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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Oct. 31, 1908)
THE OMAHA JDAiLY BEE: SATURDAY, OCTOREK 31. 1908. 19 REAL ESTATE CITT PHOPEHTT FOR 8 ALB HOME TERRACE LOT SALE EASY PAYMENTS If you want to acquire a lot for a home, or make an investment, or offer vour boy or girl a chance to save and own a part of the earth, which everyone should hare an ambition to do, HERB IS YOUR CHANCE to get a lot at cash prices and on easy payments. No lot is cheap on payments that la not cheap for cah. If these lots ar not cheap for cah they are not cheap on payments. To accommodate thoee who cannot or who do not care to pay cash, and to accommodate ourselves by selling; these lots in a week Instead of wttltlng for cash purchasers, we make this offer. It Is a square deal. Let us put our time against yours and show you these lots. , ' HOME TERRACE Is high, sightly and beautiful. Is right In town. Between 37th and 40th-Sts. Hetwecn Martha and Arbor 8ts. Near Windsor school. Near Hanscom Park. Near Field Club. Is laid out in a manner so no cuts or fills will ever be ne cesKary. Martha street is now being graded and a four-foot cement sidewalk will be laid at our expense on all lots fronting on this street. Lots full 60-foot front and on or above grade. Prices range from $150 to $300 a lot; a few are less. Terms, $5 cash, balance $1 a week or $4 a month. Not a dollar added to the price on account of easy payments.. A purchaser wl'h $5 can buy a lot s cheaply as one with all cash. Warranty deed and abstract with every lot. SALE SATURDAY, OCTOBER 3 1ST, from 2 p. m. until dark. Those desiring to view the lots before this date will find someone on the ground every evening from 3 o'clock until dark. Tak West Side Hanscom Park car, get off at Martha street, go west and you will see the flag. BENSON & CARMIC1IAEL, Theme Douglas 1722. G42 Paxton Block. W. II. Thone Douglas 142. Save Winter's Rent $.. M0, JI.jO AND J0O CASH; 110. 112, 115 AND FKR MONTH WILL SLCL'KK A GOOD HOME. Hue new b-room modern coitage, large cemented cellar, full lot, concrete walK, hedge tuner, one block from car; very cnoice locution In best section norm part cliy. tineied lor quick sule at $2,1W; rental terms. Uuou a-room cottage and Urge lot, near aid and Lake, for only 11,1'Jl). Newly remodeled 6-room cottage, partly inoocrn. full lot, fenced, brick walks; near tfith and Dodge. An Inside bargain at 2,2a0. NVai a-ioom cottage, full lot, one block from car, near 2otn and Sprague, only H.tjw. iou can't miss It In buying thla. Good 12-room modern dwelling, suitable , for rooming or boarding apartment, large lot, well situated, near 18lh and lavenworth. A big bargain at 5,dW. Laslest ot terms. See us today regarding above and other umilar bargain. RUSSELL & MclvlTRICK CO., 4X2 lianige lildg., lath and Harney. ACRES Two acres at 37th and Newport, 700. Two acres. West bodge, 12.260. Five acres near Benson, 11, )n acres West Dodge, 3,0uO. Ten acres near Benson, 32,000. Ten acres near Florence, improved, 14.600. Five acres, 4th and Bancroft, Improved, W.600. I Terms. PAYNE INVESTMENT CO., First Floor New York Life Bldg. 'Phones Douglas 17K1, Independent A-1188. (19) 93 30 Sacrifice Eastern owner here to anil his 9-room, ali mod rn home ut 30th and Chicago; house is rinlsiied In hard pine, has furnace heat, fii.e mantel In living room, elegant bath service and Is In tip-top repair; lot 60XU.D, fronting south on paved street. Price Is 4,K), but make us an offer. Today's blg i'st bargain. Payne Investment Company, First Floor N. Y. L. Bldg. Tel. Doug. 1761, A-1188. (19) 853 30 A Good Investment f 10,000 for downtown corner 1t within three blocks from 16S1 and Harney Sts., and near high class improvements, in good location which is bound to increase in value. Investi gate at once. (Jeorge & Co., 1G01 Farnam St. (1)-M943 31 ACRES. Ames Ave, and 16th St,, 13,600. Harrison-& Morton, Omaha. (19) 912 JO New High Class Houses at Reasonable Prices 16,600. I rooms, 1908 Spencer St., a beautiful house, entirely modern and complete, built of the very best material and workman ship. First floor Is finished In oak, with oak floors, and the second floor Is pine and birch, laxge attic, full basement. Will sell for part cash, balance monthly pay ments. $6,100. rooms, 19J Lothrup St., a large two story square house, with 4 rooms on first floor, hot water heat, beautiful quarter sawed oak finish and floors; nicely papered. You could not build a better house than this and it ia cheap at the price. I3.6U0. T rooms, lUt Grace St., a fine new two ilory square house, close to car lines and within easy walking distanoe ot the busi ness district; is modern and complete In svery way. Sodded yard, cement walks; ready to move into; 00 cash and balance monthly. u.aoa rooms, southeast corner of 18th and Kpeticer Sts., a new house, on corner lot, In Kountae place. Haa rooms, nice re ception hall on first floor, 4 bedrooms and bath on second floor: first floor la finished In beautiful oak with oak floor; entirely modern and complete In every way; tluUO cash will handle this and the balance can paid In monthly payments. ilASTINUS & HI2YDEX. 1704 Farnam St., Bee Bldg (UO-9,6 30 IV eastern owner has two houses In Hans com Place rented for 1 71) a month; every thing modern: paved a'.rset: east front' will sell at bargain; one b.ock north of tiansooin Park. THOMAS BRBNKAN, Room l, Nw York Ufe Building. tl9) 760 t ACRES, nth near Iavenworth, 11. (Ho. Harnsoa at Mcrton. Omaha. tI9) U X) REAL ESTATE CITY PROPERTY FOIl .LK. CRARY, 600 Paxton Block. 19)-Sa 30 I LIST your property -with Chris Boyer, 224 and Cuming tits. (19; IS 6 AC11KS, 61st near Center, 1,250. Harrison & Morton, Omaha. tl) !fl ao WILL sell or rent good 5-room cottage newly papered: bath, gas, cistern, sewer, cellar, good yard; brick walks, 11.700. 2Kn Patrick Ave.: easy terms, rent ll.'.OO. Apply owner, 16 N. .1st. Tel. Webstar 339. (19) M917 1.1 $2,650 2414 Maple A cozy -room cot tage; brand new and strictly modern; south front; one-half block to car. Any reasonable terms. A decided snap. PAYNE INVESTMENT CO., First Floor N. Y. Life Bldg. 'Phones Douglas 1781, Independent A-1188. (19)) 894 31 REAL ESTATE FARM AMI KA.XII LAND FOR SALE! Colorado. FARM AND FRUIT LAND. Denver Greeley district, under Irrigation; sugar beets, alfalfa, general farming and fruit raising; low price, easy payments. National Investment Co., 62 Brandeis Bldg., Omaha. Tel. Douglas (1691. (20)-761 Rekruks, AN IDEAL HOME Twenty acres, 6-room cottage, barn, etc; orchard; In city limits at Plattsmouth, Neb.; Improvements alone worth 12,500. ITIce. 14,600, one-third cash. HASTINGS & HEYDEN. LAND. DEPT., . - 220 S. 17th St. (30)-892 Tttu. 6,000 ACRES fine Texas land at 16.60 per acre. Investigate now. Charles B. Wil son, Mondamln. Ia. (20) MS82 Ix REAL ESTATE LOANS FIVE PER CENT money to loan on Omaha Business Property. THOMAS BRENNAN, Room 1. New York Life Bldg. ta-753 MONEY TO BUILD. .t00 to lo.ouO at current rates. W. H. THOMAS, 603 First Nat. Bank Bldg. (22) 763 WANTED City loans. Peters Trust Co. (22)-764 PRIVATE MONEY NO DELAY. GAUVIN BROS.. 1004 FARNAM. (22)-755 PAYNE, BOSTWICK & CO.. N. Y. Life. Private money; luUO to 15,000; low rate. (22J-756 LOWEST RATES Bemls. Paxton block. (22)-757 WANTED City loans and warrants. W. Farnam Smith Sc. Co., 1320 Farnam St. (22) -758 100 TO 110.000 made promptly. F. D. Wead, Wead Bldg., 18th and Farnam. (22) 759 MONET TO LOAN-Payi.e Investment Co. (22) 760 PRIVATE money to Iran. 61 Brandela Bldg. J. H. Sherwood, (22)-T61 LOAN8 of 1600 to 15,000 on Omaha real- dence property. O'KEKFE REAL ESTATE CO.. 1001 N. Y. Life Bldg. (22)-762 PRIVATE FI NDS to loan on second real estate mortgages. Apply room 218 First National Bank Bldg. Bell Phone Doug. (12) 900 Nov 29 REAL ESTATE WANTED 7 OR l-ROOM, in good neighborhood; went or southwest; cash buyer; 14. 6u) to 7.ooo: no agents. Address B 71, care Bee. (ai-MSOl 1 WANTED TO BUY HIGHEST prlcea fur i'd-hand furniture, car pets, clothes and ahoes. Tel. Doug. 3W1. 12S) 7ti3 WANTED Two good second-hand, fireproof iu.reiiuriu ijumuer (Jo. (36) M930 lx RIGHT prices paid for Id-hand furniture, carpets, stoves, clothing, shoes. Tel. Red (25)-74 WANTEDSITUATIONS EXPERIENCED stenographers; excellent referncea. G, Omaha Bee, Council Bluffs ! 127) M223 VOt'NO man with eight years' experience in general merchandise, wants position must be in city; best of references fur nished. Address Y 202, care Hee. (27)-Mti35 8x YOUNG MAN wishes position as stenog rapher; can also act as salesman and help on books. Address Y 137, Bee U7)-MS3S lx UNIVERSITY student wants respectable place to work for board and room; can furnish references. Address E 721 care Bec- t7 SjJ Jox OFFICE S1TUATION-A business woman with ten years' experience In office work dasires a position. Recoinmnded bv former employer aa bookkeeper or con fidential clerk. Good reasons for chang ing employment. Address C 71 cars ,,e- 27)-kS9 1x WHEN writing to advertisers, kindly men tion Ths Bee. STOVE REPAIRS WE have In stock (no delay) repairs for very make ot furnace, steam or hot water heater, water fronts. OMAHA STOVE REPAIR WORKS 1J-"S Douglas St. Telephones: Bell, Douglas 9uo; Ind., A-3621 7o5 ' By using tha various departments ot Th Bos Want Ad Pages you get the best re salt at the least expense. ... 1 J5fJSTAJO?ANSIfRS GuMave K. Hht kert and wife to I.Hwrenre Overmlcr, lots 15 and 10. tib t k 94. iMtmlee Place I 1,300 Hnrrv S. Gates and wife to R. II ll-.-i 1 , 4T U 9Q a. ..I TO 1, B. K. Wilcox s add Edwlrv F. Rralley, slu rlf f. to Sarah B. Wlthnell. lot 1, block 3, LaVeta Hare 1,200 2,5iO Clarence W. Krwln and wife to M.irtha K. Ackerman, n40 feet ot e.ou feet lot It, block 1, Hunscom Place C'Miniy treasurer to M. O. Cunning 8,100 ham, part lots 11 and 11'. aiartun Place Alfred Millard and wife ct al to Wil liam brlchem lots 3 to 17, block 2rt. Millard Andrew 1'earson and wife to Thomas B. Norris and wife, lot 4, block 22, West Omaha Eltns Svenson and wife to Oscar W. (linen, lot 12, block 2, Hawthorn add Alma I.. Toms and husband to Carrie A. Carpenter, lot VZ, block 4, Kountze Place Josephine )'. Lrlbln and husband to Aralsl M. Kimball, part aV ijw'4 iO-lft-13 Dcuslus Security company to Kalh erine F. Huberts, lot 1 and nV lot 2. block 2, Virginia Place Minnie . Blackmail and husband to Thomas J. Paul, lot 41, block 6. Jerome par Somers-Jnhnson Realty company to Kirkland T. Calkins. s20 feet lots 2 and 3. Saratoga Court William 8. Fitch and wife to George H. Swoboda, lot 10, rhelani's add.... Louis D. Mota and wife to Bobert A. Lanhart, lot 8, block 1, Sheridan Place August Wlerlch to Mary Rafferty, lot 10, block 3, South Omaha Julius Trettsehke and wife to Martin 600 5.200 i,6s 6,600 295 2,276 1,150 m 1.100 600 800 O. Plowman, lot 1. block 7. BedforJ Place, and other property 2,W0 Antonla Racek to Kalerlna Benak, lot i'2, block 18, Kountze's 3d add 4,000 John Benek and wife to Joseph Fles kac, part nH lot V, block !, Kountzc's 3d afld 1.500 Total amount of transfer 1.18,409 LEGAL NOTICES THE SOUTH OMAHA AND WESTERN RAILROAD COMPANY Special Meet ing. Omaha, Neb., October J, 190H.A spe cial meeting ot 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, De cember 18, 190k, at 11 o'clock a. m.. for tha purpose of authorizing and providing for the sale ot 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 ciflo 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, and the assumption of 11 Its other indebtedness by the said Union Paclfio Railroad Company; and for the purpose ot transacting ail such other business as may legally come before the .meeting. For the purposes of the meeting the books for the transfer cf stock will te closed at 3 o'clock p. m. on Monday, tecember 7, 1908, and will be reopened at 10 o'clock a. m. on Saturday, December 19, 1S08. T. M. ORR. Secretary. OkdtoDU RAILWAY TIME CARD UNION STATION 10TII AND MASO tnlcB Paclfle OverUnd Limited... Color 1o Express... Atlantic Express.... Oreeon ExDress Leave. Arrive, .a 8:60 am a 9:40 pnt .a 1.60 pm a 6:00 pm , al0:lfi am .a 4:10 pm a 5:00 pm L.os Angeles L,tmitea....aix:oo pm a 10 pin Fast Mail a 9i0 am a 6-45 pm China and Japan Mall. .a 4:0 pm a 6:o0 pm North Plntte Local a 7:42 am a 4:45 pm Colo.-Chliago Special.. .al2:10 am a 7.06 am Beatrice & Stromaburg Local bl2:30 pm b 1:40 pm Illinois Central , Chicago Express a 7:16 am a 3:46 pm cnicago limned a v:vu pm a :w am Minn. -at. t'aiu express. u i:uam Mlnn.-St. Paul Llm :00 pm a 8 JO am Chicago A Northwestern Chicago Daylight a 7:25 am all: pm St. Paul-Minn, i-xp a i to am al):20 pin Chicago Local all .30 am a 3:28 pm Sioux City Passenger.. .a 3:50 pm a 9 10 am Chicago Special a C:U0 pm a k:23 am St. Paul-Minn. Limited. a 8:20 pm a 8:00 am Los Angeles Limited. ...a 9:30 pm al2:86 pm Overland Limited al0:00 pm a 8:23 am Fast Mail a 8:3&jm Sioux City Local a 3 60 pm a 6:H am Twin City Limited a 8:20 pm a 8:00 am Norfolk-Bones t eel a 7:40 am a 5:2o pm Lincoln-Lxing pine a 7:40 am ale: 36 am Deadwood-LIncoln a 8:o0 pm a 6:20 pm Casper-Lander a 3:00 pm a 6 '20 pm Hastings-Superior b 8:00 pm b 5::n pm Fremont-Albion b 6:30 pm b 1:35 pm Lhlcaao Great Western St. Paul-Minneapolis 8 30 pm St. Paul-Minneapolis 1.M am Chicago Limited t:(6 pm Chicago Express 7:3o am Chicago Express.. 1:30 pm 7:30 am 11 & pm 8:2f am 11 :35 pm 3:30 pin K'abasa . St. Louis Express..' a 6:30 pm a 9:26 am St. Louis Local, (from Council Bluffs) a 8:00 am all:15 pm Etanberry Local (from Council Bluffs) b 6:00 pm bl0:li am Chicago, Milwaukee A St. Paul Chi. Colo. Special. ...a 7:6 am all:00 am Cal. U Ore. Express... .a :00 pin a 6:25 pm F" Hln :00 am uveriana umuea a v pin a s Perry Local b 5:15 pm all in lcag o, Hock lalana Paclti EAST. Chicago Limited a 3:00 am all:06 pm Iowa Local a 7:00 am a 4. 80 pm Rocky Mountain LM....a l:W am all:0b pm nui'kjr jmuuuiuiii i-ii....b .w sin all ;vu pm Des Moines tc Kasteru..a 7:00 am a 4.3o pio Des Molrs i'a.seii.ei.a 4:uo pin al2:30 pm I -al hll mism h i ;. Chicago (Earurn Ex). .a 4:40 pm a 1:10 pm Chicago Flyar a 6:8 pm a 8;3S am wi-H'r Rotky Mountain Ltd...aU:15 pm a !: m fB ,ior ""'Pment to be delivered to a Colo. & Cal. Express.. a 1:20 pm 4:30pm!lS I carrier, the first carrier will be Okl. ft Texas n.xpie.s..a i:o pin a 1:J6 piu niuesri rri i it - K. C. St. L. Express.. a 9:00 am a 1:45 am K. C. Bt- L ,Expreas.all:la pm a 6:50 pm BURLINGTON 8TA 1VTH MASON. Burlington Denver & California. North et Special ... Black Hills Northwest Express . Nebraska points Nebraska Express ... Lincoln Fast Mail ... Lincoln Local Lincoln Local Leae. Arrive. ..a 4:10 pm a 3:60 pm ..a 4:10 pm a 3:60 pm .a 4:lo pm a :10 pm ..all:5 pm a :ud am ..a 8:4a am a 6:10 pm i .. . in mm a d.io ptn .. 1:20 al2:ll pm b 8:u mm i :50 pin Schuyler-Plattsmouth ..b 3:10 pm bl0:2O am Bellevue-Plattsmouth ..a 8:00 pm a 8:53 am Plattsmouth-Iowa b 9:18 am Bellevue-Plattsmouth b 1:05 pm Bellevue-Plattsmouth ,.c 1:35 pm c 2:40 pm Denver Limited s. 4:10 pm a 7.06 am Chicago Special a 7:26 am all 45 pm Chicago Express a 4:20 pm a 3:fia nm Chlcalo Flyer a SO nm a Vin FoLocai ..::::::::::! :,J j tm St. Louis Express a 4:45 Dm all so m Kansas City & St.. Joe..atO:45 pm a :30 am Kansas City & St. Joe. .a 9:15 am a 6:10 pm Kansas City & 8t. Jos.. a 4:45 pm WEBSTER 9TA 1BTH A WEBSTER. Thlcaao, St. rani, Minneapolis Jt Omaha Leave. Arrive. Twin City Passenger. . .b 6:S0 am b 9 :0 pm Sioux City Passenger. ..a 1:00 pm al0:60 am Fmerson Local c 8:45 am c 5:65 pm Emerson Local b 6:1-6 pm b 9:10 am Missouri racl tic Auburn Local b 8 60 pm b 11:25 am a Dally, b Dally except Sunosy. e Sun. dsy only, d dally except Saturday, e dally. THE TIME-SAVER PUBLISHED AT OMASA. Best Railway Guide for Iowa, Nebraska. South Dakota, Wyom ing and adjoining rortlons of Minnesota, Missouri, Kansas and Colorado. NOVEMBER NUMBER NOW ON SALE A.U aTBWI-KTAaTDS SSe. AdvortUo In THE OMAHA DEE Best West Supreme Court Syllabi. 1421. Sanford sga.tir. .iindnii'lst. Appeal, Saunders. On rehearing former Judgment of this court vacated ami set aside; judg ment of district court afi'lrmed. Kawcett, C. ; Reese. J., not sluing. Division No. 2. 1. The demanding of Interim in advance, even thouah tho highest rate of interest allowed by law Is being charged. Is. not usury In this Mate, an such a course Is permitted by our statute. . Sec. 1, Ch. 44, Com. Slat. 1. An oral agreement for forbearance and giving time for the payment of money then due Is a sufficient consideration to sup port an agreement on the part of the debtor to pay interest thereon. 3. Where a principal nole bears the max imum rate of Interest allowed by statute Interest upon Interest cannot be stipulated for at the time of the loan or contract, but If after the Interest Is due an agree ment la made that It shall carry Interest, such an agreement la valid and will be en forced. 4. And In such a case the fact that the firtnclpal note bears the maximum rate of nterest allowed by law. and that such sub sequent agreement to pay Interest upon In terest past due also stipulates for the pay ment of such maximum rate of Interest, is immaterial. 6. Evidence examined and held to sustain the finding of the district court. 15127. Blsenlus against Cltv of Randolph. Appeal. Cedar. Affirmed. Root, C. Divi sion No. 2. 1. Section 8978. Cobhey's Annotated Stat utes, 1907, does not delegate legislative au thority to the courts: anlri statute is vuliii and may be enforced without violating ar ticle 11 or section 1 of article iii of the Constitution of Nebraska. 2. In proceedings under section 8078 afore said it Is not a defense that the defendant Is Indebted upon Its bunds or otherwise. 3. Upon an appeal In an action under suld statute the Judgment of the district court will be affirmed unless It Is made to ap pear that the trial Judgo committed an Im portant mistake of fact or made an errone ous Inference of fact or of law. Michael son against Village of Tllden, 72 Neh. 744, KU N. W. 102; Gregory against Village of Franklin, Neb. ins, N. W. 14S. 4. Hastings against Hansen, 44 Neb. 704, distinguished. 16227. Arthur againrt Glover. Appeal from Custer. Aflrmed. lioot, Barnes, C. J., concurring, separately; Itton, J., dissent ing. 1. "Every proprietor may lawfully Im prove his property by doing ivjbt la rea sonably necessary for this purpose, amd, unless guilty of some act of negligence in the manner of Its execution, will not he answerable to an adjoining proprietor, al though he may thereby cause surface water to flow on the premises of the latter to his damage." Aldritt against Flelsch auer, 74 Neb., 66; approved and followed. ,"A owner of land tins the right, in the Interest of good husbandry, to drain ponds or basins thereon of a tcninorary character, and which have no natural out let or course of flow, by dlscnarglng the waters thereof, by means of an artificial channel into a natural surface water drain on his own property, and througn such drain over the., land of another proprietor n the general course of drainage In that locality, even though the flow In such nat ural drain Is thereby Increased over the lower estate, and provided that this Is done In a reasonable and careful marjner and without negligence." Aldritt against F'auer, 74 Neb., 66; approved and fol- . 3. Two or more adjoining land owners may lawfully Join in the construction of a (lltch solely upon the premises of one thereof, where the object and purpose Is Jo drain a pond situated partly on the lands of all of said proprietors. i. Hamnn against Nebraska Under writers Insurance Company. Appeal from Saunders. Affirmed. Reese, J. 1. "Forfeitures are looked upon bv the courts wtih ill favor and will be enforced only when, the strict letter of the contract requires It, and this rule applies with full force to policies of insurance." Connecticut Neb., iS"rHnCNCW P78ny aSa'nBt 60 JL Wnpre contract Is susceptible of two constructions, one cf which will work a forfeiture and the other will not, that construction should be adopted which will Film's nfVi?',ori?lture an1 Preserve the ngnts of the parties. 3r Where It is conditioned in a policy of n?-Ur,anC0 ih?J tne "sured shall take an least once a year during the life of this policy and shall keep books of account' f.?ri'f Mly. dltullin Purchases and sale .nyi.01' anU Bl,a11 ky,P "d lnventorv arf ,k.S ecui-ely locked In a fjreproot r flmB plaCB ccure against fire i?n ?ihr.bu"din, llurl" the l'uri said of .! 1 Vvn !or business; and in case SrodiiJ- .h aBaured Wees and covenants to of th' ,hf lur" ,r,v,"l''y with any one be nun nHVS V?n(1Lon8- tnl Policy anall IoTh " hLm6 ,m'nlned thereon for such loss. Held, that the provisions for txk'nir ot anccountry?nd ke,epB; " W'1"' "VbSuk. or account of purchases and sales should be construed conjointly; (hat the purpose rhboorl'.qU'r,e,"ent l th, InvnKS and books of account In a. firon.. .t l0 7,able tne I,ar, to eatima e the account wcf,Me ,f '.T" anJ tlle books of named 1,! rnlsh no aid unaccom fhere is n'n V ? 'nvent"ry, and therefore mere is no default on the part of the. as. eured n not keeping his books of accent thetl.ne within which to take the Inven' toni !',!nnaCkxaaJn8t cll'c8o. Burling, ton & Qulncy Railroad co. Appeal Lan Ca,StT.V.. Arfl"nd. Good, C. PP 1. When a hill r.t i.n , t ... . h mT ' una ooen issued h fh .mon carrler- "Igned and accepted fth h pper. It constitutes the contVaot I de-scribed'"'1. therein or varied by pao. testimony " Is ...: "."""'"" U8ea m a bill of ladlns: uujeux to tne same rules of con(r,.Ho : whleh ffAu. " "vo ui wuuairuciion , overn other contracts, and while . mSnt lo b construed aa Wliole, Invalid condition. n.m "arlly render tho contract Invalid and It j may enforced so far aa It is valid Where a common r.u. i "7,. " 'L: 'ge to tne goods suiting directly from the negligence of auch carrier, although the losa may not actually occur until after the gooda are delivered t5 tho second carrier. 4. A common carrier undertook, during extreme cold weather, to carry two car loads of potatoes and deliver them to a fhl'I'Tv ne"rrler- The contract provided that the shipper ahould furnish i, to accompany the shipment and keep fires ... ... ... u prevent me potatoes from freexing The carriers separated the two cars while they were in transit and on Its lines of railway so that cartaker was prevented from atundinr tn nn r, n PotatoeB and they were thereby permitted to freeae. Held, that the first carrier was liable even though the potatoes may not ,. " uniu alter tiiey were de llvered to the second carrier. o. n nere a common carrier's contract contemplates keeping two carloads of mer chandise together In charge of a caretakei and it separates the two cars so th,i . 1,1 caretaker is prevented from attending to one of them, and loss thereby ensues the i. j 'iu ions meroDy ensues the ? p - up the tamer to prove " -uincieni cause rro arating the two carB. The fact of the er. tit Her.. aratlon of the two cars under the circum- i.iuira unfurls negligence. Muuer against Daniels. Appeal No V' Hever8e1- El'Persaii. C. Division 1. Lnder the act of 1903, providing for ap peals to the supreme court, (.Sections 1702 to 1,03c, Cobliey's Annotated Statutes, Sup plement of l5), the final order of a dis trict court rendered upon ap-ul from an order of the city council granting a license to sell Intoxicating liquors is reviewable in the supreme court on appeal. 2. A bartender or employe of a licensed saloon keeDer does not vlnlara ...tu. 71-0 Cobbey'a Annotated Statutes, 19U7. making It a criminal offense for a vendor of in toxicating liquor to keep the windows and doors of his saloon obstructed by screens blinds, etc., where such bartender or em ploye haa had nothing whatever to do with I in placing or maintaining or such screens 1 blinds, etc. 3. It la a violation of the liquor laws of : this state for a bartender or employe of a licensed dealer to sell intoxicating liquor 1 iv. mn uauuLim arunaara. . i is me amy or a licensing board to I refuse a license If the evidence establishes : mat me applicant, during the pant year I while employed as a bartender, anld lnin! k-atlng liquors to an habitual drunkard lol"79. Ward against Aetna Life Insurance i.ompany. Appeal from Douglas. Koversed and remanded for further proceedings. Calkins. C. Division No. . 1. In an ac'.lon brought to recover uoon an accident insurance policy where the question la whether deatli resulted from an accidental Injury for which the insurer Is aamitted to hve been liable, the bodily condition of the Insured between the date of receiving suoh Injury and his death Is a relevant fact; and all things done or said by the insured which expressed or showed nis nouuy condition in reference to the In Jury are relevant. 2. v here his opinion as to tha cause of death is asked of a physician called aa , witness, it is neither necessary nor proper 10 i'ii iii,i. in ifie nvpoineaes tlie fact lli.it I tuc unending physician had tiououi)ct4 th. patient cured of an injury from which It was claimed his d'Hth resulted. 3. Krror is not commuted in permitting a hypothetical question which fairly reflects the esse as made by the plaintiff because other facts afterwards established by th? defendant's evidence are not Included In the question. The fact that the defendant's evidence Is on file In the form of a depo sition does not alter the rule. 4. Whether the death of a person whose life ',;as Insured against dorth bv accident was caused by an admitted accident or re sulted from some other cause is a question for the Jury tuiless the proofs as to such cause of dkath are so convincing that from them all reasonable men In the. fair exer cise of their Judgment would adopt the same conclusion. 6. Where a person acc identally Injured Is Insured against accident under a policy which provides for the payment of a sum named in case death results solelv fsoin such Injury within ninety day morbid changes in the exercise c vital functions or the texture of bodily organs which re sult from or are Induced by such Injury, should te regarded as the effect thereof and not as Independent causes: and when death results from such morbid changes it Is caused by such accident within the meaning of such policy. 6. Where a person after recovery from an accidental Injury succumbs to "v disease which would not have Wen TatHl but for the lowered vitality following such Injury, the dlseuse, and not tho lowered vitality. Is the cause of death. 15283. Gibson against Sexson. Appeal from Perkins. Affirmed. Fawcrtt, C. Di vision No. 2. 1. Where the plaintiff In a foreclosure suit offers In his petition to pay the amount ot a supposed tax lien on the property cov ered by his mortgage, and in the prayer of his petition prays the right to make such payment, and the court so decrees, he can not complain of such decree, even though It appears from tho evidence on the trial that he was under no legal obligation to make such payment. 2. Where plaintiff In nn application for the appointment of a receiver, serves notice upon the parties Interested that such appli cation will bo presented to the court, or to a Judge In vacation, on a certain day and hour and at a designated place, the court or Judge Is without power, except by stlpu. latlon or appearance of the parties, to hear such application at an earlier date than that specified In such notice. 8. And where the record on Its face shows that tho court or Judge acted on such ap plication one day earlier than the date specified in such notice, and appointed a receiver as requested In said application without any appearance or consent by tho adverse party, such appointment Is void and the Judgment of the court or judge making the same may bo attacked collater ally. 4. Whero the record ot a case foreclosing a tax lien shows upin Its face that the only service attempted to be made upon a defendant corporation was upon a stranger to such corporation, as receiver thereof, when no receiver had in fact ever been ap pointed for such corporation, a Judgment rendered in such case against such corpora tion Is void and may be attacked collater ally by such corporation or Its assigns. 6. In a foreclosure proceeding by H., the holder of a tax sale certificate, against tho M. 6. bank, mortgagee, and S., the owner of the land, It was alleged that "the de fendant la or claims to be the owner of said real estate, that defendant M. 8. bank and all of the defendants herein have or claim to have some right, title, lien or in terest In said land, either by deed. Judg ment, mortgage or mechanic's Hen, or other wise, the exact nature and extent of which Is to plaintiff unknown, but plaintiff avers that if said defendants or any or either of them have any right, title, lien or Interest In or against said real estate, or any part thereof, that the same is Junior, Inferior and subject to the lien of the plaintiff herein set forth." The defendants all hav ing made default, a decree of foreclosure was entered In which It was adjudged that the M. S. bank "be foreclosed of all equity of redemption or other Interest In said premises." In a subsequent action by an assignee of the M. S. bank to foreclose his Lmortgage, held, that the former decree i, . ,r i" "" . f Natlnnal Bank against Virgin, S Neb. 736. u. w lunimsc in iniiu, Di biii-i ill B nnio 111 a suit foreclosing a tax Hen, made by one whose duty It waa to pay the taxea, operate as payment oniy. He can acquire no rlglits as against a third party by a neglect of the duty which he owed to such party, Concordia J.oan and Trust company against Parrotte. 02 Neb. C9. 632. Pitman against Boner, 116 N. W. 778. 152MI. Home Savings Bank aicalnst Shal- lenberger. Appeal from Harlan. Reversed and remanded. Calkins, C. Division No. 2. 1. Tne extension of time of payment to a firlncipal debtor is a sufficient consldera Ion to support a new contract of guaranty made after the date of the renewal of such obligation, especially when the guarantor at the time of making such guaranty is still liable, aa guarantor for the pas men t of the debt renewed. 2. A third narty guaranteeing payment to the payee of a promissory note is not en titled upon payment of such note by him, to have tlie same delivered with a guaranty of the payee made to any endorsee of the note, intact. 15287. Ault against Nebraska Telephone Company. Appeal from Haunders. Af firmed, Duffle. C. Division No. 1. 1. Two gangs of workers were engaged In the construction of a telephone line, each under a different foreman: the first gang digging the holes and setting the poles therein, the second gang stringing wires on the poles. Held, mat tne parties employed In such separate employment were not fellow servants. 2. A telephone company gave each of Its linemen a nrlnten notice, setting forth their duties and stating among other things that All linemen and otner employes vr the company whose duties require them to work upon or about poles, are specially charged with the duty of Inspecting the im plements with wntcn tney work, an poles cross-arms and wires, and must know tha thev are snfe to work with or upon, before climbing or going upon such poles an pJfcT ,, SOMETHING m INTEREST ML THE FAMILY Every member of the family can benefit by Bee Want Ads. The father learns of opportunities to buy a home -invest in legitimate enterprises for the protection of the family. The mother finds bargains of every sort. She also learns of making money in many ways. She can bake cakes for strangers, sew, embroiderfind a boarder for the spare room trade the old bicycle for a sewing machine. The son and daughter can get good positions earn money after school. One of your family should read them every day for the benefit of all. cross-arms." Held, thai notwithstanding this notice, the company. In tlie const Tui tion cf new lines In which it employed two gangs of workmen, one known as "ground, men.'- who set the poles, and one known ns "linemen " who strung the wires, cou'.d not escape linhlllty for setting s defective pole, from the breaking of which a line, man was precipitated to the ground and injured. 3. A Judgment will not be reversed be cause of an Instruction which, taken bv It self. Is ambitious and which in one view seems to Impose on the muster a greater burden than the law Imposes In respect to the chnracler of the tools and appliances furnished his servant, if such Instruction Is qualified by others, so as to moke It ap parent that the jury were not misled, and the charge as a whole correctly defines the law. 1"2P0. First National Hank BRalnst Sam nelson. Appealed from lllehardson. Af flimed. Root. C Division No. 2. 1. A bond given to a national bank by its president to Insure the faithful perform ance of his duties as such officer, which purports to contnne "during his appoint ment." must he read In connection with I he term of that appointment, and If It Is for a definite period, the sureties will not be liable for their principal's misconduct subsequent to the expiration of the time for which he was appointed. liiaifi. Nortjhwvstorn, Thresher Compiiny against. Kublrak. Appeal from Saline. Af firmed. Kawcett. C. Division No. 2. 1. A mere uncommunicated purpose to accept an offer for the sale or purchase of ptoperty does not constitute an acceptance, and where parties are distant, and the con tract is to be made ny correspondent, tne writing of a letter or telegram contninlng notice of acceptance, Is not. of Itself suf ficient to omiplcte a contract. Tn such a case, the net must Involve an Irrevocable element Hnd the letter must he placed In the mall, or the telegram deposited In the tele graph office, for transmission, and thns I lnced beyond tho power of control of the sender, before the assent becomes effectual to consummate a contract; and not then, unless the offer Is still standing. 2. Where an order given for machinery contains a clause giving the vendor the right to accept such order or not as he please, and no time is fixed within which such acceptance shitll be made, the vendee has the right, up to the time of acceptance, to countermand such order. 3. The facts stated in the opinion held ample to sustain the conclusion thut plain tiff's representative. J. V". Hennessy. in his negntlntlons with defendants on July II and 12. 1904. hiid power to hind tho plain tiff In that transaction. 15,117. Bone against James. Appeal from Otoe. Affirmed. Duffle, C. Division No. 1. 1. The defendant and a former owner of a farm used a private road over and across land owned by the plaintiff In order to reach said farm. Such use commenced in 1SS4, and continued without Interruption up to Utout the time this action was com menced. In December, 1900. Defendant claimed a right of way over the plaintiff's land acquired by prescription, and refused to shut the gntes maintained at the north and south boundaries of the plslntlff's Isnd where the roadway entered the plHtntin s premises. Whereupon the plaintiff replaced the gatea w-tih a permanent fence which the defendant tore down and destroyed. The action Is Injunction to prevent the trespass. The evidence discloses that the use of this roadway was commenced by permission or license of the plaintiff, and so continued up to a short time prior to the commence ment nf 'his action, when the defendant first asserted a right to the roadway by prescription. Held, that use of the rond way under a nsked license from the plain tiff could not ripen Into a prescriptive right however Jong continued 15318.- Christen against Schriener. Appeal from Otoe. Affirmed. Duffle, C. Division lX When, the verdict returned by the Jury Is tile onlv one Justlf'ed by the evidence, alleged error In the Instructions of the couru will not be considered. 8. A docislm of a county board r1ec(lng a petition for the establishment of a public road w'U not liar Interested parties froir later filing another petition therefor. r)ht to 'hjive a prooosed public hlghwa 4. The pnbl'c cannot ie neprivcu n h - 1 estnhllshed because tne otticers nave n-e ! negligent In nqt preserving one prevlousl nlnnff thA samn route, 6. Tte fact that there are no funds avaM able to pnv damages and not tax levied therefore will not jusriy a court or equn . n restraining a county benrd from con j slderlng and approving a petition for tlv I estnblshng of a public roan W lloinin nt-plrst ITnlon P!UMMC rl"l - road Cor"anv. Anneal from Dawson. Af firmed. Faw'cett. C. revision No. 2. 1 In nn nrtion for damages on aeecunt an InJurv to chattels, the owrcr of sue 1 chattels Is qualified bv reason of that rein tlonshio to give his estimate of their vnlin-. 2 "Where chattels are Injured bv the negligence of nnother. but not whollv oV st roved, the measure of damages Is .he difference between the value of the chtt 'ls iTimedlntelv befrre the InJurv and Immedi ately thereafter." Chicago B. R- Co. against Metcnle. 44 Neb . t48. reaffirmed. Horrible Fate. "You've heard what happened to Lot's W"Yel, "she'looked back and turned Into a P"Wen "saw something teday which beat that." "No?" "Fact. A red nosed woman, with a kpttj in her hand, hurrying down the rjeLBI looked furtively over nei . turned Into a saloon. juage. Proresslonal Aid. "Do you desire my P'rrt"u,lo,nalo.'ltVi5:e?" said the specialist te the seedy visitor. 'I merely desire confirmation of , pet notion of mine that thorough mastication Is essential to digestion. 'LLr!:r. ,yr td to find we are in r L itii, Trhans you could spare me a Quarter I d like to put our admlrablo theory into practlcc'-PhHadelphla Ledger, PsW5f" CLEVER CAPTURE CF CROOKS trend Ulrl, HoM.ril of Her Jewels, l.elh Rnsv Cwletl null VI... TT.cie Is nn old story ut woman whd kept a bold robber In conversation until tha police came. Then she fainted. This Is the slory of a girl thst didn't faint. I'ntll Sunday afternoon Miss Lualla Kuut of Chicago never had caught a rob ber. Sue had seen pictures of them and she had read stories about them; she had even seen one after he hid served a sentence In the bridewell. She knew rob. era were bud. She knew they sometimes wore m.tsks and carried dark lanterns which threw a gurish, conical light. And they were thoroughly bad. Rut last Sundry she caught two of them. Mind jou, she caught them. Miss Kauti lives with her mother at foS Cass stree;. She Is 20 years old. She looka Just 20 and her pretty smile and her de mi. re eyes never would give out the IntN mallon that she could catch robbers. twist week two men came to the Kauts residence. Mrs. Knots occasionally permits a room or two to be rented. Thcsa two men engaged lodgings. Thrlr names wersj J. B. Cochlan, 23 years old. and J. A. Jef ferson, 30 years old. They were quite at home In thP broad daylight. F.vrn bo It said that robbers like It Vttcr at night.. They told Mrs. Knutz that they were way office and they were stylishly dressed. At any rate, their prosperous appearance completely disarmed Mrs. Kauts of any suspicion. When Sunday came Miss Ksutx. In pre ptrlng her toilet, discovered that a dia mond sunburst, a diamond brooch and a . gold watch were missing from her room. Did she run screaming to her mother and alss-J the household? She did not. Dhl .sits call the police with loud ac claim? Quite the contrary. The small mat ter of a fow diamond more or less seemed to weigh less henvlly on the smiling girl than the fact that she had Just washed her hair and couldn't do a thing with It. Sha proceeded w 1th her toilet with calmnesa andi dclllieratlon, all out of keeping with the. times. . Leisurely she went to her mother and raid, as If she were commenting the fact that the rain barrel ought to bo covered so as to krop the flies out: "My diamonds have been stolen. I be lieve our row guests are the thieve. I nm going walking with them and when wo leave tlie house call the police." Then ahe brushed hack a stray wisp of sunny hair and strollod Into the parlor, where one of tho new guests wa seated. "Beautiful day. Isn't It, Mr. Jefferaon," she observed with a trace of languor. "Sure Is," said Jefferson. "I'd Just love to go for a walk. Wouldn't you? Iiofs walk for a ways," she burst out most gorgeously. Here Is where Jefferson forgot hl role and became just human. In the gorgeous prosonro he fell back Into the part of an ordinary man. He couldn't take advan tage of the opportunity quickly enough. Soon they were walking about and Mrs. Kautz was dashing frantically to the tele phone. It will be remembered that the 'rl Is the mother of the woman. The day didn't seem so beautiful onoe '.'Is Kauts and her companion had clrcum rnvlgnted fie block circumnavigated b )ng peculiarly apropos nf the day and they returned to the house. The police had not arrived. Miss Kauts had to screw up her courage anew. She talked entertainingly nnd hammered out pieces on the piano, '"retty soon along came Cochlan to Join 'he merry group. Then Jefferson had a hunch that he ought to be excused for a minute. He went to hi room. Tho police from the Chicago avenue sta tion Irapncned In about this time and pretty soon Jefferson and Cochlan were doing a ketch -entitled "We're Bound to Stay to gether Till They Take the Handcuffs Off." After the patrol wagon had taken them ti the station came the time when Mis Kautz showed the trait which spoils most theories about women. Sho declined to faint. Instead she said: "Let's see what they've got." , In the room occupied by the two men were found two suit cases filled with wom en's dresses and finery, t'nder the bed covers were found the lost diamonds. Later the prisoners' pockets gave up a lot of T clearing house checks for amounts ranging from 847 to 8170. CTilcago Inter Ocean. Frightful Spaanas of the stomach, liver torpor, lame back and wink kidneys are overcome by Electrlo Bitters. Guaranteed. 60c. For sal by Beeton Drug Co. . u , an matter to secure business j tnroush the Bee Want Ad coiumni. 3