HOTEL COMPANY
APPEALS CASE
Believes Is Entitled to More
Damages from Archi
tects
I.incoln, Neb., (Special) —
The Norfolk Hotel company has ap
pealed to the supreme court from a
judgment of the district court that
awarded It but $2,848 damages from
Stevens & Company, architects and
builders, when It asked for $160,000.
The company was formed to com
plete a hotel started on donated lot*
iri Norfolk by the North American
Hotel company. The suit was brough
Hotel company. The ■ suit was
brought by Stevens & Company, who
claimed that there was a balance du*
them of $36,000 for work dona and
construction put Into place.
The hotel company came back with
r demand for $160,000 damages, claim
ing that the members were deceived
by the representations of the plaintiff
company that It could complete the
building for $375,000. After $285,000
had been expended and It was found
It would take $238,000 more to finish
it the hotel company called every
thing off. and when Stevens sued
for the balance due, came back with
Its claim for big damages based on
the loss of rentals. The hotel had
been rented for $27,500 a year, but
was never completed, as far aa the
petition shows.
MAKES DEMAND
FOR HER CASH
Woman Advanced Money to
Buy Park for Town of
Superior
Lincoln, Neb., 'Special)—
Evelene Brodstone, member of the
Superior park board, Is asking the
■upreme court to compel the city
council to Beil $12,000 worth of park
bonds that It holds and^reigiy her the
$10,000 she advance}! to buy » park
for the city. The couficll says the
bonds are Invalid and nobody will
£>uy. It Is wlUlng that she should
eil part of the park land and get
her money hack, but she Insists that
the bonds are good, and that the
city cannot plead Irregularity on Its
own part anywhere.
Since the suit was begun Miss Brod
IBtone, who Is wealthy In her owp
right, has weddtSd -on English lord
who Is engaged In the meat packing
Industry In this country and England.
She began with his firm as a sten
ographer, and became one of the
mainsprings of the management c?
the firm In this country.
RECEIVES PROGRAM OF
BIG RATE HEARING
Lincoln, Neb., , (Special)—
The state railway commission lias
received from ths Interstate Com
merce Commission an outline of the
rate hearing program when the
western carriers present at Chicago,
next Tuesday, their application for
mi Increase. L. E. Wettllng, former
vmploye of the state commission. Is
to lie the first witness, lie Is to
present a mass of figures .showing
the revenue needs of the .curriers.
He Is to be followed byjrhllpoad ex
ecutives who are toj tell of the
- economies and efficiencies of opera
tion In effect, nnd present the gen
eral situation in tie territory they
serve. They are \lso to present
figures showing wnat earnings are
necessary to fund obligations and
what capital expenditures are con
templated. ,
The last half of the eight-day hear
ing Is to be taken up by the presen
tation of rate plans by the traffic
experts, the testimony of economists
as to the agricultural Industry and
general price levels, and the presen
tation of their own needs and situ
ation by several of the weaker roads
that desire to stress their own fl
- . nanclai condition. *
SENTENCE TOO SEVERE
ATTORNEY GENERAL AVERS
Lincoln, Neb., > __ . (Special)—*,
Attorney General Spillman concedes
In a brief filed In rupreme court that
the 20 year sentence given Frank
"Hubka, a youthful farmer from ihe.
Filley neighborhood in Gage county,
is too great for toe Offense lie com
mitted, that of Intimacy with a girl
under the age of consent. Hubka de
fends on the ground that the girl,
who was a waitress in a hotel at
Virginia, was not previously chaste.
The attorney general says that the
verdict of guilty given by the Jury la
fully sustained by the evidence, but
that he Is inclined to recommend a
lessening of the ccntence by the court
. He says that the average sentence for
offenses of this character has been
from three to seven years, but that
he believes this Is too light and that
It should bo stiff enough to make
young men pause.
FAMOUS OLD INDIAN
DILa AT WINNEBAGO
Winnebago, Neb., -Charlie
Walking Day, one of the oldest men
of the Winnebago tribe, died in the
government hospital here.
Walking day had been for many
years a leader and counselor of his
tribe. He came with the Winne
bagoes from Wisconsin in the ’60s
and has 11 v* d here most of the time
since. While never an agitator and
always conservative in his attitude
toward the while men and the gov
* eminent, he was a man of influence
SEEK SCALP OF
THIS OFFICER
But Defenders Assert It Is
Because He Is Fearless
in His Work
Lincoln, Neb., (Special) —
Because Deputy Sheriff L. E. Shurt
leff, of Johnson county, shot at the
tires of an automobile driven by
two girls, who had escorts with them,
a petition was sent to Governor Mc
Mullen asking him to remove the
deputy from office. One of the shots
punctured a tire and the car was
stopped. Friends of the girls have
waxed Indignant over the affair and
are after the scalp of the officer.
Lewis C. Westwood, of Tecumseh
has called on the governor In defense
of Shurtleff. He says that as a result
of better law enforcement the deputy
was appointed to the office a short
tlm# ago and that because of his
fearlessness his services have been
Of great value to a lav/ abiding com
munity. Other supporters of Shurt
leff say that, the wet element, not
in sympathy with the dry law, are
most active against the deputy.
PIERCE COUNTY
FAIRTO START
rageant to lie rut on by
Schools to Be a Daily
Feature
Pierce, Neb., __ (Special)—
The management of the Pierce Coun
ty Fair association Is making ar
rangements to entertain the largest
crowd that has ever attended the
fair which will be held at Pierce,
September 1,2,3 and 4. Wednesday
there will be foot races, horse races
and a ball game between Randolph
and Wausa, and the Wausa band
will play.
Thursday there will be races and
a bull game between Plalnvlew and
Osmond, and the Plalnvlew band will
play.
Friday there wMl bo ji ball game
between Winslde and the Santee In
dians and the iPerce band will play.
In addition to these events on these
days there will be eight tree acts
each day.
The Uvesioek exhibit promises to
be the best ever had here. The farm
exhibit will be up to the standard of
other years while the ladies promise
to have more fancy work und canned
goods than ever.
Something new In the way of en
tertainment In this county will be
presented by the Misses Jean and
Marutn Preece of Battle Creek who
ha\e been training more than 400
school children of the county for a
grand pageant to be put on each eve
ning. The title of the pageant is "Th*
Early Settlement of America."
FARM IS SOLD IN
SETTLEMENT OF ESTATE
Winslde, Neb.. , (Special)
—The estate of the late S. L. Tidrick
bus been settled by the six heirs
uud a farm one and one-halt miles
south of town was sold to E. L. Ime!
of Red Oak, la., who plans to move
here next spring.
tiOLD PRELIMINARY
IN SHOOTING CASE
' Nellgh, Neb., . (Special)—
The preliminary hearing of Ernest
Galloway, charged with shooting
Glen Jones of Tilden, was held here,
Galloway entering a plea of not
guilty. He was bound over to the
September term of district court and
bond of $301) tlxed. This was promptly
furnished. Glen Jones, Alvan Saxton
and Doctor Curtis were the witnesses
qulz./ed. The defense did not intro
duce testimony. The witnesses told
practically the same stories, except
under cross examination, Jones and
Saxton’s stories did not agree In de
tulls as to position and distance front
th-e car of the defendant and whether
there was enough moonlight to see
.tho defendant. .Galloway’s story of
’the shooting has never been told
and it Is hinted that startling testi
mony will be developed at the trial.
INDIANS FACE CHARGES
OF W»FE DESERTION
Pender, Neb., _ . (.Special)—1
Deputy Sheriff McMannus has gone
to Oklahoma to return Frank White,
an Indian, charged with wife de
sertion and taking a car not his own.
Another Indian, Charles One Feath
er, a Sioux, was taken to his home
at McIntosh, S. D„ by the Dakota
sheriff, on a charge of wife deser
tion, also.
OFFER $500 REWARD
FOR SLAYER OF TWO
Lincoln. Neb., . (Special)—
Governor McMullan has offered a
reward of $400 for the arrest of the
slayer or slayers of Mrs. Lawrence
Hlrd and Clarence Yager, of Hast
ings, found killed over a week ago.
The reward was offered at the sug
gestion of State Sheriff Condlt.
SADIE K. LYTLE ESTATE
IS SOLD AT AUCTION
Crofton, Neb., (Special) —
The 400 acres belonging to the Sadie
K. Lytle estate were out up Into
small tracts and sold at auction here
bringing from $08 to $94 an acre.
Martin Mlschke and Marshall Phil
lips were tho buyers. Frank I'lrich
bought 40 acres of the I'lrich farm
at $33 an acre and Marshall Phillips
bougbit the remainder at $31 an
acre. Tt..s land 1« used only for graz
ing as It Is rough. The Lytle land
borders the Missouri river.
HiS INSANITY
BELIEVED RUSE
Man Who Escaped from Pri
vate Institution Is a
Bad Actor
Lincoln, Neb., t (Special)—
While the detectives have so far
failed to locate James R. Lane, the
burglar who escaped from a private
Insane asylum the other night, they
have discovered that shortly before
he was arrested here ho married
Mrs. Lora Culp, matron of Iowa
hospital for the insane, at Des
Moines. She resigned when she was
weeded, and was Interrogated by the
police here after her husband's ar
rest. She left Lincoln, and Is now
employed at a Missouri state hospital
for insane. It was suspected that
sb« might have helped him escape,
but investigation disclosed she has
been at her place of employment all
duringe the past month, and has re
sumed her maiden name.
Lane proves to have been a resi
dent of Carbondale, 111., for a number
of years, and it Is a theory of the
police that one of the reasons why
he sought emxiloyment at the Iowa
and Nebraska asylums, where he
worked for a time, was that he might
observe how insane people acted so
that he might ape them when he got
into trouble with the police through
his burglaries. He had a stolen car
with him when arrested that was so
tampered with that it is impossible
to trace Its owner.
RATES HIGHER
REVENUE LESS
Figures Compiled by Rail
Commission Show Motor
Vehicle Results
Lincoln, Neb., i. _ (Special)—
Fiures prepared by the rate depart
ment of the state railway commis
sion on shipments of less than car
'oad lots for the past 11 years show
.hat in spite of increased rates the
revenues were, in 1924, 25 per cent,
less than they were In 1914. So far
as ticket sales are concerned, the
total is 10 per cent, less, although
the rates were nearly doubled. The
automobile, the intertown bus and
the auto truck are given credit for
the losses.
O'NEILL DENTIST DIES
IN PITTSBURG HOSPITAL
Pittsburg, Pa., ■" (Special)—
Dr. A. H. Corbett, a well known
dentist, of O’Neill, Neb., died in a
Pittsburg hospital, Tuesday night,
and will be buried at Corsica, Penn.,
Friday afternoon.
TWO LIFE-TERMERS
ARE DECLARED INSANE
Lincoln, Neb., 1 tSpecial)—
Two men recently received at the
state penitentiary to serve life sen
tences for murder were declared in
sane by the state insanity commis
sion. One of these is Ed Newcomb,
of Rushville, who poisoned his wife
and children last July. The children
recovered, but the wife died. New
comb also took some poison. He is
a laborer. The doctors said he was
suffering from dementia precox,
which is curable and which does not
bring on violent attacks. The two
children are in the hands of rela
tives.
The other man is Thomas Allen,
ranch hand, who slew his master,
William Heckel, near Valentine three
weeks ago. The doctors said he is
suffering from an incurable form of
insanity . He has been in that condi
tion half a dozen years, the doctors
said. He killed Heckel because of a
belief that he was trying to poison
him. Allen had accused previous
employers of the same thing, and
when asked why he had not killed
them he said he either lost his nerve
or had no means at hand.
BEET SUGAR CROP
IN PRIME CONDITION
Grand Island. _ -Manager A.
J. Denman, of the American Beet
Sugar company, has returned from
an extended trip throughout the beet
raising territory and reports the
fields to be in better condition at
this time of the year than at any
time before since the establishment
of the beet mill 35 years ago.
The outlook is that the campaign
will be commenced earlier than in
previous years as tlie crop appears
several weeks ahead, while the ton
nage is expected to be greater owing
to a large increase in beet acreage.
Mr. Denman said.
BURLINGTON BRAKEMAN
KILLED AT LINCOLN
Lincoln, Neb., f* (Special)—
H. A. Rich. 31 years old, a Burling
ton brakeman, was fatally hurt in
the railroad yards hero Tuesday,
dying in a hospital two hours later.
He was found unconscious and de
tails of the accident were not known,
but he is believed to have been hit
by a freight train.
WINSIDE PIONEER WOMAN
IS LAID TO REST
Winside, Neb., (Special)
.—Mrs. Helena Heyer, who has been
a resident of Wayne county for 40
years, was buried Tuesday beside
her pioneer husband la the Wirsdy
cemetery. They came here from
Illinois in 18S4. Mr. Heyer died in
1906. Five children. Mrs. Clara
Denesia, of Carroll, Neb.; Mrs. Ida
Jensen, of Briggsdale, Coio.; Will
Heyer, of Omaha; Louie and Edna
Heyer, of Winside, were ail present
when she died
VACATION OVER,
ENDS HIS LIFE
Bookkeeper in Ord, Neb.,
Bank Gives No Reason
for Act
Ord, Neb., (Special.)—Ros
coe Sneith, young bookkeeper at the
Ord State bank, took his life by
shooting In the country near St. Pcul,
Neb. He had returned from his va
cation-with his parents at Elba, then
went to St. Paul, wrote a letter of
resignation to the bank, and went
out to commit suicide. He left let
ters to Ills parents, Instructing them
what to do with his remains and how
to distribute his property. He as
signed no reason for the act. He
was a trusted employe of the bank
here and there were no Irregulari
ties found in his work.
PQTATOESARE
EXCELLENT CROP
Growers in Western Nebras
ka Counties Say Prospects
Unusually Good
Chadron, Neb., _ -The condi
tion of the potato crop in western
Nebraska is excellent, members of
the annual potato tour conducted by
the Nebraska Certified Potato
Growers' association and the Kim
ball, Scotts Bluff and Dawes county
farm bureaus reported. Growers from
Kimball, Banner, Scotts Bluff, Box
Butte, Sioux and Dawes counties
took part in the trip and Inspected
fields In each county.
OMAHA’S MAYOR DID
ROPE A STEER
Norfolk, Neb., __ —Mayor
James Dahlman of Omaha, was in
troduced to a huge throng witnessing
the final day’s celebration of the
Norfolk American Legion’s second
annual Pioneer Day celebration here
Sunday afternoon as “Cowboy Jim,”
and as an added feature he roped a
steer from the back of a horse after
i chase about the rodeo grounds.
The Omaha mayor is 67 years old,
and as t*ere were no comers to his
challenge to .my one his age for a
roping match, he roped alone.
Six of the original band that set
tled in Norfolk following the close
of the Civil war after their trek
across the country In covered wag
ons, traveled in that style in Sun
day’s pageant. They are Fred Ded
derman, Fr?d Braasch and Mrs.
Braasch, Herman Braasch, August
Uehle and August Melcher.
“Diamond Dick” of Dead wood days,
a frontier life figure two score
years ago. but for 15 years known
to his fellow townspeople as Dr.
Kohert J. Tanner, headed the
pageant. Mayor Julius Haas of Nor
folk and Mayor Dahlman of Omaha,
rode abreast behind him.
STANDARD OIL APPEALS
TO SUPREME COURT
Lincoln, Neb., (Special.)
—The Standard Oil company filed an
appeal In supreme court today from
a district court order denying it an
injunction against the operation oi
a filling station in Lincoln. The
company contends that it is be
ing deprived of Its property and will
be driven out of business by the
competition of a station maintained
irr' part by taxation, and that the city
is without power to operate one
when full and free competition ex
ists.
RAILWAY COMPANY TO
ABANDON RIGHT OF WAY
Lincoln, N* b., , (Special.)
The Kansas City Northwestern rail
road company filed a petition with
the state railway commission today
asking permission to abandon the 32
miles of road it owns in Nebraska,
in Pawnee nad Gage counties. It
says that It has asked the Kansas
commission to let it abandon 111
miles it owns in that state.
L. S. Cass of Waterloo, la., is
president of the company. It was
started nearly 40 years ago as one
of the north and south railroads that
was to relieve the middle west of the
tyranny of the eastern ports by pro
viding a way to send farm products
to Galveston, it built 161 miles of
road from Kansas City, Kan., to Vir
ginia, Neb., a little town northeast
of Beatrice. The road has not been
in operation since 1919.
The road was once operated as a
part of the Missouri Pacific, but
when that .system was reorganized
it was dropped. No other road has
seen fit to huy it although it crosses
a good farming territory. Railway
commissioners say that it is because
the territory is fairly well served by
other roads. The road attempted a
reorganization lately, and paid of(
all back taxes, but it failed to secure
a loan from the government, and
gives this as the reason for tossing
up the sponge.
CHILD BURNS IN HOME
STRUCK BV LIGHTNING
Sutherland, Neb. (Special.)
—Lena Marie Jensen, 3 years old
was burned to death at the farm
home of her parents, Mr. and Mrs.
James Jensen when the house was
struck by ligntning and burned
The mother hacl gone to a chicken
house and noticing the storm coming
started for the helise, but wr. •
knocked unconscious by a bolt cl
lightning before she reached It. Wher
she recovered consciousness, th*
nouuo was almost destroyed.
PIERCE COUNTY
SOIL VALUABLE
One 80-Acre Tract Sold
This Week for $13,000
in Cash
• Osmond, Neb., , __ w (Special)—•
Another faith in Pierce county land
was expressed this week when The
odor Streich purchased from James
B. Wilson 80 acres of land at $13,
. 000. This was an all cash deal, and
while possession is not granted until
March 1, 1926, full settlement is made
at this time.
Many renters are looking for land,
but little of it is available, and it
was for the purpose of providing a
farm for his son that Mr. Streich
made’ the purchase.
COVERNORMAY
DENY REQUEST
Failure of Omaha Man to
Pay Support in Kansas
Has Two Sides -
Lincoln, Neb., _ (Special)—
Tense relations may result between
the governor of Nebraska and the
governor of Kansas over one Harley
Henderson, an humble iceman of
Omaha. The Kansas executive has
requested the Nebraska governot
to issue a requisition but the latter
has not acted yet. Henderson is
wanted at Atchison, Kan., on a
charge of failure to support his 11
year-old child.
It develops that Henderson has
since remarried and has a new wife
and child to support. It is also de
veloped that the first Mrs. Hender
son remarried an Atchison man 10
days after she filed a complaint
against her ex-husband. Governor
McMullen does not feel like taking
Henderson from his family and sub
jecting him to a felony' charge if
there is any way to arrange the mat
ter by the payment of a lump sum
of money.
The Hendersons were divorced in
1920 and the father, defendant was
ordered by the court to pay $20 a
month for the support of the child.
Only $50 has been paid and Hender
son now owes $1,110.
The disposition of the case is still
in the air and will be until’Governor i
McMullen returns from a speaking !
date in the western part of the state.
It Is said that he Is willing to do
anything to_further the ends of jus
tice, as the lawyers have it.
_
SEA GULLS RID FIELDS
OF GRASSHOPPER PEST
Bayard, Neb., _ -Hundreds
of birds, commonly known as “sea
gulls,” have been keeping this val
ley free from grasshoppers and
other pests this summer. They roost
on the hills at night, and during the
day descend into the alfalfa fields of
the valley and destroy all insecta
No one disturbs them.
NEW ENFORCER FAVORS
USING THE PADLOCK
Omaha, Neb., . -Padlock
injunctions closing every place
where liquor is manufactured or dis
. pensed in violation of the prohibi
tion laws will be the chief weapon
of the new prohibition administra
tion, Andrew McCampbell, prohibi
tion administrator for Nebraska,
Iowa and South Dakota, announced
shortly after his arrival in Omaha
to take charge of his of fire.
Mr. McCampbell reached Omaha
from St. Louis, and went imme
diately to the federal building for a
conference with Robert Samardick
and District Attorney J. C. Kinsler.
Although refusing to discuss thj
specific methods that he intended to
follow In the enforcement of the
Volstead act after he takes charge
of his office on September 1, the
new dry chief did not hesitate to
state the general program that he
would attempt to carry out. This
Included recourse to the drastic pro
visions of the padlock laws.
EXPECT SENSATION IN
TRIAL ALIENATION SUIT
Wayne, Neb., -From the
amount of money Involved, the
prominence of some of the interested
parties and the sensational nature
of the case, one of the most import
ant trials to be heard in the fall term
of the district court held at Wayne,
October 5. will be the $50,000 dam
age suit brought by Henry Meyers
against Edward Marotz, for alienat
ing his wife's affections.
Mr. Marotz is a retired farmer and
wealthy landowner, being tlie owner
of 480 acres of Wayne county land
besides other property, and is a mar
| ried man. Meyers and Marotz
' farmed in partnership on the latter's
land not far from Hoskins for the
past 12 years. Last spring the men
had trouble and Meyers moved to
near Winside. The suit was filed
early this year, but, as there were
but a few jury cases, the trial was
postponed until this fall.
RARE INDIAN RELICS
TO BE EXHIBITED
Nebraska City, Neb., ._ -
The Indian relics owned by the
widow of the late Major Keeling of
Falls City, considered one of the
largest collections in the weat, has
been loaned to the Arbor Lodge
Slate park museum, and will be
placed on exhibition as e ion as cases
are provided. This collection was
gathered together by Major Keeling,
who in the early days had much to
do with Indian affair# In the west
——
WHEYS
after
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