Valentine Democrat. (Valentine, Neb.) 1900-1930, December 30, 1910, Image 5

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    Statutes of Throe States Upiislt
fiy Supreme Court.
&fV &f &
V t High Tribunal at Washington Hands
* . Down a Decision Sustaining -the
3 Laws of Nebraska , Kansas and Okla
homa Guaranteeing Bank Deposits.
1 '
Nebraska , Kansas and Okla *
homa bank guaranty laws decide. ,
Alabama contract labor law hold-
to'be an instrument of coercion.
Panama- canal libel suit cannot
be jnaintained in federal courts of
New York.
Initial carrier of interstate
commerce made liable for losses j
oa other lines. jj j
"Washington , Jan. 4. Justice Holmes ,
ft In the su promo court , rendered a de
cision , in the so called "bank guaranty
casep" Ironi Nebraska , Kansas and
Oklahoma , wherein the constitutional
ity of the legislative acts of these
states was questioned. The Jaws are
sustained by the United States su
preme court.
In his decision in the case of Ashton
C. Shallcnberger , governor of Ne
braska , against the /Jirst National
bank of Holstein , Neb. , on appeal from
the" circuit court of the United States
S fbr".tlie district of Nebraska , Justice
Holmes reverses the decision of the
r circuit court , which was againnst the
The Nebraska su'U was a test case ,
lii which many , batiks of Nebraska
wore interested , hoping to prevent the
Banking board of Nebraska from car
rying out and enforcing an act sim
ilar to the Oklahoma statute. It for
bids banking except by a corporation
formed under the act and provides
for a guaranty fund. The circuit
court held the statute unconstitu
tional pnrt issued an injunction against
its enforcement.
All Thrco LPAVS Upheld.
} The United States supreme court
. Ip-o affirmed the judgment of the
"jbklahoma supreme court in the Noble
JState bank case , upholding the consti-
| ntionaJity ot ' , the state bank guaj >
"antylaw. . _
The Kansas law was tasted "in a
| Tuit brought"by -the Assaria. State
, Uank of Assaria , the State bank of Ax-
-JtP-11 , and other banks. A suit in equity
fwas started to prevent the enlorce-
? ment of the law providing for a banlr
" .depositors' guaranty fund. The cir
cuit court held the Kansas law uncon
stitutional , but dismissed the bill of
complaint on the ground that the ap
pellants did not show that their rights
had been infringed. The ground of
-complaint was that the iaw imposed
certain conditions upon the sharing-
of benefits and burdens of contributors
to the guaranty fund ; that the ap-
* pcllants could or would not contrib
ute , and that unless they did the ef
fect of the law 'would be to deprive
thoi" of their business.
The Nebraska -case was decided on
Identically the same grounds as the
Oklahoma case , and similarly the Kan-
si1. ! : law , though this contains certain
minor differences. The most import
ant of these is that contributions are
not absolutely required.
Police Power Basis "of Decision.
"It 'may be said in a general way
that the police power extends to all
great public ueed.s. " Justice Holmes
StP.toJ. "It will-sei-ve as a datum on
this side that in our opinion the stat
ute bei'ore us is we ! ! within a state's
constitutional power.
"The question that we have decided
is not much helped by propounding the
further one , whether the right "to en
gage in banking is or can be made a
franchise. But as the lalter question
has. some bearing on the former and
as it will have to ue considered in fol
lowing cases , if not here , we will dis
pose of it now. It is not answered by
citing authorities for existence of aright
-right at common law. There are many
r things a man might do at common
law that a state may forbid. He
i might embezzle until the statute cut
flown his liberty. We cannot say that
the public interests to which we have
adverted , and otheis. are not suffi
cient to warrant the slate taking , the
whole business of banking imrler its
control. On the contrary , we are of
.the opinion that it may go on from
regulation to prohibition , except upon
.such conditions as it may prescribe.
"In short , , when the Oklahoma leg's
lature declares by implication that
free banking is a public danger and
t.hht incorporation , inspection tmd the
above described co-opiation are nec
essary safeguards this court certainly
cannot say that it is wrong. "
Justice Holmes said the ronin ob
jection to the laws WHS thnt the us
sessment of the banks of the siaie in
order to creat funds jto guarantee de
poFits in other banks within the state
took private property of one bank for
the private use of another without
compensation. Justice Holmes admit
ted that there might be.a . taking of
private property without return to pay
d < 5htsof a rival failing in business ,
. , but he said there were more powerful
considerations on the other- side of '
Democratic Caucus Names Slat
/ Wiiieh Goes Tfiroogfi ,
Douglas County Man IB Awardei
Clerkship of Hcuse J. H. More
head Elected President Pro Tern , o
Senate and W. H. Smith , Clerk.
Lincoln , Jan. 4. The Democrat
caucus slates were adopted in boti
houses of the legislature , John Kuh
of Cedar being elected speaker o
te house and J. H. MoVehead o
Falls City president pro" tern , of tli <
senate. The only friction occurrec
in the election of Elder James Hoff a :
chaplain in thesenate. . He was op
posed because of his Mormon faith
and Senator Tibbetts nominated Rev
J. B. Pries. The vote was 1C to 15
two senators being absent , 'HoS ! win
ning by one. vote.
In the house the Republicans wen
through the form of a contest by nomi
nating their caucus men , Evans o
Adams for speaker and Clyde Earnarc
of Table Rock , former clerk , lor clue
clerk. } Kuhl , the wet Democratic
nominee for speaker , received 5'
votes to 43 for Evans , three Repub
licans , Nordgren of Hamilton , Howari
of Garfield and Waite of Sherman , be
ing absent. The vote on chief clerl
was 54 for Richmond and 42 for Bar
nard. The house officers elected are :
Spealer John Kuhl , Cedar county
Clerk H. C. Richihond , Douglas
Sergeant. at-Arms J. W. Kelly , Fur
nas county.
Postmaster J. P. Gaffney , Lancas
ter county.
Assistant Postmaster Richarc
Sampson , Seward.
Chaplain Rev. Jeremiah Mickel
Lancaster counts * . '
Senate Officers.
President Pro Tem. J. H. More
head of Richardson.
Secretary W. H. Smith , Seward.
First Assistant Secretary Frani
Perkins of Dodge.
Second Assistant Secretary E. A ,
Walrath of Polk.
Employees W. F. Austin , Polli
county , postmaster ; T. F. Costello ,
Grand Island , sergeant at-arms ; J. W.
Hodges , West Point , assistant ser
geant-at-arrns ; J. G. P. Hildrebrand ,
Lincoln , clerk of the committee oi
the whole ; Rev. Dr. Koff , South
Omaha , .chaplain.IL C. Cox , Brewster ,
The senate named this committee
on committees : Ollis , Morehead ,
Talrott , Hcrton , Bodinson , Kohl ,
Skiles. - -
The committee on employees is :
Banning , Reagan , Talcott , Placek ,
Tibbitts , Lee , Pickens.
The committee on rules : Ollis , Tib
bitts , Albert , Tanner. They reported
the rule of 1909 for adoption , except
ing that thp judiciary committee be
txpanded to eleven members , and the
report carried.
The executive committee of the Re
publican caucus , .Representatives
Mockett , Taylor of Mcrrick and Gus-
tafspn , will act as the steering com
mittee for the minority in the house.
Clear .Way for Option Bill.
The "rlrys" and liwets" in the house
agreed to the following ! : proposal made
by the "drys , " all of which gives coun
ty option the right of way :
"That the county option bill pro
posed , by the county pption Democrats
has the right of way ; that no amend
ments shall be proposed except by the
frk-nds ; that its progress to third
reading shall-r.ot in any way be inter
fered with , and that it shall be made
Ih'e special order at any time when
requested by its friends ! "
Five of the nine Democrats in the
lower house who have been holding
jut came back on the reservation and
the caucus proceeded to name a slate.
They agree.'l to become "regular" in
3xchange for a promise that the initia
Live and referendum bill be placed at
tno head of the calendar and pushed
: hrough with all possible disnatch.
Don't Be Bald
Nearly Everyone May Secure
A Splendid Growth of
Hair ,
* *
We have a remedy that has a
ecord of growing hair and curing
laldness in 93 out of every 100
ases where used according to direc-
ions for a reasonable length of
ime. That may seem like a strong
tatement it is , and we mean it to
; e , and no one should doubt it until
hey have put our claims to an
dual test.
We are so certain Rexall " 93"
lair Tonic will cure dandruff , pre
en t baldness , stimulate the scalp
nd hair roots , stop falling hair andrew
row new hair , that we personally
ive our positive guarantee to re-
and every penny paid'to us for it
i every instance where it noes not
give entire satisfaction to the user.
Bexall " 93" Hair Tonic is ai
pleasant to use as clear spring
water. It is delightfully perfumed
and does not grease or gum th <
hair. Two sizes , 50c. and § 1.00
With our guarantee back of it , yoi
certainly take no risk. Sold onlj
at our store The Bexall Store.
Chapman , The Druggist. .
Geo. E. O'Brien and mothei
and Jake Antes were in to\vn yes
ten ] ay on business before .the lane
Ed Beynold's pocket book con
taining $60 was stolen by his frienc
another operator at Hay Springs
about Dec. 1st. A B. B. Detective
caught him. S. Q. Spain broughl
him down from Cody Tuesday anc
lodged him in jail.
Andrew- and "Will Morrissey
went back to the old home at Li
vonia , N. Y. , to see their young
est sister , May E. , married Dec.
29 , to M. D. Cleary , president of
the Cleary-White Construction
Co. The bridal couple made a tour
of the southern states and go to
California. Andrew returned home
today and Will will come later.
W. M. Plarnan came in from
the bay valleys of Badger lake
and spent Wednesday in our
city on business but found time to
visit a few friends about town and
we acknowledge a pleasant visit.
Mr. Harnan is the postmaster
general of Badger lake and has his
mail brought to him which is some
compensation this cold weather
for keeping the postoffice.
Dave Dunn and wife arrived
home this morning from a six
weeks' visit witb friends and rela
tives in Illinois. They're looking
and feeling well though a little
tired from their long ride. They
stopped five days with our old
friend John Britt at Hopkinton ,
Iowa , spending very pleasant time
with them. Mr. Dunn thinks he
will go back again in two or three
Miss Cora Thackrey today took
her oath of office and began her
duties as superintendent of Cher *
ry county schools.l Miss Thack-
re.1 ? . was a'candidate for the nomi
nation a year ago last summer , but
through a strange combination of
circumstances failed at the pri
mary and dropped out. This time f
each candidate had to go on thei
ballot by petition and Miss Thack
rey won out by a good plurality. '
J. F. Nay lor , the county com
missioner " of Merriman ,
down Tuesday evening and took
his oath of office and began his
duties today. Jas. Mone , the re
tiring county commissioner , carce
down from Cod.v and Wednesday
dosed up the work of "his1 three
years in office. Mr. Mone is en
titled to the gratitude of Cherry
county people for his faithful ser
vices and they freely speak in un
stinted praise of him.
Prosperity Valley.
Carl H. Meyers is spending his
holidays hauling coal and hay.
After an absence of iime we
note the doings of the Valley once
Wm. Beamer and wife made a
business trip to Valentine last
Miss Alma Johns of Gordon is
spending her vacation with Wm.
Beamer's folks.
James Beamer went to Newton
last week to visit his cousin , Mrs. ,
Clhas. Webster.
Wm. Arnold and wife spent
STew Years at Mr. and Mrs. M. F.
Johnson's in Gordon.
Herman jVIathis and wife spent
Sew Year's Day with Lauren Case
ind wife on Lavaca Flats.
Mr. and Mrs. George Beamer
ivent to Newton last week to spend
tfew Years with Chas. Webster
ind family.
Acy Boberts returned from the
Pacific coast last week contented
o take his chances in good old
Wm. Spann and wife , who have
> een spending the holidays with
Uvin Thayer , returned Tuesday
" * - 7- " ' * 3 15Riy r r - " ? ' > J
"V- ' ; " * * : A5 * ar5 v
-.V' . , & * ' * & _ '
* *
* * " * " ' " ' * All Leading
' * < * "i j-
Old Crow , , - *
. t
Hermitage V Brands
* fiB a
afe : , - . zifswRwi Bottled :
Whiskeys."V * Under the-
Heimer Supervision * - ,
Rye of the
Whiskeys. U. S. GOY.
We also handle the Budweiser Beer.
to their home at SpriDgview. ,
Prank Post , who .is staying : a
George Beamer's , . received seriou ;
injuries while butchering whicl
necessitated medical aid. He wen
to Gordon last Saturday and a
this writing is getting better.
Peter C. Peterson , 'who has beer
under the doctor's care for tin
past two weeks , is now out at Johr
Campbell's and is getting along as
well as might be expected. Ilij
mother and brother were sent foi
"Whew , " but wasn't New
Year's Day a dandy to start things
by ? It was by far the worst day
the Valley has seen for some years.
The thermometer was " the lowest
during the whole day of any „ day
in 12 years. On the morning of
the 2nd the thermometer stood at
33 ° below zero , but on the 3rd a
soft wind came from the south
west and cheered things up.
St. Nichols Church.
Services will be held at the
Catholic church as follows :
In Valentine , on Sunday Jan.
1st mass at S a. m.T
2nd mass at 10 a. rn.
Benediction ot the Blessed Sac
rament after mass.
Instruction for the children at
3 p. m.
In Crookston on Sunday , elan.22.
f Rector.
your clean
ing work in
the kitchen
o u t the
in handy sifter can
keeps the house and
everything in it spick
and span with half
the time required
with old-fashioned cleaners.
For porcelain ware and on the
bath tub. Old Dutch Cleanser
is the one safe cleanser to use.
The New
Better Way
Sprinkle Old
Dutch Cleanser oa
a wet cloth , rub
well , wipe with a
dean , wet -doth.
Takes off all discoloration - '
coloration and
scum and will not
scratch. Use it
for all your dean-
ing. The one
best deanser for
the farm.
District Court Calerrdai
J. J. HARRINGTON , ; O'Neill
J. D. SCOTT , - Knshvillf
C. 13. SCOTT , - O'Neil
There's No Risk ,
If This Medicine Does Not
- Benefit You Pay Nothing.
A physician who made a specialty
of stomach troubles , particularly
elysoepsia , after years of study per
fected the formula from which Eex-
all Dyspepsia Tablets are made.
Our experience with Rexall Dys
pepsia Tablets leads us to believe
them to be the greatest remedy
known for the relief of acute in
digestion and chronic dyspepsia.
Their ingredients are soothing and
healing to the stomach. They are
rich in pepsin , one of the greatest
digestive aids known to medicine.
The relief they afford is almost im
mediate. Their use with persistency
arid regularity for a short time
brings about a cessation of the
pains caused by stomach disorders.
Pvexall Dyspepsia Tablets wHl in
sure healthy appetiie , aid digestion
and promote nutrition. As evi
dence of our sincere faith in Eexall
Dyspepsia Tablets , we ask you to
try them at our risk. If they do
not give you entire satisfaction , we
will return you the money you paid
as foi them , without queBtion or
formality. They come in their siz-
32 , prices 25 cents , 50 cents and
pl.CIO. Bemember you can obtain
them only at The Rexall Store
Chapman , The Druggist. '
Presbyterian Church.
Preaching morning and evening.
Sabbath School , Junior and
Christian Endeavor as usual.
All cordially invited.
Fine Rooted Trees
That Grow.
- >
Acclimated and varieties adapted
to Northwestern Nebraska.
Prospects are for good fruit
irop next year. Trees are full of
Tuifc buds now.
Buds are formed in August of
.his year for next year's crop.
If ground is dry now give your
foung trees bucket water each.
Catalog "upon request.
T. W. CRAMER , Local Agent ,
Valentine , Nebr.
Boyd Nurseries and Fruit
inswortfy - / Nebraska
A Safe ,
Simple System
The system of paying
by chec'k was devised
by all men- for any
man for you. It is
suited to the need of
any business , either
large or small. It makes
no difference whether
we pay out $10 or $10000
a month. A checking
account will serve your
Pay by check , the
method puts system in
to your business and
gives you a record of
every transaction.
The Chicago House
JIM FELOH , Propr. - '
* "
Call-onme for rooms.jmd
lodging. '
Valentine Nebraska
Loup Valley Hereford . Ranch ,
Herd headed by S. C. Columbus 17 ,
No. 160050 , and Climax 2 , No. 289-
822 ; also , Melvin , No. 327,072 , reg ,
Bulls for Sale at All Times.
U. S. Weather Bureau Report
WEEK ENDING JAN. 5. 1911. .
Daily mean temperature 12.3
" Normal temperature 19 °
Highest temperature 51 ° . . '
Lowest temperature ° .
Range of temperature 75 = .
Precipitation for week 00.7-4 of an inch. . -
Average for 22 years 0.14 of an inch.
Precipitation March 1st to date 1C.2S inches
Average for 22 years 21.42 of an inches.
JOHN J. MCL.EAX. Observer.
Dr. M. T. Meer ,
Rooms over Red Front store
Valentine - Nebr ,
W. H. Stratton
Dealer in
General Merchandise
3or. Hall & Cath. Valentine , Nebr.
i Drayman
Light and Heavy Draying"
Furniture and pianos handled
in a careful manner. Coal
hauled and trunks and grips
t a specialty. PhoneNo. . 48.
The quicker a cold is gotten rid of the
ess the danger from pneumonia and
> ther serious diseases. Mr. B. "W. L.
Hall , of Waverly , Va. , says : I firmly
) elieve Chamberlain's Cough Remedy'
o "be absolutely the best preparation on
he market for colds. I have recom-
nended it to my friends and they all
igreewith me. For sale by .Chapman ,