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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (May 5, 1914)
Till') BEE: OMAHA, TTESDAY, MAY 3. 1914. 3 Nebraska. SUPREME COURT DECISIONS High Tribunal Settles Number of Re cent Controversies. KAIL BOARD RULES CAR LINES rprniUnlou Mimt llr SHnrfd bj- the Street Traction Companlra llr fore The- Mnkr Important fhniiRe In Service. (From a Staff Correspondent.) UlNCOliX, May 4.-(Speclal.)-OplnIons handed down by the supremo court this jnornlni; did not contain the celebrated Insurance controversy opinion ns had been expected. Other opinions covered the Oina hotel cafe on n violation of the Albert law, three damago coses, opinion In a saloon case which Rives the right of decision on a location to the local board, an opinion covering the right to damages because of testimony given before a grand jury and another opinion giving authority to the State Railway commission to ar range for the changes In the running of street railway cars. Following arc a few. of the more important decisions: DnmnRe Verdict Uphold The supremo court affirms the Judg ment of the district court of Douglas county for ,18,000 given to Nolen E. O'Dell against James Stewart & Co., contractors for the erection of the Union Pacific headquarters in Omaha. O'Dell was an Iron worker and belonged to the so-calltd "'derrick gang'' which raised the temorary flooring of planks to the floors of the building. Ills duty was to assist in placing the hoisting ropo nround each load of plank and then ride the load to its destination above. On October 21, 1910, O'Dell rode a load to the fourth floor of the building and while laying tlie planks stepped o'n one which was defective, which broke and he1 fell to the ground fracturing one leg and sustaining' otler injuries. Ho sued for $25,000, claiming that as the plank had ti knot In It, weakening It, the company was negligent. Location of Snlnon. "The determination of the locality In which a saloon may be conducted Is one which Is committed to the good Judg ment of the licensing board and not to the discretion of the courts," Is the opin ion of the supreme court. "The courts may Investigate, whether tho law has been compiled with as to the facts "upon Which tho right to grant a license de. pcnd.8, but unless, perhaps, In extraor dinary cases this Is as far as they may go," The opinion Is given on the appeal of William C. Fraser against the action of tho license board of Omaha, in granting a license to Tod P. Hunter over a re monstrance as to his fitness to operate a,' saloon in the city of Omaha. " Judgment Heveracil, .A Judgment secured by Alexander La bile in. the district court of Douglas county, Is reversed by the supremo court and the case dismissed I.aLoue was Injured while In the em ploy of Peter Soderberg, & contractor, and sued the latter. It was shown in the evidence that the plaintiff was careless, In' that' he did not-look to bm the con "ditloti 'at a 2x1, "which lie tooft hold' of and which turned and allowed him to drop eight or' nine feot. The court held that: 1. A master is not an Insurer of the safety of hla servant, but la only re quired to use ordinary care in furnish ing' the servant with reasonably safe, suitable tools and Implements, and a rea sonably safe place In which to perform his work. 2. An experienced carpenter engaged In the work of erecting a one-story build ing assumes the ordinary risks of his employment, and Is required to use such means In climbing upon and descending from such building as his own. Judgment and convenience may suggest. Disputing Facts. An echo of the grand Jury investiga tions in Douglas county in 1808 appears in an opinion handed down by the su preme court affirming a decision of the district court of that county dismissing an action for $50,000 damages brought by Duncan D. Turner against the Columbia Fire Insurance company because of evi dence given by representatives of the lat ter alleging that Duncan was responsi ble for the destruction by fire of prop erty owned by him on which he held Insurance In the company. The court holds that "a right, question of fact; distinctly put In issue and dl- lectly determined by a court of compe tent Jurisdiction as a ground of recovery, cannot be disputed In a subsequent suit between the' same parties or their privies, Nebraska, LIVER OUT OF ORDER? Rheumasalts is Fine for the Liver and Kidneys. The liver Is the largest gland In the body and one of the most delicate and Important. I.ame back, shooting pains, tired feel ing, dlizincss, and nervousness simply mean that your liver and kidneys are clogged with Impurities, and that poison ous uric acid Is retarding their work of aiding the dlgcrtive function and filter Ing the blood, .'"ueli your liver and kid neya and set t i working right again by taring mien; . HHlts m water for a few mornings, Nearly all rheumatism, headaches, nerv ousness, constipation, dizziness, sleep lessness and bladder disorders come from torpid liver and sluggish kidneys. So keep your liver and kidneys active and working right by taking Rheuma salts. This wonderfully efficient effer vescent llthta drink helps the weakened Uvor and kidneys and cleans out the Btomach and eliminates toxins and pols ons and leaves the Intestinal canal clean and sweet. Rheumasalts Is a scientifically blended and chemically pure carbonated lithla drink. It is delightful to the taste. It is a uric- acid solven,. as well as u saline laxative. Acts quickly without griping or nausea. The next time your liver and kidneys bother you. or our back aches, get a bottle of llheumasalls. it comes in 26c, 60c and 1.00 bottles. If your druggist hasn t tue genuine nneumanaiis sena the price to the Hheumabath Company, Dept. t 1 1lt...n..nM- Ml.... fn. .. " Bdii .'l llliicni'uiio. ..im.. .... n and this even though the second suit Is for a different cause of action." Ilnll nonrd Units. An opinion Involving the authority of the State Railway commission Is handed down by the court In the suit of II. Herpolshiemcr of Uncoln to prevent the Lincoln Street Railway company from changing the tracking of Its cars without first petting a permit from the commis sion. The company attempted to take off what was known as Its "high line" cars to and from College View, which ran past the department store of the plaintiff, and have them enter the main part of the city over another line past the tlcpart ment store of a rival concern. The supreme court holds that no service can bo changed without first making an application to the State Hallway com mission and permission received. Notes from Beatrice and Gage County BEATRICE, Neb., May 4.-(BpeclaL)-The village board of DeWItt has re fused to grant a saloon license to Nick Ablg and will hear the remonstrance case against Jake Wunncnborg next Tuesday evening. The remonstrators charge that Wunnenberg at present occupies a build ing owned by an Omaha brewing com pany and is operating n saloon in the Interest of tho company. At preecnt th town is dry though it voted wet by twenty-two majority. Edward Henry Bute and Ernestine Roker, both of Clatonla, were married at that place today. The telephone exchange at Clatonla. which was destroyed by fire, has been connected up and service Is being given the public as usual by the Lincoln Tele phono and Telegraph company. Mrs. R. H. Yale Saturday received a message from Frederick, Kan., announc ing the death of her father, Sylvester Dennis, which occurred at that place Friday night. He was 90 years of age. Albert Smith of Plckrell brought action In the district court Saturday for a di vorce from May Smith, charging extreme cruelty. He asks for the custody of tho two minor chlldr.cn. NOTES FROM WEST POINT AND CUMING COUNTY WEST POINT, Neb., May 4.-(Spe- clal.) The town of West Point presents a very dead appearance since Friday morning, the eight saloons of the city being tightly closed. The new council have concluded that they have no power to Issue any licenses until 7 a. m. of May 5. The result Is that all drinking places are Inaccessible until that time. The filings for county office, up to this date, are only three In number, viz: Ar thur Sexton, the present incumbent, has filed for sheriff; Miss Emma R. Miller for county superintendent and Rudolph Brazda, present deputy, for county clerk. Ferdinand Koch of West Point has also filed for state representative from the Twenty-first district. Ludwig Beaunc and Miss Elizabeth Ket- ter were married at the German Lutheran church by Rev, L. E, Treakow, pastor, on Thursday. The groom Is the son of Mrs. William Beaune and the bride the daugh ter of Mr. and Mrs. G. Kettler of Bis marck township. The young couple were born and reared In Cuming county. They will make their future home on the. old Beaune farm. v A sharp bolt of lightning killed a valua ble cow belonging to Schlustock brothers. The animal was valued at $100. A serious accident befell Mrs. J, D. Romlg of this city on Friday, resulting in a broken arm and other injuries. She fell while descending the stairs at the Grace Lutheran church. A marriage license has been granted to Edward F. Pates and Miss Marls A. Throener of this vicinity. The couple will be married at St. Mary's church on Wednesday morning next. Nebraska. NOTES FROM KEARNEY AND BUFFALO COUNTY KEARNEY. Neb., May 4.-(SpeclaD-Wlth the letting of the contract for the installation of a ninety-four electrolier lighting system this week to- tho Mid west Electric company of Omaha, the city is now assured of a new lighting system within the next two months. About 226 additional lights will also be Installed in the residence districts. The new system will be Installed by July 4, In time for a big celebratipn to be pulled off In this city on that day. A base ball league has been organized among the churches of this city and a schedule has been planned for a regular scries of games through the summer and a pennant Is offered for the winner. F. G. Keens, who is now visiting In this city from California, will let the con tract Boon for the erection of a moving picturo theater with a seating capacity of 700 people and being S0xl30 feet in size. The lobby will be finished in mar ble and all through the latest In theater styles will prevail. The building will cost approximately J2S.O0O. STATE ESCAPESHEAYY FROST Cloudy Weather Prevents Much Damage to Fruit Crop. PROSPECT OF BUMPER YIELD SANDERSON'S SONS ACT AS PALLBEARERS OXFORD. Neb.. May 4.-(8peclaJ.)-Jonathan Sanderson, an old time and respected citizen of Furnas county, whose death occurred a few days ago at Lin coln, was burled In the Highland ceme tery northwest of town this afternoon. A large number of old friends and neigh bors attended the funeral. A rather unique feature of the funeral was the fact that his six sons acted as his pall bearers. For the last few yearn he has lived In town, but before that time for many years he was a resident of the Highland neighborhood. He leaves a wire and several grownup children, nearly all of whom live in this vicinity. Mr. San derson, wh!4 alive, was one of the larg est men In Nebraska, measuring between six and a halt and seven feet in height, and equally large in other proportions. Secretary Dnncnn of fftntr llorttrul- tnrnl Society Dec In re Outlook Itrlftht for This Chnrnctrr of Crop In ,rlirnkn. Nebraska, Nebraska iFrom a Staff Correspondent.) LINCOLN, May 4.-Spedal.) That Ne braska closely escaped a very destructive frost. Is the opinion of Secretary Duncan of tho State Horticultural society. "I have received no reports shontnt; that nny part of the state suffered dam age last week," eald Mr. Duncan this morning. "It was brobaly about tho nar rowest escape the state has had for many years. The tomperaturo was low enough for three nights, but fortunately tho clouds remained until morning and no frost of a killing nature appeared. "Should wee scape farther along In the season there are Indications thatt here will be a large crop of fruit of many kinds," said he. A candidate for governor, another fc congress and a third for the state Ken ate comprised the crop picked by the secretary of state 'from his mall this morning. John G. Maher of Lincoln filed for the democratic nomination for governor. Raw Thomas M. C. Birmingham of Grand Island filed for the prohibition nomination for congress In tho Fiftn district. He files )y petition, containing twenty-eight names. Pttcr Wink of Kearney, who served In the senate at the last session from the Twenty-second district, comprising the counties of Buffalo, Sherman and Kear ney, desires a renomlnatlon at the hands of the democratic party. Howard Yet Undecided. State Auditor W. B. Howard returned last night from a trip to Omaha and this morning was undecided whether he would file for the republican nomination for congress from the Second district. He said n great deal of pressure xm being brought upon him to accept th nomination by friends In pouglas, Pnrpv and Washington counties. Huerta Collecting Taxes Ahead in Mexico (From n Staff Correspondent.) LINCOLN. May 4 -(SpcclnU-Acconl-Ing to John Tully. tuesldcnt of the First National bank of Crete, President Hucrta of Mexico Is collecting taxes on land owned ly Americans In Mexico double the valuation of last year, tho collection coming throuch his hank for Crete people owning Mexican land. The offer la nlso mmlc that If payment is mado for 1!15 n i eduction will be miule on the nmotlnt charged for 1911. Iliiii(ii'( for tlnnkrt Ilnll Ton in. WEST POINT. May 4.-(SpcelaU-Thc Imsl.ot ball team of the West Point High school, which recently won the cup and championship at basket ball at Lincoln, wcro tendered a banquet by the citizens and the school board at the Auditorium on Wednesday. Covers were laid for 100 guests. P. M. Moodlc acted ns toasttnas ter and the responses were given by Su perintendent Howcn. Prof. Hackett, coach of the team; Charles Y. Thompson and "Wayne Wells. The boys were pre sented with a handsome set of sweaters by the athletic hoard of tho high school. Speeches were made of an Inspiring and congratulatory chnracter. J ' . . Practice tinmen nt i orW. YORK, Neb.. May 4.-(Speclal.)-The rrohlba, after defeating Glltner's ball team last Friday. 5 to 0, went to Hastings Sunday and trimmed the Reds. 10 to 1. On Tuesday and Wednesday Grand Island will come here for two games and Thurs day nnd Friday Hastings will come for two gnmea. Saturday and Sunday the Prohlbs 11 go to Grand Island for the last practice games before the league games start. The season's games opens here on May 12 with Norfolk. BURLINGTON PROTESTS YALUE Tax Expert Pollard Appears Before Board of Equalization. DISCUSSION OF LAND YALUES Member tnUc Mnttrr t nder Adtlie lurnt, While Pullman Cnr I'ont pnny U Allowed to Remain nt the Jump Klunre. i From a Staff Correspondent.) LINCOLN. May l.-(Speclal.)-The Stale Hoard of Equalization held Its first ses sion of the year In the office of Governor Morehead this morning and took up the valuation of railroad property. Tax Commissioner Pollard of the Bur lington appeared before the board ;ind asked for n readjustment of valuation for his road. According to his statement the road was ansessetl last year at Jll. I'JI.Jft per mile. The. railway commission found the icproductlon new valuo wuh 143,002 per mile and the depreciation valuo JJt),67J at the present time. According to the census reports the value of lands nnd buildings In 1310 was l.Sn,3(a,M5. The state auditor's report for the same year shows the assessed value of lands and Improvements to be K03,64l,reS, which, multiplied by fle, gives the probable actual value ns tl.01S,Q3,SX, to that ac cording to tho censns this class of prop erty was only assessed at a Hltlo over 58 per cent of the total valla. He said that the expert of the State Railway commission, Mr. Reed, placed the average value of land In the state at 142.42 per acre. The average assessed value of land in 1912 waa Stl.tt per acre or Ml. 30 for full value. Earnings and operating expenses of the road, nccordlng to Mr. Pollard, In 1913 were J2.189.ffi per mile, being 6H per cent on the $42,0000 per mile assessed valuation and 3.5 on tone actual valuation at which they are taxed or JSO.OO') per mile n.i.. ti. ... nnii Judicious Use of Alia j ci ."- Newspaper Advertising Is the Road to liuslness Succcsi. Hair Falling? Then (top it 1 Stop it now 1 You an do it with Acer's Hair Vigor. Docs not color the hair. i n ... - J. a IrrtOa., nam iwr uuuui Lamij. Mi Ilojal .Neighbor at West Point. WK8T POINT. May 4.-(Speclal.)-The Royal Neighbors of America held their fifth annual convention for the Third dis trict at West Point on Thursday. A large attendance was present and a very suc cessful meeting took place. Papers were j read by Mrs. Edith Sundeberg of Stan- I ion ana oiners ana a scnooi or instruction I waa held by Mrs. Alice K. Stevenson, j state supervising deputy. .The officers ' for the district are Lizzie Koch, West Point, oracle; Etta Perrln, Winstde, vice oracle; Rosa McIIale, Lyons, chancellor; Nora R. Kidder, Fremont, recorder; Min nie Kelley Bancroft, marshal; Anna Kuhle, Leigh. Inner sentinel. lhelm Co Sometime a Grape-Nuts ad May Set You Thinking Grape-Nuts ads have set many people thinking, who for years have been suffering from constipation, liver complaint, headache, "nerves," and various other troubles arising from indigestion. Thousands are learning that one common cause of indi gestion is the lack of mineral salts phosphate of potash, iron, sulphur, etc., in the ordinary diet. This is true of white bread, for, as is well-known, nearly all the mineral salts are removed from flour in the milling pro cess just to make it look white and pretty. Scientists tell us this lack of mineral salts in food is caus- . ing actual, if slow, -starvation, for these salts are. absolutely . necessary for the growth and maintainance of body, brain and nerves. What set people thinking was that the "ad" pointed out the cause of- their trouble, and why Grape-Nuts would probably help them A ration of Grape-Nuts along with other food supplies what is lacking in the ordinary diet, because Grape-Nuts made from whole wheat and barley contains all the nutritious ele ments of these grains, including the invaluable mineral salts; Grape-Nuts is an ideal food ALL the time. Comes ready to eat from the package, fresh, crisp and appetizing. Digests easily and quickly. If one of these days a Grape-Nuts ad sets you thinking, and a trial of the food starts you on the Road to Wellville, you'll know "There's a Reason" for Grape-Nuts sold by Grocers everywhere Orchard & Wi Tho Only Store hi Oiunhn here Hooslrrs Arc Sold. Why Not Decide This Tomorrow, Once for ALL? 1. Do you want this new HOOSlER put into your home, NOW for only $1. 2. Or will you wait and miss the benefits of the liberal HOOSIER PLAN? Tlio oiul of this grout op port unity may come sooner- tlimi wo oxpootod. Scores have stood in front of our window and ad mired "White Reauty" shown there. Many have already enrolled on tho HOOSIKU PLAN, which is as follows: 1. 91 puts tho llodslcr you .se lect In jour home. $1.00 weekly pnjN for II. :. Tho low rnsh price fixed by llio factory prevails strictly. I. The niiIo Is under the direct Will you Rrnsp thin opport you Uolny and rink coming too Detroit Jewel Gas Stoves SPECIAL DEMONSTRATION A Hpoclnl factory representative Is present all of this week to show by actual operation why Detroit Jewel Stoves are n superior value. We show all styles and sizes. Up from $12.90 In the Basement. Hoosier "White Beauty" Advertised In Leading Magazines Mipervlslon of the HOOSIKU company. ti. No Interest. No extra fees. II. Your money hack If you nro not delighted with your unity and come, tomorrow? Or will late? R Vacation Through the Tours West PACIFIC COAST. Round Trip. San Francisco, 1os AiiReles, I'ortluud, Seattle, from .lime 1 60.00 Seattle, tlll lower rates Juno O to 18 S55.00 Including California and Seattle, additional S17.50 YELLOWSTONE PARK Open About June IB. To Gardiner, Cody or Yellowstone .$112.00 Side tour from Livingston, nil accomodations S5IS.50 Tour via flnrdlnor, nil accomodations -. S82 50 Tour tla Cody, nil accomodations , , JBS4I50 Tour, in via Cody, out vln Gardiner, nil accomodations. . .S725 Tour, in via Gardiner, out via Cody, nil accomodations. . . .SR) 5Q Tour In-via Cody out vln Yellowhone, Scenic Colorado, nil accomodations S103 50 Tour, in vln Scenic Colorado, Yellowstone; out via Gardiner or Cody, nil accomodations , R03.50 Wylle Permanent Camp tours, from Gardiner, tl days $40.00 Wyllo Permanent Camp tours, from Cody 7 days. ...... .S50!75 Frost and Itlchard conducted tours, ft out Cody , , .gSO'OO ROOKY MOUNTAIN TOURS June 1. Glacier National Park, nowly revealed wonderland; to Glacier Park Station S35.00 Denver, Colorado Springs, Pueblo S17 50 Kate Park, one of Colorado's most attractive regions. . . .S24i50 Salt Lake City, with stopovers through Colorado S3050 THE BLACK HILLS-June 1. Hot Springs, S. I) $15.75 Dead wood nnd leud $18.75 THE BIG HORN REGION June 1. Sheridan and Itnnchester, Wyo., in tho beautiful Illg Horn Mountains gateways to Ahsurakn Park, Knton'N Hunch, Paradise Hanch, Plney liui, Tepco Ijodge, .Mountain Home Hnncli anil many others S2r 75 Thermopolls Hot Springs, Owl Creek .Mountains. ... '. ". !$3200 Cody, Wyo., cast entrance to Yellowstone Park; depot for :i ' liar llanih, W-Dlnmoiid Hunch, Morris Hanch, Pahaskn Inn, Holm lodge, etc $32 00 Homeseekers' Excursions First and Third Tuesdays. BOoKltta rre "California Excurlon." "Summer Tours of Faolfio Comt," "Ydlowitone Park," "Cody Road Into Yellowstone," "Oolorado-Yellowtona Toure." "Worthweet Tonrs," "Colorado-titan Hand book," "Eatea Fark," "Bltr Horn Beaorts," ''Summer Toura Weatbound," "Tlie Black Kllla." CITY TICKET OFFICE, 3502 Farnam Street. Phone D. 1238. Budwei Spells Temperance 2r Anheuser Busch Co. of Nebr. DISTRIBUTORS Family trado supplied by G. H. HANSEN, Dealer Phone Douglas 2506 OMAHA NEBRASKA Specify Your Needs, Bee Want Ads "Will Serve You in Home, Store and Office Tyler 1000 I