial election measures. It Is
explained that the defect In the commission
bill, which Is a special measure, arises from
the fact that the omnibus biennial bill had
referred to ths election of Commissions and
fixed the date on even numbered years.
With this fact In mind the provision was
omitted from the special act. Several Lan
caster county men Interested in the matter
have been advised by Deputy Attorney Gen
eral Thompson that It will be necessary to
place the names of candidates for commis
sioner on the ballots.
Riflemen to Compete.
Monday morning the state rifle competl-
tlon for the choice of members of the Ne
braska team to Sea Grit, N. J., will begin
at Kearney. The range Is on an Island In
the middle of the Platte river, so that there
Is no danger of damage from stray bullets.
The revolving Texas targets are to be used.
Four have been put In rlace, so that num
ber Of squads can be at work at one time.
These targets are made to rotate on a pivot
at the center in such a way that the marker
In the pit does his work while the moat
recently used end of the target is down,
thereby obviating all danger.
The contest, which will last during the
greater part of the week, Is for the purpose
of choosing fifteen marksmen from the Na
tional Guard to attend the national com
petition. There Is considerable rivalry
among the thirty-four or thirty-five par
ticipants for the Nebraska honors, since It
Is understood that President Roosevelt
takes a personal Interest In marksmanship
among the soldiers, and may attend the
contest at Sea Grit for at least one day.
Lieutenant Colonel McLaughlin, Inspector
of small arms practice In the National
Guard, has been assigned to have charge
of the contest.
Will Lincoln Get Ken Offices f
There i some talk among local Burling
ton officials to the effect that the car ac
counting service of the road will be removed
from Chicago to Lincoln. This change
would involve the transfer of the clerical
force in the office, numbering about 250
persons. There is considerable speculation
as to the changes which would ensue and
among other things It Is claimed that there
Is a possibility that Superintendent Barnes'
Burlington transportation service will be
brought to Lincoln, while his assistant, C.
L. Eaton, will be left at Omaha, whence he
was removed recently. The reason for the
new move, according to the reports, is the
difficulty of managing the car service of
the road from the eastern city, because of
the great westward extension of the road's
mileage. The reported transfer is also as
sociated with the prospective great North
ern connection. . H
Bryan to Go In September.
Relative to a report from Milwaukee that
W. J. Bryan was going to tour the world,
Charles W. Bryan, the business manager of
the Commoner, stated for his brother that
his departure will be made In September for
a tour of Europe. He stated that his
brother will make an extended stay abroad
for the purpose of studying governmental
conditions. He did not know that a tour of
the world was in contemplation. Mrs. W.
J. Bryan, he said, Is now touring Germany.
Llarhtweln-ht Bread.
Health Officer Rhodes has been making
an investigation of bread weights and has
discovered that only four bakers were com
plying with the ordinance requiring a pound
of bread In a loaf sold at that weight. The
weights ranged from twelve ounces up.
The matter has been reported to the city
attorney and the police officers, but no
Heps towards the Institution of prosecutions
have been taken.
Fish for Erleson.
The State Game aud Fish commission
will stock the waters of Cedar river above
the newly constructed dam in the stream
at Erleson, Wheeler county, with black
bass. The car 1 now on the way to that
place which is deetlned to be a summer
resort if the promoters of the dam build
ing project carry out their plans. Accord
ing to advices reaching Game Commissioner
Carter it Is planned to secure the Installa
tion of a dully train service In place of the
trl-weekly schedule which Is maintained
t the present time. An effort Is being made
to secure the use of the new gasoline motor
cars ror that purpose, une dam, which
has Just been completed, replaces one which
washed out last year after a summer re
sort town had been platted on the lake
created by It. The game wardens antici
pate considerable trouble from Illegal fish
ing below the dam when the gates are shut
down. The ranchmen In that section of the
state give but little heed to the provisions
of the game laws, and reports Indicate that
much fish had been Illegally taken during
the spring.
FIUt M AW Y CORNER! MISsISG
Reaurvey of Portion of Rock sail
Brown Counties Needed.
BASSETT, Neb., July- 30 Under the act
of congress passed at the last session.
providing surveys of parts of Rock and
Brown counties, N. B. Sweltier. who is
connected with th general land office In
Washington, has been here for the past
two months and has Just completed his
work. He, with his assistants, have run
250 miles of line in the thirty-two town
ships covered by ths act. Th Investiga
tion has demonstrated that many of the
corners are missing, and whether these
corners were ever estatblished or not. It is
a fact that a resurvey is necessary, and
it Is universally desired by the settlers In
the territory concerned that a resurvey be
made.
On account of the extremely wet weather
Mr. Sweltxer has found the work arduous
and difficult, but he and his force have
worked industriously, not resting even on
Sundays, and the people here are much
pleased with his efforts, and they are hop
ing that when his report is made step will
be promptly taken for a resurvey by the
governmenj.
Mr. Ross Mayo, a brother-in-law of Mr.
Sweltxer, has been assisting hJm, and their
families have lived in Bassett during the
period of their stay here.
As soon as ha ha completed his report
Mr. Sweltxer will go to Wyoming to make
a retracement of the boundary line between
that state and South Dakota.
Bodies Recovered front River.
NORFOLK. Neb., July 30. (Special.)
Both victims of the tragle drowning of one
cf the foremost young couples In Norfolk
have been recovered from the river. The
body of Mis Annie McBrlde was found late
last ptght In close to one shore ot the river,
at a depth of thlrty-flv feeu A grappling
hook caught In the clothing of the young
woman. The body of Carroll Powers was
found by dragging the river with a hay
rake tills afternoon. Probably both funer
als will be held tomorrow.
GET 1'RAIRIR (IIICKRJS AMI Ft ASS
Sportsmen Meet Splendl Saceess In
Cnnntry Around Harwell.
RCRWELL, Neb.. July 39. (Special )
The chicken hunters are having splendid
shooting these days. In the evening the
reports of shooting can be heard and to
old hunters this means prairie chickens.
The crop of birds is very large, and old
experienced hunters say that never In thMr
memory have the young birds been ro
plentiful.
Black bass s bound In the Cedar river,
some twenty-five miles east of Hurwell, and
a doaen or more private fishing partle have
gone over to the Cedar river to fish during
the present month, and tho numerous state
ments are that black bass fishing never
was better than this year. In the Calumus
river, northwest of Burwell, the bass fish
ing Is not so good on account of the ponds
and lakes along the river being seined. A
large ranchman living thirty miles above
Rurwell says that 100 or more fishing
parties have been near his ranch this year
and have seined the ponds snd lakes in
open violation of the state laws.
MeCook normal Draw Well.
MCOOK, Neb., July SO. (Special.) The
MeCook Junior Normal school closed its
eighth week with a clear lead In the at
tendance at the several Junior normal
schools of the state 232. The state superin
tendent has Just announced that examina
tions would be held In MeCook, August 4
and 6 for professional state life certificate.
The local instructors are preparing qu-s-Hons
for the regular examinations at the
close of the normal sessions. President J.
W. Crabtree of the Peru normal, President
A. O. Thomas of the Kearney normal. Dr.
J. A. Beattle, a former president vof the
Teru normal, now of the Cotner university
faculty. State Superintendent McBrlen,
Deputy State Superintendent Bishop and
Rev. L. P. Ludden will be visitors of the
normal during the closing two weeks.
Serrs of Nebraska.
FALLS CITY The Richardson County
Teachers' Institute will convene In Falls
City August 7, for one week.
BEATRICE Miss Fleta Clancy of this
city, while visiting friends at Virginia, this
county, fell from a horse and broke her
arm.
CIIADRON At the residence of Mr. nnd
Mrs. Norman, parents of the bride. Myron
Fynald Fisher was married to Laura Ma
belle Norman.
BEATRICE Robbers visited the home of
Joseph Merrill, who lives a mile east of
Blue Springs, and stole two suits of clothes
nnd several pairs of shoes. There is no
clue.
FALLS CITY At the last meeting of the
Odd Fellows the following officers were
Installed: Herbert Hedges, N. O. ; Frank
Schalble. V. G. ; J. C. Vulsy, treasurer; A.
E. Grant, secretary.
HUMBOLDT Miss Rosa Till, who has
tor ine past two years been a sufferer from
consumption, died last evening at the home
of her sister, Mrs. M. H. Richards, In the
east part of the city.
TABLE ROCK-Miss Margaret Loomis
of Lincoln, assistant principal of our
schools during the past year, and who had
been retained for tho coming year, has srni
in her resignation, having accepted a posi
tion In Hawaii.
FALLS CITY W. B. Holt of this city is
getting a herd of his prize winning Berk
shires in shapo to exhibit at the state
fairs this full. He will take them to
Topeka, Kan., Des Moines, la., Lincoln,
Nco., and Dallas, Tex.
CHADRON The Chadron Times, a demo
pop newspaper, has given up the ghost, and
the material has been bought by the jour
nal, the republican paper. Northwest Ne
braska Is all republican now-a-days. Quite
a change from eight years ago.
BEATRICE Robert O'Connor was
brought to his home in Beatrice Saturday
night, having fallen from a tree at Lincoln
while engaged at work for the Home Tele
phone company, breaking his lett arm in
two places and severely bruising his body.
, BEATRICE It la. reported that the pur
chase of the Spellmah grain business and
elevator by Norcross Bros, is likely to re
sult in the formation of a big grain com
pany In Beatrice by some ot tne leading
capitalists, who may get control of a num
ber of elevators.
PLATTB. SOUTH Judge H. D. Travis and
County Attorney Kawle have been engaged
for a discussion of the subject, "Revision
of Our Jury Bystem," to be given at the
old settlers reunion on August 18. This
will be the seventeenth annual reunion of
the old settlers of Cass county.
PLATTSMOL'TH Farmers along the Mis
souri river are trying to solve tne trouble
some uuL-stlon ot holding the crumbling
banks of that stream. Ine method to be
trleu is known as the Kcllner system of
riprapplng, the invention of a Nebraska
man which is being successfully used on
the Platte river.
HUMBOLDT Three cases of smallpox
are reported at Nlms City, a small station
a few miles to the southward, altnougn it
is claimed all are In a mild form. Dr.
Towne of the State Board of Health, came
down a few days since to consult with Dr.
Burgher with r ference to the situation,
anu orlerea a strict quarautin established
and maintained.
BEATRICE Union Pacific passenger
train nio. u, northbound, due to leave Bea
trice at p. m., came near being wrecked
Saturday evening three miles norm of Bea-
trice, ine train ten eeatnee ten minutes
late and was running at full speed when
the tender left the track and rail along on
the ties for some distance before Engineer
vilkins brought tne train to a slop. The
train was delayed an hour by the accident.
Nooody was hurt.
TABLE ROCK The showers of the past
few days, together with the tin weatuer,
have had a marvelous effect on the locality,
which has now reached the so-called
"shooting'' period, ajid the development of
the stalk is rapid, and the tassels and silk
are much in evidence. One of our must
reliable farmers claims to have made a
recent measurement at the close of a forty
eight hour period, and makes the remarka
ble statement that during that period one
stalk made a growth of eleven Inches.
GENEVA The Fillmore County Teachers'
Institute, conducted by Henry Vauck,
county superintendent, closed after a suc
cessful week's work, July -9. One hundred
and nineteen teachers were enrolled. The
teachers gave expression of their apprecia
tion of Superintendent Vauck s efforts and
the work of inslruc by commendatory
resolutions, and also uve each a beau til ul
present as a token of esteem. The earnest
ness and enthusiasm of this institute be
speak a successful year (or Fillmore county
schools.
CHADRON The Northwest Soldiers and
Sudors' reunion, held on their grounds on
the Bordeaux their seventeenth annual re
union. This has become a settled Institu
tion in this part ot the county, which is
largely attended, and hundreds of tents are
made the rendevous for all old and new
ettlers for ten days. Th grounds are
very picturesque, being on the Bordeaux
at the foot of th pine hills. The follow
ing officer wer elected: Commander,
A. 8. Mossman; senior vice commander,
A. N. Sluffner; Junior vice commander,
A. G. Fisher; chaplain. Warren Rucker;
?uartermaster. J. ii. Crowder; adjutant, C.
una Buyers; officer of the day, A. J.
Blocum, officers for ensuing year for North
west Soldiers' and Sailors' association.
Dundee.
A daughter was born Monday night to Mr.
an1 Mra W It Uffllton.
Mrs. E. V. Heaford left last week for her
summer home at Superior, Wis.
The Dundee Sunday school held It annual
picnic on Thursday at Ha.niH.omb park.
Mrs. Noah Perry ententained a number
of Omaha and Dunuee women Thursday
afternoon.
Rev. T. C. Winn and family leave this
week to spenk the remainder of the sum
mer In Colorado.
Mr. D. L. Johnson returned from a busi
ness trip on Saturday and leaves again fur
Colorado on Monday.
Under the auspices of the Junior En
deavor society of the Dundee Presbyterian
church, an elaborate entertainment will
be given at the church Thursday evening.
Mr. John H. Harte is suffering from an
injured ankle, which was hurt in his at
tempt to prevent a more serious accident to
some men working on the Kounise Mem
orial church.
Trail" Slay Open Bandar.
PORTLAND, Or., July 80. It is ststed
definitely that the exposition management
will not make any further legal fight
against the Trail amusement concession-
Western Military
Academy VpZ
Alloa,
oo is-
nrles, alio wer given an Injunction In the
circuit court restraining the exposition front
interfering with their keeping oen on Sun
day. v
DEATH RECORD.
. Shonfleld.
S. Shonfleld, the antiquarian, died Bun-
day at the residence of his son. Herman,
Shonfleld. 710 South Eighteenth street. He
had been 111 only since Friday, of a dropsi
cal affection, and his death was quite un
expected. Mr. Shonfleld came to Omaha thirty-four
years ago from Ixmdon, England, snd was
for many years actively engaged In the
book business. He was known all over the
world to book lovers and collectors as a
mah of rare accomplishments as a bibli
ophile. Ills office of late years has been
in the New York life building, and he
kept up his Interest In his life work to the
last. He leaves one eon and three daugh
ters. Herman Shonfirld. Mrs. P. D. Wat
kins, and Mrs. A. I Hell. They are all at
the seaside at present except the son, but
will be called home for the funeral.
Ilrlgllta Mergren.
Mrs. Brlgitta Mergen died Sunday at
the family home, S&W North Twenty-fourth
street, aged 01. She was the wife of Nich
olas Mergen snd the mother of Philip
Mergen. She came to Omaha In 1SS4 and
was most favorably known to most of th
old settlers. The funeral will be held at
9 o'clock Tuesday morning from the church,
of St. Mary Magdalene, at Nineteenth and
Dodge.
Former loss Man.
PORTLAND, Ore., July S0.-lhll Stuart,
ex-mayor of Osceola, la., and formerly
district Judge in Iowa, died today at a hos
pital, as the result of an operation. Death
was sudden and unexpected. Mr. Stuart
was operated upon eleven days ago and
seemed on the road to recovery. He waa
born In Zanesvllle, O., In IMS. and was a
prominent attorney In this city.
Frank Schlensla.
DUNLAP, la.. July 30.-(Speclal.)-Tha
funeral of Frank Schlenslg occurred yester
day afternoon at 2 o'clock from his lat
farm home near Dunlap and was conducted
by Rev. 11. Wendt, pastor of the Lutheran
church.
Mary K. llereher.
Mrs. Mary E. Becher died on Sunday at
her home. 2532 California street. The funeral
services will be held from the residence this
afternoon at 1 o'clock. The body will b
shipped to Columbus, Neb., for Interment. '
If you have anything to trade, advertise
It In th For Exchange column of Th Be
want ad pagn,
Bishop Hargrove Ilylns;.
NASHVILLE. Tcnn., July . Bishop R.
K Hnrarnve of the Methodist F.nlsoorml
church, south, is reported In n dying condi
tion at his home here. Infirmities of old
age caused the bishop to resign the presi
dency of Vanderbllt unlverHlty Board .of
Trustees this spring.
No Delay
In keeping social or business engagements
cnused by nervous or sick headache, or
other pains or aches by those who bnve
learned the merits of Dr. Miles' Antl-Poin
Pills. They simply take a tablet when ihe
symptoms appear, and they are quickly
dispelled. In fact
Dr. Miles
Anti-Pain Pills
will prevent, and also cure, all pains of
every nature, and are absolutely harmless.
The Soothing Influence upon the nerve
and muscles, quiet and refresh the Irritated
conditions.
"Dr. Miles' Anti-Pain Pills always cure
my headache, nnd the beauty of it la. It
costs such a trifle. I am glad there Is uah
a remedy for people who must work, lck
or well. Headaches never prevent me from
keeping my engagements."
MRS. O. N. GRIFFITH, Santa Ana, Cel.
The first package will benefit; If not, the
druggist will return your money.
io doses, 25 cents. Never- sold In bulk..
CHEAP
EXCURSIONS
VIA.
Round Trip Rates from Omaha
Detroit, Mich. on sale ff)4 Cfl
Aug. 13th and 14th.... 0l litJU
Pittsburg, Ta. on sale 0C OK
Aug. 10th and 2oth ZJiZJ
Richmond, Va. on salo QQ fin
Sept. 8th to 11th OJiUU
Philadelphia, Pa. on sale 00 7R
gept. 14th to 16th 2 1,1 J
Tickets to points below on sal
daily, good for return until Oct. 81:
Chicago 120.00
St. Paul and Minneapolis. 112.50
Montreal, P. Q 842-85
Niagara Falls, N. Y $41.00
Chautauqua Lake, N. Y.. S40.00
Duluth, Minn 916.50
Mackinac Island, Mich... 122-85
Detroit, Mich 133.50
Devil's Lake, No. Dak 118.75
Alexandria, Minn 115.25
nimldjl. Minn S18.05
Minnctonka Beach 113.15
Watcrvllle, Minn $10.50
Clear Lake, Iowa C10.70
Okoboji Lake, Iowa 19.95
Waterloo, Iowa til. 85
Cherokee, Iowa tO.85
Storm Lake, Iowa tO.85
In addition to above special escur
stun rales to many pnUils in Minne
sota. Wisconsin. Michigan, Canada, etc
Delightful steamer trips from Chi
caso and Duluth via the Great Lakes
and St. Lawrence River.
call or write me about your trip
and I will cheerfully give you com
plete information regarding route,
rale, connections, etc.
S. NORTH,
nlst. Pas, aaent, I. C R. It.
103 Fnrnana Street, Omaha, Heb.
Alamito Dairy Farm Milk
in Bottles tvt
me CALUMET
SCHOOLS AMI COLLEGES.
B WENTW0RTH
VT MILITARY ACADEMV
tf Oldest siiS IsriMt m Middle Wan,
g7 Lgaisroa, m.
rth yesr New fireproof buildings. Modsra
equipment. Delightful location. Nuinhrr
lliilied. Strong faculty. TrorougU mill
t.ny and academic department. LouaJ
references.
ol. Albert M, Jseksen, AM, Trepidant
1
i
W V.