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THE OMAITA DAITjT 11EE: PATURDAT. MAltCIT IS. 1003.
PIPES PIPES Or- A Bir lot fit ErTur WoorT Pfp, res isor-trd ftofk fmm the larrest munac torer of Briar wood pip la th world, worth 25c 60c, 70c, ens Ice. 15c 75c Bailenb'rg Centers 25c Ratordaj- morning we place on sale 500 beantiful hand made Bat nbnrg Center Pieces, splendid value ? at 75c to rLOO, choice JC limit of two to a customer. nn lOj THE RELIABLE STORE. $2.00 Hand Bags, 79c 15c Pure linen Handkerchiefs, 7 1 at 2C 50c New Neckwear, 25 C OPTICAL DEPARTMENT WHEN YOLK EYES TIKE AND YOUB HEAD ACHES SEE OUIt OlTtCIAN. Correctly Fitted Glasses at Popular Frfce. perfect Satisfaction Guaranteed. Men's Furnishing Bargains SHUTS HOSE in fancy colors, blacks, tana, greys and silk em broidered. A sample line worth up to 39c a pair. Won- ? derfni bargains at, a pair, 12c, 10c and.. aL ME2T8 BHIBTS Over 150 patterns to select from in the cele brated Griffin brand shirts alone. Negligee or pleated bosoms with cuffs attached or detatched, worth up to $2.00. CQp Special Saturday at..... ..- .VJt 50c UNDERWEAR, in spring weights, plain and fancy colors, drawers with double seats, sp xial Saturday, per gar- Z C p merit. ...... ......... vw 50c MEN'S UNDERWEAR, heavy quality, in broken sines, choice Saturday. tJ 50c FOUR IN HAND AND TECK TIES, in newest spring J JJ patterns, special Saturday -jC GREAT SUIT SALE CONTINUES Special Sale on Utica Mills Sheets, Pillow Casing and Sheeting. (Tha prices w are quoting you are leas than mill prices today. TB tltlca MUla Bleached Sheet turn, not cut 72x 00 alse special at 8Se Utica Mills Bleached Sheets torn, not cat 81x' 90 size pedal at 80c Utica Mills Bleached Sheeting yards wide great snap 'J f f special at yard ....jLIaC 27c Utica MUls Bleached Sheeting 2 yards wide greatest yaine f f ever offered, at yard I.2C 37e Utica Mills Unbleached Sheeting 214 yards wide unprecedented bar gain, at Qf yard lyC 25c Utica Mills Unbleached Sheeting 2 yards wide special, at f 1 7C r we guarantee every ono of the above Sheetings, Pillow Cases and Sheefa stamped Utloa Mills. Quantity te limited. Come early Beemless .59c Seamless ..69c 16 Utica Mills Bleached Pillow Cases 42x39 size special I21c 18c Utica Mills Bleached Pillow Oases 46x36 size special at ... 1 5c 2Jc 10e Bleached Muslin, at yard . . 16c India Lawns, at yard 12VjC Apron Lawn 40 mefces Mi wide, at yard ..T2C 6tfc standard Dress CaUcos, ' at yard..... ... JfC 12c Onrtalfl Swiss, 66 Inches n wide, at yard... -iC lOo Kenwood Printed Batista. A a al yard.... ....7....f C 16c Wash Voiles, q 1 at yard OC 12c Madras, Cheviot and yard r wide Percales, at yard OC 10c Swiss Lawns, at yard. 3a c 12c Zephyr Gingham, 7 at yard QgC 40c Mercerised Sateens, black fjl and all colors, at yard lC Remnants Table Linen and Toweling at half price. Remnants of SO-lneh Cotton T j Flannel, at yard sC RemanMts of extra heavy twilled Drapery Cretone, at yard Remnants of 16c Shaker O f Flannel, at yard. O2C 6c Sale of entire stock of Ladies' Tailor Suits purchased t will continue Saturday. The most artistically designed were ever shown in Omaha for the price. BIG CLAIM quickly become convinced. , ALL LEWIS, MEYER A COLIN SUITS, made to sell up to $16.00, Q 7 C at U. f M ALL LEWIS, METER St COLIN SUITS, made to sell up to $26.00, JJ. ALL LEWIS, METER & COLIN 8UITS, made to sell up to $32.60, Q ALL LEWIS, METER & COLIN SUITS, made to sell up to $37.60, (JQ NEW CRAVENETTES ' Latest and most handsome designs, 1a aa $40.00 down to UUU SAMPLE COVERT COATS-250 new ones Just received greatest bargains ever seen in Omaha at . 7 pa $16.00, $12.60, $10.00 and . DU COVERT COATS Silk and satin lined, made to sell at $7.60, m r f? special at it, JD BEAUTIFUL SILK SUITS - We're Justly proud of our showing of Silk Shirt Waist Suits hundreds of ex ceptional values now on display and new ones arriving daily, atf r tt prices from $36.00 down to. 13.UU from Lewis, Meyer & Oolin of New York and handsomely finished lot of suits that THINK? Just see them and you will $20.00 SILK SHIRT WAIST SUIT AT 112.60 Saturday, as a grand special we will offer choice of 123 Silk Shirt Suits, in all colors and latest styles greatest bargain ever C known, at 1,J NEW SKIRTS In Panamas and Sicil ians, at $15.00. $10.00, T 11 U $7.60, $6.00 and .U LINEN WAISTS A great Mn of mag nificent values, at $12.60 f T C down to $3.00, $2.60 and ! I Women's $1.00 Wrappers, at ,$2.00 Moire Underskirts, at HOME MADE WRAPPERS at $2.25, $2.00, $1.76, $1.60 C and tD WOMEN'S NEW SPRING WAISTS in fine lawns, madras, vesUngs, etc., worth up to $4.00, OS special, at V $4.00 UNDERSKIRTS in moire and sateen, greatest values ever offered by any western house, 100 FROM 7:30 TILL 9:30 P. M. Women'! $1.00 Wrappers, 39 C 39c 1.00 F. P. KIRKENDALL SHOES We secured direct from KirkendaJl & Co., an immense lot of shoes ABSOLUTELY UNDAMAGED by Are or water at an extremely low price. Hayden Bros, were the only Omaha firm who secured the advantage of direct purchase, thus securing the very cream of the stock. THESE SHOES NOW ON SALE and sale will continue until every pair is disposed of. See our offerings, get our prices before buying, youll save money by doing so. Klrkendall's $3.60 and $4.00 men's fine custom-made Shoes, In vlci kid, patent colt end tan Russia calf " yQ ' choice AitO THE RAVEN SHOE for women sold the world over at 2.50 look far label on top of lining Hayden's f J (J price 1. 1 D KIRKENDALL S PRAIRIE QUEEN, a regular $2.00 shoe Klrkendall's $2.00 satin calf shoer for men Kirk- Ofi UU endall's $1.60 satin calf shoes for boys Klrkendall's $1.60 vici kid shoes for misses and children. In Our Corset Dept. I0e "TAPE . AND BATISTE GIRDLES In pink, blu and white. on Saturday.... ifC WARNER CORSETS-.-egular . l.M ralii, Saturday OC DOWAUKR CORSETS fbr stoat figures, doubl boned and long- hipped 0 with ho upporter, at WAIST BLOUSE AND BFST FX3RMB- awU new Una, . , ' B up freeiL. DC PRESCRIPTIONS CAREFULLY FILLED 1 'AT LOWEST PRICES IN OUR DRUG DEPARTMENT. Florida Water, l&rre bottle, OC Orance Flower Cold J e Cream IOC Colsmte's Tooth f- I'owJm IOC r.1:......: :::..::..:..;.".25c 7U White Ron Glycerine 10n Soap, cake Rubber Gloves, Efl- all alzea. OVC MONEY SAVING MEAT PRICES We are always in the lead in high quality and low prices. Leaf Lard, 18 lbs at. Pork Loins, per lb Pork Roast, per lb Spare Rlba, per lb....... No. 1 Rib Roaat. per lb., 8c ard Shoulder Roast. per lb..... ,. Mutton Stew, , V per lb 7ic ;...6ic ..... 6c 10c '"' 3c 3c Veal Btew, per lb Veal Roast, per lb., 9c and. Lamb Leg-s, per lb Armour's Bacon, per lb. Armour's Hams, ' per lb Rex Hams, per lb.. .n. Rex Bacon. per lb , ...4c 8c ...9c lUic lOic ..9ic ...He Ladies9 Gloves $1.00 GENUINE LAMB SKIN GLOVES in all the new spring shades with Paris point stitching, one large clasp, special bargain Saturday, KAYSER SILK GLOVES in all the newest shades, at $1.00, 75c, r 00c and tOQ Headquarters for fancy Parasols and Umbrellas prices from C fl A 98c to plt Ladies' Muslin Underwear The greatest variety of artistic spring styles in ladies' under;, muslins ever brought to Omaha are shown in this lot and at un equaled low prices. $1.60 to f2.00 GOWNS, handsomely trimmed with fine lace and embroideries, special sale price Saturday at 9Sc 7 Cn and LADIES' SKIRTS, in the most fascinating designs, extra full and deep flounces of lace embroidery and inserting, QR worth up to $3.00. Divided into two lots at $ 1.50 and aUl LADIES' CORSET COVERS, well worth double the price we ask, handsome yokes of lace and embroidery at 49c, Qp 39c and LADIES' DRAWERS, made extra full and elegantly trimmed in fine and embroideries, worth up to $1.00, at 49c The most complete line of ladles' furnishings la the city at lowest prices. SPECIAL SHEET MUSIC The following hits on SALF one day only, such as: ' Tm Trying So Harrf to Forret yon"; "Coax Mo"t "TeaKlng"; "In Old IreTan, Meet Me Thre": "In the SleiRh With the Olrl You Lore"; "By the Dear Old Del, ware": "Little Hoy From Ixmenome Street"; "Como Home Soldier Boy In Blue i "Lucy IJndy Iady": "Ocnerteve : Seminole"; "Abrnhom": "Bck Back. Back, to Baltimore'; "Oood Bre, Little Girl, Good Bye"; 'Take Me Bock to the Old Virginia Shore"; "Olrl Who Cures for Me": "When My Golden Hair Has Turned te Bllvery Gray," (nne ballad): "Jolly Me Alonir": "Arabola"; "Moonlight"; Western Girl "; 'Field Pay"; Chicken Charley": "FlgMIng- the names"; "SC Louis Tickle "SatlRfled"; "Blue Grasa Cchoe'"; "lola": "Dixie Doodle"; "Ung Time to the Moon I "Undercurrenf't "Memories Dream"; "Virginia Beautlea"; "Ever Thins Waltses" I "Dance to the Moon" and "Buffalo Flyer" 15c per copy. By mail I6c Saturday Inducements in uur furniture uepu We are reeetrlns; new goods dally and you win And the Une shown here, as large, as well select ed, and of as high a character as shown elsewhere But our prlcea are Jirnt lower than the lowest. and rery often rery much lower. To Newly Wtddti People arc offer Sptdat todnctmtntt We have Just put on our floor a complete new line ot FOLDING RECLINING GO-CART8, FOLDING GO-CARTS. GO-CARTS and CAR CARRIAGES. RUBBER TIRE WHEELS, AUTO MOBILE WHEELS, and all the latest things la Folding and eaay to carry Go-Carts. We are also arenta f r the celebrated "BUSTER BROWN" Oo- Caru Ou be folded as small as your grip. Come and look the line over. Go-Csxt llks out. f QC1 RjLturdnv for METAL. BEDS Over 100 patterns to select from. Dew aesUras, , new combination of colors. Saturday ws place on rale a full sire white enamel bod. wen made and strongly constructed. f Kf for IF YOU ABE INTERESTED IN FUBNTTITRB COMB HERB. AT THE HOSIERY COUNTER 30c LADIES' HOSE plain and fttney. In all the new colors and black, some handsomely embroidered, at pair aJt LADIES' FANCY H08B In black, tans, .modes, et& plain and embroid ered, great snap Saturday, f at pair... 12v CHILDREN'S HOSE heavy ribbed with doable sole and knee, lI extra special, at, pair .t 25c MISSES' HOSE fine ribbed and drop stitch, unusual I (I bargain, at pair ....'. C China Department Bargains BEAUTIFUL DECORATED Ftetea, Clip and Saucer. Covered Dishes, Open Vege table Dlahea. Fickle Dishes, Platters, Salads. Saoce Boats, ato all under glased decoratfona, from open stock pattern of flow blue, wnnrter m ful values Batorday. t if ' choice. 10 in4............nvM. . V v Wine Glasses, oc C&C e eiSiS Si eieieissjfcstwe. v Fruit Baucera, Crystal Butter ZMsbM cc Crystal Cream JSga, c each C Crystal Bpoon Holder, C each C Crystal Sugar Bowl, Rn each . BIG, FIVE OF THE SENATE Engineers of Equal Skill ' Operate the Upper House of OongreBs. HOW, TO PERFORM RESPONSIBLE DUTY Do Not Make Much Noise, bat When They Push the Button the M- ;Chiie Movea Alonsr the ' tiroovea They Design. A session of the senate without Nelson W. Aldrlch to run It Is a thing almost un thinkable, and yet the late extra session was run along quite smoothly while Mr. Aldrlch enjoyed himself In Europe. To say that Mr. Aldrlch runs the senate, as is often said, Is to describe things a lit tle loosely. No one man runs the senate. But it la true that Mr. Aldrlch comes as near to running It as any man. He is pretty close to being the most powerful man In the United States. Me lias more influence on the destiny of events than any other man. How long this will continue to be true is a question; the president and the speaker have given striking evidences of their determination to make it untrue as speedily as possible, and have done a good deal toward executing that determination. But it is true still. i uo aenaie nas ruiers, just as tns house hss. There are four of them in the house and five in the senate. The difference Is that the house rulers are such by virtus of their official 'positions as speaker, floor leader and members of the committee on rules. If their official positions were taken away from them they would be bowled over Immediately. The senate bosses hold their places by virtue of two things first, their genius for leadership, and second, their strategic po sitions In the committee assignments. Genius for leadership does not count for tnythlng in the leadership of the house. SCOTT'S EMULSION. Scott's Emulsion Scott's Emulsion Scott's Emulsion i Scott's Emulsion Scott's Emulsion -the , old story, told times without number and repeated over and orer again for the last thirty years. But it's always a welcome story to those in need of strength and health. There's nothing in the world that stops wasting diseases as quickly as Scott's Emulsion. Wel am yes s seats free " tCOTTMWl,- rewt SMest, Mew Task, The men who have it are all, with the ex ception of Mr. Cannon, outside the house machine, and yet they are about as help less In the grasp of that mach.ne as the veriest greenhorn In congress. Leaders Able to Lead. In the senate the leaders have risen to their places because they can lead, and have solidified that leadership by their stra tegic positions. Besides Aldrlch, they are Allison of Iowa, Spooner of Wisconsin, Hale of Maine and Piatt of Connecticut. Mr. Lodge Is often spoken of as one of the senate leaders, because he has been recognized as the spokesman of the admin istration. He is one of the senate leaders In the sense that he Is a leading senator, but not otherwise. The real rulers consult him often, and he might truthfully be called a sort of assistant ruler. He holds a relation something like that which the Caesar held to the Augustus In the scheme of the Roman empire. Some day he may be a real ruler, but he is not yet. The two great committees of the senate are appropriations and finance. Of appro priations Allison is th chairman, and he and Hale control the committee. There is no other member of It who has the ability or the courage to cope with them. Aldrlch Is chairman of finance, and associated with him on the committee are Allison, Piatt and Spooner; and these four men run that com mittee. The republican steering committee oon slsts of nlns members, and the five bones control th steering committee. All the Im portant committees of the senate , are so constructed as to bs easily controlled by th five rulers. These five men practically control the government on many an Important issue. They can block or defeat anything that the president or th house may desire. Therefore they have to be respectfully con sulted on every proposition, and on many an ocoaslon, not at all remote, It has been simple fact that these five men were the government of the United States. The day of great debates In the senate la not gone, as Is erroneously supposed; the only difference Is that the great de bates are not held In the public eye and never leak into the publlo ear. The great debates of th senat are held in what ever room Allison, Aldrlch, Hale, Spooner and Piatt of Connecticut may be gath ered to decide what shall be the policy of these United States on a given sub ject. Dramatle Performance. Th public "debates" to which the eager-eyed tourist listens so reverently are in the nature of a dramatic petorm ano.j They have nothing to do with the legislation to be enacted. While senators are going through the motions of srgulng a great question, th real debate is taking place or has slready tuken place In some little room where two or three are gath ered together. Oftentimes the real debate Is over and the whole question settled before ever the mock debate In the sen ate begins. g, ' The-e real debutes, of course, are not always .restricted to the five rulers. If tliey were the rest of the senate would be little more than manikins to be pulled with strings. But the five rulers are, the men with the veto power and the men whose say Is law. Some ot th five rulers occasionally oondescend to take part In the mock de bates on th senate floor. But when they do, it is In their capacity as politicians. not as legislators. They sre saying such things as they think should be published for the benefit of their political party. The performance has nothing In the re motest way to do with legislation. The legislation has been settled in the private debates. If these real debates were reported as the stage debates in open senate are, the literature of American oratory would be enriched not by flowers of speech, but by downright, direct, sledge-hammer ar guments. Oftentimes the five bosses dls ugree. They fight out their disagree ments, come to a conclusion by rule of th majority, and then stand solidly to gether for the result. The secrets of death are not more closely guarded than the secrets of these real debates, the debates which decide the policies of the United States and make history. Seldom Is It that any vaguest rumor of the differences in the camp of the five Caessrs trickles through the cracks in those closed doors. When they reappear In the publio view they sre united and are handing out their orders to their followers and the differences which preceded the agreement may never be known even to their colleagues. One exception was In the settlement of the tote of the Philippine Islands. It did become known that Spooner and Hale disagreed vehemently with the "Imperial ist" policy, and that the battles in the councils of the Big Five were protracted and exciting. But when the doors were ttirown open snd the mock debate in th senate began, Spooner was the spokes man chosen to put forward th "imperial ist" policy, and he did It with the fire and power which characterise all his ut terances In th mock debates. So great a man is Spooner In the mock debates that no man can question the deep lose of American literature resulting from the failure to report his speeches in the real debates. A Cbeas Player with Men. Aldrlch is a chess player with men. No one in the senate and lew outside It equal him in that particular talent which gives one man the mastery of others. It Is seldom that his voice Is heard on the floor, and when he does speak it is al ways as an actor. He hardly conceals the fact that he breaks his silence merely to make a political point. His part in the machine la that of political manager. A type more irreconcilable with the vulgar political boss can hardly be Imagined. He is a handsome man with piercing eyes and a flowing white mustache. He Is a gentle man, a man of pleasant address and with a voice agreeable to hear; but there Is about him a constant Indefinable Imprest slon of power and command, the product of long habit In ruling men. Allison is the man ot experience, th sag old pilot ot th senate. They say that no man who has ever been In the senate knew o much about It as he does. He Is the political forecaster, th compromiser, the weather prophet, the man who brings Ir reconcilable things together. It Is said that the oldest Inhabitant cannot recall having liennl Allison give utterance to an opinion on any subject whatever. Doubtless he does give utterance to them, but never except In the Inner councils of the Caesars. Bufc-Hclous to th point of craft, it does not annoy him to know that the epithet moat frequently applied to him is "the Old Fox." H looks the Solon, with his massive, leonine head and Its immense forehead and mass of gray hair. Wb as rises la bis place in the senate he disdains to talk as If ha were making a speech; he leaves all that to the youngsters, whose sum of knowledge does not equal all that he has forgotten. He never rises except to shed light on some knotty point, and when ho does It Is al ways as briefly as possible, and In a con versational voice that is almost an under tone. Then he drops back into his seat and, with sublime Indifference, lets the talk go on. The Tvro Platta. In that part of the United States which lies outside of the City of Washington, it is customary to refer to Piatt as "Piatt of Connetlcut." Here there is no such custom. When one speaks in Washington of Piatt, It Is assumed that of course he speaks of the Connecticut man, the great Piatt, unless he specifically adds the words "of New York." It Is but seldom that this occurs, for Piatt of New York has no more Influence on legislation here than the coruscations of a lightning bug have on the solar system. He goes his way unregarded and, not discussed; and It Is an uneventful day In which the name of the other Piatt Is not heard in cor ridor gossip on the day's topics. A mild, steady old gentleman with a long white beard and deep furrows under his .eyes; quiet ot manner and soft of voice tall and angular of frame, who seems to have a difficulty in deposing of all his bones; with a frame like Lin coln and the face and manner of a pastor emeritus that Is Piatt, the constructive legislator of ths senate machine. These three gentlemen of scanty speech are but little known to the publio except by name. It Is different with the other wo. Spooner is ths orator and the law yer, and he conducts the public battles of th machine. He and Piatt are re garded as th statesmen of the combina tion. He is an enthralling speaker, a man whose words are ot fire and whose argu ments are of Iron. He has not his match In th senate, except perhaps Bailey. When deserting his desk and taking the aisle, Spooner swings his short form from one side of the aisle to the other, hurl ing his hand like a weapon at the demo cratic side, every man In the senate is In his seat snd listening with all his ears. It Is sn intellectual reat ot the first order. Hal as sv Knocker. Hals Is less under the necessity of ob serving th rule of secrecy about differ ences in the councils of th Big Five than any of the others. He often blurts out his subllms disregard of th prevailing policy; but he observes th rule of the majority so far ss not to fight It except in the inner councils of the Board ot Con trol. ' He looks ss little Ilk th three mild- spoken bosses first mentioned ss does ths fiery Spooner. He is a red-faced man with a pointed gray beard and a countenance mad up for war. He looks always cs if be were getting ready for a fight with somebody;, and when h does speak th moat biting Irony falls from tils Hps In measured, unemotional tones. Unlike Spooner, he does not go Into the aisle and' wave his fist. He stands by his denk, holding the corner of It rigidly, and lts his boiling sarcasm drip word by word or drop by drop. He seldom ventures Into the range of public vision. When he does, It Is gener ally in th attitude of serving notice on somebody that this nonsense must stop. When Hals Is interviewed It is a signifi cant event; it la not an Interview, It is an occurrence in history. An Interview from (not with) him Is an announcement of the policy of the government; an Interview with any one of the senate rank and file is merely an interview. None of the four others is ever Inter, viewed. Whether the senate bosses have deputed that role to Hale cannot be known. An Interview with him appears with the rarity of a comet. But when it comes it is generally like the roar of a lion or a blast of dynamite. After the Interview the air Is full of debris for awhile, and then things proceed to shape themselves In ac cordance with the Interview. It Is not necessary to recall that there was considerable talk of tariff revision at the opening of the recent session until Mr.' Hale, for the first time In a couple of years, was Interviewed. At last In these latter days the rule of the senate bosses Is challenged. The speaker seems determined to raise the house to Its constitutional plnce in the American sys tem of government; and the president seems determined to exact at least his own constitutional place. The senate bosses think he means to exact more. The history of the next four years Is likely to prove Interesting. Whatever be the outcome, the senate bosses will stand or fall with the senate. It th senate loses Its grip, they will lost theirs; but no one has yet been able to figure out a way by which the senate can retain its power without the five Caesars being as much in control of It ss ever. New York Times. SUPREME COURT SYLLABI 13378. Schwlngle against Anthes. Appeal trom Clay. Motion for rehearing overruled. Per curiam. 133M. Carly against Boner. Appeal from Dawes. Former Judgment of reversal ad hered to and decree entered in this court confirming and establishing appellant's right to redemption heretofore eftoctuated. llokomb, C. J. 1. In an Interlocutory order entered on a former uppvtil of this case oonslilered and held not to be res Judicata aa to the ilghu of tho parties to redeem land from a decree rendered in the action and sale made In pursuance thereof so as to become the law of the case. 2. The statutory light of redemption from sttle differs essentially from the equity of redemption proper, it Is usually self-executing and to enjoy the benefit thereof no pro ceedings are ordinarily required to be had In the courta to make such right effective. This right or privilege is given by statute to the owner of the equity of redemption or his grantee. 3. whether or not the redemption of real estate by the owner of the equity of re demption or his grantee from the- decree and the sale made thereunder as effectuated Is with or without prejudice to the rights of one claiming as the assignee of a mort gagee, is not determined. This question Is not within the Issues raised by the appli cation to redeem, nor Is It Involved In the exercise of the statutory right of redemp tion from a decree and a sale of real es tate made In uurauunce thereof. 136K8. Jandt against County of Sioux. Er ror from Sioux. A-mrmed. Letton, C. Certain live stock In herd was re moved on the 7th day of April from Sioux county. In which It had been situated for three yeara and where it was legally liable to be listed and assessed for taxation, to tiox Butte county, In which it was Hated and a unease. 1 improperly. The owner paid the taxea In Box Unite county. Held, that -these facta do not relieve him from paying the tax properly and legally usaessed in Bhiiik county. 139. Kouerta a Kill nut Lemont. Appeal from Madison. Revcraed and remanded. Ol.iham. C. 1. A valid atrrerment In restraint of trade must be established by clear and sit la factory proof to warrant a court In reatraln Ing Ita breach by injunction. 2. In determining ths validity of a eon tract In reatralnt of trade, th tsst Is whether th restraint is only such as Is necessary to afford a fair protection to the Interests of the party In whose favor It is given, and not su much to Intertere witn Uie Interest of the publlo. 3. A contract in restraint of trade, which is not limited either In time or space, is against public policy and void. 13721. Loonier against Loonier. Appeal from Dawes. Ann rued. Ames, C. 1. An examination of the evidence shows that the plaintiff failed to produce a pre ponderance thereof in support of the grounds alleged for a divorce, and the Judg ment of the district court dismissing tne action is oillrmed. 13733. Sluyter ugalnst Schwab. Error, Clay. Reversed aim remanded with di rections. Oldham, C. Where tho owner of two contiguous lots of land conveys one of such lots to A, and subsequently conveys the other to B, held: That in a contest between A and B concerning the boundary line between the lots, A cannot for the purpose of es tablishing title by adverse possession against B tack his own possession to that ot the common grantor. 13739. Furey against Holmes. Affirmed. Letton, C. ' 1. Where an affidavit In a proceeding to revive a Judgment allege the existence of the Judgment, the fact that it Is unpaid and that it has become dormant, these allegations are sufficient to Justify the ols trict court in muklng a conditional order of revivor and upon proper service and default to sustain an order making ithe re vivor absolute. 2. The five years' lapse of time from the rendition of a Judgment or the Issuance of an execution thereon to the time that a Judgment becomes dormant, only raises the presumption . of payment thereof und does not deprive the Judgment of all vital ity. Wriaht aaalnst Sweet. 10 Neb.. 1BU. 3. In this case the fact that the trans cript of a Judgment In Justice court was mod in tne omce 01 tne ciera 01 tne ais trlct court after the Judgment had become dormant did not prevent the district oourt from acquiring Jurisdiction of proceedings to revive the Judgment. i 13740. Nolde against Gray. Error, Clay, Reversed. Oldham, C. 1. In an action by a vendee to reoover damages for breach of contract to con vey land, the measure of damages Is the difference between the price agreed to be paid an the value, of tne land when the breach occurred with interest. 2. To recovr such a measure of dam ages the vendee must either be evicted from the premises or' rescind his contract, because of the failure or Inability' of the vendor to perform, and thus place the vendor In statu quo. 3. Kvldence examined and held: Not sufficient to sustain the Judgment of the trial court. 1398. Wheeler ngalnst State, ex rel. Clement. Error, Cas. Reversed and dis missed. Ames, C. 1. Statutory amendment and repeal by Implication being expressly forbidden by ths constitution are not favored by the courts. t. An act of the legislature can deal with no subject not clearly expressed In Its title, hence an set to provide, ror "in eorporjitlon, government, regulation, duties and powers" of a certain class of cities can contain no valid enactment relative to the powers or duties of a county offi cer. S. Section tfl of Chapter xlx of the Ses sion Law of 19nl s void. 13724, Patterson arslnst First National bank. Error, from Ftlchardaon. Reversed and remanded. Letton. C. 1. Where a petition Is for money hsd snd received, the answer pleads payment by check, and the reply alleges facts nega tiving and disputing the payment aliased In the anawer. the reply la not Inconsistent with the petition and It Is error to strike out Ita allegations. But where proof ia ad mitted of the allegations stricken from the renly In error Is without prejudice. 2. Where a check for ?1H0 waa drawn by a depositor In a bnnk upon h'-r deposit, payable to the same nanK or oraer, its in dorsement by the hank and return to the drawer a naM Is nrl"in f"le evidence of the receipt by the Iwnk of the amount evi denced by the check. It Is not conclusive, but It onen to explanation or denial. t. Where a depositor draw a check upon a gem-rnl deposit In bank, payable to the bank or order, the purpose belns as the depositor claims to change a rneral deposit subject to check Into a time deposit In the same bank, and the check Is returned Indorsed paid and the bank seeks to avoid liability by a plea of payment the burden of proof Is upon ths bank to show that tUs , amount of the check was paid at ths de positor's request to a third party. 4. Evidence offered as to other transac tions held properly rejected as res inter alios acta. 6. Where the hand to pay Is also the hand to receive payment may bo made by a transfer of credits upon ths books of a bank. ti. Where a depositor claims that a check for $460, payable to the First National bank, was given by her to the same bank for the purpose of chunglng her general deposit therein into a tlmo deposit, and the only controversy whether or not a certain "time check," signed by the president of tha bank by his Individual name alone was fraudu lently delivered to her in exchange for the check Instead of a certllloate of deposit, or whether the check wus paid, the money InunAil hv hfvr in the ttarik nresiilent liull vldually, and the "time check" given by him aa evidence of his own debt, It Is error to Instruct the Jury that before the plain tiff can recover she must prove "not only inui ma twv eiieciv was iinnuuiriiLi iiiu- cured from her, but that the time checks given her were fraudulent," since the plain tiff dons not claim there was fraud In pro curing the check. 14027. State ex rel. World Publishing company against Fink. Error from Doug las. Affirmed at costs of respondent. Ames, ('. After a petition for the foreclosure of tax liens pursuant to an act of V.3 en titled "An act to enforce the payment and collection of delinquent tuxes and special assessments on real property," has been filed In' the office of the clerk of the dis trict court, and the county treasurer has published the required notice in a suitable newspaper, he will not be compelled by mandamus to republish the same on the sole ground that such newspaper was not designated for ths publication by th proper oniciai aumomy. 14114. Henry Kook against State. Error from Cuming. Proceedings In error dis missed. Barnes, J. The supreme court has no Jurisdiction to revise the proceedings and final judg ment of the district court In a criminal case unless proceedings In error are Instituted therein within six months after the rendi tion of such Judgment. 13723. State of Nebraska against Oower. Error from Thurston. Affirmed. Ames, C. 1. Whether an information In quo war ranto lien against a county Judge who, . under color of his office, has usurped pub lic functions and powers In excess of tha Jurisdiction conferred upon him by law, is adverted to but not decided. I, When a county Judge dies pending a riroceedlng against him in the nature of as nformatlon In quo warranto for the al leged uaurpatlon of functlona and powers In excess of the Jurisdiction conferred upon him by law, his successor In office cannot upon motion of the relator be substituted as respondent In his stead after thu cause has proceeded to Judgment In the dlstrlot court, and while It is pending her on peu tion In error. MS)? or the Baby AH goes well when tho baby is well. Keen the baby well by riving him Mellin'e Food, It wlU nourish him, make htm grow strong and keep him happy. Wo are sure of It try it. Ask the mothers of Mellln's rood children. Send for our free book about Mellln's Food, p.lllaWMa Is tk OJHIT tsfsata feed, which, received the Creed Prise, the hWbeat sward f the Leiilnfaa turm cheae taseaUUs. St. tenis. IV04. HiSae r loaa a geld ssedal. MKLLlN's roOD CO,, POO TON, MAM,