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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 2, 1907)
TUB OMAHA. DAILY BEE: "WEDNESDAY, JANUARY 2, 11)07. 6 RID HERMAN KNOCKED OUI Joe Gang WiDi Firht at Tonopah in the Eighth Eound. CHICAGO UD CLEARLY OUTCLASSED It Was Evident from the Start that II Ha No Cfaaace to Win Attendance at Contest la mall. TON OP AH, Nev., Jan. l.-Jee Oana fought true to tha "dope" today. After playing: with Herman (or eight round the champion landed a full awing on the point or Herman'a jaw and Chlcago'a fa vorite fighter went to the mat a beaten man. It waa apparent from the atari that Herman had no chance. Oana blocked hie blowa with the greatest of esse and at no time waa Oana worried In the least. In tha first round Joe started to feel thlnga out Herman was willing to fight, but the champion stalled him off. In the sec ond round Oana started to open up. The Kid's attempts to land all ended In failure. Oana blocked - Herman's leads with glove and elbow, and when the opportunity presented ltaelf ahot right and left Jolts to hi opponent's face. Tha third and fourth rounds were repeti tion of the second. ' It waa plainly seen that Herman, the ahort-ender, the "under dog," was the favorite with the crowd. When the Kid landed a blow the crowd cheered wildly. Oana only drew the ap plause when he fought his cleverest. In the fifth round Oans, having measured his man, slowed down. This was the only round where Herman made any showing. The Kid waded In and swung hard rights and lefts at the champion. . Oans speared careless and a number of the blows landed. The crowd cheered madly for the Chl cagoan at the end of the round. Herman Down anal Oat. The sixth snd seventh rounds were all Oans. In the eighth Oans started out by feinting and drawing Herman's fire. They fiddled around the ring until Oans worked fighters prepared for action. Time called at 4:05 p. m. Klaht ay Ronnda. Round 1 Herman led for the body, missed and they went to a clinch. The men sparred and In a clinch Herman sent nis right to tha kidneys. (Jam then drove a wicked right swing to the jaw and fol lowed it with a right to the head and they went to a clinch. At close quarters Her man hooked his right to the head. Herman missed a left f'r the body and quick aa a flash Oans whipped a right and left to the nose, bringing a thin ft ream of blood from that organ. Oana swung a terrlrto right to the face and walloped Herman with right to the ribs. Herman aa the gong rang planted hia left to Oans' face. The round was Oans', but Herman started con fidently as he took his corner. Hound 2 Herman covered up and they worked to close quarters, Herman landing right and left to body. The men then mixed it and a furious rally followed. Her man had the better of an exchange of body blowa. More Infighting followed. In which both men displayed cleverness In blocking. Herman swung left hard to ribs, Oana re taliated with two hard rights to Jaw and forced Herman to clinch. Mixing it Oans drove right to ribs and sent Herman stag gering hack with a right to the neck. As the gong rang Oans lilt Herman on the face with a right and shook hands with Herman in an apologetic manner. Not content with this apology Oans walked to Herman's corner and again shook hands with him. Oana' round slightly. Three Knockdowns for Gana. Round S Herman after a clinch swung a hard left to head and they exchanged right swings to face. Oans nearly floored his man with a right to neck. Herman was in quickly and tried right and left for the body, but received a left to the fnoe that would have sent him outside of the ring naa tne ropes not saved him. CMns fol Ham Demetral. the local Oreek wrestler, divided honors In a match here today. Demetral won the first fall In twenty-seven minutes with the reverse half Nelson and headlork. Pons took the second In nineteen minutes, using the half Nelson and heart lock. The third bout waa declared a draw, owing to the fatigue of the contestants after thirty-five minutes of wrestling. ISTERXATIOXAIj CHESS THOnil Terms of Deed for Rico Gift for I'nlrerslty Tonrnameats. NEW YORK, Jan. 1. At a meeting of Columbia, Yale, Princeton and the Tri angular College Chess league held today the delegatea drew up the articles of a deed of gift which shall hereafter govern the Rice International Chess trophy, valued at I1.3U0, which will agaJn be played for on March 23, when Oxford and Cambridge will be called on to defend It against a team selected from the ranks of Columbia, Harvard, Yale and Princeton. The title to the trophy will rest In a board of trustees to consist of eight mem bers, four to be selected from the alumni of the American colleges and four from the alumni of Oxford and Cambridge In pro portion of two each, these to be annually elected. These trustees will receive the trophy whenever won by the representa tives of their country and disposed of in accordance with the regulations. The American members will be limited to the alumni of Columbia, Harvard, Yale and Princeton. The board will further have entire control Of the management of the matches and have power to select the play, ers. Any player attending any recognised university in tho United States, England, Scotland, Wales or Ireland, Irrespective of nationality will be eligible for the match. Challenge must be Issued before January IS of each year. In case of a tie match revert to the donor or his heirs. SEATTLE WINS FOOT BALL GAME VI. ....,-... I.I. . ,.,. , T fnlntori ... i . .t. vu ' ,ij, i,'k ropes with a volley of left and right swings with hU left, the Kid awung wildly with to the jw and faee Herman sent straight hia left. He left an opening. Like a flash left to the face, but Oans countered with Oana whipped a left and then a swinging two hard rights to Jaw, and in a mlxup , . . mmt. ,K. .. nf , v,. ... that followed Oans outpointed hia man, right flush on the point of the Jaw. Her- landlng rlght ,nd Ieft hort grm blow, t(J man dropped like a log with his face jttw- The gnng en(jea an even round. Her- . burled In his hands. He lay motionless man's showing thus far had been very w- - . - a ,k. i wnlbA good. . .i m. eU. . ... ....... - -- "Round ft-Oans cleverly ' blocked various away; It was all over leads by Herman and peppered the lat- Nate Lewis ran around the ring to where! tee's face-and body with rights and lefts the Kid lay and begged him to rise. Her- ?t eipse range. Both men were very cool, man heeded not the words; he waa sense less. At the count of ten Lewis and Ryan car ried their protege to his corner, where three minutes elapsed before he came to. each country will be entitled to the trophy lowed with short-arm right and left body for months. If no challenge Is .Issued blows. Oans sent Herman to the floor with in thF? successive yeare the trophy will left hook to ribs. Herman, however, waa off balance and the blow left no telling effects. Oans had the better of the round by far, but Herman showed little algna of distress. Round 4 After a clinch Herman swung right to ribs and left U stomach. They mixed at close range and Herman nettled Oans with short-arm right to head, loth then missed terrific right swings and Her man landed left on the stomach. Oans planted right to Jaw with great force and they exchanged lefts to stomach. Her man swung hBTd right to Jaw and fol lowed It with a heavy left to stomach that made Oans wince. It waa an even rpund. Hound 6 After a half minute's sparring Herman swung left to the body, following it with right to the same place, and then rushed Oans into a corner, landing right and left high on the body. Oans then shot out his right and It landed on Herman's Jaw. The latter, however, sent the crowd Into paroxysms by driving Oans to tho ChJcasro Hlgk School Team Defeated Eleven to rive. SEATTLE. Wash.. Jan. 1. Playing fast foot ball on a wet field the Seattle -High school fpot ball eleven defeated the Chi cago North Division High school team at Madison park this afternoon by a score of to a. Tne teams were well matcnod. there being little to choose between them. Chicago demonstrated Its sneed and on a dry field they would have outshone Seattle, nut I or general nam loot- ban tne nome team proved the better. Chicago scored n the nrst twelve minutes, when Pursell made a sensational catch and run and made a touchdown, passing five Seattle players who tried to tackle him. Near the end of the first half Seattle worked the nan into Chicago territory and on a for matlon It was snapped back to Westover and he was hurled across the line. Neither of these downs waa converted. In the second half Seattle outnluved the Chlcagoans, who, however, put jp a stiff game. With one minute to play and on the third down. Smith was sent over the line for a touchdown for Seattle. Covle kicking the goal. The game waa for the chamDlonshlD of western America, tne title going to Seattle. Bix tnouaana people saw the game. but Oana face bore a determined look. Her man warn on the aggressive, but received a right hook to the Jaw that sent his head back a foot. "Cover and fall In." came the Injunction from Herman's seconds as Oans at long range drove his right again ana again to tne kui s tace. uans also Herman waa outclassed from the start I sent Herman through the ropes with right tn h. flnl.h Me never had a chance "" lo jaw. onns naa a Dig ieaa , . 7 . . . I in this round and Hernia and ha will never have a chance when he I alr HS he gought his seat. meets a man oi umii caiioer. n, ..s..v clean Knockout for Gana waa not Wlinoui lis inciuems. iu. nnllnd 7Wermn oneniwl thA rntinrf vrlth heaviest betting developed at the ringside. eft swing to ribs, but Oans more than got In the second round the men were mill- even with two rignts ana a left to Sd. Total. lng It fiercely when the gong sounded. Herman heeded the bell, and stepped back from a clinch. Oans, not hearing the bell, landed a hard right on the Kid's neck. Tha crowd arose to its feet and biased and hooted. It waa then that Oana realised what he had done. Like the gentlemen that he is. Oans faced the crowd and made a public apology. Not content with It, Oana went to Her- the stomach. Herman rallied and landed his left and a right over "he ribs and they clinched. Oans forced the fighting and, getting Herman against the ropes, planted right and left to face. Herman fought back wildly and as he closed In Oans met him witn a terrinc ngnt uppercut to the face that left Its mark over the right eye, Oans followed his man to a corner and they exchanged kidney blows. The bell clanged as they were sparring. It was Oans' round and he looked like the winner. Round 8 Oans sent a straight left to the face and Herman retaliated with right to Jaw and left to ri". uans merely shook Scores In the singles and doubles of the city championship bowling tournament SINGLES. 1st. Cochran 198 Forscutt 1(W Seaman ; 202 Krltscher 219 Tracy 213 Harper 177 Anderson 210 White 172 Brunke 212 Lehman 191 Hartley 161 Weber 189 DOUBLES. man's corner, and, grasping the Kid's I hia head and followed his man around the hand,' explained that he had not heard the - gong. Hisses changed to cheers as Oans returned to his seat. v'l After' the ' fight, when- ho came to, Her man said: ' "There la no getting away from It, the 'v beat man won. I made the best fight that waa In me against a superior man. I can not deny that he Is the best man, and I do not grudge him his victory." Oana bore hia easily won honors with the best of grace. "It waa Juat aa I expected," said the champion. "I had Herman out classed. He was game, but he never had a chance to win." ring, cornering him, but falling In atttempts to land. Suddenly Gans shot out his left and right squarely to the Jaw and his man dropped as though hit by a board. He mada no attempt to rise. , .It .waa aa clean a knockout aa ever took place in a ring, EVEKTS OJf THE RINSING TRACKS El fall Wins the New Year's Handicap at Kew . Orleans; NEW ORLEANS. Jan. 1 The talent re ceived a hard rap at the fair grounds to day, only one favorite winning The fea ture of the card was the New Year's handl- -cau. won hv Elfall In an almost neck and neck finish with Olid, a heavily played favorite, nnd Pompadour third. Pefore the f-tart of the second race Sir Mincemeat A bet of 11,600 to 2500 was made at the I broke through the barrier and ran all the ringside, Zeb Kendall, a local broker, taking the short end. Mark Fletschman took the Oans end. Betting went on freely around the ringside. Three to one with Oans the favorite were the ruling odda, The preliminary ten-round bout between Lew Powell and Adam Ryan waa a draw, Speech by Jack O'Brien. Announcer Oardner then took the center of, the stage and shouted to the audience the rules which covered the contest. Ho announced that the contest would be finish fight and that the fighters would Kght with one arm free In the clinches. Herman was presented as the pride of Chicago and Oans Introduced as the light weight champion of the world. Jack O'Brien, In response to the Importunities wav around the track. In the same race at the finish Monet was bleeding at the mouth and was believed to be seriously injured. Weather cloudy, track last. Ke ults: First race, six furlongs, selling: Wood saw won, Lady Henrietta second, pity th rd. Time: l:Uk. Second race, five furlongs, handicap: To boggan won, Alencon second. Meadow Brecxe third. Time: 1:03. Third race, three furlongs: wnlsk Broom won. Oremx second, Hazel M. third. Time 0:36. Fourth race, New Years nanaicap, one mile and seventy yards: . Kirall won, and second. Pompadour third. Time: 1:46. Fifth race, one mile: Phil Finch won, Henry Watterson second, Besterllng third, lime: i:u. v Sixth rnoe, one mile and seventy yards, selling: Qulnn Brady , won, Oause second Henry Rosworth third. Time: 1:48. BAN FRANCISCO, Jan. L Results at ... k. . ,. ... ,i, I Emeryville ...... -" "- ret race, six and a half furlongs: Lord and made a neat speech. O'Brien said: I Nelson won. Prestige second. The Mighty Laies ana gentlemen: i wisn you an I tnira. nme: i:iu a happy New Year. I have been offered a I Second race, one mile: Beech wood won, substantial purse to fight In Tonopuh in I Dorado second. Alma Boy third. Time tne near ruture ana i nope tnai tne matcn I i:vfc, Third race, three furlongs: Firestone won, Raconteur second. Bunker Hill third. Time: 0:3t4. Fourth race. New Teara handicap, one mile and an eighth: Proper won. Ramu second, Ixigistilla third. Time: 1:66V. Fifth race, futurity coue: vm will be realized. I do not care with whom; 1 am prepared to meet any fighter on arm.' Manager Riley waa then presented and was given a handsome reception. But It remained for Tex Rlukard to draw from tha crowd tha most spontaneous enthus- won- Bnnposal second, Burleigh third, laam. Rlckard. through tha announcer. h!JVk i . gave notice that be would give a purse of tunua won. Governor Davla second. Ciamo IM.OOO for the winner of the Oans-Herman mini, nme: 1:47. e-h u-.n xT-i. ti w. I 1 o AAUtUA Jan. 1. Kesuita ... . . , -" ' . " " t-'l r. , run. t A mil.. a r n juut of tha Casino Athletic club, stated Parvo second. Sheriff Bell third. Time: 1:45. Second race, three furlongs: Katie Rains won. Kismet Junior second. Magazine third. lime: o:. Third race, one mile: Elizabeth F. won Niblick second, Belvolr third. Time: rourtn nice, one nine and a sixteenth Rose stakes: A. Muskoday won. Cigar. ngnner aecona. liorgaiette tnira. Time: 1:4. Fifth race, one mile: Adonis won. Ran nell second, BuHhwhacker third. Time: 1:48. Sixth race, futurity course: Confessor won. Ila second, . Susannah third. Time l-.u. that he would go Rlckard J5.000 better and thla would atand for any purse offered by another promoter. Manager Riley stated he would offer a purae of $30,000 for a match between Jimmy Britt and the winner of this afternoons contest. Oans replied that he would ac cept the offer if he won today. Herman replied by saying he 'would meet any lightweight In the country. At 4 p. m. the fighters stripped and posed for the pictures. Pons and Demetral Draw. At tot t. rln ... ..- I .uutAw, j.n. i.-i nm., ine rrencii . v.i . I champion heavyweight wrestler, and Wll nn JVA If you need special medical attention you should exercise Judgment to the eitent you value your future happiness and success in life. Don't make a mis take at the beginning. READ i the announcements in The Bee Mondays, Thursdays and Sun days of the STAT MEDICAL INSTITUTE DCTE3S for TJ3Eua1 Call and Do Examined Free or Write. 1303 Farnam St., Between 13th and 14th Sts., Omaha, Neb, IVruianeutly EatabUkhed la Omaha, Nebraska. i i7 f . " ; ' V I ' -i WITH THE BOWLERS. 2d. 236 167 157 180 300 200 194 114 123 218 lfi6 154 19 158 i 216 16 223 221 144 210 16S 193 183 SAFE AND SINE YEAR AHEAD Careful CbMrvar Predicts Cjola ef frso- tloal Benefits to AIL DEAD LETTER RESOLUTIONS DOOMED tacking; Carfa and Deallna- from the Bottom ef the Deck Will Become Obsolete Before December 61. "I can see a aane and safe year ahead of us," remarked the Careful Observer Tuesday morning- when he and the Uldest Inhabitant made their appearance on the publlo thoroughfares with new woollen mit tens and a large red apple each. "While 19C6 waa the most eventful year In these United States since Chris Col umbus came over In one-four-nine-two, 1907 promisee big things, and I believe there will be a new deal all along the line. This business of dealing from the bottom of the deck and stacking the cards will have become obsolete before the year la over. It will be possible before the end of the year for a person , to leave a bunch of shingles or a ham on the back porch over night and find it there In tha morning," continued the Careful Observer by way of a prelude. "One of the really healthy signs of the times Is the true estimate placed on New Tear resolutions, which are, generally. snares and delusions," added the Oldest In habitant. ' No More Dead Letter Roles. "Time was when It waa the fashion for everyone, from the toddler to the octo genarian to swear Off from one to four teen habits. The housewife would resolve to be more considerate of her neighbor, and on January 6 she would fall from grace by counting the pieces of washing on her neighbor's line and on January 7 she would tell the same neighbor what she thought Of persons who played their phonographs at mHnlght. The husband would swear off smoking at 12 o'clock New Tear's night and resolve to save his money and buy the wife a new hat. On January 8 he would begin smoking again and buy his cigars by the gross or carload lots and let hia wife hurry down a back street so that the neighbor over whose phonograph she had become exercised would not have a chance to throw things at her or call her family out for a bird's-eye view of the neglected headdress, "And, so, I say, this fashion of swearing off at New Tear's time Is becoming a thing of the past. People are realizing that there Is no time like the present In which to Improve each shining hour and to put Into practice the great 'moral awakening' which Is sweeping the country from the Oreat White Way in New Tork City to the ring side at Tonopah. Everybody is going to be good during 1907. The railroads and other S1J ! corporations are on probation and the 600 625 4:) 645 674 610 697 1st. 2d. Frltscher 178 180 Hartley 23 177 Totals 414 867 Cochran 201 206 Anderson 182 2o8 Totals 883 414 Seaman 184 214 Lehman 164 162 Sd. Total. Totals Harper Tracy e 330 198 fiS 134 211 . 17 171 182 363 17t 189 160 180 167 847 198 v2l4- 629 696 1,124 678 t: l67 660 493 630 . 804 Totals ....,......'... 409, SIS 413 1.184 In the five-men tournament on the Metro politan alleys last night there was quite variety or bowling, good, bad and in different. While there were a fow who did well, there were some , who had bud luck. Little Daddle Chandler, this being his second time on earth, had to show them all how to get tha pins. He also stands a good chance of winning the dia mond medal. Toung John Bengele of the Krug Parks was second high man. bowling a consistent game all the way throughout. ine f aistanrs aid not come up to expecta tions, aa there waa not a man on the team who bowled his usual score. It must have been a case of stage fright or Captain White did not keen up the good spirits. Tonight the Stors, Mets and Colts. Scores: O. D. K. lat. 2d. 8d. Total. Neele 9 128 129 366 Chandler 179 2(4 176 69 Jones li 176 194 629 OJerde 1K8 199 161 648 Bprague 171 l&u 191 643 Totals 797 - 816 FAU3TAFF8. let. td. , 186 140 , 166 149 , 176 157 , 149 153 193 176 Jay KlancK ... Beselln .. llerger ... LeVlgne , Totals 861 2,664 3d. Total. 190 147 186 216 178 616 463 619 618 646 French Marble Zimmerman Johnson ... Uengela .... 869 774 KRUG PARKS. 1st. 2d. 140 167 , 123 186 166 166 162 171 , If) 183 817 1,669 Id. Total 190 133 163 164 2U9 4X7 611 482 477 57: 851 848 2,659 Totals 800 Last night on the basement alleya of the Metropolitan the Northern Llghta and the Southern Stars played a New Tear arame. The Northern Lights started out to win all three guinea, but fell shy on pins and were beaten out by 100 pins. They will meet again next Tuesday night. Scores; NORTHERN LIGHTS. 1st. 2d. Id. Total. J. B. Shorter 166 176 196 627 Mrs. Oetea 136 121 133 891 Mrs. Lorts 143 123 123 3X8 Mr. Taylor 126 148 166 489 Totals 670 669 616 . 1,746 SOUTHERN STARS. 1st. 2d. Id. Total. Bhel Bayeser 198 1K3 198 678 Grace Hhoffer 137 183 1 23 893 Mrs. J. E. Shoffer .... 126 126 129 30 Mr. Gates 168 173 164 496 x Totals 628 611 604 1,846 Two Records Broken. LINCOLN. Neb., Jan. L Two North mau-tcun Indoor Touna; Men's Christian association records were broken here to night by the following margins: Snap for Height George Hchnurr, I feet I Inches; roriuer record s iewi uicum, High Diva Frank Winters, 6 feet Inches; former record feet l Inches. Sheriff Stops Prise Ftsht. 8HELBCRN. lnd.. Jan. 1. Bheriff Wal ters of Sullivan county . today prevented the prise tight between Mike Bchreck ot Cincinnati and Harry Rogers of Terra Haute. Fifteen hundred people were wait ing to witness tne Douu Ten-Rannd Draw at MUwaakee. MILWAUKEE, Jan. L Dave Deahler of Cambridge, Mass., and Charley Neary of Milwaukee fought a fierce ten-round draw before tre Badger Athletic club today at ua pounds. CHILDREN BURNER TO DEATH California Mother Pats Ltetle Ones to Bed and Goes to Visit Neighbor. REDD I NO, CaJ., Jan. L-Twtn boys, aged I years, and their 1-year-old sister, the children of Mrs. Stewart, a widow, living near Anderson, were burned to death thla afternoon when their borne was destroyed by Ore. The mother was visiting at the home of a neighbor at the time and at' tempted suicide when she learned ef the fata of her children. The three children. It Is supposed from the pool tiro of the charred bodies, were asleep in one bed. where their mother bad put them. The origin of the fire Is a mystery. . jumped from the rear end of tho patrol. which narrowly escaped being struck by the runaways and quickly brought the horses to a halt, but was dragged for some little distance. The officer and the team escaped without injury. SUPREME COURT SYLLABI. MANDERSON ON TflE TARIFF Not BeTiiioniit, Except to Mai DutiM to Meet Changed Conditions, Omaha city council has promised fl gas. Effect of the Pore Food Law. I am pleased with the Pure Food law," remarked the CUreful Observer, aa he nodded recognition to a man who rode last year on' a street car pass and was out on side street learning td walk. 'One of the effects ot the Pure Food law will be to cut off one of the Jokomaker's sources of inspiration. Ever since George Washington felled the cherry tree - the paragraphers have always had a subject for a Joke when the mother-in-law jokes ran out or the sweet girl graduate season waned. They would tell about the sand In the sugar, or the- Cheese that had to be tied up, or th eggs that could walk, or the sawdust breakfast food, or the sausage with a loud bark.end so on until people wished they were neck with nature, eating herbs and rooiu and playing all the eight hour day In the tree- tops, with no thought of modes and fashions, certified milk, uni versal transfers, tailor bills, slot machines, water boards, mornings after, biscuits like mother used to make, Indian outbreaks. train wrecks, steamboat explosions, being killed with empty weapons, stepping on tacks with bare feet, employers' liability act, trial marriages, pyrography, simplified spelling, Jell that won't Jell, hooky cows, mules with large feet, poorly paid teachers, graft In the city hall, mice In the butter and gas meters ttiat will not register. The Pure Food law will be a panacea for many tils, but it will not remove the causes of cold feet or dark brown tastes.' More Brotherly Love. 'One of the greatest things on the docket for 1907 Is a strengthening of the spirit of brotherly love among the 18,000,000 families or 80,000,000 persons In this country," added the Oldest Inhabitant. "I would not say there has not been brotherly love abroad In the land, but I do say that that senti ment has been craahed In the hurly-burly of commercial and social greed. At the close of 1906 the wealth of the country was 1106.000,000,000, seven-eighths of which wealth waa owned by less than 1 per cent of tho population. With federal regulation of the big corporations, such as rate reductions, no rebates, no passes, examination of ac counts and such reforms we are on the eve of a new era of American life. Brotherly love and the spirit of fairness will fruc tuate and blossom like the rose." 'Conditions are ripe for a good year. The year for each of us will be what me make of It, and for the country what the rank and file make, of it. With Teddy at the helm and Bryan booked six months ahead I think we will have a happy and prosper ous year," concluded the Careful Observer. DILLON MAKES GREAT CATCH Patrol Conductor Btoos Runaway Team at Dancer to His Own Body, A runaway team of the United States Express company was caught by Patrol Conductor Dillon about 6:90 Monday after noon as it was dashing south on Eleventh street in front of the police station. Of ficer Dillon was In the patrol wagon, which waa returning to the station and saw the frightened team attached to the regulation heavy wagon running at terrific speed. He In the sunreme court of the state of Ne- brnska, Opinions filed Dwemlxr 7, I!": 1ZJ9?. I nion memo KauroHa company against Flchpnschcr. Krror, Dawson. On rehearing, Judgment heretofore enten-d by this court vacated and set alde; Judgment of district court reveised ami cause re manded. Kerigwick, C. J., Letton, J., con curring separately. 1. This court win not set aside tne ver dict of a Jury for want of evidence to sup port it lr there is sumclent evidence in tne record, taken bv Itself, to have supported a judgment by default, unless the preponder ance of the evidence agalnwt the verdict Is so strong as to indicate that tne verdict must have been predicated upon something other than the evidence. 2. In an action for damages by nre originating In the carelessness of the de fendant, tne planum to estaonsn nis cauiw of action, must trace the fire from the place of its origin and Identify the tire which caused the damage with the nre which was originated by the defendant. lr the evidence shows several prairie nies of different origin, each of them originating several miles from the place of daniHKe, It Is not sumclent to Bhow timt It is more probable that the fire started by the de fendant waa the one that caused the damage. A verdict can not be supported by probabilities and conjecture. 13Ti92. Union Pacific Railroad company against Fichenscher. Error, Dawson, Re versed and remanded. Sedgwick, C J. larss. Lnlon Faclllc Railroad company against Foeberg. Error, Dawson, Re versed and remanded. Sedgwick, C. J. 13936. Rosenberg auainst Chicago. Burling ton & Qulncy Railroad company. Error, Sioux. Reversed and remanded. Oldham. C, Division No. 1. 1. Evidence examined and held: Thzt whether or not the defendant railroad company was excused for not fencing Its track at the unincorporated station or Adella was a question of fact that should have been submitted to the Jury under proper Instructions. z. Chicago, uuriington et yuincy nan road company against Sevcek, Neb., 101 N. W., 9X1, followed and approved. 14093. Norton against Brink. Appeal from Buffalo. Former Judgment vacated and the Judgment of the district court dis missing the appellant's cause of action affirmed. Barnes, J. Letton, J., concur ring separtely. 1, A parol agreement between two per sons to purchase a single tract of land, or "In partnership" where the purchase Is finally made by one of thorn, who pays the whole of the purchase price, and takes the title to himself, the other simply agree ing to pay him one-half thereof on de mand, does not create a partnership be tween such persons. 2, Such a contract Is within the Inhibition of section 1 of chapter 32 of the compiled statutes of 1906, commonly called the stat ute of frauds, and is void. 3, In such a ease no resulting trust arises in favor of one who contributes nothing to the payment of the purchase price. 4, Former opinion herein, Nebraska, 106, N. W., 668, overruled. 14307. Union Pacific Railroad Company against Edmonson. Error from Platte. Afllrmed. Epperson, C, Division No. 1. 1. In an action for damages caused by alleged defects in defendant's machinery, evidence of the same defective condition Immediately before and after the accident complaind of la admissible for the purposo of proving the condition of the machinery, and as to its prior condition, for the addi tional purpose of showing knowledge on the part of the defendant. 2. In en action for the negligent killing of an employe by a railroad company, al leging as the result of a defective condi tion In tne engine, evidence 01 a aerecuve condition, made at the time, and under such circumstances as to raise he r re sumption that it was an unpremedlated and spontaneous explanation of the casu alty, la admissible as a part of the res gestae. 8. To obtain a review of the rullnga of the district court on objections to alleged misconduct of counsel In addressing the Jury, the record must show, not only that objections were made, but the matter ob jected to, and the rulings of the court thereon. 4. The district court may permit a party to withdraw his rest and introduce addi tional evidence when it appears that the same Is required in the furtherance of jus tice and no undue advantage is thereby acquired over the adverse party. 14329. Letberman against Hauser. Ap peal from Sherman. Reversed and re-i' mantled with directions. Albert, C. Dl viKion No. 2. 1. The statutory provision that a peti tion for the establishment of vacation of a public road shall be signed by at least ten electors residing within five miles of the road Is jurisdictional. 2. The facts essential to the Jurisdiction of a county board to establish or vacate a road must aitirmatively appear on the record ot the proceedings. 3. A party complaining of a public nuisance is not entitled to relief by in junction unless he shows some special In' Jury to himself, different from the conv mon injury to the public. 4. An elector residing within five miles of a public road has such special Interest therein. Independent of that which he has In common with the public, as will enable him to maintain a suit to restrain the unlawful closing ot such road to public travel. 6. On the facts stated, held: That the Plaintiff had no adequate remedy at law. 14436. Kertson against Kertxon. -Appeal rrom Madison. Amrmea, .rJpperson, u Division No. L 1. When a party who claimed he had been fraudulently induced to enter Into a contract by reason of the concealment of material facta afterwarda employe counsel and after full Investigation ratifies and endorses the contract and accepta benefit under it, ne is bound by sucn ratification and cannot again question the validity of tne original contract. 2. Evidence examined and held to uphold ine judgment or me aistrict couru 14461. McMaster against Douhlt. Anneal from Dixon. Affirmed. Albert, C Division xxo. z. Evidence examined and held to sustain the findings and decree of the trial court. 14466. Wolcott against State Farmers' Mu tUttl Insurance Company. Appeal from Mer- ric.K. Amrmeo. Jackson, c, iMvislon ro. 3. L Mutual fire Insurance companies can not make assessments upon their members. aa provided in section 13 or the act of 1891, until loss has first occurred, unless such as. argument Is authorised by a two-thirds vote oi its ainciors. 1 When it is sought to avoid a policy of insurance ror tne non-payment of an as sessment not made for the payment of a toes, me records or tne company are in sufficient to establish he validity of Such assessment unless It affirmatively appears ineretroin mat tne statute lias been com plied with. 144C9. Acme Harvester Company against Curlee. Appeal from Red Willow. Re versed and remanded. Oldham, C, Division No. 1. 1. Where defendant is sued for an ac counting for goods alleged to have been re ceived under the terms of a wrltU-n con tract of agency, he may, under a general denial, show that the goods in controversy were received under another and different contract from that laid In the petition. 2.Action of the trial court In the exclu ston ot testimony examined and held, preju dlclal. 14U2. Cobbey against State Journal Com pany. Krror from uage. Reversed and re nianded. letton. J. Section 66 of the code applies to corpora tions aa well aa Individuals, and If an action Is rightly brnuirht in one countv. summons may be Issued to another county for serv ice upon a corporation. ANSWERS INQUIRY FOR EASTERN PRESS Wonld Not Revise Tariff If It Meant Abandonment of Principle of Protection to American Industries. Formerenator Charles F. Manderson has received a letter from Pierre DePaw of Nyack, N. T., a newspaper man, asking for hia views on the matter of tariff re vision and asking the polriUM1 question. "Are you a tariff revisionist?" Mr. DePaw makes complimentary reference to General Manderson's two terms In the United States senate and wanta to know what he, aa one of the old guard In the ranka of repub licanism, thlnka of the proposition to revise the tariff, his views being desired by the eastern press. General Manderson answers the Inquiry In a letter of which this Is a copy: OMAHA, Neb., Dec. 30. Mr. Florre DePaw, Nyack, N. Y. Dear Sir: I have yours of the 26th Inst, ssklng whether I am a tariff revisionist That depends upon what you mean by the term. If you mean by it the abandonment of the principle of protection to American Industrie 01 pro duction and manufacture, I am not. If I you mean a revision of tariff duties to meet changed conditions, I am. I believe this country has grown great hy taking enre of Its own by the protective svstem. which, while it has some elements of selfishness, Is justifiable, because care for our own nation is our first duty. The abandonment of protecting ourselves commercially would be equivalent to s policy that would destroy our navy and disband our army when war threatened. At this time, when labor Is demanding greater consideration than ever before In our history, for us to open our doors of Import by anything that approaches free trade, would soon bring a condition of dis tress that might lead to revolution and anarchy. It would close the doors of many of our manufactories, wipe out much of our trade and Injure not only the capitalist, artisan and laborer, but would bring down all values. Including producing farms, and the man to feel the channe finally with he greatest severity would be the agri culturist. Tariff schedules, however, do not remain perfect or desirable, and in the Interest of the best ana wisest pro tection of all our Industries, they should be periodically revised. Not often, or hastilv. but with care and after full In vestigation and patient hearing of all In terests. We have no board or tnminai to make this exploration and I doubt whether it would lie well to form one. We have Diode substantial, Indeed phenomenal, prog ress in agricultural, commercial and man ufacturing wealth, by permitting the con gress to revise the tariff, and have met distress and disaster only when a party was in contro ns; rower that would, wnue crying for a tariff for revenue only, lose sight of the protective principle, wnicn means Protection of capitalist and artisan. farmer and lODorer. ine iounaers 01 our rnnubllc set the example, for they were protectionists, and loss and trouble haa ever come to us wnen we nave rorgoiien me lessons they taught and under a cry for cheaper goods, by lower tariffs, have under the pretext of revision, destroyed. The I killing of the goose that lays the golden eggs I an ensy task, but It Is the end of I the cgB laying. , , $ f In short, I am a protective revisionist and not a protection dcstrticllonlst. and the older 1 mw and the more I study the ques- . i tlons of governmental policy, the more firmly am I rooted and the more nenniieiy am I fixed In my belief In the beneficial resulte of n protective tariff. Disaster will como to this country of oura when our capacity to manufacture In all possible lines shall lie destroyed, because of our desire to get goods more rhesply. The ne cessity for a tariff for protection as well ss revenue will be more pronounced sa the dsvs roll bv. for shortly we will have to tua -d ourselves, not only from the encroach ments of low paid labor of Europe, but the pauperised labor of Asia. Japan la be coming a more active competitor day by day and Is adopting maqy of our methods and machinery. It has started to take China under Its tutelage and when the millions of that empire have learned the lesson that Japan can teach them nnd with labor that "works for nothing and finds Itself' has embarked In Industries that we now control, a day will come to us all that will be a most trying one. We should pre pare for that day by clinging close to pro tection and no demand for revision of the tariff should permit us to depart from a policy that has permitted a development and expansion mat nas neon tne astouna-Ina- wonder of the last century. Let us hold fast to that which Is good and notK confound revision witn destruction, you truly, CHARLES F. MANDERSON, J nnKj ura I D CROW R YE. fry REAL WHISKEY AND "THE BEST." BOTTLED IN BOND nun Cataloaae Home Case Contlnned. SIOUX FALLS, 8. D., Jan. L (Special. Contrary to expectations, the hearing In the case recently Instituted by Montgomery Ward Ac Co. of Chicago against the South Dakota Retail Merchants' snd Hardware Dealers' association, and E. J. Munnlx, editor of the Commercial News, will not come on for hearing before Judge Carland of the United States court in this city on Thursday ot this week. Rogde & Wlnans, local attorneys, who have been engaged by the Chicago catalogue house ' concern, appeared before Judge Carland and asked that the hearing In the case be continued and Judge Carland accordingly granted a continuance until January U. . At that time the matter of granting the Chicago concern a temporary Injunction restraining the retailers' association and Editor Mannlx from continuing their warfare against cata logue houses will come up for determination before Judge Carland. 1 J tm Line wltb the fun Pood !. The National Food and Drug act which takes effect January 1. 1907. does not af fect Chamberlain's Cough Remedy In any; manner. No special labels are required o this remedy under that Act. as It la free from opiates and narcotics of every char acter, making it a safe remedy for mothers to use with their children. This remedy has been in use for so many years, and Ita good qualitlea are so well known, that no one need hesitate to use It when, troubled with a cough or cold. More Pay tor Iron Workers. PUEBLO, Colo., Jan. 1. The management of the Mlnnequah plant of the Colorado Fuel and Iron company today announced a voluntary Increase In the pay of ten and twelve-hour employes amounting to 1 cent an hour. The Increase will affect about 60 per cent of the men working at the local plant. II hi 1 Physical exercise does not create more genuine appetite L s than Underberg Boonekamp Bitters taken oeiore meais. Healthy digestion follows and life becomes worth the living-. A delicious drink always, morning, noon or night. Enjoyable as a codttall and better for you. 6,000,000 bottles imported to the United States. jll ll BoUU, CJott tmd Utilmmrmmli, tr r "U htttU 1 Mirtksntt mmd Ctmmi. BOTTLED ONLY BY . n. uaaerSarf aidkcbi, kssibbot, mnuij.iin larw. flJi LUYTIEA BROTHERS, New York. Cnurtl m. yfffc i ted 1 t sydl.-.a 11 .iw nn The afflicted will find it to their ad vantage to consult us before placing their cases elsewhere. Treatment, however, la a personal matter for each man and ahould be Investigated at once. Now la the time to enjoy life, health, vigor and strength. Success means action. You must do it your self. No one can cure you enless you mulca the first move, and that first move Is to see us personally. Have you ever had a real, scientific, "up-to-date" examination? When we know your true condition, then we can explain the practical application of our methods to your particular case and advlae you regarding many aclentlfic points that every man ahould know. Our highly recommended methods for curing Blood Poison, Bkln Dlseeaea, Korea, Tloers, Acne, Urinary Difficulties, Merrons Seollne, Piles, atupture, Diseases Of the Kidneys and Bladder and all Dlseaaea Peculiar to Men. "PAY US FOR CURES" Consultation free, confidential and Invited. 1 Northwestern Medical and Surgical Institute N. W. Cor. 13th and Farnam Street. Omaha, Neb. PURITY AGE STRENGTH Look for the word "RYE" in red on label. Distillery: Woodford Co.. Ky. Distributers! Riley Dross Co.. Omaha, 1 f ' 'litw 1 Ik Buy Sell Rent Find it it -it-it- Through a BEE Want Ad BEE OFFICE Cor. 17th and Farnam Streets 'Phone Douglas 2J3. . CUT auinoriuea euouiu uw u worn luai places are cuade , , ,. . ... my well be, too, from a conservative j line. It hardly needed this assurance it uTa commendable business ycopojaUon. on railroads bt la VH9, 11-
