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THE OMAHA DAILY BEE: MONDAY. MAKCH U7, 1903.
V STREET CAR CREW 11ELD UP Jabbers ETldontlj Belong to the Anti- Corporation Ftctioi. TAKE NOTHING BUT COMPANY MONEY .After Seeartna- the C'aah )Hs Dlaao pet r mmt Police Have Brra rat able to) eere m Trace of Then t p to the Presest. When the street car on tha Docge street line reached Thirtieth and Bristol streets last night at 12:30 o'clock two men, with m&Kka and with revolvera, surprised Con-dis-tor D. A. Hood and demanded hla money. With uplifted hand Hood wi conr.p'-lled to stand and let the men rellere hirn of all the cash he had In hla pockets arid also a revolver. "Have you any money of your own?" linked one of the men. "A little of It swlongs to me," he replied; $2.75." We want only the company's money," the man Mid, and he handed the conductor the amount he claimed aa hla own. One of the masked men then examined the revolver, and removing all the car tridges s.ild: "I guess that gun Isn't very dangerous now, ao you can keep It, too," Apparently no attention waa paid to the motorman. There were no passengers on the car. Keeping t lie. car men on the anxious seat by threats of what they -would do If any attempt was made to move until told It would bo all right, the masked men de liberately backed off Into the darkness and disappeared. As speedily as possible the car waa run. back to the barn and word Bent to Vjo police station with as good a descrlpnn of the robbers aa the car men could ve. The whole altalr occupied only a few -minutes and the conductor was so feuey doing what he waa told to do that he wife unablo to give anything but a vary gereral de scription of the men. Their fMrgulse and masks prevented an accurate, description, excepting that of height ard general size of the men. petective Pattullo and 'Lf.ncer Pan Bald- in promptly went to scene of the rob- i .rv and endeavored ret some trace of ihe highwaymen. hi .t no trace of them -...lid be found. Thry had a good start and evidently had thi whole affair carefully planned. EDWARDS ATTENDED THE BABY Salt J C the. I nlnn De J Strain v Man Mas a Good Time pot with . Kid. In H John Edwards' years of life In Salt LaJre City he never had an experience with baAles which can be compared to the one fjc met yesterday in Omaha. In future he (will not engage to enre for strange Infants while the mothers leave for a short time. As a result of Sunday's adventure he missed hla train, causing him to remain ono day longer away from hla own babies In T'tah, and narrowly en taped a beating at the lianda of an irate father. Mr. Edwards had been to Indianapolis nd was on his return home. While he was , waiting at the Vnlon station for the Union Pacific train west he noticed a woman walking back and forth with a fretful child in her arms. Ill sympathy went out to her and he endeavored to help her by di verting the attention of the baby to a big red apple which he produced from his suit oh se. The young one ceased crying and a lew min'iitos later 'tit.' fed wards had almost forgotten the incident. But the woman had not. His fatherly appearance had evi dently won hor confidence. She approached him and said: "Won't you be kind enough to take the baby for a few minutes? I'll come right back." The secret of Mr. Edwards' tribulation waa that he took the baby. It was ten minutes yet until time for his train to go. He. dandled the little one' on his knee for five minutes and the mother did not appear, lle walked the floor of the waiting room for three, minutes more and she did not come. If Another minute passed by and he was be- V coming anxious. He looked around, but cor.ld see no person whom he would trust w'.th the baby. The seconds ticked away. All at once Edwards awoke to the reallxa s tlon that his train was In motion. Ho dropped the child on a seat, seized hla suit case and ran frantically out of the depot and acrosa the platform. People laughed II STRICTCONFIDENCE. Women Obtain Mrs. ' Pinkham'i Advice and Help. She Baa Gnlded Thousands t Health. How Ljdia K. Flnkhasa's Vegetable Com ponad Cured Mrs. Fred Saydsl. 7 It la a great satisfaction lor a woman to feel that she can writ to another telling her the moat private and confidential detail about her illness, and know that her letter will be seen by a wo man only, a wo man full of sym pathy for her tick stater, and above all. a woman who has had more experience In treating female Ills than any living1 person. Over one hundred thousand eases of female diseases come before Mrs. Pink ham every year, some personally, others by mail, and this has been go ing on for twenty years, day after day. Surely women are wise in seeking advice from a "woman of such experi ence, especially when it is absolutely free. Mrs. Pinkham never violates the con fidence of women, and every testimo nial letter published is done so with the written oonsent or request of the -writer, in order that other sick women may be benefited as they have been. Mrs. Fred Sevdel. of 413 North 54th 'Street, West Philadelphia, Pa., writes: Pear Mrs. Pinkham : "Over a year ago I wrote you a letter asking advice, aa I had femals Ula and could not carry a child to maturity. I received your kind letter of instructions and followed your advice. I am not only a well woman in con sequence, but have a beautiful baby glrL I wish every suffering woman in the land would write you for advice, as you have done so much for me." - Just as surely as Mrs. Seydel was cured, will Lydia K. Pink ham's Vegetable Compound , cure every woman suffering from any form of female Ills. No other medicine in all the world has such a record of cures of female troubles as has Lydia E. Pinkham's Vegetable Compound. Therefore no prudent woman will accept any substi tute which a druggist mar offer. If you are sick, write Mrs. Pinkham, Lynn. Mass', for special advice. It la tro and alwsys helpful. to see him tear down the track after the receding cars. He came back and took the baby on his knee, jerking It savagely. It began to cry again and Edwards tossed it up and down at a great rate. All at once he was confronted by a mus cular, black bearded man, who seized the baby from his hands and cast at him a look of anger. "What right have you to abuse this child?" roared the stranger. "Is It yours? Well, I guess not. For one small copper penny I'd beat your face completely Into the back of your neck." Edwards slunk away. He sent a tele gram to bis -wife and walked slowly up town. OMAHA CURFEW NOT THE ONLY Mexico Haa a Similar Custom with 4nlte m Difference Retweea Ob. servance There and Here. "The curfew wMl catch you If you don't watch out," were words weighted with throbs of fear for youngsters when first the curfew whistle shattered the atmos phere In Omaha. Time has dulled the scare and familiarity bred indifference to the screaming signal of youthful bedtime. They do things differently In some Mexlran towns. Curfew means what the law says for young and old. A correspondent of Leslie's Weekly, trav eling In Mexico, humped against the cur few law in one town and tells what hap pened. "And now," he writes, "for the story of tlit queerest town of all, a town where the, curfew Is still rung every night, something probably now unknown In any other town In the western hemisphere save Port Au Trincc, the capital of the Wesi Inr'.mn republic of Haytl. Not a baker's dzen of tourists have 'done' the region through which wo have Just passed in tha last dozen years. I venture to believe, therefore, that not one person In a million in the United States knows of the little Mexican town where everybody who ven tures from his doorstep after 10 o'clock at night Is arrested. Yet there Is such a town. It is called Santa Maria and In Santa Maria two of our party the doctor and myself were arrested and put In Jail. "By Mexican standards, Santa Maria is a full-fledged modern city. From an Amer ican viewpoint It is a medieval kind of place a relic of feudalism, where the boss of the town Is lord of nil the peons for miles around. It has an alcalde, or mayor and that mayor Is a sort of czar over the whole country. One of his predecessors, decades ago, established the custom of ringing the curfew every night at 10 o'clock. This custom tho present mayor maintains not only as to the mere ringing, but also as to the enforcement of tho letter of the curfew law. And woe to the peon or stranger who Is caught abroad after 10." CIGAR CLIPPER WORKS WELL Inquisitive Woman ioses End of One Finger Through Investigating Machinery. A young colored woman named Sallle Catrell of 1009 Capitol avenue, while In a drug More, on Douglas street yesterday, became Interested In a cigar cutter on the show case, and to learn how the machine worked, pressed one of her Angers Into orm of the holes. She drew the finger out with an accompaniment of screams. The point of the finger was cut off as neatly as if it had been a cigar. The wound was dressed in the drug store and she started to go home, but fainted on the sidewalk. The patrol wagon was called and the woman was taken to the station, where Police Surgeon Kennedy, after con siderable trouble In quieting his patient on account of an attack of hysterics, dressed the wound, after w.hich she was able to go home. Announcements of the Theaters. The determination of the Conried Metro politan Opera company to give Omaha a season of opera fully as complete in every way aa the original production In New York City has led them to a very heavy extra outlay in Omaha, as they have con structed the stage at the Auditorium and fitted it out completely at their own ex pense. It Is now up to the people of Omaha, as a mark of appreciation of this generous purpose, to reciprocate by a heavy attendance on Wednesday and Thursday next. One of Shakespeare's greatest plays, a melodrama and a masterpiece of tragic composition is "Macbeth." t holds a fascinating Interest for Its intensity of ac tion as well as for its sublime poetry and the peculiar air of the supernatural that prevails through it all. No other piece has enlisted' greater attention on the part of players than this. It will be offered at the Boyd theater this evening for a single performance by a company at the head of which is John Orifllth. Miss Louise Ripley is the Lady Macbeth of the cast. The sup porting" company Is said to be large and competent, while the management has laid particular stress on the scenic equipment of the piece, and promises some genuine sen sations in the way of the spectacular. Mystery About Injuries. Barney Haley, a well known character In police clrcleB, was found at 9:15 o'clock last night on the Union Pacific tracks about fifty feet wept of Fourteenth street. The men who found him notified a watch man near that point and left without giv ing their names or much description of the circumstances. Hulev had a number of very severe scalp and other wounds, all of which, the police think, could have been caused by a fall. Haley could give no connected account of what had hap pened aa he had been drinking consider ably. I His wounds were dressed by Police Surgeon Kennedy and Haley was tuken care of at the police station. Deserter Captured. John L. Tilt, who was reported from Fort Crook as a deserter from Company , Thir tieth United States Infantry, while on duty at the Omaha reservation, was arrevled last evening by Officer Crowe. After his arrest Lilt gave the name of John A. Den nlson. but after examination proved he was the right man Lilt -admitted his name and that he was a deserter. His parents live at Fork River. Manitoba. Lilt deserted May i, 1904. and manuged to keep safely out of trouble until Tils affection for a woman In the red light district In this city drew him back. He will be returned to the military authorities at Fort Crook. Condemn I naeatlaa- of Adams. DENVER. March 28 The Denver Trades and Labor assembly today voted down a resolution setting April 30 aa a day on which organised labor throughout the state should assemble at tho state capltol and demand the resignation of Governor McDonald In favor of the "rlrhtfullv elected Governor Alva Adams." A reso lution ronoemning the action of the gen eral assembly In unseating Adams waa adopted. Albert Still In Asylum. A letter to The Res from Hans Albert, the well known violinist, denies the rumor In circulation that he had been paroled from the asylum at Lincoln, where he la now confined, but declares for the infor mation of his friends that he expects to be at liberty again In a few weeks, LOCAL BREVITIES. John A. Dennlson of Chicago was ar rested yesterday by Officer Crowe and booked aa a deserter. The Woman's Alliance of Unity church will give a dancing party at Metropolitan hall on Friday evening, March 81. Thieves entered the barn of Simeon Ro nueek, :n.2 Farnam street, Saturday night and stole a set of harness. Oeorgt Nixon. l South Ninth street, was thoughtless enough to shoot pigeons inside the city limits Sunday afternoon and landed in Jail. Rev. Alexander Corkey. a native of Ire land, will lecture at Immanuel ltapilrtt church. Twenty-fourth and Kinney streets, on Tuesday evtning on "Ireland," AFFAIRS AT SOUTH OMAHA Council Meeting This Eveniig Will Be a Host Important One. MISSOURI AVENUE PAVING TO BE ORDERED Start Will De Made on One Bis; Public Improvement and Many Other ' Matters Will De Given Attention. This evening the city council will meet and pass the Missouri avenue paving ordinance. This ordinance will have been published two weeks and will be passed JusT as soon as the clerk reads It the third time. This ordinance provides that the street Is to be paved from Thirteenth street to Twenty fourth street with vitrified paving block, laid on a concrete base., Under this ordi nance two-thirds of the cost of this Im provement will be paid by the city at large and the balance by the abutting property owners. As soon as the ordinance is signed by the mayor the city clerk will be directed to advertise for bids for the paving and grading. The curbing contract has already been let. When let the contract will call for the completion of the work In ninety days and It Is thought that if work cin start soon after April 1 that this can be accomplished. Mayor Koutsky will send In names of vot ers to All vacancies on the Registration board, which meets on Saturday of this week for a revision of the rrglstration. Ar rangements are now all completed for the election to be held on April 4. Three mem bers of the Board of Education are to be chosen and the park and city hall bond proposition Is to be submitted to the vot ers. There Is a possibility that the council may permit the voters to suggest a prefer ence for a site for a city hall building, but such a selection would be no ways binding on the council. So little interest is mani fest In the bond propositions that it Is fig ured that the vote on these propositions will be light. Judges and clerks of election will be re quired to fill out forms giving the total vote on School board candidates and the vote on the bond proposition as soon as the bal lots are counted and to get these returns to the office of the city clerk Immediately after the total Is known. By doing this the people will be given the returns before midnight. Knale Lodge Club Rooms. Aerie No. 154, Fraternal Order of Eagles, will establish club rooms at the Eagles' hall, Twenty-sixth and N streets, about May 1. This was decided at a committee meeting held yesterday. Four room on the second floor of the Hunt block, where the lodge has headquarters, have been rented. There Is to be a parlor, reading roonr buffet and bath rooms. According to estimates made the furnishings of these rooms will cost nbout $870. Decorntors will start to work shortly after April 1 and the rooms will be decorated and furnl.hed nicely. WI1 llnm Wright will most likely be chosen as steward and he will have an assistant and a porter. It Is thought that It will take at least a month to fix the rooms for oc cupancy. .The South Omaha aerie now has 600 members and there Is quite a large bal ance In the treasury. The club rooms will be used by members only. neo-ntnr Snrlnsr Vacation. All classes In the public schools will have one week's vacation, commencing today, with the exception of the high school. Thin la tho time for the regular spring vacation. Owing to the high school moving to Its new building the high school was given a vaca tion a couple of weeks ago. The vacation at this time will enable a number of teach ers and principals to attend the nineteenth annual meeting of the North Nebraska Teachers' association, which Is to be held at Norfolk, Neb., on Wednesday, Thurs day and Friday of this week. J. A. Mc Lean, superintendent of schools here, Is president of the association. The schools will close on June 2 for the summer vaca tion. nrprlse Waa Complete. Members of the Lotos club gave a sur prise party to .Mr. and Mrs. H. C. Richmond at their home on North Twenty-fourth street Saturday evening. The Lotos mem bers came In a body, accompanied by an express wagon laden with chairs, tables and well filled baskets. Then they took possession and played "500" until a late hour, concluding with the presentation of an elegant rocking chair and center table, the acknowledgement of which was made by Mr. Richmond In a felicitous speech. The visitors were Messrs. -and Mesdames John M. Tanner, E. D. Munshaw, C. A. Melchor, H. D. Moseley, W. S. King, H. El Tagg, W. W. Fisher, J. A. Cavers, J. G. Kelly, Dr. and Mrs. E. L. Delanney, Miss Parkhurst and Dr. Marcus King. Magic City Gossip. Robert B. Montgomery was reported to be some better yesterday. Fred H. Meyers of Chamberlain, 8. D., Is here visiting Colonel J. G. Martin and others for a few daya. O. I.. Reeman, with the Rock Island road at Des Moines. Is spending a two weeks' vacation here with friends. The Misses Grace and Ethel Dobba have returned to their home at Suit Lake City, after spending a month with friends here. The republicans will hold a big rally at Workman temple on Tuesday night. Can didates for the Board of Education will speak. L. L. Rushing, a prominent stockman locnted at Rawlins, Wyo.. left for home yesterday alter visiting friends for a few days here. Washakie tribe No. 39, Improved Order of Red Men, will meet Monuuy evening at Masonic hall for the transaction of some Important business. Fred Garlow came down from Elm Creek A DANGEROUS HABIT Gladstone's Physician GlTea Warning; Against a (ironing American Cus tom. The growing habit amongst Americans of taking a mint tablet or some other so called digestive after eating a hearty meal, U something that Sir Andrew Clarke, Mr. Gladstone's physlclun, advises strongly against, saying: "It is absolutely danger ous to take into the stomach remedies which are popularly supposed to old In the digestion of food." , There is nothing known to the science of medicine that can perform the work of the human stomach. Drugs do not and cannot digest the food. They simply de compose it. What can be more revolting or disgusting than the thought of taking something into the stomuch that is going to turn the good food you have eaten into a mass of corruption. The only wuy to overcome Indigestion and Its evil effects Is to remove all irrita tion, congestion and inflammation from the stomach, liver and intestines, and Ml-o-na is the only agent known that will do this. When a Ml-o-na tablet is taken before each meal every trace of Irritation and In flammation is removed from the stomach and digestive system, and thoae organs will extract from the food all that goes to make good, rich blood, firm muscle, ats&dy nerves and a sound, healthy body. If you suffer with headaches. Indigestion, flatulency, spots before the eyes, vertigo, or dlzslneVi, palpitation of the heart, sleeplessness, or any stomach trouble, get a Itfty-ccnt box of Ml-o-im, from Bhermau & McConnell, one of our most reliable drug linns, whose faith in the remedy is shown by their offer to return the money if Ml-o-na dues nut give complete satis-taction. yesterday with three cars of sheep. Mr. Oarlow Is well known In South Omaha, having resided here for a number of years. The police are still looking for Rlrd Lell, colored, who is supposed to have fired the shot that broke bones In one of Ed Webb's lees at a dance on N street Saturday night. Frank U. HHgln. who has served an a mall carrier here for alioiit four years, has tendered his resignation to I'ost master Fiter. Mr. Hagln proposes gojng Into busi ness at Ansley, Neb. Rev. M. Carlson of Stromsburg and Rev. R. Ofback of Rristow, Neb., will hold evangelistic services at the Swedish Bap tist church; Twenty-second and K streets, every evening this week. M. Takryama, a Japanese employed at Cudahy's. was arrested yesterday after noon for shooting Inside the city limits. The Jap was shooting at a mark at For tieth and L streets wnen gathered In by a policeman. DR. R. V. PIEKCK IS VINDICATED. Maa-aalne Publishers Acknowledge Their Inability to Substan tiate (barges. Dr. R. V. Pierce of Buffalo, whose "Golden Medical Discovery" and "Favorite Prescription" have established themselves jn the patent medicine field ns remedies of extraordinary merit, has every reason to feel highly elated over the outcome of his suit for .xKi,0G0 damages iigainst a well known periodical. This publication de clared in a recent lsue that Dr. Pierce's remedies were not all of what they were represented to be. Now that the doctor has brought this siat for damages, the publication haa come out with an article in which the publishers acknowledge that they had absolutely no proof of their statements. PRETTY COMPLIMENT. Comley's "History of New York State" hus this to say of Dr. Plercei "Every nation owea everything that dis tinguishes It as an Individual nation to the few men who have had the couruge to step beyond the boundaries prescribed by pro fessional tradition or social custom. "Of this class of men the medlcul pro fession hus furnished a distinguished ex ample In the successful and Justly cele brated physician, Dr. R. V. Pierce of Buffalo, N. Y., and any history treating of the Industries of the Empire state would be Incomplete without a sketch of hla earnest and useful work. "That his success is real Is evidenced by the fact that his reputation, as a man and physician, does not deteriorate; and the fact that there is a steadily Increasing de maud for his medicines proves that they are not nostrums, but reliable remedies for disease." BUSY INSTITUTION. Dr. Pierce has a large laboratory in Buffalo and a hospital for the treatment of various ailments. The place is full at all times, and treatment Is given by the best of graduated specialists. The doctor Is not only one of the principal manu facturers of patent medicines in the coun try, but he Is one of the greatest ad vertisers. He knows that to deal prop ertly with the public It is necessary to let the public know you have something that Is needed. Human nature Is very contradictory. A merchant advertises his business, and It Is all right. He has 1 silks he Is selling fur 64 cents; but if a doctor undertakes to tell the public that he has a new remedy for a particular aliment he Is frowned upon by the other doctors. When a man has some thing he knows is good he can't expect to sell It unless he lets the public know about It, too. Fake advertisements carry a business for a shc-t time only. Lincoln was right when he said: "You could not fool all the people all the time." A busi ness which, like Dr. Pierce's, has stood the test for 40 years, could not have been built u; on fuke advertisements. A. O I'. W. Xotlce. Members of 159 and all members of the A. O. U. W. are Invited to attend a smoker given by North Ohiaha lodge No. 169 at the temple, 110 North 14th street, Wednesday evening, March 29. Grand lodge officers and other noted members will be present. W. II. KELLOGG, F. M. M CULLOUGH, M. W. Recorder. SUPREME COURT SYLLABI 131578. Schwingle against Anthes. Appeal from Clay. Motion tor rehearing overiuled. Per curiam. 13390. early 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 eftectuated. Holeomb, C. J. 1. In an Interlocutory order entered on a former appeal of this case considered and held not to be res Judicata as to the lighu of tho parties to redeem land from a decree rendered in the action and sale made ill pursuance thereof so as to become the law of the case. 2. The statutory right of redemption from sale differs essentially from the equity of redemption proper, it la usuully self-executing and to enjoy the benefit thereof no pro ceedings are ordinarily required to be had in the courts 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 tne 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 tho statutory right of redemp tion from a decree and a sale of real es tate made in pursuance thereof. 13US8. Jandt against County of Sioux. Er ror from Sioux. Affirmed. Letton, C. Certain live stock In herds was re moved on the 7th day of April from Sioux county, in which It had been situated for three years and where It was legally liable to be listed end assessed for taxation, to Box Butte county, In which It was listed and assessed improperly. The owner paid the taxes In Box Butte county. Held, that these facts do not relieve mm ironi paying the tax properly and legally assessed in Sioux county. 13719. Roberts against Lemont. Appeal from Madison. Reversed and remanded. Oldham, C. .... 1. A valid agreement In restraint of trade m.mt ho ualnhlishpd bv Cleat' H1VI PItlS- factory proof to warrant a court In restrain ing Its oreacn Dy injunction. 2. In determining the validity of a con tract In restraint of trade, the test Is whether the restraint is only such as is necessury to atturd a fair protection to the Interests of the party In whose favor it is given, and not so much to Interfere with the interest of the public. a. A coutruct in restraint of trade, which Is not limited either in time or space, is against public policy and void. 13il. Loomer against Loomer. Appeal from Dawes. Affirmed. Ames, C. L 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 affirmed. 13733. 6luyter against Schwab. Error, Clay. Reversed and remanded with di rections, oionaiu, Where the 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 of the common grantor. 1S739. Furey against Holmes. Affirmed. Letton, C. ,, 1. Where an affidavit in a proceeding to revive a Judgment alleges the existence of the Judgment, the fact that It la unpaid and that it haa become dormant, these allegations are sufficient to Justify the dis trict court In making a conditional order of revivor and upon proper service and default to sustain an order making the re vivor absolute. I. 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 and does not deprive the Judgment of all vital ity. Wright against Sweet, 10 Neb., lfo- 1. In this case the fact that the trans cript of a Judgment In Justice court was filed In the office of the clerk of the dis trict rourt after the Judgment had become dormant did not prevent the distric t court from acquiring Jurisdiction of proceedings to revive the Judgment. 137,0. Nolde against Gray. Error, Clay, Reversed. Oldham, C. 1. In an action by a vendee to recover damages for breach of contract to con vey land, the measure of damages la the dlffereuce between the pries agreed to be paid an the value of the land when the breach occurred with Interest. 2. To recover 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. J. Evidence examined and held: Not sufficient to sustain the Judgment of the trial court. 139S. Wheeler against State, ex rel. Clement. Error, Caps. Reversed and dis missed. Ames, C. 1. Statutory amendment and repeal by Implication being exoressly forbidden by the constitution are not favored by the courts. 2. An act of the legislature can deal with no subject not clearly expressed In Its title, hence an act to provide for "in corporation, government, regulation, duties and powers" of a certain class of cities ran contain no valid enactment relative to the powers or duties of a county offi cer. 3. Section R7 of Chapter xix of the Ses sion Laws of 1901 Is void. LTTX Patterson against First National bank. Error, from Richardson. Reversed and remanded. Letton, C. 1. Where a petition Is for money had and. received, the answei pleads payment by check, and the reply alleges facts nega tiving and disputing the payment alleged In the answer, the reply is not inconsistent with the petition and It Is error to strike out Its allegations. But where proof Is ad mitted of the allegations stricken from the reply In error 1s without prejudice. 2. Where a check for tiirO was drawn by a depositor In a bank upon her deposit, payable to the same bank or order. Its In dorsement by the bank and return to the drawer as paid. Is prima facie evidence of the receipt by the hank of the amount evi denced by the check. It Is not conclusive, but It Is open to explanation or denial. S. Wbere a depositor draws a check upon a general deposit In a bank, payable to the bank or order, the purpose being as the depositor claims to fhange a general 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 unon the bank to show that the amount of the chock was paxd at tho 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 be mado by a transfer of credits upon the books of a bank. S. 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 changing her general deposit therein Into a time deposit, and the only controversy whether or not a certain "time check," signed by the president of th bank by his Individual name alone was fraudu lently delivered to her In exchange for the check Instead of a certificate of deposit, or whether the check was paid, t tie money loaned by her to the hank president Indi vidually, and the "time check" given by him as evidence of his own debt. It Is error to Instruct the Jury that before the plain tiff can recover she must prove "not only that tho $150 check was fraudulently pro cured from her, but that the time checks given her were fraudulent," since the plain tiff docs not claim there waa fraud in pro curing the check. 140-.7. State ex rel. World Publishing company against Fink. Error from Doug las. Affirmed at costs of respondent. Ames, C. After a petition for the foreclosure of tax liens pursuant to an act of 1903 en titled "An act to enforco the payment and collection of delinquent taxes and special assessments on real property," hus been filed In the office of the clerk of the dls triet 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 tho publication by the proper official authority. 14114. Henry Kock 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. 1.17J3. State of Nebraska against Gower. Error from Thurston. Affirmed. Ames, C. 1. Whether an Information in quo war ranto lies against f. county Judge who, under color of his office, haa usurped pub lic functions and powers in excess of the Jurisdiction conferred upon him by law. Is adverted to but not decided. 2. When a county Judge dies pending a proceeding against him in the nature of an Information In quo warranto for the al leged usurpation of functions and powers In excess of the Jurisdiction conferred upon him by law, his successor in office cannot noon motion of the relator be substituted as respondent in his stead after the cause has proceeded to Judgment in the district court, and while It is pending here on peti tion In error. 1,1108. State ex rel McClay against Mickey. Original. Writ denied. Holeomb, C. J. 1. A law cannot be established by the certificates of the clerical officers of the senate and house of representatives made after the adjournment of the legislature sine die, for the purpose of authenticating a purported act as one having been duly passed by the legislative branch of govern ment. 2. The bill herein considered, not being authenticated by the signature of the pre siding officer of either branch of the legis lature as required by Section 11, Article 3 of the constitution which provides "that the presiding officer of each house shall sign In the presence of the house over which he presides while the same Is In session and capable of transacting busi ness, all bids and concurrent resolutions passed by the legislature" held, not to have become a law. 13T70. Parrotte against Dryden. Appeal from Buffalo. Judgment of the district court modlfltd. Barnes, J. 1. Where the supreme court nas, in a (DAL MET Baking Powder Tho only high grado Baking Powder sold at a moderate price. Corn plies with the pure food laws of all states. Trust TUktog Powders tell for 45 or 90 cents per pound and may bo iUon tlfted by this exorbitant price Thoy are a menace to public health, as food prepared from them con tains large quantities of Rochelle salts, a dangorous cathartic drug. proper proceeding, declared as a matter of law, that a Judgment of th district court Is valid and can not be collaterally attacked, such holding will ordinarily be treated as the law of the case In all sub sequent proceedings Involving the deter mination of that question. i. A nnai judgment rendered on a de murrer to a uctitlon In equity to obtain a new trial In a former suit, is an ef fectual bar to the prosecution of another action on the same grounds and between the name parties for that punose. . One who obtains a mortgage on real estate while actions are pending which necessarily determine the rights of the mortgagor in the mortgaged premises, with full knowledge thereof, takes it subject to the Judgments that may be passed In such suits, and in case tho mortgagor Is adjudged to have no interest in the prem ises he takes nothing by his mortgage. l.'V92. Carroll against Cunningham. Ap peal. Custer. Reversed and remanded. Ames, C. 1. Petition for the dissolution of an al leged partnership and for an accounting and settlement of partnership affairs, ex amined and held to state a cause of action. 13679. Wead against Omaha. Appeal from Douglas. Reversed and remanded. Letton, C. 1. Under the provisions of section 161. chapter 12a, Compiled Statutes of 19111. known as "Omnha Charter," a board of equalization when properly In session with due notice given acts Judicially and Its ac tion within Its Jurisdiction Is not open to collateral attack except for fraud, gross Injustice or mistake, 2. The provisions of section 164 of the same chapter, "no court shall entertain any complaint that a party was authorized to mnkj and did not make to the city coun cil slttgig as a board of equalization, nor any complaint not specified In said notice fully enough to advise the city of the exact nature thereof, nor any complaint that does not go to the ground work, equity and Jus tice of the tax" do not apply to rases of "fraud, gross Injustice or mistake." 3. "Gross Injustice" within the meaning of this clause must be so flagrant and ex cessive In Its nature as to substantially de prive a citizen of his property or a part thereof without due process of law and be confiscatory. 4. Where proceedings up to the time of assessment by the board of equalization are regular and in Its determination tho board errs In such a manner as to cause an excessive and unjust apportionment of the tax upon a particular piece of property such error as a general rule will not defeat the whole, tax In equity. 6. If such excesses cannot be determined by computation and without proof the court should determine the amount of tax Justly chargeable against the property as nearly as practicable from the evidence produced on the trial and require the payment of the same ns a condition of granting relief against the excess. 13H94. Swobe against Marsh. Error from Douglas. Reversed. Letton, C. 1. The district court has jurisdiction In proceedings to assign dower, 2. The county court has Jurisdiction to assign dower only when the right to dower Is not disputed by the heirs and devisees or any persons claiming under them or either of them. 13713. Bngwill against Wrourhton. Error from Adams. Reversed. Ames. C. 1. Evidence examined and held not to support the verdict. 18718. McDowell against First National bank of Sutton. Error from Clay. Judg ment of the district court modified. Old ham, C. 1. Where an executor In good faith ex pends money for court costs and attorneys' fees In an honest effort to prosecute a claim In favor of his estate he Is entitled to recover for such expenses, although his suit In such behalf may be unsuccessful. 2. But where an executor or administra tor advances money for court costs and at torneys' fees for his own benefit or for the benefit of those whose claims are adverse to his estate, he cannot recover against his estate for such advances. 3. Held, that the pleadings in this pro ceeding are not sufficient to warrant a per sonal Judgment agtilnst the executor. 13719. First National Bank of Omaha against Dyo. Error from Cherry. Affirmed. Ames, C. . 1. It is not error to deny a motion for a eontlnunnce because of the absence of an attorney, if the party making the motion la represented at the trial by other comjitnt counsel familiar with his case. 2. When tho verdict Is the only one that the evidence would uphold, the court will not Inquire with respect to alleged errors occurring at the trial. 137JO. Karmeis State Bank of Central City against Yenmy. Error from Merrick. Re versed. Letton. C. 1. Evidence of collateral fact corrotsira tlve of the statement of one party with re spect to the main bwno Is admissible if confined to such matters as throw light upon the question. The Jury are entitled to know all the circumstances surrounding tho parties with reference to the property at the time of the transaction in order that they may Judge which of them Is tell ing the truth. Blomgren against Anderson, 4i Neb.. 240. 2. A bought elghtv seres of land In M county from H, giving In payment there fore $1.80 In money, paying a mortgage or $118 and conveying a tract of land in C county. In nn ticllnn for false representa tions ns to the condition and value of the lnnd In C county, wherein B testifies that the land was represented to him to be of the value of $Si). and taken by him at sucl value, and A claims that no false repre sfntatlons were made and that no value was fixed upon the C county land, It was error to reject evidence offered to show that the land In M county was only Worth $-',iXI ut the time of the transaction, since this evidence tended In some degree to cor roborate A's testimony. .... 13722. Lull ngnlnst Tender National Bank. Error from Thurston. Reversed with directions. Oldham. C 1. A pleader is not required to anticipate matters In avoidance of his allegations. Lnrsen against First National Bank of Pender, Neb., 92 N. W. Rep., 729, followed and approved. 13727. Loval Mystic legion against Jones. Error from Adams. Reversed and action dismissed. Letton, C. 1. Tho proper registration of a party wall agreement is constructive notice to nil purchasers of the real estate affected by the agreement, and such notice Is as ef fectual and binding as actual notice. 2. Pnrtv wall agreement construed and held that It was the Intention of the pnr tles that the privileges, duties and liabili ties given and Imposed by the contract should pass to all persons obtaining title to either of the lots t'pnn which the wall stood bv trrnnt from tho original parties. Held further, that the agreement Itself operates as an assignment to his grnntee of the clnlm of the builder of the wall for compensation for Its use as soon as that person was designated by his deed. DIED. TILLISON Ann Eliza. March 25, aged 77 vears 9 months 24 days. Funeral services will be held from the residence of her nn, J. W. Tilllson. 2672 Spsuldirg street, Monday, March 27, at 2:30 p. m. Friends Invited. Interment Qulncy, 111. Deceased was . the widow of the late General John Tilllson and daughter of for mer Governor John Wood of Illinois. CAN FIELD John, aged 67 years fi months 15 days, March 211, 19C6. Funeral Monday morning at 10 o'clock from residence, 612 S. 16th at. Interment Forest Lawn. Friends Invited. . -r The Food That Does Good The Cod Liver Oil Emulsion "Par Excellence" (or Coughs, Colds, Influenza, Bronchitis, La Orlp, Sore Throat snd Lungs, Cstarrh, Pneumonia, Consumption aud all Pulmonary Disease!. All Druggists, two sizes, 60c and fl. TRIAL BOTTLE FREE BY MAIL to all sending name snd address to 0Z0MULSI0N CO.. 03 Pine Street. New York 3lr"::,:.;; ,.; T UlTti Attractive Low Rate Lattdseekers' Tickets On April 4th and 18th, the Burlington makes a $15.00 round trip rate to the Black Hills, Northeast Wy oming, Big Horn Basin, the North Platte Valley and Eastern Colorado. Keep Ahead of the Movement now taking shape in the Missouri and Mississippi Valleys "to get hold" of western irrigated lands. Of the seven Governmental schemes now actually under way for irrigating western areas, one of them reclaims 200,000 acres adjacent to this road in the North Tlatte Valley, the other reclaims 200,000 acres adjacent to this road in the Big Horn Basin. You have this land from the Government under the Homestead Law aud pay for the water just what it costs the Government to put it on the land. Th3 cost is divided into ten equal payments, ex tending over ten years, without interest. The Government work will take from 1 to 3 years in development. In the meantime, well irrigated tracts, under private enterpririe, may be bought in either locality at approximately $25.00 an acre. Write for special folder and names of reliable agencies wit'j whom to deal . Low One-Way Settlers' Rates to the Far West and Northwest, Including Montana, Washington, Oregon, Puget Sound Country and California In effect daily until May 15th. Daily Through Tourist Sleepers to California Those from Omaha Thursdays and Fridays are personally conducted. To the Northwest "The Burlington-Northern Pacifio Expresa" is the joint, through train and time saver to the whole upper Northwest region, in which Colonists in great numbers are now seeking homes. All these liberal rate inducements offered by the railroads for the settlement of the West should arouse interest in the over crowded eastern country. Write for rates, descriptive matter and information, curefully stating just what you want to know. L. W. WAKELEY, General Passenger Agent. 1004 Farnam St., Omaha. v