THE OMAHA DAILY BEE: SATURDAY, JULY 6, 1007
in
f
(
v
(
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t
OFFERED FOR RENT
H esses mmm Clttti
Hurl.
FOR RENT 7-room house, modern except
furnaos. In complete repair, new plumb
Inir. cemented cellar and laundry; rent
reduced to 2 5". Apply at 807 N. 19th At.,
or N. T. Life Bldg. (L5)-MJ4
MnPKRN, 7-room house, near park. 1509
B. Wh. (16 4M
FOR PENT 4 room In an art men t Hut;
city water, gas. 1.V3 N. 1st h St. ; $10. C
M. Parhmann, 4M Paxton Block.
(15) M37
4 ROOMS, with bath? 2ar7 N. mth.
(15) Mill 7x
R rooms, bath, furnace, combination P
' tared, screens, ahadea, new and ft ret -clans.
$16.
O'KEKFE REAL ESTATE CO..
1001 N. T. Ufa Bide. Phone Don 7153
(15)-M481
BaUdta.
1812 HARNEY BT. I floor anil basement,
33x130 feet; suitable for wholesale. Ma
Cague lnveatment Co., 150 Dodge St.
(15)-37
THE enllra building formerly occupied by
the Dally New. 44130 feet, 1 atorlea and
basement. McCagua Investment Co.. 1504
Dodge Bt. (15 83
Wholesale District
BUILDING
For Rent
The four-story and basement brick build
ing at 914 Farnam til.
Apply at Business office of Th Bee.
. Q M3W
Offices.
FOR RENT Dealt room In Be office, city
hall building, 417 N. 26th St., South
Omaha. Apply to manager. (15) 134
DESK room on drat floor at 1211 Farnam.
(16) M
CHOICE
OFFICES
It Is very seldom that good outside space
In a well appointed office building Is avail
able. At the present time we nave
beautiful suite of two rooms on the firth
floor, with east and south light, a large
vault, which makes this a most desirable
space during either summer or winter.
Room No. MB Is now vacant and 1 14x19,
with a good-sized vault; has east ltght.
A new hard-wood floor was recently put
In this room.
Bverynody In Omaha knows the location of
the Bee building; it is central, close to
the city hall and county court house.
. There are several hundred people who
Spend more time here than In their homes
and any one of them will testify aa to
the care they receive here.
For further particulars call
THH BEE BUILDING
CO.
17TH AND FARNAM.
(U',-434
2D FLOOR, well lighted; elegant for office
use. UU Farnam. (15) MO
OFFICES on tha third floor Boston Store
building, fscing, ltith St. Two offices at
I15.V0 per mouth, on office at S20.C0 per
month, and one large office, 4 windows,
f&ft.OO per month. Inquire J. L. Brandels
A Bona. Q5)-4W 5
FOR RENT Th best located cornet store
In Omaha, Farnam and 16th Sta,, Board
of Trad Bldg. See P. H. phlibln. Senilis
HotU . .. (16)-S41
FOR "RENT Large store room, with good
basemeut. 94t!) So. 16th St., $15.
C. M. BACHMANN, 436 Psxtoh BIX.
icy ant
STORE ROOM, 1108 N. ISth St. 120.
HCMIS. PAXTON BLK.
'Phone Douglas 6i6. (15) 414
OFFERED FOR SALE
FcMelataT.
ANCHOR and Iron fencing; wlr fencing
6c per foot. 20 N. 17th Bt Tel. Red 814.
(!) 842
Farnltare.
ID-HAND furniture bought and sold; busi
ness on the square. Rosenberg, formerly
with Chicago Furnltur Co., IftS B. 14th.
D. 5885. (16)-M70 Jv27
Plaaos, Orgaas, Sf aslcal lastratneata.
FOR SALE All pianos unsold In Bennett's
since th fire nava Dean removed to a u.
16th St. where every on will be sold re
gardless of price. Com and get one at
your own price. uw-buh
-r
TTFUIOHT Kimball piano, in fine cnndl
tlon, $115. Owner leaving city. 1819 Dav
en port fit (16) M32J tx
FOR BALK Upright piano with player at
tachment and music, 1S, this week only
Address, L 648, Bee. (16) M287 6x
SPECIAL
PIANO
BARGAINS
Cottage uptight, used only 1 year
Kimball, upright, large sis
Singer, upright, walnut caa
Chlckerlng, upright, parlor alse
Vose A Bona, fine tone
$C
to
Y
125
168
Easy payments of $3 to IS per month.
SCIIMOLLER & MUELLER,
till-131 J Farnam St Toons Douglas ICS.
U M308
SIX squsre grand pianos given away free
Saturday, July , at
SCHMOLLER A MUELLER PIANO CO
Tel. Douglaa-lba. Ul 1-1313 Farnam St.
(! M440
Peel mm Billiard Tables.
FOR BALE New and secondhand billiard
and pool tatiles We lead the world in
eheap bar fixtures; easy payments. Bruns
wicK-jsaiKe-voiieuu!. o. mn ol
(lr-84S
Tya writers aavd Sfwlsg Maeklsieav.
TYPEWRITER SALE All machines taken
In exchange will be closed out at unheard
prlcea Typewriter Exchange, 641 Paxton
Block. . us) awn
FOR SALE High grade secondhand type
writer; gooQ condition; a bargain at 10.
Call roum 60S, ties lildg. U6.-4.1
ONE Remington typewriter. No. s. In good
condition, tor aala cheap. Call at v B
Omo. CO C2s
Mi ellaaeaaa.
GAS, ELECTRIC
COMBINATION
FIXTURES
Special low prices during Juas'to radaoa
st ix-a; ordar now; gooos delivered wlw
ready.
BURGESS & GRAND EX CO
lalephona Douglas C8L til 8. 15th Bt.
(W-H
a r M u tt year snail order for druai
its rot paia ea IS lots. Myers-D' loa
Xr4 C, C aha
UA) S6
OFFERED FOR SALE
sllaeetlaaesas sstlaaed.
FOR SALE On Thursday. Jolv 11. lWt.
I will sell at fl' Ixinnhw-Rwlmfmil-Nnr-mile's
place of bunlnna, either aeparately
or In bulk, all fixtures and furnitures be
longing to said company. Inspection may
he mede at any time. WILLIAM J.
COAD, Receiver. (!) M2
HOMB MADE GRAPE WINE 1 YEARS
OLD. $!. Pr R GALLON. CACKUSI
BROS.. OPPOSITE POSTOFFICE.
! 341 li
Call at our store Saturday. July . and
got a so.uare grand piano free of charge.
SCHMOLLKR MT'KI.LER TIANO CO.,
1311-1311 Farnam Bt.
(1) M441
BHERWIN WILLIAMS CO, best mixed
paint. Sherman ft McConnell Drug Co.
HOMEOPATHIC medicines, wholesale and
retail. Sherman A McConnell Drug t o.
1-M417
AWNINGS They're not expensive. Call
Doug. 83 and our representative win can.
Omaha Tent and Awning Co. (16) 1W
HALL'S safes, new, Id-hand. WIS Farnam.
(If) Mi
FOR SALE First-class store fixture.
showcases, etc. Globe Land ana invest
ment Co., 1821 Farnam St., Omaha. Neb.
(Wr-aM
DRUGS at cut prices; freight paid on 110
orders; catalogue free.
BHERMAN 4k M CONNEIJj DRUO CO..
Omaha, Neb.
(lg)-M
FOR BALE Complete threshing outfit. In
running order, consisting of a 18-horse i
oower Aultman-Taylor engine and J. I.
Case separator, Including patent feeder
and awing stacker. Can be bought at
such a figure that It will pay for itself
In a thirty-day run. or particulars,
call or write Washington County Bank,
Ft. ta:noun. Neb. uw-ttwii
PATENTS
LAR80N A CO. Book free.
Bee Bldg.
(17 866
D. O. BARNELL, patent attorney and ma
chine deslcner. Paxton Blk. Tel. Red. 7117.
PERSONAL
CITY STEAM LAUNDRY Shirts pressed,
not Ironed. 211 S. 11th St. Tel. Doug. K64.
(18 K
OMAHA Stammerer' Institute. Rarng
Bldg. u
SEWING machines rented, any make. 75o
per week or li per month. Second-hand
machines lor saie, to ana up. pDrwi
Cycle Co., lf.th and Harney. (18) 86
COUNTER platform scale, weighing 214
pounns: counter conee m'li, jwany nrw , i
alao two 6-foot plate top floor cigar case;
bargain. Sua N. ltnn. tu ix
t A rtVPTIP treatment and bath. Mme,
juauajxiv Smith, 118 N. 16th, 2d floor.
(la) 0
FEW bargains In 2d-hand soda' fountain.
monthly payments. Dcrlght, 1818 Farnam.
(lb) &
SYRINGES, rubber goods, by mail: cut!
prices. Send for froe catalogue. Myers-
Dillon Drug Co., Omaha. (18)-So
4(0 TELEPHONE poles, all sixes, must
be sold regardless oi Drice. quick.
Dlmock. m N. 24th 8t, South Omaha.
rnunq 1110. . w vi .
BENNETT'S piano department has been
removed to '! 8. 16th St., where all
Are pianos are being sold for a fraction
or their real value. tuv tot
IIPlf TUT .hnlwun, aatln akin be.
atowed by Batln akin cream ana estia
powder. o. UK
PI F A T I N Cr BuMs.IRuchln'g,
I LbnilllU Embroidery.
Dyeing and cleaning, sponging and shrink
ingonly 6c per yard. Send for price list
ana samples.
UUUJHAN fLBATim) CO.,
Douglas Block.
.Tel, Douglas 198S.
(10)
BACHELOR girl, cultured, pretty, will wed
pnysiciKn,, wiaower estanitsneo. f armer
means, under fifty don't answer. Address
car of Be.
08) M546 12x
THE SALVATION ARMY solicits cast-off
clothing: In fact, anything you do not
need. We collect, repair and sell, at 114
M. lltn Bt, lor cost of collecting, to the
worthy poor. Call 'phone Doug. 4135 and
wagon win can. (ia-6ll
rmiii umriirjr..ii nuu-iri.i
Dr. King. 20 N. 14th Bt Tl. Doug. 66.
MAGNETIC rVnrfurfi5R
Koom a, UU4 Farnam ttt, Zd noor.
(18) M!8 jy.n
rpTTIT' VT TTl1 Massage and Bath; ex-
iluJ prt jady operator: room
su, uarker oiook, l&tn ana Farnam wis.
(18) 364 IX
WANTED First-class attractions during
Wisner stock show, Sept. 11, 12 and 13,
17. Address L. C. Meoir. see'v., Wisner,
Neb (18) M461 7
REAL ESTATE
HEAL ESTATE DEALERS.
RUSSELL .A M KITR1CK CO.. 432 Ramg.
(19)
W. H. TURRELL. 1 Pattron Blk. Doug.
1128. (19) 866
PAYNE 1NV. CO., 1st floor N. T. L. Doug.
1HU. U t
R. C. PETERS A CO.. Be Bid. (l-87
U W. BUNNELL A CO., 821 N. Y. Ufa.
Douglas 6149. u) sw
ALFRED C. KENNEDY, J0 First Nafl
Bank Bldg. l'lions Douglas 723.
(1) 8
GEORGE A COMPANY.
1801 Farnam. Tel. Douglas TSC.
(19) 6i
CIT1 PROPERTY FOR sALB.
HERE'S YOUR CHANCE
HO fine high and dry lots in West Council
Bluffs, nicely situated, on and near car
Una. at from $100 to I2S0; $6 down. $5 per
montlu Will build house oa same on small
mnxlkli. nawvMantai 1 1 Vfkll i4 ABl rb ga. nlnB
hom built aftr your owl datia don't miss
this opportunity. ,
BENJAMIN REAL ESTATE
COMPANY,
Phone Doug-las 7332.
32S-4 Neville Block.
(l)-62 I
Call for Our New Plat
of Seven Stehtl' Lots
IN WEST FARNAM DISTRICT
for $1,200 to $1,600 each.
Telephone us and w will mall on.
Harrison & Morton
1 N. Y. Llf. Tel. Doux 114.
oei mui i
ACROSS THE RIVER
Fin 5-room house; modern except fur
nace, at 240$ Ave. B. Council Bluffs, oa
block from car Una, 12 minutes' rid from
14th and Douglas; must be sold thl week.
Price H. 364; half cash, balance on eaay
terma
BENJAMIN REAL ESTATE
COMPANY,
'rhoa Douglas Tttt. 836-4 Nevllls Block.
0)-34
REAL ESTATE
CITY PROPERTY FOR ALB
(Continued.)
THH KKRR APPTRACT CO."8 AB
STRACTS OF TITLE ara the safest.
You are protected by a flO.no bond
1 against lose by errors. Too dVmt buy a
lawsuit when you buy a "Kerr" abstract.
114 Harney. Tel. Douglas 6487. (19)
LIST your property with the Western
Home Builders, rms. Nebraska NaU.
Bank Bldg. (!) 714
IF YOC are thinking of building It will
pay you to see the Western Home Build
era, rooms n and Z3 Neb. Nat. Bank
Bldg., f jT prlcea and terma. (U) 210
BEMIS PARK.
Two beautifully situated lota, 40x127 feet
each, west front on boulevard, two blocks
to car, on grade; comer, xwo; insme. xyiw.
Must be sold by owner at once.
844 Ln-
fayett Ave.
(19) M
NEAT cottage and U acre, barn, chicken
house, on West Leavenworth, all for
Sl.OfKI.
Beautiful acre tracts and lota In- the West
Leavenworth and Dundee district at rem
aonable prices and terms.
8. ARION LEWIS.
Acre Specialist. 834 New York Llf Bldg.
Phon Harney 331k iv) MM t
ONLY $1,100
6-ROOM COTTAGE,
GOOD LOCATION
Bit Msnle Bt: sewer, water, gas. bath.
good order; lot 50x122, paved street; now
vacant.
W. H. GATES, (17 N. T. LIFE.
(19) SOS 1
, $4,500
Kew and atrtctly modern. 7-room hotisa on
4th At., near Bt Mary Ara. Pared
treet. Terms. $1,600 cash, 300 annually
at per cent. Wo will be glad to shew
this property to you.
PAYNE INVESTMENT CO.
First Floor N. T. L. Tel. Doug. 1TSL
-"Jf It a a bargain, they have It"
U)-U1E7
MORTGAGES FQR SALE.
Wa have a number of first mortgage
farms for sale that are gilt edge.
PAYNE INVESTMENT COMPANY,
jnrst noor rx. i. ui uiag. '
Tel., Douglas 17R1.
U3)-MX3 10
3211 SEWARD ST.
Owner wants to sell, 7-r.,
gas, bath, city water. Bee
us and we will ahow you
through.
Q'KEEFE REAL ESTATE CO,
1001 N. Y.
Llf Bldg
U9)-MiS 1
LARGE LOTS
BIG TREES
In Sulphur Springs addition. That is what
you should be looking for these hot days.
It la very seldom you can buy lota that have
hade. This block I located between Loth-
rop ,nd Emmet 8ts. and 14th and Sherman
Avei.
Price $750 and $800
I ' '
I onoe ocior mej are an sum. win max
term if you have not all cash.
Hastings & Heydeni
Sole Agents,
1704 Farnam St
Be Building;.
(19 637 I
REAL ESTATE TITLE-TRUST
CHAS. E. WILLIAMS. Pres.
CO
(1S)-89J
ON CENTRAL BOULEVARD
Lot 50x1 3f, east front, 260 feet north of
Dodge; prlc reduced from $1,000 la $900.
This must ba sold at one. Lias above the
boulevard and 1 an elerant building sit.
,.,,,,.., . .
J AM1JN IttiALl iliTATi
COMPANY,
'Phone Douglas 7332. $25-4 Neville Block.
(1)-27 1
$35.00 '
- 1515 N. 13a St., brand new,
strictly inodera, key at our
office.' Telephone- D. 2163,
O'KEEFE REAL ESTATE CO.
1001 N. T. Llf Bldg.
1) 1478 10
$5,000
Modern, S-room horn, brand new, on S5ta
Av. and Popple ton. oast front; lot 46x
12S. Permanent walks In and paving or
dered. A Tory attractive property.
PAYNE INVESTMENT CO.
First Floor N. T. L. Tel. Doug. 1781.
"If It's a bargain, they bar it"
(19)-M157 t
fun Mijae-nuui v rwuw, uivw'n r&"
cept furnace, l0T turning bt. price,
S2.SJ0.' ty terms.
JOHN F. FLACK.
City Savings Bank. ISUj and Douglas.
U9)-l
IN WEST COUNQL BLUFFS
Brand new 6-room house at S647 Ave. A.
on car line; minute from 14th and Doug-
Price $1.300 $a down, balance $11
per month.
Several bouses in same neighborhood on
sanau muuwiijr y7"". wuU casij
I payment down.
I
BENJAMIN REAL ESTATE
COMPANY.
'Phone Douglas 7332.
ZX- Neville Block.
(1)-6S t
LOOK AT TIUS
All modern, (-room cottage. 8412 Lafavetta
Ave.. Bern la Park. Phone Harney 8416.
tu ess
BEMIS PARK DISTRICT
rooms, brand new, strictly modern. $4,000.
O'tCeefs Real Estate C . 1001 N. T. Lif
Bldg. Q)-M977
FOR SALE i-roora cottage, owner leaving
ciiy. win sen at m sacrinee. it) fourth
40th. Boutn Omaha. Tel. 87L
a)-M148
S3E8T new room house, modern with or
without furnace, for $2,460; forced to sell
quickly. TeL after 7 p. m. Webster Iks.
(i9)-Mia
LIST your property with Chris Beyer,
KM ana turning bu (18) sm
FOR RENT l-room modern house. 2638
Jones St Telephone owner for keys.
wcostr iw (lf 7
NEAR BEHI1 PARK-
ASK us to show yo A NEW ALL MOD
ERN HOME, on car line. EVERYTHING;
complete. Immediate possession, flMM cash.
balance en term ts suit.
O'KEEFE REAL ESTATE CO..
10OI N. T. Llf Bldg. - Phone Doug 61
(15) M477
is per cestt.
A brick block of three stores and $2 rooms
on a leading business street; rented for
a mom a. Price I is. us; half cash.
lie is no rour yeara at s par caul.
" THOMAS BRENNAN,
Koom L New Yoik LU Bldg.
1
REAL ESTATE
CITY PHOI'UHH FOR BALK.
(Continued.)
FOR SALE Flra-acre tract' of land In Hen-
eon, three blocks from car, a Jit able for
riant Ing or for Improvement; an oppor
unlty for someone. .Address 42 4 3, H-e.
REAL ESTATE
FARM AND KA.M H LA M I) FOR IAtK
Vmmmm.
SOUTHERN Manitoba, near Morrla. three
quarter sections of the choicest dry, clean I
prairie land; deep black loam; can all be
cultivated; good locality. Norrls Is lo-I
i . th. ri..k..i i.pminii dt- '
tride In Manitoba, the land being well
land being well
ng. The owner, '
adapted for wheat growing
nr.t twin. . fm the mum for
buslneea. hence a great bargain. For par- I
tlculars address George C 1'ophsm, ttox
ib Winnipeg, Manitoba. (.) SU Jyx
Ksaaas,
WANTED Agents to represent us In the
ssie or our Kansas lands. v rite lor par
ticulars. Globe Land and Investment ' o.,
Omaha, Neb. () S97
T
14 ebraaka.
FIRST-CLASS Nebraska farms and ranches
for homes or Investment. Beniis, Omaha.
(20) MKTS
FOR SALE Relinquishment of good sec- ,
tlon of land (Klnkald homestead) Z miles
from R. R. ststlon; In centrsl Nebraska;
40 acres arable; some Improvements.
Addroas W 4jD, car Bee. (30) 618 7x
Nortat Dakota.
lO.ma ACRES of land In Mercer county.
North Dakota, aa a whole or In small lots,
for sale on easy terms. H. E. Skinner,
101 Guaranty Loan Bldg., Minneapolis.
(20)-MR2 9x
Soattt Dakota.
ARE YOU Interested In South Dakota? If
so write to tha A. C. Brink Land Co., of
Pierre, 8. D., concerning th 25.000 acres
of farm land they own In Hughes and
Bully oounllaa. They will answer you
gladly. (20;-M379 Al
Texas.
We own and offer for sale 26,000 acres of
first-class fsrmlng land situated In the
Texas Panhandle; surface- amooth and
gently rolling, soil a dark chocolate loam,
with clay subsoil every Inch a steam
plow proposition; sheet water at from HO
to 80 feet. Since January 16 we have re
tailed nearly 100,000 acres; average retail
price, (11 per acre. W have our own
hotel, fully equipped, together with auto
mobiles. If taken' within tha next fifteen
days we will include th entire equip
ment with the land at a bargain figure.
TEXAS AND SOUTHWEST COLONIZA
TION COMPANY, .
M St. and Nicollet Ave., Minneapolis. Minn.
tiO) MJ4J
TEXAS LAND FOR SALE.
13,000 ACRES choice agricultural and fruit
land. In a solid body, 4 miles from the
county seat of Ector county, on the main
line of the T. A J?. R. R. ; over 30 train
dally; write for colonisation; surveyed;
staked; shallow water; for quick aale, H
rr acre will buy It; very easy terma;
per cent Interest; $100,000 profit In this
deal for you; best proposition In Texas.
Address th owner, J. W. Topping,
Odessa. Tex. (201-617 6
Miscellaneous
TO TIMBER BUYER8 OR INVESTORS.
Timber, the gold of the northwest la
fast passing Into th hands of large syn
dicates. At the present time large tim
ber holders are asking $2.60 td $5.00 per
M. stumpage. There are yet. however,
tracts held by private parties aocessible
to fuget Sound or railroads which, be
cause of the long acquaintance and prac
tical experience as a timber Inspector of
tne emor member or our nrm. we are
able to buy at a price not to exceed $1.60
fier M. on a stumpage basis, which also
ncludea th land. These tracts range
from SO to to M. feet per acre and in
six from 6 to 15,000,000 feet, largely fir,
with some cedar and hemlock. We could
buy 100.000.000 feet in the next six
months. On conservative basis. In five
years this would yield 300 per cent on the
Investment, after deducting Interest on
amount invested, and taxes, and the land
would remain as an asset. In many cases
having a value nearly equal to the orig
inal Investment. We invite correspond
ence and investigation by Investor and
timber men. The senior member of our
firm will gladly welcome an Interview by
interested parties during the few days
he will remain In Nebraska, Address tho
Paxton hotel.
M'NEIL ft ELLSWORTH,
612 Bankers Trust Bide.. Tacoma.
Real Estate Members of the Tacoma
Chamber of Commerce.
' (20) M538 7
REAL ESTATE LOANS
MONEY TO LOAN-Payn Investment Co.
C2) 817
PRIVATE MONEY F. D. Weil, 152 Doug.
() lis
$ln0000 TO LOAN on business and resi
dence property ta omasa; lowest rales
no delay. Thomas Brannan, Boom 1, N. t
i-lle. (22) HI
WANTED City loans and srarrants. W.
Farnam BialUi Uo Us Faraam Bt
ViiJ us
LOANS on Isorovad Omaha nroneilv.
u K.eer tu Jfc. jam i. g. ure
ISO izt
LOANS on Improved city property. W. H.
Thomas. Duo First national bank Bldg.
in) Z2S
8300.40-. also Sfi0a.0r to loan on real estate.
Private money, w. A Belby. 4t Board ot
Trade Bide - (22) M4u0
$600 TO 150.000 TO LOAN at lowest ratea
no delay. UAKVLN llKOU., ltH FARNAM
J.
LOWEST RATES B mis. Paxton Block
12Z) Z2
I ulK'Tlcn i.
C. Paters a: Co.
' -
WANTED TO BUY
WANTED To buy, second-hand furniture,
cook and heating stoves, carpets, lino
leums, office furniture, old clothes and
shoes, piano, feather, bed pillows. ru11is
ana all atno ax twin; or win ouy xni
furnltur of your house complete, will
buy antique or mahotai. furniture Th
nignest prices paiu. tau ins ngni man.
TeL Douglas UiL t3) tut Jya
CASH paid for old books. Craae-Foy Co.,
118 m, 1KB. ruon uougias iu.
2S)-S7
BUYERS FURNISHED IN HOURS
Investment Dept western Ker. Bona
Ass'n Inc.. Suite 721-7X1 K. Y. Ufe BKIg.
itt) 114
WANTED On hundred thtrty feet of
counters and shelving for general store.
Writs or phon J. C. MilHnuut. Logan,
lows. (26) M fett b
WANTED TO RENT
Want store bldg., at least 20-ft. front by
$0. CENTRALLY LOCATED. Will sign
leas for 1 to 5 year. Address M-&2. be.
(2 M47
WANTED By gentleman and wife, suite
finely furnished or suite unfurnished
rooms; good cclghbortioud, not lar from
New Rome hotel: must have electric
lights, hot and cold watvr; terms reason
able. Address W. A. Kume hotel:
(26) M 4 llx
WANTED By you Eg lady room and board.
xs.W) per week. Address 0-S17 care of Hw.
ti 620 7x
WHEN you writs to sdverttsers. remember
It takes but a fw arratchea of th pea
to stale that you saw be ad. la Tt Ba.
WANTED SITUATION
FOR student help as McCartney Insti
tute, ! farnam. (Ii) ui
WANTED By teacher, office work for th
uuxincr. Address 11-4-s, car Bee.
tT-Ai22 6x
FOR student help see McCartney Instl
tut. 1803 Farnam. 27 Mti
AN educated lady, aoruatomed to traveling
would acconMHiny an Invalid or elderly
lady on a Uiu. ar chaprtis a party of
young ladles. Address Pin4 Omaha Bee.
(27 Mb6& U
WHEN you writs to advertiser rs member
It takes but -.a extra stroke or tw ol
th pea to meK'on th fact that you
Us as aa Tas
LEGAL NOTICES
NOTICE TO CONTRACTOR. SEALED
bid will be received at the office t)f th
city cleik at York, Neh., until it ulo .
noun, standard time, on the Mh day of July,
I'", for the paving and curbing In paring
district No. Two t- including all excava
tions and other work In conne tlon there
with according to the plans and specifica
tions on file in th office of the city clerk
of nald city." Tho approximate amount of
said work Is as follows: Vitrified Iwick or
block pavlnir. 16.591 square yards; apu'tum
pavtn. 1 4. 4 square yards; combination
curb and gutter. 11,787 lineal feet. The engi
neer's estimate of the coat of this work Is ss
follows: Brick or mock raving, per sqjare
yarn. to. " iia. vr su.r.
yard. 22 20; combination curb and gjtter.
for brick paving, per lineal foot, 76 cents;
combination curb and gutter, for as
Phaltum paving, per llnel foot. K cents;
Phali
x."l)
concrete curbing, per lineal foot. 19 j
"cents; exift concrete cumin, per lineal loot.
46 cents; extra giadlng. per cubic ard. a
A
cents; extra concrete, per cubic yard, jil X;
extra broken stone In place, per cubic yard,
$2.25; extra sand In place, per cubic yard,
$1.10; for resetting carb, per lineal font, 15
cents. Bids will be received separately
brick block paving, asphaltum paving, and
combination curb and gutter, and on appli
cation the city clerk will furnish blank pro
posals. Tha city reserve the risht to re
ject sny snd all bids or waive any defects.
GEORGE 8. NEWMAN. City Cleik. by
order of the City Council.
J4 6--7
NOTICE TO BOND BUYERS FOR SALE
$'.." of 80-yr. school bonds. Issued by
school district No. 18 of Madison Co., Neb..
K ner cent Int.. option of pay't after t yrs.
Denomination $500. Sealed bids to be opened
July 22; accompanied by certified check of
$:. C. A. MILLER, Secy., Newman drove.
Neb. Jysxiiu
LEGAL NOTICES
PROPOSALS FOR LAYING WATER
MAINS Sealed proposals will be received
by the cltv clerk of the city of Randolph
Nebraska.'at bis office until the 22d day of
July. lOtfi, at-8 o'clock p. in., for tha fur
nishing and laying of 5.C00 feet of 4-lnoh
rast water mains and l.atf of 6-Inch cast
Water mains with 1x 4-Inch double Vioril
fire hvdrarts for 2H-!nr-h. fire hose together
with all necessary fittings for all mains
and hvdrants. Bid to Include the dig
ging of all ditches at least Ave feet below
the establlahed grade of said city, and not
less than five feet below the surface of the
street at any place. Bids to Include all
connections and extras us shown by the
plans and specifications on file at the of
fice of the said city clerk. One-half of th
contract price for the laying and furnish
ing aatd mains as above to be paid In cash
and the balance to bo paid In warrants
drawn on the general fund or said city.
All bids must be accompanied by a certi
fied check equal to '10 per cent of the
amount bid. as a guarantee that if the bid
Is accepted th bidder will enter Into enn
trnct to perform and carry out the bid.
The cltv reserves the right to reject any
or all bids. E. 8. MAILLIARD, City Clerk.
J21d24t
REAL ESTATE TRANSFERS
Louise Hansen to Thomas G. Drgan
lots 7 to 12, block 34. Benson $1,000
Thomas G. Degan and wife to Lewis
J. Thms. same 1.300
3 H. O'Brien to E. M. Henderson,
lot 20. block 6, Baker place I
pwen McCaffrey et al to William J.
McCaffrey, lot 10, block 15. Housel
A Stebhlns' add 1
William H. and Harry L. Seharn-
weber to Wilhelmlne Scharnweber,
lots 6 and 8. block C. Omaha t
Henry Gund and wife to George W.
Burton, lot 7. block J7, Albright's
choice
2,000
Hugh S. Thomns -and wife to Charles
G. Carlson, lot 16, block w, F lorence
12
David C. Alson et al to Zella Rerka,
CH lot X, block L, o. Ju. rtogers
add .
4.750
James M. Weckerly et al to Charles
Bettelle, lot 7, block 4, Improvement
association add
100
Harry D. Reed and wife to Andrew
llirlstiansen, lot x, dipck u itaiei
Terrace
250
250
200
Lewis 8. Reed and wife to same, lot 8,
block 1. Hazel Terrace
Louis Dalcombe Reed to same wtfc
UK 4. block 1. Hazel Terrace
Emma M. Arrlcns to Nelson B. Up
dike, part lot 19, HorbacTV First
add
W. J. Ure and wife to George H.
Harr and wife, ft. strip adjoining
lots 8. 4 and 6. block IS. Shlnn's add
Sarah Vengrovltch and husband to
Allen Ross Rlegel, south 44 ft. lot
1 and s. 44 feet 6 ft lot 2. block
1. Omaha
.10.800
Pabet Brewing Co. to Oliver C. Ful
ler, a. 464 It. lot 5. block Z4&, Omaha,
and other lots
Cecelia C. Buchtel to Frank W.
Barber, lot I. block 206H. Cmahn.. 5,000
by I via Kendls and husband to David
Y. Allan, lot 21. block 8. Brlgcs'
place 500
Thomas C. Scott to Gustav F. Ho.
henaee. lot 7. block 8. Belvidere add l.oSO
William Butt and ife to Ellen
O'Hearn. lot 26. block t. Gate CUy
park 100
Totals
...X.
....$27.S5
RAILWAY TIME CARD
UNI OK STATIO.1 aOtk AND MARCY.
Calarn Paclae.
Leave. Arrive.
Overland Limited a 8.65 am a 8.40 Dm
The China and Japan
Fast Mall 1:50 pm a 6:90 pm
Colo. A Calif. Ex a 1:60 pm a 1:30 am
California A Or. Ex. ..a 4 00 pm a 5.50 pra
Los Angeles Limited. ...al2:55 pm a 1:15 pm
Colorado Special all .56 pm a 1:50 am
North Platte Local .a 7:42 am a 4:16 pm
Beatrice Local b 7:42 am b (05 pm
tkleats;, Rock Lata ad at Pastas.
EAST.
Chicago Limited a !:45 am all SO pm
Towa Local a 7:i am a 4:34 pm
Drs Moines pass m 4:00 pm al2:30 psn
Iowa Local all.44 am b 6:66 pin
Chicago (Eastern Ex.). a 4:60 pm a 1:26 pin
Chicago Flyer a O0 pm a 8:36 am
WE8T.
Rocky Mountain Lmtd..all-40 pm a 2:3$ sm
Colo. A Cal. Express... 1:35 pm a 4:40 pm
Okl. A Texss Express.. a 4:40 pm a 1:46 pm
Lincoln A Fatrburv Pass.a 8:45 amau):li am
Ckicacs Great Wasters. '
St. Paul A Minneapolis. :0 am
7:39 am
11 o pm
8:27 am
11:35 pra
330 pm
St. Paul A Minneapolis. 7:M am
Chicago Limited
C:oS pra
7:30 am
!: pis
Chlcaxo Express ...
Chicago Express .,
Illlasls GsstrsL
Chicago Express
. .a 740 am 1:45 pra
Minn. St. Paul Exp...b 7:80 am a 8 a psj
Lhlcago Limited a 6:00 pm a 8.80 am
Minn. A St Paul Lmld.a 8:30 pm a t:30 aia
Chiracs A Hortai westers.
Chicago Daylight a 7.-06 am all:54 pm
St Paul-M spoils Exp..a7:60am al00 pro
Chicago Lccal .al 1 :9 am a 3.28 pm
bioux C'.ly Passenger., a 7 M am a 3:28 pm
Chicago Passenger a 4:30 pm a 130 am
Chicago Special a 4-00 pra a 1.80 sm
St. Paul-M'Do lis unta..i i:Zi Ms a 7:4 am
Los Angeles Limited. a -30 im a12:36 pm
Overland UralUMI mut.vi pm m s:zs am
Fast Mall a 8:29 am
Bioux City Local a 3:6 pm a I to am
Fast Mail - a I:Z Dm
Twin City Limited..... I-M pra a 7:05 am
Overland Llmilsd a M pm a :31 am
Norfolk-Bonesteal 7:4u am al ara
Llncoln-Chadron b 7:40 am a!0:36 ara
Dead wood-Unco In .....ilpn a (.41 pra
Casper-Sooshoni ...a 8:00 pm a 5:t pis
Hastlngs-bupetior b 3:00 pm b 6:05 pra
Fremont-Albion i t): pra 01 J 00 put
Ita Amgelss Limitsd... M pm a!2J pin
Wasua.
St Louis Express .a g:30 pm tM am
St Louis Locar (tram
Council Bluffs) a 1:38 ara aU:U pm
Etanbtury Local tfrosa
Council Kluns) b w pmmo:u am
MtMssrt PseUts.
K. C. A Bt L Exp a l oo am a I JS am
K. C. A Bt L. Exp all 15 pm a 6:35 pia
Nebraska Local a ?: pm alL4t am
Uluis, ltllwssluw Jt Bt. Fsaul.
Chi. A Colo. Special... 1.-413 aa n:4f pra
talir. ac Oiegoa s.ap... :upjii 4 i pm
Overland Limited. 6.6 put 8.12 aia
BCRLIA'taTOBI ITL lOTH A MA SOS
arllssrtwau
Lea vs. Arriva.
Denver A California... A 4:1 pm a 4 )0 pm
Northwest Bpeclsi SIX pin a 4:M pm
Blark Hills s 4 W i a 4 14 pm
Noitiiaest Exitrras a t:3o pm a 4 tf a s
Nebraska points a i ' am 14 pig
Nebraska Express.! a 1:04 ara a 4:1 pea
Lincoln Fast MiU....a 1: iU a)2 01 pia
Lincoln Lecsl.. ......... a 1.06 aa)
Lincoln Local a 8:09 prg
Louisville Plstistn'tn.b 111 pm bio a) a
BcUuvus-Pls'smotrth ..a 4 pm a i i am
piatiameutb-Ioisa .-...b 9 14 am
tteiivue-f munvsin D i s) am
Denver Limited all 64 pm a 4 4 aia
Chicago SMcial alSam all: 46 pra
Chicago Exoreas a 4:10 pm a 8:64 pra
Chk-ago Flyer a f w pra a 4.4 si
Eoata Local .a I i4 am al):J ar
Ct Louis Express. t I s pa ail.Mar
Kmui 'ity A bt. Joe..ai pm a 4 ; arr
Ksasas City A tit J. 8.1s am a i ll mm
kassas City A St Ja..a 4.46 pm
SOPREKE COURT SYLLABI
kjirAr. fimullltv Ufcanl l i.al.ok A al
frotii Duugiaa aioU'm to uioiity mauoaie
iimamed in part Letton, J.
1444. rirsi ,atnrat Hint aiDt Estate
of Lehnhn. App ai trout v ae. tn re
hearing, toiitier ju-iKTiiem ot reversal ad
hered lo. Ames. t--. iJlvislon No. L
L An aKteeinent wiiiioul hniwn, advant
age or anrlniect to eilner Variy, is wlibuul
considei atHin and not entorceaule. v
I. Maiual promises, m l (or a common
object or purpose aitd not mutually ad
vantageous or uYu Imeiual, are altnoul cus
BKieTaiion snd uot enforceable.
14h.ttk h'rederickson agauiei 4'hnilltroth.
Appeal from iHtuglaa. (n lehearing, former
juugnient vacated; judgment ol aistrlct
court reversed and c.
remanded, liarnea,
L A vendor, by commencing an action on
a note, glvsn (or the purvnaso price of a
mainline, by the terms of which the title
thereto is not to psss to the purchaser until
full payment t made thereior, will ordi
narily be held to have waived tils title to
tke property and have vested the till
thereto in the vendee.
2. Where, however, after commencement
ol uch a uit, the vendor takes possession
of the machine pending the anion, with
the consent of the vendee, for the purpose
of repairing It and dvllveiug u lo a third
person (the surety on the note) under a
contract between himself and th surety
only and falls to redeliver it to the vendee,
suo hconduct will relievs the vendee rroJU
bis obligation to pay for the property.
8. here th action proceeds against such
surely on hla agreement to take the prop
erty and -pay tne note given for Its pur
chase pries; and la defended on the ground
of a breacu of Ui agreement If the evi
dence Is connictlng the questions in Ixsue
Should be submitted to tha jury and it Is
error for th court to direct a verdict for
plaintiff for nominal damages only.
1469U. Weathenngtun against Smith. Ap
peal from Harlan. On rehearing, former
opinion adhered to. Barnes, J. ttedgwick,
C J., dissenting.
Neither the husband nor the wife can
abandon th family homeatead and there
after ell and convey the same to another
to the exclusion of th homestead right of
an Insane spouse.
14761. Smith acalnst Hofeldt Appeal from
Douglas. Reversed, with direction to grant
Injunction aa prayed. Epperson, C, Dl
vlainn N iv 1.
L Power alven to vlllaxes by statute prior
to the 1903 amendment to require the con
struction of sidewnlks did not Include tne
nnwer to reoulre the lot owner to reduoe
the sidewalk spare to the established grade.
2. Prior to 1st. Detore a vtuage mum, ijr
notice, require a lot owner to construct a
tdnwatv tn a-rad unon an Improved street.
it must perform Its duly by reducing th
sidewalk space to tha established grade.
147S8. Bamlman Lumber company anini
Hlnton. Appeal, Boyd. Reversed tun ai
t-ectlons. Jackson. C.. Division No. 2. '
1. A hona fide ourchaser of real estate
'without notice of an existing chattel mort
gage given by his vendor on a aweinng
house situate thereon, takes the title free
from the lien of such chattel mortgage.
2. It I not Incumbent on the plaintiff In
an action to foreclose a real estate mort
gage to prove title to the real estate In
the mortgagor aa against such mortgagor
and his privies.
1483A . Coffey. Admr. against Omaha A
Council Bluffs Street Railway company.
Appeal, Douglas. Affirmed. Uood, c. Di
vision No. L
1. It Is a Question of fact for tne jury.
whether or not a passenger, who Is riding
on the lower step of the platform of a
crowded street car, snd who Is thrown
therefrom and Injured by reason or tne
negligent operation of tne car. is. ny vol
untarily riding in such place, , guilty of
such contributory negligence ss will de
feat a recovery.
2. Evidence as to the negligence of tha
defendant in the operation of the car ex
amined and held: Sufficient to require It
Submission to the Jury.
X. A witness who sees s moving csr snci
possesses a knowledge of time and dis
tance Is competent to express an opinion
aa to the rate of speed at which the car
was moving. Omaha St. Ry. Co. vs. Lar
son, 70 Neb.. 691. followed snd approver.
4. Rulings of the trial court on the ad
mlaslon and exclusion of testimony ex
amined and held: Not to be prejudicially
erroneous.
5. It Is not error to refuse Instructions
requested, where the substsnce of the in
structions requested has been embodied in
the court's charge to tha Jury.
A Instructions given examined and held:
To have been properly given.
1419. Brldenbaugh. against Bryant Ap
peal, Dakota. Affirmed. Calkins, C., Di
vision No. L
1. Evidence examined and held to sup
port findings of tiisl Judge. '
2. Tha fact that th boundary line of
field and highways, as established by
the early settlers, are In harmony with
disputed monuments, is relevant as tend
ing to show that such monuments are tru-a
corners.
3. The essential elements of the sctlon
Of ejectment are legal estate, a right of
possession in the plaintiff, and unlawful
detention by defendant, and the plaintiff
cannot recover where the latter element Is
lacking.
14622. Osndy against Witts. Appeal,
Richardson. Reversed unless defendant
file remittitur of $600 In thirty days; other
wise affirmed. Epperson, C. Division No. 1.
1. Evidence of a verbal agreement by a
landlord with his tenant to construct a
drain for the protection of a part of the
land leased .made without consideration,
and evidence of damage by reason of tho
failure to construct such drain. Is Incom
petent in an action for an accounting, the
figreement being omitted from a written
ease between the parties.
z. "i nether or not a right to trial by
Jury exists must be determined from tho
object of ths action aa determined by the
averments of tits petition, snd In case of
ambiguity by resort to the prayer." Yeager
against r.xcnang National bank of Hast
ings, 52 Nebraska, 32L
8. The giving of a not by on party to
another In settlement of the difference be
tween them is a good defense In an action
by the maker against tha payee to recover
prior existing claims, in the absence ot
fraud or mistake, but such defense must
be pleaded.
146. Tavlor aa-ainat Rtull and Clark.
Appeal, Cass. Reversed and remanded.
U-ood. C. Division No. 1.
1. Under section 8(07. Cobber's Anao-
tated Statutes, providing for attorney's
lens, the Judgment in favor of the prose
cutrix in a bastardy proceeding Is subject
to tna lien or bar attorneys ror profes
sional services In obtaining such Judg
ment.
2. An assignment of such Judgment
after tha Ollng of tha attorney's Hen does
not affect such lien, sad the assignee
takes th Judgment subject to th attor
ney' lien.
14645. Hobson against Huxtabls. Ap
peal. Adams. Judgment in favor of Roy
V 1 1 A I . 1 II, M.I - n. . .1 .
a. 1 luu.iyii biiu Uliil X. n UUHH 1 1 1 1 liinu ,
Judgment In favor of Ida Belle Busby and
Oeorg W. Hobson reversed and their ac
tion dismissed. Calkins, c. Division
No. 2
1. The actual use of a dwelling as a
family home la a sufficient selection under
the provisions of the homestead law.
2. V here the homestead is selected
from th property of the wife. It must
be with her consent; but such consent
may, until ths contrary is shown, be pre
sumed from the use and occupancy of
tna property aa a family horns.
I. L nder the provisions or sections 57
and 59. of chapter 73. Cotnpllsd Htstutss.
a remainder niui may bring sa action ts
quiet title during the life of the life ten-
nt; and th running of ths statute of
RAILWAY TIME CARD c
WsCBSTKR STAe 1ST1I 4 WE8ITEB
Cbleags, St. raal, Mlaseasslis
Oataku.
Leave. ArHvft
Twin 'City 'Passenger. ..b 4:56 am b 8:1 pig
Sioux City Passenger., a 2 pm a!1:arn
croersoii tocai .....
Emersun Local .......
Misaoarl racial.
Local via SVaeptAeT
Water
Falls City Local
.. b 1 11 pm b 8 .10 ara
. 0 (.46 am 5:60 pis
..a 8-05 am g 130 pm
..a 1.-60 pra alL20 am
a Dally, b Dally except Bundsy. d Dally
exce. i reruraay ounaay only. I uly
exoept 24 or day. ,
OCEAN STEAMSHIPS
SCriKriNAUwi-AmiiacAii im
laC T Twta-4tcTwPiiiigs Btsssaara
Korw87, Swcici isA Ceanjrk
Ss'ttss lesta Kn Vera st nous,
tl stars giuas....ulr MOmst'II ia
t. V. TwMfB Jlr U.li, (liar Am. U
sim Its as as snr jaif u, Ms aa4 a;
sum Cata 44 nut ia lr is. fet.
A- 8U. JuWaaan A Ca. 1 iavsadway, Y.
ISI kasl tlua ax.
nniPNT clarks tenth aw-
Wlflull I NCAL CHl'lsH. Fsb. A
'0s, 70 day, by leclally etiartered 8 a
Arsblc." 18 OS; tuns SO lofhU TO
. . . i. a r, -i-uvp ' . l a. i .
m i ' , k., j ii n v r ij&j.
FsvAKJC O. CXvAJksT, Tisiss 3i4g. tf, V.
I limitations 1 not In ch esse postponed
until th dralh rf n in tcnont.
4. Where a defendant In an action t
i quiet title, claims as a co-tenan; with th
I rlalntlff. and the action proceeds to a
1 decree quieting tl;le In tne eo-tenaota,
, plaintiff ami defendant and against ts
oilier ueicnuan-. ine rtion win rf
deemed an net ton to quiet tills; and l(
the statute of lim'tatlons would rum
aslnHt such actl.in by any defendant,
such defendant will he brd.
14850. Plant against Ch-ago, Burling
ton yulmy Iliilway Company. Appeal.
Itlchanlson. Reversed snd nrw trial
granted. Ames. C. Division No. 1.
Tha record discloses conflicting vU
donee upon ilist tiled questions of fact and
the cotirt therefor erred In peremptorily
Instructing a. verdict. '
14S52. Kohl'er wralnst Utighbanks. Ap
peal. Dawson. Affirmed. Jackson, C. Di
vision No. 2.
The action of a trial court In with
drawing a cause of artlna from the con
sideration cf the Jury will not P held
erroneou on account of th reason given
therefor bv th court if the withdrawal
la proper ror any reason.
14.RM. Russell against Estate ff Cless.
Appeal frriin Dodxe. Pewrsed and r
mended. Jackson. l Division No.
In an action against the represent at ivtx
pf a deceased ncreon. founded em an sllegwd
contract between th plaintiff and the de
ceased, where the execution and delivery
of a contract I denied, the plaintiff la ani
Incompetent witness to prove th fact ol
delivery.
14.864. Lincoln Township against Kearney
County. Appeal from Kearney. , Affirmed.
Oood. C. Division No. 1.
1. Action of the board of cmintT super
visors tn disallowing a claim against tha
rnuittv la final unless aDtienled from.
X. Th action of the board of county
supervisors In dlssllowlng a claim or
township Is not sffected by tha fact that
the notice of such tlleallowenc- was malted,
to a person who was an officer ot ths
township at the time of th filing of Ci
claim, but who had resinned his sffles,
when the written notice was delivered by
aurh ex-offlctal to his successor in ofTlc
within five day from the order of, dis
allowance. 14456. Fdrhlll afrslnst Mankey. Apft
from Franklin. Reversed and remanded.
Calkins. C. Division No. 1.
1. The death of a life tenant termlntg
the right of possesion of hla lessee.
2. Where th lessee of a life Utmnt pris
crops befor the U-atii of the lif tenant
and consequent termination of his lcae.
he Is entitled to re-enter to piiWIvSte, hsf
vest and remove such crops- but this right
ot entry Is not Inconsistent with th right
of possession of the reversioner.
14. KA Wlrslg sgainst Scott. Appeal from
Loup Affirmed. Jackson. C. Division No. 2.
1. The domicile of the parenta la pra
sumablv the residence of their minor chil
dren, but that presumption may be over
come by facts snd circumstances showing
s different condition. '
t Where minor children over ths saw or
14 years apply for and with tha consent
of their parents procure the aprtb'ttmcrt
or a guardian OT tneir persons ami prui.
erty th proceeding Is not open to collateral
attack on the ground that the parent ar
the natural guardians of their children.
14.SW. Ptste ex rel Mann agalnat Clark.
Appeal from Loup. Affirmed. Duma, 43.
Division No. L .
1. A county warrant Issued against tha
general fund of a certain year Is not pay
able out ot the general fund ot subse
quent year unless Included In the estlmats
of th latter year, or unless, sfter deduct
ing the items Included In such estimate,
sufficient remains to pay such warrant,
2. The amount received by the county
treasurer as Interest from depository bank
should be credited to the general fund e
the county Immediately on Its receipt and
can be disburaed only as other money bef-
longing to that fund. :
1461. Borland against Hegss. Appeal from f
Jefferson. Affirmed. Jackson. C-, Division '
A transcript Of tha proceedings befor
license board upon an application for t
license for h Sale of liquors, which does I
not contsln a certified copy of the final i
oraer or sucn imtiu, iiiottiiw i h"1"'
for review on appeal.
14SU3. Bullivan against Coarad. As-pesJ
from Jefferson. Reversed ami remanded,
Oood. C, Division No. L
1. Rulings of the trlsl court In excluding!
certain evldenca offered, examined and
held, prejudicial error.
2. Instructions that withdraw from tns
consideration of the Jury any material is
sue in tha case properly pleaded and sup
ported by competent testimony ar errone
ous. Instructions No. and No. 8 exam
ined and held, tn withdraw a material Issu
from the consideration of the Jury.
3. Under the civil damage aoctlon of our
liquor law (Section 71i6. Cobbey'e Annotated
Statutes) under ordinary circumstances a
saloon keeper Is not liable for damages re
sulting from the use of Intoxicating liquors
Bhn tlie I In nors were sold bv ths saloon
keeper to a third person who , thereafter!
furnished tha liquor to tha person who b-6
came Intoxicated and caused th tnjnryl
complained of. If It appears that the ss-l
loon keeper hsd no knowledge or reason to J
believe that ths liquors sold to the third j
person were to bo furnished to tho person!
who became Intoxicated. I
14MB. Mlnton against Palmer. Appeal from!
Dundy. Affirmed. Calhina. C Division
U petition to an Join the execution t
an erroneoua judgment a Juallo of ths
peace, which falls to show that tha plain
tiff haa exhausted his legal remedy by ap
peal or error, doea not stata a cause of amo
tion. '
1 Where objection ara ausUlnsd to thef
Introduction of any testimony, on thj
ground that tha petition doea not statei
facts sufficient to oonstltute a causa of ac-i
tlon. th plaintiff Is not entitled as a matter!
of right to time In which to amend his pe-l
tition: and where tne recoro noes tou 1
the character of the amendment proposed
to be made this court will no- review thel
action of th trial Judge m refusing leave,
to amend. " I
14SS7. a D. Mercer Company against Cltyt
of Omaha. Appeal from Douglas. Ai-I
firmed. Epperson, C, Division No. X. ' j
L In determining whether or not in ewji
era of a majority of tho foot Irobtags ot;
an Improvement district In the city ofi
Omaha have signed a petition tor repav-f
Ing, It ts necessary to consider tha toot! . .
frontage created, by the vacation of axi I
abutting street. . . L
2. One who held th title to city lots andj i
who had full I ower and authority to It" J
prove them was competent to petition fort
tha repavement of a atreel upon whlota such
lots abutted, under the Omaha charteif
(Section 7662. Cobbey's Annotated Statutes J
lii3), as It existed prior to isng. srovidmu
that such petition shall be signed by lh.
owners of the abutting property. I
liwiS. Young against CM Psl Cattle Conyt
pany. Appeal from Cherry. Reversed-'
bum. C. Division No. I. j
A person or corporation cannot bs hskt
for goods sold and delivered to an ro-&
ploy in th absence of a allowing that he
was authorised to make the purchase sink
to bind ths employer therefor.
I4fust. Rtata. ex relator Clark - again:
Vlmindge. Appeal from Loup. AlHrrued c
modified. Dulllu, C, Division No. 1. I
1. While a county treasurer should be re j
quired to account for th full amount o$
Inl.rwat li- nm lutM mllectjtd bv hillW UW
county commissioners should call to fa In
attention his failure to 00 so li viieir i
fusal to aettle with him is based sn that
ground, or pay th coat of legal proceeding"
brought to compel an approval of bis Don.
if such objection la not disclosed ocror
action brought to require acceptance as.
approval of bis onV-lsl bond for a asoon
terra of th vttlo lo which li ts besu
elected. (
2. The bond of a county treasurer wtso;
ha been elm-ted ts serv a second term
should bs approved by ths board si oounti
commission! s when he has, or stand
ready to account for an fund collected
him during Lis first term, sad mere lr-
regularities In disbursing tits funds In bu
bauds during his first lrni Is nut a. vali.,
objection to bis proposed settlement or tt
the approval of his bond lor a aeeonal tsrt
where such Irregularities occur on uis aa
vice of the county attorney and do Wj
in fact cause any loss to the county, or t'j
any on interested In the disbursement 4
th fund, and when tne treasurer n.
acted in good faith in th discharge of lfet
duties of pis ofnee, an espscuuiy is ii-
truu when It la apparent that ths astlen
of the board Is baaed on th refusal pi
the treasurer to comply with aa ordsr pr,
(he board relating to tha disposition 4
funds in his hands which contstoplstes
Illegal disbursement thereof.
14!A Edwards against State. Error (rcgrj
Buffalo. ABirmed. Ivetton, J.
1. Tha word "At auy stag of Htero
fiestatlon" as used In socllon 4 ut the srlsi
nal cuds, defined and held to xssan "a
i . u tuw a iit..n, n,
2. la a prosecution tor hon irtd In pno-i
Curing aa abortion under auction sf the
ii luiiiial cuds, dyiixg dtniaJiil j. rig pf tht
tlecoasatd may tw admitted la evident
under the same conditions and fbtirtsilori-j
as la vrosecattoMS fsr snausclsr or mas.
slaughter.
1)I. Fostsr sgainst Stat. Error fron
Krya Paha. Aluriued. Leuoa, J.
1. The defendant luad an aiinllcatU.n fni
a continuance, setting fortii fully what t4
believed th absacsl wnweaa would swear
if present 1 he stals 0e'sd to adiult tlis
th witness, if urwnl, would teotlfy
stated In th afnoavlt. Held, under tn di
curiMttrKM of tne ease ttiat there was ti
abuss of diserrtkm oa tli part of th eoux)
In overrallng Uie saot-kca lor s,'niaustuev.
t'artua asauist tst. 58 Neb.. J. I
1 Lvldei.ce examined on the question 4l
venue arid bt la. to as suHlitot 4a ssss1
i i . - . j - - .
coiuiuillcd to fceya i'al.k county.
I
ths vrIU.4 ot lbs Jury tt.al th