The monitor. (Omaha, Neb.) 1915-1928, November 24, 1921, Image 1

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    .=■ i The monitor
A NATIONAL WEEKLY NEWSPAPER DEVOTED TO THE INTERESTS OF COLORED AMERICANS
THE REV. JOHN ALBERT WILLIAMS, Editor
$2 00 a Year 5c a Copy OMAHA, NEBRASKA, THURSDAY, NOVEMBER 24th, 1921 Vol. VII. No. 21. Whole No. 333
HOWARD UHIVERSITY j
PAYS HIGH HONOR
YO MARSHAL FOCH
—
Comm under- in-Ch ier of Allied Force |
Receives Degrr doctor of Laws
At Great Nat.%^ Mucational
Institu «<►.
V
\
Praises Work of Colort \ <iers
- r?s
Allied Commander Speaks in h ;st
Terms of the Commendable and In
dispesible Service Rendered by
Colored Troops in France
Special to Monitor by Correspondent
WASHINGTON, I). C. Nov. 24.—
The Howard University held ceremon
ies attendant upon the conferring of
the degree of Doctor of Laws on M.
k Ferdinand Foch, Marshal of France,
Commander-in-Chief of the Allieil Ai
r leg, on the University campus, Wed
nesday afternoon at five o’clock, No
.ember 16, 1921. Marshal Foch mad
the visit to the Howard University to
\0 entertained as its guest upon the
special request of Dr. Emmett J
Scott, the Secretary-Treasurer of the
University, with the approval of Pres
? ident Stanley J. Durkee, through Col
onel James A. Drain, a member of the
Entertainment Committee of the
American Legion which has charge o
arrangements in connection with Mai
shal Foch’s visit to the United States
and also through M. Jules Jusserand
the French Ambassador.
The program in connection with
Marshal Foch’s visit to Howard Uni
versity included the Hallelujah chorus
from the Messiah by the University
vested choir, a prayer by Rev. Francis
J. Grimke; the greeting to the Mar
shal by President J. Stanley Durkee
a response by Marshal Foch; the trib
vte from the colored soldiers of the
World War by Claude W. Blackmon
Sergeant Major of the 368th Infantry
■’ member of the class of 1923 of the
University; the conferring of the dn
rree of Doctor of Laws on Marshal
* Foch by President Durkee upon his
neing presented by Justice Stanton .)
Fpelle, the President of the Board of
Trustees of the Howard University
;,nd the singing of the Alma Mate
•'nd the Marseillaise by the studen
bodv.
In conferring the degree on Mar
i-al Foch after his presentation by
JustVe Stanton J. Peelle, Presiden
Durkee said: "Ferdinand Foch—, Stu
'’nnt. Teacher, Author, Patriot, Love
. f Taw and Justice with supreme faith
in God and in the right. Savior of Civ
liz.ition, honored and loved by man
Hnd, generalissimo of the Allied Ar
r,ipS—by virtue of the authority vest
< d in me bv the Board of Trustees o
the Howard University, I confer urn
■ on the degree of Doctor of Laws, to
- ether with all the rights and privil
{ "ires pertaining thereto.”
Marshal Foch in Response to Greetin
From Howard Praises the Universi
ty and the Work of the American
Colored Soldiers
Marshal Foch in responding to the
Cieeting of Howard University said
I find it very easy to express my sen
timonts of gratitude for the cordial
reception accorded me, when I recol
?ect the commendable anil indispens
able service rendered by the Colored
troops upon the soil of France, 1 knew
well that Howard University conti ib
uted largely in the war. I knew also
that through the love and energy of
this great institution of learning as
r-anifested for France, that the sol
diers actuated by these impulses glor
iously fought in France. Although our
• reen sod now covers the bones ot|
many of your beloved comrades,
France shall not forget the magnifi
cent efforts of Howard University,
,.nd the costly sacrifices made by the
Colored soldiers, the shedding of their
blood upon the altar of freedom shall
■nark an important epoch in the his
tory of human action. I can assure j
t vou that the French people are lavi h
( jrtr both love and care upon the tombs
of the American soldiers whose bodies
are now in France,”
In the requests which were itiadc by
Dr Emmett J. Scott, who served dur
ing the World War as Special Assist
ant to the Secretary of War, in the
effort to have Marshal Foch visit the
Howard University, “ttcnt.on was
y called to the important part which the
400,000 colored troops who were called
to the colors, played not only
in camp and cantonment, but
overseas as well, and also to the g ow
ing tributes paid the colored soldiers
from America by French Command
ers. Mention was also made o
f.ict that Howard University had more
£Lrn .nd ntudent, «» «£
With colored military units than any
*,h„, ImUtuUon In A**™.
trulniwr nf N'.”J“u„iv.*lty 1.18*
isza —<»
service.
I ' ■ ' '
Grounds Decorated tor Occasion
The grounds of the University were
lecorated with the tri-colors o
l'ranee and the stars and stiipes for
the occasion. The exercises were held
on the steps leading to the entrance
to the Carnegie Library where a S{ e
ial platform was erected facing the
'•ollege elipse which was crowded with
• spectators who came to witness the
ceremonies. Marshal Foch and his
military aides were met at the en
ranee to the University grounds by
the Howard R. O. T. C. Unit, headed
'iy the R. O. T. C. Band which began I
* o plavas the Marshal appeared. The
Colored .World War Veterans of the
Oist’iet of Columbia and the students
of the University who were in the mil
itary service during the war appeared
in full uniform in honor of Marshal
Foch’s visit. A large floral offering
was presented the Marshal bv the
members of the Societe’ Francais of
the University. As the Marshal and
is staff left the University grounds
the students gave the college cheers
■’•hil" the R. O. T. C. band played the
Marseillaise. M. Metz, T. P. Lochard
Professor of French at the Universi
ty, served as interpreter of the ad
dresses made by the various speakers.
Major Milton T. Dean, Head of the
Department of Physical Education,
had charge of the ■ arrangements in
,’ondertion with the eeremonies.
TO IMPROVE CONDITIONS
New Yonk Citv, Nov. 24—Last
week Prof. Toul J. Sachs of the Fogg
Art Museum of Harvard University,
and treasurer of the Cambridge Ur
ban League had a notable gathering
of professors of Harvard University,
Deans of Coleges and their wives
together with many leading citizens
of Boston at his home. “Shady Hill"
to discuss "Racial Co-Operation" and
to learn at first hand what is being
done through out the country by
leading social service movements to
establish justice for all and to se
cure larger opportunity for the
Negro.
PROMINENT MEN ARE INTER
ESTED IN “Y” MOVEMENT
For many years the International
Committee of the Y. M. C. A. has
promoted Association work among
colored men and hoys.
The success of the work is current
knowledge. In the past the larger
part of the sypport of the work has
come fi om sources other than that
provided by colored people them
selves. The Association has con
tributed to the progress of the race
bv helping to awaken a deep con
sciousness of duty and responsibility.
TThis may be seen in even,' walk of
ife. There is an earnest desire to
achieve self respect by self support
and Omaha has shown her colors bv
arising to the occasion with her con
tribution. !
The following men are at the head ;
of the Branch Y. M. C. A. movement j
here:
Dr. J. A. Singleton, Nate Hunter, |
Dr. A. L. Hawkins, J. A. Clark, Rev. :
Thos. A. Taggart, Dr. J. H. Hutten,
J. D. Crawford, T. P. Mahammitt.
Dr. W. W. Pebbles, W. G. Haynes
Rev. Russell Taylor, E. W. Pryor.
N. \V. C. A. NOTES
A demonstration at the Old I* oiks
Home, Sunday, November 20 by the
Keystone Bodge No. 42 and Naomai
Court No. 42, headed by Mr. C. J.
Good, W. M., and Mrs. Jefferson and
Mrs Good representing the Court
.rave to the home $50.00 which was
presented bv Mr. Silas Johnson who
made a very encourageing talk to the
association and spoke of how inter
ested he was in the home, and Jiow he
hoped some day to see a beautiful
building on the grounds to house our
people. The ladies of-the Court gave
two haskets of provisions. Rev. O.
C. Hurkhar.lt of the A. M. E. Church
So. Side, spoke on religious principles
in running the home. Mrs. Morti
mer, president of the Association
spoke in behalf of the home as did
also Mrs. John McCorkle, Mrs. Mil
dred Jackson and Mrs. Henry Black.
The N. W. C. A. through the presi
dent wishes to thank Keystone
Bodge No. 42 and Naomia Court No.
42 for their wonderful gift
We wish to thank Mr. M. F. Single
ton for $5.00 on his yearly pledge to
the home.
SCOTISH RITE MASONS
HOLD MEMORIAL SERVICES
The Scotish Rite Masons held im
pressive memorial services at their
lodge rooms, Twenty fourth and
Charles Streets, Sunday afternoon
for the late J. Frank Rickards, th
supreme grand officer of the order,
who died at his home in Detroit, Mich.,
early in October. An eloquent eu
logy was delivered by Nathaniel
Hunter, P. M. W. G. M. of the Grand
Lodge of Nebraska and its jurisdic
tion.
r
Armament Conference II.
By Herbert J. Seligmann
(This is the second of a series of articles by the author of
"The Negro Faces America,” publicity director of The National
Association for the Advancement of Colored People.)
Washington has become an interna
tional bargain counter. The agents
of European governments and of the
nited States are there trying to ar
ange to make Asia, that is China and
Siberia, pay for Europe’s bankruptcy
1 wo of the chief European powers
were not invited to Washington. They
ire Russia and Germany. The other
overriments, with the assistance of
the United States, blockaded Russia
nil deprived her of the materials she
needed to provide work for her people.
Now famine anil disease is laying
waste vast territories in Russia and
people are killing their own children
o prevent their having to starve to
■loath. Hordes of men, women anil
hildren are wandering in „ awful
■■retchedness over the Russian plains.
"”his is what the governments of
France and Great Britain aided bv the
Governments of Japan and the United
States helped to do to Russia. They'
'id it chiefly because French bankers
wanted to he repaid the loans they
made to the rotten despotism of the
.?"• departed Czar’s government.
Germany is burdened with an enor
mous indemnity which her people
'mve to pav to the victors in the war.
But those victors want to kill the cow
for moat and still get milk from that
■w, Thev, and especially France,
’••ant to crush Germany and still have
her pav for the cost of war damages.
What has all this to do with the
Armament Conference?
Simplv this, that that part of Eur
ope, namely Germany and Russia,
which ought to be furnishing the
world with vast stores of grain and
other foods, which ought to be busy
manufacturing its own products and
exchanging them for the products of
other countries, is rapidly becoming a
hideous wreck. And so, instead of
trying with every resoureg at then
command to help Russia and Germany
to their feet, the other governments of
the world are looking for new fields to
"hinder.
Those fields lie in China and Siber
' >. Before the great war even, almost
almost every government of Europe
had made inroads on China. Those in
roads consisted in “concessions,” or
“spheres of influence” generally cen
tering in sor “treatv port.”
Great Britain in the Chinese city of
rong Kong and France in what is now
called Indo China, asquired the light
to have their own courts and even
‘heir own police and post offices.
Germany had “leased” the city of
Tsing-Tao in the province of Shan
Tung and Japan during the war cap
tured Tsing-Tao and took over the
lease which, translated into English
leans stole the territory. Japan hud
reviouslv, after the Russo- Japanese
v;ir, acquired Manchuria and half the
land of Saghalin from Russia. More
iver, Japan rules over the Koreans.
Every one of these robber govern
ments kept protesting that they want
d the “Open Door” in China, which
means that all citizens are to be ac- j
corded equal opportunities to trade
there. In practice, however, each gov
ernment made it practically impossi
le for ti e citizens of other govern
men*s to do business in its “sphere ct;
interest." And so the scramble foi
for concessions became keener and
more intense. Anv government whose
bankers own the rights to a railway
line anywhere in China, can contro
he territory adjacent to that railway
.ine, whether the rails are laid or not.
o the diplomats, the ambassadors
md ministers, instead of being serv
ants of the people in their countries
tecome the agents of the bankers wh
jxeit control over the governments
'•.ml, in great part at least, the world
is threatened with the disaster of fur
ther war, and the wiping out of civil
ization, because bankers are scramb
ing for railways in China.
If proof were needed that our own
Vpaitnient of State acts as an agent
or hankers, it could be found in the
ollowing paragiaph from the New
rork Times of November 7, 1921:
“China has failed to meet payments
if principal and interest on the loan,
due the Continental and Commercial
"rust and Savings Bank of Chicago,
To to have been paid October 31.
This default has created a very unfav
rahle impiession in official and bank
ng circles in the United States, as
veil as abroad, according to informa
ion obtained in an authoritative quar
ter tonight, and has bjpen made the oc
casion of a sharp note from Secretary
Hughes to the Peking Government
ailing its attention most seriously to
ts responsibilities and obligations i
the matter.”
The interest of the Unite*! State
i? involved in this scramble. Thi
country too, has to look for new7 sourc,
s of raw materials and new market?
to sell her goods in. Europe cannot
buy from us. Europe is rotten with
bankruptcy. I heard the other day of
i. ship captain who brought a cargo to
New York from Scotland. H° is tak
ing his vessel back to Scotland empty
There are others like him.
The United States has a good ex
use for being interested in the Pacif
ic ocean, it now7 owns the Philippine
Islands which are much nearer to Ja
n'an and China than they are to the
•nited State*. It doe.- not want Ja
nan to have that cable center in th
’"’aoific ocean, the Island of Yap. or to
take anv part of the Pacific coast line
of Mexico, or Central or South Amer
ica.
There are other complications. Pur
ng the world war. Great Britain had
, seoret treaty with Japan. Japan’s
mvy held down the German “com
merce raiders” or war cruisers in the
t’acifie. Japanese warships convoyed
Titish troops. Japan was Great Brit
-in’s guaranty against revolution in
India by keeping Great Britain’s lines
f communication open to the F ar
East.
Out now the war is over. Great
Titain is grateful to Japan for her
•orvices but—
The United States government
■•■ants to know if the secret treaty be
tween Great Britain and Japan is
--ring to go on. Furthermore the
British dominion of Australia, being
nearer to Asia than to Europe is be
-oming apprehensive over the growing
Wver of the “darker races,” especial
!v Japan. They are talking about a
“white Australia" and are appealing
to the United States to help them, or
nther their government is. Great
Britain, therefore has not yet renewed
the secret treaty with Japan, which
v<s another year to run. The United
FLORENCE COLE TALBERT
Noted Vocalist and winner 6f the Diamond Medal awarded
by the Chicago Conservatory of Music, who will appear in recital
at St. John’s A. M. E. Church, Monday night, December 5th,
under the auspices of the Bachelor Benedict Club. Clyde Leroy
Glass will be at the piano.
States does not want it renewed,
neither does Australia. Those objec
tions are too powerful to be ignored—
openly.
Meanwhile, the French government
s offering to play with the United
•tates if the United States will “guar
antee” Fiance against Germany. In
other words if we will help France to
oh Europe, France will help us to
rob China.
This is a very brief statement of
ome of the consideration involved in
the Armament Conference in Wash
ington.
What is the conclusion ? That there
will be more hideous war unless the
following reforms are attempted:
1. Europe cleans house and Euro
nean governments and the United
"■tates Department of State stop ly
ing about Russia and help the Russian
people to get to work producing food.
Public opinion forces interna
tional relations out into the open, out
of the hands of bankers scramblng for
•lilroads in China, out of the hands of
■ °*ents of bankers, the old-school dip
lomats into the hands of representa
fves of the people.
T^e third article in Mr. Seligman’
Tories will appear next week.)
EVIDENCE IN HOaSTOH RIOT
CONVICTiONtIDEMNNDED
Representative Anthony of Kansa
Introduces Resolution Calling Up
on Secretary of War to Submit
Data
WSHINGTON, D. C., Nov. 18.—Oi
November 16th, the Honorable Danie
R. Anthony, Jr., of the First Distric
if Kansas, introduced a Resolution in
o the House of Representatives call
:nir upon the Secretary of War to sub
mit, as soon as possible, information
tending to throw some light on the
wholesale convictions following the
riot at Houston, Texas, on August 23
1917. It will be remembered that
ruthless penolties were imposed, in
volving free use of the hangman’s rope
and long imprisonment; and that a
•nost extravagant number were con
deted, in various degrees, of partici
pation in the riot. It is now proposed
‘o expose the facts to the light of
day. We may now be priyileged to
know whether those unfortunate men
were convicted on direct evidence, or
ircumstantial evidence; and if cir
'•umstantial; how far fetched. The
Resolution is as follows:
l. Resolved, That the Secretary of
War is requested to transmit to the
’louse of Representatives at the earli
est possible moment the following in
’ormation for the members of the
’Touse: Whether the evidence before
‘he court which tried those soldiers of
‘he United States Army who were al
leged to have been implicated in the
■dot at Houston, Texas, on the 23d day
of August, 1917, as a result of which
nineteen were hanged, sixty-two sent
‘o the United States penitentiary for
’ife, and five given sentences of fif
teen years each, showed the direct
participation of all of them in said
iot; whether or not it is true that
some of these soldiers now under con
’inempnt were found guilty merely b<v
•ause they were absent from roll call
he evening of the riot; what steps, if
any, the V/ar Department has taken
nr is taking toward the investigation
f the justice of the severe penalties
inflicted upon these soldiers, togethe
"ith information as to their conduct
’’scipline and behavior during the
-ars they have been in confinement;
->d what steps have been taken by
‘he War Department, in view of the
large measure of clemency which has
been extended in the cases of other
‘ilitarv prisoners, to pardon or ex
tend clemency to the men now under
going severe punishment for alleged
participation in said riot.
EPISCOPAL CHURCH OF ST.
PHILIP THE DEACON
No mention as yet has been made
of the fact that the congregation pre
sented their pastor with a beautiful
clerical suit and overcoat and a purse
in conection with his thirtieth anni
versary. The committees having this
in charge were headed by Mrs.Aug
cstus Hicks and Miss Lutie M.
Bryant Father Williams desires
to express his gratitude to all who
contributed.
On Sunday, November 6, Price
Murray, infant son of Mr. and Mrs.
Price Terrell, was baptized, the spon
sors bdng John Dillard Crawford and
Mrs. Ray Gibson.
During the pastor’s absence from
the city for the next two Snudays,
the services will be only as follows:
Church school at 10 A. M. Morning
prayer and address at 11 o'clock
No evening service.
GREEK LETTER SOCIETIES
TO HOLD CONVENTION
Philadelphia, Pa.. Nov. 24—The
third annual convention of Delta Sig
-a Theta Sorority will be held in the
Engineering building of the Univer
sity of Pennsylvania, December 27-29
inclusive. This is the first time that
a Colored Sorority has held its con
vention within the walls of a white
University. It is indicative' both of
the standing of Delta Sigma Theta
members at the University of Penn
sylvania and the spirit of that school
that this privilege is granted.
To the convention will come dele
gates from coast to ccoast. Delta
Sigma Theta was the first of our
Greek letter societies to form a
chapter on the Pacific coast. On
February 7th, 1921, Kappa Chapter
was established to the University of
California, Berkley, Cal. A dele
gate from this chapter as well as
from each of the other fourteen
chapters of the sorority will be
present at the convention. Philadel
phia looks forward with great pleos
ure to the reception of at least 100
delegates, Delta women from the
leading colleges of the country.
WILL INVESTIGATE
CONDITIONS IN HAITI
Washington,' D. C., November 24.—
The Commitee of United tS ites Sen
ators, headed by Senator Medill Mc
Cormick, Republican, Illinois, have
sailed for Haiti on a United States
Cruiser, where for one month they
will ocntinue their investigations of
conditions in the Island Republic.
In an exclusive interview for the
Associated Negro Press, Senator Mc
Cormick said before sailing: “We
are very anxious to bring about hap
pier relations in Haiti. There are
fifteen years for the treaty to run
and we desire to be helpful in Haiti
as we have been in the Philippines.
There is room for much constructive
work, and all should join in bringing
it to an accomplishment.”
LIBERIAN PRESIDENT
HOMEWARD BOUND
Boston, Mass, Nov. 24.—President
C. B. D. King, and members of his
high Commission, who have been in
the United States for several months,
seeking to close a loan of $5,000,000
for their government, have set sail or.
the U. S. Cruiser Denver, for their
native land Liberia. The officials will
arrive in time to receive the members
of the American Educational Tour,
who will set sail December 4th.
Representative of Bahai Movement..
Mr. Louis G. Gregory of Washing
ton, D. C., a well informed student
and traveler who spent several days
in the city lecturing on the Bahai
Movement, a well meant philosophical
plan to promote brotherhood among
all races and peoples, left Tuesday for
the west. Mr. Gregory who is a
scholarly and pleasant gentleman
spoke here at several gatherings,
where he made a most favorable im
pression.
CLARENCE CAMERON
WHITE, VIOLINIST,
SCORES SUCCESS
Representative Audience Numbering
Nearly Eight Hundred Welcome
Eminent Musician in Recital
At Brandeis Theatre
_
PROGRAM PLEASES .PEOPLE
Clyde Leroy Glass as Accompanist
Displays Marked Ability Which
Wins Commendation of Mus
ical Critics
—
The beautiful Brandeis Theatre was
filled with a representative and en
thusiastic audience last Thursday
night to welcome Clarence Cameron
White, the well-known violinist and
composer, in his recital under the aus
pices of the Episcopal Church of St.
Philip the Deacon. Among the nearly
800 persons present were many who
stand in the forefront of wealth and
culture in the city and who lending
their assistance and influence as pa
trons made it possible to present this
eminent artist to an Omaha audience
under such favorable circumstances
Many of the musical people of the city
were also in the audience and among
them the musical critics of the lo
cal dailies, who wrote in most com
mendatory terms of Mr. White and
Mr. Glass, his accompanist, as musi
cians. This was the first successful
effort in the city to present one of
the leading artists of our race to a
representative audience of both races.
It was a splendid audience and Mr.
White, who in addition to his musi
cianship has a delightful personality,
captured it with his first appearance
on the stage and pleased all who heard
him until the end of his well-balanced
program. No better report of Mr.
White’s playing could be given than
the following written by August M.
Borglum, musical critic for the World
Herald:
“Mr. White showed himself a violin
ist and musician of serious preten
tions, opening his program with the
first movement of the Spanish sym
phony by Lalo, which he played with
sincerity, good understanding and ef
fective tone coloring. This was fol
lowed by the Vienesse Song by Kreis
ler and “Orientale" by Cui, which last
was given with especially interesting
interpretation and characteristic at
mospheric effect, being by far the
gem of the evening.
In the “Pizzicatto” bv Thome Mr.
White a'so showed excellent technique
in this kind of composition. The Pol
onaise gave opportunity for a fine dis
play of the bravura effects and techni
cal skill. He has a facile style and his
every composition was presented with
dignity and sincerity.
As a composer Mr. White presented
a “Negro Chant,” “Cabin Song” and
“Negro Dance” which were all vew
pleasing from the melodie sid* as well
as unique rhythmically. As encores
he gave a very sympathetic and soul
ful interpretation of Schumann’s
Traumerei and “Auld Lang Svne.” 4
Clyde Leroy Glass furnished excel
lent accompaniments and also added
to the interest of the evening by a
brilliant and musicianly performance
of the R flat minor Scherzo bv Chop
in, his playing being also character
ized by pleasing tone.”
The recital was under the manage
ment of Mrs. John Albert Williams
and was a success financially as well
as musically.
GOES TO DENVER
TO HOLD MISSION
The Rev. John Albert Williams
leaves Saturday morninpr for Denver,
Colo., where he will preach an eitrht
day mission at the Church of The
Redeemer. At the close of the mis
sion he expects to spend a week at
Colorado Springs.
Nebraska Civil Rights Bill
Chapter Thirteen of the Revised Statutes of Nebraska, Civil Rights. Enacted in 1893.
Sec. 1. Civil rights of persons. All persons within this state shall be entitled to a
full and equal enjoyment of the accommodations, advantages, facilities and privileges of
inns, restaurants, public conveyances, barber shops, theatres and other places of amuse
ment; subject only to the conditions and limitations established by law and applicable
alike to every person.
Sec. 2. Penalty for Violation of Preceding Section. Any person who shall violate
the foregoing section by denying to any person, except for reasons of law applicable to
all persons, the full enjoyment of any of the accommodations, advantages, facilities, or
privileges enumerated in the foregoing section, or by aiding or inciting such denials,
shall for each offense be deemed guilty of a misdemeanor, and be fined in any sum not
less than twenty-five dollars, nor more than one hundred dollars, and pay the costs of
the prosecution.
“The original act was held valid as to citizens; barber shops can not discriminate
against persons on account of color. Messenger vs. State! 25 Nebr. page 677. N.
W. 638.”
"A restaurant keeper who refuses to serve a colored person with refreshments in a
certain part of his restaurant, for no other reason than that he is colored, is civilly li- |
able, though he offers to serve him by setting a table in a more private part of the
house. Ferguson vs. Gres, 82 Mich. 358; N. W. 718,"