THE BEE: OMAHA. MONDAY. JANUARY 23.' 1918.
t
Nebraska
MAY ENACT NEW
STATE LAW TO LET
SOLDIERS VOTE
Neville ' Considering Calling
Special Session to Take Action
on Nation-Wide Prohibi-
tion and Sufrage.
(From a Staff Correspondent.)
Lincoln, Jan. , 27 (Special) Ac
cording to responses receive by A.
E. Sheldon, director of the legislative
reference bureau, but two states, Mis
souri and Wisconsin, f , have called
special sessions of the legislature to
amend the state laws' to allow sold
iers to vote. To datae seven replies
have been received, Illionis, Wyom
ing, Iowa, Colorado and South Dako
ta, in addition to the the two states
first mentioned.
Here in Nebraska the question is
unsettled. Governor Neville7 is ser
iously considering the matter of call
ing the members back not only to
enact a law 'which will allow the
soldiers from Nebraska to vote, but
to take action on national wide pro
'hibition and suffrage. The session
might take up the matter of the pre
i sent alien law, if the governor should
' incorporate that proposition in the
call.
According to the answers heceived
from Wyoming, that state has no law
permitting the soldiers outside the
state to vote and there appears to be
little discussion of the matter.
Iowa had a ' Commission on the
border to collect soldier votes during
the Mexican trouble, but the law
covering that emergency r ould not
be adequate to meet the.1 situation
now as regards the boys in France,
as returns could not be made in time
to comply with the law.
Colorado Has no law permitting its'
soldiers to vote (Outside the state and
J not likely to call an extra session
Tfor the purpose of enacting any law
of that kind. -
In Illinois there is no talk, of a
special session and if soldiers' can
vote, which seems to be doubtful,
under .the two statutes of the state
they cannot vote from France on ac
' coiint of the time limit. '
The present Missouri law allows
only national . guardsmen in federal
service to vote. A special session
probobly will be called ir March to
arrange for the voting of the Mis
souri men, if the legislature sees fit.
South. Dekota has a voting by mail
k'w that would let the soldiers vote,
but returns by mail would have to
be in in five days. A special session
of the legislature is contemplated for
only home guard organization.
The governor of Wisconsin has
already called a special session of the
.legislature to meet February 19 to
amend the present law of that state
so that all soldiers outside the state
ms.y vote. 1
News Notes From
V Table Rock Vicinity
Table Rock, Neb., Jan. 27. (Spe
cial.) William Albers living in the
Steinauer vicinity, marketed two hogs
recently, for which he received a
check for $172.14. V
Archer King, who formerly lived
in this vicinity, now'of Pawnee City,
sent to headquarters at Washington.
D. C, this week a German imported
photographic lens and Volute shut
ter, such as the government uses on
the flying machines for, observation
work. Mr. King is to be commended
as the outfit he donated is quitCex
pensive. costing in the neighborhood
of $150, and at present they arc
sesrec
Arnold Martin, the 'celebrated "20
,acre farmer of Pawnee county, has
- f jeen appointed by the special feed
stocks committee of the national gov
ernment, and the Nebraska State
Council of Defense as a special agent
to assist in helping to solve prob
lems connected with, the -seed corn
and spring wheat situation.
A patriotic service was recently
held at the United Prebyterian church
at Pawnee City, when a large Ameri
can flag and honor roll and a service
flag were presented to the church by
. the Sabbath school. A. H. Wherry,
, superintendent of the Sabbath school,
made the presentation, address, and
the response was given by JU RvLit-
tie. Following these addresses, the
pastor preached a brief patriotic ser
mon. .The service flag contains eight
stars, representing the eight names
upon the honor roll, which are as
follows: Thomas Little, De. Clark,
Allan Meek, Robert Hammonds
George Marshall, Arthur Davis, Ross
Davis and Fred Allen.
Stockvilfe Decides It j
Wants a County Agent;
Stockville, Neb., Jan. 27. (Special.)
The court house was filled with the
largest number of farmers which has
been here in many years to. consider
r.ht couuty agent question., John
Campbell, ex-Lieutenant Governor
i Pearson and several others were ad
vocating the question. The convention
agreed on asking the county commis
sioners for an agent and proccedetHo
organize. ,E. O. Riley was elected
president and D. C Ballantine, secre
tary. The county is divided into eight
districts with a local committee in
;ach. :. ' '
A delegate county convention for
:he Council of Defense was held at
' stockville. The council was reor
ganized and the following county of
ficers elected: J. N. Hatcher of Curtis,
president; Joseph Silr of Eustis, vice
president; Harry' Hall of, Maywood,
'.reasurer, and L. H. Cheney of Stock-
""' ville, secretary.
Sons of Hermann Buy -
Thrift .Certificates
Grand Island, Neb., Jan. 27. (Spe
cial) The first big subscription to
war thrift certificates made in this
rounty, so far as is known, was made
last night by the local order of the
Son? of Hermann when, at a meeting
the sunfof $500 was set apart by the
local lodge, of which the Messrs. Wil
liam Schlichtir.g, Gottlieb Meyer
afid J. P. Windolph are1 officers. This
"jction followed quickly upon the heels
of a resolution passed by the execu
tive board of the state organization
of Sons of Herman, urging local
lodges to thus appifopriate all spare
SIX MILLIONS TO
RUN STATE IN 1917
Salaries Heaviest Item in Audi
tor Smith's Report of Nebras
ka's Finances; Office '
Supply Bills Heavy.
(From taff Correspondent.)
Lincoln. Neb.. Pan. "27. (Sneeian
It ocst $6,211,350.58 to run the state of
Nebraska last year, according to the
quarterly report of Auditor W. H.
Smith, submitted yesterday. The ex
pense by quarters was as follows:
First quarter ..f.....rt.......ll,577.13.14
Second quarter ' 1.65M2MS
Third quarter 1,465. 845. 7
Fourth quarter a, 501,362.42
Total J,:il. 350.58
The greatest item of expense was
for salaries, the total'for the year be
ing $1,675,949.10, while another heavy
item was for office supplies, which
amounted to $469,569.30. However,
the school apportionment cut quite
heavily into the sum total, although it
might not be considered in the same
class as salaries and office supplies.
The total amounted to $762,194.5(5.
Some of the new items which would
come under additional departments
created by the last legislature was the
item of enforcement of the prohibition
law, which for the last quarter cost
$3,947.48. The department of pub
licity has spent $1,173.72 during the
quarter of which $500 was for salaries
and $275.86 for traveling expenses.
The State Council of Defense dur
ing the last quarter spent $4,678i09,
embraced in the following items:
Salaries j f 1,000.00
Other services and expenses. 1,536.23
Books and printing 625.CS
Telephone and telegraph 241.75
Postage 213.46
Mileage and traveling expenses I 444.38
Office supplies, expenses, etc 479.93
Miscellaneous 137,79
War Savings Drive
Started at Broken Bow
Broken Bow, Nebr., Jan. 26,(Spec
ial)' Under the auspices of Custer
county Khaki Backer Camp No. 1 a
patrioaic meeting was held lasLnight
at the eity hall assembly room. Thei
main purpose of the meeting was to
organize the county for the, purpose
of selling was savings and thrift
stamps. Harry O. Palmer of Omaha,
executive secretary to Ward M. Bur
gess, state director of war savings
was present and delivered an address.
H. Lomax also spoke on the plans
for the thrift and war savings cam
paign. He said no slackers ae want
ed in Custer county, and every man is
expected to do his bit. The county
will be devided into subdivisions and
the Khaki Backers will canvass the
entire population and give them an
opportunity to contribute to all patri
otic activities;-; At the meeting last
night all present rose and solemly
plegded their time, property and life
to the great service of saving America
from the perils of the world war. Mr.
Palmer left here this morning for
Omaha, .He has teen in Northwest
ern Nebraska and the sand hill count
ies tor the past two weeks.
Early Closing Arranged
By Alliance Business Men
Alliance Neb., Jan.25. (Special)
At a meeting of the Alliance besiness
men presided over,by Robert Graham
chairman of the local council for de
fense and scrtary Fishr of the com
munity club, the following recom
mendations for closing were submitt
ed and agreed to by the busmess men
and will bt, placed in. force Monday,
Jan. 28.
Clothing, dry;ood, hardware, fur
niture, shoe "and novelty stores open
8 a. m. to & p. m. except on Saturday
when they will close te 8 p. m. Groc
ery stores, meat markets, coal and
feed and lumber yards open at 7 a. m.,
close at 6 p. m. except Saturdays,
when they will close at 8 p. m. Drug
cigar and tobacco, jewelry and candv
stores, pool halls and soft drink par-
i r . , '
iors open irora , a. m. 10 iu
p.m.
Bar-
oarages opea a. m. to y p. m.
ber shops open 7 a. m. to 6 p. m. ex
cept Saturdays when they will remain
open until 9 p. m.
The state council of defense will be
advised of the action.
Grand Island Bakers Will
Observe Wheatless Days
' Grand Island, Neb., Jan. 27,. (Spe
cial.) As a result of a meeting of
the local bakers with Mrs. C. G. Ryan,
chairman of the county food commit
tee, all but one of the local baiters
being present, an agreement has been
reached by the bakers not to bake any
white bread for sale on wheatless.
days. '. The terms of the agreement
provide-that while it should not be
against' the regulations to sell left
over white bread on wheatfess days,
bakers-shall also-not increase their
output' of the previous day, or two
days, but .shall- increase, as may be
found necessary, the baking of dark
or war breads. It is believed that this
is the first agreement of this kind
to be reached and pto into force in
the state.
Enemy Aliens at Alliance
Must Register Feb. 4-
Alliance, Nebr., Jan. 2$ (SpecitI)
Enemy aliens will be required to re
gister at the Alliance post office
Feby. 4 to 9inclusive.- -The rules re
quire that registranas provide four
photographs of themselves and' allow
in imprint be taken'of their left hand.
After Registration they must not move
from one county to an-other without
securing permission from the proper
authorities.
Soldier' Home Notes.
Grand Island, Neb., Jan. 27. Mrs. Louis
O. Hyatt is ' his week entertaining: her
daughter, who resides at Harrington.. Kas.
rSoe expects to return to her homo early
next -ween.
Mr. C C. Ryan, formerly engaged at Bur
kett as a painter, but at present employed
as a Pullman conductor ,n the Rio Grande
railroad system out ot Denver, Is renewing
acquaintance with old friends at Burkett at
present.
. Mr. Robert JfcCrea Is oday reported as
convalescing from his Illness, but the at
tending physicians state that It will be sev
eral days before he wlH-lis able to resume
active duties. -
A large ndmber'of the members who took
furloughs at pension time are returning to
Burkett.
Miss Goodwin, who has bad charge of the
targe dining room in the convalescent hos
pital, has resigned her position, affective to
day. A letter from Clarence Jones, who Is at
the front and in the trenches in France,
states that the rainy season is on to the
fullest and that the mud is kiee deep every
where. From the tone of his note It ap
pears that there is not much real fighting
going on (it present.
Mrs. Billings, who resides on the outside
and who was reported seriously III tho fme
part of the week, is this morning reported
as convalescing nicely and thephj sir-Ian has
full control of the disability.
. Mr. . Sheffield is attending to the mall
transportation during the absence of Mr.
Hammond, the regular carrier, who is on
the sick list. i
The home store Is doing and has done a
good business under the management of
Here's Man Who
Of Three Jobs at State House
iFrom a Staff Correspondent.)
Lincoln, Jan. '27. (Special.) One
man -with three good jobs. That is
the condition of things in the state
house where Anton Sagle, chief
clerk in the office of the governor,
faced the problem today of choosing
between his present job, one of bank
examiner to which he was elected
'yesterday or that of insurance exam-
. i. i s.i.t
iner to wnicn ne was ciecieu toaay
by the , insurance board.
TAKE NO MORE SAND
FROM CAPITAL LAKE
Practice of Taking Deposits
Must Cease Right Now, Is
Ruling of Land Com -v
missioner.
(From a Staff Correspondent.)
Lincoln, Jan. 27. (Special.) Land
Commissioner Shumway has served
notice on the Nebraska Material conw
pany, a corporation which holds a
lease on Capital Beach lake. near Lin
coln, for the purpose of removing the
sand-and gravel in the bottom of the
lake, that it must cease taking the
deposits from the lake, because the
lake is situated on state school lands
and is under a sale contract, which
provides that nothing of value shall
be taken from land under sale con
tract -as long as the state has an
equity in the lands.
The land- originally sold under a
sale contract to Alleij S. Burrows,
who now live? in penison, Tex. He
assigned th contract to J. A. Buck
staff, who built a cement dyke across
the valley and. formed what is now
known as Capital lake, and which has
been developed into a pleasure re
sort. ,Soon after the death of Mr.
Buckstaff a valuable deposit of first
class sand for building, and a valua
ble deposit of gravel were discovered
under the lake. 'The Nebraska Ma
terial company obtained a lease on
the lake and has been taking out large
. f .
quantities oi material, a recent con
tract given for 300,000 yards of sand
and gravel for building in Lincoln
lias led the land commissioner to
make the move.
t 1 he contract to Burrows was made
m 1911, and expires in 1921. One-
tenth of the sale contract" price has
Deen paid and the interest paid, each
year, i rrctull amount is due at the
expiration of the contract.
Bryan Forces Worried by v
Maneuvers of "Boss" Mullen
(From a Staff Correspondent.)
Lincoln, Jan. 27. (Special.) While
indications pointed the first of the
week to a possible eettine toeether
of the Bryan and anti-Bryan forces
in the democratic party, publication
of the same evidently soilled the
beans for there is every evidence now
that the lull in the storm was only a
letting up of the forces on both sides
in an effort to feel out the other fel-.
lows.
The recent visit to Washington of
Arthur Mullen, who was supposed to
have carried .to his chief, Senator
Hitchcock, the tidings that the Bryan
forces- were ready to make"" peace
terms, is now believed by the Bryan
people to have been a ruse to cover
the tracks of the "oolitical nirate"
while he was gaining time to make
the plans for the annihilation of the
Bryan forces.
It is known that Charles W. Bryan
and Lieutenant-Governor Howard
have been watching the maneuvers
of the democratic national committee
man very closely, which indicates
that they have not much confidence
in any move he may make for polit
ical peace in the democratic party. .
They have been heard to, say that
there could- be no peace that carried
with it the giving up of any of the
rights which they imagine, an all
wise Providence has bestowedvUpon
them.
Bury Hammers and Buy Horns,
Advice of Hebron Patriot
Hebron, Neb. Jan. '27. (Special.)
A meatless and wheatless cafeteria
supper served'Dy the Women s De
fense council here last evening was a
feature of a 'gathering planned by the
new Hebron Community club to
unify town and country people in
help-win-the-war activities.'
Hundreds of housewives attended,
to learn of food conservation, from
Miss Ethel Richert of Hasrfncs. eov-
ernment food demonstrator, who was
in charge of the supper.- She spoke
on "Wartime Planning," and empha
sized wise substitution jor the needed
foods.
"If the United States -in the present
crisis cannot fall back upon united
rural communities for food produc
tion, trie tintmn anA tiror to Irtct " coM
E. J. Sias, president of the Amenican
Community Service league, who gave
the principal address. His subject
was "Burying Hammers and Buying
Horns," and he classed destructive
critics as allies of the kaiser.
Wolf Scalp Warrant Turns Up
At Lincoln After Many Years
(From a Staff Correspondent.)
Lincoln, Jan. 27. (Special.) A
state warrantunpaid, was received by
Stare 'Treasurer Hall this moraine
from Gordon, issued in 1891. It was
tor si and payable for a wolf scab:
The voucher has been endorsed sev-;
eral times and bears the signature of
T. llj Benton, state auditor by G. E.
Bovman, deputy, and J. E. Hill, state
treasurer by G. M. Bartlett. deoutv.
Although issued .27 years, ago it is
still good for its face value.
The state treasurer also received
this' morning a draft for $10,000 from
the government to be applied on the
fund for government aid to state vo
cational education. '
Red Cross Sale, Brings
Results at Alexandria
Lexandria, Neb., Jan. 27. Alexan
dria is again in the front rank in the
patriotic field, holding their big dona
tion auction for the benefit of the Red
Cross on January 24th.
Colonels Rigdon and Smith of Fair
bury, both noted local auctioneers
donated their services. Donatons were
received from every side, men. women
and children gave from their small
means or from their abundance in
like proportions. The sale was a great
success, the proceeds amounting to
vUuuik-iUflo.'
Has His Choice
The question naturally arises
whether there is. a scarcity of good,
competent democrats in, Nebraska or
whether, it is another, case like" the
one higher up of "Me and my son-in-law,"
that causes so much oflicc seek
ing the man.
Mr. Sagle will accept the insurance
job providing some other .board
doesn't draft him, before Monday
morning.
NITRATE OF SODA
HOW SOLD. AT COST
v
Agricultural Extension Service
Will Handle the Sale o
Fertilizer in State ef
Nebraska.
Lincoln, Neb.,, Jan. 27. Nitrate of
soda will be supplied to the farmers
of Nebraska at cost under the food
control act. C W. Pugsley, director
of the agricultural extension service,
has been named in Nebraska to handle
its sale.
Any farmer or gardener bay obtain
it for cash through his county agent,
or in cases where the county has no
agricultural agent, the extension service-at
Lincoln will supply it direct.
Tests made on a number of farms
indicate that , at prevailing prices it
does not give sufficiently increased
crop production. Farms which have
been under cultivation a long time as
truck gardens make ready use of it.
The agricultural extension service will
advise with farmers regarding its use.
The extension service points out
that the best fertilizer for use in Ne
Braska is manure. Well-rotted man
ure can always be used, the quantity
depending of course on the rainfall. If
fresh manure is used, the amount will
depend on the type of soil and the
normal amount of rainfall.
Pioneer Resident of
Plattsmouth Is Dead
Plattsmouth, Neb., Jan. 27. (Spe
cial.) James Kennedy, who had been
prostrate with pneumonia for the last
three weeks, passed a-ay, Mr. Ken
nedy way born in Irelan , wasx 62
years of age and had lived in Platts
mouth for nearly 40 years. Funeral
from St. John's Catholic church Mon
day. Charles Jamfts and Mrs. Bertha
Kinnanon, chaperoned by Mrs. Her
man fields, all of Council Bluffs, la.,
slipped off the train here last night
and, securing a marriage license, were
united iu marriage by Judge A. J.
Beeson.
John Benton Livingstone and Miss
Lillian Bajack were united in marriage
by Rev. H. G. McCluskey, pastor of
the First Presbyterian church, last
night. .' . .
U. S. NAMES LIST
OF RA HONS FOB
NORSE PEOP
(By Associated Pres.) . ily fy
Washington, Jan. 27. Norway's t W
quirements in food, raw materials uJf
onicr necessities nave oeen , octet
mined by the War Trade board, which
has supplied Dr. Fridtjof Nansen, the
Norwegian commissioner, a list of
commodities this country is willing to
supply for this year and what is re
quired of Norway as regards exports
to Germany.
In making this announcement to
night, the War Trade board said the
proposed agreement is intended to op
erate for the period of the war. sub
ject to termination by either party at
the expiration ot one year from Jate
an d at any time thereafter, provided
three months' notice is given.
For the remainder of this year Nor
way is to be allowed approximately
500,000 tons of qommodities, including
300,000 tons of bread grains, 50,000
tons of sugar, 14,500 tons of coffee,
10,000 tons of pork and beef, 86,000
tons of oils and tats, 20,000 tons of oil
seeds and lesser quantities of cotton,
raw yarn and 'manufactures, wool,
lead and starches.
The board stipulates that in consid
eration of the supplies to be furnished
Norway no material so recognized as
ingredients of munitions and supplies
of war shall be furnished the central
powers and that no commodity fur
nished by this country shall be sent
to Germany or used in the production
of any other commodities which may
be exported to the central powers,-
Urges Compulsory Education
Modeled on Army Plan
Chicago, 111, Jan.27, Compulsory
education along social lines of all men
and 'women between the aees of 18
It' IVtarttn; C.
MJ"r f 19778-
' For ! firmed.
a ja i . A
same way as the national army is be
ing trained, was urged tonight by Dr.
John Dewey of Columbia university,
New York, in an address before 1,500
delegates attending the convention of
the Vocational Education Society of
the Middle West.
Dr. Dewey suggested that after the
war the national army mtonments
can be used "as"' great centralized
schools where men and womerl would
be compelled. to study al branches of
vocational education, together with
military training.
This Man Is Just Bound
" V He Win Enlist in Army
Cedar Falls, la., Jan. 27. (Special
Telegram.) Nels Peter Hansen, four
times rejected for army service on ac
count of physical disabilities, today
came before the board and was again
refused. Two physicians offered to
operate free ot charge and . a
citizen offered to pay all hospital ex
penses so this patriotic man might
enlist.
"My children
ana years, carried out in mucn tiien0f damages for tort, is held void because
Chamberlain's C6ugh Remedy
and it works like a charm' says
L C. Haines, Merbury, Ala.
NEBRASKA SUPREME
COURT
Opinions and Rulings Handed
Down in Various Cases
Heard by State High
Tribunal.
The following are rulings on mis
cellaneous motions and stipulations
in the supreme court of the state of
Nebraska, recently uanded dowrl.
1JS4S Cernlk against McKeen Mo'tor Car
Company. Motion and stipulation for con
tinunncB sustained; rauss continued and set
for hearinit at senalon of court cemmenclnc
February 18. 19t."
H8 Morrill County Land and Invest
ment Company atalnat Mullen. Motion and
stipulation sustained; cnuse continued and
set for hearing at session of court com
mencing March i, 1918.
19878 T.udwla- atftlnntPresaler. Motion,
and stipulation sustained; causa continued
and set for hearing- at session of court com
mencing April 15. 1918; appellant given
until March 1, 1919, and appellee' until
April 1. 1918. to serve briefs.' '
J9S-TS Wlker against City of-Alllancs. Pis.
mlssnl of appeal allowed; appeal dtamtsaed
at costs of appellant; mandate to Issue. forth
with. 19S31 Felber against Travelers Insurance
Company. Dismissal allowed; order of sub,
mission set aside; appeal dismissed at costs
of appellant: mandate to lu forthwith.
30236 Watera against Dovey. Stipulation
allowed; rule day extended to March 7. 1918.
S0137 KoiattHcher against Jonea & Co.
Stipulation aKowed; rulo day extended to
March 15. 1918.
50163 Thompson against Moonoy. Rtlpn
latlon allowed; appellee given until April 1,
1918, to snrvo briefs.
30178 Manner against Oilcag, Hurling,
ton & Qulncy Railroad Company. Stipula
tion allowed; rula day extended to February
16, 1918.
20289 Hibler against Illblcr. Stipulation
allowed; rul day extended to April 20, 1918,
30195 Luther against Luther, stipulation
allowed; appellant permitted to file supple
mental transcript.
20113 Spieler against Lincoln Traction
Company. Rule day extended to Januarv 10,
1918; appellee given until February 20, 1918,
to aerva briefs.
19846 Roos against Klump. Motion and
stipulation allowed; appellee given until
January 38, 1918. to serve brlofsl cause
continued to wsslon of court commencing
February 18. 1918.
20263 Hlatt against Biiard or fiupervls.
ors. Motion, for extension of tlmo for filing
of motion for rehearing, overruled.
19S66 Campbell ogilmt Christian. Dis
missal allowed; appeal dismissed at eosta
of appellants: mandate to issue forthwith.
Opinions filed.
197J2 Macko against Jungels. Modified
and affirmed, and remanded for further
proceedings. Cornish, J. Letton, 3 con
ourrlng In affirmance and dissenting from
modification. Morrlsaey, C. J., concurring
In special concurrence and dissent of Let
ton, .1. Rose, J dissents.
19728 Sullwald against Union Paelflo R.
Co. Affirmed. . Cornish. J, Humor I and
Bcdgwlck, J. j,, not sitting. .
19787 Reed against American Bonding
Co. Affirmed. Sedgwick, J. Letton and Rose,
J. J.. not sitting. k
19813'
ton, J.
-Neff against Kolb. Affirmed. Let-
20194 Russell
agalnst Stst. Affirmed.
llamor, J. SedgwIck.J., not sitting.
30349 Bcldeclt against Acma Amusement
Co, Affirmed as modified. Dean, J. Cor
nish, J., dissenting separately. Letton, J
not silting.
J0398 Kodft against Cudahy Tacking Co.
Reversed and action dismissed. Letton, J.
Sedgwick, J., not sitting.
Tha following causa affirmed without
opinion: 30164 Heller against Vleaner,
Disposed of Commlssloa.
10446 Jonsen against City National Bank
of Lincoln. On rehearing, ramanded with
directions to enter judgment for plaintiff
tor 83,085.98 as of date, June 15, 1915. As
so modified Judgment of district court af
own coital
firmed. Kaoh party to par Ills
In this court. Parrlott. C. .
iTf,19!20--ln pa estate of Testman. Kvenlld
k1' ,,a,nit rrante- MtM
J 1 4711 V stank . a Y A fl.4
gainst Tesunaji. Affirmed.
eaoh
I
aftllPI. aiUtVi : AtllllllUU,
Duibury against Omaha, A Coun-
Street Railway Company. Ai-
McUlrr, C. t
178 Bnimley against Hartman. - Af-
Irmsd. Parrlott, C.
'rimt-Frazler against Dalley, Affirmed.
Liartin, c.
1(718 Cunningham against Ballard.
Af-
firmed. .MeOirr, C.
19801 Bank of Waverly against Dally.
Reversed and remanded. llcOIrr, C.i
19805 Ore against School Ms trier No. 19,
Morrill County. Affirmed. Parrlott, C.
19808 SalUer against Ftnllcer. Affirmed.
Martin. C.
19820 Dickinson against County of Daw
son. Affirmed. Martin, C.
19844 Hefner against Neff. Affirmed.
Martin, C.
Motion for Rehearing. .
1930S Osbon against Lincoln Traction
Company, Overruled.
19513 Dunlap against T'nlon Pacific Rail
road Company. Overruled.
18599 UnslcUer against Unsslcker. Over
ruled. - '
19623 Bridges. IIoy ft Co, against Han
cock. Overruled.
1D6241 Sllverforb against Connecticut Klre
Insurance Company of Hartford, Over
ruled. J
19660 Ravlt against Rosenblatt.
"Over-
ruled.
19737 Tynon against Missouri Pacific
Railroad Company. Overruled.
19973 Halght against Omaha Coun
cil Bluff Street Railway Company. Over
ruled. 20184 Van Bant against Beuder. Over
ruled. Opinion fllefl January 211 "
19722 Macks against Jungels. Appeal,'
Boone. Modified and affirmed, and romand
ed for further proceedings. Corulsh, J. Let-ton,-J.,
concurring In affirmance and dis
senting from modification. Morrlssey, C. J.,
concurring in special concurrence and .dis
sent of Letton, J. Rose, J., dissents.
1. Language, if used attributing to an
other an uncontrollable sexual desire that
caused her to commit an unmannerly and
unwomanly act. Is slanderous and a note
froely given in settlement of a claim for
damages to her reputation resulting from
such slander I not without consideration.
2. Where coercion ,1s not sufficient to
amount to duress, hut a social or domestic
force 1 exerted on a pnrty which controls
th free action of hla will and prevents vol
untary action In the giving of a note and
mortgage, equity may relieve against thV
same on the ground-of undue Influence.
.Munson against Carter. 19, N'ebraaka 293.
i
3. A note, given In settlement or 'a claim
procure by undue mriuenc exerted Dy
others than the payee thereof. In this a
suit seeking to enjoin the collection ot the
note because procurred by undue Influence,
the payee defended In good faith, believing
that undue Influence had' not been exerted.
HelA, that the payee should In an action In
equity bo permitted to prosecute her claim
for damages for tort, and that the statute
of , limitations does not run -during the
period covering the pendency of said action.
19723 Sullwald against t'nlon Taclflq
Railroad Company. Appeal. Buffalo. Affirm
ed. Cornish J. Hamer and Sedgwick, JJ,
not sitting. '
Evidence that one, driving cattle over a
right-of-way, falls to discover an approach
ing train, even though such failure may
amount to negligence, will not constitute a
defense in an action for damages to cattle
killed by the train by reason of defendant's
negligence or failure lo maintain a proper
gate, when the undisputed evidence shows
thatian earlier discovery of the train could
pot have prevonted the accident
19767 Heed against American Bonding
Company. Appeal, Douglas. Affirmed,
ftedgwlck, J. Letton and Rose, JJ., not sit
ting. 1. Under tho contract sued upon "the
mere disappearance of -an article" Is not
sufficient evidence of larceny, but when
other circumstances sre In evidence Indi
cating larceny It may becomo X question
for ihe Jury. -
2. Our former decisions, that an attorneys
fee may ba allowed as costs In a Judg
ment upon an Insurance policy, although
have all taken
Officials Gasp When
Congressman Returns
Part Expense Money
Washington. Jan. 27. Congress
man Eugene Black of Clarksville,
Tex, broke all precedents yesterday
and set officials gasping when he
returned to the "treasury $150.16
left over from his appropriation
for clerk hire.
the contract was mad before tha act of
1918, are adhered to.
1991.1 Neff e gainst Kolb. Appeal. Daw
son. Affirmed. Letton, J.
1. Affidavit usod on a motion to dis
charge a garnishee will not be considered
In this court unless preserved by a bill of
exceptions irnd no Issue can be raised here
as tn error In striking such affidavits from
the files.
2. The finding of the district court upon
a question of fact tn such a proceeding Is
entitled to the same weight as the ver
dirt of a Jury and will not be set aslda un
less manifestly wrong.
30194 Fussell against State. Error, Otoe.
Affirmed, llamer, J. Sedgwick, J., not
sitting.
1. Chapter 196. Laws of 1915, malting it
a misdemeanor for "any husband against
whom a' decree for divorce and alimony for
support of his minor rhlMfTm has been ren
dered" to neglect or refuso to comp)y with
tho decree and declaring a penalty there
for, is not in conflict with either section
10, article 1, of the federal constitution, or
section It of the constitution of the state
as an ex prVst facto law,
S. The decree of-thf district court In a
divorce suit , providing that the husband
shall pay to the wife certain Installments
each month for the support of their minor
child, Is not a debt In the ordinary sense
"A
of the term, and tho act of ftps leglslaturj
of 1915 providing for the Imprisonment Ot
the husband for refusal to mnlta such pay
ments Is not in violation of ! provisions
of aoctloit- 30, article 1 of the constitution
of this stain which provides that no person
shall be Imprisoned In any civil action for
debt. . -
.8. An Information whose caption gives tha
name of the stnte snd the county, and
which charges that tha designated crime
whs committed in said county and state
aforesaid, allegea the venuo wkth sufficient
certainty, Dunn against State, 53 Nebraska
807. . ' .
4. A prosecution based on the provisions
of chapter 186 lnwa of 1915, Is properly
brought In the district -court of the county
In which the decree In the dlvorco proceed
ings was rendored.
t 5. Error cantt be predicated tn a mis
demeanor case on tha grouud that the coun
ty attorney called to his assistance another
lawyer without tho order of tho court.
30249 Ueldeck against Acme Amusement
Company. Appeal, Lancaster. Affirmed as
modified. Dean, J. Cornish. J. dissenting
separately. Letton, J., not sitting.
1. Whero dorendant in a tort action -for
damages for permanent Injuries, pleaded
In the answer that tho liability, tr any, la
determinable under the employers' liability
act, chapter 35, revised statute 1913, there
was no prejudicial error as against de
fendant In dlsehsrglng tho Jury and In re
taining tho case for trial before the presid
ing Judgo though tho testimony had been
partially adduced.
3. In an action in fort for damages for
personal Injuries where defendant answers
that his sole liability .Is under the em
ployers' liability act, and plaintiff takes
Issue upon that allegation, such costs as
were occasioned by tho trial of the tort
action should be taxed against tha plaintiff.
' 20398 Feda against Cudshy Packing
Company. Appeal, Douglas. Reversed and
action dismissed, Letton, J. Hedgwlck. J.,
not sitting, i i
Under the faols set forth In th opinion,
held that the plaintiff deaensed did not
torn to his death by "accldetre-su-lslng out
of and In tha course ot hi Binployment'
Expert -Says Mont Blano
Blew Up in One Explosion'
Halifax. N. S., Jan. 27. The whole
cargo of high explosives on the
steamer Mont Blanc blew-up simul
taneously, in the opinion of Willard
Cope,- aiiyexplosive expert from the
United tSates. who testiled today at
tl,e inquiry into the collision between
the munitions steamer and the Belgian
relief steamer Imo m this harbor De
cember 6.
The cargo consisted of 450,000
pounds of tri-nitrotolul, 2,300 tons of
picricacid and -a quantity of guncot
ton and benfcol. Mr." Cope said he
never had heard of any disaster where
so much explosive was set off.
GET NEW KIDNEYS!
Th kidneys ar th most overworked
organ of th human body, and when they
fail tn their work of filtering out and
throwing off th poison developed in th
system, things begin to happen.
One ot tha first warning is pain or stiff
nets In th lower part of th back; highly
colored urine; los of appetite) indigestion;
Irritation, or even stone in the bladder. Thee
symptom indicate a condition that may
lead to that dreaded and fatl malady.
Bright' Disease, for which there is ssid to
be no cure.
You can almost certainly' find Immediate
relief in GOLD MEDAL Haarlem Oil Cap
sales. For more than 200 years this famous
preparation has been an unfailing remedy for
all kidnep.'bladder and urinary troubles. Get
it at any drug store, and it it doe not give
you almost immediate relief, your money will
be refunded. Be sur you get the GOLD
MEDAL brand. None other genuine. In
boxes, three sixes. Advertisement.
WOMEN!
OTHERS?
f DAUGHTER;
7, .
Vo u w ho
tire, 'easily;
are pale, hag-.,
gtrd and
worn; nervous
or i irritable;
who are sub
ject to fits of
melancholy or I
tho blues."
get your blood
examined (or
Iron defici
ency. SOSillB
IROW tken1
eo time a
y after
i win increase your etrengu
ance loo per cent in two
many eases. Feraina
UXATIO IRON IK
bote b
be obtained from.
dnuutt
gutrintt of
fundei
none re
bt t
uiutllr
!h"-trln tab
lhM..lmter.
.sftw metis. ,
esinoj
stops; itching
instantly
Don't let that -itching (kin-trouble
jM tortpent you an hour longer I Just
spread a little Kesinol uintment over
the sick skin and see if the itching
does not disappear as if you simply
'viptd it away I
, And even more important this
soothing.healing ointment rarely fails
to clear away promptly every trace
of the unsightly, tormenting eruption,
unless it is due to some serioiis inter
nal disorder.
Reiinol Ointment usually gives
even prompter results if the sore
places are first bathed thoroughly
with Resinol Soap and hot water. -
Ktshwl Ointment aed Rastaol Sosptoatala
nethinethat could injur or irrttatt th tsndtnst
skin. They dtar awiy yl melts, redness and
rotti ms, so daadreflV Sold by all dratgista.
ft
m I ,'.M.a
J yCeka
Dr. K3ati
on tn wlfrlK
WW,
. r
First Victims of World s ,'
War Arrive at Baltimore
BaltimoreJan. 27. The first, war
patients to arrive in Baltimore from
France reached here last night and are'
at the United States general hospital,
Fort McIIcnry. A total of 60 men
Si enlisted men, seven officers and
two nurses are now at the fort. The
men arrived at an American port on
Wednesday and were brought direct
to the hospital. 1 -
It took them two weeks to get from
France to an American . port. They
left on January 9 and arrived on Jan-.,
uary 23. They did not sc.e any sub
marines on the trip. ' , ,
Although 4he men were with the
American troops in France, not one
has been wounded. All of the cases
are "trench diseases.'' Very few of
the enlisted men have been near the
Frenches and but two of the officers,
have "gone over the. top." ,
Hotel Dyckman
Minneapolis
F-IREPkoOF
Opened 1910
Location Mott Central
300 Rooms with 300 Private Bath
Rate $1.75 to $3.50 Per Day
H. J. TREMAIN
Tret, and Manager
Comfort Your
Itching Skin
With Guticura
Soap 23c. Ointment 23 and SOc
LI
Try Musterole. See How
. Quickly It Relieves
You Just nib Musterole in briskly, and
usually the pain ia gone a delicious,
aoothing comfort comet to take its place.
Musterole ia a alean. white ointment
made with oil of mustard. Use it instecd
of mustard plaster Will not blister.
Many doctors and nurses use Muster
ole and recommend it to their patients. ,
They wlll-cladl? tell vou what relief it
gives from sore throat, bronchitis, croup,
stiff neck, asthma, neuralgia, congestion,
pleurisy, rheumatism, lumbago, pains and
aches of the back or joints, sprains, sore
muscles, bruises, chilblains, frosted feet,
colds of the chest (it often prevente
pneumonia). Always dependable.
SO and buc jars; Hospital size &5Q. ,
Ease baby's
(roup'
with
a Eta rv
discovery
for Coutjhs e Colds
Don't let the little one
suffer. Dr." King's. New
Discovery loosens the
phlegm' and gives quick relief,
and being mildly, laxative it
helps bring the child's physical
condition up to normal. Dr.
King's NeV Discovery should
be kept on hand to nip "those
fits of coughing". It has helped
thousands of children during
the past 50 years. . . s,
Get it at your druggists
Constipation Otoses Sickness
Don't permit yourself to become '
constipated, as your system immediate ,
ly begins to absorb poison from the
backed-up waste matter. Use Dr.
King's New Life Tills and keep well.
,3Uiere is no better safeguard against
illness JTrjrit tonight. All druggists"--
For Itching T6rtwe
There is one remedy that seldom fails
to stop itching torture and relieve Bkin
irritation and that makes the skin soft,
clear and healthy.
Any druggist can supply you with
zemo, which generally overcomes all
skin, diseases. Acne, eczema, itch, pim
ples, rashes, blackheads, in most cases
give way to zemo. - Frequently, minor
blemishes disappear overnight Itching
usually stops instantly. Zemo is a safe,
antiseptic liquid, clean, easy o use and
dependable. It costs only 35c; an extra
large bottle, $1.00. It will not stain, Ms
not greasy or sticky and is positively .
safe tor tender, sensitive skins.
- The E. W.Rom Co., Cleveland, O
UMBAGO
ii ii n mi 'ikii n ii in i ri i
WS 4