Omaha Daily Bee Newspaper, November 4, 1901, Page 4

NEWS OF COUNCIL THE OMAHA DAILY BEE: MONDAY, N OV EMBER INTEREST FROM IOWA, BLUFFS. MINOR MENTION. Davis sells drugs. Stockert sells carpets and rugs. Mets beer ut Neumayer's hotel. Gas fixtures and globes, Bixby & Som. Wollman, sefentific opticlan, 400 Broadway, Perry pictares for sale. C. E. Alexander & Co., W8 Broadway. Morgan, the drugglst, 142 Broad- way, sells the bost paints. wurl ouk body wood, $5.50 cord. Wm. Weich, 23 N. Main st. I=~I “ W Miss Jesgie P. Hastings of Missoul ley 18 guest of Miss Plle of the city lclhoo t Miss Emma Thomae of Plgeon, s guest of Miss Dora Spare of ‘oulh Eighth street. Misses Kitty Bullard and Bessie Griswold are Thome from o three months' visit in California. Mg Radlant Home stove, guaranteod not to crack, Sold by Petersen & Schoening, Mer- riam block. The Assoclated Charities will meet Wed- nesdny afternoon In the Broadway Metho- dist church. Mre. H. A. Messmore of Fourth street I8 entertalning her mother, Mrs, C. B. Di #on of Madrid, la. Hunt of North Sixth street I8 home from a months visit with relatives and friends in Moberly, Mo. Postmaster and Mre. I. M. Treynor are heme from Boston, where Mr. Treynor at- tended the national meeting of the Royal Arcanum. Petersen & Schoening, Merriam blo have the most complete line of Hot Blast stoves in the city and at prices that will surprise you. Chambers' dancing academy, Ro: canum hall Tuesdays and Friday: its, 740 p. m.; children, 4 p. m. Assemblles fof adults Fridays. 8:3 p, 'm. Miss Mury Wallace, who has been visit- ing her mother, Mrs. Wailace of Mill atreet, feturned yestefduy to Hamburg to resume her duties as teacher In the High school. ¥. E. Cox has gone to New York to at- tend the wedding of Mra. Cox's sister Wed- herday. He will b joined In Chicago by Mrs, Cox, who has been visiting friends, 8. M, Dawness of Portsmouth, la., who was brought to the Woman's Christian as- atfon hospital Saturday, underwent a ro operation yesterday, His condition evening was reported favorable. Carl Pryor Is suffering {rom a broken arm caused by stumbling Thursday night over a bench which had been placed across a side walk as a Hallowe'en foke by some boys. Mr. Pryor hax been suffering {rom a severe injury 1o hix knee several months and only recently discarded crutches. N. Y. Plumbing Co., telephone 350. DEATHS IN COUNCIL BLUFFS dgon A. Vietims of Diseane. Willlam J. Jameson died last night at his home, 720 First avenue, of Bright's disease. He leaves a wife, two sons and two daughters. Congdon A. Reed, assistant cashier at the Union Pacific transfer depot, died of Bright's disease last night at his home, 522 South Seventh street. Three nice unfurnished roows for light housekeeping. Apply to Mrs. C. A. Cooke, 109 Scott street. Shellhorn Die: s Wound. Erpest Shellhorn, the young man who suffered the amputation of his left arm at the Woman's Christlan Assoclation hospital as the result of a shooting accident while huating at Lake pawa Thursday after- noon, falled to rally from the operation and dled yesterday morning at 10 o'elock. The operation was resorted to as a last resource, but the young man's weakened conditicn from the great loss of blood be- fore medical assistance could reach him at the lake rendered his surviving doubtful. He was 19 years of age, son of George A. Shellhorn, 1512 Sixth avenue, a fireman in the employ of the Union Pacific rallroad. ight. The monthly session of the city council is slated for tonight, but it belng the eve of election It is doubtful if the aldermen will transact any business beyond passing on the salary rolls and the bills for the previous month. City Council THERE'S A FEAST FOR THE EYE on every table decked out with chaste and dalntily designed silver and other ware ob- lalnable at Leffert Everything that art or mechanical Ingenuity can dev! and mauufacture in knives, forks, apoons, etc., In_solld silver or solid quadruple plate, lasting for years, {s here in pleasing vi rlaty. We sell the celebrated ““1847"" brand of plated ware and guarantee its durability and excellence, HERMAN M. LEFFERT Optician, Jeweler and Engraver, s Broadway. Opposite Glen Avenue, Counell uffs, lowa. 33—-—"____—‘:—"::31 Wade for these who knew what's 4221 | Woodward's - Ganymeds Chocolates and Opera Bon Bons Made By John 6, Woodward & Co. LEWIS CUTLER Funeral Director o SRS Tl 2 | FARM LOANS Bolt} FOR UPHO: STERING j it HOAGAN & KLEIN'S,uif fii1:, Towa Steam Dye Works 304 Broadway, Council Bluffs. ctikiala! flffi“ SURE OF POTTAWATTAMIE Chairman Wright Figures Hacdswome Plarality for Republicans. REGISTRATION INDICATES A LARGE VOTE Democrats Base Thelr Hopes on Pro- fessor Sawyer, Their Candidate for Connty Superintendent ot Nchools, “Everything looks bright for a sweeping republican victory and the election of the | republican county ticket from top to bot- tom in Pottawattamie county Tucsday,” was | the statement made yesterday by George | 8. Wright, chairman of the republican county central committee. He sald he based this atatement on a careful poll of the ~ounty and the reports of the precinot committeemen. Harry M. Brown, chairman of the republican city central committee, sald the entire republican ticket in the city would recelve a handsome plurality. The campaign this year has been an un- usual one and except for the two meetings in the opera house here, at which Speaker Henderson and Hon. A. B. Cummins spoke, there has been practically nothing to indi- cate that a political campalgn was in prog- ress. It is conceded to have been the quiet- est campalgn on record, but despite this & full vote is expested tomorrow. While there has been a noticeable absence of any- thing approaching excitement In the cam- paign, the candidates on the two tickets have not been Idle. Their work has chielly been on the still hunt order. If anything, the candidates om the democratic ticket have been the more aggressive. This is accounted for by the fact that most of the nominees on the republican ticket are at present incumbents of the offices to which they seek to be elected, and the dutles of their several positions have prevented them from glving the time to campalgning that the democratic candidates have, Poor Year for Ward Politicians. This campalgn has proved a poor harvest for the ward or precinct politiclan, who usually controls, according to his own statements, a number of votes. The candi- dates have not been spending money, hence the ward heelers have not had as good a time as usual. That this is the case was fully emphasized a few days when one of their number, who was bewalling his lot, asked Chief of Police Albro if he had all the candidates in jall. "By jove, he sald, “you must either have them in Jall, or else they must have taken to ‘he woods, as up to date I have not ‘seen’ a single candidate.” The man lald special strees on the ‘seen. The campaign has been clean on both sldes and no dirt slinging has been re- sorted to by either party. The fight, such as has been made, has been conducted on purely political grounds and objectionable personalities have been strictly avoided. Chairman Wright of the republican county central committee estimates that the county ticket will be elected by 500 to 600 in the county and by 500 to 800 in the ) eity. The vote, judging from the registra- tion of new voters, will be, in his opinion, as large as last year. The state ticket, he estimates, will be carried by 1,200 to 1,300 plurality in the county and he figures Mr. Cummins will recelve the largest vote in Pottawattamle county ever given a candi- date for governor. Majorities a Year Ago. Last year Pottawattamle county President McKinley 6,525 votes, as against 5,378 for Bryan, making McKinley's plu- rality 1,152. In 1900 Shaw’s vote for gov- ernor was 5,247, gainst White's 4,378. Shaw's plurality in Pottawattamie thus was 869, but it 1s expected that the vote will be as large as last year there appears 10 be nothing to prevent Mr. Cummins from obtalning as big a plurality as McKinley did. Brooks Reed, chairman of the democratic county central committee, claims to be sanguine of the victory of his party’s county | ticket aud even goes so far as to estimate that it will carry by 500 to 600 in the city and 400 to 600 in the county. Prof. Saw- yer, demccratic candidate for county su- perintendent, seems to be the one on whom the party is bullding its hope. Chairman Reed sald yesterday it would not surprise him at all if SBawyer was elected by 1,000 over O. J. McManus, the republican nomi- nee. Prof. Sawyer has spent the last two months campaigning in the county. Alderman Billy Boyer, chairman of the democratic city central committee, is not as sanguine Chairman Reed, although he says he looks for a democratic victory Tuesday. He places his figures somewhat lower than Reed and saye the democratic ticket will be elected in the eity by 150 and in the county by about the same num- ber. Chalrman Boyer flgures that Judge Aylesworth has practically a walkaway for re-elect'on Jjudge of the superior court and will win out with 300 votes to spare. Four yea 0 Judge Aylesworth defeated N. M. Pusey, republican candidate, by 360 yotes. The vote on judge of the superior court Is confined to Kane township, which includes Council Bluffs. Davis sells glaes. BEGINS PAVING THIS MORNING Contractor Wickham Says He Will Follow Instructions of City Counell. Contractor Wickham sald yesterday that | in compliance with the orders of the city council would begin work on the Har- rison street paving this morning and that a force of men would be put at work tear- ing up the old cedar blocks. Mr. Wickham would not commit himself as to whether there was a sufficlent supply of home-made brick on hand to pave this street with. He sald: t will be paved, whether I have to geot maicrial elsewhere or not. Now that the bad weather has set In the prospects tor any paving in tho Fourth ward this year are slight. Fifth avenue and Eighth street between Broadway and First avenue are rly a foot deep In ‘water from curb to curb and even if Wick- am had a supply of Galesburg brick here, which he has not, he would not be able to do any paving. The residents on the streets ordered paved In this ward have about made up thelr minds that for the wiater they will be compelled to put up with the mudholes In front of thelr prop- erty. On North Seventh street, which is to be paved with Des Molnes brick for top course and Councll Bluffs bottom tier, the city er from Broadway to the bridge and until this ditch ottles there can be no paving laid on this portion of the street. It Is generally conceded that there will be little more paving done this year, Al- {on the engine derman McDonald fs said to be in receipt of a letter from the Purington Brick com- pany of Galesburg regarding its delay in furnishing the material for the paving in the Fourth ward. The letter is said to corroborate Wickham's statement that the plant has been forced to shut down on ac- count of lack of water. 1t the weather does not interfere Wick- bam expects to complete the paving of Glen avenue this week, the work on which has been delayed for want of brick. Gravel roofing. A. H. Read, 541 Broadway. GREAT WESTERN WANTS TO BUY Would Take Possession Depot Site and Driv Property. of Unton ark The Great Western has offered the com- pany of business men who own three blocks on Ninth steret, originally bought for a union depot, $18,000 for the property. A majority of the company is willing to ac- cept this price, but two of the members are holding out for $20,000 and say if the rallroad does not meet this figure within a short time they will decline to accept anything less than $25,000. At $18,000 the members of the company would not get back the amount originally Invested by them twelve or more years ago. While the local stockholders have not been offcially informed of the Great West- ern's making an offer to purchase the Driving park property, it is understood on this side of the river that negotiations have been entered into by the rallroad with Senator Millard and other stockhold- ers in Omaha. The Driving park for a number of years has not been a paying in- vestment and the company would be willing to sell It if it can get anything like.a reasonable price. This Is the statement made by one of the stockholders in this clty, Davis sells paint Reception of Woman' ) The general reception of the Council Bluffs Woman's club for November will be Friday afternoon at the home of Mrs. R. H. Bloomer, 717 South Eighth street. The members of the art department will be hostesses. The board meeting of the club will be Friday afternoon, having been postponed from last week on account of the South- western Jowa Teachers' assoclation meet- ing. The art department of the club will meet tonight at 7:456 in the club rooms, with Mrs. J. P. Davis as leader. Rubens will be the painter discussed. The best bargains in the paper are on the want ad page. Don't miss them. Wedding of Miss Tholl, A cablegram received by her parents, Mr. and Mrs, Peter Tholl, announces the mar- riage of Miss Elizabeth Tholl at Shanghai, China, to John W. Nolan, formerly of this city. The groom went to the Orlent with Major Gallagher in the government com- missary department, but recently entered the employ of a large mining company in | China. Miss Tholl left Council Bluffs in October and the wedding took place on her arrival in China. Mr. and Mrs, Nolan will make their home in Shanghal. Snowdrifts at Webnter City. WEBSTER CITY, la, Nov. 3.—(Special Telegram.)—The first snowstorm of the season visited this sectlon of lowa early this morning. All Saturday unight the wind blew in blizzard style. Three Inches of snow fell and drifted. Farmers are 11l pre- pared and hope winter has not yet set in. Frank Matthews Dies of Shooting. SIOUX CITY, Ia., Nov. 3.—Frank Mat- thews, who was shot Tuesday nigh’, died Matthews' death adds to the mys- tery which surrounds the shooting. One man is under arrest charged with the crime. WHIMS OF A LOCOMOTIVE. Story of One that Bucked and Escaped the Scrap Pile. man who follows our hazardous call- sald the fat engineer to a New York Sun man, ‘never knows what the future has in store for him and some hard and obnoxfous task which is set for him by his guperlors may be the means of saving his e. “Charley Bryant and | started running a locomotive on thia line about the same time, and, naturally, there was consider- able ' friendly rivalry between us. One night, in the latter part of December, 186, 1 was called to take out a speclal meat ex- press and Bryant was marked for pickup, a slow, tedious job. T chaffed him about this and he replied that aithough he did ‘have the pickup, the pilot of his en- gine would trail my’ caboose all the way After No. 12 went out, we dusted right out, and then my troubles began. The 196 'wouldn't steam worth a continental, and we were laying that meat train out in fine style. 1 began to haul the fireman over, but he shut me up with the remark that he didn't slgn any papers to keep u fire under the Hudson river when he hired out with the company, The brakeman then discovered it was Gip to him to como and give us points on how to handle things. " ‘Why, say.' sald one of them, ‘the water i comin' oit of the stack itke u | regular cloudburst, What do you this Is youe runnin’, & water mogort f It only was a hot alr motor now,' lngu;hb‘nl?k(h“ll '|'l‘:l‘.l ‘ou l‘(ll‘uld furnish a4t article to take PO TIE v 1 inigaation st it hig Le left the cab In | 0 w.."\l“”“r:,"“ e n indignation and ' this time we weren't dolng a with the fresh meat for the N\'I'anlkhl!ll“l“‘ breakfasts and Charley Bryant, true to his | boast, was keeping hls cowcaicher pretty | close to our caboose and every once awhile would give two Impatient b‘}l"ll‘"nfl his whistle as a signal for me to hurry my Ilul!l'wl:lnd"lfil‘nll( 05 his way. “Finally the train digpatcher took mat- "OI'I in his hands and when we pulled up P:l Choechunk water tank there waa a mossags for me which contalned the pleasant in- formation that I with engine 19 was 3 take the plckup and that Charley Bryant was to succeed me on the meat train with h‘l‘:ll lan b n “Well, maybe Charley didn't give m e laugh when he cume along. I gave hin the frosty stare and with much ¢ bang 1 backed the 196 onto the piekup ‘Then, as It she had accomplished her pur. pose tn”taking & few notches out'of'my concelt, the old hog began to work like a charm. But it was too late, the mischief was done, and, looking ahead, two miles down the track I could see the tall light of the meat express, dancing merrily onward, :‘:hl Charley Bryant on the front end, ot 1. “We got all sorts of 4 hard deal on the plek up that night, and finally about day- ight pulled on a slding to lay about four hours nd let a whole bunch of the com- muters’ express trains pass us. | thouvht | would go down into the telegraph o'fie there and pass away a few minut<s ta'k'n with the aperator and find out what kind of a hustle Charley Was DUtting up wiih the meat. train.. Preity " coon® my "fremen opened the door and walked In. Glanc'ng wearlly at his watch, he remarked: * ‘If It hadn't been for that darned sulk!- B op'r\l)h:ll 1d 196, yvou lI’l‘ld 1 Wflt:llfl have Unding our ‘ear n ou b Teggon by I ime. ok “But he 1 barely finlshed speak'n when the telegraph operator, :hll I; & warning hand for us to Keep silent, began reading from the wire. ‘There’ bad aceldent,’ he sald, ‘Second sect on No 7:'.‘ llnfill express, inlréf '.’klll. Charles Brvant neer, ran off a broken rall routh f lfl?l-ru Blding. Engineer Bryant and his fireman Instantly killed: buried ben-ath their engine.’ “I have had things affect me. but noth ne ever quite equaled the sensation eaused by the operator's announcement It had continued the trip with the meat train my fireman and 1. instead of sleeping In aur bunks In Jefsey, would have bren cad. the | s been a | Twe or More Compaties Engay veying Madison Uounty, ~Congregaiional Prencher Another Church=Prizea for Stock Judgment. (From a Staff Correspondent.) DES MOINES, Ia., Nov. The success of the in other extensions of rallroads same territory. It is well known that th Des Moines & Southern has made arrange operating when completed Warren county west Greenfleld, Tax ald to Winterset bas been voted an townships. been succestul in all they have asked for, as the people of the two counties feel tha they have been neglected too lenz. Bu started out from Norwalk, In new line westward in'o Madison coin'y, The new line follows the North river #n will practically parallel the lne su:v y for the Des Moines & Southern. to build into the same territcry and mek a connection with its lines in Adair county, Electric system s not known. Motnes summer. electric lines make extensions tory. into Changes His Creed. in the Central Christlan church in Moines, being the the baptism of Rev. H. H. Holman of Stuart and his wife. Rev. Congre, J congregation in Sioux City. | vorite with labor unions. for several years, but recently resigned, | with another denomination | mersed in Des Moines by the pastor, Rev. Dr. Breeden. He s now seeking a church. In the meantime Rev. Mr. force in Towa church eircles. Fish Planting State Fish Commissioner Completed. Lincoln b tion 'of fish to 1uterior Iowa streams. the Mississippl bayous Lake, Clear Lake and Elkader. able to care for themselves. In all will be the best stocking of streams ever attempted. Doctor Wil the Be Army Captain, resident will soldiers. cept remain in the Philippines. Going After Prizes. Students of the stock judging contest at department entered the competition vear, but made a poor showing. lnots students carried prize off most of tioned thero arc a number of cash prizes. lowa students are confident other years. Workmen Must Pay Policy. Workmen of low: | Ing the occupation of persons insured. | bership. Jected because he was u bartender. of the same city and was his occupation as a eclerk. grand lodge will appeal the case. SUPREME COURT pany against Vocasck las. Atfirmed. Commissioner's Department No. 1, Hastings, C. 1. Evidence that deceased, a years, knew that a light post carried un opinon Reported | lectrie after being told by to watch out and get aw clusively estabiish vonteiou Where It atso appears tl been running over (his gu wire for severa | to detendant, and th | the 'wire had been han: pulled | shaken frequently by various purt ing that time and a few mi to the fatal occurren b others in | 2 Instr days, with notice enc | an electr current, voluntarily took | wire in his hands, his doing so was suc negligence as precluded any recover. | his death from the act ' luvlfl' | that the next-of-Kin, the fathe: | celving from him pecuniary supporting the mother and | sisters of decease proot of the exlste No, 10030, ton. Error from Clay J. Reported 1. The Jury fe bound to give it verdict in obedience to the instructions of the court. . An instruction which s platned of in the motion nor assigned for error in t law of the case 3 In order to estop @ siiénce It must appear brothers o ad of such relatly Affirmed. Sullivan, or a new wlal I8 court, 18 th. party by he PARALLEL RAILROAD ROUTE d in Eure RIVAL TO DES MOINES & SOUTHERN Burlington May Be Muking Extension 3.~ (Special ) — promoters of the Dos Moines & Southern railroad fn Madison and |is not reversible ®rror It the rights of the Adair counties in securing right-of-way and tax ald has startéd up a rev.val of Interest into the ments with the Chicago Great Western for Its plan is to run from a point on the Great Western in in Winteiset, Greenfleld and a number of other ‘The promoters have been busy and have the last week a large party of surv.yors Warron county, on the line of the Keokuk & West- ern railroad, and are engaged in running a 1 d Whether it is a project of the Burlington or a project of the Des Moines Interurban The 1ne starts but a few miles from the new army post south of Des Moines, (o which the D:s | will be built next The company has recently ber- rowed a large sum of money with which to | % surrounding teiri- An interesting ceremony was performed 1 Di? | benent Mr. Holman has been a clergyman of the tional church for about ten years and for four years was In charge of a good Later he en- ; gaged In lecturing and pald particular at- tention to labor problems, becoming a fa- He had been in charge of a Congregational church at Stuart closed up his pastorate and asked to unite and was im- Holman 1s en- | gaged In writing a book on the labor prob- | lem. He is regarded as w man of great nearly completed the annual fall distribu- He has placed carload lots of fish seined from in the rivers at | Ottumwa, Perry, Corning, Wall Lake, Storm The fish are mainly young ones; but among them are many that are several years old and he will place about twenty carload lots, which Towa Friends in lowa have received informa- tion that Dr. Harry J. Watson, formerly a of Ottumwa, who is now a sur- geon In the United States army serving in the Philippines, has been recommended for a captaincy in the regular army and be given a company of well-drilled He has written that he will ac- the position and that he desires to lowa Agricultural col- lege are preparing to engage in the annual the international live stock exposition in Chicago In Decem- Ler. The students of the animal husbandry st The I1- the including the Spoor trophy, valued at $700, Rosa Bonheur's model of an ox. The competition 1s open to students of the varlous agricultural colleges in the mid- land reglon, and aside from the trophy men- of securing some of these prizes this year, as the class at Ames is considered superior to any of The grand lodge, Ancient Order of United has been engaged in tmportant litigation at Dubuque involying | the rights of the order and rules regard- It 18 a rule of the order that no person en- gaged in the liquor business shall be a member or have any benefits from mem- Henry Hilderand applied for ad- | mission in one of the lodges and was re- He | then applied for admission in another lodge cepted, giving On his death the grand lodge refused to pay the insur- ance poliey, but a jury rendered a verdict against the grand lodge, holding that nay- much as he had been accepted by the Work- | men his policy could not be contested. The SYLLABI. No. 9815, South Omaha Waterworks Com- Error from Doug- lad of 17 wire of an electric current and | that he voluntarily laid his hands upon .t a vounger companion | Whether the ‘case is brought to this cr ¥ doex not con- current hud and 1o the effect that it such a lad, Kinowing such o KUy Wire wus catry o for Held, properly re- cre there was proof tending to show was re- stance In nion Btate Bank against Hat- neither com- mere person claiming the benefit of the estoppel wa ignorant of the rlfhll of the party against whom the estonvel is alleged No. J0, Plummer againet Park from Burt, Reversed and remanded. lvan, J. Reported 1. Where there are no creditors of an esfute and the heire are competnent (o, and do, consent to the transfer by the ad ministrator of a mortgage belonging to th Gstate, to one of the heirs in tinfac tion of his share of the estate, and such transter 18 afterward ratified by the court in which the estate i« being administerad such ratification relates back to the tran fer and is equivalent to a prior authorizi tion; and such helr, or his assignee, may wie in his own name to foreclose the mort- Bage. 2.1t a sult to foreciose a_real mortgage the allegation that no action at Taw has been brought to recover the mort- | Kuge debt must be proved if It s not ad- | mitted 3. A stipulation In a mortgage authoriuing the mortgagee to nccelerate the maturity of the mortgage debt If the taxes on the mort- guged premises are not pald at or before the time they become delinquent, Is not forbldden by statute, nor contrary {o public policy and may be enforced 1. And the payment of such delinquent taxes after the commencement of an action to foreclose the mortgage does not deprive the mortgagee of the right secured by the exercise of his option 5. The rendition of two decrees in a case at the same term, but not on the same da Appeal g i estate litigants have been correctely determined 1019%. Racek against First Nutlonal nk of North Bend. ~Error from Saunders. Affirmed. Sulllvan, J. Reported. .| 1. Under soction 13, chapter xxxii, Com- plied Statutes of 189, conveyance d as. Signments made to defraud creditors are not vold generally, bat only as against per- sons defrauded. 2. A subsequent ereditor cannot success. fully assail a fraudulent transfer of prop- I{erty withour showing that he has ben actually defrauded thereby. 3, All transfers of property made in trust tor the use of the person muking the satie are vold as against existing and subsequent creditors of the transferrer. 4 The release of a homestead right is a suffielent _consideration t) support a con- tract made between husband and wife for an equal division of the money derlved from a sale of the family homestead 5. An intervenor who cuims a dispute between the plaintiff and def ndant, must, It his claim fs adverse to both the original parties, establish his right by a prepondersnce of the evidence. 10206, Stevens et al againet Hurnham et {al. Appeal from Cueter. Reversed and re- { manded. Sullivan, J. Reported. | 1A tenant cantiot, without the author ty or consent of his ' landlord, charge the leaged premires with a lien for matorfal >|used fn the construction of a building thereon. In the absence of evidence show'ng Lthat such bullding was not permanently annexed to the soll, or that it was in- tended as a mere agricultural fixture, it cannot he treated as the tenant’s property and subjected to a llen in favor of the person furnishing the materlal used in i fund in ing thro or agricultural fixture from premises expires with the tenanc 10269, Marsellles Manufacturing company against Perry Error from Clay. Affirmed. Sedgwick, C. Reported. . A mortgagor of chattels can walve the of the provisions of the statute ting to foreclosures, The provisions of chattel mortgage that the mortgagor may, upon default, take the property and sell the same at public or private xale are valld, but under such provisions the mortgagee has no right 10 the possession of the property, except for the purpose of toreclosure, and if he takes the property and holds ihe same longer than 1s reasonably necessury for that pur- pose he will be held to have elected to ake the property, so far as its value wiil 0, In satisfaction of his claim, and ff , | thé value s greater than the amotint of his claim, he holds the surplus for the mort- Woodmen . | against Pratt. Error from Saline. . | frmed. Holcomb, J. Reported. 1. Forfejture are not tavored and in con- tracts of Insurance a construction resulting in a loss of the Indemnity for which the insured has contracted will be adopted except to glve effect to the obvious inten- tlon of the parties. Phenix Insurance com- pany against Holcomb, 57 Neb., 623. 2. In_construing conditions in"a policy of msurance, to be complied with subsequent to an event resulting In loss or Injury for which Indemnity is claimed, with respect to the giving of notice of the loss or injury and _prelimianry proofs thercof, a more liberal construction will he given in favor of the beneficlary than when the conditions are to be complled with prior to loss or IMjury for the purpose of continuing the poliey in force and effect 3. Provisions to time In which the notice is required to be given of a loss or injury for which indemnity s claimed are not neccsearily and In every instance to be literally complied within order to prevent a forfelture of the policy. 4. A reasonable and natural construction wlil be given such provisions in order to carry out the evident intention and mani- fest purpose of the partles to the contract and (he object to be accomplished thereby, 5. When a time is fixed in a policy of accident Insurance for the giving of the notice of an accident and Infury resulting therefrom for which Indemnity is claimed. with the particulurs thereof, ~which Is reasonable in its character, this will ordi- narlly be regarded as a condition precedent 1o be complied with before a recovery can be had, 6. But when because of circumstances and conditions surrounding the transaction, ob- utacles or causes exist preventing and rendering impossible the performance of the act within the time stipulated the act may be performed thereafter and the beneflciary will be excused for the failure, if done within_a reasonable time of within the time stipulated after the obstacle or cause preventing prior compliance ceases to exist. The question of whether the excuse (f- fered and the reasonableness of the time in_which the act is performed to be de- termined according to the nature and eir- cumstances of each Individual case, the beneficlury in_all cases being required to act with diligence and without laches on his assoclation Af- Accldent part. 7. Where a person suffered a fall by ac- cldent resuling in a concussion of the brain, which deranged and crazed his mind %o that he could not intelligently give the notice and required {nformation regarding | the accident and injury within the time stipulated, this fact excuses him in_ law from compliance with the conditions of the policy In that regard, during the time of the existence of the disability. . Evidence examined and found sufficlent to support the finding of the jury. 10883, Mullally against Dingman. trom Harlan. Affirmed. ported. 1. Questions of fact determined upon tafrly conficting evidence by » jury will not be examined in error proceedings in the supreme court. Lydick et al against Gill et al, 67 Neb., 8. 2.'When money is due and withheld by unreasonable delay of puyment interest may be allowed at the rate of 7 per cent per annum. Sec. 4, Chap. #, Comp. Stat. of 1801, 3.1t 1s not error, as to a defendant, in a suit for wages alleged to be due and un- pald, to charge the jury that plaintiff could recover interest on whatever sum was found due him at the rate of 7 par cent per annum_ slx months from the time the amount has been withheld to the time of the trial 4, When payment is pleaded which is dls- Duted, the burden is on the party pleading payment to prove the same by @ preponder- ance of the evidence and if e faile to do 80 or If the evidence on that {seue fs evenly balanced proof of payment is insufficient and It is not error to so instruct the jur: 10202, Booth against Kessler. Appe from Thayer. Affirmed. Holcomb, J. Re- ported. 1. When the evidence fs fairly conflioting or ‘where the case as made by the evidence is such that rearonab'e minds might falrly differ as to the correct and proper conclu- lons to be drawn therefrom. a finding of fact made by the trial court will not be disturbed on appeal 2 Findings on questions of fact trial court are enttled to the same and eame presumption of correctne:s as verdict of a jury and the rule is the sam Error Holcomb, J. Re- on error or appeal and applies to all class's of actions Neb.. 453, 1], 8 Evidence examined and held sufficlnt to support the finding and decrce of th: trial court. The Unready Seaker. Atlanta Constitution® A Georgia darky went out fo an old field to “‘scek and pray.” It was dusk, and he knelt down and put up @ long petition that the angels would come and minister unto him, Presently he heard a flapping as of wings behind him and in a second he was making racehorse time on the home road, whero he jumped into bed and covered his head from saight Suddenly there was a loud knocking at the door and his startled wifo cried: John, git up dar, fer de Lawd sake! 1 | De angels you been seekin' Is come fer you! “Le'm stay dar,” was the trembling an- swer. “Tell 'em thoo' de keyhole dat 1 ain’t got no wing ter fiy wid, en I too heavy ter totel” urlington against Warner, :9 | belng driven back esch time with heavy | | loss. LONG FIGHT TILL HELP COMES Britieh Offer Desperate Ds! Until the | 4 rrival of Reli | BENSON IS STRICKEN EARLY IN THE FRAY | Sarvivors Take Po I dred Ya tion Only Hun- n from Enemy—boers Retreat Before Rein- PRETORIA, Nov. 3.~Further details have | been received regarding the attack by the | Doers under Commandant General Louis Botha last week upon Colonel Henson's column near Brakenlaagte, Eastern Trans vaal. It appears that General Botha, who | had been joined by another big commandn, aggregating 1,000 men, attacked Colovel Benson's rear guard on the march and captured two guns, but was unable to re- tatn them | Colonel Benson fell mortally wounded | early in the fight. Major W ampson | took command, collected the convoy and took up a position for defense about 100 yards from entrenchments prepared by tho Boers The captured guns were so situated that neither side could touch them. The Boers made desj erate efforts to over- whelm the whole British force, charging | repeatedly right up to the British lines and | The defense was stubbornly aud | successfully maintained through the whele | of the day and the succeeding nlght, until Colonel Barter, who had marched all night from Bushman's kop, brought reliet on the | morning of November 1. The Boers then retired. Their losees are estimated at 400. Colonel Benson did not long survive. Not only did General Botha | direct the attack as already cabled, but he personally shared In the fighting Attack In Rainstorm. LONDON, Nov. {.—The special dispatches | from South Africa reveal practically noth- ing further about the disaster to Colonel Benson's column. It appears that the first attack was made in a blinding rainstorm. The heaviest casualtles occurred while Ma- jor Sampson, who l& a Johanoesburg re- former and an officer In one of the colonial levies, was gathering the convoy under the brow of a hill, a most difficult task. It is assumed in London that the two fifteen- pounders remained in the possession of the British, out the telegrams are not clear on this point. Edgar Wallace, a correspondent of the Daily Mall, writing from Pretoria under | date of October 12, again protests agains: official optimism and declares that the war will not be ended for another year. He urges the immediate dispatch of large re- {nforcements of both men and horses. “Even when all that 's possible has been | done in this direction,”” he says, “it will be necessary to walt grimly and not to expect any quick results.” Mob In Ugly Humor. \ A riotous scene occurred yesterday after- | noon in Peckham, a suburb of London, where a small gathering of the local branch of the Democratic league undertook to| hold a meeting to protest against the war | in South Africa. This manifestation started | in procession for the place of meeting, but was hooted and hissed and dispersed There were many ugly rushes and the po- lice were barely able to protect the strug- | gling pro-Boer party from the fury of the | mob. The pro-Boers were finally removed under police protection. The victorlous crowd then held a jingo meeting and sang “Rule Britannla.” Dispatches from Warsaw say that a con- tract had been entered fnto for the supply of 20,000 horses for the British cavalry in South Africa. Ja fn_all amounting to sever: nd more. On an average one guaid fs required for every ten prisoners in ali, 0 1 this year there were upward of priconers in jail {n this country. This I8 taken as a falr daily average, o (hat there must have been 8,50 guards caring for them. This army of 100,000 me engzaged in catch | ing, trying, guarding and watching thieves and other evil doers, reck Fate for this country of five, I8 the sup o't of 5000 p raons. cost to the nation in w court expens and supp s men, Hot counting t elvil ¢ . 18 not less than $125.000,00) this exp I8 brought upon through the desire of many pe Jaws, The expense is even groator than (his for there ase the criminals in jail to be fed and housed. which, If the averag: co t I8 but_ little more than $100 per crimi ning at the usual e 1o a family of Al the nat o ple to break L amounts to $10.000,000. 1 "Bill Syke malefactor, should therefore s form he would save the nation of $133,000.000 annially, In adg he steals and the damage h he would plung Of the Jall probibly have no these to the 85,700 leascd, and these agoln 10 000 honest folk ' thrown out of em- nt and the nation would te Tefi in uch plight as It was at the close of . with 200000 men out of om nbsorbed Into various lines and these same persons with all t upon them to be pensfoned and ported until they could be cared for he expense of pensioning and the heion bureat would probably equal the sent policing expense for a time, but problem of caring for all the peonle finding them employment would b» as the English term (he enly r expon n to Whit But what a erimir other who the 10 ploym: some an great Siberian Rond Completed. LONDON, Nov. 4-The last rails of the lne connecting Moscow with Viadivestock, according to a dispateh from St Peters burg to the Dally Mall, will be lald today ] - UNION PACIFIC Three Fast Trains Daily to Californla via *‘The Overland Route” Splendid Through Dining Car Service. Pullman Palace Sleeping Cars Pullman Ordinary (Tourlst) Cars Buffet Smoking and Library Cars Free Reclining Chair Cars Steam Heat, Pintsch Light Oaly 58 Hours to San Francisco from Missourl River. City Ticket Office, 1324 Farnam Street, ¢ Telephone 316, Union Station, 10th and Marcy Streets, Telephone 6: A. Mayer Co,, 220 BEE BUILDING OMAHNA, NEB. ‘Phoae 1716 Re-No-May Powder relieves and cures all disorders of the feed Gue to excessive perspiration. Price: 50 Cents. Bold by drugg!sis ana glove dealers evel where 8en. by mail for ¢ additional Queen Alexandra is sending Christmas gifts to the troops in South Africa. For this purpose she has ordered thousands of briar pipes, each silver mounted and bear- ing the stamp of the crown and her maj- esty’s monogram. E BY CRIM! a Milllon Honest People Sup- ported by Offenses Agninst La Not less than 100,000 of the good citizens of this broad land live by crimes which they do not commit, reports the Chicago Tribune. Although among the law-ablding and often most respected citizens of their several com- munities, they are supported entirely by of- fences against the law and against right. Thelr living depends on the energles of 260,000 other persons who commit the of- fences. Were these 250,000 suddenly to b. come upright citizens and cease o brea the laws, not only the 100,000, but four times a8 many more who depend upon them would be thrown out of thefr livellhood and must depend upon charity for support until some other occupation should be found for them. T¢ it be true that there s honesty among thieves thia time cannot be as far distant as might bo supposed, for by the natjonal ce s it appears that the country is rapldly approaching a time when all the Inhabitants Shali"be maletactors, ana theretore acc rd- Ing to the proverb, being honest among themselves, will no’ longer require super- vision. In 150 but one out of every 3.2 Inhabitants was a criminal. In 1§70 thieves and other evil doers had Increased #o that one out of every L171 inhabitants served a term in fall 5 was Incarcerated, and the proportion h teadily increased, 8o that now it probably approximates one out of every 500, ‘0 look after these evil doers the United States maintains a police force estimatcd at 75,000 men, costing annuaily more than | $60,000,000 for thelr support. In dfty-two of the chief citlen of the land there are oyer 16000 police, whose maintenance costs (v r 313,000,000, in additign to these police is a great army of men who are emploved In the machinery of trying and punishing crmi: nals. There are police magistrates, trial VOTE EE Ay ,Mm..-.o.-“" resee Apple Orchard | For Sale 153 ACRES. Apple trees are all in goo old and in full bearing. One-half miles from G Small payment down, balang H. W. BINDER & CO.. 8 Pearl St., Council Blufts, Ia, sessesssssssssssssrrorseee cover pestage. THE TABHURSTYT WO HEIGHTS AND A “ B ARROW (_{”’ 40 | BGRAND S5¢each | Z2for 1 CLUETT PEABODY & CO MAKERS Your Fairy Godmother eesveociosseesesed can not answer your wishes quicker than THE BEE Want Columns, Everybody rveads them, so you nre sure to ha the right person see your ad. .0.0000<0¢4m0m0~m‘ FOR lesworth S ki and d physical condition—9 years lenwoad, lowa, 'Price low. re long time, sessscsscsccos | | ('1 | |