Minister Praiiet this Laxative
Rev. 11. Stubenvoll of Alli-son. la..
In praising Dr. King's New Life
Tills for constipation, write: "Lr.
King's New Life Tills are urh per
feet pills no home should be without
them." No better regulator for the
PROFESSIONAL DIRECTORY
Kates: One-inch cards, 50 cents; two-inch cards, $1.00
BRUCE WILCOX
Lawyer and Land Attorney
Practitioner In civil courts since 1893
and Register U. S. land office from
1903 to 1907. Information by mall a
specialty.
Office in Land Office Building
ALLIANCE : : NEBRASKA
BURTON & WESTOVER
Attorneys at Law
Land Attorneys
Office First National Dank Building
PHONE ISO
ALLIANCE : : NEBRASKA
H. M. BULLOCK,
ATTORNEY
AT LAW
ALLIANCE
NEBRASKA
F. M. BROOA1E
Land Attorney
Long experience as Receiver U. S.
land office Is a guarantee for prompt
and efficient service.
Office In Opera House Block
ALLIANCE : : NEBRASKA
WILLIAM AUTCHELL
ATTORNEY
AT LAW
ALLIANCE
NEBRASKA
C E. SLAG-LE, M. D.
PHYSICIAN AND SURGEON
Office phone 65 Res. phone 52
Alliance, Nebraska.
Orie Coppernoll
Res. Phone 20
F. J. Petersen
Res. Thone 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
falls answered Dromotly day and
night from office. Offices: Alliance
National Bank building over tne rosi
Office.
Paul W.Thomas!
INSTRUCTOR
ON VIOLIN
5 Phonel75 Alliance, Neb.S
Automobile aundry
Prices on application
Work guaranteed
Leonard Pilkington
AT HEELER'S GARAGE
EAT AT
Nohe s Cafe
BUY
Nohe's Bread
Pure and Wholesome
Dray Phone 54
1 fS) I A A lilt.
fc tAJU I I lilt fl I
a mm
- 'iTI i IM 1 1 n till II I
i iiiijrir'ti'rt,nVi''''A'-'-''-:'-",'-fa-'''
Let Us Do Your Job Work
Hver and bowels. Every pill guar
anteed. Try them. Price 2fx at
Fred E. Hoist en
Aug 7-28
nhPiinmtlp i-plns nrr relieved bT
Dr. Milee.' Anll-I'nln rills. Sold at all
rug stores. (AilvntNoinent.J
Dr. Oliver McEuen
Physician and Surgeon
SPECIALTIES: Diseases of women
and children, and Genito Urinary Or
gans. All calls answered promptly day
or night
HEMINGFORU : NEBRASKA
HARRY P. COURSEY
LIVE STOCK AND GENERAL
AUCTIONEER
Farm Sales a Specialty
TERMS REASONABLE
PHONE C4
ALLIANCE : : NEBRASKA
UK. 13. 10. TTiKR
Dentist
PHONE 167
OPERA HOUSE BLOCK
ALLIANCE : : NEBRASKA
Dr. JAS. P. HAXFIELD
Dentist
OVER BRENNAN'S DRUG STORE
PHONE 525 RED
All electrical equipment. Gas admin
istered. Evenings by appoinimeni
A. J. KENNEDY
Dentist
Office in Alliance National Bank
Building over Post Office
PHONE 391
G-go. G-. 0-a,d.s"b37-
LICENSED EMBALMER
PHONE: Day 498
Night 510
ALLIANCE
NEBRASKA
K. A. HEiniKHT.
CITY DRAY
Office Phone 260
Residence Phone 182
At Wilson's new and second-hand
store
THIS SPACE FOR SALE
At The Herald Office
REASONABLE RATES
PROMPT SERVICE
AUGUST HORNBURG
Professional Trained Nurse
Room I, over Rodgers' Grocery
Alliance - . Nebraska
CONTRACTOR and BUILDER
PLANS 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.
WM. MAUNIER
All kinds of
Scavenger Work
Bonded by the City
PHONE 57
DYE & OWENS
H Transfer Line
Household goods
moved promptly
and transfer work
'jjii solicited.
Residence phone 636 and Blue 574
OPULAR TALKS ON LAW
By Walter K.
Towers, A. B.,
Michigan Bar
J. D.
of the
FULFILLING THE CONTRACT
Not infrequently
in his anxiety
one will nree
to close a bargain
to
furnish an a reticle or perform
services to the satisfaction of the
other party. Your watch Is out of
order; you take it to a watch-maker,
y.t hc4tate tihout leaving It for
him to repair. Me agrees to ll it to
your satisfaction. You wish o pur-
base a nilvr dish of a jeweler.
but you desire a monogram rirtced
upon It, and you doubt thn rc pos
sesses the artistic ability and Rootl
t.ute to do the work so thai It
will plcae you. lie assurs you
that he can and will please you
and that if he loes nU. perform
the task to your Miit is Paction you
need not take the dish. ion give,
him an order under these condi
tions.
You w'ikIi to have your roof fixed.
and, driving a clone bargain, insist
that the carpenter agree thut he
will perform the task to your satis
faction, else he need not be paid.
You go to your tailor to plate an
order for a suit. In hi anxiety to
secure the order, which you seem
somewhat loathe to give, lie assures
ou that he will make you a suit
that will satisfy you and that it he
does not, you need not take it.
In each of these caeca you have
entered into a contract with the
tradesman or workman, calling for
he performance of certain labor and
he furnishing cf materials or the
sale of an article. Now, suppose
that In each of these eases, the
work specified Is performed in a
fair and workmanlike manner, with
reasonable .skill. Yet, suppose you
have changed your mind in every
case and no longer desire the arti
cle or work that was done, or you
feel that the work does not quite
please you. Therefore, you Insist
that they do it and if they do not
you may refuse to accept the work
which they have performed for you.
They insist that the work is well
done and that you ought to be sat
isfied. Y'our contention Is that no
one but yourself can say wneuier
you are satisfied or notandtbat If
you say you are not that -settles
dt.
Suppose that the watchmaker ,
the Jeweler, the carpenter and
the tailor all sue you, insisting
that they have performed their
portion of the contract and that
you must make the payment agreei
Are you entitled to insist upon the
latter of the contract and enforce
your own work as to whether you
are satisfied or not, regardless of
whether a reasonable man would
say that you ougtit to tie sansneu;
The answer i-s that In some cases
you an and in some cases you can
not. The : 'hmaker and the carpen-
er could lorce you 10 accept imir
work and make the agreed payment:
.hfe jeweler and the tailor would
probably bo forced to arvept your
dc.ei.sicn that you were n:. sa istieri,
and make such other disposition as
they could cf the disli engraved with
your monogram and the suit cut to
your measure, v.-ithout receiving any
pay whatever from you. 1 lie dis
tinction whU-.li the law draws be
tween these caies is the diistl net ion
between wrk requiring a niec hanieal
execution and a meeha-nkal excel
lence and work desigiKMl to fit vary-
In? personal taste, aa work of an ar
tistic natur". If a brt'.-k ro.indut on
U to be builit for your new shed, fnd
is to be completed to yDiir sr.itif-fnc-
tion, and it is completed- :.i a Juti-
siantial and workmanlike manner,
and a jury of ordinary mm dec He
thar a reasonable man would be sa -
lf;d, thin the law wjll Insist that
you ouglit to tie saLi'siifii wneiner
you say that you are or not. So
it is, also, wi.h the repaid ns or tne
wat;h and the repairing of the roof.
These are mecbanU-a.1 acts, and H
the Jury finds the work wdll and
properly done, and believe in view
cf all the clrmm'Staiice that a reas
onable person would be satisfied,
you vill be conrpelled to accept the
work, desbite the fa"t that tne
agreement required that It should
be done to your personal satisfac
tion. Hut a suit of clothes and a
monogram upon a s'Jlver dis-h are
matters involving personal taste
rather than mechanical exc-ellfnce.
If these articles do not conform to
your personal tastes you do net
want them, and no one can decide
that you ought to want them, for
It is prove. bil that there Is no ac
counting for tastes.
It Is a general rule that a contract
must be performed -literally. .Ne th
er party can ci-aini u nave periorm-
ed the contract until! he has done
Just exactly what the contract re
quires in all of its terms. The work
or material to be furnished, or the
money to be paid, must be supplied
in the exact quantity and quality
specified at the place and time iec-
ified.
Yet thfc rule, like all other, has
exceptions; one of which we have
noticed above. Itf certain classes
of cafes the laws Inclined to al
low substantial compliance with the
terms of a contract hm amounting
to performance. Vhe a matter in
volving many details is generally
completed as specified, yet fails In
details of minor importance, the law
retards this as substantial perform
ance and require that the other
party fulfill his part, though an al
lowance is made him to cover the
Items in which the work was not
as specified. Thus, if a house Is
being built for you under contract,
lie contraet in all the large de
and is completer! in accordance- with
tails, but varies in a few lesser
places, you cannot refuse altogeth
er to accept the house, in case he
sues you on the contract, but an al
lowance will be made amply suffi -ient
to cover the cost of making the
defective parts conform to the spec
ifkeations.
What Is known a impossibility of
performance is btated as one of the
leal ex'-use for failure to perform
a contract. This Is very likely to
confute the average person, as most
of the things which we would view
as "impowcibllitles" are not such
"ini possibilities" as will. In law. ex
cuse the failure to fulfill a contract.
The impossibility which will put an
end to a contract must ! of a rt
that the parties can be deemed to
have contemplated as an adequate
excuse, should It chance to ocur.
Hardship or unforeeen difficulty, no
matter how severe, will not excuse
failure to perform according to the
terms of the greenient. If a man
agrees to paint your house" in two
days. It ils no excuse that he finJs
It impossible to rinlsli the house In
two days, no matter how hard he
works. Neither Is It an excuse that
his mat rials- are stolen or dwtroy
ed and so he cannot pwcecd. Nor
1 It an excuse that his workmen
strike, unless that Is prvlded attains",
in the contract. Hut l.f thiT house1
should be burned, that would amount
to a destruction of the wubjet tnat
tr of the contract, which Is such an
Impossibility Jta will furn!.sh legal
excuse for failure to perform.
If one contracts to furnish his
own personal nervine (not to do
something that anyone may do) and
dk-s, or is seriously injured or falls
ill, no damage- for failure :o per
form his contract may be recovered
aga'iist h'a estate, or ngnlnst him,
since this is such an imposiihii'..!ty
as furnishes legal excuse.
When cue has complr'cd his side
of the eontra t, and not until then,
may he bring legal action to force
the other lwrty to do bin part. An
exception to this Is where' tlia other
parly has definitely broken the con
tract In advance by word or action,
as by a definite statement that he
did not Intend to fulfill the contract.
A person who has contract eel to de
liver goods must have the gooiN
i specified at the time and place re
quired. I hen. If the other party re
fuses to accept them a breach has
occurred wluich gives to hlm a lege!
right of action. If the agreement Is
to sell for cash he need only tender
delivery, and if the other party haw
not the ea?li to fulfill his part of the
agreement there has been a broach
of the contract.
(Copyright, 1013, by V K. Towers)
The Best Pain Killer
llucklen's Arnica Salve when ap
plied to a cut. bruise, sprain, burn
or scald, or other Injury of the skin
will immediately remove all pain. E.
E. Chamberlain of Clinton, Me.,
ays: "It robs cuts and other Injur
ies of their terrors. As a healing
remedy its equal don't exist." Will
do good for you. Only 2&c, at Fred
E. Ilolsten's.
Aug 7-28
PLANT DISEASES
Dr. E. Mead Wilcox, collaborator
in charge of Nebraska plan. disease
survey. Is making an effort to se
cure specimens, of plains in this
state affected by diseases of any
kind. Itlanks to fill giving Informa
tion and franked tags to be urtil !n
sending riiecinie.ns of plan's by null,
st hut no pos'jjc on them will be
needed, will be se.u by him to any
ore in Nibraski ui'ilviir! fur i lis
i h inc. addressing him at Lincoln,
j Tills Is a matter In which every one
should be Interenu.s?. Specimens of
fit Id and .lornje crops, veet ibles
and fruits uffpeUd with plant dis
ease are desired.
Suffered Eczema Fifty Years Now
Well
Seems a long time to etni. ro the
awful burning, itching, siu.nitlng kin
disease known as "totter" another
n:mie fcr Eczema. Socmen good to
realize, also, that 1M. HO'J-tO.VS
ECZEMA OINTMENT 1km proven h
Mrs. I). I,. Kenney writes:-- "I
cannot sufficiently ex;'-css my thanks
to yon for your Dr. Mmimou' g Ec
zema Ointment. It has cured my
tetter, whkh has troubled me for
over fifty years." All dnuiots, or
bv mail, 50c.
PFEIFFER CHEMICAL CO.
St. Louis, Mo. Philadelphia, Pa.
Aug 7-28
CIVIL SERVICE EXAMINATIONS"
Civil Service Examinations, on the
following subjects, en the dates giv
en, will be held; at Alliance. Full
information can be secured from J.
S. Johnston, local secretary, Alli
ance postofl ice.
August 18, 1913
Chief, offi-je cf information (male).
Department of Agriculture, salary
$'-'100 per year.
August 20, 1913
Radio Subinspector (male), $J
per efciy, in t lie .avy larti, ,ew
ork City. Assistant hi crop accli
matization (male), salary $4J to
$l-'0() per year. Radio elcLtr'.Min
(male), salary $4.4S per day, in the
Navy Vard, New York City. lab
oratory aid in Horticulture (male),
salary $720. Laboratory aid In phy
sics (male), salary Utm to $720. As
sistant preparator in paleontology
(male), salary $'IH per month.
August 2021, 1913
The I'nited States Civil Service
Com mission announces an examina
tion to be held on August 20 21,
ltMU, in Alliance, including other
cities, for TEACHER. INDUSTRIAL
TEACHER and ASSISTANT In the
Philippine , service. From the eligi
ble list tlius secured appointments
Wc want the
name of every
young man who
is ambitious to
.IE A LAWYER
and we want to hear from ev
ery L uslacss man who wishes
that lie knew NUSINl-SS LAW.
Write mi li t 111 mi L. butmvU Uw,.rt
4.-1 llKiri. l vuu i Ml n Ill laJ ('lePIK-A
fc'j 4nM mm 9ilh i ltl li . -iav li."t has b. .1 lntaritH
k. c. l.l l thaaa. I hU krhuul, lumr tt r.r. M, KM
rni ult mkm punt bar rsaclaailoa. la a.rrf aula !
Ua L.O. i.araaa asUvrw4 a) I'.ura, Ku.aa4 Maalaaa a.-a.
L",ra al. t-X CI) oir CwiM.-CuIUb.
Law C.Miraa a Lich i' tot piadi-. au4
( our 1' 4i.'l' U. I'tartieal. Uuameaa
Laa- (Viu: f..r Ba.4Uat. Urn.. Via
out a but-1 Ui aw c-t. ud tr h..w
aaall vott 0a 4laiB . thorough
i SfiB I ka.alrili. at tlx U akiU ral.u-
Sal al aa 'al taaaall.iarla
I. It. iH Ualr .BaMaallf
k aaa aaa-arla aa a. Uka laial
tsi ri roKRitroiuues
MUOOL UV LaN
Ml j.rtaM aUla;, HatnM,
avaVKBMBarSSS
mm
will be made during the coming
spring for service In the riillippine
Islands beginning with the opening
of M lunula next school yenr.
The service requires women for
Home EcoiieMiilcs. Men for Agricul
ture, Manual Training, llish Hcboril
Science, Mathcliwtt lcs, English, His
tory and Supervisors of School
1 n -
trlcts.
The Hastings Business College.
Hastings, Nebraska, has extended Its
courses of study afid now offers
civil service training, higher nc-
on
OIL
B
Burns Air and Oil
Lights easy as Gas, no trouble
operate, consumes 400 gallons
air to only one gallon of kerosene oil
Mi
NEWBERRY'S
HARDWARE CO.
CITY MEAT
W. R. Drake, Prop.
Fresh and Cured Meats
"The "Best of Everything"
Notice to Farmers and Ranchmen:
We do our our own butchering and
are on the market for the best we
can buy. If you have some excep
tionally good stuff to sell, let us
know about it.
Corner Box Butte Ave. and
t-"W
r " iel
ANYTHING' that you want in
A 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.
H ELP SETTLE TH E WEST
By Doing Your Part
Write your eastern friends about the bumper
crops in the West. Tell them about our Agricul
tural Exhibit at 547 W. Jackson Blvd., Chicago.
Business Openings
Tell your eastern friends about the new towns
on the Burlington Route, and what the chances
areforfrm hands and renters in your locality.
Tell them to send to me for descriptive literature,
maps, booklets, folders, etc.
nmu
Wise Ones Watch Want Ads
counting nnd a course qualifying
young people for commercial teach
ers in high schools and colleges.
The new proprietors are progressive
and very able me-n who have worked
In hlfih
Rrade positions themselves
and know how
to prepare ynung
1 pe-ople for successful caree rs. Sooner
j or later all business colleges will be
comHlled to give practical courses
! vhl h really ftt young people for
l,lgh srade work. Interested young
people should write them for their
literature. Adv-SS-lt-2413
Ami
to
of
(I!
1JJ
4th St.
PHONE 40
rr,r.!
ME
D. CLEM UEAVER
Immigration Agent
1004 Farnam Street, Omaha, Neb.
