THE BEE: OMAILA. SATURDAY. JUNE 17, 1911.
Hopper is President,
Elected Unanimously
OMAHA MAN UNANIMOUS CHOICE
FOR T. P. A. PRESIDENCY.
RrVnciT It Coe
"Berg
Suits
Me."
r.VnaTi TT. J - rf 1 . . .
. a ...
- -" ,
r - .
wve Aiiociatm at Phila
delphia ll:ctiaj.
Charles Hopper of Omiht was elected
president of the Travelers' Protective As
sociation of America at Philadelphia
Thursday morning. The first Information
regarding Ma election was received by
Colonel Hopper In a telegram from Frank
Holbrook, president of the Nebraska
division, who la attending ths Ih.latlelphla
convention. The telegram states that the
lection waa unanimous.
s
OPPRESSIVE FEES OF ATTORNEY
Interesting (' In New York Conrt
IbtoItIiik Contlne-nt Compensation.
J
A contingent agreement to compensate at
torneys In land or In money came before
the appellate division of the supreme court
ef New Tork In a ult of Thomas VV. Butt"
nd Albert W. Bailey, the attorney!.'
walnut Marie Julie Collins Carey, the client,
nd others, to partition certain premises
"rhlch became the client' property aa a
Wult of the ault in which the contingent
Agreement waa signed. Upon the trial of
the case the attorneys abandoned their
Claim to a right to the nartltlnn of tt,.
premie,, an(j Mkel to establish a lien on
tha property under their retainer. They
Sot Judgment for tha entire amount of
their, aervtcea. but tha anoaiiata Aivi.ir...
at It aside and orders a new trial.
In 1904 tha attorneys, who were practicing
14 partners, were retained hv Mn rv.i.
11ns to bring action against her son,
.Charles H. Collins, -to set aside a deed
. executed In 1885 to six lota In the Bronx.
, They took the case on a contingent basis,
I and were to receive nothing unless they
; recovered the property or some part thereof,
. or a Judgment for the value or some part
i thereof. Tha agreement provided that "she
I ehall and will pay, deliver, transfer, and
I convey to them, and they will acoept as
compensation In full for their, services, and
oounsel fees,' one-fourth of any and all
money or property which may or shall be
paid." By tha agreement tha client also
transferred to the attorneys one-fourth of
tha property, for whioh she. was suing, ex
, Oept two plots, and It was agreed upon ad
1 Justing tha fee after the Judgment., the Im
7 proved property. Including tha house and
lot where sha lived, should be allowed to
her, and It there was not a sufficient por
tion remaining to allow tha attorneys one
fourth of the whole, they were to get the
equivalent In cash.
The attorneys obtained an Interlocutory
judgment adjudging the property to be held
by tha aon aa trustee for their client and
directing him to reconvey the property to
his mother and give an accounting Tan.
g tha accounting the client conveyed to
.... uuBUmi to.irvu square reel or property,
leaving a remainder of J0.700 square feet.
"When this deed came to the attention of
the attorneya they filed their suit for par
tition of tha entire property and to have
It adjudged that the conveyance waa subor
dinate to their rlghtB under tha retainer,
en tha theory that the retainer constituted
conveyance of one-fourth of the premises.
At this time they had not fully performed
their services under the retainer, because
they had not obtained a final Judgment
cr reconveyance to their client by her son.
The trial , court found that the convey
ance tr the client to her daughter was
rlthjtit consideration, and waa executed
and fecepted In fraud of the rights of the
attorneys, although the appellate division
ays here waa no allegation of fraud upon
which' to base the conclusion. The client
swS ner daughter . contended that the
mother's equity was ample to satlsy any
lien of the attorneya. The trial court ex
cluded . evidence on this nnint
ound that It waa not twmu. t ,.
Issue. The higher court holds that tfet.
' waa error.
Justice Laughlln. writing the appellate
division opinion, says it Is quite clear that
the attorneys are not entitled to a decree
' of a oourt of equity adjudging that they
1 have a lien against the part of the prem
ises conveyed by the client If the client's
equity In the premises retained Is of suf
ficient alue to protect the attorneys'
rights under the retainer, if th.r. i. ....
ambiguity In the agreement of the re
tainer, It Is to be construed most strictly
against the attorneys who drew It. the
oourt said. The . attornevs content! th
ie client did not have a ria-ht to m.b. .
election of any part of the nrml.. .h
tkty had agreed with respect to the fee
to be charged, but Justice Laurhlln .v.
Were Is no force In this contention
concludes i
"The enforcement of the general agree
ment of retainer as herein sought by the
respondent would be oppressive, and should
not receive the sanction of a court of
qultr" New Tork Sun.
PRATTLE OF THE YOUNGSTERS.
"Well, little boy. did you go to the circus
f.e other day?"
"Yes'm. Pa wanted to ma. ma I ha
With him.-
"M5""1'" .Vd the mother of a 4-year
W. dressing, "haven't you got
rv your wo-. -r yetT"
"Tes. ni'jmi," answered Minnie.
but one."
"all
Father Well Johnny, how did you come
ut at the school examinations
Johnny Oh, first rate. I answered all the
ftuestlona.
Father How did you answer thenf
Johnny I said I didn't know.
Small Bdlth waa much Interested to the
colored plates In a work on physiology.
Mamma,- ane asker "what makes our
mood redf While he mother was search
ling her brain for a suitable answer, Edith
continued: "Oh. I know. It's 'cause we eat
tra wherries."
iwiiiiir-Mir eranaay school la to have a
plonlo next Saturday.
Dtck-Qood!
Tpmmy-Why do yoa say that? Are you
eTOlngT
Dick Nope. But that means there'll be
double-header at the ban park next day.
t i H
i a
CHAULE8 HOPrEr.
PASSING OF PLUNGER WALTON
Famae Race Track Sport of Iast
Oeaermtloa Recall liettlng
Ring Inctdeat.
It waa one of the best Jokes in tb. nr.
of Colonel Francis Theodore Walton
"Plunger" Walton, during recent vnr
to bring forth from his wallet a faded
Clipping from a Philadelphia paper which
told of the nganement of "MIhs Emily
Jewell Walton, daughter of Mrs. Caroline
JMiioi wait on and granddaughter of the
late Francis Theodore Walton."
I keep that to remember that t am
officially dead," said Colonel Walton, who
died recently at his home at G32 West
One Hundred and Fourteenth street. New
xor.. recently. . Although "Plunger" Wal
ton has truly been "officially dead" since
he left the betting rings of American and
Jt-ngiisn tracks a decade ago "for good."
there are bookies in two hemispheres still
living. wnO' remember the times when
"Plunger" Walton would either win or
lose $100,000 or more at one track and call
It an afternoon. And whether he had
won or lost the fortune on a single race
no 'one Could tell from his manner as he
wandered away from the track.
Colonel Walton half a doien yeara after
the close. of his civil war military service
was recorder of Philadelphia, Later he
went In for Pennsylvania mining and
railroad stocks. The labor riots of the
late '70s in Pennsylvania wiped him out
financially or almost so. Wherefore he
decided to go in for racing.
He had a new Idea which on days would
bring him a fortune and which perhaps
the next day would take It away from
him and which In time was adopted by
rutsburg Phil, thereby calling the atten
tion of racing men to these two foremost
of plungers. The colonel would not trust
to his own Judgment before a race; he
relied upon Jockeys who knew their
business, especially, during his palmiest
daya, upon Billy Donohue, who later went
to England to train Lily Langtry s horses
and now Is living in France.
. Til back yoirot'Sg-thefltoel
would say to an owner, "If you put Billy
Donohue up." And he admitted once
that he did offer bonuses to Jockeys If
they would win, a practice which he
claimed went far toward bringing him
winnings and which he defended against
the argument of racing men who did
not think the practice proper.
especially he liked to back the Lorlllard
and Keene strings. From external evi
dence Mr. Keene has not been known
openly to back his own horses, but Mr.
Lorlllard did, and Loiillard. therefore,
waa not slor to express around the pad
docks his opinion of the plungers, par
ticularly Colonel Walton, whose big bets
spoiled the odds for Lorlllard himself.
"I'd like to bet $10,000 on your colt,"
some one recalled recently having heard
Colonel Walton say to Mr. Lorlllard at
Saratoga one day In the 80s:
"Oh, hush go away!" Lorlllard snapped
In reply. "It's the men like you who spoil
the turf."
The colonel was a bold better and one
day in 1X81 he set off for England wlh a
string, of which Girofle was the star, to
make a killing. He did. Not only with
Girofle but with other runners he won
so steadily and so great an amount that
the more conservative English sports
men quietly Invited the colonel to quit
the English tracks. About the only
complaint the Englishmen had to make
against him was that he waa winning
too much money. But before he quit he
bad backed in European classics Girofle,
Foxhall and Iroquois, American horses,
and came back then through the Narrows
as "Plunger Walton" and with a fortune
of more than 260,000.
Tha story has been printed that the
reason he left the track "for good," as
he put it himself, was that one day while
he sat calmly in an English grandstand
with hi wife the horse which he had
backed and which In the stretch seemed
the money waa beaten in the last stride
by a nose.
"Well, let's be moving back to the
hotel," he said to his wife so the story
goes. "That nose cost me 300,000." The
amount he lost on this lust bet probably
has been stretched by the racing racon
teurs who have told this and many other
stories about the colonel's bets since that
day about twenty or mere years ago. But
It Is certain that he was one of the most
fearless plungers the race courses on either
side of the Atlantic ever have known.
New Tork Bun.
Which is the best ready-to-wear clothes, we are positive that
our celebrated brands will find first favor. Other stores set
up claims for other lines. But when ours are carefully ex
amined and evidence put against them, their claims have
never a leg to stand on and we are always prepared to put
the right suit on every man that comes in
to $40.00
Boys'
Vacation
Wear
Dress him in cool wash linens
and cottons. They will be a com
fort to themselves and to their
mothers. She especially, when
she knows that the wash tub will
renew the freshness and good
looks of our wnshable suits and
trousers.
Suits 05c to $2.50.
Linen, Duck and Khaki Pants,
GOc, 65c, 75c and 90c.
Waist and Shirt, 45c up. Under
wear 25c and up.
Play Suit.
Boy Scout Suits $3.25.
Cowboy Suits $125.
Indian Suits 95c. .
Base Ball Suits 95c.
Rompers 45c.
Broken Lines of
Summer Suits
$12.50 --$17.50
Popular priced clothes range
from $18.00 to 1 28.00 and $30.00."
More are sold at these prices
than any other. Therefore the
sizes on these prices are the first
to be broken. We find quite a
number among our big assort
ment, and have separated them
from the others, and aUo separated
the price to such an extent that
if your size is among the differ
ent lines you can find a suit in
two or three-piece styles that
sold to $20 for $12.60 and suits
that sold to $28.00 and $30.00
for $17.60.
This is worth looking into, and
we would advise you to see our
windows.
If You Knew
Half as much about our Straw
Hats as we do, there would be no
use in our boosting them as we
do. All we want is a chance to
show you qualities and styles that
are, as we know, away ahead of
a.ny other hat In 'town, and a
whole lot lower in price.
Look over our display it's
worth while
$1.00 to SS.OO
Panamas $3.50 to $7.50.
Soft Collars and
Soft Collars and
Ties to match
25 to 50.
Soft Shirts $1.00
to $4.25.
Suspenders 25
to SO.
Cool Underwear,
50 to $5.00.
Handkerchiefs,
10 to 50.
Men's Garters, 25
to 50.
Thin Hosiery, 15
to $1.00.
Leather Belts. 25
to $1.50. X
Wash Ties, 35
to 50.
Lion brand Collars,
2 tor 25.
One day Charlie, aced 4. and his baby
Sister were play la ST with some small marbles
when one of them disappeared and eould
got be found. Their mother assisted In the
search anu waa very much alarmed, fear
ing the) baby had swallowed It
"Oh. well, doa't worry about It mamma, "
amid Charlie. "We've rot enough marble
without if
The follewlaer manias linens have)
fceea leaved:
Name and BssM ins Ag,
Jan as r. Ooft. Omaha. M
Anna M. Bull Iran, Omaha. M
Vroilan M. Bailey. Kanaaa City, Ma M
adJ Klatao, Kaoaaa Cwy. Mo . a
uliua Mat a. Otneiva n
IteruOry tire, Om4ha...... n
.VL Jh Ta
A S Joeeefates Neva. OtpaAa.... V
Woba OhlnMua.
Leafy XX ten. Omaha .
.....M..M at
The Key to tbm flstaatfcm Bee) TTaat XAa.
la tbe Parts Shops.
The evenlnc slippers of satin are finished
with Frenoh buckles of rbinestone, beau
tlfully set In silver.
The peklna materials. In which the stripes
are broad or narrow, have taken a firm
hold on the public fancy.
Aa idea which Is taking everyone's fancy
by storm is the summer muff. It may be
made in anything pretty and light.
Octagon mesh veiling In clustesr of chen
ille dots Is seen also, also fUet mesh veil
ing sprinkled with uuenllle dots.
Sailor oollars ta numerous variations are
fashioned of lace with borders of tussah of
a oontrasUng material.
Muoh white embroidery on black chiffon
or net Is seen In the new assortments and
plenty of black on black.
Mousesllne de sole waists with dull silver
gold embroidery are being worn with after
noon suite on cool daya
WIum U te Celebrate.
WINKSB. 8. V.. June 11-The residents
of Winner, the eounty seat of Tripp county,
are making preparations for a celebration
In honor of the open tug of railroad com
munication. The Northwestern railroad
recently completed an extension to Win
aar, and July I the first passenger and
freight train to run on a reguar schedule
wtU reaoa bare, marking the opening of
regular train aarvtoa. The celebration will
be bald July I and 4. Horse races, base
bail game, foot race and other sport are
being arranged for.
Th Key to the Situation Bee Want Ada.
LESSONS IN CROOKED BANKING
System by Which a New York Finan
cier Got Away with the
Money.
The strange ins and outs of high finance
as they are displayed In the narrative of the
collapse of the Carnegie Trust company of
New Tork are detailed in an article in
Hampton's by Frank Parker Stockbridge.
Boually Interesting are the life storie of
some of the men concerned In that huge
failure. Of Robin, the immigrant who be
came a powerful banker, Mr. Stockbridge
says:
Deposits accumulated In Robin's North
western bank, where he waa chairman of
the executive committee, until more than
$3,000,000, mostly the funds of small trades
men doing business In Harlem and the
Bronx, were In Its coffers. His Riverside
bank was prosperous. People were flock
ing to put their money Into his Washington
Savings bank and he began to look around
for other ways of getting the money..
He got Into the Fidelity Development
company, a real estate concern wnicn
owned the old Morris Park race track, and
soon controlled It. He acquired control of
the Bankers' Realty and Surety company,
To carry out his schemes he needed a title
Insurance company. The Aetna Indemnity
company' of Hartford, which had formerly
been one of Frits Hetnze's concerns, owned
the Title and Guaranty company of Roch
ester. Robin bought control of the Aetna
and from It purchased the Rochester con
cern. The savings bank could lend money on
the real estate owned by the realty com
panies. The Title and Guaranty company
could guarantee the mortgages to satisfy
the bank examiners, and the-two commer
cial banks could lend money on the capi
tal stock of any of the other companies or
of each other. With all these Institutions
under his control Robin could take money
out as fast as the public put it In.
His personal tastes were luxurious, even
oriental. He established himself in luxuri
ous apartments, gorgeously furnished, in
an expensive house in Gramercy park.
Like other players in the big game, he
wanted a country place. He built a mag
nificent mansion at Wading River, Long
Island. One of the important details of
"Driftwood Manor," as called his place,
waa Its well-stocked wine cellar.
Robin entertained house parties of kin
dred spirits, men and women. The resi
dents of the little village of Wading River
talk of the things that went on at these
house parties. They tell stories of the
"Snow Walts," in which, after a night of
revelry, the dancers would whirl out
through the open door and, regardless of
low necks and thin slippers, would finish
their dance on the snow-covered verandas.
Other tales are of a summer sport of a
somewhat similar nature In which the pond
near the bouse took the place of the
veranda.
No matter how fast tha money came in,
Robin always needed more. There was no
end to bis schemes and for the most part
they were good and perfectly legitimate
schemes. He conceived the Idea, for exam
ple, of running a trolley line across tho
new Queensborough bridge and through
Long Island City to Jamaica. Such a line
would tap a large, undeveloped section of
Long Island and be of real public service.
He obtained a franchise for this line, in
cluding the only available route to Jamaica.
He organized the South Shore Railroad
company and a couple of construction com
panies to carry out the project.
Down in Wall street, men who profess to
know say that If he had located his rail
road anywhere else except on Long Island,
he would never have got Into trouble.
Long Island Is one of Wall street's
"clover patches." And this was the be
ginning of his downfall.
Building; Permits.
Armstrong tt Walsh, 1421 Sherman avenue,
frame dwelling. $2,000; J. J. Mulflnger, 2210
12 South Sixteenth, brifk theater building,
$4,000; N. A. Woodard, S216 Woolworth ave
nue, frame garage, $500; Fred Mengedoht,
1611-27 Maple, repairs, B,000; Fred Men
gedoht, 1i!12-30 Maple, alterations and re
pairs. $5,000; J. U Eastmnn. 24 Chicago,
repairs, $S00; F. M. Le Flange, 620-24 South
Thirteenth, alterations, $2,500; Mark M.
McCarthy, 2766 Browne, frame dwelling.
2,100; Charles L Bord. Twenty-eighth and
Fort, frame dwelling, $2,600; L. L. Young,
North Thirtieth, from dwelling. 2 000,
Women are the best buyers.
The paper that is read by the
women pays advertisers test
Physical '
Exhaustion
When you feel weak, tired
out. and unrefreshed by sleep
or when your appetite) and
digestion are poor, yoa will
find its use invaluable.
HORSFORD'S
,Acid Phosphate
Ooa-AkaoUfl)
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a told, refreshing glass of some real old German lager beer Old Fash
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good old German way. No other beer can have a finer flavor.
It comes in pint bottles of clear glass, so you can see it's clean and
pure. The red or yellow wrapper keeps out all light, preserving the snap
and life. Order a case sent home and enjoy a good, wholesome drink.
Douglas 647
Save the Caps
from bottles of Old Fash
ioned Lager
Beer and ex
change them
for valuable
premiums.
Ask us for
our free book of premiums.
Ind. A-1216
TCSTKIBTTZaS.
MAIL ORDERS for 'Old Fashioned Lager Beer" filled the day received. Shipped Everywhere.
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