"L-f
1i 1 1 i-n ; K M : M A 1 FAT K.l'. VMl A vrXt iVKNiKiM ."r. l ;Vi o7
REAL ESTATE
onth PaknIM 1 onilngrd.
"ACIMPICr: sale of Tetss ranhsnd e
land, ... ! p iii rpi i.icated mar Ibrioid,
1 eaf Smith comfy. Kor immediate taie
we will ti J i-i' i.f tne above tiai't of
land hi fiiif liHif ill actual value, one
HUHitcr riir-ii Imam.- limit time at 6 per
i-ent. Tins is a i-imire tr.u t of f ai ni land
Inoxt all hi niif ln.lv, In he sold at mil v.
T. Wa,k r, 3ti Inanities lliiJ., oniana.
Neb.
i
WELT. IMPROVKl) ranch of seven sec
tions for wl by owner; ;n center of Oray
county. Texan; well watered; priced nshl
Apply to 11 11 Lovett. I'a'jioa, Tex.
Wlaronili,
m ACRF.3 L LAND. cultivated
fcalnnce pa?-ture. -rooin house, latge ham.
chicken house, spring and trout brook 1
1 m iii. i n.ilcs from station, school on lanit,
fi.euo, easy term. loin O. Uamin. Islanl
City State lai.k, Cumberland. Win.
IMKlJWuoii timbered lake frontags
farm at a baiaam, u acres In r'olk county,
WIb, 60 miles from twin cltlea; heavy
clay loam soil; ha f mile lake frontage.
Iota of hardwood saw timber, small thai.
I n K. old buldiriKs; eood neighborhood, only
1.2u0; on eaiy term.i If taken at ones.
Owner N. 8.. liox A. St. Croix Kalis. Wis.
1 lac 11a neons.
HA VIC TOU A FARM FOR 8AI.B OR
TRADE? Or do ou want to buy one?
Max your wants Known through lHtf
lifcl.S llOl.NKi CAI'lTAU the want m.
til u in of Iowa. Hates; 1 cent a word tor
ach insertion. ( cents a Una. 70 cents an
Inch. Circulation, 41 QUO; largest of any
Iowa daily, uive us a trial. Address lbs
Capital. Land I lep t l.'es Moines, la.
REAL ESIAIE LOANS
loOO to tu.uul on Omaha homes. O'Keefs
Heal tstata Co., lull) N. T. Lit. Lou. or
WANTICIJ City loans. Peters Trust Co.
LOW KATES. UKMlS-CAKLUEKtf CO.
1)0-212 Biandeis Theater lildg.
OARVIN HHOS.. 2d floor N. T. Life
to lloo.OW on Improved property. No delav.
LOANS to home owners and home burnt
ra, with priviU-Ke of making partial pay
ments semi-annually.
W. H THOMAS.
OS First National Hank Pldf.
MONK Y TO LOAN Payne Investment Co.
$1U0 to 810,000 mad promptly. F. l.
Wead. VVead lildg., Mh and Farnam.
WANTED City loam and warrants. W.
Farnarn biiillh A Co.. LJZt) Farnaiu tit
REAL ESTATE WANTED
WANT TO BUY
on or two acres close to car and school.
f Sit, Ilea.
WANT to buy, only from owner, good
farm land In west part Iowa, east part
Nebraska or southeast corner South Da
kota. If suits me w.ll pay 11,000 quick and
more March 1. If not cheap and price,
numbers and good description not given,
lo not answer about It. Will not listen to
agents. Swan Hasmussen, Honey Creek,
la.. K. F. 1.
SWAP
WE WANT to exchange our equity In
Bouth Dakota land for a good, clean stock
if general merchandise not to exceed
$;0,0O). We are not traders, but want to get
Into business. We are not agent and have
no agents. Write us If Interested. Wants &
Mates, Oakland, la.'
FOR SALE or will TRADE for a (-passenger,
Ml), Bulck or Keo auto, a good
cement block outfit, Including two cement
block machines with plates, quarter yard
Hatch cube mixer, 8-horse power gasoline
engine, moldings and racks complete.
Price, 11,000. Address Scenic City Land
Loan Co., Iowa Falls, la.
Wfei exenange properties of merit. H H
Culver 811-di K Y. Ufe. Douglas 70e
DOUBLE brick apartment house, t
room, each well located. Will exchange
for land or vacant lots.
TUB NOWATA LAND AND LOT CO..
fed New York Life Building,
Omaha, Neb.
Thotoe Red 1808. A-1721.
1M ACRE! farm, Nebrasks, clear; three
lots Went Farnam district, clear. Ex
change either for Improved Omaha prop
erly. The Nowata Land & Lot Co., (U N.
Y. Life Bldg. Phones, Red 1D! and A-172L
FOR TRADE
We have an equity of H.bOO In a fine
half-section, b miles from Lodge Pole,
Neb., miles from Sunol, on the U. P.
R. A., that we will trade for either a
hardware, or general stock of merchandise;
nothing but first-class stock will bs
iiccepted.
TATE & BARLOW. LODGE POLE. NEB.
IF YOU have anything to trade or sell
ee
A. B. LATHROP. 431 Bae.
WANTED TO BUY
A GOOD Standard wagon scale.. Address
f-Mt, Bee.
BE8T prtoe paid for M-band furniture
carpels, doming and aboea. Tel. D svn.
bcond-band clothing; party afternoon
dreeaeM. John Feidman. D. ilil: A-iuta.
THE best prices paid for broken watches
and old gold. Nathan, lu 8. 13th.
WANTED TO RENT
COUPLE wlabea a clean, modern, large
room, with clostst, near car line or walk
ing distance; about U per month; refer
ences given. W MM, Bee.
ONE or two unfurnished steam heated
rooms, close in; must be reasonable. Ad
dress L u. Bee.
WAMEJ SI i UA HONS
YOUNG man desires place to work for
board and room tu private family while
attending college. boyia College. uoi.t
phonea
SITUATION wanted as housekeeper In
widowers home. Address N- W., Gen.
Del., South Omaha.
GOOD Japanese wants to work In private
family. Aillie A Pee.
GOVERNMENT NOTICES
INDIAN LAND SALE 2.0U0.0OO ACRES
of unallotted land of the Five Ctvtllzrd
Trlbnt In Oklahoma will be sold at public
auction to the highest bidder at the fol
lowing times and places:
SEMINOLE NATION.
Place of No. of Acre- Time of
County, of sale. tracts, axe. beginning,
r-omlnola, Wewoka... 64 3.418 Nov. 21, 1H10
CHKKK NATION.
Seminole. Wewoka... IS M5 Nov. V. 1!)10
Okfuskee, Okeinah... 1W
.) Nov. 2X 110
4.MO Nov. I:. lilO
Okmulgee, Okmulgee, lua
Alolnloah. Hulata..
83i 1YOH) Dec. 14. l!MV
Hughes, IloldeuvlU
247 13.3110 Dec. Pi, 11I)
reelt, Sspulpa
4:3
17. ISO Dec. IS, 1I0
Tulsa. Tultt
Wagoner. Wagoner
f.5
1 SU0 Dec. iii, l.'0
1) Deo. 23, 110
niKlttlKEE NATION.
Washington, liartles-
ville 4 6 Nov. n, 1910
Ottawa, Afton 32 S0 Nov. 21. laiO
liogera, Claremore 1H4 J.SiO Nov. 2;. 1HI0
Craig. Vliuta 2i5 J Nov. S'l, 1SM0
l'elaware. Orove .... t.& 6.AO Nov. 2S, lfio
Nowata, Nowata .... IS lm Nov. 2, 1:!0
Adair, Stllwell i i.ttij Nor. 30, 1V10
Seyuoyah, t-alllsaw... 6.i lu.iOO Dec. 2. T'10
MuskoKee, Muskogee 313 6nlec. S. l.i0
herokee, Tablequah 4 3 ll,4)Ieo. s, I..10
Mayca. Pryor ,s Deo. 13, lnio
CHICKASAW NATION,
flraily, Chlckakha.,.. 1.247 HI 44) Deo. 1, 1910
if-ineiiBr l'uiicaa .i,iu lA.j.tj ieo. 7, lf!0
Jefferson, li an I.oho 74. I leo. 14. lalO
Iaivc. Marietta
1.121 !.) le.o. 1, l!li0
LSI 1-O.4O0 Iec. 23. 110
i-'4 41 MlO llec. 2 laid
Carter, Ardmore
.Murray, Sulphur
liarvin, Paula Valley. L4 A) 107, 3u0 Jan. J, lsill
MoClain, purcell .... k.'it 66.7HO Jan. . 111
Pontotoo, Ada 1.144 16 uuu Jan. 12. lull
Johhscn, Tishomingo lof fxi J Jan. 17.
Marhall, .Ma.lill .... 41 ."0 Jan. 30, lsU
IHOCTAW NATION.
Br an, Durant 7S7 S2 Jan. 23. Ml
Atoka, Atoka l,i li'ilinl Jn. lii.l
Coal. Coaly a'e U 60 ..VjO Jan. 30, 1ml
Iltlsbuig. McAleater.2.r0 212 :tl Feb. 1. IjII
Hushes. Calvin iol ,s l Feb. , 1H1 1
ltlmer, Wilburtoa.'. 2 Is 2"0 Feb. 11. 1ml
llaakuil, Stlger 7:8 4o,Aj Feb. 13, 1H11
lflor, Poteau 62 3t. nil Feb. Ii. 1 y 1 1
Pushmataiia. Antlers " 7u tM Feb. Is. IkiI
Clioctavf, Hugo 4 iM) Feb. 23. lull
UoiJuriaJn. lJabel tllO sv 2vo Feb. iu. UlI
Mot tuera tbaji let aores of agricultural
COVERNVENT NOTICES
(Cuntlntird. )
land In any nation Klmll be sold to any
one tiriFon arid no Denim will he per
mltteil to ptirrin" mote thsn fil acies
ft land other than ettlcuitui al; 26 per
rent of the purcha-e price nniKt bo paid
at the lime of (ni re-tin . hniah'-p. with it
p"r cent, from ilute of oH;e iim fuilona. 2S
per cent vithin n Ttimitht and M per cent
within IS nioiiths finMi d,it of sh1.. l-'u'l
pn tt't iit may he miule nt nnv time, after
wni'h ieel from the ttihnl chief or ov
etnnr and apptoved ti- ttie sel'retllr' of
the Interior wlil he piomptlv Iswierl. Im
meiliut.;v afur approval of i"hIc certificate
f purchase will Issue nn.l the buyer al
ioweii immeihate possession of the lund.
h or lr for", a ion npHv to the I'cminti
loner to the Five Civilize. Trlhe tiie
hied Stjiirs Ipftlan f-'iperintindent
Union Agency, Muskogee. Oklahoma, or
1 office- i f the siifioua litsirirt Indian
Agents or the ComnilH.sl.iner of Indian Af
fnlr. HshinKtoti. I . C. or the superin
tendent of tne Indian warehouse at 11th
and Capitol avenue. Omaha. Nebraska.
Lints of these laiula have been
prepared bv counties, showing terms of
sale, the description of the various tracts
snd minimum p. Ice of aale. It will be
Impracticable to furnish each inquirer all
of these lists and it Ih augirestpd that per
sons. denlilriK such Information Hpeclfv the
county or locality In which he Is inter
ested. nine prints of the various counties show
Ins the location of the land to be sold
ill be furnished to appllruntn bv the Com
missioner to the Five Civilized Trlbea
upon the payment of $1 AO each in the form
of draft or postal money orr'er. J. (1.
WRIGHT, Commissioner to the Five Civil
ized Tribes. Muskogee, Oklahoma. Octo
ber 20, litio. Oct2t-2 N2-6-9-12
RAILWAY TIME CARD
t'Nlnx STATION .Tenth and Marcy
laloa Pacific
Leave. Arrive,
ban. Fran. Overland L..a fc.15 am all:3o ptn
China and J..pin F. M..a 4:10 pin a B:.6 pm
Atlantic Express a 6.46 am
Oregon Express a 4:00 pin a 610 pm
Los Angeies Limited. ...al2:4. pin a 8 30 pm
Colorado t-pecial all:4Hpm a 7:42 am
Denver special a 0:47 am aLI.M um
Coimado Express a H i'HJ ptn a 4:60 pin
Oieon- as n. 1 Jmited..al2.5o pm a 8:20 pin
North Pialte locil a vli am u 4 :4ft pin
Grand Island Lot al a 6:30 pm al0:30 am
Uncoln lieatrice Local. . bl2:40 pm bl:20-pm
( hlratiu, Milwaukee A St. Panl
Oveiiand' Limited all ii pm a 7;5 am
Omaiiu-Chicago Ex b :lo am b : am
Omahu-havunnali lix c 7:15 am c 9:30 am
Colo.-Cal. K a 8:00 pm a 3:26 prn
Colorado Special a 7:57 am all:33 pm
Peiry-omaha Local b 5:15 pm Lll.wi.pni
Ibicnao A Northwestern
NORTHBOUND.
Twin City Express a 7:.'i0 am al0:20 pm
Hloux City Local a 3:4ft pm a 8:2)1 pm
Minn. Dakota Fx a 7:00 pm a :15 am
Twin City Ltd tax Sat). a 8.45 pm a am
Twin City Ltd (ex 8atJ 11:60 pm a 7:J0 am
EASTBOUND.
Omaha Express.. a 7:00 am al2:35 am
Chicago Local al2:05 pm a 8:2S pm
Coloi ado-Chicago a 6:10 pm a 3:23 pm
Chicago Special a 8:02 pm a 7:66 am
Pacific Coast-Chicago. ..a 6:06 pm a 3:28 pin
Los Angeles Limited. ...a 8:60 pra al2:20 pm
Overland Umlud all:46 pm a 7:46 am
Denver Special al2:40 am a 6:32 am
Carroll Local a 4:30 pm alO OO am
Fast Mall a :30 pm a J:35 pn
WE3TBOUNO.
Llncoln-Chadron a 7:60 am all :00 am
Norfolk-Dallas a 7:60 am a 10 45 pm
Long Pine-So. Platte. ..b 2:15 pm b 6:20 pm
Hastings-Superior b 2:16 pm b 6:20 pm
Deadwood-Hot Spiinga.a 3:6b pm a 6:20 pm
Casper-Lander a 8:65 pm all:O0 am
Fremont-Albion b 6:30 pm a 1:66 pm
Chicago, Hock Island Jfc Pacific
EAST.
Rocky Mountain Ltd. .al2:!W am alO:4S pm
Chicago Day Express.. a 6:45 am a 4:30 pm
Chicago Local 1'aas bl0:3u am bl0:ltf pm
Des Moines Local Pass.a 4:0u pm al2:46 pm
Chicago Express a 4:40 pra a 1:16 pm
Chicago Limited a s:ue pm a 8:02 am
WEST
Chi. -Neb. Ltd., Uncon. a 8:20 am a 6:47 pm
Colo. A Cal. Exp a 1:26 pm a 4:80 pm
Okl. & Texas Kxpresaa 3:30 pm a l:2o pm
Rocky Mountain Ltd...al0:6o pm al2:30 am
Chicago Great Uiiters
Chicago Limited ........a 6 48 pm
Twin City Limited a 8:30 pm a 7:63 am
Twin City Express a i:00 am a 8:30 pm
Chicago Express a 3:45 pm
V aim all
Omaha-St Louis Ex.... a 6:30 pm a 8:25 am
Mall and Express ....a 7:30 am all:15 pm
btanb'y Lcl.Urom C.B.).b 6:o0 pm bl0:15 am
Missouri Pacific
K. C. & St. L. Ex a 8:20 am a 7:li am
K. C. A St. L. Ex., ex
cept Saturday all:16 pm a 1:60 Dm
K. C. & Si. L. Ex.. V
Saturdays only 12:00 pm
Illinois Central
Chicago Express a 7:00 am a 8:45 pm
Chicago Limited a 6:00 pm a 8:00 am
Minn. St. Paul Express. b 7:00 am
Minn. -St. Paul Limited. a 6.00 pm a 8:00 am
Barllngton Station 10th and Maaoa
Barling, ton
Denver & California. ...a 4:10 pm a 8:48 pm
Puget Sound Express... a 4:10 pm a 3:,6 pm
Nebraska points a 8:20 um a 6:10 pm
biaek Hills a 4:10 pm a J il pin
Lincoln Mall b 1:20 pm a!2:15 pm
Northwest Express ...all :25 pm a 7:i0 am
Nebraska Points a 8:20 am a 6:10 pm
Nebraska Express a I: 16 am a 6:10 prn
Lincoln Local b 8 0. am
Lincoln Looal a 7:26 pm a 7 60 pm
Schuyler-Plattsmouth ..b 8:06 pm bl0:20 am
Flattsmouth-Io a a 9:1S am a 8:6) am
Hellcvue-Plattsmouth ,.al2:.10 pm a 2:40 pm
Colorado Limited all:25pm a 7:00 am
Chicago Special a 7:15 am all:0. pm
Chicago Express a 4:20 pm a 3.65 pm
ChU-rgo Fast Express. .a 6::x) pin a 8-:u0 pm
Iowa Local a 9:16 am a 10:30 am
Creston la., Local a 3:30 pm al0:30 am
Ft Louis Express ....a 4:30 pm all :46 am
K. C. ti St Joseph al0:45 pm a 6:46 am
K. C. A. St Joseph a 9:15 am a 6:10 pra
K. C. A St Joseph a 4:30 pm
(a) Dally. b) Dally except Sunday, (c)
dally except Saturday.
Webster Station ISth aad Webstar.
Mlssoarl Pacific
Auburn Local b 1:60 pm bl21B pm
Chicago, at. Paul, Mlaaeapolle at
Omaha
Sioux City Express b 2:00 pra bll:48 am
Omaha Local c 6:20 pm
Sioux City Passenger b 8 20 pin
Twin City Pat Hener....b 6:30 am
Floux City Local c 8 ST. am
Emerson Local b 6:66 pm b 8:10 am
OCEAN STEAMSHIPS
THE iiOYAL MAIL mt't?m-
cruises ds Ltii to
(uba Ursl ludirs Panams Bermadg
BtTIMlf Yi.X3' Experience in
(he West I miles Pa nuiiKr Trade.
R.M.S.1. HAVuN"i0B
Jan. 91 tav days) fl40 and up.
J'eb. 18 (32 days) $1.0 and np.
March 99 (19 days) 8b3 and up.
Tie onlr btmr lrullng in th Weal In.
dla pttclalljr cuiulrucl for seniles lo th
Trol.ti-.
Weekly Sailings from New Pier 42,
N. it., N. T.
Bermoda-Cnbi-Jamaici "-wtt
I ts ticti
On Altsrnats SttuMiys by WMt Indian Mail
Mteamrrm nd liil.rvenint Saturday by ihs
"0MWMrA8U8 "TKENs"
Sanderson 8t Son. 91-94 Stats SU If. Y.
14 Ta Ba'le St. Chicago.
WINTER CRUISFS
4., FKH.. Jk M4HCH. llt
to uroT mmco
the wloi mu lo
' S. S. M3LTKE
Sim Crulaea te tft Orteut, goals
aaierlra. asS Arvnna the Vl'arM
HAMBl Hi:-4MKHir4 I ISM
41-45 Broadway, g. T.
Or Lotal Agents.
ine uee aims 10 pnnt a
paper that appeals to in
telligence; not to an appe
tite for scandal and senst
tion. fTl T-b A e
2BS?
-ex1?
SUPttLME COUHT DECISIONS
Opinions riled Uviuurr 11U0:
lu.L Hibble SKanit itiiinori. Appeal
iroui Ratine. Aliit iued In pal t and re
manded witn dlrecuoim. Cuils 111 this court
iaat'1 aga.n.-i aiipeuees. t-awcett, J.
1. It Is tne duly ot an aoiiuiii.Mi aior to
uho reaso.iatue iilit:utue and mxpati'ii In
lemitia ln estste cvinmitted to mm and
111 delivering tne lenldue of mien e.-tate
to tho heirs and dlsiritiuter.i tiiereol; aim
.or audi services he is entlteid to creuil
ior lua reasonable attorneys teefl, expenee..
and coinpeii.-Htion; but If he negligently
or in bad falin unreasonably oca.-) tov
.-etlleiuehi 01 tits eM.ue. he 1 llaole there
lor to tiie helra anil distributees of u n
estate for the !atutnry interest upon an
moneys in his hands or under his control
a sucn administrator from the tune when
mien iuni,j,-s should have been paid by lilm
lo the oaie of payment of the same.
2- Where It appeals tnat -tn adminis
trator has defended a suit to which there
was n lact no meritorious defense, the
mere fact that counsel aovlsed him thai
ne ha. I a defense la not sufficient: lie must
so turtner and show facts and circum
Kiunies sufficient to show that he aclen
reasonably.
i. Aim 111 such a case, where auch facts
and circumstances are not shown, the ad
ministrator Is not entitled to credit tor his
attorney's fees or other expenses In
making such defense. .
4 Where the heirs and distributees 01
an estate In process of settlement In the
mate courts, without any Just cause there
tor, bring stilt against the administrator
of said estate In the federal court, the ad
ministrator Is Justified In defending sucn
suit and Is entitled to credit on his account
us sucn administrator for his reasonable
attorney's fees and expenses In making
such defense.
l'S"y.I. liundee Realty Company against
Lavlit. Appeal from Douglas. Afiiruied
s-edgwlck, J.
1. A puchaser of real estate from one
who has already sold and conveyed tne
same to another whose deed is not rec
orded cannot hold the land as an innocent
purchaser without notice, actual or con
structive, of the rights of the prior pur
chaser. i. Ihe burden of proof Is upon the party
who alleges that he purchased without
notice.
6 1 he plaintiff purchased a lot In Omaha
and failed to record his deed, but took pos
session and caused the grade to be lowered
oy removing large quantities of soil tliere
Irom at an excuse of nearly $2tn. After
wards the detendant purchased tne lot at
about one-half of Its value from the
grantor and caused his deed to be rec
orded. Held, that defendant Is clisiReable
with constructive notice of plaintiffs
right in the lot and is not an Innocent
purchaser without notice.
lt14S VN eich against Adams. Appeal from
Douglas. A f firmed. Hoot, J.
1. A statement in an answer that the de
fendant Is not Indebted to the plaintiff la
not a deniai of any fuct upon which the
right to recover depends, and raises no
issue.
2. Where an objection thet a petition
does not state a cause of action Is not
Interpo.ed until after the commencement
of the trial of a case, the pleading will
be liberally construed, and, it possible,
bustalned.
8. If, at the time a statement Is made, a
witness makes a memorandum thereof and
knows and testifies that the memorandum
is correct, he may produce the memoran
dum and testify therefrom, although he
admits that he has no Independent recol
lection of such facts.
16147. Dtigan against County of Cedar.
Appeal from Cedar. Rerersed and re
manded. P.o&e. J.
Where a tenant occupying school land
under a lease executed by the state flies
with the county clerk pursuant to notice
a claim for damages to his leasehold on
aocount of the opening of a highway on a
section line and appeals to the district
court from an adverse decision of the
county board, he la entitled to damages
to the extent of his Injury without Joining
the state as plaintiff.
16148. Blenklron Bros, against Rogers.
Appeal from Cedar. Reversed and re
munded. Sedg-wlck, J.
L A merely verbal change In a contract
that does not vary Its meaning In sny
essential particular, nor affect the liabil
ity of the party to be charged thereon. Is
an immaterial alteration.
2. In a contract for the sale and de
livery of grain, the promise was named
"Rlenklron Grain company;" the name of
the corporation had recently been changed
to "Blenklron Bros, incorporated;" no
other substantial change had been made
In the corporation or Its business, but by
mistake "he agent of the corporation had
used an old blank In which the former
name was printed. The promisee upon dis
covering the mistake corrected It by eras
ing "Oraln company" and Inserting "Bros.
Incorporated." Held, an Immaterial alter
ation. 16160. The County of Hamilton against
Cunningham. Appeal from Hamilton. Af
firmed. Karnes, J. Rose and Sedgwick,
J. J., not sitting. Root, J., concurs in con
clusion. 1. A county treasurer Is not liable on
his bond for Interest which he has not
collected and has been unable to col'ect
upon the public funds In his care unless
It sppears that some act or neglect of his
has prevented or hindered the collection
of such Interest
16143. The Iowa Hog and Cattle Powder
company against Ford. Appeal from Web
ster. Affirmed. Fawcett, J.
"The trial court la not required to sub
mit s case lo the Jury unless the evidence
support'ng It li of such a character that
it would warrant the Jury In basing a
verdict upon It." Chicago. R. I. P. R.
Co against Sporer. 69 Neb. 8.
16144. White against Musser. Appeal from
Sheridan. Affirmed. Reese, C. J.
1. In an action in ejectment defendant
claimed under adverse possession for more
than ten years. The evidence Is examined
and found to sustain the verdict of the
Jury and Judgment thereon in favor of de
fendant. 2. "A tax deed purporting on Its face to
convey title to land, although void for
failure to comply with the statute, affords
color of title under the general statute
of limitations." Lantry against Parker
87 Neb. 361 55 N W. W2.
1C146. Ritchie against Illinois Central Rail
road conipanv. Appeal from Douglas. Af
firmed. Reese, C. J. Let ton, J., not sit
ting. The Hllnols Central railroad company
was extended Into this state from Fort
Dodge, la., having Its terminus In the city
of Omaha, where It maintained Its station
and agency. The Minneapolis & St. Paul
railroad company had a line of railroad
running northward from Fort Dodge, la, to
Minneapolis snd St Paul, Minn., but no
part of its line of railroad entered this
state, nor la It shown by the evidence that
It had any place of business or agency
within the city of Omaha, or elsewhere In
this state. The Illinois Central company,
by Its agent, sold plaintiff a coupon ticket
In the usual form, which authorized plain
tiff to travel over Its line of road' from
Omaha to Fort Dodge and thence over
the line of the M. & S. road from the latter
city to Minneapolis,1 and return, as a pas
senger and while passing over that line
of road plaintiff received the injury com
plained of. This suit was brought in the
district court against both companies, and
service of summons was made upon the
Ulinosi Central company in the usual man
ner of service of summons on railroad
companies and upon the 111 nols Central
company and Its aent as the managing
SKents of the M. & 8. company. Held, that
the mere sale of the coupon ticket, such
ss are sold over connecting lines generally,
did not constitute the Illinois Central com
pBtiv or Its agents the. managing agents
of the M. &. S. company upon whom service
of summons might be made.
18U.1. Reams against Olopine- Appeal
fiotn Franklin. Affirmed. Letton, J.
Heese, C. J , not sitting.
1. Inexactitude In the language of an In
struction stating the Issues Is not ground
for a reversal when the Jury are not mis
led thereby.
2. Whether or not a Jury shall be al
lowed to v ew the premises in an action for
daniaKes caused by flood waters is within
the leual discretion of the court, and unless
ft Is clearly shown that this discretion has
been abused It will be presumed that It
was properly exercised.
S. A Judgment w II not be reversed and
a new trial granted on account of an error
In the admission of evidence where the de
fendant has not been preludlced thereby.
16166. Traurerman agaiast The Nebraska
Land & Feeding Co. Appeal from Cherry.
Affirmed. Ietton. J.
I pun in Issue as to whether a certain
contract of sale was abandoned and re
pudiated by the buyer, a verdict based
upon a finding that the contract was not
abanloned will not be disturbed when
there Is sufficient competent evidence to
support It.
16157. Ies Moines Bridie A Iron Works
against Marxen A Rokahr. Appeal from
Seward. Affirmed. Root J- Reese, C. J.,
not sitting
1. A board of supervisors In contracting
for the construction of a court house may
lawfully require the contractor to pay fur
the material used In the erection of said
build ng. and a bond executed to secure
the faithful performance of that contract,
enures to the benefit of the materialman.
2. In such a case the materialman will
not be prejudiced by the failure of the
supervisors to require the contractor to
produce receipts signed by the material
men and laborers before paying-the con
tractor for constructing the building.
8. If the bondsman n his answer adm'ts
the execution and delivery of the bond,
the niatarla. man peed aol prore that the
1 .
tfsrd of supervisors formally approved It
4. hile It Is the duty of the cl-rk ol
the district court In entering a Judgment
against two persons, on" of whom Is the
ItincpHl debtor and the other a urctv.
to rettify to tho""e facts, yet. ,t itnlirment
Is enteied In strict conformity to a sufm s
tion made to the court by the surelv. It
"'II nm be heard to complain on appeal
to this court concerning the form o
ti e Judgment.
1HIi l'hoen.x Mutual I.lfe Insurance
Company against the City of Uncoln.
Appeal from lmcaster. Reversed and re
manded. Per curiam.
When the (h ie, initiation of a contro
versy cannot he hud without the presence
of new parties to the kii t. the code directs
the court to order them to lie brought in.
Code. See. 46.
1ii71. liurnham agnlnst Chicago, Burling
ton yulncv Railroad Company. Appeal
from Ijincaster. Affirmed. Rose, J. lt
t"n. J . not sitting.
1. In a petition a general alleg.itlon of
negligence is sufficient, if not assailed
by motion.
2. When a case Is retried In the district
court after a general reversal on appeal,
the trial court In construing an admis
sion made by plaintiff at the former tr al.
should consider the situation of the par
ties at that time and the circumstances
under which the admission was made.
3. A plaintiff, by trying his case and
recove Ing an erroneous Judgment under
allegntlons which, when proved, afford
him no remedy, Is not precluded from re
lying on other allegations of the s:ine
petition after his Judgment has been re
versed on appeal and the cause remanded
generally.
4. In a suit against a railway company
to recover the value of a horse which
running on the track ahead of a train,
was struck and killed bv the locomotive,
whether the engineer by the exercise of
ordinary care could have stopped tiie train
In time to avoid the collision after he saw
the horse and blew the whistle to frighten
It Is a question for the Jury, where there
Is competent proof to sustain a verdict In
favor of plaintiff on that issue.
1tiiA7. Kvers against .State. Error from
Dixon. Affirmed. Sedgwick, J.
The district court has no Jurisdiction to
grant a new trial, In a ctinltnal case,
upon application by petition filed after the
term of the trial.
lfi21. Wilson against State. Error from
Brown. Reversed and remanded. Reese,
C. J.
1. The names of witnesses upon which
the state relies to prove the charge Against
one accused of crime should be endorsed
upon the Information at as early a day as
practicable after the discovery of such
witnesses, and In all cases before the cause
Is called for trial, and reasonable time
after such Indorsement should be allowed
to enable the defendant to prepare for
trial.
2. A Juror In a criminal prosecution,
where the defendant Is accused of murder
In the first degree, disclosing on his voir
dire examination that he has an otl"lon
as to the guilt or Innocence of the party
You
Bbi18--HHM8MM r- ; ; innt.--l-Mm2r.k. .J
W8MisMsMI feSMUftMaiaMi
One day in 1843, while addressing the United States Benate, he pictured that portion of country, which we know
today to be full of natural resources, many being already developed, as being nothing more than a burden to the nation,
then in her infancy. The following is bis description of this wonderful section:
"What do you want of the vast and worthless area; that region of savages and wild beasts, of deserts,
" " " mm-"-'mmmmmmmm ii ij issa-aa-aa-a--sssMaaa-assssl
of shifting aanda and whirling wind, of dust, of cactus and prairie dogs? To what use could we ever hope
to put those great deserts and those endless mountain ranges, impenetrable and covered to their very base
with eternal snow? What can we ever do with the western coast, a coast 3,000 miles, rockbound, cheerless
and uninviting? "
The Western Land-Products Exhibit
to be held in Omaha January 18 to 28, 1911
Will show what use has been made of this worthless(?) area, and what the possibilities are for its future. In 1909 Nebraska's
cereal crop alone was valued at $165,979,000. In this same year this state produced $4,914,000 worth of potatoes and $13,
650,000 worth of hay. In 1909 there were thousands of settlers in the irrigated sections of Colorado, Wyoming, Utah, Idaho,
Montana, Oregon and Washington, who received as high as $1,500 and $2,000 clear profit from a single acre of ground. This
eihibit will consiet of real live exhibits that will show you what others have done and the man in charge will be full of in
formation as to the localities awaiting thousands who may have the same opportunities as those who have gone before.
The Omaha Bee and
The Twentieth Century Farmer
wish to convince the people about the wonderful possibilities of the west, and they are backing up the Western Land
Products Exhibit because they realize that an exhibit of this kind will show people more of the real truth about this won
derful section than any amount of pure talk; and their real interest in the upbuilding of this empire is due to the fact
that they realize that it is upon the west that Omaha must depend for its future progress and greutness.
Go West and
Grow With It
mm
chained, and being shown that such opin
ion Is formed. In part, upon bis actual
khowicdfce of many of the facts to he
I'M'inl on trial, his personal inspection of
Ihe place w here Ihe Iragfdv occurred soon
after the commission of the alleged f
lense. his Mi-it to the home ol tne ric
ceased the evening .of and after the al
l K''fl knlini:. his personal acquaintance
with the deceased, his lodging during the
niKlit of t tie" trsKcdv at the same hotel
where the accused hoarded, his knowledge
of the arrest of the accused the next mottl
ing and hearing remarks by Nie people
pn ent that they thought the accused was
guilty, should render him Incompetent to
sit a a Jutor In the trial of the case
.1 II Is the policy of the law that a per
son charged with a capital offense, and Is
placed upon trial therefor, should have am
ple opportunity In the examination of
mors as to their qualifications to act as
such upon the trial, to ascertain the facts
as to their competency, and his right In
hat behalf should not be unreasonably
abridged or denied.
4. In a prosecution of a defendant
"ImtMtl with minder In th first le 1 it,
It Is error to allow proof by the state, In
making its case In chief, that the accused
.ad committed the crime of desertion from
he 1 nltcd States army a short time prevl-
ns 10 the alleged homicide.
6. The evidence showed that the accused
was a married man; that his family re
sided In the state of South I akota ; ' that
.ifter coming to this state he bad agreed
o marry another woman with whom be
was on Intimate terms, the woman with
whom Ihe agreement was made being
worn as a witness to prove the facts of
he promise, but the marriage relation had
:iol been entered 'nto '1 he pi'oseculiou
caused and procured the wife of the ac
cused to come Iroui .-.outh I'nkota, take
ier place within the bar during the trial
.mil procured a witness to designate and
mint her out to the Jury. Held, Improper
tiractice.
0. hile It Is the right of a trial Judge
In the exercise of a sound discretion, and
n case of urgent necessity, to Interrognte
vitnesses on the trial of a criminal case,
ir even the accused himself when upon the
witness stand, when essential to the ad
ministration of Justice, yet the practice of
so doing should be discouraged and, In
some Instances, condemned. Should this
discretion be abused, or prejudice to the
accused be apparent, a new trial should
be ii run ted
7. The constitution and laws guarantee
to every person a fair and impartial trial
by an Impartial Jury. The obligation to
protect these constitutional rights devolves
upon the courts, and no court when called
upon to set can Rhlrk or evade the respon
sil'lllty cast upon It by law.
8. In the argument of a cause to the trial
Jury In a case where the accused was on
trial charged with murder In the first de
gtee, an attorney for the prosecution said
to the jury: "If this Jury finds the de
fendant guilty and does not bring In a
verdict recommending the death penalty,
no member of this Jury need come to me
and apologize, or to apologize 10 anv mem
ber of the audience." This la held to be
11 find your opportunity
in the new west
Daniel Webster s mistake
Land information bureau
Bo many ef our readers bare written us from tlmo to time, asklDg us for reliable Information
as to soli, climate and value of land In localities In which they were thinking of locating
or buying for Investment, that we have decided to establish a Land Information Bureau.
This bureau will make investigations and gather data, so that It will be able to either
answer Inquiries direct, or give parties wanting information the names of reliable persons to
whom they ctn write.
When writing, address. Land Information Bureau, Th Twentieth Century Farmer,
Omaha, Neb.
such a gross violation of the rines of aig 1
merit as to require the strongest censure,
and no coudemtia tlorr of tiie language hy
the tilal court can effectually ol. literate
C e uiy and prelu.llce which might re-
i T'l.-cl
161iS. Kruse against Johnson. Appeal
ui. J.
. ..tie loe iciHin of a const. ib reclt
Ing that he served a summons on defendant
b leaving a copy tneieo ,it m- 1
place of resilience Is assailed ns false In
a suit In equity to cancel 11 judgment .in
tiered by a lustlce of the reaoe on the
fa th of the allege! fu se return the petl
Hon should state that the place where the
copj was left was not at the time de
fendant s usual place of residence, If that
fact is relied upon ns a .iou..u o, , ,
able relief, or state facts equivalent t
sin h an allegation.
2 In test tin the sufficiency of a petition
mere conclusions of law should be dlste
ga riled.
p.M::. Holmes against State. Error from
Harlan. Affirmed. Fawcett, J.
1. Where the evidence In the record Is
clearly sufficient to sustain the verdict
of the Jury this court In considering an
assignment that the evidence Is insuffi
cient to support the verdict is not required
to set out nny part of such evidence.
2. Where objections to Instructions given
by the trial court are clearly without
merit this court Is not required to set out
such instructions In Its opinion.
8 Record examined and held, without re
versible error.
16718. Ward against City of Lincoln. Ap
peal from Lancaster. Reversed and re
manded. Barnes, J. 'Rose und Sedgwick.
J. J., dissenting.
1. L, a city of the first class, entered Into
a talld contract for the construction of a
sidewalk, the cost thereof to be paid bv a
special assessment to be levied on the lots
abutting the Improvement; the sidewalk
was constructed according to the contract
and the city levied a special asssment
upon the abutting lots to pay for the
same; thereafter the city failed and neg
lected to collect the assessment and en
tered Into an agreement with the owner o'
the lots by which it attempted to relras.
them from the lien of the special assess
ment and caused the same to be cancelled
and discharged of record. Held, that such
conduct on the part of the city rendered
It liable in an action to recover the con
tract price of the improvement
16723. Ward against The Aetna L'fe In
surance Co. Appeal from Douglas. Re
versed and remanded. Sedgwick, J. Reese,
C. J d ssentlmr.
The law of the case as declared by this
court must control In the subsequent trial
In the lower court; and If upon such trial
the evidence shows without substantial
conflict that the defendant Is not liable
under the law so declared, a verdict and
Ji i :u nt aga nst the defendant will be
re-" sod as contrnv to the evidence.
Ifd:i4. Wafers against Hart. Appeal from
Sal ne Affirmed. Reese, C. .1.
1. Where, In an action at law, the cause
1 -..h-n tte.' to 'h-' trial court noon con
flicting: evidence and there Is sufficient lo
sustn n the finding k' the court henrit
the cause, the court will not rev ere tie
Jutlcoont. even if there was s-itflclen:
ev id n e to have s'islaln-d a f'tuling
favor of the opposite puttv.
2 In such case this court Tvill not welch
conflict ng evidence" Fisher again.
Ktam. ti.; Neb . LM1 : gi N. W.. 4.3
lMuV Westing aga-nst Chicago. Murlln
ton t.'umcv Railroad Co. Afflrnie.l
Kami .1 . S-dgwick. J . and Reese. C. .1 .
concurring separately.
1 A Judgment will not be reversed for
a variance between plaintiff's allegatioi -
nnd h s proof, unless It Is ebarlv shown te
be material and that the defendant has
been misled thereby to Ills pre.mdlce in
making his defense.
J lilies the matter of variance has In
some suitable manner, been brought to the
attention of the trial court, a court of re
Mew may decline to cons der It.
3. In an action fcr damages rlearlv
shown to have) been caused by the cscapw
of fire from a railroad engine, the burden
Is upon the company to show that the en
gine was properly constructed, equipped
ami operated.
4. Where the plaintiff bvitbe evidence of
cobipetent and disinterested witnesses fullv
establishes bis cause of action and the
amount of bis recovery, he mav decline u.
testify in his own behalf, and his ommis
slon, while upon the witness stand, lo state
the amount of his damage does not re
quire the court In his Instructions to com
ment unfavorably upon that fart.
16."ii. Critser against State Krror from
Franklin. Reversed and remanded with In
structions to enter an order discharging
defendant from offense for which he was
committed. Sedgwick, .1.
1. Under section of the criminal cod"
the accused, If committed to prison, must
bo brought to trial before the end of the sec
ond term, having tuiisdi.il, m of the of
fense," which shall be held after indictment
found. A term of court nt which no Jury
Is called and only equity business trans
acted la still within the statute, "being a
term of the court having Jurisdiction of the
offense."
2. At the end of the second term after
the term at which the Indictment Is found
or Information filed, the accuesed not hav
ing been brought to trial if the delay bus
not happened on his application. It is error
to permit the prosecuting attorney to dis
miss the case without prejudice to far
ther prosecution; the accused la entitled 1,1
be discharged, "so far an relates to the
offense for which he was committed. "
Votiotna (ilrl Retired from Tnrf.
BOSTON. Nov. 4. Sonoma (llrl. the fa
mous trotting mare, has been retired from
tlin turf by her owner. Mitot lita CYab
trce of this city. The mare's last race. It
Is expected will be at Phoenix, Avis, it 1,
understood that with her retirement from
the turf Sonoma Girl will pass from the
ownership of Miss Crablrce to a leading
stock firm.
Go West and
Grow With It
r tvt-tS
VTTv?'f' ; "ii