THE BEE: OMAHA. "WEDNESDAY, MAKCH 13. 3912.
i
Nebraska
INSURANCE UNDER TROST ACT
Supreme Court Severn Position in
Surety Company Case." '.
PROHIBITS COMPACTS -EI HUE
HlRfc Crt Revcrae. Salt Brsasht
jr Elisabeth. ff ililt F.sall
Braadela la- V klrh Jadswwt
. Vn Seeweew.
(From a Staff Correspondent.)
LJN'COLX. March 11 (Special Tele
gram.) The supreme court today r
, versed lt former decision In the case
t or the state against the American Surety
company.. The court now holds tout
. the Junkln anti-trust act Includes In
surance companies in the enumeration
of trusts and restraint of trade.
The case came up on a motion fit the
state for a re-hearlng. the court hold
in In a previous opinion that the act
did not apply to such companies and.
that the Condrlng act which did, having
been repealed by the Junkln act, there
was bo law which Included Insurance
companies within the inhabitlon.
On the re-hearing It was called to the
attention of the court that In the Omaha
Elevator case it had been . held that
1 lot the Gondring act, except the first
section, was repealed, but that this
first section specifically mentioned in
surance companies and the court there
for reversed Its former ruling and holds
that Insurance is trad and commerce
within the meaning of the law, and
therefor covered by the Junkln art.
But for this reversal insurance com
panies would have been free to enter
Into any combination which they say fit.
Esall Bran dels Win..
The supreme court also reversed, sad
remanded the case of Elisabeth Kctl
against Emil Brandeis, In which she re
covered sz.tw damages for being run
down by an automobile belonging to Ur
Brandeis, though at the time it was be
ing driven by an employe of tire garage
. which was paid to keep the automobile
and furnish a driver when required by
the owner. The supreme court holds that
there was no relation of master and serv
ant between the chauffeurHnd Mr. Brau-
dcis as would render him hable'tor the
acts of the chauffeur.
The case of Ward against the Aetna
Insurance company, a suit on an Insur
ance policy, was reversed and remanded.
This Is the fourth time this case has
been to the supreme court.
Bert. M. Larson of Harriabur, Banner
county, has fll as a republican candi
date for representative from the Seventy
sixth district. . i ,
snnreiae Cart Deelelaa.
The following opinions were filed:
state against American Surety com.
iay. On motion for rehearing, former
.iwsinent of this court vacated and set
ss'de ; judgment of district court re
versed and cause remanded for further
Mi-.-wdlng. Letton, J. Keese, C. J., not
sitting;
-Nefl against Brandeis. Reversed and
Nebraska
remanded. Barnes, J. Letton, J., coo.
curs In conclusion.
Paterson against Reiter, affirmed; Faw-
eett, J. .
Kramer against 'Weigand, affirmed;
Rotui J.
Barnhard against Barn hard, affirmed
Sedgwick. J.
woodyear Tire and Rubber company
gainst Bacon, amrmed: Fawcett, J.
Roddv unlnit Missouri Pacific Bail-
road company, reversed and remanded
with directions: Sedgwick. J.
Amend amunst Lincoln and Northwest
ern Railroad company, affirmed: Reese,
C. J. ivose, J. took no part in the de
cision. - -
. Tiger against Button Land company,
arnrmed; Kawcetu J.
Perry and Bee comnanv against Hoi
brook Opera House company, affirmed
Barnes. J.
Ward against Aetna Life Insurance
company, reversed and remanded with di
rections to dismiss the actions RoseT J.
State ex-rel, Baughn against I're, or
iginal, mandamus,, writ denied; Letton
J. H . O. J., not sitting.
Following are rulings on motions tor
renearmg: - -
Slate against Ball, new trial granted.
Cas county against narpy county,
overruled. '
iAIt against Uetxschmann, overruled.
Hastings College r
Board of Trustees '
Makes Statement
HASTINGS. Net,., March lt-lSvodal
Telegram.) After devoting a day to the
Investigation of the troubles that hare
arisen In the management of Hastings
rullege tlie board ot trustee today au
thorised the following statement:
The board f trustees of Hastings col
lege, regretting deeply the unfortunate
misunderstanding which deprived the cot-
leg ot the eflictent services of President
Turner, has planned to earn- forward
the work upon the lines projected by Or.
Turner, and the (acuity. - College work
will go forward under the direction of
the splendid educators now In control of
the different departments. Rev. W. W.
Smith wss commended for his vigorous
services as tne field agent and directed
t prosecute the work of completing the
1109.000 endowment for which he has con
struct d such a solid foundation.
"Owing to, conflicting, statements ap
pearing in the papers from tim to time
the board deems It best to say that the
charter of the college vests th manage
ment In the board of trustees and that
the board is convinced that tha synod
desires the college to maintain Its present
hhrh deal m of r ffleienev ' - -
Th resignations of J. X. Clarke, H. E,
Stein, W. F. Buchanan of Hastings and
A. G. Collins ot Hebron as trustees were
accepted and for these and two ether
vacancies the board elected C. O. Wal
lace, J. W. James, A. IT. Jones, John
Puller and r'rert Jeae of Hastings and
H.ev. O. r". McDougal of Orleans.
A committee composed of A. L, Clark
of Hastings and R. M. Lang and M. W.
Poison ef Lincoln wss named to nominate
a man for president.
Or. frisk File tr ResreseatatlT.
NEWMAN GROVE, Nek, March 11-
rspedal. Dr. P. I Frlnk of this city
has -Med for Stat reoresentatlvs an tha
republican ticket for Madison count)-.
HowtobeCertainof
igConstipation
rrajudica Is a hard thing to overcome.
tut where health I at stake and the
opinion of thousand ot reliable people
outers from your prejudice then be
come your menses and you ought to
lay It aside. This Is said tn the Interest
ef people suffering from chronic consti
pation, and It la worthy of tneir atten
tion. In th opinion of legions ef reliable
American people th most stubborn con
stipation imaginable can b cured bv a
brief us ot Or. Caldwell's gyrup Pep
sin. To may not have heard of It be
fore, but do not doubt Its merits on that
iceount. or because ' tt has not been
latently advertised. It It sold very sue
on word of mouth recommenda
1 1. Parents are giving it to their child
r, tc-d-y who were given It by their
:rtnta. n ha been trtithfm.y sukt
that more druggists use It personally la
tmir families than any other laxative.
Letter recently recevled from Mr. Harry
Hachenbuig. Elliott, Iowa, and Mrs. EL
Judlng. Dis. Neb., are hut a few it
thousands enowtvg th esteem In whleh
Dr. t'aidweia Byniv Pepsin Is held. It
Is mild, gentle, non-griping not violent
like saits or cathartics. It cures gradu
ally and pleasantly se that In time nature
again does Its own work Without autsld.
aid. Constipated people owe It to them
selves 'to use this grsnd bowel specific.
Anyone wishing to make a trial of (his
remedy before buying it In th regular
nay of druggist at fifty sent or on
dollar a large bottle (family sis) aa
hav a sample bottle sent to th horn
free of cherge by simply Addressing Dr.
. B. raid ell Washington St., Mon
U.elio, 111. Your name and address ea
I ns.ai esro will d.
Nebraska
Scott's Bluff Club
Sends a Letter to
' Secretary. Fishe
SCOTT'S BLVFF. Neb., March l:
(Special.) There has been much Interest
tn the possible attitude of th secretary
the Interior toward settlers under the
Interstate Irrigation project The Scott'
Bluff club, which holds a most Important
place In the business Aorld of the North
Platte valley, took the matter up and
Placed It In the hands ot a special com
mittee, and. from this committee was Is
sued a letter to Secretary Fisher, which
sets forth in terse language a business
view of the situation, and emphatllcally
recommends twenty-year contracts, and
the issuance ot patents after five years'
actual residence. The letter In part fol
lows:
We earnestly reauest sou to lend dour
suupori io tne bill now beTore rnnrva
iiiruuuce) oy Representative u. p. Kin
kaid, and know n as H. R. 18,39, providing
iumi section oi tne reclamation act. be
amended so as' to extend the uv.
ment of our building charges to a maxi
mum of twenty veara. And that h
charges be so carried m tn ma L th
ursi two or more Installments not more
than II per acre per annum, thereafter in
ortaslng gradually, but not to exceed S3
per acre in any year of th first ten
years of the period.
W would further respectfully request
you to Urge UUOn the MmmlttM nt li-rl.
gwuon oi ana lands and the members of
congress th necessity of srantins ost
eins to an entries unaer the nrovlsltsns
i us reclamation act, after the comple
tion of satlsfactorv nroof aa te Ti.inm
and cultivation, subject to the govern-
mem a nrsi lien ror tne building charges.
The reasons for the sdvlsablllty f this
have been gone over and are too apparent
w iiuu repetition.
GRAND JURY OF SAUNDERS
nttUMMEN03 NEW JAIL
WAHOO, Neb,. March 12.-Speclel.)-
Th grand Jury has returned a number
of indictments, but no arrests have yet
been made. The ry visited the county
poor farm and found that new building
are greatly needed, the present frame
buildings being about thirty-rive years
old. They recommended that steps be
taken as soon as possible to provide a
more suitable place for the county's de
serving poor. A new jail also-Was rec
ommended, the cost of which should nol
exceed I3G.O0S,
Saturday evening about o'clock Miss
Freda Swanson was, attacked by Tom
Mccarty, a carpenter ot this city, at the
was crossing th Northwestern railroad
tracks returning home from herwork at
Smith, Hultln Anderson's store, wher
she Is employed, tier screams attracted
th attention ot some' men passing, -who
hurried to her rescue. . . , ,
Mccarty was captured and placed In
Jail. C. Beaver II also being beld pend
ing a satisfactory explanation of ow hi
hat happened to be left near th place
wher Mis Swanson was knocked down.
Both men are said tn have been drinking.
-"The Favorite iwMMNMWa
of Six Generations"
rtl
Si
i
The Full strength
Full quality
Full purity rye
Distilled. 4 times in copper
(Ordinary whisksy not mart) than, twsn)
: Pay your money tor the genuine.
Bottled in Bond
Each bottle is sealed with
the U. S. Government Stamp.
Its age Is guaranteed by the
U.aS. Government.
Its purity by the Schenk-y
Distilling Company.
Its quality speaks for itself. .
. When you buy Rye, buy Schertfey. At all dealers.
Schenl-y Distining Co, Loccq Pa.
REWARD IS OFFERED FOR
BODIES OF THE DUNHAMS
BIOUX FALLS, stsrch li.-(Specl)
Residents of those portions of Iowa and
Nebraska which are washed by the
water of th Missouri river will, when
th ice leaves the river this spring, hav
an opportunity .to earn $50. for this Is
th amount of the-reward which has
been offered for the - recovery of 'the
bodies of Mr. and Mrs. Charles Durham,
who wrre drowned tome days ago while
driving on th ice. They were returning
fter darkness had set In to their home
on Pease Island when (hey drov Into
sn airhole. The reward Is offered by
H. Mer.ile ot Oeddes, 8. D father
of Mrs. Durham. Th reward ot $300 Is
conditional upon the bodies being found
by April 1. If both bodies are found
titer April 1 11 reward will be paid. If
only ene body-It found betort April 1
1100 will he paid and If only one body 1
found after April 1 th reward will be
$Mi It la believed both bodies have been
swept a considerable distance) down the
river and that they will be wished up on
either the Nebraska or Iowa shores.
EDITOR PARKS MUST ,
ANSWER ASSAULT CHARGE
imoKEX BOW, Neb., March H-tBpe-
i jil.)-Edllor Parks oi the Republican,
who made a sensational gun play on
Superintendent VVynn Jones of th court
hous last Saturday afternoon In fsotu of
the Cugter National bank, has been ar
rested n a cnarg of assault When
taken, before County Judge Holoomb
Park, through hit attorneys, asked for
a continuance. The judge gave the editor
thirty day tn which to prepare for trial
jd placed the bonds at $100. The case
as attracted more than usual attention
y eason of both men being well known
and tha attack tliat have recently been
ado by Parks, through th column of
i s paper, on vthe board of aupervlsora
r certain actions taken by them In
reference to furnishings aoaT interior
.Cu rations for th new court house
&eKMaiiNMige
ffl
Sot
m
tr...,rr
i
I
COUGHS, COLDS, CATARRH
CROUP and CATARRHAL DEAFNESS
Byomei' Will Give Satisfaction in Any of the Above Named
Diseases, or Money Eefunded. Just Breathe ,
" " It No Stomach Dosing. - " .
7ESTERGAARD THROWS
WASEM AND SCOTT IN HOUR
K ARGENT, Neb.. March 12-li-eciai.)-A
urge crowd assembled at the Freeman
pera house her tonight to , witness
Hi throwing af Lee Scott ot WeaterVUl
and Osoar Wesem, one twice, and the
iher onee .ln mm hour by vYestergaard
A Des Moines. In tn first bout West-
rgaard threw . Scott In t!:08 minutes,
.he second bout he threw Wasent In 24
minutes and In the third bout be had
only three minutes left on cott when
lltne was celled. ,
, The preliminary was by Jloy Rtsch
of Sargent and Jim Miadron of WeaUr-
lille, and lesulted In Rasch bringing
KhaOron to th mat in 1: minutes.
Ilowsrsi TCallar was referee.
Nebraska
John 0. Yeiser is
a Candidate for '
Vice President
(From a Staff Correspondent.)
LINCOLN. March li-tSpcclsl.)-Elther
John O. Yeiser has sprung a surprise on
the Nebraska politicians or some one has
sprung a surprise on him. for In the
morning mall of Secretary of State Walt
was a petition asking that Yeiser s name
be placed on the primary preference bal
lot as a candidate tor the republican
nomination for vie president. The peti
tion wa.i sent in by James K. Ryan of
Indianola and th signers, thirty-three
tn number, are ail residents of Indlsnola
or vicinity. As such a petition requires
no acceptance the name will go on the
primary ballot unless withdrawn by the i
man yho filed it or by Yeiser himself.
E. A. Walriith of Polk county sent to
the secretary ot state a petition asking
that the name of W. H. Thompson of
Grand island be placed on the primary
ballot as a sjupullst candidate tor United
Statoa senator. Mr. Walralh was in
formed by the secretary that In order to
get on the ballot Mr. Thompson must
file an acceptance of th petition.
Lew J. Young of Newman Orov bus
filed as a republican candidate for rep
resentative from tho Twenty-sixth dis
trict ..-''
ed Volpp, a member of the last state
senate, has sent in a petition asking to
he put on the primary ballot as a candi
date for delegate-at-large to the demo
cratic national convention.
BOY IS FINED FOR -
. v ATTACKING TEACHER
BROKEN BOW. Neb., .Hnich. 1-1
(Speclai.)-Claude Boyle, a fouth of 1 f
or 17 years, was heavily fined in Judg
Fodge's court' today for assault and
battery against Miss Jessie Lovett, a
young teacher, .who conducts a school
about sixteen miles north of here. From
th evidence. It appears that the boy
went to the schoolhouse door and when
Miss Lovett appeared, made an Insult
ing remark, at the same time grasping
her by the arm and attempting to drag
her outside. The ydbng woman wrenched
herself swsy and succeeded In getting
back - to the school room wher some
pupils yet remained. When taken Into
court, BoMet pleaded guilty to the
charge that had been brought against
him aud was fined t2 and coats. He
was committed to Jail until both fin
and coe's should be paid. Boyles' fat Iter
liven near Bcrwyn, but as yet, ha not
come to Ms son's relief.
Always
the best at
each price
it
Thebnly store that
guarantees its
BLUE SERGES
When we first offered our True Blue Serges
to the public we knew we mere prepared to -euppljsllie
finest serges possible to make.
- We knew the colors would not fade. We
sold them with the utmost confidence and
they always bore out our recommendation of
thorn. So surpassingly good were they, and
so absolutely fadeless, that we've decided
tbat iu tbe future we will put a positive, - :
."stringlees'; guarantee on them. This is tne 1
only store in Omaha with confidence enough.
in its Blue Serges to guarantee their color.
Iu unusual, but this is an unusual store.
; , !
Here's Our Guarantee. Read It!
.If a King-Swansoii Tine Blue serge fades from
natural onuses, ISunlight, Rain, b'now or ordi
nary, wcur-r we will replace it free of charge
with another suit of equal quality and thank
. you for giving us the opportunity of making
good. '
Spring; Models of Supreme Stylishness.
$10.00 to $35.00
Omaha's Only Modern Clothing Stor.
The Home of Quality Hollies. . V
It. yen have anything to eschang. ad
vertise It Th Bee want ad columns.
Chaplain Johnson t
Explains Resignation
TUCUMSEIl. Neb.. Uarch ll.-ISpeclal.)
Commenting upon his resignation a
cliaplaln of the -Nebraska penitentiary
Rev. P. C. Johnson. V. U.. of Tecumseh.
Insists he has hsd the matter tinder ad
vlsemcnt and consideration for several
wocke. Ills action, he says, grows out
of crrtsln conditions that exist Ut the
big prison which he does ' not car t
have anyHtjng to do with, and for Yhh'h
lie does not propose to stand responsible
for In any manner.
Dr. Johnson wants it distinctly under
stood that he has made no speclflo
charges against Warden Oelehanty, and
also that he has always been loyal to
th governor and his administration.'
CAUCUS AT ASHLAND
NAMES 4,WEF TICKET
A8HI,AKD, Neb., Harsh lJ.-tSpeeial,)
A cltltens' caucus held here Monday
night opened the yearly campaign to de
termine whethr Ashland shall be "wet"
or "dry" by nominating candidates for
mayor and rounelltnen who are pro
nounced pro-license advocates. Kx-Mayor
J, B. llussell wss chairman and V. L.
13 ranger secretary and the following were
nominated: For mayor. Dr. 11. W. Mere
dith; for city clerk, J. & LaChapeiie; for
city treasurer, ti. A. Wlggenhorn, Jr.;
councilman, on year; First ward, T. F.
Dalley; for two years. First ward, C. C.
Chapman; tor Second ward, J, A. Sanders;
members of th Board of Education, H. A.
Wlggenhorn and R. J. Rose, As yet no
provision hss been mad by th city coun
cil for a direut expression of Hie people
'
on til llccus question," as bad been dot
In former years, st ths regular April el
tion. and It Is considered certain that
ticket opposed to a saloon 1 loans bein
granted will b named by th tempsrant
advocates. lst year tit town w
"dry" by only flvo votes In a total t
about m vote.
JUDGE LOVETT ANNOYED ,
.i BY REPORT THAT HE IS IL
SALT tiAKB CITY, March 11-Jurti
R. 8. Lovett. chairman of the esecuth
committee of the Union Paelfio Rallwa
company, was much annoyed this more
ing over the rumors printed th th nwi
paper her that he was seriously II
He was up early this morning and a
tended a meeting with local offlolals i
the Haniman system. Judge Lovett an
party left her at W o'clock for tin sas
ticctl for Meat and Woaava
Girls ami Little IhlMrra.
BoTsv : saved its cost many time
. Ibrlla."
la doctor
Da as Mrs. Krrd Kobinson, Hartwkk, HYOMEJ is suae of purest Australian
X. V.. R. F. U. X writes she d d. Read: ( Eocalyptus and Usterkta XVoecxU. , it
"I Wave a IITOMEI outfit and a tt t contain a particl ef cocaine.
tit toy llttl g li. 3b kas always bad 1 oprrai or other iajurious drugs.
nH.li stubbora colsts mat we were badly ! Breath ft fr cotds, cawgbsv eatarrk,
frightened whsatiss so caught oe. WejcxMip. catarrhal deafaeM and bronehttts
t.evcr could get anything that . wtwtd an4 the soothing aatueptic air wni
i7rea u nw row anrii i purrnase HTO- , ouJctly heal the soreness and banish all destroys fewer Uvea tbaa stomach, liver
11 KI. Now. I don t werry any m wk-a I misery. HYOMKI amftt. Including In- and kidney dlsiasis, tor which Electric
we have It as the boose. Tw aa us tm. I haier tlM. extra bottle. ( cents. SoM b-tters Is the guaranteed remedr. te
lettes if u k for I -oertaialj think it .by druggists rrcrrwaer jjor sal by SeiB Pruf Co,
LINCOLN MAN WEDDED TO
YOUNG WOMAN OF UNION
PLATTSMOLTH, Keb.. March li- Spe
cial, t Harvey D. Jenkins of Lincoln and
Miss Fannt Austin of t'alon were mar
ried by Coonty Judge Br? son Oil morn
ing. ','
" Dr. E. D. Cammins has been sppotnted
a member oth Cass County Board ot
lasaaity Commissioners to succeed Dr. B.
F. Brendle. waoae term has expired.
John Clotdt. whs ksd keen a restdeat
ot Plattsmoutb tor tmrty' years and who
bad bees an Invalid and almost Kelpies
for twenty-five year, was burled Satur
day. Mr. Ctoldt left three sons and two
daughters surviving him..
the Baswale rlsvae
So snuch
for so little
Supposeyou could have delivered
in one giant waon all the coal
you burned in the last 15 years
in striving to warm your cottage
by old-fashioned heating. . Then,
if you could see alongside of it a
wagon to contain the far smaller
amount of coal you would burn
in the next 15 years by use of
our ideal heating, the contrast
in fuel-saving would be sa great
that you would gladly put in at
once an outfit of . y
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kipiuh, Wb, tktm. He A turn tfm rit s y n uartj tht sssrstu 6 assesses, ndwtdt tkt wuficml AKCV WANDmU ahf.
wtitkt dminty W ALL At Urt. Jmit. tarnk Unt. tkrtmJi. mtdu. imttrt em. rtc. art Vr witk liiktmnt rmptdin nm a tnm tM teas a tc
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AMERICAN ADIATOlrCMPANY
Writ Department K-M
413-417 Sooth Tenth at,
Omaha . ,
st Cbicst. Mew Tars. Boston. PraeMesK. rbiiadetphi, Wasbiogtas, BahhMra, BuKaaa, Wllsbeiih, Ceretsnd, CMSasatL Demit, Atlaau.
Hew Oraaa, lajlsnaplis, auiwaoss. Oimsh, atlimeapsn.. at- rem, as- vaatt. Ksna wy, uew,aeus.rrua,ss)sasas. a
Braauacd (OoU, tsaSs. Paris, BraestU, Bertia, bssidf f, Mist. Visa
J
,