S. A. FOSTER
LUMBER CO.
Have the best grades of
LUHBER at right prices
Also, the only Cement,
Lehigh
See us for Farm Gates
POPULAR TALKS ON LAW
SIGNING A NOTE
iy Walter K. Towere. A. B.. J. D..
of the Michigan Bar
REPORTS DISAGREE
Reports of various character have
been extant to the effect that El
mer McFall, who 1b generally sup
posed to have lost his life by drown
ing, has been seen at distant points
One report, published in the Alliance
Time, Is that a party who knew
McFall, absolutely saw him in Coun
cil Bluffs, Iowa, one day last week.
Another was to the effect that he
waB reported to be -nine place down
in the sandhills east of Alliance, and
circumstances of an explanatory na
ture were aiCcompanlnientB of this
report, but no confirmation has so
far come to our knowledge. His own
people credit none of these reports
and give very god reason for their
continued belief that drowning was
the actual fate of McFall. Gering
Courier.
Father Donnelly returned Tuesd'n
morning fr.mi a trip to Hyanni3.
One noon while Jason Kdwards was
sitting on the porch of his prosper
oub farm home, renting before he
returned to the fields, a shin)' top
buggy drawn by a longlogged bay
drew Into the ynrd and a brisk young
man descended. He presented the
card of the National Hilo Co . and
solicited an order. Mr. Kdwards need
ed a silo and signed an order for
one, to be erected later. He ivud
the order carefully and noted its;
contents. Iteclearly read as an or- J
der for a silo, for the erection of
which, if completed within sixty days
after date, he was to pay $100.00.
No silo appeared, ncr could Mr.
Edwards locate the company, but he
Baw nothing to worry about until,
sixty days later, a near-by bank pre
sented to him for payment a note
for $100.00 in regular form and bear
ing his signature. He protested that
he had signed no such note, yet ac
knowledged that it was his signature.
Examination showed that it WM one
end of the silo order he had signed.
It had been so worded and arranged
that one end might be cut off leav
ing a promissory note in regular
form. The bank insisted that It had
paid full price for a regular note
and as it was a "negotiable Instru
ment" it was protected as a bona
fide holder. Edwards sought a lvice
and being told that he would have
to pay the note did so.
Proper advice by a competent at
torney would probably have saved
Edwards $100 since few sta'es will
support such a no e, signed under
such circumstances. True, if one is
induced to sign a negotiable prom
issory note through fraud and that
note is sold In ordinary course to a
bank oj individual, the purchaser it
cepting It in perfect honesty and
good faith, paying full value for an
apparent ly regular Instrument that
Is Bot yet due, the quality of nego
tiability is such that the purchaser
will have better rights than the
rogue who transferred it Indeed,
under such circumstances, the sign
er would have 'o pay the note. Hut
rightly vli wed, the case of Jason Kd
wards is not such a case, lie was
not Induced by fraud to sign n note,
because he did not sign a note. What
he signed was an order. Having nev
er signed a note, but something en
tirely different which was changed
Into h note, he Is no more liable
than If his signature was forged to
a regular note. Yet it Is not atrango
that many laymen have confused this
rule and suffered ncerllesely when
some of our courts have made the
mistake.
The other side of the picture Is
the fraud practiced on Allan M lloor
ty and his wife. Attain the buggy
came down the road, but it was driv
en Wildly by an attractive young
man, and to his arm clung a young
WOtnan. They paused at the BOS) it-
We want the
iKntc of every
ycung man who&$
cmbinons to
E A LAWYER
ir1 we wnt to hear from ev
ery t. ,s man who wishes
tfcfel he knew BUSINESS LAW.
Wrflf tfi-'r id Ut tH yea bow we hair Bis) lawyer
Mr I I .-! if 10 -nf r a ait Ilka yea, ead rejatpprd
t!f it R will 1 . M' : -lUa; tltat Imm brrw ef Itataaata
IMff It If-. - T. u He' ', leaadad II yeere eeye, ha
i 'j' ,i , r-1 amtarlloa la rtrry etete la
.km Da & Leei fS rtd jr ' bf H-af fc. Bar, tad KmiarM aiea.
i hi i alxol (I)r.'irCt.mplrlf C.lla
Law Vourm which fit t for pi art Ira, and
'. ' I ipl e, 1 -rt . Bualnrea
LAW I for Bast nf at Hex Pl4
out hb L,t the 1 w r, si, tod ne how
e-aeil ton ril MeJa a tl'nufh
t.nowwJ,-r of Ui Law arhlW tvnttriu
ltw i t I - m l l Cisy Tcrraa!
Rf toiler nr heart earn rattle ae4
at ai (eaeesihl sjraaaates ell aver taa
I'. H. wba rap4 their apporlttnltf
bf a are anewertaf, an ad. Ilea talel
i UK BPBitin CORRIHrOaUlKCK
M IIOOL n LAW
401 Aaarfeaa UaUalai, Detroit, atlab.
CATTLE
SALE
We, the undersigned, will sell at public auction at the stock yards in
Alliance, Nebraska, on
Monday, May 26, 1913,
commencing at 10 o'clock a. m.,
1 ,000 Head Southern Colorado Cattle
Consisting of 400 cows, nearly all with calf or with
calf by side; 300 yearling steers; 50 two-year-old
steers; 250 yearling and two-year-old heifers.
We have good cattle, white faces and Dur
hams, 85 per cent will run white face. As
our ranges are all cut up and we have
sold ranch, cattle will be here for sale,
and must be sold without reserve. If
you want good quality of cattle come
and don't forget the date of sale.
These cattle will be sold in lots to suit purchasers
OLSON & T0WNSEND, Owners
MAKES BIG SACRIFICE
President's Brother Patriotically Re
fute Many Offer with
Lucrative Salary
BY CONGRESSMAN TAVENNER
Washington, May 17. - In these daye
of shifting poMMm we hear much of
the "great personal sacrifices" men
ar- making in behalf of their pert)
an ) the country by accepting federal
position. It 1s much rarer to hear
of men dncllivlng positions at great
personal sncrlffce In tho same be
half. This observation I excited by the
case of Joseph It. Wilson, of Nasi
vllle, renn., only brother of Presi
dent WooMroW Wilson
Venra ago, before Woodrow Wll
Bon wna ever thought of for presi
dent. Joe Wilson worked ius general
rtporter for the local paper in Clark
vllle, Tenn., where his father was
president of the Southwestern Pres
byterian 1'nlveratty. Joe, In bM hum
ble occupation of collecting Items
for the local and personal columns
of the paper, had a great journaMstle
ambition. It waa to be aent to
Washington as polltlcnl correspond
ent for some cUy newspaper, and to
sway national affaire by hla writings.
He worked hard. With Scotch
thrift ehanaoterlartk; of his family, he
saved hla niouey until he bought the,
Clarksvllle paper. Mm father died
And then, as a tep toward realizing
hla ultlinatci umb1tir)n, he sold his
newapniKr plnnt and took e poslMon
on the Nashville Manner.
There wae drudgery In hla new
work, but he tolled faithfully until
he uinde state pollttcal njporter.
His spirits boumled. This would be
the apprenticeship that would earn
him the position of Washington cor
respondent of the Hannr. I'wlnwUtk
Ingly. he compiled a card index of
Tennessee politicians, and "covered"
that state's politics as thoy had
in vi r been "covered" before.
This work won him advancement,
but advancement which seemed to
him off Uie bejtten trail between the
llanner office and the Prese Oallerv
in Washington. Me was made city
nble-looklng house for refuge am!
told of eloping from a cruel father.
Now, nil the world loves a lover, and
the McOoortya were all assistance.
Opportunely, quite by accident, of
cottree, a clerical-looking gentleman
appeared from the o her direction.
V's, he wonld marry ihem, and did
at least, he went through a cere
mony. Of course, the bride Wept,
so did Mrs. Mc.Ocorty, and Mr. 'r
Qoorty blew his nose and found his
ryes a bit dim. In the confusion the
"Reverend" remarked that the wit
nesses must sign the certificate Rttel
puslii'd a paper toward them which
t In y ri aillly signed.
Three months later a bank ro
dticed the "marrl.ige certlflcatt " for
payment. It was a regularly drawn
n tf ft r $R0n tHl. McOnoriy had to
pa) I', as li- was legally llal)1 ll
had commit' I the fault of fali.ng to
ree l what Ik signed. In his c;ise ti
actually sigmd a note. Of cour;.
neither the "Reverend" nor his con
ti derate cotild have collected fivm
the McOoortys, but they had n I
tiatel the nolo at the bank, wh'fh.
having no' hiti;. to aron-e its mm mi
clone and knowing Mctloorty's hig
nature, purchased li for full value,
whereupon the "Reverend" and his
friends moved on to try their scheme
In virgin soil, taking care to be well
ti way when the noies fell due.
Where one of two Innocent persons
must suffer the law takes the view-
that the one w ho by his card: ranesa
made the fraud possible must to M th
bill.
A similar result followed in the
case of Clarence Tucker, who pur
chased and accepicd a barrel of med
itated calf meal, giving his note or
$10 therefor. Tin- bottom two-thirds
of the baTrel proved filled with saw
dust, but by that time the bank had
purthased the note, and the agent
had vanished T ukei' was legally
bound to pay the note. The vendor
of the meal could not have recover
ed the sum, but again the quality of
negotiability protected the innocent
purchaser, and the man who signed
lie note had to pay It. He had
signed a note, and It having come
Inio the hnmJs of an Innocent third
party in due course of buslnfig, h.s
llnbility was settled.
So when you sign a promlssny
not, drawn In the familiar form
sixty days after date, for value re-
r-oivofl I ivrnmlqa to mtv In the or.
fJ ih h .m of nr.. editor of the Haiiner. Still he did
Hundred Dollars with interest at six '' oompiain. mnce ine new joo
. .. . .....lit il til, n,i-unkui l urilnrv In
per cent per annum rememner mai "" ' ,, '
it is negotiable and so la a great 1:. ww' "" r,-"",lu
deal like money In that It may be lanntuny so as to oe me n ioi ava u-
H IM.' lUHIt 111 IM' I 1 ' ' I ( TMIOUMI t- .1
ue parsed from hand to hand by
simple Indorsement on the back, and
the man who comes by it honestly
has full rights against the person
w ho. signs It.
In order to poaess this quality of
negotiability to be able to pass
from one to another bv simple in
dorsement, giving to the person re
ceiving It those superior rights a
note must conform to certain legal
requirements. These are stated in
the Negotiable Instruments l.au , a
uniform aot which has been adopted
in similar form by practically all of
the states. In general the note
must be in writing and Blgned by
the maker. Writing in its legal
sense Includes printing, lithographs,
etc.; and the signature may be an
abbreviation or a "mark." Further
to be negotiable It must contain an
unconditional promise to pay a MHn
certain in money. There must be
no "If" about the promise to pay.
Also It must be to pay money and
no' potatoes or nails. If you are
having the house shingled and want
to prevent the negotiating of a note
you may give bo that no one may
se' iirc roin it better rights than the
carpenter to whom you give It, you
may do n: by stating in the note
that you promise to pay upon condi
tion that .the barn Is shingled in ac
cordance with the agreement.
To ae negotiable a note must bo
payable on demand, or at a fixed or
determinable future time. Naming
a future date for payment, of course,
fixes the time. So. too. it is regard
ed as a fixed time if payment Is to
be made a' thi happening of an
event that is certain to occur. Six
ty days from date is a determinable
future time. Further, It must be
puyable to order or to bear?r, there
words of negotiability being necessar
y that the instrument may possess
that quality. So notes are written
"pay to the order of John .Smith"
and not Just "pay to John Smith."
A note lacking the above require
ments of negotiability may still be
a good contract enforceable between
the original parties according to its
terms. Hut if the note be not ne
gotiable and the man who made it
has been swindled, he may make
this defense galnat the person to
whom he leave It.
A person who iaiends to hind him 1 1 e college or Agriculture. Unl
self by the tio'e signs i--inii.lv k's , oi ;eura ga, win nuu a
. " i ... ...... . . k. l
vacancy In tho Banner's Washington
office.
Then, in two or three years,
things happened. Wood row Wileon
became president, and Joe Wilson's
salary had grown to $35 per week.
Nashville suddenly realized that she
had the president' only brother. The
real of the country realised , too.
Joe Wilson's mall grew heavy.
Out of an envelope tumlbled an of
fer from a Now York insurance com
pany at a salary of 912,000 per year.
This offer was cart Into deep hade
a little later by a letter from a New
York truat company offering $24,000
for his service. Realizing that to ac
cept either would simply amount to
selling hie distinguished brother's
name, Joe Wileon resolutely put
both aside.
i Then followed an amazing succes
sion of offers- front pr?at newspapers
holding forth dazzling salaries to the
Banner's city editor to represent
them a Waeh'ngtoo. At last he
could realize the ambition towards
which he had struggled all his life
It was within his grasp. Me ould
accept, all th newspaper offers,
syndicate his writings, and thus with
a bound attain affluence and power.
But a saonJ though:. If hu ac
cepted, It w;.uld moan that every
word of his w. tings would be taken
by the public as inspired and as com
ing from the president. It might,
nay, it wouWi, become a ooutinual
embarrassment to the sincere older
brother, who is trying with such de
vout aingienc s ot purpose to be a
great. pretMeai of the United States.
One recent day Joe Wilson indui:
ed himself in the luxury of additr;
up the comroi'ite salary cf his n: ws
peper offers. They totaled $15,(.'
a year. F(-r a few mctnetts he sat
in abstraction, dreaming for the last
time his lite dream. Then he dic
tated a few letters cf refutdl, an. I
with a sgh turned to his deck and
his $36 per,
COL. li. P. COURSEY, Auctioneer
R. M. HAHPTON, Clerk
Beef Producers Day
Nebraska Stockmen to Meet at Lin
coln May 29, 1913
own name. Hut mistakes are made
by agents who do not intend to bind
themselves, personally, but only their
principals. Do not sign "John Jones,
Agent for Samuel Smith," for thst
will make John Jones personally lia
ble; but sign "Samuel Smith, by
Jchn Jones, Agent." A sniuwhat
different rule prevails in the case
of public offkers fr,r one acting In
i. public capacity may r'.gn his own
nu.-.'e as offictr and b. .d his prlncl-
and not himself.
1 no notos of corporations and partner-
hips are eignti by an officer or
dgtnt of the corporation or member
cf t.i partnership in the name of
the company. A representative or
partner who Is held out to the world
as having authority to sign notes,
may b'nd the company -even though
he may have ex-eeded his authority.
Co If you are a partner, be cautious
cf the public authority that is given,
really or apparently, to a partner
wh-in you do not trust absilu'ely.
(Copyr'-iht, 1913,
Towers. I
by Walter K.
Al. Bcwen of Scattsbluff passed
through Alliance Tuesday noon on
his way home after accompanying
s.vtrai carioaea of fat it tie to the
Omaha market. He 3'.ated that
this was the first time he had ever
taken cattle to this mark t which
wire too large. It was ue esaary
for him to send them on eisr to
Chicago.
If and Mrs. Robert Mom fort
have begun housekeeping at 311 K.
;Jrd street, and are now ut home to
iheir many friends there.
meeting of Nejrsaka stockmen at
Lincoln at Lincoln on May 2,-Mh. at
the farm cuuupjs. K. A. Burnett.
dean of agriculture, will preside. The
day will be fall of interest.
The summarlz'vj results of ten
years' exper .mental wirk will be
given at this meeting. The experi
mental work will be given at this
meeting. The experimental cattle
fed during the past winter will be
on exhibit. These cattle were fed
on the following rut.ona:
Lot 1 Oarn. prairie hay and cold
pressed cotton seed cake.
Iot 3 Com. silage and co'.d pre-s-
ed cotton seed cake.
Ijot J Corn, silage, prairie hay.
l-ot 4 Corn, silage, alfalfa hay.
Let 6 Corn, silage, alfalfa hav.
1-e.t 5 -Corn, alfalfa hay.
Theeie lots have varied greatly.
Which do you think did the best?
The figjj-ii will be rtady for you on
May 391 h.
Following Is the program for tho
afternoon, a: the Live S ock Pavil
ion, one . .k, Dean Burnett pre
siding: Kxhibitkn of Fat Steere Ellis Rail
Growing Beef Oattle iB. A. Burnett
Alfalfa sn Be?f 1'ro taction C. B. Lee
Discussion an-1 c?i action of Kx. Sta.
Steel R. K. Bliss
Mr. and Mis. Frank Beeeon. of
Omaha, father and mother of Tom
V, ii. ii.aTi er ot the Alliance ex
change of je Nebraska Telephone
Company, J-rived Tuesday noou for
a week's vkek with ham.
AIU i t Leudtke. foreman of the
Davista Ranch, hi I. ingle. Wyo., wee
in :1c; cKy Tuesday noon.