THE Jihlv DM ATI . SAL'UtDU. ,H IA L 1H14.
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KLOPP AGAIN JN CONTROL
Wini Legal Battle with Stockhold
ers of Klopp and Bartlctt.
REORGANIZATION IS CANCELLED
Xraportnnt Drclalnn nrnrtrrrit hy
District Jndnr. Jrnrii (tint Pre
ferred Mnrkholilrm rd Vot
tlr GlTpn rowrr to Voli.
"WON'T EAT," SAYS BECKY. "YES
YOU WILL," SAYS DR. DAVIS.
A deer relurnlriR to Anron T. Klopp
control of thf Klopp HurtWt company,
from xrhlch he wa ousted srvernl months
Kt by other Morkhnlnr In the corpora
tion, wbs Issued by Plttrlrt .lodge Scnr.
Several months ni?o Mr Klopp, who
held control of the common rtock nnd
control of the rorporntlon, wn Induced
to reissue coinnion stock for the preferred
trtock, held by the defendant!. In the be
lief that tho state constitution required
him to irivM th holders of preferred
tock voting privileges. In the reorgan
isation the new common atock Irsucd
acquired the ame voting power as his
former 81 per cent. The result was that
he wtm soon practically ousted from tho
control of the concern, according to his
charges, related to the court.
Judge Scar held that the situation was
Incorrectly represented to Mr. Klopp
Th decree hfld that Mr. Klopp (s
"legally entitled to the RrantlnR of the
prayer of his petition, wherein h. asks
that the stock ns lost Issued hy the cor
pomtlon. be retired, and reissued In nil
respects as prior thereto. That the arti
cles of Incorporation as amended con
trary to the views herein expressed, bo
cancelled and decreed re-pnarted as they
were before they were pretrndedb super
leded." Wfept old Omnhn (ompnnj.
Aaron T. Klopp. with hli hrother. C.
M. Klopp, and his brother-in-law. v.. AV.
Bartlett. Incorporated the Klopp & Bart
ltt company In Via. it hnvInK been con
ducted as a co-partnership for 'several
years prior , to that time. In 1M2 Anron
T. Klopp purchased the stock belonging
tr his brother, and .T. B. Ttedfleld was
taken Into the corporation. Other blocks
of stock were sold to other employes of
the concern. Anron T. Klopp retaining il
per cnt of the common stock and expect
ing to retain control of the corporation.
Subsequently, tho defendant stockholders,
T. B. Redfleld, Harvey K. Mllllken.
Francis Colvln, Frank Devorc, William
II Metcalfe. Ottn S. Schlelck, Carl It,
(Souchner find Minnie Blarkett. gained
control of tho preferred stock and Aaron
T Klopp was voted out of control of th
i oncern, and a new president of the com
i any was elected.
In handling down the decision In the
case Judge Sears said:
"My conclusion is that at the crucial
moment between the parties In this liti
gation, that the 61 per cent of the com
'mon stock held by Klopp was In entire
control of tho affairs of the company
and that the preferred r-tock wus without
voting qualification nt stockholders'
meeting.
"The testimony from both sides leads I
unalterably to the conclusion that Klopp!
always personally desired to mnlntaln
with his 51 per cent of the common stock. I
his control of the corporation until hoi
should vountarlly appose of his slock In
and lack of preferred, qualities, Its pre
ferred qualities bring Its fixed dividends
before a dividend could be declared In
favor of tho common stock; Ita laok of
preferred qualities being In Its having
no vole In the practical affairs of th
company, any more than tho voice of a
strictly named mortgage."
The lawsuits Involving control of the
Klopp & Hartlctt company have formed
what Is said to have been the hardest
fought legal battle between stockholders
In a corporation In the history of the
city. Mr. Klopp lost the first two suits
brought- by him and won In the third,
which Involved all Issues In the case, lie
was represented by Attorneys Howell and
Burbank. while .lefferls and Tunlson
acted for tho defendant stockholders.
Judge Pears" decision that preferred
stock need not be given voting power Is
of Interest to every corporation In Nebraska.
NEW EVIDENGEON MURDERS
Some Witnesses Who Testified at
Inquest Will Be Contradicted.
MOTIVE FOR QUARREL IS SHOWN
t'ornner'n Jnrr Will llf-ronvene
VednrdnT tt t.enrit NeTr Kncls
Perjury ChnrKO Mir
lie Miwlr.
has spent liiuih time following a Hnr -f I
thought which mm lead to tlul action i
for (Ihiiihucs against the saloon ke. per
I who sold the victims liquor. IVteetlves
Itlch and PMiinawskt nro still on tho
! cso for tho police, and today Chief M
1 loney assigned two more men from his
bureau to probe the affair.
Coroner Crosby Is still making personal
Investigations and Thursday saw several
of the Jurors acting as sleuth on their
own motion.
Hundred and Seven
Oars of Wheat Day's
Receipts Locally
Wheat receipts on the Omaha market
today nggregated 107 carloads, nearly all
of which was sold for milling purposes.
There were fifty-two carloads of com and
thirty-eight of oats.
The wheat stocks continue low. owing
to the unprecedented demand for the
grain for milling purpoi-es. The stocks
on hand at thin time are S2.000, as against
SU.OOn bushels on the corresponding date
of last year.
Tho easing off In prices on corn Is hav
ing the effect of more going Into storage
than usual, the stocks In elevators toda
being Ktf.OOO bushels, as against H.(XV)
bushels on this date of one year ago
When the coroner" Jury Investigating
the mysterious deaths of William Bapp,
Fred and Peter fchroeder. reconvenea
next Wednesday afternoon, new evidence
of a nature ns yet withheld, will bo
brought out by tho police. It becamo
known today that two persons had volun
tarily appeared before the authorities
with evidence and stories which contra
dict somo of the witnesses who appeared
on the stand early this week.
That several of the witnesses nado
false statements Is charged by other wit
nesses.
"From what we now have, t run moro
firmly convinced than ever that the men
quarreled among themselves." asserted
Chief of Police Dunn. "Wo have clues
which Indicate strong motives for auch a
fight."
If charges of perjury can be proven, tt
Is possible that the arrest of several wit
ness's will follow the Inquest.
Joseph llapp, brother of ono of tho vic
tims, has hired a private detective to in
vestigate. This detective. It Is declared,
Judge Decides in
Favor of Martin
District Judge Tosllo ha decided In
favor of City Treasurer P. J. Martin nnd
City Attorney Murphy of Houth Omaha
In tho case In which Mayor Thoniaji Hoc
tor nnd tho city council sought to expend
tho fund derived from collection of back
taxes for various city expenses. Tho deci
sion means b t-nvlng of about ItyOOO to
South Omahnns nnd the Jurist declared
that Treasurer Martin, acting under' tho
advice of Attorney Murphy, did right In
placing tho money forthwith upon ltn
receipt In tho city sinking fund.
Choice f the House
Your unrestricted choice, of nny
Womnn'n Suit, Oont or Drosa in our
ontlro stock, Saturday nt $10.
ORKINS, 1510 Douglas Street
ABOVK BECKY EDEI.PON. BELOW
COMMISSIONER OF CHARITIES
KTMIiniNU B. DWia.
NEW YORK, July 2. That American
authorities will cope differently with their
hunger strikers than dp the Knglish po
lice' Is evidenced by the stand taken by
Charities Commissioner Kntherlnn Davis
in tho case of Becky Kdelson. the an
arc'. ist agitator, on a hunger strike at
Blackw ell's Islnnd. "I'm going to serve
my full ninety ilas's." says Becky, "if they
want to keep -mo, but 1 won't take oven
a slnss of water. They can let mo die
If they want to." Dr. Davis Is not wor
rying over the prisoner's attltudo. Com
missioner Davis will resort to forcible
feeding It necessary.
whole Or psrt. That time had not ar
rived at the time of the change of the
constitution or ortlcles of Incorporation,
whereby the preferred stock was taken
up and all stock re-Issued as common
ilock.
Leant Stntiis of Stock,
"No one Would buy preferred stock ex
cept on a knowledge of Its preferred,
Fence on Sidewalk
is Ordered Removed
City Commissioner C. H Wlthnell has
ordered tho fenco about the t'nlted Ptates
nationnl bank building nt Sixteenth and
Farnam streets removed at once. It was
put up to protect pnssersby from Injury
while the Bteel framework of the no.w
building was being hoisted.
PUGNACIOUS GORMAN
LEAVES WITH HIS WIFE
Jae Gorman, pungacjuus pugilist, ar
rested on complaint of his wlfo, was dis
charged In pollco court when ho prom
ised to leavo town Immediately. Gor
man, according to his wife, has made
troublo for her In half a dozen cHIcb and
always beat up police officers who camo
to her rescue. In Omnha the police ro
versed the usual performance and Gor
man was a badly whipped person when
ho appeared In court.
Mrs. Gorman will leavo Omaha with
her husband.
Gorman several years ago gained a
slight reputation by fighting Stanley
Ketchel and later Knockout Brown. In
both fights ho was defeated.
Strengthens Weak Kidneys.
Blectrlo Bitters will moro than surpriso
you after tho first bottle;, get n. bottle
today, safe and sure. SOc and Jl.OO. All
druggists, Advertisement.
KILPATMCK'S FINAL
MILLINERY CLEARANCE
Summer Hats
$1.98
75 Hats, including blacks, a few colored and leghorns,
Trimmed in feathers, ribbons and flowers. Somo of
these hats sold for $10.00, others a little flg
less. Yours Saturday at . . . V v W
UNTRIMMED SHAPES 49c
Untrimmed shapes, in black and colors, some cost as
high as $3.50. We will sell them Saturday at 49c
Saturday Sale Summer Wash Dresses
DRESSES Worth to $7.50 V A DRESSES Worth to-315
do AOI,ato "ty'o
JK MXdronBos In
xfc-,'v'cropoa, lawns
nnd voiles, with tho now
lotiR tunics, In whlto, col
ors nnd strlpos; worth
from $5.00 to $7.B0.
HOUSE DRESSES
sh) i g v A splendid bar
Sv I nSKal11 ln hotiso
l A 3xJ ,i r o s o s, In
Slnghnm, poroalo nnd
nnidrns. In solid colors
nnd strlpos, worth tip to
$2.75. All Biros.
LINGERIE WAISTS
1 nt" Kirop tlonnl
'k I S vnluos In wash
dainty lawns and vollos,
handsomoly trimmed with
laces and in sort ton.
Worth to $3.50.
in f
ITT" M
$6.50
Tho season's
best models
ratine, linen,
voile, lawn and crepe.
They feature tho nowost
stylo tondenclon and aro
worth roRularly $12.50 to
$15.00. 1
MIDDY BLOUSES
Throo different m
stylos, in all whlto Lllf
or rod and bluo
trimmed, with breast
pockot nnd lace ties
regular $1.25' values.
WASH SKIRTS
$2.25
Pretty sepa
rate wa i
skirts. In linon
and plquo. Thoy come In
whlto, natural and colors.
IjOhr tunics. Worth to
$3.75.
A Closing Out of Our Summer Wash Suib
$7 CftRangimj in Value from $20.00 to $30.00 Qfl EJA
tpl iUv0 huV0 ioft nbojrt twolvo of our hiRh. KTadoP
wnsli suits in Kronen nnd ttatnlo linon. Colors aro white, copoo, lab
rr.dor and tun. Many aro roal hand ombroldorod and ran go In value
from $20.00 to $30.00. Sizes 34 to 40,
OLOAKS, SUITS, DRESSES, WAISTS Second Floor.
Yoax,Best
Vacation
(he knd of "The
Shqptuvd at the &Uet ttratm
ui immfiAt win cNiu nkwi lavtra of tka
, Jfuvo(4
IfkaMia ilisiwn fcr wry
Mesoadtioatedemy pmie.
Mmauri.Pacific
TXXX BlUUHJIW
ALES at KILPATRICK'S SATURDAY
r n&
E SALE X,
m irm
SiS SHO
The Sign Post pointing to the special and
important sales means more than a simple
indicator It is rather a sign manual to tell
of phenomenal values which cannot fail to ex
cite the wonder of all who will attend.
rts at 9 A. M
SiQk Sal Sfa
' hi
The Shoe Sale in itself is sufficient to crowd the store
600 PAIRS All sizes and practically all widths; $3.00, $4.00 and oven $5.00 pair former prices,.
$1.00 per pair Saturday, starting at 9 A. M. In point of stylo, workmanship and fit the best values
ever seen by us. Spread' out on Bargain Tables arranged in lots. You will aid us by having even change
one dollar in currency or silver and yours tho shoos worth 3 or 4 times tho price.
ALL DAY
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At the Silk Section
Between 300 and 400 yards of much wanted
CREPES, POULARDS, ETC., new stylqs, made
by standard makers 40 to 42 inches in width
(Note width pleaso; really double width). Sold
everywhere from $1.95 to $2.25; Saturday starting
at 9 A.M. 89c por yard. Now tho sale price is
less than goods of HALF the width are sold at.
Rather EXCITING, we think, as woll as won
derful.
Extraordinary Bag Sale
This sale starts at 10 A. M. Two Lots:
No. 1 Late styles Pin Seal, Persian, Mor
rocco, Grain Seal all good leathers and exceed
ingly well mado; sold up to $3.00, will go quickly
at SI. 25.
No. 2 Fine Bags Walrus, Vachette, Silk
Moire, etc. many with 3 fittings; sold up, to
$5.75, yours at S2.58.
Not in many moons have we offered such won
derful values. Don't raiBS the time or you may
have regrets.
A Bull in a China Shop
would not causo greater commotion than our sale
of Glasses. This one at 9 A. M. Colonial glass
footed Sherbets 25c for Y2 dozen; usually 80c
per half dozen. We cannot deliver these.
At Glove Sec Odd Lots, at Wee Prioes
HIRT SALE STARTS SATURDAY AT 9:00 A.
Laundered cuffs, soft cuffs with separate collars; a great variety of patterns, excellent qualities, sold previously
at $1.50 and $2.00, Saturday, 98 CENTS EACH. The best will be picked up rapidly. Remember the time.
Heaps of people are going away. Railroad men are smiling. We likq to help a good thing along, and so we place
on sale Matting Suit Cases, special from $1.49 to $3.00 each.
LINEN SECTION 8x8 and 8x10 Linen Damask (Mntlis.
at S1.98, instead of $3.00.
5-8 Napkins to match the cloths '$2.49 instead of $3.50
Marvelous values in White Goods ono tot sold up to to $2.50;
Saturday '. 89c a yard
Bath Towels 25c each instead of 35c
Bath Towels 29c each instead of 40c
For your comfort and our convenience lot us suggest that
you visit tho store promptly at tho opening hours 9 A. M.