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
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