THE BEE: OMAIIA, SATURDAY, JUNE 12. 1900.
19
REAL ESTATE
CITY PROPKHTY POK SALE.
(Continued.)
3311 1) AND nAKNEY
In the crMm of the West Farnam dis
trict, a splendidly built and nearly new
1-r., ail modern residence. Reception hell,
parlor, dining room, kitchen end pantry
n flrnt floor; four bed room and bath
apstalrs Quartered oak finish; laundry In
basement, r.min, one half cash. At the
price. I he best home on the hill.
Iiyn Investment Company.
First Floor N. T. Ufa Bldg.'
Tel. Doug. ITKl. A-1KM.
1621 P1NKNEY STKEET
I roomn, all modern, with nlc lam lot
cxlL'4 feet, newly paved street, furnace,
cistern, first-class repair throughout
Price. U.7M); I2.ft00 cash, balance one, two
ai d three year at per cent Interest.
Peesemion within ten days.
J ). V. WHO LES COM PAN Y,
111 Hoard Trade Rldg., ltithi and Farnam.
Itlephonee: Douglaa 49, Independent A 2013.
UKT-yoilr property with Chris -oyer, 22d
and Cuming His.
DO YOU WANT A lIOMEt
Is there any p'ace better than Omaha?
We have
Homos in Omaha
ranging in price fiom 11,200 to 110.000. Tour
terms.
NOWATA LAND AND LOT CO.,
Suiie: 2l N. Y. Lite Rldg.
phone Kd lJ. Omaha, Neb.
BEaIHTfUL CLIFTON HILL
A REAL HOME
We want to cunvlnce you that you can
get a
Home in Omaha
lust a little bettrr than rent. Now it a
Land and Lot t o , (Suite KM N. Y. Life
liKlg., Omaha. Neb. 'Phone Hed 19l9.
txl2T ft oil i,e boulevard, Just south of
I. avenwni'th Ctt. A snap at $676. W. I.
Mel by, I. 1..10.
DOWN TOWN BARGAIN
Corner,. ftlxl-W, with large S-room house
-and barn, both In perfect condition $12,500.
Kasy terms. Worth fully 115,000. Owner
going abroad. Close to High School and
only four hloeks from postofflce. Just the
place to live while educating children.
J. .11. DUMONT & SON,
Thone Douglas 690. 1606 Farnam St.
6-Room Cottage
At a'.S H. 12th 8t., we offer a -room cot
tage, with good sized lot, city water In the
yard, for H.tiOO, on easy terms.
A. P. Tukey & Son,
444 Hd. of Trade Hid.
'Phone Doug. 21SL
ONLY J4,20 for the fine 8-room. modern
house, 3144 Chicago St. Rlngwalt Bros.,
S. Ith St.
. LOTS ON PAVED STREET
Tou cannot find any better located lota on
a paved street anywhere than the south
front lots we have pn Locust street, be
tween ISth and 19th. Can sell' you a ' 50-
, ft. lot for t0, or a 42-fu lot for $826, on
terms of one-fourth cash, balance In L 2
Tnd 3 years. Interest 6 per cent. This Is
ery desirable property close to car,
school and stores of all kinds. Hastings
4k Ileyden, 1S14 Harney St.
GOOD LOT CHEAP
WEST. FARNAM DISTRICT
47x155 ft. west front on Sftth I
St., 187 ft. south of Harney tit.,
facing C. N. Diets beautiful
lawn. Want offer for Immed
iate aale. An opportunity to
buy this lot at reasonable
figure If taken at once.
GEORGE & CO.. 1601 Farnam St.
June 10. 1L 12. 1909.
$1,200
LARGE CORNER LOT
8. E. oor. Sherman Ave. and Emmet,
62-ft. on Sherman Ave., 134 ft. on Emmet.
Paving all paid; has aewer, water and
gas. A good corner to put up two houses.
bee ua at once about this. This la a good
bargain and will be sold soon.
HABT1NG8 HEYDEN. 1614 Harney St
NEW 5-R00M COTTAGE
At. the southeast corner of 19th and Lake
Sts., we offer a full lot and new modern
cottage for $3,600.
A. P. Tukey & Son,
f 444 Board of Trade Bldg.
Phone Doug. Z18L
REAL ESTATE
i RANCH LAN f
V
FOR IALE
FARM AND
Colorado.
LAND for sale In Colorado within miles
of Juleeburg. nice prairie. 110 per acre:
down, balance I years' time. Address
Thomas Cochrane, Lincoln. Neb.
. .WATCH US GROW I
Routt Co., Colo., Carey act. Irrigated land,
t&.&O per acre. Cheap enufT W. 8. Rip
ley, US Paxion Block. Omaha, Neb.
M ACRES In Sedgwick Co., Colo., sub-lrrl-
gatlon, $15 per acre. J. O. Bone, Co.
. Uiufle. 3U Shugart Blk.' Phone 114.
. losraw .- .
FOR SALIC 41 acres of land, I mile south
east Of Council Bluffs. Telephone m-K.
" (-M34 14
North Dakota.
FOR PALE 40.000 acre) best 'wheat" and
flax land In tha northwest; for further
iiuuimiuon ran- sr writ vnon j. uoyio.
Wt.hek. N. D t-Mi JUa
Wrosiisg.
10,000
AcresofLand
Now Open to Entry
nder the Carey Act at Wheatland. Wva.
' Writ lis for full Information, how lo
'get some of these lands. We will locate
you and look after your Interests care
fully. This Is a splendid section, the soil
la rich; it la a great alfalfa, wheat, oats,
barley, aucar beet and Dotato country.
- Krult does well. The land is ready to
'iiiow. Duuuing materials are cheap, fuel
U abundant. We have railroad, school
and church facilities and the best of
neighbors. This a dairy luytry. Tou
can get rich farming here, t.e want you
to have our full descriptive Illustrated
circular . at onoe, free for the asking.
Write, we want to hear from you. In
quire of J.fR. Mason, Immigration Agte
vi neauand wye. IM)
Kaaaaa.
FOR SALE 140 acres; first and second
bottom; Improved; Joins town on Santa
Vt railway; Lyon county, Kansaa; price
410.0UO. Vor further particulars address
ner, riox lo. .Neosho riapios, Kan.
la, Dakota.
Ii0 ACRES In Hand Co; So. Dakota, near
Miner. 1J.6 per acre.. J. U, Bone. Co.
Umffa. la.. IU Shuart Blk.. .'Phone (14.
FINE farm lands in-Hand and adjoining
counties. South Dakota. Hustling agents
wanted. Jay P. MonUI. till Palace iU1k..
EULueapoju, HUU, t MI47 J las
REAL ESTATE
FARM AD RANCH I. AMI FOR IALC
Nebraska
Why Delay Longer?
Tou are Interested In Irrigated lands, so why not make up your mind to visit the
Famous Scott's Bluff
Country
It Is the last ot "The Great West" In Nebraska ana no other Irrigated territory
Is developing so rapidly.
Bear In mind that the Scott's Bluff Irrigated land Is the closest to Missouri Vel
ley markets, and for that reason alone the Investment will be profitable.
There are no finer lands, there Is nowhere a more abundant and surer water
supply. The Scott's Bluff lands will grow anything that la generally grown on the
Colorado" lands. It produces big crops of sugar beets. It produces prolific crops Qf
potatoes, some .farmers having harvested as high as 40 bushels to the acre. It Is
the home of alfalfa, oats easily go over 100 bushels to the acre, wheat will produce
over 40 bushels to the acre. '
The climate Is delightful, thrifty little towns, rural mail, telephones, everything
that the older communities have Is found In this valley. There Is no frontier or
pioneer life.
A sugar factory Is to he built In Scott's Bluff to take care of the 1910 crop. It
will be one of the biggest In the world and will cost upward of $2 000,000.
Lands are rising rapidly In value. Plan to go at your first opportunity. Our
next excursion
Tuesday, June 15.
Call, write or telephone us or our asso elate agents, who are found In all the live
towns In Iowa and Nebraska.. IT IS A DELIGHTFUL TRIP. We sold 3,300
acres last trip. We will sell more this time.
Payne Investment Company,
Colonization Agents, Omaha. New York Life Bldg.
Kimball County
BARGAIN
640 acres, almost level land, 14 miles N.
W. of Kimball, the county seat, fenced and
cross-fenced, deep black loam on which
anything can be raised that Is grown in
Neb.; m acres now In oat, wheat, rye,
corn and potatoes, balance fine grass, but
all can be cultivated; good four-room
house with out-kltchen and cellar; barn
for 8 horses; house for chickens, hog pens,
yards, etc. On account of the owner's age
(he is 72) and sickness ot his wife, this
place Is offered for quick sale at 110 per
acre, part of which can stand at low In
terest. Would take cottage In Omaha or
Mouth Omaha, or small Improved country
place close to either city at actual cash
value up to 12,500. Tills is surely a great
bargain and will be worth $20 per acre in
less than five years. See or write ua at
one about this.
ED JOHNSTON A CO.,
Phone Doug 1235. 1614 Farnam St
DOUGLAS CO. 120 ACRES
Ten miles west of 'South Omaha. Both
old Una and new cut-off of U. P. R. R.
touches the land; motor atopa at corner;
$126 per acre.
O'KEEFE REAL ESTATE CO.
1001 N. T. Life. Doug, or A -2151.
SEND for long list; farms M to $100 per
acre. BEM1S. Urandels Bldg.
The Best Land Bar
gains in Northeast
Nebraska
180-aore farm, extra fine level, rich blaok
soil, well Improved, telephone In house,
trail and school at corner buildings, well
of best water In -abundanoe, orchard,
grove, mill, sheds, granaries. Price, $30
per acre.
160, unimproved, adjoining, very choice,
' $22.60 per acre.
M acres cornering with No. L equally
fine, with M acres in cultivation, at $22.60
per acre.
Also the finest business corner In Nellgh,
the county seat of Antelope county. This
Is improved and will be sold far below
value, as I own all the above tracts and
am moving to the coast
L. II. SUTER, NELIGIL NEB.
WRITE me for free Information about
western Nebraska. I am not In the real
estate business, will give you facta. B. A.
Lathrop, Sidney, Neb.
GOOD LAND CHEAP.
190 acre In Kimball Co., Neb., four miles
south of Dlx, $10 per acre.
W acres, Dundy Co., $440.
440 acres In Banner Co.. Neb., R. R. con
tract. $3 15 per acre., $1,280 back, $160 each
year for eight years.
J. G. BONE, Co. Bluffs. Ia. .
112 Shugart Blk. 'Phone 814.
LAND BARGAIN.
SO aoees three miles from Benson, miles
from Omaha, cheap. Ask for description
and price.
J. H. DUMONT SON,
Phone Doug. 94). Iiu6 Farnam Mt, Omaha.
Okiakosaa.
OKLAHOMA
4M--320. ecres of upland prairie. Mack sandy
soil.iear Caney, Kan., price, $20 per acre.
47 700 acres of agricultural land In one
body; soma is leased for oil and gaa and
some Is not, located S miles southwest
of Nowata; prioe, $22 per acre.
479230 acres of extra good fkim land, lo
cated near Wann; Okl.; 200 acres of this
Is aa rich as you will find, 30 acres has
some draws In It; land raised 60 bu. of
corn and oata to the acre; 70 acres Is
leased for oil and gas and Is paying $1
- per acre advanced royalty; big bargain
at $20 per acre.
48 1.040 acres of rich valley land, all
' smooth and part of same is in a high
state of cultivation; this land ia located
wlililn three miles of Watuva, Okl., and
six miles from Nowata, Okl.; 800 acres of
It is practically In one body, and 240 acres
Is located three milos south; the land la
well worth $3 per acre; an exceptionally
good bargain at $20 per acre.
We have land In Nowata Co. In any tlse
tract you may dtsire, from r acres up, at
prices ranging from $10 to $J6 per acre.
There are 4.600 flowing-oil wells In No
wata Co. Natural gas Is sold at 2c per
I UtiO t.ibic feet. You might get an ell
ll witi. your land.
Average rainfall In Nowata county, $4
Inches per annum; average- from March
1 t October 1, 24 inchea, and distributed
junt as needed.
Good water ia found from 20 to 40 feet
Find Nowata county on your map.
The Oklahoma A Cherokee Central R. R
east and west through this county Is a
certainty. Land will probably double In
value within two years. You can't afford
to miss this opportunity. Ask Mo. Pac
ticket agent about low rates to Nowata.
Come In and ace us or write.
NOWATA LAND AND LOT CO..
- - Suite 624 N. Y. Life Bldg.
'Phone Red 1909. Omaha, Neb.
Open evenings.
REAL ESTATE LOANS
$100 TO $10,000 made promptly. F. D. WevJ,
Wead Bldg., 18ih and Farnam. (H) 814
PRIVATE money to loan. J. 11. Sherwood,
414 Brandels Bldg. 122) 814
PAYNE. B3STWICK it CO.. N. Y. Ufa.
Private money, luuk to $6,000; low rate.
$ii00 TO $204,000 on Improved property; no
delay. UARVIN BROS.. 1604 Farnam St
FIVE PER CENT MONEY
to loan on
Omaha Business Property.
1HOMAS BHENNAN.
Aovm i, Nw Ywa Life Bldg.
REAL ESTATE
FARM AND Kl.MH LAN It FOR Al.B
REAL ESTATE LOANS
Continued.)
LOWEST RATES Bemts. Brandela Bldg.
MORTGAGE LOANS.
I desire to announce to. home owners and
home builders of the cities of Omaha and
South Omaha, that 1 am prepared to loan
money on residence property at the same
rate that the building and loan associa
tions pay their depositors for the use of
the money they a. e loaning, thereby effect
ing a saving to borrowers of the expenses
of managing and maintaining building and
loan asHociations. No cominlslson Is charged
for making loans, only a nominal sum is re
quired to cover the expense of recording
mortgage and examining abstract of title.
Privilege granted borrowers to pay 10
per cent to w per cent ot the principal on
any interest date, interest payable semi
annually. .
W. H. THOMAS.
603 First National Bank Bldg.
Telephonea, Douglas 1648. Ind. A 1648.
$600 TO $6,000 on homes In Omaha. O'Keefe
Real Kstate Co.. 1001 N. X. Life. Doug,
or A-216Z. (22)-S21
MONET TO LOAN Payne Invesinent Co.
WANTED City loans and warrant W.
Farnam Smith ft Co., lXiO Farnam St.
WANTED City loans. Peters Truat Co.
SECOND MORTGAGE loana negotiated.
Apply Rooms 417-18 First Nat l Bank Bldg.
Bell Phone Douglas 2318. U3 824
REAL ESTATE WANTED
WE HAVE BUYERS for a 6-roora house, a
4-room house and a couple ot vacant lota.
NOWATA LAND AND LOT COMPANY,
Suite 24 N. Y. Life Bldg., Omaha.
Phone Red Open Evenings.
ti W6
WE have customer waiting for 4, I and
7-room houaes. If you want to sell call
us up and a man will Investigate your
property at once. Dean-Andrews Co.,
421 N. Y. Life Bldg.
STOVE REPAIRS
NEW furnaces; hot water and hot air com
bination heating, 1 and 4-hole laundry
hot wator healers, mantle grates, gaa
stoves repaired, water fronts and flower
vases. Omaha Stove Repair Works, 1206
1208 Douglaa St Phones Ind. A-3tUl, Bell
Douglas Ma. -824
VVANTED-TO BUY
BEST price paid for second-hand furniture,
carpets clothes and shoes. Tel. Doug. 1L
BEST price paid for Id-hand furniture,
stoves, clothing. " Wm. Rosenblatt Tel.
Douglas 640L (26) 2i
WK buy Joblota of shoes. Address H
Marks, 1808 No. 22d St Phone Webster
X522.
WANTED-TO RENT
WE are getting inquiries for well located
bouses. Must have sole agency. Nowata
Land ard Lot Company, suite 824 N. Y.
Life Bldg. Phone Red 1999. Omaha, Neb.
Open evenings. (24 8M
ROOM AND BOARD, gentleman, private
family; exchange references. Address K
6t3, care Bee.
WANTED SITUATIONS
YOUNG lady wants position aa bookkeeper;
thoroughly competent, best references.
Address W 661 care Bee.
SITUATION wanted aa drug clerk In
small town In Neb.; eight years experience;
registered; college graduate; good rerer
ences. Address Mell Hooper, Paola, Kan.
POSITION WANTED Sober, experienced
bartender wants position. Can furnish
best reference. Address S-66S, care Bee.
WHEN writing to advertisers, kindly men
tion The Bee.
For h'ffh grsde men, call Omaha Y- M. C. A
GOVERNMENT, NOTICES
CHIEF QUARTERMASTERS OFFICE
Omaha, Nebraska, May 16, luw Sealed
proposals. In triplicate, will be received
here and by quartermasters at the posts
named nerem, until iu a. in., central stan
dard lime, June 14, 1S-V. for furnishing oau
bran, hay and ' straw, during the period
from August 1, to September 80, 19uy.
st Omaha quartermaster depot, Forts
Crook, Omaha and Koblnson, Nebraska;
Forts Leavenworth and Rliey, Kansaa;
Forts t. A. Russell and Mackensle, Wyo
ming; Fort Des Moines, Iowa, and Fort
Meaae, aouin uaxoia. troponins (or de
livery at other places will not be enter.
talned. United States reserves the right
to reject or accept any or ail proposals oi
any part thereof. Information furnished
on application here or to quartermasters
at stations named. Envelopes containing
proposals should be marked "Proposals for
rorsge, ana aaaressea to MAJOR D. E.
MIAMI it X ClUuI quartermaster.
M 15-17-18 J 10-11-11
OFFICE CONSTRUCTINd
Hl'AKTEK
'"ort Leav-
master. U. S. MHIlnrv trim
enworih, Kansas, May 17, 14). Sealed pro
posals, in triplicate, will be received at this
ofllce until 10 a. m.,' central time, Tuesday,
June 16, -11W0, and then opened, for furnish
ing and installing machinery and furnish
ing building material for one power plant
at United Statea military ' prison, Fort
Leavenworth, Kansaa. plans and specifi
cations will be furnished by this office
upon ueiKMii ot (10. wnicb amount will be
refunded when plana and specif ioallona are
reiurnru, or iney may oe seen at the fol
lowing nrnces: Depot quartermaster.
Kii.-aua, neo. ; iepoi quartermaster, St
Louis. Mo.: DeDot Quartermaster. Nb
York City, and Chief quartermaster, Chi
cago. Information furnished ou applica
tion. a.nvelupea containing proposals
should be indorsed "Proposals for Power
Plant" and addressed to MAJOR THOMAS
n. bla ta. l oust rue 1 1 ng quartermas
ter, i . & .Military rrnon. r ort Leaven
worth Kan. Maj 17-18 l-2ujunt 12-14
GOVERNMENT NOTICES
(Continued.)
PROPOSALS FDR CAVALRT AND AR
tlllery Horse Chief Quartermaster's
Office, Omaha. Nebraska, May 12. 19"
Sealed proposals. In triplicate, will be
received at this office until 11 o'clock
m , central stnndard time, June 15, IS,
and then opened. In the presence ef attend
ing bidders, for cavalry horses; 50 artll
lery horses, for delivery st Omaha, Neb.,
or other prominent railroad points. The
animals to conform to specif Icstlon for
cavalry and artillery horses, t'nlted Btates
reserves the right to accept or reject any
or all proposals or any psrt thereof. Par
ticulars and blanks for proposals will be
furnished on application. F.nvelopes con
taining proposals to be Indorsed "Proposals
for Hor.es." snd addressed to Major D. E.
McCarthy, Chief Quartermaster.
M13-11-15-J11-12-14
O F FICE CONSTRUCTING QUARTER.
master, Fort Leavenworth, Knnsna. May
24. I. Sealed proposals, in triplicate, will
be received here until 11 a. m. central time,
June 11. 1(fc9. and then orene.l In the pres
ence of bidders, for the construction, plumb
ing, ncating, electric wiring and fixtures
of nn addition to hospital at Kort Leaven
worth, Kansna. Full Information and blank
forms of proposal furnished upon applica
tion to this office. Plans and specifica
tions may he seen here, alftn in office of
the chief quartermasters at Omaha. St.
Paul, depot quttrtennaaters st Philadelphia,
St. Loirls and Master Builders' Exchange.
Kansas Cltv. Missouri. I'nlted Rtntea re.
serves the right to rejec any or all pro
posals or any part thereof. Envelopes to
be endorsed "Proposals for an Addition to
Hospital" and addressed to- Captain Wm.
D. Davis, quartermaster.
M25-2B-27-2SJ11-13
LEGALNOTICES
Notice of Stockholders' Meetlosj.
To the stockholders of THE MISSOURI
PACIFIC RAILWAY COMPANY:
In conformity with the requirements of
the Constitutions and laws of the slates of
Missouri, K annus and Nebraska and the
by-laws of the Company. YOU ARK
HEREBY NOTIFIED that by resolution of
the Hoard of Directora of The Missouri
Pacific Railway Company duly adopted at
meeting ot said Board on the iSnh day of
May, A. D., 1JV, a meeting of the stock
holders of The Missouri Pacific Hallway
Company has been called to be held at the
office of tiie Company, Room i06 Missouri
Pacific Building, in the City ot.St. Louis.
In the State of Missouri, on the sixth day
of August, A. D. 1904, at nine o'clock In thu
forenoon,
(1) for the purpose of considering a Con
tract and Articles of Consolidation hearing
date the 29th day of May, llu., heretofore
made and entered Into by and on behalf or
The Missouri Pacific Railway Company and
the following named corporations by order
of their respective Boards of Directors:
The Kansas and Colorado Pacific Rail
way Company, a consolidated corporation
of the State of Kansas;
The Central Branch Railway Company, a
consolidated corporation of the Stale of
Kansas;
The Rooks County Railroad Company, a
corporation of the State of Kansas;
The Nevada and Minden Railway Com
pany, a ccrporatlon of the State of Mis
souri; Nevada and Minden Railway Company ot
Kansas, a corporation of the State of
Kansas;
Kansas City and Southwestern Railway
Company of Missouri, a corporation ot the
State of Missouri;
Kansas City and Southwestern Railway
Company, a corporation of the State of
Kansas;
The Fort Scott Central Railway Com
pany, a consolidated corporation of the
State of Kansas;
Kanopolis and Kansas Central Railway
Company, a corporation of ihe State of
Kansas;
The Kansas Southwestern Railway Com
pany, a corporation ot the State of Kansaa;
and .
Th LeRoy and Caney Valley Air Line
Railroad Company, a corporation of the
State of Kansas,
mhereby all or any of said corporations
and The Missouri Paoiflc Railway Company
nave agreed to consolidate In the whole,
and to consolidate the stock of the re
spective companies making such consolida
tion, and to form and make under and pur
suant to the laws of the States of Missouri,
Kansas and Nebraska, a new, consolidated
corporation, to be known aa The Missouri
Paclfio Railway Company, owning, con
trolling, possessing and bringing under one
management all and singular the lines of
railroad and other properties, real, personal
and mixed, powers, rights, privileges, im
munities and franehlses, belonging to any
of the companies making such consolida
tion, upon the terms and conditions fixed
and stated by said Contract and Articles
of Consolidation;
(2) For the purpose of voting upon the
question whether itych Contract and Ar
ticles of Consolidation, 'so made and en
tered Into, shall be ratified, assented to, ap
proved and adopted andvauch consolidation
consummated or whether such Contract
and Articles of Conarlldatlon shall be re
jected; (8) To consider and vote upon the adop
tlon of a resolution accepting the provis
ions of Article II of Chapter 12 of the Re
vised Statutes of the State of Missouri,
1K99, and to authorize the filing thereof,
all aa required by Section numbered 1069 of
such Revised Statutes In the case of con
solidation of railway corporations; and
(4) To take any other action In the pre
mises, and to transact any other business
that mav properly come before the meeting.
Such Contract and Articles of Consolida
tion will be submitted to the meeting of
the stockholders so called for examination
and every stockholder atterdlng will be fur
nished with a printed copy thereof, and at
any time before such meeting any stock
holder will be furnished with a printed copy
of such Contract and Articles of Conso
lidation upon application therefor during
business hours to the Assistant Secretary
of the Company, at the office of the Com
pany In the Cltv of St. Loula, Missouri.
Dated. May 29th, 1909.
GEORGE J. GOULD,
President of The Missouri Paclfio Railway
Company.
A. H. CALKF.
Secretary of The Missouri Pacific Railway
Company.
JitoA
NOTICE TO CONTRACTORS-SEALED
bids will be received at the Atkinson
National bank. Atkinson, Neb., up to (
o'olock p. m.. Mondsy, June 28. 1909, for
the erection of a brick school building In
Atkinson, Neb., for School District No. 21.
Holt county, Neb., according to plans snd
specifications now on file at the office
of A. H. pve Co., Architects, Fremont,
Neb. The right us reserved to reject any
and all bids. J12-1M8
DISSOLUTION NOTICE J. R. Btevensvm
has purchased the Interest of J. C. Eng
lish In the firm of J. R. Stevenson A Co.
and will continue the business under the
same name, paying all bills and collecting
all outstanding accounts. June 10, 1109.
Jlld2t
REAL ESTATE TRANSFERS
James H. Baker et al. to B. N.
Phelps. s&O ft of lot 8, block 3, Jet-
ter's add .$ 1,000
Wirt Thompson and wire to Fred
Armbrust, lot 27, lot 7, Creighton's
1st add 1
Hattie A. Cook and husband to B. F. '
Hutchins. se",4 se',4 neW. 12-18-12 1.400
Frank T. Walker and wife to Jean
ette P. Becker, s1 of lota 1 and 2,
Hillside Reserve
Jeanette P. Becker and husband to
M. Mathiesen. e44 ft. of lots 7 and 8.
block 2, Becker Frederick's add... 2,800
same to same. e4 ft of W88 ft ot
same $.400
J. R. Wells to same, w44 ft. of same.. 3,600
Oeorice L. vv humore to same, lot .
block 2, Becker & Frederick's add.... 3,500
Deborah A. r ord to Fannie it. Wake-
lev, lot II. block . A 8. Patrick's.... 2.600
H. G. Dacken and wife to Maggie
Fillenwarth, lot 6, block 16, Halcyon
Heights 2,00
Fannie Dworak and husband to Annie
Patack and husband, n4 lot 20, block
2, Morrison's add i
George A. Joslyn and wife to Child
Saving Institute, lots 1, 4, 4, 8, 10,
12 and 14. Jacobs' add 2
L. J. Nelson and wife to National
Lumber, Box and Package Co., part
lots 6, 4 and 7, block 7, McCague'a
add 6,000
J. R. Crinkling and wife to M J.
Tracy, lot 15. block 1. Richmond.... 600
Cora M. Turrell and husband to H M.
HiKgins, lot , block "H,", Shlnn's
2d add 1,000
E. F. Hralley. sheriff, to E. A. Ben
son, lot 17, block 10, BriKKs' place... 1,875
William H. Turner and wife to Mike
Geleskl, lot 28, block 1, Burlington
Center 190
William Rocheford and wife to Bessie
Levy, lot 6, Hunt's sub 5.000
Peter Weeblckt and wife to Kate Wet.
davenlcs. lot 8. block 4, St. Mary's
add
Anna C. McCague to The Land Title
Co., s4 of lots 1 and 2, block 4,
Reed's 1st add 10,000
Marie Marx to A. N. Jenaen, lot 23,
Marx'a sub 2f0
Sarah M. Pike to W. S. Frank, lot S,
Clark place
Total
RAILWAY TIME CARD
CNlOll ITATIOM IOTH AMU MASON
tslts Pacific
Leave. Arrive.
Overland Limited a t 3d am ail:4 pre
Colorado Kx press a l.SU pin a $ 00 pm
Aitantio kxirraa a t am
Oregon Kxpie-s a 4.10 pm a $ M) pm
Los Angeles Limited. ...all.oe pm a I.M pm
Fast Mall a 7.20 am a 4. 46 pro
China snd Japan Mail, a 4.V0 pm a 4 44 pm
North Platte Local a $.14 am a 4.46 pro
Colo. Chicago Special... .all:10 am a1:o6am
Beatrice A Ktrumsburg
Local bl2:40pm b J :40 pm
Valley Local (motor via
Lane Cut-Off) aIO:00 am a 1:48 pm
Valley Lotal (motor). ...a 4 pm a oo am
Hastings-Superior b 1.1 pm b 6.AI pro
Local reengare not carried on trains
Nos. 1 and 2.
t htcaao A North western.
Chicago Daylight a 7 40 am all:J6 pm
Twin City Express.
Chicago Local
Sioux City Local...
Denver-Chicago Ex.
...a i 45 am
...al2:06 pm
...a 3.45 pm
...a 5:10 pin
B10 20 pm
a 1 15 pm
all 00 am
a 8:28 pm
a 8 00 am
a 8:2 pm
Chicago Special.
..a 4:02 pm
CAllfornla-rhlcaao Ex a 4 06 rm
Minnesota-Dakota Ex.. a 7:00 pm a l:w am
Twin -City Limited a 00 pm a 7:06 am
ios Angeles Limited. ..a 9:10 pm all:35 pm
Overland Limited all .V) pm a 7:15 am
NEBRASKA AND WYOMING. DIVISION.
Norfolk-Bonesterl a 7.60 am alO.HO pm
Lincoln-Long Plrfe a 7:60 am all HO am
Norfolk-South Pla'te...b 2:15 pm b 6:20 pm
Hastlngs-Piiperlot b 2:15 pm b 6:20 pm
Deadwood-Hot Strings a 3 pm a 620 pm
Casper-Lander a 3:66 Tim alHWam
Fremont-Albion :..b 5:30 pm b liSDptn
Chlraao, Hock. lataod racial
EAST.
Leave. ' Arrive.
Rocky Mountain Ltd. ..a 3:10 am alLOi pm
Iowa local ,...8:lam a 4 30 pm
The Mountaineer a 7:42 am a 2:X am
Des Moines Local a 4 00 pm al2:10 pm
Iowa Local bl0:35 am . b :bi pm
Chicago-Eastern Ex. ...a 4:40 phi a 1;W pm
Chicago-Neb. Ltd pm a S:05 am
WEST.
The Mountaineer a 3:00 am a 7:35 am
Chicago-Neb. Limited,
(for Lincoln) .....a 3:30 am a 5.47 pm
Colo. Cal. Ex a 1:20 pm a 4 30 pm
Okla. l Texas Exp.... a 4 40 pm a 1 00 pin
Rocky Mountain Ltd..all:12 pm a 3:05 am
Illinois Ceatral
Chicago Express a 7:15 am a 1:45 pm
Chicago Limited a 4:00 pm a 7:16 am
Mlnn.-8t. Paul Exp.....b 7:16 am
Minn. -St. Paul Ltd. . . .a 6:n0 pm a 7:15 am
Omahi-Ft Dode Local. b 4:14 pm bUJO am
.Missouri t-acinc
K. C. St L. Exp a :00 am a 7:00 am
K. C. St L. Kxp all:16 pm a 6:50 pin
Chicago Great Western-
fit. Paul-Minneapolis 1:30 pro 4:15 am
St. Paul-Minneapolis 7:30 am 20 pm
Chicago Limited av pm :u am
Wabash
St. Louis Express
St. Louis Local (from
Council Bluffs)
8lanberry Local (from
Council Bluffs)
.a 4.30 pm a t:2S am
.a 8 09 am all:15 pm
.b 6:00 pm bl0;16 am
Calcaao, UUwaskts 8t. Pant
Chicago & Colo. Spec. a 7:35 am all:40 pm
Cal He Ore. Express.. .. a 8:00 pm a 3:26 pm
Overland Limited aU.4o pm a 7.15 am
Perry Local b 6:16 pm bll:65 am
WEBSTER 8TA. 161'H WEBSTER
Chtcaa-o, St. Paul, Minneapolis
Arrive.
Town City Passenger.. b .3u am b fco pm
Sioux City Passenger... b 2:00 pru bll 66 am
Sioux City Local c 8:46 am c 8:20 pm
Emerson LocjI b 6:66 pm b 8:W am
Missouri Paclfio
Auburn Local b 1:60 pm bll:30 am
a Dally, b Dally except Sunday, o Sun
day only, d Daily exoept Saturday.
BURLINGTON ITA-IOTH A MASON
Bcrllna-ton
Denver California.,
Puget Sound Exp....
Black, Hills
Northwest Exp
Nebraska poii.ts .....
Lincoln Fast Mall...,
Nebraska Express ...
Lincoln Local
Lincoln Local
Bchuyler-Plattsmouth
Plattsmouth-Iowa ...
Bellevue-Plattsmouth
Colorado IJmited ..
Chicago Limited
Chicago Express
Chicago Flyer
Iowa Local ,
St. Louis Express...
' Leave. Arrive.
...a 4:10 pm a 3:46 pm
... 4:10 pm a 6:lo pin
...a 4:10 pm a 6:10 pm
,..all:6u jjit, a 7.06 am
...a 8:45 am a 8:10 pm
...b 1:20 pm a!2:lipiu
...a 9:16 am a 6:10 pm
b 8:08 am
...a 7:26 pm a 7:60 pm
..b 8:06 pm b 10 :20 am
...a 9:1 am a t:6 am
..al2 :80 pm a 4:56 pm
...all:50 pm a 7:06 am
...a 7:25 am all :65 pm
...a 4:20 pm a 8:55 pm
...a 4:30 pm a 8:30 am
...a 9:16 am - all:S0 am
a 4:40 pm all 80 am
Kansas City &. St. Joe. .al0:45 pm a 6:30 am
Kansaa City A St. Joe.. a 9:15am a 6:10 pro
Kansss City & si. joe..a :u pm
Flow York to Havro-Parlo 6 Days
FRENCH LINE
Comp&jjnie Glner&le
Transatlaniique
Glfc-anflo Twin Soraw and Exproit Ittamer.
Naval officers in command wireless telegraphy,
submarine safety bell signal system.
La Carols Jans 17L Itvola Jnlr 8
La Lorraine Juna 24! L Touralno Juiy IS
La Provanee July 11 La Britain July 21
Spoolal One-Class Cabin Servloo (TI class)
$40 to MO slternste Saturdays.
$taw York-Bo seaux Servloo (one class cabin)
only $40 and $S0.
O P. Watt 141 Parnam Rtroat
H. . Mooras 101 Parnam Strati
L Naaaa lit National Baak
W. E. Bock 1614 Parnam Itraat
W. O. DsvldaoB 84 Soul lit SU-..I
SCANDINAVIAN AMERICAN UNI
14lSW Tea Twto-lcrsw Paaaangar Steamers
' Direct te
Norway. Sweden and Denmark
Unllad Btates ... Juna ). Oaear II July I
C. r. Tllen...Juna !7lunit4 States Jul? 21
HtlltC Olav Jona 1410. P. Tlan July 28
All Steamer Xa,alpped With Wireless
First cabin. Vi uiolu. aecunS seMo. tolas,
A. B. JOHNSON CO., 11 K. KlaM at., Ckleaas.
I1L er te Local Agaats.
WE'LL HAVE YEARS TO BURN
Bostoa Maa Gives Heclpe for Pot
ting: Funeral Directors la
Iloboland.
Dr. John Fair, head of Boston'a newest
cult, tho "New Life," Is -certain that . he
has discovered the secret of how to laugh
at old age, and how to exist pot . only for
100 but for 1,000 years without pain, evil,:
or sickness. He says 250,000 people have1
enlisted under his banner1. Here are"hls
rules for living to be 1,000 years old:'
"Always dress In white.. White Is the
prime -principle of life. I believe there
should be a universal taw making it a
crime for any peraon to go attired In black
or dark apparel. ,
"Do not think of death, do not believe
In death.
"LJve principally upon vegetables and
nuts. Adjure meat, milk, oil and flesh of
all kinds, as well as all stimulants.
"Sleep eight hours dully, exercise eight
hours and work eight hours.
"A man'a moat critical hour In the day
Is the thirty minutes before and after
meals. He should absolutely stop work a
half hour before each meal and must not
resume work until a half hour after each
meal.
"Each peraon should be alone for a half
hour each day, not necessarily to sleep,
but to get his mind In a condition of
ratural and perfect repose.
"Bleep with your bed room window open
every night all your lifetime. Always
have a draft In your room.
"A daily menu I would suggest would
be as follows:
"Breakfast Honey, toast, rarely coffee.
and at long Intervals an egg.
"Dinner A bowl of. soup made from
guts or celery or potatoea, preferably
nuta; an apple or an orange, with, for
variety, lettuce or radishes; brown bread
"Supper Apple pie, fruit.
"I offer -to every one who accepts my
faith not 100 or 200, but even 1.000 more
years ot life If It Is desired." Boston
Globe.
Quick Action for Tour Money Tou get
thai by using Tb Bse advertising columns
SUPREME COURT SYLLABI
Royer against Slate. Error. Cheyenne.
Aftirmrd. K.x.t. J.
t If the court, In Its Instructions, pur
ports to copv a section of the criminal
code, the question should lie correct ; hirt
if (Mis word only of the statute is omitted,
and the court In other Instructlone makes a
correct concrete application of the law to
the lacla In the case, and It Is apparent
thiit ihe Jury could not have been misled
by the omission referred to. the error la
without prejudulce.
2. If. in a case of homicide, the court In
structs the Jury to consider whether
defendant "struck the fatil blow unlaw
fully." the adjective "fatal" precludes the
Idea that the Jury are to consider merely
the blow and not It consequence.
1 If a defendant In a homicide case
testifies and doea not state that he ap
prehended any serious Injury from the de
ceased, It Is not error for the court to re
fuse to Instruct that apprehension of such
Injury need not be well founded In fact,
to Justify one assailed or threatened In
acting upon appenrances. If all of the
facts and circumstances produced a reason
able apprehension In defendant's mind of
serious bodily Injury from the deceased.
Nir will this court In that stHte cVf the rec
ord, scruXintx closely Instructions submit
ting the law of self-defense to the Jury.
It Is not error to refuse an Instruction
whe.ro- the proposition of law therein con
tained Js .substantially covered in an In
struction given by the court on Its own
motion., , ,
State ex rel Oldham against Dean.
Original. Relation dismissed. Judgment
In favor, of respondent. Reese, C. J. Rose,
and Dean, J. J.,, not sitting.
1. Section 4 of the act of 1877 (session
lawa 1S77. page !l4H whlle In force, con
sidered In connection with section 4, article
v of tHe constitution, required the canvass
of the vote of the people upon the ques
tion of the adoption of proposed amend
ments of the constitution to be made by
the speaker of the house of representatives
in the presence of a majority of each house
Of the legislsture. who were required to
assemble) In the hall of the house of repre
sentatives for that purpose. .
2. Section 4, article v of the constitution,
requires the returns of every election for
officers of the executive depaartment of
the state to be sealed up and transmitted
by the returning officers to the secretary
of stste, directed to the speaker of the
houan of representatives. Section, 4, chap
ter ill, compiled statutes OH07). requires the
returns of an election upon proposed con
stitutional iimendments to be made to the
board of state canvassers, directed to the
secretary of state.
8. There being no specific provision for
the canvassing of the returns of election
on constitutional, amendments and no pro
vision for such returns to be transmitted
to or lodged elsewhere than with the board
of state canvassers, held, it was the duty
of said hoard to canvass the returns. .
4. "The enrollment, authentication and
approval of an act of the legislature are
prima ficle evidence of Its duo enactment."
Stale ex rel against Frank, 60 Nebraska
327, 83 Northwestern 74.
6. "The silence of the legislative Journals
Is not conclusive evidence of the nonexist
ence of A fact, which ought to be recorded
therein, reaanVng the enactment of a law."
8. Act of April 5 .IRflfi, (session laws 18(,
chapter Iv), held to have been legally en
acted and "not Invalidated because of sil
ence of senate Journal as to concurrency
In a formal amendment by the house."
State ex rel against ("1tv of Wahoo. 2
Nebraska. 40, 88 Northwestern 93. SiM
act repealed section 4 of the act of 1877,
supra, and placed the duty of canvassing
tha vote on oonBtltutlonal amendments
which act was In turn amended and re
wlth the board of atate canvassers, and
pealed by the act of 1S97 (session laws 1897,
chapter v).
7. The canvassing of an election for ex
ecutive atate officers Imposed upon the
speaker of the house or representatives Is a
duty especially enjoined upon him resulting
from Ills office as such speaker, and Is a
ministerial duty to- be performed by him in
the preannce of a majority ot the members
of each house. When such votes are duly
canvassed by him his duties are at an end.
8. The law does not permit the returna
of election on proposed constitutional
amendments to be removed from the office
of the secretary of state and does not con
fer upon the speaker of the house any
authority or power to canvass such re
turns. 9. A Joint meeting of a majority of the
niembeia of each house to witness the
canvass of votes by the speaker of the
house possesses no legislative authority and
can not . create or Impose duties or obli
gations upon executive state officers where
none existed before, nor can It canvass
election returns or declare the result
State ex rel Sullivan v. Roes. Appeal,
Dakota. Appeal dlsrriased al cpsts of 'ap
pellant. Per Curiam.
Bothnll v. Soliweltser. Appoa.1. Lancas
ter. Affirmed. Root. J. .
1. A written agreement atodlfflng the
terms of an accepted bill of exchange and
securely glued thereto, Is a -part thereof
and cannot be lawfully detached there
from without the maker's consent.
' 2. If such contract be unlawfully de
tached from the note, an Innocent holder
of the bill In due course may, under sec
tion N9, Cobbey a Annotated Statutes, re
cover according to the Import of the en-
lire contract, but no further.
Leslur v. Slpherd. Appeal, Sarpy. Re
versed and remanded with directions.
Dean, J.
1. The county court has Jurisdiction to
construe a will for the purpose of Hdvl.-t-
ing an executor in the execution of his
office under the terms pf the will.
i. In the coiiRtri'cUon of a will the In
tentlon of the testator as disclosed by tha
language used incrcln, considered In con
nectlon with surrounding circumstances
will govern, provided In so doing no rule
or law is violated or sound pulley dis
turbed.
8. . A will contained the following pro
visions: "2d. I give, devise and beaueath
to Tny beloved wife. Harmony C. Sloherd.
an oi my real estate ana personal prop
erty of whatever kind and nature, to be
used by her fully during her lifetime, and
at her death the remainder is to be di
vided, equally, share and share alike
among my three daughters, Mary Jane
Hagedorn, Frankle H. Slpherd and Oer
trude May Slpherd. 3rd. It Is my request
and 1 uereny direct my wire, Harmony C
bipnern, tnat in case either pf my daugh
ters, Frankie H. Slpherd or CJertrude May
Slpherd, should get married, my said wife
is to give each of them the sum of five
hundred ($500.00) dollars; cash aa a dowry.
the same to be taken out of any money In
her hands belonging to the estate. This
amount Is not to be charged to them, but
Is a donation from their father." Held,
the will does not create a trust estate and
that the widow takes all of the testator's
property without restriction and that such
property as remains at her death vests In
Mary Jane Hagedorn, Frankle H. Slpherd
and Gertrude May Slpherd, share and
hare alike.
Morrison v. Oosnell. Appeal, Harlan, Af
firmed. Root, J.
1. The owner of a farm orally agreed to
Convey tp a broken ten acres of land If
he would secure a purchaser for the prin
cipal's fafm. The broker fully compiled
witn tnis contrsct and was given posset
slop qf said ten seres., but the vendor re.
fused . to .execute s, deed therefor. Held
that a court of equity would quiet the
broker s title to said land.
1. It, while the broker Is thus In pes
session, the principal sells and conveys
the real estata to a third person, who has
actual ' knowledge that the broker claims
an Interest therein, the last vendee will
take title charged with all equities exist
ing In the broker's favor.
Barker v. Hume. Appeal. Douglas. Af-
rirmea. names, J.
1. A county treasurer cannot make
valid public or private sale of real estate
for the non-payment of delinquent taxes
due thereon, unless In such sale are In
cluded all taxes with Interest and coats
then delinquent against Mrh real estate.
Adams v. urgood, 42 r.eb. 451. .
t. A sale of real estate for delinquent
taxes Tor less man the amount of-taxes
Interest and costs due thereon. Is not
sale of the land. It Is only a sale of the
taxes and Its only effect Is to transfer the
Hen of the county to the purchaser, who
may enforce his Hen by proper foreclosure
proceedings.
8. Where the purchaser at a void admin
Istratlve sale of real estate for taxes
brings an action to foreclose the tax Hen
and obtalna a decree under which the land
la sold, the sale so made Is a Judicial sle
and does not become flnsl and co:,iplete
until confirmation thereof by toe court.
In auch a case the two years given the
owner to redeem dates from such con
firmation, and aa action to redeem may
te brought at any time within said period.
American Freehold Land Mortgage com
pany against Smith. Appeal, Custer county.
Affirmed. Bsrnes. J.
1. ITpon proceedings to revive a dormant
Judgment which is vslld upon the fact of
the record, .no objections will he heard
which aeek to go behind the original Judg
ment. .1 On an appeal to a reviewing court from
an order reviving a dormant Judgment
where nvlthrr the transcript nor the bill of
exceptions contain the pleadings In the
case In which the Judgment sought to be
reviewed was rendered, It will be presumed
that they were sufficient to sustain the
original Judgment, and a defense of cover
ture Interposed for the first time In the
revivor proceedings cannot he considered.
8. Where on the trial of an application to
revive a dormant Judgment, the proceed-
ng has been treated by the parties and the
action tiled as th.nish the matters oi de
fense were properly put in Issue by a re
ply it will be treated by a reviewing court.
Chacpel BKalnet ljncater countv. Ap
peal, lancaster count t. Affirmed limn. J.
1. A statute should he construed "In the
light of all general Is ws noun the same sub
ject in force at the time ef Us enactment "
2. The fees ef a Juror called to serve as
Such In an Insanity Inquest In pursuance nf
the provisions of sections 4.S4. KM and 8..J
of the criminal code, must be paid by the
county In which the penitentiary Is located.
Pucha attnlnst Hnrecher. Appeal Colfax
County. Afirnied. Humes, J.
1. In civil actions for libel the court usu
ally decides whether the words are obiec-
lonable. per se. but where they are am-
ghluous, or are susceptible to two Interpre
tations, and mere is any reasonable dount
as to their true construction. It Is for the
Jury to say what meaning such words
would have fairly conveyed to their minds.
1. Where an answer la not attached either
by niotton or demurrer, but Is treated by
the plaintiff as sufficient, and a trial is
had without objection on the issues raised
thereby It cannot be successfully attacked
for the first time on appeal to the' supreme
court.
1 Evidence examined and found sufficient
to sustain the Judgment of . the .district
court.
Powers against HoehuslftV. Appeal," But
t. Affirmed. Good. C. commissioners'
division
L A ftnelng of the .district court beed
on ronfllf ting evllence In a, law; action will
not be disturbed on hpponl unless' such
finding la mAnlfeeHly wrong.
I." A rrr.kers contract for ttio sal of land
Is not void for uncertainty of deaoriotlon If
the contract' contains d'a from which,, the)
land may be identified and ascertained with
certainty. . . , s , .,
S. Where a party arlvea a reason for his
onndoet and decision touohlng anything 'In-
vmveu in a controversy, ne rannor arter
litigation has beerun change his' ground and
put his conduct upon another nnd different
consideration. He Is not permitted thus to
Kineim ins noui.
Rohlff against Trice. Appeal; Boyd. Re
versed and remanded. Epperson, C. com
missioners division..
1. In an action to recover the prleei of
liquor sold tinder a contract, the plaintiff
need not allege that he Is a licensed
liquor denier.
Radii against Sawyer. Appeial. siallne.
Affirmed. Epperson, C, commissioners
division.
1. Error committed 1n the rendition of a
Judgment of the district court In reversing
the Judgment of a Justice of the peavce in
error proceedings, will not be reviewed on
appeal to this court from the Judgment of
the district court rendered upon a trial of
the merits.
2, A party who challenges the Jurisdic
tion of the district court In proceeding In
error from a Justice of the pence, and suf
fers an adverse Judgment., cannot collater
ally attack such Judgment.
J. 11. Teasdale Commission company
against Keckler. Appeal from Cass. Re
versed and remanded. Duffle, C. Commis
sioners' division.
1. The defendant. resident of Manlev.
sold l.oPO bushels of corn to the plaintiff,
the sale being made through a broker re
siding In Omaha, communication being had
between them hy telephone. On the next
day the broker wrote the defendant sttt-
Ing the terms of the sale, and that con
firmation thereof would he received bv the
defendant from the plaintiff. Plaintiff
wrote the defendant from St. IOuls, where
It was located and where the corn was i t
he delivered, confirming the same snd stat
ing fully the terms thereof. This letter
was headed In bold type as follows: "Re
port Immediately, any errors In this con
firmation. Pererdant nlil not reply 'o
either of these letters, but on a later dnl"
shipped one car of corn upon the contract,
but failed and refused to ship the re
mainder. In an action brought by the plaintiff to
recover the damage suffered from a fnllure
to deliver all the com. the defendant al
leged as one ground of defense, that his
contract to furnish the corn was condi
tioned on his ability to get cars to make
the shipment, and that cars could not be
procured. He also pleaded the statute nf
frauds as a defense. Held, rirst. mnt me
agreement was token out of the statute
of frauds by shipping part of the corn.
Hi. second, that If the Plaintiff s letter
of confirmation did not properly state the
terms of th sale, It was the duty of the
defendant to observe the direction of the
letter and report any error therein relating
to the terms of the agreement, and thiit
the rule that he who Is silent when It la
his duty to speak shall not he heard when
he should be silent should be applied.
Jones against Vnlon Pacific Railway
company. Appeal from IKiugias. Ke-
versad In part, affirmed in part, mime, c
Commissioners' division.
1. If process In an action Is served upon
a person really Intended to be sued, though
a wrong name la given mm in me sum
mona and return, and he suffers default, oi
after appearing omits to plead the mis
noT.ier, and Judgment la taken against him,
he Is concluded mereny, ana in an ruiure
litigation he may be connected with tb I
ult or Judgment by proper averments.
2. One who seeks to enjoin me enrorc
inent of a Judgment against his property
upon the ground that It wss entered agalnut
a person bearing another name, must aver
and show that he was not me party sufo
snd served with process In the action t'l
which the Judgment was rendered.
fi. The head of a family having neitnei
.unda tnwrv lots or houses, which are ex
empt under the lews of the) state, mav
claim all of the wages due him as part of
the JfiCO In personal property exempt to him
under section 621 of our civil code.
Ress against Shepherd. Appeal. Lan
caster. Reversed and remanded. . Root, J
' 1. The unlawful carnal knowledge or a
feeble minded or Insane woman by an adult
male peraon, constitutes a felony If the man
has knowledge of the mental, condition of
the woman. . If by virtue of such criminal
Intimacy the woman becomes pregnant
and a suit In filiation Is Instituted, neither
the county attorney nor his deputy is en
titled to receive a fee tor repres.nlng the
woman therein, and the good faith of the
attorney will not Justify he guardian of
the woman In paying such fee.
Branson against Branaon. Appeal, Lan
caster. Reversed and remanded. Dean, J.,
Reese. C. J., not sitting.
1. Where partition proceedings are not
amicable the fos of defendants' counsel
are not taxable as costs.
2. The power to sward and tax coats In
legal proceedings being unknown at com
mon law. statutes providing therefor are
to be strictly construed.
S. In partition proceeding where fees of
defendants' counsel have been allowed as
costs In the form of a Judgment a motion
for a new trial and not a motion to retax
roste Is the proper procedure to obtain a
review of such allowance In this court.
Criteg against Modern Woodmen of
America. Appeal, Merrick. On rehearing,
former opinion adhered to. ltton, J.
. 1. A party taking a deposition may offer
In evldende and read the cross-examination
of witnesses examined by him In chief and
may use exhibits produced by the witnesses
and Identified upon cross-examination.
2. A fraternal beneficiary aaaoclatlon
filed In the office of the auditor of state
Its original constitution an by-laws In
printed form properly cerUfled snd fter
each biennial meeting of Its head, organisa
tion filed copies of the same'aa amended.
The printed hooka were dlvlfleil lnt-o-chap-ters
and sections and so indexed as too be
easy of reference and comparison. Held A
substantial compliance with the statute.
Nelson against city of Omarua. Appeal,
Douglaa. Affirmed. Good, c., commis
sioners' division.
1. A meeting of a city oouqcll held on
a day other t nan 'that fixed tor Its regular
meetings, although no call for a special
meeting has been made, Is a valid special
meeting If all the members of the council
are present and consent tp such meetings.
I. Sections 8107 and 810H, Annotated
Statues, 1S3, (Sections 10S and liO of the
South Omaha charter for llsil) construed
and held to authorize the city council of
aaid city to suspend the rules requiring
ordinances to be read on three different
days.
t When an ordinance of a city has been
read at three meetings of the city council
held on three different days and the second
reading was by title only, and when all
members of the council were present and
voted for the secend reading of the ordi
nance by Ha title only, auch action Is equiv
alent to a suspension of the rules and ia A
sufficient compliance with the statute re
aulrlng ordinance to be read In full on
three Uliit.-nt days unless auch reading is
dispensed with by a two-thirds vcte ot all
members of the council.
4. Section 81.19, Annotated Statutes, lftffl,
(Subdivision J of section lai at the South
Omaha Charier for 1WW) examined and
held not to require thu passage of an or
dinance for the ordering of paving and
curbing.
6. Section HI 59. Annotated Statutes, lr3.
(Subdivision 3, Chapter IMS pf the South
Omaha Charter foi 1Su3j examined and
held not to require the service of notice
upon property owners to designate material
to be us,'d for paving and curbing.
f. The action of a city council In ap
proving two or nr.ure sets of plan and
specifications in riie motion, while Irreg
ular, la not void.
8. Section 15l, Annotated Statutes
authorlit-a the rlty council of South
Omaha to Issue bords to pay for paving
and curbing and to levy a special tax on
the properly specially benefited by the
Improvement to reimburse Itself.