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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (March 14, 1914)
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THE BEE: OMAHA, SATURDAY, MA1KTI 14. 1914.
HIGH COURTJMMS CASES
Holds Man Interfering in Dog Fight
Cannot Collect Damages.
BOAD NOT HELD FOR FLOOD
Vntlnre to Make Journey Ilccnuio
of High Water Not Tntine of Ac
tion on "Which DiimnRrs
Mny Hp Collected.
(From a Staff Correspondent.
LINCOLN, March 13. (Special.) Su
preme court opinions handed down to
day Indicate that the man who gets
bit In a dog fight has no redress In
court! that water high enough to keep
a democrat from a national convention
Is not sufficient grounds for damages
ncnlnst tho Burlington railroad; that
religious services can be held In country
school houses It not held too often, and
that a company which refuses to list
Us property for taxation must stand for
any raise tho county board may make.
Thu opinions follow:
Tho court affirms tho Judgment of the
Douglas county district court, secured by
August D. Witt, against George V. Cald
well and Lester Drake, contractors who
built the Douglas county court house.
Witt was engaged In working around
a hoisting arrangement for carrying ma
terial to tho top of tho building when
the cable became tlnstcd. He was di
rected by the-foreman to straighten out
the cable and while doing so the fore
man gave the hoisting signal and tho
plaintiffs hand was drawn Into the pully.
He sued for $2,000 and was awarded
Clinrltr nml Mechanics Hens.
Trustees elected to manage the alialrs
of a charitable organization cannot enter
Into a valid contract by which Its prop
erty may becomo subject to mechanic's
lien without first having obtained an
order of tho district court for that pur
pose. The opinion comes from tho action
o't the Western Supply company of Lin
coln who filed a mechanic's Hen against
Tublth home, an Institution near Lincoln
for aged and Infirm people.
Tho opinion .state that certain doctors)
In Lincoln proposed to tho trustees of
the home to make It a hospital. Tho
trustees agreed with tho understanding
that none of the expense should bo
charged to tho home. Tho doctors In
curred an expense of $20,000, and these
claims aro asserted to bo Hens on tho
The Lancaster county district court
held for tho construction company, but
the higher court reverses yio Judgment
and remands tho case back for trial.
Equalisation In Court.
In an opinion of tho state supremo
court the action of the district court of
Gosper county Is upheld In that taxpay
ers, either corporations or individuals,
who fall to give county boards of equal
ization full data on their property values
are estopped from raising kicks later In
district court because df alleged over val
uations. Tho aso Is ono brought by J. S.
Hatcher; 'CoV, In which the valuation
of the1 company's "property "was raised
f romf J1O.O0O to $61,000 and a- to per cent
penalty ieked on for refusal, W Hat tho
property. The district Tcourt holds that
the County board had tne right to make
the rats? 'fend tho -supremo court affirms
In .the same action the supremo court
upholds the lo.wer court In that when a
county under 1911 legislative enactment
abolishes,, the office of county assessor
end "puts the duties on the county clerk,
the county board Is continued In-power
as a board of equalization.
No Var for Doff Bite.
The man who' steps In to break up a
dog fight takes his lffe lr his own hands
and cannot recover damages from tho
owner .of one of the canjno contestants
when the party damaged assisted In
"sicking" on the combatants.
This Is the opinion of tho supreme court
In the celebrated bulldog- case brought
from Hamilton county, wherein Myrl
(Warrick, a Grand Island horse trader,
brought suit against John Farley, son of
ex-Representative W. I. Parley of Au
rora, for damages sustained from being
bitten by a bulldog, owned by young Far
to' and known In stato university circles
as "tho fighting Kappa Sigma dog" and
a coach dog belonging to Warrick, which
had been the winner In many battles.
The court holds that "Whero a dog Is
allowed to run at large and bites tho
ownor of another dog with which ho Is
in a fight and the owner It bitten While
negligently trying to separate tho ani
mates thcro Is no liability for damages
unless tho evidence shows that the owner
of the dog which committed tho Injury
knew that his dog was accustomed to
Tho county court has exclusive original
Jurisdiction over the administration and
settlement of the estates of deceased per
sons according to an opinion given by
tho supremo court In the settlement of
tho ostato of George M. Boyer. deceased
of Douglas county,
Boyer died In 1010 and while thd estate
was being administered Mrs. Boyer also
died. The suit Is brought to compel tho
turning over by tho administrator of tho
estate of Mr. lloycr the $500 exemption
to the administrator of tho estate of Mrs.
Boyer. Tho Douglas county court held
that tho county court had authority to
refuse to turn over tho $500 exemption
and tho high court affirms.
No Verdict for Flood.
The Burlington railroad Is not held for
damages caused by floods In the Salt
creek valley and tho decision of tho lower
court Is reversed.
Tho action was brought for damages
sustained to property by the flood of 190S,
which was so high that democratic dele
gations passing through Lincoln on their
way ' to tho national democratic conven
tion at Denver wero unublo to proceed.
Tho Lancaster county district court
held against the railroad by the supremo
court hold an opposite view claiming that
as the water was so high that tl over
flowed the tracks of tho road that tho
flood was unusual and tho damage would
have been sustained the same as It tho
track were not there.
Chnrch Service In Schools.
Sunday schools can bo held In school
houses In tho country districts according
to a .decision of tho supreme court today,
provided that the house Is not used so
frequently as to interfere with school
work or to constitute It a house of wor
ship. The case was brought from Saline
.county by John AV. Gilbert and John M.
Simmons to compel the school board of
district No. 13 of that county to close
the building for uso on Sunday for
religious purposes. It was shown that
when tho school house was bultt their
was an understanding that it was to bo
used for religious purposes, but the evi
dence disclosed that It had been used
very frequently. John Gilbert, one ot
the complainants was not a resident of
tho district, bit paid taxes therein.
BERQ SUITS ME
Bergs clothes service for men, women
and children are marked by their points of superior
ity their drape and swing that make them fastidiously correct
GAGE COUNTY PAYING' OFF
DEFUNCT BANK ACCOUNT
BEATRICE, Neb., March 13. (Special )
At a meeting of the Gage county Board
of Supervisors Thursday steps were taken
to pay off the defdnct bank account, and
It was ordered that the sum of $7,939.27
be transferred from the general fund to
apply on this account. Tho defunct bank
account amounts to $20,939.27, and is the
outcome of bank failures In 1S95, when
this sum of monoy deposited by the
county was lost. As tho county does not
carry a profit and loss account this sum
could not bo charged off and had tt) 1
carried from year to year.
Kearner Sella Pitcher.
KEARNEY, Neb., March 13. (Special.)
Roy Plympton, the star pitcher of tho
Kapltallst team last year has been sold to
Charlotte, N. C, by President Klblcr
and has gone to the southern point for
practice. Several good players have been
signed and It is believed that practice
will commenco on schedulo time this sea
son, with a good line ot players in ttic
Throat and I.nnjf Trouble
quickly helped by Dr. King's New Dis
covery. The first doso helps. Best rem
edy for coughs, colds and lung diseases.
50c and $L All druggists. Advertisement.
If you want to mako your spring
choice now come In and viow tho
ndvanco spring fabrics; It's tho
greatest stock of. high grado
clothes for yjiung men and pro
gressive mnturo men to bo found
They are clothes, that nwnken
tho wearer's Ambition to bo some
body and view llfo from a differ
ent anglo Narrow ehoulderod
English models, seml-Engltsh and
tho broader shouldered American
$10, $12.50, $15, $18
$20, $22.50, $25, etc.
When your winter suit 1b a
bit uncomfortable or a llttlo
shabby thcro is nothing llko a
blue serge. Wo've all grades
from $7.50 to $35.00; and silk
Soft and rough fabrics, In
grays, mixtures and Scotch ef
fects; Dalmocrans and Raglans
aro tho coatB for real drosnors.
$15 to $22.50
Splendid Low Priced
We sell so many "good low priced
hats' that wo figure profit on vol
ume instead of Individual sales, and
every hat wo sell looks a few dollars'
worth hotter than tho price we ask
Haturday we feature Itamp and
Milan Hemp hats In the new and
popular styles, trimmed In garlands
of roses, small flowers and striking
ribbon bows, at
Takt XUvmtor to Bseond rioor.
Women's Spring Suits 2
The Best Values in TownA
Big Special Lot For
A truly wonderful assortment of Suits
at this price. Bcores of pretty models thut
typify tho season's best styles Materials
are crepe poplins, gabardines, sergci,
I'Ycnch crepes. Colors includo Iabrador,
Tango, Pigskin, Plumcot, Black and Whlto
Checks and staple shades. Don't miss this
chanco to get n high grade, stylish suit at
HUNDREDS OF OTHER SPRING SUITS
$15.00. S17.50. $19.50 and $25.00
STYLISH NEW SPRING COATS fc
SPECIAL OFFERING FOR SATURDAY V?
A splendid assortment In the popular style ?i and H
length coats with tho new collars and flare at bottom,
Materials are tweeds, cords, honeycombs In checks
and alt new colors. Saturday
$1 65 eW essane Petticoats g5
In a heavy grade all-silk. A dozon dif
ferent style flounces In Irish greon, Ameri
can rteauty, Tango, Wisteria, Copen, White,
Dlack. Navy and Tan.
CHILDREN'S WASH SUITS
Grand time now to pick out tho pretty patterns and stylos
for tho youngBtora. Everything Is complete and It's well
worth looking ovor.
95c up to $10.00
NEW LINGERIE WAISTS FOR SPRING
With low necks and short sleeves, In
dainty sher lawns and voiles. Hand
nomoly embroidered and trimmed. All
sizes. 34 to 44. A special offer tor Sat
.From Our Near Neighbors
Mr. and Mrs. Henry Freeman were
transacting bujlness In Fremont Tuesday.
P. O. Harrier purchased a now five
passenger. Ford car of Gcorgo Cowles
Mrs. A. J. McDonald Is suffering from a
Epraln of her wrist caused from a fall
Mrs. Margaret Holdsworth went to
Omaha Tuesday to spend tho day with
her sister, Mrs. Turk.
Mrs. Bronson went to Benson Tuesday
to visit her daughter, Mrs. Alex S.mth,
until Thursday morning.
Ttev. B. A. Fyts left for Bancroft, Neb.,
Monday morning to assist Rev. Mr, Clark
In a series of special meetings.
Mrs. Emerson of Omaha came out Sun
day evening to spend a few days with
her daughter. Mrs. It. M. Erway.
Miss Mabel Doherty of Waterloo spent
Saturday evening with Merle Doherty
and both girls spent Sunday In Fremont.
Miss Desdomonla Baldwin of KIkhorn
was the guest of Mrs. Cecil Moore
Wednesday. Sho sang at the school
entertainment In the afternoon.
Mr. Smith of Omaha Theological Semi
nary will BUpply tho pulpit of the Pres
byterian church Sunday morning and
evening In tho absence of Rev. Mr. Fyc.
Mr. and Mrs. W. P. Eddy sold their
residence property to Mr, and Mrs. Frod
Whltmore. Eddys havo rented tho Jo"hn
Wodln property und will move Aprlf 1,
Mrs. Isaac Noyes and Prlsellla came
from Dundee Sunday for a visit with
Mr. and Mrs. Gardener. Mrs. Noves re
turned Tuesday and Prlsellla will7 spend
the week with her grandparents.
The Nebraska Plcturo company of Lin
coln. Neb., has an art exhibit ot over 800
Picture? on exhibition in the cUss room
and laboratory of the Valley High school
A very pleasing program was given from
3:10 o'clock to 4;S0 o'clock under the
auspices of tho school tho four afternoons
cf the exhibit, Tuesday, Wednesday,
Thursday and Friday. Miss Parson's
room, grades fifth and sixth, received
the-picture given by the company to tbe
room whose pupils sold the greatest num
ber of season tickets.
Tho regular meeting of tho Busy Bees
was held In tho Doherty hall Wednesday
afternoon. Mrs. Charles Barber nnd Mrs.
Enfield wero received as new members.
Mrs. 8. Jensen. Mrs. W. S. Eddy and
Mrs. Henry Freeman were hostesses.
Over 100 members and guests were entertained.
y, ilgLest quality .
fff Pure as new fallen snow
Rare old flavor
Pure as new fallen snow
Bottled In Bond
A. Guckenheimer C& Bros. Co., Freeport, Pa.
Take a bottle
John Timperley visited Omaha last Mon
day. Mrs. Qus Olandt and daughter, Mabel,
were In Omaha Tuesday.
Wayland Magee of Summer Hill farm,
has returned from his trip to the south.
Charles Orau attended tho Meyer sale ot
Poland-China hogs at Hooper, Neb., Sat
urday. St. Patrick's day will be celebrated with
a danco at the Modern Woodmen of
Rev. and Mrs. Sirens and Mrs. Henry
Tledje spent last Saturday at tho Henry
Miss Etta Witt was surprised by her
friends Tuesday evening, tho occasion
being her birthday.
Miss Nora Sumner, teacher In district
thirty-four, spent the week end at her
home near Waterloo.
The Bennington Platldeutcher Vercln
gave one of their successful dances March
8, at the Modern Woodmen ot America
George Dlcrks has retired from tho farm
and Is now at home In the Dr. Llngcn
felder property, which he purchased somo
English services will bo held at the
Modern Woodmen of America hall Sun
day evening. March IB. Rov. Lcldy of
Omaha will have charge ot the meeting.
Mrs. Anna Boyer Is delegate from the
lnenl ramn of Royal Neighbors to the
stato convention of that order, which
holds its triennial meeting in umatia
Farmers aro taking advantage of tho
good roads and tho leisure time before
farm work begins, and are marketing
their hogs. Six carloads wero delivered
to local buyers Tuesday,
Henry Bay and family went to Omaha
Mrs. C. W. Baldwin was In Omaha tho
first of the week.
Mr. and Mrs. H. A. Nolte were Omaha,
Miss Desdamona Baldwin was at Val
ley Wednesday and Thursday.
Earl Baumgardner and family arc mov
ing this week Into tho Denker houto.
Mrs. Herman Hansen entertained the
Women's Kensington club last week.
Mrs. Van Camp went to Omaha Thurs
day to visit a friend In one of the hos
pitals. Henry Meyer nnd family wero at Omaha
Tuesday to have a family photograph
Mrn. J, O. Keefus entertained the C. C,
club Thursday, Mrs. G. 11. Goodhard won
Miss Gold'e Haney ot Gretna visited
her aunt, Mrs. B. F. Calvert, Saturday
Fred Carlson and family havp moved to
the country to make their home with
Mrs. Dave ICeuhl entertained for her
daughter. Miss Violet, Thursday, in honor
of her birthday.
C. A. Nownes was In Omaha several
days this week. While absent Roy Do
herty kept store.
The little son of Mr. ami Mrs. Hans
Wendell fell last week on a door hinge,
cutting a deep gash on his head. It re
quired several stitches to close the wound.
The home talent play given for tho
benefit of tho Women's Kensington club
Friday evening by the young people was
well attended and netted them about $60.
Henry Fallon and Miss Mary New were
married Wednesday at the home of the
brides parents. A reception wnn heM
in the evening. They will make their
home on the farm of the groom's father
north of town.
evening. Tho occasion was his fiftieth
birthday and twenty-fifth anniversary of
nis rcBiaenco nerc.
Mrs. C. A. Baldwin entertained a num
ber of women at a dinner Wednesday
Tho guests were Mesdamcs Frank and
Carl Duy, Cowles, H. B. Wolcott and
Miss Alice Cnrtor.
Mr. and Mrs. Henry Sn?ll. who live
east of town were surprised by about
fifty ot their relatives and friends, who
cume to help them eclobrate tholr crystal
Rev. William Reed, who has been dolnff
missionary work In Ecuador Is visiting
his mother, Mrs. Sarah Reed and broth
ers, Harry and Fred Reed. This formed
a reunion ot tho Reed family from great
grandmother to great grandson. Rev, Mr.
Reed will soon return to .South America.
At n meeting of tho school board last
Tuesday evening the following teachers
vtoro elected: Miss Olga Gereke, prin
cipal; Viola Noonan. languages; Floy
C'anady, eighth grade; Relno Jameson,
sixtrTftnd seventh grade's; Nora Gordon,
fifth grade; Klslo Isherwood, third and
fourth grades; Mildred Hart, second and
third grades. No action was taken con
cerning the superintendent nnd sclenco In-stiuctor.
Carl Koch of Howard Is spending tho
week with hU son, Superintendent E. lit
Art Ireland of Scott's Bluff, Neb., was
iooKing up iormcr rapimon mends
Miss Grace Corey visited Thursday nnd
Friday with her sister, Miss Maude Corey,
Mr. and Mrs, Frank Swectman of
umaiia were guests of Mr. and Mrs. C.
8. West Sunday.
Mr. and Mrs. W. II. Davidson and Mr.
and Mrs. Floyd Davidson were guests of
jir. ana Mrs. i. u, cinrKo uunday.
Miss Marlorln Thornton entertainer! thn
Junior class and tho teachers ot tho High
school at her home Frlduy evening. The
rooms were decorated in green and whlto,
the class colors.
Mrs. C. A. Trouno will deliver an Illus
trated lecture on tho "Early History of
Nobraska" at the Presbytorlan church
Tuesday evening, March 17. A male quar-
ici rrom tne umana TtieoioKieai urminary
will rentier scvorai selections.
W. H. Davidson arrived from Chicago
rc. a. it sner tins moved ins family to
Samuel Ball of IOUlsvlllo was calling
on friends hero this week.
Mr. and Mrs. Alvn Scott or Wyoming
are visiting at W. 1 Wllhcr's.
Roy Whitney mado a visit to Wayno
county the fore part of the weok.
Ix-o Blodgctt was awarded $030 dam
ages against tho Rock Island railroad
on nccQiint ot tho loss of his crop )asJt
year by back water. u
Mrs. W. H. Davidson and EtUabeth
Davidson returned from Chicago oa'
J oo Alley lias announced a sale of his,
personal effects nnd will movo with hlsl
family to Missouri. w
Mrs. F. P. McCandlcss loft hero on"
Wednosday for Kempton. N. D., where,
she will spend tho summer.
Mr. and Mrs. Clove McCandlcss left;
Wednesday for Kempton, N, D., where'
thoy will make tholr future home.
The Springfield lumber yard changed
hands this week, R, B. Harbcrg ofj
Omaha buying tho yard owned by Idux
A. Bradford of Omaha. I
Albert Cookorlll, who left hero slx
years ago for Denver, died Tuesday Th
body was brought hern und burled li
thn Springfield cemotory. Ho leaves si
wife nnd flyo children. t
Children Need "Gascarets" When Sick, j
Gross and Constipated- Dime a Box
Any child will gladly take "Cascarets
Candy Cathartic," which act rently
never gripe or produce the slightest un-alnee--tbough
cleanses the little one's
Constipated Bowels, sweoUns tho stomach
and puts the liver In a healthy condition
Full directions for children and grown-
tips In each package. 4
Mothers can rest easy after giving thU
gentle, harmless laxative to children, .
Ny.lO tBl PRICE 10 CENTS
ASCARETS WORK WHILE YOU SLEEP.
T i sk. Jl,. 5i
of flie world-famous
THESE ARE NICE CLEAN, NEW STYLES (ALL 1914 MODELS) FROM THIS GREATEST
OP ALL PIANO FACTORIES. THESE PLAYERS AND PIANOS HAVE BEEN SELECTED HY
MR. HOSPE PERSONALLY, AND INCLUDE SOME OF THE CHOICEST WOODS, SUCH AS
MAHOGANY, GOLDEN OAK, BURL WALNUT AND MIBSION FINISHES.
This la tho greatest and finest shipment over received In Omaha from tho Kimball factories.
A. I. Ralston left last Tuesday for
Mrs. Turner Zlnk departed Wednesday
for Waconda, Kan., where she will take,
treatment for her rheumatism.
Born to Air, and Mr. Henry Ituhga,
who live south of town, a daughter,
weight seven and one-half pounds.
ltev. William Elledge and M M
rtedenbaugh went to Wahoo Tuesday as
delegates from the Congregational church
to assist In the organlrlng of a church
in that place.
Korty-seven members of the brother
hood of the Congregational church sur.
prised Thomas Murtey on Wednctday
Kimball Grand Pianos $650 up
Kimball Upright Pianos 265,p Tem1S jff DeSII-d
Whitney Pianos ...,S250up mj
(Kimball Mfg.) m u
Kimball Player Pianos $650up flOSD G
"Wliitnev Plaver Pianos mi
IJinze Pianos . . ..... . . . .?225 up. Jgjg JJgJgg M
Kimball Representatives for 40 Years