TITE OMAIIA DAILY BEE; SATURDAY. JULY 18, 1903.
r
V
i
7 i
REAL ESTATE
FARM AWD HAXH ,Ap FOR SILK
(Continued ) " '
BUNGALOW
Vrlclly up-di-date bungalow containing
reception hall, parloi. two bfdcurabfm,
bathroom, pantry, kitchen and two Ins
ets, birch woodwork, nil rnoms attrc
ttvely papered, cellar f til iy cemented, hoi
water heat, piped for ga. and wired for
lectrlc light. Kant front lot 42x125. located
Just north of Field club. S. ,'fcth Ave..
I'rlP" $1,000 cash; balance $35 pet
montn.
C. Q. CARLBEBCl. 911 N. T. LIFE
OC-M7a
IF TOT? want to bny. sell or exchange
real estate In liymtn t'o., H. I)., write
. to the Praper Land Co.. Draper, H. D,
rson bppm
(14) M4 10 x
ksED ABSTRACT CO.. Kt. I. Fromj,:
service. Oct oar prices. 1719 ITarnxm St.
FOR SALE OR RESIT Brick residence,
21 rooma; extensive grounds; walking
4lilnrrr suitable for resldwic. hospital
or club house. C. M. Brown, 407' Brown
Bldg. (19)-MW
LIST your property with Chris Borer. Hi
and cumins' bis. j
EEAL ESTATE TITLE TRUST fjrt
cilia V Wttl.tlUDON X'rbm W,
3
LIST your property with Christ Bovr. 2?d
s n d cu min g f. ai
REAL ESTATE
TARH AND HANC11 LAID FOR SALE
Canada.
rnAMPINO LAKE, Saskatchewan and
douthern Alberta selected lands, to fl
per acre. Settlers:, secure farms on crop
payment plan. Agents wanted. Write
Oundy A Gundy, Dept. B, Union Bank
Hide., Winnipeg.
Colorado.
OOOD FARMTNO IaAND Near Denver,
Oreeley district; wens i m reei; noun.
nr of moisture: general farming. In
eluding corn raising; one crop pays for
'"National investment co..
1S2 Brandeis Bldg. Omaha, Neb.
WANTED SITUATIONS
BANK STATEMENTS
BL'MDLB warning
Phone Web. J43
(I7)-622
WNTEP-A position as sdvertlaer. Am
an office man ar.d good bookkeeper as
well; can get you business; two yean with
my present employer. Addres Y 2.1. care
Bee. tn-M542 19x
WANTED-l'n.ltlnn by a good Japanese
for housework or taking cere of garden.
Aujres r. u. Hnx iM, council hiums. la.
27 M;7 ?x
REAL ESTATE TRANSFERS
1.300
Couniy treasurer to John H. Trenerry,
lot 11. block F. Proaoect Place I.
National Life Insurance company to
l-ll I'.t lr.,.n n.rt lot n OCK f.
Bweeeev's 4d 13.000
County treasurer to Fred Armbrust,
lot 19, block 4, Vsn Camp ana....
Same to tilery R. Hume, lot II, BJ-
ley s sutHiiv
Louis N. Grinder to John A. Sohenk,
lot 3. FlflJ Cluh subdlv
Oundoe Realty company to William
A. 1'axlon, Jr., lota 23 and M, air-
acres
MaTy H. Harteto Catherln B. Loury,
lot , Kaurman & .letter suoo.iv..
County treasurer to E. E. Balch. lot
18. block 14. Shull's 2d
Same to. same, lots 1 to a, blocs; 1:
lota 1 to 8 and 1, 11. 12. 1 16. it.
block . Reed's 3d add
Same to same, lots 1 to 10. 13. 14, 16,
10, block 3, and lots 7 ana m, aiocg
4. Reed s 3d add :
Bessie Kavar) and, husband to Mary
Hctter, lot 10. block 2, Wayne's sdil.
Harry A. Tukey to Reuben M. Bros
Jean, lot 3, Epworth add
Isalel Uormal to George 8. Brewster,
lot 10, block 1, I.akevlew
Ooorge Forgan and wife to Joseph B.
Fradenhurg. sr.. lot , block 7. Clif
ton Hill '
n n... to Tohn W. Wedmore.
lots 4, 6, 8, 7, 8. block 3. Pruyn Park 1.800
$430,270. SO
I.0S2.M
fjO.OnO.OO
laT.mto
19,lU.IW
7.S1
k.ttO.OO
17.387.M
84.000.00
,703.29
1"0
300
350
1.780
Report of the rondltlon t
Ta Nebraska Rt.l Bamk
at Omaha In the Stat of Nebraska, at ths
does of business, Jnly , 1W:
REBOITKCES.
Loans and discounts..
Overdrafts, secured
snd unsecured
U. 9. Bonds to secure
circulation
Other bonds to secure
I". 8. deposit. ..
U. S. bonds on hand..
Premiums on U. S.
bonds
Bonds, serurt'lra etc.
County and city war
rants Banking house, furni
ture, and fixtures ..
Other real estate
owned ...
Due from national
banks (not reserve
agents! 123v3J.H
Due from stats banks
end bankers
Due from approved
reserve agents
Phonic. an.l other rash
Items WM
Exchangee for clear
Ing house 18,V7.a
Notes of other na
tional banks
Fractional paper cur
rency, nickels ana
cents
Lawful money reserve
In bank, vli:
Specie
Ijpral tender notes....
Redemption fund with
U. S. treasurer (a"
of circulation)
BANK STATEMENTS
I
1411.W
29A.833.18
7,600.00
337.13
156.7S7.00
42,000.06
at
l,43t.ll
700,000.00
668.roo.oe
47.175.rt)
TMIe4.n
3co.ogo.oo
No. 1vB.
RJ&PRT OF THK CONDITION OF
late O ana ha. Ratio
at Omaha In the state of Nebraska,
the close ot business July 1. lm:
HtWiCHCES.
Loans and discounts I t,tl7,487.B8
Overdrafts, securei and un
secured V. S. bonds to secure circula
tion V. 8. bonds to secure U. B. de
posits Premiums on U. 8. bonds
T4nna Mlirltl.. etc
Banking house, furniture and
fixtures
Due from National
banks (not reserve
agents) 11.111 .641 U
Due from state
banks and bankers. 249.358.66
Due from approved
reserve agents l,WS,api.&3
Checks snd other , ,
cash Items 16.0W.59
Exchanges for clear- ., ,
Ing house l.SJ.006.87
NntM of other na
tional banks 2n,2d0.09
Fractional paper, cur
rency, nickels and
centa
Liwful money reserve
In bank, vis:
8pecial 81,037.881.00
de? note.; $39.2800- L7,161.0O- .71.364.00
Redemption funa
with U. 8. treasurer
6 per cent circulation
35.000.00
1S9,871Ad
.$12,659,427.61
..1 l.ntw.ono.oo
200.000.00
less expenses
Total..
. .$26,682
BANK STATEMENTS
WANTED We have several thousand
acres of good Colorado lands for sale; we
want good, live agents to represent us.
Globe Land and Investment Co., Omaha,
Neb. O0)-a
sM.asawai arssas-
Iowa
( FOR SALE
20 acres, well Improved, about eight miles
from the Omaha postofflce, only two miles
from the car line; best kind of alfalfa land;
good for fruit, chickens and garden' tr'uck.
no overflow, no mud. good neighborhood;
$500 cash down, balance dn longtime1; part
Irade. Apply to
GEORGE G..CLAEK,
it Pearl BC, Council Bluffs. Ia.
20) M445 23
Mlsaoart.
ONH SQUARE SECTION, good land, good
timber; two mile, live railroad town; pi
per acre; other laiitda. L. A. iiuuson, tuv
toa Valley, Howell county, Missouri. .
" (20)-Mki 1SX
Nebraska.
A SNAP.
THB financial flurry last fall enabled .us
to buy a l.uou-acre alfalfa, grain and stook
rattou ut a bargain; fur uutc tale we
offer this ranch at a small advance. C.
v W. Bowman, Willis Cadwell, Broken llow,
NebT taQ)-Mo4i Alt
Ta."
No. 7.
Report of the Condition of
The UaHed States Natll Bank,
at Omaha In the State of Nebraska, at the
close of .business July 15. 1906:
RESOURCES.
Loans and discounts.. $6,340.wn w
Hvasrl va ft a gmrmrtRrf
nd unftourd
TT Q ISnnritl tit HPriirA
r rrn lntinn ww,w
Q Wnnslai air 1 1 ra
k: n rf.nn.it a aio.ono.fl0
RnnAs wctlrttles. etc. 41R.MW
Hanktna house zw.uw.w
Diie from national
banks (not reserve
aifents '..$ 74.T.
Due from state banks
and bankers I3.rci.t7
Due "from ' approved
reserve agents i,tw,a.ra
Checks and other cash
Items lo.tWB.aa
Exchanges for clear
ing house - 209,005.42
Notes of other na
tional hanks $0,000.00
Fractional paper cur- i
renry, nickels . and
newts- :..........! lSSs
Lawful money reserve
in bank, vis.:
Specie
Igal-tender notes
Redemption fund "with
U. B. treasurer (5 per
cent of circulation)'. .
Due from U. 8. treas-
..... nlh.. than K rtr1
cent 'redetnbtlon fund 17.4OO.0O
Ttal LI A B I LITI ES.
Capital stock paid In..
Surplus fund
Undivided proms, less
expense ana taxes
paid
National bank notes
outstanding ,
Due to other national
hunk. $ 254.462.99
Due to state banks and
bankers ium
Due to trust com
panies and savings
banks 26,906M
Dividends unpaid 40-00
Individual deposits
subicct to check 991,41179
Demand certiflcatee of
deposit
Time certificates of
deposit
Certified checks
Cnshler'i checks out
standing
Vni'.ed States deposits
Deposits of V. 8. dis
bursing orncers
234.oW.46
TW.OUi.tA)
Total
LIABILITIES.
Canltnl stock raid In
10.nw.iw surplus fund
Undivided profits.
:,1S8.3!.!H and taxes raio
National bank notes outstanding.
$ 200.on0.00 Due to other Na- rv,
&0.WI.W I tionai oanas
Due to state banas
and banker....... 1,791811.87
63,341.80 Du to trust com
panies ana savins.
banks 127,320,7
Individual deposits
subject to check.... $,740,5fi8.l7
Time certificates of
deposit gl3.S65.2S
Certified checks 20,720.1
Cashier's checkt out-
standing 167.143.3S
U 8. deposits W4.290.63
Deposits of V. 8. dis
burslng officers 218,302.13 10,624,828.22
200,000.00
Supreme Court Syllabi
Total $12.659,427.8
State of Nebraska. County of Douglas, es.:
I W. H. Buchols, caahler of the above
named bank, do solemnly swear that the
above statement Is true to the best of my
knowledge and belief.
W. H. BUCHOLZ, Cashier.
Correct-Attest: J. H. MILLARD,
W. M. BURGESS,
L. C. NABH,
Directors.
Subscribed and sworn to before me this
int. r,r K.nA.ir. t oumv di LtiuKiH.. " I ...,. j.,.. 4 T..iu tana
i x v. EhtiarI cashier of the abovel1"-' u , C6V i iiiTcn Notarv Public.
named bank, do solemnly swear "'
sbove statement Is true to mo oesi u.
10,685. 72
145.8K7.2.1
l,6ft.0H
1412 87
12S.960.35
lt.0M.08 1.006,045.11
$2,198,386.94
State of Nebraska. County Of Douglas ss:
Total
7M.34S.nO i
345,000.00 3,307,526.95
Ivnntirl.HiTA and belief.
v. IS. blirAnu, amiict.
Correct-Attest: .-ca
Tt. W. TATE8,
W. E. SHEPARD,
H. W. YATES. JR..
Directors.
Subscribed and sworn to before me this
15th day of July. 1908, .
Notary Publlo.
JCo, 2776.
Report of the Condition of
The Merchaats Katioaal Disk
at Omaha, In the State of Nebraska, at the
close of business July 15, 1906:
20,000.00 1
RAILWAY TIME CARD
UNION STATIOJi- 10TH AND MA ROT
Total
LIABILITIES,
Cqnjtal stock paid In..
Burolus fund .
Undlylded profits, less
expenses, and .taxes
paid
National . bank; notes
outstanding
Due to other national
banks ii,wo,".wt
Due - to- state banks--
and bankers....'. i ww.ftua.ui
Duo to trust com
panies ana aavinB"
banks ................. 5.21T.7B
individual'. deposits'
auhtect to check .i.wf.awi.ea
Demand certificates of
deposit
Ttmo- onetlfteates ""-'
deposit v.... js!,8.i
$10,23,r47.84
fjaloa FaelSc
Overland Limited
Colorado Express....
Atlantlo Express
Oregon Express
Los Angeles Limited
43 431.76 irasi jua.ll.
sno.ono.oo
600.001). 00
400,000.00
110 WILL; 1va you. a start In the world.
Tchanos of a fUetlme. We sell, a larm
and two lots - In the flowu WuU
dlstrlot . of DlnuuU county, - Texas.
for $210. payable . $U) monthly -no
tiilerast, no-iaxes for two, years. Fann
ers are making from $200 to u0 per acre.
.,iT.- i.n mat water, a California
climated Wrtta for handsome Illustrated Deposits of U. B. dls-
book free, -DENTON cyMai. wat- burslng orncers.
PANT. Ban Antonto, Tex.
.. 2-M423 Aug 14x
fertlfled ohecka...
issnier s cnecae uui-
standing
United; States' deposits
uiur In the Brasos Valley,
Texas, the land of plenty; big money In
raising oranges nu f"U "
Reserved for taxes
Total.
29,ftk.a0
in, woe
; .670.01
v
' U5.Z24.81-
$,373(27118
6.435.91
....$10,923.m.84
Total...,.
ntotn of Nehraska'Countv of Douglas, at:
I. M. T. Barlow, presiaqni oi me niravi
named bank, do solemnly swear mil un
deoeiident If you own five acres of Bra- aDove statement la true to the best of my
aos valley iiwia, JZ ZZ anowieago iqu ucupi.
ferra a. $a down, balance $10 per month;
wasa-aarners this Is your opportunity:
loin our Omaha colony.
. R. H. LANDJOITOU,
ta. Board of Trade Bldg. w
(30) M561 18
lllseellaaeona.
IRRIQATED FARM LANDS In Colorndo
and Idaho. Write us or particulars.
Globa Land 4 Investment, Co.. OmK
REAL ESTATE LOANS '
LOANS --on Improved Omaha property.
tTKeef R. K. Co, 1001 N. Y. Life Bldg.
t22t aii
i?RlVATH MONEY-CASH ON HAND
' NO DELAY, J. H. MITHEN, 2-i 1ST
Cat. BANK BLDG. T&U DOUG. 1378.
Qfl)-2ii!
FIVE PER CENT
Money to loan on
Omaha business property.
; THOMAS BRENNAN,
e.v.m 1 Ma York. Ufa Bldg. .
.v .
M. T. BARLOW, President.
Correct Attest:
KUtUU MAK11IN,
B. M. MOR3MAN.
. C. E. YOST.
Directors.
Subscribed and sworn to before me thlt
17th day of July, wo. '
T.oan. and dlacounta..
Overdrafts, secured
and unsecured
U. 8. bonds to secure
circulation
U. S. bonds to secure
U. S. deposits
U. 8. bonds on hand..
Bonds, securities, etc.
Banking house
Due from national
banks (not reserve
agents) $ $.168,229.03
Due from state banks ,.J.
and bankers 208.944.M
Due from approved
reserve agents 387.1.2.04
Checks and other cash
't items
a 4:10 pm a 60 pm EXCnanges for clear
al2 :65 pm a 9:15 pm "bX,, 137.40S.54
Notes of other na-
tionai banka 65,051.00
Fractional papep cur
rency, nickeia nu
crnts
$383.199.74
5.436.03
$o0,000.00
190,000 00
40.000.00
).6 0."0
160.COO.00
Leave. Arrive.
..a 8:60 am a 9:40 pm
..a 8:60 pm a 6:00 pm
aiw:io am
.a 8:80 am a 6:46 pm
.a 4:00 nm a 6:50 pm
.a 7:42 am a 4:45 pm
.allJO am a 7e am i
U1009
China Japan Mall.
North Platte Local..,
Colo-Chicago Special
m. Mr rAtn annrir
C 011 ,vc V t -An v I .tPVa
Local Dla?iOV pill tV iiu LW1 Ul $IIUIIV- 1 vnv. t -w
. I in hanit VIS
Cbtcaco, Rock Islaaa rMmo UnVcle .....7.
HAST. I -i l.niH.r notes
r'l.l.... T ImltMl tIMUl all: 06 pm I Ua,UmntliU1 fund with
Iowa Local a t 0 am a 4.30 pm 1 lt. treasurer (6
Des Moines i-assenger..a i.m i" z'zz " I or circuii.iuv
bll:40 am b 9:66 pm
IUB " - : . r " I
Chicago (Eaatern Ex.). .a 4:40 pm a i.w pm
Chlcaga Flyer a 3:10 pm a 8:35 am
Rocky Mountain Ltd...all:18 pm :;
Colo. & Cal. Exprsss...a 1:10 pm a 4:30 pm
Okl. & Tsxas Express. . 4.40 pm a 1:16 pm
Mlsaoart Foinc
v r s. at T. ITvnreas.a 9:00 am a 6:45 am
k! C. & Bt. L. Express. all :15 pm a 6:60 pm pue to other national
Chicago St. Colo. Spe'l.a 7:25 am all:50 pm banks ...tl,09S.61.39
f.i a lire. u:xDress o-w wm i uuh ui it.
.a .n. pin o .j mat i ann dhiiiit-i.
.a 5:1S pm uwm
Ti'O 8t1 .20
145.6CO.0O- 2,363.246.83
U.500.10
Total
LIABILITIES.
Capital stock paid In.
BUrpiUB (una
Unoiviaea pronia,
expenses ana iae
rtnld
National bank notes
outstanaing
.$7,087,Oa.GO
t 6T0.000.00
3u0.0l0.00
80,039.79
25O.00O.00
.a 7:15 am a 3:43 pm
...a 6:00 pm a 8:30 am
nm ta fio.000 made promptly. F. D. Wead,
Wead Bldg.. lath and Farnam. (CT-aJ
bdivitu KinKTTT to loan. 3400 to S6.W0:
cash on hand; no delay. J. II. Sherwood,
616 Brandeis mag. jw
W.
t.
U2)-30:
tuivTS'.rt-f'itt loans and warrants.
' iraxnam Smith & Co.. 1320 Farnam St
VmrviTU MONEY NO DELAY.
' " T OABVIN BROS., 14 FARNAM.
ANTED City loans.
Peters Trust Co.
. IZJ) 304
LOWEST KATES Be mis,
Paxton Blk.
(22) 306
MONEY TO LOAN-Payna Investment Co.
MONEY TO BCILEk
Large or small loans at reaaonable rates.
Partial Daymeuts accepted on loans,
Cash oa band. Loam closed promptly,
W. H. THOMAS.
10s First National Bank Bldg:
tU2)-980 IT
PAYNEi BOBTWICK A CO.. N. Y. Ufa,
Vrtvata Money. VM0 to 5,0ua Low Rate.
(23) 4
No. -209. n
Te First National Bank of Omaaa,
.t Omaha. In the state , of Nebraska, at
the close of business iuy it, u:
RESOURCES.
Loans and discounts $ 6,532.347 21
Ovu,rafl, secured
and unsecured
TT a hnni to ..cure
circulation 410,00).00
U. 8. bonds to secure
V. 8. deposits 90.000.00
Mho hnnrf, to RMUri
U. a, deposits u,o.w
Tl I w-w, a nn T T R ,
bonds - '
Bonds, securities, etc. 471.876 80
Banking house, furnl- ,
ture and fixtures... , 125,000.00
Due from national
banks (not reserve
agents) $ 690.584.89
Due from state banks
and bankers st,uT.s
Due fioni approved
reserve agents iuu.isw.ji.
Plutdgn end other
cash items ..; si.sja.iv
Exchanges for clear
ing bouse zit.73i.fu
Notes of other na
tional banks iw.wu.uu
Fractional paper cur
rency, nickels ana
cents 293.83
Lawful money reserve
In bank, via:
an.nl. -..V 435.260.00
Legal tender notes... l,2ut),4S.00 4,021,360.86
Redemption fund with
U. 8. treasurer to
na. r.nt of clreula-
tlon) 2O.5OO.00
Due from IT. 8. treas
urer other man s
per cent redemption
fund
Overland Limited.
Perry Local
Illinois Central
Chicago Express..
C4.Ia.ifa T.lmttad..
Mlnn.-8t. J-aui express u i "
Minn.-Bt. iaui iiiji... .w
Cblcaga Nortfc wester
Chicago Daylight a 7:25 am all: pm
Qt Vtnl.M nil H.ID.
Chicago Local all:M am a 8:8 pm
Bkiux City rassengor...m i. - v
Chicago Special.......... 6:00 pm a 8:23 am
Bt Paul-Minn i,imuea.B a. pm
Tji. Anceles Limited. ..a 9:36 pm al2: pm
nv.ri.nrl Limited al0:00 pm a 8:23 am
811,940.23
I n d Ivldual deposits
subject to check.... 3,006,866.94
Demand certificates
of deposit
Time certificates of
deposit
CertUIed checks ......
Cashier's checks outstanding
"I 7:2 am iioiS m 8. deposits
78.00
708,948.98
$1,682.62
lfi617G.08
190,041.67 6,0C,881.1
1622L Beeves A Co. aaalost DeeU. Av
peal. Bulfalo. Raverseu. uuiflc. C. Dlvl-
sloa No. L
In a suit oa ths Dromlseorr notes ot the
defendants, the defense was made that the
notes wore given for machinery sold under
a warranty that had failed, and that a con
troversy thereon arose in sottmmem oi
which the defendants agreed to pay certain
of the notes and the plaintiff agreed to
repair the machinery and make It conform
to the warranty. When the plaintiff of-
ierea to repair the machinery, oeienaanta
refused the offer on the ground that the
repairs proposed would be Ineffectual, but
on the trial they were allowed to show as
a reason tor recusing tn repairs tnsT in
offer came too late In the season. Held
that the court erred In allowing the ie
fendantt to show another and a different
reason for refusing repairs than that made
to the plaintiff when the offer to repair
was made and before suit was commenced.
J6Z2. Blum against Nebraska-Iowa Cream
ery company. Appeal, rmugras. Aiiirmea.
rawcett. u u vision Mo. i.
1. "This court will not set aside the
verdict of a Jury for want ot evidence to
support It If there Is sufficient evidence
In the record, taken by Itself, to have sup
ported a Judgment by default, unless the
preponderance of the evidence against the
verdict la so strong as to Indicate that
the verdict must have been predicated up
on something other than the evidence."
U.ilon Pacific Railroad company against
Pickenseher. 110 N. W.. 6t',l.
1 The pleadings tn the case examined
and held not to tender an Issue as to
whether or not plaintiff was a stockholder
In defendant company.
3. Where an employe of a corporation
under a contract of employment tor a
stated period, on being requested to re'
sign his position and surrender his con
tract, delivers to the secretary, for sub
mission to the board of directors of such
corporation, a written resignation contain
ing certain conditions, eubaenuent oral
statements made by him to Individual mem
bers of the board, that he la willing. If
necessary for certain purposes of the board
ot directors, to waive the conditions in
serted tn said written resignation, are not
alone, sufficient to constitute such waiver,
15225. Jarohaon again st Doll. Appeal from
Douglas. Affirmed. Epperson, C. Division
iv o. l.
1. In an action for malicious prosecution
upon a complaint to prevent crime, it Is
not error to admit In evidence the finding
of the magistrate that there 'as no Jus
cause for complaint. Obernalte again!
Johnson, m Neb. 773. distinguished.
Z. A threat to Inflict personal violence
upon a trespasser, if he persisted in ni
wrongdoing, will nt justify him ln prose
cuting the author or the threats upon
complaint to prevent such personal violence,
1523a Omaha A Northern Pacific Railway
Company against Sarpy County. Affirmed
Appeal from Sarpy. Calkins, C. Division
No. 2.
1. The power given by section 3 of article
I. chapter 89 of Compiled Statutes 'to lre
clude. a branch ditch, drain or water course
necessary to secure the . object or the Im
provement, whether mentioned In the peti
tion or not, la not confirmed to such
branches, ditches or drains aa are wholly
designed to drain the land lateral to the
line ot the main ditch.
2. The county board. In fixing assess
ments for benefits conferred by the con
struction of a branch ditch under the pro
visions of article I, chapter 89 Compiled
Statutes, acts Judicially,- and Its Judgment
ana rinatngs win not oe reviewra ior ermi
In an injunction suit brought to restrain
in the execution thereof.
8. Where thrco railroad companies, being
wner. lessee and sub-lossee. respectively.
of a railroad. Join In an action to restrain
proceedings under the drainage act of 18H1.
on the ground that.due notice of such pro
ceeding was not given, It la Incumbent
uDon such plaintiffs to show want of knowl
edge of the existence or sucn proceeumgs
in time to appear and contest the same.
4. Where three companies are mteresiea
In a railroad which is claimed to be dam-
aared bv the Improvement of a branch ditch
which was constructed prior to the building
of the road, the question of such damages
s Droner r disposed or In the original pro.
caedlng; ar.d the mere fact that no damages
were allowed one or the companies aoes noi
make such proceedings void ana suojeci to
collateral attack.
6. While bv its title the drainage act or
18S1 (article I, chapter 89, Compiled Statutes)
Is restricted to the purpose or araining
swamp and marsh lands only. It It not void
as In contravention of section 11, article HI
of the Constitution.
16244. Rogers against city or umana. Ap
peal from Douglas. Affirmed. Fawcett, C.
Division No. 2. , -
1. "A warrant issuea py a city in con
sideration of a demand which la a valid
obligation payable out of Its general funds
i. not invalidated by a recital, not con
templated by the statute, that It shall be
payable out pf a special fund which the
city is noi utnonztu iu i-i.r.v, w. i
a special fund which the city may lawfully
create, but the failure to create which is
due solelv to the fault or negligence of the
city." Abrahams against City of Omaha,
114 N. w. lbl. -
2. The statute or limitations aoes ni com
mence to run against warrants issueu oy a
nuinintonl corporation, payable out of a
special fund to be created, until each fund
has In tact Deen creaieu, mm iufhj i. u.
ctent money In the fund with which to pay
the warrants.
16247. Klce against pnarp. yippcui irom
Thurston. Affirmed, f awcett, u. uiviaion
No. 2. . . .
Where the pleadings support the Judgment
Total....
$7,087,021.60
State of Nebraska. County of Douglas, as.:
I, Luther Drake, president of the above
named bank, do solemnly swear that the
above statement Is true to the beat of my
Vast Mail
nionx Citv Local...
Twin City Limited
Norfolk-wonesteei
Lincoln-Long Pine
Dead wood-Lincoln
Casper-Lander
Hastings-Superior
Fremont-Albion ..
Wabaalt
St. Louis Express., a 6:30 pm a 9:26 am
St, Louis 1ocal (from
Council Bluffs) a 8:00 am all:16 pm
Standberry Local (from
8:36 Dm
.a 3:50 pm a 9 20 am
.a 8:20 pm a 8:00 am
.a 7:40 am a 6:30 pm
.a 7:40 arp 10:35 am
.a 3:00 pm a 6:20 pm
.a 3:00 pm a 5:20 pm
.b 3:00 pm b 6:!0 fm
.b 6:80 pm b 1:36 pm
. . ANi KAlf.f
B11U.C rvrTHRR DRAKE. President.
Subscribed and sworn to before me this
Notary Publlo.
(Seal)
Correct Attests
T T. HAMILTON,
JOHN F. COAD,
O. a. ROGERS,
Directors.
H tl NTTN G0VEKLO RD0 Fl"ffE SEA
Council Bluffs). .......b 6:00 pm blO:U am I Bport whlc Few Flsbenaea I'
rendered, and the correctness of the court's
findings upon the evidence auicei on in
rial, the liHigniem win dw uuim -
less the bill of exceptions Is certified oy
he clerk of the district conn as oeios;
Ither tli orlclnal or a copy or ins one
allowed and onlered made a part of the
etord of the rase.
lf?4. Olmsted against Noll. Appeal from
Saline. Affirmed. Calkins. Division N. 3.
1. It Is ths settled law or mis sii mi
tior cannot be predicated upon the ovr
uiing of a challenge to a Juror for causa
when the record does not disclose tiint me
oinplainlr.g party has exnaustea an nis
ri'pmutorv challenses. .
2. Where the court directs a verdict In '
favor of one defendant and submits tho
cauaa to the Jury as la tha other defend
ants, and the Jury returns two verdicts,
one tor the defendant In whoa? favor the
court directed a verdict, and another
against tha other defendants such verdicts
will be considered as o wnere no enac
tion is made to their form at the time of
their rendition nor until after tho dis
charge cf the Jury.
3. Where a verdict IS lercrreu iu i.n'i
of one de.entiant and against the others.
but the Judgment enters II ereon tana io
tn.nti.ut tha .lotondant in whose favor the
verdict finds, euc-h error does not prejudice
tha other attendants anl it rot grouuu ior
reversing a Judgment as to them.
4. Where there nas oeen no ourr 'i
proof of the facts sought to be elicited by
a question excluded, .ne ruling oi "
court In sustaining the objection ts not
properly presented tor ro.ew.
B. A jauv cannot predicate error in lb
gtvlng of an Instruction vpen the ground
that the same is noi . niiiu'itniij "i"i
unless he has first called the attention of
the court to such defect and the court has
refused to correct the same.
6. In an action brought ny a wire againn
llnno. H.lr. for loss of support, although
the evidence falls to show the actual rose
of such support, a verdict win not oe
aside unless the smount is so large as to
clearly Indicate passion or prejudice In
the minds or tne jury.
1525a Sabln against Cameron. Appeal
from Itncaster. Reversed and remanded.
Good, C. Division No. 1.
1. The record ot a mechanic's lien Is not
Competent evidence c-ior of tne time when
the material and labor therein mentioned
were furnished, or that such labor and
material were furnished and used upon the
building therein described.
2. It is reversible error to Instruct th.
Jury upon a question not ' raised by the
pleadings nor applicable to the evidence,
when such Instructions have a tendency to
mislead the Jury or have a prejudicial ef
fect upon the party complaining.
15.114. O'Connor against Padget. Appei'i
Cuming. Affirmed. Epperson, C. Dtvlsloi
No. 1.
1 Error In the admission of Incompetent
evidence mir be cured by an Instruction
which directs tho Jury to consider as an
established fact tho transaction sought ty
be Impeached by the Incompetent evidence.
1 A communication made tn an attornc
at law. where the relrukmshlp of attor
ney and client does not exist, Is not priv
ileged, although the attorney was employe!
in some other capacity.
3. The fact that a witness has testified
to a conversation with a party. In which
tho latter made admissions agnlnst Inter
est, will not permit the party to testify
to statements made by him In another
conversation consistent with his theory of
the case.
4. Generally a party cannot complain of
the court's nondlrectlon of tho Jury, unless
he has moved the submission or an in-
struct Ion In point. i
1568'?. Nebraska Telephone Company
tgalnst the City of Lincoln. Appeal, Lan
caster. Affirmed. Letton. J.
1. The franchise or right to occupy tho
streets of a city by a telephone company
js not Identical with the business or occu
pation of the company.
2. An occupation tax measured by a per
mnliiiA of the cross earnlnas of a tele- ,
phone oompany whose franchise Is also
taxed In connection with its tangible prop- j
ertv according to Its value as a going con
cern, does not tax the same property twee.
3. The provision for an annual payment
of $Vi0 to the city of Lincoln In the re
spective franchise ordinances ot two tele
phone companies "In consideration of the
rights and privileges granted" Is a sum
exacted by the ctty for the privilege of
using the streets under Its proprietorship
of the streets and while termed a "privilege
tax" is In the nature of a rental charge
or compensation for the use of the streets.
4. The exaction of a percentage of the
gross earnings ot Its business in the ordi
nance granting a franchise to the Western
Union Independent Telephone company la
an exercise of the taxing power of the
city and Is a tax upon the business or oc
cupation of conducting a telephone busi
ness within the city.
5. Such provision Is also legislative In
its character and subject to repeal.
6. A provision In an ordinance Imposing
an occupation tax that "the sum and
amount of the occupation tax or taxes on
the gross receipts requirea to ue paiu
under existing ordinances" may be d
ducted from the amount of the tax, Is not
void because not uniform as to persons
nr nronertv. since by its operation all per
sons engaged In the same occupation are
taxed upon the same basis and in the same
manner. ...
7 iTnd.r Its charter the city of Lincoln
m.r l.arfullv enact an ordinance Imposing
unnn telephone companies a business or
n..Mr.tlon tax measured bv the cross re
K,lnt n'ithln the citv and the fact that
tolls and rentals collected within the city
are In part for messarea over Unas tytrsr
In part Doyoiid we cut liremi new no
Invalidate tne r. Wrtm Union Tol. Cat
vs. Kronont. 59 Neb.. S9C
1141 . HoweU aa-awa. Sheldon. Appeal
from Hall. Reversed and cause dismissed.
Letton. J.
Under the statute) pre v Id lag that tha
"PoldlerV and Sailor Home shall be ua
rdar tho chare of tha Hoard of Put'llo
Lands and Funding. taat sucn noarti
"shall sdopt such regulations aa they may
deem expedient for tbe proper mans
meat ef said home and may chanse such
regulations from ttm to time aa ther
may deem best;" that the nvangement of
the home shall be vested In sIJ board,
and that "thev shall prescribe rules of
admission to said home In aocordsm- with
tha provisions and objects ot this a-4."
the enactment of a rule w hich requires all
present or future member of the hom,
who receive pensions in exec of $1. per
month to pay a percentage r tne nension
money for the benefit of th home, t
within the discretionary power c-t the
board In the management of the Institu
tion and Is not such an souso or oiuciai
discretion aa would warrant a court In
Interfering with the Kgslly constituted
authorities In charge of the home.
liSJJ. Clark against Sister ot the so
ciety of th Holy Child Jesus Arl
from La-vaster. Affirmed Duflle. C.
Division No. 1. . . 1
1. It Is a general rule that where prop,
erty is conveyed directly to a corporation
to hold for us In the purpos for which
the corporation was created, no trust for
the benefit of others arises, even though
tho conveyance contains a condition di
recting the use of th property In a cer
tain manner from which third parltck may
be benefited One cannot be a trustee ot
properly and u beneficiary at the
tl"10- . ...
2 F conveyed certain real property to'
one of tho defendants, a religious soi'lety.
Incorporated for the purpose of establish-
Ing and conducting a convent school. 1 ne
d.ted contained a condition "that tho
grantee herein hereny agrees io ii-m -
n.....t.ini ni t,ii,i,..,i ittlinM rtarents.
are known to be unable to pay) trvf ot
charge." There was a further condition
that In case of fallnre to tearh the chil
dren above referred to free of charge, or
to use the property for convent M"00'
purpose, or in case the property should
he diverted to any other use. then the
property should revert to and be the rrop
ertv of the grantor, If living, and If dead,
to hla heirs. Hold, that said conveyance,
did not create a trul for the benefit er
third parties, but was a gift of the
ertv to the corporation for the use n tno
purposes for which it was creatod upon
conditions subsequent snd that upon tho
abandonment of the property ' ?
4,-rantee It reverted to tho heirs or F, na
having died In the meantime.
15640. 15641. K.642 151143 The State of
Nebraska (Pollack) against Several 1 u
vela of Land and Robert Smith. Appeal
from Dnugliis. 15640. affirmed 1j'.41.
15613 and 15613. reversed. Barnes. I . J.
1. Tha clerk of the district court l u
thorlxed by Inw. and It la his duly when
the statutes provide. fee. for any servtcu
required of him as such officer, to collect
or secure th payment of nir '-..ne in d
vance of Its performance. And this tty
Is one which lie owes to tho county, wiuvh
lias an Interest therein and t lumseli as
a protection against enforced payment u
tho county treasurer of fees earned By
him, but not collected.
2. The question whether that officer Is
to be held liable as an Insurer of the col
lection of Ms fees, or is only required l
exercise due diligence in tliut mutter, not
decided
3. Whore no foe Is provided bv statute
for the performance of an official duty,
such as- keeping a record of the . 1 'mini
proceedings ami orders of th court,- the
clerk of the dlstrlut court Is not authov-
- i..i n a f na for narforiulnff hUCll
duty, and mar be compelled to perform
such services without compensation oilier
than the salary allowed him by law.
, 4. Tho district court cannot compel Its
clerk to record a Judgment or decree on
Its Journal or make a complete record in
a case finally disposed of without pay
ment of his fees therefor in advance, or
the giving of proper security therefor bv
the party requesting tho performance, or
the service.
liflos. Platte Valley Milling, t ompany
agulnat Malmsten. Appeal from Dawson.
On rehearing former opinion us m ulifled
adhered to. . Unrnes. t.. J.
1 Th.. tnv II ut in the hands of th" county
treasurer will authorise hlm tr, receive and
collect the tsxes described men m; nm io
Invest hlm with Jurisdiction to Reno per
sonal property for the satisfaction or en
forcement of a tax lien thereon, the clerk s
warrant provided tor ny siniute miin ue.
attached to such list. ...
3. Until such a warrant is auaonen to
the tax list there exists no enforceable lien
for the payment of the taxes ugalnet tho
personal property of a tax debtor.
3. A purchaser of personal properly under
mortgage sale, beforw the tux Hen lias at
tached, takes It free of all claims for tin
taxes.
IM6. Wethercll ngolnst Adams. Appeal,
Merrick. On motion for rehearing, motion
denied. Epperson, C. Division No. 1.
Where tho validity of a certain deed was
the solo Issue tiled In an action quia timet,
a decree of the court "tlint the till tn said
premises be forever quieted in suld plain
tiff" will not bar defendants from ai-sertlng
rights to possession or title acquired by
virtue nf other contracts.
16040. Tarnow agalnHt Carmlelmel. Ap
peal Jefferson. Reversed und remanded.
Epperson. C. Division No. 1.
1. A grantee In a . executory contract
for the sale and purchase of real oMate,
refused upon the maturity of the contract
to perform lt. unless the grantor promise 1
to procure for him the outstanding title
or rema.iderm"n. In an enitroly separate
tract of land, and the grantor mado such
Chleaaro Great Western-
St. Paul-Mlnneapolia .... 8:30 pm, 7:$0 am
at -p.ni-Minne&nolla 7:20 am ".1:36 pm
Chicago Limited 6 06 pm 8:27 am
Chicago express : am "
Chicago Express 3:30 pm 3:80 pra
dulse or Care
CaHlvate.
ta
BURLINGTON STA 10TH ft MASOJI
Burlington
Denver California
Northwest Special ..
Black Hills
Northwest Express
Nebraska points ...
Nebraska Express .
Lincoln Fast Mall .
Lincoln Local
Lincoln Local
Lincoln Local
Tha swordflsh Is overlord ot the aea.
Neither the whale, the shark, nor any
other giant of the deep can conquer him
In private fight or public brawl. Neverthe
less, he Is peaceful In th main and seeks
Leave. Arrive. the simple life, amusing Dimseir onen wrni
..a 4 10 pm a 3:45 pm WOrld-wlde travel and always with delicate
avlop'm asiSpm utory Joy.. H. 1. th. daintiest feeder
.'.In m ilO:l$ im that swims, alway. kills htf own game and
,,..a8i5am a 6:10 pm I thereby Inaures Its treahnesi. Whereforo
..b 1.46 pm l llpm Brtdsenort. Conn.-
aJ0:6 pm and wherefore, again, men go forth to kill
f' pm I him for m.riiet and thereby at times (all
Schuyler-PlatlsmoutB ..t i.m rm rm am u(,v.t..re. that make the hunting of
a s.w am i . . ... .
..a 8:'0 rm
.D ::s am
tiger, and th .hooting of grixxlles palo
(
WANTED TO BUY
f HIGHEST prices for 3d-hand furniture, car.
MtsTclothe. and shoes. Tel. Douglas Sa7L
l'i-u7
. WANTED-Id-hand National cash register.
' Addrss C 707. cara Bee. (j5)-45l lux
WANTED to buy a good second-hand) tent,
either 7x7 or- 9x9. suitable for capping.
AddressJlarBee tt-2-1-
WANTED TO RENT
I Bt young married couple. m,VLdiT
4 cottage,- not too far out, $.5.09 mull.
Addr... J 713. car. B-,,, mjooW
'Tolal .' '
LIABILITIES.
Capital stock paid In
Surplus fund
Undivided profits, less
expenses and taxes
paid -
Natl""' bank note.
out.tanding -
Due to other national
bank. ...$2.S52.$45.4
Due to .tate bank.
and banker. . 1,916.523 91
Due to trust compa
nies and savings
banks 69,4.4.78
Dividends unpaid ....
Individual dep o s I t s ' ' '
subject to check.... 3.547,443.87
D mind certuicai so
deposit it,w.."
Time certificate, of
deposit i,ii.o t
Cer'ifi.d checks
Cashier's check, out-
standing bj.iis.di
U. 8. deposit. 194.UU823
Deposits of U. 8. dis
bursing officer. 69.2)9.66-
Reservrd for taxes...
210.0 0.00
$12,170,707.17
60,000.0
600.OJO.00
174.764 26
410,000 00
2440
Bellevue-Platt.'uouth
Piatt s mouth-Iowa
Bellevui
In
Chi.
Chicago Exprc
Chicago Flyer
ra.. Iw.l .
IK re"?M.r a?' j.V.:i-:5 5m rST, I'm ocean ga.troncm. into a raging water devil
Kansas City St. Jo.. a 9:16 am a 6:10 pm quick to percelv hi. advantage, charging
Kansas City & 8t. Joe . a 4:46 pm wllh th- lptt& 0I bullet and the accuracy
HTH WKBJTER. of a swordsman up against the Ion fUU-
erman tn the dory who trie to bring; nim
llevua-Plattaniouth b 1: pin (nto p,Btlmes for the weary weaklings.
.nV"r 'r.'? t T it fin IivS Im tha bold .wordfl.h la .till hunted In
IxTria. ::'.::::: ': Pm . l;?m mode a. primitive a. that th. Esquimau
.a v m pm a b.ju am ures to kill the stupid wnaie, ana tneo in
9:5 am all:) em ,, , lVl- ,.- rhanaea this luxurious
WEBSTER STA.
WANTED SITUATIONS
..ummcinrti attorney out of prsc
tlS a. prrt, with -."!
aoquamtanc In Nebraska and eou h
Dakota, deelres an engagement wltn
r-.ui.u firm or corporation or to act
s coft-UntiJ advls.-r and 'eV
of
private capitalist. . Experience In hand
hr.g larg mrontll cUlsns and real
aetata oeai "' "ra,lf,",," all
anrsaa aa ia bsip
Calrago, St. Paal, Mlaaeaaolla A
Osisha
Leav. Arrive.
Twin City Passenger.. ,.b 6:S0 am b 9:10 pm
Sioux City Passengnr... 3 06 pm alO-50 am
Emerson Local c :46 am c 5:66 pm
Mlsaoart faeill
Auburn Local ..
. 10,5t. 661.T6
147.15
IU.170.707.17
Total
State of Nebraska. County ot Douglas,
I.' T. L. Davis, cashier Ot the above named
bank, do solemnly awear that the above
statement Is true to th beat of my knowl
edge and belief.
T. L. DAVIS. Cashier.
Correct Attest:
f C. T. KOUNTZK.
L. I KOUNTZB.
JOHN D. CRkJGHTON,
Directors.
Bubsertb4 -and wora t hafera pn this
17th day of July. t.
JOHN U. S&AfON, Notary Publl.
to gaff. Then must th fisherman mee.ur
with exactness th lunge of th monster,
avoid It by a marvel of nloe side-stepping
in a plunging dory or he will be .pitted
like a lark.
It Is a curious thing that so little 1. gen-
b $:50 pm bll:t6 am erally known of the thrill of this .port; fo.
If most men were imunueu m n. . "-nation
.wordfl.hing .kipper, would need a
guard of constable, to keep stowaway
sportamen at bay. Lacking this knowledge,
th summer visitors at Block island catch
only faint, fleeting hints of the game when
they drift away from the rocking-chair
on the porches In the late afternoon and
waddle down to 111 Willi." wharf at the
Bas n to see tha day's eath weighed In.
The observer, learn very little. The fl.h
trmeu are silent. Disarmed, finleas. heed
lets, tha fiercest fighter, of the sea are
merely so many tons of food to be pur
chased by HI Willi, at the prodigal price
his generous heart dictate.. William Ingll.
In Harper'. Weekly.
Daily, b Dally except Sunday, a Sun
day only, d Dally except Saturday, e Daily
except Monday.
OCEAN STEAMERS
SCANDlNAVimUERICAN LItt
1 M Too Twto-rrw Pnunftl Steamer
Unset t
Norway, Sweden tad Denmark
Sslilng from Ntw York it soon.
C. F. Tleia....Jtilr ii t'aiuul (inn Aug. J
Hall s Olar Aug 1 1 Omr II Fvt. t
isleaa I7i an. p 6od4 Cabin 3T.i0.
A. B. aOKVftOJI tt CO.,
It K. asi -, Chicago, HI.
D. C. SCOTT, D.V.S.
to Dr. H. L. lUmacelattL)
RATS
OCfkM a4 HaapjtaJ, WB
(Sue
CaUa Pi aisgjCy Aaarvarad at All Bona.
fiSael. III.
Fralt Coar for Laackeaa.
Take fresh pineapple., oranges, pears and
peaches and cut Into round slice, and set
in Icebox to chill. When ready to serve
plaee on each plate first a slice of pine
apple, then orange, sear, ecn and on
top a larg rd cherry stuffed with walnut.
Pear over the whole a cherry syrup.
Own a Farm
Enjoy life live on a farm. The greatest life in the world is farm
. . - ... f t I 1 l A J
life. Let your children liv on a tarm a wnue ana see now strong anu
healthy they grow
Have you wanted to buy or rent a farm? But haven t you
been abl to find a satisfactory one?
Evtry day they are advertised in The Bee to be sold or rented-
some f the finest farms in the country. Farms on which you can
live happy and prosperous. The finest fruitf arms wheat farms and
cattle ranches are advertised in The Bee every day. No matter what
kind of a farm you wish to buy, sell to exchange just read the
columns headed "FARM AND RANCH LANDS". It will pay you
to read theseWant Ads every day. There is profit in them.