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TIIR OMAtlA DAILY HEE: TUESDAY. MAKCTl 1, 1004.
r IES FROM BLOWS OF CLUB Geo-g O'Hei 1, Who Scuffled with Officer Msa.f, is Dead. POLICEMAN STATES HIS SIDE OF CASE r Tito Tsing Mea Attempted t Take 1IU dab aad ll , Was Forced ( Df W (ease. Ocorite O'Neill, the youn man who wu Injured on the head while being arrested at an early hour Sunday mornlnc, died on the operating table at Bt. Joseph's h'pltal about 10 a. m. yesterday. The Injurel riinn prrew worse during Sunday night, the occasional lucid Interval! becoming lens fre quent, and thin morning but llitle hope was held .for hie recovery. He Wan taken to St. Joseph's hospital with the hope that ponslhly an operation to remove the hHol clot that had formed near the bra n would ive hie life, but even that hope proved futUe. Officer Moore with whom O'Neill had the euffl haa been suspended from the police force and Is under arrest, to be held pend ing action by the coroner's Jury aid the tounty attorney. Tha young man was 1 years of age, bed lived In and around Omaha nearly all his life and was well known. He had been living with his parents at Florence and hd worked for John Husste, 2407 Cuming street, nd In the stove department at lis j del Uros. His sleter, Mrs. J. W. McQlnnls. lives at 3510 Bristol atreet, whence he was taken Sunday after being attended by the Police surgeons. it Is said by those who have known the young man for years that he seldom was the worse for Intoxicants, and his mother stated Saturday evening that b.3 had but little, money with him and she thought he was led to the extreme to which It Is said he went. Moore's Statement of Case. In, his report to Chief of Police Donahue Officer Moore said: "About I o'clock Sunday morning I no ticed two young men going Into Keatlng's saloon and I followed them Into the place and questioned them regarding their move ments at that time of the morning. Fred Hush turned to his companion and said: Don't :! that anything.' Then turning to me he said: 'I've licked etter bulls than you." Then Bush made a lunge for me, and his partner tried to take my club. In the scuffle that followed the screen mirror was broken,' and I think Bush's head was hurt from contact with tha glass. I arretted Bush for being drunk, dlsurdor'.y and resisting an officer. At the patrol box he threatened me with a razor, the other fellow got away." O'Neill's body has been removed to the coroner's office where an Inquest will be helq today at 2:30 p. m. Announcements of the Theaters. ' Choice seats are still obtnlnuble at the Krug theater box office for Mr. Fluke's engagement Wednesday night. Mrs. Flake has In her supporting company this sea Bon two leading men Hoburt Bosworth ' and Vaughan Ulaser. Both ere players of tried and proven ability, and they have roles of practically equal Importance In 'Mary of Magdala." Mr. Bosworth has fllled leading roles In support of Henrietta Crosman, Julia Marlowe and other stars, and recently won success In the leading male role In "Marta of the Lowlands." Mr. Qlsser Is best known perhaps for his excellent work as leading man with Mrs. Patrick Campbell. . Thg -sale-of seats opened yesterday for the engagement of Weber & Fields and their oll-e'ar company at the Krug thea ter Thursday and Friday nights. The de mand waa heavy, but as the engagement la for two nights many of the best seats In the house are still available. The com pany comes here direct from the most re ( markable theatrical engagement In the his tory of Son Francisco. The Weberfleldlans - played at the Grand Opera house, Ann Francisco, and the receipts for the en gagement of two weeks reached $(3,000, which Is capacity business, a feat never ! before duplicated on the Pacific slope. San Francisco took the Weber-Fields Co. to Its heart as warmly as did Its home city, New fork'. The bill for the Omaha en gagement will bo the same as It was In New York and Sin Francisco, namely, "Whoop Dee Doo" and the burlesque, "Catherine." NOW IS THU TIME To Visit Hot Springs, Arkansas, Via tke Iron Mountain Rant. The reason at the Oreat National Health nd Pleasure resort Is now In full blast. Climate unsurpassed. Hot Springs Special leaves St. Louis dally at i:20 p. m., making the run In less than twelve hours. Three other fast traln-j dally. Handsome de scriptive literature can be obtained free by calling on or addressing T. F. Oodfrey, City P'issenger and Ticket Agent, 8. E. Cor. ltlh and Douglas Bt., Omaha, Neb. Jadare Vlasoahater Hero vers. Judge Vlnsonhaler waa present at the county court room Monday morning for the first time In nearly two weeks, having been Great articles and charming short stories make the March number of MCCLURE'S MAGAZINE, . "the best at any price99' Thomas Nelson Page Sympathizes with the South and knows what he is talking about, in the first of a great series of articles on the Negro Problem CALEB POWERS -. POLITICAL MARTYR Samuel Hopkins Adams tells the incredible story of Caleb Powers, who now lies in ,a Louisville jail sentenced to death as an ac complice ii the murder of Goebel justice overthrown by partizan politics. tss A COFY S1.SS FOR A YXAK-S SUBSCRIPTION. GET StcCLUgg FROM AMY MEWBOIALSR. afcCLURB AOglfT, OR FROM THS PUBLISH EM. S. B. MoCLURS COMPANY. 1I BART SSta RTRBaTT, NEW YORK confined to his home with a severe attack of the grip. He Is not yet fullv recovered and will dvnte his time for a dny or two to attending to the minor details of his office rut her than to the regular routine of court work. Sorrow! Sorrow! lorronl Ht. Andrews Preceptory No. 1 will hold Kadosh service over the remains of our lnte Bro. . Willard Westergard In their Asylum on Tiit-edsy evening. March lt, 104. at 10:80 p. m. Brethren of the Ancient and Accepted Seottlnh Rite and their friends are cordially Invited to attend. Doors will not be opened until 10 p. m. and clos(Vl promptly at 10:30 p. m., after which time there will be no admittance. No cards of admission. W. S. Bl'MMERS, Preceptor. 8. ROPER CRICK MORE. Recorder. Covert l.oilae o. II, A. P. and A. M. Brothers: You are requested to be at lodge hall on Wednesday, March J, at l:Sn p. m., to nttond the funeral of our de ceased brother, Willard Westergard. A general attendance la desired. FRANK W. BOYER, W. M. Attest: EBEN K. LONG. Secretary. Card of Thank. We wish to extend our heartfelt thanks U the many friends and nrlghbnrs and also Sheep Butchers' Union, No. .W, for their kindness and sympathy during the Illness and death of our beloved son and brother, Joseph Irwin. MRS. A. IRWIN, JENNIE IRWIN, JOHN IRWIN, THOMAS IRWIN. Hnmoaeelf era nu . ( titwntsta. Tuesday, March 1, the Missouri Paclflo railway will sell both one Way and round trip tickets at very low rstes to certain points In Kansas, Arkansas, Oklahoma, southwest Missouri. Texas, etc. On the round trips stopovers will be allowed on the going Journey, with final limit of twenty-one days to make tha trip. For pamphlets, time tsblee, rates, etc., write or call on any agent of the company, or Thomas F. Oodfrey, passenger and ticket rfgeot, southeast corner Fourteenth and Douglas streets, Omaha, Neb. M.-.sunte. Regular meeting of Nebraska lodge No. 1. A. F. and A. M. Tuesday evening, March 1st, at 7:30. Work In F. C. degree. GEORGE A. DAY, W. M. W. C. McLEAN, Sec. I sterling teaspoons, $3.20. Edholm, Jwl'r. Railway Xotea and Personals. E. W. Nash and family arrived home from an eastern trip Saturday evening. Louis Belndorff, traveling passenger agent of the I'nlon Pacific, has gone west. A. K. Curts, traveling passenger aitent of the Union Pacific, has returned from a trip north. H. A. Perkins, commercial ngent of the Rock Inland, Is unable to be at his office on account of sickness. W. M. Walker, telegraphy operator In the city offices of the Rock Island, Is confined to his home by sfckncHH. He is suffering with typhoid fever. E. C. Griffin, general ag-ont of the freight department of the Northwestern, returned from Chicago. George F. Thomas, general agent of the Chicago Great Weatern, has gone to Bt. Paul to confer with President Stlckney. A call for a meeting of the Western Pas senger association haa been issued for March S. The meeting will be held In Chicago. W. A. Deuel, superintendent of the Ne braska division, Charles Ware, assistant to Mr. Deuel, and E. Buckingham, super intendent of car service of the Union Pa cific, returned from a tour of Inspection Sunday evening. It Is understood there will be extensive changes made In the passenger schedule of the I'nlon Pacific shortly after the re turn of General Manager W. II. Bftncroft from his conference with President Harrl man in New York. The Northwestern has leased an entire floor In the Pioneer Press building at St. Paol and Will open general western-offices In that city. All of the business In the west and northwest. It Is said, will be handled from the St. Paul offices when they are In running order. J. M. Gruber, general superintendent of tire I'nlon Pacific, returned from an In spection of the Kansas lines of the com pany. Monday. He was accompanied by his family who will take up their resi dence here. Mr. Gruber spent the fore noon Iq search of a residence. PERSONAL PARAGRAPHS. Edward Blgnell of Lincoln, Is an Omaha visitor, registered at the Paxton. Mr. Bd B. Williams and his son, Ed B. Jr., leave tonight for New Orleans and the south. C. E. Bannus of Alva, O. T., and Mrs. G. G. Palmer of Fort Crook, are at the Millard. Mrs. Herman Kountso haa returned from the east where she has been In attendance at the funeral of her mother. G. W. Wattles, president of the grain excange, and Mrs. Wattles left Saturday evening for a trip to Florida, where they will remain some time. L. Dlers of Humphrey, W. A. Faxon of Hastings, O. R. Klock of Lincoln, Mr. and Mrs. A. L. Field of Fllley, and John M. Ragon of Hastings, are at the Murray. R. E. Phillips of Lincoln. C. E. Hutchln. son of Onion Oregon; M. V., Sheldon of McCook. Phillip Uarretson of Denver A. Bear of Norfolk and T. J. Hale of Battle Creek, are at the Paxton. Fred Nnsh 2d and wife came back from New York Saturday evening. Mr. Nash has been In the esst for his health, which. It Is said, is very little improved. He will live In a short time for Excelsior Springs, Mo to see if the watere there will benefit hlin. ( J. O. Thompson 'of Alma. Georce M. Adams of Stanford, A. J. Baldwin of menu, f . a. least or nyannis, E. l Wlthnell of Colorado Springs F. B. Davis of Lincoln, J. G. Garmon of Pender, and F. Knlehard of Rising City, are at the Merchants. . The Troubles o! (he Trust Ida M. TarbeU tells how the Standard Oil was accused of buying Payne's seat in the Senate. Mr. Rockefel ler's reply was silence LOCAL ASSESSORS NOT IN IT Douflti County Hen Not Parties to 8. horns to Evicts Law. PREFER THE FULL VALUATION SYSTEM Before Passage of Heveaae Bill tbe Ioral Assessors Gat Together ia Favor of This Basis. The county assessors, so far as the city of Omaha Is concerned, are not a bit wor ried over the embarrassment that other men holding like official positions In d'ffer ent parts of the state seem to be getting themselves Into by participation In a scheme to get around the provisions of the new revenue law 1 The plan. In brief. Is that an assessment of the taxes shall be made on a valuation of the property to be agreed upon by the assessors, while the liw la that the assess ment shall be made upon the basis of the actual cash value of the property. The aa sessora In a dozen counties In this part of the state are said to be Implicated In the making of this arrangement and are so much In earnest about It that a meeting has been called for today at Norfolk to consider the question. The reason for the lack of any apprehen sion of the consequences of this meeting on the part of the local assessors Is that they are not In It or party to It In any way, for before the revenue law as now In force was enacted they had adopted the plan of assessing the taxes upon the real valuation of property, aa the law later made obliga tory. In speaking of this matter County Treasurer Fink said: Commends t'alform System. "There could be no doubt as to the ad vantage that would accrue from a uniform system of assessment at actual valuation throughout the county. "S'tiere there Is a lack of uniformity In this agard. If one assessor makes too low an appraisal, It es tablishes a standard for others that It Is hard to explain or get around, and that mixes things up generally, while If the assessment were made at the actual valua tion It would not only simplify things, but would reduce the levy from 22 8-10 mills, the present llgure In this county today, to 4 air 5 mills. This would look well to outside capital and Interests, If nothing more." Mr. Fink 'incidentally expressed himself very stroaly In favor of the Imposing of a poll tax In this state, as Is dons In many others, and the exemption from taxation of perhaps $200 worh of personal property. Under the present system there are In the Sixth ward. In this city, for instance, ap proximately 8,000 people assessed at from U to 35 cents each, and when It Is consid ered that these assessments have to go through a dozen processes before they are collected and then more than half of them are lost It is more trouble and costs more than the whole thing amounts to. Under the present law, 10.000 names could be erased from the tax list and not have It make $5,0u0 difference In the tax receipts. GLAD TO SEEJTHE POLES GO Ctvle I.rngnc People Gratified at Progress BelnsT Made Under Their Direction. The Civic Improvement league Is pleased with the progress made In extracting use less poles from the city streets. At the noon meeting Monday In the Board of Trade building the committee which has been acting is the advance guard In the Im provement campaign reported .that- every one, even the owners of the poles, seemed glad to co-operate with the league and offered every assistance and made good promises. The street cleaning problem will be the next to receive the attention of the league and City Engineer Rosewater was Invited to be present at the next meeting Monday and talk on street cleaning. The rally which waa Intended for the early days of March will not take place before the middle of the month. E. O. Rautzahn, the national organizer, will then be present and will Illustrate his Improve ment talk with 200 slides. The legislative committee was Instructed to have drawn up an ordinance for tree planting and street parking, similar to that In force In Minneapolis and other cltlea. The street sign hoppers were condemned. The committee having the formation of Junior leagues in the schools reported favorably. The committee on membership and organization showed that members are coming at a very satisfactory pace. A committee of three was authorized to compile Information for the public. The league desires a war cry or yell which shall be the slogen of the Omaha citxen bent on improvement. Suggestions are asked. The regular meeting of the Central Federation of Improvement clubs will be held at the council committee room city hall building, Monday evening March T. THE WIlO.G DIAGNOSIS. Prompt (be Use of Worthless Remedies. Even an experienced physician will some times make a mistake In diagnosis. In which event his entire treatment is wasted and may even be Injurious to the patient. The advocates of all other hair restora tives save Herplcide have wrongly diag nosed the cause of dandruff and falling hair. They figure en a functional disease, whereas It Is now known and generally ac cepted that hair loss Is due to a parasitic germ which Newbro's Herplcide destroys. There Is no substitute for Herplcide, ac cept none. Sold by leading druggists. Send 10c In stamps for sample to The Herplcide Co., Detroit, Mich. Sherman at McConnell Drug Co,, special agents. TO SOLVE GARBAGE PROBLEM Advisory Board Friday Will Sift Nameroas Propositions Sub mitted on that Matter. Numerous propositions for the hauling and disposing of. garbage, manure and other waste matter will be submitted to the Ad visory board Friday, according to Secretary Cobum. Inquiries concerning the advertise ment calling for a variety of proposals have been coming Into the office and the ptomljo Is for active competition. The effort Is more to- determine the cheapest and best plan for solving the garbage question than to let a contract, yet tha latter. It Is said, may be made after the board and council consider the propositions. TALKS FOR SCAVENGER LAW City Attorney Wrtsht Goes to Llnrola to Arano Before Supremo Court. City Attorney Wright will go to Lincoln today to argue In tha supreme court for the "scavenger law" and against the so caJled Mlckey-Ager delinquent tax law. The city wants to put the former In effact to clear up the old taxes on the books, while It la opposed to the latter measure on the grounds that It will cause the loss of much money to the municipality. The case concerning tha "scavvnzar law" ta merely to tost Its validity awl Laa faeonj brought with the cognizance of tha city legal department. MORMONS GO TO WASHINGTON President Smith and Others Prepared to Testify In Herd moot Xen r.te Inqnlry. Trerldent J.-scph F. Smith of the Mormon church, Apostle Francis M. Lyan, Andrew Jensen, the ehurch historian; Hiram Smith and six other elders In the Mormon church passed through Omaha yesterday enmute rrom Salt Ike Cliy to Washington, where they will testify before the subcommittee of the senate committee on elections and privileges in the Reed 8moot investigation. They arrived over, the I'nlon Paclllc and left over the Northwestern for Chicago, where they will take tha Baltimore & Ohio for Washington. President Smith and his associates de clined to he Interviewed on the purpose of tJielr mission or any phase of the Mor mon question. Vet Information enme from the president, indirectly, that he and his church were prepared for a searching In quiry Into the present status of polygamy and polygamous cohabitation In Utah, upon which rests the fate of their church man as a member of the United States senate. What He Made. A professor who waa easily Irritated con ducted the clinic of nervous diseases at a medical college, Chicago. Remarking about the Influence of occupation upon nervous conditions, he Illustrated by a patient, an awkward Swede, requesting him to be brief and accurate In his replies, as both teacher and students were tired out and time lim ited. "Now, ult, what do you do?" ho com menced. "Aw am not vera well." V "No! I say, what do you do?" "Oh, yns. Aw verk." "Yes. I know; but what kind of work?" "Oh, eet ees hard verk." "Yes, but do you shovel, drive a car, work at a machine, or do" "Oh yas. Aw verk at a mashcen." "Aht What kind of a machine?" "Oh eet ees a big masheen." By this time the class was grinning broadly, which caused the professor to be angry, and ho said: . "Now, look here, sir; I want no more of this. You answer the questions I ask you or go homo. What do you make on this machine?"- , "Oh, now Aw understan' yo'. Yo' vant to know vat Aw mak on he mnsheen. Aw mak 17 cents an hour." Philadelphia Led ger. Notes from Army Headquarters. Privates First Class L. F. Metzger and Benjamin D. Hicks, hospital corps nt Fort Riley, have been transferred to Fort Meade, S. D. Flrst-ClHss Private II. S. Cox, hns pltal corps, had been ordered transferred from Fort Meade, 8. D., to Fort D. A. Rus eell. Wyo. Second Lieutenant Orson L. Earlv. E'gfith cavalry, has been relieved nn a member of the general court-martial convened at Fort Riley, and First ..Lieutenant Clarence Deems, Jr., artillery corps, has been de tailed to succeed the former as a member of the court. Second Lieutenant Josenh H'vthe, Twenty-fifth infantry. Fort Niobrara, Neb., has been detailed Inspector of beef cattle during the remaining portion of the flsrnl year. 19W4, at the Rosebud Indian asency. vice Second Lieutenant Ned M. Gretn. Twenty-fifth Infantry, relieved. The unexpired portions of the sentences of confinement of late Privates Frank Mays, Troop E. Foarth cavalry; Ja-rea Simmons, Troop D, Twelfth cavalry; Charles J, Way. Thirteenth battery, field artillery, and Albert- H. Troupe, Company I Sixth Infantry, have been ordered re mitted by Brigadier - General Wlnt. com manding the Department of the Missouri. Orders hHve been Issued from army head quarters for the payment of troops In the Department of the Mlgsourl for the month of March as follows':' Major J. A. Watrous will -pay the I rop, u For t Des Moines; Captain John R. Lynch will make payment at Forts Washakie1 and Mackenzie, and Captain Brad I). Blauahter will make pay ments at Fprts Niobrara and Robinson, Neb., and at Fort Meade, B. D. Mortality Statistics. The following births and deaths have been reported to the Board of Health dur ing the forty-eight hours ending at noon Monday: Births M. D. Albrecht, 2727 Chicago, girl; Christ Partsch, 3tl South Fifteenth, girl; Charles E. Willlumson, 610 Woolworth avenue, boy; A. C. Heunlng, 2332 Poppleton avenue, boy; A. C. Heunlng, 2332 Poppleton Fifteenth, boy; William HyBlop, 3182 Fow ler, girl. Deaths Hans Frederlekson, 41! South Twentieth, 49Chrlsttan Hansen, 2225 North Sixteenth. Lizzie H. Bay. 958 North Twenty-seventh avenue, 42; Thomas O. Olsen, 2iWfi North Thirty-third, 9 months; John Klmmell, 1613 Leavenworth, 66: Alice Sham blln. 621 North Sixteenth, 17; Ada May Chapman. 2228 South Sixth, 2 months; V. C. Smith, county hospital, 62. D1K1H 0"NEILL George, aged IS, Mond.iv morn ing, February 29, at St. Jpseph'a hos pital. ' Funeral Wednesday morning at 9 o'clock from resilience. 2110 Bristol, to Sacred Heart church. Interment at Holy Sepulcher. LOCAL BREVITIES Erneat J. Schroeder of Osmond. Pierce county, filed his voluntary petition In bank ruptcy In the United Btntes district court this morning. His liabilities are scheduled at $4,360.50, and his assets at J3.4S3. 9 hi A Drominent club woman. Mrs. Danforth, of St Joseph, Mich., tells how she was cured of falling of the womb and its accompanying pains and misery by Lydia E. Pinkham's Vegetable Compound. " Dba a Mb. PunUUs : Life looks dark, indeed when & woman feels that her strength Is fading away and she haa no hopes of ever being restored. Such was my feeling a few months ago when I waa advised that my poor health waa caused by prolapsus or falling of the womb. The wordg sounded like a knell to me, I felt that my sun bad set ; but Lydia E. Pinkham'g Vege table Compound came to me as an elixir of life ; it restored the lost forces and built me np until my good health returned to me. For four months I took the medicine daily, and each dose added health and strength. I am so thankful for the help I obtained through its use." Mrs. Flobenck Da.vfobtii, 1007 Miles Ave., St. Joseph, Mich. tWOO forftit If orllmil of aeous tatttr prtoinf nullum saiwot as mn4tic4. "FKEE MEDICAL ADVICE TO WOMEN." Women would save tims and much fiU-knex if they would write to Mm. l'lukhatu fortxdvice aa soon an any dlstreasini; vmp tonia appear. It is free, anil has put thousands of women vu til xitfkt retvd to recover. 21 SUPREME COURT SYLLABI. 13174. Clancy agnlnst Ilarkor. Error from I'ouglas. Reversed. Albert, C. lHvislon r. s. 1. In receiving a gticut Into his hotel a hntelkeepcr Impliedly undertakes that such, guest shall b trentcd with due considera tion for his comfort and safety. 2- A trespass committed umii a guest In the liott-l hy a servant of the proprietor, whether actively engaged In the discharge of his duties at the time or not. Is a bresch of such implied undertaking, for which the proprietor is liable in damages. S. It is not within the scope of the au thority of a hire,! manager of a hotel ti t'lnd his employer by admissions concern ing such trespass alter it had been com mitted. 4. When such admissions are made a day after .the trespass, and only remotely con nected therewith, they are not admissible In evidence ns a part of the res gestae. 131.5. Hllilile ng.ilnst Furmin. Krror from Saline. Reversed. Ulanrllle, C. IMvlslon No. . An order of a county court refusing nn application to file a claim against an es tate, because presented after the exnlra ,? of,the time allowed for presenting claims. Is a final order from which an ap-P-l to the district court will lie. .n,.I ,ne ,,me tor presenting claims was published prior to making the order fixing such time. Held, that claimant Is entitled to an order allowing her clnlm to be filed "nd directing a hearing thereon. 5. Held, also, that such an order Is clearly Justilled by the evidence. 4. In a hearing upon surh an appeal, neither party Is entitled to a Jury trial. 6. A Judgment of the district court upon such an appeal remanding the cause to the county court with direction to "permit the filing pf the claim and to set a day for hearing, and to proceed to hear and" pass upon the same," Is not the proper judgment but a hearing In the district court on such claim should be had In the same manner as though the appeal had been from an order disallowing the claim upon hearing Omaha Gas Compnny against South Omaha. Krror from Douglas. Affirmed. Klrkpatrlck, C. division No. 3 1. Petition examined and held, not sub ject to domurrer upon the ground of im proper Joindure of causes of action. 2. In an action by a city against a gas company upon a bond given by the latter Jo Indemnify the city against loss through the recovery against the city for injuries occasioned by open trenches dug by the company, the execution and delivery of the bond was admitted, and the evidence established the recovery of a Judgment agnlnst the city for a personal Injury re sulting from an open trench dug by the company. Held, that there was a liability against the company on the bond, and that the city was entitled to Judgment. Held, further, that evidence of the presence or absence of negligence of either the com pany or the city as related to the Jury was Immaterial. . 3. Instruction examined and held, prop erly refused. UW. Falksen against Falls Cltv State Bank. Krror from Itlchardaon. Afllrmed. Ames, C. Division No. 1. 1. An agent who, In good faith and with out negligence, nets "upon his own under standing of faulty or ambiguous Instruc tions, la not liable In damages to his prin cipal, although his interpretation of them may be erroneous. lam Maurer against State ex rel Gage Count. Krror from Oage. Reversed and dismissed. Ames. C. Division No. 1. 1. hen one whose term as a public offi cer bait expired hns made full, complete and truthful report of the public moneys which came into his htinda during his In cumbency, and of the disposition which he has made of them, but retains some of them under a claim of right alleged to be unlawful, mandamus is not a proper action by which to litigate the claim 1.TO7. Ooodwln nfT.iinst Harris Krror from Douglas. Reversed. Hastings, C. Division No. 1. 1. In the absence ot a statute providing otherwise, unless such demand Is waiv"dl nttonpa,ntrk frf'tUre ot the ", no wol snuchhi5ernedhe,d ( COnta,n 3. The amendatory act to section 1020 of YOU CAN For 75 Cents a Woek and the " """SiBHBSMSBMSIBMBBMBSWBBBa. Rental Hay Be Applied on the Purchase Our offer Is so very reasonable that every one Interested at all may easily secure a sewing machine. With tho Introduction of the eewlng machine Into the home comes the ability to make In tapestry 100 Different Beautiful Designs Think what that means In the way of beautifying your home. FREE INSTRUCTIONS DAILY AT OUR STORE. ' Positively the Last Week NEBRASKA CYCLE CO, WE ARE THE LARGEST DEALERS IN SEWINCJ MACHINES IN THE WEST. GREAT BARGAIN'S IN NEW AND SECOND-HAND SEWING MACHINES. CEO. K. MICKEI,, Mar ICth & Harnejr streets Tel. 1MKI. ' 4112 K St., South Omaha, B-way, to. Ill air. 8 Orchard & Wilhelm Carpet Company. THE BIG SAMPLE FURNITURE SALE ia on. Hundreds of bargains are here for your inspection. Never before have we had bucLi a brilliant arra'y of em phatic samples, consisting of five manufacturers' entire furniture bample lines. Dressers and Chiffoniers A New York manufacturer's entire Grand Kuplds sample line of these pretty piece. In ipiUlrn oak, bird's ee mapie, curly birch and mahogany, which are nn saJe at about one-third to one-fourth less than retrular. lir.Rstrs In tills vule at tU.SU up to m .ui. Chiffoniers In this salo at lo.&J up to $:il.5o. Hall Racks and Mirrors A Michigan manufacturer's entire sample line of Hanging and Standing Hal Racks. In this sale Standing Hall Racks at $22 .50 up. Hanging Hall Mirrors, t.'.Du up to 112.75. A saving uf at least one-third from regular. Sideboards A Miourl manufacturer's entire sample lino of Slde I boards In this bin sale at a avinar of at least one-third. Selling prices in this Bale 127.60 to t3j.50. C. H. FREDERICK CO. 1504 FARNAM STREET. $3.00, $4.00 AND $5.00 HATS Agents (or the D U.N LAP anil STETSON. Complete New Stock of Furnishing- Ooodg. Traveling and 5ulU Cases. the Clvtl code of 1T7&, providing for de mand of rent and foifeitiire at any time after default, held unconstitutional ns not properly entitled snd not repealing the section sought to ! smrnded and leaving the common law requirement of demand on the rent day in force until the cura tive set of lm WIS. Oakes against 7-rlmer. Appeal from Lancaster. Afhrmed. Hastings, C IMvlslon No. I. 1. The dismissal of an application made by a nonresident defendant to open n de cree under the terms of section 8.' of the Code of Civil 1'roeedure for want of notice, when such dismissal la based on defects In the answers tendered, does not bar a new application In which such defects are remedied. t The first dismissal, however, bars An other one on the samn grounds as the first, unless It affirmatively nnDcars from itie I rvcord that such matters were not consid ered on their merits. ' 3. The answer In the present rase held to ' tender no Issue ss to the enistence or the amount of the plaintiff s tax lien. The for mer answer, which was held Insufficient, presented all the facta on which appellant "Thf bct little, friend I hAve . LIEBIG COMPANY EXTRACT OF BEEF USED BYOOOO COOKS CVtYWHKA( ROCK SPRINGS COAL $7.15 Per Ton. Central Coal &CokoCo. NOW RENT A THE USE OP THE MACHINES IS FREE TO YOU. of Our Sewing School. TELL. VS WHAT YOU WANT. WE ARE SURE WE CAN SL'IT YOL SEWING MACHINES TAKEN IN EXCHANGE OF AND PARTS OF ALL MAKES CONSTANTLY ON HAND. Rockers and Fancy Chairs An Ohio manufacturer's entire sam ple Una of Fancy Rockers and Odd Chairs, In mahogany, weathered, goldon and Antwerp oak, wood seat and leather seat. Exceptional values In this sale at KM up to Kl.OO each. Library Tables Undoubtedly the greatest values In Library Tables yet offered. Borne, very choice designs in solid mahogany, at almost 6o per cent loss than regular prices. In this sale prices range from I hnsvs a rlnlni of rtsht to open the decree merely f r the pi:-pFp of redeeming There ru ing nothing in the reccTil to Indicate thst this question was not heard upon Its merits It must le divined settled by tho former dismissal and Us affirmance. I.wiai. Covcv against lienrv. Krror from Howard. Affirmed, rawcrtt, C. Division No. i. 1. A verbal contract with sn agent or broker to sell lend for the owner or to ob tnln a purchaser therefor Is void, I. A fnlluro t- state a eause of action In the petition cannot be cured by averments in tho reply. S Petition examined and held not to state a cause of nrtlon. 1'1I. Chesley against Rocheford Oould. Krror from Douglas. Former decision ad hered to. lMstlngs, C Division No. 1. Vn roporteil. Kvldenco examined and held to sustain the former concl.islon thst plaintiff was a bnr( licensee on the premises where ha was Inlnt'd. who took the risk ot them aa ho found them. 1S-K Wedding ftlngs. Edholm, Jeweler. g-1 .- - . . 1 '.'!. - 1 I Women's Gymnasium Shoes. There hns been a great scarcity of the 11.00 gymnasium shoes but we have Just received, a complete line of sizes In exford style soft kid stock rough turn soles, very flexible can't slip with these shoes. s This Is the very shoe you have ben looking for and nt last we have been tible to get plenty of them. The gymnasium girl will appreciate this 11.00 shoe. DREXEL SHOE CO., 1419 Farnam Strejt. Omaha's U-i3-Di:) Shoo Hoj S5E3RK3 SsBSZ CLOSING OUT -all ocR- Buggies, Carriages and Wagons ' FREDRICKSON Fifteenth and Capitol Ave. Read our special "ad" every Sunday and Wednesday in The Bee. TELEPHONE 431 HI KAHNAM ST. SCRANTON HARD GOAL ALL SIZES. ROCK SPRINGS GOAL CANON CITY NUT GOAL FOR COOK STOVES And many other grades, from cheap Ckt to the best. Nebraska Fuel Co. 1(14 Farnam St. Phone L jpne resg ot Everything 9 The Only Double Track Railway to Chicago The Omaha Chicago Train rr Exeellencs 1 Ko. em$oliii truin madt P in Omuh daily OS 'HUE at 6:50 p. m.t trri. ng Chietgm i:Sa ntxt twrn. tff. Xirv, Jiujfel far, btrbtr, nets btundtrii SUtp r, t'isirC'aii JCvtrytMnj. -City Offices 4401-1403 FARNAM 8T. OMAHA TEL. 2A.R1 Charles F. Krello TIN. htlEliT IRON AND FURNACE WORK, ETC. All Kinds of Furnace and Stove Castings on Hand. 010 I. 13tk SU . Tcleyltwa 3tU 1 II