THE OMAHA SUNDAY BEE: JULY 13. 1000.
EDWARD nAYDEN IS DEAD
One of West's Biggest Ifferchanti Diet
of General Breakdown.
WEAK HEART TROUBLE CENTO,
Bar la Irflaao, Ha Can ta Asaes
Ira mn with nil Brotaera
WorWI 1IU Way to Bant
vat
Edward Harden of tha firm of Haydan
BroH. died Saturday mornlns.
He bad been erUleally with diabetes,
a weak heart and a general breakdown
for several weeks, but It was only a few
days ago that tha Illness took an alarm
ing turn. After lingering between life and
death for little mora than a day, ha ex
pired at lila home. M Cass strest. at
o'clock.
He waa n years old and had bean In
bulnes In thin city for twenty-two year
He leaves a wife and two daughters. Mn.
Adolph Btors and Miss Ophelia Hayden.
His mother and four brothers and three
slater also survive him. They are Joseph
anil William Hayden of Omaha, James
Haydrn of Virginia and Lawrsnoe Hayden
of Grand Island, Miss Sadie Hayden, Mrs.
Thomas Klynn and Mrs. Mary Sweeney
of omaha. William Hayden Is In poor
health.
Horn near HubMn. Ireland, he cams to
America with 1,1a parents while a lad.
They nettled at Columbus, Wis., and Ed
asrd Hayden first engaged In business
theie, going later to Chlcaga and then
lartldpatlng In ne operation of stores
at two points In Minnesota, at rierre, 8.
l and at tlrand Island, Neb., before
coming to On.aha
Father Was a Merchant.
III. fathpr waa tha orlslnal merchant Of
the family, the four sons being taken Into
partnership as they became of ago. It
wax after all four had become partners
that the family moved to Chicago and Ed
ward Hal den became manager of the store
there. lie married Miss Mary Moran In
Chicago In 1H.
Old-time freighting of goods across the
prairies was Indulged In by the Hayden
for their store at Flerrs, 8. t., as the rail
road (acllltles when the store there was
first operated were meager.
He had been the leading factor In the
local buHtnetiH since it was established, and
was aleo president of the Haydan bank,
now the Corn Kxchange bank.
He belonged to the clubs of the city, was
a life member of the Klks lodge and a
will have charge of the funeral. He was
a communicant of St. John's Cathollo
church. Twenty-fifth and California streets.
The funeral will take place there Monday
morning at o'clock under direction of the
Knights of Columbus.
Interment will be ln the family lot In
Holy Srpulcher cemetery.
i)i:t;i' STIDK.XT, Gi:.L:uotis MAN
Looked to Bottom of All Matters and
Clave Liberally.
Possessed of sound business sagacity,
keen insight Into human nature and ex
isting conditions, a seemingly prophetic
gift which enabled forecasting future con
ditions and preparing In advance for them,
an Insatiable desire for knowledge In all
lines, v lilch continued almost to the day of
,lali, and, lastly, of an exceedingly benefl
c nt nature such a man waa Edward Hay
den. u.t.rr members of the firm give Edward
Ilai.rn the oredlt for the large share of
MuceMi met by the firm In this and other
cUWs '.-lure branch houses were main
tained, and they say he was forever look
Intf ahead of his day and preparing to
cope with new conditions not yet arisen,
but which he knew would, and later did,
arise. He was a doep student In all lines
ami wanted to know the "why" about
everything. As regards his benefactions
no one knows how much he gave away
and members of the family say they doubt
If Edward Hayden knew himself how
much he had given to charity. He believed
explicitly in the scripture Injunction, "Let
not your right hand know what your left
hand dostb."
Mr. Hayden, a devout .Catholic, was es
pecially Interested In the Home of the
Good Shepherd and gave upward of $70,000
to that Institution. Shortly before hi
death he gave $2,000 to the building fund
of the St. Cecilia cathedral and from time
to time. gave large sums to the St. James
Orphanage, the Child Saving Institute, tho
Creche, various hospitals and numerous
charitable organizations. He was a mem
ber of the Elks and the Knights of Colum
bus and they never made a call on him
for aid for some worthy cause but what
they received It. Rev, C, W. Savldge said
that Mr. Hayden was his strongest backer.
though Mr. Hayden was a Cathollo and
jlr, gavldgi Is a Protestant, and Mr. Bav-
Idge distributed In charities what he terms
as an untold sum of Hayden money.
Oae of Edward Hayden's closest friends
In Omaha Is Prof. C F. Crowley, city
chemist, and he says that the leading de
sire of Mr. Hayden seemed to be to set a
good example to his children and to Instill
In them a spirit of philanthropy. The
father ga-ve liberally and encouraged the
children to do the same, and many a time
have the children loaded a wagon with
IIOMI3 TESTING
A Bare and Basy Test on Ooffee,
To decide the all Important question
f coffee, whether or not it is really the
hidden cause of physical alls and ap
preaching fixed dlaease, ona should make
' test of 14 days by leaving oft ooffee
entirely and using well-made Postum.
If relief follows you. may know "to a
certainty that coffee baa been your vic
ious enemy. Of course you can take It
back to your heart again, If you like to
keep sick.
A lady says: "I bad suffered with
stomach trouble, nervousness and ter
rible sick headaches ever since I was a
little child, for my people were always
great coffee drinkers and let us children
have all we wanted, i got so I thought
I could not live without coffee but I
would not acknowledge that it caused
my suffering.
Then I read so many articles about
Postum that X decided to give it a fair
trial. I had not used It two weeks In
place of coffee until I began to feel like
a different person. The headaches and
nervousness disappeared and whereas
used to be sick two or three daya eut of
a week while drinking coffee I am bow
well and strong and sturdy seven daya a
week, thanka to Postum.
"I had been astng Postum three months
and had never been sick a day when
thought I would experiment and see If It
really was coffee that caused the trouble.
mo I began to drink coffee again and in
aide of a week I had a sick spell. I was
o 111 I was soon convinced that coffee
was the causa of all my misery, and
went back to postum with the result that
I was soon well and strong again and
determined to stick to Postum and leave
coffee alone la tha future.'
Read the little book. Ths Road to
Wellvllle," In pkgs. "There's a Reason.
X(ti read tae above letter A new en
appears from tliss te time. They are
waaiae. true aad JoU ef hamaa latexes t.
vegetables and driven through the poorer
seniors of the city dlxtrlbnting to the
worthy.
"Edward Hsyden never told his most
ntlmate friends what he gave away," said
Prof. Crowley, "and an I know of his
benefactions Is what I have found out
from my own observation and from, an
occasionally dropped remark from him.
"Mr. Hayden waa one of the greatest
students I ever knew," continued Prof.
Crowley. "He not only studied the dead
languages, but studied modern languages
and wanted to know all about Esperanto.
His library Is filled with books of the
highest literature, of science and art, and
he was never afraid to tackle astronomy,
chemistry or physics. Lately he was ex
ceedingly Interested In the metric system,
due, I think, to the Importers changing
from the yard or gallon system of measur
ing to the meter system, and Mr. Hayden
wanted to know all about It. He would
Import some Dresden china or Turkish
draperies and 'the first thing he would
want to know would, be how the goods
were made.
"Study waa Mr. Hayden's form of recrea
tion. He waa In the store all day and then
In the evening he would telephone me to
come over and smoke a good cigar. And
then we would spend the evening In work-
ng some algebraic problem or Ip analysing
some, drug, or In finding out Just how
something was made.
"Edward Hayden was surely one of
Clod's nobleman," concluded Prof. Crowley,
'and It would be Impossible to say any
thing too good about htm."
Sturgess General
Manager of Corn
Show This Year
Elected by Directors of the National
Exposition to Succeed J.
Wilkes Jones.
T. P. Stnrgess has been elected general
manager of the National Corn exposition
at a meeting of the directors to fill the
vacancy created by the resignation of J.
Wilkes Jones. Mr. Sturgess, who has been
secretary of the exposition, was chosen by
unanimous Vote. W. O. Paisley will con
tinue as assistant general manager.
Since the resignation of J. Wilkes Jones
the affairs of the exposition have been In
charge of Mr. Palsely and Mr. Sturgess
under the direction of the board.
The general managership has been left
open as long as conditions have permitted.
but the work has now assumed such pro
portions that more help In the operating
end became imperative. Mr. Sturgess
played an Important role In the successful
conduct of the exposition last year and
his knowledge of the situation made him
the most available man for the place.
The "Corn Show Mermaid" was also re
elected at the meeting of the directors
Friday evening. Though many designs had
been submitted for posters, catalogue cov
ers and "official trade-marks" the corn
how girl found an affinity In every mem
ber of the board and her election to adorn
the advertising of the exposition for the
coining year was unanimous. She will be
presented with a new dress and her coiffure
will be adjusted to suit changing styles.
The girl will be known as "the Corn Show
Maid," the directors eliminating the sea
part of the name.
College Men
Good Farm H ands
Kansas Employer Declares Them Best
He Can Get for work in
Fields.
According to O. H. Gh?r of Hiawatha.
Kan., college students make the best men
for work on the farms during the summet
months that the Kansas farmer can get.
Mr. Qher owns a large farm In that
state, and has had considerable experience
with student help.
"For three years I have employed from
six to eight university students to work
on my farm," said Mr. Oher, "and I find
them to be the best men I can get. I
have Used them In harvesting wheat and
in doing other work around the farm.
"This summer I have two students from
Kansas university, ons from Missouri, and
one from Iowa. One of my neighbors has
three, eastern college men. Two of them
are from Tale, I think.
"These young men make fine farm hands
for the summer months because they want
to make as much money as they can, and
do not want to spend any of It. Conse
quently they are always on the Job every
day that they- are with us, doing their
work In fine style.
'I have found the college men such good
hands that I pay them more money than
I do most of my other workmen. This is
the case with many other farmers, too.
They alt agree that university men will do
better work, and they give them better
wages than the other fellows.
Jack Johnson
Gets a Licking
Hotel Champion is Walloped by the
Night Clerk in Real Jef.
fries Style.
The Millard hotel has or rather had Its
Jack Johnson. His name is William White
and he stands six feet In his stocking feet.
weighing Ut pounds.
Until Friday night, though, nobody knew
that White was Jack Johnson. That even
ing he stepped Into the ring with August
Kraska, night cierk at the Millard, and
made him look like Tommy Burns for one
minute; then Kraska, taking but nine
counts, got up and, gave the black artist
an Imitation of the way Jeffries Is going
to make Johnson take to the hard floor if
they meet.
The trouble between Kraska and White
came on as a result of White's charging
a gueet (0 cents for a quarter's worth of
cigars.
HOPPER WILL CASE ENDED
Jaaae Kennedy Affirms Baling: at
Csnntr fonrt with Rit to
Deeds of Testator.
The decision of Judge Leslie on the
Hopper will rase. In which he declared that
the deeds which William. Hopper attached
to his will were properly a part of it, has
been eonfirmed by Judge Kennedy In the
district court and the will Is admitted to
probate under that condition.
Mr. Hopper's death occurred In August.
lOOt, and he left as a part of the will dla
posing of his large property seven war
ranty deeds which gave lands to some of
his leaser belra These heirs were not men
Honed In the will and the executor, Daniel
Q. Hopper, protested against their validity.
The county court held that they entitled
the heirs to a share In the estate, whether
they were mentioned In the will or not,
and the property under Judge Kennedy's
upholding of this decision will have to be
divided pu that baaia.
AT ASCOT ON GOLD CUP DAY
Picturesque Scenes on a Famous Eng
lish Race Course.
WHEN ROYALTY 13 RACING
Arrival of King aad ItoyaJ Parly
All Sorts of People on Heath
Fine Gowns on the
Lawn.
tljnnV Tnlv H19-RO la mil mn.
rnent at Ascot. It Is the moment that pre
cedes the annearanrHi nf PAvaltv The rovai
party Is scheduled on the official programs
10 appear at 1, ana punctuality Demg
in the minds of the thousands of spectators
mat ine aeiay win De oriei, it mere is any.
TMa fcalla la aHnwf. Kv a hitrrlaA flllln
of the seats on the stands and In the chairs
and boxes of the enclosures marked ort.
aa an lm.riian t.ntplMI It for tlia half
sovereigns, whole sovereigns and the real
sovereign, the last or royal enclosure desig
nated by the colors and Its situation near
the Judge's stand tha finish of the cir
cular course of two miles and a half.
"ft nra.roa ttiav'll kMrn IIS VraJtlnS." SSyS
n American girl to a young Englishman
wth a squat cap and. a squat pipe who has
Just announced that he has come up on
an excursion from Dover and It hasn't cost
him a blooming penny more than she was
forced to pay to come from London, as
one railroad has the monopoly and charges
U for a distance of twenty-eight miles first
class. He also explains that Ascot is crown
nmuriT that the Kin Is present on every
one of the five Ascot race days nd that on
two days he Is accompanied by tne wueen
and the royal party. This is one of the
t.. tha famous Qold Cup day.
Another loyal subject leans forward and
answers the girl's ejaculation:
"He's sure to be on time. Miss, he al
. ia. He's a lolly good sort and we're
awfully fond of blm. you know. He's a
fine sport, all right."
How the Klnsc Cornea.
.. nnA mnrt la cnmlnc from Wind
sor; where he stays during Ascot week. It
Is some five miles away, througn a wm...
ful English country, the hedges with an
aftermath .of hawthorn, the meaao-.
flecked with daisies and primroses ana in.
nn lnwns. that living green
of Scriptural description. It takes the eight
Windsor landaus witn lour uy w
hnnr to make the die-
tance, and prompt to the second there Is
sighted a cloud 01 ausi im.
. " -a i.. .nil o&. A murmur
ripples along the enclomires tha heath and
paddock, a murmur wnicn
comes a roar of greeting. ,M.. in
u.... o ivM picture of outriders In
X UU li-sa - W.
brilliant liveries, postilions, and on the
high seats of the landaus equerries scintil
lating as the sun strikes their gold trim-
t .h first carriage King Edward,
looking so like his photographs that you
cannot help being, graterm xo n...- ..-
. . remarkable number of
salutes, considering the gait at which ha
1. carried past. He Is all in gray. w.... -silk
hat of the same dove tint and a Wg
white boutonnlere.
At his right the queen is as facile in
v. -nl consort ana
her .greetings b -bows
gracefully to the line of coaches and
other unhorsed vehicles which mark the
Inner boundary of the famous Ascot Heath
She Is In white, with a moderate
hat, over which droops a long white plume,
and the one note of color Is given by the
parasol which the American woman would
peak of as purple, but wnicn iu ....
woman designates as mauve, -
Opposite the king and queen i t the
i waia and Prlnoess Victoria, the
latter in baby blue, hat and gown, and you
cannot help wishing that tne roy.
had selected a color more in narmony
with the mauve parasol, but sne seems
....... ...i-fio so It must be all right
Kiriiaiiij d.. ..... . . -
Other celebrities are pointed out In quick
succession by the English bureau 01 in
formation which accompanies ton
oan party.
Others In tho Throng.
,o nrince and Princess Murat
CV, HI., i - -
and his excellency, the Count Mensdroff-
Poullly Dletricheteln!" He pronounces u
without choking. "T-ook at the march
loness of Londonderry in the third car-rlaa-e
and the countesses of Oranard and
Oosford in the fourth. That's the Hon.
Charlotte Knollys In the serentn.
Tn inn't follow the who I wiio cnaner
of your guide, but you do mark the dis
tinguished appearance of ine pnnw. i
Pleas, a tall, ii.terestlng looking woman
seated alongside the princess of Walea In
tha second landau, gowned all In white.
Later yu discover that you have picked
a winner, for she Is catalogued as a great
1 1. V
There la only a half hour interval neioro
the first race Is run and the crowa aoe
. i.... the seats. You employ n vr
listening to the observations and taking
mental snapshots, hearing tips anu siuuy
lng type.
When Minora Won.
m ia another loyal subject who was
with Mlnoru. a S-year-old who wins the
fourth race of this gold cup aay. me nu
ames palace stakes, . against three rivals.
Mlnoru was trained at wewmaraew
present when the king won the Derby
"I didn't think he o oo it. ua sajrs
nod klngward.
Th "it" refers to the time honored cus
tom that the winner of the Derby shall
lead his horss to the paddock.
it was a oreat surprise nis winning
an an we didn't know whether he would
er not.' It might be a risk for some of the
rules, (the csar for Instance, rignt in tne
thick- of the mess with Upsters and touts
and Jockeys, and the crowd Just pressing
In, but he didn't hesitate a seoona. ioon
hoM the bridle and walked there as If
he was a plain country gentleman. There's
nothing drab about him. not a on raiusn,
Just a fine sort all througn.
Antoasr the Bookies.
Tour eyes fall on one of the most Inter
esting and picturesque features of tha
Aarnt course, the bookmakers, who, like
the king, look exactly like tneir portraits,
only more so.
There are several hundreds of them
scattered over the course, principally in
front of the five shilling grand stand and
ai favorable Dlaces among the Heath.
They ares-diverse In costume, but all have
the mark of the race course, nara lines
even In the youngest faces that tell of
strenuous moments; every possible accent
Is heard with the Cockney In the lead.
Each has a semt-elreular railing protect
in hia allotment of apace, and on this he
sits, or on the ground Itself, polishing the
brasses or nis ail, seeing nm aim uuiubi
... anvaa and leather baas aro within
reach, aad even In tha preliminary mo
menta keeping a wary eye on nis nvais.
XT a rYt atrJa'ai II am TTlal ia announced on a
placard or la spelled In huge black letters
across soma part of his paraphernalia, so
that It may easily be seen at a distance.
There is a specially high placard which
turns on 1U six-foot pole so that none en
the course or about It may be Ignorant of
the faot that Sam Jacobs attends Ascot In
(ling, the slanting line being the accepted
shortening for the shilling. Tou are glad
to know that, as you were worried about
8am.
U1U Scott, Wat Harper, Ben Clench and
Dels Patta have equally modest ways of
suggesting their presence to the crowd.
One of them Is a short, stout personage
of middle age. His Ascot costume Is of
white flannel, full and short as to trousers,
the rolled-tip ends showing green socks
which match the long, flowing tie worn
under a Byronlc collar, a green kerchief
also generous In Its proportions protrudes
from the pocket of his lightweight striped
coat, and his soft, felt hat has a green
band. His name Is Hlgglns.
A contemporary Is attired In clothes
showing huge tobacco-tinted checks, over
w-hlch sprawls a red tie, a gold watch
chain capable of tethering a winner to a
stake and a gray bowler. A third sports a
scarlet corduroy coat worn smooth and
slippery.
Birrhard'l Dnalneaa.
One Burchard hss a good clientele about
him, although the day Is still young. His
bulletin announces for the Ooid Cup race
Siberia and Santo Strato in the lead as
favorites. Ignoring Langtry's Tentol, en
tered first on the official list as "Lady de
Bathe's, with turquoise and fawn hoops
with turquoise cap." It OJso eliminates
Pom ha, who wins the race.
Burchard is said by the guide to be a
safe man. "He's never been a welcher.
never ran away with the people's money
and has had his stand there for fifteen
years."
It is further explained that all the book
makers have not Burchard'f virtuous rec
ord and that the police are rather lenient
regarding punishments Inflicted by an In
dignant public on welchers.
"I saw one of them tied to a coach by a
rope over oh tha heath," the Englishman
goes on..' "He didn't have a very good
reputation and the fellows that put their
money up with him wanted to know where
to find him when the race was over.
They couldn't watch him all the time, you
know; It gets tiresome after a while."
A looker-on vouchsafes the statement
that he saw one of the tribe get a good
start In a cab once, but he was overtaken,
thrown by the mob Into the river and the
cab after him. "It was hard on the cab
bie, of course, but he ought to have
known better than to be In such company,
don't you think soT"
Tipsters' Ar Prosperous.
The tipsters are a jilass higher, appar
ently than the bookmakers, if leisurely
methods count for ought.
"That 4e Fred Bailey," points out the
guide. "He Is the king of tipsters and
comes from Newmarket. Here's another
celebrated one. Bee how quietly he's
dressed; looks, by Jove, like a city man,
black bowler, tweeds and all. You wouldn't
take him for a tipster, now, would you?"
Just before the race the mounted police
trot smartly up and down the turf of the
course and the crowd that has to that
moment covered It return to their seats
In the enclosures, the stands, the coaches
and motors on the heath, to the standing
room offered to nontlcket holders. There
Is no confusion and no protest to authority.
The polloe are followed by men with big
canvas bags who In a trice have picked
ap all the rubbish, the flying paper that
might frighten the horses. Others sprinkle
fresh-cut grass on the places worn too
smooth and by the time the crowd has
settled into the place the turf is ready
for the racers, which are soon announced
by cries from thousands of hoarse throats.
They're offl They're running double!
They're closing up! Sir Archibald wins!"
Tou learn tho descriptions of the re
spective merits cf American, English and
colonial riding to take your first Intimate
look at the Heath. Tour first Impression
Is that It certainly deserves all the fame
It has achieved.
Aroand tha Connie, .
Separated from the turf by fences and
rope barriers whsre necessary, the Heath,
extending to far off highways and byways,
is at the edge of the course a motley array
of vehloles, mostly coaches, which have
been driven down from London ar from
neighboring places filled with picnic
crowds who have big straw hampers
bursting with luncheons on which they
are already beginning to nibble. There
Is great rivalry for place, and as early
as 10 In the morning some are li position
at choice spots.
Some of the coaches are filled with fash
ionables, eight, ten or a dosen, as the case
may be; others are frankly and freely
middle clawse with a bM o' ohawfftn'
now and then, you know," and continual
laughter. There are many Americana
touring parties and frequent stag parties.
the men in top hats set far back on the
head as the style of the moment demands
and long cutaway coats. They are per
sistent bettors and do not seem to notice
the lack of f emir Ine society.
You remark certain peculiarities, that the
pipe Is less prevalent than It has been and
that scarcely a cigar is seen, the cigar
ette being a general favorite. A larg"
percentage of th city men wear Ions
waxed ends to their heavy mustaches.
which suggests a German Influence.
Further along the Heath toward the
royal pavilion is the motor enclosure,
where there are more plcnlo parties, al
though the majority of the Ascot follow
ers who come In this fashion leave the
machines for the high-priced seats on the
stands and for the clubs and private par
ties, specially placed. The neighborhood
of the motor enclosure is marked by the
"petrol cough," which Is London's latest
affliction. It Is said to be caused by the
gasoline In the air, and will probably abate
the moment the season Is over.
About the coaches swarm the thousands
of types which makes one question if thers
be anyone left In London. There Is no
ticket of admission required and no res
traint is placed upon personal liberty; no
signs warn you of the .grass; there Is no
surly policeman to prod you Into moving
on. England is not over advertised as the
land of the free, but everywhere you are
met with the rule of official and personal
letting alone.
Soma from tha City.
There are 'Arry and 'Arriots. with arms
always locked, stopping at the invitation
of "a penny a drink" in front of a fruit
stand, or lunching from the top of a wagon
piled with fried butterflsh. 'Arrlet chews
gum In a determined, serious manner, and
'Arry, whose small cap is held In place
by flapping ears, is so prismatic that It
hurts to look at him as at Coney Island
fireworks.
There is a young city man who sets a
pace for smart dressing which hundreds
of others apparently try to emulate with
meagre auccass. He has champagne col
ored shoes and his rolled up trousers show
mauve socks, his shirt with broad mauve
stripes Is not concealed entirely by the
green tie and forms a pleasing contrast
to the huge red rose in bis buttonhole
the large red stone In his scarf pin and an
amber ring. He wears besides a perfectly
satisfied expression, and has a pair of
field glasses slung with studied esse over
his right shoulder. Tou cannot. If you
would, forget the stansa of a poetlo con
temporary. He may show the last cry at the raoes,
He may act the swell chap at the track;
But you'll soon find his real occupation
If you notloe the curve In his back.
Jostling him close come a trio of Itin
erant musicians who plsy cracked melo
dies on loosened strings They are shabby
In velveteens and look road worn. A
gypsy woman with a red scarf and yellow
shawl tells a fortune for a young woman
who leans from the top of a coach and
crosses her palm with a sixpence. A
Jester In flapping trousers of bright green
waves his fool's hells and makes )okrs In
a high cracked voice. Tommy Atkins Is
here, there and everywhere, grinning at a
strange girl, or looking shamefacedly at
the one clinging to his scarlet arm.
Ladles on the l.awa.
On the lawn you see hundreds of Eng
lish beauties escorted by the typical well
tubbed, newly groomed Englishman. On
the clean grnss trail the long gowns of
delicate chiffons, satins and the latest
novelties In silken weaves. Tailor gowns
are conspicuous by their absence; the few
shown are relieved by scarfs, the Inevita
ble marabou boas and costly sables, for
the day Is not too warm for furs If they
are rich and handsome enough.
Every woman Is gowned as If for a
royal garden party. The many parasols
of bright colors make the enclosure look
at a distance like a flock of slowly settling
butterflies or a parterre of show blossoms,
and near by one studies with Increasing
admlrf.tlon the examples of feminine
thoroughbred stock, frsmed becomingly
with a background of clear blue sky, of
waving foliage, of red gables far off and a
stnge setting of magnificent detail In the
middle distance.
Mrs. Payne Whitney Is pointed out In
a gown of champagne colored moussellne
de swle, embroidered and trimmed with
Venetian lace. Miss Alexandra Carlisle
has a gown of old roso chiffon and a big
picture hat covered with black plumes. A
gown on an unknown beauty has the tunlo
effect In drapery; it Is of blue Wedgwood
chiffon and the lace Is of the some dell
cate tint. ,
You accept unhesitatingly the dictum of
the fashion expert who announces In the
press that the gowns at Ascot have never
beeen so stunning as during this season.
SUPREME COURT SYLLABI
15J32. Wayne County against Bressler.
Appeal from Wayne. On rehearing, former
opinion vacated In so far as It hold that
the Nebraska Land company Is an Invest
ment company, and Judgment of district
court reversed. Letton, J.
L A domestic corporation formed for the
purpose of buying real estate and whose
whole capital is Invested In land, is not "an
Investment company" under section 66 of
the revenue law. Bectlon 10,966, Annotated
statutes, l;07.
2. It Is the duty of the "holder of shares
of stock or Joint stock or other companies
to list the same for assessment, "when the
capital stock of such company Is not as
sessed In this state." Section IS, revenue
law, 10927, Annotated Statutes, 1907.
15571. Sunderland Hoofing and Supply
Company against United States Fidelity
and Ouaranty Company. Appeal from
Douglas. Affirmed. Koot, J. Heese, C. J.,
absent and not sitting.
L A written statement made by an em
ployer to a bonding company to the effect
that the accounts of applicant's cashier
have been examined upon a certain date
and were found to be correct, with cash
and securities on hand to balance, which
statement Is Intended to, and does, enter
Into a contract between said parties, In
demnifying the employer against said
cashier's dishonesty and Induces the ex
ecution thereof, Is In the nature of a war
ranty, and if false, In a material part, will
defeat recovery on the bond for the de
linquency of such employe.
15575. Taylor against Illinois Commercial
Men's Association. Appeal from Colfax.
Affirmed. Root. J.
1. If an Incorporated foreign Insurance
company, aa a defense In an action upon
one of its policies, pleads that the return
of the sheriff that lie served process upon
Its agent, Is false, for the reason that the
person named was not and is not Its agent,
and plaintiff in hsr reply denies those
allegations, the burden is on defendant
to negative the agency of the Individual
upon whom the process was served.
2. Defendant's evidence negatived the
fact that It had agents in Nebraska for
specific purposes, but did not deny that the
Individual designated in the sheriff's re
turn as its agent, had not performed such
acts as under section ,07, Cobbey's An
notated statutes, would constitute him Its
agents. The court, therefore, did not err
In not submitting said defense to the Jury.
i. The polloy provided that If the as
sured changed his business or vocation, he
must Immediately send the secretary of
the company written notloe of said fact,
and that unless the board of directors con
sented to such change, the policy upon the
tenth day thereafter would cease and de
termine. Held, that the change referred
to meant the substitution of one business
or vocation for the other, as the usual
business or vocation of the assured, and
did not refer to a casual or Incidental re
sort to other activities for thirty days,
where the vocation described In the policy
was not abandoned, and it was undisputed
that the assured expected within a few
days to continue his usual vocation.
No. 1'. McElroy against Metropolitan
Life Insursnce company. Appeal from
Cass. Affirmed. ,C'alklns, C. Commission
er's department.
L Where the parties to an Insurance con
tract are In different Jurisdictions the place
where the last act Is done which is neces
sary to the validity of the contract la the
place where the contract Is entered Into.
1 Insurance business transacted In this
TO HAVE YOUR
I Silverware, Brass Beds. Etc.
REPAIRED im REFLATED
is while you are away during the summer
months, as you return to find them
"GOOD AS NEW"
For the Winter's Entertaining.
Kemper, Hemphill & Buckingham
Phone Doug. 78 for Prices All Kinds Plating
i Block So. Farnam 314 South 13th
V. Jf -aa-
exprsssss In a Imltad dsrre en'r. ths marnlfleanee ct ths
scenery In ths Canadian Rockies vlawad snrouts to ths
ALASKA-YUKON-PACIFIC EXPOSTION
Stopover without extra chares at ths famous resorts:
Banff Lak Inlss Tlsla Olacltr.
This "Land of Bochaatmsnt" Is raachad only by tha
Canadian Pacific Railway
Tbrous-h trains to Bsattls from St Paul dally at 10:10 a m.
X.ow Bsoorsloa ass from all places ta Seattle and all tut
Sound cities and return.
Alaska and return from Vancouver 1 44. by Can. Paolfle
steam. Tlckats far sals by ssents of ail rallsraya
Sand for Utaraturs and Information.
A. C.&haWf General Agent. Chicago.
state bv New York Insurance companies
without' any provision that the New York
laws shall govern. Is not eub.toot to the
provision of the New York statute requiring
a notlo. to be riiailed to the policy holder
In that state on a condition of forfeiture
for nonpayment of premium.
S. The agent of an Insurance company
cannot bv oral contract with the assured
waive the express terms of the policy end
extend the time for a premium when the
roller provides that none of Its terms can
be varied nor modified nor any forfeiture
waived nor premiums In arrears received,
except bv agreement In writing signed by
the president, vice president, secretary or
assistant secretary.
No. lo&H. Davis against School District
of City of South Omaha. Affirmed. Ap
peal from Douglas. Dean, J.
1. The opinion of expert witnesses In a
case Involving the value of the services of
an architect, based upon facts In evidence
before the Jury, need not be substituted by
such Jury for Its own deliberate Judgmant.
I. Where a witness skilled In architecture
testifies solely as an expert regarding the
value of the services of an arohltect the
same rule will be applied to his testimony
that Is ordinarily applied to the testimony
of expert witnesses In other professional
employ nirnts.
8. A Jury may decline to accept the opin
ion of expert witnesses upon the value of
an architect's services, even though un
contradicted, and In the light of their own
experience and general knowledge and -in
tne exercise or their independent judgment
may base their verdict as to the value of
such services upon their own deductions
from all of the evidence before them of
services performed.
No. lfH3. L'nios Paclflo llallroad Com-
fany against County of Colfax. Appeal
roin Colfax. Appeal dismissed. Letton. J.
1. Where the district court quashed a'
portion or a bill of exceptions and there
Is nothing In the record Indicating which
portion was quashed and which was con
sidered, this court upon objection being
mede will not consider the evidence.
i. A bill of exceptions of proceedings be
fore a county board not Identified either bv
the certificate of the county olerk or of
the clerk of the district court as being part
of the record Is not sufficiently authenti
cated. S. When It Is sought to review an appor
tionment and assessment In a drainage pro
ceeding, that portion of the report and ap
portionment made by the engineer and
county board which purports to charge the
property of the appellant must appear In
the record.
4. When no final order or Judgment af
fecting appellant's property appears in tiie
record the appeal will be dismissed.
No. 157",4. Mclatchey against Anderson.
Appeal from Sewaed. Affirmed. letton, J.
1. Where a breach of warranty occurs
and tho sale had not been rescinded the
usual measure of damages Is the difference
betwen the actual market value of the
warranted chattel and Its market value If
It had been as warranted and represented
to be. The fact that the purchaser had In
turn sold the chattel with a warranty and
had not been compelled to respond In dam
ages for a breach thereof, does not furnish
any ground for refusing to submit the ques
tion of damages for the breach of the origi
nal warranty to the Jury.
1. In an action for breach of warranty
of a stallion the plaintiff testified in effect
that he rescinded the sale and returned the
horse to the defendant, but that at the de
fendant's request he kept the hort-e in his
stable, and that while In his possession
the horse was sold by the defendant to one
Usllagher. Defendant Introduced the frstl
mony of Gallagher and himself to the ef
fect that the horse was purchased by Gal
lagher from the plaintiff and not from de
fendant. Plaintiff then offered to prove
that at the time that Oallagher purchased
and took the horse he told Gallagher thnt
the horse did not belong to him, but be
longed to the defendant. This evidence
was excluded by the court upon objection
Held, that the offered evidence was a self
serving declaration of the plaintiff made
aiier tne laci anu was properly excluded.
3. If a party believes that the Instruc
tions of the court are not sufficiently defi
nite or specific to properly present the
Issues to the Jury It Is his duty to request
or tenner more aennite ann specific In
structions, and, falling In this, he cannot
assign the Indeflnlteness of the court's in
structions as grounds for reversal
4. When questions of fact are decided bv
a jury upon conmcting evidence the verdict
will not be set aside on the rrnimd nt in.
sufficient evidence, unless it Is manifestly
15i5i Brlggs against the Royal High
landers. Appeal from Cuming. Affirmed.
Fawcett, J.
1. A by-law providing for a forfeiture,
adopted by a fraternal beneficiary associa
tion subsequent to the Issuance by it of a
benefit certificate, will he strictly con
strued against the association, and If parsed
In contrsventlon of the provisions of the
statute governing such association, It will
be held void and of no affect. Lange
avalnst Itoyul Highlanders, 75 Neb. lsN: luC
N. W. 224.
2. "Where a fraternal benefit association
has not compiled with the provisions of
section 1, chapter 43 of the act of 1897, and
adopted a representative form of govern
ment. Its governing body Is without power
to adopt an edict or bv-law changing the
terms and obligations of a mutual benefit
certificate theretofore issued to one of Its
members." Lange against Royal High
landers, 7f Neb. 110 N. W. 1110.
1 Where, under the provisions of the
constitution and by-laws of a fraternal
beneficiary association, the delegates to the
governing body thereof, regularly elected
by the members of said association, cannot
of themselves, and without the participa
tion of members of committees appointed
from members outside of such delegates
legally and of right adopt, alter, or amend
the edicts and laws of such association
and absolutely control the government of
the same, such governing body Is not a
representative body, and an association so
constituted end governed cannot be ssld
to have a representative form of govern
ment. 4. Suicide W'lll not defeat a recovery upon
a benefit certificate In a fraternal bene
ficiary association unless such certificate,
together with the lawfully enacted laws and
edicts of such association, so provide in
express terms.
famous doctor's
prescription; '
mm.
139
Quality Is Our Guide
WPDiKEMILtlNdCO
3.7
FLEAMKS THE MOHT CRITICAL
At all grocers
UPDIKH MILLING COMPANT. OMAHA
PIMPLES
"I tried all kinds of blood remedies
woich (ailed to do me any good, but I
have found the right thine at last. My
face was full of pimples and black -htfsaWi.
After taking Cascarets they all left, i am
continuing the use of them and recom
mending them to taj friends. I feel Cue
when I rise in the morning. Hope to
hsve a chance tr recommend CsscareU."
Fred C Witten, 76 Elm St., Newark, N. J.
Ptostant, PalaStble. Potent, Tsuts Oooo.
Do Good. Nevxr filckes, Weaken or Grips,
10c. 2Sc, SOo. Never told la bulk. Tha gana
ln tablet stamped C C C. Guaranteed to
Stura or yonr moner back. 922
THIS IS THK TRAVELING SEASOX
Let us fit you out with field glaBsea,
binoculars, auto goggles, etc.
Complete Line at Iteasonable Prices,
WVKN OPTICAL CO.
Bight on ths Southwest Corns
let and rarnam Its.
CLARK'S CRUISES
OK THE "CLEVELAND"
(Hamburg-American Lino)
18,000 tons, Brand new,
d new,
worlD
supsroiy Ilttaa.
OUND the
Fim New York October It, 1009; from
Ban FanclBCO Feb. 6, 1910, nearly (our
months, costing only $8j0 ANU LP, In
cluding all exuensen afloat and ashore.
SrECIAXi FEATURES! Madeira, Z7pt,
lu'Ua, Ceylon, Burma, Java, Sorsao, rb.ll
Ipplnss Japan. An unusual obonos ta
Visit una anally attractive places.
18th Annual Orient Oraiss, rsb, 8, '10 1
by North German Lioyu B H. "drosssr
Kurfuorst, 73 days, Including 14 day
Eeypt and Palestine, $400 up.
rfcAJTK C. OLABX. TIMES ILSO. at. T.
W. B. Book, 1584 rarnam St., Omaha.
D. A. Bamson, Gen. Bales At.. Omaha, Neb,
TEI1T C0L011Y
FAIRbURY, NEBRASKA
' For modern treatment of medi
cal and surgical Tuberculosis and
rest cure for mild nervous dis
eases. Advanced cases not re
ceived. Special advantage of loca
tion. Altitude about 1.300 feet.
Write for information.
lUi. G. L. PKITCHETT,
Buperintenuent
Call Us
by 'Phone
Whenever you wsnt soma,
thing, call 'Phone Douglas
Bs and make It knows
through a Bsa Wan 14.
,11 m
ffOPDIKEl
i
."i nUlm airn
A. AC i ' 1 U f J