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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Nov. 13, 1913)
THE BEE: OMAHA, TIUTJSDAY, NOVEMBER 13, 101 a. V r Nebraska, CITY OF FLORENCE MUST PAY Supreme Court Upholds Verdict Scoured by Katherine Qielen. FELL OVER BRICKS ON WALK 3IIKonrt Parltta Tlnllroad Ordered in Par DnmnKn for Strlk InK AVason In mh Count'. (From a Staff Correspondent.) UNCOIL, Nov. 12.-(Bpeclal.)-Th judgment secured by Katherlne Qrelen ngalnst the-city of Florence for $2,900 pecured In the district court of Douglas county is affirmed by the supreme court The plaintiff admitted that she knew that bricks were scattered along tfio Valks where Improvements were, 'being made, but did not know of the eight or ten piles over which she fell and sus tained the. injuries for which she asked and received Judgment. The court holds that the trial court did not err In allowing the Jury to de termine the question as to negligence end as to contributory negligence and af firms the Judgment of' the lower court. Ttnllrond Mast Pfiy. The supremo court also affirmed a judgment secured in district court of ..emaha' county by Charles R. Whlltow egujnst the Missouri Paclflot railroad for damages to a wagon and , water tank which was struck by a train at a crossing. Damaitea for Mill Dam. Another appeal from the Nemaha county district court Involves damages sustained by S. W. & A. C. Maynard, whd own a smalt dam and mill on tho Nemaha river caused by the removal of tho dam because it Interferred with the development of a water power lighting project nearby. Condemnation proceed ings were had and Iho board of ap praisers appointed by the county court assessed, the damages at 3,K0 from vhlcli the new company appealed. The higher court sustained the findings of Iho Board of appraisers and holds that "the proper measure of damages on ap peal from condemnation proceedings to remove a mill dam is the difference be tween the value of tho mill property be fore the removal of the dam and the loss of water power and its value after the removal has taken place. Prospective rroflts which may in the future be de rived are to remote to be taken as de merits of damage." Omaha Garbage Cane. Another case Involves the right of tho City Garbage company of Omaha to tako dead -animals found on its streets or al leys, after entering into a contract with James Whelan to do the work. "Whelan sots out that the garbage company Is hauling away the dead animals and thus takes from him business which keeps him from making it profitable. The court holds that the plaintiff's right to an In junction to restrain the garbage company from interfering with his business is not clear, but as his contract had expired tho court was not clearly wrong in re fusing him an injunction for tbat reason. WOMEN OF HASTINGS PUN EARLY POOL HALL CLOSING t the suggestion of the Women's club tl ellycbuncll (s preparing1 an ordinance providing' Tor closing alt nubile billiard f-.i ivKjthalia In this city at 10 p, m. Vrdcr the-existing ordinance such places urc nei-mltted to run until midnight. Boys vrdcr IS years of ago are not permitted to play In billiard and pool halls here and there Is some llkehood of changing tim limit to 21 .years. As a result of the consolidation of tho manual and automatic telephone plants hero by the .Lincoln Telephone and Tele graph company the city council has asked the company t'o stato whether it pro poses to operate under tho Nebraska Telephone company franchise or the one ranted some years ago to thel ndepen- innt rnmninv. City Attorney Hartlgaii f has ruled that the old Nebraska company franchise is void lor tno reason inai u is a perpetual grant. The Independent franchise provides for the payment of an annual occupotlon ar. based on gross earnings. It the Independent company franchise is chosen by the Lincoln owners telephone patrons In nearby towns will insist on the fulfillment of their con tracts with the Independent company for free connection with Hastings, a serv ice which they now fear the IJncoln company will undertake to discontinue. The new Hastings building of the Lincoln company Is n earing completion and consolidated service Ms promised as soon as the new plant can be finished. Plans are"bellng made for a social event to mark the opening of tho Clarke hotel, which the lessee, J, M. Teellng of Water town, 8. D., promises will be ready for occupancy by January 10. The affair wllll be held under the "auspices of either the Chamber of Commerce or a local or Sanlzatlon of traveling men. The forthcoming term of the . district rnurt of Adams county.whlch will open on November 17, will be notable as having the smallest number of divorce cases pending of any term in the last ten years, there being only fourteen out of a total of 115 clvl cases. One of the criminal cases pending Is that of John K. Kerr of Boseland, Neb., charged with arson In conneetlon with he fire which recently destroyed several r th hxt business buildings in 'that town. Kerr Is the first man to be tried J here on a narson charge in many years, j The' third annual term or the Hastings publlo night school opened last night with twenty pupils enrolled. Breaks a Bad Cold in a Jiffy! Try It 'Fapo's Oold Compound" ends cold and grippe in a few hours Don't stay stuffed-up. Tou can end grippe and break up a se vere oold either In head, chest, body or llmba bj- taking a dose of 'Tape's Cold Compound" every two hours until three doses are taken. It promptly opens clogxed-up nostrils and air passages In the head, stops nasty discharge or nose running, relieves sick headaohe. dullness, feverlshness, sore throat, snoeslng, soreness and stiffness. Don't stay sttiffcd-upi Quit vblowlng and snuffling! Kase your throbbing brad nothing els In the world gives such prompt relief as 'Tape's Cold Com pound," which costs only 23 cents at any drug store. It acts without assistance, tastes ntae and causes no Inconvenience. Be sure and get the genuine. Advertise ment. Nebraska, NEWS NOTES FROM YORK AND YORK COUNTY YORK, Neb., Nov. 12.-(Speclal.)-Tlift 1913' tax list for York county hns been completed. It shows a decrenso In tho valuation of property and an Increase In the' amount of tax: Total valuation, 1913 P.lSU.JfiT.OO Total 1912 tax 2H.1G0.M Total valuation, 1913 9,1(7,223.00 Total 1913 tax 322,751.81 Henry Schrcle, a farmer living five miles east of Waco, lost seven head of horses last Monday. Several days ago twelve horsps broko Into a lot where there was a large quantity of ground feed prepared for hogs. Soon after eat ing the food they became 111. It Is be lieved at this time tho otlier five will die. Mr. Scheele's loss at present is estimated to be $1,31)0. j The case of the "State against Frank Oalrdlner, formerly manager of York'B league ball team, was called In district court, but he did not answer. He Is charged with committing an assault to do great bodily Injury to Harry Hall, whom he beat over the head last sum mer with a ball bat, and sent him to tho hospital for several weeks. It Is said he Is detained in Indianapolis, where he Is held on another charge of assault. Ho Will havo during this term oftourt. which will be continued until February, to make his appearanco before his bond of JSOO Is forfeited. Mrs. Chester A. Fots died Tuesday morning, aged 30 years. Sho Is survived by a husband and five children. Tho funeral will bo held at Shlloh church Thursday morning at 10 o'clock. Lively Contest On for Madison Postoff ice MADISON, Neb., Nov. 12.-(Ppecla1.)- uwing to the near approach of the ex piration of Postmaster Beeor's commis sion, there Is considerable activity among postofflce candidates. The avowed candldalo is Fred H Davis, Madison's populan mayor, who enjoys tho distinc tion of) being a nfttivo son of Madison county. Mr. Davis Is a lifelong democrat, who has given of his time and means liberally for tho party's success and now for the first tlmo seeks an office. It. C. Hasklns, late candidate for the stato legislature on the democratio ticket, Is also an aspirant. Mr. Hnaklus Is a respected citizen of Madison and a pioneer of Madison count,rB.nd no doubt has many friends who number thom sclvcs as patrons of tho Madison post-office. j Another candidate Is A. K. Donovan, editor and proprietor of tho Madison Stnr-Mnll. He too Is a native son of Madison, well known as n young mnn of thrift and Industry, a loyal democrnt ami one who .has recognised claims on his party's patronage. Now that tho political atmosphere has cleared Bomowhat and several aspirants have made their Intentions known, others may take a chanco shot at It on tho theory, tho moro tho merrier. It Js ox pected In tho near future County Chnlr- man Bates will arrungo tho preliminaries, designate tho referees and call time, when the long-anticipated fight will be cn In earnest. I Oakland flanker1 Is Dead. OAKLAND, Neb., Nov. 12.-(Speclal.) Frederick Renard,- one of the pioneers of Burt county, is' dead at his home here at tho age of S3 years. He was born in Germany and came to Nebraska in 1857, settling' at Arlington. He moved to Oakland In 1870 and engaged In the banking and milling business. Ho was one of tho wealthiest men in the county. Key to the Situation Bte Advertising. NEBRASKA OFFICIALS PICK OUT ROUTE SOUTH (From a Staff Correspondent) LINCOLN. Nov. 12.-(Spoclal.)-As an indication that there may be a chanco for members of tho Nebraska National Guard to distinguish themselves on ac count of the Mexican situation, George A, McNutt of Kansas City, district pas senger agent of the Missouri, Kansas' & Texas railroad, was at the stato house this morning conferring with Governor MOrehend nnd Adutant General Hall re garding transportation of the Nebraska troops over that road to Mexico. After his conference with Governor Morehead he spent some time In tho of fice of the adjutant goneral and with tho Btaff of the latter went over the plans very thoroughly. General Hall had noth ing to give out on the conference nnd said It was Just a little meeting to seo whnt the road had to offer In the way of quick service If It was needed. j---iH--l!i-- i Not a bit too early to choose those new quality clothes for Thanksgiving y Wonderfully attractive values in Suits and Overcoats at Sir" .tfon . o UP ds3--0&mb III "77.- M fib Store with a conscience' I TO $50 BOYS' CLOTHES Special Value Suits 5 Dozoiib of tho choicest pattorns, many with extra trousers, cither Norfolk or Double HrcnatGil styles, Biros 6 'to 10 years i built for sorvlec, yet unusu ally stylish. Best O'Coat Values Our leadership Is ngnln demonstrated by our extensive showing ot Hoys' Overcoats--hun-drcds ot garments in It seems as though all Omaha is buying clothes now for Thanksgiving. Everyono wants to bo roiuly for tho groat dross-tip occasion of tho year don't delay your purchase until tho last dny or so stop in now and try on somo ot theso now suits or ovorcoats. Tb Suits . Drossy and smart suits for winter wear, In thu newest weaves and tho nowest colore and pat torns, specially tailored for men who want tho best. Th Overcoats Tho correct and propor things In overcoats for both men and young men. Hvory.new stylo Idea Is to bo found liore, coatB for "host" wonr, nd mado extra well tth that Idea In mind. J1 KING-PECK CO. HOME OF QUALITY CLOTHES" Sixteenth at Howard Street 0ra-I3E-l-ESaS Xeirs Xotrx of Arlington. ARLINGTON, Neb., Nov. 12.-(Speclal.) A good roads meeting and banquet was held hero Tuesday evening. E. R. Gur ney, president of tho Commercial club, and State Senator Wolz of Fremont were present and spoke on good road building. Lieutenant Governor McKclvIo of Lin coln and D. M. Carr of Omaha were also speakers. Corn husking Is in full progress and tho yield Is good, considering last summer's extremely dry weather. The flolds aro averaging from twcnty-flvo to forty bushels per acre and some run as high as fifty bushels per acre. RAILWAY BOARDUNDECIDED UPON DATE FOR HEARING (From a Starr Correspondent.) LINCOLN, Nov. 12.-(6pcclal.)-A con ference of the members of the Stato Rail way commission was held this' morning on tho proposition of rcadustment of freight schedules brought out In the hear ing held about two months ago, but camo to no definite conclusion as to the date on which tho railroads will be given a hearing. It Is understood that tho trans portation companies will prepare a new schedulo which will be about SO per cent higher than No. 19, which was prepared by the commission. Hnrlnn Woodmen Will Hare rtnll)-. ALMA, Neb., Nov. 12. (Spcclal.)-llon. J, W. MoKlssIck, member of the last legislature from Gage county and .dis trict deputy for tho Modorn Woodmen of America, arrived In Alma yesterday to arrango for a county rally of the Woodmen at Alma on November SO. A. R. Talbot, head consul of the order, will address the meeting and Stato Deputy 13. E. Kester will exemplify the work atl tho class adoption. Attorney C. 7". Simp son of Orleans Is on tho program to re spond to the address of welcome by County Judgo J. L. Becbo ot Alma. Every camp In the county will partlcl pate In tho meeting. I ' - Derrick Otcrtnrns on llrlilRP. ASHLAND. Ncb Nov. 12.-(BpcclaU- Main line Burlington trains were uo layqd several hours this morning by the overturning of tho big derrick car used In the building o ftho new I'lntte river railroad bridge near this station. The accident was caused by attempting to lift too heavy a load, throwing the arm ot the machine partially Into tho river about D:30 a. in. Train No. 15, due hero at 10:05 a. ni., hail reached Gretna when tho accident occurred and had to be de toured back through South Omaha and Oreapolls on the Schuyler line, reaching hem at 12:45 p. m. None of the bridge workmen was hurt In the acpldeut, but Elmer Shaw, John C. Hale and others received an Impromptu ducking In the river by Jumping out of tho way. Tho derrick was not righted until afternoon. .Most Wonderful llrnllnir. After suffering many years with a sore, Amos King, l'ort Uyrln, N. Y was cured by Bucklcn's Arnica Salvo. 25c. For sale by all druggists. Advertisement. ORCHARD & WILHELM CO. announce for MONDAY, NOV. 17th The GREATEST RUG SALE ever held in Omaha Every rug in this immense assortment is priced at Less Than Wholesale Prices Jn order to give everyone ample opportunity for selection this entire lot of,rngs Will be Displayed on the Main Floor Friday and Saturday, the 14th and 15th Watch newspapers for further ipiirticulnrs. t - . COLFAX COUNTY DOESN'T WANT NEW COURT HOUSE SCHUYLER, Neb., Nov. .-(Spcciut Telegram.) A special election was held In Colfax county today submitting the proposition of voting bonds to erect a new court house. Reports from ten pre clncts out of fourteen defeat the proposi tion by a majority of ltt votes, For Children There Xothlna Belter. A cough medicine for children must help their coughs and colds without bad effects on their little stomachs and bowels. Foley's Honey and Tar exactly fills this need. No opiates, no sour stom ach, no constipation follows Its use. Stuffy co'ds, 'wheeiy breathing, cough nnd croup axe all quickly hejped. and seet refreshing slumber Instead of feverish toislng at night. It is easy therefore to understand why an Increas ing number of bottles of Foley's Honey ad Tar Compound Is sold yearly. Adver- HB I The various mulces of pianos I I for this great co-operative I I bV. Mr. M. M. Jtouinson I I and upon arrival are bting D 4rHfl7i I tested and in$ptcttd by l'rof. I .sMf-SckSb Jean Gilbert Jones. SIJT All records of piano selling surpassed The success of this co-operative sale has been almost electrifying THE success of this sale was foretold the day it opened. It started out a success and has kept it up ever since. The Piano department has been as busy as a bee or any other department, where thousands of things are sold instead of a few. 'Up to this writing we have sold and delivered just seventeen instruments more than the probable sales for the given time which means that the sale will close from a week to two weeks earlier than we had expected. Remember when three hundred pianos and one hundred player-pianos have been sold the sale ends. Not another one of these instruments will be sold at these prices, upon these terms, or upon this plan. So come NOW. Success due wholly to this mutual plan Co-operation and concentration did it. The plan has done it nil. You got a good, durable piano, -worth three hundred nnd fifty dollars of any body's money, for two hundred and forty-eight dollars and seventy-five cents. This was a saving of one hundred and one dollars and twenty-five cents to begin with. You paid five dollars when you selected your piano, leaving two hundred and forty-three dollars and seventy-five cents to bo paid. To pay this balance you were allowed one hundred and ninety-five weeks time. This made tho payments amount to only one dollar and twenty five cents a week. You could take the full time one hun dred nnd ninety five weeks or not, just as you wished. If you paid in shorter time, you earned mid were, paid a cash dividend of fifteen cents a week. After tho balance of two hundred and forty-three dollars and seventy-five cents was paid, thero there was then no further interest or payment of any kind to be met. Copyright, 1915, by Stone McCarrlck, Inc. How to obtain oeo' aesenia os hy our co-pper tv r di To take advantage of this unusual sale, all you have to do Is to send or. bring In five dollars, for which vie will give you a receipt. This five dollare la credited to your account on tho co-operative books leaving two hundred und forty-three dollars and Beventj"-flve cents to be paid. The co-operative plan then allows one hundred and ninety-five weeks' time In which to pay this amount at the rate of one dollar and twenty-fjve' cents a week. There are no further payments of, any kind to be met. You can select a piano at once tomorrow next day next week'or any other time convenient to you. It will be delivered immediately next week or ne3tt monjh, The time you select your piano and the date of delivery is wholly optional with you. If not convenient for you to personally select your plaho we will make the selection for you under your Instructions, with the understanding that, it at the end of thirty days' trial the piano is not sat isfactory, we will refund your money. You could get your money back after a thirty days' trial, If you wished. If you kept the piano you could exchange, it without loss at any time up to within ouo year from tho day you bought it. And all unpaid payments were voluntarily can celled In the event of your death while you wore still paying for the instrument. Des!dc3 this you got tho protection of a Joint guarantee, signed by both 'tho manufacturers and ourselves, protecting you abtoiutely for fivt ytar. What moro could have been given? What moro wished? Could you have suggested uin- further privileges or conditions that would have been of advantage to you. pivor TrAc a'crr ot 5HTI Ttlf One llynclred rlayer-planos aro also being sold on this co-operative plan. Tho usual price of tlicso player-pianos Is five hundred and fifty dollars each. . The co-operative price is three hundred und ninety-five dollars, with NO 1NTHKEST to ie added. The player-piano will hIso be delivered immediately upon the pay ment of five dollars. The payments aro two dollars a week glvlnc you one hundred snd nlnoty-flve weeks' 'time in which to make the payments the same as on the piano. The tame unconditional guarantee that Is given on the piano Is iriven on the player-piano. You can alHo'get your money back at any time within thirty days. You get the sanio privilege of exchanging within u year, as that given with the piano. .. , . All of tho unpaid balances wU be voluntarily cancelled In event of death. Also a player-piano bench and nine rolls of music (your own se loot Ion) are Included without extra charge. We attribute the success of our Player Department larcelv to y iho fai t that we have been careful to select only aqch flayer- j-iunus tust wouia not oniy give sausiaeuon to me purcnaser, uu that would lend prestige to this department of our business. We believe that ue have sold incfro Player-Pianos than any other piano concern In this section of the country, and in this great ('o-operatlve Sale we have been careful to select only audi Player Pianos that can be sold upon, not only the manufacturer's guaran tee, but OCIi qUAUANTKK. All of tho features of the co-operative plan are carried m out In offering the player-pianos, with the mg.V exctption fi that the terms on tho player-piano uro two dollars a week instead of - as on the piano- one dollar and twenty-five cents a week. Copyright -Sir. by Ston & McCarrtck, Inc