PROFESSIONAL DIRECTORY
Ratks: One inch cards, 70 cents; two inch cards, $1.00
BRUCE W ILCOX
Lawyer and Land Attorney
Practitioner In civil courts since 1893
and Register U. 8. land office from
1903 to 1907. Information by mail a
pwialty.
Office in Land
ALLIANCE
Office Building
NEBRASKA
BURTON & WESTOVEP
Attorneya at Law
Land Attorneys
Office First National Bank Building
PHONE 180
ALLIANCE
NEBRASKA
H. M. BULLOCK.
ATTORNEY
AT LAW
ALLIANCE
NEBRASKA
F. M. BROOME
Land Attorney
Long experience as Receiver U. S.
land office ia a guarantee for prompt
and efficient service.
Office in Opera House Block
ALLIANCE NEBRASKA
WILLIAM MITCHELL
ATTORNEY
AT LAW
ALLIANCE
NEBRASKA
O. E. SLAG-LE, M. D.
PHYSICIAN AND SURGEON
Off ce phone 65 Res. phone 52
Alliance, Nebraska.
Orie Coppernoll
Res. Phone 20
F. J. Petersen
Res. Phone 43
Drs. Coppernoll & Petersen
Osteopaths
Rooms 7, 8 and 9, Rumer Block
PHONE 43
GEO. J. HAND,
Physician and Surgeon
EYE, EAR, NOSE AND THROAT
H. A. COPSEY
Physician and Surgeon
Office Phone 360. Res. Phone 342
Calls answered promptly day and
night from office. Offices: Alliance
National Bank building over the Post
Office.
Paul W.Thomas
INSTRUCTOR
ON VIOLIN
Phonel75 Alliance, Neb.
Dr. Oliver McEuen
Physician and Surgeon
SPECIALTIES: Diseases of women
and children, and Oenito Urinary Gr
it. 'in
All calls answered promptly day
or night
HEMINOFORD NEBRASKA
HARRY P. CODRSEY
LIVE STOCK AND GENERAL
AUCTIONEER
Farm Sales a Specialty
TERMS REASONABLE
PHONE 64
ALLIANCE NEBRASKA
DR. 1 . U TYLER
Dentist
PHONE 167
OPERA HOUSE BLOCK
ALLIANCE : : NEBRASKA
Dr. JAS. P. HAXFIELD
Dentiat
OVER BRENNAN'S DRUG STORE
PHONE 625 RED
All electrical equipment. Gas admin
istered. Evenings by appointment.
A. J. KENNEDY
Dentist
Office in Alliance National Bank
Building over Post Office
PHONE 391
POPULAR TALKS ON LAW
CONTRACTS: ENFORCEABLE
AND UNENFORCEABLE
By Walter K. Towers. A. B.
of the Michigan Bar
J. D.,
G-eo. O-. 3-a,d.s"b3r
LICENSED EMBALM E R
PHONE:
Day 498
Night 510
ALLIANCE
NEBRASKA
When, in tbO ordinary dealing of
life, you arrive at a miMness agree
ment, you expect to carry out your
part, and expect the other party will
carry out his Almost invariably, in
the ordinary agreements that Hre reg
ularly arrived at, each of you prom
tsea to give something or to forego
in return for what the other It to do
undtr the agreement. He Is to mow
your lawn: you are to give him fifty
cents'. He is to rent your house by
giving you twenty dollars per month,
and you are to furnish him with the
use of the house. That M mutuality
cf obligation, and thus the difficult
question of the consideration s o
necessary to contracts does not arise.
You have agreed deflnely with the
neighbor that he is to have the trees
now growing in your acre woodlot, he
Is to pay you a hundred dollars there
for, the trees to become his proper
ty as they stand. Each of you Is to
give something, so there Is consider
ation. You do not want litigation to
arise from this agreement; you do
not want, or expect to go to court
to have it enforced, else you would
not have entered Into It for the un
profitability of "buying I law suit is
proverbial. But you do want to nave,
the agreement in such form that. If
disagreement should arise you would
be able to enforce your rights. You
may not be nble to "lick" Neighbor
.lonrs; and. evtn If you can, that
would only inole you in an action
for assault and battery. You want
the contract in su :h form that if you
must assert your rights you will have
them In a form which the law the
procedure provided for the enforce
ment of rights will recognl.e.
Probably the principal rea.son why
the average man finds his contract
unenforceable is because of the lack
of the written evidence which the la
requires in certain classes of cases.
In the case of the sale of the stand
ing timber the law of most states re
quires that It be evidenced by writ-
At
IS. V HEHIIERT
CITY DRAY
Office Phone 260
Residence Phone 182
Wilaon'a new and second-hand
atore
L M. Scott, Auctioneer
Lakeside, Nebraska
Will cry your sales anywhere. See
me or leave dates at the Alliance
Herald office.
Voice Culture
Teacher of Tone Production
MISS EUNICE BURNETT
Soprano Soloist
Public Engagements Solicited
STVDIO, 114 WEST SEVENTH ST.
J. P. Hazard, the Surveyor,
la making a specialty of locating
homesteaders. He claims to
be posted as to landa
atlll vacant and
Has a Few Bargains in
RELINQUISHMENTS
Your chance is growing less every
day. Don't stop for fear of bad
weather the other fellow
may beat you to it.
IN LAND OFFICE BUILDING
ALLIANCE NEBRASKA
Automobile aundry
Prices on application
Work guaranteed
Leonard Pilkington
AT HEELER'S GARAGE
PUBLIC STENOGRAPHER
At The Herald Office
REASONABLE
RATES
PROMPT
SERVICE
AUQUST HORNBURQ
Professional Trained Nurse
Room I, over Rodgers' Grocery
Alliance - Nebraska
MRS. E. O. DRAKE
OPTOMETRIST
EYES TESTED GLASSES KITTED
Cross Eyes Permanently Straightened
With Dr. Copaey
ALLIANCE : : NEBRASKA
EAT AT
NohesCafe
BUY
Nohe's Bread
Pure and Wholesome
T. W. Burns
CONTRACTOR and BUILDER
F LANS AND ESTIMATES FURN
ISHED ON APPLICATION
I employ only first-class mechanics.
All work guaranteed.
PHONE 279
Residence and Shop,
7th and Mississippi.
Alliance, Nebraska.
die anil that would not he a perforin
Dee of the contract as would be the
Other,
The seventeenth m-tllon provides
thrtt contracts for the sales of goods.
Wires h;ki DM r MMRm for the prlco
of M, or over, shall not be Rood
lined by the party to be dMMJfMl,
BT p.irl .lel.vity am, a ceptnnce. or
iMit '.:iment. Tu amount ln' v
Which the ttatute ilo'-a not apply Is
aiii, by the statutes in the various
Amirlcun states which have reenaet
ed this provision In varying forms.
It Is to be noticed Unit the con
tract is the agreement, not the writ
ing The writing Is merely evidence
of the contract. It may lie made at
I and time after the contract 1ms In -.n
greed upon, up to the time of suit.
I The writing need not be a formal
document to comply with this statute.
Any note or memorandum Is suffl
(Init so long as It contains all the
material terms, as the names of the
pnities, the Hubject matter, the con
slili ration given, etc. There may be
several papers, as a series of letters
cr telegrams, so long as they are
consistent anil connected. The nec
essary signature of the party may
appear at any point, anil may he at
fixed either by the party himself or
his authorised fegOBt, Thus at an
auction the auctioneer is the agent
of both parties and If his memo con
tains the essential terms his entry
of the names of the parties will
amount to the necessary signature
and complete the required writing.
The law of some states requires
that some contracts be under seal
as well as In writing. In many
states seals have been abolished. In
all states the tendency is to lessen
their effect. The principal reason
that makes the seal of comparative
ly little import is that It Is required
only on the most Important and for
nuil of contracts, as deeds. The
printed forms provided for these In
struments include a schI; and fur
ther, these are Instruments of an
Importance that requires the aer
vh !i s of a competent attorney who
Is familial with the requirements of
the particular state tod will wee to
it that the necessary formalities are
compiled with. The simple legal
scroll (L.S.I has now been generally
Obstltttted for the more formal wax
seal. Seals, used where not neces
sary, are merely superfluous.
It should be remembered that nil
contracts need not he In writing. The
general rule Is that if no statute re
quiris that the particular kind of
half ounce of oil of cedar. A few
drops on a bath towel hung at the
head of the bed will usually keep
the mosquitoes away.
Curtis Rest and Oooch's Beat flour
at E. I. Oregg v Son's. Every sack
guaranteed. I'hone 155
IMMMI
lag signed hjr the party against whom rT? . -
i. V i. ., l.i nw...,.-i.. nw i be, and so contracts other than the
it K Hf u c riuui vi, unit I . lor iur I
r Qnfr ii M i i ii an sUle
54 Residence phone
DYE & OWENS
Transfer Line
Dray Phone
Household goods
moved promptly
and transfer work
solicited.
636 and Blue 574
Let Us Do Your Job Work
courts would not enrorce It. A
statement of the principles which
determine in what form a contract
must be evidenced to be valid may
not possess the interest attached to
other branches of the law, but they
are of the utmost practical import
ance to the average Individual In
the guidance of the business affairs
of everyday life.
There are probably no two sections
of written law which possess the
practical importance, or have the far
reaching Influence of the 4th and the
17th section of the Statute of Frauds
enacted by the English Parliament
In 1676. These provisions have been
eenacted by the legislatures of the
various states in but slightly varying
form, and the principles are firmly
embodied in our law and are set dow
to guide all of uh in the formation
fii our contractual agreement. Ev
ery student of the law memorizes
these provisions.
What is known as the 4th section
specifies certain classes of contracts
which must be evidenced by a signed
writing if they are to be enforceable.
The first of these is an agreement
by an executor of administrator to
answer damages out of his own es
tate. Of course, one holding such a
position is not personally bound to
pay the debts of the deceased out
of hla own po: ket; but if he does so
agree, it must be in writing if he is
to bo bound to his promiF.e.
The next class of agreements cov
ered are those "to ancwer for the
debt, default or miscarriage of anoth
er." If some third party suffers un
der an existing, or contemplates a
future, liability and you agree with
his creditor to make It god for him,
that agreement must be evidenced
by a writing signed by you if you are
to be bound by it. Suppose John
Simms comes to you, tells ycu he
has no money, and must have a pair
of shoes, and you agree to see that
he geta them at the store, iou go
with him to the storekeeper and
say, "Let Simms have a pair of shoes
I will see you paid." By this state
ment you have become directly and
personally liable and it ia not within
the statute. But if you say, "Let
Simms have a pair of shoes, if he
doesn't pay you I will": then this
is a contract to answer for the debt
of another within the statute and
there must be some written memo
randum signed by you if the agree
ment is to be enforceable.
One of the most important of the
provisions Is that any contract or a
sale of public lauds, or any interest
in or coneernitig land, iiiiim be evi
denced by a signed writing. This is
t he provision that requires that a
contract with reference to standing
timli! r be in writing for It is with
refer etc to reality. So, too, con
ti j buy land, or for mineral
i ) i re within this provision and
b m writing. It is to be no
tl " .hat if the eoutract calls for
delivery of timber or of coal
i iv m the lands or the owner bv the
owner, that Is not within tins provi
sion, since he himself Is to cut or
mine it, thus severing it from the
land so that it loses its character as
realty. Hut if he sells coal or oil as
it Ilea beneath his farm the contract
must be In writing. The same applies
to all leases, except short term leas
-s. which are excepted in most of th
states.
Or If a contract is not to be per
formed within a year from the mak
ing thereof ll must be evidenced by
writing to be enforceable. This ap
plies ouly to contracts whl h cannot
be performed within a year. Thua
leases for a period of ove r a year
from the date when they are made,
contracts to work for over a year,
etc., must be in writing. But If you
agree to support Sam Allison for the
rest of his life, that contract ia not
within the statute for, though Sum
la but twenty years old and in good
health, he may die within a year and
thus the contract be performed. Tru
If you hired Sam Allison to work for
you for a year and half he might
out.-, specitnd In the statutes may
be oral. Of course, even though no
writing be required, prudent men
frequently draw their contracts In
writing that the evidence may be
preserved in more permanent and In
disputable fortn should trouble arise.
If the matter Is of considerable Im
portance, better embody the terms In
a iittir addressed to the other par
ty, sign It, keep a copy, and see
that he replies over his signature
accepting the proposal and terms.
(Copyr't, 191.1
by Walter K. Towers)
Surprising: Cure of Stomach Trouble.
When von have trouble with vour stom
ach or chronic constipation, don't imagine
that your case is beyond help just because
your doctor tails to give you relief. Aim,
G. Stengle, riainfield, N. J., writes, "For
over a month past 1 have been troubled with
my stomach. Everything 1 ate upset it ter
ribly One of Chamberlain's advertising
booklets came to me. After reading a few
of the let turn from people who had been
cured by Chamberlain's Tablets. I decided to
try them. 1 have taken nearly three-fourths
ola package or them and can now eatalmont
everything that I want." For tale bv all
dealers. Advertise uient.
For si. e by F. E. Moisten.
Meritol Tonic Digestive, the great
rejuvenator and builder, tones up
the system, Improves the appetite
aids digestion, cleanses the system of
impurities, .lust what you need when
ul I run uo-.vn. F. J. Brennan.
Adv-A-41 Jun 5-20.
PREVENTING MOSQUITOES
e44,
Farm Implement
Time is Here
The destruction of taocqultcei ha
received considerable attention at the
hands of scientists. Eliminating the
pests Is often simple.
First destroy all breeding places
Where the rain water barrel and
the rain water tank are necessary
they should be screened. About
house the waste places In the inline
diate vicinity should be carefully
seitfhed for tin cans, wooden or tin
boxes or other receptacles In which
water can accumulate. Theae must
be destroyed or carried away. Roof
gutters should be examined for pools
of water. The chicken pans In the
poultry yard, the water In the troughs
for domestic auimuls, and the tratU
cup of the grindstone are places
where mosquitoes will breed and wa
ter should not be allowed to stand
for more than a day at a time. Wa
ter In flower vase's should be looked
after. Mosqultees will also breed In
water pitchers in unused guest rooms
and pipes under stationery wash
stands and other unsuspected places.
For pends and necessary bodies of
water the larvae may be killed by
the use of crude' oil whWh Is allow-
l to spread over the surface of the
water. To keep mo.vepiitocs away at
night mix an ounce of oil of citron
ellu and spirits of camphor with a
Disc Harrow
Low Spreaders
tha
We sell
work In tvtn
ground.
kind that does good
the hardest kind of
Don't wait any longer be
fore ordering your disc harrow.
that
can
Practical manure spreaders
are high enough so they
used anywhere and yet not o high
to cause unneceasary Iota of
time or labor In loading. Light In
draft, easy to operate, simple and
durable.
Plows
Gang and aulky plows, cultivator,
also a full line of other implements
necessary to good farming.
I. L. ACHESON
S. A. FOSTER
LUMBER CO.
Have the best grades of
LUflBER at right prices
Also, the only Cement,
Lehigh
See us for Farm Gates
We want the
name of every
young man who
13 ambitious to
BE A LAWYER
and we want to hear from ev
ery business man who wishes
that he knew BUSINESS LAW.
Write 14, iu l.i I. II , Saw k... , Umjm
t ..' l aMdrM, ,.i ).'. t, . Jt ilk, ft:, III .npi-l
Mt!M allk l ;.T l'Ui lu.l ku b l lwM
MM I Ik.,. Til ScSmI. Im SI Mr M. M
rtJiilM ka ami I ' r
U.t.t. CMnMMMml k K
I CITY MEAT Mill I
B W. R. Drake, Prop. 1
I Fresh and Cured Meats I
I "The Best of Everything" I
l Notice to Farmers and Ranchmen: s
I We do our our own butchering and 1
f are on tne market for the best we I
can buy. If you have some excep- j
I tionally good stuff to sell, let us 1
know about it. ;i
Corner Box Butte Ave. and 4th St. PHONE 40 I
I
.,..., j ii.
(l)ouf l'fl.UI , -Uf
Ua Cuur. ahicli III lor &" M
our C.Mplct. rr.iit.1. m
lw Court lu, Sum., a.n Vim
out tlkjul Ik. L -w i- I ui IJV
c?t u obtain lk"'"ulU
ka..wk4. at ll La IMI " "-
i.iwai.ik ty Tiial
Hwu, ubf lr kwiw.1 ..UUc ul
Sat .1 wr.ml.1 ,rj..ir . .11 Ik
I . a. ir! uwm- r
Si MM M.r,. M M. ttk. Ik.J
iaa wa.iHS coaaurukvikis
S, III It IL r LAW
tet lai mailt "". a.
ANYTHING that you want in
lumber can be found in our
large and well assorted stock, all
well seasoned for immediate use. Also, all kinds
of hard and soft coal.
Dierks Lumber & Coal Co.
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