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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 4, 1915)
THE KE: OMAHA. SATUKIUY. DEOEMnKU 4, 1015.
HALL MUST PAY
Nebraska Supreme Court Rulei
State Treasurer Has No Right
to Refuse to Do So.
FAWCETT AND ROSE ABSENT
(From a Staff Correspondent.)
LINCOLN, Pec. l-(Spectal.) The most
Important of the opinions handed down
l'y iht supreme court today was that in
the mandamus eult brought by Fire
mm, i-n w r W. Kldxeli to compel
V Ftate Treasurer George Hall to pay war
rants drawn for expenses of that depart
ment. The controversy which also covered
about the name conditions In the pure
food department resulted In much hard
fr-e Itiks betwe. ti Hall and the heads of
departments affected by the ruling; and
atened at one time the closing down
ot tho pure food, oil and fire commis
sion departments, but the food and oil
department finally fixed upon the plan
of paying; expenses of tho department
from fees collected and turning In tho
I'nn't llrfnue I'arment.
In an opinion written by Justice Barnes
mid concurred in by all judges, but Kaw
cett and Rose. ' who did not sit In the
case, It Is held that State Treasurer
reorge Hall lias no authority to refuse
payment of warrants drawn In favor of
Klre Commissioner W. S. Rldgell for tho
expenses of that department.
Treasurer Hall had refused to pay
warrants contending that there hsd been
no appropriation made by the legislature
for the payment of the expenses of the
rimnrtment and therefore he had no au
thority to pay warrants from that de
partment. The court holds that the state treasurer
cannot ralso the question of the uncon
stitutionality of the act, the insurance
companies which pay the tax to maintain
the department being the parties to raise
Purpose of Act.
The court holds that the act creating
that fund passed in 1908 was Intended to
be a continuing appropriation for tho
raiment of salaries and expenses of tho
Tre department and the treasurer may be
required by mandamus to pay warrants
properly drawn on that fund.
Judges Pedgwlck and Letton do not con
cur In the entire opinion, but only in the
concluding section. The decision there
fore really hinged on this one section
which denies the right of the treasurer to
raise the question of constitutionality and
is as follows:
By the act In question (laws of 1909) the
legislature clearly Intended that the
money paid to the treasurer under the
act should be applied by the deputy com
missioner to the payment of his wary
and the expenses ot managing his office
and performing the duties thereof. The
right of the legislature to establish such
an office and provide the fund for the
necessary expenses, as this act does, is
The taxpayer, or parties upon whom
the burden is cast, are not complaining.
The fund has been provided and the eerv
loes rendered. If the statute is uncon
stitutional, and if the taxpayers could
demand a return of the money, they are
not doing so. They made no objection
to the act when the money was called
for from them. They have (If the act is
unconstitutional) voluntarily provided
this fund. . . .
It Is a general rule that parties not af
fected cannot be heard to challenge the
constitutionality of an act of the legisla
ture. We do not think that under the
circumstances it Is the duty of the cus
todian of the fund to prevent the applica
tion of It to the purposes for which it
was provided In accordance with the
evident Intent of the legislature. We are
of the opinion that it is the duty of the
f- respondent to countersign and pay the
warrant in question. The writ as prayed
for Is awarded.
Caster Bank las.
Neither the Custer National bank nor
in B. Cavanee, who was formerly
county treasurer of Custer county, can
be held now for Interest on county funds
deposited In the bank during the treas
urer's term of office.
Cavanee was treasurer from 1906 to 1909
and deposited funds In the bank, collect
ing only on the amount the bank was
entitled to as a county depository. The
county sued for interest over this amount
In the sum of 1929 and lost the case In
district court and appealed.
Judgment la Affirmed.
In an opinion by fudge Hamer the
judgment of the Lancaster county dis
trict court is affirmed In a case Involving
the placing of advertising matter in a
food package. The court holds that there
I "no reasonable basis of classification
which will permit a package to be de
clared mlsbranded which contains one
form of printed slip and another package
not mlsbranded when it contaius a like
I rlnted slip of paper merely because its
words convey a different meaning. Such
an artificial distinction cannot legally be
Law ot the State.
"It is the settled law of this state that
fan order of sale, a sale, and a confirma
tion of the sale, made after the death of
a party to a foreclosure suit, subsequent
to the decree, are impervious to collateral
ack," is the opinion of the supreme
court in a suit brought by the Omaha Na
tional bank against Smith F. Ferguson,
executor. The high court reverses the
Douglas county district court and dls
n Uses the case.
Hemaaded far Trial.
, Another Douglas county case re
ered. In part, and remanded back for
trial Involves the title to property pur
c bused by one party and the deed made
in the name of another, the court holding
that "Where one buys real estate for
v hlch he pays the purchase price and for
convenience takes the title in the name
of another, the person taking the title
v ill hold the property in trust for the
one who pays the purchase price."
The suit was one in equity to establish
(. resulting trust In and to certain real
ertate alleged to have been purchased by
ugust Doll, deceased, and to which the
l gal title had been placed in the name
t : his nephew, Charles F. Doll.
OLD SCHOOLMASTER LAYS
FOUNDATION FOR NEW HOUSE
STELLA. Neb., Dec. 1. (Special.) Wil
liam M. Wilkinson of Hoag, near Be
atrice, who was at Stella this week, laid
the foundation for the Harris school
Ij.use, five miles south of Stella, and In
0-&l taught the first school In the dls-
tilct at $30 a month. A barrel was used
t r the teacher's desk, and the pupils
I rough t chairs from horn for their seats.
1. W. Harris, who was the director at
the time, was burled yesterday. Robert
"Wood, the nioe a or, snd Dudley Bobbltt,
tn treasurer, have Leen dead several
Effect of the Good
Roads Meeting Upon
(From a Staff Correspondent.)
IJNCOLN. Dec. 8. (Special.) Just
what the effect of the meeting ot good
roads boosters will have on Governor
Morehead's plans, regarding a third term
for governor, will probably be shown
later when the executive has had time
to think about It.
With a doicn men boosting htm as a
good business executive and sounding his
praises, while a couple of hundred morn
loudly and wldly applauded the speeches.
It might create In the mind of the gov
ernor a feeling that he would like to
carry his pubilo career farther than just
the governshlp and launch out for tho
democratic nomination for the Vnited
In any event the reception given the
governor at the banquet held last night
at tho Lincoln hotel given by the Din
coin Commercial club and the enthusias
tic and even wild demonstration given
whenever the governor's name was men
tioned, served to make the cold shivers
run up and down the back of certain
Hitchcock men present and gave every
evidence that they feared the plans to
switch the executive from the senatorial
race track to some other track might
Notes from Beatrice
Anl Gage County
BEATRICE, Neb.. Dec. S. (Special.)
Articles of incorporation for the May
Hotel company, which some time ago
purchased the Paddock Mjtel block, were
filed with the county clerk Thursday.
The capital stock Is placed at S30.000 and
the Incorporators are E. I May, J. V.
Iiarran and J. May, all of Omaha. There
will be 200 shares ot capital stock, par
value $100. The company Is remodeling
the hotel and will open It to the public
In a short time.
As Miss Corlnne Parent and Mrs. Du
ello Holbrook were enroute home last
evening from the theater a man stepped
up behind Miss Parent in front of the
Salisbury home on North Fifth street,
grabbed her purse and escaped. The
purse contained only $2.60. She described
the man as ot medium site and well
Thomas Jensen, a farmer living east of
tho city, left today for an extended visit
to his old home at Denmark. December
1. thirty-five years ago. Mr. Jensen left
Denmark for this country.
J. I. Schick, whose son John has been
captain of the second foot ball team the
last season, gave a banquet Thursday
evening for the foot ball squad at Scotty's
cafe. Coach Jones acted as toastmaster
end responses were malt by J. L. Schlek,
Prof. Schmidt, John chlek and Guy
--FOR GOVERNOR OF STATE
(From a Btaff Correspondent.
LINCOLN. Deo. l(SDecial.) William
Madgett of Hastings, Is now a full
fledged candidate for the- republiacn
nomination for governor, havlnor this
morning filed his personal application to
be placed on the primary ballot backed
up by a petition with the requisite num
ber of names. Enclosed with the netitlnn
were three celluloid toothpicks, on which
were printed. "We pick William Mad
gett for governor."
DELEGATES TO STATE
LINCOLN. Dec. 1 (Special.) Dele
gates to the sixth annual convention of
the Nebraska State Irrigation association
at Bridgeport, December 7, 8 and S, are:
W. P. Byron. Gothenburg; James T.
Whitehead. Mitchell: S. Bears, Kearney;
J. A. Hoke, Champion; G. G. Anthony,
Wauneta; F.dwln J. Aehton, Lincoln; H.
K. Babcock, Columbus; Charles P. Koss,
Omaha; F. V. Barclay, Beatrice; Samuel
Allea News Notes.
ALLEN, Neb., Dee. 3. (Special.) C. E.
Utterback & Bon of Orchard have pur
chased the local electric light plant and
took possession December L These fam
ilies will move here as soon aa they can
secure a suitable location.
The old P. P. Gaughran quarter section,
seven miles northwest of Allen, wss sold
at publlo auction Thursday to Charles
Boss of near Dixon for $S0 per acre.
John W. Barnes and Miss Klvena Beeks,
living east at town, were married
Wednesday at Dakota City, and will
make their home on the old George
Jumps from I pner Window of Hotel.
GRAND ISLAND, Neb., Dec. .-(Special.)
John Oronewald leaped from the
cecond story of the St. James hotel to
the pavement below under the Impres
sion that a room full ot men were after
htm. His feet were quite badly lacerated.
He was overtaken by officers while run
ting away from the place clad only In a
union suit He was returned today to
Hastings, whence he came, and where he
hah relatives. It is stated that he has
Leen in the hospital In that city for some
Farm Home Barns.
BEATR.ICB. Neb.. Dec. .-(6Decli Tel.
egram.) Fire this afternoon destroyed
the farm house of George Shaffer, three
miles southeast of Beatrice. The fire
started In the roof from an imbnnn
cause. Most of the contents were saved.
The loss is t laced at 12.500 nortiailu ent
ered by Insurance.
Th. Case- of Rke.matlssa.
Use Sloan's Liniment and you won t
care what causes A. The first applica
tion helps. Good for sciatica, reuralgiu.
25c. All druggists. Advertisement.
Arcrpls C Mr Hall.
GENEVA, Neb.. Dec t-(6peclal.)-Ths
building committee and the city council
met and accepted the new city hall. The
committee was composed of Peter Young
ers, Jacob Wels and H. F. Mohrman.
GET RID OF HUMORS
AND 'AVOID SICKNESS
Humors In the blood cause internal de
rangements that affect the whole sys
tem, as well as pimples, bolls and other
eruptions, and are responsible for the
readiness with which many people con
For forty years Hood's Sarsapartlla
has been more successful than any other
medicine In expell ng humors and remov
ing their inward and outward effects.
Oet Hood's. No other medicine acts like
Grand Island Rejects
Offer of Union Pacific
GRAND ISLAND. Neb.. Ivc. 3. Spe
cial.) After the protoMtlon was before
I the city rout II for over a year, tho prof-
fered glfe by the Union Pacific of certain
j streets and parts of streets In this city,
was rejected by the aulrrmen by a vote
of six to two. Ever since me platting of
the original town of Grand Island. Front
street has been an open thoroughfare.
It la rart of the original X feet right-of-way.
Only In recent years has the com
pany desired to extend side traks along
parts of It. lnly In recent years, too, has
there been a demand for paving It. Tho
quit-claim deed, which was offered, pro
vided, however, that the company could
use It for tho purpose of trackage or
I platforms, and that no other railroad
could use any part of It. or that any
still different use could be made of It
without the company's consent. Twice
before has the matter been before the
council, but no action was taken other
than to refer and refer again. Recently
the company asked that the deed be re
turned. It's rejection followed.
SMALLPOX PATIENT SCARES
GRAND ISLAND POLICEMEN
GRAND ISLAND. Neb.. Dee. S. (Spe
cial) The police headquarters was some
what astounded and' peeved when Frank
Schran, with a well developed case of
small pox. walked Into the place and
demanded supplies for himself and fatn-
' lly. It appears that he came here a weeli
ato from Kansas City, that shortly there
after he and his family were found to
have rontrnrted the disease, and that
they were promptly quarnnllned. Run
ning out of coal, he had phoned to the
chairman of the county board's com
mittee having charge of tho mntter, and
coal was ordered, but it appears It was
not delivered In time. Sohram also de
clared that he wan short of pupplles of
food. Hurriedly fumigating, the chief ot
police lost no timo in an effort to get
Into communication with tho. chairman,
to have the man returned to his home
and to have the home provisioned.
GIVEN JUDGMENT FOR $5,0D0
PLATTSMOL'TH. Neb., Dec. 3-(Spe-clal)
Gus Johnson, car Inspector for
Burlington railroad was awarded fS.ftHI
damages In a suit for personal injuries by
a Jury In the district court yesterday.
He was Injured while In the employ of
the railroad at Its shops here on Ap.il
10, 1914. He fell from the top of a freight
car breaking his leg in two places, anl
also mashing his hip, because a grabllng
Iron had not been fastened, when he went
to climb over the rar to inspect the work
done on it. He sued the company for
2O,0C0. The Jury after out for nearly
twenty-four hours, returned a vlrdlct In
favor of the plaintiff for 15,000. In all
probabllty the case will be carried up to a
BROKEN BOW BANK GIVES
RECEPTION IN NEW HOME
BROKEN BOW. Neb., Dec. S.-(8peclal.)
Opening of the new Security State
bank building, in course of construc
tion for some time past, was tho
big event of the week. The bank threw
open its doors at 2 o'clock Wednesday
afternoon, and from tnen on until 9
o'clock at night a continual stream ot
visitors from town and out In the county
were entertained In a lavish manner. Re
freshments were served and all guests
received boquets and boutonnleres as
momentos of the occasion. An excellent
The Store of The Town
affords you a
to join the
have bought one
or more of these
$25, $28 and $30
The response has
been most gener
ous, but we ex
pected it and pre
There remains a
full assortment of
You couldn't pick a bad pat
tern if you tried. (Jenuine
imported Tweeds, Worsteds,
C'assimeres and Fancy Twist
Cloths in every fashionable
shade. These Suits will not
be on palo at this price after
GEO. T. WILSOX, Mfr.
orchestra was also In attendance. Over
xO people were entertained during tho
afternoon and evening.
Crop at f.t-n. n lth Per fnrtr.
GRAND ISLAND, Neb.. Deo. 3. (Spe
cial.! This city Is represented on tho
Ford peace ship by C. A. Sorensen. secre
tary of tho state movement for a con
stitutional convention and organizer of
the I'nlvirsity of Nebraska's peace so
ciety. Mr. Sorensen was advised by tele
gram at the last minute of an Invitation
nnd Immediately Indicated his acceptance
and left for New York.
Danish Cattle On
Way to Austria
tNDON. Dec. 3. A Copenhagen dis
patch to the Reuter Telegraph company
says that Germany has atonixol n tran
sit of cattle from Inmark ami the Scan
dinavian countries to Austria. Iocal
Austrian buyers state that all their
transports of live cattle to Austria In the
Inst fortnight have been eelnd by the
It Is the opinion In Copenhagen, ac
cording to this dispatch, that an agree
ment exl.ts between Austria and Ger
many that as the first result of the
Halkan rampalgn Austria should get all.
its supplies from the Ralkans. leaving
Germany tho sole rights to provisions
from the north.
Christian Church Meet.
IOOAX. Ta., Dec. . (Special. I-Speeal
meeting will be conducted at the Chris
tian church here through the greater part
ft February by Rev. F. A. Sword of
Irfir.ark, 111., according to Information
Eiven by members of tho local church.
Do Your Christmas Shopping in KING-PECK
Boys' Two Knicker Norfolk Suits, $5:22
Comparison will never reveal tho equal of these suits in Omaha.
Sturdily built from service fabrics, into smart Norfolk styles. Two pairs full
lined Knickerbockers with every suit, no extra cost.
ITS TIME FOR WARMER
and this is the one store best pre
pared to care for your underwear
Woolen I'nion Suits
Cotton I'nion .Suits
Wool Separate (Jarmentn. .
Cotton rk'purate Unnnenta.
. . . .
Dominant Values in Fur Lined Plush Lined and
Fur Overcoats Omaha's Greatest Showing
This store is prepared as never before to serve your needs in these type of
overcoats. Assortments ore double those of former seasons and values decis
ively better than you'll encounter elsewhere.
Northern Mink Lined Overcoats, Seal or Astrakhan Collar $150
Canadian Black Rat Lined, Otter Collar. . . . ; $100
Russian Otter Lined Astrakhan Collar $65
Blended Muskrat Lined, variety of collars $30, $35, $45 and $50
Blended Marmot Lined, Near Seal or Astrakhan Collar $25
Silk Plush Lined, Opossum Collar $20 and $25
Plush Lined, Fur Collar $15
Quilted Lined Overcoats, Opossum Collar . .$15 and $25
First Quality Fur Coats, all hides $15 to $69.50
r 1 11 hum 1 11 1 ii. iiiHiiim mi inn 11 1 milium i i n yi i.n,., i.
i'" i,,v nil. rV.,- 'i '
STEEP DODGE HILL
WILL BECHT DOWN
Fctitlon for Grading Dodjje from
Seventeenth to Twenty-Second
Filed with City Clrk.
ALSO CUT DOWN SIDE STREETS
A petition for tho (trading of the
Undue streot hill and Klfthtr-enth,
Nineteenth and Twentieth streets,
Douglas to Capitol avenue, was filed
yesterday afternoon at the city
clerk's office by Scott King, civil en
Klnoer. It Is stated that the petition contains
sirnatures of record owners of M per
cent of the property fronting upon the
streets mentioned. The last signers were
Keiintor Hitchcock and F. J. lloel. which
I relight the total beyond tho 69 per rent
mark snd making the necessary majority.
This Is the largest proposed downtown
rrndlng project since Farnam street was
lowered many years ago.
.rte to Twenty-Second.
Tentative plans show that It Is pro
posed to grade Dodge street from Seven
teenth to a point 125 feet east of Twenty
Mcond street. The deepest cut would be
twenty-three feet at Nineteenth street and
tho cut at Twentieth street would be
tnenty-two feet. At KUhteenth street a
rut of len feet would be made. The grnd
"ng of Klghteenth, Nineteenth and Twen
tieth streets. Douglas to Capitol avenue,
would be necessary to lower those street::
to meet tho cut In Dodge street.
Knglneers estimate that 100 OO yards of
earth would bo temoved and the esti
mated cost of grading and raving would
1 $o,0iio. if tho improvement goes
Valued, Hand Tailored Clothes
Moat extraordinary displays of
super-styled Suits and Overcoats,
recognized as $Lt) to $35 gar
ments here at
Christmas won't seem just right in your old clothes. Arrange to enjoy
this happy season kto ita fullest extent. KINO-PECK clothes will help a lot.
Saturday is the opportune time to make selections.
Whatever your idea of a suit might
he, it can ho realized from our splen
did stocks. Daring styles, extreme
conservative styles and all tho varia
tions between. Patterns and fabrics
World's most distinctive $
Styled Suits and Overcoats
f you are a man with a hankering for the best the clothing world affords,
then, sir, you are bound to be deeply interested in these clothes. Superior in
every detail, and thry cost but about half what your tailor would ask. IWhy
not see them Saturday! i
What Belter Gift for a Boy than a Mackinaw Coat
None that we can suggest just now. It combines service, warmth and is as
practical a gift as any boy ever received. Our extensive stocks afford a rare
field for choosing; special (JQ Cf (fcC Cfl
EXCESS SATISFACTION IN
Style, comfort and Jong wear are
features identified with all K. 1.
Cloth Top Shoe 91 to 9fl.K
KnirllHh SlleH to 9.
Comfort hhot-N 9.1 to 9VM
lll-lop Khocs 94 to 97.00
$2 to 5
' ",i ti j.1 w
""i : -i
through the city would pay half of the
cost of grading, as provldod by law.
Mnrt In January.
This Improvement would require lower
ing of conduits, water and gas mains,
sower anl street car tracks. The pro
moters are anxious tp start the work In
Jammry. The petition will be submitted
to the council next Tuesday morning and
the first step will be for the city legal
i.cpartinent to certify as to the sufficiency
of the signature.
H Is claimed that several property own
ers whoso lots will be left rather hlKh
have arranged for grading down to street
The petitioners agree to waive damages.
Corps Makes Rapid
Progress in Practice
(Correspondence of the Associated Tress.)
LONDON', Nov. M.-Tho London Vol
unteer Training corps, a home defense
mlllt In of m'ddle-aged men who occupy
their late afternoons and Saturday half
holidays training in the London squares
and parks.hnve become far enough ad
vanced to begin practice with mimic
Tn Hyde park, or Russell square, or any
other of the numerous grass plots, the
volunteers may be seen on any afternoon
now, ptnmllng behind make-believe
trenches cnnilructcd of park benches nnd
brushwood, winding themselves up with
nil tho contortions of a professional base
ball pitcher and then madly hurling at
each other curiously contrived blocks of
In a sense these are mere dummy
bomts; yet they oro t. be regarded with
a certain amount of respect, for they
have renl fuses warranted to go off with
a iputter, a .hang, a flash and a little
cloud of smoke.
Right men comprise a bombing squad
".vuj,'. iU'i". . ... 'Ji !..',;.' .v. . ' 1 "
for purposes of practice, with a ninth
pian chosen for particular calmness and
Intrepidity, who Is the lighter. At com
mand the nine Jump Into the trench and
the lighter touches off the first bomb.
The man who holds It must remember
that the fuse has five seconds to burn
and tho bomb should explode at the last
available moment just after landing In
the enemy's trench. Bo ha must hold
It while he counts slowly and del'ber
ately, "A hundred and one, a hundred
and two, a hundred and"
Only when the word "three" Is fairly
out may he throw. If his throw is ac
curate the bomb will drop squarely Into
the opposite trench, sixty feet away, with
a teallstlo bang and a puff of white
smoke. Then the whole nine men leap
out of their trenrh wtlh a cheer and rush
as fast as their stiffened muscles will
allow, across the Intervening space, and
into the enemy's stronghold.
Rut It Is not often that the first bomb
reaches its target. It Is no trifling mat
ter to throw a sputtering fuse and a
one-pound block of wood sixty feet with
accuracy, snd mnny of the shots go
wllil. Frequently tho volunteer throws
too soon, and to remedy this falling his
officers station fielders In the enemy's
trench, who capture the prematurely
thrown bomb and hurl It straight back
to burst In the midst of the huddled volunteers.
LCNG-PENDING WATER SUIT
SETTLED BY AGREEMENT
ri'RRLO .Colo., Dec. t A compromise
In the Kansas-Colorado water suit. In
volving the rights to use the water of
tho Arkansas river for Irrigation pur
P ses, which has been in the courts for
several years, has been virtually agreed
upon. It was learned heru today In
authoritative quarters. Only details re
n nln to be adjusted.
A "For Fle" ad will turn second-hand
furniture Into cash.
Overcoats for motoring, Street
"Wear, Service Coats and Dress Coats.
Surprisingly attractive styles, pat
terns and fabrics. Never have assort
ments been greater or values better
30 -35 -40
Wf f H'f j? jvs
A STORE FULL OF GIFTS, THE
VERY SORT MEN AND BOYS
WOULD CHOOSE FOR
(live something Practical, some
thing lie is sure to appreciate. Our
Xmas stock is the solution to most
of your gift problems.
Toilet KeU $1 to 912.75
Military ISruthc-j. ....... 91.50 to 93.50
Collar IlaN fl.OO to $3.00
Leather . Novelties, up from 50o
Kilk Shtrta 93.50 and 95.00
lloxed Handkerchiefs 91.00 to 91. SO
Combination Sets 9I.OO to 91.50
Xmaa Netkweur SOc to 93.50
Mufflers 91-'K to 91.50
(iloves 91.00 to 91o
llath Hobex 3AQ to 910
Lounging Kohea 910 to 9&1
Smoking Jacket 93 to 915
IIoue Slioert '.$1.50 to 9.
Silk Hose SOc to 9LO"
Fur Caps $3 to 9lO
Gift l'ajumas 92 to $10
Traveling Hags nnd Caites 92 to $25
SwMter Coats ft to 10
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