CARRIES CASE
TO HIGH COURT
Sioux City Bank Balks At
Paying Draft On Failed
Institution
Lincoln, Neb/ May ±: -The Live
Stock National bank, of Sioux City,
filed an appeal Monday with the su
preme court fn'sn a Holt county de
cision that It owes Henry Henefln, of
O'Neill, $1,363.16. That was tha
amount of a check sent Henefln by a
brother and drawn on the First Na
tional bank of Gregory, 8. D. Hene
fln deposited It In a bank at O’Neill,
which forwarded It to Sioux City.
From there It went to the Federal
Reserve bank nt Minneapolis. It
collected by draft from the hank at
Gregory, and this draft started on
the return route. Before It reached
Henefln, the Gregory bank, which
drew the draft, had gone Into a re
ceiver's hands, and the Instrument
was never paid. The Sioux City
bank soya It had to send the check by
way of Minneapolis for lack of a
correspondent nt Sioux City for the
Gregory bank, while Henefln saya It
did not use due diligence.
ONE DOUBLE WEDDING
8EEM8 A FAILURE
Fremont, Neb., May i. -Mrs. Em*
ma Knoell and Mm. Laura Knoell,
twin slaters, have filed charges of
non-support In district court against
their husbands, John H. and Law
rence Knoell, brothers, who are farm
ers near here. Tho brothers were
cited to appear Wednesday. The two
couples wore married about a year
ago at a double ceremony.
COMMENCEMENT WEEK
ON AT BLOOMFIELD
Bloomfield, Neb., May f- (Special)
—The annual baccalaureate service*
of the senior class of the Bloomfield
high school were held at the opera
house Sunday night. Rev. H. H.
Pyche, of the Congregational church,
delivered the sermon. The com
mencement exercises will be held at
the opera house on Friday night of
this week.
ODD FELLOWS ARE
SHOWING MUCH ACTIVITY
Lynch, Neb., May T (Special)—
Odd Fellows and kindred organiza
tions are holding large representative
meetings in this part of the stute al
most weekly and a larger number of
members than usual are being re
ceived into the various organizations.
A big meeting will be held here May
27. when large delegations of Musco
vites will raid the town with the bear
which will lead the Sioux Falls
S. 1)., delegation, and an afternoon
and evening program will he given.
The meeting of Muscovites will be
the second big affair of its nature to
he held here within the month. Re
cently about 160 Odd Follows gath
ered here at a special meeting for
the Initiation of 21 candidates and
the work of the three degrees. Bloom
field. assisting with a degree team,
came with 32 members; Creighton,
with 26, and Orchard with 24. Ac
tivities extended into the morning
hours and two suppers were served
by the Rebeknhs, the last being a
midnight luncheon.
UNUSUAL PROCEDURE
IN AN APPEAL CASE
Lincoln, Neb., May ... (Special)—
The unusual course of asking for a
rehearing In a supreme court appeal
that has gone against the state was
taken by Attorney General Spillman,
who asks that the state be given a
chance to discuss the legal proposi
tion upon which the court decided
the case of Carl II. Goucher, charged
with aiding and abetting the forgery
by County Clerk Allan, of North
Platte, of a county warrant.
Mr. Spillman says that the court
decided the case upon a point not
raised by either side, towit, that the
warrant was not forged. The de
fense had admitted that It was, and
now the slate thinks it ought to
have a chance to convince the court
that It Is wrong. It Is pointed out
that If the warrant was not forged
then Allen, who Is serving a term for
forging It, was unlawfully put la
Jail.
Goucher la a salesman for an Oma
ha printing concern, and Allen said
he had Induced him to Issue the war
rant so that he could use the pro
ceeds to square a shortage In his ac
counts with the printing company.
The covrt said that Goucher was
charged with aiding In the false
making of a warrant, when as a mat
ter of fact the warrant was genuine.
The attorney general Insists that this
is a refinement of technicalities that
marks a step backward.
THEM FOX CUBS,
BUT ARE WOLVES
Worthington, Minn., May (Spe
cial)—Lowell Kizer, near Round
Lake, dug up seven wooly cubs on his
father’s place recently and presented
him.-elf at the Woolstencroft fox
buylng station in this city for re
ward. He was considerably disap
pointed when told that they could not
be used for fox pelts. However, he
was told there was a bounty of $6.00
a head on the sackful of furry
wranglers, as he had discovered a
wolf den. All but one were disposed
of according to the law of these herd
ravagers; Mr. Woolstencroft pur
chased this one for a pet.
BOOTLEGGERS ARE
KEEPING UNDER COVER
Bloomfield, Neb., Maj v (Special)
— It Is reported that bootleggers of
this part of the state are keeping
piettv well under cover these days
and that it is about &s hard to get a
pint of hootch as it la to find a man
that enjoys paying taxes. And the
reason ascribed for this remarkable
quietude among the vendors of illicit
stimulants Is that a goodly number
of agents from the enforcement bu
reau gre “carrying on” In northeast
Nebraska. Many arrests are said to
b« scheduled for the near future.
COURT SAYS HE
MOST DO TIME
Temporary Parole Granted
By Sheriff Not A
“Release
Lincoln, Neb., May ? (Special) —
In denying the request of Mrs. War
ren Riggs, wife of an Antelope coun
ty farmer, for the release of her hus
band from any obligation to serve a
60-day sentence for bootlegging, the
aupreme court eaye that what wae
asked would be a mockery of Just'ce.
Riggs asked the sheriff to 1st him go
home and harvest his crops, snd that
when that was done he would come
back and serve bis sentence. He did
aot return, and when the sheriff took
him Into custody, hie wife got out a
writ of habeas corpus, claiming that
his sentence began the day It war Im
posed and that the 60 days having
expired while he was still toiling at
his crops, he was entitled to freedom.
The supreme court says that a scn
tnce does not begin until a person »s
taken Into custody, that tha time to
begin It Is not an essential part of the
sentence, that being the kind and
amount of punlsv ment. To order nis
release would be to g‘vo the pardon
ing power to sheriffs and nullify the
criminal law.
FEDERAL ROAD DEPARTMENT
8AY8 “SAFETY FIR8T’'
Lincoln, Neb., May £ (Special)—
Federal road Inspectors, In obedience
to Instructions from headquarters,
are seeking to minimize the railroad
crossing danger by declining to ap
prove projects that cross tracks
where another route would serve th*
public as well and eliminate unnec
essary crossings. Until next January
the county boards will continue to
designate the route of highways
through their jurisdictions.
Being political bodies they are pe
culiarly Busceptlble to pressure from
voters. In locating highways it has
been found that every town near
which it is laid out Insists upon hav
ing it twisted a bit so that the tour
ists will have to traverse the well
known Main street. Sometimes this
means crossing a railroad track to
get into the town and then recrossing
It to get out. This adds to the cer
tainty of an increased death list in
the course of the years, and this is
what the federal government Is try
ing to shorten.
Work on graveling the S. Y. A.
through York county has been halted
because the people of Bradshaw want
the highway to go through their town
and have the county board’s approv
al, but the federal agent has put in a
veto. ,
HUSE QUITS NORFOLK’S
PARK COMMISSION
Norfolk, Neb., May ►' (Special)—
In an open letter to the mayor and
city council. Gene lluse, editor of the
Norfolk Daily News and for seven
years a member of the park board,
resigned his position as park com
missioner because he declared the
city fathers were "passing the buck"
to him In the matter of letting out
the city athletic park for public
meetings.
Mr. Huse converted an old grove
Into one of the most beautiful parks
In the city a few yeara ago. This
park now fronts the city's new half
million dollar high school. Mr. Huse
also built parks and made beauty
spots of old holes and unsightly plac
es along the railroad tracks, vacant
lots and Isolated parking, until the
city now has many beauty spots
which once were weed patches and
unsightly grounds. Through his ef
forts resulted the city's athletic park,
Mapes park, the city park and other
places of beauty
CAUGHT IN TRACTOR
GEAR AND KILLED
Herman, Neb, May - (Special)—
Henry Meier died following Injuries
received when he became tangled In
the machinery of his tract*'.". He was
found hours later, wit i his bo fly
holding the tractor, still running, out
of gear. His body was renting ncross
the exhaust pipe and was horribly
burned. He leaves a wits and six
children.
NEBRASKA SCHOOL MAN
GOES TO COLOME, 8. D.
Oakland, Neb., May f (Special)—
Leonard R. Benson, for several years
superintendent of schools here, has
been elected to the same position in
the Colome, S. D., schools at a $600 a
year increase in salary.
DIXON BOY SENT UP
FOR AUTO THEFT
Ponca, Neb., May > —Lawrence
Bourge, of Dixon, who was brought
here from Deadwood, S. D., by Dep
uty Sheriff Millie after he had stolen
a coupe from the Thompson garage
In Dixon and driven to the Soutl'
Dakota town, being convicted of
stealing tIre car was sentenced to
the industrial school at Kearney.
Deputy Mille brought the boy back
in the stolen car which was nearly
new and still carried the Nebraska
license number. Young Bourge
claimed he took the car as he had
no other way to go to Deadwood
where he was working In the gold
mines.
Shrinking Peaches.
From Williams Purple Cow.
Customer—That pound of evaporated
peaches you sold me didn't weigh over
13 ounces.
Grocer—Well, Ma'am, I* didn't guar
antee 'em not to go one evaporating.
HARTINGTON SCHOOL GIRL
WINS HISTORY PRIZE
Hartington, Neb., May (Special)
—The winner of the history prize of
fered by County Judge W. F. Bryant
here was won by Miss Elizabeth Ha
bel, senior in Trinity high school
here. The Judge offered an award
for the Hartington high school stu
dent who could name the four states
wliich had their own governments
before they were admitted to the
union, excluding the 13 original states
and those which left the union at the
time of the Civil war. Miss Haoel
answered the question the day It was
propounded
CHURCH COUNCIL
OUSTSPASTOR
Rev. Harry Koonz, of Fre
mont, Recently Upheld
Prize Fighting
Fremont, Neb., May l (I. N. S.)—
As the result of a sermon he deliv
ered a month ago, defending profes
sional prize fighting. Rev. Harry
Koontz, pastor of the Congregational
church here, has been requested to
leave the pastorate by a council of
six members of the church. The coun
cil heard the evidence for and'against
the pastor.
Along with requesting the paster
to leave, the council also voted to
oust the board of trustees, the dea
cous and deaconesses and other of
floials of the church for their refusal
to “fire" the Rev. Mr. Koontz.
Rev. Mr. Koontz charged today that
the move to oust him followed his
refusal to Join the Ku Klux Klan at
the Invitation of several church
members.
GETS ONE CENT
AS HEART BALM
Omaha Nurse Had Eyes On
Fortune Of Wealthy
Lincoln Man
Lincoln. Neb., May C. (Special)—
Alfred Westland, wealthy Lincoln
resident, must pay one cent damages
as heart balm to Helen Olson, Omaha
nurse, who is 40 years his junior.
Westland Is 70. She said that She
first met Westland, In California, In
1923, and that later their friendship
was renewed In Omaha. She says that
she was Induced by pledges of love
and promise to marry to take a trip
to Atlantic, la., where they occupied
the same room, registering as father
and daughter. Westland denied he
ever knew the woman until she came
and sat down beside him on a park
bench In Omaha, and that the Towa
trip followed the chance acquaintance
thus made.
MEMBERS OF P. T. A.
OF COUNTY MEET
Hartington, Neb., May (Special)
—Representatives of the various par
ent-teachers associations In Cedar
county met, here Wednesday at the
annual meeting of the county council
of P. T. A.’s. The Coleridge, Laurel
find Wynot organizations were on the
program and an address was given
by Mrs. Charles Yygblut, of Lincoln,
who attended the national P. T. A.
convention at Austin, Tex.
LEGION ENDOWMENT
FUND IS OVER SUBSCRIBED
Norfolk Neb., May i (Special)—
The American endowment fund was
over subscribed here In a few hours
drive by teams organized by the
American Legion and a citizens’ com
mittee. Guy Parish, district com
mitteeman, was in charge of the
drive.
SETS DATE FOR HEARING
ON WHEAT CONTRACT
Lincoln, Neb., May (Special)—
The supreme court has set for argu
ment on Friday, June 6, the suit
from York county which is to deter
mine whether the five-year exclusive
marketing contracts that the Nebras
ka W'heat Growers association - has
made with several thousand mem
bers in the state are worth the pa
per on which they are printed. The
suit is a friendly one but other mem
bers who wish to back out have filed
petitions in Intervention and Insist
on acting unfriendly towards the con
tracts. The basic objection In that
the anti-pooling law passed In 1907
to break the trust of grain dealers
forbids any such contracts as the
ones made by the association.
TO HOLD MEMORIAL
OVER “FRAZIER” GRAVE
Niobrara, Neb., May —Services
to be held over the grave of a soldier
unknown at the present time, but
which the government claims to be
the grave of Arthur Frazier, Indian
world war veteran, are being planned
for Memorial day, Saturday.
At the same time it is expected,
according to word from Minneapolis,
that the trial being held there In
which a man whom the government
claims to be Arthur Lopez, a Mexi
can. is trying to establish his identity
ns the "dead'’ Arthur Frazier, will be
ended, and the identity of the claim
ant established.
HE WROTE 17,000
WORD LOVE LETTER
Grand Island, Neb., May Upon
complaint of a young woman to
whom ho had been writing annoying
letters, Frank Wiseman, 51 years old,
was arrested by Chief of Police De
graw and taken before the county
insanity board for hearing. The
most recent leiior written by Wise
man was a “violent" love letter con
taining 17,000 words. He stated to
members of the board that he de
sired to give the young woman an
opportunity to accept his attentions,
and to make his position clear in the
letter which he addressed to her.
He was committed to the Hastings
asylum.
FORMER SHERIFF IS
NOW BADLY INVOLVED
Omaha, Neb., May - (Special) —
Charles Hutter, former Bheriff of
Sarpy county, now under arrest here
us leader in one of the big boose
rings operating in the state, is wanted
In the federal court at Lincoln, where
he is charged with having forged his
brother’s name to a bail bond for a
man named Butler three years ago,
wiien Butler was under arrest on a
robbery charge. Hutter ts said by
the officers to have gone bad while
serving as county sheriff.
TOO MUCH AMBITION
William Feather.
A lot of us are Inclined to let
our amibtlon run away with us. It
may be true that too much am
bition is better than too little, but
we mustn’t forget that we can be
come so lost in dreams of the
future that we cannot see the pos
sibilities in the present Job.
The peak of a mountain is easy
to look at from a distance, but
gazing at it is not a short cut to
the summit. To reach its snowy
height means climbing, one step
at a time.
Bo it is with our progress
through life. The majority of
successes are not won in a leap
nor made overnight. If we are
willing to put the best of our
selves in our present Jobs and are
willing to grow slowly, success
will come.
Wright's lr« Justified.
From the New York Times.
Grover Loening, designer of the
amphibian planes with which Mao
MlUan will attempt to find a polar
continent this summer, said recently
that men In the aircraft field were
Intensely interested in Orville
Wright’s controversy with the Smith
sonian Institution and that some sort
of an appeal would be made to the in
stitution to relabel the old Langley
machine and to ask Wright to keep
his machine in America.
"The entire controversy would be
ended if the Smithsonian Institution
would properly label the Langley
plane," said Mr. Loening. “A correct
label should say that it did not fly
at the first attempt because it was
wrongly designed, due to the fact
that Dr. I.angley had made funda
mental errors regarding the center of
air pressure and other essentials.
"It should then say that in 1914, 11
years after the flight of the Wrights,
the Langley plane was turned over to
Glenn Curtiss, who was then engaged
In patent litigation with the Wrights,
and after extensile and fundamental
changes the Langley plane was made
to fly.
“Many of the ojd failures which
antedated the Langley failure could
be resurrected, made over and caused
to fly, with the knowledge that we
have of airplanes today. I have seen
the Ader machine, built in France
In 1893. It failed to fly at that time,
but I am sure that with a modern
motor and a few alterations, It could
be made to fly.
“1 have no doubt In the world either
that a good aeronautical engineer
could take the designs of Leonardo
da Vinci and, with a modern engine
end a few structural alterations, pro
duce a plane which could fly.
“Dr. Langley was tho secretary of
the Smithsonian Institution and it is
easy to understand the feelings of his
successors there who do not under
stand aeronautics and who think it
was merely bad luck which prevented
Langley from flying successfully.
His failure wan, however, due to fun
damental errors and the success of
tho Wrights was due to the fact that
they mastered the principles of flying
so well that they avoided those
errors.
“The one mistake that the authori
ties of the Smithsonian Institution
did commit was that of turning tha
Langley plane over to Mr. Curtiss
while he was In the midst of an in
tricate patent litigation which might
be affected by the success or failure
of tho flight. They should at least
have turned the Langley plane over
to disinterested men to give it a
test, and they should have held It
fubllcly, with plenty of disinterested
Witnesses.
“Such was not the case. They
tried it out In an Improper manner,
after radical changes had been mads
which overcame the errors duo to
Langley’s Ignorance, and then they
made Incorrect claims of what had
been accomplished.”
White Collar Jobs.
From tho New York American.
The most unfortunate person In
modern society is the man with ■
"white collar job.” Ills pay has not
kept pace with the higher cost of
living.
Capitalists have succeeded enor
mously. Besides this men who labor
onlj with their hands arc better off
now than ever before due to their
labor unions and other causes.
Recently the G. K. Mathews com
pany which is building model flata
for moderate rentals on a large scale
in Long Island advertised for brick,
layers to work for $14 a day.
In former times ,a man laid aa
much brick as he could during the
day. Nowadays the unions will allow
him to lay only so many brick and
prescribe that he should get $12 a
day for what he does lay.
It Is not to be wondered that many
college professors and bank clerke
are leaving their nice white collar
positions and learning to be me
| chaniCB.
The Students Suggest.
From the Nashville Banner.
University of Tennessee boys, be.
lleving In thoroughness in all things,
have addressed a petition to their leg.
lslators calling on them to finish the
work begun with the anti-evolution
law. The students sugg&st:
1. That the law of gravity b*
amended. Just what the amendment
should be is not definitely known, but
we think It should be amended.
2. That something be done about
the excessive speed of light.
3. That it be made illegal to bring
Fords into Tennessee.
4. That pi be changed from 3.141*
to an even three.
6. That it he made illegal to teach
that the world is round. The Book of
Revelations refers U' the four corners
of the earth; incontestable proof of
its flatness.
6. That it be made unlawful for
alcohol and nicotine to harm the
body.
7. That flappers bs eliminated.
8. That morphine be ruled nutri
tious.
Easier Than She Expected.
From Everybody’s Magasine.
A young woman who came to Colum
bia to take her degree of Doctor ol
rhiloaophy married her professor In
the middle of her second year. When
she announced her engagement, one of
her friends said.
1 ’’But, Edith, I thought you cams up
here to get your Ph. D. T
’’So I dTd.” replied Edith, "but I had
no idea I would get him so soon."
The Snake Indians were so called be
cause of the characteristics of these
natives In quickly concealing themselves
when ones discovered. They teemed te
E* !» **•«»»■% «*gebrush and
i and 1*tl* 411 the tubr
SAY CONTRACT
IS NOT LEGAL
Attorneys Attack Form Used
By Nebraska Wheat
Growers* Association
Idncoln, Neb., May C (Special)—
F’urnas county attorneys, as friends
of the court, have filed with the
supreme court an attack upon the
binding character of the exclusive
marketing contracts made by several
thousand farmers with the Nebraska
Wheat Growers association. This
organization went down Into Kansas
to incorporate, because it has a bet
ter co-operative marketing law than
Nebraska then had. That was four
years ago. It never f/ed articles in
this state until three years after It
had filed in Kansas.
The attorneys contend that the con
tract by which the members of
the association bind themselves not
to sell to any other dealer In grain
under a penalty of 25 cents a bushel
for all wheat so sold is null and votfl
because in contradiction of the laws
of the state.
They say that If the wheat growers’
association have a legal right to thus
pool, then the old line dealers have
a similar right, and that the anti
pooling statute could be made a com
plete mock of by merely going into
another state and Incorporate. No
foreign corporation, they say, can do
business in Nebraska except under
the legislative policy in force, and
that as the legislature had made
pooling an offense, the contracts aro
unenforcible. The list legislature
exempted co-operatives from this
anti-pooling law.
WOULD PROTECT
GUARANTY FUND
Deposit It? Closed Nickerson,
Neb., Bank Is Cause of
Controversy
Lincoln, Neb., May » , (Special)—
Attorneys for the guaranty fund
have filed objections in supreme
court to the allowance of a claiTh of
$1,700 by C. L. Waldron and L. A.
Magney, who claim to be owners of
a deposit made in a bank at Nicker- .
son, now in a receiver’s hands.
The attorneys for the guaranty 1
fund say that the deposit represents
an illegal contract, made contrary to
public policy and which is a trans
gression of public morals.
The claimants are Omaha attor
neys, who put the money in escrow
to be paid to two Fremont women if
they were called to Omaha later to
testify in the case against Dr. Math
es, convicted of murder in connec
tion with an illegal operation. The
case was then pending in supreme
court. Mathews never got a new
trial and their testimony was never
used. Before that happened the
bank broke.
TJie guaranty fund lawyers say
that as the contract was that the
payment was dependent on a court
decision It was bad in the eyes of the
law.
ARE NOT AGREED ON
DISINFECTING CARS
Lincoln, Neb., May - (Special).—
The railway commission held a hear
ing Tuesday on what constitutes a
reasonable charge for cleaning and
disinfecting cars, stockyards, pens
and chutes, to be paid by shippers.
Two roads, the Burlington and Union
Pacific, apply the present charges to
all shipments, while the other roads
have It apply on shipments between
Jobbing points. This discrimination
is a hangover from the federal ad
ministration period, the railroad men
said.
The farm bureau federation had
representatives present to insist up
on no more than a reasonable charge
being made where the shipments
were purely Intrastate. The Inter
state charges that the railroads de
sire permission to apply to all ship
ments hereafter is $2.BO for each
single deck car and $4 for double
deckers, where the roads do it, and
where they must pay others to do it
the shipper will not be charged any
more Ilian these figures. They ask
that for cleaning up yards where in
fected animals have been quartered,
the owner be assessed the cost plus
15 per cent, for overhead.
BLOOMFIELD VOTES TO
BUILD LIGHT PLANT
Bloomfield. Neb., May c' (Special)
—The Tri States Utilities company,
which has been serving this com
munity with electricity, lost a heated
contest to the city of Bloomfield, 361
votes being cast at the election Tues
day in favor of Issuing bonds for
$50,COO for a municipal light and
power plant and 66 votes against tho
issut. The Tri States company
rented the Star theater here Monday
night, putting on a free show and
President Henlehy laying his facts
before the audience. The company
had representatives in town several
days prior to election, conducting a
house to house canvass for votes in
their behalf.
FATHER O’TeOLES FUNERAL
WAS LARGELY ATTENDED
Newcastle. Neb., May *■ (Special)
—Funeral services for Rev. Father
O'Toole, who dhme here as the first
Catholic priest of Dixon county and
third priest of northeast Nebraska,
in 1877, were held from the New
castle Catholic church Tuesday, and
it is estimated that there were 800
or 1,000 people in attendance.
Archbishop Harty, of Omaha, and
Bishop Heelan, of Sicux City, to
gether with about 30 priests from
various parts of Iowa and Nebraska,
had charge of the services.
GUARDIAN FOP. .
THEIR FATHER
Sons of Aged Dixon County
Man Appeal To Nebraska
Supreme Court
Lincoln, Neb., May - (Special)— -4
The two none of Frank Gronlund of
Dixon county lodged an appeal Fri
day with the state supreme court
from an order of the district court
denying their request that a guardian
be named for their father, 82 years
old. They claim age has robbed him
of his mental powers, and that a
neighbor has taken advantage of this
fact to get hold of a deed to some
land which he Is threatening to take
possession of, and that it is necessary
that some one be named to look after
his interests. A brother of the father
was suggested, but the court held
there was no reason for naming a
conservator.
QUESTION ONE
OF IMPORTANCE
Dissolution of Consolidated
Schools In Nebraska
Is Complicated
Lincoln, Neb., May (Speclpl)-*
A lawsuit of state wide educational
Importance has been filed in sup
preme court, to determine the proper
method of dissolving consolidated
school distr'cts. A decade ago the
plan of consolidating rural schools so
as to have better teachers and more
advantages was adopted In many
parts of the state. Hard times among
the farmers led to their objecting to
the Increased expense of the con
solidated schools, and a number of
dissolutions have taken place and
others are under way.
Two districts in Seward county
consolidated by formal vote, and
later enlarged the consolidated
boundaries by taking in outside ter
ritory. Later this was detached in
lawful form, and then one of the two
original consolidators presented a
petition to the county superintend
ent, signed by twa-thirds of the
electors, asking for a dissolution.
Acting under a general la%v he made
the order asked for. Now comes the
remaining district, which says dis
I solution would leave it In bad shape*
and makes the point that the special
law governing consolidations says the
superintendent cannot act save on
petition of two-thirds of the electors,
of the consolidated district. The
question for the court is, which law
is supreme.
The objecting district says that
it is just as legally necessary to have ^
its consent to dissolve a consolida- >
tion as it is to enter one.
SAYS PENALTY IMPOSED
MUCH TOO SEVERE
Lincoln, Neb., May (Special) —
James Turek, convicted in Fillmore
county of shooting a neighboring
farmer with whom he had a quarrel
over plowing, has asked the supreme
court to give him a new trial, or at
the very least to reduce his sentence
of 10 years. This is too heavy a
punishment for the offense, he says,,
which was no more than assault and
battery considering the provocation
under which he acted. The state says
that Turek shot his neighbor because
the latter had been one of four tn
bring charges of insanity against
Turek.
CONVICTED PLUNGER
SEEKS HIS LIBERTY
Lincoln, Neb., May ~ (Special)—
Ray Lower, youthful plunger who
wrecked a bank at Valparaiso sev
eral years ago, now in the state
prison, has gone into federal court
in an effort to habeas corpus himself
out of the penitentiary. He claims
that he was sentenced under the
provisions of a law that was in force
at the time of his conviction that dif
fered materially from the law in
force when the offense was alleged
to have been committed. He con
tends that this amounts to illegal
Imprisonment. As another claim he
sets up that the ligislature failed to
attach a savings clause to the new
law, so that during the period of the
alleged crime there was no law in
effect covering the crime of embez
zlement. The supreme court had re
fused release on these same grounds*
to Lower ami to another banker con
vict at the penitentiary.
DIVIDE WALTHER LEAGUE OF
DAKOTA DISTRICT PLANNED
Mitchell, S. D., May (Special.)
—-The Dakota district or the Wal
ther league, comprising the states
of North Dakota and South Dakota,
will assemble in annual convention
at Hankinson, N. D„ June 2 to 4,
for the last time as a joint district.
Following tire general sessions tha
two state delegations will form sep
aratc districts. The rapid growth
of the league in both states has
made such a division advisable for
the efficient administration of af
fairs and for proper intenive de
velopment.
FINDS FIVE DOLLAR
BILL IN BIRDS NEST
Wayne, Neb., May - (Special)—A ^
five dollar bill was found In an obi
bird’s nest which had fallen to the
ground here, by Hans Sundahl, a
street cleaner. The bill had been
picked up by the birds and woven
into the nest. It was in good condi
tion.
TYNDALL SCHOOLS PUT
OUT 22 GRADUATES
Kimball, S. D., May . (Special.)
—Kimball city schools closed this
week. There were 22 graduates. It
i boys and II girls.