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