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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 25, 1905)
THE OMAHA DAILY BEE: fOXDAY, PECEfBER 25, 1903. CURRENT NEWS OF IOWA COUNCIL BLUFFS Offlc. 10 Pearl St. Tel. 45. BASIS OF BLACKMAIL CASE Farmer Johoun Telli of DUappeaniiaa of Man and Sis Boi Years Aga. BOTH HAD IEE.N EMFLOYED ON HIS FARM Ailtrrd Bcaoi Gartta at lloaxe Kept Thru from Retlrtnar and Simply Picked lp and Left No Hint of Murder. F. T. C. Johnson, for trying to blackmail whom J. B. Richards and Joseph Westrlp, the two farmer boys from Underwood are now In Jail here, called on Chief of Police, Richmond yesterday afternoon, to whom he related the story of the dlnappearance of the man and boy referred to In the black mailing le.tter f nt Johnson by the two young men. Mr. Johnson formerly lived In Council Bluffs and waa a member of the contract ing firm of Hammer ft Johnson, which built the first courthouse In this city. In the rarly '70s he move id onto the farm where he now lives war Bentley He became a member of the Board of Township Trus tees, the members of which were In the habit of meeting when they had official business to transact at one anothers' homes. In 1874 a man named John Penny, who came from Missouri, was working for Mr. Johnson husking corn. In the fall of that year, after the husking was finished. Penny In Pnirvlew cemetery. Rev. I Ripley of the Kpworth Methodist church will conduct the services. Honors for Iter. O. o. Smith. At the close of his sermon yeeterday morning Rev. Otterhvln O. Bmlth. pastor of the First Congregational church, an nounced to his congregation that he had received a Christinas present In the shape of the degree of Doctor of Divinity, con ferred upon him by the Capitol university of Oklahoma. The following letter from Chancellor Ira A. Holbrook, chancellor of the university, announcing the conferring of the degree, was read to the congrega tion by Dr. Smith: OKLAHOMA CITT, Okl.. Pec. Is, 1906 My I)ear Sir and Ilrnther: As chancellor of the Capitol university it is my happy privilege to inform you of the action of this corporation and faculty, whereby you nre constituted, py unanimous vote, "Pivlnltatls Doctor." Not unmindful of its obligation to nil that is highest in scholarship and morals, nnd fully aware of your reputation as a Bible student and lecturer, and consider ing fully the places of trust which you hiive tilled with distinction, It has been adjudged by the faculty and corporation, upon recommendation of the chancellor, that you are a proper rerson upon whom to bestow letters of mark, and In accord ance therewith nave createn ana consti tuted vou a Doctor of Divinity. In this action the university feels that It honors a man fully worthy and capable, and In so doing honors Itself. May we therefore urge upon you. If such may be, an even deeper sense of high service to vour fellows and your God. Sincerely yours. IRA A. HOLBROOK. Rev. O. O. Smith Is one of a trio of brothers who have received this honor the piist year. The other two are Dr. J. R. Smith of the First Congregational church POLITICS AMONG TEACHERS Scramble for Position of President of the State Asitciation. RETAILERS OPPOSE PURE FOOD BILL Insist Snch a Meuara Will Be of Benefit to the Mall Order Houses Which Are Sot Sabjcct to Its Provisions. (From a Staff Correspondent.) DES MOINES, Dec. 24.-(8pecial.) At the convention of the Iowa State Teachers' association next week considerable Inter est will center In the contest for the posi tion of president. There are four candl. dates in the race, and while the assocUv tlon professes each year to rule out poli tics there Is always a big scramble under the surface for the position of president, which is an office with much honor and with little real power. J. H. T. Main of Grlnnell college seems by force of circum stances to be In the lead for the position, but is far from having the position se cured. According to custom, which rotates the office between the college men. city superintendents, county superintendents and secondary school men, the election this year goes to a college man. Dean Stanton of Ames Is a candidate, but Prof. R. C Barrett, also of the State Agricul tural college. Is president of the college conference, and the other colleges object to two such offices going to the stuns In stitution. Prof. F. E. Bolton of the State university Is talked of as a candidate, but City, was founc. roadside, four Jones hd be and on the . L. fc.. ...... un,t that a legal a this afternoon near the lies (mm home, frosen. to Duncombe. drinking. home he had fallen from ozen to death. It is likely in will follow. on Dltrh rrnlrali. Dec, 14 (Special.) The tfiipcrvisoi-s of Monona and es will meet at Onawa Pe- lear coinplsJnts of the as- the big Monona-Harrison t In relation to other mat- About twenty objections to date have Vcn filed with the county auditor. Objections may be filed up to Tuesday noon, December 28. The total amount of the assessment on the lands In the drnlnagn district Is S454.9i. The lowest assessment per acre is 10 cents and the highest per acre $9 r9. Ilenrlna ONAWA. I' Joint Boards Harrison cnu cember 2B to. sessmcnts oi ditch and to ters thereto f Boy "tabbed to Death. BURLINOTON. Is., Dec. M. Pally Frel tag. 15 years old, was stabbed to death today by Otto Shaumberg, 20 years old. The boys were scuffling In a butcher shop, when Shaumberg selred a big meat knife and plunged It into Freltag's hrsrt. Shaumberg was arrested. SUPREME COURT SYLLABI i i 1,1 d Is on at Bnrllnaton. BURLINGTON, la., Dec. 24.-The 'll1' was on tight in Burlington today. The town was dry for the first time in its his tory, and not an Intoxicated person was arrested. JAP DIPLOMATS START HOME Ceremonial Concludes Negotiations for a, Sew Treaty with China, PEKING, Deo. 24. The Japanese com mission, headed by Baron Komura, which negotiated the Chinese-Japanese treaty, left today on a special train for Tien Tsln on its way to Japan. At Tli-n Tsin the corn- year from now will be the ranking I mlssioners will be entertained with great In the supreme court of the state of Ne braska the following opinions were filed December 6, 1H; l.TTV State against Taxton. Error, Dous'as. Affirmed. Duffle, '. Division No. 2. If.ilcornh. C. J., not sitting. 1. A bill of exceptions will bo quashed where it is not rertllled ami Identified in such a manner that this court may know that It is the identical bill allowed by the trial court and the whole thereof. 2. The statute provides that a bill of exceptions, where the original bill Is used, shall be attached to the transcript of the record. Where this court Is presented with what purports to be a bill of exceptions contained In two separate and detached volumes, neither of which are attached to the transcript, and but one volume of which is certltled by the clerk of the dis trict court and the contents of this vol ume shows that there was other Important and material evidence upon which the de cision of the case must depend and tliero Is nothing In the clerk's certificate or In the record Itself by which this court can with any certaintv determine whether the volume not certified pr otherwise Identi fied contains the omitted evidence, the bill will be ouashed. Beber against Brotherhood of UrtJl- Hen tlon cannot, by Its by-l.iws or resolutions, chne the mode of the exercise of this power. fv A fraternal benefit association must have a representative form of government. This requires that tle directors or other officers who have charge and control of the property and business of the society and the management of its afT.iirs slmll be chosen bv the niointwrslilp thereof. st:te sa:lnst Hunkers I'nlon of the World. Ne braska, W N. V. 6..1. followed and ap proved. S. An attack on an illegal by-lsw of a fraternal bonetlt association Is not a col lateral Httack on the right of the society j to do business. 1401.Y Merrim.m against Mcrriman. Appeal from Douglas. Allinm-d. Duffle C. Divi sion No. 2. 1. Equity protects a parol gift of hind equally aith a parol gift to sell it. If ac companied by possession, nnd the donee, Induced by the promise to give It has made valuable Improvements on the proiierty, and this applies to tlio gift of a Ufa estate . as well as the fee. 2. Evidence examined and held to show the gift of a life estate In land. 14H19. Clark fiinilnst I'ahl. Error, Gae County. Affirmed. Lctton, C Division No. 1. 1. The word "defendant" as used in Sec tion 477b of the Code of Civil lYocedure. being Sectton 14t. Cobbeys Annotated Statutes, 1SW, applies to the mortgagor or to persons In privity with him, nnd not to cross Det It loners seeking to enforce a upon the premises or to parties de- i . i I 71 I road Trainmen. Error, from Lancaster, I fendnnt having only a contingent or col Keversed and remanded. Oldham, C. Dl- lateral interest In ttie property, vision No. 1. Holoomb, C. J., not sitting. l2i. Security Mutual Life Insurance 1. It Is for the Jury to determine whether Company ngnlnst Miller. Error, Gage. Af a total loss of three fingers and an injury finned. Jackson, C. Division No. i. to the remalnlnr flnser and thumb, which 1. A life insurance policy Issued on the materially Interferes with their use, and a 1 Hf of a person but 14 years of age, which Warren Avenue Congregational church of Chicago. returned to Missouri, but in the following I of Quincy, 111., and Dr. F. G. Smith of spring .came back to Mr. Johnson, accom panied by 'his son, and they both went to work on the farm. One night a meeting of the township trustees was held at Mr. Johnson house, which in those days was not as commodious as his present residence. The trustees were accompanied by their wives and other members of tholr families, and after the j business had been transacted Mr. and Mrs. Johnson served supper, and the entertain ment continued until lnte In the night. Penny wanted to go to bed, but could not until the company dispersed, and he be came somewhat grouchy, finally saying, "I guess I and the boy will go over to Dew- jy's to sleep," and left the heuse with his eon. Dewey was a neighboring farmer and ft friend of the Johnsons. That was the last Mr. Johnson saw or heard of Penny and his son. They never went to the Dewey house and It was sup posed they returned to Missouri. The two satchels containing -the few effects of Penny and his son are still at tho Johnson home, where they have been for the Inst thirty-one' years. The disappearance of Penny and his son, Mr. Johnson told Major Richmond, did not cause any particular sensation at the time and the blackmailing letter sent him by Richards and Westrin was the first Intimation that he had ever been accused of doing away with them. Mr. Johnson, ' who has lived In the same com munity for about thirty-five years, said Convention of Woodmen. A district convention of the Woodmen of the World will be held In this city Tuesday, the sessions of which there will be two, one in the afternoon and the sec ond In tho evening, will be held In Wood men hall. John Golger, state manager for Iowa, will deliver an uddress on "Fraternal Insurance Safe and Sound," nnd Rev. Dr. Schleh, sovereign lecturer of the order, will speak on "The Greatest of These, or Perfected Woodcraft." The evening session will be devoted to the exemplification of the secret work of the order by the local degree staff to a large class of probationers, to be followed by a social session, at which there will be several short speeches and a musical program. farewell Banquet to ewly. B. C. Newby 1 Nashville, Tenn., who has been superintending the instillation of electrical equipment in this city and Omahj. for the Western Electrical fompany of Chi cago, was the guest of honor Saturday night at a banquet served at the Phoenix restaurant. The banquet was in the nature of a farewell by a number of Mr. Newbv's friends, and he will leave shortly after the first of the year for Manila, P. I., where he will install for the Western Electrical that there had never been a breath of sus- I company. Those present In nddltlon to the Melon aealnst him In connection with the guest of honor were: Louis Marcus, H. A. disappearance of Penny and his son. He told Major Richmond that he Intended to prosecute the young men to the full extent of the law. They will, It Is expected, be given a preliminary hearing this morning. l.Ot.- Y. Plumbing Co. Tel. 250. Night. L6W: Mrs. Mary E. West Dead. Mrs. Mary E. West, widow of Francis M. West, died yesterday at her residence. 2202 Avenue C, from heart disease, aged K years. She had been a resident of Coun cil Bluffs since 1SSI. Three daughters, Mrs. Will Umble, Mrs. Al Rlche and Mrs. Harry Davis, and one eon, William West, all of this city, survive her. Tho funeral will be held Monday afternoon at 2 o'clock from the residence, and Interment will be Walling. R. G. Hitchcock, J. J. Metr, Ray Beutler, William Brann, L. Hill, F. B McCutcheon, Frank Wishorn, A. L. Smith, Ed McKtnley, Hugh McKinley and Hairy McKeegan. lipp ers I Arthur Back from Penitentiary. James Arthur, convicted and sentenced to ten years In the penitentiary for alleged complicity in the attempt to blow the safe 1 of the Treynor bank last January, and l whose case was sent back by the supreme I court for retrial, will eat Christmas tlln ! ner In the county Jail. He was brought back from Fort Madison Saturday by Sheriff Canning, reaching here after mld i night on a belated train. It Is not likely that Arthur will be tried again, but It Is understood to be the intention of County Attorney Hess not to dismiss the case he fore the January term. What Is nicer for a present than a pair of Slippers? Men's Everctts In Patent Leather and Assorted Colors. Ltvdics Juliets In Felt and Quilted Satin, in As sorted Colors. Trimmed with Fur. A large assortment of Low Slippers. The prices are right M.ntB: 75c to 2.00 (Ladles', ;On 1 (( DUNCAN SHOE CO. Frank J. siteinler Hies. Frank J. Stemler, aged 47 years, died yesterday at- his residence, 828 Williams street. He Is survived by his wife and four children. He had been a resident of Council Bluffs for twenty-five years. The remains will bs sent to Waupun, Wis., Wednesday. MIOR MEXTIOT. A. Son. Tel. 909. 23 Main Street Fine Repairing. COL'NCIL BLUFF9. Mr. Sargent, the Shoe Man, Has a phrase iu his advertising which we admire, and we claim the same thing for ALL THREE OF OCR STORES. He says his Store Is a place "WHEKE A CHILD CXN BUT AS CHEAP AS A MAN." Do you know POME MER CHANTS ?) do take advantage of a child and sell them inferior goods? No one need hesitate sending their child to our stores with prescriptions or for any thing else we sell, 'causo If there is any DIFFERENCE in our DEFERENCE to customers, it is in fa,vor of the customer WHO IS NOT AS CAPABLE AS WE AS TO WHAT THEY WANT! We have a nice line of CHRISTMAS GUTS. WE DELIVER FREE. SCIIAEFER'S E. T. YATES. Proprietor. Cor. Fifth avenue and Main street. Council Bluffs, la. Phone 3W. Cor. Six teenth and Chicago streets. Omaha; 'I wen. ty-fourih and N streets, South Uniiln. SCAVENGER WORK. I haul dead animals. It oo per head. Garbage, ashes, manure and all rub blah; clean vaults and ceaapoola. All work done is guaranteed. Calls promptly attended to. Phone. Aah-ltt&Z. J. H. SHERLOCK. 1 - " LEWI S CUTLER MORTICIAN ' 28 Pearl St. Phones. Res. 63, Offlct 97 Lady Attendant if Desired. Davis sells drugs. Stockert sells carpets. Plumbing and heating. Blxhy Dr. Lurlla Dean, Brown Bldg. Drs. Woodbury dentists, 30 Tearl street. Woodrlng-Hchmldt, undertakers, Tel. 339. Leffert s Improved toric lenses give satis faction. Pictures for Christmas gifts. Alexanders Art Store, 333 B'way. Besults Our Specialty Eclipse Collection agency, offices lv3 Pearl Ef. liione 1474. Big mid-winter term Western Iowa college opens Tuesday, January 2, l'Mji. Empire renaissance gold moulding, pic tures and frames. Borwick, U S. Main. Tel. CM. Dsnce every Thursday evening. Only 15 cents. i;et nusy naming cnin, :ew ar mory, Whaley's orchestra. Get your upholstering, feathers, mat- l tresses and repairing done at Morgan & Kline's, 19 South Main street. A. L English, manager of the Citizen's Uus and Electric company, left yesterday morning for Galesburg. III., to pcnd the inrisinias nouaays witn relatives. The docket for the January term, which opens Tuesday. January 2, contains 31S cases, 18 equity and law. So tar about eignty-tlve trial notices have been filed. At the regular meeting of Ivanhoe Com mandery, knights Templar, Tuesday even lug tlie newly elected officers will be In stalled at the close of the business ses sion. At the First Congregational church last evening the choir and tiunuay school gave a Christmas program of snthems, songs aim recitations unaer tlie oirection or lUia C. F. Kimball. D. M. hiicKiioy of Laramie, Wyo., was tho guest over Sunday of C. W. McDonald and family, en route home from Cnicagu, wnere ho attended the stock snow and in cidentally captured several awards. William Fegley, wnose sentence in the county jail for disturbing the t.ervices at tlie pentecostsl mission u suspended dur ing good neiiavlor, will eat Christmas din ner al the city jail. He was arrested oaturaay tor being drunk. Tracy Kodwell and Koy Hardesty, depu ties in tne ottlce of the clerk of the uis trlct court, are spending the Christmas lioiiiiays with relatives, tlie former at Oak land and tne latter al Walnut. They are accompanied by llieir Wives. Mrs. Ixniisa Beed. In ner suit for I15.0X) damages lor Injuries received In an ele valor accident in tlie Sapp building, has disnusbcd us to the Traveler, insurance, leaving tne owners. A. A. Gaines and E. E. Hart and John Dariand, toe janitor and rit vutor conductor, defendants. Following the retirement of V. G. Wood bury from the management of the Wood h.iry company, unuoum ement is made thai tlio company win ruorgumze and tne nainu of the nun ue ciiangrd to thai u( tne A. E. liunler Co. A. E. Hunter of Superior. Neb., will become interested in iris linu and assume ine nuuiagemsni. At the regular meeting of Harmony chapter, No. &, Order of eastern Blur, me fallowing omens were eleiied for tne en suing year and will be installed Monday evening. January 1: Wormy matron, Mrs. Chan.. E. Waiters; worthy patron, W. H. Kulpack; assistant matron, Mia A. B. Cook; secretary, Mis Emma G. Putter: treusurer. Mrs. Bennett: conductor, Miss Cr.taJ Dingle; as.i.tanl conductor. Miss Cora Grener. member on the executive committee, which j has the real power of the association, and will then be made chairman. W. H. Bctx of Cornell is a candidate, but four years ago when the college men had tho office a Methodist college man held the position, and the denominational schools object to its going to a Methodist again. This leaves Main of Grlnnell with no se rious objection made against him. boost to t'nre Food. The objections of the retail grocers to the pure food bill on the ground that it would assist the mall order houses to do a bigger business because by doing Inter state business they could not be reached by the state law Is being turned to account by tlie friends of the pure food measure. The wholesale grocery firms will be reached by lining tho retailer, who will j then refuse further to do business with tlie wholesaler unless the firm pays the tine. The friends of the bill have made an investigation und discovered by rvatch ing tho freight depots In smaller towns and by Inquiries of the agents that In any number of towns the freight direct to consumer amounts to fully 60 per cent of the total received at the town. It has also been ascertained, according to the same people, that half of the mail that goes from Iowa to Chicago goes to mail order houses. With these facts to show tlio Importance of the measure it is pro mised to require the state food commis sioner to secure samples of all foods com ing Into the state, have the same examined by the slate chemist and publish at in tervals bulletins showing the results. It is claimed that the mail order houses will then bo forced to conform to the pro visions of the law the same as all others. Membership Clause Questioned. At the convention of the Iowa , Stats Traveling Men's association, to be held hore next month, there will be a lively discussion of the membership clause of the constitution. The membership clause admits traveling salesmen and "any per son who has been so engaged in tne busi ness of traveling by public or private conveyance as a buyer, collector or so licitor for himself or any other." Cnder tho Interpretation that they are solicitors and collectors of Information, state offi cials and employes have been admitted to membership, Including Auditor of Slate B. F. Carroll, State Dairy Commlsslouer H. IL Wright and others. Including slate officials, it Is claimed that about S.0U0 of the membership of 23,000 have been ques tionably admitted. If not legally admitted they are not entitled to the benefits of the society, and if not entitled to the ben efits they are entitled to the return of their money, which has been 39 a year. This would bankrupt the order and hence there is a grave question as to the out come. Teaehont for Chairman. H. E. Teachout, representative from Polk county, Is slated for chairman of the com mittee on municipal corporations of the house, one of the important committees, to succeed tho late Representative Bu chanan. Mr. Teachout is the ranking member of the committee. Bill Abolishes Delegates. According to Representative Emory Eng lish of Mason tJlty. who was the author of the present primary election law, says the state wide bill which will be Introduced at this session of the legislature will sbol- ceremopy by the viceroy, luan Shi Kai. The farewell at the station was a pic turesque one. Many mandarins, dressed In their ceremonial robes of sables and wear ing peacock feathers, were present, nnd a detachment of Yuan S"hl Kal's crack troops acted as a guard of honor. The negotiations of tho Chino-Japaneso treaty makes it clear that Yuan Shi Kal has Inherited LI Hung Chang's place as the mainstay of the throne, as he attended all tho meetings of the commissioners and led In sll tho discussions, notwithstanding the fact that the Foreign office nominally conducted them. The ceremonial observed by Baron Ko mura and Ids retinue while In Teklng greatly Impressed ihe Chinese. iiiura was accompanied hy General Fuku shima and II. W. Denlsnn, and the ne gotiators never moved without a large and Imposing escort. Opening of sixteen Munchurian towns to foreign trade under the terms of the Chlno Japanese treaty will take place at the end of the eighteen months ullowed by Japan for Russia to evacuate that territory. Turbine Has Good Trip. LIVERPOOL, Deo. 21. Tho new Cunard line turbine steamer Cannanla arrived In the Mersey from New York at 7 this morn ing, after a most successful voyage. Not withstanding the fact that heavy weather cutting away of a part of the palm of the hand constitute a total loss of the hand within the meaning of a by-law of a mu tual benefit association, which provides In demnity for any member in good standing suffering "by means of physical separation, the loss of a hand at or above the wrist Joint." USfcJ. City of Central City against Mar quis. ESror, from Merrick. Affirmed. Al bert, C. Division No. 2. 1. Repeals by Implication are not favored, and where two acts are simply repugnant they should be so construed, if poa-ible, that the latter may not operate as a re peal of the former. J. Sections S130-L Cnbbey's Annotated Statutes, 1903, being chapter 72, laws of 1KX7. do not operate as a repeal of that riortlon of section 875, pertaining to the lability of counties and cities and villages for tho construction and repair of bridges. 3. The torm "bridges" In said section S756, does not Include the approaches there to. 4. Evidence examined, and held sufllolent to sustain a finding of constructive notice of the defective condition of a bridge. 5. In an action to recover for personal In juries resulting from the detective con dition of a bridge. It Is not error to In struct the Jury that actual notice to ttie municipality is not necessary, where ''the defects are ef such a nature or havo ex isted for such a length of time that they might, by the exercise of ordinary dili gence, have been discovered and repaired," etc. 6. A party attempting to cross a bridge which is a part of a highway, in the ab sence of notice to the contrary, or facts sufficient to put him on Inquiry, has a right to assume that it Is reasonably safe for the accommodation of the public at Baron Ko- I lurg" in the various occupations pursued in ine locality wnere ine Dringe i. suuniea. 7. An expert witness will not be permitted to usurp the functions of the Jury. laSH). Linton against Cooper. Error, Douglas. Affirmed. Ames, C Division No. 1. 1. A court has no power or Jurisdiction upon dismissing a cause without prejudice to a new action, to adjudge thut such new net Ion shall not be subject to the defense that It la barred by the Btatute of limita tions. WW! Central Granaries Company against Ault. Error, Gage, Reversed and re manded. Jackson, C. Division No. 1. Al bert. G., concurs separately. 1. Whether It Is Incumbent upon a master to warn his servant of the hazards at tending the business In which he is en gaged, must be determined from the facts and circumstances shown to exist. A ser- encountered tlie ruLssencrers rennrt that vant who from . the length or character .v,. . , .. .."., r " ,,,-lr Previous service or exneriei the vessel was steady and comfortable throughout the trip. The salon passengers left Liverpool at 3 o'clock this afternoon by special train. Child's Life Saved by rhnmberlain'a Couah Remedy. Mrs. John Englehardt of Gera, Mich., tells of the anxious moments spent over her little I-year-old daughter who had taken a hard cold, resulting In croup. She says: "I am satisfied that If It had not been for Chamberlain's Couiih Remedy she would I have choked to death. I gave this medicine every ten minutes and she soon began to throw up the phlegm. I can recommend It In ihe highest terms, as I have another child that was cured In the same way." WATCHES. Frenzcr, I5th and Dcdge. FORECAST OF THE WEATHER Fair Mondny and Tuesday Is the Prospect for Western Section. WASHINGTON. Dec. 24.-Forecast for Monday and Tuesday: For Nebraska. South Dakota and Kan sasFair Monday and Tuesday. For Indiana and Illinois Fair snd warmer Monday; Tuesday, fair, fresh southwest winds. For Colorndo Fair Monday and Tuesday. For Wyoming Fair Monduy and Tues day except snow In extreme northwest por tion. Missouri Fair Monday and Tuesday. For Iowa Fair Monday and warmer In north and east portions; Tuesday, fair. Ixieal Record. OFFICE OF THE WEATHER BUREAU, OMAHA, Dec. 24. Official record of tem perature and precipitation, compared with the corresponding day of the last three years: 116. lfirn . lyflj. io(C. Maximum temperature.... 4-i 27 44 .15 Minimum temperature.... 19 If? 3 .4 Mean tetmperature 32 22 32 2') Precipitation 00 T .' .00 ice may be presumed to know the ordinary hazards attending the proper conduct of a certain business, Is not entitled as sn absolute right, to the same or similar notice of dangers incident to the employment as If he was Ignorant or Inexperienced In the particular work, and this rule applies to infants as well as adults. !. Tlie master is required to provide only such facilities and conveniences for the use and operatfton of machinery by his employes as are in common and general use. 3. Whether the master is guilty of negli gence in not providing a safe place for his servant to perform ths labor required of him, is a question of fart for tlie Jury, but what is competent evidence to estab lish that fact Is a question of law for the court. ISMS. Lange s gainst Royal Highlanders. Errom. From Seward. Reversed and re manded. Oldham, C. Division No. 1. 1. Where a member of a fraternal benefit association agrees to be bound by subse quently enacted by-laws, such contract will be upheld when the subsequently enacted by-laws are reasonable In their nature and logally enacted. 2. A subsequent by-law legally enacted providing for tho forfeiture of a fraternal benefit certificate when the death of tlie member is occasioned by suicide, whether sane or Insane, Is a reasonable by-law and will be upheld. 3. A subsequent by-law providing for a forfeiture will be strictly construed against Ihe association, and It passed in contra vention of the provisions of the statute governing such associations it will be held void and of no effect. 4. When the exercise of corporate power has been regulated by statute tne corpora' Ish the delegate system. The count of the from tn, normal at Omaha since March 1 votes at the primary will determine the : ana comparison witn the last two yeurs: selection of a candidate and delegates to the state convention will be provided If st all only for the purpose of drafting the party platforms. (;vernor I rstes Pure Food Law. Governor Cummins' message to the state legislature will recommend the enactment of a pure food law. Tlie governor has lately Inquired Into the matter with con siderable care, and It is ascertained from those who have conversed with him on the subject that he Is strongly Id favor of such a law. Many Renters la Iowa. The agricultural statistics published in the census volume soon to be ready for distribution shows that there are 13S.224 farms in the state occupied by the owners and TO.ft'iO occupied by renters. There are 19.82,404 acres, valued at $91fi.204,t36. occu pied by the owners and ll.2in.448 acres, valued at $307,902,214, occupied by renters. The 'total value ef farm lands, buildings and Implements is ll.?20,G9,732. The num ber of head of cattle of all ages is 4.7M.S22. and the value $3n,s97,24. As regards na tivity the native born white farmers are shown to own 93,651 farms and the foreign born white farmers own 40,007 farms. Was Hearst's Manager. A. W. Maxwell, who has been appointed by President Roosevelt receiver of the pub lic moneys at Lawton. Okl.. was the chairman of the state central committee of the democratic party of Iowa during the last presidential campaign, and favored Hearst. On the nomination of Parker he left the democratic party and supported Roosevelt. Ha resided at Seymour before leaving for Oklahoma, Asks for Rehearing. Jennie M. Tuttle has petitioned the su preme court for a rehearing in the suit brought by her against the Iewa State Traveling Men's association. The suit in volved difficult legal questions and has at tracted considerable interest. Rnln- pollcv had attached thereto a memorandum ' to the effect that the company issuing the policy would not assume any risk cd ac count of the death of the Insured until the Insured had arrived at tlie age of 15 years and Is examined by an examiner : of said company and tlie examination ap proved by tlie medical director. Is not void. !. In the case stated, whie the com- pany Issuing tlie policy received and re- ! tained the second premium from the insured , after he had arrived at the age of 15 years, without requiring the medical ex- i animation as stated in the memorandum and provided for by In Its artic les of lncor poration. Held. In tlie absence of fraud, that tho medical examination was waived, i 14022, Lee against Storx Brewing Com- I pany. Appeal. Douglas. Reversed with directions. Oldham, C. Division No. 1. 1. While as between the debtor owing i several debts and his creditor where the former, at the lime of payment of a sum of money, fulls to designate the debt on which It is to be applied, the latter may do so, yet there Is on exception to tills rule, as where the money was received by the debtor from a third party whoso prop erty would be liable for the debt In case the nionev was not applied upon the third partv's liability. Crane Hros. Manufactur ing 'Co. against Keck, 36 Nobr., bKl, fol lowed and approved. 2. In a proceeding to foreclose a lien for materials furnished and used In the construction of a building under the pro visions of Section 7191. Cobbey's Annotated Statutes, a general denial of such lien by tlie owner of tho buildina Is sufficient to put tho material man on proof of the I amount actually due for such material fur nished. 13737. Full against Fall. Appeal from Hamilton. Affirmed. Sedgwick, J. Barnes, J., dissenting separately. 1. The court of one stato cannot by its decree directly affect the legal title to lands situated ill another state, but "if all the parties interested In the land are brought fiersonally before a court of another stale, ts decree, establishing their equities in tlie land, would be conclusive upon them and thus In effect determine tho title." Dull against Blackmail, l'S U. S., 243, lh Sup. Ct., Rep., 333. i. W hen tlie courts or a sister state nav- lng Jurisdiction of the parties, and of their equitable rights In all of the proiierty owned by one or both of them, by Its find ings and decree determines those rights, such decree must, under the provisions of the federal constitution, b given full faith and credit by the courts of this state. 3. The statutes of the state of Washing ton, quoted In the opinion, as construed by the courts of that state, give ihe courts jurisdiction in the trial of a divorce case I to make distribution between the parties of all of tho property possessed Jointly or severally by the parties, upon principles of general equity, "having regard to the re spective merits of tho parties, and to the condition In which they will be left by such divorce, and to the party through whom the proiierty waa acquired." When both parties to the divorce proceedings in that state have appeared before the court, being a court of general Jurisdiction, and have asked the court to distribute their property Including land In this state, and the court by Its decree has done so. Its decree Is con clusive of the equities of tho parties In the real estate situated In this state. '. Possession of hind Is notice of equities, and a purchaser of land from one not In possession takes It subject to the equitable right of one in possession thereof. 14025. Reynolds against Hickgauer. Ap peal from Boyd. Affirmed. Ictton, C, Division No. 1. 1. Whero a purchaser of real estate has procured the execution and delivery of a deed by Improper means und by false and fraudulent representations, which are relied upon by the grantors, the gruntors are entitled upon an Immediate reclslon on account of the fraud to have tho deed declared void and the title to the real es tate quieted In them. 14T.&9. Yoesel ngainst Rleger. Appeal, from Richardson. Affirmed. Ames, C. Di vision No. 1. 1. When a testator devised lands to his daughter in fee, but with a limitation over by way of executory devise in favor of her brothers and sisters, contingent upon her dying within a definite term of years with out surviving Issue, and the daughter died within the specified term, leaving such is sue, the latter succeeded to the. estate of Its mother In fee simple. New Woman's Shoe The newest and most popular shoe for women'g wear this winter Is: the GI X MKTAL CALF. It s a dull finish calf leather, made In button and Bluchar cut; new drop toe, full extension sola, extra or medium military heel. Price, $3.50 Don't buy your till you see it. winter ahoea 1419 Fartiam SI. U CHRISTMAS IN A DRUG STORE There are Iota of things In a drug store nil the year around that ronko suitable and acceptable presents. We mention a few things to be had at out drug- atore: Hand Mirrors, 50c to JS. Hair Brushea, 25c to $3. Military Brushes, $1.50 to $4.50 pair. rerfumea. 10c to $S bottle. Writing Paper, in pretty boxes, 2."o to $'J.nO box. Purses and nand Bags, 25c to $2.50 each. Taney Whisk Brooms, 25c to $1. Cigars by box at wholesale prices, boxes contain 12, 2."i. 50 and 100 cigars, prices from 50c to $15. CAXD1KS A great variety of choice brands, bon-bons and chocolHtea. Gents' and Ladles' Traveling Cases, $1 up. Sherman & McConneli Drug Go. COR. 16TH AND DODE. BIG FOUR. ROUTE (New York Central Lines.) Leave St. Louis DAILY For CINCINNATI 6:17 a.m., 12 Noon, 9:30 p.m., Ilp.ra For NEW YORK, 8:17 a.m.. 1:00 p.m., 11 p.m. Through Sleepers, Dining Cars, Par lor Cars and Day Coaches. This la "the route that gives the service." 0. W. GREEN, T. P. A., Kansas City, Mo. . Ticket office, Broadway and Cheat nut Sts., or address C. L. H1LLEARV, A. Q. P. A., St. Louia. TWENTIETH CENTURY FARMER Heat Farm Paper Subscribe !Tow. Tern. fall, ill .00 3i .on ? (m .fi 42 .)i :w .mi 42 .un 4 .00 4 .0(1 .on M .It) . 2 .00 .On 44 .00 28 .1.) j DIAMONDS. ITenaer, ietn n4 IM, Farmer Froara to Death. WEBSTER CITY. la., Dec. :t.- Special Telegram.) The body of Aaa, Jonea, a pruiulnent farmer reading norlli ot thla Normal temperature 13 r.xceas for the day Totsl excess einre March 1 filS Normal precipitation 08 Inch Pendency for the day 03 Inch Total rainfall elnce March 1 ?7.39 Inches Pefirtency since March 1 2.t3 inchea Deficiency cor. period. 1S04 6.51 Inched Exceaa cor. period, V.03 2.24 inchea Reports from Station at T I. M Station and State Tern. Max. of Weather. 7 p. in. Blamarck, clear Cheyenne, clear ,. 2ti Chlcnuo, part cloudy 24 Davenport, cloudy '.'4 Denver, clear 34 Havre, clear 3 Helena, clear 3 Huron, clear ;io Kansax Citv, clear North riatte, clear 3o Omaha, clear 41 Rapid City, clear 32 St. (xiuls, clear 34 St. Paul, clear 2 Salt Ike, clear 24 Valentine, clear ti WIUiMon. clear 26 T indicates traoe of precipitation, indicates below i.-ro. L. A. WELSH, Local Forecaster. Dizzy Spells That dizzy spell is an Important message from the heart a plea for help. If tills ini'.MsaKi- receive no attention other come: Bhorlnea of breath, palpita tion, weak' or fainting spells, smothering or choking sensations, pains around the heart, in wide or shoulders, and eo on, until It receive the necessary help, or 1 com pelled to five ujv stop. Vou may furnish thin aid with Dr. Miles' Heart Cure which cure heart diseaae In every stage. Every day we read of sudiien death from heart disease, yet It Is a fact that the heart had been pleading for help, and gave up the strunifle only when it had e hausted tlie laat jik of vitality and they iu it Buoaen. "For more than six year I was troubled with my heart. I would have dizzy spells, then difficulty in breathing, choking ennt tions. my heart would turner, become pain ful. I could not breathe lying down. I commenced taking In-. Miles' nart Cure. nd Id a few week I w.i entirely cured." MINNIE E. JOHNSON, Olivia, Mian. Jhe nrst bottle v. ill len( Bt. If uol, tile uuivt ui iiurn jruur uione TO NEW YORK OVER NIGHT The 20th Century Limited Via the LAKE SHORE and NEW YORK CENTRAL The Route of the Government Fast Mail Trains , CHICAGO - NEW YORK 18-HOUR. TRAIN IT SAVES A DAY FROM LA BALLB BT. STATION CHICAGO Leave Chicago at . Arrive New York at 2:30 p- m. 9:30 a. m. FROM ORANO CENTRAL BTATTOTf THE ONLY TERMINAL, IN NEW Leave New York at 3:30 p, Arrive Chicago at 8:30 a- m. W. J. LYNCH, Passenger Traffic Manager, Chicago, 111. i3EW TRAIN VIA Leaving Omaha at 11 P. M. daily, arriving at Cedar Rapids 6:10 A. M.; Clinton 8:15 A. M., and Chicago 11:55 next morning. "THE BEST OF EVERYTHING." Other Chicago trains at 8 A. M., 11:30 A. M., 5:50 P. M. and 8:38 P. M. City Offices, 1401-03 Farnam Stree I