Tin: OMAHA SUNDAY RKK: OfTOBEIl 17, 1915. 3 A l I; i i f v s Nebraska REASONABLE CARE UPON LEAVING CAR Supreme Court Eules Person As um&s Risk Whea Ho Swings Off. OTHER JUDGMENTS RULED ON CFrom a Staff Correspondent.) LINCOLN, Oct. Id (Special.) A man mint use reasonable car In alighting from a street car ts tne doctrine laid down by the supreme court today In re versing the Judgment obtained by Anton Jellnek against tha Omaha & Council Bluffs Street railway. (When a man awlnga from the atep. with one foot on the step and one swing Ing free, maintaining his hold on the ftuaiti rati with one hand, he must show that It was through the negligent e In the operation of the car that he was In jured when he alighted. When he takes this position on the car, he assumes all risks, the high court said. v Jellnek waa Injured January 24, 1911, Ihile alighting from the car at Twenty- second and Cuming streets. Tne nign court reversed the finding of the Doug las county court In favor of the plaintiff and sent the case back for trial. Assumed Risk of Kail. John W. Walter did not fate so well In his suit against the Great Western railroad for Injuries he received in a freight car belonging to the company. Walter'a case was reversed from the JMml Ing of the Douglas county district court, and dismissed. He was unloading; paper for the W. I Tetter company In an Icy freight car, when ho slipped and was In jured. The Douglns county Jury gave him a verdict for $1,500. The high court says Walter assumed the risks of em ployment and should have taken otlce ef the dangerous condition of the flor of the car. One Judgment Vphel. The Judgment for 13.600 which Barney "Wlseblood obtained against the Omaha i Merchants' Express company was up 1 ; held by the snpreme court today. The court lays down the rule that transporta tion coTnpanles are liable for damages in Injuries resulting because of defective machinery which they furnish for use. Wlseblood was an employe of the Klrk endall Shoe company. Rehearing; Is Given. The supreme court today gTanted a mo- Hon for a rehearing In the $23,000 Judg ment awarded the Mash-Burke Coal com pany of Lincoln against J. II. Yost, a well-known Nebraska coal and lumber dealer. The judgment Is the first secured under the Junkin anti-trust act, the plaintiff charging that Yost, with other defendants, conspired to ruin his business bocauso ho had sold carload lots of coal direct to the consumer. The high court Indicated it -will hear nothing but arguments as to the size of the judgment, hut will not consider any evidence rela tive to tho charge of conspiracy. Missouri Pacific to Pay. Tho Missouri Pacific must pay $2,500 damneea as the result of the death of 7-year-old George Krumback in the rail road yards at Lincoln, Krumback, with other school children, were playing In the yards when a passenger train struck him. The company charged negligence on the part of tha children, but the court ruled that proper precautions had not been taken to keep youngsters from straying onto the tracks. Cupid Gets Busy Out at Chadron CHADRON, Neb.. Oct 18. (Special.) The following couples were married this week: Miss Leota V. Norman and How ward Bartow, Mabel McCrossin and John Lecher, Anna Williams and E. J. Skena- dore, Ila Conn and Ouy 1L Coffee, Nell Miller and B. W. Elder. A ten days' Farmers' institute is now being, held throughout the county. In JJawes county this Institute meeting has developed Into a series of local fairs. At most of the meeting places there have been prizes hung up, and the farmers are urged to bring samples of the pro duce from their farms for display. This makes the lectures doubly Instructive, O. Hull of lima, and Miss Frances Wy man of Lincoln, are the lecturers. The contest of Barber against Mo Collum and the taking of depositions was begun in Chadron last wee. Thirty witnesses have been called and the case Is now blng postponed to allow for the making of a transcript of the evidence. Crltes Brothers are tho attorneys for .the contestant, and A, U. Fisher for the deT fend ant. This is the first year that a complete record of the rainfall has been kept here. The first nine months of the year show almost twenty-eight inches. Tha frost held off until October 8. For that reason corn Is developed and the other grains are safe. One rancher reports his whole small grain crop of 201 acres yielding twenty-five and a half bushels to the acre. This waa almost entirely rye. An other report, thirty-five bushels of win ter wheat, and fifteen bushels from a field of volunteer rye. F. Coffee shipped a tralnload of cat tle to Ouaha Thursday. Excavation work on the new National hank building la well under way, In charge of contractors Mulhollen si Cltaulk. ' High Wages in The Beet Fields BCOTTti' BLUFF, Neb., Oct. lti. tbpe cial.) The big beet harvest In the North Platte valley In the vicinity of Scotts Uluff. has raised the wages of farm hands higher than ever"before. Men now are In demand at from $35 to 0 a month, according to the kind of work required and ability of the man to do It. Teams for hauling beets are also in great de mand. To Start Newspaper. WELPINO WATER, Neb.. Oct 16. (Special) The Berlin Times is the name of a new newspaper that is to be established at Berlin, eleven miles south of here in Otoe county. I. N. Hunter & Son of this place are to be the publish ers and W, P. Bitzan, the editor and bus iness manager. Berlin is the small town that waa partly destroyed by tornado on Easter, 1311 but which has since then been rebuilt better than ever. It has er had a newspaper of Its own. i . lo.sjns ana i..a. un.fcro... Don't waitv take Dr. King's New Dis covery now. It will help your cough and soothe the lungs. 60c. All druggists. Advertisement j Nebraska News and Gossip in And About Beatrice BRATRTCE. Neb.. Oct. K-CTeclal.) The Commercial club of Plymouth, west of here, has derided to have electric lights, and may purchase current from the Falrbury plant, which the town of Jansen is now doing. The club Imki with favor on the proposition and Is of the opinion that it will be cheaper to secure Juice from Falrbury than to build a plant at Plymouth. Mr. and Mrs. Charles Pausner, lodged In the city Jail Tuesday night on the charge of disorderly conduct, appeared be.iore Judge Ellis and plcailixl guilty. They were fined $i" and costs each, and the court suspended the fine and paroled them, pending good behavior. Arta Hanslierrv (iUd at his home In this city Friday, after a brief Illness, aged 39 years. Mr. Hansbrrry was never mar ried, and leaves two sisters and one brother, his parents having passed away a short time ago. The body will be taken to Blue Springs Sunday for In terment. He waa born and raised at that place. Mrs. J. W. Thomas, aged 71 years, died Friday at the home of her daughter, Mrs. A. Nicely, where she had been vlslt- ng for the last few months. The body was taken to Spearfishv S. today for Interment. The Gage County Independent Tele phone company held Its annual meeting at Ulu Springs and elected these of ficers: President, J. H. McPheron: treasurer, R. B. Clemens; directors!, J. R. Relff, Oeorge Harpster and H. O. Will iams. The recejpts of the company the last year were $S.B1S.4!, and the disburse ments, $C,574.RS, with Jl.492.ni cash on hant October 1. The receipts show a gain over the previous- year of $.110.56. Six hundred and twenty-nine distress warrants on 1914 personal taxes due have been Issued from the office of the county treasurer so fa this fall. These war rants were to compel the payment of past due taxes on personal property for the year 1914 and all prior years. They will be served by the sheriff as fast as he can get to them. C. F. Crocker of Liberty has returned from Canada, where he has been gather ing and threshing his arops. He reports an average yield of thirty-seven bhshcls of wheat to the acre. His neighbor had 700 acre's of oats and the yield was sixty bushels gross. News Notes of C'olnmtins. COLUMBUS. Neb.. Oct. 16.-Ppoclal.)- A man appeared at the elevators In this city to dispose of his wheat crop, stating that he had about 1,500 bushels, and pro duced a sample of a very good quality of wheat. At one of the mills his grain was contracted for, whon he asked the buyer to advance him about $150 on the deal. He was told to return later. In the meantime Sheriff Burke appeared to see the deal made. At tho appointed hour the man called up by telephone and 'stated that he would need only $50. and he waa asked to come at once and get It, but he left the city and no trace of him could be found. Paving in Columbus is now a certainty. At least two blocks will be finished this fall. Work commenced yesterday with a large force of men under Superintendent James S. Norby. The new . HtKhland Park school has been accepted by the commute on build ings and grounds this momiglng. and Is now opntd to pupils for the first time. Tht new school costs about $12,000. APPLES BEST TO EAT OF ANYTHING ON EARTH (From a Staff Correspondent) LINCOLN. Oct. IS. (Special.) Nebras kans are exhorted to try an apple diet Tuesday, October 19, Apple day through out the United States, In a statement is sued today by, J. R. Duncan of this city, secretary of the state horticultural so ciety. Apples are food, tonic, condiment and cosmetic all In one. he tells the people. Whether raw, cooked, canned, dried. evaporated or preserved tney are digesti ble and wholesome. Domestic science ex perts have found 300 ways of preparing them. He urges hotels and boarding houses to have an apple menu on that day with plenty of raw red ones In convenient bowls for the guests. Apples, he says, can, be grown In Ne braska for a fraction of what It would cost in the most exploited sections of the country. " Nebraska has the most fertile soil for apple production In the world. The fruit Is cheaper here than elsewhere, and a brilliant future lies be fore the orchard industry In the state. with the proper taste for the fruit de- Courslaa- Meet at Talmatte. WEEPING WATER, Neb., Oct. 16. (Special) The coursing meet which Is to be held at Talmage, October 19 to 23, Is one of the biggest events of Its kind In the country. It Is what is known as the Waterloo Cup stake and ranks next In Importance to the National futurity, the biggest event there is in the coursing world. In connection with this event there will be a puppy stake meet. Altogether $2,200 In purse money Is to be offered. Rabbits for the meet are already being shipped Into Talmage and arrangements made to handle the big crowd of cours ing fang that la expected. Crop of One Tree. STKLLA, Neb., Oct. 16. (Special.) J. L. Slocum of Falls City, who owns a largo orchard east of Stella, gathered thirty bushels of apples from one tree. SWAMP-ROOT SAVES KIDNEY SUFFERERS You naturally feel secure when you know that Dr. Kilmer's Swamp-Root, the great kidney, liver and bladder remedy, Is absolutely pure and contains no harm ful or habit producing drugs. The same standard of purity, strength and excellence, prescribed by Dr. Kilmer many years ago, la maintained In every bottle of Swamp-Root. Swamp-Root Is scientifically com pounded from vegetable herbs. It ts not a stimulant and ts taken in teaspoonful doses. It is not recommended for every thing. According to verified testimony it is nature's great helper In relieving and overcoming kidney, liver and bladder troubles. ' If you suffer, don't delay another day. Oo to your nearest druggist now and get a bottle. All drug stores sell it In two sixes fifty cents and one dollar. However, if you wish first to try this great preparation ' send ten cents to Dr. Kilmer Sl Co., BlnKhamton, N. Y., for a sample bottle. When writing be sure and mention the Omaha Sunday lire. Advertisement. Nebraska NELSON IS KILLED IN LEWIS HOME Calls at House of Divorced Wife and is Shot Twice by Husband There Seeking Reconciliation. LEWIS TAKEN BY THE POLICE GRAND ISLAND, Neb., Oct. 16. (Special Telegram. ) In the room of Mrs. P. O. Lewis, divorced wife of P. Q. Lewis, traveling salesman tn Nebraska for Scott ft Dillon of De troit, N. N. Nelson, wire chief of the city's electrical department, was shot last night by the former husband, dying two hours later. Lewis Immediately gave himself up and told the officer who made the arrest that he had done the shooting and handed the weapon, which omy a few minutes before he had taken from Mrs. Lewis Mr. and Mrs. Lewis were divorced last July, the decree not taking effect until January. Efforts have been made by Lewis to effect a reconciliation. He re turned from the road yesterday afternoon at 4 o'clock, Mrs. Lewis meeting him at the depot. They had supper together and were at a show. After returning to Mrs. Lewis' room they were talking over the matter when Nelson knocked at the door and entered. Lewis waa standing on the farther side of the room. As Nelson came In he placed his hand on Mrs. Lewis' shoulders and conversed with her in a low tone. According to Lewis, he heard his wife say, "I can't go, I can't go." 'He then addressed Nelson, who turned and ap proached Lewis. The latter Assorted that "this has gone far enough." Nelson kept on approaching Lewis In a slightly crouching manner with both hands on his hips, but no weapon In sight. He was ordered to stop and with the order, Lewis leveled his weapon. Nelson did ont stop and Lewis shot wlce. A billy was found on Nelson by the officers. Neighbors report that the relations be tween Mrs. Iewis and Nelson had been the subject of concern among them for months. Both families have children. Election to Name The Postmaster TABLE ROCK, Neb., Oct. 16.-RpeelaL) A contest is on In Table Rock, the plum being the position of postmaster. The term of Frank H. Taylor, present incumbent, expires early next year, and there are throe contestants,' Ralph C. Cot ton, C. H. Carmlchael and William Kills, who have signed an agreement to sub mit the matter to a vote of the legal democratic voters, who are patrons of the office. The election is called for Nov ember 2, at the city hall. The polls will be open from 1 to 8 o'clock p. m. iThe candidates, agreeing to abide by Uie re sult C0RDEAL BRINGS MEDALLION FOR INSPECTION AT LINCOLN vcloped by the people of the state. (From a Staff Correspondent.) LINCOLN, Oct IS. (Special.) J. F. Cordeal of McCook has brought to the state house for Inspection the Spanish medallion of solid sliver, bearing the por trait of Emperor Carlos III, which was dug up in a cornfield a few weeks ago by Joseph Allen, a farmer. It has been suggested that the rello be loaned to the state historical society. The medal Is round in shape, with a projecting loop. It Is twice the size of a silver dollar. Although more than 160 years old the lettering Is still distinct Mr. Cordeal brought to Lincoln and turned over to Prof. Barbour f tha State university three fossil teeth, sim ilar to those of a horse, found near Cam bridge. Kicked by Horse and Leg- Broken. AVOCA. Neb.. Oct. 16. fSDeclal lie S prague, a young man living near 'Nehawka, had both bones of ihls right leg broken by being kicked by a horse. He was taken to Omaha and nlil In a hospital for treatment imwi t www DR. BRADBURY, DENTIST 20 Years in Omaha. 021-22 Woodmen of the World Bldg. Phone D. 17RO. 14th and Faraam HU., Omaha. Hours, 8 to 0; Sundays, JO to 12. Tho best office location for a busy lawyer is THE BEE BUILDING "Tht baildi.g that Is alway You can save time by be ing near the court house For offices anljr to Superintendent, lUxun 103, Nebraska Arthur County Is Found to Bo Legal Division of Stato (From a Staff Correspondent.) LINCOLN, Oct. lS.-(Speclal.)-Arthur county Is held by the Nebraska supreme court to be a legally constituted entity, despite Its Inadvertent omission by the' last legislature from a list of counties composing the Thirteenth Judicial district and Judge II. W. Grimes has been di rected by a peremptory writ of mandamus to convene court there. This la the hold. Ing of the high bench in the suit brought by Attorney General Reed at the request of Arthur county officials and attorneys with eases pending there. The suit waa not contested by Judge Orlmes, the nominal defendant he refus ing to hold court there so the question could be raised for decision from the supreme ceurt. The court's typewritten opinion la mainly of interst because of the bearing it may have on the suit which Fire Com missioner Rldgell has brought against State Treasurer Hall to force the treas urer to pay his warrants for salary and expenses. The leglalature neglected to make a speclflo appropriation of fees, although It Intended to provide for the maintenance of the department The ourt says: "In the exposition of statutes, the rea son and Intention of the law-givers will control the strict letter of the law when the letter would lead to palpable in justice and absurdity." There la some Important litigation pend ing in Arthur county. Including a murder case and three Injunction suits. F.aale Killed Near Kaale. AVOCA. Neb., Oct. 16. Oyrge Oberle of Bagle killed a young eagle a few days ago. It measured fifty-two Inches from tip to tip. Mr. Oberle cannot account for It being In that part of the country. The bird will be mounted and placed on exhibition. Washington Affairs The Treasury department Issued a statement denying that It holds a fund of KM.OOO.OOO or any other sum for ex slaves or tlielr helra. or for other persona, who worked in the cotton fields during the olvll war and the yenra Just preceding, and following that conflict Plans for a dry dock at Hunter's Point, San Francisco, to be large enough to ac commodate the largest battleship built or building were approved by Secretary Dan iels. Construction will begin immediately. The dock will be 1,000 feot long, 110 feet wide and will take vessels of forty-foot draft , Foreign Trade Adviser Fleming of the State department was advised that the llrltlsh governement Is prepared to issue permits for exportation of licorice root from Turkish Mediterranean porta to the United Statessln American ships. Ameri can tobacco manufacturers for several months have urgently pressed demands for release of tuts product Ambassador Page at Rome cabled Sec retary Lansing that he never had ex pressed an opinion concerning tha Italian campaign or given out any expression whatsover In regard to the probable re sults or merits of the European struggle. The State' department had Inquired re garding a published report that the am bassador had given an Interview regard ing the Italian army and as to success o the Italian frontier campaign. Culls from the Wires The peace committee elected br the striking copper miners of the Clifton, Aria., district arrived at El Paso for a conference with the mine managers. Announcement was made at New York of a consolidation of three printing trade papers, the American Printer of New York, the Printing Trade News of New York and the Master Printer of Philadel phia. Appointment of Dr. Ray Lyman Wilbur as president of Leland Stanford Uni versity, Jr., was announced. Dr. Wilbur was president of the Amrelcan Academy of Medicine In 1912-13. lie waa born in Boonevllle, la. Indictments containing thirty-five counts against W. B. Slaughter and thirty-two counts against Coney C. Slaughter former president and cashier, respectively, or the closed Mercantile National bank of Pu eblo. Colo., were returned by the United States grand Jury at Pueblol Announcement of the formation of the Mutual Tobacco company. Inc., a 120.000 OuO corporation which Includes some of the large tobacco manufacturing concerns In the United Utates, was made at New York by Benjamin Swarts, counsel for the company. Incorporation papers were filed In Delaware, he said, and headquar ters of the company will be In New York. PR. nilADBCRY IX NTCW, OFFICES. Look for the Dental Surgeon Who can do your work without pain and with the results that the Fillings, Crowns, Bridge Work or Plates will last for years to come. This Dentist will have a light, clean, sani tary office, with modern equipment and In struments that are sterilized. Dr. Bradbury has all this to offer In the Woodman of the World building. Also a scientific remedy for Pyorrhea or any gum disease with a home treatment for It, if you are unable to come to the office. Pyorrhea causes the gums to become soft and bleed easily and in time the teeth work loose. Take it in time. You will avoid Ill ness and, keep your teeth much longer. Painless extraction.... 60o up Porcelain filling fl.oo up. Send for booklet on unusual Dentistry. Railroad Fare for 50 miles allowed. to mms QUICK We do not hesitate to admit it. Our establishment is on a legitimate and sound basis, but that docs not mend matters. We must have this amount on short oder and we're going to' get it. Hence this cash raising sale. It's CUT and SLASH the for mer PRICES, giving the buying public a chance of a lifetime to to supply your needs and dress your family on a small amount of money. It's our aim to raise this money no matter how great the loss might be as to the cost or profit of our merchandise. S.bbr Wonted ind raastmeres latest style i nnk iit.oa (Nish R a I s I ng rrlee In ell worth SU BS I r In Mr Cash Rail ing rrires m IN WE ALL OUR $15 SUITS ALL OUR Manx Fur and rtrold trimmed hand tailored soils worth fie Cnh Raising Trlre The., are big valaea at 15 late models, all ealors I Caah Rais ing Fries 75 ALL OUR $12.50 COATS ALL Latest r la Ids and sm -1 P Wlilte Chinchilla M I 3 Coots worth Ilt.de. Caah Rais ing rrlee IF Voir HAVE ANT IPEA OF RTTINiJ FCIl". AT AM., MANAtiE TO NOW HERE. AMI BAJ.S1NU TRICEH AUK IN UKUKH O.N Fi ll hKTM, Mil vm cck rn.cfcs. Oan metals, pat ent Irathor, cloth r hid too. loco and worth an Cash mnoes Men's rlweatsra, roll A ,rj collar. In all stss.s M C Cash Raising Frtpo w LOOK FOK IB-HE YELLOW SOGN Sale Startf Monday 8:30 A. M. Sharp . VIA Illinois Central Koute of tho SEMINOLE LIMITED Winter excursion tickets on sale on and after October 15th, good return ing until June 1st, 191G. Detailed information, rates and descriptive lit erature at City Ticket Office . 407 South 16th Street, Omaha, Ndb.' Phone Douglas 264. S. NOttTH, District Parsenger Agent, Omalia. H0TELTURPIM 11 TBS HEIST r TBI CTTf" IT Powell ST. at Market . BAN rHANCISCO CVCRV CONVENIENCE AND COMFORT EUROPEAN FLAN, I 60 AND UFWARB FREE Aut Bus Mrt Tr!n ii A amgrs Best Sporting News HlEht In Tha Bea day by day. Pull box scores of all big leagues. Uport cartoons that hit th. bulls.y. ...I mr r a t i i i i i i i i Li3 ta LI3 Ujg Now Is Your Chance MKN'8 PriTS MF.X'J M l Rngtlsh Cat riaJd ( herlot brawn nr giwn mirth IK.U- Cilh Raising rrlee MACKINAW rUl.MACAAN color ?:$3.98 Very miM 5 "$7.95 and stylish rai II. SO ses worth TO $7.75 to tl ge In ear Cash Rais ing rrireo $9.95 OUR CLOAK AND SUIT DEPARTMENT OFFER YOU MANY VALUES LESS THAN COST SUITS ALL OUR $25 go ma .f the tirr host salts shown In Omaha Ihls voaon. Worth t'.'A.ee. ch Raising rrlro OUR $18 COAT8 $20 13- ALL OUR $35 COATS Flash and jf -as. 7 P vsiTet coats.al fT in fur trimmed fl B i collar a n d R cnffsi worth I n I VI. Cnh I M i Raising rrir. 1 f well line of rtalds and Flash Coots I worth II. Cash Raising rrtco 95 WOMEN'S 8H0E8 MEN'S 8H0ES $1.69 ANI rik skins. rl . n r s. patent loot her. Ruosla bottom ANI ealf, lac. nr btit- to S.3.A0 Raising $2.45 lont worth - .VS. Cash Rais. Ing Fries Men's Canvas Work knit wrists I worth lea 4'aoh Raising rrlro , Big Values in Our Millinery Department We can please you at any price, in shapes or Trimmed Hats, at these 98c, $1.48, $1.98 and $2.48 The-'WoveKy Co. 214-216 No. 16th St, HALF CLOCK NORTH OF POSTOFFICE Be Prepared for Emergencies quick Malt sure of peclally agreeable and beneficial to the moot delicate stomach. Duffy's Pure Malt Whiskey Is absolutely pure and dependable and Its quality never varies. It Is used In many reputable hospitals and readily prescribed byunpreju dlced physicians. Do not wait to havo this matter brought forcibly to your attention by unpreparedne&s, get a bottle today and be assured of protection. . 1 Get Duffy's and Keep Weir Sold In BKAI.KD UOTTLK8 ONLY. Beware of imitations ROTE: Oat Daffy's from your local Oro-g1st, frrooar or d.atar, fl.00 p.r bottl.. If. & eannot sap ply 7011, writ, as, will t.U you wb.rs to rat It. Malcl booklet The Duffy Malt Whiskey Co., I I J . . .11a. Tia To Stock Up ! MEN'S SlITa 45 Fanry Seetehee, Worsteds, nine PrrgM, all the latrat mmlrlsi north np to gis.ee rash Killing rrlro.. OT ERCO ATS Extra good vat $4.98 ar and op-to dat. styl' worth git te $18 i ge In ear Cash Ralolng Trires TO $8.75 6UIT IH'Y THEM COATS AMI $1.95 AND AND 52.45 tiloTesi Mra's Moos, la all colors I 5c k SO worth I no a pa Raising I'rlco . . . . Sale Startf Monday 8:30 A. IV.. Sharp ' Always keep a supply' of Duffy's Pure Malt Whiskey in your medi cine chest. You never can tell what day or , hour of tho night some member of your family may bo stricken with cramps, chills, indiges tion or more serious ill ness. Emergencies demand action, and If you have Duffy's Pure Whlikey to administer you can ba inBtant relief, because It Is made es- for medicinal use. It will prove Xrs. Rochester, N. Y. rf,'J 1 r 4 4 IMBlatsBWsIti Ull&Baaafca,