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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 2, 1910)
lllH OMAIJA SUNDAY BEK: JANUARY 2. lf10. ONE YEAR OF AVIATION F Flight of Bleriot Across English j Chnnnel is Distinctive Feature. ' TARMAN MAKES LONGEST TRIP! :nallhman' Feat of 114 Mile at 4 balnns, France, In frplr mlirr Minn the MU-brlin . NEW VOIIK. .Ihm. I.-Tlip fliKlit in an aeroplane over Ihe English channel by Louis Bleriot has marked Hip year as a milestone In the conquest of the; elements by man comparable only to the first trials of Stephenson in the Rocket on vails j end of Fulton in the Clermont on water. Yet In measuring the strides of aviation In the year HW. It la noteworthy that, for other working demonstrators of the art, a distinguished from a skeptical public, Blerlot's had a special significance. He had surpassed In distance, altitude and peed by both heavier-than-alr flyers and pilots of dirigible balloons. On November 3. Henry Farman of England, covered a little over 232 kilometres (144 miles) In four houis, seventeen minutes, thirty-five sec onds, at Chalons, France, and thrrcby won the Mlchelin cup. On December 3"), De La Orange of France covered 2U0 kilometres (124 miles) In two hours, thirty-two minutes or at un average speed of 78.9 kilometres (4S.9 miles) an hour. For altitude Hubert Latham of France holds the official record. Exact measure ments are difficult of attainment and he is variously credited with an elevation of S00 metres (about 1,000 feet) and S50 metres (about 1.S0O feet). Orvllle Wright, In an unofficial flight at Potsdam, Germany, is aid to have reached the same height, and Louis I'aulhan rose to a height which he. believed to be K0 metres, or nearly 2.W) feet. Orvlllo Wright holds the record for duration of flight with a passenger. On Keptember 18 he flew for one hour and thlrty-flvo minutes With Captain Knglc hardt at Berlin. The cross-country record was miido on tho last day' of tho year by Maurice Farman of France, who flew seventy, kilometres (.43V4 miles) from Char tres to Orleans, In one. hour, flat. The year laOK In aviation wns further notable for tbo flrHt International aviation meet ever held. In this meet, at Khclms, France, Glenn II. Curtlss won tho Gordon Bennett cup by covering: twenty kilometres (12.42 miles) In 15 minutes, 50 seconds. In the same meiet Bleriot covered ten kilometres In 7 minutes, 47i seconds All other distances from forty to -160 kilometre were won by Latham of France. Jhe achievements of the dirigibles, though less stimulating to the Imagination are larger on pnper. All records for dis tance, duration and altitude are held by Count Zeppelin, will) his monster airship. The Zeppelin 111. On March 13, he at- tained a height of 5.300 feet and on May 2 he covered 870 miles Jn thirty-seven hours. iffct'OKD FOll A INOTHER FARMAN S Maurice Makes Longest ( rom-toontry FliKht. CHALONS BUR MAlt.NE, Jan. l.-The Mlchelin cup fur duration and distance covered in din air In 1MM goes to Homy Farman, tho English aeronaut, who on No vember 8 established a since unbeaten rec ord of 144 miles In four hours seventeen minutes and thirty-five seconds. A keen ktruggle for the prize ended ut sundown. Friday M. Do I.e. Urungemade 124 miles In two hours and thirty-six minutes, Latham also tried to beat Farman's record and the competition was continued today, arousing great Interest. Farman was pies. ent, prejwred to make another flight if hla record was broken. The flight of 2"0 kilometers (124 miles) made yesterday at Hhelms by M. De La orange was the nearest approach to Mr. Farman's record. This distance was nego tiated In two hours and thirty-two minutes. At Mourmelon Le Grand today Hubert Latham, M. Legagneux, Mr. Farman uud the KngllHhmuu Singer had their machines tuned tor a supreme test and engaged In a spectacular context. Latham hud poor luck, his motor falling him at the end of a flight of about fifteen miles, and on later attempts acting badly after short spins. Legagneux and linger also were able to make only short distances. This left Farman tho master of the Aerodrome and he flew eighty-two miles In two hours, and seeing thai, his record hud not been equalled, he voluntarily descended. At 1'au. M. Leblane won the Archdeacon cup, which was held by tho late Ouptaln Ferber. who wus killed by a fall from his leroplnne at Boulogne in September, At lssy the crowds applaujcd the ptc luresque flights of a Miss Dutrleu, who piloted a tiny Santus-Dumont monoplane. The Mlchelin trophy is given by M. Mlche In, a wealthy member of the Aero club if France, and consists of a beautiful prise ind $32,000, to be competed for during a POLAR WEATHER And Cuticura Ointment in dispensable. For winter rashes, eczemas, frost-bites, chapnings, red, rough faces and hands, and as winter . emollients for preserving, purifying and beautifying 1 the skin, scalp, hair and hands, Cuticura Soap and Cuticura Ointment have no rivals worth mentioning. Guaranteed absolutely pure and may be used from the hour of birth. Hold ihroactiout th world TVnoti' I nnAn u 4 Aotin: Auatralt It. ovm A , Sydiwr: luuu.. t n ri'ii. t tcun; i runa. iimi lru i: i pao Vftru, l id . lotto; Nv Afrit. I .,non. t . Cf 1 fftf V A.. Pi4tr htinr A i h.m CUTICl'RA SOAR Wonderful ClearingSale of I'Ji nter Goods s COMMENCING MONDAY, JAN. 3 We have marked all Win ter oodH at such extremely low prices It will pay )ti to supply your wants for next winter, as they will never be offered as cheap again. Men's hand tailored Suits and Overcoats, wonderful values, at $10.00 Men's Pants, well made $1.00 Men's and Young Men's Peg Top ' Leather Cuff, Corduroy Pants $3.50 value, at ...$2.50 Men's Hat Caps, fur ln band, worth to $1.50 . 40 Men s Leather Caps, fur inband, 7Dc values, at 392 Phoenix Mufflers, always 50c, now, at 39 Fleece lined Underwear, worth 50c, at 25 Men's Dress Shirts, 50c and 75c quality, at 25 Sweater Coats, In up-to-date colors, at 39 Wool Hose 15 Corduroy Shirts, worth to 2, now, at 9 Boys' Heavy Fleece lined School Hose, 15c values, at ....) Boys' Heavy Fleece Lined Un derwear, at 252' Boys' Suits and Overcoats, ex ceptionally good values, now at, each $1.89 Guarantee Clothing Co. icin t i n. I - in 'High Quality at a Low Price" Bam period of eight vears. Each year the trophy and U.000, or one-eighth of the cash prise. goes to the aviator making the longest flight In that year. The trophy was offered first In 1908 and waa won by Wilbur Wright. Fox Released by the Pirates Pittsburg Decides He Isn't Needed and Will Let Him Play Again with the Rourkes. PITTSBURG. Jan. l.-(8peclal Tele gram.) The work of redlining the Pirates' squad was- -continued today, when it was announced by President Barney Dreyfuss that William H. Fox. a second baseman, hud been sent back to the minors. Fox w.ls drafted from the Omaha club of the Wefetern league and he Is returned to this team again. His release leaves but two second Backers on the Pirate roster, Jack Miller, the youiiBBter who performed so sensationally last year, and Edward J. Abbatlcclilo, the veteran guardian of the keystone station, whom he supplanted. With two such classy performers, however. Manager Clark de cided Fox wns not needed, although the yourgster showed up well with Omaha lust season. supplanted. With two such classy per fcrnieis. however. Manager Clark decided Fox wasn't needed, although the youngster showed up well with Omaha last season. GOTHAM TO HAVEA DOG SHOW i MudiMon innr (iarilrn Nrcnml for the It I ar Kvrnt. NEW YlJUK, Jan. 1 The Westminster Kennel eiub will hold its thirty-fourth an nual show ut Madison Square garden' on February it, 10, 11 and 12. Janus Mortimer will have charge of affairs again this year and the other day made known his list of Judges. This year they will be twenty-two in number and include the most expert dog people In America. Entries for Uio show close on January 20, with James Mortimer, Ml Townsend building, 1123 li road way, this city. The Judges: Miss A. 11. Whitney, Lancaster, Muss liloodhoiindH, St. Bernards and Pugs. U. Mass-Arnolt. Tuekuhoe, N. Y. Oter hounds, Cireut Imnes, Kelritvers, Chows, Sen 1 1 perkes, liriffoiis, Uroxellois and tile liiiHeelhineous class. .1. K. 1 Mund. M. I).. HetiHonhurst. L. 1. i iri.ili Wolfhounds. Scoltlh Deerhouuds. Ori'.v hounds uud F.sklmos. v J. P. Hoijuet, M. 1)., New York Russian V lf hounds. Clement J. l'routy, Siituate, Mat. American Foxhounds. A. Henry lllgglnsun. M. F. 11., South Line iln, Mass. English Foxhounds and Enlivli Foxhounds. Packs. Auct.ll 11. Ball, Water Mill. L. I. Point ers. A. F. llochwall. Dayton,. O. English, L. Farewell, Toronto, 0nt. SuortliiE Spaniels. tteorge F. Iteed, Mm tun, Vt. Beagles. Joheph Uruetle, Westwood, N. J. Ltac'ns hunds. William C. Hunter, Chambersburg, Pa Collies. E. M. Oldham New York Old English Sheepdogs. Whipix'U, Poodles, Scottish Terriers. West Highland White Terriers, Black slid Tan Terriers, Pomeranians. Theodore Crane, New York I tjlmattans Ettwin L. lloger. I'ltilsdelphia Bulldogs. W. F. Reeve, Moorestovyu, N. J. Aire- U.nr. ciiiria, Clair Fotter, Terriers. I)ougla.ton, L. I. Bull Andiew Albright, Jr French BulldoKS. Eatontown, X. J. M. F. Mulrahy, Peahody. Musa.-Fox Ter riers, lriHli Terriers. Welch Terriers. F. 8. Sternberg. Brooklyn English Toy Spaniels. Japanese and Pekinese. James J. Lynn, port Union, Mich. Fox Terrieis. Irish Terriers, Welch Terriers. Mrs. M. Thorpe, New York Yorkshire Terriers. Malt.se Terriers. Toy Poodles. Toy Hlark and Tan Terriers and ChihuohuHs. Wouiis Stated from Mob. tlREENl'P. Ky Jan. 1 Fearing in.ih vlolencn by enemies or attempt at rescue by friends, officials of this citv took Mis. Sarah K. HlKgins of Portsmouth. (, who Im chanced Willi the murder of William Culbertson, a railroad man, at Ful'ertou, 1 f r:"E f . iv.'.l-'-;:-- itliiv;-Sii,-r- .1,1 Beginning January IN ALL THE MEN'S SUITS regular value up to $37.50, nothing reserved. The greatest line of clean, up-to-date suits ever shown at the price. All the business Suits, all Dress Suits and Tuxedos at one price Here's Yout Opportunity to Get the highest Class of Ready-to-Wear Clothing At a Price Which Represents but a Small Part of Its Actual Worth v 1 2,746 PAIRS OF MEN'S PANTS regular sell ing prices up to $0.00, will price Monday, choice REMEMBER, this sale starts promptly at 8 a. m. Monday, January 3d nothing reserved the get first choice of 4jie choicest Suit and Overcoat values ever offered in Omaha. ALL WINTER STOCK MUST GO TO MAKE ROOM for NEW SPRING GOODS Ky last July, to Cattlettsburg today for safe keeping. EXHIBITIONS BY HAMILTON Cartlsa Machine Makes Eight-Mile Circle In Twelve Minutes. KANSAS CITY, Mo., Jan. l.-Charles K. Hamilton, In u Curtlss biplane this aft ernoon, made the record flight of his series of exhibitions at Overland park, near here. Starting down the field at about twenty eight miles an hour, he rose gracefully into the air and flew due north for nearly two miles. Making a wide turn to the west that carried him out over nearby farm houses and out of sight behind the distant trees he turned toward the aviation field again and swept towards it at about forty miles an hour. The biplane passed over the field and off to tho southeast, made another turn to the north, disappeared behind a clump of troes, turned again toward the park whera the spectators were gathered, and, rising to an altitude of 250 feet, swept over the trees and toward the crowd and landed easily almost at the starting point. The flight lasted twelve minutes and covered in all about eight miles. The spectacular flight followed three previous attempts to circle the aviation field. On all these attempts, however, Hamilton was forced to land while making the final turn. On the first at tempt the machine landed heavily on one of the rear wheels and knocked off a tire. The tire, however, was soon replaced. SUPREME COURT SYLLABI ir.Tsl. St?te on complaint of Everson against O'Kourko. Appeal from Hougias. Aitirmed. Hcese, C. J, 1. Evidence of the unchabUty of a com plainant in a bastardy proceeding, outside the period of gestation. Is irrelevant to the issue presented for trial. 2. By section 6, ch. Si, CompllecPStatutes, V.M, it is provided that at the trial in a bastardy proceed. ng "the examination be fore tile Justice snail be given In evidence." Whether it was the purpose of the legisla ture to require, or Parian, Hit examination 111I..U i.I' wvlrli ,it- li'lifrtu r iiitt 11 w wllnin the discretion of the district court to pass upon and deelce as to the compe tency, miiLeriauty or reievancy of the evi dence taken oefore ihe juscice of Hie jieace. iiuaere. 3. Under the rule stated In Johnson against Johnson, si Neb. liu, 110 N. W. 323, 11 is held that an instruction to the trial Jury it a witness had knowingly sworn falsely to any material matter, they might, it they saw fit to 110 so, disregard all his testimony "except such portions as are corroborated by the testimony of credible witnessesj' la not prejudicially erroneous by reason of the statement of the excep tion. Borche- against McUuire. Appeal from Cuiuuig. Aitirmed. ltte.se, C. J. 1. The final settlement of a guardian with his ward, mai'to lih the proper court, after the ward has attained his majority, where full disclosures of the acts of the guardian have ueen made and the facts are known to the ward, the ward has accepted and receipted for his distributive share of the estate In the hands of the guardian and re qutsted the discharge of tue guardian, Is, in the absence or Hand or misrepresenta tion, a ratification of his acts. 2. In such case the knowledge, of tho ward that a portion of the funds received by hlni was the proceeds 'of Ui sale of his land in partition proceeding would be a ratifica tion and affirmation af such sale, and It would make no difference whether the par tition proceedings were regular, voidable 01 void. 157U3. Stanser against Cather. Appeal from Webster. On motion for rehearing, motion overruled. Per curiam. liTSi. Chrlslensen against Omaha & C. B. St. By. Co. Appeal from L-ouglas. Af firmed. Dean, J. 1. Whire the evidence would sustain no verdict except that rendered by the Jury, assigned errors 111 giving or refusing in struction may be disregarded on appeal. 2. A motion ft" n new trial on the ground if newlv discovered evidence is addressed to the sound j.idlclal discretion of the court and will not be -overruled unless a ciear hnn of dlHcretlon Is shown. The evidence examined, discussed in the opinion and held sufficient to sustaiu the veidlct of the Jury. 11802. Kutch against Kutch. Apts'ul from Hamilton. Reversed and remanded. . Dean, 1 1 1.1 oih.n brought to annul a mar- rlaire on the ground of traud the burdctn 1.. .... kj. nlatiitlff to establish the fraud ,1-ell.d upon by him to effect the uniiul i The evidence 'examined and discussed in the opinion; held, Insufficient to sustain the Judgment of annulment of tho inar ilage. , M lofrtt. Clow against Smith. Appeal from Franklin. Affirmed. Hoot. J. 1 In bastardy proceedings, defendant a vdie having testified to facts lending to prove that about the time plaintiff became pregnant she aa intimate with a man The Clothing Bargain Opportunity of a Lifetime Monday, January 3d Of Clothing -Clearance ITU YOUR UNRESTRICTED CHOICE OF WM'S OUR ENTIRE STOCK-ALL go at one (H tlfl ystiUU OONT FORGET other than defendant, the trial court did not abuse its discretion in permitting plain tiff's counsel on cross-examination to ask the witness whether she believed that man to be the father of the bastard child. 2. The chastity of the prosecutrix at the time of the trial is not an issue in bastardy proceedings and testimony concerning hot" reputation In thai particular Is Irrelevant, but if she Is permitted to introduce tes.l-n-.ony to prove that reputation the error Is without prejudice to defendant. 3. In sOc'ii proceedings the jury should not be instructed that ihey should consider whether or not, at or about the time ths prosecutrix became pregant, she associated with men other than defendant under such clrcumstarces as to make It possible for her to have had sexual Intercourse with them. 4 A judgment for the prosecutrix In bastardy proceedings will not be reversed because the court informed the Jury that her uncorroborated testimony mav be sutfi c!t nt to sustain a verdict of guilty, where they are furflier Instructed concerning tho burden of proof, the duty of the Jury to compare her testimony at the preliminary examination with that given before thorn, and the law of the oaae is given In other Instructions as favorable to defendant as the facts In the caaa warrant. 15806. Sowerwlne against Central Irriga tion District Appeal from Scott's Bluff. Reversed and dismissed. Fawcett, J. 1. "An order of the county board estab lishing and defining the boundaries of an Irrigation district In pursuance of the pro visions of section 2, article 8, chapter 3a, Complied Statutes (Annotated Statutes, 6823), Is conclusive, at least In a collateral proceeding, on the question whether the lands Included therein will be benefited by Irrigation by the system therein contem plated; allter, on Ihe question whether any of such lands cannot, from some natural causes, be Irrigated thereby." Andrews against Lillian Irrigation District, Art Neb.. 161. 2.. "After an Irrigation district has been duly organized, the statutory procedure prescribed in said chapter for detaching lands, other than those which cannot from some natural cause be irrigated, is exclu sive." Ibid. 3. In a case appealed to this court upon the special findings of the trial court, this court cannot add to or take from tho lan guage of. the trial court or enlarge the scope of its findings. 4. Where the owner of land proreuds in equity to have the same detached from an irrigation district, in order to defeat the jurisdiction of the county board, it must be clearly shown, and In like manner found by the court, that the land embraced within the district is In fact such, that from some natural cause It Is non-irrlgable, or is ex pressly exempted by statute from the op eration of the law providing for the organ ization of irrigation districts and the tax ing of lands within the boundary of such district for irrigation purposes. 158117. McCartney against Hay. Abbeal from Lancaster. Judgment of district court reversed. Barnes, J.; Rose, J., not sitting. In habeas corpus to secure a release from the asylum, brought by one who has bean found to be a dlpsomaniuc. his unsuDborted oral testimony that he had not been given a hearing is Insufficient to overthrow the recitals of the warrant or commitment. Darr & Spencer against Kansas City flay Company. Affirmed. Appeal from' Dawson. Letton, J. The findings of fact in a law action, tried to a court without the intervention of a Jury, are entitled to the same weight as the verdict of a Jury In a like case. 1DST0. MeCook Water Works Company avainst Olty of McCook. Appeal from Red Willow. Plaintiff's action dismissed with out prejudice and as thus modified Judg ment of district court affirmed. Rose, J. 1. Where a city. In the exercise of power delegated to It by the legislature, enacts an ordinance fixing the rales which a pub lic service corporation may exact for water furnished to consumers, a court of equity should not Interfere with the enforcement of the ordinance ' before there has been a fair trial showing the practical results of lis actual operation, unless the rates are clearly confiscatory. 2. Rates which a public service corpora tion may. exact for furnishing water to a city and its Inhabitants are presumed to be lawful and reasonable when fixed by an ordinance passed In the exercise of legisla tive power. 3. A public service corporation engaged In the business of furnishing water to a city and its inhabitants must make a full disclusuie of the value of the property de voted to that purpose and of Ita earnings and expenses, when it assails aa confisca tory rates fixed by ordinance. lihT2. McCollum against Central Granaries Company. Appeal from Harlan. -Affirmed. Root. J. Where conflicting testimony has been fairly submitted to a Jury in an action at law. a new trial will not .be granted If there is evidence sufficient to sustain the verdict, although this court might have found otherwise from a consideration of all of the evidence. 10S74. Uardluer against City of Omaha. Appeal from Douglas. Affirmed. Rose, J. 1. Section 2u0, chapter xli-a. Compiled Statutes of Its, the curative act authoriz ing clues of th metropolitan class to re AY u THE RSUABLE STORE SUIT OR 01 BLACKS, BLUES, FANCIES FOR DRESS OR BUSINESS WEAR 1,867 BOYS' KNEE PANT SUITS that sold reg ularly up to $G.50 all sizes, all prices, Pj n go in this sale, choice yfagUU TRY HAYDEU'S FIRST 1 assess void special assessments levied un der the charter of 18U7, Is not void as class legislation, because It excludes from Pis operation void assessments levied under former charters. 157H4. Miller against Chicago. Burlington & yulncy Railway company. Appeal, Cus ter. Affirmed. Fawcett, J. 1. "A common carrier of live stocky can not, by contract tvfth a shipper, relieve It self, either In whole or In part, from liabil ity for Injury or loss resulting from Its own negligence." Chicago, Rock Island & Pacific Railway company against Witty, 82 Nebraska 27&. 2. The acts of congress examined and re ferred to in the opinion, held, not to In any manner supersede or amend the rule at common law wltn reference to the liability of a common carrier for its negligence In the transportation of property by interstate shipments. , 1624 Luther against State, Error from Harlan. Petition in error dismissed. Root, J. 1. When the district court a 1 -Besses a fine in a misdemeanor esse, it may, in Its dis cretion, order the defendant to remain In the county Jail until tho fine and costs are satisfied. If no such order is made, the clerk has authority to issue an execution commanding the sheriff to collect the fine and costs upon and a sale of defendant's goods and chatte s, and for want thereof, to levy upon defendant's body and commit him to the county Jail there to remain until tlrS"fine and costs shall be paid, secured to be paid, or otherwise discharged according to law. . 1G377 Carton against City Savings bank appeal, Douglas. Affirmed. Barnes, J. 1. Where, on an appeal from a directed verdict In favor of the defendant In a per sonal Injury case this court has held that the cause should havo been submitted to the Jury on Its merits, and the evidence upon a second trial is piactlcally the same as on the first trial, upon a second appeal such holding will be treated as the law of the case; and error cannot be predicated on a refusal of the trial court to again instruct the Jury to return a verdict for the de fendant. 2. In such a case It cannot be urged that the evidence Is insufficient to sustaiu a verdict for the plaintiff. 3. An unnecessary or inappropriate In struction Is not a-ground for reversal un less it Is shown to have worked an Injury to the rights of t'ne complaining party; and where It is apparent that thu giving of the Instruction was not in any manner pre judicial to the rights of such party, the giving of such an Instruction will be held to be error without prejudice. 4. In a personal Injury case where the plaintiff has Introduced substantial evidence showing that the Injuries complained of are of a permanent nature. It Is not error to In struct the Jury that "The plaintiff Is en titled to recover for physical pain and men tal suffering, If any, which the evidence shows she has endured, or which It Is reasonably certain for the evidence she will endure In the future as a natural and direct result of such injuries, taking into consideration the age of the plaintiff at the time the accident happened and her rea sonable exnectancv of life." 5. Other instructions examined, discussed In the opinion and held, to have been prop erly given. 6. Where the trial court has, upon his own motion, properly Instructed the Jury upon all of the Issues Involved In a case It Is not error to refuse additional Instruc tions requested by either party. In re 1. J. I'unn. motion 10 vacate oruei of debarment overruled. Reese,, C. J. Dean, J., dissenting. 1.. "Where an offense in the nature of contempt is committed In the presence of tho court, notice to the offender is not usually esseiftial before punishment (7 Wallace, 372); and It Is Immaterial, where the contempt consists In the usa of of fensive language, whether It be spoken openly or presented to the court In printed or written argument. (19 Howard, 13.-1" In re Wooley, 11 Bush (Ky.) SC. 2. "A petition tbrtefi for a rehearing Is not a Dleadlng.. but n argument ad dressed to the court and the Individual members of the court; and to Incorporate loto such argument contemptuous, scan dalous, or Insulting matter. Is to commit in open court an act constituting a con tempt on the part of the attorney." Id. 3. Where the matter spoken or written Is of itself necessarily contemptuous, of fensive or Insulting, the disavowal of an Intention to commit a contempt or reflect upon the court or any member thereof cannot Justify the art. although It may be considered as tending to excu.se, and In mitigation. 4. The power to punish for contemptu ous. Insolent or insulting conduct or lan guage is inherent in every court having common law Jurisdiction, without any ex pressed statutory authority. "The right of self-preservation Is sn Inherent right In the courts, not derived from the legisla ture, and cannot be made to depend upon the legislative will." In re Wooley, 11 Bush (Ky.) 95. 6. "An open, notorious and public Insult to the highest judicial tribunal of the state, for which an attorney contuma ciously refuses In any way to atone, may Justify the refusal of that tribunal to recognize him in the future as one of Its officers; and In a proceeding against him for contempt, if the contumacy be therein Beginning Monday, January 3d lialJyu January Clothing Clearance OUR ENTIRE STOCK OF MEN'S OVERCOATS Tho season's best styles, fabrics and colors, both plain and fancies. All the Ilaincoats, all the Topcoats values up to $40.00 at the one price. 1,273 PAIRS BOYS' style, that sold up to in one biff lot at. tmir best values will go first, so make it V NO WINTER RIED OVER PAYO manifested, there is no reasom why the order revoking his authority until he does comply with tho reasonable requirements of the court may not be made. ' Id. 6. Under a citation to an attorney of this court requiring him to appear before the court on a day and houdesignated to show cause why he "should not bo dealt with for contempt on account of the lan guage contained In" a brief In support of a motion for rehearing, filed In the office of the clerk of the court, it Is within the Jurisdiction of tho court to Indefinitely suspend such attorney from practice. ' 7. A part of the language used and pre sented In the brief referred to Is set out in the opinion and It is held to be the duty of the court to take notice of the same and to apply the required disciplinary penalty. . 8. The Judgment of suspension was made ''Indefinite," as stated from the bench. In order that if at any time respondent made the necessary retraction and explanation to relieve and remove the contemptuous quality of the language used the Judgment would be vacated and the suspension re moved, 110 Intention of permanent disbar ment or even of a suspension for a definite time being intended. I'ntll such time as respondent makes the proper und usuar amends, the order will stand as made. Burrowes against Chicago. Burllnston & Qulncy Railroad company. Reversed and remanded. Barnes. J. Snyder against Collier. Reversed with directions. Root, J. Wentz-Bates Mercantile company against Union Pacific Railroad company. Reversed and remanded, rawcett, J. Warner against Sohn. Affirmed. Rose, J., Reese, C. J., dissenting. . Motzger against Royul Neighbors of America. Appeal dismissed. Per curiam. Wutkins against Smith. Affirmed. Let loo. J., Kawcett, J.. dissenting. Tate & Khrhardt against Loney. Re versed and remanded for further proceed ings. Root, J. state ex re! Jackson against Wilson. Affirmed. Rose. J. Langenfeld against Union Pacific Rail road company. Reversed and remanded for further proceedings. Letton, J. Sewa'.l against Whlton. On motion to dismiss motion sustained. Per curiam. Holmes against State. Reversed and re manded. Barnes, J. Boddeo against State. Reversed and re manded. Barnes. J. Vogel against liawley. Affirmed. Dean, 3. White against McCulluugh. Reversed, license cancelled. Reese, C. J. Mercantile Incorporating company against Junklu. Affirmed. Root, J. State ex rel Buchee against Whitniore. Writ allowed. Root. J. Following are ru lugs for motions for re heurlngs: Hurkel against Norton. Overruled. Kyle against Chicago. Burlington Si CJulncy Railroad company. Overruled. Loosing against loosing. Overruled. Nllson against Chicago. Burllni'ton & Vulncy Railroad company. Overruled. O'Shea against Bruenig. Overruled. Fruit Dtspaah company against Ol.lnskv. Opinion modified. Motion for rehearing overruled. , . Voung against fRohi hough. Oral argu ment ordered on motion for rehearing at second sitting in January, 1SI0. Bliigaman against Bingainan. Overruled. Heck man against Lincoln Northwestern Railway company. Overruled. Wilkinson agelnst Lord. Overruled. l-'roinholx aaalnst Met la hoy. Overruled. State ex rel Love against Cosgrove. Over ruled. Following - are additional miscellaneous rMcClanahan against Chamberlain. Motion of appellee. Florence M. Dew, for exten sion of time to file briefs sustained; al lowed until December 29, 1909. Hargloroad against 1 .. ti ac w rt- co. Stipulation to dismiss allowed; appeal dis missed at costs of appellant; mandate to issue Insianter. liumiv against Nye-flchnelder-Fowler Co. Stipulation allowed; appellee allowed till February 1. ltd", to serve and file answer briefs; appellant allowed thirty days there after to file, reply briefs. Aurora Slate Bank against Paves-Eames Elevator. Stipulation In re briefs allowed; clerk directed to enter taxation for appel lant briefs. peck against Garfield County. Applica tion of appellant for additional time to file briefs allowed; time extended to Jan uary 10. liilO. . "I never knew sveh a girl for energy and activity alwuvs doing something. What has she on hand now?" "I believe It Is a diamond engagement ring." Baltimore American. COAT L KNEE PANTS, straight $1 will be closed . C .' I3U a point to be here early and GOODS WILL BE CAR- INTO NEXT SEASON BAILEY & MACH DENTISTS Best equipped dental office In the middle weiL Highest grade dentistry at reasonable prices. Porcelain fillings, just like the tooth. All Instru ments carefully sterilized after each patient. T1IIU1) PIX50B JPAXTON BLOCK Cor 16th and Fnruaii Sta. A Woman's We sell a "woman's shoe for $3.00 that is equal in every way to most of the shoes known and sold as $o.50 shoes. There is as much style to them; they fit as perfectly they feel . as comfortable, they look as well, and they wear as" long. There is no ot shoe sold for $:5.00 that compares with them in style, fit or wear. They are the best there is for the price and are good enough for anybody. See them. FRY SHOE CO. THE SHOKB S. ICth ind loi:laf Streets. HYMENEAL fechapback-lfardlu. HUNTLEY. Neb., Jan. 1. tSpedal.) Miss Minnie Hardin of this city, a prom inent teacher In the public schools, was married to K. A. Schupback. a prosperous farmer of Khlckley, Neb., at the home of the bride's parents, Mr. and Mrs. James P. Hardin, at high noon yesterday. In the piesence of fifty friends and relatives. Rev. O. M. Burnett, pastor of the Methodist Episcopal church, officiated. The young couple left on the evening train for their home at Bhlckley. Doable WrililhiK at t'restou. CREHTON. la., Jan. 1. (Special.) A double wedding was celebrated here yes terday, when the son anil daughter of Mr. and Mrs. Sanders Nelson were united In marriage, the daughter, Miss Delia, wed ding diaries E. Williams, who Is em ployed In the ticket office of the union depot In De Moines, and the son, Chuiha Nelson, being I united with Miss Ethel Clem of this city. The ceremony was wit nessed by about sixty Invited guests. Rev. Flank Haiikcom of the Congregational church being the officiating clergyman. Hrrkle-Mndrll. BRADSHAW. Neb., Jan. 1. (Special.) Last evening Miss Blanche Murkle was married at the home of her parents, Mr. and Mrs. John Merkle, to Mr, William R. Llndell, Lofh of this place. . 3.01 SHOE 0