Omaha daily bee. (Omaha [Neb.]) 187?-1922, July 25, 1914, Page 5, Image 5
THE Jihlv DM ATI . SAL'UtDU. ,H IA L 1H14. 5 i 4 1 t 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 m o ' o M .2 H Q3 Bum 03 CO I Urn m .o I or m f 1 efl. H Zd i o m m ae El 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.