Omaha daily bee. (Omaha [Neb.]) 187?-1922, January 27, 1912, Page 3, Image 3

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    TIIE BEE: OMAHA. SATURDAY. .JANUARY 27. 1912.
3
Nebraska
MARTIN LOOKING UP LAW
Attorney General Hot Searching for
More Word in Omaha.
WILL COME HERE IP OEDEEED
Statutes Dej Rat Specifically Delia
What Mar Daaa la Caaaertlaa
with liacHaa Before
Grand Jarlea.
(From Statt Correspondent.)
LINCOLN. Jan. Jt-(8peclal.)-GoTernor
Aldrtca has not yet .made a formal re
Queat upon the attorney general that he
go to Douslas county and tafca a kasd
In affair there, but he "hae'talked the
matter over Informally with htm and In
dicated that he would aoon put the order
Into legal form.
In view of thla Attorney Ganeral Martin
la engaged looking up the law la tha case.
Ha ha not been able to find anything
which would entitle htm to appear on hii
own notion, but the law don make It
hia duty, on the requeat of the governor
to appear In any court of tha atat In
case where the state la a party to an
actios.
Nothing la laid In the statute regarding?
grand Juries and the question appears to
be whether the grand Jury, which la a
part of the machinery of the court, cornea
within the designation of court" In the
sense of giving him the light to epeper
before Jt In behalf of the state. Even
If he does. It appears certain that any
Indietmenta returned must be drawn by
the county attorney, as well as - the
performance of all other duties pertain
ing; to bringing the Indictment into court.
As tha county attorney Is the servant
of the grand jury anoVlt is within- the
province of the Jury to say whether an
Indictment shall be returned thla feature
does not appear to be so Important.
Martin Ret Aaitees. - -
Attorney FUeneral Martin, however, Is
nut, -however, particularly anxious to
Undertake the tank. In fact will not do
It unless the governor formally requests
k- ne says mat bis ornce is already ever
burdened with work eud Is not able
te keep up with the usual duties of the
office. Further he Is not delighted with
the idea of mixing up In Omaha affairs.
Tha greatest objection, however, la that
he is receiving similar requests con
alantly and all over the state end he has
persstently decided to go outside lila'regu-
lsr duties because of lark of time, end
dislikes exceedingly to have a precedent
of this kind established, it lie finds, afhr
examining the law, that It Is hli duty to
do ao oa the request of lo i governor. 'if
course he will undertake the work and
do tha best he can to cleir, up the win
ation and bring to Justice any who are
ascertained to have violated the law.
The governor Is of the opinion that so
ions a the charge! of law Violation have
been ;aad and alas that local officials
ere not using due diligence te bring; the
vlolatorsto Justi ce, that It Is encumbent
Upon tha stats, to step in and perform
that duty, or at least demonstrate tha
truth or fajairjl of the rumors, which ru
ef such a -serious character, be mat n
alna, as to throw discredit upon the city
and Incidentally upon tha whole stste.
Nebraska
DECISION RESERVED IN
BROKEN BOW LAND CASE
J, eaaeseasfaw
' BilOKHN BOW, Neb.; 'Jan. !i. -(Special.)
Dlitrict court haa been In session
this week and 'the most important case
tried ia years was that of H. A. Sullivan
against Mrs. Anna Curry. Thla was a
ease growing out of tha purchase of land
to donate to the state at the time when
It waa expected that Broken Bow would
secure the location for the State Agri
cultural school,- which flnaUy want to
Curtis. Mayor Ledwlch waa agent for
Vila land and sold It to committee of
ctlisens appointed to procure a sit for
tfle school. A check for flow waa de
posited la the bank at ths time of the
purchase, the balance to be paid at the
completion of the deal. The understand
ing waa that a good title would be conveyed-
"The owner of the land resided in
New Hampshire and sent on a warranty
deed. Tha mayor of the city cashed the
check, took out $J a his commission
and deposited the balance to the credit
of the grantor. About this tlms it waa
discovered that the title waa deficient
and suit waa brought by the executive
committee representing the dtlxens to
recover the C.flCO put up. The trial of
the cave occupied three daya and was
largely 'attended. Judge Hosteller, be-,
for whom the suit waa brought, an
nounce that be will hand down a de
cision in the ease before the close of the
present Una.
BRANDEIS WILL SPEAK IN
j. NEBRASKA FOR LA FOLLETTE
LINCOLN, Jan. M. It wsa announced
today that Louis p. Brandela would
apeak at various point la Nebraska en
February 1' and I la tha Interests of
Robert M, La ToilettCe candidacy. Sen
ator La Fslfotte himself Is to speak la
Lincoln at a bemreet which wnl be held
soma time prior to February IS. at which
a list of delegated te the republsraa na
tion convention will be selected. .
. Isaae-aver1" tl Caaaty. '
1AV1L cfTT. Neb., Jan. X. -(Special.)
Jjurtne-ih last year Butler county haa
expended approximately S5,0t for im
provements. About 1303,00 of thla has
been used in Iatvtd City alone. Among
the buildings wtiico make such a large
slim are tha SWjKw Methodist church, the
fS.GGa Catholic church and building
erected on the Butler county fair ground.
Also many fine residenees have been
erected, aot only la the county east, but
all over the county.
Library site fee- Madtasa.
MADISO.V, Neb., Jan. 2i (Special
At a meeting of the city council and
library board at the council chamber
but evening the ' council unanimously
voted- to contribute tea) a part purchase
price ror a quarter Mock adjoining; the
iBhail property on the west, anon
wiilch to ootid the new KOM Carnegie
library- The dtlsene contributed C3e
toward the purchase price of this site by
insular suberription.
Bwslaee Chang at Madtaoau
MADISON. Neb, Jan. ML (Special)
Herman Frleke sold bis brick baalaes
Mock and Implement bust nee yesterday
to H. Browafield of Gross, Neb, reset,
tng therefor ts.M for th i building and
Invoice price for the stock. As part con
sideration Mr. Frlrke cornea Into posses
sion of SM acres at land about eta mtles
fx urn Cross. Boyd eounly, Nebraska.
Jury Term of Court
Begins in Central
City on Monday
CENTRAL CITT. Neb, Jan. aa-iSpe-clai.)
Judge George H. Thomas was up
from Columbus Monday and Bald a brief
equity session of the. district court and
set the rases for trial for the Jury ses
sion of court which convenes in th city
Mondsy, January . . Beeldea calling th
docket for this term Judge Thomas con
sidered many minor matter.
Ia the milt of Samuel Torrance against
Joseph Meacham the demurrer of the de
fendant to the petition was overruled.
Ia the suit of the Ctty Katlonal bank of
Omaha against P. A. Stattler, C. C. My
era and S. u. Xordquist tha motion t
discharge the garnishee was sustained.
Some licence to sell real estate la ad'
ministration matter were granted and
an argument was heard la the maadamua
proceedings growing out of the dlsput
over road overseer In Lone Tree township.
Judg Conrad Hollenbeck will preside
at th Jury term which . convene here
next Monday, and It Is hoped that most
ef the rases on the criminal docket will
be cleared up. The first can set for
trial I th Clark cattle case. In which
Earl Lockard. Bob Saddler and Burt
BoJee will answer to the charge of cattle
stealing. The second case set for trial
is that against John Marqula oa a charge
of keeping liquor for the purpose of dis
posing of it illegally.- The third trial Is
that of Fred Barrttt on a similar charge.
Tha fourth and fifth trlala ar cases
against W. H. Aldrioa - on ' a . similar
charge. With the exception of the two
liquor case all of the other criminal
cases coma from C larks. ...
On the civil docket the first case net
for jury trial la th action of laxton at
Gallagher against J. A. Brown. Th sec
ond- case Is the suit or Made M. Kokjer
against tha rtord Bhonsey Cattle com
pany, a corporation, defendant
Ruling Amended , "
Silver Creek Will
Have One Saloon
CKNTUAL CITT, Neb., Jan. . (Spe
cial. Kllver Creek la allowed to retain
one saloon, st least for ths balance of
the municipal year, Ths edict of th
supreme court hsa Just ben Issued sus
taining ths action of the district court
here, which upheld' the legality of the
license of Ed Shank, obtained last spring
to conduct a saloon In Silver Creek. At
that time Shank was granted hi license,
permits were also granted to Charles M.
Sokol and Nicholas A. Shue. All three
applicant mat with a contest on th
grounds of the Insufficiency of the num
ber of freholders signing their petitions,
and son of them ' were complained
against on tha grounds ef illegal sales
within the last year. About two months
ago Us supreme court overruled the lo
cal rourts. which had sustained tit
village- board of. Stiver Creak In grant,
lug ths licensee. LaUer Judg Reese, wh
had delivered tha opinion la th Shank
case, recalled hia decision upon ths shev
Ing that he bad ruled upon Issues whlck
were not involved In theh Shank case.
The court at Its session here two weeks
ago ordered th village board of Sliver
Creek to revoke the licenses of Shue and
Soke), and theaa twe places were closed
at that lima Now the supreme court ha
upheld the Shank license, so that Silver
Creek will be In th possession 0f one
saloon for ths balance of the municipal
year at leasts
JOHN DOUD FOUND GUILTY
0 FBLOWING JEWELRY SAFE
FLATTSMOUTH, Neb,. Jan. .-( Spe
cial.) After a trial lasting for three days
the Jury of the state against John Doud,
charged with safs blowing:, brought In a
verdict this morning of guilty. Doud
was charged with twe other with having
brokn Into the store of Mlke'Trttsob at
Louisville on the morning of September
S, end Mowing bis Jewelry salt door oft
Its hinges, robbed hi safe of 11,000 do!
lar worth of Jewelry. One of Doud' co
de fend ante. Frank McCann, was con
victed of the asms crime In December
and waa 'sentenced to twenty years at
hard labor. Tha court haa not yet sen
tenced Doud. but he probably will get
the asms. Th county attorney, C. II.
Taylor, was assisted In th trial of the
case by Judga SJabaugh of Omaha, who
represented the Interest of the Ne
braska State Bankers' aasocxarjoa. Th
trial of George Lytic, the third man
alleged to being involved In the Trttsch
robery. wtll save his trial next week-
Attorney 3ntt of Omaha appear for th
defendants. -
Taffeta Lined, Rain- .
Proof Opera Coats
One-Half Price
'Here is a chance to obtain a
most magnificent garment at a
wonderful reduction. There
are comparatively few ot them
and you'd better hurry.
.23.00 to (tO.OO Coats for
f 12.30 to 920.00.
OMAHA'S ONLY MODERN CLOTHING STORE
-Ssoiis
Boys' Suits and
Overcoats Now
Selling at i Price
One thins that haa con
tributed materially to this
department's upbuilding
la the fact that every sea
ton brings a complete
new stock for Boys. Wa
sell the small iota remain
ing after each aeaaon at
half price and the
clearance is complete. Sat
urday Is sure to be a rec
ord breaker. Bring your
boy, big or little, early
and fit him out in King
Swanson quality clothes
at ridiculously low prices.
. 92.50 to f 12.00 Overcoats
for 91.25 to 90.00.
92.00 to 912.00 Knee
Pants Bull for 91.00
to 94.00.
THE HOME OF QUALITY CLOTHES
More Bargains for Saturday
Rain Coats
Top Coats
Sllp-Ons
Boys' Clothing
Added to tht Suits and Overcoats now on sale at
HALF PRICE
A clean-up sale at thla store means more than in moat stores. It's mighty thorough. It touch
certain lines that are usually considered "good" season In and season out We don't consider any line
too good to be kept from odda and ends. For that reason we Include garments that few store do In
clude Saturday will bring many unusual bargain opportunities. Better arrange to get here bright
and early. The occasion Justine a'llttle extra effort on your part.
This Store Closes at
9 P. M. on Saturdays
And wo advise you not to wait
until the last moment to do
your buying. Remember, those
of you who can, should buy
during the daylight hours ao aa
to leave the after attpper period
for those who are compelled to
shop then.
Think of Baying King-Swarison Suits aad Overcoats at Half Pri ce
Think of the high esteem In which these garment are held, then think of buying them
at half price, which makea them cost one-third leas than common . clothing la being sold for.
Then, too, think of one whole floor of bargain garments to choose from. Not only can fellows
of regular site be fitted, but tall fellows, short MUows, stout fellows and great big fellows
stand on an equal basis.
910.00 to 933.00 si its i-t)n $3.00 to $17.50-
910.00 to 940.00 OVKRCOATS r)K $5.00 to $20.00.
Lots of $20 and $25 Garments at $10 and $12.50
Our most popular lines are those wa sell at $20.00 and $26.00. Mora of them in this aala
Yon can buy magnificent garments now for innn or U12M1
too,
Top, Rain aad .
Slip-On Coats at
One-Half Price
There Isn't a i t of necessity
for Including these staple over
sarmente In this sale. They're
"good" season in and season
out. Butour system of Htook
rtlddance comminiis ua to let
thetn so anil they're yours, sir!
for half the resular prices. No
other store sues to such ex
treme. Think of buying four
next Hprlns'a coat at half price,
and every one of these coats la
Identical with the coat you'll
see worn when Spring Time
rolls around.
Ill 00 to 3t 00 T Coats for
st.m SiT.ao.
git 00 to $30o mala Osata fee
T.M to Sis-oo,
Is no t taooo nip-Ona far
Ml to lio.oo.
.i.Li--i.'.-.iLn.-L-.m-..-r I
SAM PATTERSON WANTS CASH
Bring! Suit Against State for Six
Thousand Salary.
FOB SERVICES HOT BEHDEKED
MISS EDITH LOTHROP FALLS
AND DISLOCATES ARM
CLAT CENTER, Neb., Jan. (Spe
cial.) Miss Edith A. Lothrop. superin
tendent of Clay county schools and former
president of the Nebraska Teachers'! as
sociation, fell oa th lea and dislocated
her arm. atlas Lothrop waa vUltlng
ckool near Button. It wa whU walk
ing from one school to another, and whan
crossing a (mail ditoh ah stepped on
some tc under th snow, which threw
her to the ground and dislocated ber rlcht
arm at the elbow. Sri lay there quite
a while before she could arise. She then
walked to the horn of William Roemlca,
a half mile distant, and a doctor from
Sutton was called and set tha dislocated
member.
ira ntta sjla Bsurpy.
PA PI UJ ON, Neb.. Jan. 3L- Special)
J. Bf. Oates. democrat, of Fort Crook,
baa filed aa candidate as representative.
He represented this toe ninth district
in the thirty-first session of tha Stat
legislature, and waa defeated at the
primary tor the thirty -second, season by
C W. Sanborn. Thla Is the first filing
In or from Sarpy county for th April
primary. . . .
HYMENEAL
Beatsl Barer-SleeChe.
TBCrUSEH. Neb.. Jan. X (Special )-
Mia Mary Beetbe r.d Mr. August Bent-
singer were united In marriags at the
Oerman Lutheran church Wednesday at
1 p. m.. Rev. H. F. Grupe officiated.
Following the services at tha church a
reception waa tendered the newly wadded
couple at the name ef th bride' par
ents, Mr. and Mrs. Charles H. Beethe.
Mr. and Mrs. Beatxtnser will so te
aouaefceeplng la the NelSoa cottage, oa
West Broadway.
Peralstesjt Advertising at the Road te
Big Returns.
Fersser Depety State Treasurer
Ask far Cash Walla lader As
Bolatsaeat as Banking; Board
Secretary.
(From a Staff Correspondent.)
LINCOLN, Neb.. Jan. M.-8peclal Tel
egram.) Sam Patterson of Arapahoe has
brought suit against th slate for 16,000
claimed aa due for two year' salary a
chief clerk of th banking board. It was
appointed by Governor Shallenberger, but
never filled the place, being kept out by
th suit brought to restrain tlie enforce
ment of the bank guaranty law, though
he aver he was a tall time ready and
willing to do the work. The claim wa
presented to the state auditor and re
jected. La Falletile'e Date.
' It was announced from th La Foliett
headquarter that th Wisconsin senator
would visit Nebraska, February L t and
I and wtll make evening speeches at
Omaha and Lincoln. He will apeak after
noons and evenings and among other
places on his schedule are York. Fre
mont, Kearney, Hastings, Aurora, Hold
rege ad Broken Bow,
Te lee Barllaataa Depot.
It waa reported today, on what la said
to be good authority, that the Burlington
and Union Paclflo roads had reached an
agreement whereby the Union Paclflo
waa to use the Burlington's passenger
station In Lincoln.
Calls All State Warraata.
State Treasurer George ha Issued a
call for all outatmnHlna- ! at MmiH
a February 1 and from and after that
oat ail warraata will be paid at the
Counter on nreeentmtion. Uniu. !
Ing Into' the treasury from th January
seiuemeaie witn ine county treasurers
In sufficient Quantities tn irt.m (hu
aad also to assure that warrants Issued
arer that date can be taken up on pre
sentation, either bv cash In k .1
fund or Investment funds of the state.
Wilam- to Settle Difficulty.
Dr. W. H. Wtlso of the Xtate aavrf
ot Health haa been called to Sidney to
tO a difference between doctors. The
heme of the local Catholic priest has
beea quarantined oa account ot what one
paraicaan pronounced scarlet fever aad
which another say I some other dieease.
Caal Caasaaay Brtaaa Salt.
Th Marsh Burke Coal company ha
commenced eutt fcr damae-M
M.00 against J. H. Tost, Herbert L.
Laura and Harry M. Borer. Tost haa a
string of coal yards over the state; Laird
la secretary of the Vnnh.Mt... ci
Dealers' association and Borer toe sales
afent of an Oklahoma mlnlny company.
The plaintiffs allege that the acenry of
the Oklahoma coal. In which they had
worked np a big business waa taken away
from them because they instated on sell
mc coal to consumers In car-load lots
and that the dejrndants ar responsible
tor such action.
Bartow Blaaa Beada.
Auditor Barton la tmlav ..ntt i
-w.,wlUU
ewer and water bonds t th. m.
Teeumseh to the amount ef ga.009, of
wnien amount sisvogs are for water pur
pose The auditor has heaa.dimn- K
some figure concerning the amount of
soaus serng sasuea Dy tn various taxing
bodies of the state and baa iswmui
that st ace January V 10 there haa been
noatea in isenrasaa a total of ff,m,m
of bonds, and there ar Issues of kMl.KB
which have not yet been approved by th
auditor. Much of thla amount haa been
refused registration and there la a con
siderable amount awaiting action which
probably will be approved. '
Of the total Issue, t3.an.0O) hss been
floated by the counties, the largest sum
being the Douglas county court house
bonds, representing about half of the
total. The largest Item is drainage dis
trict, city and village Indebtedness, which
foots upto tS,9t,M. School districts have
Issued gt,7U,SK. There are no statistic
available to show how much bonded In
debtedness hss been cancelled during that
time, or even what the total bonded In
debtedness outstanding of the different
subdivisions of ths state amounts to.
Cast af State Caverameat.
Old documents at tha Stat nous show
some Interesting comparisons of the cost
of stste government now snd In the early
day. The territorial legislature of IK?
required IT.MM to nay the salaries of Its
members, while, the lest session drew on
the treasurer for IS.MO tor the same pur
pose, and the total expense of the ses
sion were $1(6.00. The membership was
decidedly smaller of course in th earlier
period and In addltllon did not require
so many employe, th pioneers being
modest In their demands upon ths treas
urer. :.,''
Perkins Family Improved.
Clark Perkins, formerly secretary of the
State Railway commission, waa In tha
office today tor the first tlms smos re
moving to Aurora, lie bad expected to
put In considerable time at tha office as
sisting In compiling th annual report,
but baa been unable to do so on account
ot serious sickness In his family. Hia wife
sd child are some better bow and Mr,
Perkins intends, after clearing up some
matters In the office, to take such ma
terial aa la necessary home with him and
complete the annual report, -Valaatlea
Hesrisr.
The Railway commission la still grind
ing on th Northwestern valuation hear
ing. The state Is putting la testimony
Involving engineering features, there
being a material dlfftrence between the
state and the company on the allowance
for subsidence of grades, and adaptation
of construction. Rolling stock, which I
another featur being considered, also
presents material dlfferenc-a, the com
pany Insisting on a valuation for all aa
though new, and the atat estimating it
at a value depreciated by ua.
State Superintendent Delsell baa gone
to Jefferson county oa business connected
with his office.
The oil Inspector of the varloas states
are to have a convention February 1,
meeting at tha Audltosiuni Annex In
Chicago. Inspector Husaneter of Ne
braska will attend.
The governor haa honored a requisition
from tha governor of Oklahoma for the
return to that state of May Perry, bow
tn custody at Tekamah. She la wanted
on a statutory charge.
Few Caataslaslaa Baey.
The food inspector Is Just now Investi
gating a numlier of samples of goods
picked up at various stores. There are
several which do not meet the require
ments ot the law In minor matter, among
them a series ot flavoring extracts put out
by a Lincoln firm. Another la a can of
syrup whose original label showed It was
SS per cent maple and SO per cent cane
syrup. Pasted oa the big colored label Is
a correction which saya the percentage
Is of maple and 7 of onn syrup,
tier te Help Greek.
Labor Commissioner Ouye Is going to
Chicago on official business. It Is not
liven out at th office what th assure
of tha huslneaa Is, but from th persist
ence with which some ot th Greeks of
this city hav haunted tha office asking
for relief it I surmised hs Is going to
confer with th Greek consul si that
place, The officials of tha Greek govern
ment have shown constderabl Interest in
efforts to ameliorate the condition ot the
O reeks resident in this country.
Havelsek Wins Pretest.
Ths residents of Havelork and Col lea
View, who hav been protesting vigor
ously over having their postofflr mads
substations of th Lincoln office, hav
won their point, th department having
abandoned the plan.
A dressed hog whlck J. A. Oes, a man
who resides on West A, was hauling te
th city for purpose of sals waa con
fiscated by th health department this
morning because it waa being hauled In
a filthy wagon.
J. C. Harding, the sanitary engineer
who has been Investigating to ascertain
th source of the eontamnatlon of th
Rio well, has about concluded that It
come from two source. One fact Is
established and that la the ground where
th well I located waa once low and haa
been filled In to a considerable extent and
that refuse waa used in a large amount
In making th filling. Another and more
probable cause la a sanitary sewer whlrh
runs close to the well and which I bedded
In unstable ground. He la of the opinion
that seepage from this sewer haa found
Its way Into the well.
Those who are tn charge of the move
ment to raise an endowment fund foe
Wesleyan university are confident they
will be able to push the amount up te
100,000. A large number of letters have
been received already as a result of tha
rally In Lincoln and all promise aid te
ths cause.
A splendid raving to girls' Panama,
dresses, suitable for present and aprlng
wear; colors red. blue, brown, black and
white; sixes to It years-dresses ffi.Of tu
s.60-tiaturday .73.
Hanson a) Thorne Co.. l.'.l-J Farnam St.'
Every piano told by ua
is guarantied jutt as
represented and to gioe
you perfect satisfaction
All pianos sold on terms
to suit the convenience
of the purchaser. Let
us show you. . . '. . ". '.
The piano buyers' best bargain op
portunity is just now in Hayden's
January Clearance Sale
A low price does not always signify a bargain, but
when you can get such quality in a piano as you'll
find in these special sale offerings, you're sure of
many times your money's worth of satisfaction for
every dollar expended.
We most have the room they occupy hence we're offering the
following new and used pianos at ridiculously low prices in
order to close them out Saturday and during the next week.
Wheat & Co.. $45
Kimball $75
Mueller $90
Singer $95
Campbell & Co $95
Haines Co. $95
Cornish $98
Kimball $98
Peek & Son $99
Cbickering & Son $125
Kohler iCampbell $149
Estey used $149
Price & Teeple
used .... $149
Anderson ... ....$150
Smith & Barnes
used $159
Scliaeffer used ..$169
Chiekering Bros.
used $247.50
Chiekering Bros.
used ....$249
HAYDEN BROS.
eaya