Newspaper Page Text
THE OMAHA SUNT) AY BEE: MAY 2. 1000. i OFFERED FOR RENT unices 'nllnaea. LARGE ROOM. 22x70. on aornnrl floor, well lighted and ventilated, steam heat and all modern conveni ences. Inquire at 1212 Farnam 8t. (16)-M784 4 FOR RENT Store room. No. 316 8. nth Si , Rx). Will remodel to suit tenant, 'Phone V Red 8252. . (1S)-M548 3x STORE FOR KENT. Two-story and basement brick building. 33 feet by 132 feet, Ht 1116-ls Douglas St.. with electric elevator, trackage. O C. HKD1CK, 1517 Farnnm St. (15)-M7X5 4 BCAROO Plk., South Omaha, 520 N. 24th. Hall, 433 Hamgc llldg., both phones. (ID) 668 v BRICK store and busement, pood for nwv i " Inn picture nliow. N. 24th Ft. Thos. W. Hasen, 16 8. lhth. Thone Douglas 1.1D0. (15)- OFFERED FOR SALE ROLL-TOP desk and other furniture, cheap. 939 N. 24lh 8t. 1) M776 8x WANTED to pell household goods, dishes, sewing machine, etc.; house to rent. 2114 Burt St. (lfi) M582 3 FOR BALE Dining table and aldeboard. Call 1W7 Lothrop. Tel. Webster 24H3. (18) M777 5x FOR SALE. Handsome black walnut bedroom net; mar ble top dreader and w-ashstand,. hall tree. Inquire at 2430 Franklin St. (16) M732 2x Type write nr TYPEWRITERS Any make; all price; Sold and rented, rent applied; eaay terms; shipped anywhere for examination. Write for large bargain Hat and offer. H. F. Swanson Co., 417 8. luth 8t., Omaha, Neb. (11) 813 TWO TYPEWRITERS in good condition, U t sale cheap at tio2 Bee Building. (KD-M774 3x - MiseellaMeous. U8ED bicycles from 14 up. 20 per cent discount on new wheel during April. II per cent discount on 2V horse power ''Light" motorcycle during April. Re pairing a specialty. L. Flescher, 1821 Capitol Ave. G6) 366 May WE HAVE on hand a number ot Ink barrels which we will sell at 60a each. They are fins for rain water or ashes. Call at pressroom Bee Publishing Co. . U6)-277 FOR SALE New and Id-ban billiard ana pool tables. W lead the world In cheap bar fixtures; eaay payments. Brunswick Balko Collender. 401 8. 10th St 06)-l DRUGS at cut prices; freight paid on all 110 orders; catalogue free. Sherman A IcConnell Drug Co., Omaha, Neb. U6)-e06 REMINGTON typewriter No. 8. first class, M. People's Loan Co.. 1623 Farnam St. wum FOR SALE Some four and five-ton stake frays or would sell whole outfit. Address lock box 485, Sioux City. Ia. (16) M602 TENTS AND AWNINGS. Order now before the rush begins. 'Phone us for estimates no charge. Omaha Tent and Awning Co. 11TH AND HARNEY 8T8. DOUGLAS 883. U)-M3S7 May fSODA fountains, new and secondhand; monthly payments. Dertght. 1818 Farnam. (16) H TUB OLD TRUSTY Incubators. For low Special prices, freight prepaid 60 days' free trial. Write the Old Trusty Incu bator Co., Clay Center, Neb. (16) 840 SEND us your mall orders for drugs; freight paid In 110 lots. Myers-Dillon Drug Co., Omaha. (16) 60S FOR BALK Cash register and scale cheap. Address O 405. care life. (16) 564 "SMELLK1LLER" The odorless disinfec tant death to germa; prevents Infection In households, chicken coops and In the horse, cow and pig stables; doctors rec ommend It; easily used; circular free; trial quart bottle sufficient for ten gal lons of disinfectant, $1.60, prepaid; send 25c stamp for sample bottle; agents wanted. George Scheer, 407 Blooinfield St., Hobo k e n. N. J. ( 1 . 7 0Stx 0S1 EOPATHY JOHNSON INS.. 41U N. Y. L. Tel. D. 1664. (6)to Dr. Katheryn Nickolas. 608 N. T. L. Bid. PATENTS D. O. BARNELU I-axton ilk. Tel. Red TUI. UI oK H. A. 8TURGE3, Atty. N. Y. L. Tel. D. 349 (17) Mi.il May9x PATENTS THAT PROTECT Three books lor Investors mailed on receipt of tic post age. R. a. and A. IS. Lacey, rooms 28-41 Pacific Bldg., Washington. D. C. Estab lished lKs. (17) U PERSONAL r'BlNCiEB. rubber goods, by mall; cut r.ic. bend for tree catalogue. Myers Dillon Drug Co.. Omaha (18) 614 MASSAGE PHOF. Q K. DINJ1AN. EX H;HT MASSEUR. For ladles and genii. Iben. If tlrew languid, from lack of clrcu I ' Ektlon 'Which nun: iiidigusuuii, cuunilpa lion, torpid liver, rheuoiatiam and chronlo troubles, try Oriental massage. Thorough hand work. Face and scalp treatment; 6 yrs. In Omaha at 4w Bee Bldg. Ijoug. 4u,iS. tilt) 417 iiy4 THE BALVAT'.ON ARMY solicits caatorf Clothing; In tact, anything you dj nut used. We collect, tapair and sell at Lit fc'. Uth St.. for cost of collection to the worthy cor. Call 'phone Douglas and wagon will call. U8)-785 OMAHA Stammerers' Ins., Ramgs Bldg. (18) uU DRUNKENNESS DRUG HABIT, cured to stay cured under positive guiuaiurs Write the Ensor Remedy Co.. Dept. O, South Omaha. Neb. tiS)-MS82 11U MAdNTIO treatment. Mme. Smith. MAUiilU 6sa ltxh, third floor. (18) &f . A HOME for women during confinement. We find homes for babies where moth ers cannot care for them. Babies boarded. Mrs. Martha A. Lee, 401 Ban croft bt. 'Phone Douglas 1921. (14)-M4J6 May7x PRIVATES bom during confinement; babies adopted. The Good 6amaritan San itarium. iiO First Ave., Council liluUs. U. (1)-MJ WANTED Congenial roommate to share large room, beautifully furnished; large closets; excellent board; centrally located. For rateu and particulars aditresn A-443, care Bee. US) M668 !x r tnxtPTIll Electrto vtbratoiy. 1 8. lUAUiimiujeih. room X. Fourth Floor. Old Boston btore. (Is) (HI MayU YOl'NO WOMEN romlr.g to Omaha ((rangers are Invited to visit the Young Vomen'e Christian association. 17th and Howard Bta.. where they will be directed to suitable boarding places or otherwise assisted. A deaconess representing ihs association meets trams at tne L'nlon si a tlou as travelers' aid. tlS)-2 SOFT W ATER Aand Laundry, 2So and 3Ac per don. Bundle washing wanted. Webster 4472. (18) Mile 3 TRANSLATED French novels (seme Illus trated), actresses' photos; catalogue with samples, 2nc; letter pootage. 5c. G. Ar thur. 8 passage Giana, Mnnte Carlo, r ranee. tlS) MTU zx WONDERFUL NEW DISCOVER Y-8lop Old age. changes skin of old to youth removes wrinkles, moles, warts, blem In lies, full Information. Bushong Co., 1764 ti. 88, II. Cleveland. O. t Is I 631) 2x SUPERFLUOUS HAIR, warts and moles permanently removed bv electricity; con sultation free and confidential; all work guaranteed. Miss Allender. Bee Bldg, (1S- PERSONAL (Continued.) HALL'S safes, new. 2d-hand. 1818 Farnam. (1S-1 I GROW hair, or pay Jim. Write, stat ing trouble. Dr. Chance, Scalp Splali. K 3t5 Syndicate Arcade, Minneapolis. Minn. (1S 8oD. good blue gtaf, several acne, north part, oiir Fort Ft., and In northweet, nr Krug's. HEAL KrtTATE TITLK-TRt'ST CO.. Ground Flior 12.l Farnam St. Ui)-M744 2 POULTRY AND EGGS S. C. R. I. Red eRga for hatching $1.60. Chicks 20c each. First prize cockerel, Ne braska stale fair lion, heads my pen. It. 11. Sawyer, llaymond. Neb (ID M942 MSx COL. WYANIX1TES Won 2d on pen at state show; 1st cock same show In my first pen; ftne laying strain; stock for sule. Mrs. it. J. Catterson, Sutton, Neb. (ID-M0J6 14x S. C. RHODE ISLAND RED EGQSJ-For sale at $2 and $3 per 30; cock score !-. and pullets lurgc and even color. Mrs. Bcrthelda Nettleton, Benedict, Neb. (ID M627 14x BARRED Plymouth rocks, money makers; choice vigorous stock. Selected eggs, 100 for 84; 60 for 82.50. Safe delivery and satis faction guaranteed. Adam A. Weir, Clay Center. Neb. (11) Mll MSx BUFF ROCKS cockerels $1.50, Mammoth Pektn ducks $2, per trio $6. Eggs In sea sonRocks $160 per 15. Pekln $1.26 per . Mrs. A, J. Pollack, Kt. 4, Wlsner, Neb. (11) M943 M8x B. C. BLACK MINORCA eggs for setting. $1 for IS. Tel. Harney 3322. (1UM&92 M2x WHITE WY AN DOTTES Winners at Ne hrsska state show; score M to Vdi by Thompson. Eggs $1.60 per 16, $2.60 per 30. L. T. Killer, Ulysses, Neb. (1D-4W944 M 8x ENGLISH Ring Neck Pheasant ergs for sale at very low prices. These ure very fine birds and easy to raise. For par ticulars address, H. II. Ostenberg, Malino, Neb (11) AUK) 4 FOR SALE Twenty pairs of mated homing pigeons; will ship to any point. Apply to It. J. Walsh, Benson, Neb. (ID 458 Sx FINH Barred Plymouth Rock eggs, $1.50 per 16; 86 per 100. Partridge V yanilottea, $2.60 per 16. Correspondence solicited. Ahlqulst Broa., Box D 2o9, Omaha, Neb. , (11) M584 ZX BUFF ORPINGTONS Baby chicks p.nd eggs. Ask lor prices, uig winter layers. Prewltt, Box 628, Onawa, Ia. (ID REAL ESTATE LOANS WANTED City loans and warrants. W. Farnam smitn t -o., varnam Bt. 22)-82S SECOND MORTGAGE loans negotiated. Apply KOom 4H-13 rirai nan uanK Biclg. Bell 'phone Douglas 2318. (22) 2( Sperlnl fund to loan In amounts of $'00 to H.rtwj oil inipiji'u icni e.muto. see us before the fund Is all loaned. GARVIN BROS., 1604 Farnam St. (22) MTC6 11 WANTED City loans. Peters Trust Co. PRIVATE tnony to loan. J, H. SherwocxL PATNB, BOSTWICK CO.. N. Y. Ufa. Mvatai ennnAV at'Jsfl g K iVsfi ..a. a a ea v aMVM wm wv bv,vw auw (22) 633 Good 6 Farm Mortgages Always on hand and fo al In amounts from ,300 to $3,000. BENSON & MYERS, (22) M659 3 MONEY TO BUILD. $!SO0 to $00,000 at current rates. - ' W. B. THOMAS, 60S First Nat 1 Bank Bldg. (22) Ktf LOWEST RATES Be mis. Brandeln Bldg. (2D-627 $100 TO $10,000 made promptly. F. D. Wead, Wead Bldg.. 18th and Farnam. '.22) 628 FIVE PER CENT MONEY te loan on Omaha Business Property. THOMAS BHENNAN. Rsom 1. New York Life Bldg. (2f)-43 $600 to $200,000. lowest rates, no delay. Quvlo Bros.. 1604 Farnam. (21) 4U 600 TO $5,000 on hornet In Omaha. O Keefe Real Estate Co., 1001 N. Y. Life. Doug, or A-2152. (21)-7 MONEY TO LOAN-Payne Investment Co. (22 U4 STOVE. REPAIRS NEW furnaces, hot water and hot air com bination heating, i and 4-hole laundry hot water heaters,, mantle grates, gas etoves repaired, water fronts and flowei vases. Omaha Stove Repair works. 1208- 1208 Douglas St. 'Pkjoues lad. A-3S21; veil, uougias ybu. WANTED TO BORROW 7 to I PER CENT on real estate (1st) mtges., Omaha. If willing to accept re payment In regular Inatallnicuts (this con stantly strengthens the security), write for particulars and Interview. Amts. $8e0 to II. aw. Up to .U).uu can be placed In next 12 month, tlo.uou to $12,000 now. TliU la a bona fide advertisement of responsible business man with bunk references. An swer In business confidence. Address W, 408 Bee. (24) M74i 2 WANTED TO BUY HIGHEST prices for secondhand furniture, carpets, clothes and shoes. Tel. Doug. JWL (15,W BEST price paid for secondhand furniture, carpels- stoves, clothing, shoes. Tel. Doug. $401. (2)-S41 The Practical Auctioneer. 84$ N. Y. Life. 26)-3j0 STANDARD upright piano. Phone Web ster 8726. (ij M&S6 FURNITURE DELIVERY WAGON, for one hore; must be I11 good repair apd a bargain. Address Box M. Bancroft. Neb. (2o) Mi24 2x WANTED Four good, common work horses, to weigh not less than 1,'JuO lbs. each; state age, price and address where they can be seen. Aildreos S 37a, care Bee. ('-& M497 3 BEST prices paid for 2d-hand furniture, clothes, shoes, etc. Tel. Douglas 4X5. (la) 811 May 23 WANTED To buy a second-hand Excelsior motor cycle In good condition for cash. Lock Box 50, Kearney, Neb. (25) Xli.NS 2x 7-ROOM HOl'SE, north part of c.75, on bevhooni down stitrs. C 48 B-e. l25 Mill) i WANTED TO RENT MARRIED couple wants three or four rooms for light lioukeepliig V private family. Hanseom park district -preferred. References exchanged. Tel. Harney 3M4. () M"iuO 2x FURNISHED home of 8 or 1 rooms. In West Farnam or H unw orn Park dlstrh t. modern. Will lease for a year; rent reasonable. Address B 444, care He. (20) M'8 Ix D. C. SCOTT, D.V.S. (Successor to Dr. H. L. RamacclotU.) ASSIST AaTT STATS "rt""')l Office aad Hospital. 8810 Haaoa Stoee. Calls Promptly Answered at All Hour. Taeaa Office Karnsy e7. kaj. SwaejUa ewtUs. OClal,.! . 100 Profit Guaranteed If you have $100.00 or $10,000.00 to invest it will pay you to investigate this proposition. YOU WILL BE GUARANTEED UNCONDITIONALLY A PROFIT OF 1007p ON YOUR INVESTMENT IN THREE YEARS. This is a gilt edge, conservative, safe in vestment for which we eurt the most thorough in vestigation. We only need $15,000.00' and when this amount is secured this unusual opportunity will be gone. You will never again have an opportunity like this, bo aot at once. Best of bank referents furn ished. Address IT. 365 Bee. REAL ESTATE TRANSFERS Ida J. Talley and htiaband to J. F. Hnyoer, lot , dioox a, ruuoyon Hetghts $ 360.00 G. J. Morris and wife to Viola E. Knox, east 40 ft. lot 8fl, block ti Jerome Park and south 20 ft. lot 10 and nortli i ft, lot 11, block 1, Van dercook Terrace 1.00 J. I. Case Threshing Machine Co. to Phillip Llbliardt, lot 17. diock aa, Albright Choiee 1.00 Fred S. Vaverka and wife to J. M. Kroupa, lot 19, and aw Vs lot 8, block 8. Rlvervtew Park 1.800.00 Homestead Co. to L. D. Harrison, lot 867 to atiO. Homestead .tH Same to Frlty Jacobs, lot 840, same 112.64 Same to F. B. Crane, lots 391, 892 and X)3. same sa.M Same to Aug. Schmltt. lot 387. same 1.68 Surne to J. C. Herricks, lot 372, same i:.32 ime to R. T. HaseU. lot 22". same pw.iu Same to Floyd Cockrell, lot 218, same 185.00 S.ime to G. W. Cunningham, lot 108, name Ai.in Same to Geo. Oalentlne. lot 174. same 116.28 Same to H. C. Wagner,-lots 22 and 23, name wo.iu Richard Scannell to Peter Verbickl, ot 6. b ock 4. St. Mary's addition 200.00 E. A. Phillips and wife to Mary L. Hons., iwts lots s ana 4, diock id, Patrick's 2d 750.00 Elizabeth Kountse Real Estate Co. to Claus Schaub, S27.8 ft. lot 3, block 1. Kountze Place 750.00 Benjamin Futsom and wife to Bessie Freed, lot 2. block 4. Redlck Park 400.00 Continental TruBt Co. to J. C. Reeves, lots 1 and 4, block 10, Kountze and Ruth's addition 8.500.00 Jas. Caihroe and wife to M. E. Arn old, lots 4 and 5, Sub. of Fort View Annex I 500.00 C. D. Armstrong and wife to Rernlce B. Clark, lot 6. block 2. tteea s oin d,i.uv Portsmouth Savings Bank to Eugenie M. Earle, lot 18, block 118, Dundee Place 2,450.00 Jennett O'Brien and husband to C. H. Wlthey, lot & and eVs lot 6, block 10 Kountze Place 4.200.00 Parkway Real Estate Co. to Kdlth Hansen, lot 6. block 2, tjartnae aw.w) G. T. Morton and wife to Gua Blom- nulat. lot 9. b ock 3. Creston 3o0.C0 H. J. atlger a.nd wife to E. L. John- . son. lot 19. block 20. Wilcox 2d.... 6.000.00 C. F. Hastings et Al to August Wllko lot 9. block 4. Heed's 3d 4W.W Barker Co. to Monica L. Dillon, south 42 ft. of sod. lot 30. and east 182 ft. Bub. lot 25. tux lot 5. 15-10-13 1.00 C. W. Martin and wife to Lizzie L. Lenton, west 40 ft., lot 10, 1st addi tion to Forest Hill 6.000.00 James Corr and wife, to George 8e- gard. lot 10. block 2, Lowes Hub.. Z.oOO.OU John A. Crelghton Real EBtate & Trust "o. to F. Al. Hcnroeder, lot 12. block 1. Creighton's 1st addition 600.00 Annie Weir and husband to J. A. C. Kennedy, lots 8, 4 anil 21, block 6, Walnut Hill 1.00 State National Rank of Cleveland to F. W. Parr, lot 47, Inox 150.00 John A. Crelghton Real Estate & Trust Co. to Theo. lHn&cson, lot 14, block 1. Creighton's 1st addition.... 600.00 A. J. Nodi-tin and wife to Frank 11a- dill. Jr., and wife, lots 1, 8 and 3, block 3, Persons & Berry's addi tion 2.000.00 C. O. Nownes and wife to J. E. Stormer, north 35 ft., lot 9, block 3, McGavock & O Keefe's addition.... 2.000.00 Lorenzo Litton to Herman Cromwell, lot 3. block t. Kountze 4tn i.ou I. F. Baxter to Mamie C. Baxter, lot 12, block 2, Plalnvlew 1.00 Omaha Safe Deposit & Trust Co. to Thos. Hoctor, lot 15. block i. Jot ters addition 700.00 Elizabeth Kountze Real Estate Co. to F. H. Davis, undivided H of s4, lot 1414 Millard ti Caldwell's addition 750.00 John Hallenbcck and wife to J. C. Reeves, 2 acres in seVi no4 section 9-14-10 1.00 IL K. Gaylord et al to Preston Reeves, a acres In s4 neV 9-14- 10 6.00 County Treasurer to Wm. Fleming, lot 23, mock A Saunders & Jlime baugh's addition Total $47,938.40 RAILWAY TIME CARD UNION STATION lOTH AND MASO rnloa Pacific Leave. .a 8:55 am .a 3:&0 pm Arrive, a 1:40 pm a 6:00 pm a 9:20 am a 6:00 pm a 8:50 pm a 6:45 pm a 6:45 pm a 4'45 pm. a 7:06 am b 1:40 pm a 2:45 pm a 8:00 am on trains Overland Limited Colorado Express Atlantic Express , Oregon Express a 4:10 pm Los Angeles limitea....siz:Mi pm Fast Mall a 9:20 am China andtapan Mail. .a 4:00 pm North Platte Local a 8:15 am Colo. Chicago Special... al2:10 am Beatrice & Stromsburg Local D12;40 pm Valley Local (motor, via Lane Cut-Off) al0:O am Valley Local (motor). ..a 6:30 pin Local passengers not carried Ncs. 1 and i. Wabash- ' Bt Louis Express a :30 pm a : am tit. Louis Local (from Council B utts) a 8:00 am Etanlierry Local (from Council Bluffs) b 5:00 pm Illinois eatral all:lS pro bl0 :16 am a 8:46 pm a 8:80 am Chicago Express a 1:15 am Chicago Limited , s pm Minn. -St. Paul Express.b 7:16 am Minn. -kit. Paul Limited. a 6:00 pm a 8:30 am Omaha-Ft. Dodge LYal.a 4:16 pm all JD c Ckleaco, Rock Islaael a Paelfle 1 EAST. Chicago Limlta-1 a 8:00 am Iowa i-ocal ...a V:uO am Kocky Mountain Ltd. ...a 3:00 am Dee Moines at Eastern.. a 7:00 ain Des Moines Passenger.. a 4:0e pin low a Local bll:uu ant Chicago Eastern Ex.).. a 4:40 pm Chicago Flyer a 6:08 pm all:(4 pm a 4 ft) pm all:0 pil) a 4 tu pm al2 $0 pm b :io pm a 1:10 pm a k.le am WEST. Rocky Mountain Ltd...all:12 pm a 1:60 pm Culo. ec Cal. Expre.. l .ai pm a : pm Oal. A Texas s-xprea..a 4.4u pm a l:u) uiu Ikltsgwi aiiitmiKM A at. raai Chicago & Colo. Special. a 7:26 am all:6i pm Cal. at Oregon Express. a 8:00 pnr. a 8.86 pm Overland Limited a t 58 pm a 8:a) am Perry Local b 6:16 pm bli:85 am Chicago Great Western. St. Paul-Minneapolis.... i.io pm 8:15 am ht. Paul-Minneapolis.... J;)m k:zu pin Chicago Limned 6:10 pm :lo am MUaourl Paellle s K. C. Bt. L. Express.. $ 00 am a T 08 am K. C 8u L aapr-as..aa.l6 put a 4 pm Chicago si or U. western Chicago Dayhgnt a 7: am all 48 pm Tain CU.v Express a 7:e am alO 8U pm Chicag-. Local all.) am a 8 a pm fiicjx City Lvcal a 8:48 pm all .80 am Ch.cago Local a 4 Jo pm a k:lu am Chicago Special a 6:u2 pip 8:22 am MlniieHota-Dakota Ex.. a 6:46 pm a 9.80 am Fast Mall a $.88 pm Twin City Li Billed a 9:00 pm a 6.U0 am Los Angeles Limited. ...a 9:10 pm aU:26 pro Overland Limited alO.eu pm a s .88 am Nebraska and Wyoming Division Norfolk-Btmesteel a 7:46 am n I to pm Lincoln-Long Pine a l:4U am alu.86 am Den d wood-Lincoln - a 1:00 pm a 6 20 pm Casper-Lander ..........a l:u pm a t.j) pm Frsmont-Alblon b 6:30 pm b 1:36 pm HastUura-Buperlor b $. pm k 6JW pat CONTIW'D BCRLINOTOS ITA. lOTH A MASON Barltag-ton Lhav. Arrive, a 3:45 pm a 3:45 pm a 6:10 pm a 9:08 am a 6:10 pm al2:ll pm a 6:10 pm b 9:08 am a 7:60 pm bl0:20 am b 1:06 pm e 2:40 pm a 7:06 am all:46 pm a 3:56 pm a 8:80 am all:80 am all:80 am a 6 :90 am a 6:10 pm Denver A California.. ..a 4:10 pm Northwest Special a 4:10 pm Black Hills a 4:10 pm Northwest Express ,...al2:15 am Nebraska points a !:4o am Lincoln Fast Mail b 1:20 pm Nebraska' Express a 9:16 am Lincoln Local Lincoln Local Bchuyler-Plattsmouth ..b 1:06 pm Bellevue-Plattsmouth Plattsmouth-Iowa b 9:18 am Bellevue-Plattsmouth ..C12:S5 pm Denver Limited a 4:10 pm Chicago Special a 7:28 am Chicago Express a 4:20 pm Chicago Flyer a 6:30 pm Iowa Local a 9:16 am Bt. Louis Expreea a 4:40 pm Kansas City at St. Joe..al0:46 pm Kansas City St Bt Joe. a 9:15 am Kansas City & St. Joe.. a 4:40 pm WEBSTER BTA. 18TB ec WEBSTER Chicago, St. Panl, Minneapolis Omaha Leave. Arrive. Twtn City Passenger.. .b 6:30 am b 9:20 pm Sioux City Passenger. ..b 2:00 pm bll:66 am Sioux City Local c 8:46 am c 6:20 pm Emerson Local b 6:56 pm b 9:10 am Missouri Pacific Auburn Local b 1:60 pm bll:80 am a Daily, b Dally except Sunday, o Sun day only, d Dally excett Saturday. BELIGI0US NOTES. According to the records of the building department for ten years paht, more money waa put Into places of amusement than in church buildings in Now York City. Mrs. Elizabeth F. Noble of Mansfield, Mass., whose will has juat been made public, left $10,000 to the Midnight Mission of New York, and the same amount to build drinking founts for horses and dogs In the streets of Now York. Dean Joseph G. IL Barry of Nashota House, Wis., Just callod to the rectorship of the Church of Bt. Many the Virgin, New York City, was born In Middle Hadi dam; he Journeyed to the jirleathood via Wesleyan university and the Berkeley Divinity schoul. Dr. FtbjicIb E. Clark, national president of the Christian Endeavor union. In a talk before the Nashville Christian Endeavor union at Nashville the other night, ad vocated' the coalition of the Christian En deavor union with the Epworth league and the Baptist Young Peoplo'b union. Verily, It paye handsomely to advertise even a church. The Congregational Church society of Wakefield, Mass.. has found this out. On February 21 the church was burned and the members set about getting funds for a new one. Recently they Inserted the following "ad" In thlr local papers: "Wanted Thirty thousand dollars to re build the Congregational church destroyed by fire February 21. SubacrlptliKis re ceived Sunday." On Sunday last gifts amounting to $23,000 were received. Prof. George A. Ooe of Northwestern university, who has been elected professor of practical theology in Union 'meolog-.cai seminary, New York, has held the John Evans chair of philosophy In the Kvanston Institution since 1X93. He was graduated from the University of Rochester In 18X4 and front Boirton university In 1887. A monument to Barbara Heck, the mother of Methodism In America, aa she is sometimes culled, Is to be unveiled in August In the little old Blue Olrurch grave yard on the banks of the Saint Lawrence, near Prescott. where she lies buried with her husband. This Is not the first me morial to Mrs. Heck. There Is a marble tablet to her on the walls of the cnapol which she helped to establlwh In New York! and there are a Heck hall in con nection with the Garrett Biblical Institute at Evnton, 111., and a Heck Hall for Women at Victoria university In Toronto. She holned to found the first Methodist society in Canada, so the Methodists In two countries are interested in the new monu ment In Blue Church graveyard. Developments Here and There, The' tides of the bay of Fundy will be harnessed for electric power. An electric sand-papering outfit is ' one of the latest electrical devices. Enarland Is now in direct telegraphic com munication with India, a distance of 5,374 miles. A wireless plant will be Installed on the top of the tower of the city nan of pnna dclphla, 500 feet above the street. A device has been perfected, driven by a tiny general electric motor, for polishing stoves and ranges in hotels ana restau rants. v A wireless telephone Is to be used along the coast as a fog signal. It has been tried out and found to work well under heavy weather conditions. Electric sirens are In use on the railways of Germany. The sound Is produced by the vibrations of a diaphragme under the Influence of an electro-magnet. Wireless communications have been sue cessfully carried on from a special train on the Lake Shore railroad to Cleveland and Chicago, while running at full speed. It Is expected that In the early future electricity will supersede steam on all the railroads of Germany. It will fke nearly $135.0C0.0uO to replace all the steam loco motives with electrics. A great dam is to be erected across the Colorado river at Marble Falls, Tex. When completed this dam will give more than 10,000 horse-power, which will be used to operate a large cotton mill and other industries. The firbt practical demonstration in this country of the new process of telegraph ing photographs was made March 4. when pictures of Taft and Roosevelt were flashed pus uoiXumB.y ud.a)q sjM m jao New York. The largest storage battery In the world has been Installed at the Sixteenth street station of the New York Edison company. The 150 cells have a capacity of 22,0i am peres for one hour at 120 volts. It will be used only In emergenciea The largest electric 'power station In the world will shortly be erei ted within four teen miles of Johannesburg under the terms of a contract officially announced, by which the Victoria Falls Power com pany will supply eluctric power to prac tically all the mines in that great group. How many of us realise the fact that canes, like hats and neckwear, change with the seasons and that what would be considered a fashionable stick In midwin ter, will not do at all In May. Very light weight and light-color canes are the pres ent mode and the many-sided cane la again popular this season, tillver handles, crooks by the way and not straight handles, are always very much sought after, although some of the younger men still prefer straight sticks. The most fashionable cane of the moment Is that made of snake wood. It la throa-ld4 .and taa. a sliver handle. RAILWAY TIME CARD" Supreme Court Syllabi 1W4S. McCbuIpt against State. Emit from Douglas. Reversed and remanded. Epperson. C. 1. A cltv charter conferring upon the council power "to levy and collect a llcrno ta on hacks, drays or other vehicles used for pay within the city, and to prescribe the compensation for the use or sttch hacks, drays or other vehicles," !s In sufficient to authorise the city council to exact a license tax from persons the regu lation of whose compensation la not per mitted. 2. The owner of wagons kept by Mm for the purpose of renting them to varlaus firms under monthly contracts, each wagon being kept for the exclusive use of the firm contracting for it, the same being under thp direction and control of the vari ous firms having monthly contracts for aid wagons, and who doe's not h ld himself out as ready to serve any person who may have goods or merchandise to transfer, is not the owner of vehicles used for pay. nor Is his compensation subject to control' by the city council within the meaning 3f the charter provision above quoted. 15875. Pulver against State. Error from Kearney. Affirmed. Calkins, C. 1. The mayor of a city has no power to suspend the operation of a city ordinance which contains no provision In Itself em powering him so to do. Z. Whore a llcens'-d saloonkeeper Is prose cuted for the violation of a city otdlnance forbidding him to keep his place of bimi- r.ess open after 11 p. m.. and such act is shown to have been committed by an agent In charge of such business, it Is un receasary to show any guilty Intent on the part of the owner, such prosecution being In the nature of a civil action to recover a penalty. 15H22. Boesen against Omaha Street Rnll- v ay company. Appeal from Douglas. Af firmed. Let ton. J.; Fawcett, J., and Barnes, J., dissenting. 1. In this, an action for personal Injurtps alleged to have been occasioned by the dei aliment of a street car whereby the plaintiff was thrown from the car and thereby injured, the defendant pleads con tributory negligence, In that the plaintiff was negligently standing upon the running board of the car at the time of the accl dert, and his Injuries resulted from such negligence. Held, that It was not error to refuse an instruction that If the Jury be lieved from the evidence that 4lie plaintiff was not thrown from the car, but that he attempted to get off the car when It was In motion and fell into the street their verdict should be for the defendant, since such an Instruction is neither within the Issues made by the pleadings nor the evi dence In the case. 2. Instructions should be considered to gether. Separate clauses or parts of a sentence should not be separated from the context In order to arrive at the true meaning of the language, nut all that la said upon the particular subject is to be taken. 1. A witness testified that the plaintiff "was thrown from the car," but he testi fied later that he did not see the plaintiff until he was lying on the ground. A mo tion to strike his answer as being merely a conclusion of the witness was overruled and exception taken. Held, 'hat while the answer should huve bien stricken, tne error was not prejudicial, since the Jury could not have been misled by the testi mony. 16.4OT. Bonacum against Manning. Appeal from Furnas. Fawcett, J. Reversed anTl remanded. 1. The district court la without original jurisdiction to distribute the funds of an estate of a deceaxed person. 15,121. Howell against State. Error, Doug las county. Reversed and remanded. Reese, C J.; Rose, J., not Bluing. 1. To charge a criminal violation of the first section of art. 2, ch. 91n, Compiled Statutes, 1907, "To protect trade and com merce against unlawful restraints and monopolies," commonly called the "Junkln Act," the indictment or Information must allege that the acts complained of were In restraint of trade within this state. 2. A number of persons, dealers In coal and other fuels, In the city of Omaha, created and became members of a local organization known as the Omaha Coal exchange, and were subsequently Indicted under .what Is called the "anti-trust laws" of this state. Upon the trial of one of the indicted parties, the constitution of the ex change was Introduced in evidence by the state anl which contained an article pro hibiting tho members from soliciting trade by the personal appeals of themselves or their agents, but allowing the urn of printed postal cards and non-addressed printed matter enclosed In envelopes, and providing that the exchange should not Interfere with prices made between mem bers, or as to whether the same should be at wholesale or retail prices. The court Instructed the Jury that that article was "In Itself" a violation of the law of this state, and If they found that It was In force and carried out by the defendants, the ac cused was guilty of the crime charged. The Instruction Is held erroneous; that It was proper for the Jury to take the article Into consideration In arriving at their verdict, but that it did not. of itself, foreclose fur ther inquiry as to defendant's guilt. S. It was shown by the evldenoe that the accused on trial had not, personally, be come a member of the Omaha Coal ex change, but that ho was a member and president of another organization which was, Itself, a member of the exchange; that he was the preBldpnt of the Omaha Coal exchange and chairman of Its board of directors whlrh had the management of its buslners. and that ho acted In both capacities. TIeld. That this constituted him to all Intents nnd purposes, a member of the exchange and liable criminally to the name extent as though he had personally signed the constitution and been admitted to membership. 15526. Dallev against Treadwell. Appeal from Clay. Affirmed. Calkins, C. Epper son, C, not sitting. Commissioners' dp pa rtment, 1. Where a wltnpss to a will testified that another witness nnd himself signed the will M the request of the testator, such testimony will not be disregarded on ap peal, because In the form of a conclusion, no objection on that ground having been mnde at the time, 2. Where the evidence shows that the witness to a wUl signed the same at the renuest of the testator, who thereupon di rected the draftsman thereof to place the same In an envelope addressed to the county Judge, In whose office It was after wards found, such acts constitute a suffi cient publication of the will. 8. Evldenoe examined and found Insuffi cient to show a change of residence. 4. Where It appears that a testator had been on various occasions temporarily con fined in a hospital for the Insane, but In the Intervals was competent to transact with Judgment and discretion his ordinary business and had sufficient strength of mind and memory to know and comprehend and retain in his mind those who were or naturally should have bran the objects of his bounty, the nature and extent of his estate, and the disttlhution he wished to rr.ake of it, and that during such an Inter val he executed In due form his last will fnd testament, making a reasonable distri bution of his '-state, a judgment probating said will should. be sustained. 6. It Is not error fur a district Judge to refute to hear argument where an ex amination of the evidence discloses the fact that the c miuuton arrived at was the proper one. U.54S. Wells against Cox. Appeal from Boyd. Opinion. Reversed and remanded. Call-ins, C. Commissioners' department. 1. While the provisions of the occupying claimant's act which gives the successful claimant the option to deed the land for its arpralsed value is not applicable where such claimant cannot convey the fee, the provision that the occupying claimant shall not be evicted without payment to him ot the value of his lasting improvements, la enforceable. 2. The provision of the occupying claim ant's act applies to evictions had under chapter 10, title xxx, of tho code of civil procedure, (sections 1,019 to 1,032, ccdeO, of one cluimlng under the horns lead laws ot the Vnlled States. 15660. Stamslca against The Hartford Fire Insurance Company. Appeal, Lancaster. Affirmed. Letton, J. 1. A contract of Insurance Is a contract of Indemnity and any person attempting to enforce a claim under such a com rat t must show an Interest In the subject matter of the contract. t. The findings of the district court In a law action tried to the court without the Intervention of a Jury are entitled to the same weight as the verdict of a Jury and mill not be disturbed unless the evidence Is clearly Insufficient to support them. 15562. Radford against Wood. Appeal, Buffalo. Reversed. Root, J. 1. R constructed a dam across the Intake of a subsidiary chsnnel of a natural water course and thereby retained all of the water in said river In the main channel. K had not secured permission of the ri parian owners on the main channel below said dam to thus Increase the flow of water, nor had he proceeded under any statute to secure that right. R brought an action to enjoin W, the owner of an Island In tha main channel of the river five miles below his dam, from destroying said ob struction and W riled a cross-petition to compel R to remove It and also prayed for damages. Held, that tin R did not have lawful authority to construct said dam, a court of equity would not protect him In maintaining It. but, as the evidence was conflicting and left the court In doubt as to whether said obstructions damaged W, he would, under the circumstances of the case, be relegated to his action at lfcw for damages. 15.472. State ex rel. Luben against Chi cago A Northwestern Railroad company. Appeal from Holt county. Affirmed. Root, J. 1. Chapter 90, laws of Nebraska. 1907. will not In every Instance, afford a shipper an. adequate remedy against a railway company that unlawfully neglects and re fuses to furnish cars for the transportation of his good and chattels. 1 In an action In mandamus to compel a railway company to furnish cars for a shipper, the proof established that the re lator desired to ship his hay In car load lots; that he had repeatedly requested the' carrier to furnish him cars for said pur pose and that It had failed to do so. No reasonable excuse was shown for such con duet. Held. That a peremtory writ of mandamus In favor of the shipper and against said corporation was proper. 15,479. McPuHoiigh nrnmst Dunn. Appol from Cass county. Affirmed. Epperson. C. Commissioner's department. 1. In an action to recover on a warranty that a horse sold by defendant to plaintiff was sound, plaintiff alleged that the horse was suffering from a disease or defect of the back, the evidence Indicating that the trouble was asoturia. a disease of the strimaeh, llvpr nnd kidneys. Held, Not such a variance as will require a reversal of a judgment In favor of the plaintiff. It not appearing that defendant was preju diced by plajntl'f'a failure to allege asoturia as the horse's disease. - 2. The testimony of n witness, otherwise, admissible, who observed certain symp toms showing that a certain horse was dis eased although he was unable to Identify It as the horse In controversy, Is admis sible In evidence and will be permitted to stand In the record If the horse he ob served Is Identified s the one In con troversy by other w!t"ese. 15417. Hart against Knights of the Mac cabees of the World. Apponl from Dodge. Afflrmpd. Duffle. C; Rose. J., concurring Separately. 1. Statement In the proof of loss, ns to the cause of death of on Insured, may be contradicted on the trial of an action on the policy of Insurance, unless the usual elements of equitable estoppel are present. 2. A fratprnal Insurance company cannot have the benefit of Its by-laws and amend ments thereto, In defending a death claim, unless certified copies of such by-laws and amendments have been filed with the audi tor of public accounts. 15503. Kiminerly against McMlchael. Ap peal, Grant. Affirmed. Rose, J. 1. In a suit by a divorced woman to quiet her title to the former homestead the court may find that the property was not her separate estate and at the same time sub ject it to her Upn for alimony by canceling a void deed which had been executed In violation of her homestead rights, where the pleadings and proof warrant such re lief. 2. After decree a petition In equity not attacked by motion or demurrer will be liberally construed by the supreme court for the purpose of upholding the proceed ings of the trial court. 3. In a suit in equity the relief to which plaintiff is entitled under his petition and proofs may be granted pursuant to his gen eral prayer, where defendants understand the Issue and resist his allegations by evi dence. 4. Allowance of alimony In lieu of a wife's Interest In her husband's property is not an adjudication which prevents her from recovering a decreo canceling a void deed formerly executed In violation of her home stead rights and Interfering with her Hen for alimony. 6. A decree In equity should not be re versed for a mere technical error which does not prejudice any party to the suit, 6. A mortgage on a homestead worth less than $2,000 when executed by the husband, but .neither signed nor acknowledged by the wife, Is void. 155CG. Wlllard against Key. Appeal from Platte. Affirmed. Epperson, C. Commis sioners' division. 1. If an agent In the prosecution of his principal's business misrepresents a ma terial fact, and the person to whom such representation is made, in ignorance of the truth, relies, and acts on such statement to his damage, the ngent and principal nru Jointly liable In tort therefor. 16567. County of Colfux ngalnst Countv of Butler. Appeal from Butler. Affirmed. Dena, J. Reeae, C. J., not sitting. 1. The county of Colfax served notice upon the county of Butler In substance re questing it to Join In and to pay one-half of the cost uf the repair of a waffon bridge over the Platte river, which request being ignored by Butler county, Colfax county proceeded under a contract to build practic ally a nerf bridge, costing about $22,000; held, Butler county not liable to Colfax county for any part ot the cost of building such bridge. 2. A notice served upon a party sought to be charged thereby should fairly state the Intention of Its author and the scupu of the enterprise contemplated by him. 15568. George against Dill. Appeal from Custer. Affirmed. Duffle, C. Commis sioners' division. 1. In an action pending In the Twelfth judicial district the parties stipulated to try the case before the Judge of the Thir teenth Judicial district, and to take the evidence before said judge at Grand Is land, In the Eleventh Judicial district dur ing the vacation of the court In which the action was pending. Whether a Judgment based on the evidence so taken, rendered by the judgu hearing It at a regular term of the court of the Twelfth judicial dis trict. Is erroneous and subject to reversal on appeal quere. 2. After acquiring Jurisdiction of the par ties and the subject matter of the action. Irregularities on the part cf the court In entering judgment in the case can be taken advantage of only by appeal; such Judgment not being absolutely void and subject to collateral attack. 155574. Olson against Nebraska Telephone company, apppeal, Douglas. Reversed and remanded. Rees, C. J.; Harnes. J., dissent ing from reversal as to Nebraska Telephone company. 1. A contract by which a master seeks to Impose upon his servant duties and obligations which the law impose upon the master and to relieve the master from liability for negligence on his part Is against the public policy and void 2. Where the question of negligence Is presented by the pleadings and there is no conflict In the evidence and but one reasonable Inference can be drawn from the facts, the question Is for the court. See Brady against Chicago, bt. Paul, Min neapolis and Omaha Railroad company, 59, Neb. 233. 8. Where the ordinance of a city require an electric light company to maintain Its electric light wires In a taut condition to avoid swinging contacts and tu keep suoli wires properly Insulated, and, where it Is necessary for such electric light wires to cross the line of a telegraph or telephone line, to string Its said wires at a distance of not less than five feet from the wires of said telegraph and telephone line; a failure on the part of said electric light company to comply with all or any of such requirements Is negligence which will render It liable tu any person who, without fajlt on his part. Is injured by reason thereof. 4. And In such a rase, where the de fenses of assumption of risk and contribu tory negligence are relied upon, it is error to withdraw the case from the jury, un less such defenses are established by evi dence so clear that reasonable men would not be warranted In reaching a different conclusion. l:.o;. Iteed against Chicago, Burlington Sc. Quinty Railway company. Appeal from Nuckolls county. Affirmed. Good, C, Com missioners' division. 1 In an action against a railroad company plaintiff alleges the purchase and posses sion of a mileage ticket, the povsesKlun of a freight twin permit and that defendant, disregarding Its duties as a common car rier of passengers, wrongfully ejected him from a cabouse attached to one of its fi eight trulns, but did not allege any con tract to carry him as a passenger or any breach theieuf. Held, to state a cause of action ex delicto and not ex contractu. , 2. Railroad companies may properly desig nate on what trains passengers may be carried and may exclude passengers from unscheduled extra freight trains. 3. A permit issued by a railroad company without consideration which authorized Us train operatives to carry the holder of the permit on freight trains is a mere license and may be revoked at any time when the holder is not actually a passenger under it. 16679. Brunke against Giul.eii. Appeal, Franklin. Good, C. Commissioners' divi sion. 1. In proceedings by an assignee of a dormant judgment for a reviver thereof the defendant admitted the recovery of the judgment and the assignment thereof to plaintiff and denied that plaintiff was the real party In Interest, without alleging that the assignee had In any way trans ferred or parted with his ownership of the judgment. Held, to state no defense to the reviver proceedings. 1554. Cooper Wagon and Buggy Com pany against Irvln. Appeal. Franklin. AN rirmed. DufHe. C. Commissioners' dlv! slon. 1. The husband and wife mortgaged their homestead owned by tho wife, together with other lots owned bv the husband, to C. Afterward they executed a second mortgage to the appellant on the lots owned by the husband. Held, that on a foreclosure of these mortgages a decree requiring C to exhaust the property not embraced In the homestead before selling the homestead estate was proper, and that the appellant had no cause of complaint, as a marshalling of securities Is allowable onlv whpre the common debtor of two or more creditors Is the owner of the several funds out of which payment Is to bo made. InfifJ. Mott against State. Krron Buffalo, Reversed and remanded. Damps, J.; Root, J., and Reese, C J. dissenting; Rose, J., not sitting. 1. In a prosecution for the crime com monly called statutory rape, where thai prosecuting witness testifies positively to the facts constituting the crime, and tha defendant as positively and explicitly denies her statements, her testimony mimt be corroborated by facts and circumstances established by other competent evidence In -order to sustain a conviction. I. Evidence examined In substance stated In the opinion and held not sufficient to) sustain the verdict. R. In prosecutions of this fc!nrt It Is thai duty of the trial court to properly Instruct the' Jury aa to the necessity of rorrobora tlon without sny request therefor on tha part of the dpfpndsnt. IfiSHl. Callahan against State. Error froVn) Douglas. Reversed. Ixtton. J.; Rise, J., not. sitting. 1. In the prosecution against the superin tendent of a remctpry for unlawfully as alstlng. Inciting and procuring another to disinter human remains where the evidence la that the accused had no knowledge of the disinterment and state relies upon gen eral instructions to a person employed aa a grave digger as constituting the Inciting and assisting act. Instructions In another and particular Instance are not sufficient to support a conviction. ... I. Evidence set forth In tha opinion, held, not to constitute such Instructions to m laborer as to warrant a conviction In a case where It Is shown that no knowledk of the disinterment was had by the au rerlntendent until some time after the act had been performed. 3. Cross-examination should he restricted, to matters covered by tho examination in cMet- . ... . 4. I'nder the evidence set forth in the) opinion, held, error to submit the question, to the Jury as to whether the instructions given by the defendant to the laborer In, the particular Instance constituted a) rula of action for future Instances. 15739. Yelser against Brondwell. Appeal, Douglas. Reversed and remanded. Epppr son, C; Fawcett, J., not sitting. Division No. 1. 1. A written assignment of a sum of money In the custody of an agent. Intended to convey the title thereof to the assignee, and made In definite terms, without thfl reservation of control In the assignor, la sufficient to give the assignee priority over a creditor attaching such funds In th hands of the agent subsequent to tho data of the assignment. 2. Fraud Is not presumed from the mere fact that an Insolvent debtor assigns prop erty or pays money to his attorney for services rendered or to be rendered In tha future. 15.507. Selfert against Dillon. Appeal from) Lancaster. Affirmed. Reese, C. J.; Faw-cett, J., not sitting. 1. The right of a land owner to restrain an adjoining propprty owner from using his property as a bawdy house, or house of HI fame, to which persons resort for th purposes of prostitution and lewdness, la n rlffht belonging to the land, and the fact that defendant's premises were so used before plalntlf purchased property, con stitutes no defense to an action to enjoin the same. 2. The illegal use of property as a houss of 111 fame constitutes a continuing Injury to a nearby property owner, which Is un affected by lapse of time. 8. The fact that municipal authorities tolernte the mnlntptaance'of a house of prostitution on defendant's property, and thereby violate the law themselves, con stitutes no defense to a sultt by a nearby property owner to enjoin such maintenance, special damages being shown. 4. Where a nearby property owner and those In his employ, are compelled to wit ness Indecent conduct of the Inmates of ' bawdy house, and to hear loud, boisterous. Indecent and annoying noises made by them and their dissolute companions, he thereby suffers a special Injury, different from that sufered by the general public, and Is therefore entitled to enjoin the same, notwithstanding the maintenance of such place Is a public nuisance. 15736. Barnes against State. Appeal from Cass. Reversed. Calkins, C; Root, J. not sitting. Chapter 97 of the laws of 1905, pro viding for the examination and licensing of persons engaged In the practice or veterinary medicine and forbidding per sons not so licensed from assuming tho title of veterinary surgeon, or the title of any decree conferred by the veterinary colleges, does not contravene any con stitutional provision. liHw. jtiuins agaiiibt MUlor. Appeal from Butlaio. Ail'ii'iued. Reese, C. J. 1. in an action for damages tor an as sault and battery wherein il was claimed by lui'ii ot lue parlies that the other was tne aggressor, and by the defendant biiai wuat no did was in self-defense, It was not error tor the court to instruct the Jury among other things, that the right of eelt defense did not imply the right to attack. ur to voluntarily enter into an affray, nor to use mure force Hum was necessary lor his defense, and that the question as to who provoked tne difficulty or made the first assault was for the Jury to decide under the evidence. 2. In continuing Instructions upon any given propoaittim all instructions bearing upon the same should be construed to gether as a whole. 3. Where two persons engaged volun tarily in a fight, either can maintain an action ugaiusi the other to recover the actual damages for the Injuries he may receive, and the fact that the combat was by agreement or mutual consent uf the parties to it is no defense. 4. Immediately after an encounter be tween plaintiff and defendant, tho plain tiff's hat was picked up near where he fell and was Introduced In evidence upon the trial showing a break pr rent at a place which when worn would be over or near the point Injury upon plaintiff's head. The Identity, condition and possession of the hat were shown by evidence preliminary to Us introduction. Held, that the admis sion of the hat In evidence was not er roneous. 6. After the conclusion of the Instruc tions by the court to the Jury, and upon the Jury retiring from the court room to deliberate upon their verdict one of the Jurors, by mistake and Inadvertence picked up the hat which had been Introduced in evidence and carried It Into the Jury room, where It remained until the next day, when It was removed by a bailiff and returned to bile court room. The evidence adduced upon the motion for a new trial showed, that the hat was taken by mistake and that little If any attention was paid to It by the Jurors; that It was upon the table arnuad which the jurors assembled and used aa a ballot box a part of the time; that It ' was not used In any way for the purposw of Influencing the minds of the Jurors and did not Influence them. Held, that tha tak-. lng of the hat to the Jury room, under tha circumstances, was an Irregularity, but without prejudice U the defendant. 16459. Hlbner against Wilson. Appeal from Lancaster. Reversed and remanded. Root, J.; Reese, C. J., dissenting; Dean and Rose, J. J., concur in dissenting opinion. 1. H. in his report as administrator of an estate, claimed compensation for services. Uaid Item was allowed In part and the re mainder of his account approved. H, gave notice that he would appeal from the order diminishing his said claim and gave a bond which referred solely thereto. Held, that the transcript filed In the district court did not bring up the entire account for review. 2. H., being an attorney at law. performed legal services in the administration of said estate. Held, that If such services wort necessary fur the proper administration of said estate and beneficial thereto, the court, In its discretion, might allow tha administrator reasonable compensation therefor. 3. For services rendered by H. In a busi ness way, such as collecting rents of real estate, paying taxes thereon, Insuring prop erty and attending to repairs, It was within the discretion of the count, if the evidence established that such services were ex traordinary, to allow H. a reasonable com pensation. 4. In tho district court the claim should have been tried without the assistance of a Jury. 6. Sheedy against Bheedy, 36 Neb. 373, dis tinguished. 16140. Chults against Chicago, Burling ton it Qulncy Railroad company. Appeal from I-ancaHttr. Reversed and remanded. Fawcett, J. "Where one enters upon the premises) of another with his consent, but without an invitation, and not In the discharge of any public or private duty, he Is a bars licensee, ami the keeper of tha premises owes no duty to him, as long as no wanton or willful Injury Is Inflicted upon him by the licensor or his servants." Chealey against Rocheford, 14 N. ,WH MJ, apprvVesV at.a followed.