1TIE OMAHA DAILY BEE: SATURDAY, OCTOUEK 17.' IPO?.
ri REAL ESTATE
CITT PHoPKItTY rOli SAMS)
REAL ESTATE TRANSFERS
(Continued.)
- LEGAL NOTICES
(Continued.)
Lot Sale ---Easy Payments
HOME TERRACE ,
Right In town. Between 37th and 4 Oth' streets. Between Martha
nd Arbor utreeta. High, bightly and healthful. Near Windsor
School. Ten to twenty minutes walk to at least twenty mills and In
dustries employing large numbers c men. HOME TERRACE Is laid
out with present drainage and future sewerage In view bo no cuts or
fills will ever bo neccsHary. Martha Is the only street which requires
grading. This will be graded and cement walk laid on same at our
expense. Every lot on or above grade. Lots full 60 foot front
. Prices range from $150 to $300; a few are less. .Terms, $5.00 cah,
balance $1.00 a week or $4.00 a month. Not a dollar is added to the
price on account of the easy payments. Perfect title, Warranty Deed,
Abstract with every lot. A rare opportunity and one that will not be
repeated, because there Is no other tract so beautifully and advantage
ously situated that can be offered at the prices.
SALE Saturday, October 24th, from 2 P. M. until dark. Those
desiring to view the lots before this date will find someone on the
gronnd every evening from 4 o'clock until dark. Take West Side
. Hanscom Park car, get off at Martha street and go west, you will see
the flag.
Benson & Carmichael
Phone Douglas 1722.
64 2 Paxton Block.
(191-827 18
8a me to Frantlska SouKup, lot SO,
block l. Kountse s otn add
Same to name, lot (1, block 1,
Kountxe's 6th add 500
Lena Strand and husband to Ijiura
M. Cox. lot 6, block 11. Plalnvlew.... 2,875
Charles L. Thomas to Frederick Loth,
lots I and . block 6. Newport add.. 400
ElitH R. Patrick et al. to Jostah B.
Fickes, lot 12, block 4, Patrick Place BOO
Mattln M. Mackey and hunhand to
Bessie F. Petty, lot 6a. Fairfax add. 36
Josephine G. Hamlin to Alma E. Tom,
lot 11. Mock 23. Kountie Place 1.TO0
amp W. Dvorsky and wife to Hav
en- nit Coal company. Iota t and
, block I. Boyd add 1.150
United States to Polly Griffin, wt4
31-18-13
Qustaf Devolder to Florence Devol-
der. lot Z. block 5. Hammond Place. 1
Ollva A. Wilson et al. to William T.
Schneider, lota 21 and 22, block 6,
Creighton Helahts 1
Mary F. Bourke to William Berg:, lot
9, block B, Horbach s aubdlv 1
usle. A. Taber and husband to Abra
ham Monsky, w60 feet lot 8, block
16. Omaha 4,060
Preston C. Davison and wife to Mar-
Kret E. Waterman, lot 13, block 10,
Shull's 2d add 1
South Omaha Land company to Joe
Krzomien. lot 1, block 316, South
Omaha 430
Hans V. Anderson and wife to Isaac
N. Buner. part nwVi nwti 12-16-12 .... 3.200
Anna E. Dalnton and husband to John '
Havs Pursell, part southeast corner
33-16-13 250
Fred H. Hawkins and wife to Sadie
A. Norrts. lot 1, eso feet lot 2, and
lots . 7, 8, and 10, block 72. Ben
son 1
8ndle A. Norrls and husband to Fred
H. Hawkins, lot 6, block , Clifton
Hill 1
Christina Tlilelke and husband lo
George F. Ollmore, lot 16. block 130,
South Omaha 1
Edwin F. Bralley, sheriff, to Conserv
ative Savings and Loan association,
lots 11 and 12. block 5. O Berne A
Hosicks add 700
Harvey J. Orove and wife to Invert
I. N. Hood n et al.. lots S. 4. 5 and .
block 7, Halcyon Heights 4.500
YOUR OPPORTUNITY
Big Sale Saturday Afternoon
Lots on Ames Avenue Car. Line
$5 CASH, $5 A MONTH
$10 CASH, $10 A MONTH
Over 50 Lots to Choose From
North fronts, South fronts, East fronts and West fronts.
Any kind you want, some have city water in front, others
have cement sidewalks in and paid for, others covered with fruit
trees.
More new houses huilt in. this locality than any other part
oi Umaha.
PRICES $150.00 to $500.00 EACH.
Buy a lot on our easy monthly payment plan, when paid for.
Duna your nome.
Take Ames avenue car and get off at 33rd and Ames. Sales
man there at our Branch Office every afternoon from 2 to 5:30 to
show the lots.
HASTINGS & HEYDEN
1704 Farnam St.
Bee Building,
(19) -837-16
REAL ESTATE
FARM A I XI KAtll LAA i FOB BALE
(Continued.)
Coloraao.
FARM AND fRUIT LAND.
Denver Greeley district, under Irrigation;
sugar beeta. altalta, general farming and
fruit raining; low price, easy pay moms.
National Investment Co., U2 Braudels
Bldg., Omaha. Tel. Douglas owl.
t20)-773
lew.
FOR SALE Fine Lake Shore Resort Farm,
114 acres. Mile Lake Shore. Near Arnold's
Saxk and OkoboJI station, 2Vs miles I rum
pirlt Lake, la., and on the proposed In
' tarurban electric railway from Sioux City
and Dea Moines. Good Investment for
erection of hotels or cottages. 1'rlco Jvi
per aura. I A. Hemenway, owner, Spirit
Lake, la, t.i')-MwiJ
Kansas.
IMPROVED FARMS CHEAP.
I represent and own several well Im
proved farms In the oil and gas belt close
to good southeastern Kansas towns; near
two railroads' fine climate. Prices from $30
and up. Q. . VOSUUKG. Room 405 Hotel
Loyal, Omaha, or Thayer, Kan.
(3U'-M775 17x
-REAL. ESTATE LOANS
(Continued.)
MONEY TO LOAN Payne Investment Co
(22) 344
PRIVATE money to loan. J. H. Sherwood,
618 Hrandeis Bldg. - tlta M3lJ
WANTED-T0 BUY
WANTKD-To buy for cash, small lot,
miit.ihli- for St. louis flat; must lie close
in and chenp; slate size, price and lota.
tlon in U tter. Address P 6?i. earn Bee,
(23) 78 2x
WANTED TO BUY
HIGHEST prices for 2d-hand furniture, ear
pi. Is, clothe and shoes. Tel. Douglas Uvil.
Trtu.
FOR 8ALB CHDAP-5.900 acrea northern
Texas land; start colony; must sell at
pnee: 110,000 cash, rest good terms. Box
3u6, Ottumwa, la. (2o MN44 19x
If lacelianeona.
WANT MERCHANDISE.
M0 acrea Improved rolling -upland In Jef
ferson county, Nebraska. Good fence; liv
ing water. Price, 40 per acre. Same party
has lJu acres In Merrick county, Nebraska.
Nice smooth land In native grass. A fine
tract. 87b per acre.
ItiO acres, Harrison county, Iowa. Best of
valley land, luo acress In cultivation, bal
ance pasture. Fair set of Improvements.
Price, luO per acre. Equity, 10,ooo.
311 acres nice rich valley land in Holt
eounty, Missouri. One mile from town.
Every foot crop land. No better land for
corn, wheat and alfulfa. Price, lio per
acre. Mortgage S,6uO.
630 acres Do miles north of Council Bluffs.
All upland. In high state of cultivation.
Vell Improved. One of Iowa's best farms.
Price 3iu0 per acre.
8U acres beautiful rich prairie land In
Kossuth county, Iowa. oo acrea In crop,
balanoe In pasture and mendow. One of
the best Improved farms In the county.
Price I.'S per acre.
SiO acres In eastern Kansas, 78 miles south
of Kansas City. One mile of town. Two
Bt of improvements. Lies almost level
All In crop and tame grass. Prcs ITS per
era,
W acres one-half mile from town In Holt
county. Mo. All In wheat and meadow.
Boll H feet deep, no better. Fenced On
the main road. Price 175 per acre.
J. R. ADKIN8. Room 4. First National
Bank Bid-.. Council Bluffs. Iowa.
(3)-M7S3 17x
REAL ESTATE LOANS
WANTED To .buy stock groceries or gen
era! muse. Address y 153, care Rue.
(X) M821 18
RIGHT prices paid for 2d-hand furniture.
carpets, stoves, clothing, shoes. Tel. Red
041'X. ( S4S
WANTED TO RENT
WANTED By married couple room and
board in private family. Will pay well
for satisfactory accommodations. Farnam
or rianscom park district. Address A
C64. Bee. (2t Mtl
YOUNG married couple with baby, want
pleasant room or two with board. Either
private family or. widow lady. Must be
a nice place. Address D-737, Bee.
C1S'M868 18
WANTED TO RENT on or before Octobe
tt. a furnished i or 4-rootn apartment or
small cottage in good neighborhood. Give
run particulars. K-738, care Bee.
(26) M878 lSx
WANTED TO RENT a small cottage In
good neighborhood. Give locution, descrlp
Hon and price In letter. Address B-W,
tare Bee. (") Alsio Jdr
WANTED SITUATIONS
I watit to hear friu Omaha firm needing
services oi a man witn expert anowieagi
ot collections and credits, with exuerlenc.
In both office and field, a good correspond
ent and full uf energy and loyalty. Address
u wo Jjee. mo Mis lix
f
FIVE PER CENT
money to loan on
Omaha Business Property.
THOMAS BRENNA.N,
Room 1. New York Life Bldg.
Cli)-33
LOANS.
$600 to 15,000 on Omaha residence property.
O KEEFE REAL ESTATE CO.,
Douf. or A-Bi.1. lOul N. Y. Life Bldg.
' 02 M51W 11
MONEY TO BUILD.
$500 to lauo.uoo at current rates.
W. H. THOMAS, tot first N.t Bank Bldg.
WANTED City loans and warrants. W.
Farnaiu Binllll Co.. u.o Furnuin St.
v .
WANT ED CI ty loana, Peters Trust Co.
r " Vtiy-iU
PAINE. BOSTWK'K ft CO.. N. y. lMe
private money; W0 to IS.voO; iow rata.
$100 TO $10.00 made promptly. F. D. Wead.
Wead Bldg.. 1Mb and Farnam. u':j-lj
PK1VATB MONEY NO DELAY.
QAKVIN BRO.. ItM FARNAM
(XJ-Stl
IfiWMT JLATLsV iXsaU. PaJtlon Block.
CORNET player, with eight years" ex
perieiice, wishes orchestra playing In the
cuy. jvuurtos a uz, care t)ee.
t-'7) T.S3 lXx
STOVE REPAIRS
WE have In stuck (uo delay) repairs for
every make of furnace, aieani or fiot water
healer, water fronts.
OMAHA STOVE REPAIR WORKS,
lMo-t Doualas 8t.
Telephonei: Bell, Douglas Wo: Ind.. K-VJi
147-
REAL ESTATE TRANSFERS
Alfred Hogetts and wif to Martin
H eluh, lot 10, block 1, Anderson
Place : ; $ 155
twuiam M- Johnson ana wire to Swan
Larson, wlo3 feet of BWV block 8.
2d add. to t'orrlgan Place 1.175
uiwrence bkow ana wire to N. P.
Dndge. Jr.. right-of-way In eVs nwU
nw'.t lri-ltf-13
Same and others to same, 4 acres In
northwest corrur 10-16-13 J
raaiy a. Mcanane and husband to
William Law son, part f ', nwU 8-
1-13 875
Milton nodgers h-Hiale company to
Charles Gi ueiiig, w44 feet lot 4, block
laf.Omaha M.000
I nlied Keni Kstale and Trust com
pany to Clara smith, lot 5, block 14,
Kountie Place 950
Thomas if. Adams to John ewanson.
n;w feet block 14. Hickory Place 800
Harry Al. I lirisiie to John t.. tuler.
lot :'4. Christie Place 140
Joe R. 1-ane, ailmlnistralor, to Frank
Thomp.soii. all interest In lots,
hhx k. parcels and tracts of land In
Nebraka J
Jules Nieto to August Wide, est lot
. 10, and wt, lot 1L block I, Shlnn'e
id add $.000
Andrew Baieder and wife to Carl O.
Anderson, lot 8. block 4. Boggs A
Hill's add 800
Lulled Real Estate and Trust com
pany to Frank PI pa. lot i. block 1
Kountie s lib add utaa (00
Total $121,038
LEGAL NOTICES
PROPOSED CONSTl'l UT1UMAL AMEND
Tk fallowlna? croposed smtslmnl to
tke oonaUtaUua of the Ktate of stsbraska,
a hsremafter get torta U fall, is gab.
BUtted to ue eieovora 01 me Biaie 01
braska, to be TOted upon at tke areneral
eleoUoa to bo bald Tnesaay, iroTeabex 3rd,
A JOINT RESOLUTION to amend Bectlong
two (2), four (4), Ilva sh), six 1) ana
thirteen (13), of Article el (8), of the
Constitution of tne mate 01 ioeorasaa,
r.inini to JiMlrlal Powers.
Be It ateaolTed by tne Isgislatoie ot tht
State of wsorasxai
Kac.tinn 1. Amuusut oroDOsed. That
Ren Ion two Ut of Article six ID), of the
Constitution of the State of Nebraska, be
amended to read a follows:
Section 8. (Suoreme oonrti jaogssi
lorlsdiotton.l The gupremt Court shall
consist of seven 7) Judaeai and a majority
of all elected and qualified jucgea snail oe
necessary to constitute a Quorum or pro
nounce a decision. The buprema Court
hall have jurisdiction lu all cases relating
to the revenue, civil cases in which the
state la a party, mancamus. quo warranto,
habeas corpus, and such appellate Juris-
ill. t inn as may be provided by law.
Section 2. (Amendment propoaeo-j -j uai
Section four (4) of Artlcl. six to), ot the
Constitution of the State of Nebraska, be
amended to read aa iouows;
Section 4. (Supreme court, juagss,
leoMou. term, realoence.i he Judges of
the Supreme Cuii ihall be elected by the
electors of the state at large: ana tneir
term of office, except as hereinafter pro
vided, shall be six years. And said Supreme
Court judges snau, auring uioir term 01
office,' reside at the place where the court
It holden. . . .
Section 8. (Amendment proposed.) That
Section five (5) of Article six (U) ot the
Constitution of the State ..f Nebraska, be
amended to read aa follows:
Section 8. (supreme conn, juagmm,
election, terms ciuef lasUoe.j That at
the general election to be held in the state
of Nebraska In the year lfctt, and each six
years thereafter, thero shall be elected three
(3) jtiagea 01 the supreme i-curi, wno snuu
hold their office for the period of sl years;
that at the general election to be held In
the slate of Nebraska in the year I'M, and
each six years Uierafler, ttere ahall be
elected three (8) Judgea of the Supreme
Court, who ahall bold their oince lor me
period 01 six years; ana at tne general eiec
tlou to be held in the state of Nebraska 18
the year 1913, and each six years thereafter,
there shall be elected a Chief Justice of the
Supreme Court- who shall hold tus office
for the cwlod ot six years, f rovtded. that
the member 01 tne supreme court wnose
term of office expires in January, Ult, ahall
be Chief Justice of the Supreme Court dui-
Inc that tlmti until the exuliauon ot hi
term of office. And, provided further, that
upon the adoption of these amendments by
the electors of the State, the Governor
hall. Immediately upon issuing tne procla
mation aeutaring saiu aruenumenta auopteu,
appoint four 14) Judges uf the Supreme
Court, two (2) of wbsr shall be appointed
to hold (aid office until their aucceasor
hall be elected at the geneial election In
Ibuy, and have qualified; and the other two
) shall hold their offlc until their suc
cessors shall be elected al the general elec
tion held In 1911, and .t.ae qualified.
Section 4. (Amekdment proposed. 1 That
Section six (6) of Article six tot. of the
Constitution of the State of Kebraaka, be
amended to read as follows: .
Section 6. (Cnief Jueuoe.1 The Chief
Justice shall aerve as such during all the
term for which he was elected. He shall
preside at all terms of the-tJupreme Court,
and In his absence the Judges present shail
select one of their number to preside temporarily.
Section e. (Aunenomsni ;rvpoeo.j ini
Section thirteen (13). of Article six (6). of
the Constitution of Nebraska, be amended
to read aa folio s:
Section 13. (Judges, salaries.) That
Judges ot the Supreme Court snail each
receive a salary ot 84,oO, and the Judges of
.he District Court ahall each receive a
salary ot $3,000 per annum, payable quar,
terly.
Approved April 8, 1907.
I, Geo. C. Junkln, Secretary ot State, of
the State of Nebraska, do hereby certify
that the foregoing proposed amendment to
the Conatltution of the State of Nebraska
Is a true and mired copy ot the original
enrolled and engrossed bill, ss passed oy the
Thirtieth session of tho legislature of the
State ot Nebraska, as aooenrs from said
original bill on file In this office, and that
said proposeu amendment Is submitted to
the qualified voters i.f the Slate of Ne
braska for tliclr adoption or rejection at
the general election to be held on Tuesday
the 3rd day of November. A. D. 1908.
In testimony whereof I have oereunto set
my hand and affixed the Great Seal of the
State of Nebraska. Done at Lincoln, this
15th day of July, in the year of our Lord
One Thousand Nine Hundied and Eight,
nd of the Independence of the United
States the One Hundred and Thirty-third,
and ot this State the Forty-second.
.GEO. C. JUNKIN,
(Seal.) Secretary ot Stats.
iieh amendment the same shall fee itn,i
to be adopted.
Approved AdtII 8. 1W.
L Oo. C. Junkln. Secretary of Bute, of
the State ot Nebraska, do hereby certify
that the foregoing proposed amendment to
tne v.,',,-w."'.' ... u.aw uf fieormsKa
Is a truo and correct copy et tne original
enrolled and engrossed bill, aa passed by
the Th.rtieth session ot the legislature of
tne biii " "vpears irom
said original bill on file In thla office, and
that said proposed amendment la submitted
to the qualified voters of the State of Ne
braska for their adoption or rejection at tht
general election to be held on Tuesday, the
ird day of November, A. D. 1808.
- . . , .. V. , T U 1 .
in teaumuiij . n rui uuve Hereunto set
my hsnd and affixed the Great Seal of the
State of Nebraska. Done at Lincoln, thla
16th day of July. In the year of our Lord
UnS illUUDBIIU .-.Ilia nilU Eilglll.
and est the Independence of the United
and of this Etate the Forty-second.
(Seal.) Secretary of State.
THE SOUTH OMAHA AND WESTERN
HA I LhUAU vvAAir-A.-H t epeciai Meet
ing Omaha. Neb., October 7, 1908. A spe
cial meeting of the stockholders of The
South Omaha and Western Railroad Com
pany will be held at the office of the
Company in Omaha, Neb., on Friday. Le
cember 18, 19S, at 11 o'clock a. m., for the
purpose of authorising and providing for
the sale of the railroad of The South Omaha
and Western Railroad Company, with Its
franchises and appurtenances. Its real es
tate and personal property, to Union Pa
ctflo Railroad Company, the consideration
for such sale to be the cancellation of
the bonds and satisfaction of the mort
gage of said The South Omaha and Western
Railroad company, ana tne assumption of
all Its other Indebtedness by the s.itd
Union Paclflo Railroad Company; and for
the purpose of transacting all such other
business ns may legally come before the
meeting. For tne purposes of the meeting
the books for the transfer of stock will
be closed at 8 o'clock p. m. on Monday,
December 7, 1908, and will be reopened at
10 o'clock a. m. on Saturday. December
19, 1S08. T. M. ORR, Secretary. ObdtoD18
RAILWAY TIME CARD
UNION STATION 1 OTH AND MASON
Leave.
a 8:60 am
a 8:50 pin
.a 4.10 pin
a!2 Hi pm
a 9:30 am
,a 4:iO pin
.a 7:42 am
U4 :tu am
,M2:30 pm b 1:40 pm
:45 pm
,30 am
80 am
Union Pacific
Overland Limited
Colorado Express
Atlantic Express
Oregon Express
Los Angeles Limited...
Fast Mall
China and Japan Mall.
North Platte Local
Oolo.-Chlcano Special..
Beatrice ot tftromsburg
Local
Illinois Central-
Chicago Express. ...... .a 7:16 am a 3
Chicago Limited a 6:00 pm a 8
Minn. -St. Paul Express. b 7:16 am
Minn. -St. Paul Llm a 6:00 pm ' a 8
Chicago A Northwestern
Chicago Daylight .......a T:ZS am
St. Paul-Minn. Exp a 7 46 am
Chicago iocal all :30 am
Sioux City Passenger.. .a 3:80 pm
Chicago Special a 6:00 pm
St. Paul-Minn. Llmlted.a 8;) pm
Los Angeles Limited. ...a 9:30 pm
Overland Limited al0:oo pm
Fast Mall
Sioux City Local a 8:60 pm
Twin City Limited a 8:20 pm
Norfolk-Bonesteel a 7:40 am
Llneolrj-Iiong Pine a 7:40 am
Deadwood-Llncoln a 3:i0 pm
Casper-Lander a 8:00 pm
Hastings-Superior ......b 3:00 pm
Fremont-Albion b 6:30 pm
ft abash
St. Louis Express a 6:30 pm
St. Louis Local, (from
Council Bluffs) a 8:00 am
Btanberry Local (from
Council Bluffs) b 5.00 pm
Chicago Great Western
St. Paul-Minneapolis 8:30 pm 7
St. Paul-Minneapolis 7:30 urn 11
Chic ago Limited., 6:u6 pm 8
Chicago Express 7:30 am 11
Chicago Express 8:80 pm 3
Arrlva.
a 9:10 pm
a 6:00 pm
al0:16 am
a 5:00 pm
a P:15 pm
a (-45 pm
a 6:50 pm
a 4:45 pm
a 7:05 am
alt
alO:
a 3:
a 9
a 8
a R
al2
a 8
a 3
a9
a 8
a 6
alO
a 6
a 6
b 5
b 1
m 0:
all
blO
:48 pm
:20 pin
:28 pm
10 am
:2.1 am
'DO am
.36 pm
-a am
:35 pm
:M am
:0 am
:zo pm
:35 am
20 inn
20 rim
pm
:oa nn
25 am
15 pm
13 m
:30 am
3o pm
27 am
:85 pm
.30 pm
PROPOSED CONSTITUTIONAL AMEND
MENT. The following proposed amtndmsat to
the constitution of the State of Nebraska,
as hereinafter set forth in full, is sub
mitted to the electors ot the State of Ne
braska, to be voted npoa at the areneral
election to be held Tuesday, November 3rd,
A. . 190.
t
A JOINT RESOLUTION ta propose an
Amendment to Section 8. Article 8, ct the
Constitution of the State of Nebraska.
Be It KeselTSd aad Enacted by the .ts
latore of the State of Nsbraskai
Section 1. (Amendment.) That at the
general election for state and legislative
officers to be held on the Tuesday succeed
ing the first Monday In November, 19u8, the
following provision be proposed and sub
mitted to ths electors of the state aa an
amendment to Section 9, Article 4. ot the
Constitution of the State of Nebraasa:
Section 8. (Educational Funds, investment-!
All funds belonging to the state
for educational purposes, the interest and
Income whereof only are to be used, shall
be deemed trust funds held by the state,
and the state shaU supply all losses thereof
that rosy In any manner aocrue, so that
the same shall remain forever Inviolate
and undiminished; and snail not be invested
or loaned except i United Bta'.es'or state
securities, or registered school district bonds
of this state, and auch other securities aa
;iie legislature may from time to time
direct. And auch funds, with ths interest
and income thereof, are hereby solemnly
i.ledaed tor the purpose for which thev are
granted and set apart, and sliall not be
transicireu i " vimr iuiiu ior other
Uaee.
ttactlon 1. (Ballots i Adoption.) That
at said election In the yesr Had. on the
ballot of eacn elector voting merest, there
shall be printed or written the words: "For
nroDosed amendment to the Conatltution
with refereoee to the investment of the
permanent school fund." and "Against said
proposed amendment to the Constitution
with reference to the Investment of the
permanent school fund." And If a majority
et all voters at said sltviloa snail tf ft
Chicago, Hock Island A Paclfl
EAST.
Chicago Limited a 8:00 am alLOfi nm
Iowa Local a 7:00 am a 4:30 pm
Rocky Mountain Ltd. ...a 8:00 am alia pm
Des Moines A Eastern. .a 7:00 am a 4:3-1 pm
Des Molniee Passenger. .a 4:00 pin a:2:30 pm
Iowa Local blV:K am b 9:55 firn
Chicago (Eastern Ex.). .a 4:40 pm a 1:15 pm
Chicago Flyer a (.10 pm a 8:35 am
Rocky Mountain Ltd...all:16 pm a 2:50 am
Colo. A tal. Express. ..a 1:10 pm a 4:30 pm
Okl. & Texas Express.. a 4:40 pm a Iris pm
Lincoln a 8:i2 pm a 8;62 am
Missouri -bciiic .
K. c. fc m. i. r-xpress..a 3:oo am a 6:45 am
K. C. & St. L Express.all:16 pm a 6:50 pm
Chicago, iuiiwaok.ee St. Panl
Chi. & Colo. Special. ...a 7:6 am all:00am
Cal. A Ore. Express. ...a 60 pm a 8 25 pni
OvurlanH T.lnlt.1 ! fl-"iH ..... Q.u,,
Perry Local b 6:16 pm alLoo am
BURLINGTON STA. 1IITH A MASON.
lfsSf
Lotj Fa ires
to tho-
akotas andMontana
AAA nn or ie roun rom
QCifaiwU Omaha and Council Bluffs
to Lemmon, S. D., Ilettiiiger, Bowman and
Marmarth, N. D., and Mildred, Mont.
CO 7 Cn or round trip from
Ufa I iOU Omaha and Ccmncil Bluffs
to Musselshell, Roundup, Lavina, Harlow
ton, Moore and Lewistown, Mont. ;
October Cth and 20th
November 3rd and 17th
Tickets good to return In 21 days.
Books describing in detail the new coun.
try opened and opportunities offered along
the Pacific Coast Extension of this Bail
way, are free for the asking.
Tioket Offioe:1524 Farnam St., Omaha.
F. A. NASH
General Western v Agent.
Chicago,
ri!iiW(UiGB0!i0i.rdui i
Railway I
SUPREME COURT
Burlington
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OCEAN STEAMSHIPS
ORIENT
CLARK'S ELEVENTH
ANNUAL, CRUISE,
r.bruary 4th. M. Tl
4M, IT lixclsllr cb.p-
tered Steamer, S. S. "Arabic" 4 rooe. round ths
world. Oct. 14. '0. r. C. Clark, Tims. Bldf., N T.
TOM FLYNN VICTIM OF JOKE
Drnioeratle I.eadcsr la Captnred by
Benson Eagles and Placed
in Cell.
Arrested, locked up In a cell and fined
tl was the experience of Thomas J. Flynn,
democratic county chairman, at Benson
Thursday evening where he went to attend
the Eagles carnival.
Mr. Flynn Is president of the Omaha
lodge of the Eagles and went to Benson
to take fraternal greetings. As soon as he
stepped In the hall, however, he was tapped
on the shoulder by a big policeman and
hustled In a cell where ha was kept an
exhibition for half hour, the crowds
gathering around to see a real politician
In captivity. Mr. Flynn said that he was
sure he bad not embexiled any campaign
funds or had divulged any of the secrets
of the lodge and he could not imagine what
he waa arrested for. Finally he was taken
before the bar of justice and waa fined
13 for wearing his hat In the hall.
Lewis Meti was also arrested and fined
a like amount for refusing to wear a wig,
Dr. Martin was arrested and fined 2.60 for
being too fat.
Births nod Deaths.
Births Philip J. Tlce, 4727 Franklin, girl;
Joaeph Michalak. 2 South Twenty-ninth,
toy; toward unker, tau ttoum Thirteen-h
girl; William Dreyer. 018 Martha, girl; Ed,
ward Harrow. Benson, girl; Michael Mor
rlaaey, 340 North Fifty-sixth, girl.
Deaths Mrs. Vancantl, 1214 Pierce. St:
Harold Dleringer, St. Joseph's hospital, 3;
icnoias liauiunoss. til,, iwlujt tiuspl
tal, ta, '
16190. McNcny against Campbell. Appeal
from Webster county. On motion for re
hearing. Former Judgment modified to
read, "Cause remanded to the district court
for further proceedings." Motion overruled.
Per Curium.
16236. Amhler against Patterson. Appeal
from Douglas county. On motion for re
hearing, motion overruled. Dulfle, C.
1670. Leman rich hint Chlpinan. Appeal
from Saline county. Affirmed. Calkins, C.
1. A Judgmei.t. against a surety upon a
supersedeas bond la a debt contracted at
the date of the approval of such bond
within the meaning of that clauso of the
timber culture law, which provldea that
land acquired under such law shall not in
any event become liable to the satiHfactlon
of any debt or debts contracted prior to
the Issuing of the final certificate therefor.
15289. The Red Line Mutual Telephone
Company against Pharris. Appeal from
Nuckolls. Affirmed. Epperson, C.
1. Evidence of a conversation In which
one party states mere conclusions as to a
contract la not evidonce of the contract.
14ii8. Platto Valley Milling company
attalnst Malmsten. Appeal from Dawson
county, on motion for rehearing, motion
overruled. Barnes, C. J.
14977. Uarnes against Sim. Appeal from
Nemaha county. Motion for rehearing
overruled. Good, C, Division No. 1.
1. Contract for assignment examined and
held, under th evidence, to fall within
the provisions of section 1320, Cobbey's an
notated statutes for 1907, which provides
that, when the terms of an agreement havo
been intended in a different sense by th
parties to it. that sense Is to prevail
apalnst either party lu which h had reason
to suppose tho other understood h.
2. riylmbus in liarm-n against eim ei ai.,
114 N. W. 154, modified.
15152. The stute of Nebraska against
Fisher. Original. Dt-fuiidant suspended from
practlco of his profession in this and the
2. The courts will not Interfere with the
proper administration of the business af
fairs of a litigant, nut wnen necessary win
render asslHtance therein.
15291. Wlrutli against Lnshmett. Appeal
from Perkins. Reversed and remanded.
Epperson. C. Division No. 1.
1. The exaltlnit of value by an agent em
ployed to purchase real estate for his prin
cipal beyond what ne neueves u io oe is
not permitted, and if tho principal relies
upon tho representations of the agent the
latter and his co-conspirator are liable In
damages.
2. In action for the recovery of money
only, a verdict of the jury which finds that
the plaintiff is entitled to recover a certain
amount In cash and also threo notes de
scribed In the verdict Is erroneous.
15293. Mohr aitainst Rlckgauer. Appeal
from Boyd. Reversed and remanded, tal
kins. C.
While an oral promise toipay a commis
sion to a broker for tho sale of real estate
Is unenforceable because of the statute of
1897, so long as It rests In parol, It consti
tutes a sufficient consideration to support
a promissory note given In payment of such
commission.
16294. Nortnass against Pioneer i ownslte
Company. Appeal Irom Dawes. Aiurniea
riooii. Division iso. l.
1. A married woman has no Inchoate right
of dower In real estate which her husband
holds under a contract of purchase, having
paid only a part of the purchase price. An
assignment of such a contract of purchase
dulv signed and acknowledged by the hus
band alone Is sufficient to transfer to his
aaslKnee all his Interest In the land so neiu
S. When a runner decision vi tins coun
has established a rule of property, which
has been relied upon for many years as
ilia foundation of real estate titles, tne
court will not overturn such rule, although
It cannot assent to the reasoning upon
which it Is based. Grandjeah againat Beyl,
Neb. , 114, N. W., 414. followed and
annroved.
8. A contract Between a venaor ana venuee
of real estate la not affected by any secret
Intention of the vendee to use the premises
for an immoral or unlawful purpose.
15.97. pagan against Fagan. Appeal from
Nance. Affirmed, Fawcett, C. DivlBlon
No. 2.
1. The allegations contained In the 8th
paragraph of the petition. Bet out in the
opinion, when considered In connection with
preceding paragraphs of the petition which
allege specific acts of personal violence and
cruel treatment, held, as sufficient to over
come any previous condonement.
2. Evidence examined and Bet out In the
opinion, held, sufficient to sustain the
findings of the aistrici court.
153U1. International Text Hook Co. against
Martin. Appeal from Lancaster. Reversed
and remanded. Root. C. Division No. 2.
1. In an action by a correspondence
achool against Its pupil for a breach of
contract, arising from the wrongful refusal
of the latter to pay a balance due for tui
tion, that plaintiff might have employed
the time It would have devoted to defend
ant's Instruction under the contract to the
education of another scholar la a matter of
defense, which plaintiff Is not required
to anticipate In Its petition.
2. The burden of proof Is on the de
fendant to establish such defense, and on
failure thereof, or to riow olhef m-ts In
mitigation of damagea, the measure of re
covery Is the contract pric
15.m6. Prowett against Nance County. Art
peal from Nince. Affirmed. Calkins, C.
Division No. t.
1. The act of April 1. 1901, entitled anact
to amend sec. 19 of chap. 10 Comp. Sffat.
Ifc99, and to repeal said section ss now ex
luting (laws 1!M. than. 11) Is void because
the matter sought to be sdded to the
amendment Is not germane to the subject
of the section as enacted.
Kniaht against Lancaster eounty, 74 Neb.
82 followed.
2. Where In reliance upon the nrovlso
attempted to be added to sec. 19, chap. 10
Comp Stat, by the act of 1801. (ch'ui 11.
laws of 1401), a county treasurer brings
suit to recover the amount paid by blm as
compensation to a surety company upon
an official bond given by him and
la not stopped In such suit to assert the In
validity or such statute.
16313. Batten against Klamm. Appeal
from Lancaster. Reversed. Epperson. C.
Department No. 1.
1. In the matter of granting a license for
the sale of intoxlcnntirt liquors, it is the
duty of the licensing board to see to It
that the licensee is a man of respectable
standing and rharacter. It ianot permitted
them to indulge the presumption that nn
applicant is of good standing and charac
ter, when It Is denied by remonstrance.
I. Affidavits are Incompetent to prove
that the petitions for a liquor license are
freeholders when that question Is properly
placed In Issue by remonstrance.
15463 Yeoman against state. Error, Gos
per. On rehearing, former opinion modified
and adhered to. Barnes, C. J.
1. A defendant when on trial cnargeu
with the crime cf fulling Intoxicating
liquors without a license la presumed to
bo innocent until such a time as the evi
dence establishes his guilt beyond a rea
sonable doubt, and he la entitled to have
the Jury so Instructed.
2. A person charged with the keeping pf
intoxicating liquors for the purpose of unlawfully-selling
or disposing of the samo,
where such liquor Is found In his posses
sion, Is not entitled to the presumption of
Innocence which usually surround the de
fendant In a criminal, prosecution, because
the statute makes such possession presump
tive evidence of a violation of chapter 32
of the annotated statutes of 1907, regulating
the license and sals of Intoxicating liquors
in this state.
3. The supreme court may reverse a judg
ment of the district court, In a criminal
case, In a part and affirm It in part where
the legal part Is severable from that which
lu Illegal.
4. Former Judgment herein modified and
adhered to.
15708-10-11-12-13. State ex rel Woods
against Rathsack. State ex rel Woods
against Rathsack. Slate ex rel Woods
against Rathsack. Stats ex rel Woods
against Rathsack. State ex rel Woods
against Rathsack. Original peremptory
writ of mandajnus allowed. Uood, C. Dept.
No. 1.
1. Where a hearing has been had upon
an application for a license to Bell Intoxi
cating liquors and a remonstrance thereto,
and such remonstrance has been overruled
and the license Issued, and an appeal has
been taken to the district court within a
reasonable time, the license so Issued
should be recalled and revoked pending the
appeal In the district court, and man
damus will issue to compel the recall and
revocation of the license.
14175. In redlsbarment of William L.
Newby. Original. Dismlbsed. Letton, J.
In proceedings for disbarment the pre
sumption of innocence ap;lles and the cul-
f lability of the respondent must be entab
Ished by a clear preponderance of the evi
dence. 16146. Butler against Llbe Appeal from
Holt. On motion for rehearing motion
overruled. Per curiam.
15164. Backea against Schllck. Appeal from
Platte. Affirmed. Duffle, C. Division
No. 1.
1. Where a contract !s executory, one
party has the legal right to stop per
formance on the other s:de by an explicit
direction to that effect, subjecting himself
to such damage aa will compensate the
other party for being stopped In the per
formance of his part at that stage In the
execution of the contract. The party thus
forbidden to proceed cannot afterwards go
on, complete the contract and recover the
contract price as such; his only remedy
being for damages for breach of contract.
t. Where the vendor In an executory con
tract for the sale of goods receives notice
from the vendee that he will not accept
delivery of the goods or pay for the same,
and the vendor, notwithstanding such no
tice, leaves the goods at the place of de
livery named in the contract, and brings
suit sgainst the vendee aa for goods su!4
and delivered, he cannot recover In auch
action, either the purchase price of goods,
or the damage sustained In consequence
of the vendee s breach of ths contract.
3. A written BtlDUlatlon of facta or nivtn
of proof filed In a cause forms no part
of the record, unless mails so by a bill of
exceptions.
4. In ths absence of a bill of exceptions,
it will be presumed that an Issue or fact
raised by the pleadings received support
from the evidence, and that such Ibsus was
correctly determined.
15Z40. currier sgainst Teske. Appeal from
Madison. Affirmed. Uood, C. Division
No. 1.
Where a valid real estate mortgago has
been foreclosed, even though the foreclosure
proceedings were void, neither the mort
gagor nor anyone claiming under him will
he permitted to assail the title acquired
through the foreclosure proceedings with
out paying or tendering the amount of the
decree and Interest. Stull against Nasl
lonka, 74 Neb. 30. 104 N. W. lsa, followed.
16252. Ogden against Oarrlson. Appeal
from Harlan. Affirmed. Epperson, C. Di
vision No. 1.
L To secure a review of an equity case
In this court, the filing of a motion for a
new trial In the court below is not required.
2. A purchaser Is chargeable with notice
of a tenant's rights when the latter Is in
the actual possession of the real estate at
the time It is sold.
S. Tho execution of a new lease. In which
the tenant dues not expressly gt-serve fix
tures or improvements erected: by him
under a preceding lease, does not deprive
him of tho rittht to remove them.
16271. Cowporthwalt against Brown. Ap
peal from Pawnee. Affirmed. Fawcett, C.
Division No. 2.
1. "An assignment In a motion for a new
trial that a group of Instructions is erron
eous la bad If any one of them was prop
erly given." City of South Omaha against
Powell, 50 Neb., Tts.
2. An assignment of error that "the ver
dict la contrary to law" raises ths question
whether the verdict Is contrary to ths
law aa contained lrj the charge given by
the court to the Jury, but nothing more.
Drexel against Daniels. 4tf Neb., 81).
I. A father who owns Isnd upon which
Is situated a dwell.ng bouse ttliich, with
his permission. Is occupied by a married
son and his family as a residence, la with
out right to enter upon the premises so
occupied by his son. for the purpose of
ejecting a third person, objectionable to
the father, who is there on the invitation
of the son.
4. And the fact that the son Is In poor
health and that the father is contributing
to his support Is immalerlul.
6. And If the father Jjj attempting to
elect such third person commits on ns
sault upon him, he Is liable In am action
for the damages resulting therefrom.
166.0. State against Martyn. Appeal
from riattn. Exceptions of state sus
tained. Barnes. C. J.
1. A contract between a railroad com- .
pany and a physliiun by the trrmt of
which he is to receive for proii'sslnnul
services to be rendered by him for tiie
company at Its request, the sumi pf 2 ih-i
month, and aiv annual pass over Its lines
of road, where i lie pliyililnn does not
s-iend a major portion of his time In the
employment of the coinpiiny Is prohibited
by the provisions i f sections 10,i4 and M.'S
of Cobbey's Annotated Statutes, 1mii7, and
the acceptance and live of such a puss by
the physician rend'-rs him guilty ot a vio
lation of those sections.
2. Tho provihlons of chapter fS of
the laws of l'7. commonly tailed the anti
pass law, piihibil Inir the iNsuiiiicp, accep
tance and use of free transportation, are a
proper and reasonaldo exercise of the po
lice power of the stato, and the power of
the legislature to regulate 'the business of
common carriers by preventing iii.)uat dis
criminations, and arc not unconstitutional.
15273. Herbage against Mdv'-e. Appeal
from Holt, Affirmed. Root, C. Division
No. 2.
1. A defendant In a foreclosure proceeding
sued by the. Inlliul letters of Uls name who
does not appear In the action, ami upon
whom personal service of a miinmons Is not
made, Is not bound by the decree rendered
therein.
2. A mortgage In real estate continues as
a lien thereon for only ten years from the
maturity of the debt secured, unless in the
meantime a payment has been made
thereon, or tho statute of limitation othei
wise tolled.
3. "When land Is unimproved and unoc
cupied, the, person holding tho Irani title
Is deemed to be In possession thereof." Yor
gensen against. Yorgensen, 6 Neb., 3S4, and
'Iroxell against Johnson, 52 Nub., 46, ap
proved and followed.
. naKea color or title, derived through a
sheriff's void sale, does not draw to It con
structive possession of the property where
actual possession Is not taken of any part
of the premises, so as to confer any estate
by mere lapse of time,
8. If the owner of a mortgage which Is
barred by the statute of limitations asks
affirmative relief, ths court upon a plea
of said statute and proof adduced In sup
port thereof, inny dismiss the action with
out competing the defendant to pay any
part of the outlawed claim.
16277. Moyer against Lovett. Appeal.
Dawes. Affirmed. Epperson, C. Division
No. 1.
1. A tender of the amount soon red by
pledge of personal property made upon
the maturity of the debt, although not
accepted nor kept good, will release the
property from the lien of the pledge.
2. Wllkins against Redding, 70 Neb., 182.
criticised.
3. The pledge of personal property fraud
ulently represented thut he had sold the
property pledged and sent $20 to the
pledger as a part of the purchase price
which the latter, relying upon the fraud
ulent representations, retained until he dis
covered the fraud. Held, that the pledget
was not liable for Interest upon the t!0.
16277. Riley against .Cudahy Packing
Company. Appeal, Douglas. Affirmed.
Good, C. Division No. 1.
1. t is the duty of a master to exercise
reasonable care to provide a reasonably
aafe place for his servant to work and to
exercise the ssme degree of cars to keep
It reasonably safe, and to that snd it is hti
duty to make seasonable and timely in
spection o flhe premises.
2. In a passageway frequently used by
his servants In the performance of their
dutlea, a master permitted for a year or
more a steel plate two Inches thick and
nine feet square to stand on edge in such
a position that It was nearly balanced and
srlght force was sufficient to cause It to
topple over, and it fell across the passage
way and Injured one of his servants. Held,
to bo a quoadon of fact for ths Jury
whether tho master was guilty of negligence.
8. Where a large steel plate toppled Over
and Injured an employs It Is not necessarv
that any witness should testify directly
as to the cause of Its falling; It Is suffi
cient if the Jury may from ths facts and
circumstances proved ascertain the cause
with reasonable certainty.
4. In a. manufacturing establishment,
where, on account of ths nature of their
work, it la Impracticable for tho employes
to leave the building for their noonday
nval, and the master allowed but thirty
minutes for their lunch, and it wss con
templated by their contract of employment
that they should remain in ths building
where they worked to eat their lunch;
held, that the relation of master and serv
ant continued during the thirty minutes
allowed for lunch.
ltoL Landis against Watts. Appeal
from Beward. Affirmed. Root, C. Di
vision No. 3.
1. If the evidence relative to a ma
terial fact Is conflicting, any collateral
fact or circumstances tending to a reason
able degree to establish the probability or
Improbability of ths disputed fact, Is rele
vant and properly admitted, although It
may not tend directly to prove any issue
In ths case.
1 Hypothetical questions propounded to
an expert, If so framed as to fairly and
reasonably reflect ths facts proved by
any of ths witnesses in the case, will be
sufficient, provided the subject Is one
proper for expert teallinor.y.
8. In law cases the verdict of a Jury
will not bs set sslde If based upon con
flicting evidence, unless that verdict la
clearly wrong.
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