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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Sept. 29, 1912)
TI1E OMAHA SUNDAY BEE: SEPTEMBER 29, 1912.
' - I.. -i -.1. '
S PLEA TOO LATE
Former Mayor of South Omaha Loses
Supreme Court Fight.
VOLTJKTAEILY YIELDED EIGHTS
Lesrtslature's Change of Law Proves
literal Court Hold with Vl
sonhaler on Mooted Fee
Case from Doaarlaa.
(From a Staff Correspondent.)
LINCOLN, Sept 28.-(SpeclaL)-Br-Mayor
Tralnor of South Omaha had a
j-IeKal right to hold his office at the time
-i me last municipal eieouon, accoroing-
to the decision of th supreme court to
day.' ' ' :'
He yielded office after Mayor Hoctor
was elected and because he with other
. old officials turned over melt places to
incoming officials the supreme court
holds that they cannot now get them
. back. .
The,' case was entitled to the 'state of
Nebraska against Patrick J. Tralnor,
mayor of South Omaha ,and Frank II.
Good, city clerk. The last, legislature
changed the law. Tralnor and Good as
mayor and clerk, respectively, were
ordered to call a primary and general
election in advance of the time when, as
they contended such election should have
been called. They complied with the
order and called the election. Thereafter
on oresentat'on of their certificates of
election by Thomas Hoctor and August
Miller elected as successors to Tralnor
and Good, the latter turned over the of
fices to the parties elected. ' Later the
district court found the law of 1911 .un
onstitutlonal and Tralnor began suit to
get back the office. The supreme court
row holds that inasmuch as the officials
turned over their offices voluntarily they
could not" now get them back. '
Larson. Case Uenianded.
1 Anothr case handed down by the court
I was Frank V. Larson, plaintiff in error,
against the state of Nebraska. In October,
1911, Larson killed his brother, Charles,
I who for months had sustained criminal
relations with his brother's wife. Larson
was found guilty Un the district court of
Burt county of murder In the first de
: glee,- ftiiil appealed to the Supreme court
the grounds of unsound mind at the
Hime of the killing. The court reverses
the verdict of the lower court and re
mands the case for a new trial.
Decides for Vlnsonhaler.
The case of the American surety com
pany against Judge Duncan M. Vlnson
haler of Wouglas county, wherein the
county of Douglas had sued the defend
ant and) the surety company, jointly, for
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tees claimed by the county to have been
wrongfully withheld by Judge Vlnson
haler, the district court holding in favor
of the defendants. The American Surety
company then sued Judge Vlnsonhaler
for expenses incurred in the suit and
lost It then appealed to the supreme
court, which hold in favor of Judge
Snpreme Court pinion.
Following opinions were filed:
Smith against Potter. . On motion for
rehearing former opinion modi tied; Just
ment of district court reversed. Hamer,
J. Sedgwick, J., concurs only in result
reversing Judgment. Letton and Hose,
J. J., dissenting.
Hoffman against Chicago & Northwest
ern Railroad company. Reversed and
remanded. Rose J. Letton J., concur
ring in part Fawcett, J., concurring
separately. Reese, C. J., dissenting.
Sanford against Saunders county. On
motion for rehearing former Judgment of
affirmance Vacated and set aside; Judg
ment district court reversed and cause
remanded. Barnes, J. Fawcett and
Hamer, J. J., dissenting in part. Letton,
J., disjvints. Rose, J., adheres to former
opinion. Reese, C. J., not sitting.
Carpenter against. Schnerle. Reversed
and remanded with directions to grant a
perpetual injunction against both de
fendants as prayed in plaintiffs petition.
Fawcett J. Sedgwick, J., dissenting.
Letton, J., not sitting.
Booth against Andrus. Reversed and
remanded. Fawcett J. Hamer, J., not
sitting. Rose, C. J., dissenting.
Harris against Lincoln & Northwestern
Railroad company. , Reversed and re
manded. Barnes, J. Sedgwick, J., con
curs tin the result reversing the Judg
ment. Letton, J., concurs in part and
dissents Jn part Reese, C. J., not sit
ting. Marsh against Village of Trenton. Af
firmed. Hamer, J. Sedgwick, J., concurs
only in result affirming Judgment Rose,
Heywood against Heywood. Affirmed.
Hamer, J. Rose and Sedgwick, J., con
cur in result affirming Judgment
Crites aganst The Capital Fire Insur
ance company. Affirmed. Letton, J..
Forrest against Nebraska Hardware
company. Affirmed and remanded.
Reese, C J.
Breedlove against Gates. Affirmed.
Exchange bank of Ong against Clay
Center State bank. Reversed and re
manded. Fawcett, J.
Drake against McDonald. Affirmed.
Cooper against Coad. Affirmed. Few
Cooper against Hail. Affirmed. Faw
Case against - Haggerty. Affirmed.
Reese, C. J.
Carlon against City Savings bank. Re
versed and remanded. Rose, J. Sedgwick,
J., concurring separately. Letton and
Fawcett, J., dissenting.
American Surety company against Vln
sonhaler. Affirmed. Sedgwick. J.
Red Willow county against. Peterson.
Reversed and dism-ssed. Reese, C. J,
Reese, J., took no part in decision.
Boxa against Boxa. Modified and af
firmed. Hamer, J.
George against Prachell. Affirmed.
Hamer, J., Rose, J., concurs in affirm
ance; Sedgwick, J., concurs in result af
Holladay against Rich. Judgment of
district court reversed and conveyance of
land by deed to William Henry Rich set
aside; also, notes and mortgage executed
Dy said Kicn and delivered to Milton col
lege, and title to the land In controve:?y
quieted in Kate M. Holladay. Hamer, J.
Sedgwick, J., concurs only in result re
versing Judgment Rose, J., dissents.
Gaster against Batate of Gaster. On
motion for rehearing, motion overruled.
Smith against Palmer. Judgment of dis
trict court reversed with instructions to
overrule motion to retaz costs. . Rose, J.
Grout against Mayer. Affirmed. Faw
Realty Investment Co. against Shafer.
Reversed and remanded. Rose. J.
Kanert against State, Reversed and
remanded, 'Sedgwick, J.; -Rose, J., dis
senting. , ,
Larson against State. Reversed and
remanded. Sedgwick, J.; Letton, J., con
curring separately; f awcett, J., concur
ring separately; Rose, J., dissenting.
Hartwig against Bauer. Affirmed. J-etr
ton, J. ' -
Stratton against State. Judgment dis
trict court reversed and defendant dis
charged. Letton, J.
State ex rel. Hoctor against Tralnor.
On motion to' dismiss appeal. Motion
sustained. Appeal dismissed. Fawcett, J.
Following , are rulings on motions for
Sanford against Saunders county. For-
Valentine Sexton Would
Keep Enemies from Burial
The lively town of Valentine, Neb.,
boasts some unique characters, but none
quite so well known as Irwin H. Emery,
who is a regular J. Perp Morgan in his
way. He is a monopolist in that he
controls the entire cemetery situation at
Valentine. He also threatens to make
good use of this power, for he has often
singled out an individual with whom he
Is at outs and has said that he cannot be
buried In his cemeteries If he dies.
"Windy" Emery is a veteran of the
civil war and was one of the men who
captured Jeff Davis when the confederate
president attempted to escape in woman's
He is a veritable grouch. It is related
that at one time he became sore at the
railroad company and some hardware
men In Valentine at the same time. To
beat them both he came to Omaha,
bought hardware his friends wanted and
then deadheaded the hardware to Valen
tine in trunks checked on tickets of
ranchmen who did not have trunks of
their own to check. He sold the goods
at less than cost and did a thriving busi
ness. "Windy" never buys clothes or shoes
or anything to eat, but saves every
cent he earns. It Is known that he has
many cans of JIO gold pieces planted In
some secure cache somewhere around
Valentine. He was at one time Induced
to produce some of these when he was en
gaged in a little love affair and hoped
by the display of his gold to w4n the heart'
of a fair woman.
Every one in the surrounding country
knows Windy, for his operations against
the merchants and railroads extended to
-1 ft IS :
IRWIN H. EMERY.
several towns up and down the North
western road. While Windy does not
care for notoriety, he made no objection
to posing for his picture.
T. R. LOSES FRIENDS DAILY
Traveling Public Give Indication
of How Wind Blows.
LESS MD LESS MOOSE TALK
R. W. McGinnts at Lincoln Tells
How Sentiment Is Among- People
Who Have Traveled Over
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Swift and Company.
Telephone company. Overruled.
. First National .bank of Superior against
i Yortv against J. I. Case Threahlnir Ma-
j chine company. Overruled.
I Wllller against Cummlngs. Overruled.
I Hill against Chamberlain. Overruled.
Fullerton against Fullerton. Overruled.
! Farmers bank of Lyons against Dixon.
j Wessel against Havens. Overruled.
Burdick against Kaelin. Overruled,
t Bell against Ding-well. Overruled.
Hall against Cornell. Motion for re.
hearing overruled; motion to set aside
order of dismissal and to reinstate action
Verdon State bank apalnst Cornell. Mo
tion for rehearing overruled ; motion to
set asiae oraer ot dismissal and to rein
state action overruled.
NEWS NOTES FROM SCOTTS
v BLUFF CITY AND COUNTY
SCOTTSBLUFF, Neb., Sept .-(Spe
cial.) Work on the sewer has been
stopped. The contractors, Donahue &
Peterson of Omaha, state that it is im
possible to proceed at present according
to the specifications, owing to the condi
tion of water, In the soil. Just what ac
tion" will be taken by the council Is not
The injunctions initiated by Councilman
W. F. Young against the city clerk
Issuing warrants on bills allowed by the
council, on funds for which there was no
appropriation made by .the council, and
been sustained. There are something like
$1,500 of Indebtedness .that has not been
provided for and the holders of some of
these claims against the city have in
itiated suits to place their claims In
judgment- The city attorney, mayor and
a majority of the council say they will
not resist these actions, and some of the
citizens claim that the bills were Illegally
Incurred and will appear for the city to
try out the merits of each case.
. The big whistle at the sugar factory
will blow the signal for the machinery
to start Friday night The output of fin
ished sugar will be at the rate of about
one long ton every nine or ten minute.
There will be about seven tons of sugar
every hour for the campaign, or 150 tons
every twenty-four hours until about
February 1. The total amount that will
be paid to the producers of beets In this
county will run almost $1,000,000. And the
total paid for labor at the mill will ap
proximate about half as much. These
are the direct results of the agriculturists
here.. The by-products and associate in
dustry fit feeding will add $500,000 more
of profit to farmers and feeders in this
The Star and the Herald of this city
have been purchased by A. B. Wood of
the Courier and H. J. Wlsner, and they
will be consolidated as the Star-Herald,
published by the Star-Herald Publishing
company. The transfer took place wtlh
this week's issue.
(From a Staff Correspondent.)
LINCOLN, Neb., Sept 28.-Speclal.)-"In
my opinion." said R W. McClnnls,
general ticket agent of the Northwestern,
this morning, "the cause of Theodore
Roosevelt is losing ground. "I base my
opinion upoh remarks I hear from the
traveling public, who are probably In
a better position to dope the public sen
timent than most any other class of
"As a sample of what I hear every
day," said he, "a gentleman came Into
our office yefiterday to secure sleeping
car accommodations and In the-course of
conversation stated that he was from
New Jersey. I said to him that I sup
posed everybody in New Jersey would
vote for Mr. Wilson but he replied that
not all of them would do so. He said
that he traveled for a hardware firm and
his trips carried him from coast to coast
several times a year. "I have been par-
tucajtrly struck the last few weeks," said
he, "by the apparent falling off in the
Roosevelt support Two months ' ago
thought there was nothing to It but
Roosevelt but now I think his chances
for landing the presidency are very slim.
In fact, I do not think that either Taft,
Wilson or Roosevelt will have a majority
In the electoral college and, I expect to
see the election up to congress. In that
event it will mean the selection of Presi
dent Taft, for I think that there are a
large number 'of democratlo members
who will vote for him in preference to
seeing the election go to Roosevelt."
spite of the cold, expecting to see a fast
game; Instead they saw the locals trim
Carroll. 16 to 0.
The town council rejected all bids on
the extension of the waterworks as they
were all higher than the engineer's
figures. Another letting will probably be
advertised In the near future.
' Farmer Has Both Legs Broken.
BLOOMFIELD, Neb., Sept. 28. (Spe
cial.) George Barlow, a farmer living
some miles northeast of this city, met
with a very bad accident today while
driving a gasol'ne engine. He slipped an 3
fell under it and the wheels ran over his
both-legs, breaking them both badly. He
was taken to the city hospital, and his
attending physicians have hopes that his
legs will be saved.
Persistent Advertising Is the Road to
Notes from Colerldse.
COLERIDGE, Neb., Sept 27. (Special.)
The annual grain' and. produce exhibit
Is the largest and best , that ' has ever
been held in the town. In spite of the' cold
inclement weather. The large tent is
pabked to Its capacity with all kinds of
farm products, the quality of which speak
for the productiveness of, Cedar county
farms. The ball, game was a disappoint
ment as V large crowd bad gathered, In
Judge J, R. Thompson
Is Dead at His Home
GRAND ISLAND, Neb.. Sept 28.-(Sp
cial Telegram.) Ths funeral of Judge J.
R. Thompson will be held at his resi
dence in this city Monday- afternoon at
John Richard Thompson, formerly
Judge of the district court and In the
days when the populist party was In the
ascendancy candidate for nomination for
governor and supreme Judge, passed
away at bis farm home, twenty miles
west of this city, last night at the ase
of 62 years of consumption, from which
he had been a severe sufferer for some
months and slightly affected for a num.
ber of years. He leaves five children,
Mrs. Dr. Farnsworth, Mrs. Grace Jones,
Mrs. Kate Carr, John P. Thompson and
Mrs. D. W. Musser and two brothers,
Hon. W. H. Thompson, state chairman
of the democratic committee, and Rosa
Thompson of Iowa. Mr. Thompson was
a native of Ohio and came to Iowa with
his parents in 1864 and to Grand Island
In 1879. He was twice married, his first
wife departing life in 1888, and the sec
ond, to whom be was married In 1900, In
KERR PRAISEWHE GUARD
Inspecting Officer of Regular Amy
Reports on Work.
LETTER TO ADJUTANT GENERAL
Major Blrkner's Hospital Corps Com
pllmentf d First Koalmrnt's
Activities at Pole Moun
Bryan Will Sneak at Falrbnry.
FAIRBURY, Neb., Sept. 28v-Special.)-The
Jefferson county democrats met In
the court room at Falrbury and organized patched by the quartermaster to meet
(From a Staff Correspondent.)
LINCOLN. Sept. S.-(Speclal.)-Adju-tant
General E. M. Phelps has received
letter from Captain Robert W. Kerr f
the medical department of the United
States army, who acts as the inspecting
officer of the regular army. In which he
gives the hospital corps of the Nebraska
guard a boost and gives Major Blrknur,
who has charge of the medical corps, an
especially good recommendation. In
speaking of Major Birkner he says:
"One of the best militia officers that I
have served with." He reports the major
excellent In his knowledge of field serv
ice, professional qualification and teal,
and very good In his knowledge ot army
regulations, manual of the medical de
partment, knowledge of blank forms and
internal administration of sanitary organ
Of the other officers, Captain Joseph
R Cameron, Captain Ernest J. C. Sward,
Captain George E. Spear, First Lieuten
ant John I. McGlrr and First Lieutenant
Frank L. Borglum, the Inspector says:
"The above four medical officers have
a limited knowledge of army regulations,
manual of medical departent, field service
regulations .blank forms and Internal ad
ministration of sanitary organizations.
They are qualified for the service, and It
would be of great help to them If, In the
comlnu year, they could camr with a field
hospital of the regular service.
The enlisted men are marked "excellent"
In soldierly appearance, school of the de
tachment. manual of the litter and
manual of the loaded litter, knowledge
of equitation, very good in bearer work
without litter and in practical and
theoretical first aid. The noncommls
s'oned officers are marked "very ef.
ficlent" In leadership and efficiency. The
corps took charge of litter squads on one
general field maneuver at the Grand
The Inspector further says: "This de
tachment of the hospital corps Is an
orderly body of men, prompt at foiina
tions, and free from th use of intoxi
cants In eamt.
In regard to the efficiency ot the corps
for field service, Intitnsing Its personnel
to war stre.istn n nil allowing one month
for training In a concentration camp, the
Inspector says. "The enlisted personnel
w:th one months training would be
most efficient organization."
He considers the weakest features of
the organization its lack of field work
and small attendance at camp. The most
encouraging features, he says, are the
attitude of the men towards Instruction
and the efficiency of Major Blrker as a
medical officer. The Inspector says he
was Informed that part of this field hos
pital camped at Pole Mountain, Wyoming,
during a part of the time army maneu
vers were held there.
First Regiment Record.
That the work of the First Nebraska
guard at the camp at Pole Mountain the
latter Part ot July and fore part of Au
gust was creditable in all respects and
received the commendation of officers
of the federal troops, is the substance of
the report filed at the state adjutant
general's office this morning by Colonel
G. A. Eberly. officer In command. The
cariip of the guards, the drilling and gen
eral military bearing were the subject
oi many compliments oi tne federal officers.
That a large part of the equipment lost
ny tne guards in getting to and from
camp was due to the conveyances pro
vided by the quartermaster of the fed
eral troops is the statement of Colonel
Eberly. In a driving rain and in the
middle of the night the Nebraska guards
arrived at Laramie and wagons insuffi
cient to carry the equipment were dis
a Wilson and Marshall club with flfy
members. W. H. Barnes was - elected
president and E. A. Wunder, secretary,
and S. M. Bailey, treasurer.. Arrange
ments were also made for the ' Bryan
meeting to be held In Falrbury next
Wednesday, October 2. A reception com
mittee will go to Beatrice to meet the
distinguished Nebraskan. Mr. Bryan will
speak at the city park at 3 o'clock.
Frnnkltn Progressives Meet.
UPLAND, Neb., Sept. 2S.-(Spedal.)
The Franklin county progressive con
vention and the Twentieth -senatorial dis
trict progressive convention were held In
Franklin today With a large attendance,
all parts of the county .being represented.
Bert Weller of Bloomlngton was chosen
as county chairman and a full set 'of
committeemen were appointed. The
county and senatorial republican candi
dates were endorsed. Senator Sackett
addressed the meeting in a two hours'
' Persistent Advertising Is the Road to
them. As a result much was left behind,
cojonel Kbeny says credit Is due to
Adjutant General Phelps for his co
operation which made the movement of
the troops to and from Pole Mountain a
success. He closes with this comment
on the record march made by the regi
ment: "On the morning of the tth the regi
ment broke camp, crossed Pole moun
tain, and with a swinging, tireless step
marched through Cheyenne pass and ar
rived at the point of entralnment In five
hours and forty minutes from the time
the rear of the regiment had cleared the
camp ground. This, too, notwithstanding
the commanding officer delayed the
march more than forty minutes en route.
"If the conditions be considered under
which this march was made, It certainly
reflects credit on the organization, and
is, so far as the regimental commander
is advised, the best record for marching
ever made by any regimental organisa
tion of the guard In this state.
"It is with pleasure that the command
ing officer reports that the conduct of
the men of the regiment notwithstanding
the hardships experienced, was ex
emplary throughout and such as to re
flect credit on the name of the state,
whose flag the regiment carried. And
In this record of credit and of praise and
commendation had. the commanding offi
cer feels Impelled to say that both regi
ments of our state should in Justice
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Those desiring to view the parades Tuesday after
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and who expect to come down town on the street cars,
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This company has made unusual preparations to
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Afternoon parades begin at 2 o'clock and the
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