t
T1IH OMAHA. MONDAY, JANTAKY. 8. 1912.
TRADE WITH SOUTH AMERICA
Business with Uncle Sam's Neighbor
Shows Remarkable Growth.
THREE HUNDRED MILLIONS YEAR
Imports 0(111 I'.xreeil KiporU, hat
Latter A re Oalnlna Hapldly
toffee l.arceat llr
llfin,
Washington, Jan. 7.-Triie hetwcen
the I'nlted Plates and tintl Amer
ica In the rali nilii r year Jimt ended
was practically $.W.ft..0"0 In value,
a total In ckccm of that nf ntiy earlier
year. In lf0, the limit! between the
I'nlted Plate and that continent nnffre
vaterf IH4.i"0O.ii; In 1W6, r.'ll. ,; In
ISM, l."'0.'ir.0'i; and In tho firm eleven
months of 1911 for which ilctaliB are
avallalili. ;'TS.(O'.(ni0, of which ovr UV
ftvinmi leprescntcil the month of Nrm-
her, thiiK Indicating for tin- complete
calender year a total of fully .V,0i i.i i0.
Our Import from South America atlll
exceed our export to that continent,'
thntiKh the latter arc rapidly Ruining In
the proportion whlrh they f.rm of the
total trade, in IW, Import were valued
at $livj.0nn,nnr, exports at f 1 1 ."'.". export
thin being 23 per rent of tin- tnnl trudc.
In the eleven month of 1011, Imports
were JW,iloD,ono and export $ini.m',i"i.
the latter being W per cint of ho tntnl
trade.
The Import Into the I'nitiil State
from South America ate chiefly drawn
from the following coumrle. In the order
named, the total being estimated for the
full calender year based upon eleven
month", flgurea already compiled hy the
bureau of statistic. Iepnrtment of Com
merce and Labor. Prom Hi anil the totnl
la likely to be $100,oon,onn, compared with
HM.Oun.fiOO la ft . year; from Aracntlnu.
I,0.M0, compared with .T2,tO),0'l In
3910; from Chile. US.OOO.om, agiiinxt
ArO.Oni) in the preceding year; from t'oloni
hla, 110.000,004 agalnat 7,7GOlo in 1!HI;
from Tena. K,000.,0no. against tx,:uO.WO
In 1110; and from Venexuela. S.:n,ojO,
compared with 7,2fi",O00 In the preced
ing year. From Krnador the year's Im
port are m little over M.oni.oM), from
Hrltlwh Outana, a tittle lees than !,
"rtyono and from Dutch Guiana about II,
OOt.OOO. The bureau nf etatletka etl
mate the year'a Import from Routh
America at approxmately $JS.1.0fl0,0no, or
allghtly leaa than the figures for 1910,
which were II 89.010, (WO.
Ksports Show Growth.
. Rx porta to Smith America, on the
. ether hand, show a marked Krowth when
. compared with those of a year earlier,
the eettmated total for 1911 being ilSI..
1. :,, compared with !0(,orio,noo In 1910,
. the former high record year. To Ar
gentina, the largest South America mar
ket for American product, our etportu
Increased from H2.7M,nno In 1910. to an
estimated total of $M,0nn,n00 In the year
Jut ended; to Brasll, from IS.ono.fl'O to
:,000,000; to Chile, from 110,000,000 to $15,
CHVOon; to Peru, from lea than JL1.000.Orio
tn practically M,000.oo; to I'raguay from
M,SOO,000 to M,SOO,000; to Veneauela, from
H.000.O0B to 14,000,000; and to Colfhnhla
Irom M.W.000 to a little over is.ooo.ooo. ,
Foodstuffs and manufacturers' raw ma
terlala are the principal claasea of mer
chandise Imported Into the t'nlted States
from South America, while manufacture
make up the bulk of the exports from
the, United States to that continent. Of
the I1E.000.000 worth of nitrate of soda Im
ported Into the United Statea practically
all IS from Chile, nraiillan coffeo sup
plea a large proportion of this Maple re
qulrement of American break f ax t tables,
from a half to three-quarter billion
pounds per annum coming from Uraxll,
compared with about flfl.OiiO.ooo pound
from Colombia, about 40,onr).ooo pounds
front Veneiuela, about 12,000.000 pound
from the East. Indies and about I.MO.Ow)
pounds from other countries of Asia and
tweanlca. From Peru we Import nearly
o,0o0,00 pound of copper pig, Ingot,
etc., and from Chile about lS,ooo,OCO pound
of copper ore. About 25 per cent of our
imported cocoa and cacao, crude, come
from Brasll and Ecuador, their combined
total ranging between 25.0O0.0nO and 30. 0v.
000 pounds per annum, out of an aggro
gate of from 100,000,010 to 130,000,000 from
al countries.
Cotton anal Haaanaa.
Even cotton l Imported to a con
siderable extent from leru, about 4,0oo.0
pounaa In the year just ended and larger
amount In - certain earlier years, lie
tween 1,00,000 and S.ooo.000 bunches of ba
nanas are Imported Into the United States
from South America annually, while prac
tically all the ll.00u.006 worth and upward
of cream, or Braxll, nuts Imported 11
year came from. Brasll. Argentina, Co.
lombla. Uruguay and Venesuela, are lm
portant source for Imported cattle hldea,
while goat akin and sheep skins are Im
ported from both Brasll and Argentina
In considerable quantities. Between ono
half and one-third of the Imported India
rubber I from Brasll, that country hav
ing furnlDhed In 1910 4O.0u0.0nQ out of a
total Importation of 10l,000,0u0 pounds.
Our Imported wool la largely drawn from
South America. Of the 40.000,000 pounds
of clothing wool imported In lyll over
J3,000,000 pounds were from Argentina.
' while the remainder waa moetly from the
United Kingdom, Auatraila and Taaina
ula. Considerable quantities of carpel
wools and some clothing wool are also
Imported from South America.
The leading articles participating In the
. Increased exports to South America are
agricultural Implements, cars, carriage,
inanuractures of iron and ateel, lluml
Dating oil, cotton goods, lumber, flour.
medicine and meats.
CANDIADTES FOR OFFICE IN
CHICAGO ARE SUBPOENAED
: CHICAGO, Jan. 7. Kvery candidate for
I'Ubllo office In recent ura In Chicago,
It her In primaries or direct election, was
- bervea eieraay with a subpiena to tes
tify In the casta brought against two po
litlcal watchers who were arrested an
. loiterers aa they stood before the door of
the pity clern aeveral weeks hence, wait
Ing to file primary pet It loirs. Their reason
I that the first name filed heads the bal
lot.
On the list of men served are Mayor
Harrison, his chiefs or staff, the manag
ing editors of every Chicago dally new
paper save two, municipal judges, former
Mayor Kted A. Buaae, Alderman Charlea
Merrlam. (sLtyernur Charles H. Inera
I'ostmaster iMmlel Campbell, the elec
tion commissioners, mercliaais and others
Interested In elections. It Is trie largest
list of pubUe officials and thoa who
ought public offices ever directed te ap
pear lit a suit In Chicago.
There Is no setter medMne made for
tolds thaa Chamoerlain's Cough Itemedy
11 acts on natures plan, relieves the
lungs, opetis the serretkitis, aids expec
toratlon. and restores the system to
l.calthy condition. For sals by all drug
Owls
'WP -i llltoilil
3" Ams-t IMi
1 J - " -
Proceedings of the Supreme Court
l!472 I'nlrlrk aaalnxt lluiker. Appeal
from Imuajtii. Affirmed Hoot, J. 1 aw
("tt. J., cdricurrlna ciarutely.
1. "A decHloii of till court holding that
a petition ntate n : mixe of ni tlun I an
Hdjud.cutlon lliut the fuct pleinled will.
If Admitted or proved, entitle tho plain
tiff to the relief denmrMled." Smith
agaliiHt Neufeld. HI. Neh. O.W.
-' "A Judgment will not tie reverwed for
a- variance between plaintiff allegiitliin
and hi proof nnleHji ltl clearly shown
to he materlnl und Hint the defendnnt
ha been misled thereby to hi prejudice
In making hi defenMc." Wonting astilnst
C, II. Q. It. Co., 7 Neh. ImTi.
a. Where excluded evidence I not ma
terial iinles otlier proof In made and no
evidence it received or offered to etab
llh that proof, uch exclusion will not
Jnllfy revemlug a Judgment of the dl
trlct court.
Iiiwio- Martin Hu-iilnt llutton. Appeal
from Imwe. A f tinned, itoot, J.
1. An action for money had and re
ceived will He to ret over money secured
from tlm plaintiff without consideration
In reliance upon fraudulent representa
tion made by the defendnnt.
2. "A person In Justified In relying on a
reireentatloi made to him In all cases
where the representation I a positive
statement of fact, und where nil Invextl
Ktition Would he required to discover the
trutn." Terry against Roger, fi-.' Neb. MS
. S here a defendant by the ue of
fraudulent repi est-niallonn Induce a pro
posed entry man or government land to
believe that the land he dealre ha l.een
enieied. Inn that the defendant will se
cure a relinquishment of that nntrv If
pnld a sum of money and the money is
paid in good faith upon the strength nf
those representation tlm enirvin
discovering the truth mav maintain a
suit In the nature of an action lor money
had and received and will not be required
to abandon the land as a condition prece
dent to maintaining the action.
4. The fact of axency may be proved by
clrcutostantlal evidence.
1T0. Kn st National Uank of Buchanan
County agalnxt Kxchange Hank of ling.
Affirmed. Hoot. J. Sedgwick and Kuw
celt, J. J., dissenting.
lw74. Mclnlnch analnst Evan. Itn.
versed and remanded. Hose. J. I.etton.
concurs In conclusion. Fawcett. J..
not slulni;.
17119. Hackett llllnil -The Alamlln
Sanitary Kalry Compuny. Affirmed. I.et-
ton, j. names and l awcett. J. J di-
seiitlng. , , -
1704S. Tlernev aKainst . (lleson. Juds-,
mont of dlstric court reversed; plain 1 1 ft M
action again ilefendatita. illeson apiC
iinnninKiiam. Uihiii hscu: anions" asatiiKt.
defendiiniH, Security Mutual Life insur-'
anno comiiaiiy und John Tierney, sr.. dis
missed without ineludlce. Harries. J.
Sedgwick. J., dissenting.
1,049. IIbhh aualnNt Wellner. Affirmed.
Heese, C. J., Uose, J. dissents.
l.to. Harding against Hoard of T'.nuall-
SHtlon of liouglus county. Affirmed.
Itoot. J
17usX Kvner airalnnt Wlilttemore. Af
firmed, llarnea, J.
17119. State ex rel. McKee against
oiler. Affirmed Hoot. J.. J.etton. J..
concurring; Sedgwick, J., dissenting;
lawcett, J., concur In dient.
17179. Keexer ucalnst Stake. Affirmed.
Hoot, J.
hollowing are iuIIubs on motions for re.
het ring :
161.su. (lurd,- asalnst Nve-Schnelder-Pow.
lor company, tiverruud.
1C4:1. Sllson again! Wilson. Motldn of
appellant for rehearing overruled. Mo
lion of appellee for rehearing overruled.
1'WI. iieink iigalnst I.ewiM. Overruled.
lf.'OS. Coon Httsinst Smith. Overruled.
Stors Hiewlng comuanv aaalnst
Hansen. (Hal argument ordered on mo
tion for rehturliiu at session comnieneliie
January I A 1912.
loU'l. Mudra aaaltiKt Oreellnc. Over.
ruled.
Iti6i4. Hlado agulnst liraper. Overruled,
ltf.. Koop against Acken. Overruled.
. If. as a matter of fact, the agent
waa nut authorised to make the contract
and because ot lis assumption of power
iu uu so in principal is damaged, he will
be liable In daiuagts to It.
T. Hut the purchasers and the retail
merchants cannot over their objections
be sued Jointly with the agent because of
ne iransLetiona.
t'Jtij. McKay una Inst finite Krrur from
Antelope, ttetcrsed and remanded. Faw-
'rn, j, i.etton, J., UiSBeiitlng In pxrt.
1. An information lv fuunv lui anhv.
If It chargea the commlss.ou of the of
fense aa subsequent to the date utMin
which the iniorinaiion In filed or on an
otherwise Impons.b'e date..
2- And in -u it a case It la error for ttu
trial court, after permitting an amend
ment curing uch ttefeit, to ren lire the
used, over h,s i.lilectioh. to Immedi.
ately proceed with the tiial, without ar
raignment under and plea to the only In
formation filed which stated an offense,
without giving luin the statutory time in
which to plead thereto, and before a Jury
which had been Impaneled under a void
information.
8. here one accused of u felunv 1 nut
upon trial under an infoimation void u)Hn
t.. unu. HiuT mat uegun, mo in
foruiatiun la amended and thu iriai nr.,.
ceeded with, held, thut the aocuseil is
noi incrcny piansi in Jeopardy u ei-cond
time.
1. Under the provisions of Hei-ti.,,, k
chapter 7, Compiled Statutes, private
counsel can only be permitted to assist in
uie proaeiuilun ot a person charged with
inn crime or leiony, w lien procured by
tho county attorney, under the direction
of the district court
o. And an order hv the district eoor-t
at the opening of the trial, (hat an at
torney appearing as private prosecutor.
uuut-r in uiupio mem or outsiue part s,
la "penultted" to tksln in the proseuu
tlon, is nut a compliance with the statu
tory provision.
. And when tlmelv obieotlon l ma.ii
by the accused to the participation of
such private proaecutor In the prusecut on
of the cuse, it U error to overrule such
onjeciion.
I. An accused In a criminal prosecution
la sniitled to a tr.al uoou couioeieiii.
relevant evidence; eviuvuce which at least
innus to esiaonsn ins gu.ll or lunoceace;
aud evidence which has no such tendency,
out wii.ch, if tilccuve at all, couid only
serve to rxciio the uunds aud Intiame the
passions ot the jury snouid not be ad
mitted. i.w-. bokol against Le. Motion ot ap
pellants to advance sustained, appellee to
erve and die answer brieia by October
J, Ull; cause set for bearing at session
.onunencing November 4, lslL
li.t. Mi Ininrh asainst Kvans. Motion
-f appelant to auteod briefs suslSJlied,
apleliant given ten das to file reyl
ollefs.
P.V41 Csss county ax a In Sarpy county.
Motion of appellant to advance auautlned:
appellant given ten days after service of
ppellers' brief wlililn hirh tn serve and
lie reply briefs; cause set for hearing at
esaioii commencing November -O. 111.
1.4. Wsrd against Aetna IJfe Insur
ince noiiiptiiy. Motion of appellant to
dvauce sustained: appnilee alven until
iM'totw 3. iiv, to serve and fl'e answer
Install New Officers
L'
,. ... llll. 1AJ1.A1, W.. I'i.it !
ji.ei"; faun, set for hearing at session
lou.eiicniK .ovetnner it, lilll.
rollowing opinions were tiled:
i.xiis. I'eny ueHinst Clark. Affirmed.,
-oot, J.
Ciiil. Korslia against the Nebraska Mo
..no i'niw f i rn i oi ri y . He versed and re
i lliarxlod. iiaint-s, J.. lleese, C. J. and
ancett, J., iliNSentiug.
Iiit-J. Wl.soti against Wilson, Ke versed
und remanded wnh direction, liiese. C.
4.; Hoot, j., concur In purl and dissents
,n I'art.
li.iti. lloyd against Lincoln N. W. U.
Co. Afilrmid. elgwlck, J.
I'V.. i laik Implement company against
ay. Afliimi'd. Heese, C. J.
Iii'il.'i. oulhern Itea.ty compuny against
iliinnon. Alflrmed. I.etton, J.
PjoIN. Mnllh ngalnxl Coon. Affirmed,
i, arnes, j., Sedgwick, .1., not sitting.
HiiU. Mud. a uttaL.st Urorllng. Aff.rimd.
f'awci-tt, j., Meugwiuk, J.. not sinlng.
liiX'4. lilado against Draper. Aflirmed.
uarnes, J., Sedgwick, J , not sitting.
Itk.lii. Mapes analtiHt Holton. Affirmed.
Hoot, J., Medgwlck, ,1., not sitting.
liM..'il. Colin against Hutterfleld. Ke
versed und remanded. Hedgwlck, .1.
It r,J7. Hosla.h against Micks. Affirmed.
Hose. J , hedgwicK, J.. not Hitting.
l;'it;4. Hurr, ndmlnlstralor, against Iowa
Slain Traveling Men a association. On
motion tn modify former Judgment of re
versal, vacated and set aside: ordered
that If the plaintiff file a remittitur of
all of the present Judgment except S2.600
and Interest thereon from February 18,
I'M. to the preterit time, within forty
days, Judgment of district court to that
ixtent will be affirmed: otherwise Judg
.nent reversed and cause remanded. 1.
iuch remittitur I filed, plaintiff to puy
out on this appeal In till court, de
endant to pay cost In district court; I.
..ch remittitur is not filed, conls taxed
. plaintiff. I'.arne. .1.
l-WOI. I'rttchett aiilnst Collins. Affirmed.
Fawcett. J.. Hedgwllk. .1.. not sitting.
17177. Stnte ex rel. Mutter against l'apll
llon Drainage district. Atllimed. letton,
J Sedgwick, J., not sitting.
T'i7W. Chicago, Itock Isliind ; Pacific
Hallway company ugalnrt Stnto Hallway
commlhSlon. On motion for rehearing
former Judgment nf reversal adhered to.
.Motion for rehearing overruled. Sedg
wick, J., lleee. C. J., Uawcett und
Hose, J., dissenting. '
liii IS. petiuiau against Plttlnger. Af-.Irined.-
Hose, J . Ke se, C. J., Hoot and
( ttcn.'J. .1., t.ricuri ,n seiiaralely.
lUTtti'-flepliensoii ni;Blnt Murdock. Af
rirtnid. Hoot. J Sedgwick. J., not slt
rjfijf Pi7((l-Hlake against West. Affirmed,
names. J. Sedgwick, .1., not sitting.
Following urn rulings en motion Tor
rehearing: ...
PilHIi Oundy against Nye-Srhneldei -Fowler
Co. Orul argument on motion or
uered for sosnIoii commencing .November
. Pill.
Piul Chupln OKalnst Village of ollege
View. Oiul argument on million ordereil
for session commencing November , llill.
ItiSia State ex rel. Bute against lllage
of College View. Oral argument on mo
tion ordered for session commencing No
vember . 11H1. i a. I,
iiuin swanson against Union btotK
Varo i'ii. overruietl
HUC-Mauy agaliiHt lllnrlch;. Oral ar
gument on motion ordered for session
commencing November . 1911. '
link's Ulrard Trust Co. against Dickson.
Overruled. . ,,
IMltt-KIaelcy nguinst Norfolk National
Hank, overruled.
IMIll-MeCarthy against Benedict. Oral
argument on motion ordered for session
commencing November tl, 1U.
14J2 hiieslde against Adam l.xpress
Co. Overruled.
im:k tloliowuy iigalnsl Tllllson. Over
ruled. iullli Mueller against William F.
Moecker Cigar Co. tiverruled.
1i.4j llarse against Vtamer. Motion ol
appellant lor reneanng. Overruieu. Mo
lion oi uppellee tor rehearing, overrund.
juilgtiieui heietolore enteieu apportion
ing cosis nrodified. All cosi taxed to
appellant.
im.u l.und against Nelson. Overruled.
IMiH siraiion against McDermott.
Overruled. , ,
iw.-iinn against Frederlckson. Over
ruled. 1WM Walden ugalnst Bunkers Life
Ass n. On errulcd.
VOM. llson against Wilson. Appeal
from Oosper. lleversed and remanded
with llisirucl on. Hoot J.
1. A hiisi... . appointed a guardian of
his Insane. w..t a estate sustains a pecu
liarly close and confidential relation to
her and will not be pel nulled to use hei
property or his position tor his advan
tage or to her detriment.
2. The county court may authorise a
guardian to Invest hi ward's -fmiaa and
the guardian should apply for directions
In case he holds such funds and a
threatened foreclosure of a; real estate
mortgage may, It prosecuted to a con
clusion, result - In the sacrifice of her
dower and homestead Interests In tile
mortgaged land; and the fact that while
sane she proposed to permit tho land to
be sold at Judicial aale so that she could
secure money In lieu of her Interest In
tho real estate, will not Justify Inaction
on hi part.
3. If tlie husband and guardian of an
Insane womnn purchases at Judicial sain
real estate wherein tdie has dower and
homestead estates which have not been
admeasured, upon becoming sane she may
hold hi in an trustee without regard to
whether there was active fraud tn the
ti ansactlon.
4. A county court has exclusive original
Jurisdiction to seitle I In) accounts of guar
diunH appointed by it. but If some fea
tures of that accounting are also in
volved in ail action in eoulty pending In
the district court between the guardian
and ward and the contention with re
spect to the guardian's accounts Is pend
log in that court on appeal, the district
court snouid cunsulluate the cases lot
trial to tint the rihia ot the psrtlej
will be luily protected.
&. Where, in an action to foreclose a
real estate mortgage, the court appoints
a guardian ad litem for an Insane woman
wiio has a dower and a homestead eetats
in the land and the general guardian
lalla to protect these estates, the genera
guardian will not solely for that reason
be liable in damages.
(. A guardian should account to a ward
for all proiita made by Investing or con
verting her funds and if not authorised
by thn county court to Invest the funds,
will be-held for lawful interest altiio
regard to the profits made.
17011 Wilson against Wilson. Appeal
from Uoapvr. Heversed and romainted
Per Curiam. No syllabus.
17VA fiiaiilslcs against State. Krror from
l-aiicaster. on motion of administrator
to revive. Motion overruled. lr Cur.
rum. No syllabus.
4. Certain lands, and ths Intended de
visees were fully so-lfWd and described
In deeds executed with the will; these
y.J... ., ., !,(,. nalALUI'lOA,
Wds were described and Identified In
the will and duly witnessed and deposited
with the will as a part thereof. Tne will
provided that tno land so deeded to tlie
said Kiautce therein 'shall be hrld mid
possessed by them then-after (att.T the
death of tistaioll absolutely In fee sim
ple." Held, a valid devise of the lands
so described to th (.iMiit.esi so named.
1W1.1. Duval agamm Johnson. Appeal
from Keye Paha. Reserved n.nd re
manded. ijSton, J. Hose and Itoot, J. J.,
dissent.
1. Where In an uctlon to foreclose a
tax lion brought against u non-resident
neither the record nor the tiles In the
ce riirninh proof that a notice for con
structive service wa ever published a
judgment In such proceedings 1 subject
to collateral attnek.
2. a tecltal in the judgment that "the
court tind that due and legal notice ot
the filing and pendenev of this action
was given the defendants" will not suppiy
the lack of the facts neccssury to confer
Jurisdiction.
ItitiL'n. Nemaha Valley Drainage District
No. 3 against .Stocker. Appeal from
Numuhu. Heversed and remanded, l.et
tc n, j. Fawcett, J., not sitting.
1. In levying an assessment by a drain
age iiiKtrlet thut portion of land taken
for tho rlixlit of wav of tho ditch should
not bo asm ssed In the land owner from
whose premises it Is taken.
2. in such awsessmynts exact nicety of
apportionment is impossible. If tho re
sult of the improvement will be to spe
cially benefit eacn tract or subdivision as
u wnole n is immaterial whether within
It limits there ate portions which are
riot susceptible of cultivation and the
valuse of which if taken by themselves
and disconnected from the remainder of
the tract would not be enhanced.
1061'rt. Nemaha Valley Drainage District
No. 2 against Skeeii. Appeal from Ne
maha. Affirmed. ltton, J. Fawcett, J.,
not sitting.
Upon an examination of the evidence It
Is held to sustain thu Judgment of the
district court.
lj.'i. Nemaha Valley Drainage District
No. i against liiggins. Appeal from Ne
maha. Ailirmed. i.etton, J. Fawcett, J.,
not sitting.
In oruer to sustain an assessment made
by a drainage liuai-it unaer ciiupter in I,
U Itkw, It is not essential Unit toe levy
be cunimed to that portion ot a tract of
land liable to be actually covered Witn
water in limes of tiood, if tho improve
ment auds to tno vai'ie ot tne winno of
the owner's lanu or to an entire govern
ment sutidtvision tho assessment may W
nana uccoi duigiy .
ItMll. '1 Hlson uhainst llollowuy. Appeal
from llutlulo. ivcveiscd and iciuuiiaed.
Iveese, C. J.
I. I nuei the provisions of section lilK,
chapter l omp. St. mil (Ann. St. ilill,
st c. issn'i, an cxeci.ior or uuuuuistraior
has t lie t-iKui to imwt-Mi.on 04 uu ine nt,
eel ale una rsoi.al piopcity belonging 10
luc tsiMlo oi Ii.h tu-ccoei.t. ill urut r ,0 en
lolve itiul tiMiit lot may iiiuiutaili eject
ment, uga.nsi 0110 wlinout tlllo anu wrong
itoiy in i.osne.-ision.
:'. Vv hero a loreign probated will Is ad
mitted to pivnute in tins stute by a
county court having Jurisdiction ot the
sooject innucr, aim irom which no appeal
has been la lien, the proceed. ng., una decree
ot the proD.tiing court are uiiioiasoilt) in
evidence 111 un uctlon in ejectment ny the
uuiiiuiiotiator 01 1110 cstaic of lliu oevlseo
unoer too will.
il. Wheie land, which a testator hud the
power to iin.po.'to 01 by will, arc devised
to one who is in life at tlie tone ot tno
oeoiase of such testator, tno devisee be
conie.i vested with the title thereto, sub
ject to tne proouung 01 the will, in the
aosence of debts, and the pionuting 01
the will alter tlio d.atn ot tne utiwsec
renders cllectual the title 111 111s. or nei
vtaie.
. Kiiero a deienuunl in 101 ejectment
suit picuuH tin lob ansner una u,.ou uie
ll illi oners cV iul-llee lellu.oK to prove
II. S IUU-,hkt' Ol too lUlltl 111 UiopulO 11 Olll
ll' liullus.i, tinner Wltoau Will loUlttllll
elUtoia me mi nit III OL too puiciutao pi .a
elltl 4.oeSeM.oU uoue-l' ilio I'Uulittil Oi pu.-
ttiuse, it la ci tor to tieciue. too catu w.iti
uui uCiel ni.llioa liliii i.-sue.
iwn. .M1....1.U vH.iey 1'imriMge Insinei
io. ti agaiosi iiiai coiiiut, ipieui ii'otu
iNeniuna. .iii.l ineu. l.et loll, j. t-awut-u,
.1 , ll J t Blltlllg.
1. it is e.ii.eivnl to center Jurisdiction
oil 1 nt) Uifeti'.ct court on Ufpvai xioui a
Ucaniig upon ooject.oiia to n.u aoeaaiuetiv
Oi i.!it.a to pa tiiecosi oi tue titipiovc
1ne.1t oy tne uuunl oi sutieiieor ot a
uiaiiiago uisti tci oiganii.eii under 111c pro
visiona 01 cnapter iui. i.aws liMt, u tne
"secietary snail iiiukm and lue a tiau
sciipi ot said ueai.ng togelner wan an
tlie paper rcial.na t..eieto wan tne cieiK
01 tne o.sun t coii't in w inch saut mattcr
lias I't-cn uiii'ealed. '
i. 1 tie amendment made In l'.luQ of chap
ter lul. Laws iim, cooiiiioniy known an
the l ea bouy act, ' by which certain pro
msioiis providing lor the tiling iu ciauns
tor namages and a hearing 1 hereon hy
the iHiaru of suiervisois .11 connection
wlih tne assessment, were omitted Irom
the amended act, i.eld not to tender the
amended tut unconstitutional as being In
violation of section 21, article 1, ot the
constitution.
il. In the taking or damaging of private
propel ty by a drainage d.sirli t corpora
tion in carrying out tne purpose of it
organisation, the same principles apply a
to Hie ascertainment of damages as in tho
exercise of Hit1 right of eminent domain
for the location ol a highway, the con
strut Hon of a railroad or like Instance:
where property Ik taken or damaged for
public use. .
4. The fact that a rpeclal proceeding Is
not provided tor In Hie act In o,uostkn
for the ascertainment of damage to land
not actually taken does not Interfere with
the right of u land owner to maintain an
action at law to recover his actual pecuni
ary loss, If any.
5. A diainage district corporation
founded uiidtr chapter liil. Laws links by
the terms of section 37 Is a body politic
and corporate and may sue and be sued.
ti. W here an engineer was appointed to
maku a survey, estimate and report for
a drainage district, under the act of :X,
a topograph cal survey and maps and
profiles made in substantial conformitv
with the provisions ot the act as it then
stood, which was filed In January, l!u9,
was sufficient to vest the board of super
visors with Jurisdiction.
7 A person signing articles of Incor
poration for the formation of a drainage
d.s.rict under chapter 141, laws llaiii. can
not limit the powers of the corporation
aa to the manner ill which the territory
within the district shall be drained by
expressions In the petition filed for ths
purpose of the formation of the dis
trict. V v'here a general plan or scheme
sdopted for a drainage district consisting
of over ao.000 acres of land in a river
valley provides as a part of the plan for
the straightening and clearing put of the
channel of the river and the excavation
of certain lateral ditches In order t more
uulckly dispose of water from overflow
and that arising from surface, waters
flowing Into Hie district from high lands
adjoining, and the evidence shows that
the lateial ditches are necessary to the
c-impleie carry. ng out of the plan or
f-chenie. the mete fact that some of these
(literal are not so situated as to confer
a rtir.ct and Immediate -belief it nn a land
owner within the dictrii t. cannot operate
to relieve his land of il fair proportion
tit the common burdi 11.
K" The fact that an exact mensurement
of the benidl's which niny accrue to land
within a drnmace district cunnnt be as
certained w It n matin melleal acc uracy
'ntil afier the completion of the scheme
does not render the ditm..ge so specula
tive and conjectural Iri their tiniuro ns to
be InipeJT'wllilH of ascert.tl tunc lit before t'.ie
Improvement is made.
lu. Kvldctv" examined and held suffl
clt nt to su.-'t;iln the findings and Judg
ment of the district i-oort.
1 lilT, ('off ngalnst Supremo I.n.lge Hnynl
Achate. Appeal fn 111 Douglas. Affirmed,
Fawcett. J.
1. In construing n contract of Insurance
In r fraternal belief .clary a?soci,itlon, for
the purpose of dote 1 inlriin j v. Iictlnr the
statement tnndr' In the written nppid ntion
therefor were Intended to l.e n irrv;i nla
tlons or warranties, the court will take
Into i-onnliif ration the rituali' 11 m" the
parties, the suhket mutter, und t!,r lah
guago employed, and will construe a
"tatemcnt made therein to be u warranty
only when It c!earlv Hpper.r that ni'h
was the intention of the contra t:r.g par.
tie and that tlie miim of each party
consciously Intended and const ntrd thut
such should be the Interpretation of hi
statement. Aetna Innuraticn company
aualnst Simmons. 4.1 Ncli.. Ml.
2. And In order thru the statement in
urh Rpplkatlon shall constitute a (li
feline to nn action upon the certificate nf
nn inhi r ulilp or policy of Insurance, Issued
to such applicant. It Is incumbent upon
the association to plead and prove that
the answers nets fale In some particu
lar material to the Insurance rlk, and
that th association relied and acted
upon thor answer. ibid.
3. A contract between ho adult man and
woman, not rein ted to each other, thut.
If tlie latter will enter the home of the
former and act ns hi liouekeener. he
; will support her and at bis death leave
'hap I.I., ....(a,.. 1 1. ...1,.,. ... ....tn.:.,
i.in rri.ii-, tr nv., wnrir IIIC iriaui'lis
between them are nt nil time moral and
proper, forbidden bv law or obnoxious
to public policy.
4. Where n woman, who Is without
means. In good faith leaves her home
and work und assumes and for years
faithfully performs the duties of a house
keeper for a member of a fraternal bene
ficiary association, not related to her by
consanguinity, under an agreement that
in consideration for such services he will
support her, and at hi death leave her
bin estate, and no evidence is offered
showing any improper relation between
them, hold that she thereby becomes a
dependent upon such metnbrr, and a such
is eligible a a beneficiary In a certifi
cate of membership, IsHtied to him by the
association of whloli he Is a member.
1HJ49. Taylor against Harvey. Appeal
from Scott Bluff. . Affirmed. Rose, J.
1. Under tho revenue laws of NehTaska
general taxes on real estate do not be
come a lien thereon until October 1 of
the year in which they arc levied. I'omp.
6t., ch. 77, art. 1, sec. 14.
2. In a warranty deed a covenant
against Incumbranced is not broken by
grantor's non-pavment of . taxes which do
not become a lien, on the iftnd conveved
until after the deed la executed and de
livered. .
lSSM. Ixiwo against Keens. Appeal from
Buffalo. Affirmed. Uose, J.
1. Where defendant goes to trial on
the Issues raised by the pleading a a
whole, without attacking the reply In
any form on the ground that It Is incon
sistent with the petition or that it
changes tlio cau.se of union, iUmay be
held on appeal that he waived those ob
jection. In a suit on subscription obligating
a defendant to pay one-fourth of the
cost of tho nave of a .church edifice,
plaintiff, under proper pleadings, may
provo fact showing defendant wa
estopped by subsequent conduct and
statements from urging the tlefen.se that
the entire building. Including such nnvo
and the chancel, was constructed at one
time, insterd of the nave alone, as con
templated by the subscription and the
original plans.
3. The cost of a nave constructed with
the chancel and other, parts of a church
edifice may be shown hy builder and
contractors who are competent to testify
to separate Items comprising the total
cost of the entire structure and to the
proportion and amount attributable to the
nave.
4. In an action at law excess In the
amount of tho recovery should be called
to the attention of tho trial court by
the motion for a new trial to maku the
error available on appeal.
MuSS. Antelope County Hank agulnst
Wiitiht. Appeal from Antelope. Af
firmed. ' Sedgwick. J.
ThffTlolder of a promissory note for col
lection may maintain un action thereon
In his own name if the note Is duly en
dorsed by the payee named therein.
l(iS:9. Sibley fe . Davis against HoU
gers: -Appeal from Antelope. Affirmed,
lysines, J.
1. Where the statute of limitations Is
pit ailed as a defense to an action on a
promissory note, and that 'question Is sub
mitted to tho Jury upon conflicting evi
dence, under proper Instruction, a court ot
review will not disturb-the verdict.
2. Where n defendant pleads a total fail
ure of consideration as a defense to an
action on a promissory note, anil his evi
dence ut inoFt tends to prove only a par
tial l:itluro ot consideration. It is not
error- in refuse to submit that defense to
the Jury. . .
1711 1. Armstrong Clothing company
against Hoggs. Appeal from Luncasler.
Affirmed. Barnes. J.
1. Ordinarily. 11 father I, not liable to
pay for clothing, purchased by his minor
son. Hut where ruch purchases are made
with the father s knowledge nml consent,
and bis conduct Is such that the seller
may reasonably Infefc that the father au
thorized them, he may be hcid liable
therefor.
1. An account kept by 11 tradesman in
a book called a loose leaf ledger, rliown
to be his book of original entries, and
which contains many successive chargea
against the defendant at the time the
transaction occuired, upon being prop
erly verified as provided by section 3ki
of tho civil code, may be admitted In
evidence us a book account.
l.vul. (iasier against Kia;e of Caster.
Appeal from Cuming.- Heversed and re
manded with direction to affirm tin
Judgment of the county court. Root, J.
1. Reconciliation between and renewal
of co-habltutloii by ' husband and wife
will abrogate article of separation there
tofore executed by them.
2. Section 7 of chapter 23, Compiled
statutes, which provides ' in substance
that unless a surviving spouse, within
one year after letters testamentaury 111
Issued on tho estale ot a spouse dying
testate, files with, the county Judge a
written election to Inherit the deceased's
estate as though he had died Intestate,
the survivor shall bo deemed to have con
sented to take, under the will and no
under Die-law, will nut prejudice an in
sane spouse for whom tne county JuiU
has made 110 election.
3. An oral demand by the guardian to
litem of an insuno widow made to th .
county Judge at tho tlmu tho decree o
disti llnitlon Is entered tn the matter of
her deceased husband's estate, that slit
should receive a share of the -estate as
though the husband hud tiled liitestate, ii
approved by the county Judge, conslltuie
an election for her by him und I Miffi
dent to sustain her right tinder tlie law
.,1. , ir.tf. rd against Kluzel. Appeal
from ( in,, his. Aff. lined Fawcett, J.
1. Where u wife of sufficient mind to
understand the nature and Import of he
act. in lt voluntarily leaves her home in
this state,, the title to which Is in hei
husband, and returns to her kindred an.
former home in Indiana, and sliorth
thereafter the husband also permaneutl)
removes to such Hate, und bolh there
res-.de, either together or separate an:
apart, this will umount to a change o"
residence of both, although five or sis
months after such rcmoxal the wife i
adjudged insane and committed to a hos
pital for the insane; and the home o.
both, at the time of such commitment
would be in Indiana.
2. And in such a case where the evl
dence is sufficient to show that at Ul
timo of their departure from "lis stat.
neither had any Intention of leturnln
thereto, and that at said time the wlft
had no Intention of ever again asserting
her homestead rights In and to her hoiro
here, held, an abandonment by her of hei
home and of her homestead rights In the
land which constituted the same, and
that the husband therafter may convey
the same by hi Individual deed.
17K'I. Dot rinion against Howie. Appeal
from Hlchariison. Affirmed. Fawcett. J.
1. In a law unilnn whore the evidence Is
sufficient to sustain a j ulgmcnt either
way the judgment of the trial court will
be sustained on appeal.
2. Sc tlon I' .'. coi.e. requiring- at least
three days' notice as- n condition prece
dent to tho commencement of an action
of fori hie entry nnd detention, confer
upon n tenant a 1 .rht which ho may
ctln-r iM upon or waive.
X. Anil if, upon th" trial of stub nn
action, he olijtrts to the introduction of
a noth e. de.'ivtlve In that particular,
w lih h ha bein tlulv reived, upon other
specific ground." on!", he will be held to
i..te waived such defect
lUVS. Jacob airalnst Ooodrleh. Appeal
from Douglas. Aflltmrd. He' sc. C. J.
1. There I no 1 urn rolling miethn of
luw Involved In this inv. Tlio evidence
w as conflicting. The cat!" v. as submitted
to Hie trial J111-;.- on proper Irstrurtlons
A verdict was returner! iu favor of plain
tiff. Where t,hr evidence Is conflicting,
it 1 t;-.o province of ih jury to deckle
oll"stioi,: nf f(,et , a . viewing court
cannot Interfere.
2. Where the evltb nee show without
conflict that nil (,-nVcrtinieiit "pfl 1,at
iP'-nurni'titM aitnin o,n t,..-i........ .:ipi..i
of the city of Omaha have tfi n lost ir !
ileal roved uv.d none of tiiern can be found,
that tlie curbstones along the streets,
h iving been i stabilslu d 1 legal au
thority, nre tb.. only safo monument liv '
r.-hl.-h engineer and stirvr vnrs can he1
tallied, and that the ensteni of using!
I hem a nt:eh monument..- nj Hi, .,,.iv
avalluhl one, boss been adopted n pur'h
city, t-ood faith measurement from them
by tllslnteri :dcl engineers and surveyors
will trit bo held invalid.
ln.-i-'. Sulril:e agulnst Dobson. Appe.il
from Lancaster. Affirmed. Sedgwick J
Hceae. C. J it sitting.
1. One who has been defrauded In the
exchange of prrqiprty may elect to
rescind the contract and return the prop,
crty whltti he has received in the ex
change, or to retain the property re
ceived In exchange? nnd recover damage
Me cannot retain the property received
In the exchange and In an uctlon for dam
ages establish an pqultahlp lien upon the
property which he give In exchange.
2. A fact not itself directlv In issue but
relevant 'to the Issue being tried, may be
proved without pleading It.
3. The common law of a Pisler .state
may be proved by "books nf reports of
case adjudged In their courts-." code 4j,i
lo prove the law ,r Missouri plaintiff
offered the decisions of the supreme court
of that state In certain cayes named with
tho pages nnd volumes In which the
decisions ore reported: the trial being
to the court it Is held that thia evidence
was properly admitted, and, the record
showing nothing to the contrary It will
be presumed that the court examined and
acted upon these decisions.
4. In an action for damages, if the evi
dence shows substantially that the plain
tiff was damaged in at least the amount
found by the Mai court, the Judiment
will not be reversed because the exact
nnd full amount of the plaintiff's dam
ages is not definitely shown.
bV.7H. City of South Omaha against the
Omaha Bridge nnd Terminal Railway
company. Appeal from Douglas). Affirmed
Root, J.
1. A coimon carrier In 1M01 by condem
nation proceedings acquired tho right
to construct and maintain turnouts and
tracks for tho storage of cars upon
parts of nn alley and two streets within
tlie city of Smith .Omahn'. Held, that
the city, under the peculiar provisions
of its charter and tho facts In the case
should recover substantial damages.
2. In such a case, the Issue having
been tried to tho court Without the as
sistance of a Jury, the judgment will he
affirmed If there Is sufficient competent
evidence to sustain the recovery.
ItitiOi. Hopper against Hopper. Appeal
from Douglas. Affirmed. Sedgwick, J.
Convenience means much
to the business man.
f iWSiftfV.U-t vj-
J U!ir i'v-'
offers the best office location for the man who must bo
within convenient roach of tho main business channels
of the city. It adjoins the city hall, is across street from
the new Douglas county court house, within a few steps
of the theaters and hanks and near the main 6treet car
lines. There is no better location in the city.
The building is thoroughly modem, with excellent
new elevator service; beautiful interior decorations,
steam heat and tho most careful of janitor attention. A
few choice court and outside offices are vacant just now.
Booms 601, 603, 605 A very attractive suite on the sixth floor, facing the
court. This space being near tlie top of the building has an abund
ance of natural light and good ventilation afforded through the sky
light to the court 601 is 14x15-6 and has vault; 603 is 11-9x19, and
605 la 11-9x36. Space will be rented en suite or separate to please
desirable tenant If you 'need a large space at a reasonable rental it
Will be to your Interest to see this proposition.
Boout 006 Her Is an exceptionally fine large effice facing Far nam street
and also having a west exposure. The space Is so partitioned aa to
make four rooms, all being well lighted. .,111 addition there is a vault
In one cornei of this room which bus shelving, providing an excellent
place to kee. private paners, records, etc. Think of it 640 square
feet of floor spaco renting at. per month 695.00
kootoi 488-430 The lsrger room Is a corner space having a north and east
light: size lSMD'i. We will partition to suit The smaller room,
42S. has nort 1 light and Is 10x19. These rooms will be rented either
singly or together. Ask us to show you these.
The Bsd Building Co.,
3e Business Office, I7th and Fa nam Stt.
Free Land
The Twentieth Century Fr.rmer, to meet the demand
of its readers for land information, has gathered and
compiled data on soils, climate and fanning conditions
in all parts of the country. It is willing to give out thia
information, free, if postage is sent with inquiry. v
Do You Want to Know
About government land laws, location of land of
fices, etc.
How to get irrigation lards, location of projects,
laws governing same, etc.
Best sections for fruit growing, general farming,
stock raising or dairying.
Your questions will get prompt attention. State
plainly and specificajfy what you want to know. Write,
Land Information Bureau
The Twentieth
Umana,
1. If an Instrument purporting to b
the will of a deceased person Is offered
for probate and 1 signed by ths decedent
nnd by two or more persons as witnesses,
oral evidence Is admissible to prove ths
clrcumstanre surrounding the execution
of tho Instrument, and that it was In fact
executed bv tho dewdent a his will, and,
that tlie provisions of the statute In re.
gard to the formal execution of a will
wire compiled with. .....
2. A writing in existence at the time of
executing a will, or niucae at the same
time and a part of the same transaction,
mav, by reference, be mmV a part of the
will, If it la described and fully Identified
bv the term of the will Helf.
3. Oral evidence Is comttent to prove
the signatures of wltncssivt who signed
such writing referred . to in the will and
made a port thereof, and to rove that
th writing offered Is the same Instru
ment so Identified by the signatures of
silch witnesses.
1C".m" Xrbra-k:, Traosfc:- company
auainst the Chic:iTO, Baltimore & Qulncy
Hallway company. Appeal from Douglas.
Unversed nnd remanded. : Barj', J.
1. A railroad compuny imgageil In inter.
--lata commerce nyiy ch.irge apd collect
demurrage or car servlci. cha"-yes In ac
cordance with its tariff chedt.les, rule
and regulations, ille.l wllli and approved
by the int"r-tJte commerce commission,
on cirs used in ir.t.-i-t lute shipment
whr.e the consignee . lis to unload and
rel. -as.' tl.cm v.itlil.i f c. l.y-cig'.it hour,
free t'.me. after notice o arrival and
tender of lie; shipmri't-' o ueh eon-s-.gnee.
(.: tlie one ilu'n; l with the duty
of iinlondltii- such cir.-.
The fact that iv-iili'-r the consignee
nor tho one charged w.lh the duty of un
loading Is able to receive and unload the
cars within fnrty-r'ght liou.-p. free time,
after not.ee of their i.r.-ivul. will not re
lieve the con-Ofrnce cf obligation to
pav such service charge).
:!. Where the evidence, on the trial In
the district court, is not conflicting, and
reasonable minds cannot -differ a to the
conclusion to be derived therefrom. It I
the dutv of the court, when requested, to
direct a verdict In accordance with such
conclusion.
HOUSE KEEPERS IN
OMAHA. PLEASED
Kvery cook In Omaha. 13 delighted with,
the rich, .nut-like flavor of "Minnesota"
macaroni and spaghetti. Even pePla
who never llkod these foods say they
could cat "Minnesota" macaroni every
day. 1
Good macaroni and spaghetti arc easily
digested nnd they are always appetizing'
because Uioy caji be prepared In so
many different ways. , They are fine fop
children making thedr bodies strong
and healthy, and they give grown people
the power of endurance without overtax
Ing the stomach. v
Rut if you want th.xt rich, nut-like
flavor be sure and rrct the delicious
"Minnesota" brand ni:uaronl or spa
ghettl made from the finest Northern
Durum vhe:it, Willi all the nourishing
Gluten left in. It is easily digested and
never gets Boggy. All pood Omaha gro
cers rc'.l It.
Situated where it com
mands easy -access to
the every part of
Omaha's business district
fi ne Dee
uilding
Information
Century Farmer
Nebraska
l
1
V
