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
