3
Nebraska,
Nebraska, .
Nebraska,
TITO REK: OMAH , FRIDAY, DKCKMBKll 5, 31)13.
AFFIRMS DOUGLAS JUDGMENT
Supreme Court Says Haydcns Not
Liable in Hurst Suit.
REAL ESTATE CASE IS DECIDED
I.llllnn Mnnl Wln In lllRlier Court ,
In Soil AftnlnM Cole-McCnuue
County I'Vrn Mtiol lie
Tnrneil Over.
(From a Staff Correspondent.)
LINCOLN, Dec. 4.-(Speclal.)-Thc su
prenio court toda'y affirmed the JuilKment
of the district court of Douglas county
In the case brought by Marie Hurst,
Administrator of the 'estate of Thomns
lluhst who died from blood poisoning
taiircd by stepping on n nail In the
meat department of Harden Ilros. of
Omaha. Suit was brought against the
company and also against Martin Ileum
who ran the meat business for Harden
Hros. on a percentage. The evldenc
ihown that Harden Bros, had noi Interest
In tho business run by Ileum, other than
lecevlng a percentage of the profits, and
thchefore could not be held
Ilrnl Untitle Tlenl Settled.
The court affirms the Judgment of
the district court of Douglas county In
a judgment secured by I.llllan Maul
against Raymond V. Cole of the real
estate firm of Cole & McCague in
which the plaintiff sued for damages
kustnlned because of the withholding
from sale of a certain ploco of teal
tute placed his hands for sale, the
plaintiff setting out that Cole had at
tempted to make a secret deal In which
lie would have made about 20.000 un
known to her. The district couht held
for the plaintiff, und the supremo court
affirms tho Judgment giving as Its
opinion.
1, One who undertakes to act as agent
of another for the sale or "Change of
real estate cannot defend In an action
for damages caused by lib. fraud In
such employment on the Kround that
his conthact of agency was void because
not In writing as required by section
74 eh. 73 Comp. St. 1911. Tho fact that
s'uch co'ntrkn Is voidable will not por
tect the parties thereto In perpcrtratlng
traud upon each other.
If the agent receives an offer 01
exchange which would bo advantageous
and desired by his principal, and fraud,
ulcntly conceals tho offer and misrepre
sents ot to his principal as being much
less favorable than It In fact wan, and
so prevents an exchange to the damage
of his principal, and a tenant of the
principal holding an outstanding lease
which would prevent the ehan
out the consent of the tenant ha "Breed
orally with the principal to transfer the
lease to the property taken n ncton
If such exchango can be made, the agent
cannot defend against the action of this
principal for damages caused b tne
raud of the oent on the ground that
the agreement of the tenant to make
auch transfer was not In writing and
was therefore voidable. The fact that
the agent has such Influence with the
tentnf that he could Induce the tenant
to avofl his orai a8icciiiC..i
fenso In the absence of any other motive
on the part of the tenant than to assist
the agent In perpetrating the fraud upon
his principal.
l)r. Luitdrn Champion,
rtc Luther P. Ludden holds the cham
pionship belt as the most persistent
church-goer in the country and It Is
tlouUful whether the honor will ever be
taken away from him. Last Sunday ho
Completed hUt Iff ty-first, ,i;eaij jt con
tinual attendance at church, and while
only ,61 years of age has been attending
some service ever since he was 8 rears
old. County fifty-two Sunday to the
year this will mean that new Mr. Lud
fleh has attended church S.C52 Sunday In
succession and as there are generally
two services each Sunday he has prow
' ably listened to the preacher or lias offi
ciated as preacher himself 6,504 times,
which Is some record. ' J
Fee Cnse lleversed.
TJie court reverses action of the dls
rjct court of Adams county in a caae
where the county commissioners applied
for a preemptory writ of mandamus to
compel John 11. Ccrllng as .register of
deeds to turn over excess fees ot $746.50
due the county which he had on hand.
The district court denied the writ and
the supreme court to Issue the same.
The supreme cotirt says:
1. AS soon as the register of deeds
makes, and the County board approves,
his annual accounting, It Is his duty to
turn over to the county treasurer all
fees In excess of statutory compensation
for official services.
3- Where, the annual accounting be
tween the county board and tho register
of deeds has liccn duly made and ap
proved, the latter ma bo required by
mandamus to turn over to the county
treasurer all fees In excess of statutory
compensation for official services.
Tamen on Slotor Car.
The court holds that W. J. Courtrlght
of Fremont will have to pay taxes on an
automobile purchased after April 1.
Coilrtrlght denied the right of the county
assessor of Dodge county to place his
machine on the tax list when lie had
not purchased It until after the first day
of April. The district court ruled against
Courtrlght and he appealed. The supreme
court In Its opinion says:
A- state may ir.nko the jwnershlp of
property subject to taxation, relate to
nny day or days or period ot the year
vhicii it may think proper; ana the se
lection ot a particular day on which re
turns of their property for the purpose
of , assessment are to be made by tax
payers does not preclude the making of
assessments as of other periods of the
year. Shntwcll vs. Moore. 1K U. S. 5.
Section 10PK, Ann. St. It'll, requires the
assessor to list property, brought, Into
this, state by arly person after April 1
and boforc July 1, which is found In the
possession of the owner, for taxation.
and nrlvldea that the owner In order to
efciCpe taxation thereon, shall show to
the assessor under oath, anu oy proline
Ins a cony of the assessment duly certi
fied to by the proper officer of the state
or county In which ald property Wan
nsfcetsvd, that said property has been
litted ror taxation for that year in pome
other county In thin state, or In some
thcr stafs or territory "f the United
States; or that said property has been
received by him In exchange for money
or property listed for tnxatlon during
tl.at year.
An affidavit of the owner of such prop
erty that he did not own It on the first
day of April, and did not bring Itlnto
tho state since that date. Is Insufficient
to authorize the assessor or the county
board of equalization to strike such prop
erty from the assessment rolls.
License In Village-.
When the voters of a village vote
against saloons on a straight Issue ot
license or no license the village board
cannot grant license according to an opin
ion handed down by the supremo court
In a case from Sheridan county labelled
Ford vs. Thompson. The voters of Rush
vllle voted "no license" and tho board
granted a license over the vote of tho
people. The case was taken to the dis
trict court and the action of tho board
sustained. An appeal was taken and
supreme court In an opinion reverses
tho Judgment of the lower coure, giving
It it reasons that the board had no au
thority to go contrary to the expressed
will ot the people on the proposition.
Notes from Beatrice
and Gage County
FEWER CONVICTS IN PRISON
Warden Fenton Makes Report to
Governor Morehead.
BRIAN RETURNS FROM TRIP
Ilev. I,, , I.nriilrn Completes Fifty.
Klrsl A enr of Continued At
tendance 1'imn Chnrch
Service".
(From a Staff Correspondent.)
LINCOLN. Dec. '.-(Special. A) report
for the month of November filed with
the governor' by Warden Kenton of the
state penitentiary shows a small decrease
In the population or that Institution trom
the report of last month. There an' now
XI2 Inmates to JJM as shown by the former
report.
Since the last report four negroes .ind
ten whlto prisoners have been taken In
while two white men and one negro hare,
received their final discharge. Ten have
been discharged on parole by recommen
dation; ono furloughed by the governor
fifteen havo born paroled, and nine have
been In the hospital during the month,
llrlnii rtetnriiM.
Insurance Commissioner Hrlan reurncd
this morning from a two days' meeting
of insurance commissioners of the coun
try held In Chicago. Kvery state In the
union was represented and nearly every
Insurance represented by some official
An effort was made to bring about a
reconsideration of the Kmmett order
which i-cgiilate the commission of
agents and which It waa claimed put In
surance agents out or business In New
York and some other states.
Norfolk Kir in Incorporate.
The Koenlgsteln Development company
of Norfolk filed artlcls of Incorporation
with the secretary of the state today
Tho company Is Incorporated for fcO,
In shares of II0O each and wjll do a gen
eral real estate business. The Incorpo
rators are Art J., Iudwlg. Jack and Will
iam A. Koenlgsteln.
MONEY
What Is the secret of
wealth? People often envy
the well to do, thinking
them to he blessed with
Kooil fortune. But, If you
will analyze the wealth of
your neighbor you will find
the start to have been made
by carefully saving and in
vesting a small Income.
Home Builders offers you
nn opportunity today. Our
preferred shares sell at
91.08 each until January 1
one or more at a time and
tho Interest rate is 7,
guaranteed. Home Build
ers is safe. We do not speo
u lute. Call or write.
AMERICAN SECURITY CO.
Fiteal Agcntt for
HOME BUILDERS
INC.
Douglas and 17th Sti.
Omaha, Nebr.
You Will Get
An Invitation
to a Birthday Party tm
be given Monday. The
invitation will be print'
ed in this paper.
Watch for it.
BBATniCr:, Neb., Dec. l.-(Speclal.)-C.
W. Itoss of Omaha, general manager
for tho Iowa-Nebraska Public Service
company, presented a proposition to the
city council at Wymore Wednesday even
ing to furnish the current for tho street
lights and pump the water at the yvatcr
wprks plant for 3 cents per kilowatt hour,
the minimum price to pe $1,S00 per year.
He also agreed to maintain the street
lines and pump for J60 per month. A
mass meeting will be held Friday night
In order to get an expression of the peo
ple on the subject!
Joseph Slama of Wymore, charged with
being the father of the two children of
Miss Florence Noe, was bound over to
the district court Wednesday by Judge
Ellis. Ills bond waa fixed at J1.000, In de
fault ot which he was lodged In the
county Jail.
Ralph O. Sandman of Harblne and Miss
Gertie Mae Richards of Jansen were
married Wednesday by Judge H. D,
Walden.
The manufacturers of the city held a
meeting Wednesday evening and decided
to engage Dr. William J. H. Hoetchcr,
president ot the Inside Association of
America, to lecture In Deatrlce next
Wednesday evening.
Three Kearney Pioneers Drnd.
KISAItNEV, Neb., Dec. 4.-(8peclal.)-Three
old settlers of this county were
called to rest on Tuesday evening and
all are a direct loss to the community.
The oldest settler was J. PX Johnson,
president of the Farmers' Elevator com
pany at Pleasanton, who homesleaded In
this county over forty years ago. Mr.
Johnson was born In Norway, but came
to Nebraska when but S) years old. He
was f-1 at the time of his death.
J. T. James, who came to this city nine
years ago from Stella, was stricken with
heart trouble Immediately after attend
ing church services Monday evening and
died two -hours later.
W. M. Qodbey, S4 years old, was also
taken with heart trouble and died very
suddenly, Mr. Qodbey came to Buffalo
county In JS84 and has been well known
In this section of the state.
All three men have been prominent In
this hectlon. Mr, Johnson at one time
running for state senator and being
prominent In politics.
Notes from YorU.
YORK, Neb.. Dec. .-(Specla!.)-J.
I Stone of Minneapolis. Minn., is in the city
ror ine purpose 01 revaluing mo property
of the Lincoln Telegraph and Telephone
company In the county.
j William Stein filed a suit In the district
court yesterday against the Northwestern
I railway company for 11,377.77. alleging that
fruit and xeuetablea shipped In 1312 were
i frozen during delay In transit on that
' road.
County Clerk Chapin was Instructed by
' the county board to check up the automo
bile licenses Issued by the secretary of
state to York county owners. It Is be
lieved there are quite a number of ma
chines In this county upon which no
license fee has been paid.
I'nrmer Sent to A)Iuiu.
FAIRBl'ItY. Neb., Dec. i;-(Special.)-i.Iust
because he loaded a shotgun and
set It In the corner and said that his
I wnoie lamiiy, inciuuing ms wire ana nve
I children, might be dead before morning,
'caused a complaint to be filed against j
I Frank Garton. a young farmer living
jnear Harblne, In this county. He was,
arrested by Hherlff Ed Hughes and taken
, before the insanity board. He was com
j mltted to the state hospital at Lincoln,
) charged with being a dipsomaniac.
Jinny Ktmlrnt nl Curtis.
CCHTIS, Neb.. Dec. l.-(8peclal.)-The
second semester of the Htate Agricultural
school opened yesterday with a goodly
attendance, over 150 being now In at
tendance, and new recruits are arriving
dally The full measure of success for
the school la assured
Niece Contests Will
of John Horsley
SIDNEY. Ia.. Dec. 4.-(Speclal.)-The
Horsley will case, which Is now on rial
before the district court, Is attracting
much attention on account of the promi
nence of tho parties Interested and the
amount of money Involved. John Hor
sley was ono of tho oldest residents of
the county. Ho came hero from England
In 1838. He came without money ond
waa unable to read or write, but he
amassed a fortune estimated at $140,000,
most of which consists of Fremont
county lands. When his first wife died,
some dozen years since, he married a
comely and buxom widow, who kept a
millinery store In Sidney, Mrs. Pauline
Horsley. Mr. Horsley died last year and
by the terms of his will his wife became
his sole heir. Mrs. Elizabeth Womback,
a niece of Mr. Horsley, is now contest
ing the will on the plea that her uncle
was not In his right mind at the time
he Is alleged to have made tho will.
Stevens of Hamburg and Stewart of Lin
coln represent tho plalhtlff and W. E.
Mitchell of Council Bluffs" the defendant.
An army of witnesses are giving testimony.
Orkin Bros.'
Co-operative Sale
of Pianos and Players
a Tremendous Success
The November Sale of Pianos
and Players was the Largest in
the History of the Piano Dept.
4
There's a reason The co-operative Plan
The whole co-operative plan gone over so you
will know it as well as we know it
and selta
mm
COMMON LAW WIFE WINS
SUIT FOR SHARE OF ESTATE
YANKTON. 8. D., Dec. 4.-(Speclal)
Upholding the contention of the alleged
wldpw-. Alma Mortenscn. that she was
the common law wlfo of Nels F. Svend
sen, killed In an auto accident last Feb
ruary, Judge R. B. Tripp settles a falnous
Turner county suit, in which a WGW
estate Is the Issue. Judgo Tripp held that
tinder the existing state law he must up.
hold tho young woman, under the law,
and proved relationship. A child wa
born In August and a young wamon,
daughter of Svendson, who otherwise
would have been sole heir, as an
acknowlegcd daughter, will now get a
third, the widow her third and a third
goes to the Infant child.
ALLEGED FORGER TO BE
RETURNED TO VIRGINIA
LINCOLN. Dec. I.-Oovernor Morehead
today honored the requisition from the
governor of Virginia for the icturn to
Roanoke of D. M. Hodges, accused of
forgery and grand larceny. Hodges Is
under ajrest at Auburn, Neb.
A police officer from St. Jpsph, Mo.,
today left for that place, ha1 n lu cuv
tody John Danneberg, chargd with foip
ery. He was arrested' l.i Lincoln on
Thanksgiving day and did not rcfUt a
requisition.
Ilrwnrit Offered for Firebug-,
KEARNEY, Neb.. Dec. 4.-fSpeclal.)-Tho
city council of this city has offered
a reward of J200 for the arrest and con
viction of any person starting a fire In
this city. On Monday evening the poul
try establishment of C. A. Bartt was
burned and the blaze Is believed to be
of Incendiary origin.. The loss In the
Monday night fire was 13.000 and hun
dreds of chlckenH which were burned.
CLAY ELECTED CAPTAIN
0FJVMSS0URI TEAM
COLUMBIA, Mo.. Dec. 4.-Jomes A.
Clay was elected captain of tho Univer
sity of Missouri foot hall team for 19H.
lie played left guard this year.
tr Ynn irnl n Illniln which Is Worth
regularly nt tnreo nunnreu mm 'imy uuuum,
two hundred nnd forty-eight dollars, nml Bovont
flvo cents, mivlttR you nt tho outset ono hundred
nnd ono dollnrn and twenty-five' ccnta.
q When you finish paying for your piano, If
bought In the usual way, you still owe from twenty
five to thlrty-flvo dollars Interest. Through this
oo-opcrntlve plnn, whon you "havo paid your two
hundred and forty-eight dollars and soventy-flvo
cents, you Imvo flnUlied pitying. Thero are no
further payments to bo nindo, ollhor on nccount of
Interest or for any other reason.
f Instead of paying twenty-flvo dollars aR a
first paymont and ton, twlelvo or flftoon dollars a
month an you will In a rogular'way, during this
co-oporatlvo ealo you pay' but five dollars to join
In tliis asHoclnto movement nnd then but one dollar
nnd twenty-fivo cents n week.
f You got tho strongest guarantee over put on
a piano; a Joint guarantee slgnod by the manu
facturers and ourselves, giving you protection for
five yearn that is as safe as a government bond.
T ou get the prlvllogei of-rettirnlng your piano
at tho end of n .thirty days' trial. nnd getting your
money back. . ( r
T Within one year from tho day yolt get your
piano, through this co-operative' plan;' you may
exchango It -Mr) nny reason tlvhntsoovciv without "so
much as a pennyls loss. -
tf All payments remaining unpaid are volun
tarily cancelled In event 6f ybtl'r death thti lnv
Ing tho piano froo of oncumbrancd, to your fahlly.
J You gel through this co-operative plan an
opportunity to earn cash dividends for each nntl
every week's lim0 tho life of tho'cd-o'peratlve agree.
ment of ouo hundred ami ninety-ltvo weeks is
shortened. Through thlB privllego ft is
possible for yqu to earn, cash dividonds,
nmounting in an to twenty-nine tlol
Inrs nml twenty.flro eentn. ' ,.
ff You aro given, opportunity-to se
cure others toi.co-pporhto in tbts.'plan.
This still furlnor reduces the coat of
your Instrument.
All of tho features of this co-oporatlvo plan nre cnrrlod out In offering player
pianos, wit If tlio single, exception that tho terms on ptayerjtanos are' two' dollar
a week Instead of as on' tho plnno ono dollar and twenfy-flve conts a weok
lU!IIHI!fHHHriHHfmHHHmimmiHiHHiHir
M'LE'AN IS TWICE INDICTED
Treasurer of New York Demo State
Committee in Net.
TOOK CORPORATION MONEY
singer waa In grand opera. The latter,
he said, was employed In much the name
manner' as ho employed his assistants.
HY.MFMF'
'mi rnil.fi In dlinck,
PAIRBURY, Neb., Dec. i. (Special.)
Otto Conrad, a well known business man
of this city, wont to Waterloo, la., and
was married to Miss Gladys Gladback,
formerly of this city. A telegram was
tecelved here today stating that they
were married at the Catholic church at
Waterlo Tuesday, December 2.
A iiilrraou-lllBtt.
Married at Pacific hotel in this city
by Rev. C'luirlus W. Bavldge, December
3, Mr. Louis M. Anderson of Omaha
and Miss Ruth Dora lllatt of Omaha.
They were attended by Mr. II. Brenner
and Miss Mable White, both of Omaha.
St liiKlinlin.Kirkel.
Mlsa Stolla Klckel, daughter of Kdward
I. Fickel. and James A. Swlngholm. both
of Omaha, were married by Rev, Charles
W. Savldge at his Btudy Wednesday even
ing at o"clock. The witnesses were
George E. Day and his daughter. Miss
Gladys.
Urntiil'Jury Voted Tiro IIIIU Churn
ing; Offlrlnl 'Iterelved Cnmpnlirn
Cinitrllmtloiin from llutld
Inir Cnmpnn".
NBWO'ORK. Dec. I.-Arthur A. Mr
Iean, treasurer of the democratic stall
committee, was Indicted this afternoon on
two cQuntR for receiving campaign rob
trlbutldns from corporations.
Kverett V. Fowler of Kingston, the al
leged Ta;nmany "Bagman." already un
der Indictment for extortion, .waa agoln
Indicted, 'charged with soliciting a cam
paign cnntrlbutlon from the corporation.
The Irfdlctincnt of McLean makes the
third growing out of the district attor
ney's inbrstigatlou of John A. Hen
nessy's charges of graft In the stat
highway department.
The tlrsf Count against Molan, whose
home Is In Newburgh, was baaed chiefly
on the 'testimony of Mathew Van Alstyne
of Albany, an officer of the Rhaughnessy
Construction company, who had testified
he had sent a campaign contribution of
11,000 In ' the form of a bank draft to
McLean In October, 1911, and received
therefore McLean's receipt The other
count was baed on testimony of Harold
V. Owens, secretary" and treasurer of the
Dale Kriglueerlng company of 1'tlca, that
In the same mouth he had sent a check
for (top ,to Mcl-ean as a campaign con
tribution for his corporation.
The 'new Indjctment against Fowler
was based on Owens' testimony that
Fouler,, had solicited the contribution
from hlni. Under the laws either tho
sollcatloni or the . acceptance of a cam
palgnerihtrlbutlon Is a misdemeanor pun
ishable by a year's Imprisonment and a
fine of U.COO. No warrant was Issued for
Mclcau'a'ariest and It wus understood
that he , would would be given an op
portunity to give hlmrelf up.
CHEF FINED FOR BREAKING
' CONTRACT LABOR LAW
NKV YORK. pec. 4.-Joan Milton,
head chef at a fashionable hotel, was
today fined W.000 for violating the Immi
gration Jaw by bringing three assistants
i litre under contract from France. Milton
PersUtent and utnclous Use of i nlead.l aulltv nri r, ii... ....
Newspaper Advertising Is the Road to the ground that a on.l rhef ,. .
an artist in his profession as a famous
The
Business Success.
DEATH RECORD
tiriime Knlr.
YORK, Neb., Dec. I. (Special. ) George
Fair died Tuesday evening, aged 'Ol'ycars.
He wan one of the oldest settlers In York
county. Tho funeral was held at, he
Methodist church at McCool ot 1 o'clock
today.
Bee Want Ads Produce Results.
K II nun Wheiit Acrenwe l.nrHe,
TOPRICA, Kan., -Dec. 4.-F. D. Cobtirn,
recrelary of tho fltnte Board of Agricul
ture, In a rrort Issded today said tl.je
fall sown ivheat In Car.ius iiggtowultMl
K.UO.oCO acres, the largest acreage In the
fetatt's hlMory He placed tint cnndltli it
of th's wheat at 97.6 per .out, tin highest
B'nce lj:0.
VP
Salts Fine for
Aching Kidneys j
TTTrt Aftt trt rrtiKV mnal rrliiVil
it t uu iuuwi uicaii roiuiw
clogs Kidneys, then the
Back hurts.
Most folks forget that the kidneys, Ilk
Ihe'bo'wcls, get sluggish and clogged and
need a flushing occasionally, else we have
backache, and dull misery In the kidney
region, severe headaches, rheumatic
twinges, torpid liver, acid stomach, sleep
Irssness and .all spr(s of bladder diso
dtrs. You simply must keep your kidneys
active and clean,. Jinl the moment you
feel an ache' or pain In the kidney region,
get about four ounces of Jad Salts from
any good drug store here, take a table
spoonful In a glass ot water before break
fast for a few dsjs and your kidneys
will then act fine Thin famous salts s
made from the acid of grapes and lemon
Juice, combined with llthla. and Is harm
less to flush clogged kldneya and stimu
late them to normsl activity. It also
neutralizes the arlds In the urine so It no
Icnger Irritates, thus ending bladder dis
orders. Jad Salts Is harmless. Inexpensive;
makes a delightful e(frvecent llthla
wate'r drink which everybody should taki
now arid then to keep their kidneys clean,
thus avoiding serious complications,
A well-known local druggist says he
tells lots of Jad fialta to folks who be
lieve In overcoming k.dney (rouble while
It Is only trouble, -Advertisement.
IGbOrier mile
for improvarftftrtts'
4 "Get There First!" v
It's -in the blood of every American ' j
and' really, it's a very practical thing '
if ' the Old .sayintr "time is4 money'.'
counts f,dr anything.
Much depends on nuhctuallty, tlierpfpra
business men. in a hurry, those who want,- to
make suro.or connections, with trains heboid
ind nil other hustlers use the Great Wes er'n'a
Twin City Limited
To St. Paul and Minneapolis
Leaves Omaha 8:30 ji.m.
Airlvo St. Paul 7:.10 a.m. .
Arrive Minneapolis ...S;05 a.m.
Day train leaves Omaha 9:80 a.m. -re
J'our Telephone It's Untidy.
Alc P. F. BONORDEN. C. P. & T. A.
1522 Faraam Street Omaha, Neb.
Pfaon. DeutUi 260
