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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Feb. 28, 1914)
'111E BK13: OMAHA, SATURDAY, FKBKtABY lis, l)lt. 3 Nebraska COURT HOUSETAX LAW Y01D Act Providing for Bond Levy by Pe tition Declared Invalid. CASE COMES FROM BURT COUNTY Tnxpnyers Who Ohjectert to Assess ment ot Hundred. Thonnrt for Kerr Court Honse Tllril Appeal. Nebraska GAGE COUNTY FAIR WILL BE HELD SEPT. 29 TO OCT. 2 (From a Staff Correspondent.) LINCOLN. Neb., Feb. n.-(Bpecla Telcfrram.) The supremo court today de clared unconstitutional tin act passed by the last legislature providing that upon n petition of 61 per cent of the voters a county board can make a levy for tho building of a court house. Tho case came up from Burt county, where tho county board had made a levy for a J100.000 court house nnd certain tax payers went Into court to securo an Injunction against tho board making the levy. Tho lower court refused the Injunction nnd tho case was appealed. Insurance for "Bartender. In an appeal from a Judgmcn secured by Emma Krecek against tho supremo lodgo of the Fraternal Union of America In tho Douglas county district court tho supreme court reverses tho lower court In on opinion written by Justlco Faw cett. In which Justices Sedgwick and Let ton dissent. Tho case covers tho Issuing of an In surance certificate to tho lmsband of Emma Krecek, who was a bart'ende1'. The laws of tho organization oxcludcd members of that lino of "work from mem bership. At tho tlmo Krecek mad appli cation ho put In his occupation as a "can maker." A sister of Krecek was secre tary of tho local lodgo nnd knew that Krecck's occupation put him in tho pro hibited class, but drew tho certificate Tho lower court held that Mrs. Krscek was entitled as beneficiary to receive tno amount of tho Insurance held by Krecek, bu tho supreme court holds that as an officer of the local lodge and other mem bers know of tho fraud and the officers of the supremo lodgo were ignorant ot tho decptlon, the beneficiary could only recover for tho amount ot tho assess ments paid in. A few months before Krccek's dcatn he was convicted of a crime and sent to the penitentiary. Tho dissenting opinion holds that nB a convict, as well as a sa loonkeeper, he forfeited his rights as a beneficiary and could not receive any' thing whatever. -J . . 1 F. ...... A Judgment of tho district court of Douglas county is reversed in a caso brought by Johanna If. Anderson against tho Missouri Pacific railway for tho death of- her husband, a section foreman , for tho company. A Judgment for J9.909 was secured against tho company, notwithstanding evidence was Introduced to show that Anderson was in an intoxicated condition and had been sent home. Ho later camo back, still Intoxicated, according to the evidence, and attempted to work. He was struck by an engine and killed (Tho court holds in the syllabus: A section foreman of a railroad com pany who was Injured in the company's yards in a state of intoxication is evl- denco of contributory negligence. Where a foreman of a gong of section hands is found In tho company's yards in disobedience of orders tho company owes him no otner fluty than not to pur posely or wantonly harm him. An engineer operating his engine in the yards of a railroad company has a right to assume that the Bection men will take notlco of and look out for moving trains, and no duty 6r obligation rests upon th engineer to assumo they will not get out or tne way. Auomeii Own Risk. The supreme court affirms the action of the Douglas county district court, which held that tho administrator ot tho estate of John Czuba was not entitled to damages from the Cudahy Packing company of South Omaha, bocaUBO of tho death of tho, deceased, which oc curred in the plant o ftho latter. Czuba was employed in a tank room wheeling truck loads of material to be used In manufacturing glue and fell In a vat and was scalded .to death. Dam ages was asked for J15.00, on tho grounds that tho company was negligent, but the lower court held their was no negligence on tho part of the company- The higher court holds that In actions not governed by tho employers' liability act, "An employe assumes tho risks arising from tho unsafo condition ot premises where his labbr or a portion of it, is to be performed, when the risks and conditions are known to him or are apparent and obvious to persons of his experience and understanding, If - he voluntarily enters Into tho employment, or after commencing makes no complaint Till Judgment Stnmls. Tho decision of the 'district court of Douglas county is "affirmed in 'a Judg ment secured by Susan Inglehart against tho Omaha '&. Council llluffs Street Hall way company for Injuries received while alighting from a car at Fortieth and JIamllton streets. Tho company appealed on error of qourt in admitting testimony tending to show that cars "frequently" stopped whllo rounding the curve to per mlt passengers to alight The high court holds that such evidence was permlsablo and went to show that the evidence of plaintiff that car had stopped when she attempted to alight was true, although not sufficient to provo n uniform custom. BKATH1CK, Nob., Feb. ST. (Special.) The managers of tho dago county Society ot Agriculture held a meeting Thursday and decided to hold tho county fair this year on September 19 and 00 and October 1 and 2. They plan to make tho fair this year better than oven nnd put It on a paying basis. A resolution was passed requiring tho secretary of tho society to make an Itemized statement of tho re ceipts and disbursements on or beforo January 1 of each year. Tho prlco ot ad mission will be reduced to 85 cents nnd children tinder 10 years will bo admitted free. Superintendents of the various de partments were appointed ns follows. Horses, Charles Hughes; cftttlo and sheep, O. H. Llebers, amusements and conces sions, Charles Green; poultry, S. A. Sey mour; speed, J. C. Emery. Mrs. Cyril Clark, aged 2fi years, died suddenly at a local hospital Thursday, where she was operated upon ten days ago. She wns tho daughter ot Mr. and Mrs. H. L. Pcnnjngton ot this city and was born nt Wymoro. She was chief opcr ator for the Bell Telephone company In this city for a number of years before her marriage to Mr. Clark. Captain Jesse Craig, who was appointed quattcrmaster of the National Guard by Adjutant General Hall Wednesday, will leave for Lincoln next Monday to assumo his new duties. For the last few months ho has been manager ot a clothing store here, coming to this city from Wymore. where he was captnln ot Company K. HERMAN JUNG OF LOUP CITY COMMITS SUICIDE LOUP CITY, Neb., Feb. 27.-Speclal Telegram.) Herman Jung, aged. 57 lears, and for thirty-five years a resident of Loup City, committed suicide by hanging last night about 10:30 o'clock. He had been In poor health for tho last few years. Ho leaves a wife and one daughter. tioldrn AVedtlliiR lit Grand Inland. GRAND ISLAND, Nob., Feb. 27. (Spe clal.) Mr. und Mrs. Charles Dodson celebrated their golden wedding annlver scry last evening at their home in this city. A largo number .of tho members of the Grand Army ot tho Republic and ot the Woman's Relief Corps attended and Joined In tho festivities, Mr. Dodson moved to Merrick county and established tho first hotel at Chapman. After a few years ho sold out and came to this city taking the position of car Inspector for i the Union Pacific, and held tho same for over thirty years. Ho is nov on that company's retired pension list. 'ote froii Wymore. WYMORE, Neb., Feb. 2S. (Special.) The mayor and council met In special session this morning and passed an or dinance prohibiting tho opening of mov lng -plcturo theaters, shows, ten shows and other exhibitions on Sundays, and providing a fine ot not less than $3, nor more than $25 for violations ot tho ordin ance. An emergency clause was attached This action is .taken on account ot the Lyrlo moving plcturo theater having an nounced that Sunday afternoon and even lng shows would be given, tor the benefit of tho firemen's building fund. George Campbell has received word that his name has been recommended to the president for appointment as postmaster In Wymore, Tho terms of tho present In cumbent, S. D. Cole, expires on March 11 The funeral of Andrew Jackson Brewer was conducted at the Methodist church In Rluo Springs yesterday afternoon. Mr, Brewor was found dead In bed Saturday morning. He was TS years old. He was a civil war veteran Bervlng In the Forty ninth Pennsylvania. Three sons and three daughters survive. Editor. Will Meet at Cnrtls. CURTIS, Neb., Feb. 27.-(SpecIal.)-The Hlghllrie Press association, a recent or ganlzatlon, composed of newspaper men along the Holdrege-Sterllng branch of the Burlington, will hold its third 'meeting here Monday, March 2. The following program has been arranged: Afternoon, business session; evening, "The Associa tion, Its Opportunities and Alms," A. G, Williams, Stockvlllo Faber; "Home Town Boosting," tB. K. Schaeffer, Curtis En terprise; "The Local Item," S, R. Mc- Elhlnoy, Loomls Sentinel; "The Comblnell Newspaper and Job Offlco," AV. H. Bar ton, Maywood Eagle-Reporter; "Foreign Advertising," C. E. Crist, Eustls Nows; 'The Relation of the Newspaper to the Homo Merchant and' Mail-order House," A. K. Holmes, Grant Sentinel: "The Ready Print," G. S. Foxworthy, Lincoln; "Reminiscences Twenty Years Ago," N. H. Bogue, Madrid Era. Tuesday morn ing the members will meet again and talk "shop." Ida Grove Woninn Dim Suddenly, IDA GROVE, la., Feb. 27.-(Special.)-The funeray of Mrs. Carl Raabe was held from tho German Lutheran church She died very suddenly while in a fit of coughing. Mr. and Mrs. Raabe retired about 9 o'clock in the eevotng and shortly after midnight ho was awakened by- his wife's severe coughing. She arose from tho bed and had barely assumed a stand ing position when he noticed her sink ing. Mr. Raabeo got to her In time to catch her from a fall, but she died before a physician could be secured. An Internal hemorrhage caused by the cough resulted In her death. They moved to town from their farm In Hayes township four years ago, and had retired. Nebraska Nebraska 'RIMARY IS DISTASTEFUL Sr. Cass G. Barns of Albion Says it Makes Dissension. EX-TOPS AND PROGRESSIVES IN Shuon-IMirc Democrats Find Little Consolation In ScpIiik Such llnv Any Oluincc at the Offices. (From a Staff Correspondent.) LINCOLN. Feb. 27.- (Special.) The proclamation ot Congressman Dan StC' phens that all postofflco scraps shall be settled by tho people themselves does not exactly meet the approval ot Dr. Cass O, Hams, editor of the Albion Argus, and a possible candidate for tho democratic nomination for congress In the Third. Dr. Barns called on Governor More head this morning and while waiting to bo admitted to the executive presence talked of the situation In his district and the fight In Albion over the postoffce Job, which Is being sought by halt a dozen ot tho faithful who now call them selves democrats, although according to tho doctor-editor somo ot them have been far from the fold In the past when the democratic party needed boosting. All on Account of llrndj-. According to the doctor. Senator Jim Brady wants to bo postmaster and Is trying to pull the wool over tho eyes ot tho people notwithstanding the doctor has been educating them along right lines with his paper for many years. The doctor was a democrat when to be a democrat meant oodles f nothing, and he has stayed by tho party and fought nobly, and ho dislikes to see ex-popullstn and bull moosers trying to run things In Boone county. Dr. Barns hopes to convince Governor Morehead that he should become a can dldate for governor again. "The people are calling," said tho editor, "and tho voice of the people should be listened to. "I always have been for Senator Hitch cock and also for Mr. Bryan," said Dr. Barns, "and It grieves me to see a divi sion In the ranks." Appeals from Judfrmenf. Tho Cudahy Packing company fef South Omaha has appealed to tho supremo court from a Judgment secured In the district court of Douglas county by John Llsy In the amount of $2,550, the full amount sued for, for damages received while working on a scaffold erected on tho side of a building owned by tho com pany in which there was a board which failed to withstand his weight and broke, precipitating him to the ground, from which he received permanent Injuries. Janitor Held Up. John E. Jewell, a state house Janitor was the victim ot one of Lincoln's high waymen last night. Mr. Jewell rather declined to give up a 00-ccnt wateh and a 10-ccnt diamond scarf pin, but the rob ber snapped his revolver twice aC Mr Jewell and feeling thnt It was bcUer. to be a live coward rather than a dead hero, .the Janitor gave up his valuables. Later he gavo the alarm and one of Jim Ma tone's sleuths captured a man whl an swers the description of the robber given by Mr. Jewell after a hard chase. ftlCMIP llATrn nr nnni rrnu HUVVO UUICO UT OlArLCIUIV AND OF LOGAN COUNTY' STATLKTON, Neb., Feb. 27 -(Special.) B. F. Johnson, who came from Lincoln a year ago for tho purpose of organizing a bank at Gandy, and who has held the position of cashier ot that Institution sliico then. has. It Is ronarted. dlsnosedl nt Ills ttif AC,.! a in llin tin.ilr BHil v III r. I ti-rn to Lincoln. The change will prob ably bo made about March 1 and the official directory ot the bank will bo re- mnde at that time. G. L. Andre, an old resident of Logan county, dropped dead In an nuto on tho stieets of Staploton. Ho had been mak ing his home In tho Odd Fellows' homo In York, but had returned to his homo In Gandy recently. Mr. Andre has been nn Odd Fellow for more thau fifty-two years and the funeral was conducted by that order. G. K. Wagoner, county surveyor of Lo gan, county, suffered severe Injuries here from a fall downstairs. John Casscll suffered a broken leg yes terday by being struck by a horse that ho was attempting to lend. Clay Crawford, the malinger of the 7I1L ranch near here, was sUken with pnrnlysts, and Is In a critical condition. This Is tho second attack, the first hav ing! visited him several weeks ago, from which he had apparently entirely recov ered. Word was received hero yesterday from Carl Mansfield, one ot tho leading mer chants of this city, who left two weeks ago for St. Joseph, thnt he was taken 111 before reaching that city and had been In tho hospital ever since, where he hnd undergono a serious operation. Mrs. Mansfield, who accompanied him, says that ho will bo able to travel In another week. Key to tho Situation nee Advertising, Contract Let for flrldRe. BEAVER CITY, Neb., Feb. 27.-(Spe-clal.) Tho contract for tfie construction ot a bridge across the Republican river at Cambridge was today awarded to a Lincoln company for JM.KX). Sixteen bids were opened by the Board of County Commissioners) and D. D. Price, state en gineer, tho bridge to be built Jointly by tho state and Furnas county. It Is to be five spans in length ' with twenty-foot roadway and will be of concrete. Mrs. Ilrrtrnm Sum for Divorce. MADISON, Neb., Feb. 27.-(Spcclal.)-Mrs. Ella Bertram has commenced action against her husband, August Bertram, for divorce. They were married October 21, 1907, and have slnco resided near Enoia. Mrs, Bertram alleged cruelty and Infidelity. She prays for divorce, custody of her two small children and reasonable alimony and their maintenance. WEBSTER COUNTY LETS Contract for court house RED CLOUD, Neb., FeK ST.-(9peclaI.) After a several hours' consideration of the propositions of seventeen bidders who desired to. secure tho contract for build ing, plumbing or furnishing the new court house for Webster county, the commls sinners Wednesday evening announced the awarding of contracts aH follows: General contract, Including furnishing matorlal, erecting structure una winnit for lights and phones tne iiowics com pany, unnwu, iiu, n,i. Plumbing and heating. City Plumb ng and Mealing cominny, jjuuhjc,, u,u.. ti 300 Stc'el fixtures, Steel Fixture Mnmifac turing company, Topeka. Kan . $2,838.70. rnmmerrlnl Club nt Stella. STELLA. Neb., Feb. 27.-(Speclal.)-A Commercial club was organized at Stella this week with a membership of moro than thirty. Dr. Whitehead was elected president; H. C. Fankell, vice president; S. IL Bailey, second vice president; D. F. Barber, secretary.:. Esburn Wheeler, treasurer. Five members were elected to compose the executive committee: J. F. Weddle, H. S. Hogrefe, R. E. Tomllnson, Dr. Brey and E. C. Roberts. Dr. Brey, J. W. Curtis, Jr., and Amll Morltz were appointed a committee to look after drag glng the roads and streets. The Initiation tee was made $2. John Flndlay was tho 'only farmer present. rr LOGAN, la.. Feb. 27.-(SpecIal.)-Har-rlson county's good roads school ot in struction will be held here Thursday, March 5, according to the present plans of Auditor J, M. Albertson and others. Superintendents of roads and township trustees will be paid for attending. Audi tor J. M. Albertscn has secured the serv ice of J. W. Holden, state highway com missioner, for tho day, and tho different township trustees and road superinten dents will be given an opportunity to ask questions and present their own views. neuvrr City Woodmen Iimurireiit. BEAVER CITY, Neb., Feb. -(Special.) At tho meeting of the Beaver camp of the Modern Woodmen of America on Wednesday night, resolutions were adopted against the re-election of the present head camp officers who favored the raise In assessment rates. The fol lowing delegates wero elected to the county convention: I. M. Sharer. R, Ti. Shellenbarger, W. E. Bratt, C. E. Hopping and A W. Kelley. Winter Trips TO Florida, the Gulf Coast and Cuba Now Is tho tlmo to visit tho Sunny South. Fnvornblo round trip excursion tickets on sale daily to all Import ant winter resorts. HOUND TRIP FARES FROM OMAHA Jacksonville ... .... .JpoO.no Miami 72.00 Palm Beach OIMw St. Petersburg. (12.10 New Orleans 41.00 Kisslmnteo . . v 00.50 Pnlatka .-. Ri.no St. Augustine M.80 Tampa . . . 02.10 Mobllo . . . 41.00 Havana 87.00 Return limit .Tunc 1, 1014, excepting New Orleans tickets to this point hcnrlng return limit of May 15, 1014. Liberal stopover privileges. Choice of scenic routes. FOURTEEN SPLENDID TRAINS Luxuriously equipped, nro operated dally between Omaha and Chicago via Chicago & Northwestern Railway. Convenient con nections with fast trains on all linos to nnd from tho South and Southeast. For full particulars apply at ticket offices CHICAGO & NORTHWEST KRN RAILWAY, 1401-140.1 Farnnm Street, Omaha, Neb. Saturday is one of the last days of our FINAL CLEAN-UP SALE So you men who are yet to share in these remarkable clothing values had better be on hand early tomorrow. While the sizes aro broken, yet most every man can find a suit or overcoat that will fit and please him in every particular. Plenty of courteous, obliging salesmen to servo you promptly. All Suits and Overcoats on our entire main floor divided into 3 immense lots Broken Lines of $10 and $12 SUITS and OVERCOATS, Final Clean-Up Price Broken Lines of $15, $18, $20 SUITS and OVERCOATS, Final Clean-Up Price OMAHA'S LARGEST 'STORE "for MENAfltf BOYS' ElMO-FBC afAcvffr" --HOME of QUALITXCLOTH ESM H Broken Lines of I $25, $30, $35 I SUITS and I OVERCOATS, H Final Clean-Up Price s15 KJOl WILL INTEREST YOU D Safe for Itnbtea, iSffeotlva for Grownup. That's Foley'a Honejr and Tar Com Vouml. It has the confidence of your druggist, who knows it will slve you tatisfactlon. W. V. Nessmlth. States- boro, Ga.fc ays: "I have uaed Foley's J Honey and Tar Compound In my family ' and nuvo sold It In my store and It never' falls to cure." And Bob Ferguson, 315 Tine St.. Oreen Bay, Wis.: "I had a bad! cough that kept me awake nights and1 iwo small" bottles of Foley's Haney and1 Tar cured me." For ?ale by all dealers every whure. Advertisement. Trustee's Sale of Sam A. Adler's Stocks Entire stock und fixtures of the Fnir Store, located at 1123 Famam St., will bo sold at public auction, either in a whole or as departments, at 10:00 A. M., Monday, March 2d. STOCK INVENTORIED AT $29,000. Also at 2:00 o'clock on the same day, there will bo sold in the same manner, all the ladies' cloaks, suits, dresses, furs, and the fixtures of the National Samplo Cloak & Suit Store, located at 318 South 10th street. STOCK INVENTORIED AT $5,200. IIXS i HII4 nPstmnHhttflUrel Piles. Fistula ana neeui Dlsesiei without the uis of a knife. Nch!or farm, ether or other general sti aestaetie ntsd. No unnecessary de- l. 1 .. Am .hmlnlA flltffl guaranteed in every ease aeoeptad. rv nrrtm rev unt evnem The cure Srst. then the pay. Tbst'omy volley. It's fair and square. 1 alto rite a written juarantea that the oure wiU lail Ule time. Write for Fr Beak, which giro full particulars. Bit, fc. IT. TMKHY, 349 Oaa 8Wi Omaha STUAMHIIII'N. SPRING CRUISES Italy and Kfypt Tha Blrlera via Maderla, Glbralter. Alders. Larsest toanier in the Trade 'OEI.TIO,, Starch 7. rrom Boston Canoplo March 14 Crttlo April 3 Wsst Indies, Panama Canal. South America Newest Steamer to the Tropics. "LAUKENTIO" Marca 4 and April ie to 30 Says 9145 to 917S up. White Star 14ns, S. E. Cor. Madison I It Z.a Salle Sts., Chicago, or Local Asrts. I TJAVE you been ' in the habit of reading the small advertisements on the "Want ad" page? If you have not then you've missed, perhaps, an opportunity, because these small "Want Ads" contain many advan tages that will interest you. There are so many human in terest stories contained in the want ads to make money that hundreds of people turn to the "want ad" page every night to read the new ads. Of course you know that there is a constant change, in these little ads every day. Perhaps you have something you'd like to turn into money try the "Want Ad" way. Turn to the " Want Ad" pago now, while you have it in mind, dnd read the many sug gestions and opportunities offired. Concentrate Your Advertising in The Bee