MONDAY, NOV. 21. 1827. TLSXTSXLOWnt SEMI - WEEKLY JOCBNAL g-JiiL-&l-Z SZn-VvTEIILV AT A . It looks as if Senator Norris might be nominated by the corn-Borah party. :o: It's a pretty sate plan to judge a. man by the people he doesn't keep company with. :o:- Two classes that don't know just what the farmer wants are congress men and farmers. -: o : - i McAdoo insists that he is now an ex-politician. Would that others might emulate him. It doesn't seam like it would be difficult to set a slow motion picture of the Chinese war. -:o: Until thi Teapot Dome thing started, we didn't know what crude oil producer really meant. An egoist doesn't think any more of himself than yen do. II" is just honest enough to express it. ' :o:- IIow did Mrs. Coclidg? ever get away with that all-red suit ensemble in Washington under this adminis tration? :o: A little boy in our block prefers a big ripe tomato to an ice cream cone, but he seems normal in other respects. The scars of war have healed, but it looks as though politicians never will forget the sources of revenue discovered. -:o:- Prince Fernando, cf Spain, has been found, according to dispatches from Europe. We didn't even know be had been lost. Smith is the most common name in the United States, there being' about 1,304.300 by that name. John son is second with 1,024,200. , :o: i Another thing the consumer pays for, though he may not always stop to think of it, i3 the magnificent art work in the automobile catalog. I Because Senator Borah is an cques-! trian, a Virginia man sent him a horse named "Al Smith." Borah ac cepted the steed but named it "Gov ernor." I Did you ever notice time passes faster when it nears something you don't want to do, and slower when there is something you want to do or, expect? :o: A lovely young girl, serenely puff ing a cigarette is not the most in spiring spectacle in the world to mere man. but what is he going to do about it? ' The English judge who told a plaintiff to show her knee to the Jury, either must have been near sighted or the English girls are be hind the times. A Chicago woman's toes have been grafted to her hands, following a motor accident in which she lost her fingers. Now she can kick a piano to pieces. :o: . A 72-year-old bride in New York is not greatly different from other brides. Two weeks married, she is advising all the other girls in her set to get married. i :o: Ingenuity must be admired. A re markable degree of ingenuity was displayed by the twt men who per suaded the Virginia farmer to put $6,000 in a trunk and pray in an other room for the recovery of the father of one of the men while the two walked away with the 5 6,000. Nebr. City TELEPHONE Nebraska City 13 Exclusive rULlIUilOBIIl. 2J3EEASZA BATES. Publisher A woman's quest is usually a con quest. -:c:- Many an attorney, like necessity, knows no law. A lean woman a. id a fat one nearly always envy each ether. : o : Speaking of th" nomination, many ; feel called and all have chosen. Dnn'i kick a b: el dog too Ions if you don't want a fi-Mit on your hands, j :: j The more a man sets the more he wants unless a police judge is deal ins it out. :o: Princeton. Harvard and Yale are fro ins to row together. We mean row. not row. -: o: Mayor Thompson of Chicago might have hi en really iselul at the battle of Hunker Hill. Luxuri- .-; are almost prohibition here, but in Russia you can get a divorce for a rjuaitr. : o : Attacked by a large .lock of cows, a pet cat in Jeanette, Penii., w;.s literally torn to pieces. : o What will happen to Shakespeare's works when Big Rill Thompson finds out he was an Englishman. :o:- A clothing" trr.d" journal says wom en were never so well dressed as they are today. Huh! How about Eve? Bangs in front, the new Paris edict for the ladies. The trouble is. the husbands are the ones usually bang' d. The crown of Rumania is too 1. ig for Mike to wear, but it should make a dandy home plate if the kids piny baseball. -:.:-- A martyr is a large, healthy party who works right through a flight three-handkerchief cold and refers to it later as gr'p. :o: Blackmer and O'Ne-il. the missing Fall-Sinclair witnesses, are just n coup!" of oil men trying to keep out of troubled waters. -:o:- Cermauy's tag trade is languish ing, it is announced, because the men wear their clothes too long and the women wear theirs too short. :o: Boston bakers have been arrested for selling bread on Sunday. Evi dently they couldn't grasp the blue law interpretation of a Sunday loaf. : :o: The vest pocket radio has arrived, and the Chicago News rejoices that space may now be made in the liv ing room for the cabinet size cigar lighter. :o: Amber is a fossilized vegetable resin occurring in small quantities in the more recent geological for mation in many parts of the Amer ican continent. :o: The federal trade commission is reported to be active in searching out infractions and evasions of the law by big business and rr."!?.'l business as well. There are likely more cor Is lying around that could be used. :o: "Documents," we are led to 1 lieve, Lillian Gish said in her simple spontaneous way, "began when- t":e first man arose from all fours a:.d drew a rough outline of a buffalo n the walls of a Pyrnean cave." Whi h goes to show that it takes more to make a movie star than the ability to shed glycerine tears. Headquarters FOR SlaliGOR lira Impairing Money Back Guarantee! Tire & Vulc. Co. SERVICE CAR Dealer JUDICIAL POWER TO RESTRAIN NEWSPAPER- PUBLICITY ! The right of newspapers to pub lish facts concerning cases on trial in the Federal courts has been made a matter of official examination by Federal Judge Paris, as the result of a recent verdict in a prohibition case presumably influenced by a news paper article. The U. S. District Attorney at St. Louis has. in fact, been directed "to examine into th; nir.tter with a view to tiling a prosecution for contempt against these who are guilty." In comrn"nting o;i the matter Judge Paris said: There exists, as I have fore cast, a difference? between the English rule and the American, rule. Led away by considera tions perhaps of polities we have got far away from the English rule ::s to things of this sort. That rule was laid down in the Crippen case. It is bot tomed upon a single prineirdo. which prevails throughout every country except America, where the common law is in e xistence. That principle is that it is a duty which newspapers owe to so ci ty and to decency, as well as to the law, to take their hands off a case the minute the court puts its hands on the- cas-i. and for the newspapers not to put their hands back on the' c;.se uiitil the court has removed its hands. That is th" Em.-!!- h rule. ' u elge Paris has inised st very larg--oi. -ti' r. . involving the fir.d amend- 'it to the- Constitution, guarantee ing the freedom of the press, as well as the fifth and sixth amendment", rafegnaniing an accused in our pe culiar system. Behind his statement is adumbrated the very wid" power exorcised by English Judges, sup posedly Viy common law. to punish summarily for contempt for any a; ts committer! anywhere that are thought by the Court to "hinder the admin istration of justice." It is a matter of historical proof that this power was unknown to the English system of law until it was ucr.ir,,d by the Star Chambe r in the latter half of the sixteenth century. When the Star Chamber was abolish ed by the ;:ct e.f HMO and the Court of Kings Bench instituted in its place, the latter court continued to exercise this arbitrary power, but without a worel of statutory author ity. In bis admirable History of Con ttn.pt of Court, just off the Oxford ;v e ss. Sir John C. Fox preserts pi'001 of the fact that there is no warrant in the common law for summary punishment for contempt committed out of court: that such contempts from very early times were proceed ed against like any other trespass, with the assistance of a jury. He proves likewise that the common law iloe-s not sanction imprisonment even for contempt committed in the pres ence of the Court, unless the offender was entitled to obtain his discharge upon "making fine"; and that never could contempt be punished by the double pe nalty of fine and imprison ment, until the English courts as sumeel that power in the seventeenth ct ntury. As the English courts have strug gleel for power anel chafed at re straints, so, too, have our Federal courts. Our courts were harelly in stituted before they began to wield the most portentous powers, with no statutory warrant whatever. They claimed the right to enforce that vast body of unwritten precedent known as the English common law. That reign of judicial tyranny lasted until about 1800, when the Supreme Court admitted that the Federal courts had no common law jurisdic tion. But these courts continued to ex ercise the power of summary punish ment for all manner of alleged con tempts until Federal Judge Peck of Boston found himself subjected to im peachment proceedings before the Senate in 1S31. Peck had summarily sentenced one Lawless, an attorney, to 24 hours' imprisonment anel sus pension from practice for 18 months, because of a Utter the latter caused be published which Peck consid ered libelous. The contempt power of the Federal courts was consielered exhaustively in this case, anel while Peck escaped by a vote of 22 to 21, James Buchanan, the chief manager of the prosecution, declared in his closing speech : I will venture to predict that whatever may be the decision of the Senate upon this im peachment, Judge Pack has been the last man in the United States to exercise thi3 power, and Mr. Lawless has been its last vic tim. To make certain of his predic tion, James Buchanan carried through Congress the same year a statute specifically limiting the pow- iC'l-it v; .jrs? v II II I I pi E3 mm for over 35 years 25 ounces Ecr MILLIONS cf POUNDS USED BY THE GOVERNMENT Guaranteed Pure '" i cr of th Federal courts to punish tor contempt to cases oi Tiie misbehavior of any per son in the presence of the said j courts or so near thereto as to obstruct the administration of justice. The net further limite'd judicial discretion as to penalties for "cor- ! ruptiy or by thre ats" obstructing or : endeavoring tr ejbstruct the admin , it ration cd" justice, to fine not x I ce-eding ?r0() or in:pris-inment not exceeding three months or both. It , w-.'.s not unusual in the Star Cham- b. r to sent nee to iaiprisonme-nt ffjr life in contempt case s. j The Buchanan act was not very : palatable to the I'Vderal courts, but , they acknow led red it as a limitation i until very r'C'ntly. Ia the case of Itlie Toledo N'-'vsnaper Co.. 247 U. S. j 402, decided in 101S. the Sopre m" ; Court said that the act of 1S31 i Recognized and sanctioned the j existence of the right of self- preservation, mat is, t ne power to restrain acts tending to ob struct end prevent the untram- , , ... I men.'. i aim unp?eju'i:teu ewe: c :.e j of the judicial power given by summarily4 treating such acts j r.s a contempt and punisb.ing j accordingly. With this encouragement a U. S. Circuit Court of Appeals, in 1923, I in the Michaelson case. 201 Fed., i 9-10, declared in substance that the power of the Fede ral courts to pun ish summaiily was inherent and j could ne t be limited by Congress. But the Supreme Court declined to ; go so far and reversed the case, de claring the act of 1S31, anel section j 21-25 of the Clayton act, providing j for jury trial in certain contempt leaser, to be constitutional and man jeb'tory. Yet there is no satisfactory el. finitioii e f n,l -he havior "not so near to tne court as to obstruct me adminiJtration of justice"; and in li'24, in the cas" of Cooke. 2C7 U. S., 17, the Supreme Court upheld the power to punish contempts commit ted constructively; that is, not in the j court's presence, while recommending ! notice for the accused and an onpor . tunity for defense' or explanation. If the Fe deral courts can v. ield I the weapon of contempt against pub llicitv vith respect to cases on trial. it is but a short stride to the power , railroad, which is doing some exten to punih by contempt all subse-'sive road work in that locality. This quent comment. bs in the Grand Canyon National Park If the District Attorney at St..rM""r an" v" scenic . . Thev are building a road l.ouis can unci any sucn clangorous power as Judge Faiis appears to wish to find, the sooner he discovers it the better; for the sooner it should and will be taken away by an art of Congress. fiGAPlA5GjjE i; i. Our Repair terested people used to gather at the is kept constantly busy because mo- iien home in earlier times to listen! torists recognize it as the best and in over his crude receiving set. He' most reliable repair shop for every worked for the Bell Telephone corn kind of damnpe a car can nossiblv pa,,y fpr four ycars' ,ater RettinS Kinti oi damage a car can possitny ff.fo worfc with thg railroads . sustain. And, being practical men of He is a hustier and makes good every long and varied experience, all our time and has a bright future. His repair work is excellently and thor- oughly done, -without unnecessary de lay and at reasonable charge. Frady's Garage Phone 58 Merchandise ConiriiiuiiGES for Festival While No Concerted Drive Will be Made. All Donations will be Gratefully Accepted. In response to numerous querb-s as to when solicitation would be made for articles ef merchandise from ' the various stores of the city for the American Legion's Harvest Festival, which opons a week from Saturday in j the new community building, the fol lowing public statement has been prepared : "As evervone is aware, the entire proceeds ot this enterprise go toward j the payment of outstanding inelebt ness on the initial unit of the new-j community building. After the debt: is e leaneel up, proceeds of Legion-con-j ducted activities will go into a fund . to provide fer final completion of t':e building by addition of the second storv. with its stage, trussed roof and! balcony. Not one penny is expanded! for individual or collective benefit cf the Legion itself. "The Leghm is duly appreciative of the splendid support it has receiv eel from merchants and business men and eloos not want to press its solici tation to a point of being burdensome to those who are so often called em to bear the brunt of all expense con nected with public enterprises. "It does find, however, that a con siderable number expect anel want to follow the custom of past years at our carnivals by contributing articles of merchandise, which thru ingenius carnival promotion can be turned in te handsome sums ef money. ".Ml such voluntary contributions will be most gratefully accepted and displayed with suitable cards bearing the elonor's name, both before and during the carnival. "No coercion or active solicitation will be en ga seel in anel the business man who feeds he can't afford to con tribute; anything from his stock can pursue that policy with a knowledge that he will be held in the same high esteem by the American Lesion and its indivi'lual members as though he gives most generously. "The committee feels that each and every merchant knows his own financial condition and ability to give better than anyone else, and is will ing to accept his decision to give or not to give as honestly arrived at and in keeping with this policy will hold those in the same high esteem who do not covtribute as those who do. "Our indebtedness is quite heavy and eiVorts are being made to make this carnival bigger, greater and bet ter Ihan any before, and those who desire can aid the cause materially j by volunteering contributions from their stocks as in years past. "Those who want to give are asked to call cr see the following named members of the Legion: Henry G. Soennichsen, Mahlon Brown, Edwin Frie ke. Roy Holly. Fred Lugsch or Frank Smith." Former Cass County Boy Now a Railroader Arthur Kcil, Sen of Mr. and Krs. W. H. Keil is in Service of L. A. & S. L. Eailroad. Mr. and Mrs. W. H. Ileil have been receiving some very interesting : let te rs from their son, Arthur T. Heil. who is now located at Cedar City. Utah, where he is-in the em nlov of the Los Angeles & Salt Lake over the mountain end they are located on the rim of a canyon. They had about eight inches of snow early in Novem ber and farther back on the mountain they Jiad two feet of snow. In that country, however, the snow does not last long, as it is much warmer by the canyon. Mr. Heil occupies a little cabin and his wife is with him, and they are greatly enjoying the change of climate and scenery and the excite ment of being a part of an immense road building operation. He is time keeper and has 115 men in his pang and also has about 50 men working in the tramway. He looks after the distribution of the labor, keeps track of the material .and has the gasoline under his di rection and has many reports to make out and is about the busiest ' he has. ever been and likes it fine. Their monthly payroll, is about $15, : 000. i They are equipped to clear the road in case of heavy snows as they have a large 10 ton caterpillar tractor to .use; for a snow plow with a scraper attachment and also a rotary attach- ! ment. j Arthur Heil is a graduate of thej .Louisville high school. He made the first radio outfit in Louisville and in-J many friends here will be interested to know what he is doing at present. This undertaking will keep him busy for some time to come, perhaps for another year. Mrs. Heil was an Om aha girl and was Miss Ruth Snyder, an employe of the telephone com pany before her marriage. Louis-1 ville Courier. j if -1 1 1 thm WILL HOLD INSTITUTE The district institute of the Ep worth League vill be held cm Nov. 25th and 2Uth at Spiingfield. Rev. 11. E. Sorter of this city being in Omaha today to make ine r.rraiige int:;ts for the m-'etiiig ami attempt to st euro n ouml.-er of the leaib v. i:i the young peop'e'.s woiic in the state.- ,t 1 1 rae tins at this nieetiii.-. T he Leagues that will h.eve pan i in the meeting will lv those of A.-ii-; land, Gre tna, Siring!iell. Pav-iiiion. , Union, Nehav ka, Weeping Water. Nt braska City, Plattsmouth and ; Louisville, representing the southern portion of the Omaha district. 1 The sessions of the institute will be held in the new Methoelist church at Springfield which will make a' splendid place for the sessions of young people's organization. the NEBRASKA CITY Where Crops Never Fail Drive down anel look the town and e'ountry over before buying that city borne or farm. Tin's section of the country has many advantages over other locations. Just come and see. We will show you better values for your money. Good farms at 50 0 to ?1R5 per acre. Address .T. M. LIVINGSTON CO. Real Estate. Nebraska City, Nebr. MR. LOWE. Five American Presidents gone outside the United States in office. President Cleveland fishir.s bevond the three mile have ; while went limit. ! a theoretical boundary. Roosevelt went to Panama. Taft visited Mex ico, Wilson made two trips to Eu rope, and Harding, en route to Alas ka, visited Canada. : o FOR SALE Five acres, new house, other im provements. $3,900. Terms. Call or see II. W. Beller, Tele 655-W. ltw SHERIFF'S SALE State of Nebraska, County of Cass, ss. ! By virtue of an Order of Sale issued by Golda Noble Beal. Clerk of the Distri't Court, within and for Cass county. Nebraska, and to me direct-; ed, I will on the 19th day of De cember, A. D. 1027, at 10 o'clock a. m., of said day. at the south front door of the court house in the City of Plattsmouth. Nebraska, in said 1 county, sell at public auction to the' highest bidder for cash the following real estate, to-wit: ; Lots four C4). five (5) and i six (6), in Block twelve (12), in l ourg and Hayes Addition to the City of Plattsmouth, Cass county, Nebraska the same being levied upon and taken as the property of James McCulloch. defendant, to satisfy a judgment of said court, recovered by Henry Brown, plaintiff against saiel defend ant. Plattsmouth. Nebraska, November 16, A. O. 1927. BERT REED, Sheriff Cass County, Nebraska. SHERIFF'S SALE State of Nebraska, County of Cas.s ss. By virtue of an order of sale issued by Gold.i Noble Beal, Clerk of the District Court within and for Cass County. Nebraska, and to me direct ed. I will on the 2fith clay of Novem ber. A. D. 1927, at 10 o'clock a. m. of said e'ay at the south front door of the court house at Plattsmouth. in said county, sell at public auction to the highest bidder for cash the following real estate to-wit: All that part of lots 2.0 and 25 in th? south west quarter of the northeast quarter of section 21; lying east of the pub lie' road known as road No. 19S; lot 2:5 in the southwest quarter of the northeast quarter of section 21; the east half of the southeast quarter ef Section 21; lot 29 in the northwest quarter of the southeast quarter of Section 21; all of Section 22 except ing five acres out of tho northwest corner of the northwest quarter cf the southwest quarter of saiel sec tion known as lot No. 14; all of frac tional Section No. 27; the northwest quarter of the northeast quarter, the south half of the northeast quarter of Section 28; the southeast quarter of said Section 2S, all in Township 11, north, in Range 14 east of the 6th p. m. The same being levied up on and taken as the property of Cromwell Land and Cattle Co. a Cor poration; John Nottleman and How ard W. Hull defendants to satisfy a judgment of said court recovered by Eugene A. Nutzman, plaintiff, against saiel defendants. Plattsmouth. Nebraska, Oc tober j 22d, A. D. 1927. BERT REED, ; Sheriff Cass County ' Nebrarka. j NOTICE TO CREDITORS The State of Nebraska, Cass coun ty, ss. In the County Court. Pi the matter of the estate of Jacob Biiee hb-r, deceased. Te the creditors of said estate: You are hereby notified that I will sit at the County Court room in Plat tsn;eut h. in said county, on the Mil clay of Do: ember, l.27, anel on the !it!i clay of Mareh. 1!)2S. at ten o'clock a. m.. of each of said -days, to receive and examine all cltims against said estate, with a viw to their adjustment and allowance. The time? limited for th" presentation of claims against said estate is three months from the 5-th day e;T Dei-ember. A. D. 1!27. and the time limited for payment of eh b:s is one year from said Sth day of December, 11(27. Witness my hand and tie seal of said Coi.nty Court, this 1th day of November, 1027. A. H. DU7BURY. (Seal) County Judge. CHAS. E. MARTIN, n 7-4 w Attorney. NOTICE TO NON-RESIDENT AND UNKNOWN DEFENDANTS Notice is hereby given that Wil liam F. Laughliti, lias filed his pe ti tion in the District Court of Cass County. Nebraska, on the- 12th day of November. 1927, against The s. F. Ke riihard and wite- Eva M. Kerrl hard, Jc h n L. Weath-rs and wife Weathers, first and re al name unknown, William H. Tannehill. un married, their heirs and devises, le gatees anil personal representatives and all persons claiming by through or under them, and N. II. Meeker, first and real name unknown and wife Nettie T. Meeker, Benjamin F. I aughlin; and all persems having or claiming any interest in Lets 59 and 00. exce pt 14 feet off the north side of Lot 50, in the village of Green wood, Cass County. Nebraska, real names unknown, defendants, the ob ject and prayer of which is to reform certain deeds to conform to the true correct and legal description intend ed by the parties thereto and to quiet the title to the above described real estate in the name of William F. Laughlin the plaintiff herein and forever enjoining the above name'W defe ndants and each of them at.d all persons claiming by through or un der them adverse to the? plaintiff herein, and for such other and fur ther relief as may be just and equit able. The defendants anel each of them are required to answer said peti tion en or be-fore the 2Cth day of December. 1927, or the allegation therein will be taken as true. WILLIAM P. LAUGHLIN. Plaintiff, J. C. BRYANT. nl4-4w Plaintiff's Attorney. SHERIFF'S SALE I State of Nebraska, County of Casa ss. Bv virtue of an order of sale issued by Golda Noble Beal, Clerk of the District Court within and for Casa County, Nebraska, and to me direct ed, I will on the 17th day of De cember, A. D. 1927, at 10 o'clock a. m. of said day at the south front j door of the court house, in the' city of Plattsmouth in said county, sell ' at public auction to the highest bid ler for cash the following real es tate to-wit: South 4 8 feet of Iots one (1) and two (2) Block thirty six (3G) original city of Platts mouth. Nebraska, alse that part of Lots six (C) seven (7 and eight (S), in Block twenty-nine (29) in Young anel Hi.yes addition to the city of Plattsmouth. described as fol lows: Ccmnie ncii'g at the northeast corner of Lot eight (8) in said Block twenty-nine (29) Young and Hayes addition, running thence west along the routh line of the nl'ey passing through said block east and wet 170 feet and 3 inches, thence south 65 feet, thence east parallel with the south line of saiel block to the east line of Block twenty-nine (29), thence north C5 fot to place of be ginning, being the north 65 feet of Lots seven (7) and eight (8) and the north 65 feet of the east half of Lot six (6) and the vacated alley, in Block 29 described as follows: Be ginning at the northeast corner of Lot 6. Block 29, Young and Hays addition running thence south 65 feet, thence east 14 feet to the west line of Lot 7, thence north along the west line of Lot seven (7), 65 feet to the northwest corner of lot. thence west 14 feet to the place of beginning, all in Block twenty-nine (29) in Young and Hayes addition to the City of Plattsmouth, as sur veyed, platted and recorded, Cass County, Nebraska, the same bcinff levied upon and taken as the prop erty of Carrie E. Ghrist. ct al., de fendants, to satisfy a Judgment o said court recovered by The Stand ard Savings iC- Loan Association of Omaha. Nebr., plaintiff, against said defendants. Plattsmouth. Nebraska, November 12th, A. D. 1927. BERT REED, Sheriff Cass County. Nebraska.