The Falls Tribune.
Vol. VIII FALLS CITY, NEBRASKA, FRIDAY, JULY, 14, 1911 Number 36
NO INJUNCTION
WAS GRANTED
FEDERAL JUDGES SAY APPLI
CATION ILLEGAL
GIFT LAW ABGUEU ON ITS MERITS
State's Motion to Dissolve Tempor
ary Injunction Sustained
by the Court.
Three federal judges last Tues
day refused to issue a temporary
iujunction forbidding the enforce
ment of the Nebraska anti-free
gift law, popularly known as the
anti-tradding stamp act. The
court afiled, however, to declare
the statute constitutional, its re
fusal being based upon the tech
nical ground that the application
for an injunction had been im
properly brought against the at
torney. general, whereas there
was no evidence at hand to show
that he intended to attempt any
action against patrons of prem
ium enterprises.
The decision came almost im
mediately after attorneys for the
plaintiffs had finished presenting
their ease. Deputy Attorney
General Ayres offered a motion
that the temporary injunction he
dissolved on the ground that the
plaintiffs had failed to show
that they were in any manner en
clangored by au act oi the defen
dants, Governor Aldrich and At
torney General Martin. In sus
taining this motion, Circuit Judge
W. I. Smith of Council Bluffs,
who shared the bench with Dis
trict Judges W. II. and T. C.
Munger, said:
“It is not necessary for this
court to express an opinion on
tiic validity of the statute. The
theory of an injunction is that
the person whom it is desired to
enjoin is about to commit an act
of trespass upon the property of
the plaintiff. 1 do not mean
this to be taken in an absolute
literal sense. A man’s business
is his property and is subject to
trespass.
“The plaintiff’s complaint em
bodied an alleged interview with
the attorney general in which he
annaunccd his determination to
enofree the law. This has been
shown to be untrue and it is not
attempted to make an utterance'
of the deputy attorney general
stand in its stead.
“The court finds that there is
no evidence that the attorney
general had any intention of un
dertaking the unusual proceeding
of himself bringing a prosecution
under this statute. There has
been no showing of any danger
to the busiues of the plaintiff.
The court holds the opinion that
it cannot enjoin the attorney
general on fear aolne. Therefore
the restraining order issued by
the district judge is dissolved
and the temporary injunction is
refused.
Attorney C. (J. flansburg, re
presenting Sperry & Hutchinson
and William Gold, two of the
plaintiffs, asked permission to
amend the plaintiffs,bill to sub
stitute the deputy attorney for
the attorney general as a defend
ant and his deelaartions for the
alleged statements of the attor
ney general. The court gave its
permission to this change, pro
vided that it not be with a view
to a reconsideration of the appli
cation for temporary injunction
hut oslely for use in the final
hearing on application for a per
manent injunction.
Claim Act Unconstitutional.
The two New York companies,
which are premium concerns giv
ing merchandise in exchange for
trading stamps or premium tick
ets, claim that the Nebraska law
is unconstitutional in that it pro
hibits a legitimate business and
in that it is class legislation.
They aver that their business is
in no sense a gambling enter
prise. but a straight business
transaction, for the execution of
which they have valuable con
tarcts outstanding which would
be injured by the enofreement
of the law. William Gold of
: Gineoln, as Gold & Company,
with whom Sperry & Hutchinson
lias a contract for trailing stamps,
is named ns co-plaintiff in the
Sperry & Hutchinson suit. The
Magazine & Book company’s case
was filed as a separate suit.
Judge T. Hunger granted a
temporary restraining order
against Governor Aldrich and At
torney General Martin a week
1 '
i W, G. Hamilton of New York
is attorney for the Sperry &
[Hutchinson company. He re
marked that his company has a
similar suit pending in Michigan,
where a law somewhat like that
of Nebraska has been put on the
statute books. No other similar
cases are pending, lie said.
Bailey’s Free List Defeated.
Washington, July 13—Senator
Bailey’s free list amendment to
the Canadian reciprocity bill dasi
defeated in th esenate today by
a large majority. So evident was
the margin against it that Sena
tor Bailey did not ask for a roll
call.
Pursuing the policy of forcingj
the opponents of rcciporeity to
proceed without delay, Senator
Penrose urged Senator Bailey to
introduce his wool tariff amend
ment at once. The latter did so,
and the senate adjourned with
the amendment pending. It is
a modification of the wool tariff
bill recently passed by the house,
and places all duties on raw and
manufactured wool at a general
average of 30 per cent.
The consideration of the reci
procity bill is expected to move
with rapidity from now on. The
wool amendment probably will be
disposed of tomorrow.
Narrow Escape
Last Tuesday night as the
‘‘jerk water” train pulled into
Salem, Ray Ziegler, the night
operator, was standing near the
track to give the engineer a copy
of the orders, and was closer than
lie figured and as a consequence
the pilot of the engine struck
him, knocking him down. He
had presentee of mind enough to
catch hold of the rod and hold
himself from being thrown un
der the wheels. The engineer saw
the accident and applied the
emergency brake, stopping the
train very sudddenly, thus giv
ing Ray a chance to regain his
footing. As it was lie was bruis
ed up somewhat, but considers
it very fortunate that it was no
worse.—Salem Standard.
Robber Got Away.
Joplin, Mo.,. July 13.— While
an express ear of the Pacific Ex
press Company was standing at
the Missouri Pacific station at
0 o’clock this afternoon, a robber
entered it during the brief ab
sence of Messenger L. D. Hill
and stole the money pouch, con
taining $400. The robbery oc
curred in broad daylight at a
time when scores of persons were
passing along Main street not
fifty feet away.
Hill had gone from the ear to
another ahead to assist in load
ing some express. He was absent
about five minutes. He did not
discover the robbery until the
train had reached the first sta
tion east of here. He immediate
ly reported to the police, hut up
to a late hour tonight no clew
to the robber had been secured.
Bed Clothing Takes Fire.
Grand Junction, Col., July 13.
—Two are dead and three were
seriously burned today at Ruby,
Col., as the result of a fire orig
inating in the bed clothes which
had been saturated with gaso- j
line during house cleaning. ,1. R.
Williams, his wife and one child
were brought to the hospital!
here suffering from burns. The j
dead are two children of Wil
liams.
Woman Deserter Arrested,
The first local eas.; of a
w'oman being arrested, under the
Iowa law, for deserting her bus
band arose last Wednesday night
when Mrs. A. Sodorholm of Ot-!
tumwa was held by the Daven
port police, charged with leaving
her spouse. The husband and the
Ottumwa chief of police came af
ter her. She was on her way to
Rock Island to join her mother.
McMahon’s Amusement Com
pany opened last night with a
big attendance.
Henry Caverzagie Dead.
Henry Caverzagie died at the
home of his mother in Rulo,‘July
7, 191.1. In a few days he would
have been 31 years of age. lie
was born in Rulo, and has spent
most of his life here. He was a
member of the 0. U. W. lodge of
Rulo, and his going left the
ranks broken for the first time.
He had been failing in health for
some months, but had not been
bedfast longre than a week be
fore his untimely death. Four
sisters and two brother together
with his widowed mother mourn
his departure to the Great Be
yond. The funeral was held
from the Catholic church Mon
day morning at nine o’clock am!
a large crowd assembled to show
their last respect to his and
sympathy to his fond ones. The
remains were laid to rest in the
Catholie cemetery southwest of
Rulo.
Girl Attempts To Hold Up Bank.
Akron, O., July 12.— Edna
Doble, a thirteetl-year-old Akron
girl, is under arrest charged with
attempting to hold up the Cuy
ahoga Falls bank in the true Wes
tern style today. She walked in
to the bank and asked for the
cashier, J. W. Wolfinger. lie
happened to be out, and D. B.
Gcnsemer, a bookkeeper, was in
charge.
The girl then pointed a gun
in Gensemer’s face and demand
ed that lie give her all the money
that was in the vaults.
lie told her the safes wer>:
locked and that he had no keys
to them.
“Then give me all the money
you have in your pockets,” sli^
said.
“Sorry, but 1 have not any
with me,” answered the book
keeper.
The girl then backed to the
door, still covering Genseuuuh
He called to the town marshall,
who was in the street near the
bank, aud the girl was arrested.
Plant your advertisement in
the Tribune and watch your busi
ness grow.
Blames Rebates For Trusts.
Washington, duly HI. “If the
tariff is the other of trusts, the
trunk line railroads of the coun
try constitute the father and the
trunk line association the grand
father”, declared Frank L, Neale
of Philadelphia, a steaship and
railroad shipping broker, in pro
testing to the house sugar inves
tigating committee today against
what he terms a diseirmination
in freight rates against Philadel
phia’s sugar business. He did not
lay this discrimination expressly
at the door of any interest. He
contended that distance from re
fineries should control the freight
and consequently the selling
price of sugar.
Mr. Neale said ho believed rail
road rates now were honestly ad
hered to, hut he was not so sure
as to what was done where the
“trust” had lighterage arrange
ents, etc.
The witness saui artificial rea
sons “led the sugar trust” to
transfer a large percentage of
the sugar refining business, from
Philadelphia to New York, al
though Philadelphia received an
advantage in freight rates to
the west, got coal cheaper and
hail better water facilities, lie
referred to the Brooklyn termi
nal company, “owned by the
llavemcyers, reaping' enormous
profits in lgihtering sugar in New
York harbor” and to the “oppor
tunity to commit customs frauds,”
as possible reasons. •
Park Meeting.
The Methodists will hold their
Sunday evening service at the
City Park the coming Sunday.
The orchestra will furnish the
music, and everyone is invited.
The service begins promptly at
7 :o0 o’clock. Sermon by the pas
tor, Kev. Oliver Mr Kevc.
Epworth League
Th e young peoples’ meeting
will l> eheld the City Park the
coming Sunday evening at sev
en o’clock. Mrs. C. P. Conker
will 1 cad. This will be followed
by the preaching service and mu
sic by the orchestra.
BASE BALL NOTES
If we can’t win the pennant
we want Humboldt to win it.
Falls City’s outfield is the
hardest hitting outfield in the
league.
Trainor is playing a magnifi
cent second and how he does
smash the ball.
l’oor Nebraska City. The team
representing that burg is the
limit. Watch us go up when we
meet them.
Tappan is showing some ol
he gets in shape the team will
his last year’s form of' late. If
be unbeatable.
“its all right to be courtious
to the visiting team,” says Shan
ty Doyle, “but there's no reason
to be too d — courtious.”
McNeil lias his eye on the ball
again and is driving them to the
outfield with a regularity \ery
pleasing to the home fans.
Finch was the demon hitter in
the first Maryville game last
week, two singles and a home
run is some hitting for a pitcher.
Falls City has six left-hand hit
ters on the team and they all
wallop the hall. We should have
at least five men hitting in the
three hundred class at the end of
the season.
It would mean more money to
Falls City if Hiawatha would get
the Maryville farnchise, both in
attendance and expense, but the
fans were all pulling for Hum
boldt just the same.
Black will greatly strengthen
the team both in fielding and
hitting. His only weakness in a
disposition to smash the ball
whether it is over or not. A little
patience will do wonders tor him.
—
Woods was in the luck to get
away without being scored on in
the fourth inning of the last
Maryville game. Three hits in
succession wort; made off him
with none out, but a fine double
play pulled him out of the hole.
For Auburu to be among the
leaders is the joke of the league.
Auburn has four good players
and the rest are of very ordin
ary ability. Shenandoah is fifty
per cent superior and is the only
team capable of giving Falls
City an argument.
Be sure and attend the home
games this week and root for the
home team. When our boys are
in Auburn tile crowds never quit
thorn the slightest encouragement
or applause no matter how sen
sational they play. Auburn nev
er lias a kind thought of our
team or our city and it’s time
our people got wise.
At the time of writing it is not
known whether Humboldt will
get the Maryville franchise, but
whether she docs or not you will
will have to doff your cap to our
west end sister. To go out in
onea fternoon and raise enough
money to support a Mink league
team is an evidence of public
spirit that would he creditable to
a city several times as large a.s
Humboldt.
Notwithstanding Humboldt is
the smallest town in the league
we venture the assertion that it
will lack a great deal of turning
out, the smallest crowds. Another
thing about Humboldt, it isn’t a
quitter; if things break badly, as
they always do before the sea
son is over, you will find our
neighboring town taking her medi
cine with a smile and coming
back for uw>re.
Girls Held By Jury.
Now York. July 12. Ethel Con
rad and Lillian Graham, who, on
June (i, shot \V. E. I)r Stokes, the
millionaire hotel man in their
apartment were held in $5,000
hail today for the grand jury mi
a charge of felonious assault.
Magistrate Frosohi, in decid
ing to hold the two girls for the
grand jury stated that he would
ignore the element of scandal in
the ease. He said a prima facie
ease had been offered and there
fore there was nothing left for
him to do hut. to hold the young
The spot light shifted frequent
ly yesterday in the inquiry into
the shooting of W. E. I). Stokes,
the millionaire hotel man. After
it had rested on Ethel Conrad
and Lillian Graham until they
had been bound over in $5,000
bail each for a grand jury inves
tigation, it was focussed briefly
upon James Cummings, Stake’s
private detective. Cummings was
examined in the investigation of
how important letters from Stoke;
to Miss Graham had disappeared,
but the court later dismissed
these proceedings.
Hu' testimony indicated ttier
had been originally two bundles
of the Stokes letters. One tied
with a wide red ribbon was pro
duced in court. The other pack
age, tied with narrow pink rib
bon, is the one which Robert W.
Moore, the young woman's coun
sel, declares contains the import
ant letters, is missing. This
bundle was picked up, handled
and tossed back into Miss Gra
ham's trunk by detectives on
the day following the shooting,
according to the testimony of
John Bloom, superintendent of
the apartment house where Miss
Graham lived.
Charges were made today
against four city detectives in
connection with the disappear
ance of the letters, and their
trial was fixed for Thursday.
Injured By Gasoline Explosion.
Aberdeen, S. i >.. July, 1.3-—Miss
Meta Luseombe, a Langford, 8.
1). young woman, had a narrow
escape from death when a gas
oline stove which she was filling
exploded. Instantly the room
was ablaze and the young wo
man’s clothing caught, fire. Fren
zied with pain, she rushed out
of doors, where a high wind was
blowing, screaming for help. Her
sister Bessie managed to over
take her and threw a blanket
about her, smothering the flames,
but not until she was terribly
burned about the arms and legs.
Mrs. Luseombe, the girl’s mo
ther, was in the room when the
accident occurred and she suc
ceeded in putting oqt the fire
with slight burns about the arms. ,
Miss Luseombe will be confined !
to her bed for many weeks, but i
it is thought she will recover.
A Good Crowd.
The innovation of having church
service at the City Bark seems
to he a pleasing one. The Me- !
thodists held their service out
there last Sunday evening, and
a large crowd attended. Every
one enjoyed the singing of the
old familiar hymns. The sermon
was by the pastor. Rev. O. M.
Kovo. Next Sunday’s service
will he in the Bark.
Gives Minor Saloon Rights.
I)es Moines, la., July 13. —
Marriage by a young man under
21 years of age confers upon him 1
the legal right to buy drinks in
a saloon despite the fact that the
state law prohibits minors from
patronizing liquor houses, accord
ing to a ruling announced today
by Special Counsel Robbins of the
attorney general’s office.
Last Week Of The Locusts
The 17-year-old locusts which
made their appearance through
out Connecticut this veer will
disappear this week and the lar
vae will remain in the ground
until 1328. The locusts have left
destruction in their wake, and
experts figure the damage to
trees and vegetation in this state
at more than $100,000.
Postal Bank Opens.
Beatrice,Neb., July 13.— The
Beatrice postal savings bank will
open today. It is expected there
will be a large number of de
posits made ou the opening day.
ANOTHER PURE
FOOD LAW SUIT
I
CEREAL COMPANY ENJOINS THE
STATE OFFICERS
AGENTS VISIT WHOLESALE DEALERS
Comany Sacuras Temporary Re
straining Order From
Interfering.
Chester JI. Aldrich, governor of
Nebraska, and William It. .Jack
son, deputy food commissioner,
were Tuesday made defendants
in an action instituted in the
district court of Lancaster coun
ty, the Minneapolis Cereal Com
pany securing a temporary re
straining order, ofrbidding the
officials mentioned from interfer
ing with it in the sale of a break
last food manufactured by it,
and from enforcing or attempt
ing to enforce that portion of the
pure food law which forbids the
giving of any present or premium
with any food porduct.
In its petition the plaintiff al
leges that it. is the manufacturer
of a breakfast food and that its
product has an extensive sale in
the state of Nebraska and in
Lancasrte county; that the gov
ernor is the food commissioner
of the state and that the defend
ant Jackson is the deputy com
missioner; that they have ap
pointed and have working under
them a large number of deputies,
whose names are to plaintiff un
known. i .
Jt is further charged that de
fendants and their deputies and
agents have visited numerous
wholesale dealers in Lincoln and
elsewhere and instructed and
warned them that the product of
plaintiff can not be legally sold
in Nebraska for the reason that
such is in violation of that sec
tion of the pure food law forbid
ding the giving of gifts or prem
iums. Wholesale and retail deal
ers, it is said, have been warned
that to continue the sale of the
product of plaintiff would sub
ject dealers to arrest and prose
cution. The plaintiff gives with
each package of its food a silver
spoon.
The attention of the court is
called to the fact that in the
ease of the state vs. James R.
Burleigh, tin* district cofirt of
Lancaster county, in July, 1909,
held Jhat section of the pure
food law which defendants are
now attempting to enforce, to be
unconstitutional. This judgement
was never appealed from and
therefore stands as the law at
the present time. Burleigh was
arrested ofr giving a coupon with
a package of food. lie institut
ed habeas corpus proceedings and
obtained bis liberty, of which the '
court held lie was unlawfully de
prived. The section of the law
under which lie was prosecuted
was held to be void.
LUe plaintut in the present ac
tion asserts that to enforce the
law in the manner now being
done by the defendants would
irn pa ably injure its business
and that it lias no adequate rem
edy under the law. An injunction
is therefore asked for.
CJov. Aldrich, while a mem
ber of tlie state senate in 1907
was one of the leaders in the
fight for the enactment of the
present pure food and drug act,
which was strenously opposed by
many manufacturers.
Strung Up, But Cut Down.
Maysville, Ky., July 13.—A sen
sation wrs created here this af
ternoon when Thomas Ham. six
ty years old, was led into town
by police officials with a rope
around his neck and his arms se
curely bound. Ham is charged
with an alleged assault on three
little girls, whose ages range from
nine to twelve years. He was ar
rested near here this morning
and locked in a barn belonging
to Ben Woods, a farmer, pending
the arrival of officers from Mays
ville. Ham was later discovered
by Woods hanging from a rafter
with a rope around, his neck. He
was cut down and revived.