Omaha Daily Bee Newspaper, May 2, 1902, Page 7

DAILY BEE: FRIDAY o =4 MAY 1902 MAY DAY STRIKES BECI Men Demand - Reduction of Hours, More Wages and Better Oonditions. PITTSBURG SCENE OF GREAT ACTIVITY ‘t is Estimated that Detw Twelve and Fifteen Thousand Men in that City Alone Are Out. PITTSBURG, May 1.—May day was ush- ered in with strikes in most of the bullding trades for reduction of hours, more wages and adjustment of trade conditions. It is estimated that between 12,000 and 15,000 men are out, the trades Involved being structural iron workers, carpenters, brick- layers, sheet metal workers, slate and tile Foofers, Inside eloctric wire workers, port- ble and holsting engineers and wood and meta] lathers The plumbers’ strike was averted by the master plumbers meeting last nignt and signing the advanced scale. The strikers will tie up work on all the large buildings in course of erection in this city Numbers of the leading architects of the eity have stopped the receipt of estimates on new work and on some important con- tracts already placed they have notified the contractors of indefinite delay in making eontracts. One of the architects this morn- ing showed specifcations on work aggre- gating $10,000,000 which 1s being held up by the labor trouble. On account of the carpenters’ strike, the Jargest planing mill operators have agreed to close their shops pending a settiement of the trouble. Demand of Iron Workers, The Natlonal Workers and sent coples of Assoclation of Smelters of America a new demand to United States Steel corporation the Republic Iron and Steel company, the Bessemer assoclation and the independent furnaces. The workers demand that on and after June 1 elght hours shall con- stitute a day's work at the same rate of pay now recelved for twelve hours, and that all ten-hour men shall be reduced to nine hours at the present rate of pay The men are now working twelve-hour turns. “Turn men" receive $2 per twelve hours, engineers and keepers $2.50, laborers $1.50 for ten hours. If the de- mands of the assoclation are granted it w11l mean the introduction of a th hife This will mean the employment of addi- tional keepors, helpers, blowing engineers and fillers, and top fillers where electricity 18 not used. COPENHAGEN, Denmark, May 1.—The grades unionist workmen employed at the Min has the free port of Copenhagen have suspended | work in sympathy with the dock laborers and seamen’s strike against vessels Lelong- ing to the steamship owners' federation. The latter strike was further extended to- day to all the Danish ports excepting Esb- jorg, on the coast of Jutaland, where the dock laborers refused to leave their work The dock laborers’ strike at Copenhagen began about April 15. Four days later 1t was announced that more than 8,000 men were on strike at the various ports of Den- mark. TORONTO, Ont., May 1.—More than 1,000 men of various trades went on strikes to- day for an Increase In wages. They include bricklayers, carpenters and machine work- ers. A number of wire, wood and metal Inthers, carrisge and wagon workers and Jewelry workers are also out. The composi- tors and machine operators on the different newspapers here have decided to striko on May 8 if thelr demands for increased, wages are refused. CLEVELAND, 0., May 1.—At the local headquarters of the Structural Iron gnd Steel Workers' assoclation it was stated today that about 500 men employed by the American Bridge company at various Ohio points went on strike today. ST. PAUL, May 1.—Three hundred car- penters went on strike here today for an elght-hour day and Increased wages. Skilled Labo to Strike. BUFFALO, May 1.—It is estimated that more than 2,000 skilled laborers are on strike bere today. Most of these are car- penters, a few structural fron workers and the rest plumbers. The carpenters, who are receiving 30 cents an hour, demand 37% cents; the plumbers demand $3.50, per da: an increaso of 50 cents, and the iron work- ers ask for 50 cents an hour. Fourteen contractors, employing about 450 men, have ngreed to pay their carpenters 37% cents. Most of the contractors have conceded the demands of the structural iron workers, but n few of the smaller ones are holding out. YOUNGSTOWN, O, May L—Two thou- sand men employed in the bullding trades wert on strike today for an elght-hour day and increase of wages, all efforts to settle thelr differences with the contractors prov- ing unavailing. Some of the smaller con- tractors conceded the men's demands last night, and it is said several others may sign the scale. ROCHESTER, N. Y., May 1.—About 500 all members of the today for higher drivers of coal wagons, Drivers’ union, struck wages and shorter working hours. NEW YURK, May 1.—Machiniets and bench men to dosen large sawmills and moulding mills in Hudson county, New Jersey, went on strike and | the number of 1,200 In & today. of $2 fused RENEWAL OF WAGE SCALES Cooks, Wn Ba The men demanded a uniform rate 0 for an eight-hour day, which was re- Cooks® Helpers and enders Sign for An- other Year. Yesterday all wage scales of the cooks, cooks' helpers and bartenders ex- pired and during the week the employers will be asked to sign schedules for another year. After preparing a scale which provided | tor an advance of $2 per week the waiters | decided not to attempt to enforce it this year and the proprietors will be requested to sign the old agreement, to be binding for another year. The cooks' scale will be a new one, but will make little change from conditions as they now exist, simply putting them into the form of an agreement. According to the scale the wages will vary from $100 per month for first cooks in high-class houses to $10 per week for third cooks. Cooks in ordinary restaurants are to receive from $60 to $75 per month, according to the aver- age number of people served The cooks’ helpers will ask for a flat rate of $6 per week. At the present time some receive §7 per week, but the majority are paid from $5 to $6. The bartenders have adopted only a min- imum scale of $50, below which no member of the union is permitted to work. They will simply ask recognition of their organ- \zation and an average of not more than twelve hours for a day's work. These con- | dittons obtain at the present time gener- ally, 80 it Is belleved that there will be no trouble in arranging the matter for another year. walters Congressman BALTIMORE, May 1.—Dr. Young issued the following statement the condition of Cummings His temperature is 9, his pulse $4 respiration 28, The difficulty he had swallowing is much relieved and he is di tinctly better this mornin mproved. has regarding Congressman Amos J and Corrigan Much Better. NEW YORK, May 1.—Archbishop Corri- gan was much improved today and his physician sald that he was well on the way toward recovery. He slept six hours during the night and when he awoke relished a breakfast of solid food. LOCAL BREVITIES. Theodore Schroeder has been arrested on complaint of J. H. Endricon, who said he sent Schroeder to get a $10 bill changed and he falled to return, Civil service examination for mechanical draftsman, ordnance department at large, at a salary of §1,200 per year, is scheduled | for Omaha June 3, 4 and’s. Harrlson Talbot kicked | Chinese place on Chicago street between Eleventh and Twelfth, Wednesday night and was fined $10 and costs in police court for his fun, James Hory was fined dumping the dirt swept #hop on North up & fues In a 1 and costs fot rom the barber Sixteenth street in which he is employed into the waste paper boxes on the street corner. Treasurer Hennings reports that worth of regular delinquent taxes > collected during the month of April, which is $4,000 better than for the corresponding month of last year Word was recelved at the office of the Board of Public Works yesterday that there s a dangerous excavation, apparentiy due to a washout, in the street at Twenty- seventh and Hickory streets. The street commissioner was notified. Bullding_permits_have been granted as follows: To H. L. Whitney, to erect at 1518 South Twenty-second street, a frame dwell- Ing to cost $4,000; to Willlam Maler, to erect a_ Forty-first and Dodge streets'a frame dwelling to cost $1.200; to Mark Hansen, to erect at 247 South Tenth street a frame dwelling to cost $1,000. The eleventh and twelfth substations of the Omaha postoffice have been located, the former at the Millard hotel and the latter at Twenty-fourth and Leavenworth streets, Next week the postmaster will visit the points where the offices have been located and make arrangements with the persons operating business at those places for the handling of the business of the department. James Y. Cralg, the landscape gardener, who was recently requested to make an estimate of the expense of beautifying the | High school grounds, has re mrlm}, “The grading, sodding and gardening will cost about §1500," sald W. R. Homan, a mem- ber of the Board of ucation, “and the construction of the walks, according to Mr. Craig's estimate, will cost about $1,000 ad- ditional. We shall in all probabllity ask Mr. Cralg to draw plans for the improve- ment.”’ George Baker has been bound over to the district court by Judge Berka on two charges, one for assaulting Mrs. Katie Semit and the other, for assaulting his wife. April 2 Baker went to the home of Mrs. Semit and because his wife, who was visiting there, refused to return home he began to beat her. Mrs, Semit then shot at him nine times, two of the shots taking effect. After being shot Baker went home, where his wife had preceded him and beat her severely. James Stanley was arrested Wednesday afternoon by Officer Edwards while at- tempting to pass what is believed to be a forged check on & baker at Kl teenth and Vinton streets. The check was for ¥110, made payable to Staniey and the name “Hayden Bros.” was signed to it. In Stanley's pocket was ano'her check signed in the same name for $9.45. Staniey claimed that the checks had been given him by Heyden Bros. for services. John Hennig, charged with shooting Fred Jacobson with intent to kill, was bound over to the district court in' the sum of $100 by Police Judge Berka Wednesday afternoon. Hennlg and Jacobson had a quarrel April 17 on a lot belonging to the latter at Forty-elghth street and May berry avenue and Hennig shot at Jacob- son three times, one shot taking effect in the groin, The wounded man was taken to the Clarkson hospital, where he re- mained until released Tuesday. He is still weak from the effects of the shot and is unable to walk alons. (uticury Resolvent ~ PILLS The New Blood and Skin Purifiers ANOTHER TRIUMPH__FOR CUTICURA CUTICURA RESOLVENT PILLS (Chocolate Coated) are a mew tasteless, odoriess, economical substitute for the celebrated liquid CUTICURA RESOLVENT, as well as for all other biood purifiers and bumour cures. Each pill is equivalent to one teaspoonful of liquid RESOLVENT. Put up in screw-capped pocket vials, containing t! same number of doses as a 50c. bottle of liquid RESOLVENT, pri 25c. CUTICURA PILLS are alterative, antiseptic, tonic, and dlr‘tlv . and beyond question the purest, sweetest, most successful and ecoi omical blood and skin yet_com, of CUTICURA SOAP. purifiers, humour cures, and tonic-digestives nded. Samples free by mail to all friends -ufiml Complete External and Internal Treatment for Every Humour,$1.00. @ticura ;. The Set 81 the world. - British Folx, Purle. YUTtsk Conslsting of cuv;l‘:t :n‘."'\::' nr‘. w r:umm wkin of crusts scales and soften ened cuticle; CUTI OB TMLNT, o to instantly allay Ilrhl? m .&'fiw heal; and CUTICURA REsoLvENST P biood. ynm SET ia otte Sihov et dunreg e by bum i lose when all sles fails, & umcnmoou-.mo . infammati R on an TLLS, 80, to cool SET 18 often suicient to o -%‘lr. l"‘l‘-le-l.l?-?.“h'.-. | burg and the THE _OMAHA NEW BOOKS AND MAGAZINES "“The Rustler,”" a Tale of Love and War in Wyoming, a New Novel. JIM, THE HERO, IS A CATTLE PUNCHER Harpers Pabl by Alfred Austin, England's h n New Book of Poems Laureate—New Novel W. Dudley Mabry. by “The Rustler” is a tale of love and war | In Wyoming by Frances McEiroth, who grew up from young girihood In the coun- try of which she writes, and hence is quite familiar with its life. It is indeed a graphic picture of western life. *Jim," the hero, s a “cattle puncher,” who, while foreman of a ranch, has been jlited by Hazel, a cultivated eastern woman, who i€ a guest of the owner. He determines to display to the coquette his power and ability, and begins to “rustle,” i. e., brand others' cattle on his own account. He gathers about him a hand of outlaws en- gaged in the same work. In the conflict with the ranch owners (which is most graphically described by the author) he captures Hazel and takes her to the “Hole- {n-the-Wall,” a natural fortress held by the rustlers. Here she undergoes a change of character (the account of which proves the author a psychologist of rare insight) and becomes a regenerating Influence in the p. One by one the outlaws feel her r, and “Jim" at last succumbs to it alling off” at a ranch ball is cer- tainly a unique but truly western call for a quadrille. Published by Funk & Wagnalls. Harpers have published a new book of poemes entitled “A Tale of True Love, and Other Poems.” It s by Alfred Austin, England’s poet laureate. It is dedicated to President Roosevelt and has a speclal preface to the American people. He says that when he “had the honor, however undeserved, of being nominated as Tenny- son's successor, it was in writing com- municated to him, with that spontaneous graclousness of language which was one of the distinctive gifts of our late beloved and revered queen, that she was quite sure he would know when best, and how best, to give expression to national sentiment. In this spirit the honor was conferred; in this spirit it was accepted.” He adds a graceful appreciation of the American people, who, he believes, pursue with his own nation the same ideal. It is his latest collection of poems, and as a whole s the most important contribution to recent poetic literature. “When Love is King" is a story of Amer- fcan life by W. Dudley Mabry. It ls the story of an orphan girl and the author's pictures of her runniug away from her cruel guardians and her mastery over difi- cult circumstances makes the book In- tensely interesting. The loving care with which her wayward mother followa her from place to place, not daring to tell who she is, yet watching her needs and strug- gles with a mother's love, is heart-reach- ing. The story shows very clearly what good, sympathetic loving hearts can do. The scope and tone are suggested by the author's brief preface, In which he says: “The hook is sent fortd ‘o plead for a broader charity for those who differ from us In opinion, and for a more considerate judgment upon such as fall under reproach. It love win not the erring, nothing will win them; If love lift not up the fallen, nothing will 1ift them up. Love is regal; for God Himself is love, and He is King of Kings." It is published by R. F. Fenno & Co. In “The Cost of Freedom,” by Adele Marle Shaw, the witcheraft craze in early Boston is plotured very vividly. Miss Shaw has caught the spirit of the time wonder- tully well. The tale follows the fortunes of Roger Verring, the son of a stern Purl- tan of Boston, on the Spanish main with Captain Phips, “the first self-made Aieri- ca Then the scene changes to Boston. ptain Phips is now Sir Willlam, and governor of Massachusetts bay. The Purl- tan spirit is revealed in its effect on two very different natures—old Nicholas Ver- ring, unswerving in his conception of his duty, and his wife, Alison, as sweet a spirit as ever was created. The story of “The Little Mald"” and her pirate captors, of her friendship with Roger, of the sus- picion which fell on her in the wild frenzy of the witcheraft craze, and of her five hour trial before the “great Mr. Mather" himself, of her release from jail and her fiight with Roger, of her enemies and of her final safety and happiness—all this is most absorbing reading. Published by Doubleday, Page & Co. “The Claybornes,” a new novel by Wil- llam Sage, gives a vivid picture of the civil war, throwing into high relief three of the most important events—the secession of Virginia, the “high water mark" at Vicks- ast ditch” at Appomattox. It is the story of two brothers of an old and honorable Virginia family who take opposite sldes in the war. Both distinguish themselves for soldierly qualities, and once they meet in hand-to-hand conflict on the fleld of battle. The author shows the quality of the men on both sides, taking the attitude that all were Americans, fight. ing the inevitable conflict. But the book Is primarily a romance and not a mere chron. icle of fights. It tells of the winning of a Yankee girl by a young Virginlan, who, as he was educated at West Point, adheres to the union cause, although his father and brother are fighting for the south. Mr. Sage inherits much literary abllity from his mother, Mrs. Abby Sage Richardson, the well known writer on American history and English Iiterature. Published by Houghton, Miflin & Co. Mrs. W. K. Clifford, “Margaret Vincent,'" whose new novel, is just published by the Harpers, ls an Englishwoman who is best known in Americ the author of two clever books, “The Love Letters of a Worldly Woman” and “‘Mrs. Kelth's Crime." Her latest novel is written more in the veln of comedy than asy other of her novels. It is essentially a cheerful book, with a romantically happy ending. Gerala Vincent, because of his religious view receives the “cold shoulder” in London and seeks a quiet place by the pame of Wood- side Farm—owned by a widow—near Chid- burst, where he pursues his literary work and after a year's residence marries the widow. The novel tells the adventures ot bis daughter, an attractive young girl who runs away from home because of a dis- agreeabls half-sister, who becomes unbear- able during her father's absence in Aus- tralia with & sick brother. She goes to London, determined to be an actress, but only follows it & short time, when she is won by the son of one of her father's echool chums. The story is interestir from start to finish “Education and the Larger Life" is the title of a volume of essays by C. Hanford Henderson, just published by Houghton, MifMiin & Co., in which the author's pur- pose is “to make a large inquiry—the in- quiry as to how education can be so applied in America as to further best the progress of civilization.” He presents education as & buman enterprise of the utmost Interest and importance. He regards it as a process for realizing the soclal purpose, which is human wealth—a process for producing The Abbey Press have published a new npovel entitled “Aaron Crane it & by Henry Tate. The characters portrayed are s0 real and tangible that their prototypes xist in every similar community. Aaron Crane, a man of lofty aspirations, decided prospective matrimonial for his only son; he also is ambitious politically. His tribulations are The homely, philosophic “Joe Huhbell, evasive ““Squire Trimble'' and unecrupu- lousness of the voluble “Mr. Fraude” add spice to the story. Aaron's matrimonial desires for his son brings in an interest- ing love tale. The work ls healthy in tone, the dlalogues are brisk and bright and the interpretations of the characters are true to nature. The author finishes the story with everybody happy and contented in “love, peace and prosperity.” alliance “Gleanings from Nature" & new book by Eva M. Carter. This work deals with nature at first hand. The author spent a number of years in travel- ing through the mountains of western North Carolina and Virginia, drawing and studying birde, flowers, insects, etc., thus gathering the material of which she has made use in her book. It is full of the ozone of the mountains and draws the reader near to nature's heart. Miss Car- ter had the advantage of careful schooling both in Norfolk, Va., and in her present home at Raleigh, N. C. She thus brought to her study of nature a developed mind and a prepared intelligence. Those who are fond of out-of-door life and who de- light in hearing the birds sing and seeing the flowers grow and in treading the green sward will find a feast in this book. It is published by the Abbey Press. is the title of Mr. W. T. Stead was an Intimate friend and confidant of Cecil Rhodes and for years was Intrusted with the great South African's imperial secrets. Only a part of Mr. Stead's disclosures, made since the death of Rhodes, has been given to daily press, but the whole story is told for the first time in the May number of the American Monthly Review of Reviews. There will be found the full text of the remarkable notes on world politics writ- ten by Mr. Rhodes in 1890, commenting h tho great freedom on current American affairs and giving some sug- gestion of the ideas which underlay the Oxford scholarship scheme. Nowhere else has been published so complete and au- thoritative an estimate of this modern Coloesus of the English-speaking world. Pictures of “Groote Schuur,” Mr. Rhodes' Eome at Capetown, with excellent portraits of Mr. Rhodes himself accompany the article. The Outlook 8 making a special feature of printing elngle-page portraits and sketches of people of immediate note. The May magazine number contains such por- traits and sketches of Donald G. Mitchell (“lIk Marvel”), who has just passed his elghtieth birthday; James R. Garfield, the new civil service commissioner; Frank P. Sargent, who is to be the new Immigrant commissioner, and Henry Clay Evans, who has lately resigned the office of commis- sloner of pensions. NEW BILLBOARD ORDINANCE It Passes at Special Meeting of City Council with Heye D senting. At a special meeting of the city council yesterday afternoon the new billboard ordi- nance, which provides for a license fee of $100 per year for the privilege of posting slgns, erecting billboards and dlstributing advertising matter, was passed, Hoye di senting. Councilman Hoye said he op- posed the measure because it was class legislation and tended to create a mo- nopoly. Consent was granted to the Mutual Ofl Tank Line company to erect tanks, ware- houses and an office bullding at Eleventh and Clark streets. The work, which will begin next week, contemplates the penditure of $5,000. Sewer contracts with James P, Connelly and J. 0. Corby were approved. ex- THE GOLDEN POPPY. Millions of Bright Greeted the Califor: Blossoms that Ploneers. Far out at sea gleaming sheets of daz- zling gold arrested the gaze of the early explorers of California, says Fruits and Flowers. Blazing along the Pacific coast, em- broidering the green foothills of the snow- capped Slerra Madres, transforming acres and acres of treeless plains into royal cloth of gold, millions of flowers of silky tex- ture and color of gold fascinated the Span- ish discoverers. Am eminent botanist, Eachsholtz, at once classified the plant and his followers conferred his name upon this, the only native American papaver. Dream-like in beauty, fascinating from sheer loveliness, spreading its soft undula- tions over the land, the California poppy bloomed above the richest views and ar- teries of gold the world has ever known, all unsuspected. A Circe, with powers to please, dazzle and charm by its enchant- ments, while it allures, lulls and mystifies, this flower of sleep seemed to draw by some occult process from the earth the elixir of gold, unfolding its blossoms of gold as beacons, proclaiming. “We are blooming above rich mines of gold. There is never & mystery about the poppy. It is a weird flower. It is almost sentient with a life unknown to human kind. “While glory guards with solemn tread the bivouac of the dead,” stealthily a sea of gore creeps over the old battleflelds. Blood red, the popples in waves and bilows hold high carnival above the soll that covers the slain. Lord Macaulay says of the bat- tlefleld of Neerwinden: “The summer after the battle the soll, fertilized by 20,- 000 dead, broke forth into millions of blood- red popples. The traveler from St. Troud to Tirlemont who saw that vast fleld of rich scarlet stretching from Landen to Neerwinden could hardly help fancying that figurative description of the Hebrew prophet was literally accomplished, that ““The earth was disclosing her blood and re- fusing to cover her slain." Bayard Taylor in “The Lands of the Saracen” says he contemplated, with feelings he could not describe, ‘“the old battlefields of Syris, densely covered with blood-red poppies. blooming in barbaric splendor, gloating on the gore of soldiers slain.” ¢ s o However interesting the poppy may be to men of science and to lovers of the beau- titul, it {s yet more 80 to the people of California. This beautiful, weird, gold- colored flower of gossamer texture belongs to California alone. ' Nowhere else in the world has it ever made its habitat. There it le naturally so profuse that it is related &8 & fact that coming on a tura full face upon a blooming fleld of yellow poppi: dazzling in the sunshine, horses have been put to flight, as from flames of fire. Resignation Is Ae ed. SAN FRANCISCO, May 1.—The United beautiful men, women and children—per. sous of pow accomplishment and good 1 Raliroads company of this city hhs ac- cepted the resignation of General Manager E P. Vining. successor has not been chosen has a| the | T Ness. The book is both a criticism of ex- isting conditions and a clear indieation of the way to a better order. Mr. Hender- son strongly favors kindergartens, manu training schools, small classes; experimen- tal and latoratory methods in teaching. His book is written with much vigor and conviction, and is both suggestive and in- forming. (ITY OF DACCA IS RUINED Ancient Oapital of Bengal and Adjoining Towns Devastated by a Tornado. FOUR HUNDRED AND SIXTEEN KILLED Crops Throughout the Entire District Are Utterly stroyed by the Fury of the Raging Storm. CALCUTTA, May 1.—A tornado has dev- astated the city of Dacca and adjoining towns. Four hundred and sixteen persons were killed Crops were ruined throughout trict. the dis- Dacca, & city in Bengal, has been a fa- mous place in the history of British India It is situated 150 miles east of Calcutta. In the seventeenth century it was the capl- tal of Bengal. In 1800 it had a population of 200,000 and was noted for its product of fine mus. lins, which were known as “‘woven wind." Growing Imports of Manchester' cottons ruined its industries, however, and by 1881 the population had dwindled to 82,000. SUPREME COURT SYLLABI. No. 11543, State ex rel Clark & Leonard In- surance Company against Scotts Bluff County. Error from Scotts Bluff. Afirmed Duffie, C. Department No. 3. 1. Article Vi of chapter Ixxvil of the Comn- plled Statutes, making provision for the levy and collection of a tax to pay juds- ments entered against a county or other municipal corporations in this state, cone tains no speclal provision for disbursing the fund: hence the usual course of draw- | ing money from the county treasury by | obtaining a warrant against the fund must by pursucd by the judgment creditor 2 The Board of County Commissioners should draw a warrant in favor of the judgment creditor for the amount of any judgment tax collected when demand is made by him therefor, and when any con- siderable amount has been collected and 1s in the hands of the county treasurer ap- plicable to the payment of the judgment, and the duty of the treasurer to pay such warrant may be enforced bl mandamus. No. 11571. Wells against Fraxier. Appeal from Custer. Affirmed. Holcomb, J. 1. An objection to an apprisai of real estate for the purpose of & judicial sale, to be available, must be made and filed before a sale thereof is had 2. A deputy sheriff may act for and In the place of the sheriff {n making an ap- | praisal of real estate for the purpose of a judicial sale, of the parties to an action | against whom the decree operates, is not invalidated because the names of the own- ers of the equity of redemption are not stated other than by the designation ‘et al” after the name of the principal de- te s . 11672. Falstrom against Banning. Ap- from Custer. Affirmed. Per curlam. No. 11578. Palmer against Caywood. Error from_ Saline. Affirmed. Holcomb, J. 1. Where a demurrer to a petition is overruled and an answer under lease given by the court is filed, the error in overruling the demurrer, if any there be, Is thereby walved. 2. 1t is not required that an execution be issued and returned nulla bona as a condi- tion precedent to maintalning a suit on a supersedeas undertaking executed and de- llvered under the provisions of section 588 of the Code of Civil Procedure. 2. Nor is it required that the judgment creditor shall on affirmance of the judg- ment exhaust the property of the judgment debtor before bringing suit on the bond Iven to operate as u wipersedens pending he review of the proceedings resulting in the judgment by the appeallate court. 4. Nor, where the judgment debtor has dfed pending such review, can the judg- ment creditor be required to look to the estate of the deceased, although solvent, for satisfaction of the judgment before maintaining a suit on the supersedeas bond. 5. When the issues In an action are regu- larly made up the cause stands for trial and a party thereto will not be granted, as a matter of right, a postponement solely on the ground that''the {ssues as made by the pleadings were formed sooner than he_anticipated they would be. No. 11579 Moulthan against AKing. Appeal from Fillmore, Affirmed. = Hol- comb, J. 1. Record examined and held confirma- tion of sale of real estate was regularly and properly entered; held also that evi- dence is sufficient to ‘sustain the ruling of the trial court on objections to appraisal and_confirmation of sale. 2. The certificates of prior incnmbrances and appraisal of land for the purpose of sale in forclosure proceedings, are not re- quired to be stamped under the provisions | of the war revenue act of 18 Noble against Citizens Bank of Geneva followed . Questions discussed in briefs which are not properly presented by the record will not be considered. No. 11,881, Union Trust Company against Davis, Appeal from Custer. Afirmed Per Curlam. 1. Evidence examined and held to sus- tain the trial court In refusing to set aside the appralsement as being too low. 2. Where a decree of foreclosure directs a sale of real estate by < sheriff, such sale is valld if made by the deputy sherfff No. 12,4]. _ Rosenbloom against State. frror from Platte. Affirmed. " Sullivan; C. J. 1.'The law imposing a license tax upon peddlers (Secs. 162, 153 and 154, Ch. Ixxii, Art 1 Comp. St 101) has for its ob- ject the raising of revenue, and its enact- ment was an exerclse of the taxing power and not the police power. 2. It 1s a settled doctrine that the courts | will not declare an act. of the legisiature unconstitutional unless it is manifestly so. 3. The provisions of section 154 of the general law, authorizing fine and impris- onment as & means of enforcing a license ax, does not trench upon the constitution and is _therefore valid. State against Green, 21 Neb., 64; Magneau against I're- mont, 3 Neb..'s#,’ and Templeton against Tekamah, 32 Neb., 82 Overruled. | 4. An act entitled “An act to provide system of revenue' covers the entire s ject of taxation and comprehends wh ever means or machinery the legislatu MA; rovide to enforce payment of taxes, % rhe provision of the constitution. (Sec; | 1, Art. ix,) authorizing the taxation of | persons engaged in certaln occupations, buch manner as the legislature shall di- rect by general law, uniform as to the | classes upon which ‘it operates, forbids partiality and favoritism and makes equ; ity before the law a rule of legislative ction. It does not, however, forbid rea- | sonable classification of persons for the must rest on some reason of public polic bstantial difference of situation or clrcumstances that would naturally suggest the justice or expedi- eny of diverse legislation with respect to the objects or individuals classified 7. There is no such a real distinciion be- tween persons who 0 from house to house and place to place vending their own products and those who sell In the same way the productions of others, that the legislature, acting on conslderations of general policy, may ‘make it the basis of classification for the purpose of taxation. 8. A particular classification may be valid if the object of the statut- ‘s to raise revenue, and invalid if the object is regu- lation. 9. The law impos an_occupation tax upon peddlers is sufficiently certain to be capable of enforcement No, 12476, Verrard against State. Er- ror from Hall. Affirmed. Sullivan, C. J 1. The provisions of the general revenue law imposing an ocupation tax upon ped- dlers were enacted by the legislature in the exercise of Its taxing powers and are valid 12478 and 12,479 Nos. Morgan against State. P_‘Jnor from Otoe. p Affirmed. Sul- livan, C. 1. Under the provisions of section 46 and sub-division of section 8, chapter xiv, arti- cle i, Compound Statutes, 191, village au- thorities have ample power by ordinance 10 license and regulate billlard and pool roome 3 And by this sub-division § of wection @ aforesald village trusiees are author- ized to raise general revenue by levying and collecting & license tax on persons en- aged in the business of conducting bil- flard and pool rooms. 3 An ordinance whose main object ls to license and regulate a business or calling is not wholly void because a provision im- posing & small occupation tax is not Clearly expressed in its title, as required by section 79 of chapter xiv, article |, Com- plied Statutes, 1901 11182 Jenkins against Myatt et trom Butler. AfMrmed. Hastings, sion No. 1. Uhreported. Striking an answer from the files because filed out of time, where it was filed before the third Monday after fifty days from the judgment appealed from. is error without prejudice where detendant has no stand in court and no right to ihsst on any d Fire and Marine Insur- ainst Kelley. Error from Furnas. reed. Day. C. Unreported Wwere & written application for Insur- Jap Rose (vmase wana) Soap one-sixth pure glycerin, is . transparent and perfumed with the odor of natural flowers. Will not injure the skin of a new-born babe. Satisfactory and pleasing for the toilet. It is the perfected product of scientific soap-making. JAMES S. KIRK & COMPANY Kirk's Rain Water Maker —Softens the Hardest Water Send ten cents postage for free sample Combines the life-giving, health-promoting qualities of the juice of the grape, with fruits and herbs. It is nature’'s own tonic, and is as delicious in taste as it is pleasant in effects. It is an ideal medicine, A CRUSHED FRUIT LAXATIVE. Itis especially efficacious in dyspepsia and bowel troubles. A large percentage of the diseases to which the human family is heir are caused by constipation. canal, the human sewer as it were, When the great main is clogged, a myriad of ills result. MULL’S GRAPE TONIC WILL CURE CONSTIPATION. not by violent and sickening purging, but by gently opening the clogged channels of the body and permanently curing, by restor- ing the normal functions, at the same time it is a blood-making, strength-building tonic, acting as neys and nerves. The benefits A large size bottle for 50 cents. Sherman & McConnell Drug Co,* ™ Mull's Lightning P ance is made upon a blank which provides that no liability shall attach until the ap- plication has been upproved by the home | office, and the application, togetner with the premium, Is delivered *n the nt of the company and before the application has been approved by the home office the property insured is dsstroyed by the hazard insured against. Heid, that the | ance company s not Mable for loss occurring tefore such approval 11319. McCarthy against from Douglas. = Affirmed Division No. * Unreported 1. Where title 18 derived from a common source plaintiff in an actlon of ejectment need only show title from this common source to enable him to recover on the strength of his own title, 2. Instructions examined and held, erly given 11346, City of Omaha against Doty. Error from Douglas. Afirmed. Duffie, C. Divi- slon No. 4. Unreported 1. This court will not interfere with the verdict of a jury unless it is clearly un- supported by the evidence. 2. Allegations of the petition held to be supported by the evidence. 11353, _Kingman Implement Company against Strong. Error from Johnson. Af- firmed. Barnes, C. Division No. 2. Unre- ported. 1.In a repl Harry. Error Oldham, € prop- n action brought to this court on error w there is a total fallure of evidence to show that plaintiff had any interest in the property it will be presumed that the value of the defendant's right to he possession of the property is the same its value found by the verdict of the Jury. 2 Objectlons to the form of a verdict must be made when it is rendered and be- fore the jury Is discharged. Objections not made and exceptions not taken to it until a motion for a new trial is filed will be deemed to have been walved. 11424, Westervelt against Filter. trom Plerce. Reversed. Oldham, C. slon No. 2. Unreported When un action is brought to set aside a fraudulent conveyance more than four ears after the date of the conveyance it {s incumbent on the plaintiff ‘to show him- self within the exception that gives addi- tional time on account of the want of knowledge of the transaction, by stringent rules of pleading and evidence. 2, The same stringent rule and proof is required to toll the statute for want of capacity to bring the action as is required to toll it for want of knowl- edge of the fraud. 3. Evidence examined and held not suff- clent fo sustain the judgment 11431, Real Batate Trust Company against Fawell. Appeal from Lancaster. Affirmed Duffle, . "Division No. 3. Unreported 11444, Shelleck against ney. Error from Douglas. Reversed, with instruc- tions. Day, C. Division No, 1. Unreported 1. Prior to 1901 there was in this state no | vaild statute authoriziog an appeal from | the judgment of a justice of the peace in an action for the forcible entry and de- tention or forcible detention oply of real property. 2, The jurisdiction of the district court in such acilon being derivative only is not alded by consent of parties. Ettenheimer against Wallman, 88 N. W Rep. (Neb.), 569, followed. 11484, Connor against Rymsey Douglas. Affirmed. Hagings, No. 1. Unreported 1. Evidence examined and held sufficient) to sustain finding of jury that the consider- ation of the note sued upon was not tainted with any Indebtedness arising out of gambling transactions 1150 Kenare against Grossman. trom Dougl Affirmed. Albert, ¢ sion No. 3. Unreported. 1. In proceedings in error only such grounds as are assigned in the petition | error will be considered. 2. Where a party to a suit requests the submission of a question to the jury b the tender of an instruction which is re fused he cannot complain of an Instruc- tion, given by the court on Its own motion submitting the same question. 3. It is not error to refuse to give a struction tendered when the ground c ered thereby is covered by Instructio glven by the court on Its own motion 11519. Lay against Honey. Appeal from Hitchcock. Reversed with “instructions. Barnes, C., division No. 2. Unreported. 1. One who makes payment of a promis sory note to a second person, not the owner of the note, and not in possession of it, at a place other than the place of payment esignated therein, assumes the burden of proving that the barty {o whom pasment was made was empowered to collect the | money. H 2. The fact that the money to pay In terest coupons has been pald to such per. sent the same Lo the origina &t the place of payment; “Hat of pleading or from , division | Error , divi | i 2 Killes eures et sore throat, and all pain. Rub it on or | or'a well on the stomach, liver, kid- are apparent from the first dose, . W. Cor. 16th and Dedge Omaha, Neb. othache, colds, 1t—25 cents, 000000000000 it was sent to the owner of the note and mortgage, who returned the pald coupons to the mortgagee, who In turn sent them to the person to whom the money was piid, to be delivered to the mortgagor. iy not sufficient ground to infer that such perses has authority to collect the prineipal sum where the evidences of Indebtedness are not, and have not been, in his possession 3.'Evidence examined and heid not suffl- clent to show authority on the part of the person to whom the money was pald, te collect the same 11511, Luce against Sorensen. Appeal from Douglas. _Affirmed. Hastings, C., division No. 1. Unreported. 1. Evidence of attormey, In whose handy note and mortgage h been since ma- turity, that no proceeding: at law have been had on them In county where prop- erty 18 situated and where defendants we'e erved with summons, and none elcewhers to his knowledge, is sufficient In abseucs of all contradiction to support in this re- vpect a decree for plaintiff 2 An_extension apreement which le not pleaded and as to which there is no defini e cvidence held properly disregarded. 12189. Morrison against Lincoln Savinga Bank and Safe Deposit company. Appenl from_Platte. Affirmed. Albert, C., divi- sion No. 3. Unrcported. An offer of compromise, made by debtors of an_insolvent bank 'to the ° receiver thereof, examined and held there wae no abuse of discretion on the part of the ‘rial court in directing the recelver to aceept | 12241 Patterson against State ex r Dusenbery. ror from Nuckolls. Re- versed and remanded. Day, C., division No. 1. Unreported 1 When an _application for a writ of mandamus and the alternative writ to re- quire the chalrman of the county commis- sloners to sign a warrant "gainst an “ad- vertising”’ fund contain n, allegation of money n the treasury or tax lavied, o appropriation for such fund, they state no cause of action 12531, State ex rel Chadron Bulldin Loan association against Westover damus writ denled. Pound, C., No. 2. Unreported. 1. An ultimate right of review by errar peal is a plain and adequate remedy withh the purview of section 616, Code of Civil Procedure, 2. As an order setting aside a decree and, granting a new trial made without juried'e- tion may be reviewed on error or appeal as soon as It results in a new decres, & writ of mandamus will not {ssue to compel vacation of such order and reinstatement of the original decree No. 11414, Hill against McGinnii. Appeal trom Lincoln. Affirmed. Holeomb, J. 1. To establish a highway by prescription there must be a continugus user by the public under a claim of right, disiinetly manifested by some appropriate action on the part of the public authorities, for period equal 1o that required to bar an a tion for the recovery of title to land. Lewis against City of Lincoin, 55 Neb., 1 2. A prescriptive right to a strip of land as a public highway cannot be acquired by lapse of time where the rosdway is through the inclosed premises of the owner and the use thereof permissive only and the roadway is changed from time (o time to suit the convenlence of the owner, and no acts of control or dominion over it is ex= ercised or asserted by the public authori ties wnd an- division Always Semcthing New to Show You. % Society Stationery Our display Is the largest. Our goods the proper thing. NERY © Boclety Stationers. 138 Farnam St BOOKS! BOOKS! Marble Faun, Bitter Sweet, Black Rock, Library edition, 2c each. Write or calj for list of bargains. 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