thk uki;; ni.H. satm.'day. orTnnr.i? m. wu.
Nebraska
I HE NEW GERMAN CHIEF OF
STAFF.
BUSY DAY FOR HIGH COURT
State Supreme Tribunal Hands
Down Important Decisions.
ECHO OF CAPITOL BANK FAILURE
Rnled that reet Hallway Cannot
I hanir Hnnllna to Detriment
of mhllc.
r. X
' - 1 i .i ... .
WyUA4CL &J-yWtitf J&ZTyZZkMtjL. JrtdyuAMtjL. &tJfUAMt j&oUyuAUlfi XMZamJ, iuJyufiM( uUhuAM. &ufjfiiA.M(fi &LulftAMlf
Saturday Hallowe'en day will be known at this store as I
(From a Staff CVrre spondent.)
LINCOLN, n. t. .TO.-lSrccian Opinions
l-.anded down by the supreme court today
cover several things of statewide Intrr
ept. The .leversal of the loulas county
di.'iri I court, which sentenced Jones, the
negro murderer, to the electric chnlr; an
nhn of the old Capitol National bank
failure, in I.imoln; the rlylit of a street
mil way conip;my to use streets of R city
ii'-ccrdinB to Its own pleasure, and an
opinion which denies street railway com
panies the. rlclit to change their car rout
lues to the detriment of the public, are
anion the rulings of the. high court,
(nil Hecover from Knotis.
Lancaster County can recover from tho
state fund? In the amount f for
taxes collected by Incaster county for
the state ami lost through the failure of
the Capitol National bank of Lincoln In
VYIen the brink failed the county had
on deposit $'!!.tii!0. 62- Acting on his own
Judgment and In the belief that the
county was nn Insured of money col
li i t. d for the tate the county treasurer
paid JiO.r.-l.vLT of the amount to the state
treasurer.
In 1:n! action was brought by Lancaster
county to recover this amount from tho
slate under permission given by the leg
islature. Aftervards through some mis
take the cast- woa dismissed by county
officlils and later reopened, Judgment
being :len by the Lancaster county dis
trict couit ncainst the stale for the
amount.
Mate Appeal".
Tho slate oppealeJ and the supreme
totirt holds that the state must reim
burse the county. The syllabus of tha
court is:
1 T!,f trtute which permits an action
to 'be, brought a cui list the state by pcr
ri.tssu'ii of the legislature, or cither house
house (hereof, pi ox Ides that. -"I h court
In which such action nviy be brought
shall honr and determine the matter upon
the test niony. according to Justice nn"
right as noon the amicable settlement or
n coiitrovrrsv. and shall render award
nnd iiidRment against the claimant, or
the slate as upon the testimony right
null iustice mav require." Section 1WI.
Kevised Statutes, ll'i:!. Cnder this direc
tion it is the duty of the court to brush
aside technical defenses and to act in
bite manner as if the parties were seek
ing to amicably settle their controversy.
Vndcr these provisions and the circum
stances of tl.ls rase, as set forth in the
opinion, the statutes of limitation should
rot be held to be a defense to the action.
2. Where a county treasurer had de
posited money received by him for taxes
belonging to the several current funds
of the co'intv treasury" In a depository
bank which has given bond as specified
1n the depository statute, laws of
chapter 60, be Is not liable for the safe-
Veenincr nf the funds.
3. Where the county treasurer Is re
lieved from liability upon his bond for
the ina of funrts denosited In such banks.
Hie county Itself (in tho absence of ex
traordinary circumstances, such as rraun,
y,uA flth 'op irross negligence In the se
lection of a depository or the approval of
its bond) is free from liability to the
stato for money collected as tuxes In the
capacity as trustee ror the state ano de
posited by the county treasurer In such
r.'tuia1 1 nrv tinnk.
I. A count v Is not an lnurer of the
ufekeenlne of funds derived from the
colle-tlon of state taxes in Its capacity
as trustee for the atute.
!. Where a county treasurer under the
mistaken idea that th county was the
Insurer cf mom v received bv It from
taxes for the benefit of the state, paid to
the state treasurer fiom other money De
long'ng to the county nn amount equal
to the proportion which the slate owned
rf the money deposited in a depository
bunk, which was lost on account of the
failure of the bank without the fault of
the county, mi action mav be maintained
under the permission of the state senate.
to recover back such money erroneously
paid, and the fact thnt certain entries
ivere made in the county books by the
treasurer charelne- the money lost to
certain fundi
Idea, is no defense to the action.
Heirs 4 an H cover Dmnairi.
Heirs of John Hughes of Barpy county
can recover from that county the amount
of $1,070, given him In the district court
of that county for damages sustained by
reason of a road located along his land.
A claim for damages was filed by him
ugalnst the county amounting to S2,iyu0.
Appraisers allowed him $211. This was
-u't by the county commissioners to
I'll.:,"). Hughes later died and his estate
appealed.
Claim was made by Hughes that a
hedge which was destroyed was worth
1 1, Out) and the land $1,500.
I - V
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f
OiiihIia'
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mil
Ily
CEN EniCII VOX FALKKNHEYN.
unsufflclent to support a judgment In
tovor of plaintiff and it is an error to
refuse peremptory Instruction for de
fendant Shllk was Injured by falling from a re
frigerator car belonging to the Armour
company, alleging that a splinter two
Inches wide had split off of the plank
used to walk from the Ice house to the
car, causing his fall. He sued for J20.00)
damages.
Kohl XKlAu Case.
Senator Phil H. Kohl of Wayne wins
his case in the supreme court, the Judg
ment of the Wayne county district court
being affirmed. Senator Kohl is in the
real estato business, and In company w ith
others was to receive all over Sift per acre
for the land. A portion of tho land was
sold, giving Kohl and his associates a
profit of S3.4SO. Associates of Kohl re
fused to pay him his share, resulting in a
suit in which Kohl secured Judgment for
$1,0fi0. Defendants appealed and the su
preme court affirms the Judgment.
More, for J-HX
I fiiijijiiil
Our immense second floor Overcoat Section will then be at its very best.
Assortments, you'll find far greater than ever before and values, absolutely
the best and most tempting in all Omaha.
INTRODUCING MOST EXTRAORDINARY VALUES IN
Overcoats and Balmacaans
1 . l i I A 1 1 '
ii no oi oo inrtv is your overcoat prico,
interesting for you- interesting to the extent of
Then too, we offer hy big odds the greatest assortments. It's the one overcoat
ftti'k from which you are sure to UyL.
this store can make it misrhtv
positive saving of $. to $S.
Style and Value Combined at Their Best in Our
QUALITY OVERGARMENTS $25, 30 s50
The reason we're known as the "Homo of the Oven-oat'
is
host
a ii-
gwered hy a visit o our overcoat store (second floor). The thousands of style
right co:-td of the better grades featured here sets you thinking if such n
thi.'ig not being able
cttuld he possible at this store
Suits with that style "punch" good dressers admire
e Save You From $5 to $8 J1C CkOA America's Finest J?Qn QtAf
the Quality Suits we sell at $ 1 0-ZU-ZO H.id-Tailored Suits tpOU-tPU
Style Right Suits for (J1A (MO
Men and Young Men plU-pl-li
' The clothes this store sells at $10
aud $12 receive as much attention
when being selected as do the $40
suits. That's why tho man who
wishes an inexpensive suit has
learned to know this store, as tin
store where you are sure to--y-
'llllt!
We Save You From $5 to $8
on
For style, quality, workmanship and richness of patterns
they nro the equal and in many eases the superior of suits
shown elsewhere at $'J0 to $:i.", and what's more, here you'll
encounter decidedly greater assortments. These facts surely
ought to make it worth your while to come in for a try-on.
Courteous, efficient salesmen U, give you their prompt ami
undivided attention.
They are clothes of today in every
waV- rich lartan -plaids, hVman
stripes, variety stripes, (lien b'r
quhart plaids, overplaids and many
silk and wool novelties, featured in
both Kuglish and concorvativo mod
els. Thev are the cloth
t It-mail, the clothes for you
ot a geu-
Caunot Make Channel.
A street railway company cannot make
changes tn the routing tf it cars, where '
the travel Is sufficient to show that the ;
line where changes la contemplated Is an
important part of the system and where
direct intercourse must' be abandoned as j
a result without first receiving the ap
proval of the railway commission. j
This is the opinion of the supreme court !
under the same mistaken in denying a rehearing to tho Lincoln !
rtaction company in a case decided in
favor of Uerpolsheimer et al., some time i
ago.
Involves Routing of Cars.
The case Involves the routing of cars
to and from College View, a suburb of
Lincoln, via the "high line," coming Into
the city over Twelfth street and by the j
department store ot mt. iierpoisneimcr.
the cars being taken off and routed over
Thirteenth street by the store of a com
petitor, who, It Is alleged, was a director j
of the street car company at the time of j
the change and now a stockholder. It is .
alos set out that Uerpolsheimer was in
duced to take stock in the 'company which
built the Twelfth street line because cars
would lie routed by his store.
Section Ml-, Uevised Statutes of Ne
braska, should not be construed to au
thorize a railway company to select any
street of the city it may choose for its
right-of-way and obtain control thereof
by condemnation proceedings or by con
tract with the city, according to an
opinion of the supreme court in a case
Involving the right of the Omaha, Lincoln
& Beatrice interurban road to grade and
lay its track above the grade established
by the city of Lincoln.
The court holds thnt the city cannot bv
contract or any other way deprive itself
What Court Holds.
The court holds that, "In a common
law rubmisslon an award was agreed
upon by this arbitration of $SHX, signed
Bi d sealed and given to one of the arbi
trators to deliver, which he failed to do,
but produced it in court upon an order
to that effect being made, and that fail
ure to deliver did not revoke the agree
ru nt or set It aside." ,
ShIIW Jmltfiiient Itevrraed.
Judgment of the louglas countv dis
trict court Is reversed by the supreme
court given in favor of John Shlik for
ll.utui against Armour & Co. for damages
received by the former while employed
by the company.
The court holds that the eviderco Is
Saturday is the big day of our
SPECIAL SALE
Of Several Hundred Boys' High Grade
SUITS and
OVERCOATS
$5, $6, $6.50 Values
Your oppor- st jv .
tunity 't CTtt Ul I
splendid sav- D JJ J J
IngH ; sizes in
both suits and
overcoats for
boy n from 4
to 17 years.
Don't fall to come Saturday, and
early if possible.
Sweaters
Omaha's Largest Showing
Every stylo that's good,
aud every value is good
priced fr-m
$1.50 to $10.
New Shirts
Of Lively Design.
IU-ady for fellows who
want the latest at an eco
nomical price.
$1 to $3.50
Later Style
Headwear
Every new style that hits
the market hinds first in
our hat shop; that's he
cause we're opeu to all
comers all the time; that's
why this is the hat simp
where you can't help hut
Soft Hats, $2.00 to $10.00
Derbies $2.00 to $5.00
Warm Caps, 50c' to $2.00
Union Suits
In Every Wanted Style
. This snappy weather is
keeping our underwear
salesmen busv got vours
yet!
$1 to $5
Gloves
For Every Sort of Wear.
Street, dress or work
gloves, in all good leath
ers, clot lis and furs
$1 to $10
fflft. 16 tb afHOWARD Tffl
i!i;!i!tl!
1!
V -a - r 1 " ,r , iMUCpM
7
1
1
-5
TO OUR
SALESMEN
Alnuys imprest
your customer!
uitli the fact that
trery purchimtthty
make lure it tub
ject to rtlum for
ixchunge, creditor
cash refund, at
they mitjkt choose.
1
ZizqzzMif. ' j&zpzMif. j&jZjjzMi ZiZEfZhdf zaqzzMtf. xapzbttf zsMi zjsms zop&Mtf. Zusmi xapSAMtf
State Agricultural
Societies to Meet
Next January
I.IXCOL.X. ct. 30. (Special.) Hepre-
of the power to control its slrttetf nnd to s ntatives of the different branches of
establish and maintain the grades thereof.
It
1UZ
1Z
31
YJAPPINESS is somethin
JL JL we carry inside ot
us an' bring out once in
i i a -,.
a Willie, i. ta m &pciit
an a peaceful pipe o? I
VELVET '11 bring as
much happiness t th'
surface as if it cost a
hundred dollars.
- XS ff
10c buys a tin of VELVET
5c a metal-lined bag of this
Kentucky's Barley de Luxe
with that aged-in-the-wood
mellowness.
IP1 " "
Cave Collapses and
Two Boys Killed
OOLC.MiU S, Xel), Oct. 30.-1 Special T I
eurBni.) Clarence tirelscn nnd Jerome
Mai-ken, axed 'VI nnd It years, lost their
lives at l'latte Cent.-r, this county, at
o'clock last nifjht ss a result of a roof
of a cac t In y were building cavinK in.
K. if. Walter, l'latte Center furniture
dealer, who was InspectinK the cave at
tho time of the accident, was probably
fatally injured and Karl liurkc, a fourth
."ions resulted In tin' election of W. H. I number of the party, had hi back lu-
Mi'lhr, luan II. A. llurnett, J. It. Pun- ljured by the tallliiK dirt.
an. C. ". 1-usluy, V. It. Whiten. W ithin a few minutes afti-r the accident
Oeoix-e K. Condra and Secretary tJeorne i efforts were made to rescue the boys,
organized aKricultur. nut at the office
of Secretary Mellur of the State Hoard
of Agriculture this afternoon and se
lected January 1 to 2;i as the time for
the meriiiBH this winter. The election of
n committee to have In cha.RO tho tcs-
W. Kline.
republicaTvalley
doctors meet in oxford
OXFOKP. Xeb.. Oct. 30 -(Special )-The
annual meoting of the itepubllcan Valley
Med'cal association was held here yes
terday, about forty medical men being
in, attendance. Tr. 1 W. Rork of Oxford
was the presiding officer. Tapers were
read by tJrs. Koote of Hastings, Lemere
of Omaha, McClenahan of Omaha. Camp
bell of Stamford. Bundbury of Holdrege,
Johnston of I'pland and Karrell of Wal
lace. The officers elected for tha coming
years are: Freiddent, Dr. N. T. John
ston, I'pland; vice president. Dr. H. C".
Smith. Franklin; secretary. Pr. P. A.
Kundbury. Holdrege; treasurer. Dr. W.
D. Shields. Holdrege. The session closed
with a banquet for the doctors and their
wives at the Partington hotel. Tha next
nectltig Is to be held at Holdrege.
but the weight of th"
the Ufa out of them.
earth had crushed
fnr the purpose of imrw-arhment as to the
contents of that confession.
. Taylor against stale. S7 Neb., ,
disapproved.
SPILLMAN ANFSTEPHENS
HOLD MEETINGS IN WAYNE
W'ATNK. Neb.. Oct. 30.-fSpi.-dal.
IicmocrslM and republicans held opposi
tion nici-tinBs at the mine tune In Wane.
AllhoiiKh the Howell party was present
(lie chief attractions were the rivnl can
didates for KiilKress, O. 8. Spllliiian and
Dan V. Stephen The Stephens au. li
eu re was decidedly small us compared
with the crowd to whhh Splllman spoke
Knthuslasm among the republicans in
Wnyne county is running hlfih for Spill
man. Republican leaders of Wnyne
county uy Splllman will rarry the county
by 700 majority.
Dr. hlai'i New Life rills
Co.- constipation, torp d live:- tallow roin
plexton. Their frequent usa will
strn;ther. and idd to-e to our system.
All druggists. Advrrlljemi nt.
JOHN JONES GIVEN NEW
TRIAL BY SUPREME COURT
MXOOl.X. ft. 3f fSpecial Telegram)
John Junes, the colored man Convicted
In Douglas county of the murder of Sam
Leone, a pool hall proprietor, will escape
tho electric chair for a tlm,e, at least. The
supreme court this morning reverse.! the
lower court and remanded the case hack
The sylllbus of the decision follows:
1 In r-riniitml Irlnl a ronfr-flftinn nf
guilt alleged to have been made l y the I
defendant is not competent In evidence,
uiileiyt first Bhown to have been volun
tarily made.
'I. An Involuntary statement or con
fession is not competent against tha de
ftnlant for any purpose.
X. Kvidence that defendant has ad
mitted guilt or important facts should
not be received for Impeachment or re
buttal, but should, If material and com
petent, bn offered In chief.
4. A defendant cannot be crois-exam-iiid.
and afterwards contradicted in re
spect to matters that are not admiKslble
as part of the ase.
i If tlie defendant has slpne i an in
voluntary written confession. It is errone
ous to allow him to lie cross-examined
Delicate
51Girlsand
omen
are too often
' dosed with druxs
"xS when their blood is
really etarved. They need that
blood -strength which comes
from medicinal nourishment.
No drugs can make blood.
SCOTT'S EMULSION Ua highly
concentrated blood-food and every
drop yklda returns in treogtheninf
both body and brain.
If you are frail, languid,
delicata or nervong, take
Scott't Emulsion after neala
for one month. No Alcohol.
FORMER AUBURN WOMAN
IS DEAD AT EL PASO
Al IJI'IIN. Xeb, Oct. 30. I Special )
A teleiram announces the death of Mrs.
Wlnnln Htrmon at Kl 1'aso, Tex. Mrs.
Harmon resided at Cust.-r, K I . and went
to Tcxus nlioul two yenri auo because
of liilierenlof is. She 1h tho daiiKliter of
Mr. and Mrs. r'rank Cole. Mr. Cole took
her overland In Ills automobile. Ho and
his wife remained In Texas all lust winter
nnd until the nil. Idle of tho summer.
When they h-ft they thouifht she wan on
the hinh load to recovery and were
greatly shin keil with Ihe news nf her
death. The body will be brought here
for intermciit. Mrs. Harmon was burn
and reeled here und In a uraduate of the
Auburn HWh school.
Nens Notes from l ulrlniry.
KAlKill KV, Xih.. Oct. Vl.i Special. I
Joo Knur, a locomotive flreui.in of this
city, died ut ids home after iiiidergolu-:
an operation. He had lived here several
French Arrange War
Loan of Ten Million
with Gotham Banks
XBW YtiRK. Oct. :. Tlw loan of $10.
0Un, arranged by the French govern
ment with the National City bank ani
other Xcw Yorl: bunking Institutions, It
was leanieil today, is to bo used In tho
purchuso of wur supplies In this country.
There will 1m no public offering of the
notis, nil of whl'-h will be retained ly.
the hunkers iiiaMiiK the loan.
Tho lorn. It Is i' ported, Js to run nlna
montlis, mid tho rollut. rsl is to be i per
cent, trtusui" notes of the French (?ov
eriinii nt, Issued for this period. Tho
IkimIh of the loan is reported to be about
.I'i per cent interest, and It Is said tnat
the money Hill be ndanced on tha un-('.-rfitaniliiiK
tii.it it Ij all to bo spent in
the l ulled Stales.
In this connection it became known
ye.irs. coming from I'liilllpshurg.' Kan. "'day that the Xntional City bank had
He Is survived by h!s wile. Tli'j iHiiiyj hi.nwd :;,rti.'lii to Norway, and that
will lie sent to K ii w in. Kan., for burial, j Swltserlund also sought to obtain a losn
A Buff ram meeting, whs held in (he''"'1'0
county eouit room lat iilfl t and tall'.sj
er made by John I.. Kennedy ot
Omaha and Or. Amu Shaw. iil 4-1 T31 J
County Judge C. .- Hoyle h sued a mar LlGtlHSG LXlG OlOOQ
r) ige lli eni-e to William Shifflet un l' . .
Mary SUnillc of f.lncoln during the laet' rj - 1 1 A trAlfl MICPOCa
week. Moth of the contra, ting parties I ttllUlVUlLl lIbCabC
weie 40 years of ane.
A nuu.ber of changes will be made in
the Fair limy postolftcn clerical force
Noveinlier 1. Arthur fenny, mailing
clerk, will be transferred to Council
riluffs, Wallace Jones of that ioint com
ing here I 'avid Spenee has resigned as
mailing clerk and is succeeded by Terry
When your blood is Impure, weak thin
ami debilitated, your system becomes
susceptible to any or all diseases.
I'ut your blood In good condition.
Hood's Sarsaparlllu acts directly and
pe-ullnrly on the blood it purifies, en-
Havls. O. H. True has been appointed ""-l revltallies it and builds up
substitute letter carrier.
I See Want Ana Are fio Best Buslneat
Boosters.
tho whole syrtrm.
IMi H.-usapuril'.a has stood tha teat
of forty years. Get it today. It la sure
to help you.
t