Omaha Daily Bee Newspaper, May 2, 1909, Page 36

, Dr. Katheryn Nickolas, g - - L WONDERFUL NEW DISCOVERY—Stops old age, changes skin of old to youth; o ) M THE BALVATION ARMY -~ THE OMAT OFFERED FOR RENT UMces—Conti LARGE ROOM, 22x70, on second floor, well lighted and ventilated, steam heat and all modern conveni- ences. Inquire at 1212 Farnam S8t. FOR RENT-8tore room, No. 316 8. 13th St., 9. Will remodel to suit tenant. ed 5252 STORE FOR R Two-story and basement brick building, 33 feot by 132 feet, at 1116-15 Douglas 8t., with electric elevator, trackage. 0. €. REDICK 1517 Farnam St. (15)—MT%6 4 BCARGO Blk., South Omaha, 620 N, 24th. Hall, 433 Ramge Bldg., both phones. (16)—558 ment, good for mq 2Uth St. Thos. Phone Douglas 1300 15)— OFFERED FOR SALE (15)— M348 3x BRICK store and Ink_ploture show Hazen, 106 8. 16th. ROLL-TOP _desk cheap. 939 N. 24th nd st other furniture, (16)—~M776 8x WANTED to sell household goods, dishes, séwing machine, etc.; house to rent, 2114 Burt 8t (16)—M382 3 FOR SALE-Dining table and sideboard. Call 1807 Lothrop. Tel. Webster 2463, (16)—M7 R SALE. Handsoms black walnut bedroom set; mar- ble top dresser and washstand, hall tree. Inquire at 2430 Franklin St. (16)—M732 2x 5x Typewrivers, TYPEWRITERS—Any make; all prices; 801d and rented, rent applied; easy terms: ,hlnped anywhere for examination. Write or large bargain list and offer. B, F. Bwanson Co., 417 8. 15th St., Omaha, Neb, an—s12 TWO TYPEWRITERS in good condition, or sale cheap at 602 Bee Building. (16)—M774 3x “Miscellancous. UBED bicycles from $5 - fscount on new wheels during April. 18 pér_cent discount on 2% horse power “Light” motorcycles during April. Re- palring a specialty. L. Flescher, 162 Capitol Ave. (16)—366 Mays WE HAVE on hand a number of Ink rrels which we will sell at 6c each. ey are fine for rain water or ashi Call at pressroom Bee Publishing Co. ae)—am FOR SALE—New and 2d-ban2 billlard an& 001 tables. We lead the world in cheap r fixtures; easy payments. Brunswick- Balke Collender, 47 8. 10th St 16)—6m DRUGS at cut prices; frelght paid on all 0 orders; 2 per cent catalogue free. Sherman & eConnell Drug Co., Omaha, Neb. (16)—808 typewriter No, 6, first clasa, Loan Co. 1628 Farnam 8t (16)—M396 FOR SALE-Some four and five-ton stake drays or would sell whole outfit. Address lock box 485, Sioux City, la. (16)—M602 Phone | PERSONAL (Continued.) HALL'S safes, now, 2a-hand. 1818 Farnam. (15613 OW hair, or pay $100. Write, stat- rouble. Dr. Chance, Scalp Specialist Syndicate Arcade, Minneapolis, us) | BOD, good blu part ar F near Krug's. REAL ESTATE Ground Floor grass, rt St several acres, north and In northwest, 1201 ___POULTRY AND EGGS _ L R L hicks 2c each. First prize cockerel, braska state fair R. H. Eawyer, », heads my Raymond, Neb pen. COL. WYANDOTES—Won 2d4 on p state show; 1st cock same Show first pen; fine laying strain; st sale. Mrs. R. J. Catterson, Sutton, M D sale at $2 and £ 30; cock score 9 and pullets large and_ even color. Berthelda Nettleton, Benedict, Neb, (1)’ BARRED Plymouth rocks, money makers; cholce vigorous stock. Selected eggs, 100 for $4; 60 for afe delivery and tis- faction guaranteed. Adam A. Weir, Clay Center, Neb. (11)—M#1 ' Mix BUFF ROCKS cockerels $1.50, Mammoth Pekin ducks 32, per trio $5. 1ggs In sea- son—Rocks $1.60 per 15. Pekin $1.3%_per 9. Mrs. A. J. Pollack, Kt. 4 Wisner, Neb, (11)—M943 'M8x §._C. BLACK MINORCA eggs for setting, W for 18. Tel. Harney 3322. (1)—Ms02 M2x WHITE WYANDOTTES—Winners at Ne- braska state show: score H to %% by Thompson. Eggs $1.50 per 15, $2.60 per 0. L. T. Hiller, Ulysses, Neb. G194 M sx ENGLISH Ring Neck Pheasant eggs for sale at very low prices. These wre very fine birds and easy to raise. For par- tloulars _address, H. H. Ostenberg, Malmo, Neh (1)~ M350 FOR SALE—Twenty pairs of mated homing pisconss will ship to any ‘point, Apply 1 3 (11)- 5x J. Walsh, Benson, Neb. FINE Barred Plymouth Rock egg: T 16; $ per 100 Partridge Wy 1 .5 per 15, _Correspondence solicited. Ahlquist Bros., Box D 2, Omaha, Neb. (11)—M584 2x BUFF ORPINGTONS—Baby chicks and eggs. Ask for prices. Big winter layers. Prewitt, Box 68, Onawa, In. (11)— REAL ESTATE LOANS WANTED-City loans and warrants. W. Farnam Smith & Co., 1320 Farnam 8 (2)—6% G RTINS SECOND MORTGAGE loans negotiated. Abply, Room 41718 First, Nar'l Bank Bldg. Bell 'phone Douglas 218 a2)—68 NO COMMISSION. Special fund to loan in amounts of $500 to 32,500 on improved real estate. See us before the fund is all loaned. GARVIN BROS., 16 Farnam St. M6 11 WANTBED—City loans. Feters Trust Co. )—63 J. H. Sherwood. PRIVATE money to loan. 66 Brandels BIdg. 2681 TENTS AND AWNINGS. Order now before the rush begins. *Phone us for estimates—no charge. Omaha Tent and Awning Uo. UTH AND HARNEY STS. DOUGLAS 88, (16)—M3sT Mayé BODA fountains, new and secondhand; monthly payments. Deright, 1818 Farnam. (16)—604 OLD TRUSTY incubators. For low ipoohl prices, freight prepald 60 da; ‘tee trial. Write the Old Trusty In bator Co., Clay Center, Neb. (16)—640 for druy BEND us your mall orders ‘sight pald In $10 lots. Myers-Dil Drug Co., Omaha. (16)—608 FOR BALE—Cash register and scale cheap. Address O 405, care Bee (16)—66+ SMELLKILLER"—The odorless disinfec- tant death o germs: prevents infection in_households, chicken coops and in the liorse, cow and pig mend it; easily u trial quart bottle sufficient lons of disinfectant, $1.0, stamps for sample wanted. George Scheer, St., Hoboke J prepald; send bottle: agents 407 Blog OSTEOPATHY JOHNSON INS., 46 N. Y. i.‘-m?;f_‘:‘? 58 N. Y. L Bldg. G)ue" __PATENTS k ¥ Saxton blk. Tel. Red i1 0. BARNELL, B L. Tel, D. 3468 M651 Maydx PATENTS THAT PROTECT—_Threo books s Ihvsstors, MALLGA o Feceipt OF 60 HasL: r; R. 8. and A. 1. Lacey, room: citic_Bldg., Washington, D, C. néd 1569, Re Myers- PERSONAL ‘E‘ maha a8 —614 uggufln—rx(fn' G. K. DINJIAN, EX- H. A. STURGES, Atty. N‘(l INGES, by mal .. Be rubber goods, nd for trec catalogue. Omaha RT MASSEUR. For ladics and gentle- 1f tirec, languld, trom lack of circu- tion ' which cause: indigestion, consilpa- tlon, torpid liver, rheumatism and chronic troubles, try Oriental massage. Thorough hand work. Face and scalp treatment; § yrs. in Omaha at 4% Bee Bh‘lfv Doug. 438, U8)—817 Say4s solicits castort fuct, anything you do not lothing: in i..a collect, rupair and sell at 13i | \ 1ith Bt., for ¢ost of collection (o the worthy poor. Call 'phone Douglas 413 and wagon will call. as) -1 PAYNE, BOSTWICK & CO., N. Y. Life Private money; 3500 to $5,000; low rltl. Good 6% Farm Mortgages Always on hand and for salés in amounts from §300 to $3,000. BENSON & MYERS, (22)—M659 3 MONEY TO BUILD. $500 to $200,000 at current rates. 2 W. H. THOMAS, 68 First Nat'l Bank Bldg. (22)—683 LOWEST RATES-Bemls. Brandels @) $100 TO $10,000 made promytly. F. D, Wead, Wead Bldg.. 18th and Farnam. 628 FIVE PER CENT MONEY te loan on Omaha Business Property. THOMAS BRENNAN, Reom 1 New York Life Bld, (2049 lowest rates, 0 delay. 1604 Farnam u(fl)—é’ 500 TO 35,000 on homes n Omaha. O-Keefs Real Estate Co., 101 N. iafe. Doug. or A-2152. (22)—637 MONEY TO LOAN—Payne Investment Co. [ty Bld, STOVE REPAIRS NEW furnaces, hot water and hot alr com- bination heating, 2 and 4-hole laundry hot water heaters,, mantle grates, gas stoves repaired, wafer fronts and flower vases. Omaha Stove Repair works, 1206 1208 Douglas St. 'Phones Ind. A-38I; Bell. Douglas 960. 34y WANTED—TO BORROW to 9 PER CENT on real estate (1st) mtges, Omaha. If willing to accept re- payment in regular installments (this con- stantly strengthens the security), for particulars and Interview. Amts. $800 to $1,20. Up to $30,000 can be placed ir next 12 months, 310,00 to $12,000 now. This is a bona fide advertisement of responsible business man with bank refc swer in business confidence W, 408 Bec WANTED—TO BUY HIGHEST prices for secondhand furniture, earpels, clothes and shoes. Tei. Doug. 397k | (25,840 MAHA Stammerers’ 1ns., Ramge Blg. b ¢ (a8)—a2 DRUNKENNESS—DRUG HABIT, cured to y cured under positive gudsantee i‘m. the Ensor Remedy Co.. Dept. G, uth Omaha, Neb. (15)—MI82 NS MAGNETIC {50, MEn, "R (8)—o87 . A_HOME for women during confinement. ‘We find homes for bables where moth- ors cannot care for them. Bables Loarded. Mrs. Martha A. Lee. %8 Ban- eroft Bt. 'Phone Douglas 1821 (5)—M4d6 Maylx PRIVATE_ home durin B abies saopted. The Goo um, 40 First Ave, confinement; Samaritan San- Couneil Blufls, (8)— Mues share WANTED—Congenial roommate o arge room, beautifully furnished; large closets; excellent board; centrally I d For rates and particulars address A-id3, care Bee. (18)—M66s 2x MAGNETIC, Flectrio vibratory, 1% 8 16th. room 308, ° ifourth Floor, Old Boston Store. (15)—843 Mayi2 QUNG WOMEN coming to O as trangers are invited to visit the Youn ‘omen's Christian assoclation, 17th ane Howard Bta., where they will be directed 10 sultable boarding places or otherwi: masisted. A deaconess representing i association meets trains at the Unlon tion as travelers' aid. as) BOFT WATER Mand Laundry, %o and i r dowwn. Bundle washl wanted. ‘ebster 72 (18)—M20 3 TRANSLATED French nov e llu trated), actresses’ photos; ue with ples, 2%c; letter postage, be. G. Ar- ur, § Passage Grana, Monte Carlo, ance. (18)— M7 2x removes wrinkles, moles, wa ishes, full information, Bushong Co. B P1, Cleveland, O, ; con- Bee :lnfll'lk asi— n free und confidential; Suaranteed. Miss Allender, &4 | BEST price pald for secondband furpiture, carpets. stoves, clothing. shoes. Tel. Doug. 401, (25)—841 The Practical Auctioneer. 88 N. Y. L‘g ANITURE DELIV one horse; must be In good repair and a bargain. Address Box 69, Bancroft, Ni WANTED—Four good, horses, to weigh not less than 1,200 Ibs. each; state age, price and addr they can be seen. Address S Bee BEST pric clothes, sl pald for 2d-hand furniture, es. etc. Tel. Douglas 436 (3%)—811 May 23 WANTED—To buy a second-hand Excelstor motor cycle in good condition for cash. Lock Box ), Kearney, Neb. (25)—M385 2x 7-ROOM HOUSE, bedroom down st north s. part C 48 of ¢ Bee (5)—-MT# 2 WANTED—TO RENT | MARRIED couple wants three or four rooms for light sekeeping ‘u private family. Hanscom park distriet preferred. References exchanged. Tel. Harney 3964, (36)— Mo 2x TRNISHED home of § or 10 rooms, in nam or Hanscom Park district Wil lease for a year: rent Address B M, care Bee. (26)—Mass 2x D. C. SCOTT, D.V.S, (Successor to Dr. H L. Ramacciottl.) ASSISTANT STATE VETERINARIAN, Office and Wospital 3810 Mascn Bireet. Calls Promptly Answered at All Hours, e pougias staa. Umaha, Neb, reasonable Red eggs for hatching $1.50. | wrlte | 00% REAL ESTATE TRANSFERS Profit Guaranteed If you have $100.00 or $10,000.00 to invest it will pay you to investigate this proposition. YOU WILL BE GUARANTEED UNCONDITIONALLY A PROFIT OF 100% ON YOUR INVESTMENT IN THREE YEARS. This is a gilt edge, conservative, safe in- vestment for which we court the most thorough in- vestigation. We only need $156,000.00 and when this amount is secured this unusual opportunity will be gone. You will never again have an opportunity like this, so act at once. Best of bank referenccs fnrn- ished. Address H. 365 Bee. | RAILWAY TIME CARD—CONTIVD Ida J. Talley and husband to J. F. Snyder, lot 6, block 22, Haloyon Helghts . verss L 8 35000 G. J. Morris and wife to Viola E. Knox, east 4 ft. lot 8, block & Jerome Park and south 20 ft. lot 10 and north 0 (t. lot 11, block 1, Van- dercook Terrace ... vosae J. L. Case Threshing Machine Co. to Phillip Libhardt, lot 17, block 82, Albright's Cholce . . Fred S. Vaverka and wife to J. M. Kroupa, lot 19, and sw % lot 8, block 8, Riverview Park PrETEm Homestead Co. to L. D. %7 to 60, Homestead . Same to Frity Jacobs, lot Same to F. and 33, same . . Same to Aug. Schmiit, 381, o Sume to J. C. Herricks, lot 372, same ame to R. T. Hazeld,'lot 220, same Same to Floyd Cockrell, lot 218, same Same to G. W. Cunningham, iot 109, same . Vidh . Same to Geo. Galentine, Tot same Same to H. C. Wagner;lots 22 and 23, same it Richard ‘Scannell to Peter Verbicki, lot 6, block 4, St. Mary’s addition B. A. Phillips and wife to Mary L. Ross,, |w3 lots 3 and 4, block 15, Patrick's 24 .......... ¢ Elizabeth Kountze Real Estate Co. to Claus Schaub, 8218 ft. lot 8, block 1, Kountze Place ...... . Benjamin Folsom and wife to Bessio Freed, lot 2, block 4, Redick Park Continental Trust Co. to J. C. Reeves, lots 1 and 4, block 10, Kountze and Ruth’s addition.. Jas. Cathroe and wife to M. E. Arn- old, lots 4 and 5, Sub. of Fort View Annex . D. Armstrong and wife to Bernice B. Clark, lot 5, blotk 2, Reed's 5th 5,460.00 Portsmouth Savings Bank to Eugenie M. Earle, lot 18, block 118, Dundee Place .. . 2,450.00 Jennett ‘O'Brien and husband to C. H. Withey, lot 5 and e'% lot 6, block 10 Kountze Place ... 200,00 Parkway Real Estate Co. Hansen, lot 5, block 29, Carthage 300.00 G. I Morton and wife to Gus Blom- quist, lot 9, block 3 Creston...... 350.00 H. J. Stiger and wife fo E. L. John- _ son, lot 19, block 2, Wilcox id.... 5,000.00 C. F. Hastings et al to August Wilke Tot 9, block 4, Reed's 400, Barker Co. to Monica L. south 42 ft. of Sub. lot 35, and east 182 ft. Sub. lot 25, tax lot 5, 16-15-13 C. W. Martin and wife to Lizzle L. t 40 ft., lot 10, 1st addi- st Hiil ... oo 5,000.00 James Corr and wife, to George Se- gard, lot 10, block %, Lowe's Sub.. 2,500.00 John 'A. Creighton Real Estate & Trust Co. to F. M. Schroeder, lot block 1, Creighton’s 1st addition 500.00 Annje Welr ‘and husband to J. A. C. Kennedy, lots 8, 4 and 21, block 6 Walnut HIll State National F. W. Parr, John A, C Tru bl 1.00 | 1.00 750.00 400.00 8,500.00 o 1.00 1.00 o 150.00 of Cleveian lot 47, Lenox < ghton Real Estate & to Theo, Isaacson, lot 14, . Creighton’s 1st addition. .. A. J. Nodegn and wife to Frank Ra aili, jr., &nd wite, lots 1, 3 and 3, block tion .0 : %! Stormer, north 35 ft., lot 9, block 3, McGavock & O'Keefe's addition.. Lorenzo Litton to Herman Cromwell, lot 3, block 6, Kountze dth... I F. Haxter to Mamie C. Baxter, block 2, Plainview, Omiha Safe Deposit & Trust Co. to Thos. Hoctor, lot 15, block 2, Jet- ters addition ......... Elizabeth Kountze Reai b F. H. Davis, undivided 3 of s, lot 1416 Millard & Caldwell's addition John Hallenbeck and wife to J. C. Recves, 2 acres in sely nelyy section 9-14-10 R. Gaylord et al to Preston 5 acres In s n¥% ney 9-14- Reeves, 6 to Wm. Fleming, Saunders & Hime ate Co. to County’ “Treas lot 23, block Total _ RAILWAY TIME CARD UNION STATION—10TH AND MASON Unfon Pacific— *Overland Limited . Colorado Express Atlantic Express . press . Limited. Fast Mail . : China and“apan Maii. North Platte Local ...... Colo. Chicago Special.. Beatrice & Stromsburg Local ... valley Local (motor, via Lane Cut-Off). { Valley Local (motor). *Local passengers not carried Nos. 1 and 2. Wabash— St. Louls Express........a 6:30 pm 8t Louls Local (from Counell Bluffs}...... Stanberry Local (from Counctl Bluffs) 1 Chicago Express ..... Chicago Limited ... Minn.-St. Paul Expre | Minn.-8t. Paul Limited.a 6:00 pm | Omalia-Ft. Dodge L'cal.a 4:15 bm Chicago, Rock Islam Chicago Limited | Towa “Local . | Rocky Mounta a11:08 pm a 430 pm At | Chicago Flyer | Rocky Mountain Lid...all:12 pm Colo. & Cal. EXpress....a 1:& pm Okl. & Texus Express..a 4:% pm Chicngey, MUwskusee & b Chicago & Colo. Special.a 7:% am Cal. & Oregon Express.a 6:0 pm Overland Limited ......w 9:38 pm Perry Local L1b 8:15 pm Chicago Great Western. St Paul-Mingeapolis.... St Paul-Minneapoils Chicagy Limited Mis K C. & St. L. Express. K C & 8t L. Kapress..ad:lf ym Chicugo & Northwesterme Chicago Daylignt Twin Cliy Expre Chicage, Local Sicux City Lecal.. Citicago Local Chicago 8 Minnehota-Dakota Fast Mall Twin City Limited. Los Angeles Limited. Overland Limited . Nebraska 4nd Wyo Norfolk- Bonesteel Long Pin Casper-Lander . Fremont-Albion Hastings-Superior H E2 cREsEED FEE b Sebered 30 - o i = REUBE BuswEnCENEE €8 gevses §E5EE FEEEEE BEEEEEEEREE BURLINGTON STA~—10TH & MASON Burlington— Arrive. Denver & Californta. Northwest Special . Black Hills ... Northwest Express | Nebraska_points . Lincoln Fast Mail. Nebraska: Express . Lincoln Local Lincoln Local Schuyler-Plattsmouth . Bellevue-Plattsmouth Plattsmouth-Iowa Bellevue-Plattsmouth . Denver Limited Chicago Special Chicago Express . Chicago Flyer ... Iowa Local . Bt. Louls Expres: Kansas City & §t. Joe. Kansas City & Bt. Joe. Kansas City & St. Joe.a WEBSTER STA.—15TH & WEBSTER Chicago, St. Paul, Minneapolls & Omaha— Leave. .b 6:30 am 2:00 pm 8:456 am 6:55 pm Twin City Passenger. Sioux City Passenger Sioux City Local . Emerson Local f Missouri Pacific— Auburn Local ....b 8:50 pm a Daily. b Daily except Sunday. ¢ Sun- day only. d Dally except Saturday. RELIGIOUS NOTES. According to the records of the buflding department for ten years past, more money was put into places of amusement than in church buildings in New York City. Mrs. Blizabeth F. Noble of Manstield, Mass., whose will has just been made public, left $10,000 to the Midnight Mission of New York, and the same amount to build drinking founts for horses and dogs in the strects of New York. Dean Joseph G. H. Barry of Nashota House, Wis., just called to the rectorship of the Church of St. Many the Virgin, New York City, was born in Middle Had- dam; he journéyed to the priesthood via Wesieyan ~ university and the Berkeley Divinity school. Dr. Francis B. Clark, national president of the Christian Endeavor union, in a talk before the Nashville Christlan Endeavor union at Nashville the other night, ad- vocated' the coalition of the Christian En- deavor union_with the Epworth league and the Baptist Young People's union. Verlly, it pays handsomely to advertise even a church. The Congregational Church soclety of Wakefield, Mass., has found this out. On February 21 the church was burned | and the members set about getting funds for a new one. following “ad” in thir local papers: “Wanted—Thirty thousand dollars to re- build_the Congregational church destroyed by fire February 2. Subscriptions re- cefved Sunday. On Sunday last gifts amounting to $23,000 were received. Prof. George A. Coe of Northwestern university, who has been elected professor of practical theology in Union Theologioal seminary, New York, has held the John Fvans chair of philosophy in the Bvanston institution since 189, He was graduated from the University of Rochester in 1834 and from Boston university in 1867, A monument to Barbara Heck, the mother of Methodism in America, as she is sometimes called, is to be unveiled in August in the littie old Blue Chtirch grave- vard on the banks of the Saint Lawrence, near Prescott, where she lles buried with her husband. This is not the first me- morfal to Mrs. Heck. There tablet to her on the walls of the chapel which she helped to establish in New York; and there are a Heck hall in con- nection with the Garrett Biblical Institute at Evanfton, Tll, and a Heck Hall for Women at Victoria university in_Toronto. She helped to found the first Methodist society in Canada, so the Methodists in two countries are interested in the new monu- ment in Blue Church graveyard Developments Here and There. The tides of the bay of Fundy will harnessed for electric power, An electric sand-papering outfit of the latest electrical devices. England is now In direct telegraphic com- munication with India, a distance of 5374 miles. A wireless plant will be installed on the : tower of the city, hall of Phila- 0 feet above the Street. has been perfected, driven by ral electric motor, for polishing ranges in hotels and restau- be is one A wireless telephone s to be used along the coast as a fog signal. It has been tried out and found to work well under heavy weather conditlons. Electric sirens are in use on the rallways of Germany. The sound Is produced b the vibrations of a diaphragme under the influence of an electro-magnet. Wireless communications have been suc- cessfully carried on from & speclal train on the Lake Shore railroad to Cleveland and Chicago, while running at full speed. It is expected that In the early electricity will supersede steam on all the rallroads of Germany. It will take nearly 135,000,000 to replace all the steam loco- motives with electrics. A great dam is to be erected across the Colorado river at Marble Falls, Tex. When completed this dam will give more | than 10,000 horse-power, which will be used to operate a large caiton mill and other industries. The first practical demonstration in this country of the mew process of telegraph- ing photographs was made March 4, when pletures of Taft and Roosevelt were flashed puR UOIBUISEAY USSMISq SOJM U} JOAO New York. The largest storage battery In the world i been Installed at the Sixteenth street station of the New York Edison company. The 160 cells have a capacity of 22,000 am- peres for one hour at 13 volts. It will be used only in emergencies. The largest electric ‘power station in the world will shortly be erected within four- teen miles of Johannesburg under the terms of a contract officlally announced, by which the Victoria Falls Power com pany will supply electric power to prac- tically all the mines in that great group. How many of us realize the fact that canes, like hats and neckwear, change with the seasons and that what would be considered & fashionable stick in midwin- ter, will not do at all in May. Very light- weight and light-color canes are the pres- ent mode and the many-sided cane is again popular this season. Silver handles, crooks y the way and not straight handles, are always very much sought after, although some of the younger men still prefer straight sticks. The most fashionable cane 1548, McCauley from Douglas. F Epperson, C. 1. A city charter conferring council power “to levy and collect tax on hacks, drays or uther vehl for pay within the city, and to p the compensation for the use of nch hacks, drays or other vehicles, i= in- sufficient to authorize the city councll §o exact a license tax from p the regi- lation of whose compensation s not per- mitted. 2. The owner of wagons kept by him for the purpose of renting them to varieus firms under monthly contracts, each wagon being kept for the exclusive use of the firm contructing for it, the same being under the direction and control of the vari- ous firme having monthly contracts for sald wagons, and who does not hold himself out as ready to serve any person who may have goods or merchandise to transfer, i not the owner of vehicles used for pay nor is his compensation subject to contre by the city council within the meaning ot the charter provision above quoted. 16675. Pulver against State. Krror from Kearney. Affirmed. Calkins, C. 1. The mayor of a city has no power ta suspend the operation of a city ordinance which contains no provision In itself em- powering him so to_do. 2. Where a lfcensed saloonkeeper is prose- cuted for the viclation of a city ordinance forbidding him to keep his place of busi- against versed State. and Breo remanded. upon the liconse s used scribe Recently they inserted the | is a marble | tuture | ress open after 11 p. m. and such act is shown to have been committed by an agent In charge of such business, it is un- recessary to show any gulity Intent on the part of the owner, such prosecution belng in the nature of a civil action to recover a_penalty. 165022, Boesen against Omaha Street Rall- way company. Appeal from Douglas. Af- firmed. Letton, J.; Fawcett, J., and Barnes, J., dissenting. 1. In this, an action for personal Injurfes alleged to have boen occasioned by the derallment of a street car whereby the plaintiff was thrown from the car and thereby injured, the defendant pleads con- tributory negligence, In that the plaintift was negligently standing upon the running board of the car at the time of the accl- dert, and his injuries resulted from such negligence. Held, that it was not error to refuse an instruction that if the jury be- lieved from the evidence that 4he plaintift was not thrown from the car, but that he attempted to get off the car when it was in_motion and fell into the strect their verdict should be for the defendant, since ch an instruction is neither within th sues made by the pleadings nor the evi- dence In the care. 2. Instructions should be considered to- gether. Separate clauses or paris of a sentence should not be separated from the context in_ order to arrive at the true meaning of the language, but all that fs id upon the particular subject is to be ken. 3. A witness testificd that the plaintiff “was thrown from the car,” but he testi- fled later that he did not see the plaintiff until he was lying on the ground. A mo- tion to strike his answer as being merely a conclusion of the witness was overruled and exception taken. Held, that while the answer should have been stricken, the error was *not prejudicial, since the jury could not have been misled by the testi- mony. 16,497 from Furnas. remanded. 1. The district court is without original jurisdiction to distribute the funds of an estate of a deceased 'son. 15,121. Howell against State. Brror, Doug- las ‘county. Reversed and remanded. Reese, C. J.; Rose, J. not sitting. 1. To charge a criminal violation of the first section of art. 2, ch. 9la, Compfled Statutes, 1807, “To protect trade and com- merce against unlawful restraints and monopolies,” commonly called the “Junkin Act,” the indictment or information must allege that the acts complained of were in restraint of trade within this state, A number of persons, dealers in coal and other fuels, in the city of Omaha, created and became members of a local organization known as the Omaha Coal exchange, and were subsequently indicted under what is called the “anti-trust laws" of this state. Upon the trial of one of the indicted parties, the constitution of the ex- change was introduced in evidence by the state ani which contained an article pro- hibiting tho members from soliciting trade by the personal appeals of themselves or thelr agents, but allowing the use of printed postal cards and non-addressed printed matter enclosed in envelopes, and providing that the exchange should not interfere with prices made between mem- bers, or as to whether the same should be at wholesale or retail prices. The court instructed the fury that that article was “in_itself” a violation of the law of this state, and If they found that it was In ree and carried out by the defendants, the ac- cused was gullty of the crime charged. The instruction is held erroneous; t it was proper for the jury to take the article into consideration in arriving at their verdict, hut that it did not, of itself, foreclose fur- thor inquiry as to defendant's guilt. 3. It was shown by the evidence that the accused on trial had not, personally, be- come a member of the Omaha Coai ex- change, but that he was a member and president of another organization which was, Iteslf, a member of the exchange; that he was the president of the Omaha Coal exchange and chairman of its board of directors which had the management of s businees. and that he acted in both capacities. Held, That this constituted him to all intents and purposes. a member of the exchange and lable criminally to the same extent as though he had personally signed the canstitution and been admitted to membership. 16626, Dalley against Treadwell. Appeal from Clay. Affirmed. Calkins, C. Epper- son, C. not sitting. Commissioners’ de- partment, 1. Where a witness to a will testifled that another witness and himself signed the will at the request of the testator, such testimony will not be dlsregarded on ap- peal, because in the form of a conclusion, no objection on that ground having been made at the time, 2 Where the evidence shows that the witness to a will signed the same at the request of the testator. who thercupon di- | rected the draftsman thereof to place the same in an envelope addressed to the county judge, In whose office it was after- wards found, such acts constitute a suffi- clent_publication of the will 3. Evidence examined and found insuffi- clent to show a change of residence. 4. Where it appears that a testator had been on various occasions temporarily con- fined in a hospital for the insane, but in | the Intervals was competent to transact with judgment and discretion his ordinary business and had sufficient strength of mind and memory to know and comprehend and retain in his mind those who were or naturally should have been the objects of his bounty. the nature and extent of his estate, and the distribution he wished to make of it, and that during such an inter- val he executed in due form his last will | £nd testament, making a reasonable distri- | bution of his tate, a judgment probating sald will should_be sustained 5. It is not error for a district judge to | refuse to hear argument where an ex- amination of the evidence discloses ti | fact that the conclusion arrived at was | | the proper one. 15548, Wells against Cox. Boyd. Opinion. Reverse Calkins, C. Commissioner: department. | 1. While the provisions of the occupying | claimant's act which gives the successful clalmant the option to deed the land for its | | arpraised value is not applicable where | such claimant cannot convey the fee, the provision that the occupying claimant ‘shall | | not be evicted without payment o him of the value of his lasting improvements, is enforceable. 2. The provision of the occupying claim- ant's act applies to evictions had under chapter 10, title xxx, of the code of civil| procedure, (sections 1,019 to 1,082, codey, of | one claiming under the homstead laws of the United States. 15660. Stanisics against The Hartford Fire | Insurance Company. Appeal, Lancaster. | Affirmed. Letton, J 1. A contract of insurance is a contract of indemnily and any person attempting to enforce & clalm under such & contratt must show an interest in the subject matter of | the contract. 2. The findings of the district court in a law action tried to the court without the intervention of & jury are entitied to the same weight as the verdict of a jury and will not be disturbed unless the ‘evidence is_clearly insufficient to support them 15%2. Radford against Wood. Appeal Buffalo. Reversed. Root, J 1. R constructed a dam across the intake of a subsidiary channel of & natural water course and thereby retained all of the water in sald river in the main channel. R had not secured permission of the ri- parian owners on the main channel below sald dam to thus increase the flow of water, nor had he proceeded under any statuté to secure that right. R brought an action Bonacum against Manning. Appeal Fawcett, J. Reversed and Appeal from and remanded. to enjoin W, the owner of an island In the main channel of the river five mliles below his dam. from destroying said ob- struction and W filed a crose-petition to Supreme Court Syllabi | the | to | presented by | the facts, | of not | compuny not be compel R to remove it and also prayed for damages. Held, that as R did not have lawful authority to construct said dam, & court of equity would not protect him'in maintaining it, but, as the evidence was conflicting and left the court in doubt as to whether sald obstructions damaged W, he would, under the circumstances of the case, be relegated to his action at law for aamages. 15,472, State ex rel, Luben agamst Chi- cago & Northwestern Railroad company. Appeal from Holt county. Affirmed. Root, J. 1 Chapter 9, laws of Nebraska, 1907, will not In every instance, afford a shipper an- adequate nedy against a rallway company that unlawfully neglects and re- fuses to furnish cars for the transportation of his goods and chattels. 2 In an actlon in mandamus to compel a rallway company to furnish cars for a shipper, the proof established that the re- lator desired to ship his hay in car load lots; that he had repeatedly requested the carrier to furnish him cars for said pur- pose and that it had failed to do so. No reasonable excuse was shown for such con- duct. Held, That a peremtory writ of mandamus In favor of the shipper and against sald_corporation was proper. 15,479, McCullough agamst Dunn. Appel from Cass county. Affirmed, Epperson, C. Commissioner’s department. 1. In an actlon to recover on a warranty that a horse sold by defendant to plaintiff was sound, plaintiff alleged that the horse was suffering from a disease or defect of the back, the evidence indlcating that the troublo was azoturia, a disease of the stomach, liver and kidneys. Held, Not such a variance as will require a reversal of a judgment in favor of the plaintiff, it not appearing that defendant was preju- diced by plaintiff's failure to allege azoturia as the horse's disease. 2. The testimony of a witness, otherwise, admissible, who observed certain symp- toms showing that a certain horse was dis- eased although he was unable to identify it _as the horse In controversy, is admis- sible in evidence and will be permitted to stand In the record if the horse he ob- served s identifled as the one In con- troversy by other witnesses 15417. “Hart against Knights of the Mac- cabees of the World. Appeal from Dodge. Affirmed. Duffie. C.; Rose, J., concurring aeparately. 1. Statement in the proof of loss, as to the cause of death of an insured, may be contradicted on the trial of an action on poilcy of Insurance, unless the usual elements of equitable estoppel are present, 2. A fraternal insurance company cannot have the benefit of its by-laws and amend- ments thereto, in defending a death claim, unless certified copies of such by-laws and amendments have been filed with the audi- tor of public accounts. 16663, Kimmerly against McMichael. Ap- peal, Grant. Affirmed. Rose, J. 1. In a suit by a divorced woman to quiet her title to the former homestead the court may find that the property was not her separate estate and at the same time sub- Ject it to her llen for alimony by canceling a vold deed which had been executed in violation of her homestead rights, where the pleadings and proof warrant such re- lef. 2. After dec a petition in equity not attacked by motion or demurrer will be liberally construed by the supreme court for the purpose of upholding the proceed- ings of the trial court. 3 In a sult In equity the relief to which plaintiff is entitled under hie petition and proofs may be granted pursuant to his gen- eral prayer, where defendants understand the tesue and resist his allegations by evi- dence. 4. Allowance of alimony in lieu of a wife's Interest In her husband’s property is not an_adjudication which prevents her from recovering a des cancellng a vold deed formerly executed In violation of her home- stead rights and iInterfering with her llen for alimony. 5. A decree in equity should not be re- rsed for a mere technical error which does not prejudice any party to the sult., 6. A mortgage on a homestead worth less than 82,000 when executed by the husband, but neither signed nor acknowledged by the wite, 1s vold. 15560. Willard against Key. Platte. Affirmed. Epperson, sioners' division, 1 If an agent In the prosecution of his principal’s business misrepresents a ma terlal fact, and the person to whom such representation is made, in ignorance of the truth, relies, and acts on such statement to his damage, the agent and principal are Jointly liable in tort_therefor. 16567. County of Colfax agalnst County of Butler. Appeal from Butler. Affirmed. Dena, J. Reese, C. J., not sitting. 1. The county of Colfax served notice upon the county of Butler in substance re- questing it to join In and to pay one-half of the cost of the repalr of o wagon bridge over the Platte river, which request being ignoted by Butler county, Colfax proceeded tnder a contract to bulld ally a_ new bridge, costing about held, Butler county not llable to fax county for any part of the cost of bullding such bridge. 2. A notice served upon a party sought to be charged thereby should fairly state the Intention of its author and the scope of the enterprise contemplated by him 16668. George against Dill. Appeal from Custer. Affirmed. Duffie, C. Commi sloners’ division 1. In an action pending in the Twelfth judicial district (he partles stipulated to try the case before the judge of the Thir- teenth judicial district, and to take the evidence before said judge at Grand Is- land, in the Eleventh judicial district dur- ing the vacation of the court in which the action was pending. Whether a judgment based on the evid 80 taken, rendered by the judge hearing it at a regular term of ‘the court of the Tweltth judicial dis- trict, Is erroneous and subject to reversal on appeal quere. 2. After acquiring jurisdiction of the par- ties and the subject matter of the acticn, irregularities on the part of the court in entering judgment in the case can be taken advantage of only by appeal: such Jjudgment not being absolutely vold and subject to collateral attack. 156674, Olson against Nebraska Telephone company, apppeal, Douglas. Reversed and remanded. Rees, C. J.; Barnes, J., dissent- ing from reversal as to Nebraska Telephone company. 1. A contract by which a master seeks tmpose upon his servant dutles and obligatlcns which the law Imposc upon the master and to relleve the master from labllity for negligence on his part is against the public policy and vold 2. Where the question of negligence is the pleadings and there is no conflict in the evidence and but one reasonable inference can be drawn from the question is for the court. See Brady agalnst Chicago, St. Paul, Min- neapolis and Omaja Rallroad company, 1, Neb. 238, 3. Where the ordinance of a clty require an’ electric light company to maintain electric light wires in a taut condition to avold swinging contacts and to Keep such wires properly insulated, and, where it Is necessary for such electric light 8 to cross the Mne of a telegraph or telephonc line, tc string its said wires at a distance less than five feet from the wires telegraph and telephone line; & on the part of sald electric light to comply with all or any of such requirements is negligence which will render it liable to any person who, without fault on his part, is Injured by reason thereof. 4. And in such a case, where the de- fenses of assumption of risk and contribu- tory negligence are relied upon, it is error to ‘withdraw the case from the jury, un- less such defenses are established by evi- dence so clear that reasonable men would Appeal from C. Commis- nce of sald fallure warranted conclusion 16678. Reed against Chicago, Burlington & Quincy Rallway company. ' Appeal from Nuckolls county. Affirmed. Good, C., Com- ssioners’ division, In an action against a railroad compan plaintiff alleges the purchase and posse sion of a mileage ticket, the possession of a frelght train permit and that defendant, disregarding its duties as a common car- rier of passengers, wrongfully ejected him from @ caboose attached to one of its trelght trains, but did not allege v con- tract to carry him as a passenger or any breach thercof. Held, to state a cause of action ex delicto and not ex contractu, 2. Raliroad companles may properly desig- nate on what tralns passengers may be carried and may exclude passengers from unscheduled extra freight trains. 3. A permit issued by a rallroad company without consideration which authorized its train operatives to carry the holder of the permit on freight trains is a mere license and may be revoked at any time when the iolder i8 not actually a passenger under it 16679, Brunke agalnst ' Graben. Appeal. Franklin. Good, C. Commissioners' divi- sion. 1 In proceedings by an assignee of a dormant judgment for a reviver thereof the defendant admitted the recovery of the judgment and the asslgnment thereof to plaintiff and denled that plaintiff was the real party In interest, without allegin, that the assignee had In any way trans. ferred or parted with his ownership of the judgment. Held, to state no defense to the reviver proceedings. 1684, Cooper Wagon and Buggy Com- In reaching a different pany against Irvin, Appeal, Franklin. Af. firmed. Duffie, C. Commissioners’ al slon, 1 | The husband and wife mortgaged thete homestead owned by the wife, together with other lots owned by the husband, to C. Afterward they executed a second mortgage to the appellant on the lots owned by the husband. Held, that on a foreclosure of these mortgages a decres requiring C to exhaust the property not embraced in the homestead before selling the homestead estate was proper, and that the appellant had no cause of complaint, as a marshalling of securities is allowable only where the common debtor of two or more creditors s the owner of the several funds out of which payment is to be made. 1588, Mott agafnst State. Erron, Buffalo, Reversed and remanded. Barnes, J.; Root, J., and Reese, C. J. dissenting; Rose, J., not sitting. 1. In a nosecution for the erime coms monly called statutory rape, where the prosecuting witness testiffes positively to the facta constituting the crime, and the defendant as positively and explicitly denles her statements, her testimony muet be corroborated by facts and circumstances established by other compotent evidence in order to sustain a conviction. 2. Bvidence examined in substance stated in the opinion and held not sufficient ta sustain the verdict 3 In prosecutions of this Xind it ls the duty of the trial court to properly Instruct the jury as to the necessity of corroboras tion ‘without any request therefor on the part of the defendant. 15683, Callahan against State. Error from Douglas. Reversed. Letton, J.; Rose, J., not sitting. 1. In the prosecution against the superine tendent of a cemotery for unlawfully ase sisting, Inciting and procuring another to disinter human remains where the evidence is that the nccused had no knowledge of the disinterment and state relies upon gen- eral instructions to a person emploved as A grave digger as constituting the Inciting and assisting act, Instructions In another and particular instance are not sufficlent to support a conviction. 2. Bvidence set forth in the opinion, held, not to constitute such Instructions’ to laborer as to warrant a_conviction in a case where it is shown that no knowl of the disinterment was had by the su- porintendent until ome time atter the act ad been performed. 3. Cross-examination should be restricted to matters covered by the examination in chief. 4. Under the evidence set forth in_ the opinfon, held, error to submit the question to the jury as to whether the instructions given by the defendant to the laborer in the particular instance constituted a rula of action for future Instances. 15789, Yelser against Broadwell. Appeal, Douglas. Reversed and remanded. FEpper- son, C.; Fawcett, J., not sitting. Division No. 1. 1. A written assignment of a sum of money in the custody of an agent, Intended to convey the title thereof to the asslgnee, and_made in_definite terms, without the reservation of control in the assignor, is sufficlent to give the assignee priority over a oreditor attaching such funds in the hands of the agent subsequent to the date of the asslgnment. 2. Fraud Is not presumed from the mers fact that an insolvent debtor assigns prop- erty or pays "m";r to his attorney for services rendered orlto be rendered in the future. 15,607, Seifert against Dillon. Appeat from Lancaster. Affirmed. Reese, C. J.; Fawcett, T, not siiting. i. The right of a land owner to restrain an adjoining property owner from using his properly as a bawdy house, or house of ill fame, to which persons resort for the purposes of prostitution and lewdness is n_right belonging to the land, and the fact that deferdant’s premises were so used before plaintif purchased property, con= stitutes no defense to an/action to enjoin the same. 2. The illegal use of prope: of 1l fame constitutes a continuin to a nearby property owner, whic affected by lapse of time. 2. The fact that munigipal authorities tolerate the maintenance¥of a house of prostitution on defendant's property, and thereby violate the law themselves, con- stitutes no defense to a suitt by a nearby property owner to enjoin such maintenance, special damages being shown. 4. Where a nearby property owner and those in his employ, are compelled to wit- ness indecent conduct of the inmates of w | baway house, and to hear loud, boisterous, indecent and annoying nolses’ made by them and their dissolute companions, he thereby suffers a_special injury, different from that sufered by the general public, and {s therefore entitled to enjoin the same, notwithstanding the maintenance of such place s a public nuisance. Barnes against State. Appeal Reversed. Calkins, C.; Root, Chapter 97 of the laws of 1805, pro- viding for the examination and licensin of persons engaged in the practice o | veterinary medicine and forbldding per- | gons not o licensed from assuming the title of veterinary surgeon, or the title degree conferred by the veterinary loes not contravene any con- provision. Morils against Miller, Attiem Reese, C. J. | 1. In an action for damages for an as- | sault and battery wherein it was claimed | by cacn ot the parties that the other was | the agsressor, and by the detendant that | what i did was in sélf-defense, it was not error for the court to instruct the jury among other things, that the right ot seli- defense did not fmply the right to attack, or 10 voluntarily enter into an atfray, nor | 10 use more force than was necessary for his defense, and that the question as to who provoked tae difficulty or made the first assault was for the jury to decide under the evidence. 2. In construing as a house injury is une Lodou. | Appeal from | Buttaio instructions upon any given proposition all instructions bearing upon the same should be construed to- gether us a whole. | 8. Where two persons engaged volun- tarily in a fight, either can maintain an uction against the other to recover the actual dumages for the injuries he may recelve, and the fact that the combat was by agreement or mutual consent of the partles to it is no defense. 4. Immediately after an encounter be- tween plaintiff and defendant, the plain- uff's hat was picked up near where he fell and was Introduced in evidence upon the trial showing a break pr rent at a place which when worn would be over or near the point injury upon plaintift's head, The identity, condition and possession of the hat were shown by evidence preliminar to its introduction. Held, that the admis sion of the hat in evidénce was not ers roneous. 5. After the conclusion of the instruce tlons by the court to the jury, and upon the jury retiring from the court room to dellberate upon thelr verdict one of the Jjurors, by mistake and inadvertence picked up the hat which had been introduced in evidence and carried it into the jury room, where it remained until the next dsy, when it was removed by a balliff and returned to the court room. The evidence adduced upon the motion for a new trial showed that the hat was taken by mistake and that little if any attention was paid to it by the jurors; that It was upon the table around which ' the jurors assembled and used a a ballot box a part of the time; that ft was not used in any way for the purpose of Influencing the minds of the jurors and did not influence them. Held, that the tak- ing of the hat to the jury room, under the circumstances, was an irregularity, bub without prejudice to the defendant. 15459. Hibner against Wilson. A from Lancaster. * Reversed and remanged. Root, J.; Heese, C. J., dissenting; Dean and Rose, J. J., concur in dissenting opinion 1. H. in his report as administrator of a estate, claimed compensation for service Said item was allowed in part and the re- mainder of his account approved. H, gave notice that he would appeal from the order diminishing his sald claim and gave a bond which referred solely thereto. Held, that the transcript filed in the dlstrict court did not bring up the entire account for review. 2. H., belng an attorney at law, performed legal services in the admintstration of sald estate. Held, that if such services wers necessary for the proper administration of #aid estate and beneficial thereto, the court, In Its discretion, might allow the administrator reasonable compensation therefor. 3. For services rendered by H. in a busi- ness way, such as collecting rents of real estate, paying taxes thereon, insuring proj |erty and attending o repairs, it was within the discretion of the coust, if the evidence established that such services were ex- traordinary, to allow H. a reasonable com- pensation. 4. In the district court the clalm should | have been tried without the assistance of . dy against Sheedy, 36 Neb. 873, dis- tinguished. 1640. Chults against Chlcago, Burling- ton & Quincy Rallroad company. Appeal from Lancaster. Reversed and remanded. Fawcett, J. “Where one enters upon the premises, of another with his consent, but without an invitation, and not in the discharge of any public or private duty, he is a bare licensed, and the keeper of the premises owes no duty to him, as long as no wanton or willful injury is inflicted upon him by the licensor or his servants.” Che against Rocheford, 9 N. W., Ml, approvi and followed - - |