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ntE "OM All A DAILY BEE: FRIDAY, NOVEMBER 21, 1002.
a X-RAY COMPETENT EVIDENCE 8upieros Court Lays Down Broid Rule Regarding It Admissibility. PASS ON SEVERAL INSURANCE PROBLEMS Other Thins the fgprrmr Coort Declines to Folio the Hole Laid Down by 1'nlted States Supreme f'onrt. fFrom a Staff Correspondent. LINCOLN, Nov. 20 (Special.) The use ef the X-rnjr or cathode picture as a piece of competent evMeooe wss officially recog nised by the supreme court In a derision handed down at the present terra. It had previously tentatively sanctioned the use of these developments of science, but goes much farther than ever and broadens the rule of other courts materially. It says that to constitute a foundation for the Introduction of such pictures It Is not es sential that they were taken by a compe tent person nor that the condition of the apparatus and the circumstance under which It Is taken were such as to In sure an accurate picture, where the object ought to be shown. The case is one from Merrick county, where Frank A. arlson was defeated In an effort to recover from- Drs E. A. and Joseph Benton damages for what he con tended was an unskilled and negligent piece of surgery by which the tones of a broken leg did not unite, and which left Mm lama and suffering great pain. The supreme court reverses the lower court, and says that the trial Judge was guilty of to abuse of discretion In ruling out the X-ray pictures. It says that the discretion of the Judge in the reception of evidence Is not ebsolute where the evidence leaves no room for a difference of opinions, and If exercised In a case of that character It la abuse of discretion. The evidence referred to was given by three other surgeons, who had examined the leg both by the picture and by other Deans, such ss manipulation and touch. Forfeiture Not Waived. Another vexed point of fraternal insur ance law Is settled In the Adams case from Douglas county. In this the evidence was that C. W. Adams had been In the habit of paying his assessments In a bunch. One day, while in Lincoln and while be was under suspension for nonpayment of dues, he sent to the financial secretary of the subordinate lodge at Omaha a money order for $5. The clerk sent him a receipt and a blank' certificate for his to sign showing that he was In good health at the time he paid. This never reached Adams, he had died suddenly of an apoplectic stroke the same day It was mailed. The supreme court says that the mere receipt of the money by the financial secre tary of the subordinate lodge was notof Itself a waiver of the other conditions for reinstatement. There was evidence that a member of the finance committee said to a son of the deceased when the latter showed him the receipt that It was a cinch he would get the money, but the court holds that neither this nor the subsequent consideration of the case by the grand lodge, although a mttter involving some expense to the beneficiaries, were waivers of forfeiture. - Handling Means to Handle. It cost Thomas Doody $2,000 to carry a gun one of Ms boarders had left behind him from the dining room of his hotel to a closet. On the way the gun was acciden tally discharged and Thomas lost a hand. He held an accident Insurance policy in the National MasQoia.asioclat Ion., Under class one, as an 'innkeeper. If he lost a band in and about his customary business he was entitled to recover $2,500; under another class, if he lost it while handling firearms he coul get but $500. The question was, did he lost It while handling firearms? His counsel contended that this clause meant If he was carrying a gun about for purposes of hunting or for other use. He insisted that the word "handle" was syn onymous with ply, wield and manipulate. The Insurance company's attorneys quoted dictionaries to prove that to handle meant "to touch with the hands." The court says that the latter definition is the proper one for thla case, that Doody was handling fire arms. While the words quoted by counsel were synonymous with "handle," they were not verbal equivalents, and that it was not a question of which of two definitions should be taken, but. whether In defining the word the court should exclude what certain authorities say it does mean. Lincoln City Wins Salt. Marie Northduft is not entitled, .accord ing to the supreme court decision, to re cover from the city of Lincoln for damages sustained by a fall on a sidewalk on F street, between Eighth and Ninth. The dis trict court Instructed the Jury for the city, and one of the complaints was that there was evidence that should have gone to the jury. Mrs. Northduft's Injury was caused . fcy the fact that her companion stepped on one end of a loose board and she tripped over the raised portion. The walk had been defective for several years and on Hallowe'en night before had been picked up and .thrown. Into the street by boys. The owner repaired It, but did not make It as wide as before, leaving ends of the string ers sticking out. Mrs. Northduft's attor neys contended that the walk was an illegal one and that after she fell her injuries were caused by coming in contact with the projecting stringers. The supreme court holds that It was the loose board and not the projecting ends that caused the fall and that the latter did not contribute to her Injury. Coastraes- Bankruptcy Law. The case of Hackney, trustee, against Hargreaves, from Lancaster county, wss re versed because of error committed by the trial Judge in submitting to the Jury the question of a mutual agreement between Erlrnborn, a bankrupt, whose trustee the T. JACOBS & OIL km USED FOR 99 YEARS. THE GREAT PAINS-KILLING SEKEDY. NEVER FAILS TO CURE RHEUM XTISNI. SPRAINS, ,T.,-NE3..tcA.rCA NEURALGIA SORENESS LUMBAGO CHEST COLDS And all Bodily Aortas and Pains THESE IS NOTHING SO GOOD ACTS LIKE MAGIC CONQUERS 25c and 50c Sizes FAlfN 1S i v plaintiff I, and E. J. Kettering, who bought his stock, ss to the settlement of sn account owing by Erlenborn to Har gresves Brothers. The, esse Involves s construction of the local application of the national bankrupt law. When Erlenborn sold out to Ketter ing he arranged for the payment to Har greaves of 7.1 per cent of whst he oed that Trm, and the other creditors, who got nothing, claimed this wss a preference. This contention Is upheld by tlie supreme court. Klankl fiets Reversal. The Greater Amcrlr exposition at Omaha is held responsible for damages to llttln Ernest Klankl, who, the day after a fireworks exhibition In the exposition grounds, picked up In the street near his home two blocks swsy an unexploded bomb, which promptly went off and tore off his left hand. The directors. Messrs. Hayden, Her and Kitchen, who were Jointly sued, are relieved from responsi bility. The court says that It Is not un lawful for a man to explode fireworks on his own premises If he does It carefully and In a suitable manner, but If they are exploded at such an angle as to be pro pelled outside and remain there he Is liable. Exploding fireworks Is a dangerous thing to do. and It Is negligence It any of them are so constructed that they do not go off. Klankl wanted $10,000, but the trial court said he couldn't recover. If you kindle a fire on your land you are not bound, ssys the supreme court, to anticipate and guard against a whirlwind or an extraordinarily high wind if you have taken such precautions ss a prudent msn woMld to confine the fire to his premises snd wstched over it; The case comes from Cherry county, where the dis trict court held Ludwlg Bock liable for damages to N. J. Groms. The Nebraska supreme court, in the esse of the German Mutual Insurance company against Palmer, politely but firmly overrules the federal supreme court in a matter of Insurance law. The recent de cision of the Northern Assurance Company against Orandview Building Association was cited In support of the Insur ance company's contention that an agent could not waive provisions of forfeiture. The supreme court says thst while It entertains the highest respect for the fed eral tribunal its adjudications on general questions of law are not binding on this court and do not require It to overturn the well settled and long established course of decisions therein. The federal court had held that a notice to the agent was not a notice to the company unless the agent had power to waive forfeiture and the fact that an adjuster had passed on the loss did not constitute a waiver, wblcb could not operate unless special authority to make it Is established. Publicity n Corporate Affairs. C. A. Robbins was the speaker at uni versity convocation this morning. His sub ject was "Publicity In Corporation Af fairs." He summarized existing conditions as follows: 1. The rorporatlon is the creature of posi tive legislation. It has no Inherent rights, not even to exist. It follows that the state may refuse to create corporations or may create them subject to any limitations and regulations. 2. The recent development of great trans portation and Industrlnl corpora tlons, while to some extent the outgrowth of new condi tions, has been made possible by "liberal'' Incorporation laws. The transferability of the shares of the association without change .ii nr. 1UCHUI.V Hiiu cna nmiiea iiaointy or members are the great Incentives to corpor- l" rinir. j ne modern trust is made possible by positive legislation. 3. Probably the greatest evil of modern corporation methods is over-capitalisation. For Instance, the United States steel cor poration Is said to be over-capitalized $175 -000.000. The Northern Securities company nt-u iu mm io ina capitalization of the three constituent corporations in stock and bonds the sum of $200,000,000. Over-capltal-Ixatlon Injures Investors whn m tnAn by fictitious dividends and other methods to pay more than value received for the KinrKs ana wno sre "squeezed out on liquidation. Much of the present threat of a money panic is due to loans by New York banks. Over-capitalization makes necessary the extortion of undue profits from the people to pay dividends on watered stock. . Anomer great evil is unjust discrimina tion in charges, rates and prices with a tendency to create mononolv. The stand ard Oil company and the beef trust have oDiainen control 01 great commodities bv unjust discriminations and secret rebates. It is charged that the West Lincoln pack ing houses were closed hv sunn mthna The normal tendency of over-capltallziitinn and discrimination la the poorest possibly service at the greatest possible price. Best Remedy Proposed. 5. Another Brest evil is the lrr of corporate officers to both stockholders and public. Some of the so-called grest iiiiniiiirin unvw uy Tnnnipu ia ting nlvldenris and properties and effecting thereby the prices of stocks, buying when low and sell ing when hlKh. systematically rnhheH ih.i. stockholders. The discriminations practiced apninri uui rumniuniues in favor of others sre frequently due to the local in terest of corporation officers. 6. Another great evil Is the corruption of legislatures and public officers to perpetu ate these abuses. The state may destroy the corporations or own them or regulate them. Most people believe the last prac ticable. The best single remedy yet pro posed In the way of regulation is publicity in corporate affairs. Over-capitalization, discrimination In charges and misconduct of corporate officers could not be successful under the light of publicity, and the In dictments for corrupting public officers would be gone. Articles of Incorporation have been filed by the Federal Cattle company of Omaha, the incorporator of which are C. J. Ander son, Bernard John HofTacker, 8. N. Mosee, Bernard Joseph HofTacker and G. W. Wat tles. The authorized capital stock is $200 -000. DEDICATE Y0RICS NEW LIBRARY City Has a Plae Balldtnar, Thanks to . the Generosity of Mrs. Woods. VORK, Neb., Nov. 20. (Special.) The formal opening of the Woods rublic lt brsry was an auaplcloua event In the his tory of York and was largely attended. The program wss very entertaining and most appropriate. Hon. E. A. Gilbert pre sided. Gxercls.'S were opened by prayer by Rev. John D. Crelgbten. followed by an ablo address by Hon. E. A. Gilbert. An In strumental solo wss played by Mrs. R. McConaughey. Interesting and able ad dresses were mado by Revs. O. W. Flfer and Cross of this city. Songs were rendered by Misses Cora Conway snd Blanche Cox. Dr. D. E. Sedg-;wick read a report of the building committee that told about all the work dene by the committee. Mr. E. B. Woods gave a sketch of the life of the donor, Mrs. Lydla B. Woods. The new library building Is one of the best In the state and York citizens are proud of It. Mini Grace Hurlbut Is librarian. Home laveators I neaay. FREMONT, Neb.. Nov. 20. (gpeclal.) The opinion of Judge Sedgwick holding that the plan of the Lincoln Horns com pany was a lottery crested considerable surprise and consternation among parties here who have been paying Into that com pany and the parent company In Kansas City for seversl months. One of their contracts here has matured and the holder is msklng his additional payments. There are sstd to be about thirty con tract holders here, seversl of whose con tracts would soon maturs, and who, rely. Ing on the contract, had purchased prop erty. A number of Fremont men organ ised a similar company Just before Attorney General Proul commenced the suit against the Lincoln company, but wisely decided to await the decision of the su preme court before commencing business. The contract holders hers are people who can 111 afford to lose the money they have Ftd la. MARRIES HER GREAT UNCLE May and December Joined With a Venge ance at Emerson. . GIRL NINETEEN, GROOM OVER SIXTY t'oople Had Beea Mark Together, bat Parents Thonaht othlna of It on Account of Relation ship and Ages. EMERSON. Neb.. Nov. 20. (Special.) There have been several elopements and one abduction case from Emerson, but the latent matrimonial venture Is that of Miss Callle Butler, aged 19, who on September 17 was secretly married to A. A. Palmer, aged 65, her great uncle, he being a brather of her grandmother and an own uncle of her father. Mr. Palmer has been making his home with the bride's fa;b.T, Henry L. Butler, during the last year. He and Miss Butler frequently drove to church together and In September they attended the Ak-Sar-Ben festivities In Omaha, the parents not objecting cn account of the disparity In their ages and the relationship existing. It was on their trip that they were mar ried by the county JuJge In Omaha. Yes terday the girl confessed the facts to her parents, who wculd not believe It until the marriage certificate was produced. The couple left last evening In a covered wagon bound for Kansas, where It Is reported the groom has seven children living. The parents of the girl are very much Incensed. DOINGS AT THE UNIVERSITY Recess to Be Taken From Day Before Thanksgiving- to Follotvlna; Monday. (From a Staff Correspondent.) LINCOLN, Nov. 20. (Special.) Thanks giving recess at the university will begin at 6 p. m. on Wednesday, November 26, and continue until 8 a. m. on Monday, De cember 1. A few days ago the botanical depart ment received a collection of small blocks of rare Cuban woods from W. O. Ayer, a student In the botanical department nine years ago. Mr. Ayer made the collection while serving as a United States volunteer In Cuba. He is now in the regular army, stationed at Prescott, Ariz. Dr. and Mrs. F. E. Clements of the de partment of botany will start for New York the first of next week, where they will spend a month studying in the her barium of the New York Botanical gardens. They will also attend the meetings of the Botanical Society of America and the American Association for the Advsncement of Science In Washington. They will re turn at the close of the holidays. A challenge for a debate this year was received from Albion college, Michigan, one of the best known denominational schools of the state. For several reasons the debating board thought It would not be advantageous for Nebraska to debate with the Michigan institution, so the sec retary of the board, W. F. Meier, was in structed to send in a declination to con sider the proposal. Meanwhile arrange ments are being completed for debates with Colorado, Kansas and Missouri. The sea son will wind up with the debate with Missouri, the only debate, according to the present sohedule, which Nebraska will have at Lincoln. The dates are not yet definitely settled. Religious exercises were conducted at chapel Tuesday morning by Rev. Blake of Tecumseh, who is visiting In the city. Dr. T. L. Bolton of the department of philoso phy spoke on the demand for teachers throughout the state. Teachers are plen tiful for the branches of language, litera ture and history, but there Is a great dearth of Instructors along the lines of mathematics and sciences. Dr. Bolton ex pressed the fesr that the schools could not maintain the university requirements for admission unless the demands for teachers in these departments were met. He urged more students to take the scientific branches and closed by advising the students not to be afraid of work. Passenger Loses Ticket. ASHLAND, Neb., Nov. 20. (Special.) Through no fault of his Ixmls Smith is temporarily sojourning in the vicinity of Ashland. He left his home st Jamestown, N. Y.. a short time ago with a ticket for Spokane, Wash. On the train out of Omaha his ticket mysteriously disappeared and he thinks was stolen, so he stopped here to visit sn old friend T. B. Plersol. Smith Is now picking corn near here to secure the money to continue his west journey. Kew Bank at Mrkerson. FREMONT, Neb., Nov. 20. (Special.) A bank has been organized at Nlckerson with capital of $25,000. of which $7,500 is paid up. H. J. Stdner of Nlckerson is the cashier and will manage the business. The other officers are W. J. Courtrtght and L. M. Keene of Fremont, president and vice president. They have secured a building and will commence business as soon as possible. Woman Ran Over and Killed. ORD. Neb., Nov. 20. (Special Telegram ) Mrs. D. M. Ross, wife of a prominent Woman's Work in Club and Charity The first meeting of the present executive board of the Nebraska Federation of . Woman's Clubs held an all-day session on Tuesday in the Young Women's Christian association rooms of Omaha. There were present the president, Mrs. W. E. Page or Syracuse; vice president, Mrs. Halner. Au rora; Mrs. Miller, corresponding secretary, Douglaa; Mtas Minnie Becker, Columbus, recording secretary: Mrs. Bell, St. Paul, treasurer; Mrs. Bushnell. Lincoln, auditor; Mrs. Belle M. Stoutenborough. Plattsmouth, general Federation secretsry. the complete executive committee. There were also present Mrs. H. D. Neely of Omaha, vice president of the Second district; Mrs. Clem mond, Fremont, vice president of the Third district, and Mrs. Bonykemper, vice presi dent of the Fifth district, also of the ex ecutive board. In addition to these Mee-. dames Draper Smith, C. 8. Lobingler and Harrtet MacMurphy were also In the meet ing, though not members cf the. board. A discussion of plans for the year's work of the Federation occupied the greater psrt of the session, especial attention being given to strengthening the work In the six districts. Among oi her matters the board decided to invite Mrs. Denlson. president ef the General Federation, to attend the next stste meeting. The invitation of the Fremcnt club, to hold the next meeting (n that city was accepted, other invitations having been extended by Falrbury and Omsha. It was voted to co-operate with the State Board of Charities and Corrections in the effort to secure provision for a court for Juvenile offenders. Committees were ap pointed for the different department ef work and a vote of appreciation extended the officers of the Second district, the Omsha Woman's club and the Young Women's Christian association for the courtesies that hsd been extended. At boob dinner was served the members of farmer living south of Ord. was thrown from a load of brick and run over and almost Instantly killed, a few miles from town late last night. She had dropped a line and fell In trying to get it. GIVES THE OFFICER THE SLIP Prlseaer Held oa Charge of Attempted Maaalaaghter Makes a Qalrk (Seta ay. BCRWELL, Neb., Nov. 20. (Special.) On Monday evening, while the deputy sheriff was taking Henry Johnston to sup per, the deputy looked the other way for a moment and In the meantime Johnston skipped out. The sheriff gathered a posse and stsrted In pursuit. All day Tuesday the sheriff was In hot pursuit. Late last evening Johnston wss seen nesr Taylor, Neb. Henry Johnston wss bound over to the district court on the charge of at tempted manslaughter and was kept in Jail on failure to secure bonds. On the evening of October 9. at about 9 o'clock. Henry Johnston called at . the home of his divorced wife, Llllle M. John ston, ivho lived on the ranch of Arthur M. Bartlett, fifteen miles north of Bur well, and demanded entrance to the home. On being Informed that he could not be permitted In the house, and that if he persisted in his demands Mrs. Johnston bad a revolver and would use it, Johnston returned to his cart and procured a shot gun and came back to within twenty feet of the door, and with the gun In shooting position still demanded entrance. Mre. Johnston fired, and sn did Johnston at ex actly the same time, neither shot taking effect. During the last three years Henry John ston has threatened to kill his divorced wife and her daughter, and some eighteen months ago was bound over to the dis trict court on a charge of threatening to kill them. He at that time secured bonds snd failed to sppear at court. Sheriff Key has offered $100 reward for the capture of Johnston. ROB STORE AT CEDAR BLUFFS Thieves Steal Horse and Roekboard to Hnal Away Their Plander. FREMONT. Neb.. Nov'. 20.-(Speclal.) Bande Brothers' general store at Cedar Bluffs was broken Into between 4 and 6 o'clock this morning and about $400 worth of goods, consisting of silks, dress goods, shoes and cigars stolen. Entrance was effected by breaking the glass in the front door and reaching In and turning the lock. The night watchman, who goes off duty at 4 o'clock, passed the store about that time and the door had not been broken. A horse and buckboard belonging to Mr. Allen, residing several blocks north, is missing, and when he came down town to notify the marshal it was found that the store had also been robbed. The rig was tracked from Allen's barn to the store, where It bsd been driven up close to the wall and thence west on the North Bend road. A pair of bloodhounds were sent for from Valley and arrived at Cedar Bluffs about noon. They took the scent and started towsrds North Bend. The burglars evidently took all the goods they could load on the .buckboard, and as the horse Is an old one and the buckboard light, they will not be able to go far. There Is do clue to the Identity of the men. Bchayler Wants a Bridge.- SCHUYLER, Neb., Nov. 20. (Special.) A mass meeting called at the Commercial club rooms last night to consider plans relative to better bridge accommodations betweed hers and Butler, county at this point, was poorly attended The wagon bridge was examined the other day by D. C Woodrlng, B. A M. bridge superinten dent and found to be In very poor con dition, many of the truss timbers being thoroughly rotten, snd the ends of many trusses having drawn apart so that they rest but insecurely upon the pier caps. Parts of the bridge are very old, and there Is but little question of its being unsafe, which causes fear of acci dents likely to entail heavy expenses through damage suits. There Is from time fo time talk of vacating the road of which the bridge Is part, or of condemning and nailing up tho bridge. A- feasible plan pro posed is to hive the B. & M. railroad bridge planked and used as a wagen bridge, some thing that it is said can be arranged for. Found Dead In Barnyard. BEATRICE, Neb., Nov. 20. (Special Tel egram.) The dead body of John Krapp, a. prominent Germsn farmer residing three miles southeast of Cortland, was found In the barnyard on his farm last night. Coronor Walden was notified and went to Cortland ti.ls rooming. Upon examina tion, he pronounced the man's death due to appolexy. No Inquest was held. Deceased wss a bschelor, 67 years of age, and had realded In that locality for thirty-five years. Developing Marble Qaarrles. HUMBOLDT. Neb., Nov. 20. (Special.) Judge E. A. Tucker left this afternoon for California to look after the Interests of the Sky Blue Marble company, of which he Is president, and will be absent for veral months. The auarriea are located I near Riverside and are being developed the meeting by the Young Women's Chris tian association. At the regular meeting of the Visiting Nurses' association, held in the parlors of the Paxton hotel on Thursday afternoon, the finances of the organization, which have recently been low, were reported in a much more satisfactory condition, though there is not yet sufficient money in sight to rsrfy the work through the yesr. The superintendent of nursea reported flfty.-one patients during the last month, three deaths, four sent to hospitals and two sent away to friends. There have been in all 498 visits made and four special nurses required. A special meeting of the board of direc tors has been called for next Tuesday aft ernoon at 1 o'clock at the home of Miss Louise McPherson, 701 Psrk avenue. The Woman's chib resllzed about $50 from Its lecture on Monday evening for the 'benefit of the Young Women's Christian association building. At the meeting of the Household Eco nomics department on Thursday morning it was decided that instead of using the philanthropic fund for industrial work at the mission for the educstlon of some child, ss was tslked for a time. It shall be given to the building fund of the Young Women's Christian association. The money is being raised by giving kenslng tons the alternate week of the club, each member attending paying tea cents. On account of Thankaglvlng the next kenslng ton will be held in the esst club parlor on Saturday afternoon. There was a re view of the various magszlnes pertaining to domestic science and the reading of the regular lesson. The revision and adoption of a new set of rules (or the 014 People's Home was as rapidly as possible, with prospects favorable for an enormous yield of fine marble and onyx. Just prior to his de parture Judge Tucker associated with him self in the law business Mr. Fred Ilawxby. recently of Auburn, who will look after business affairs during the absence of the former. FENCES ON PUBLIC LANDS Some Reasons tor Desiring Removal of Present Obatraetlons to Free Range. MULLEN, Neb., Nov. 19. To the Ed itor of The Bee: I notice that in this morning's Issue of your paper that the secretary of the Commercial club of your city beseeches congress not to enforce the law regarding the removal of fences on government lsnd. He says It will hurt the cattlemen and it does not affect the Irrigation bill, because all the government land Is in the form of sand hills; he slso said he thought It a better plan to lease the land. I beg to state that the gentleman is entirely mistaken. If the fences are re moved stock will do a great deal better. When grazing begins to get short the cat tle won't have to eat It, but can find new grazing, and if a windmill plays out in a pasture the cattle won't have to go with out water, but will find It. Also, In case of a blizzard, which are not Infrequent, and the rancher misses several In bringing them Into the shed. They won't drift into a fence corner to die, but will get on the leeward side of the hills. I could tell him of several hundred of cattle that have been lost In Just this way. Also think of the horses that are ruined every year by getting cut In the barbed wire. And as far as the lease law, that Is the worst thing that could be done for this country. Nine of ten ranchers will say they bad rather lose the fences than to have to lease. Even If It entitles one man to only so many acres, why could not the cattle baron get his men to lease land for him Just the same as he does to file for land for him, land that probably they never see? This Is done to such an extent that unless you're the possessor of a claim right you can't hardly get work. Of course, to keep the fences up Is all right to talk, but I think If the secretary were to come out here for a two or three days' drive and about every mile have to get out and open a barbed wire gate (even on lald-out roads) which would stick his hands or tear his clothes, he'd "holler" for the fences to come down P. D. Q. Yours, C. C. CAMPBELL. C ity Wins Damage Case. PLATTSMOUTH, Neb.. Nov. 20. (Spe cial.) The damage suit brought by Mrs. Anna Kepple against the city of Platts mouth for $2,500 for injuries alleged to have been sustained by falling on a de fective sidewalk, was decided in favor of tho defendant. The next case called was that of Charles F. Wheeler against Ed Donat, a saloon keeper, and his bondsmen, wherein the plaintiff asks damagea In the sum of $9,000. Freight Brakemaa Iajared. HARVARD. Neb. Nov. 20.-(Speclal.) T. A. Wolford, one of the brakemen on frelghttraln 72 on the Burlington was ser iously hurt this morning by being struck by the cars, resulting in the breaking of twe ribs and other Injuries While the In juries is of a serious nature, recovery Is hoped for. Woman Gets No Damages. CAMBRIDGE, Neb., Nov. 20. (Special Telegram.) In the damage case of Mary J. Powell versus the village of Cambridge, which was on trial the past two days at Beaver City, a verdict In favor of the de fendant was-rendered this afternoon Weather Bad for Farmers. GENEVA, Neb., Nov. 20. (Special.) This weather is bad for corn busking and everything else except for ducks and geese, of which there are plenty. HYMENEAL. Glut-Tucker. HUMBOLDT, Neb., Nov. 20. (Special.) Last evening a very pretty wedding took place at the home of Judge and Mrs. E. A. Tucker In the presence of about forty relatives and intimate friends. The con tracting parties were Miss Blanche M., the only daughter of the host and hostess, and Mr. Silas Raymond Gist. The newly wedded pair will be at home in this city after spending a few days on a short wedding tour. FIRE RECORD 1,1 very Barn at Ord. ORD, Neb., Nov. 20. (Special Telegram.) The Scott livery barn here burned this morning. Three horses were killed and all the harness rjid feed destroyed. Loss on barn and contents about $2,000. Mc Mlndes Anderson owned the contents. Fort Worth Has New Road. FORT WORTH, Tex.. Nov. 20. The Inter national & Great Northern has laid the last rail on Its 100-mile extension from Waco. Tex., to this city. The first train entered the city over the line last night. The extension Is considered the most Im portant piece of railroad completed in Texas during the present year. the chief business of Tuesday morning's meeting of the Women's Christian associa tion. The donation party held on Wednesday for the benefit of the Old Peoples' home resulted most satisfactorily for that insti tution. About one thousand large paper bags had been sent out to friends of this home with the request that tbey be filled and returned on Wednesday, snd, the do nation party being an annual occurrence, j the response was most generous. The members of the Women's Christian asso ciation who conduct the home were pres ent all day holding an informal reception for all Tho cared to call and look over the house. But few came during the morning, but all afternoon friends dropped In in gratifying numbers. As a result of the party the home hss a good supply of substantlala for Immediate use and many dainties for the winter. The Thsnksglving gospel meeting of the Young Women's Christian association will be held at 4 o'clock on Sunday afternoon, Miss Ivy Reed to conduct It. The muBlc will be furnished by the Young Women's Christian associstlon quartet. The membership tea to be held on the evening of December 1 is one of the roost pleasant events planned for the Immediate future at least. In addition to the tea the membership committee has planned a bright program. Miss Tirknow ts to read and Miss Ferguson will spesk of the new building. There will be music by the quartet. Rev. Small gave the laat of his series of talks to the young women at M. E. Smith's factory oa Monday. Miss Edith Tobltt will review the "Merchant of Ven ice" before the Margaret Fuller liter ary at South Branch on Tuesday evening, November 24. There will also be special nulls. Improves With Age Jap Rose is so pure that the older it gets the better. And its odor is the perfume of natural flowers refreshing, delightful. sipKo JJ (mass aaaal Soap The result of a lifetime spent in the science of soap-making. No other soap is so pure, so transparent, so soothing, so agreeable. JAMES S. KIRK tc COMPANY, CHICAGO WfiifA DnCCI'in t-undry SoP Wrappers exchanged TV 111 IV lUAUlx for ROOSEVELT BOUND FOR HOME When He Awakes Train is in the Tennessee Mountains. AMUSING INCIDENT OCCURS AT MEMPHIS Local Character Presents President Box of Roses and Charges Him to Give Them to Saperlor Of ficer, Mrs. Roosevelt. STEVENSON, Ala., Nov. 20. President Roosevelt and his party passed through Stevenson, forty miles west of Chat tanooga, at 1:15 this morning. The train will go straight through to Washington without stopping except to change locomo tives and train crews. The entire distance will be traveled over the tracks of the Southern railway. The train will reach Washington at 8 o'clock tomorrow morning. CHATTANOOGA, Tenn., Nov. 20. When the president awoke this morning bis spe cial train was in the mountains of East Tennessee homeward bound. The train had Just stopped for water at Stevenson, a small place, forty miles west of Chat tanooga, and the school children and half the population were at the station. The president heard their calls and came out of bis state room in his stocking feet to say good morning. An amusing Incident occurred at Memphis last night. Just before the train left. Peter Tracy, ne of the local characters of Mem phis, who had followed the president's car riage all day, set off a lot of red fire in the station, and when the Illumination was at its height presented the president with a box of roses. "Take these to the White House." said he, "and give them to your superior officer, Mrs. Roosevelt." The president laughed heartily and prom ised to do so. The train reached Chat tanooga at 9:40 and stopped flve.mlnutea to change engines. There was quite a crowd at the station. The president left the train and shook handa with a number of friends who were there to greet him. KNOXVILLE. Tenn.. Nov. 20. The presi dent' train arrived here at 1 o'clock this afternoon and depsrted five minutes later. Several hundred people were at the station to greet the president. DEATH RECORD. Judge Jabes Sutherland. SALT LAKE CITY. Nov. 20. Judge Jabei G. Sutherland, formerly one of the. most prominent lawyers of Utah and author of several standard works of law, is dead In Berkley, Cat., after a long illness, aged 77. He was a member of the constitutional convention of Michigan In 1850, a member of the Michigan state legislature in 1860 and for seven years circuit Judge of the Tenth district of that state. He also served as congressman In the Forty-second con gress. Judge Sutherland came to Utah In 1873. Mother of Attorney General Mallan. FORT DODGE. Ia., Nov. 20. (Special Telegram.) Mrs. Mullan, mother of Attor ney General C. W. Mullen of Waterloo, died today at Pomeroy at the home of ber son, M. F. Mullan, where she wss visiting. Pneumonia was the cause of her death. Mrs. Mullan was 85 years old. She leaves four sons, C. W. Mullan of Waterloo, M. F. Mullan, druggist at Pomeroy; Henry Mul lan of Sioux City, an Illinois Central con ductor, and John Mullan of this city, an engineer for the same road. Thomas C. Hendrys. Thomas C. Hendryx, an old-time resident of Sarpy county, having settled there In 1861, died at his residence, 2218 Spruce street, in this city, at 8:30 o'clock Wednes day night. The funeral will occur Friday morning from the Calvary Baptist church. of which deceased was a deacon. The Inter ment will occur at Bellevue cemetery. Mr. Hendryx was well known throughout the county and besides a family leavea a large circle of friends to mourn bla death. Father Qalnlaa of Starves. STURGIS, S. D., Nov. 20. (Special.) Rev. Father Qulnlan of St. Aloyslus church of this city, aged nearly 80 years, died valuable premiums, at our store, tAIC RADNI1M RTDPFT. HI Monday morning at about 12:30. The funeral was held yesterday at 10:30, Inter ment occurring in the Catholic cemetery. Father Qulnlan has been a resident of thi city for the psst ten years and was well liked by all who knew htm. Major Robert Walawrliht, WASHINGTON. Nov. 20. The War de partment has been advised by Genera Davis, commanding the Division of the Phlllplne Islands, of the death of Majoi Robert P. P. Walnwright, Fifth cavalry, at Manila on November 19, of cardiac embol ism. Major Walnwright graduated from the military academy on June 16, 18TS. Fnaeral of Mrs. Ticker. GENEVA, Neb., Nov. 20. (Special. ) The funeral of Mrs. A. Tucker, who died Wednesday morning, was held this after noon from the residence of her granddaugh ter, Mrs. Bradley, where she had been mak ing her home. Mrs. Tucker was over t) years old and had made her home In G?neva for over twenty years. Joseph Sterling;. NEW YORK, Nov. 20. Joseph Sterling of the firm of Grossbeck ft Sterling, bankers and brokers, died todsy at his home - In Mamaroneck. Mr. Sterling hsd been a member of the Stock exchange since 1877. Wright wrongs no man. Wnt'nrs old fashioned buckwheat flour Is mire. FORECAST OF THE WEATHER Fair Today In Nebraska and Iowa and Warmer la Some Parts. Washington, Nov. 20.- Forecast: For Nebraska. South Dakota and North Dakota Fair and warmer Friday; Saturday fair. For Iowa Fair Friday and Saturday. For Illinois Fair Friday and Saturday, except probably rain Saturday In south portions; fresh north to northeast winds along lake. For Montana Fair Friday and Saturday. For Wyoming Generally fair Friday and Saturday. For Colorado Snow Friday; Saturday fair. For Missouri Fair Friday, cooler In west portion; Saturday Increased cloudiness probably rain In southern portion. For Kansas Fair Friday except showers in south portion, cooler in southeast por tion; Saturday showers. Local Record. , OFFICE OF THE WEATHER BUREAl". OMAHA, Nov. 20. Official record of tem perature and precipitation compared with the corresponding day of the last three years: 1902. 1901. 1900. 189. Maximum temperature.... 55 62 31 US Minimum temperature.... 44 ?a 18 Si Mean temperature 48 118 24 Precipitation T .00 .02 . 20 Record of temperature and precipitation at Omaha for this day and since March 1, 1902: Normal temperature "2 Excess for tho day 14 Total excess since March 1... -H Normal precipitation 03 inch Deficiency for the day M men Total rainfall since March 1 2.W Inches Deficiency since March 1 2.04 Inches Deficiency for cor. period. 1901.... 6.62 Inches Excess for cor. period, 1900 "t inch Reports from Stations at T P. M. si f I I CONDITION OF THE : ? B - WEATHER. : S : S" : : a : m : 9 : : : ; -i -. , . Omaha, cloudy 44 55 T 32! 33j . 44' .11 32 40' .00 l 2j .00 32' 30: .(10 34 ! .00 2H! SO .i M: 58 601 Ml .00 441 4S .00 64 61 .00 6 m .of 38; 40 . 241 31 .(j Valentine, clear North Platte, clear Cheyenne, clear Salt Lake City, cloudy..., Kapid City, clear Huron, cloudy Wllllston, clear Chicago, cloudy St. lxuls, clear St. Paul, cloudy Davenport, dloudy Kansas City, part cloudy.. Havre, part cloudy Helena, clear Bismarck, clear Galveston, cloudy 24 28 72 74 T indicates trace of precipitation. I A. WELSH. Local Forecaat Offlclal. Ths World's Cure for COnSTIPATsO Nstarsl Laxative Miami Water. It is the Best sad Safest rented y for disordered stomach, biliousness and liver trouble, and It Cut OaMlpsiioa. Drink one half glassful on arising la the morn Ins and you will feel the remarkable and agreeable eOecls ia a short Usae. Alwarf a.sk for rW-vaHt JANOi (full Nana). Uyaa eism?' for Hunyadl WtUr anas' te laanea4 saaas. Bottle bas Blue label with red center.