Omaha Daily Bee Newspaper, October 3, 1903, Page 10

: 10 PASSING OF MALE TEACHER Bteadily Decrense in Number in the Rural Bokoois in Nebraska. MEANTIME SALARIES HAVE INCREASED Rapid Increase in High School Gradu- Ates—Cost of the Public Schooly In Greater New York—Edu- eational Notes, - The connty schoolmaster is fast passing Away, says the Dbincoln Star, and in his stead 18 appearing, more and more euch year, the country school ma'am. Buper- intendent Fowler has Meen Investigating the matter and finds that the percentage of male school teachers in the state has Qecreased from 52 per cent in 1871 to 19 per cent in 1902. The decrease for 198 will make the percentage for the year about 17. The percentage has been falling since 1871 at the rate of 1 per cent per year and in a few years the schoolmaster will be a historical memory only, as far as the country schools is concerned. The annual report from thirty countfes in the state, for 1903, show that 58 male teachers are employed, there were 661 in 192 The number of women teachers In these counties in 103 were 2,650, in 1908 there are 2,600. The per- centage of women teachers ls most flatter- ing to the so-called sex, as educators. During the same period salaries have been on the Increase. In 1871 the average monthly salary of men and women teachers were $80.24 and 83664 respectively. - In 1890 they were $36.16 and $31.92. In 1801 they were $47.564 and $38.23 and In 1892 they were $49.15 and $3851. The highest average wages pald men teachers in the several counties of the state, in 138, are 3562.72 In Brown county, $5152 In Clay county, $56.5 in Dakota county, $3.43 in Dixon county, $7.4 In Dodge county, $3.11 in Madison county, $66.06 in Otoe county, 137 in Pawnee county, $54.08 in Phelps county, $63. In Baunders county, $50.42 in Beward county, $60.82 In Stanton county, $6278 in ‘Washington county, Dodge county, with an average of $67.43, heads the list of good salary-paying counties for male teachers. Salaries for Women, The highest average salaries pald women teachers in any county, outside of the cities, in 1903 is $41.85, paid In Dodge county, $40.48 In Otoe, $40.08 in SBaunders, $39.44 In Thurston, $38.78 in Butler, $38.65 in Stanton, $38.37 in Washington, $38.18 in Madison. The remarkable difference between the salaries pald men and women teachers is largely the fault of tho women themselves. The high schools of the state turn out @bout 2,800 new teachers each year. These young women are entirely unexperienced and as a result work for almost nothing the first year or two, to gain experience. The lowest average pald women teachers should be about #8. This would be paid were all the women teachers experfenced, but as they are not and will not stand out for higher salaries will the men, they cannot hope for some time to come to bet- ter their condition. Many experienced women teachers are drawing from 365 to per month, but the number of thoge ‘who do ‘not s so large that the showing for statistical purposes is spolled. When the women teachers awake to the realiza- tion of the fact that it is their own fault that they are drawing poor laries things ‘will be better. ‘Women are the best teachers, and many a woman teacher working for $3 per month is more valuable to her school d's- trict than the man teacher In the adjoining one, drawing $8 per month. A man has not the patience with the little ones that is an absolute requirement of successful teaching, and the day has passed when a pugilist is required to preside over the ‘winter term at the little réd school houre. ‘Women are driving the men from this field of employment, and are conquering by kindness, where formerly only brute force would prevail. Educational Notes. The Chis Board of Education has pro- to furnish steurized milk at a a bottle for the pupils in every pub- F:'n' lc school as a solution of the Impure water problem. Dr. Frank Russell has resigned the in- structorship of anthropol .:! Harvard university, which he has held sinos 1801 Owing to his health, he will live on a ranch it Arizona. ink Snow of the Unive: nnllllndlr‘rtyolhhbo 8 have been on a bug hunt in the southwestern counties of Arizona. They bfln{ back 15,000 speci- mens—100 of them new to sclence. The number of theological students has been reduced one-third at Princeton; at #ndovlr it has been reduced from 100 to fteen. Formerly a Yale class of 300 would §raduate sixty ministers, vut last year it out only four. For the first time in the nistory of Ger- universities a deaf mute has succeeded obtaining a doctor's degree. Dr. Walter untze, on whom the University of Leipsic ferred a Ph. D, is a comparatively His thesis for the degree Is = one of the best in recent years, schoo] board of London is_ tryin, sducate the people in hygiene. It Mas de: open twanty experimental clagses f these succead more will be organized. Already elghty head teachers have applied t® have these classes started in their even- ———— That Dear Old Mackere! A salt mackerel lay upon a platter be- fore him. Tt had not been touched. The departing star boarder grasped it affec- tonately by the tall and stroked ft caress- ingly as he delivered himself thus: “Farewell, old friend! You have stood ECONOMICAL HOUSEKEEPERS USE WalterBakers Cocoa and Chocolate Because they yield THE MOST and BEST FOR THE MONEY by me manfully these many years. Rain or shine, day in, day out, through tornado and blizzard you have never failed me! A long, last goodby! I never harmed you. 1 always greeted you cheerfully as I took my seat at this table, and I would have been lost without your dear presence. You have been a closer friend even than the pepper and salt. Sometimes they would wander away from my plate, but you, you were always near me, May kind heaven guard thee! 1 would give half a lifetime to take you along with me, but—" Here the landlady burst out crying. Look- ing at her, the star boarder continued: “My dear Mrs. Sowper, care for my old friend. In remembrance of me, for my sake, nurse him tenderly. Remember that | he s now aged and feeble. Goodby, old friend; goodb With another hearty shake of the mack- erel's tall he shot out of the door and was gone.—New York Press. A GRADUATE’S BRILLIANT START Made a Touchdown Selling Pink Lem- onade Frankfurter Sandwiel The other day my friend, the judge, told me a story of a young man, a college | graduate, who, in his time, has exercised enough financlal ingenuity to have made a dozen fortunes,’ yet he ls now the hired chauffeur of a weglthy New Yorker and hasn't money enough to keep him a week if he should lose his job. Here is an example of this young ma quickness to ses an opportunity and shrewdness at taking advantage of it. On the third day of July, a few years ago, he found himself flat broke in Boston. Walk- ing along the street, wondering where his next meal was coming from he chanced to see a line of men awaiting thelr turns to reach a window where certain officlal look- ing papers were being passed out. From one of the men in the line he learned that these were permits for the selling of various thing on the common during the exercises to be held there next day. So the young man took a place in the line and finally reached the window. He had no definite fdea what he was going to do with a permit, but time was of no value to him, and he might as well be there in line as anywhere else. Besides, he vhaguely thought, the permit might turn out to be worth something to somebody next day. ““What do you want to sell?” the officlal at the window asked. The young man had not thought of this. He had supposed the permits were general, 80 he had not chosen any specific line of trade. But he had his wits with him. “S8ame as that last man,” he answered promptly. “Frankfurters and lemonade? “Yes, sir.’ The permit was issued to him and he fell back to meditate on how he could turn it into money enough to buy a glass of beer and perhaps get a snack of lunch free. The thought of beer reminded him of a saloon kseper whom he knew slightly and who might care to buy the permit, especially singe the window was now clossd and no more privileges were to be granted. “Why don't you use it yourself?" saloon keeper asked. “I haven't any money." ‘Pshaw! Four dollars will buy all the rolls and frankfurters and citric acld you need. I'll lepd you that much.” 8o, the next day the college graduate stood behind a table, which he had bor- | rowed from the ealoon, and bawled the vire tues of his frankfurter sandwiches and pink lemonade (a tubful of the latter had cozt him 16 cents,) Presently two boys came up and debated between themselves how they would spend the 10 cents they poSsessed—whether they would buy one sandwich and a glass of lemonade or two sandwiches and let the lemonade go. . “I'll tell you what to do,” said the im- promptu frankfurter merchant. “You go and get two more customers and I'll give you a glass of lemonade free with the two sandwiches you buy. That was the first link of an endlers chain which the college graduate forged out of boys that day, for he made the same offer to every pair of customers who were brought to him. The result was that when he had paid the $4 back to the siloom keeper that night, he still had more than $40 In his pocket. This is only one of many experiences which have Indicated that this young man might be another “Napoleon of finance" it he—well, as the judge significantly puts it, “4f he had a mind to be."—~Brooklyn Eagle. ENMITIES OF GREAT MEN ‘Why Salisbury and Disraell Bitterly Hated Each Other—Long and Flerce Quarr There could not ha been two men more fatally destined to dislike and an- tagonize each other than Lord Salisbury and Disraell, and this is one of the ex- planations of the long and flerce quarrel which separated them. Disraell had his underlying principles; the Jewish love of the grandiose naturally e him a certain affection for the gaud of imperialism and the glitter of wealth, titles and all the other things that make the pageant of life. But, outside this domain of thought, he was gssentially an opportunist; as they would say in America, he kept his ear close to the ground. And, therefore, when the time came to make concessions to democracy he did it with a very light heart, with no sense of self-abasement and also, it must be added, with a truer knowl- edge of the essentially conservative In- stincts of even the poorest of the English working classes than his young opponent. But Lord Robert Cecll, with his impetu- osity, his narrowness. his somewhat acrid tempér, his pride in the traditions of the Ceclls, his inner leaning to mysticlsm and sacerdotalism in religion and the haughty contempt of the scholar for the muititude ~Lord Robert Cecil regarded all such con- cessions as nothing less than treachery and betrayal. And hence when Disraell reduced the franchise he left the ministry of which Disraell was the leading member and as- salled the powerful chief of the conserva- tive party in words of great violence In speech and probably of even greater vio- lence by his pen. But the conservative party could not displace Disraell. Ho was at the head of the party, and there he meant to stick, and there was nothing for Lord Salisbury but to submit or remain forever outside the charmed cir- cle of the rulers of the empire. He dld submit in the end, but there were many outbreaks of the old ‘feeling before the final passing away of Disraell settled the struggle between the two men forever Curfously emough, the quarrel never was more bitter than immediately before it was going to be finally composed. The struggles in the cablnet of Lord Beacons- fleld—as Disraell had become—were very flerce during all the Russo-Turkish war, and for a long time Lord Salisbury was the policy of the head of the government. London soclety at that moment was re- longer hate this man; bury “I no loathe him." under Disraell. ~Chicago Chmldll Jockey Dies of Injuries. ST. LOUIS, Oct. 2.—Jockey William Shea, “laent credited with belonging to the party which opposed the provocative and Turcophile peating the phrase attributed to Lord Salts- 1 A few months afterward and Lord Salisbury was foreign secretary THE OMAHA DAILY BEE: BATURDAY, e S i B T R OCTOBER 3, [R— 1903, HAUNTS OF BOOTLECGERS Tricks’ of Dispensers of Oeffin Varnish Among Indians in the Southwest POOR LO CAUGHT COMING AND GOING Cheated While Under the Influence of Dark Brown Dope—Envrmons Profits Realized from the leit Trame. A staft correspondent of the St. Louis Globe-Democrat Who 1s looking into offictal crookedness in the Indlan Territory, de- votes a chapter to the bootlegger traffic among the Indians. Writing from Sapulpa, I T. he says: “In the mass of charges which are al- ways being forwarded to Washington from this part of the country, the one that ‘bootlegging’ 1s being carried on appears the most frequently. ‘Bootlegging’ is the term applied to the surreptitious selling of lquor in the territory, and grows out of the fact that many of the itinerant ven- ders who scll whisky to whoever wants to buy, carry it about the country in the legs of high-top boots and sell it out in pint or quart bottles, as called for. That is, a few years ago, the illiclt traffic' was car- ried on in that wi Of late the ‘boot- legger' fs giving himself more airs and adapting himself to progress In his busi- nese. Now he carries very often a tele- scope grip, In which he can stow away A great many pint and quart bottles of villalnous whisky, costing him next to nothing, but which he sells to his victims at the most exorbitant prices. One dollar fot a pint and $2 for a quart of the most malodorous bug julce is the market price, The ‘bootlegger’ who had fitted out the ex- pedition on the 'Frisco train had sold the fighting men for somewhere from $i5 to £20, what had cost him less than $. The broken noses and blackened eyes which came with it, or soon after it, he threw in gratis. The profits of the fllicit trafiic are enormous, for it is plainly to bp seen that the traffic Is growing, and that it is already much greater in proportions than it was two or three years ago. This is an undeniable fact. The fact itself s made the basis of one of the most serlous charges wiich have been made against the administration of territorial af- falrs at this time. It must be conceded that, if the Indian can be cheated at all, the thing must be done when he is drunk. Take him sober, and the average Indian can take care of himself with the paleface, even In a horse trade, which Is saying about all ‘that can be sald as to his busi- ness capabllities. Trading in land cal for less of perspicacity and shrewdness. Even the full bloods have a natlye cun- {ning which makes them ‘matches for the most subtle white citizen, as long as they are In possession of their faculties. The weakness of all of the Indians, full blood or quarter, elghth or even sixteenth, is the thirst for the firewater. If the Indian is| to be protected against spoliation it s clear that he must be protected against the | ‘bootlegger.’ Keep whisky out of his reach and he can take care of. himself. “This is a more difficult task now than ever before. There are more ‘bootleggers’ now to be met with than ever before in the history of the country. In fact, they may be said to swarm in sections where the red man most does congregate, but that they do not confine themselves to such districts is a very patent fact in the case. They are to met with everywhere. A man carrying a telescope grip fails naturally under suspiclon, and in the majority ot cases not unjustly. The ham canvas coat, yellow, long of tall and wide of propor- tion, Is equally an object of suspicion, and particularly if the pockets bulge out pro- tuberantly. There are more ham canvas coats to be met In the Indlan Territory than In any other quarter of the world. Sixteen of them were counted In Vinita in less than two blocks Monday. Monday was a rainy day, but the fact does not wholly account for the ham canvas coat being so much the fashion in the Indian Territory." Chief Deputy Hubbard of United States Marshal Bennett's office said that one cause of the increase in bootlegging of late years 1s the ease with which the bootlegger can | get his stuff. Formerly it was as hard for him to smuggle contraband whisky into the | territory, anywhere along the border line, as it s for the smugglers to run a frontier | line anywhere In the world. When a lot of | {the stuff got into the country it never stayed long. Oklahoma Territory was or- anized, everything there was run for quite | a while on the temperance basis, and thers was not much trouble from that source. After the Sac and Fox and Shawnee lands came Into the market the danger increased, for these lands lay immediately west of the Indlan Territory, and it was easy to see that after a few live towns were founded | in the new country the opportunities of the bootleggers for getting their contraband | goods close at hand and bringing them in, would be vastly increased. The towns in Oklahoma appear to be the e of supplies for the bootleggers, One of these 18 Stroud. The other s Shawnee. Shawnee 1§ one of the livest towns fn Okla- homa. It is wide open in every sente of the word. It is there the Indian Territory boot- legger goes to replenish his stocks. The | Shawnee saloorikeepers usually carry large stocks of the pecullar brand of whisky that | a bootlegger wants for his trade. They have better lines of goods, but thesbrands the bootlegger wants and is always calling for are always In stock in some of the saloons at Shawnee, “You can see,” sald Mr. Huybbard, “a procession of men coming out of Shawnee some days, with telescope grips. You might take it for a tourist party if you did not know what it is they are carrying. They slip quietly over, and get in to dif- ferent parts of the territory and do the business they are prepared for. Some of them will only take out two or three bottles at a time after they have reached the place where they want to sell thelr goods. There has been a man In Muskogee who has made it & practice to come downtown every morn- ing with two bottles, one in each of his pockets. If he sells nothing more than these two his profits make a falr day's wage The likelihood is that he sells out his first stock long before noon and goes back home after more. A few of them will fill a trunk at one visit to a saloon In Shawnee or Stroud and then they can make a wider circult before they have to go back for a new stock. Every drop they sell is like that sold to the men on the raiiroad train of which you speak. As fos'the Indians, they will part with anything, they have to get the damnable stuff. All that they ask of it is that it shall be hot and produce an exhilaration. Well, it fs certainly hot enough for all purposes. But the degree of the exhilaration is always more pronounced than its duratlo Evils of the Busine District Attorney Mellette “agreed with Deputy Marshal Hubbard that the evil was one which would serigusly interfere with the settiement of the country on a basis of full and exact justice to the indian, “‘Prac- tically all of my time,” said he, “is taken up with the work of prosecuting such cases. While an increase in the, number of cases is shown by the dockets of the courts 1 do not think that the percentage of cases to- ward the total population of the territory is ns great now as formerly.” Deputy Hubbard gave some oficlal figures showing the court records. There are now twenty bootleggers in jall at Muskogee. This number, however, | that the fllicit traffiic shéuld be completely | offering such proo: 1o 15 but & small part |it of the total number of men arvested for | 3TiR, "3 bootlegging withia the last few months and who have not yet been tried on the charge. It was the opinion of the deputy that more than one-half of the cases now docketed | for trial are of persons charged with fllieit “All sales of liquor in the territory. ot these are not bootleggers, Saturday myself and District Attorney Mel- lette and several deputies went over to Waggoner, where he knew a joint was being operated under the mask of a drug store. There was a little storeroom in front, containing no stock to speak of, but in & room about 11x12, immediately in the rear of the front room, we found a very tull stock of liquors, concering the quantity of which more could be sald ghan of the quality.” “Are the penalties against the dealers in this fllicit traffic severe, or are they en- | forced to the limit?" Mr. Hubbard was asked. “The extreme sentence is five years," said he. “And has it ever been Imposed?" Getting O Easily. “Oh, yes, In several cases, and particu- larly In those of old offenders who have been frequently punished in a milder way without putting an end to their offenses. Very frequently the imposition of a sen- tence of confinement for a year and a Jay is tmposed. We have sent many men to the prison at Leavenworth, and only a few of those who have gone thers and served a term have come back here and gone Into the business again. But there are always new men coming into it. The profits In it are so great that men are tempted to take the risks of getting caught and sent for a term to the Leavenworth prison if they can only stay in the business for a fow months. Of course, the increase in population is adding to the demand for wet goods, and the opportunities for quickly disposing of even the meanest kind of whisky are greater now than they have ever beed, There will naturally be some increase in the traffic, but whether it is out of proportion with the increase in popu- lation 18 a question in the case. I doubt 1f It 1s even equal to the Increase in the number of percentages." A part of the work of Examiner Leigh Chalmers in the northern district is look- ing Into the charges of collusion between the officers and the violators of the law against the liquor traffic, Marshal Bennett, Acfs GCI'\H)'t Acts Pleasantly, Acts Be.r\eficially; fActsitrulyas-a.laxative., Syrup of Figs appeals to the cultured a well-informed and§o the healthy, because i(';d\(frrr‘: ponent parts are simple and wholesome and be- cause it acts without disturbing the natural func- tions, as itis wholly free from every objectionable quality or substance. In the process of manufacturing figs are used, as they are pleasant to the taste, but the medicinal virtues of Syrup of Figs are obtained from an excellent combination of plants known to be medicinally laxative and to act most beneficially, To get its bencficial effects—buy the genuine—manufactured by the agzinst whom some of these charges have been made, is In Colorado for a restoration of his heaith, which is badly impaired. He has written to Mr. Hubbard, his chief deputy, directing him to place the ‘books and all of the records of the office at the disposal of the persons making the Investi- gation. “I have nothing to withhold,” he sald to Mr. Hubbard, In a private letter written for his guldance, “‘but shall remain here as long as I at first contemplated, confident that you will be able to afford all of the Information necessary, or which anyone can desire." Examiner Chalmers has been here for several days. While his investigations hive followed, mainly, the lines of land office work, they have also included the {llicit traffic in liquors as an element in the policy of robbing the Indian of his land. He has given some Intimations to the effect suppressed, at whatever cost to the govern= ment in deputy hire and court éxpentes, until the land s all disposed of or put in a way where the Indian cannot be deprived of it without a falr return. SUPREME ~ COURT SYLLABI 12108. Van Forel ve State ex rel. Ansley, Error. Lancaster. Affirmed. Oldham, C. department No. 1. Unreported. 1. The State University of Nebraska is a state Institution and its board of regents is an agent of the state. State vs. Moore, 46 Neb., 379, followed and approved. 2. The board of regents of the State uni- versity In allowing certificates for salaties of professors In that institution duly fixed by law, act ministerially, and mandamus V(lll,llo to compel their action in this par- ticular. 3. State va. Mortensen, Neb., examined and distinguished. 13130, Staunchiield vs. Jeutter. Krror, Dawson. Reversed. Poundy C., department No. 3. Unreported. 1 In an actlon to recover a deficiency after foreclosure of a mortgage, the mort- gagor may set up, by way of counter- claim, damages sustained reason of waste committed by the mortgagee in pos- scssion. 2, A trust deed executed by way of se- curity Is In effect a mortgage, and fore- closure thereof out of court by sa'e under {w's powers therein contained conveys no title, 3. Where a mortgage in ro«lefllnn under such a sale disposes of bulldings upon the property and permits them to be removed by the purchasers, he becomes liable for waste. 4. Tt is presumed that the laws of another state are the same as our own, in the ab- nce of proof to the contrary. 5. The record of a deed may be shown without inquiry as to the original when- ever the evidence as a whole fairly indl cates that the original is not in the slon or under the control of the o party grllnnry But In such case the record s evidence, by virtue of Section 13, apter 78, Compiled Statutes, and the rule that there are nn degrees of secondary evidence does not _apply. 13088, Jepsen against Donahug. Error from Buffalo county. Affirmed. Alibert, C department No. 2. Unreported. 1. Evidence examined and held sufclent to sustain the verdiet here a material fact s conclusively establshed by the evidence it is not error to omit or refuse to submit such fact to the jury. 3. Tt 18 not error for the trial court on its own motion to recall the jury and give additional instructions after they have retired for deliberation. Instructions examined and held not erroneous. 13019. Suchstorff against Butterfield, Error from Wayn Affirmed. Oldham, C. Di vision No. 1 Unr?on 5 1. Petition and aMdavit in replevin which alleges n special ownership in the prop- erty replevined, may be amended so to allege a general ownership In the property . The terms on which an amendmen to a petition may be permitted rests ordi- narily in the sound discretion of the trial court, 13024, Mormich against Schwartz. Appeal from Cuming. Judgment. Hasting, C. DI~ vision No. 1. Unreported. « 0 A 1. “Notwithstanding the parties chattel mort tipulated therein e of the morts e have for the foreclosure and gaged property by advertisement in the manner authorized by a court of equity has jurisdiotion to entertain an ac- tion thereon and adjudicate the respective rights of the parties in such action. e atutory method of foreclosure is not ex- L " Meeker against Waldron, §T N. W, Rep., 9. 2, 'Wher an injunction I8 necessary to a successful foreciosure of a chattel mort- gage, it is error to refuse one n foreclusure llen crops by the terms of & lea petent for a court of equity to refuse to retain more of the crops than are necessary to discharge the amount due. 1300, Frieden aguinst Conkling. Affirmed. Albert, Error from Dougla C. Di- Sut- the exemption laws o Instrugtions exam! erroneous. 3. It is not error to refuse an instruction tendered, where the ground covered therehy is fully covered by an instruction given by_the court of its own motio . Schismme ainst Omaha “"n’é‘? ufacturing Company. rror from Doug- 5. Affirmed. D?)ldhlm. C. Divisien No. 1. Unreported. 1 A judgment of a court of competent u n {IO‘\'.C in one suit i diction upo! question directly in- conclusive as to thal question in another suit between the same riles pa| ‘When a second suit is upon the same cause of action and between the same the judgment in the ehud.l-tur as to every was or might have been presented and determined in the forme: 13062. Arablan Horse Co. against Bivens. & Affirmed. Hastings, C. reported. F'to strike out am frre- infie yrep @ Louisville, Ky§an el c‘n"cw York,N.Y. For sale by all dr-ig;isf.s. Price fifty cents per bottls, e them s competent proof of a payment of | costs. | 4. The particular place where witness put | property was sold, transferred or encum- ered, 13120, Swift against Boyle. Appeal from an’ executed contract after settlement with | Douglas county. Roversed, sale set aside. ) regard to it is immaterial where ail the | Ames, C. Division No. 1. & essentlal facts a8 to it and its custody are | 1% Hutchison against Smigt. Appeal Gbe Bps of in_ovidence and undisputed. | from Douglas county. Affirmed. Hastings -4 6. Finding of the trial court found to be | C. Division No. —a— In ‘accordance with the weight of the evi-| 1. On proceedings to afirm a sale of dence. mortgaged premises, no objection will be G, Refusal of leave to amend answer after | heard founded cn an erroneous or imper- a hearing and set up mistake in a settle- | fect description of the premises in any of Everzthing ment, an exereise of sound discretion where | the proccedings, unless it be allezed and the evidence, as a whole, did not show any | shown that the party objecting Wit e such mistake. prejudiced thereby: nor in case of person 13142, Gordon against Stewart. Appeal | service or appearance of such party in trom “Lancaster. ~Affirmed. Glanville, C. action, and such erroneous or Imperfect | No. Unreporied. description oceurs before judgment. Cooper ne B.. hiving chillren, not minors, | against Foss. 15 Nebraska, 515. and_an insane wife, at all times residents | 2 Jurisdlction to confirm a sale carries of England, owned a dwelling house and | with it jurisdiction to overrule objections liyed therein with a woman, with whom he | to it. had entered Into a vold marriage contract. | 1262 State ex rel Baker against Baxler. After the death of 8. his children and true ' Mandamus. Writ denied. Pound, C. Di. widow claimed the property by descent as vision No. 3. | having been the homestead of 8. That it 'Where @ dooree awards the olaintft | was his homestead, doubted, but not de- |qa personal judgment against the defendan : termined. and also directs the sale of pledget prop- 2. The property was encumbered by A |erty by way of foreclosure, the defendanis valld mortgage lien: plaintiff loaned 8.|may supersede that portion of the decren money with which the lien was pald off, | providing for foreclosure of the pledge and In good faith took a mortgage on the | without superseding the money judgment The Only Double Track Railway prormy executed by 8. and the woman| 2 In guch case, it Is in the discretion o _'0 Chlcngo with whom he was living as husband and | the district couri to fix the amount and wite, conditions of a bond to be given in orde: ife. Held, that plaintiff has a llen on thel{, supersede the decree of foreclosure, 3. If the district court fafls to fix the conditions of the bond, application shou! be made for a further order, and there | no supersedeas until the terms of the bon are determinod by the court and the res quired bond is given. 4. But in case bond is given in the amoun Broperty for the money loaned and so used, either by virtue of his mortgage, or that by subrogation he has such lien by virtue of tho len so pald. Held, further, thot plaintift was not a mere volunteer, and that claimants may not avold his morigage and retain the ben- efit of the release of the prior valid llen. HOME VISITORS' EXCURSION 1 xed and upon reasonable conditions, and 11,34 Fay against Chicago, Burlington | {e qietrict court, upon motion o direst An mmana and uhln & Quincy Rallroad company. Error Irom | grjer of approves the bond given, this v ) d Ames, C, Division No. ?helrjldln. ltmdl:me .. Unreporte Upon_ the evidence digclosed by this the action of the district court in is, . equivalent to an order fixine | the conditions as stated in such bond, ani the irregularity is not prejudicial. October 6. record direc a verdict for the defendant, is approved. = ol A Kiss on the Seashore, 6. I i irror Do ”. “flnr‘ifi-’-‘r‘tr.“f'(fl::;,“c. Division No.| She was very pretty and very young & Low n‘TEs 2" Gnreported. very sorrowful looking, and.as Arnold 1. 10 ah action for maliclous prosecution, 1t there is sufcient In undisputed evidence to show probable cause, the trial court should direct a verdict for the defendant, although some of the facts bearing on that issue may be in dispute. 2. A finding by commissioners of insanity her sweet lips quiver and a tear roll down ! her cheek he felt an irresistible desire to take her in his arms and kiss and com- fort her. | He had only known her a few days and | wondered City OffiCes=——=x 1401-1403 FARNAM ST, OMAHA that & person brought beforo them Is in- N i ol ke 10 oauise l’orp:‘l‘::upr:::-zfdlll';:m:fih‘z)u(:h hol cone | Would resent it probably, and make him TEL. 624-581 feel like a fool. And there were two young | women walking further down the beach, | Arnold stopped to examine a shell, but | clusive. 3. While the plaintiff is not restricted to a direct attack, as for instance, proof o fraud, collusion or perjury, but may es- tablish want of probable cause by any |his eyes glanced stealthily at the forlorn form of competent and sufMicient proof, | little Ngure sitting on & rock a fw yards r nar as & aar ss e s e oners in. Auch @ ca-e|Away. She had not seen him and he crept 1 must be overcome by evidence sufficient | nearer. SPECIALISTS 1o destroy its probative force. o | Under his immaculate flannels and fault- | 0}:;@7;““‘;;"'2\}‘" ;{fx’j S Bivision No. 5. l:u:n "cvhn]‘\p(d’ :l::c tE.»r:hlwau‘nh:wnNu: Curs All Special ; voman's tenderness. Anything in trouble Unreportedt necessary that a defendant DISEASES OF MEN | appealed to him—stray dogs, lost children | {or a pretty girl in tears. He glared at the | | two young women lingering on the beach and muttered intb his mustache an em- phatic “cont-und it."" The waves lapped softly, who asserts that the contract sued on 18 u wagering contract and unenforceable as Such, Blve notice to. the other party of his intention to repudiate the contract. 2, On an issue whether a contract for the purchase of 20,000 bushels of wheat was a evidence that the BLOOD POISON WEAK, NERYOUS MEN KIDNEY AND BLADDER another tear wagering contract, e JeGed. phrchaser was not & miller or dealer | giittered in its downward course and Ar- DISEASES Biann b Tr‘:l.nl.mpm;nrxfi:hu:nmfi: Surs |nold stood hesitating, distracted and un- Terentment and Medieine certaln. The young ladies had encamped on the sand and were quite hidden under the big sunshade. A ftaint, piteous little sob. d, but he was an electrical engincer mall means, and that the alleged sel- Jer had reason to know that he had no property or means to enable him to meet the purchase price of such an amount of grain, ble proportion thereof, is 4 5.00 PER MONT of =i 4 Examinations and advice free at offl by mall. Wrltten contracts gt [; ourable diseases or refund money Sanleablor Al S51000 SURGO0AY SRS, "“"' Put-| treatment. Treatment by mail. " 1 years E " ral statement in a brief that the | ing his arm around her, kissed her tear- | in Omaha. (‘o‘lerl B ed In Mustaining objections to u | stained cheek. Cor. 14th and Deugins. OMAHA, NEB, in line of testimony without indlcating Sehene the rulings complained of are to be found in the record or the nature of the evidence offered, the objections made and the rulings theréon, 1s not sufficient to call for any examination of the matter by this ““What is the trouble?" he asked gently. And the little 3-year-old threw her arms around his neck and sobbed: “Baby’s losted! Oo nice man! Oo take baby home!"—New York Times. . Imp;nal Hilr Hhtensra!or The Standard Hair Coloring Q8. * German l.\a\;g al Fire lnlu‘ra;\cfl fl;{)fiy:;flul%&:fl{flfl?fihlflfifi’; Company against Fox. Error, Garl e T R AMrmed, Hastings, C. Division No. Gift of the K1 foletng & " AONE Unreported. COPENHAGEN, Oct. 2.—~The ministry in- : ¢ property in violation & of e a e’ af thuarance policy Is of | tends to propose to the Rigsdag to rebulld » no importance If the property s recon- |the great palace at Christiansborg, which| tmperial Cheml: Soulm LT A \,,\2,.,;, :)‘r‘:‘\‘!)‘u!’}?g"of real estate by one | Was burned twenty years ago, as a gift to 8old by Eh‘rm;;‘m‘ §Sam & the aged king. A portion of the palace will be used by Parllament and the remainder will be used as a residence. , oint owner to the other which has been nsured in their joint names is not a vio- lation of a forfe{ture clause in the policy, providing that it should be vold if the FYOUR | FORT Enclose Jc Stamp UNE ith ile Beans 01 PINE TOLD % Sois. vo. FREE! Tt Arans = oo Underoof Rye There are plenty of wkiskies you can Eet for less money than Old Underoof ¢. But it is poor economy to save the slight difference in cost when you can get OME ' aior, ¥ e fitlare ’ ot s aingie 7ature; Tosilncto ‘ehaor elleved 1 & Tew Asye: S48 Sherman & McConuell Drug Co., Omaha. SCHOOLS, RACINE COLLEGE (GRAMMAR SCHOOL ““THE SCHOOL THAT MAKES MANLY BOYS” Btua mfl d‘:;{c Under an Instruetor. ven oOn cross-examins- 1 enter any Colle r University. Boclal and At Advantages. Military D or Boys of 8 to 17 Years Old. Niustrated Catslogue sent on application te Underoof quality. It is soft, pure, de- licious, mg has the least reactive effect. CHAS. DENNEHY & CO., Chicago