Till; BKK:
OMAHA. SA'ITK'DAV. (KTOHF.H 17. 1m.
Nebraska
GRAIN CHANGE GAMBLING
Supreme Court Decides Transactions
on Board of Trade Unlawful.
RULING IN SUNDERLAND CASE
i
Deelaloa Also fJlven that Rliht tJ
Pita Recall Trtltlon lln. IK-rn i
Legally ncsrulatcd hr the
IieftUlatare. j
(From n Staff Correspondent.)
LINCOLN, Oct. ft ?retal.)-Op'.r.iui: I
handed down by (hf iwimo court today I
Inilcpt. In one om tliat the same r;rlitn
whlrh are givtn a voter at .in election
do not exist In the rase of a recall' of an
elected official. Transactions on ' the
board of trade are held unlawful and
tho court have no authority to step In
and assist either party.
An action by an UKent against a prin
cipal to recover for aliened commissions
and money advanced for the principal
Jn transactions Involving nlletced pur
chases of strain on the Chlcaco hoard of
trude for lutiiro delivery, according to the
court, depends whether the Intention was
that the principal should become tho
fictual buyer of grain through the agency
of the commission merchants or whether
it was expressly or impliedly agreed to
act as the principal's agents In gambling
purchases of grain which the principal
had no Intention of receiving.
The case cornea from an appeal from
the district ' court of Douglas county,
Sunderland & Saunders, who sought to
recover $5,593.75 rom Frank B. Hihhard,
alleged to be due tfcem for transactions
on the Chicago board of trade through
Jllbbard, who was made defendant.
Defendant put up, as his defense that
the transactions wre based on the fluc
tuations of the market and were purely
1'lctttlous and gambling tranwicllons in
violation of law and contrary to public
' jiollcy, and therefore could not b col
lected upon by law.
The district court held against the
plaintiffs and thsuureinn court frirm.
tho action, saying: "In such a ease the
courts of the state will not aid either
party to the transaction."
Contract for La ad Holds,
A contract made by a corporation for
mally executed, in its name by its pres
ident win, 1 the absence of proof to the
contrary, be assumed to have been au
thorized by the corporation and the con
tract madu by A. U. ntckney, president
of the Mason City & Fort Dodge Rail
way company, as it? president, for the
mle of a tract of land to the Omaha
. Wool A Storage company, on .which It
elected a warehouse, stands, ,and the
judgment cf the DoukIhb counVj district
court Is therefore affirmed.
Sentence Made Lighter.
The Judgment of the Lancaster county
district court is modified by the supreme
court in the application of John Hudson,
sentenced to the penitentiary for seven
years for assault upon the person of
Anna Welse. a 14-yep.r-old girl. The tertl
mony given hy witnesses alleged that be,
fides the criminal nets of the defendant
he hud receive d money from other parties
in connection -with other ,acts of a like
nature. Tho unreme ourt IioHm thai
on account of the ago of the drfenda: t,
who was ;i years old at the time of the
trial, that the sentence of seven year
wua excessive and modifies It to three
year j.
Kin May Hold Plnre.
O. J. King, city commlss.oner of Lin
coln, can retain his office to the end of
the term for which he was elected, the
supreme court holding that a recall peti
tion filed bv citizens of Lincoln nnd re
jected by City Clerk Thomas H, Heig did
not contain a siflicirnt number of signa
tures of legal voters. The city clerk re
jected all namea on the recall pctltioii
which did not appear on the regulr.r vot
ers' register. Tiio court holds thit while
a man's right to vote la not taken away
by, his ftilliiro to register, tho rUht to
sign a recall petition is different from the
voting privilege. .
ICvldeaee of Death.
Bridget McLaughlin of Holt county can
recover from the Woodmen of the World
the sum of $1,000, Insurance carried by
James W. McLaughlin, her son, and of
which she was made the beneficiary In
case of death. " There la no direct evi
dence that the young man la dead, but
it . is held by courts that seven years'
absence without tidings may be taken as
evidence of death. The lower court held
that 'the evidence introduced in tho case
of McLaughlin was sufficient to indicate
his death and a Judgment was rendered
lor th amount, and the 'supreme court
holds likewise.
Canadian Soldiers
i Given Big Welcome
By English People
i '.I.l-IUm, l.iiR.. Oct. R-tV!a l.on-
dcm. r s'innlt.g before dawn today front j
stations within a radius of tn miles
Canadian "troops hrve been pouring Into
ramps prepare! for them on the rolling
Salisbury plalnc nnr here.
Frst come a lor.g transport train, cori-
po'ei of wijocs lirt.wn by trtctlnn e:i- :
glnes, then th-- motor trucks, mil lurtly
the commandeered Lordon tnoti.r buses, j
The lvnlry end arti'.U-ry followed, and
moHt of the.-e unit now are in camp,
hut only a few infantw reiltne;its o far
h arrived.
lons t-efnc O.twn the sleepy old
luires scntfie.' over th" country core I
nwiiAened by t:-. .inns of hoofs on the
hard roads. :
Those who lirteiied heard a Mtrangv
nviiley. Tte notts of "If a Pons. Long
Wiy to TlpperarV mingled with the
S)anlah-Anirr!rnn war favorite, "Tnere'll
F." a Hot Tim.? in the Old Town To
night," and other American ragtime, re
sounded lr. I he quiet Kugllsh dales. -
Along the rond.-i the troops everywhere
were receive 1 with enthusiasm. The peo
ple, expectlur a wild west dlwlin;.-, how
ever, were disappointed, for with the ex
ception of the sombreros worn by cavalry,
the uniforms of the Canadians' are much
the same as those of the Kngliuh troops.
Several F.ngllsh territorial reglm-nts
have been engaced in preparing the Cana
dian camps and a-tln? as convoy corps.
The greatest contract between there
forces and the Canadians Is the differ
ence In physique, the Canadians being
on an average much larger and stronger
looking than the Kngllsh.
Merchant Vessel
Captured by Yacht
Under an American
SAN FRANCISCO. Oct. ft-The Pacific
Commercial Advertiser of Honolulu,
copies of which came to hand here today,
relates how the Due de Montpensier, who
hES offered his services to the British ad?
mlralty, captured the German merchant
man Hamamotal, of nearly 4,000 tons reg
ister, white scouting off Hing Tau in
his yacht, the Mekong, which waa com
manded at the time by Captain Henry
E. Morton, an American citizen, formerly
a master in the service of the Facific
Mail Steamship company.
"On August D, while lying In the har
bor at Yokohama," the duke Is quoted
as having said, "I decided to turn my
yacht over to the Hrltiah government.
After a conference with' Sir James Cun
ningham Greene, the British ambassador
to Japan, my offer was accepted, and
th) British flag hoisted. Four rapid-fire
guns weremounttd and, still In command
of Captain Morton, we were ordered to
Join the British fleet, which was then
mobilizing at Wei Hal Wei. In the mean
time we were to keep an eye open for
German merchantment. While scouting
off Tslng Tau we sighted the Hama
metal. It refused to stop wfien we sig
naled, but a couple of shots- across Its
bows convinced those on board that we
meant business and it hove to.
''The officers of the Haroametal made
no resistance and we put a :prle crew on
board and took It into Wei Hal Wei,
where It in now held' a prize." 11 '
Captain Morton has resigned.
m " . w x ' m mm m m aa
V, t-k '1 '
i Hand
To Cure Catarrh
J Purify the Blood
Reason it Out, Where Doe it
Start the Mucu From?
DSfegS
"The Home of the Overcoat"
Txl of utoroa ran clniin to b "Tho Homo of the Overcoat. " Claiming is easy, '
but it took this store to prove it. Am wo tlitl. The proof consists of a stock that's
the pentest in tho west and values that are exceedingly hih. Our newly enlarged
daylight Overcoat section is as largo in itself as the average clothing store.
The Styles We're Ready to Show Saturday
They ..include, first of all, nothing hut good styles, up-to-date ideas poor styles
or fabrics never pass our buying care. We've a huge assortment of Balmaeaans, a
groat lot of Semi-fitted Coats, many Storm Coats and Ulsters and splendid lines. of
Shawl Collar Coats. As a matter of fact, no man could have an Overont iden that
could not be realized here at the Overcoat store where you are sore to J&iilyXut
Balmaeaans
HO to 35
Dress O'Coats
HO to $50
Shawl Collar O'Coats
$15 to $35
Let Us Point Out Some Sensible Reasons for
Buying Your Suits of This Store
The first reason is value we're famous for supplying it. The next is stylo
you're as sure to get that here as you're sure of night following day. You get good
service and courteous treatment here, too-all of which is summed in tho slogan
Where you are sure to &2J3mL
The Apex of Value $ f
in Quality Suits ... JIhJ
Suits tlmt are good enough for the most particular fellows to wear or they
wouldn't bo good enough for us to sell. We're ready with unusual assortments of
Tartan Plaids, Koroun Stripes, Chalk Stripes, Glen Urqnhart Plaids, Small Checks
and Overplaid. Anything and everything that is good style.
America's Very Finest
Tailored Suits. Here at
$
40
Pay your tailor a bonus of $20 over the price wo ask and you won't duplicate tho style, rich
fabrics and perfect fit that are a part of these Quality Suits. Thoy are tho type of -clothes which
never fail to suit tho most exacting.
Choose Fall Underwear Here Mackinaw Coats Boys' Extra Value Suits
Innumerable catarrh iufferer. hare
cured taeniae by purifying their blond
with 8. 8. 8. C.iarrti often invade, the
entire ajstem before it cbotca the naal
pauagea, it becomes .0 chronic and ex
n.l that the toroa"ti. liver, kidneys.
bronchial tubes and aiost cf the gland
r Involved without au-h aerluus eo.tll.
tlona being realized. tatarru may be
v,. M.nit nt aumo aerlou blood troabl.
f former years, and tUa la only one of
the many, peculiar effect! cf impure blood.
Vow a 8. 8 In Its influence upon the
n.ihiii urfuroa. iTinjoM thou catarrhal
umilnni to ba rbaneed or converted
into a substance easily, quickly, and nat
urally expelled, frotn the body. It so
rhinin this mucus that it is not the
font, rlotrrinr stuff that Dlucs the nose
rhokes the threat, cause. aeTere bowel
trouble. tiDaets th. stomach and contam
inates the fix.d lust entering the blood
It Is often dl.Tieiiit ti c-iovlnce catarrh
sufferers that chrcnio co'Jh, c!et psins,
rmvlDi. fetid breath and other symp
toms are only the local evldenc of deep
seated trouble. Get a hot t la f r). 8. 8.
today and try It. Ton wKl irtt z '& re
sults, real benrRt acd S".B aware o
a gradual cleaning up and a che-k to tht
prre.s and dangers of catarrh. AvoW
substitute., ft. B. 8. Is prepared only by
Th. Bwlft 8peel6e Co.. 61 Fvrlft !df.,
Atlanta, Ua. They conduct a medical de,
partmept Utr fre. advtct that U wortl
whll. aouuitlnc
Russian Defense of
Warsaw Indicates
Germans Thwarted
PKTROGRAD, Oct. 15. The official do-c-lBlon
to defend the city of Warsaw, made
public here, la regarded as Important In
two wnyn. . First. It Indicates that the
Germans have been thwarted In their at
tempts to etralghten their front, along a
north and south line, so that it would ex
tend from Otrolonka, tixty miles north
east of Warsaw, through Sandomir Into
Galtcia. and. econd, the Germans have
been obstructed In their plan to use War
saw as winter quarters.
With tnt exception of an engagement
south of I'rreniysl, wher the Russian left
wlrujjs reported as having- been ijuecess
ful in 'repulalna; the advancing Austrian.
and Germans, activity at other points c-n
the line appears to have been suspended.
German troops are now around Po
:angen and Jurburf?, a short distance from
the Russian frontier In the northern part
of East Prussia. The Russians at present
are making on effort to advance further
east thun the boundary of East Prussia.
Here the fighting has .-eised, while alon
the southern limits of 'CRst Prussia there
are few troops of elth r army until the
Vistula river is reached. Here the Ger
muns are endeavoring to advance along
the left bank of this stream to avcld the
ntrong fortreas of Goorglevak on the right
bank. ,
Russian exnerta are of the opinion mm
tt Gorman Dlan is to attempt to carry
the war Into East Galloia and the Im-
k.. rti.irlct. This Is iiiflioateu oy
German abandonment cf the attempt to
advance eastward Into Russia in iv..r
the project of striking- soutnwaru.
WOLVES FROM MOUNTAINS
DESCEND ON WAK UAwr
HOME, Oct. 1C.-A dispatch from Cet
tlnje says:
A clo-e watch at night Is necessary
at the military carnps. not only because
of the. fear of the enemy, but on o""1
l the dread of wolves, which, when the
first unow covered the mountain tops
beln to descend, attacking th. living If
they cannot find dead."
Heavier Underwear or a doctor bill, which
haU it be! Wo are splendidly prepared to cans
for vou if it's Underwear.
Vasear Quality Union Suits. ...... .$1.50 to $5.00
Uitesize, perfect fitting, Union Suit $1.00 to $2.50
Duofold Union Suits $3.00 to '$5.00
$1.00 to $1.50
Shirts, Ready
Corwith Union Suits .
Clever New
There's a "like to own" feeling comes over
a feljow when he inspects our new shirt displays.
$1.00, $1.50 $2.00 up to $5
Sweaters
Every good and
desirable style in all
oplors and sizes.
$1.50 to $10
jm Mm
We're headquarters for
these, practical, sensible
Overcoats, lliey wore
built especially for active
fellows who want a coat
for service.
V6, $7-50, 10', 12
Not only is extra value evidenced in
every suit, but you'll see extra style. True
Boyish styUn that lift the wearer out of
the ordinary, class. They are the clothes
for your boy, and are even less expensive
than the commonplace sorts.
$3, H $5,$ 6, $7.50, $10
Gloves
We'll fit your
hand with gloves
that can't help but
satisfy. -$1.15
and All Better Grade
TFrhnP1 ((fW fipfinii
tllft. 16 tb at HOWARD"?!?
f. i
FRATERNITY BANQUET JUDGE
Chief Justice Tendered Reception
and Dinner by Phi Delta Phi.
APPRECIATION BY HIS FRIENDS
C.nntle. Tailed on Carpet for Fee.
far Care of Insane Bend Offt.
rial. to Negotiate
with State.
Omaha visitor
friends from
Irvlaatoa
vir Kundall waa an
Thurcday.
Mrs. Soring entertained
Kcnnard this week.
Mrs. A. O. Dcln v slted friends in Omahs
Wednesday and Thursday.
Mr. llck Hibbard left Sunday for Lin
nin where he will attend school.
Mrs. Hlller was Uken to the hospital
uwn..,ia and waa oD'jrated on Thura-
dav.
x hiur and luDDcc will be riven at
th Christ'an church Tuesday, October 3t'.
fcveryboly welcome,
Mra. Charley V.stil and daughter, Itrls
spent Saturday ar.d Sunday with Mrs
Chatman at Uenson.
Mr. ind Mrs. Hoy ;.1M. Mr. and
Mia. C'harlry Vatal and Mrs. Kitchen
were Omaha visitors Wednesday.
Vera, the 2-year-old duuyhler of Mr. and
Mrs. Jim Ifi.rim, wttssed awjy Thursday
morning and was huitej Friday.
Mr. and Mrs. Har fiteven of Iunnin
Xeb.. whe aavi b-n v!Mltng relaUves
around herv, relumed home Monday
Mrs. Alfred Uannunseri and rhlldren of
(tHinnnd, Tfb., visited the first rart of
the week at the Nils Kaamussen home.
Mlsa l eetle of Fremont is operator at
the Imnglon depot in Mr. Chatman'
plac., Air. Chatman being la th. hospital
Omaha Water board and Senator -J. H.
Kemp will fill his dates on Monday.
(Prom a Staff Correnpondent.)
LINCOLN, Oct 16. -(Special.) Chief
Justice M. is. Itces. of the supreme court
and Dean Hastings of th t'nlverslty of
Nebraska were tendored a' reception and
banquet by the Phi Oelta Phi legal fra
ternity last night. About forty guests sat
down to the table and speeches were
mad. hy Judge Reese, Dean Hastings, II.
11. Wilson, Bhelby White of Omaha and
Ravmond Bmlth.
The occasion was a nonpartisan affair.
Judge Reese being a nonpartisan candi
date for re-election to the offlc. of chief
Jratlce of the supreme court, and the ban
quet was given as a testimonial to the
good feeling whlnh prevails In the fra
ternity toward the ch'ef Justice.
tountlrs Will .raot late.
Counties whhh wiil face court rro
ceedln?' to force them to pay th. state
the amount which they have owed for
many .years on the insane account sent
representatives to Ilncoln yenturday for
the purpose of a conference to see what
can be done in the matter. Bopne county
was represented by County Attorney
Donahue and Oommlsetotu.r Carey; Stan
ton county was represented by County
Attorney Horton and Dakota county by
County Commissioner fisher and County
Attorney Fryrn,
.eora Is Kaltsflrd.
Btat. Cha'rman Cieorjo of the repub
lican state committee P-iy he l feeling
good over the prospects of rep ibllcaii vic
tory. Reports coining In tuts week where
the automobile party la touring In th.
"enemy's country" throughout the Third
congressional district satisfy the state
chairman that things are coming repub
licanward. Th. candidate for governor
will take Saturday and Monday off to
look after soma mattsva pertaining to that
PRISONER MAXES ESCAPE
FROM JAILT STANTON
STANTON, Neb.. Oct. !. (Special. rR-
Clayton, the convicted auto thief, who
has been in Jail here since Sunday, broke
jail Wednesday night and disappeared.
Sheriff Stucker took the prisoner to
Tender Wednerday and Judge Graves
rave him a sentence of from one to seven
jears. Sher'ff Ftucker was to take him
to Lincoln yesterday morning. Clayton
took a piece of gas pipe and bent it so
ss to make a wrench. He was shut In
the jn II corridor because of the cold
Clayton took the burrs off th. bolts tht
held the door and pushed open the door.
EQUAI SUFFRAGE ENDORSED
BY WOMAN'S FEDERATION
PAWN EH CITY, Nb.. Oct. 14 (Spe
cial.) TCqual suffrage was endorsed by a
radically unanimous vote of the Ne
braska Federation of Woman's Clubs at
the close of an address by Miss Lutle
Sterns of Wisconsin, director of the Oen
eral Federation of Woman's Clubs.
Court Issues Order
in Rock Island Case
NEW YORK, Oct. .-Th. stat su
preme court Issued an order today direct
ing the Chicago, Rock Island Pacific
Railroad company to shew cause why a
receiver should not be appointed to tak.
charge of properties not already pledged
and Institute action to recover from th.
railroad's directors an amount of damages
alleged to have been caused th. railroad
and ita creditor a
Saturday-Free Souvenir Sample lay
At the Sherman & ..cConnell Drug Stores
To celebrate our Silver Anniversary we shall distribute 15,000 free samples of use
ful Toilet and Medicinal Articles at our drug stores on Saturday, Oct. 17th, 1914, com
mencing at 8 A. M. and continuing as long as the samples last. These are packed In
neat paper boxes with handles. Free Tasting sample Candy for all children Saturday.
WATCH FOR OUR FORTHCOMING FREE SOUVENIR DAYS.
w2?5 SOAP
Fairy
5 cakes Saturday for 10c
DEATH RECORD
i
J. M. Chllds. j
YORK. Neb., Oct. 16. (Hpec.lal.)-J. r.
Chllds,. d'rector of the City National
bank and the father of H. M. Chllds, the,
hank's president, and L. W. Child, as
sistant cashier, died Thursday afternoon.
II. was 81 years of age and had been very
f.sbla for th. last month.
Rubber Goods
Good Rulb
Syringe 80
U'vuatiold
ltubbtr
Cllov.s.. .390
Two-quart
Fountain
SyrinKH 4Scl
AtomliiTS,
3&o to 1J
Rubber ic.
halts, from
3 be to I1.K5
J-qt. Water
Ra-s . . . 40
Nearly 1,00(1
article, in
th. Rubber
Oooda line. Experienced
ladles in this department.
Ml J7J
sales-
CUT OUT THIS COUro.N
Bring It us It Is good for
OsTV sTXW TXITAJffElTT
Printed in Kngltah. W. .hall
have soma printed in German
In a few day..
IBo Dr. Vlotor'a Foot Comfort 10
(Oo Dr. Charles' Flesh Kood,..94o
8So Castorla (genuine) tlo
26o Cutlcura Soap 170
11.00 Caldwell's Byrup Pepsin co
too Carman's Powder Mo
too Canthrox 89o
tOo Doan's Kidney Pills 4o
11.00 Duffy's Malt 130
85c Frostllla 14o
tOo Pebeoo Tooth Past. Ito
Hnrllck's Malt.d Milk, hospital
Is. fan
15c Pond's Vanishing Cream.. 14o
60s Pyrup Figs 9o
COc Bempr. Glovln. Mo
60c Viola Cream lo
2 So 4711 Whit. Rosa Soap ISO
25c Woodbury's Facial Hoap...l4o
(1.00 Hyomel, complete 83o
Hind's Honey and Almond Cream
for o
t5o Lyon's Tooth Powd.r 14o
uo Maasata Talcum lo
10c Mentholatum 80
26c Mennen's Talcum, 4 kinds, 180
11.50 Oriental Cream (Oourard's)
for Mo
tOc Pa pes IJIapepsln Mo
ft. 00 Plnkham's Compound ...VTo
25c Packer's Tar Soap 140
T6o Jad Halts for . .' Mo
$1.00 Llsterln. for Bio
tOe Ie's Rhubarb LaxatWa. . .80
2e Carter's Liver Pill. for. . . .18
10c Bui Hepatlca for lo
JAP ROSE SOAP
or '
PALM OLIVE SOAP
Saturday, 6c
Froo Canoy
' Saturday
Saturday Is Candy Day itt
our Drug Stores and we offer
many "Specials" la choice
"boxed at . factory',' goods all
strictly fresh. A Free Tasting
Hample for Every Child This
Saturday.
4 0c box Nut and Cream Choco
lates for 20c
60e box Maraschino Cherry
Chocolates for .........SOc
60c box Tango Chocolates 89c
Llggett's de Luxe Chocolates,
1 pound HOo
Dainty Dutch Delight Choco
lates, l pound eoc
Sherman & PJlcConnell Drug Co.
TBrtPHIKTOKS OF THK FOUR OMAHA RKXALL STORES.
Slierman t MrCuunel lyrng to., Cor. 16th and Dodge. Owl Drug Co., Cor. 16th and Harney.
Loyal rharouiM-y, Hotel Loyal Block. The Harvard pharmacy, Cor. 24th and Fsrntm.