APPEAL IN BANK
GUARANTY CASE
Slate Tskss Disputed Dated
Bank Su!tto Suprems Court.
CHICAGO m CHOSEN ORATOR
Professor Merriam Is Selected to De
liver Address to Nebraska Graduat
ing Class Jury Drawn in Murder
Case Renppraisement of Lands.
Lincoln, Feb. 29 The state has ap
pealed from the decision of the dis
trict court, of Burt oanty in the case
cf the state against the Farmers' and
Merchants' hank of Oakland.
At the time the bank guaranty law
was passed this bank was operating
under a state charter, but the law was
acid up by an injunction issued out of
the supreme court. Before that case
was decided and the law actually oper
ative the bank had changed to a na
tional hank.
The legislature had also passed an
amendatory law providing that state
banks need not pay into the guaranty
fund for the two years the law had
been operative, but this law did not
exempt banks which had In the mean
time converted into national Institu
tions. All such banks were sued by
the state for the apportionment of the
guaranty fund, and the Oakland case
was taken as a basis for litigation,
ie other cases to follow the verdict
n this?.
The state lost in the lower court,
which held that the amendatory law
aa discriminatory, in that it took
money from institutions which could
never profit by its terms and exempted
those which could. As the state banks
had not been compelled to pay the as
MOBsment, the converted national
tw.nks could not le held.
Reappralsement of Lands.
Reports have been received at the
office of the land commissioner of the
'w.nnrnisenient of school lands in
Oherry county. There are approxl
mately 24,000 acres of such lands in
the county and more than half of it
has been reappraised. The reports
show that under the new valuation
land runs from 25 cents to $3 per acre
wider the lease appraisal, which is an
increase of about 75 per cent over the
present figures. The appraisals have
not been approved yet and there is
Home question whether the good hay
tends are not valued too low.
Jury in Harris Case.
The jurv was drawn to hear the
firial of John F. Harris, accused of the
murder of David McFry on July 24,
1911. McFry and Harris were quarrel
nig and the accused man struck his
opponent a blow which caused his
death. The defense will urge that the
Mow was given in self defense.
Professor Merriam to Talk.
Professor Charles B. Merriam of
Chicago university will deliver the
commencement address at the state
university, June 13. He will take lor
his topic "Citizenship." Professor
Merriam was a candidate for mayor of
Chicago at the last election.
CALL MEETING TO REVOLT
Hastings Wcodmen Push Move to Pro
test Against Rates.
Hastings. Neb., Feb. 29. A move
ment calculated to muster the Modern
Woodmen of America in a state-wide
iwolt against the national organiza
tion on account of the action of the
Head camp in ordering a sweeping
aise in the Insurance rates was Inau
gurated at a special meeting of the
Woodmen of Hastings and nearby
towns.
It was voted by an overwhelming
majority to call a state meeting of
Woodmen to be held In this city on
March 20. Invitations will be sent to
till of the C02 camps in the state, which
embraco a membership of approxi
mately C0.OO0, and it is expected that a
majority of the camps will send dele
ccates.
According to local Woodmen the
members of the order are powerless
to prevent the enforcement of the
new rates unless the executive board
nhould consent to call a special meet
ing of the head camp to reconsider the
action taken at Chicago, which it
probably will not do. In the call for
tiq state meeting for this city the lo
r.a! camp makes it plain that the pur
pose Is to consider the organization of
m independent state Jurisdiction.
Golden Wedding in Beatrice.
Beatrice, Neb., Feb. 29. Mr. and
Mrs. Jacob Martens, old residents of
ls city, celebrated their golden wed
tfirg anniversary at the Mennonite
iliureh in the presence of about 200
guests. They were married in. Or
many and ciime to Beatrice twenty five
year ago.
Broken Bow Man Lost in Snowstorm.
Broken Bow, Neb., Feb. 29. Mr. and
Mrs. R. T. Baker, living a short dis
tance north of town, have received
word that their son, Albert, has been
Inst in the snow near Lander, Wyo.,
wul it is feared frozen to death.
Beatrice to Vote on Saloons.
Beatrice, Neb., Feb. 29 At a meet
ing of the city council it was voted to
tnbmit the saloon license question to
a direct vote of the people at the
Hpring municipal election.
MM.H3 STRIKE ARRESTS.
Snapshot Views
At Lawrence W
Taken
Ten Women
Were
Arrectc:;!
in Picts.
r
n
h 4
THOUSANDS OF GOAL
MINERS QUIT WORK
Gonlerencs In London is Mak
ing Final Eliorl far Peat!
IW)
London, Feb. 29. One of the reports
of the coal owners, alter another con
ference at the foreign offlne, stated
that there was no likelihood of any
settlement of the dispute in the coal
trade being reached.
The miners, after a long and stormy
meeting, passed a resolution deciding
to continue the negotiations with the
owners under the auspices of the gov
ernment, with a view to bringing about
a settlement of the dispute.
Some of the miners' delegates are
bent on war, especially the representa
tives of the collieries In South Wales,
but the executive committee succeed
ed in inducing the meeting to make a
further effort for peace.
In an official statement the executive
committee confirmed the decision of
the miners' federation to resume its
conferences with the premier.
The conference of the miners' feder
ation also passed a resolution to per
mit all the men whose services are
neeessarv to keep the coal pits In good
working order to continue at work.
This action has revived the hope that
It will not be long before the dis
putants are tilde to meet in a Joint
peace conference.
Tin re are now upwards of 11)0,000
mlnoiB on a strike.
CUTCH ON WAY TO IOWA
Two Hundred Farmers and Their Fam
I lies Reach New York.
New York, Feb. 29 Two hundred
Dutch farmers and their families are
in New York, en route to Iowa, where
they have purchased a large tract lor
I arming purposes. They arrived here
on the liner Noordam, from Rotter
dam. All are in possession of ample
funds and the men, women and chil
dren are splendid specimens of the
sturdy Frelsland yeoman farmers,
who have been the backbone of Hol
land in time of trouble. Heavy taxa
tion and high rents were the causes
of their emigration from Friesland.
Operate on Stomach of Baby.
Pontiac, 111., Feb. 29. An operation,
said by local surgeons to have been
performed on the youngest person in
the history of modern medical science,
was made on the baby of Mr. nnd
Mrs. Frank Stewart, near El Paso, LI.
Tho baby was born at 4 o'clock in
the mornlnn and at 2:30 o'clock in the
afternoon the surgeons operated on
the Infant's stomach. Physicians said
the babv would live.
Jury in Breen Divorce Case Disagrees.
New York. Feb. 29. The jury in
the divorce suit brought by Ethel do
ker Breen against her husband, John
i. Breen, erstwhile riding master, re
turned a sealed verdict In the su
preme court, holding that they could
not agree. The plaintiff Is a daughter
of Richard Croker.
Turks Defeated In Fierce Battle;
Rome, Feb. 29. A severe battle, re
suiting in the utter defeat by tho Ital
Ian troops of the Turkish forces anJ
their Arab allies, with great loss, is
reported In official dispatches received
here Horn Horns, about seventy miles
Mist of Tripoli, on the Mediterranean
coast.
Victor School Building Burns.
Victor, la., Feb. 29. Tho public
school building, together with a li
brary of 1,000 volumes, all the furnl
ture and the books of teachers and
pupils, was destroyed by fire. The
less is $10,000, with $3,000 Insurance
t orcvm w If , ,l f i
COMMERCE COURT
ANNULS OP.0EP.
n
Cass Flatly Cv2rrul3i
SURE TO ADD TO THE FFJDTI03
Decision Says Interstate Commerce
Coitimiosion Assumed Power It Nev.
er Possessed and Made Ruling Con
trary to the Evidence.
Washington, Feb. 29. An order of
the interstate commerce commission
reducing certain class freight rates
from New Orleans to Montgomery,
Pel ma and Mobile, Ala., and to I'ensa
I'ola, Kla., was annulled by a decision
of the commerce court.
The decision, handed dc n oy
Judge Archhald, is certain to add con
siderable fuel to the controversy al
ready acute between the interstate
commerce commission and the com
merce court.
The court declares that congress
never intended to clothe the commis
sion with the wide authority It has as
sujned. It was further asserted that
the court could discover nothing In
the record in support of the conclu
sions of the commission or to Justify
the reductions in rates that it ordered.
Commission Flatly Overruled.
The court's opinion concludes:
"Counsel for the commission and for
the go .'erntuent simply rely on the au
thoiity of the commission to deter
mine what is a reasonable rate and
the conclusiveness of its Judgment
whore it has done so, against which,
It was argued, the courts can afford no
relief unless the rate which has been
fixed is shown to he confiscatory.
"This contention must be respected.
In our judgment it was never intend
ed to confer on the commission any
t-uch unrestrained and undirected pow
er. It is not within the authority ol
the commission to reduce the rates in
this or any other case not mere'y
against the weight of tho evidence pro
duced to sustain them, but without
anything substantial to warrant the
conclusion reached or the reasons as
signed therefore.
"And this we are convinced is a case
of that character. Having regard to
the undisputed evidence adduced at
the heai'ln. the existing rates were
not shown to be unjust or unreason
able and there was, therefore, ne
vilid bnsh' for the commission's con
elusions."
First Cuse in Commerce Court.
This was the first cane argued be
lore the commerce court after its es
'.aldishmont, more than a year ago
It was broupht by the 1nilsvllle ami
Xashvill" i nllrond in an effort to mod
if o- the commission's onlei
of reduction.
ii w..s i.'-.i - d In the n .oii! tl.at il
iV.e or.'.cr of the commlseloii fixing
vh;.t, in Its opin'.on, were reasonable
rat?3 were er.'.orcod, the loss to the
Louisville and Nashville would he
2no,Ot:ti a year.
'I he. Ntv Orleans board ol tr.ido ul
lesed that t'.l.-.rriniiiKitins rates a 'ruin fit
New Oilcan were made by the Louis
vllle and Nashville and urged that
that city be put on an equality of rates
to the southeastern territory with New
York, Baltimore, the Carolinas and Vir
ginia. The opinion of the court Is dl
redly opposed to that contention.
Peavey Company Asks Rehearing.
Washington. Feb. 29. On the
ground that the recent decision of the
supreme court of the United States
in the "grain elevation cases" is be
ing used as a "rank discrimination,''
both as between shippers and local
Ities, F. H. Peavey & Co. and subsid
iary companies at Omaha and Kansac
City petitioned tho court for a rehear
ing.
KNOX EXPLAINS M SSI0N
Secretary Appeals for Closer Union
With Latin-Americans.
Panama, Feb. 29. The American
secretary of state, Philander C Knox,
made his first formal appeal for a
closer union of the American repuh
lies. The occasion was a state dlnnci
given by the acting president of Pan
ama, Rodolfo Chlarl, In honor of Mr.
Knox, and judging by the applause
the secretary's remarks were received
In a spirit that was largely sympa
thetlc and cordial.
This speech, while delivered before
the acting president of Panama, was
In reality addressed to oil the coun
tries he will visit and Included an ex
planation of the attitude of tho United
States towards South and Central
America. Mr. Knox said the president
believed tho early completion of the
canal should mark tho beginning ol
closer relations between the United
States and all Lutln-Amorlea; that the
purpose of tho United States towards
all the American republics was to live
.'n amity and essential harmony, and
tl.at the United States desired niort
neaco, tror" prosperity, more happl
ness and more security In their na
tlonnl lives. H" declared the United
States craved neither sovereignty noi
territory in Latin-America.
Cuba to Honor Dead of Maine.
Havana, Feb. 29. Full honorB will
be paid to the dead of the battleship
Maine before they are put aboard ship
for transport to the United States.
President Gomez issued a decree set
ting forth the program of ceremonies
PETER MORTENSEN IS DEAD !
Former State Treasurer Dies Suddenly
3t Home in Ord.
Old, Nob., lei). 29. Peter .Morten
sen, president of the First National
hank u:vl o-.ie of Valley county's most
ivspecl"l citizens, died suddenly at
!ils lio;;ie here. He came to Valley
ror.iity in the early days mid has been
a promiTieiit 1'uuire in the development
of this section of the state. The fu
neral w '11 be held tomorrow afternoon.
Mr. Mortensen was for many years
a le uler lu the Republican party of
j the state. He had served as state
treason i fer two terms, lie was tlr.t
nominated for this olnce in 1S9S, but
suffered defeat with the rest of the
ticket. In 19D2 he was again given
the nomination and was elected. Ho
won a reelection in 19 4.
Air. MoiietiM n was a native of Hen
mark, born Oct. 13, 1S4I. He came
to America when twenty six and locat
ed in Valley county in 1S72. Here he
built the first civilized dwelling in
the county, a dugout, that section of
the state being principally occupied
by Sioux and Pawnee Indlars when
Mr. M uteuscn arrived.
NEBRASKA SOCIALISTS
IN SESSION AT YORK
and Pick Slats Ticket,
York, Neb., Feb. 29. Tho Socialist
stato convention convened for a three
davs' session, in Armory hall. Tho
meeting was called to order by the
stato secretary, Clyde J. Wright. The
party has 100 local organizations in
the state.
Tho business of the convention will
he to make the state platform for 1912
and suggest candidates for the Btate
ticket and the matter of financing the
stato paper.
E. B Olmsted of York is a candldato
for delegate to the national conven
tion, which convenes at Oklahoma
CItv. May 12 Nebraska will send
three delegates.
G. O. Poster, the preacher Socialist,
from the Sixth district, will address
the meeting. Mr. Poster was formerly
a resident of Y'ork county.
WATER USERsTsEEK RELIEF
Homesteaders Say They Must Be Glv
en Additional Time.
Morrill, Neb., Feb. 29. For the last
week or two the homesteaders under
the Interstate canal, government
reclamation project, living in 1 lie vi
cinity oi' Henry and Morrill, Neb
have been holding local meetings at
their respective school houses and dis
cussing and passing resolutions con
cern'ng charges which the secretary
of the Interior is assessing against
their lands. Some of these resolutions
declare that If no relief Is offered in
the matter of payment at least 80
per cent will lose their lands and all
buildings end labor.
The local meetings culminated tu
mass meeting of the stockholders of
the North Platte Valley Water Users
association residing In the first lateral
('.'.strict In Morrill. About 150 home
steader" were present.
At this meeting resolutions were
ununlmoiis'.v passed memoimizing the
secretary of the interior to allow them
lo have a hand in making a contract
which they could meet. A publicity
committee, with II. A. Mark of Mor
rill as chairman, was appointed, with
instructions to begin a vigorous cam
palgn of publicity if their delegate
now in Washington does not succeed
In inducing congress or the secretary
of the Interior to make suitable terms.
PEARSE FOR TRADE SCHOOLS
Milwaukee School Man Reads Paper
to Superintendents.
St. LoulB, Feb. 29. Delegates to the
convention of the National Education
association spent a busy day the
third of tho meeting. The department
of superintendence, the national coun
ell of education, the national commit
tee of agricultural education and the
Educational Press association of Amer
ica were in session.
Carroll O. Pearse, superintendent of
schools at Milwaukee and president
of the National Education association,
read a paper on "The City Trade
School," in which he discussed tho im
portance of trade schools as instru
ments for improving the vocational
need of the city child.
Oregon Short Line Draws Fine of $300.
Holse, Ida., Feb. 29. Eight hundred
dollars In fines was assessoi against
tho Oregon Short Line rallroHd In the
United States district court. One flm-
vas for allowing eight train crews to
work more than sixteen hours wltho it
tho legal rest period: another for
holding stock In transit more than
twenty eight hours, and the third for
maintaining unsanitary premises at
Pocatello.
Chief Justice and State Printer Mix,
Carson, Nev., Fob. 29. Chief Justice
Sweeny of the stato supreme court
and Stato Printer Farnsworth camo
to blows over a relief bill that was
pending in the lower houso of the
legislature, Friends separated them
before any damage was done. Tho
extra session of tho legislature ad
journed,
Blue Springs Pioneer Drops Dead.
Blue Springs, Neb., Feb. 29. J. (i,
Allen, a pioneer resident, fell dead
while engaged in shoveling snow oS
the walk in front of his home.
LOCAL fJEWS
From Tucsilay s Imily.
Miss Hess I'.ilwarils I'aiue up
from I ti i in last eoniiiK. lier
M-lionl liauii". liccii eloseil for the
rest of the week on account uf n
deep mioyv.
Mrs. Chris (ianer, Miss I'.nitna
liauer ami Miss Cora Moisinvrer
of Cedar Creek came in on No. i
this inoriiine. and spent Hie day in
this city slioppiii.
Chris Tscliii ron of I'lal I sinoiil li
precinct was a visitor in this city
Saturday and called at lliis otlice
and renewed his subscription to
I lie Hails for another vear.
Mrs. (iustave lleidlenian, who
has lieeu visilinjr her parents.
Fred Kehne and wife, for several
weeks, departed or lief Home at
Creiiihlon, Noli., this afternoon,
tecoiupanied hy her sister, Miss
line, who will visit at Croihlon
for a time.
From Wednesday's IHilly.
John White-man and Mike
Yeleck of Nehuwka were county
seat visitors today, looking after
some items of business.
Dave Young and daughter, Mrs.
Seeley I.awton, of Murray, were
visitors in I lie city today and Mr.
Young' was n pleasant caller at.
this otlice.
Niles Coleman and his brother
Harvey Coleman, of flreenwood,
transacted business in tho coun
ty seat today, having come down
on No. -i this morning.
Charles C. Harnard of tho
vicinity of Mynard was a business
visitor in this city yesterday am
called at this otlice and ordercc
the Journal sent to his address.
V). J. Meisinger and A. L. Todd
were visitors in Hie city yester
day. They were pleasant callers
at, this otlice, and while hero Mr
Meisinger ordered the Journal
sent to him on Route 2.
Albert Tschirren of Hie vicinity
f Mynard was a visitor in this
city yesterday and called at this
ollice and informed us thai, he
had moved from Mynard to Route
L Plaltsmouth, and that, be wish
ed lo have his paper sent, to the
new address.
Ci. 1 lteil and son, II. llcil, oT
near Cedar Creek came, down on
No. i this morning to do some
shopping and look after business
matters at, the court bouse. Mr.
lleil remarked that he had never
seen (ho snowdrifts piled higher
than was done during the recent
storm.
O. K. Mayficld and wife arrived
on the afternoon train today to
visit their son, Claude and wife,
for a short lime and look after
business matters at, the Ncws
Herald otlice. Mr. Mayllcld has
not been in Platt.smout.li for three
months, and was not. out of his
bouse during tho months of De
cember and January.
Dr. Herman (iertiard, director
of the (ierman Castle colony of
Texas, is in the city and register
ed at the Plattsmniilh hotel. On
March It) a large excursion of
(Ierman colonists will leave Lin
coln to go to Texas with Dr.
(ierhard. Ludwig Wendl,, who
formerly resided in this city, is
already on I he ground, having re
sided there for six months, and is
greatly pleased with the country.
From Thursday's Dally.
Hen Dill, from near Murray,
was looking after some business
mailers in the county seat today.
D. A. Young and son, Ilex, from
near Murray, were in the city to
day looking after some business
mailers.
Credo Harris of near Union was
in the city last night attending
the M. V. A. rate discussion at
their hall.
1 Mrs. John Albert went to Im
manuel hospital this morning lo
visit her daughter, Miss Kmma,
for the day.
Mrs. Hendricks, from south of
the city, was in town today doing
some trading, driving up from
home this morning.
V. J. Mild, from near Mynard,
was in the city last Friday and
called at this ollice to renew his
subscription to the paper.
Herman Milch, I he eepmg
Water miller, was a I'laltsmouth
visitor last night and registered
at the Plaltsmouth house.
J. w . Mlinunds, the new mali
nger of the Fanners' Elevator
company at Murray, was in the
city today looking after some
business mailers.
C. C. Spangler und children of
Dewooso, Neb., arrived in this
city yesterday morning for a visil
with relatives in this vicinity. Mr.
Spangler was a pleasant caller at
this ollice today and informed us
that he had moved from Dewcesc
to Nelson, Neb., and asked us to
lo his new aH
said that there
in this vicinity
iiress, lie a so
was more snow
than at leweeso.
ese.
I. (I
lyer wa called to
on the afternoon train
( inialia
oday.
John
eading
Whiteman. one of tht
Woodmen of Nchawka,
interested listener at the
cussion last night.
was an
rale di.-
C. It. Chapman of Tnion at
tended the M. W. A. cling last
evening, haviuy I n invited to
the county seat for that nuroose.
John Kdmunds of Murray
ransacled business in l'lal.ls-
moulh for a few hours today. Ho
was accompanied by James
Drown.
specific for pain Dr.
Thomas' I'.electic Oil, strongest,
cheapest liniment, ever devised.
A household remedy in America
for -a years.
K. O. Mayllcld and wife return
ed to South Omaha on the morn
ing train today, after looking af
ter business matters in Platls
niouth for a short time.
A mistake occurred in the date
of the opening of the M. K. Man
speaker livery barn formerly
printed in the Journal. The date
of the opening is Saturday, March
2, 1912.
"I have been somewhat costive,
luil Doan's Regulets gave just tho
results desired. They act, mildly
and regulate Mm bowels perfect
ly." Ooorgo D. Krause, .'I0f Wal
nut Ave., Altoona, Pa.
Mrs. A. W. Smith left, far Car
son, Iowa, on the morning train
today in response to a telephone
message informing her that her
daughter, Mrs. HorutT, was much
worse.
Hen Wiles of near Mynard ,
boarded the train for Oma
ha today, where he was called on
business. On his return Mr.
Wiles will go to Malvern, Iowa,
for a few days.
Henry Horn drove In Troiu the
farm this morning to attend to
some business matters. Whilo
here he was a pleasant caller at
this otlice and renewed his sub- .
scriplion to the Daily.
Dyspepsia is our national ail
ment. Hurdock Hlood Hitters is
the national cure for it. It
strengthens stomach, membranes,
promotes flow of digestive juices,
purities the blood, builds you up.
ii
r
THEATRE ON FRIDAY
Comedy Drama Entitled "Sunday'
On lYiday evening, March 1,
at the Parmele theater, a com
pany of ten Louisville young peo
ple will present the beautiful
little comedy drama entitled
"Sunday." The play deals with
the life of a young girl whom at
the tender age of 1 year had been
left in the care of four rough
miners in a western town Silver
Creek, U. S. A. When she bo
comes of age she, is sent to Eng
land to complete her education.
While there she meets and falls in
love with a young army ofllccr.
Hut Sunday does not then
marry this man and remains in
England, but, for very good rea
sons, which arc revealed in the
play, tells him she can never
marry him and returns to her
boys, as she calls them, at Silver
Creek. The young ofllccr, of
course, follows her.
The play ends happily, as all
good plays should. The young
people have secured the serv
ices of a professional stage di
rector nnd will give a first class
performance in every respect.
Following is the cast:
Col. Hrinthrop. .-. . .Joseph .Kelloy
Arthur Hrinthrop. .James Donlan
Tom Oxley Armin Lee
Towser Victor Lee
Davy Harold Koop
Lively Roy ClifTord
Jacky Sidney Spenco
Mrs. Alice Narsey. .Myrtle Clifford
Mrs. Kale Shelton
Mabel Thompson
Maid Mabel Ward
Sunday Ilulh Noyes
Act 1.
The room at Silver Creek,
U. S. A.
Acts 2 and 3.
Hrinthrop Abbey, England.
Act 4.
The room at Silver Creek,
II
S. A.
Prices 25, 35 and 50 cents.
German St. Paul's Church.
During the Lenten time we will
have the Lenten services on Fri
duy evening at 7 ::i().
Hogs Wanted.
Will pay market price for hogs
weighing from 80 to 150 pounds.
See J. P. Falter, in Coales' Hlook.
send Ins nanei-
SID
AT PAKMELE