Omaha daily bee. (Omaha [Neb.]) 187?-1922, December 04, 1915, News Section, Page 3, Image 3
THE KE: OMAHA. SATUKIUY. DEOEMnKU 4, 1015. be If Pj Nebraska HALL MUST PAY FIREWARRAHTS 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 alance. 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 that point. 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: - l.li.'l 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 not questioned. 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 made." 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 years. Nebraska Effect of the Good Roads Meeting Upon Morehead's Plans (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 States senate. 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 have miscarried. 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 dressed. 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 Kathbun. MADGETT CANDIDATE --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 IRRIGATION CONVENTION 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 Bailey, Falrbury. 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 Barnes farm. 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 time. 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 tract disease. 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 It. Advertisement. Nebraska 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. BURLINGTON INSPECTOR 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 higher court. 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 Browning, King & Company TO-DAY affords you a last opportunity to join the hundreds who have bought one or more of these $25, $28 and $30 Suits for $17.50 The response has been most gener ous, but we ex pected it and pre pared accordingly. There remains a full assortment of sizes. 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 today. Browning, King & Company GEO. T. WILSOX, Mfr. Nebraska 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. Germany Seizes 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 German authorities. 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 I 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 UNDERWEAR and this is the one store best pre pared to care for your underwear needs. Woolen I'nion Suits Cotton I'nion .Suits Wool Separate (Jarmentn. . Cotton rk'purate Unnnenta. . . . . . .! .91 .&Oc 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 a plenty. 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 values, at EXCESS SATISFACTION IN FOOTWEAR Style, comfort and Jong wear are features identified with all K. 1. Shoes. 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 to 50 to -:.. to I.H ' ",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 l vel. The petitioners agree to waive damages. Volunteer Bomb 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 bombs. 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 Wood 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 " $1 &QsV 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. Better 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 than now. 30 -35 -40 Wf f H'f j? jvs A STORE FULL OF GIFTS, THE VERY SORT MEN AND BOYS WOULD CHOOSE FOR THEMSELVES SOME SUGGESTIONS (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 '"""r;