Omaha Daily Bee Newspaper, May 20, 1902, Page 4

’ OMAHA DAILY BEE: TUESDAY, MAY 20, 1902 CURRENT NEWS OF IOWA COUNCIL BLUFFS. MUSIC DRAWS A BIG CROWD + Boveral Thousand People Visit Fairmount Park During the Afternoon. " CONCERTS TO BE GIVEN EVERY SUNDAY Park Commissioners Will Endeavor to Popularize the Place as Far Funds at Command Will Permit, The band concert at Fairmount park Sun- day afternoon was listened to and ap- preciated by at least 2,000 persons. The park never looked prettier and the addi- tional attraction of Albin Huster's band made it doubly a drawing card yesterday. Anticlpating a blg patronage the motor company increased its service on the park line and the trafic was well handled. The young people were out in full force and the swings and other amusements pro- vided for them were fully enjoyed. The “Zoo" proved of much interest not only to the children, but to the elder folk as well. During the band concert the hillsides ad- jacent to the handsome bandstand were crowded with people, the whole presenting & decidedly plcturesque and animated scene. Yesterday's was the first band con- cert given by the Board of Commissioners since the grandstand was erected at con- siderable cost nearly three years #go Lack of funds is said to have been re- sponsible for the lack of music at the park. Commissioner Graham is in favor of having these Sunday afternoon concerts, as they have always been well patrouized by the public, and he stated yesterday that so long as the funds would permit they would be continued this summer. This was the program given by Prot. Albin Huster's band yesterday afternoon from the opera—The Querture~Crown ' hiamonds Auer o—The Holy City . Cornet Bolo= e Rendrick. Waltz—Actist Life... 3 Belection from the Serenade...... Trombona Solo—Selected. . Albin Huster. © the opera “Tann- P oo o iR, Wagner Grand Potpouri of Meiodies from Grand Dverture—Poet and Peasant.. (a) Salome..... AR (b) La Paloma AL Waltz—Wine, Woman and Bong Fest March... oo . Plumbing and heatmn, Strauss Herbert .Beyer .F. Suppe Lorane .. Balfour Strauss .A. Hunter Bixby & Som main to be put on to have everything In readiness for the opening on that date. The return match between the Van Brunts’ Helen and Dickinson's Andover is set for June 6 at the lake and the local yachtemen are still confident of being able to prevent the cup from going to St. Joseph James G. Wallace of Omaba is now the owner of Xenia, which wae safled last year by Fred Hamilton and brother. Wallace talled Andover In its races against Helen and {3 expected to show eome of the other boats this season that Xenia can do a thing or two In that line. MINOR MENTION. Davis sells drugs. Stockert sells carpets and rugs. Wollman, scientific opticlan, 400 B'wa: Leftert, eyesight specialist, 238 Broadway. Take home a brick of Metzger's ice cream. Vanila, %¢; Neopolitan, 3c. Plcture framing a specialty. C. E ander & Co., 33 Broadway. Tel. 366. Mr. and Mrs. Homer Richey of Albla, Ta., are guests of Mrs. Richey's sister, Mrs. E. McConnell, ‘on their way to Denver, where they expect to make thelr home. Spencer Smith of this city has been in- vited to deliver the Memorial day addre: at Silver City Mr. and Mrs. Harvey, evangelists, have begun a series of revival meetings at the Edgewood church, southeast of this city, in Garner township, which will be con: tinued every night this week. Captaln and Mrs, H. G. Ankeny of Corn- Ing are guests of M. M. Parkinson revenue collector, and family, nue. Captain _Ankeny comman pany H of the Fourth lowa In the c These delegates from St. Paul's E church will jeave today for Davenport, to attend the "annual diocesan econvention Leonard Everett, Victor E. Bender, John T. Stewart, M. F. Rohrer and K. eH. Mer- riam, R. B. Trenor of Cedar Rapids arrived In Council Bluffs in scarch of his 13-year-old son Harry, who is belleved to be in this city. It is thought that the boy is em- ploved in one of the dye works, but the police were unable to find him last night. Cox & Campbell, publishers of the Coun- cil Bluffs Times-Democrat, say that the printing outfit which C. R. Nicholson seeks 16 replevin from E. F. An@e’ is the piant of the Underwood Unlon, which they sold to J. G. Todd, taking a mortgage as part of the purchase price. This mortgage they s0ld to Nicholson. Aney also held a mort- gage on the plant, but Nicholson claims his was a prior one. The suit does not af- fect in any manner the plant of the Times- Democrat. INCIDENTS OF CORONATION Queen Mother Sheds Tears of Joy at Ovation to Her Royal Son. Alex- MADRID, May 19:—During the ceremonies yeaterday attendant on the attaining of his majority by King Alfonso the queen mother was seen several times to wipe the tears N. Y. Plumbing Co., telephone 250. Victory for the County. The ruling of the supreme court in the tax ferret case of August Beresheim, guar- . dian of J. B. Keeline, against County Treas- urer Arnd s a decided victory for Pott- awattamie county. County Treasurer Arnd assessed Beresheim as guardl of J. B. Keeline on $50,000 for the years 1806, 1897, 1898 and 1899 and on $75,000 for 1900, act- ing on a report_of Tax Ferrett Cunningham that he had unearthed property to this amount which had been withheld from a: sessment. Bereshelm appeal to the dis “trict court and the case was tried before Judge Wheeler, who held that Beresheim was only lable for the assessment for the years 1598, 1899 apd 1900, with interest from the fisst of January in each of these years. Judge Wheeler's ruling practically was that the tax ferret law was not re- troactive beyond 1508. While the supreme court upholds the tax ferret law It modifies Judge Wheeler's ruling by holding that taxes can be assessed back to 1898, but that no Interest can be charged except from the time that the county treasurer makes the assessment. Davis selis grase. Gravel roofing, A. H. Read. 641 Broadway. Thieves Loot Tallor Shop. When Carl Herr entered his talloring shop at 621 West Broadway Sunday morn- ing he discovered that the place had been wisited by thieves during the night who hed almost depleted his stock of goods, b sldes carrying off a number of garments which were ready for delivery. Investiga- tion showed that the thieves had carried away six pair of trousers, four full sults, two uniform sults and large number of bolts of cloth. From the amount of goods taken, it is belleved the thieves must bave hauled their booty away in a wagon. They secured entrance to the building by breaking fn the back door. The store is in the middle of the block, Just west of the postofice and next door to a restaurant, which Is kept open the greater part of the night. Herr left a light burning in his shop as usual when he locked the place up Saturday night. The light makes the entire interior plainly visible from the street. Davis sells paint, Homes for AlL For sale at low prices and easy payments, homes in all parts of the city, including some of the nicest residenc and tbose of moderate size. Also dwell- ings and Obusiness property in Omaba. Farms bought and eold. It will pay you o see us at the office of J. W. Squire. At a meeting of the directors of the Councll Bluffs Rowing association held yes- terday at the club house at Lake Manawa It was decided to formally open the seasou Decoration day, May 30, with a number of salling races. A number of lmprovements Bave been made at the club house and srounds and only the finishing touchs 1709 RN 1902 For 193 years the F:00: F. (fohann Maria Farina) 19-11 EAU DE COLOGNE HAS KEPT THE LIASD““ = Japan, 1 B st FOR SALE BY W. R. BENNETT CO. 8 W L-“ol‘. 16th and Harney Sta. WUITS CLEANED— . ed and pressed. Special attention given ladies’ ,‘mnl‘. Also chenille y el from her eyes when the king received the ovations of the people. A pretty incident occurred while the royal procession was passing through the streets of the city. After the royal coach left the Chamber of Deputies a group of young girls ap- proached the carriage and one of them offered a boquet of roses and carnations to his majesty, while her companions re- leased a number of doves. Several of the birds flew to the royal coacli, and one w caught by the king. His majesty accepted the boquet and warmly thanked the donors. J The unusual event of two bullfights in one day wae witneseet: today. One fight was held this morning and the other this afternoon, and the Plaza del Toros was filled each time. The court and the diplomatic represent; tives here attended the laying of the foun- dation stone of the first monument to King Altonso XII, the father of the present king, in the Buen Retiro gardens at 4 o'clock this afternoon. Tha ceremony was performed by King Alfonso XIIT. Madrid was generally illuminated tonight and fireworks were witnessed from different points of the city. An address from the king to the army and navy sultable to the present occaslon was issued this morning. The Chamber of Deputies, where King Alfonso yesterday took the oath to uphold the constitution, was filled to its utmost capacity. The brilllant uniforms of the princes, diplomatic and military and naval officers, together with the tollettes of the women, contrasted strongly with the even- ing dress of the senators and deputies present. A touching incident occurred as the mem- bers of the royal party were leaving the hall. All of them had left the chamber, with the exception of the king and the queen mother, when his majesty instinc- tively stepped aside to permit his mother to pass firet. But the queen mother moved back and motioned her son that it was his place to go before her, now that her r gency had ended and he reigned as king. ADMITS GIVING REBATES ‘Frisco Frelght Agent » His Road Made Illegal Concessions to Shipper ST. LOUIS, May 19.—J. A. Middleton, gen- eral freight agent of the St. Louls & San Franclsco raflway, testified at a hearing be- fore the Interstate Commerce commission in St. Louls that his read had given re- bates on grain shipments in violation of the Interstate commerce law, and it is ex- pected that the commission will at once ask for an Injunction to restrain that rail- road company from further violations. The hearing was conducted by Special Agent Marchand before Commissioners Prouty and Fiter. Mr. Middleton's testimony was to the effect that the 'Frisco, prior to January 1, 1902, had made refunds to the Bronson- Judd Grain company and Langenberg Bros & Co., on graln brought to the Mississippi river. He stated that the 'Frieco had been forced to this practice by the competition of otber lines, which sjuce have been en- Jolned. The 'Frisco, fccording to the statement of @ treight officlal, will make no objection to an injunction; in fact, it 1s stated that the' company would rather prefer to have it. An injunction against the 'Frisco will put all the roads in the grain territory on the same basis. The commission has concluded the hear- ing of the case against the Mobile & Ohlo road. The testimony was to the effect that all sbippers had been made acquainted with the 1l-gent rate on grain between Bast St. Louls and Vicksburg. Complatnt bad been made that this rate had been given to one grain firm in discrimination against Apother. The result of this h ing will be further instructions from the commission n the matter of making public all rates. An order covering this subject | will be issued at omce from Wasbington, it is stated. . Plymouth Endorses Thomas. LEMARS, Is, May 19.—(Special)—The Plymouth county republican convention met yesterday to select delegates to the state, congressional and judiclal conveations. WIS CUTLER ~—FUNERAL DIRECTOR— 34k A anemmgn o ns Judge F. R. Gayuor, candidate io the Fourth judicial dlstrict, was allowed to select his own delegation. The cenvention passed resolutions indorsing the remomination of Hon. Lot Thomes to congress aund indorsed the candidacy of W. Corawall for READY FOR THE VETERANS Largest Orowd that Has Attended Encamp- ment for Years is Expected. NO EXTRA SESSION OF LEGISLATURE Governor of Opinion Calling One to Appropriate for Schools for Deaf Would Open Up Too Many Other Matters. (From a Staff Correspondent.) DES MOINES, May 10.—(Special)— Preparations are being made for the Grand Army encampment in Des Moines this week and it is anticipated that a larger crowd will be present at the encampment than at any similar meeting in Iowa for many years. The city is being decorated, halls bave been provided and special programs have been arranged for the week. The en- campment proper begins on Wednesday, the council of administration holding its an- pual business session on Tuesday after- noon. Among the distinguished persons who will be present and deliver addresses are: General G. M. Dodge, Governor Van- Sant of Minnesota, General Torrance, com- mander-in-chief, and possibly General Wil- llamsofi. There will be campfires galore and many special reunions. There will be a reception In the state house by Gov- ernor Cummins and staff to Governor Van- Sant and staft and the members of the Grand Army of the Republic on Tuesday afternoon. A reunion of the assoclation of Spanish-American war veterans will also be held. It is probable that Cedar Rapids will be selected as the place for holding the next annual encampment of the de- partment. Other State Meetings. In addition to the department encamp- ment of the Grand Army of the Republic there will be several other meetings in Des Molnes during the week. The Iowa State Medical society meets here in annual ses- slon, the annual address of Dr. James B. Guthrie of Dubuque being delivered on Wedneaday morning. The program covers three days. The State Bankers' association commences a two days® session on Wednes- day, the feature of whizh is to be an ad- dress by C. G. Dawes, formerly comp- troller of the treasury. The State Pho- tographers' association will hold & session in the city during the week and make an exhibit of photography. As to Extra Seasion. There is no probability of an extra ses- slon of the Iowa leglslature unless some- thing new turns up. This was made plain at the meeting of the exe:utive council when the deaf school appropriation was considered. The governor has considered that it would be unwise as well as un- neceseary to get the legislators together again. It is known that if they should meet to consider the deat school appropriation they would also consider many other mat- ters, and the whole fleld of general legisla- tion would be opened up again. Will Not Entertain Ministers. A pecullar situation has developed in Towa in regard to the church meetings held annually. A committee representing one of the conferences of the Methodist church in northwestern lowa went to work to s cure a favorable location for the confer- ence. The good towns were approached and inquiry made as to whether or not the good people of the towns would undertake to glve free entertainment for all the visiting ministers if they came that way. The ln- quiry was discouraging to the committee and members were informed that neither of the towns would care to entertaln the con- ference on the usual terms. The impres- slon prevalle that there is a general move- ment to do away with the free entertaln- ment of conventions of ministers and the action of the two towns as reported to the conference rather Indicates as much. The ninth annual meeting of the Corn Belt Editorial aseociation is to be held in LeMars this week. 0ld Man Run Down and Killed, FORT DODGE, Ia., May 19.—(Speclal Tel- egram.)—John Kinney, aged 75, was killed by a ‘'bus at a late hour Saturday night, being run over on a dark street while at- tempting to cross. Kinney was deat and 1 not hear the 'bus coming.” Deceased has no relatives that can be located. The coroner's jury gave a yerdict of accidental death. Deceased was an jeccentric charac- ter, well known about town. A search of his effects revealed a large number of women's handkerchiefs which he had ee- creted. PRAYERS FOR MARTINIQUE Churches in Paris Hold Services for the Victims of the Voleano, PARIS, May 19.—At the close of mass in all the Roman Catholic churches of Parls funeral palms were chanted and funeral services were said for the dead in Mar- tinique. The congregations in the churches were good and collections for the aid of the West Indlan sufferers were taken up. At a special service to be held in the church of St. Augustive tomorrow afternoon Bishop Cormorant of Martinique, who is now in Parls will pronounce absolution. The commemorative service for the Mar- tinlque dead, which was to have been held at Notre Dame, was postponed on account of the absence from France of President Loubet, as this service was intended to be & bigh religious and state function, Appropriate services for the Martinique victims were held in all the churches throughout France today and collections to ald the sufferers were taken up, The performance of Barnum & Bailey's circus at Toulouse yesterday added 25,400 france to the Martinique fund SCHEDULE FOR BOTH HOUSES Senate Will Devote Entire Week to Debate on Philippine Gov- ernment WASHINGTON, May 19.—The entire time of the senate for the present week will be devoted to the consideration of the Phillip- pine government bill, and there is no rea- son for changing previous predictions that the debate upon that measure will practi- cally be completed before the close of the week. The fact that there will be an ad- journment of the senate covering next Sat- urday, in order to permit that body to par- ticipate in the unvelling of the Rochambeau statue, probably will have the effect of postponing the final vote until the following Monday or Tuesday. There is, however, no longer doubt fn any quarter that the minor- ity will permit debate on the bill. Under the present srrangement the bill will oc- cupy most of the week and the prospect MOTHER GRAY'S SWEET POWDER for Children. Mothar Gray. for years & suree in the Childrea's Home in New York. treated children su: famtully with & the e R~k is against the sandwiching in of much other business. Speeches in support of the bill are promised by Senators Burrows, Dol- liver and Spooner, and in opposition to it by Senators Hoar, Bacon, Patterson and others WASHINGTON, May 19.—After finishing the naval bill this week, the house will take up the bill reporting from the committee on foreign affairs, relating to passports. One day will be devoted to claims, the reg ular day for that business last week having been postponed Under a soecial order a bill for the re- striction of Irrigation will be taken up and it 1s expected will cause quite a lively de- bate. There is also a prospect of taking up the Hill bill, relating to subsiduary coin- age. This measure will be strongly antagon- ized by the minority and may precipitate a discussion of the currency question. Early in the week the committee on rules will hold a meeting to decide whether or not time shall be given for the considera- tion of the bill for a Pacific cable. SUPREME ~ COURT SYLLABI 1168, Yarnal against Hupp. Error from Red Willow. Affirmed. Hastings, C. Divi- sion No. 1. Unreported. 1. Signature and seal as a notary public sufficient to establish, at least prima facle, the officlal character of notary of another state. 2. Amount due on a mortgage s not af- fected by the fact that an action on the note, which it secures, {8 barred by the statute of limitations. 3. Where both note and mortgage provide fpr 10 per cent per annum interest after aturity such agreement fixes the interest to be allowed on_foreclosure. 11680. Omaha Loan and Trust Compan; against Borders. Appeal from Buffalo. Af- firmed. Barnes, C. Division No. 2. Unre- ported 1. The fact that the officer had the certl- ficates of prior llens in his possession at the time of the appraisement of real es- tate under an order of sale and called the attention of the other two appraisers thereto, but does not deduct the amount thereof from the value of the land until after they separate, does not render the ap- praisement vold. 2. The appralsement of lands made for the purpose of a judiclal sale cannot be attached after such sale, except on the ground of fraud. President and Directors \of Insurance Company of North America agalnst Ackerman et al, 8 N. W. Rep. 28, approved and followed. 11665. Sutton Exchange ' bank _agalnst Grosshans. _Error from Clay. Affirmed. Barnes, C. Division No. 2. Unreported. 1. The verdict of a jury upon questions of fact submitted to them {8 final, unless such verdict is clearly and manifestly wrong. 2. Where the evidence is conflicting and the court upon a careful examination of it is unable to say that a verdict based thereon is cleariy and manifestly wrong the presumption is that the Juri', in their deliberations, were uninfluenced by passion or prejudice, and that they acted from proper motives, and unless there Is some proof in the record to the contrary the ver- ict will not be disturbed. 116%. Levy against Hinz. Appeal from Douglas. Affirmed. Pound, C. Division No. 3. Unreported. 1. The fact that appraisers did not ex- amine the interior of a house upon prop- erty to be sold under decree of foreclosure doeés not prove of itself that they acted fraudulently in making the appraisement. 2. A notice of sale which follows the de- cree in stating the claims for satisfaction whereof the land s to be sold is not open to objection. Irregularities or error in the decree must be corrected as such. 3. Where irregularities in the conduct of a judicial sale are charged the finding of the district court on conflicting evidence will not_be disturbed unless clearly wrong. 11716. Druse against Davey. Appeal from Lancaster. Affirmed. Da; C. " Division No. 1. Unreparted, 1. The supreme ‘court, though trying a case de nova on appeal, will not disturb the finding of the district court unless the finding and decree cannot be reconclled Ly rasronable Sonatruction of the testimony. '‘Gadson v. Phelps, 37 Neb., 5%, followed. 2. Evidence examined and held to support the finding and decree. 11740, Ashley — against First National Bank of Sutton. Error from Clay. Af- firmed. Duffie, C. Division No. 3." Unre- ported. . 1. A ‘tract, of land was encumbered by three mortgages, the first mortgage being for $2,400. In a proceeding to foreclose the second mortgage a decree was entered finding the amount due’ thereon and es- tablishing It as a second lien on the prem- ises subject only to the lien of the first mortgage for §2,400, “with the accrued in- terest thereon.” 2. Prior to the sale the court directed the sheriff to in¢lude in the appralsement as a rior incumbrance the sum of $1,138.67 as nterest due on the 32,400 mortgage, and the appraisement as then amended showed the defendant’s interest in the land to be $6:8.11. The land sold for $00. The de- tendant filed objections to "the appralse- ment and to the confirmation of the sale and made a showing that the interest due on the 32,400 mortgage was 31,100 only. 3. Held, that conceding that the court had no authority to make the order which it did relating to the appraisement vet, as the land sold for more than two-thirds of its appraised value, counting the interest on the first mortgage at $1,100, only the de- fendant was not prejudiced thereby. 11704, Fort against Cook. Appeal from NO USE FOR CREED RELIGION Dr. Van Dyke, Moderator of General As- sembly, Pleads for Aotual Ohristianity, BEATS DOWN BARRIERS OF SECTARIANISM Holds Up Christ as Only Example and Urges All Followers to Unite in Him for More Charit- able Service. NEW YORK, May 10.—The pulpits of the Presbyterian churches in Greater New York were, for the most part, filled Sunday with preachers from other places, all of the speakers being in attendance on the ses- sions of the general assembly. Rev. Henry Van Dyke, D. D., the newly elected moderator of the assembly, preached the assembly sermon at the Fifth Avenue Presbyterian church. This is the largest Presbyterian church in the country and its capacity wi taxed. Dr. Van Dyke was introduced by Rev. J. Ross Stevenson, D. D., the new pastor of the church. The moderator's sermon was an appeal to Presbyterfans to come from behind their denominational barriers and do battle for God. ‘“‘There is good fight- ing,” he waid, “all along the line on Fifth avenue, as well as on the lower East Side.” Dr. Van Dyke's sermon was from the text beginning [ Y “I am the door. said: Christ {s the door of our faith. There 1s no advance in religious knowledge, ex- cept through Him. There is no_reyision of creeds, save that to which He leads, Without Him there may be change, but the only possible improvement is to tune the music of our faith more closely to the keynote of His name. Every forward movement must be_througn Christ. His word 1s our chart. His spirit is our guide. His person {s our star. Our motto is: “Not a new gospel, but more Rospel.” Theology through Christ means the out- going of ¢he soul Into life with God, with new experiences, new wonders, new glories unfolding every day. _ Beloved, now we know in part. And the door that opens before us into'a wider, richer, truer knowl- edge of God, is Jesus Christ, His only son, our Lord, who is the blessedness of the Father's glory and the express image of His person. Again Dr. VanDyke gald: Faith in Christ sa ‘He that is not against us is for us.’ No Use for Creed Religion. I have no confidence In that sort of Christlanity, which will not join hands Wwith an honest Hebrew to relieve suffer- ing and enlighten Ignorance. I have no confidence in that kind of Protestantism which refuses to take hold of one end of the litter in which & wounded man is lying, because a Roman Catholic has hold of the other end. I have no confidence in that kind of Presbyterianism which lives in hostility and hatred towards Christians hayving other creeds and forms of worship, have no confidence In that kind of church which resembles a private religlous club, caring Py ior the comfort and re- spectability of its memberf ' unreasonably sure of its own salvation and indifferent to the salvation of the world. I believe in that Presbyteriani which s evangelical and evangelistic which loves the old gospel so much that it can- not keep it to itself, and which has no rivalry with any other church, except to try to'see who can do the most good in the world. I belleve in a church which goes through Christ and with Christ, to seek and save the lo; I believe in'a Chris- tlanity which is a giving, forgiving, sym- athizing, self-forgetting, and therefore, appy life of ministry to the soul of others. And T belleve that the perfection and con- tinuation of joy is heaven. Defines Presbyter t the Door. In one part of it he m, Rev. Dr. Herrick Johnson of Chicago, - Mrs. Ellen Ripley, Chaplain Ladies Aid, Grand Army of the toth Ave,’” N. E, Strongly - Endorses Republic, No. 7, 222 Minneapolis, Minn., Lydia E. Pinkham's Vegetable Compound. “ DEAR MRs. PiNkHAM :—Your Vegetable Compound cured me of ulceration of the womb, and getting such a complete cure I felt that the medicine had genuine merit and was well worth recommending to other sick women. “For fifteen years I have been your friend. I have never written you before, but I have advised hundreds of women to take your medicine, in fact it is the only real reliable remedy I know of for a sick woman, «I have not yet found a case of ovarian or womb trouble which has not been relieved or cured by the faithful use of Lydia E. Pinkham’s Vegetable Compound. * You have brought health to hundreds of women in Minneapolis as you have no doubt to others over the country.”—Mrs. ELLEN RipLEY. $5000 FORFEIT IF THE ABOVE LETTER IS NOT GENUINE. When women are troubled with irregular or inful menatruation, weakness, leucorrheea, displacement or ulceration of the womb, that hear- ing-down feeling, inflammation of the ovaries, backache, general debility, indigestion, and remember there is one tried and true remedy. Vegetable Com flatulence, nervous prostration, t‘hoy should Lydia E. Pinkham’s und at once removes such troubles. No other medicine in the world has received such widespread and uil?euflliflcd endorsement. No other medicine has such a record of cures of male troubles. Refuse to buy any other medicine. System “House Gleaning ! You clean your house thoroughly every spring. If the plumbing is clogged you go to any expense to reopen it. Yet you overlook your own physical condition, This is the season, after a winter with lessexercise than usual,when a thorough *‘House Cleaning'* of your system is a necessity if you value your health and good feeling MULL’S preaching in the Brick Presbyterian church today, gave an exposition of] Presbyterian- ism as understood by him. He said in part: We heard from a Chicago platform, out of the mouth of an evangelical clergyman in good standing, that our orthodoxy staj gers at nothing that will fill hell and 's always lnch-% & grave yard, locking at the dead past. To vindicate the Presbyterian bellef from the aspersions cast upon it read the text: “For God 8o loved the world that He gave His only begotten son, that whosoever belleveth in Him should not erish, but have everlasting life.” There s the foundation of our theology. There is nothing on earth, nothing in hell, noth- ing in the whole universe, outside our own hearts, that can prevent our being saved. Thus, the Presbyterian orthodoxy 1o tryink to fill heaven, while it is represented as » GRAPE 4 TONIC THE FRUIT LAXATIVE Gentle, yet sure in its action, pleasant to the taste and marvel- ous in its building-up powers, Regulates the liver, stomach and kidneys and purifies the blood. Ihis The great spring medicine, Invaluable to invalids and those suffering from want of nutrition and wasting diseases. A large bottle for 50c, the usual $1 size, trying to fill hell. But what of election? Nothing. I'be- lteve in election. Suppose that 200 men are in prison and announcement is made that all have been pardoned and the doors are thrown open and wo man goes out. Then I go to 150 of them and with a kind of loving violence persuade therh to leave Otoe. Affirmed. Hastings, C. Division No. 1. Unreported. The words “his or her heirs" as used in section 17 of chapter xxxvi of the Compiled Statutes of Nebraska, refer to the heirs of the decedent and not to those of the sur- vivor. Schuyler v. Hanna, 31 Neb., 307, followed. 10034, Buchanan against Edmisten. A eal from Dawson. Former opinion a Division No. 8. Un- ered to. Albert, lri;t Harlan County. reported. 10682, Willits missed. Kirkpa Unreported. Error trom Harlan. rick, C. Division No. 1. ‘Where a <’ufll ment is entered in the dis- trict court In favor of a party to the pre ceedings, and error from such judgment prosecuted to this court without making such party a party to the error proceed- ings, this court has no jurisdiction to de- termine the correctness of the judgment, 11224, McConpell against Be . Error from Lancaster. Reversed and remanded. Hastings, C. Division No. 1. Unreported. 1. Evidence by & number of real estate dealers and managers, in general terms, that a leasing of a room was by custom in the city of Lincoln understood to in- clude an agreement of the lessor to furnish heat when he maintained a heating plant in_the - bullding where each witness acknowledged that in cases of written leases it wax usual to incorporate an agree- ment as to the matter, and no instance of such heating by the lessor without a stip- ulation to that effect in the case of a writ- ten lease could be cited. Held, insuff. clent to uphold a verdict for defendant in an action to recover for furnishing such heat to a tenant whose written lease con- tained no such stipulation and who did not claim that any express agreement to fur- nish it was made, 11488, Buettgenbach against Gerblg. Ap- peal from Lancaster. Reversed and re- manded. Oldham, C., division No, 2. Un- reported. 1. The statutory provisions for the con- nce or incumbrance of the homestead are exclusive. 2. Evidence examined and held to not show an abandonment of the homestead. 3. A court of equity will not enforce a contract made In contravention of a stat- ute. 4.'A mandatory injunction will not be granted except to prevent a fallure of jus- tice, and then only when the right is clearly established. 116%. Kear against Eastern Bullding and Loan association. Appeal from Lancaster. Ames, C., division No. 3. Unreported. 1. Wheii a member of a so-called mutual loan assoclation, not incorporated under the laws of the' state, borrows money of the society at an agreed rate of intereat and surrenders to the soclety his shares of stock therein and stipulates to continue payment of monthly dues upon such ares. such stipulation s without co sideration and is void, and the borrower's obligations to the association are dis- charged by the repayment of the loan with interest at the agreed rate, 11588, Van Auken against Misner. from Baline * Reversed and remanded. Al- bert, C., division No. 3. Unreported. 1. The statute of limitations does not be- gin o run against an action o cancel a eed, constituting a cloud on the title to Appeal real estate. until some right or title is a serted under such deed, and such fact is brought 1o the knowiedge of the hoider of the title. 2 The mere record of an instrument, signed and acknowledged by the owner of real estate, but not delivered, which is taken from his possession and filed for record, without hls knowiedge or consent, by the grantee named therein, is not no- tice to such owner that such grantes asserts some right or titie under the deed 2. Laches will not be imputed to one from & mere fallure to watch the records fo guard against the recording of a forged or undelivered deed purporting to be a con- veyance of his real estate. Reapers Fail to Reap. Nine Reapers endeavored to wreést vie- tory from the Olympics in a base ball prison. That fg election,. but do I keep the others in? The way ls open for them. Every man can be free if he will, Harris-Jo ASHLAND, Neb., May 19.—(Special Tele- gram.)—Olin E. Harrls of Omaha and Miss Mame E. Johnson of Ashland were married at the residence of the bride's parents at noon today, by Rev. L. A. Huseong, pastor of the Christian church. The bride is the daughter of Timothy D. Johneon. The newly wedded pair left on the 2:12 tral this aft- ernoon for Omaha, where the groom is em- ployed as cashicr of the Nebraska Moline Plow company. Movements of Ocean Vessels May 18, At New York—Arrived: Algonia, from Leghorn and Naples; Cymric, from'Liver- 00l and Queenstown; Statendam, from otterdam and Boulogne; Rome, from Mar- seilles and Naples. At Auckland—Sailed: Sierria, from Syd- for Pago Pago, Honolulu Isco. Liverpool—Arrived: New York. At Naples—Arrived: Boston, for Alexandria. 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