The North Platte semi-weekly tribune. (North Platte, Neb.) 1895-1922, July 03, 1914, Image 6
THE SEMLWEEKLY TRIBUNE. NORTH PLATTE. NEBRASKA. ? M i M :? h i'y 5 f ?l HB BRIEFLY TOLD NTELLIGENCE HERE GATHERED COVERS WIDE AREA. GREATER OB LESSER IMPORT Includes What Is Going On at Wash ington and In Other Sections of the Country. WASHINGTON. Tho Owen bill for federal retalia tion of stock exchanges reported to tho isenato was sent buck to tho hank committee. Senators who objected to the favorable report from tho com mittee meeting attended by loss than half of tho membership succeeded in Betting tho senate to re-refer the bill. Attempts by Gorman Interests to outbid tho United States for rights to construct an lnteroceanlc canal across Nicaragua were revealed to tho sen ate foreign relations committee by NIcnruguun Minister Chamorro. Tho minister said Germans had urged that the $3,000,000 offered by tho United States for cnnnl rights and other con cessions was not enough. , ' President Wilson Is expected this week to nnnounco a decision on tho petition of Frank M. Ityan, former president of the structural Iron work ers' union, and tho other twenty-nine defendants in tho dynamiting con spiracy who havo asked for executive clemency. Tho convicted men aro at liberty on ball, but unless tho presi dent Intervenes they must go to Jail this week. Houso leadera aro erIiI to have about agreed not to forco a voto at this session on tho Nobson resolution to amend tho federal constitution so as to provido a nntion-wldo prohibi tion. Many of tho democrats In the house have protested strongly ngalnst inimcdinto action on tho resolution nu account of tho effect it might have upon their fall campaigns for re-election. 4 o It took a roll call, a recapitulation, n challenge of tho rosult, a second voto which roaulted hi a tie, and finally a third roll call In tho house to decide that Vice-President Mar shall and Speaker Clnrk would not get government automobiles and then the question was loft In such shape that It -will then bo taken up in con ference Parliamentarians snld tho situation was most unusual. Seventeen railway companies, con stituting transcontinental freight routes, aro liable under tho decision of the United States supremo court in tho Bo-cnllnd lnterinountnln cases for many millions of dollars In reparation on shlpmontB mado since tho Institu tion of the cases. Tho precise amount involved In claims already filed with tho interstate comniorco commission has not been estimated, but It approxi mates $12,000,000. Railroads nro not liable for Injury to Interstate employes or mombors of. their families riding on passes which contain stipulations that tho passen ger tissumos nil rlsksk whllo bolng eo transtiortod. Tho United States su premo court so decided, and held that a pass is not to bo regarded as part of tho compensation for which tho omployo works, but Is in reality 1-co and subject to any conditions, the railroad may impose. DOMESTIC. Forraor President William II. Tuft received the honorary degree- of doc tor of laws at tho Amherst commence ment ut AmhorBt, Mass. A score of persons Injured, two of whom aro expected to die, and about ilfty homes either totally or partially wrecked, aro tho results of a tornado which struck Watortown, S. D. Shots fired Into a crowd of Insur Gent miners by sheriff's doputles sta tioned in minors' union hall In Hutto, Mont., killed n byBtandor, wounded two othors, one fatally and led to threo partially successful attempts to dyna mite tho building, A minimum wookly wngo of $9 for women und girls employed In laund ries and dyo works In Washington has been recomiiioiulod to the Btato In dustrial welfnro commission by the conference of employers, employes nnd interested cltlzons called to llx a wage for thut Industry. Announcement baa been mado that on July 1, W. Avorlll Ilarrlinaii, son of tho lato 13. II. llarrlman, will suc ceed V. V. S. Thomo ns vlco president and dirootor of purchasers of tho Un ion Pacific railway. Delegates to tho Northorn Baptist convention at Boston subscribed In person $50,000 townrdB wiping out tho debt of $270,000 hanging ovor tho Homo and Foroign Mission soclotloj. In uddltlon, John D. Kockofeller gao $50 000 and promised a second in btallment ol tho same size, If needed. The teaching or sex hygiene in SundBy schools wub approved in tho roport to tho convention of the Inter national Sunday School association by 13. K Mo.br, superintendent of the piu It; dppai'mont, Seceders at Hutto launched a now union of minors. c Mediators at Niagara Kails bollovo they seo a possible solution of exist ing problem. ( Tho fourteenth Intornntlonnl Sunday school convention has opened In Chi cago with -1,000 dolegntes Incorporation of the Women's Bar Assoc'atlon of Illinois hns been an nounced at Chlcngo by Attorney Not tlo Hothblum, ono of the incorpora tor?. A forty-year Tend over timber lnnd ended wlfen Charles Harris, a farmer, was Instantly killed by a ballot fired from tho revolver of his brother, Tamos. Tho slayer gavo himself up Ho said his brother had attacked him with an ax. In n thrilling four-mile triangular atn.ggio with Pennsylvania utiil Cor noll. the Columbia university eight oared crew won by n scant length tho premier race of the twentieth annual regatta of tho Intercollegiate Rowing association on the Highland course. A cloudburst at Lunesboro, Minn., made tho village of 1.000 people a lake six foot deep. Railway sorvlco has boon abandoned, l.nnosboro can not bo reached by telephone and res cuers nro obliged to go about in boats. No loss or life has been reported. Forced to leave Mexico, they clnlm, because their property was confiscated and their stock stolen, seventy-live Klcknpoo liiillans, who migrated to tho nouthern republic from Oklahoma sev eral years ago, are encamped at Eagle Pass, Tex., awaiting aid froin the United States government. General Garland N. Whistler, U. S. A., retired, aged fifi, Ib dead at his summer homo at Pensaeola, Fla. Gen eral Whistler invented smokeless powder and a system of fire control for artillery coast defense, by which ofllcers in n contr.il station can map out the exact location of approaching vessels. Tho threo days' song and music program In connection with tho thirty-fourth saengerfest, closed at Louis vlllo, Ky., with tho lost of a series of live concerts. On feature of the pro gram waa tho singing of "My Old Kentucky Homo," and Breus "Spring time on the Rhino," by the mass chorus of .1,000 male voices. Because tho wheel of the Storstad was first put to port and then, It is alleged, without tho authority of the officer in charge, was put hard aport, when' It had steerage, Butler Esplnall, K, C, In his address to the Empress of Ireland "wreck commission at Que bec, contended tho collier was ro sponsible for tho disaster on May 29, In wlllch 1,014 persons lost their liven. By tho will of Mrs. Morris K. Jcsup, filed nt Now York, millions of dollars are left to public ecclesiastical Insti tutions and to Mrs. Jcsup's relative. Tho American Museum of Natural History recolved $1100,00 for research work; tho Syrian Protestant collego at Beirut, Syria, $400,000; Yolo tin! verslty, $300; Union Theological sem inary, $300,000, and tho Young Men's Christian association, $250,000. An appeal to strengthen tho Irish volunteers and "enable them to con front adequately this audacious at tempt of British aristocracy and nn Irish minority to put down by forco the liberties of tho Irish people" was declared by Michael J. Ryan, presi dent of tho United Irish league of America, nt Philadelphia, In a cable gram from John Redmond, lender of tho Irish nationalist party. The ca blegram wns sent rrom London. ' Alba B. Johnson, president of a lo comotive works In Phlladolphlu, em Dloylng 15.000 men when running full- handed, told the United States Com mission on Industrial Relations at Philadelphia, that tho so-called effic iency Bystein of scientific manage ment Iiob found no place in tho plant of which Tie Is the head- and also. that In tho opinion of tho management of tho workB, organized labor "lovols downward." FOREIGN. . An unexploded bomb was found In tho porch way or tho Church or St. Mnry tho Virgin, at Reading, Eng npparontly placed thoro by militant Buffmgets. Tho machine consisted of a tin can full of explosives, with a fuso attached. The fuso hud been lighted but had gone out. According to Information recolved, the constitutionalist army commanded by General Alamlllo, has captured tho city of Zopotlan, a largo railroad conter In tho stuto of Jalisco, ninety mlloB south of Guadalajara. Tho oc cupation of Zapotlan Is regarded as an Important step In tho campaign against Guadalajara. 1 A revolutionary plot and a plan to nssuBslnnto Prouldent Leouidns Plaza und proclaim the rebel loador, Col. Carlos Concha, provisional president of Ecuador, was discovered by tho government nt Quito. Sorlousness of tho Hntlen revolu tion lins caused Prosldont Zumor to take the Hold In person. During tho president's absouco from tho capital tho government will be In tho hands of a commission, which will act with tho cabinet. Conditions in Port An Prlnco aro reported quiet. ROYAL 1 SI ASSASSIN KILLS HEIR APPARENT OF AUSTRIA. TWO FALL DEAD IN MOTOR GAR Crime Committed by Young Native of the Annexed Province of Herzegovina. Serajovo. Archduke Franz Ferdi nand, heir to the Austro-Htingurlan throne, and his morganatic wife, tho iluchesB of llohenberg, were nssasBl nated Sunday while driving through the streets of Serajovo, tho Bosnian capital. A youthful Sorvian student fired tho shots which added another to the long list of tragedies that has darkened tho reign of Emperor Franz Joseph. Tho archduko and his wlfo were victims of tho second attempt In the Bamo day against tholr lives. First a bomb was thrown at the automobile In which they were driving to tho town hall. Forewarned, howover, of a possible attempt againt his life, archduke was watching and struck tho mlssllo aside with his arm. It fell under an automobile which car ried mombers of his suite, wounding Count von Boos Wnldeck and Colonel Merlzzo. On their roturn from tho town hall the archduke and duchess were driv ing to tho hospital when the Servian. Gavrlo Prlnzlp, darted at the car and Hrcd a volley nt the occupants. His aim was true, for the archduke and als wire wore mortally wounded. With them at tho time was tho gover nor of tho city, who escaped injury. Tho bodies of Ills murdered compani ons collapsed across him and pro tected him from stray bullets. Death Comes at Once. Tho governor shouted to tho chauf feur to rush to tho palaco at top speed. Physicians were In prompt attendance, but their services were useless, as the archduke und his wife wore dead before tho palaco was reached. Until the emperor's wishes are known tho bodies will Ho in state at tho palnce hero. They will doubtless be Interred in the Hapsburg vaults In tho Capuchin church at Vienna. Says U. S. Is Dictating. I-irodo, Tex. "Constitutionalist leaders who have tho sympathy or ull tho peoplo of Mexico behind them will not allow tho dignity of tho na tion to bo lowered by tho interference or any foreign power in the interna tional affairs of tho country." This declaration was mado by Gon oral CaTrnnza at a banquet at Monte rey, according to travelers who ar rived hero. Carranza, It was said, asserted that the United States wa3 assuming a dictatorial attitude. The 400 Mexicans who uttoudad the ban quest recolved the declaration with cheers, It Ib declared. May Try to Amend Frank Law. Washington. Chnlrman Overman of the senate lobby committee had bo foro him a special report of postof llco Inspectors alleging the govern ment was deprived of $57,000 In pos tal rovonuo when certain so-called boot sugar lobby literature was circu lated freo under the frank of Senator Lodgo of Massachusetts. Whether stops will bo taken to compel tho su gar interests concerned to pay that sum has not boeti decided, but Mr. Overman declared the Investigation would bo tho basiB of legislation to regulnto tho uso of the franking priv ilege. Toeleso Shoes for Women. London. The tooloss shoe for after noon and evening wear and to be worn With or without stockings Is tho latoat novelty for women to appear in tho London shops. The now design Is of sandal form, with high French heels and oxposos glimpses of tho sides ol' the foot nnd toes. They are also mado in a wide range of colors with a view to match ing tho gowns. Sentence Is Approved. Washington. President Wilson has approved tho sentence of dis missal imposed on Major Benjamin M. Kouhler of the coast artljlory corps by a court-mnrtlal. Major Koohlor was In command at Fort Terry, Plum Inland, N. M., when son satlonnl charges wore brought against him ami tho trial was held behind closed doors. To Put Legislation Through Wabhlngtoii. "Wo'ro ready for tho light and wo are going to fight until wo put this trust legislation thtough It It takes all summer," -said Senator Willi hub, democrat of Mississippi. Another Rock In the Way. Washington, D. P. Another stum bling block In tho jMith of early pass ago of tho appropriation bills appear ed when Sonator Borah announced lie expected to conduct a fight against the rlvor and harbor hill, tho bo called "pork barrel" measure. Schultz Sentenced to Hang. Chicago.- William Schultz was sen tenced to hang for tho murder, Feb ruary 24, of Mrs. Elizabeth llealy, wlfo of a druggist. Tho woman was found in the kitchen, her throat cut. NEBRASKA IN BRIEF- An old Bottlers' picnic will be held it Union August 14 and 15. W. H. Goodwin, Geona merchant, suffered a fractured hip in a runaway accident. Mrs. C. C. West, a pioneer resident of Nebraska, Is seriously ill at lvar homo ut Dunbar. Sidney has voted to issue $15,000 bonds for tho erection of a new city High school building. The Dodge Criterion. J. J. McFar land, editor, appeared last week In a brand now suit of clothes. Tho Ma lison Commercial club is making arrangements to hold a Fourth of July celebration. William Harrison, sr., has sold his comont factory located at Dunbar nnd has moved to Osakls, Minn. Pope Coulter, Jr, was injured when kicked by a horse at tho farm of John Duncan, oast of Dunbar. Harry L. Parsons has sold his half Interest in the Central City Republi can to hla partner, Robert Rico. Jninea Schoonover has sold his in terest in the Aurora Republican to his partners, Clark Perkins and Charles Carlson. Fred Meyer was scritonced to servo ninety days in tho county jail at West Point for obtaining $90 uuder false pretenses. Walter Henry, twenty-two years ohT, committed suicide at the family homo near West Point while tempora rily Insane. The cky council of Kearney has awarded to tho United Trust Co. of Omaha $45,000 5 per cent funding bonds at par. Mr. and Mrs. Burt Johnson and Claud and Pearl Johnson or Cass county have taken up homesteads near Winifred, Mont. Mrs. Robert Schlnkus of Madison was granted a decroo of divorce and 7,000 alimony Monday by the judge or the district court. Tho remonstrance against issuing a liquor license to Fred Benson or New man Grove has been overruled by tho district court at Madison. Tho presence or army worms In alarming numbers is causing some uneasiness among tho farmers In tho vicinity or Table Rock. Soven bootleggers were recently caught by the police of Scottsbluff. Tho Beatrice creamery nt Oxford was partially destroyed by fire. J. It. McKee. scventy-flvo years old pioneer of Palmyra, has been sudden ly stricken blind. Ho wns prominent In Otoe county politics Tor ninny years. Rev. J. P. Giffen and Mis3es Arvilla Murray and Audra Wilkinson of Dun bar are attending tho Sunday school meeting of the United Presbyterian church at Ewing. Miss Ada Bloedorn o( Franklin has left to' visit her brother, W. A. Bloed orn, surgeon at the Washington navy yard. Miss Bloedorn is dean of music in theFranklln academy. A boat was upset with three boys In the flood water of Beaver Creek, near Ravonna. George Bushhousen ivas drowned, the others escaped. His body has not been recovered. A coroner's Jury exonerated. Mrs. freno Mariclch of South Omaha from iny responsibility concerning tho ieath of her husband, who died from un wounds received during a quarrel with his wire Fred Salto, a Japanese, was ar raigned berore United States Commls Jioner Cloary at Grand Island Mon day night on a charge or violating the white slave law. Ho is hold under &3.000 bond. The seven-year-old son or Mr. and Mrs. Albert Shaffer of Cedar Crook has been taken to Chicago to receive treatment. He was recently bitten by a dog which was believed to be af fectod with rabies. While Itolltt Gilbort was cultivating corn south or Beomor his team be came frightened, and started to run. Mr. Gilbort recelvod a bad cut on tho thigh which required several stlches to draw' together Prisoners in the county jail und county olllcers at Fremont have col lected $40 ror tho hospital expenses of John Carey, convicted or stealing brass. He has boon ill for some time and his condition is critical. Cord Nelbulir, Ed Palmer, Mrs. J. W. McKay and Miss Nell Bums, res idents of Syracuse, whilo returning from Lincoln In their auto went Into a ditch. Tho women wore severely Injured, while tho men escaped with only minor bruises. Wheat harvest is on in full sway In Gago county. Although the farm demonstrator reports that a groat deal of damage has been wrought by tho Hessian fly, ho estimate that tho wheat will average from fifteen to twenty-five bushols to tho acre. Thnt the young peoplo who aro to bo married on one of 'the principal streets of Beatrice on tho Fourth of July at noon will recelvo a groat va riety of gifts, for both Immediate antf future use. from the merchants' of tho city hns been assured. They will re celvo a baby buggy, infant's shoe?, clothing, groceries, dry goods, auto . rldos, etc. Wort L. Kirk, who sold tho Crolgh ton Nows to Nolan & Strong. Bivon mouths ago nnd went to Idaho to grow up with tho country ,ls back In Ne braska. Ho Iibb purchased the Intor ost or Mr Strong in tho Nows and hla namo again nppoars nt tho masthead, aa editor. E. W. North, newly installed oolloc for of intornul rovonuea for UiIb dis trict, states that between 1,800 and 2,000 Individuals and corporatloiiB In said district must pay tholr Incomo taxo berore Juno 30 or bo subject td a big penalty This number havo us yet failed to respond. 0. P. 15 VICTORIOUS BIG ROAD GAINS NEARLY EVERY POINT. NO RECEIVER TO BE APPOINTED Supersedeas Bond of $100,000 Sug gested by Defendants Is Granted and Filed. Lincoln. Tho United States court, with Judges T. C. and W. H. Muugor on the bench, 1ms handed down a de cision In tho St. Joseph & Grand I Bin ml railroad caso In which th Union Pacific won nlmost everything for which its nttorneyo asked. Gen eral Solicitor N. II. IiOomia and Edson Rich for the Union Pacific and Attor. noy Myron Learned for tho minority stockholders of the Grand Island' road, battled before the court In the matter of settling tho decree which was handed down by the same court on May 27. The original decision was altogether against tho Union Pacific, owner of tho majority stock of the Grand Island and the larger line was ordor ed to divest Itself of Its stock In tho smaller or.p within sixy days or seo a receiver appointed for tho latter road. Tho Bamo decision enjoined tho Union Pacific from voting its stock In the Grand l6lund property. In the later proceedings the court made a number of modifications which, for the time being, leaves the Union Pacific in control or affairs of tho Grand Island line, although the In junction restraining the former con cern from voting Us stock In the lat ter line is left standing. Tho Union Pncllc is also enjoined from receiving siny dividends on its Grand Island stock. But the Union Pacific will continue operating tho Grand Island until a final decision is made in the case. In the meantime tho Union Pacific asked, and It was allowed, an appeal to the United States circuit court at St. Louis. Tho plaintiffs won a strong point when the court ordered that, pending a final decision, St. Joseph & Grand Island must not purchase the Hast ings & Northwestern railroad, a small line which the Union Pacific built be tween Hastings and Gibbon as a con necting link between the main lino and the Grand Island line at Hastings. Nor, under the decree, Is Grand Island permitted to spend any more money on betterments to its property. On tho other hand the Union Pa cific scored strongly when tho court ordered that no receiver be appoint ed for tho Grand" Island until tho final appeal be heard and settled. This was one of the most important poiuts of tho action. The Union Pacific was ordered to givo a supersedeas bond in the sum of $100,000 in the case, this amount being suggested by Mr. Loomis. This bond will cover any damages which may accrue to tho plaintiffs should tne nnni decision no in ineir iavor. Supreme Court Decisions. Lincoln Supreme court opinions handed down cover a few cases that have been through the Douglas county district court. A saloonkeeper who voluntarily gives up a business loca tion and moves to another location, thereby allowing another saloonkeeper to locate in the former location, can not have his saloon license refunded. In an action against an employer to recover damages Tor the death ot an' nmployo, alleged to have been caused by the negligence or such employe, Hie burden or proof Is to show somo act of negligence as the proximate causo of decedent's death. This is the opinion or the supremo court in the caso brought by Elizabeth' C. Ripe, administratrix or the estate oT Joseph Rhine, who was killed whilo employed by A. Schall "& Co. The court holds that tho Douglas county district court orred in reruslng to direct tho Jury to return a verdict Tor the dofondant. The supreme court hands down a lengthy opinion involving tho rights of stockholders or a defunct corpora tion and their liability for stock hold therein. The case was brought by the re ceiver, Charles T. Dickinson, to re covor from tho stockholders of tho Omaha & Nebraska Central Railway company for the nmounta secured against tho stockholders by judgment of tho court. Tho high court holds that tho decree of tho district court against the defendants is not valid and roversos the case. Frank B. Hollenbock, as a creditor of the estate of Adam Greon. deceased, has petitioned tho county court for the appointment or Fred C. Foster as admlnlBtr .tor. Ho states that the mem bora of tho family havo fnlldd to ap ply Tor administration. Stout Gets Life Term. Lincoln. -Harry M. Stout, tho De wltt murderer, will not try tho elec tric chair. He appeared In district court and changed his former plea ol not guilty of manslaughter, and wns sentenced to llfo imprisonment. Com mitment papers were at once mndo out and ho wns taken to the peniten tiary to begin IiIb sentence. Stout killed his wife and wounded her sister by shooting on a Burlington train In tho Lincoln yartjs about a month ago then nearly ended bis own life l; cutting his throat. WHEAT HARVEST UNDER WAY. Enormous Yield Is Found From tho First Fields Cut. Tho wheat harvest la in full blast in tho southern tier of counties In. Nebraska and by tho middle of next week It Ib expected that cutting will begin in tlio northern half of tho state. Tho yield is hotter than tho most op timistic predicted and railroad men aro placing the total anywhere be twoen 80,000,000 nnd 90,000,000. In Gago county reports to the Bur lington nro to the effect that somo threshing has been done nnd In fields that have been considered only about an average, wheat has turned out aa high as forty and forty-flvo bushels. pe"r acre. General Superintendent D'Bernardt of the Missouri Pacific, just In from Kansas City, made a trip through) northern KnnsaB and asserts that from there south, tho wheat will practically all be cut by tho end of the present week and that threshing will be well along. A representative of an Indianapolis, Ind., motor racing promotion company was before tho stato fair board In an er.'ort to convince the stato board that it should rent the stato fair grounds to tho motor racing company for either tho week beginning August 15 or the week beginning August 22. Tho company, ho Bald, would put on somo of the best automobile racing talent and cars in tho country, but admitted that It intended to make money at the business. The talr board was not In clined to favor tho Idea because it would tear up the track and make It bad for horso racing. Traction com pany ofilclals were also before tho fair board at the board's request. The board wants to get two-minute ser vlco to the fair grounds during tho state ralr this year. With the new double track to the grounds the Tail board believes tho company can fur nish tho service if it will. The second filing for chief Justlce of the supreme court under tho non partisan Judiciary law passed by the last legislature has been made by Chief Justice M. B. Reese. Tho pe tition's contained 8,400 names, coming from seventy-five counties, tho largest petition coming from Douglas county with about 1,000 nafties. Threo peti tions with 18G names came in from Clay county, the homo of II, C. Pal mer, the first man to file for the same office. A number of democrats are on the petition or Judge Reese, among them being W. II. Thompson or Grand Island, and I. L. Albert or Columbus, both attostlug to tho petitions sent in. Tho state railway commission heard testimony Thursday In tho matter of tho report of the Lincoln Telephone company Tor leave to place on Its switchboard or the Farmers' Indopend eat Telephone company o( Red Cloud and this company objects to tho chnnge. Tho Lincoln company does not propose to cut off oxchango be tween1 the farm lines and the Indepen dent company, but proposes to connect its exchange with tho Independent company's exchange by a trunk line. Two moro republicans who have a desire to servo tho peoplo as register or deeds filed as candidates at the Au gust primary. They were Douglas A. Frye and Karl Schmltt, both of Lin coin. Mr. Frye has boon county clerk and is now serving as deputy in that office. He presented his resignation as deputy to County Clerk W'olls, to tako effect July 1st. Mr. Frye's homo was in Panama precinct before tho lure of office brought him to Lincoln. Judge Rissor of tho county court has entered judgment in the case of John W. Dally vs. the Capital Carter car company, tried by him several days ago. Tho plaintiff sued on notes transferred to him at tho tlmo ho bought out the business. The de fendants maintained that they did not guarantee payment of the notes by endorsing them, merely Intending to transfer them. Plaintiff was given judgment for $404.92. After six years of service In lhat capacity, Ross I. Hammond formally turned ovor tho olllco or colloctor or Internal revenues of the District or Nebraska to Edward W. North, for merly his chief deputy. Mr. Hammond Is candidate for tho gubernatorial no mination on tho republican ticket. Mr. North has been In the department wonty-one years, having started hore under bis father, tho lato James E. North. Tho county court Jury which tried tho case or the Einerson-Brattingham, Implement compnny vs. Theodore Karr, was unnblo to agree arter many hours' deliberation and was discharg ed by Judge Rlsser. Tho plaintiff sued on notes given by the defendant, and he filed a counterclaim for breach of warranty on nn engino bought by him fiom tho plaintiff. Frank R. McCormick, receiver of tho First National bank of Sutton filed notice of appeal in tho federal court in his suit against Elwln E. Culver, in an attompt to collect an asso3Siu-nt on bank stock of tho defunct Fuller ton bank which It was claimed Culver owned. Culver claimed ho had turned tho stock back to tho bank,, but tho books oT the bank did not so indicate. The court held that the stock hal been transferred and Culver did not have to pay. Mr. McCormick cluim tho case Is identicnl with that or Whltnev vs. Butler In 11 S U. S. 055,