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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (May 2, 1909)
THE OMAHA SUNT) AY BEE: MAY 2. 1000.
OFFERED FOR RENT
LARGE ROOM. 22x70. on aornnrl
floor, well lighted and ventilated,
steam heat and all modern conveni
ences. Inquire at 1212 Farnam 8t.
FOR RENT Store room. No. 316 8. nth Si ,
Rx). Will remodel to suit tenant, 'Phone
V Red 8252. . (1S)-M548 3x
STORE FOR KENT.
Two-story and basement brick building. 33
feet by 132 feet, Ht 1116-ls Douglas St..
with electric elevator, trackage.
O C. HKD1CK,
1517 Farnnm St.
BCAROO Plk., South Omaha, 520 N. 24th.
Hall, 433 Hamgc llldg., both phones.
v BRICK store and busement, pood for nwv
i " Inn picture nliow. N. 24th Ft. Thos. W.
Hasen, 16 8. lhth. Thone Douglas 1.1D0.
OFFERED FOR SALE
ROLL-TOP desk and other furniture,
cheap. 939 N. 24lh 8t. 1) M776 8x
WANTED to pell household goods, dishes,
sewing machine, etc.; house to rent. 2114
Burt St. (lfi) M582 3
FOR BALE Dining table and aldeboard.
Call 1W7 Lothrop. Tel. Webster 24H3.
(18) M777 5x
Handsome black walnut bedroom net; mar
ble top dreader and w-ashstand,. hall tree.
Inquire at 2430 Franklin St. (16) M732 2x
Type write nr
TYPEWRITERS Any make; all price;
Sold and rented, rent applied; eaay terms;
shipped anywhere for examination. Write
for large bargain Hat and offer. H. F.
Swanson Co., 417 8. luth 8t., Omaha, Neb.
TWO TYPEWRITERS in good condition,
U t sale cheap at tio2 Bee Building.
U8ED bicycles from 14 up. 20 per cent
discount on new wheel during April. II
per cent discount on 2V horse power
''Light" motorcycle during April. Re
pairing a specialty. L. Flescher, 1821
Capitol Ave. G6) 366 May
WE HAVE on hand a number ot Ink
barrels which we will sell at 60a each.
They are fins for rain water or ashes.
Call at pressroom Bee Publishing Co.
FOR SALE New and Id-ban billiard ana
pool tables. W lead the world In cheap
bar fixtures; eaay payments. Brunswick
Balko Collender. 401 8. 10th St
DRUGS at cut prices; freight paid on all
110 orders; catalogue free. Sherman A
IcConnell Drug Co., Omaha, Neb.
REMINGTON typewriter No. 8. first class,
M. People's Loan Co.. 1623 Farnam St.
FOR SALE Some four and five-ton stake
frays or would sell whole outfit. Address
lock box 485, Sioux City. Ia. (16) M602
TENTS AND AWNINGS.
Order now before the rush begins.
'Phone us for estimates no charge.
Omaha Tent and Awning Co.
11TH AND HARNEY 8T8. DOUGLAS 883.
fSODA fountains, new and secondhand;
monthly payments. Dertght. 1818 Farnam.
TUB OLD TRUSTY Incubators. For low
Special prices, freight prepaid 60 days'
free trial. Write the Old Trusty Incu
bator Co., Clay Center, Neb. (16) 840
SEND us your mall orders for drugs;
freight paid In 110 lots. Myers-Dillon
Drug Co., Omaha. (16) 60S
FOR BALK Cash register and scale cheap.
Address O 405. care life. (16) 564
"SMELLK1LLER" The odorless disinfec
tant death to germa; prevents Infection
In households, chicken coops and In the
horse, cow and pig stables; doctors rec
ommend It; easily used; circular free;
trial quart bottle sufficient for ten gal
lons of disinfectant, $1.60, prepaid; send
25c stamp for sample bottle; agents
wanted. George Scheer, 407 Blooinfield
St., Hobo k e n. N. J. ( 1 . 7 0Stx
JOHNSON INS.. 41U N. Y. L. Tel. D. 1664.
Dr. Katheryn Nickolas. 608 N. T. L. Bid.
D. O. BARNELU I-axton ilk. Tel. Red TUI.
H. A. 8TURGE3, Atty. N. Y. L. Tel. D. 349
(17) Mi.il May9x
PATENTS THAT PROTECT Three books
lor Investors mailed on receipt of tic post
age. R. a. and A. IS. Lacey, rooms 28-41
Pacific Bldg., Washington. D. C. Estab
lished lKs. (17) U
r'BlNCiEB. rubber goods, by mall; cut
r.ic. bend for tree catalogue. Myers
Dillon Drug Co.. Omaha (18) 614
MASSAGE PHOF. Q K. DINJ1AN. EX
H;HT MASSEUR. For ladles and genii.
Iben. If tlrew languid, from lack of clrcu
I ' Ektlon 'Which nun: iiidigusuuii, cuunilpa
lion, torpid liver, rheuoiatiam and chronlo
troubles, try Oriental massage. Thorough
hand work. Face and scalp treatment; 6
yrs. In Omaha at 4w Bee Bldg. Ijoug. 4u,iS.
tilt) 417 iiy4
THE BALVAT'.ON ARMY solicits caatorf
Clothing; In tact, anything you dj nut
used. We collect, tapair and sell at Lit
fc'. Uth St.. for cost of collection to the
worthy cor. Call 'phone Douglas
and wagon will call. U8)-785
OMAHA Stammerers' Ins., Ramgs Bldg.
DRUNKENNESS DRUG HABIT, cured to
stay cured under positive guiuaiurs
Write the Ensor Remedy Co.. Dept. O,
South Omaha. Neb. tiS)-MS82 11U
MAdNTIO treatment. Mme. Smith.
MAUiilU 6sa ltxh, third floor.
. A HOME for women during confinement.
We find homes for babies where moth
ers cannot care for them. Babies
boarded. Mrs. Martha A. Lee, 401 Ban
croft bt. 'Phone Douglas 1921.
PRIVATES bom during confinement;
babies adopted. The Good 6amaritan San
itarium. iiO First Ave., Council liluUs.
WANTED Congenial roommate to share
large room, beautifully furnished; large
closets; excellent board; centrally located.
For rateu and particulars aditresn A-443,
care Bee. US) M668 !x
r tnxtPTIll Electrto vtbratoiy. 1 8.
lUAUiimiujeih. room X. Fourth
Floor. Old Boston btore. (Is) (HI MayU
YOl'NO WOMEN romlr.g to Omaha
((rangers are Invited to visit the Young
Vomen'e Christian association. 17th and
Howard Bta.. where they will be directed
to suitable boarding places or otherwise
assisted. A deaconess representing ihs
association meets trams at tne L'nlon si a
tlou as travelers' aid. tlS)-2
SOFT W ATER Aand Laundry, 2So and 3Ac
per don. Bundle washing wanted.
Webster 4472. (18) Mile 3
TRANSLATED French novels (seme Illus
trated), actresses' photos; catalogue with
samples, 2nc; letter pootage. 5c. G. Ar
thur. 8 passage Giana, Mnnte Carlo,
r ranee. tlS) MTU zx
WONDERFUL NEW DISCOVER Y-8lop
Old age. changes skin of old to youth
removes wrinkles, moles, warts, blem
In lies, full Information. Bushong Co., 1764
ti. 88, II. Cleveland. O. t Is I 631) 2x
SUPERFLUOUS HAIR, warts and moles
permanently removed bv electricity; con
sultation free and confidential; all work
guaranteed. Miss Allender. Bee Bldg,
HALL'S safes, new. 2d-hand. 1818 Farnam.
I GROW hair, or pay Jim. Write, stat
ing trouble. Dr. Chance, Scalp Splali.
K 3t5 Syndicate Arcade, Minneapolis.
8oD. good blue gtaf, several acne, north
part, oiir Fort Ft., and In northweet,
HEAL KrtTATE TITLK-TRt'ST CO..
Ground Flior 12.l Farnam St.
POULTRY AND EGGS
S. C. R. I. Red eRga for hatching $1.60.
Chicks 20c each. First prize cockerel, Ne
braska stale fair lion, heads my pen.
It. 11. Sawyer, llaymond. Neb
(ID M942 MSx
COL. WYANIX1TES Won 2d on pen at
state show; 1st cock same show In my
first pen; ftne laying strain; stock for
sule. Mrs. it. J. Catterson, Sutton, Neb.
S. C. RHODE ISLAND RED EGQSJ-For
sale at $2 and $3 per 30; cock score !-.
and pullets lurgc and even color. Mrs.
Bcrthelda Nettleton, Benedict, Neb.
(ID M627 14x
BARRED Plymouth rocks, money makers;
choice vigorous stock. Selected eggs, 100
for 84; 60 for 82.50. Safe delivery and satis
faction guaranteed. Adam A. Weir, Clay
Center. Neb. (11) Mll MSx
BUFF ROCKS cockerels $1.50, Mammoth
Pektn ducks $2, per trio $6. Eggs In sea
sonRocks $160 per 15. Pekln $1.26 per
. Mrs. A, J. Pollack, Kt. 4, Wlsner, Neb.
(11) M943 M8x
B. C. BLACK MINORCA eggs for setting.
$1 for IS. Tel. Harney 3322. (1UM&92 M2x
WHITE WY AN DOTTES Winners at Ne
hrsska state show; score M to Vdi by
Thompson. Eggs $1.60 per 16, $2.60 per 30.
L. T. Killer, Ulysses, Neb.
(1D-4W944 M 8x
ENGLISH Ring Neck Pheasant ergs for
sale at very low prices. These ure very
fine birds and easy to raise. For par
ticulars address, H. II. Ostenberg,
Malino, Neb (11) AUK) 4
FOR SALE Twenty pairs of mated homing
pigeons; will ship to any point. Apply to
It. J. Walsh, Benson, Neb. (ID 458 Sx
FINH Barred Plymouth Rock eggs, $1.50
per 16; 86 per 100. Partridge V yanilottea,
$2.60 per 16. Correspondence solicited.
Ahlqulst Broa., Box D 2o9, Omaha, Neb.
, (11) M584 ZX
BUFF ORPINGTONS Baby chicks p.nd
eggs. Ask lor prices, uig winter layers.
Prewltt, Box 628, Onawa, Ia. (ID
REAL ESTATE LOANS
WANTED City loans and warrants. W.
Farnam smitn t -o., varnam Bt.
SECOND MORTGAGE loans negotiated.
Apply KOom 4H-13 rirai nan uanK Biclg.
Bell 'phone Douglas 2318. (22) 2(
Sperlnl fund to loan In amounts of $'00 to
H.rtwj oil inipiji'u icni e.muto. see us
before the fund Is all loaned.
GARVIN BROS., 1604 Farnam St.
(22) MTC6 11
WANTED City loans. Peters Trust Co.
PRIVATE tnony to loan. J, H. SherwocxL
PATNB, BOSTWICK CO.. N. Y. Ufa.
Mvatai ennnAV at'Jsfl g K iVsfi ..a.
a a ea v aMVM wm wv bv,vw auw
Always on hand and fo al In
amounts from ,300 to $3,000.
BENSON & MYERS,
(22) M659 3
MONEY TO BUILD.
$!SO0 to $00,000 at current rates. - '
W. B. THOMAS, 60S First Nat 1 Bank Bldg.
LOWEST RATES Be mis. Brandeln Bldg.
$100 TO $10,000 made promptly. F. D. Wead,
Wead Bldg.. 18th and Farnam. '.22) 628
FIVE PER CENT MONEY
te loan on
Omaha Business Property.
Rsom 1. New York Life Bldg.
$600 to $200,000. lowest rates, no delay.
Quvlo Bros.. 1604 Farnam. (21) 4U
600 TO $5,000 on hornet In Omaha. O Keefe
Real Estate Co., 1001 N. Y. Life. Doug,
or A-2152. (21)-7
MONEY TO LOAN-Payne Investment Co.
NEW furnaces, hot water and hot air com
bination heating, i and 4-hole laundry
hot water heaters,, mantle grates, gas
etoves repaired, water fronts and flowei
vases. Omaha Stove Repair works. 1208-
1208 Douglas St. 'Pkjoues lad. A-3S21;
veil, uougias ybu.
WANTED TO BORROW
7 to I PER CENT on real estate (1st)
mtges., Omaha. If willing to accept re
payment In regular Inatallnicuts (this con
stantly strengthens the security), write
for particulars and Interview. Amts. $8e0
to II. aw. Up to .U).uu can be placed In
next 12 month, tlo.uou to $12,000 now. TliU
la a bona fide advertisement of responsible
business man with bunk references. An
swer In business confidence. Address
W, 408 Bee. (24) M74i 2
WANTED TO BUY
HIGHEST prices for secondhand furniture,
carpets, clothes and shoes. Tel. Doug. JWL
BEST price paid for secondhand furniture,
carpels- stoves, clothing, shoes. Tel. Doug.
The Practical Auctioneer. 84$ N. Y. Life.
STANDARD upright piano. Phone Web
ster 8726. (ij M&S6
FURNITURE DELIVERY WAGON, for
one hore; must be I11 good repair apd a
bargain. Address Box M. Bancroft. Neb.
(2o) Mi24 2x
WANTED Four good, common work
horses, to weigh not less than 1,'JuO lbs.
each; state age, price and address where
they can be seen. Aildreos S 37a, care
Bee. ('-& M497 3
BEST prices paid for 2d-hand furniture,
clothes, shoes, etc. Tel. Douglas 4X5.
(la) 811 May 23
WANTED To buy a second-hand Excelsior
motor cycle In good condition for cash.
Lock Box 50, Kearney, Neb.
(25) Xli.NS 2x
7-ROOM HOl'SE, north part of c.75, on
bevhooni down stitrs. C 48 B-e.
l25 Mill) i
WANTED TO RENT
MARRIED couple wants three or four
rooms for light lioukeepliig V private
family. Hanseom park district -preferred.
References exchanged. Tel. Harney 3M4.
() M"iuO 2x
FURNISHED home of 8 or 1 rooms. In
West Farnam or H unw orn Park dlstrh t.
modern. Will lease for a year; rent
reasonable. Address B 444, care He.
(20) M'8 Ix
D. C. SCOTT, D.V.S.
(Successor to Dr. H. L. RamacclotU.)
ASSIST AaTT STATS "rt""')l
Office aad Hospital. 8810 Haaoa
Calls Promptly Answered at All Hour.
Taeaa Office Karnsy e7.
kaj. SwaejUa ewtUs.
. 100 Profit
If you have $100.00 or $10,000.00 to invest it will pay
you to investigate this proposition. YOU WILL BE
GUARANTEED UNCONDITIONALLY A PROFIT
OF 1007p ON YOUR INVESTMENT IN THREE
YEARS. This is a gilt edge, conservative, safe in
vestment for which we eurt the most thorough in
vestigation. We only need $15,000.00' and when this
amount is secured this unusual opportunity will be
gone. You will never again have an opportunity like
this, bo aot at once. Best of bank referents furn
ished. Address IT. 365 Bee.
REAL ESTATE TRANSFERS
Ida J. Talley and htiaband to J. F.
Hnyoer, lot , dioox a, ruuoyon
Hetghts $ 360.00
G. J. Morris and wife to Viola E.
Knox, east 40 ft. lot 8fl, block ti
Jerome Park and south 20 ft. lot 10
and nortli i ft, lot 11, block 1, Van
dercook Terrace 1.00
J. I. Case Threshing Machine Co. to
Phillip Llbliardt, lot 17. diock aa,
Albright Choiee 1.00
Fred S. Vaverka and wife to J. M.
Kroupa, lot 19, and aw Vs lot 8, block
8. Rlvervtew Park 1.800.00
Homestead Co. to L. D. Harrison, lot
867 to atiO. Homestead .tH
Same to Frlty Jacobs, lot 840, same 112.64
Same to F. B. Crane, lots 391, 892
and X)3. same sa.M
Same to Aug. Schmltt. lot 387. same 1.68
Surne to J. C. Herricks, lot 372, same i:.32
ime to R. T. HaseU. lot 22". same pw.iu
Same to Floyd Cockrell, lot 218, same 185.00
S.ime to G. W. Cunningham, lot 108,
Same to Geo. Oalentlne. lot 174. same 116.28
Same to H. C. Wagner,-lots 22 and 23,
Richard Scannell to Peter Verbickl,
ot 6. b ock 4. St. Mary's addition 200.00
E. A. Phillips and wife to Mary L.
Hons., iwts lots s ana 4, diock id,
Patrick's 2d 750.00
Elizabeth Kountse Real Estate Co.
to Claus Schaub, S27.8 ft. lot 3,
block 1. Kountze Place 750.00
Benjamin Futsom and wife to Bessie
Freed, lot 2. block 4. Redlck Park 400.00
Continental TruBt Co. to J. C.
Reeves, lots 1 and 4, block 10,
Kountze and Ruth's addition 8.500.00
Jas. Caihroe and wife to M. E. Arn
old, lots 4 and 5, Sub. of Fort View
Annex I 500.00
C. D. Armstrong and wife to Rernlce
B. Clark, lot 6. block 2. tteea s oin d,i.uv
Portsmouth Savings Bank to Eugenie
M. Earle, lot 18, block 118, Dundee
Jennett O'Brien and husband to C.
H. Wlthey, lot & and eVs lot 6, block
10 Kountze Place 4.200.00
Parkway Real Estate Co. to Kdlth
Hansen, lot 6. block 2, tjartnae aw.w)
G. T. Morton and wife to Gua Blom-
nulat. lot 9. b ock 3. Creston 3o0.C0
H. J. atlger a.nd wife to E. L. John- .
son. lot 19. block 20. Wilcox 2d.... 6.000.00
C. F. Hastings et Al to August Wllko
lot 9. block 4. Heed's 3d 4W.W
Barker Co. to Monica L. Dillon,
south 42 ft. of sod. lot 30. and east
182 ft. Bub. lot 25. tux lot 5. 15-10-13 1.00
C. W. Martin and wife to Lizzie L.
Lenton, west 40 ft., lot 10, 1st addi
tion to Forest Hill 6.000.00
James Corr and wife, to George 8e-
gard. lot 10. block 2, Lowes Hub.. Z.oOO.OU
John A. Crelghton Real EBtate &
Trust "o. to F. Al. Hcnroeder, lot
12. block 1. Creighton's 1st addition 600.00
Annie Weir and husband to J. A. C.
Kennedy, lots 8, 4 anil 21, block 6,
Walnut Hill 1.00
State National Rank of Cleveland to
F. W. Parr, lot 47, Inox 150.00
John A. Crelghton Real Estate &
Trust Co. to Theo. lHn&cson, lot 14,
block 1. Creighton's 1st addition.... 600.00
A. J. Nodi-tin and wife to Frank 11a-
dill. Jr., and wife, lots 1, 8 and 3,
block 3, Persons & Berry's addi
C. O. Nownes and wife to J. E.
Stormer, north 35 ft., lot 9, block 3,
McGavock & O Keefe's addition.... 2.000.00
Lorenzo Litton to Herman Cromwell,
lot 3. block t. Kountze 4tn i.ou
I. F. Baxter to Mamie C. Baxter, lot
12, block 2, Plalnvlew 1.00
Omaha Safe Deposit & Trust Co. to
Thos. Hoctor, lot 15. block i. Jot
ters addition 700.00
Elizabeth Kountze Real Estate Co. to
F. H. Davis, undivided H of s4, lot
1414 Millard ti Caldwell's addition 750.00
John Hallenbcck and wife to J. C.
Reeves, 2 acres in seVi no4 section
IL K. Gaylord et al to Preston
Reeves, a acres In s4 neV 9-14-
County Treasurer to Wm. Fleming,
lot 23, mock A Saunders & Jlime
RAILWAY TIME CARD
UNION STATION lOTH AND MASO
.a 8:55 am
.a 3:&0 pm
a 1:40 pm
a 6:00 pm
a 9:20 am
a 6:00 pm
a 8:50 pm
a 6:45 pm
a 6:45 pm
a 4'45 pm.
a 7:06 am
b 1:40 pm
a 2:45 pm
a 8:00 am
Atlantic Express ,
Oregon Express a 4:10 pm
Los Angeles limitea....siz:Mi pm
Fast Mall a 9:20 am
China andtapan Mail. .a 4:00 pm
North Platte Local a 8:15 am
Colo. Chicago Special... al2:10 am
Beatrice & Stromsburg
Local D12;40 pm
Valley Local (motor,
via Lane Cut-Off) al0:O am
Valley Local (motor). ..a 6:30 pin
Local passengers not carried
Ncs. 1 and i.
Bt Louis Express a :30 pm
a : am
tit. Louis Local (from
Council B utts) a 8:00 am
Etanlierry Local (from
Council Bluffs) b 5:00 pm
bl0 :16 am
a 8:46 pm
a 8:80 am
Chicago Express a 1:15 am
Chicago Limited , s pm
Minn. -St. Paul Express.b 7:16 am
Minn. -kit. Paul Limited. a 6:00 pm a 8:30 am
Omaha-Ft. Dodge LYal.a 4:16 pm all JD c
Ckleaco, Rock Islaael a Paelfle 1
Chicago Limlta-1 a 8:00 am
Iowa i-ocal ...a V:uO am
Kocky Mountain Ltd. ...a 3:00 am
Dee Moines at Eastern.. a 7:00 ain
Des Moines Passenger.. a 4:0e pin
low a Local bll:uu ant
Chicago Eastern Ex.).. a 4:40 pm
Chicago Flyer a 6:08 pm
a 4 ft) pm
a 4 tu pm
al2 $0 pm
b :io pm
a 1:10 pm
a k.le am
Rocky Mountain Ltd...all:12 pm a 1:60 pm
Culo. ec Cal. Expre.. l .ai pm a : pm
Oal. A Texas s-xprea..a 4.4u pm a l:u) uiu
Ikltsgwi aiiitmiKM A at. raai
Chicago & Colo. Special. a 7:26 am all:6i pm
Cal. at Oregon Express. a 8:00 pnr. a 8.86 pm
Overland Limited a t 58 pm a 8:a) am
Perry Local b 6:16 pm bli:85 am
Chicago Great Western.
St. Paul-Minneapolis.... i.io pm 8:15 am
ht. Paul-Minneapolis.... J;)m k:zu pin
Chicago Limned 6:10 pm :lo am
K. C. Bt. L. Express.. $ 00 am a T 08 am
K. C 8u L aapr-as..aa.l6 put a 4 pm
Chicago si or U. western
Chicago Dayhgnt a 7: am all 48 pm
Tain CU.v Express a 7:e am alO 8U pm
Chicag-. Local all.) am a 8 a pm
fiicjx City Lvcal a 8:48 pm all .80 am
Ch.cago Local a 4 Jo pm a k:lu am
Chicago Special a 6:u2 pip 8:22 am
MlniieHota-Dakota Ex.. a 6:46 pm a 9.80 am
Fast Mall a $.88 pm
Twin City Li Billed a 9:00 pm a 6.U0 am
Los Angeles Limited. ...a 9:10 pm aU:26 pro
Overland Limited alO.eu pm a s .88 am
Nebraska and Wyoming Division
Norfolk-Btmesteel a 7:46 am n I to pm
Lincoln-Long Pine a l:4U am alu.86 am
Den d wood-Lincoln - a 1:00 pm a 6 20 pm
Casper-Lander ..........a l:u pm a t.j) pm
Frsmont-Alblon b 6:30 pm b 1:36 pm
HastUura-Buperlor b $. pm k 6JW pat
BCRLINOTOS ITA. lOTH A MASON
a 3:45 pm
a 3:45 pm
a 6:10 pm
a 9:08 am
a 6:10 pm
a 6:10 pm
b 9:08 am
a 7:60 pm
b 1:06 pm
e 2:40 pm
a 7:06 am
a 3:56 pm
a 8:80 am
a 6 :90 am
a 6:10 pm
Denver A California.. ..a 4:10 pm
Northwest Special a 4:10 pm
Black Hills a 4:10 pm
Northwest Express ,...al2:15 am
Nebraska points a !:4o am
Lincoln Fast Mail b 1:20 pm
Nebraska' Express a 9:16 am
Bchuyler-Plattsmouth ..b 1:06 pm
Plattsmouth-Iowa b 9:18 am
Bellevue-Plattsmouth ..C12:S5 pm
Denver Limited a 4:10 pm
Chicago Special a 7:28 am
Chicago Express a 4:20 pm
Chicago Flyer a 6:30 pm
Iowa Local a 9:16 am
Bt. Louis Expreea a 4:40 pm
Kansas City at St. Joe..al0:46 pm
Kansas City St Bt Joe. a 9:15 am
Kansas City & St. Joe.. a 4:40 pm
WEBSTER BTA. 18TB ec WEBSTER
Chicago, St. Panl, Minneapolis
Twtn City Passenger.. .b 6:30 am b 9:20 pm
Sioux City Passenger. ..b 2:00 pm bll:66 am
Sioux City Local c 8:46 am c 6:20 pm
Emerson Local b 6:56 pm b 9:10 am
Auburn Local b 1:60 pm bll:80 am
a Daily, b Dally except Sunday, o Sun
day only, d Dally excett Saturday.
According to the records of the building
department for ten years paht, more money
waa put Into places of amusement than in
church buildings in Now York City.
Mrs. Elizabeth F. Noble of Mansfield,
Mass., whose will has juat been made
public, left $10,000 to the Midnight Mission
of New York, and the same amount to
build drinking founts for horses and dogs
In the streets of Now York.
Dean Joseph G. IL Barry of Nashota
House, Wis., Just callod to the rectorship
of the Church of Bt. Many the Virgin,
New York City, was born In Middle Hadi
dam; he Journeyed to the jirleathood via
Wesleyan university and the Berkeley
Dr. FtbjicIb E. Clark, national president
of the Christian Endeavor union. In a talk
before the Nashville Christian Endeavor
union at Nashville the other night, ad
vocated' the coalition of the Christian En
deavor union with the Epworth league and
the Baptist Young Peoplo'b union.
Verily, It paye handsomely to advertise
even a church. The Congregational Church
society of Wakefield, Mass.. has found this
out. On February 21 the church was burned
and the members set about getting funds
for a new one. Recently they Inserted the
following "ad" In thlr local papers:
"Wanted Thirty thousand dollars to re
build the Congregational church destroyed
by fire February 21. SubacrlptliKis re
ceived Sunday." On Sunday last gifts
amounting to $23,000 were received.
Prof. George A. Ooe of Northwestern
university, who has been elected professor
of practical theology in Union 'meolog-.cai
seminary, New York, has held the John
Evans chair of philosophy In the Kvanston
Institution since 1X93. He was graduated
from the University of Rochester In 18X4
and front Boirton university In 1887.
A monument to Barbara Heck, the
mother of Methodism In America, aa she is
sometimes culled, Is to be unveiled in
August In the little old Blue Olrurch grave
yard on the banks of the Saint Lawrence,
near Prescott. where she lies buried with
her husband. This Is not the first me
morial to Mrs. Heck. There Is a marble
tablet to her on the walls of the cnapol
which she helped to establlwh In New
York! and there are a Heck hall in con
nection with the Garrett Biblical Institute
at Evnton, 111., and a Heck Hall for
Women at Victoria university In Toronto.
She holned to found the first Methodist
society in Canada, so the Methodists In two
countries are interested in the new monu
ment In Blue Church graveyard.
Developments Here and There,
The' tides of the bay of Fundy will be
harnessed for electric power.
An electric sand-papering outfit is ' one
of the latest electrical devices.
Enarland Is now in direct telegraphic com
munication with India, a distance of 5,374
A wireless plant will be Installed on the
top of the tower of the city nan of pnna
dclphla, 500 feet above the street.
A device has been perfected, driven by
a tiny general electric motor, for polishing
stoves and ranges in hotels ana restau
A wireless telephone Is to be used along
the coast as a fog signal. It has been tried
out and found to work well under heavy
Electric sirens are In use on the railways
of Germany. The sound Is produced by
the vibrations of a diaphragme under the
Influence of an electro-magnet.
Wireless communications have been sue
cessfully carried on from a special train
on the Lake Shore railroad to Cleveland
and Chicago, while running at full speed.
It Is expected that In the early future
electricity will supersede steam on all the
railroads of Germany. It will fke nearly
$135.0C0.0uO to replace all the steam loco
motives with electrics.
A great dam is to be erected across the
Colorado river at Marble Falls, Tex.
When completed this dam will give more
than 10,000 horse-power, which will be used
to operate a large cotton mill and other
The firbt practical demonstration in this
country of the new process of telegraph
ing photographs was made March 4. when
pictures of Taft and Roosevelt were flashed
pus uoiXumB.y ud.a)q sjM m jao
The largest storage battery In the world
has been Installed at the Sixteenth street
station of the New York Edison company.
The 150 cells have a capacity of 22,0i am
peres for one hour at 120 volts. It will be
used only In emergenciea
The largest electric 'power station In the
world will shortly be erei ted within four
teen miles of Johannesburg under the
terms of a contract officially announced,
by which the Victoria Falls Power com
pany will supply eluctric power to prac
tically all the mines in that great group.
How many of us realise the fact that
canes, like hats and neckwear, change
with the seasons and that what would be
considered a fashionable stick In midwin
ter, will not do at all In May. Very light
weight and light-color canes are the pres
ent mode and the many-sided cane la again
popular this season, tillver handles, crooks
by the way and not straight handles, are
always very much sought after, although
some of the younger men still prefer
straight sticks. The most fashionable cane
of the moment Is that made of snake
wood. It la throa-ld4 .and taa. a sliver
RAILWAY TIME CARD"
Supreme Court Syllabi
1W4S. McCbuIpt against State. Emit
from Douglas. Reversed and remanded.
1. A cltv charter conferring upon the
council power "to levy and collect a llcrno
ta on hacks, drays or other vehicles used
for pay within the city, and to prescribe
the compensation for the use or sttch
hacks, drays or other vehicles," !s In
sufficient to authorise the city council to
exact a license tax from persons the regu
lation of whose compensation la not per
mitted. 2. The owner of wagons kept by Mm for
the purpose of renting them to varlaus
firms under monthly contracts, each wagon
being kept for the exclusive use of the
firm contracting for it, the same being
under thp direction and control of the vari
ous firms having monthly contracts for
aid wagons, and who doe's not h ld himself
out as ready to serve any person who may
have goods or merchandise to transfer, is
not the owner of vehicles used for pay.
nor Is his compensation subject to control'
by the city council within the meaning 3f
the charter provision above quoted.
15875. Pulver against State. Error from
Kearney. Affirmed. Calkins, C.
1. The mayor of a city has no power to
suspend the operation of a city ordinance
which contains no provision In Itself em
powering him so to do.
Z. Whore a llcens'-d saloonkeeper Is prose
cuted for the violation of a city otdlnance
forbidding him to keep his place of bimi-
r.ess open after 11 p. m.. and such act is
shown to have been committed by an
agent In charge of such business, it Is un
receasary to show any guilty Intent on the
part of the owner, such prosecution being
In the nature of a civil action to recover
15H22. Boesen against Omaha Street Rnll-
v ay company. Appeal from Douglas. Af
firmed. Let ton. J.; Fawcett, J., and
Barnes, J., dissenting.
1. In this, an action for personal Injurtps
alleged to have been occasioned by the
dei aliment of a street car whereby the
plaintiff was thrown from the car and
thereby injured, the defendant pleads con
tributory negligence, In that the plaintiff
was negligently standing upon the running
board of the car at the time of the accl
dert, and his Injuries resulted from such
negligence. Held, that It was not error to
refuse an instruction that If the Jury be
lieved from the evidence that 4lie plaintiff
was not thrown from the car, but that he
attempted to get off the car when It was
In motion and fell into the street their
verdict should be for the defendant, since
such an Instruction is neither within the
Issues made by the pleadings nor the evi
dence In the case.
2. Instructions should be considered to
gether. Separate clauses or parts of a
sentence should not be separated from the
context In order to arrive at the true
meaning of the language, nut all that la
said upon the particular subject is to be
1. A witness testified that the plaintiff
"was thrown from the car," but he testi
fied later that he did not see the plaintiff
until he was lying on the ground. A mo
tion to strike his answer as being merely
a conclusion of the witness was overruled
and exception taken. Held, 'hat while the
answer should huve bien stricken, tne
error was not prejudicial, since the Jury
could not have been misled by the testi
mony. 16.4OT. Bonacum against Manning. Appeal
from Furnas. Fawcett, J. Reversed anTl
1. The district court la without original
jurisdiction to distribute the funds of an
estate of a deceaxed person.
15,121. Howell against State. Error, Doug
las county. Reversed and remanded. Reese,
C J.; Rose, J., not Bluing.
1. To charge a criminal violation of the
first section of art. 2, ch. 91n, Compiled
Statutes, 1907, "To protect trade and com
merce against unlawful restraints and
monopolies," commonly called the "Junkln
Act," the indictment or Information must
allege that the acts complained of were In
restraint of trade within this state.
2. A number of persons, dealers In coal
and other fuels, In the city of Omaha,
created and became members of a local
organization known as the Omaha Coal
exchange, and were subsequently Indicted
under .what Is called the "anti-trust laws"
of this state. Upon the trial of one of the
indicted parties, the constitution of the ex
change was Introduced in evidence by the
state anl which contained an article pro
hibiting tho members from soliciting trade
by the personal appeals of themselves or
their agents, but allowing the urn of
printed postal cards and non-addressed
printed matter enclosed In envelopes, and
providing that the exchange should not
Interfere with prices made between mem
bers, or as to whether the same should be
at wholesale or retail prices. The court
Instructed the Jury that that article was
"In Itself" a violation of the law of this
state, and If they found that It was In force
and carried out by the defendants, the ac
cused was guilty of the crime charged. The
Instruction Is held erroneous; that It was
proper for the Jury to take the article Into
consideration In arriving at their verdict,
but that it did not. of itself, foreclose fur
ther inquiry as to defendant's guilt.
S. It was shown by the evldenoe that the
accused on trial had not, personally, be
come a member of the Omaha Coal ex
change, but that ho was a member and
president of another organization which
was, Itself, a member of the exchange;
that he was the preBldpnt of the Omaha
Coal exchange and chairman of Its board
of directors whlrh had the management of
its buslners. and that ho acted In both
capacities. TIeld. That this constituted him
to all Intents nnd purposes, a member of
the exchange and liable criminally to the
name extent as though he had personally
signed the constitution and been admitted
15526. Dallev against Treadwell. Appeal
from Clay. Affirmed. Calkins, C. Epper
son, C, not sitting. Commissioners' dp
1. Where a wltnpss to a will testified
that another witness nnd himself signed
the will M the request of the testator, such
testimony will not be disregarded on ap
peal, because In the form of a conclusion,
no objection on that ground having been
mnde at the time,
2. Where the evidence shows that the
witness to a wUl signed the same at the
renuest of the testator, who thereupon di
rected the draftsman thereof to place the
same In an envelope addressed to the
county Judge, In whose office It was after
wards found, such acts constitute a suffi
cient publication of the will.
8. Evldenoe examined and found Insuffi
cient to show a change of residence.
4. Where It appears that a testator had
been on various occasions temporarily con
fined in a hospital for the Insane, but In
the Intervals was competent to transact
with Judgment and discretion his ordinary
business and had sufficient strength of
mind and memory to know and comprehend
and retain in his mind those who were or
naturally should have bran the objects of
his bounty, the nature and extent of his
estate, and the disttlhution he wished to
rr.ake of it, and that during such an Inter
val he executed In due form his last will
fnd testament, making a reasonable distri
bution of his '-state, a judgment probating
said will should. be sustained.
6. It Is not error fur a district Judge to
refute to hear argument where an ex
amination of the evidence discloses the
fact that the c miuuton arrived at was
the proper one.
U.54S. Wells against Cox. Appeal from
Boyd. Opinion. Reversed and remanded.
Call-ins, C. Commissioners' department.
1. While the provisions of the occupying
claimant's act which gives the successful
claimant the option to deed the land for its
arpralsed value is not applicable where
such claimant cannot convey the fee, the
provision that the occupying claimant shall
not be evicted without payment to him ot
the value of his lasting improvements, la
2. The provision of the occupying claim
ant's act applies to evictions had under
chapter 10, title xxx, of tho code of civil
procedure, (sections 1,019 to 1,032, ccdeO, of
one cluimlng under the horns lead laws ot
the Vnlled States.
15660. Stamslca against The Hartford Fire
Insurance Company. Appeal, Lancaster.
Affirmed. Letton, J.
1. A contract of Insurance Is a contract
of Indemnity and any person attempting to
enforce a claim under such a com rat t must
show an Interest In the subject matter of
t. The findings of the district court In a
law action tried to the court without the
Intervention of a Jury are entitled to the
same weight as the verdict of a Jury and
mill not be disturbed unless the evidence
Is clearly Insufficient to support them.
15562. Radford against Wood. Appeal,
Buffalo. Reversed. Root, J.
1. R constructed a dam across the Intake
of a subsidiary chsnnel of a natural water
course and thereby retained all of the
water in said river In the main channel.
K had not secured permission of the ri
parian owners on the main channel below
said dam to thus Increase the flow of water,
nor had he proceeded under any statute
to secure that right. R brought an action
to enjoin W, the owner of an Island In
tha main channel of the river five miles
below his dam, from destroying said ob
struction and W riled a cross-petition to
compel R to remove It and also prayed
for damages. Held, that tin R did not have
lawful authority to construct said dam, a
court of equity would not protect him In
maintaining It. but, as the evidence was
conflicting and left the court In doubt as
to whether said obstructions damaged W,
he would, under the circumstances of the
case, be relegated to his action at lfcw for
15.472. State ex rel. Luben against Chi
cago A Northwestern Railroad company.
Appeal from Holt county. Affirmed.
1. Chapter 90, laws of Nebraska. 1907.
will not In every Instance, afford a shipper
an. adequate remedy against a railway
company that unlawfully neglects and re
fuses to furnish cars for the transportation
of his good and chattels.
1 In an action In mandamus to compel
a railway company to furnish cars for a
shipper, the proof established that the re
lator desired to ship his hay In car load
lots; that he had repeatedly requested the'
carrier to furnish him cars for said pur
pose and that It had failed to do so. No
reasonable excuse was shown for such con
duet. Held. That a peremtory writ of
mandamus In favor of the shipper and
against said corporation was proper.
15,479. McPuHoiigh nrnmst Dunn. Appol
from Cass county. Affirmed. Epperson. C.
1. In an action to recover on a warranty
that a horse sold by defendant to plaintiff
was sound, plaintiff alleged that the horse
was suffering from a disease or defect of
the back, the evidence Indicating that the
trouble was asoturia. a disease of the
strimaeh, llvpr nnd kidneys. Held, Not
such a variance as will require a reversal
of a judgment In favor of the plaintiff. It
not appearing that defendant was preju
diced by plajntl'f'a failure to allege
asoturia as the horse's disease.
- 2. The testimony of n witness, otherwise,
admissible, who observed certain symp
toms showing that a certain horse was dis
eased although he was unable to Identify
It as the horse In controversy, Is admis
sible In evidence and will be permitted
to stand In the record If the horse he ob
served Is Identified s the one In con
troversy by other w!t"ese.
15417. Hart against Knights of the Mac
cabees of the World. Apponl from Dodge.
Afflrmpd. Duffle. C; Rose. J., concurring
1. Statement In the proof of loss, ns to
the cause of death of on Insured, may be
contradicted on the trial of an action on
the policy of Insurance, unless the usual
elements of equitable estoppel are present.
2. A fratprnal Insurance company cannot
have the benefit of Its by-laws and amend
ments thereto, In defending a death claim,
unless certified copies of such by-laws and
amendments have been filed with the audi
tor of public accounts.
15503. Kiminerly against McMlchael. Ap
peal, Grant. Affirmed. Rose, J.
1. In a suit by a divorced woman to quiet
her title to the former homestead the court
may find that the property was not her
separate estate and at the same time sub
ject it to her Upn for alimony by canceling
a void deed which had been executed In
violation of her homestead rights, where
the pleadings and proof warrant such re
lief. 2. After decree a petition In equity not
attacked by motion or demurrer will be
liberally construed by the supreme court
for the purpose of upholding the proceed
ings of the trial court.
3. In a suit in equity the relief to which
plaintiff is entitled under his petition and
proofs may be granted pursuant to his gen
eral prayer, where defendants understand
the Issue and resist his allegations by evi
dence. 4. Allowance of alimony In lieu of a wife's
Interest In her husband's property is not
an adjudication which prevents her from
recovering a decreo canceling a void deed
formerly executed In violation of her home
stead rights and Interfering with her Hen
6. A decree In equity should not be re
versed for a mere technical error which
does not prejudice any party to the suit,
6. A mortgage on a homestead worth less
than $2,000 when executed by the husband,
but .neither signed nor acknowledged by
the wife, Is void.
155CG. Wlllard against Key. Appeal from
Platte. Affirmed. Epperson, C. Commis
1. If an agent In the prosecution of his
principal's business misrepresents a ma
terial fact, and the person to whom such
representation is made, in ignorance of the
truth, relies, and acts on such statement to
his damage, the ngent and principal nru
Jointly liable In tort therefor.
16567. County of Colfux ngalnst Countv
of Butler. Appeal from Butler. Affirmed.
Dena, J. Reeae, C. J., not sitting.
1. The county of Colfax served notice
upon the county of Butler In substance re
questing it to Join In and to pay one-half
of the cost uf the repair of a waffon bridge
over the Platte river, which request being
ignored by Butler county, Colfax county
proceeded under a contract to build practic
ally a nerf bridge, costing about $22,000;
held, Butler county not liable to Colfax
county for any part ot the cost of building
2. A notice served upon a party sought
to be charged thereby should fairly state
the Intention of Its author and the scupu
of the enterprise contemplated by him.
15568. George against Dill. Appeal from
Custer. Affirmed. Duffle, C. Commis
1. In an action pending In the Twelfth
judicial district the parties stipulated to
try the case before the Judge of the Thir
teenth Judicial district, and to take the
evidence before said judge at Grand Is
land, In the Eleventh Judicial district dur
ing the vacation of the court In which the
action was pending. Whether a Judgment
based on the evidence so taken, rendered
by the judgu hearing It at a regular term
of the court of the Twelfth judicial dis
trict. Is erroneous and subject to reversal
on appeal quere.
2. After acquiring Jurisdiction of the par
ties and the subject matter of the action.
Irregularities on the part cf the court In
entering judgment in the case can be
taken advantage of only by appeal; such
Judgment not being absolutely void and
subject to collateral attack.
155574. Olson against Nebraska Telephone
company, apppeal, Douglas. Reversed and
remanded. Rees, C. J.; Harnes. J., dissent
ing from reversal as to Nebraska Telephone
1. A contract by which a master seeks
to Impose upon his servant duties and
obligations which the law impose upon the
master and to relieve the master from
liability for negligence on his part Is
against the public policy and void
2. Where the question of negligence Is
presented by the pleadings and there is
no conflict In the evidence and but one
reasonable Inference can be drawn from
the facts, the question Is for the court.
See Brady against Chicago, bt. Paul, Min
neapolis and Omaha Railroad company, 59,
8. Where the ordinance of a city require
an electric light company to maintain Its
electric light wires In a taut condition to
avoid swinging contacts and tu keep suoli
wires properly Insulated, and, where it Is
necessary for such electric light wires to
cross the line of a telegraph or telephone
line, to string Its said wires at a distance
of not less than five feet from the wires
of said telegraph and telephone line; a
failure on the part of said electric light
company to comply with all or any of
such requirements Is negligence which will
render It liable tu any person who, without
fajlt on his part. Is injured by reason
4. And In such a rase, where the de
fenses of assumption of risk and contribu
tory negligence are relied upon, it is error
to withdraw the case from the jury, un
less such defenses are established by evi
dence so clear that reasonable men would
not be warranted In reaching a different
l:.o;. Iteed against Chicago, Burlington Sc.
Quinty Railway company. Appeal from
Nuckolls county. Affirmed. Good, C, Com
1 In an action against a railroad company
plaintiff alleges the purchase and posses
sion of a mileage ticket, the povsesKlun of
a freight twin permit and that defendant,
disregarding Its duties as a common car
rier of passengers, wrongfully ejected him
from a cabouse attached to one of its
fi eight trulns, but did not allege any con
tract to carry him as a passenger or any
breach theieuf. Held, to state a cause of
action ex delicto and not ex contractu. ,
2. Railroad companies may properly desig
nate on what trains passengers may be
carried and may exclude passengers from
unscheduled extra freight trains.
3. A permit issued by a railroad company
without consideration which authorized Us
train operatives to carry the holder of the
permit on freight trains is a mere license
and may be revoked at any time when the
holder is not actually a passenger under it.
16679. Brunke against Giul.eii. Appeal,
Franklin. Good, C. Commissioners' divi
sion. 1. In proceedings by an assignee of a
dormant judgment for a reviver thereof
the defendant admitted the recovery of the
judgment and the assignment thereof to
plaintiff and denied that plaintiff was the
real party In Interest, without alleging
that the assignee had In any way trans
ferred or parted with his ownership of the
judgment. Held, to state no defense to the
1554. Cooper Wagon and Buggy Com
pany against Irvln. Appeal. Franklin. AN
rirmed. DufHe. C. Commissioners' dlv!
1. The husband and wife mortgaged their
homestead owned by tho wife, together
with other lots owned bv the husband,
to C. Afterward they executed a second
mortgage to the appellant on the lots
owned by the husband. Held, that on a
foreclosure of these mortgages a decree
requiring C to exhaust the property not
embraced In the homestead before selling
the homestead estate was proper, and that
the appellant had no cause of complaint,
as a marshalling of securities Is allowable
onlv whpre the common debtor of two or
more creditors Is the owner of the several
funds out of which payment Is to bo
InfifJ. Mott against State. Krron Buffalo,
Reversed and remanded. Damps, J.; Root,
J., and Reese, C J. dissenting; Rose, J.,
1. In a prosecution for the crime com
monly called statutory rape, where thai
prosecuting witness testifies positively to
the facts constituting the crime, and tha
defendant as positively and explicitly
denies her statements, her testimony mimt
be corroborated by facts and circumstances
established by other competent evidence In -order
to sustain a conviction.
I. Evidence examined In substance stated
In the opinion and held not sufficient to)
sustain the verdict.
R. In prosecutions of this fc!nrt It Is thai
duty of the trial court to properly Instruct
the' Jury aa to the necessity of rorrobora
tlon without sny request therefor on tha
part of the dpfpndsnt.
IfiSHl. Callahan against State. Error froVn)
Douglas. Reversed. Ixtton. J.; Rise, J., not.
1. In the prosecution against the superin
tendent of a remctpry for unlawfully as
alstlng. Inciting and procuring another to
disinter human remains where the evidence
la that the accused had no knowledge of
the disinterment and state relies upon gen
eral instructions to a person employed aa
a grave digger as constituting the Inciting
and assisting act. Instructions In another
and particular Instance are not sufficient
to support a conviction. ...
I. Evidence set forth In tha opinion, held,
not to constitute such Instructions to m
laborer as to warrant a conviction In a
case where It Is shown that no knowledk
of the disinterment was had by the au
rerlntendent until some time after the act
had been performed.
3. Cross-examination should he restricted,
to matters covered by tho examination in
cMet- . ... .
4. I'nder the evidence set forth in the)
opinion, held, error to submit the question,
to the Jury as to whether the instructions
given by the defendant to the laborer In,
the particular Instance constituted a) rula
of action for future Instances.
15739. Yelser against Brondwell. Appeal,
Douglas. Reversed and remanded. Epppr
son, C; Fawcett, J., not sitting. Division
1. A written assignment of a sum of
money In the custody of an agent. Intended
to convey the title thereof to the assignee,
and made In definite terms, without thfl
reservation of control In the assignor, la
sufficient to give the assignee priority over
a creditor attaching such funds In th
hands of the agent subsequent to tho data
of the assignment.
2. Fraud Is not presumed from the mere
fact that an Insolvent debtor assigns prop
erty or pays money to his attorney for
services rendered or to be rendered In tha
15.507. Selfert against Dillon. Appeal from)
Lancaster. Affirmed. Reese, C. J.; Faw-cett,
J., not sitting.
1. The right of a land owner to restrain
an adjoining propprty owner from using
his property as a bawdy house, or house of
HI fame, to which persons resort for th
purposes of prostitution and lewdness, la
n rlffht belonging to the land, and the fact
that defendant's premises were so used
before plalntlf purchased property, con
stitutes no defense to an action to enjoin
2. The illegal use of property as a houss
of 111 fame constitutes a continuing Injury
to a nearby property owner, which Is un
affected by lapse of time.
8. The fact that municipal authorities
tolernte the mnlntptaance'of a house of
prostitution on defendant's property, and
thereby violate the law themselves, con
stitutes no defense to a sultt by a nearby
property owner to enjoin such maintenance,
special damages being shown.
4. Where a nearby property owner and
those In his employ, are compelled to wit
ness Indecent conduct of the Inmates of '
bawdy house, and to hear loud, boisterous.
Indecent and annoying noises made by
them and their dissolute companions, he
thereby suffers a special Injury, different
from that sufered by the general public,
and Is therefore entitled to enjoin the same,
notwithstanding the maintenance of such
place Is a public nuisance.
15736. Barnes against State. Appeal
from Cass. Reversed. Calkins, C; Root,
J. not sitting.
Chapter 97 of the laws of 1905, pro
viding for the examination and licensing
of persons engaged In the practice or
veterinary medicine and forbidding per
sons not so licensed from assuming tho
title of veterinary surgeon, or the title
of any decree conferred by the veterinary
colleges, does not contravene any con
liHw. jtiuins agaiiibt MUlor. Appeal from
Butlaio. Ail'ii'iued. Reese, C. J.
1. in an action for damages tor an as
sault and battery wherein il was claimed
by lui'ii ot lue parlies that the other was
tne aggressor, and by the defendant biiai
wuat no did was in self-defense, It was not
error tor the court to instruct the Jury
among other things, that the right of eelt
defense did not imply the right to attack.
ur to voluntarily enter into an affray, nor
to use mure force Hum was necessary lor
his defense, and that the question as to
who provoked tne difficulty or made the
first assault was for the Jury to decide
under the evidence.
2. In continuing Instructions upon any
given propoaittim all instructions bearing
upon the same should be construed to
gether as a whole.
3. Where two persons engaged volun
tarily in a fight, either can maintain an
action ugaiusi the other to recover the
actual damages for the Injuries he may
receive, and the fact that the combat was
by agreement or mutual consent uf the
parties to it is no defense.
4. Immediately after an encounter be
tween plaintiff and defendant, tho plain
tiff's hat was picked up near where he
fell and was Introduced In evidence upon
the trial showing a break pr rent at a
place which when worn would be over or
near the point Injury upon plaintiff's head.
The Identity, condition and possession of
the hat were shown by evidence preliminary
to Us introduction. Held, that the admis
sion of the hat In evidence was not er
roneous. 6. After the conclusion of the Instruc
tions by the court to the Jury, and upon
the Jury retiring from the court room to
deliberate upon their verdict one of the
Jurors, by mistake and Inadvertence picked
up the hat which had been Introduced in
evidence and carried It Into the Jury room,
where It remained until the next day, when
It was removed by a bailiff and returned
to bile court room. The evidence adduced
upon the motion for a new trial showed,
that the hat was taken by mistake and that
little If any attention was paid to It by the
Jurors; that It was upon the table arnuad
which the jurors assembled and used aa
a ballot box a part of the time; that It '
was not used In any way for the purposw
of Influencing the minds of the Jurors and
did not Influence them. Held, that tha tak-.
lng of the hat to the Jury room, under tha
circumstances, was an Irregularity, but
without prejudice U the defendant.
16459. Hlbner against Wilson. Appeal
from Lancaster. Reversed and remanded.
Root, J.; Reese, C. J., dissenting; Dean and
Rose, J. J., concur in dissenting opinion.
1. H. in his report as administrator of an
estate, claimed compensation for services.
Uaid Item was allowed In part and the re
mainder of his account approved. H, gave
notice that he would appeal from the order
diminishing his said claim and gave a bond
which referred solely thereto. Held, that
the transcript filed In the district court
did not bring up the entire account for
2. H., being an attorney at law. performed
legal services in the administration of said
estate. Held, that If such services wort
necessary fur the proper administration of
said estate and beneficial thereto, the
court, In its discretion, might allow tha
administrator reasonable compensation
3. For services rendered by H. In a busi
ness way, such as collecting rents of real
estate, paying taxes thereon, Insuring prop
erty and attending to repairs, It was within
the discretion of the count, if the evidence
established that such services were ex
traordinary, to allow H. a reasonable com
pensation. 4. In tho district court the claim should
have been tried without the assistance of
6. Sheedy against Bheedy, 36 Neb. 373, dis
tinguished. 16140. Chults against Chicago, Burling
ton it Qulncy Railroad company. Appeal
from I-ancaHttr. Reversed and remanded.
"Where one enters upon the premises)
of another with his consent, but without
an invitation, and not In the discharge of
any public or private duty, he Is a bars
licensee, ami the keeper of tha premises
owes no duty to him, as long as no wanton
or willful Injury Is Inflicted upon him by
the licensor or his servants." Chealey
against Rocheford, 14 N. ,WH MJ, apprvVesV
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