Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Oct. 30, 1909)
THE IJEE: OMAHA, SATURIUY, OCTOBER 30. 1003. 19 h I I OFFERED FOR SALE Mlse-ellaneons r ontlnnea. d fvS AT good; Yukon esg or tump, 4)0 CUAli y, jvo b,,t for price, try lu HARMON Wt.ta.TU. Roto phonea FOR BALE A good relf adding cash rglater; will sell no sy payment. Ad eieee P 471. WRITH m befor buying- a piano I run sav you money. Address L &1. car Bee MALI.." (. new. ild-hend. IIU rtroim. OAS RANOK CIIEAr. 4170 Cass Street. NEED money piano tor SfU M). NEED money quick. Will sell my upright v IS Hie. ' SHOLARHHIP 1 ailing bu.ine?a col lege lor sale at ou. count. Address P tW. Bee. . FOR SALE One computing rcale; cost, $' " ll. l;.-ed three ninths. Price, low. ITione I. 23:. CABH IlF.OIflTER BiinGranden Co7, 1M1 Howard street OSTEOPATHY JOHNSON INST., 41S N. Y. L. Tel. D. 1664. lit. Katl.ryn Nicholas, 60S N. Y. L. Bldg. PATENTS D. O. BAKNELL, Faxton Ulk. Tel. Red 7117. HUFFMAN. Ill Neville Bldg. Hook free. l-yi T-l TT-T.-T 1 ' T ' -' - -8 PRINTING 'PHONE IND. A-M tor good printing. Lytitislad Printing Co.. lin Capitol Ave. HYATT ft LONOACRIC. PRINTERS, 1703 Leavenworth bt. Tel. Doug. 2o47. PERSONAL HATC cleaned, mads Into fall styles. bchmarss's liat Fcty., SOi N. 16. Cn A T Andover, Egg, Lump, $6.50. R. H tUAU Morehouaa Co., W. 8106, B.2246, STRICTLY private home during confine- V menu; excellent care; babies adopted; named nurse. 2518 Davenport at. JOHN CANE Is In town. Now la the Lime to trim trues, trellises, grape vines .Tel. Red V104, lnd. A-Mb4!, Red M65. 1810 . . . 1 1111 a IRT W t V. It I 111 U kg Dl,, 1V O. 4UV1I J V- CCWiTi Your aorn comes out or your V.VV1XU quarter oomea back when you use JUOra jeuy. nainaa urujf v.u. m I l VTVTTr treatment. Him Smith. ;n 8 liith Si . third floor JAMES RUBY can get Insurance money y writing John or Charley. ilOMK for women during confinement. We' find homes for babies where mother cannot care for them. Babies boarded. For terms, address Mia. Martha A. Lee, 401 Bancroft St., Omaha. Neb. JPhona Doug las l;21. WE RENT and repair all makes of sew Ing machines. 'Phones: lnd. A li3; Doug. 16(4. Neb. Cycle Co., corner loth and Har ney. PRIVATE home . during confinement; babies lor adoption; Good Samaritan San korlum, 740 1st Ave., C6uncll Bluffs, la. DR. EGOEKS, private confinement home, ,'iati Mariha- WU- Tel. Uouglaa Gilo. THE famous Valvetlna Toilet Goods. For sala by a.U drugglsU or phone Uouglas tifcv-i. THB 8ALVATION ARMY solicits castoff . tlothlnt; In faat, anything you do not need. Vs couect, repair and sell at 134 N. 11th fit., for cost of collection to the worthy . poor. -Call phone Douglas 4US and wagon will can. . , - . W71TJQ anil toupees tor tneu. GRIFFITH. uu U and 14 Frenser Elk. : MASSAGE AND BATHS. R-0S, Old Boston Storo Bldg.. 4th floor. I'M Hu. 16th St. Stairway on Douglas St. YOUNG BUSINESS MAN from the east, , now located In Onwlut, but traveling ex- lenelvely, would like to secure room or wulte of rooms with strictly private and refined family, where there positively will be no other roomers. Want home comforts and am willing to' pay accordingly. Will be In Omaha two or three nights each week only. ' Highest references furnished. Addre'M) T 7S. care .of Bee. MAGNET1C - Tr?a,trnents. Emmerltn Biott, tdi b. 16th St. Doug. 01S6. ahnlNYQN'E knowing the present where in i iwuts of Jamrs C. Ballard, who resided sli.tiVugias county in 1S&7, or any or nia J.":-.; "r. will nleaxa communicate witn Omaha, Neb. Private ' 'confinement home. Mrs.' Dr. King, 14 N. . Tel., Web. 20o. lnd. li-luix OMAHA sk Stammerers' Ins., Ramge Bldg. s1I!th stroy- Manicuring and massage. b S. 16th St y K,at Pnon, d. 76S6. Mr1.'r.-.ri Chicago, salt glow, magne tic and mass 'JS a treatments, 207 N. 17lh St Masque Su4;- to rent at LIEBEN S. fHla 1410 Howard. D. 4115. A NEW BOOh IT by Josle WashbbY' tne "Underworld Sewer," swan, ft Mck.uI! SiJir I-M,rl. and I W"" lu oeiween - v1!s. ESTATE to REAL E' WaTR DBALEH1, " r ' REED APSTRA L iihCT CO., Kst. 1S56; prompt service; get our prices. . i7io arnam St. GANOESTAb, 4 T04 Bea Bldg. Tel. D. $367. PATNB INV. C rr- I.t'Q.. first floor N. T. Life. BENJAMIN R. 1 Hi cu 477 uranaeu uidg, I REAL KSTATlP : ' 1 CMAS V wftl K IH LtS-lKIIBl t:U. O.LIAMSON, President.. cn r FOH IALB, It fne Acfres Addition I lots Are In treat flcVynand these days. Two old yesterday fryim Tuesday's ad. .; Thf nk of It , A Vhofle Half Acre $16 Casll HO a, month. ' Prices 4 to $400 each. br we will sell :rou a quarter acrs for $5 Cash and $5 a Mcfnth v Nothing - around '.Omaha any better, l nothing eloeer to cay ime, only blocks to either the Ames .va. Una or Florence car line. i Buy One Now ' P" Jntoi garden next year, thera are " . " oeing Dullt within ot a inlit trotsi this adduion. Let us take you wu . v ounuay. HASTINGS & 1IEYDEN, ' 1614 Harney fit. .. jWESTi FARNAM HOME rtidoubledly the beat valus In this dis trict is the a-ruoui houee at X&d and Far- 'W" nni u uuuin, hot weter beat'ng, tiled bath room sjmI vestibule- t bedrooms; full basement, laundry and C GLOVER REALTY ... SYNDICATE. Crettnd Floor, N. X. Ufa. REAL ESTATE CITT PHIH'KRTl FOR HALI". . (Continued TAKK NOTICE of these terms end prices $10 to S3 per month; to $-0 ca'h. Good 4-room cottage, city water, lot Zfixinv, near 29th and UrUnt. IA Five-room cottage, best repair, closet, s-wer, paved street, :is, etc., near 24th and Leavenworth, fl. M). Neot 5-room moab-rn cottage valuable lo' mlon, near lth and Locust. $2,100. Four-room cottage, full lot, near 21st km Bancroft. tM. Six-room house, city water, large bam, lot JtixliO. near 6th and Woolworth Ave., $2.0"0. Good 5-room cnttsge, newly repaired, full lot. near 2rith and Kprague, II 660. Save further rent money by Inking one of these fsv term barcnlns. RUSSELL & McKITRICK CO., 4.12 Rsmg Bldg. 15th and Harney. . Lot, $1,150 Near Mr. Joslyn'B rsldence. Harrison & Morton BRAND NEW G ROOM HOUSE Strictly modern, large lot. paved street, corner, near car. ONLY $2o0 CASH Balance monthly, semi-annually or an nually. Let us show you. NOWATA LAND & LOT CO., 624 N. Y. Life Mldg. 1X000 New 5-room house, fully modern; hot and cold water, Kns, electric light, fur nace, full cement basement and walks, laundry In basement, floored nttlc; finely located, close to car and school. 1 18 Para toKa 8t, Investigate. Whipple, 701 N. Y. Life Bldg. Phone Doug. 807. 100 Feet $3,000 50 fronting Hanscom Tark and 50 front ing S3rd St. We know of nothing better. Harrison & Morton r WANT an offer on lot 2. block 20, origi nal plat of the city of Omaha, with two houses. 1J and 1911 California atreet. Iaiu 06x132 feet. THOMAS BRENNAN, New York Life Bui'dlng. 40x66, $2,100 In heart of city. Harrison & Morton HANSCOM PARK HOUR S rooms, nearly new. all modern, with iIOT WATER HEATING, paving paid. Owner leaving city; will take $5,500. TERMS. GLOVER REALTY SYNDICATE. Ground Floor. N. Y. Life FOR SALE flna new 8-room house, big lot. Frank Sevlch, 10th and Dominion St. .$2,550... 6-R00M COTTAGE 2513 N. Mth St., a well- located -room cottage In splendid condition; located clone to Lake school and Sherman avenue and Dodge street car lines. Has reception hall, parlor, dining room, two bedrooms, kitchen and bath. All rooms nicely pa pered. Can sell this on payment of $000 cash, the balance $26.40 a month. Possesr slon given Immediately If aold Inside of 10 days. Here's a chance for someone to get a nice little home on easy payments. HASTINGS A HETDEN, 1614 Harney St. West Famam Home Must Be Sold Owner leaving Omaha offers beautiful home on id St., between. Dodge and Far nam. Practically new and with every mod ern convenience. First floor In- oak, second floor white enamel. Large living room with fireplace, dining room, library, muslo room, butler's pantry and kitchen, first floor; 4 good sized ' bed rooms, second floor; finished basement with billiard room. . Walls throughout are canvassed and ar tistically r decorated, built-in bookcases, buffet, beamed ceilings, etc. Fine lot 50x140. This in a gem and must be seen to be appreciated. See us at once for special pi-Ice and further particulars. Benson & Myers Co., Phone D. 746. 4)J N. T. Llfs Bldg. 20 Acres West Dodge St Road L f!U miles from Omaha'a business nentar Fine locatsjn for country home, fruit or dairy farm; 200 grapes, 40 fruit trees of various varieties, W0 maple and 20 spruce trers already set out and growing. This beautiful tract is about 2 mile; west of the Claus Slevcrs place, whir.h vecently sold at J.""0 an acre. Unimproved land in the Immediate vicinity of this acreage Is held at 1200 and $;) an acre. We are of fering this place for a few days only at aiou an acre. BENSON & MYERS CO., Sole Agents. Phone D. 746. 412 N. T. Life Bldg. OWNER WIRES me to sell his 8-room modern house and lot. SOxlCO feet. 88th and Cass Sts.; fine neighborhood. His price $5,500, but look at i uu wane me an oner. Can make terms. J. W. Robbins, Sole Agent. 1801 FARNAM ST. TELE. DOUG. 629. 5 Rooms, $2,000 ' Lot 60xlf-0 (almost new), water and gas: good cellar, luce surroundings. (.1726 Van Camp Ave.) Harrison & Morton BUILT BY DAY LABOR . NOW COMPLETED that Bungalow house at Georgia Ave. and Hickory St., one block of Hanscom park; full two stories and attlo finished: four nice bed rooms; oak finish first floor; large living room; Dooacaaes uuni in; nice ainiiig room with oak piaie rail and panelled. Lot 30x150 east front, paving paid. See the house and you will appreciate the value. Would consider smaller house or good lot In exchange. OPPORTUNITY IS HERE to get a good homo at actual cost. GET GLOVER REALTY . SYNDICATE, Ground Floor. N. Y. Life. 2612 Corby St A new 5-room cottage, well built, with bath, gas aud electric light, combination fixtures, good cellar, with furnace, nice at tic; cement walks, fenoe, south front, price only $2.&uu. If sold this month. Payne, Bostwick &Co. So Hi Agents Main Floor. N. Y. Life. BRAND NEW 5-ROOM HOUSE Modern, except heat, large lot, paved Street, near car. uneiy luuaiiea. . ONLY $250 CASH Balance monthly, semi-annually - r an nually. Let us show . you. NOWATA LAND at LOT CO.. 024 N. Y. Life Bldg. G COTTAGES All within S blocks of th and I-ake. All modern, except heat, price l,iu0 to $iuo. REASONABLE TERMS McEACHRON REALTY CO., UC4 Lake St. Webster 1G5.1. Quiil. Action for Your Money You get that by ulu Tue 13a ad UsiLg c.4uoiu. . REAL ESTATE CITY l'HOI-KHI V FOH "A LIB (Continued.) INVESTMENT Two St. Loula flata, built I year, monthly rental I '.02; corner lot. pavlnjt paid In full both street", first- dees location; BlU'iFJST SNAP IN t.'MAHA; p-.V. Could handle' with t3,V casn. , GLOVER REALTY SYNDICATE, .-...nri t-iuor. N. Y. Ufa. A choice building loi. "'-Illlsdale. tl cash, fl a week. Prices 1100 to 100; no In terest, no taxes. Sea us. HASTINGS ft HETDEN. 1(14 Harney 8L FOR quick relorna. ''. your real eetatt for sale and exchance with me. no 'sale, no pay. W. v Mchall. Board of Trade R.oc . Omaha Nak. BEMIH PARK New house. I rooms and large reception hall, oak ftntah. hot water heating, nice south front lot; snap at 16.500. TERMS. OLOVER REALTY SYNDI CATE. Ground Floor. N. Y. Life. REMEMBER It only takes at a'rok or two of the pen to mention the faot that you saw the ad tn The Be HOUSE BARGAINS. East front on 35th Ave., south of Leav enworth, near Field club, 7 rooms, modern, bu tt 5 years ago; lot 60x124 ft., shade trees, 13.200. New 7 rooms Just east of runde on Dav enport St., very sightly. Builder and owner lives next door at 4701 Davenport. House open for quick sale. $3,000. 6-room squal-e house, 1 years-old. In splen did condition east front on 28th St., paved. Just north of Parker, $3,000. Might lease. S rooms, oak finish, modern and good as new. at 2024 Miami, for $4,000. Would lease. 7 rooms with s lots and some fruit at 4Sth and Mason Pts., $2,WK). HARRISON & MORTON, 913 N. T. Life. Both Phonea. Offered For a Short Time Only 7 rooms, carlor. dining room, kitchen. two bedrboma and bath, flrat floor; two large bedrooms upstairs, furnace, moaern plumbing, gas and electrlo light, corner lot, 37x120; cement steps and walks, walk ing distance. Price reduced to $3,000; for tmlrk aaia. onlv tu00 reaulred. balance easy payments. Located 11 ll S. 27th St. See it at once. It's new and can be ready for occupancy in a week. G. G. Carlberg, All N. T. Ufa Bid. If you have anything to sell or trade and want quick action, advertise It In The Bee Want Ad columns. REAL ESTATE FARM AND MANCii .AS(U FOR BALK Colorado. FOR SALE or trade 060 acrs farm, well Improved; 11 miles from county seat, 4 miles from railroad atation. f or pariicu lars address Charles Nlehoua, Holyoke. Colo., P. O. Box J74. Jl krmaluB. IDEAL FOR FRUIT FARM 84 acres onlv 45 minutes ride from Omaha on main line of Burlington, several trains dally to Omaha or Lincoln; far 60c. Lend almost level; soil, loose black loam; ad joins station; Increasing in value very fast. Owner needing cash at once makes price lo0 per acre. Bargain. ERNEST SWEET. 013 N. Y. L. Bldg. Omaha, Neb. RELINQUISH MENT Bargain, $600 FOR 160 ACliiiS UOOD. RICH SOIL IN CHEYENNE COUNTY, NEBRASKA, l'.'i MILES FROM RY. STATION, 13 MILES FRONM COUNTY SEAT; 40 ACRES FENCED 3 WIRES; 2 ACRES BROKEN; SMALL HOUSE, UOOD WELL. THIS IS A 8NAP.SEE OR WRITE US QUlCh- ED JOHNSTON & CO., 1614 Farnam St., Omaha, Neb. 160 acres western Nebraska, good Swedish settlement, cheap for cash, all good land p. o. uox H3, council tiiuris.-ia.- 160 aores four miles south of Dlx. Neo , in Kimball county, every acre can be cul tivated. 110 per acre. J. G. Bone, Council Bluffs. Ia., 312 Shugart Block, Phone 814. FOR SALE OR TRADE. 320 acres of good Improved land, 80 aores pasture, balance In crops; house, barn. granaries, etc., In good repair; 2 miles from good town. Would prefer to sell for cash, but will take up to $16,000 in general mdse. carry $10,000 on land and balance cash; $10) per acre. J. M. Carlisle, ullerton. Neb, Oklahoma. OKLAHOMA Land $5 Per Acre No. m 1,320 acres timber and grazing land, on Illinois river, in Adair county; nearly all black oak timber, will make from two to four railroad tlea to the tree; aome white oak saw timber, some white pine, 16 to 24 Inches In diameter and 80 to 100 feet high; 300 to 400 acres ot this land can be cultivated; about 60 acres now under cultivation: ten miles of Weatvllla. and new railroad now building within three miles of lana; tne limner aione ought to pay mors than we ana ior toe land. Price, h an re. No. 543 $.520 acrea timber and grass land in Cherokee and Adair counties, at $6 per acre. No. 545130 acres timber land within three miles of Pegga, Cherokee county, at $5 per acre. No. ITS 0 acres of good upland oralrle. to acres In cultivation, good black soli, a fins chance for oil, three-fourth miles of the city limits oi rnowaia. rrice, $40 per acre. No. 43 160 acres of best grade creek bottom land; U0 acres in cultivation. Good house, barn and outbuildings; two miles from Nowata county seat. Price, $40 per acre. You might get an oil well with tins land. Let ua snow you. No W ATA LAND 4 LOT CO.. Bulls 624 N. Y. Life Bldg. Farms 300 choice farms for rale located in most beautiful and fertile counties of eastern Oklahoma; low prices; easy terms; perfect titles. Agents wanted. Also farms for rent and trade. COMMONWEALTH TRUST CO. ; Home office, Vlnlta. Okia. Branch office, 1'ryor creek and Nowata, Okla. When writing to advertisers remember it oiuy takea a stroke or two of the pen to mention the fact that you saw lbs ad In The Be. Texas. TEXAS. This la the story of our Irrigated land In the Rio Grande valley of Texas. Following Is the very lowest estimate, some of the land will more than double this Income: COST. Planting on, acre for six years, per annum f 4 50 Cultivation and labor i0 Irrigation ( 00 Harvesting and hauling 30.0) Manufacturing, $1.60 per ton bO.OO Total $106.50 RETURNS. Forty tons, yleldiug ILOuo pounds of sugar, at 4c $'30.01 Deducting cost $106.51 Profit per acre $213.50 Will tell you land that will do this year la and year out for 875 to $Lb0 per acre. NOWATA LAND ft LOT CO.. 624 N. Y. Life Bldg. LAND 13 sections, 7.6M) acres, solid body. Joining the city of Uidlaud on ths south ern plains of weat Texas, (at the end of main business street) will sgree to deed In SO-scre tracts, 10 years' time. 6 per cent Intel eat. Wholesale deal; writ us for full description and particulars W. J. Moran ft Co. lOa-oera), Midland, Texas. REAL ESTATE Farm An ha ii lahp for sai.k (Continued) FOR SAL10lii0 acres Irrigated land with water rights, under oldest ditch in this distrtel; two sets of Improvements and land rented to good tenants for another year If desired; two miles from Mexico, a thriving little town on the U. P. R. R. ; price $100 per acre, Morton ft Waldo, Ster- ing, Colo. Raataaia. ALFALFA FARM FOR BALK In Kansas; 160 acres, well improved, near school; plenty fruit, water; no stone; $Ti0 per acre. D. C. Howell. Owner. 3228 Lock- ridge Ave.. Kansas city, mo." Soatai Dakota. FOR SALE Fine 4f-B.er farm S miles from town, 2 miles from Jam river. Brown county, S. D. All In cultivation but 30 acrea; good improvements: school house on farm. E. W. Daniel, Aberdeen, S. D. REAL ESTATE LOANS LOANS to home owners and home build ers, with privilege ot making partial pay ments semi-annually. No commission. .W. II. THOMAS, 503 Flrat National Bank Bldg. $100 to $10,000 mad promptly. F. D. Wead. Wead Bldg., lDlh and Farnam. FIVE PER CENT MONEY to loan on Omaha Business Property. THOMAS BRENNAN, Room 1, New York Lite Bldg. MONEY TO LOAN Pay r.s Inv. stment Co. WANTED City loans. Peters Trust Co. WANTED City loans and warrants. W. Farnam Smith ft Co., 1320 Farnam St. PAYNE. BOSTWICK ft CO.. N. T. LU. Private money, $500 to $6,000; low rat. LOWEST RATES Bemis, Brandeis Bldg. SECOND MORTQAOE loans 'negotiated. Apply Rooms 417-18 First National Bank Bldg. Bell phone Douglas 2318. GARVIN BROS.. 318 N. Y. Life. $500 to $200,000 on Improved property. No delay. 5 FARM and city loans; optional pay ment; no delay. I. Slbbernaen. Omaha. $000 to $5,000 on homes In Omaha. O'Keefe Real Estate Co., 1001 N. Y. Life. Doug, or A-2153. REAL ESTATE WANTED WE HAVE BUYERS FOR 5, and 7-room houses. It prices ara right we can sen your property ror you, NOWATA LAND AND LOT CO., Suite 624 N. Y. Life Bldg. SWAPS FOR SALE or exchange For clear land. stock of clothing, located In eastern Ne braska. Will invoice aoout $io,00o. For particulars address J. R. Collins. 423 Main street. Fremont, Neb. HIGH arada Dlano for a-ood residence int. Will pay difference. Bee, Y 17. WANTED TO BUY BEST price paid for second-hand furni ture, carpets, clothing and shoes. Tel. Doug. 3(l. BEST Dries paid for 2d-hand furniture. stoves, clothing. W. Rosenblatt. Tel. I). 6401. HIGHEST prices for furniture, eta. BELL'S Furn. Store. 1406 Podge. Bed Soil. BALTIMORE 2d-hand store . pays best price 2d-hand furniture, clothes, etc. D. 4265. WANT Id-band shoes and clothes. D. 27S5. WANTED to buy, all or part of furniture for four room apartment. Must be high grade. Give particulars. Address Y 70, car Bee, WANTED Any 1909 Dun or Bradstreet reference book; give date, states covered and price. Address Y 71. car Bee. WANTED SITUATIONS WANTED By young man. place to work tor board while attend lug Boyles college, Beth phones. LADY with several yrais' business train ing desires position selling,- either In olty or will travel. Al referee oes. Address V M7. rare Bee. f!nnl nnrl Wnnrl Ik H. Morehouse Co.. w. iioa, lnd. H-ZZ4S. POSITION WANTED By . first-class chef and waitress In hotel, in or out of city. LEGAL NOTICES NOTICE OF SALE OF ELECT KJC LIGHT : PLANT By virtus ot resolution of the undersigned Board of Directors, the Chad ron Electric Light ft Power Company will sell at publio auction to the highest bidder, lor cash, on TUESDAY. NOVEMBER, 14. 1D09. AT 10 o'clock a. m.. AT THE OFFICE OF SAID CORPORATION. CORNER SEC OND AND EGAN STREETS. CHADRON, NEBRASKA, all the property of the said Chadron Electrlo L.ignt ft rower company, aa a going concern, and consisting of Lot L in Block 4. City of Chadron. Nebraska. and power house thereon, its coal houses and office and power Bouse furniture and fixtures, and supplies on hand, and per sonal property oi every character: also all Its contracts for street lighting and sal of light and power to citizens or Chadron, and all its customers, its irancnise, all Its Doles. wires, lines, - dynamos, transformers, en gines snd machinery of every description all Its street lights, and other lights, whir- ever located and on hand. This property la In molt prosperous and perfect condition since Its opening; the sen toe is perfect and the demand for light snd power, from its present and prospective customers, is greater than its present enlarged caoacltv so Increase ot the plant and its capacity is actually needed at thia time. An entirely sufficient reaaon for this sals will be given to any inquiring purenaser. Dated, October 14. WILLIAM ELLIS. J. V. MOTE. BYIVON L. SCOVEL. OlSloNH Director. LEGAL NOTICE POLICE AUCTION Sale In accordance with law and the provisions of Ordinance No. 5521 . of the city of Omaha. Douglaa county, Nebraska, notice la hereby given that 1 will sell at public auction, at the police station. Elev enth and,Dode sueeta. in the city of Omaha, state of Nebraska, at o'clock P. hi., Thursday, December 2, 1103. all un claimed personal property which may have been in the pouseshlon of, the police de partment alx months prior to Juno 1. 1. This sale includes all klnda of goods, suoh as cutlery, bicycles, harness, watches, dress goods, clothing, trunks, gloves, etc., all sold without reserve to the lr hest bidder. J. J. DONAHUE, Chief of 1 olleo. Oct20-Nov-13-20 GOVERNMENT NOTICES DEPOT QUARTERMASTERS OFFICE, Omaha, Neb., October 28, lau). Sealed pro posals In triplicate will be received her un til 11 a. ni., November 27, l'.iOO, and then publicly opened for construction of brick pavements, gutters, retaining wall, etc., at Omaha depot. Information furnished un application. United State's reserves right to reject or accept ail proposals, or any nart thereof. F.nvelopes containing proposals should be indorsed "Proposals for Brick Pavements, Gutters, Etc., at Omaha De pot." and addressed to Captain J. L. Hlnes, Quartermaster. O 2V-30 N l-l 2i-26 OFFICE CONSTRUCTING QUARTER master. Fort Ievenworth. Kansas. Octo ber 2fi. 1909. Sealed proposals. In triplicate will be received here until 11 a. m.. cen tral time, November 10. 1WJ9. and then opened in the presence of attending bid ders for the construction of sewer and water connections and drains at Fort Leav enworth, Kansas. Full Information and blank forma of proposals furnished upon application. Plana and specif icatluna may be eeen here, at office chief quartermaster and Bulldera' Exchange, St. Paul; chief quartermaster, Omaha ard Master Builders' echaeige, Kanaaa.Clty, Mo. United Statea reserves the right to accept or reject eny or all proposals. Envelopes to be marked "Proposals for Sewer and Water Connec tions ini Drains." snd sddrewed to Cap tain William D. Davis, Qusrtermiater. O 3 30-31 N 1-8-8. GOVERNMENT NOTICES tcontlnued.) OFFICE CONSTRUCTING QUARTER master, Fort Leavenworth, Kansas Octo ber 2 W. Sealed proposals in triplicate will be received her until 11 a. m.. e-wtral tlm November 13, l;Ji9, and then opened for the construction of road, walks, etc, at Fort lavenworlh, Kan. Full Informa tion and blank forma of proposals furnished on application. Plan and specifications may be seen here, also at office Chief Quartermaster, Omaha, and Master Build ers Exchange. Kansas City. Mo. The United States reserves the right to accept or reject any or all bids. Envelopes to b marked Proposals for Koaas, vvaias. Etc.," and addressed to Captain William D. Davis. Quartermaster. O $8-29-30-11, N 11-12. CHIEF QUARTERMASTERS OFFICE Omaha. Nebraska. October 14. 1909. Sealed proposals. In triplicate, will be received here and by Quartermaster at the post named herein, until 10 a. m., central standard time. November 1, 1!09. for furnishing Hay. dur ing the period from November 15. l!i09. to June 30, 1910, at Fort Riley, Kansas. Pro posals for delivery st other pieces will not be entertained. United States reserves right to reject or accept any or all proposals, or any part thereof. Information furnished on application here or to Quartermaster at sta tion named. Envelopes containing proposals should he marked "proposals ror rorage, and addressed to Major D. E. McCARTHT, C. Q. M. O15-16-30 REAL ESTATE TRANSFERS Milton Rogers Estate company to Florence B. McArthur, lots 23 and 24, Milton Rogers' add f 4,000 J. II. Van Duaen and wife to W. E. Weekly, sl6 feet of n2a feet lot L, block L Mayne's add. to Valley 600 J. 11. Rudersdorf and wife to George Wright, part lots 1 and 2, block 127, South Omaha 3,000 Matilda Heibel to Myrtl Schutt, lot. 12, block I, Okahoma Park 1,000 Dallas Bache et al. to J. I). Creighton, n44 feet lot 10. block 5, Summit Plac 7,000 Lena Mead and husband to Otto E. and Julia E. Agcr, lots 1, 3 and 3, block 1 Redick Park 1,425 Addle Ewtng and husband to G. A. Eckles, wH lot 3, A. H. Sanders'.... 1 B. J. Scannell and wife to C. E. Dunn, e44 feet lot 10. block 1. Stevens Plac 1800 J. P. Wlchert and wife to Frd 8. Hadra. part lot 20, block 15, Im provement Association add 1,000 J. C. Strain to C.'E. Taylor and B. F. Wilson, nH seH 30-15-10 6,000 Anna Stern snd husband to Jacob Sherman, sublot 1 In taxlot 33. 10- li-13 3.3O0 G. T. Morton and wife to Miriam F. Mellvalne, n78 feet lots 17 to 21, block-4, Yates A Hempel's add 300 B. M. Webster and wife to J. A. Bry ant, ne nw4 23-16-10 1.800 E. A. Foglestrom and wife to Aug. Peterson, lot 10, Kempton Heights.. 200 C. G. Carlberg and wife to A. L. Root, nB feet lots 1 and 2. blook 1. Drake's add 1 Aug. Dlrkman and wife to May But ter field, lot IS, Westerfield s add.... 1,000 Security Investment company to A. A. Lamoreaux. n42 feet lot 1 and s2J feet lot 8, block 14, Florence 100 C. St. Shepard and wife to same, lot 4. block 14. same,.. 200 United Real Estate and Trust com pany to Frank Martin., lot 1. block 4t, Kottntse Plac 800 Philadelphia Mortgaga and Trust com pany to C. H. Miller, lot 13j block I, Marysvllle add 2,000 Joseph Barker, trustee, to Riley Hud dleston, lots 108 and 109. Roanoke.... ISO Village of Valley to J. II. Van Dusen, part of street adjoining sl6 feet of n25 feet of lot 1. block 1. Mayne's add 5 J. H. Van Dusen and wife, to W. E. Weekly! same ..c 1 Dwight Williams, administrator, to Anna Seleroe. lots 1 and 2. block 1, Cloverdale 340 Total ".. AD MOTORCY ft AUTOS $40,184 Oa.u.qaa rt RAILWAY TIME CARD I'NIOlt STATION lOTH s MASON Union Pacltl Leave. Overland Limited a 7:20 am China and Japan Mall. .a 4:00 pm Oregon and Washington Arrive. a11:6 pm a 1:30 am Limited ai?:oiam l 6:46 am Los Angeles Limited.. ..al3 5 1:55 pm A 8:59 pm a 5:45 pm a 3:45 am a 4:45 pm a B:00 pm al0:30 am h 1:20 pro Portland Special.. .alJ:55 pm Colorado 8peclai... North Platte Local Colorado Express.. Grand Island Local ..a 1:46 am ..a 3:15 am ..a 3:50 pm , 5:29 pm Lincoln-Beatrice Looal..bl3:40 pro City M2:40pm b 1:20 pro Chicago Great Wtitira, Chicago Limited.... Tln City Limited. Chicago Express... Clarion Local Twin City Express. ..a 8:15 am ..a 8:15 am ..a :0 pm ..a 8:00 pm a 8:30 pm a 8:30 pm a 8:00 pm a 8:00 am Wabash St. Louis Express a 6:30 pm a 9:25 am St. Louis Ixical (from Council Bluffs .....8:00am alT:18 pm Stanberry Local (from Council Bluffs) b 8:00 pm bl0;15 am Illinois Central Chicago Express ...a 7:15 am a 8:45 pm Chicago Limited a 6:00 pm a 7:15 am Minn.-St. Paul Exp b 7:10 am Mlnn.-St. Paul Ltd at:Wpm a 7:16 am Omaha-Ft. Dodge Local b 4:15 pm bll;80am CateasT) ft Northwestern Colorado-Chicago a 4:00am a 1:30am Chicago Daylight Spl....a 7:00 am all:S3am Omaha-Chicago LoosJ..al3:0 pm all .85 pin Colorado-Chicago a (:30 pm a 3:2$ pm Omaha-Chicago Special. a :02 pm a 7:00 am Pacific Coast-Chicago... a :06 pm a 8:28 pm Los Angeles-Portland Limited a 8:10 pm al2:05pm Overland Limited eiMJ am a 7:06 am Carroll Local a aw a$;55pm Fast Local Cedar Rapids-Omaha aS:S6pm NORTHWESTERN LINE-NORTH. Twin City and pakota Daylight a 7:46 am al0:30pru Minnesota and Dakota. .a 7 oO pin Twin City Limited a 3:00 pm a 7:10 am Sioux City Local a 3:46 bin a 8:2a pm Dakota-Sioux City Omaha a 8:10 am Mmncsota-Sioux City Omaha , all :00 am NORTHWESTERN LINE WEST. Norfolk-Bonesteel a 7:50 am a!0:30pm Lincoln-Long Pine a 7:50 am all 00 am Norfolk-South Platte. ..b 8:15 pm b 6 20 pm Hastings-Superior b 3:16 pm b 5: SO pin Dead wood-Hot Springs, a i.i pm a 6:20 pm Casper-Lander a 3:65 pm all:00 am Fremont-Albion b 6:J0 pm b 1:35 pm thleaao, Rock Island ft Pacific EAST. ! Rocky Mountain L't'd..al2:40 am alO 80 pm lows local.. .a 4,40 am a 4:30pm The Mountaineer a 7:42 am a 2:55 am Des Momes Local g4:O0pm al2:30pm Iowa Local bl0:35 am b l:6R Dm Chicago-Eastern Ex a 4.40 pm a 1:10 pm Chicago-Nebraska Ltd. .a 6.08 pin l:lliam WEST. The Mountaineer al0.40 pm a 7:35 ara Chicago-Nebraska Ltd. for Lincoln a 8:30 am a 5:47 pm Colo, snd Cal. Ex a 1:20 pm a 4-30 pm Okia. and Texas Ex. ...a 4 40 pro a 1:00pm Rocky Mountain Ltd. .'.all:13 pm aU:30aro Missouri Paclfie K. C. and St L. Ex.. ..a 8:00 ara a 7:00am K. C. and St. L. Ex. (lv. Sat. 13 p. m all:15pra a 6:60 pro Chicago, Mllvrnnke ft Bt. Paal Overland Limited all 15 Ira a 7:06 am Overland fc..oUl a 3 55 am a 1:30am Chuago-Ornaha Special. a 7:30 am a 8:tM am Co1o.-Ck1.Ioi nia Lx at.uopm a J. Zoom Perry-Omaha Local b 6 16 pin bU:U6pin Bl RLIJiGTON STA lOTH ft. MAsO. Barllaa-toa- Leave. rlv. a $: pm a 6:10 p.n a S:lt pm a T:10 am a 6:10 piii al$:16 pm a 10 pm b i t am a 7:60 pm blO 30 am a 8:60 am a $ 40 pin a 7:10 am all 36 pin a 3 :66 pm a 8 00 am all. 30 am all.) am a 4 46 ara a 4 10 pin Denver and Callforla Puget Sound Ex Bluck Hills ..a 4 10 pm .a 4 11 pm ..a 4 li) pm ..all 60 ora Northwest Ex Nebraska points ... Lincoln Fast Mall. ....a t $0 am ....b 1:30 pm ....a 8:16 am Nebraska Ex Lincoln Local Lincoln Local Schuyler-Platlsnouth Plattsmouth-Iowa ... Beiievue-Plattamouth Colorado Limited v. Chicago Limited Chicago Ex Chicago Flyer Iowa Local Ht. Louts Ex. ..a 7:36 pm ..b 3 06 pm ..a $ U am ..412:30 pm ..all bO pm ..a 7 20 am ..a 4 20 pm ..a I 30 pm ..a 8:16 am ..a 4.40 pm Kansas C'ty ft St. Jos alO 46 pJI Kansas City ft St. Joe.. a I 15 am tt-ausaa City ft feu Jo. a 4-4v put Supreme Court Syllabi 1647. In re estate of John Manning Ronacum against Manning. Appeal from Furnas county. On rehearing. Reversed and remanded. Root, J. 1. A provision In the will of a imuin. who died prior to the enactment df rhsnter 43. laws of Nebraska, 117, sections 4HH, et seq., Cobbey's Annotated Statutea. 107. that ma widow enouin "have her dower rlht In all properly real and Personal of mhlch 1 die possessed," construed to mean that she had a right to the net Income during hr natural life from one-third of his estate. x. ir a reasonable construction of will clearly establishes that an executor Is charged with the duty of dividing the tes tator's estate and to do so will necessitate a sal of real property, a power Is thereby giv.m tne executor to sell and convey said realty. 3. In such a' case if the executor falls to qualify, or after qualification resigns his trust, ana tne win does not Indicate that the testator reposed a special confidence In th executor, a power to sell and convey real estate will pass to, and vest In, any qualified administrator with the will an nexed, appointed by the Court to administer aid estate. 4. "Neither the husband nor th wife can abandon the- family homee'ead and there after sell and convey the same to another to the exclusion of the homestead right of an Insane person." Weatherlngton against Smith, 77 Neb. 869. 6. "Th widow of a testator la entitled, undr subdivision 1, section 176. chapter 31, compiled statutes, 1W6. to th chattels therein specified, and also to $200 In cash from her husband's estste, and said prop erty Is not assets In th hsnds of the execu tor." In r Fletcher estate, Neb., . 119 N. E. 233. i. Prior to the enactment of chapter 49.. laws of Nebrsska, 1907. the widow of a" testator did not hav ths right by electing to take under the law, and not under the will of her deceased spouse, to Inherit his personal property as though h had oled Intestate. 7. If ths widow, during the time her de cessed husband's estate Is In process of ad ministration, is in the custody of the state In th hospital for th Insane and main tained by It without cost to her, or his estate. It Is within ths discretion of the county court not lo allow her anything for support during that period. 8. It Is the duty of a guardian ad litem ot an Insane defendant to submit to the court for its consideration every relevant faot Involving the rights of his ward; but If trje guardian errs It la th duty of ths court to protect the rights of the Incompe tent regardless of ths conduct of the guardian. 15&76. Loosing against Loosing. Appeal, Washington. Judgment of district court set aside; Judgment entered In this court In conformity with opinion. Kot, J.j Meesv, C. J., not sitting. 1. If an estate Is devised to a person generally or Indefinitely with a power of disposition, It carries the fee; but If the testator gives the first taker an estate for Ufa only, with a power to dispose of th remainder to definitely described Individ uals, the express limitation for life will control the operation of th power and prevent It from enlarging ths llfs estate to a fee. 2. Where there Is a power to appoint among certain objects and no gift in de fault of appointment, th court will Imply a gift to the objects of the power. 2. Where th donee of a power Is given discretion In making an appointment, that discretion will not bs controlled by the court provided a substantial gift la made to each object of ths powen, 4. Should the done depart this life with out having exercised the power, ths court cannot exercise th discretion vested In the donee, but will divide th property equally among ths beneficiaries of the power. 5. Where a testator devises to his wife a life estate In certain lands and lots, with th power to "dispose" of or "distribute" th remainder as she sees fit. and later tn th will there is a stattement that the wife Is to give two of their children out of said remainder so much thereof "as she sees fit," and It appears from the will and all or th circumstances surrounding the do ceased that It was his Intention to devise all of his estate and not to permit any part thereof to vest In strangers to his blood, th widow took a power In trust for th benefit of th children referred to and Is not at liberty to exercise that power for ths benefit of. any on else. 6. Subsequent provisions In a will will not prevail to take rrom an estate in tee stm pi, qualities that the law regards as In seperable from It, such as the right to an cumber or convey; they are, howver, op eratlve to define the estate given and may act to demonstrate that, what without them would be a fee, was Intended to be a lesser estate; but If a consideration of the entire Instrument convinces the Judgment that the estate first granted was intended to be a fee slmDle. then subsequent clauses restrict ing alienation and suggesting that the fee should descend to the devisees' children. will not clog or denude the fee theretofore granted. 7. A decree for the specine performance of a contract Is not a matter or right, but rests In the sound discretion of a court. and In such an action, where It anneers that ths defendant la an aged and Illiterate woman, ths,t the contract purports to dis tribute tne estate or ner laie nunnnnn in violation of the terms of his will and that at the time she signed the contract she did not know her legal rights, but was over reached by her children, the petition will bo dismissed. 8. An undelivered deed signed by the donee of a power, who was Ignorant of her rights and privileges, will ba canceled In an equitable aotlon Involving a construction of th will creating said power, and of the r'ghta of all devisees and legatees named therein, 16746. Gross against Jones. Appeal from Saunders county. Judgment of district court modified and affirmed. Hoot. J.; Reese, C. J., not sitting. L A Detltioner In sd quad damnum pro ceedings who owns ths land on each side of a water course at th point where he proposes to construct and maintain a dam does not by a Judgment In his favor and payment of the damages assessed acquire th right In perpetuity to flow the lands ot upper riparian owners, out secures a pnv lletfa w hleh msv be lost by abandonment or non-user fojr an unreasonable length of time. . ... 2. 'A m Her mav also be uninterrupted, continuous and adverse possession and user obtain said right of flowage. 1. If the exercise of that privilege is commenced by virtue of sd quad damnum proceedings, possession and us aiono, no matter bow long eontlnued. will not vest th miller with any title, privilege or right RAILWAY TIME CARD CONTISf'u WEBSTER STA IBTH WEBSTER Mlsaonrl Pacific Auburn Local b 3:50 pm bll:30 am tfctcsgo, St. ran I, Minneapolis ft Omaha Leave. Arrive. bll:46 am Sioux City Express. ...b 3:u0 pm Omaha Local e 6:20 pm b 8:20 pm Sioux City Passenger....) .... Twin City Passei ger....b 6:30 am Sioux City Local C 110 un Emerson Local b 3:65 pm b 11:30 am a Pally, b Dally except Sunday, o Sun day only, d Dally except Saturday. Omaha-Carroll Local. ,.a i:4 pm a .) am OCEAN STEAMSHIPS Cruises de Luxe to tbe WEST INDIES y New R.M.8LT. AVON ft 11.804) Tons TWO rtrUISES r (31 ssrt sack) t inu i FROM NET YOIK JAN. IS sad FCK. It EASTCSt CHUIM (18 dart) t e v i raOM H'iTf YOtS MAtCH Si Also Yarhiiai Tetur by New Tvhviera "BEICVIce" tsrouxh se Weal ladle CeauW' IUntrtt4 SeeJklari s tst TUB BOYU MAIL STEAM PACKET CO. SAMDESSON $M, Oners) totals 32 Stat Street. lark Our Unique Advantages u iK K TUB ,iEST INDIES CRUISES .i Ut tvla-eerev 8. fl. MOLTKIC (13.WW tow, IDKAL. t Trips Durlnf Jan., leb. sal Mirth Ftrfeet arrangements AU sVisth Aaria. uia(. etc., mlta. II ASIUI Hl.-AMA.MI' I INK, 4 4 WtililiHt. KIW VOka. other than thos acquired In said proceedings. 4. In a contest between upper . riparian owners and the proprietor of a mill site over th letter's rlh to reconstruct a dam that has been washed away, th question of whether or not tnrs has been a nen- user of a nrivlles acquired by condemna tion proceedings for such a length of time as to amount to an abandonment of tha right of flowsse. Is one ot fact to be de. termtned In each particular case upon th evidence before the covirt. 6. In such an action the district court was Justified In finding that the owner of the mill site had abandoned Ms right to flow the lands ot the upper riparian owners for the purpose of mslnminlng a publio grist mill, where It appeared from the evi dence that tha principal mill had been dis mantled, and with Its machinery, removed from the mill site ten years next preceding the Institution of the suit; that for eight of those years an occasional grist of a few bushels of buckwheat, rye, corn or oats had been cTonnrt in an ancient building n the premises; that th publio was not served bv ii, c o,i-iiu on nt said mill, which ror months at a ttma was not used at ail; that the owner of th mill site maintained th mill pond principally- to procur oe there from, and thnt two years before th com mencement of the suit the dam was washed away and no steps Whatever had been taken during that time to reconstruct It ' 6. It was error, however, for the court to absolutely enjoin the owner of the mill alto , from constructing said dam, but th Injunc tion should continue only until by sd quad damnum proceedings and the payment of damages assessed thoreln hs had estab lished his right to construct and maintain ths dam. 1K747. Vrans against Vrana. Appeal from Saunders county. Appeal dismissed. Dean, J.; Reese, C. J., nut sitting. 1. An appeal will be dismissed where tha record does not disclose th rondltisM of a final order of Judgment. 3. A Judgment awarding partition and ap portionment of Bharea of th respective parties Is not a final order or Judgment from which an appeal my be prosocuted. 3. Where sn appeal Is partition la prose cuted to this court before the trial, court has acted on the report nt th refer, such appeal will be dismissed. 15761. Johnson against Peterson. Appeal, Valley. Affirmed. Root, J.; Reese, C J . not sitting. v 1. Private property (n Nebraska cannot be taken or damaged for publio use with out Just compensation therefor, and this rule appeals to public authorities exercising ths right of eminent domain In establishing and opening public highways. 1 If a road overseer attempts to enter upon th real estate of an Individual to prepare a highway thereon for the us ot the public, and th owner's damages for the appropriation of said land for that pur pose have not been theretofore ascertained, and payment made or provided thprefor, th land owner Is entitled to an Injunction restraining ths overseer until such damages have been ascertained and paid or payment provided for In accordance with law. 15752. Bassctt against V. ft M. Ins. Co. Appeal, Otoe. Reversed and remanded. Root, J.; Reese, C. J., not sitting. 1. "A contract of Insurance Is a contract of Indemnity and any person attempting to enforce a claim under such a contract must show an Interest In the subject matter of the contract." Htanlslcs against Hart ford Fire Jns. Co. of Hartford, --.Neb. , l'JO N. W.. 435. 8. In 1906. a husband by virtus of tha mnrltal relation only, had no Insurable In terest in his wife's real estate. 1K7.'A Westlake, against Murphy. Appeal, Lancaster. Reversed . and remanded. Rarnes. J.: Reese, C. J., and Fawcett, .1., not sitting. 1. Workmen engaged In the ordinary oc cupation of unloading a railroad car under the direction of a common overseer, ar follow servants within the rule announced In C. B. Q. R. R. Co. against Kellogg, 64 Neb., 127; and the master Is not liable for any Injury to one engaged In such oo cupstlon caused by the negligence of a competent fellow Servant. 2. A servant assumes ordinary risks and dangers of the employment upon which he enters, so far aa they ar known to him, and so far ss they .would have been known to one of his age, experience and capacity by the use of ordinary care: and he Is hound to take notice of th ordinary opera, tlon of the familiar laws of gravitation and assume the risks necessrlly incident thereto. 3. An air pump while being unlosded from a railroad car, and which Is to he sot up for use In a plant to be erected for th purpose of preparing material for street psvlre. Is pot sn appliance 'within tha mesnlng of the rule which requires tha master tn exercise reasonable care In fur nishing his servants with reasonably safe appliances with which to carry on the mas ter's bUHlness. . 18139. Jones against State. Error from Wayne. Affirmed. Letton, J. 1. Questions of fact are for the Jury, and a verdict or finding by thein on a question of fact, where the testimony Is conflict ing, will not bo reviewed. 16175. Sennett against Melville. Appeal from Custer. Affirmed. Root, J. 1. A written offer to sell real estate does not become a binding contract until the vendee accepts the tender according to Its terms; nor will an offer to purchase real property bind the owner of the land Involved, unless he unconditionally accepts the hid. 2. "Courts of squlty will not slways en force a specific performance of a con tract. Such applications are addressed to the sound legal discretion of the court and It will be governed to a great extent by the facts and merits of each." Morgan against Hardy, 16 Neb. 427. 18237. Pennington County Bank against Uaumun, Jr. Appeal from Dodge. Re versed and remanded. Fawcett, J. 1. A Judgment In replevin determines the right of possession at the time of th commencement of the action, and It is not inconsistent with the right of ths party defeated to afterwards assert a right of possession tinder changed conditions. 2. In an action ot replevlng where Judg ment Is rendered In favor of the dufend nnt solely upon the' ground that plaintiffs petition does not sts to a cause of action, such Judgment Is not a bar to a subse quent proceeding by the plaintiff therein to establish his right of property or right of possession, or to-establish any Hen ho may have upon the property In controversy. 16127. Rleger against Schaible. Appeal from Richardson. Affirmed. Fawcett, J. 1. "Tha determination of questions pre sented to tiie supreme court In aa appellate proceeding becomes the law of the case, and ordinarily will not ba re-examined when the cause Is again brought up for review." Leavltt against Bell. 6D Neb. 6K5. 2. "A new trial will not be K ranted a liti gant on tha ground of newly discovered evi dence when it appeai-s that Huch evidence was not produced at the trial of the case because the litigant had forgotten lis exist ence." Upton against Levy, 39 Neb. 331. 3. "To entitle a party to a new trial on account of newly discoveied evidence, it Is not enough that the evidence is material and not cumulative. It must further ap pear that the applicant for ths new trial could not, by the exercise of reasonable diligence, huv discovered and produced such evidence at the trial." Smith against HI'chcock. 38 Neb. 105. 4. "Where the evidence Is conflicting, and th Judgment la supported by competent evidence, it will not be disturbed, even though a different conclusion might havo been leached." Burwell against Lgshmelt, 53 Neb. 606. 15787. Humphrey against Hays- Appeal from Antelope. .Affirmed. . Barnes, J. 1. A decree foreclosing a lax Hen baaed uiHin service by publication where the owner of the land Is a resident of this state upon whom personal service of sum mons could huve burn made and the affi davit fur service contains no statements which would sutliorise constructive service upon the land against which the tax- were as.ased is void, and such a decree may hn attucked In an action to redeem tha piemlBcs from the lien for taxes and re move the cloud created thereon by surh void dicree. 2. In such a case the plaintiff should bo allowed to redeem upon' the payment of th tax lien, ths taxes subsequently paid on the premises, together with ths interest thereon, and the value of the permanent hnijioveinenls, if any, made upon such premises, by the purchaser or thos claim ing under lilm. 3. In an action to quiet title as against a sulu for taxes made umli-i a void decree of ccurt, an uffir to pey such sum n tho court may find due the defendants on account of any lien for taxes paid Is suffi cient offer to do equity and a tnirflclent tender of any taxes due the defendants. Payne aysinst Anderson. Ml Neb. 216. 161W. McCabe against State. Error from Lincoln. Reversed and remanded. Rose. J. In a prosecution n ne district court for selling and for keeping for 4ale In toxicating liquors in violation of law a county judge's search warrant under which defendant's premises were searched and liquors seized is not admissible aa Inde pendent evidence, where It recites that complainant, who was not s witness at lha trial, stated under oath that defendant was guilty of th offense sharged In In information. ' - ,
