11
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PKATTSMOUTH SUWTOrr J0TJRJTA!L
V
THURSDAY, DECEMBER, 21, 1916.
PAGE 3.
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Ihe CESTArBCoiMP.car-
-- vniJ IC
It'
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For Infants and Children.
Mothers Know That
Genuine Castoria
Always
Bears the
Signature
of
in
Use
For Over
Thirty Years
Exact Copy of Wrapper.
lUJlnil
A
THE CCNTAUn COMMMT. MCW TOUR CtTT.
mrs. emma b.
manchester
WiNS HER CASE
Supreme Guardian Continues to Con
trol Field Work Judge Fan- '
cett Dissents From Opinion
of the .Court. ... , ... r -
Woodmen of tlie World, spare that
Manchester tree," is the effect of a
judgment of the supreme court of Ne
baka in the form of an order of in
junction prohibiting the supreme
executive council and Dora Alexander
and Mary E. LaHocca from interfer
ing with the duties of Mrs. Emma Ii.
Manchester, supreme guardian of the
Woodmen circle. The order of the
court was issued as the result of liti
gation between contending factions in
the Woodmen circle. It settles the
controversy in favor of Mrs. Man
chester. The supreme executive council of
the Woodmen of the World had at
tempted to deprive Mrs. Manchester
of the control of certain duties which
she has heretofore performed, partic
ularly the control of field work, such
as the organization of local groves
and the appointment of field wokers,
ind the control of the official newspa
per of the organization.
The council sought to clip the wings
of the supreme guardian by passing
a resolution giving the field work and
certain other duties over to a com
mittee of the three, of whom Mrs.
Manchester was one and Dora Alex
ander and Mary E. LaRocca were the
others.
Attorney General Reed started on
original action in the supreme court
to decide who was boss in the fratern
al order. The supreme court holds
.At he has a right to file such a suit.
The court finds that the executive
council could not take the action it did
take without authority from its supe
rior body, the supreme forest, and the
action of the council was void. The
court finds that the language of the
laws of the organization is ambiguous
as to powers and duties of certain
bodies adn officers, and when this is
the case it holds that in as much as
Mrs. Manchester has been performing
certain duties she may continue.
Judge Fawcett dissents from the
opinion of the court. He holds that
the resolution adopted by the council
is not legislation that needs the sanc
tion of the supreme forest, but is an
order from the council as to how the
busines of the oganization shall be
managed, that the resolution is with
in the power of the council which has
general control. Judge Fawcett holds
that this general control extends over
the supreme guardian, and that be
cause no such order had been found
necessary in the past does not mean
that the supreme guardian, Mrs. Man
chester, is independent of the control
of the council.
Judge Sedgwick wrote the opinion
adopted by the court. Judge Rose
did not participate in the case. The
opinion of the court says:
1. The authorities of the state,
under our statute, are given such con
trol of fraternal beneficiary associa
tions as to require the state to see
that the interests of the members are
nut sacrificed by unauthorized usurpa
tions of authority on the part of offi
cers of the association. Under the
circumstances in this case this court
has original jurisdiction of an action
in the name of the state brought by
the attorney general in behalf of the
insurance board to determine the jur
isdiction and powers of the contending
officers of the association.
2. A fraternal beneficiary associa
tion must, under our statute, have a
representative form of government,
that is, the governing powers of the
association shall be elected directly
or indirectly by the members. The
governing body in the defendant as
sociation, called the supreme forest,
is so elected and corresponds to the
board of directors in an ordinary cor
poration. It is authorized to "enact
laws for its own government and for
conducting the business of the order
generally." Laws so enacted in har
mony with the constitution of the as
sociation and statutes of the state are
binding, upon the association and its
officers and members.
3. The constitution of the order
creates an executive council which is
subordinate to the supreme forest.
The council could not authorize a com
mittee to conduct "business of the
order generally" without the approval
of a specified number of the members
of the supreme forest, and its at
tempt to do so is held invalid.
4. When the language of the con
trolling writing is at some point am-
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biguous, the practical construction by
the parties themselves must control.
In another suit decided by the su
preme court Nora M. DeBolt is de
clared to be entitled to the office of su
preme banker, an office that pays
$1,500 a year. Ira M. Kelly had re
fused to give up the office and suit
was instituted. The district court of
Douglas county dismissed the case
The supreme court now reverses that
judgment with directions to enter
judgment in favor, of the plaintiff who
was relator in a mandamus suit to ob
tain the office. The plaintiff showed
that at an election there was a tie
vote and Mrs. Manchester ordered
another ballot. On the second ballot
Nora M. DeBolt was declared elected.
GERMAN TRADERS
EXPECTING PEACE
Interned Vessels Ordered to Prepare
to Resume Regular Service.
New York, Dec. 19. Action taken
by German shipping interests in evi
dent anticipation of peace was re
vealed here today when announce
ments came from the local officers of
the two big German trans-Atlantic
liners that instructions had been re
ceived to make freight contracts for
shipments from New York to Ger
many "after resumption of our regular
service."
"We take pleasure in announcing,"
said a statement issued by the Hamburg-American
line, "that we are now-
open to make freight engagements
for shipment upon the resumption of
our regular service after the conclu
sion of peace or such earlier time as
he obstacles to such resumption may
be removed."
In a notice sent out to freight
agents and brokers by Oelrichs & Co.,
general agents in this country for the
North German Lloyd steamship com
pany, a similar announcement was
mare for freight contracts between
this port and Bremen. It was said
that such contracts would not guar
antee any date and would be made
subject to cancellation in the event
conditions would prevent their being
carried out.
ENGLAND BEGINS RESTRIC
TIONS ON FOOD CONSUMPTION
London, Dec. 19. The first food
estriction went into force in Eng-
and today. Hotels and restauants
ae now forbidden to serve more than
two courses for breakfast or luncheon
and three coursese for dinner.
Little inconvenience was experi
enced in connection with the first two
meals. The Englishman's usual
breakfast consists of a cereal and
bacon, eggs or fish and except in the
more expensive places a luncheon of
two courses is the rule. It was in ar-
anging for a dinner of three couses
that the caterer experienced the most
difficulty, but even in this case few
are likely to go hungry as hors
d'oeuvres and soup count only half a
course and for the two other courses,
diners have the choice of fish, entrees
or roasts, with vegetables and deserts.
Cheese with bread and butter, or
crackers is not counted as a couse.
The meatless day which is expected
to follow shotly will prove a more dif
ficult problem for restaurants which
make a specialty of roasts.
Milk in Winter.
Why do your cows give less milk
in winter than they do in summer?
Just because nature does not sup
ply them with grasses and green
food. But we have come to the as
sistance of Dame Nature with B. A.
Thomas Stock Remedy which con
tains the very ingredients that the
green feed supplies in season, only,
of course, in a more highly concen
trated form. We guarantee that this
remedy will make your cows give more
milk, and better milk with the same
feed.
II. M. Soennichsen.
Puis & Gansemer.
L. T. Bonner, the real estate man
of Imperial, is in the city attending
to some business affairs with W. E
Rosencrans, the local representative of
the land company and who has made
several very successful excursions
from this county to Chase county with
land seekers.
E. G. Dovey, who is attending the
medical department of the Northwest
ern university at Chicago, came in this
morning for a visit during the holi
days with his parents. Mr. and Mrs
II. N. Dovey and family.
Mrs. F. A. Raker of Imperial, Neb
is in, the city for a short visit at the
home of Mr. and Mrs. W. E. Rosen-
ITALIANS SEE HQ
BASIS FOR PEAK
No Opening Offered for Negotiations,
Says Foreign Minister.
Rome. Dec. 19. ( Via Taris.) For
eign Minister Sonnino said in the
chamber of deputies today that severa
resolutions which had been introduced
in the chamber in regard to the peace
proposals of the central powers
seemed to be based on the supposition
that the government had, or would
have, concrete and precise indications
as to the basis on which negotiations
would be made.
"As I said on the day before yester
day, this supposition does not corre
spond with the facts," the foreign
minister continued. "There is no sign
of conditions or basis for negotioation
in the enemy's note. I possess no in
formation in regard to eventual con
ditions of peace, beyond the note from
the enemy which I read in the cham
ber.
"Should propositions be made sub
sequently, we should consider what to
do, but it would be neither practical
nor proper to discuss that question to
day. Moreover it should be under
stood clearly that no one cf the en
tente allies could take into considera
tion any condition whatever by hy
pothesis which might be eventually of
fered to him under separate form. In
the public interest and out of respect
to allied governments I cannot com
municate to anything whatever as to
the substance of the answer we will
give to the note of the four enemy
cowers. The reply to the enemy will
be published as soon as it is drawn up.
Wishes I'eace.
"We all wish peace and lasting
peace. But we consider a lasting peace
to be a careful settlement whose
duration depends not on the solidarity
of the fetters with which one people
is held subject to another, but on a:i
exact balance among the states, based
on respect for the principal nation
alities, rules laid down in the laws of
nations and reasons of humanity and
civilization.
"If uo r.?re in the rv :sticc o: gen
uine proposal;;, witn a l-asis oi a na
ture to satisfy the general postulates
of civilization and justice which I have
just mentioned, none would reject
them abruptly. But there is nothing
to show even faintly that this is the
case and there are many reasons for
believing the contrary.
"I do not desire to use exaggerated
anguage, but the accent of the boast-
fulness and the lack of sincerity whic h
characterize the preamble to the
enemy's note certainly inspire no be-
ief that these mysterious peace con
ditions which the central empires an
nounce that they have the intention of
exposing later on, with the object of
quaranteeing the existence, honor and
free development of their peoples, do
constitute an answer to the postulates
we have laid down."
Baron Sonnino appealed to the
deputies of all parties in the words cf
Premier Briand of France not to per
mit the move of the central powers to
poison the mind of the people," and
urged them to refrain from "playing
the enemy's game" by giving way to
rash or untimely manifestations which
might implant the germs of division
and discouragement. .He asked them
not to vote any order of the day which
might let it be supposed that the atti
tude of Italy differed from that of her
allies.
Amid an outburst of cheering for
Baron Sonnino, the chamber voted the
order of the day, pure and simple,
implying confidence in the govern
ment, and further, ordered that the
foreign minister's speech be placarded
throughout Italy. The vote on the
order of the day was 27G to 40.
NEW BOOK ON CANCER.
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ive explanation of cancer and its suc
cessful treatment without the knife.
Based on actual experience of more
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search covering more than ten thou
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it.v. Mo. Send for a copy today and
learn some facts about cancer.
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v.tf.iK:3iw4
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Prince Albert it told everywhere
in loppy red bart, 5c; tidy red
tins, lVc; handsome pound and
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thai clever cryttal.gljtt pound
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top that keep the tobacco in tuch
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the A .
ItllBE smoke J4Llfi)lrUil
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w r
Mrs. George A. Kaffenberger and
daughter, Miss Mina, were passengers
this morning for Omaha, where they
went to meet their daughter and sis
ter, Miss Ola Kaffenberger, who is re
turning home for the holidays from
Cedar Falls, la., where she is attend
ing school.
CASTOR I A
For Infants and Children
In Use For Over 30 Years
Always bears
tile ' '
Signature of
. IX PLATTSMOUTil
" w t r r -w a a i v
i iUiiii limits iic;.
Mr. Mutz has a new kind of lamp
chimney, which is warranted not to
break, and will not under ordinary
u'rege, but he put too severe a test
on one anl it flow into pieces.
We hear the name of Moses Stock
ing for land commissioner, n new of
fice created by tha new constitution.
It is an important office, the commis
sioner having charge of all public-
buildings and grounds and lands, and
no better man than Stocking could be
suggested.
Jones is fairly settled in his new
stable over on Vine street (along' with
the Herald), and hits got a very nice
place to do business in. He has got
another new driving team, besides
Flora and Queen. Two pretty greys
excellently matched both for color and
gait, and very nice steppers to boot.
Mr. A. J. Swartz, an old friend of
the Herald many years ago, and well
known in this neighborhood, having
married here, has just moved back to
Plattsrnouth with his family. Mr. S.
is the general agent for the Wheeler
k!i Wilson Sewing machine in Iowa and
Nebraska.
Mr. Matthews, book agent, formerly
of Greenwood, has moved into town,
raid will settle here, taking the old G.
L. Seybolt house.
Died.
II. E. Ellison, formerly probate
judge of this county, died at his resi
dence in Plattsrnouth on Sunday morn
ing, December 24, 1876, of typhoid
pneumonia. Judge Ellison was 41
years old last July, and was one of
the oldest settlers in the county, liv
ing at Oreapolis in '5(5, afterwards
moving on a farm near Rush Chilson's.
He served two terms as probate judge
of this county, previous to the present
incumbent. His taking off was rather
sudden, although his health had been
failing for some time. We understand
his financial affairs were not the
brightest, and deeply sympathize with
the widow and children in their bereavement.
Doing the Work.
W. T. Nanney, Noel, Mo., writes,
"Your 15. A. Thomas' Hog Powder
is doing the work down in this part
of tho world. It proved to be what
we noeded to prevent and cure hug
cholcru and expel worms."
II. M. Soennichsen.
Tuls & Gansemer.
Wanted A married man with small
family wants position on farm. In
quire at the Journal office.
12-lS-tfwkly
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3 X I
Ever-ready
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The unexpected guest is a
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Come in and let us introduce yon to the
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Victors $10 to $100. te??Zhi
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GIFT THINGS.
Our holiday stock is replete with
gift things for Christmas and offers
broader assortments and better values
than ever.
Bracelet Watches
Diamond Rings
La Vallieres
Solid Gold Brooches
Cut glass ware.
fSZT CLOCKS
SILVERWARE
1 TOILET SETS I
fow ELGIN cJ
WATCHES
FRENCH IVORY.
We have a complete line of French'
ivory in single pieces and combina
tion sets. We engrave it for youi'
1
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Open evenings
until Christmas
J. W. (ERABIEE;!
The JewelryGift Center
Plattsrnouth - . .- Nebraska Ti
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