THE BEE: "OMAHA. MONDAY, DECEMBER 3. 1917.
i
OMAHA ELKS PAY
TRIBUTE TO THOSE
CALLED IN YEAR
Annual Memorial Services Held
at Orpheum Theater With
E. C. Page as the
Speaker.
The O naha Lodge of the Benevo
lent and Protective Order of Elks
held lmoressive memorial
services
for absent members at the Orpke -
"u uiwicr, cunuay morning, i nc
ceremony is an annual one, held
throughout the United States on the
same day in memory of the lodge
members who have died during the
year. The services were character
ized by ritual solemnity and beauti
ful music, especially appropriate to
the occasion.
Ernest C. Page, past exalted
ruler of the Omaha lodge, delivered
the commemoration address. He
puc!ied on the principles ofS"charity,
justice, brotherly love and fidelity,"
upon which the order is founded.
"The renturies have passed and
philosophy has never ben able to
better those two principles of human
conduct embraced in the sentences:
"Do unto others as you would they
would do untc. you' and 'Love thy
neighbor as thyself,'" he said. "They
embrace the simplest and most pro
found philosophy the world lu.s ever
heard."
Remembers Enlisted Men.
' In the lieht of these principles of
the order he pointed out the thor
ough and interely patriotic spirit ot
the organization and paid tribute to
the members who had entered the
fact that similar memorial services
were being held simultaneously in
the Philippines, in Porto Rico, Alas
ka, Guam, as well as in some 1,300
larger , cities and towns under the
i ti iars a"d stripes.
T J 1 He
Thomas B. Dysart, exalted ruler,
Charles R. Dochertv. John C. Bar
rett and Willis G. Sears as officers
of the lodge, conducted the, memo
rial ritual.
Brother Cox of the lodge, assisted
by members of the String orchestra,
rendered the exquisite Grainger
"Lament" and furnished other musi
cal numbers of the program.
Music Numbers.
Alice Duval, soprano soloist, sang
Vincent's "Love Not the World'' and
Hazel Smith Eldrige rendered Men
delssohn's "Take Heart Ye Weary,"
contralto solo. "The .Rose of Shar
on" and "Still, Still With Thee" were
beautifully sung by J. R. Gerke, Alex
Rengtson, C. S. Haverstock and J.
F. McVargar, composing the Elks
quartette. Cecil Berryman furnished
-the accompaniments,
f Miss Loretta DeLone. harpist, ren
dered "Priere" and Kipling's "L En
voi." The deceased members of the year
in whose memory the services were
held are:
Absent Brothers.
K. X,. Dodder
William K. Cody . . ,
Jt. Kffinger
Rufun S. I'arker . .
.Iutin B. Porter ...
Harry '". .'Irartwohl.
January 4
. . ..lunuary .It),
..February 1.
1M7
1017
till"
1 ! 1 7
March 1,
.April 1. 1917
..May It'., if 17
..May 3P. 1917
Harry J. Ferer
Herbert Broadwell Jul' .
H. K. T.. Kokermann June 1 H.
1917
1917
ramobell E. HaboocK
June 21. ll
John T. FrlericK '' "I
EdWd Dickinson August 8. Wl
John M. McMahon aurufl j",
It rrrtsh Sentemlier 1, in
Robert E. K. Mellor September 11, 1917
September 1917
Wlllram Humphrey . . . .September 10,
Sylvester A. Searle October I, 9 7
W. H. DeFranee .. October to 1917
Thomas McOovem October 26, 191,
Ben F. Stevens October Jft, 19 7
Thomaa F. Boyd November
Business Brisk in Sarpy
(A And Douglas Farm Sales
The Orin S. Merrill company re
ports the following Douglas and
Sarpy county farmsafes during, the
last few weeks: The Andrew Nelsen
80 acres, northwest of Elkhorn, to W.
R. Atchison for $220 per acre; a 120
' acre farm belonging to Frank Gr r.hatn
of Springfield, formerly being part of
the Hoerath estate west -of Icvington,
to Eskeld Hansen for $175 per acre;
the F. M. Anderson 160-acre farm,
three miles south of Elkhorn, to A. I.
Wahlgren, for $168.75 per acre: the
Frank Sedlacek 85 .acres west of
Springfield to Henry Hoerath for
$200 per acre, and a nine-acre feed
lot. Thirty-sixth street, south of
South Side one mile, to Guy Saunders
and Gilbert White for $5,000. .
4 Cornett Held as Deserter.
TWtriee. Neb. Dec. 2. (Special
Telegram.) Roy Cornett, son of Mr. I
and Mrs. Robert Lornett, was arrest
ed herev tonight as a deserter from
Company C, 134th infantry, it month
go Cornett came here on furlough
to visit his parents. Today a tele
gram from Captain E. L. Stewart
isked that he be held.
A Seryice Flag for Every Household
That Has Given a Soldier to the Country.
The Bee has secured a limited supply of handsome paper
service flags in correcfcolora, 11 by 18 inches, with from one
to five service stars, to be pasted on the window pane. They
are of the same quality and workmanship a3 the American
flag which we distributed in the spring and they may be had
at any of our offices by our readers at nominal price with
attached coupon.
X p" ; . .... I
TIT
Omaha Bee Service Flag Coupon.
Good for one service flag when presented with
3 cents at any of the following offices :' s
Omaha Office, Bee Bldg.
Ames Office, 4110 N. 24th St
Lake Office, 2516 N. 24th St.
Walnut Office, 819 N. 40th St.
Park Office, 2615 Leavenworth
St
If to be sent by mail
wrapping and postage.
MANY COMPANIES
FORMED IN STATE
Fees From Articles of . Incor
poration Filed at Lincoln
Swell Receipts Poured Into
Office of Secretary.
(From a Staff Correspondent.)
Lincoln, Dec. 2. (Special.) The
month of October showed a big in
crease in business in the office of the
secretary of state, and November fol
lows along the same line, the business
for the month footing up to $4,810,
a gam of $J,J17 over .November re-
Inc. frtr sf 4 1, - f"Y Tin
1 was on ting arttcles of incorpora-
, . on wh c , amounted to $3,674 the
last month, as against only $968.W)
last year.
In the automobile department 1,716
new plates were issued during tjic
month, running the total for the year
so far to 147,744. A total of 3,484
motorcycle plates have been issued
so far this year, 112 during the last
month.
Fremont Couples Go to York
To Embark on Big Venture
York, Neb., Dec. 2. (Special.)
Fred G. Pschcrer and Miss Clara
Ward, both of Fremont, were married
at York Thanksgiving day. Rev. F.
M. Sisson officiated.
Asa K. Lane and Miss Evelyn I.
Johnston, both of Fremont, were mar
ried Wednesday night by Rev. F. M.
Sisson.
Edwa-d Klone, a pioneer resident
of York county, died at his home five
miles southeast of York, Wednesday
nieht. He was 56 years of age.
Mrs. A. C. Russell, who died at
Grand Island Thursday night, was a
resident of York several years. Her
husband died several years ago. He
was a druggist in Hnderson at the
time of his death. Funeral services
will be held at the Lutheran church
in York Sunday, afternoon at 1:30
o'clock. Interment will be in Green
wood cemetery.
Former Prominent Nebraska
Man Dies in Los Angeles
Tccumseh, Neb., Dec. 2. (Special.)
Pitts H. Hopkins, lor a number of
years a leading farmer in this section,
died at the home of his daughter,
Mrs. Ethel Cowan, at Los Angeles,
Cal. Mr. Hopkins was a native of
Sparta, 111., and was 84 years old. For
a great many years he lived at Mar
shalltown, la., and taught in the
first public school in that town. His
wife died here in 1917, and the daugh
ter is the only surviving fneniber of
his family. During the time Mr
Hopkins resided in Tecumseh he
erected the Hopkins hotel building
and the Hopkins block, a business
block on Broadway. Mr. Hopkins
was a Knizht Templar and a Shriner,
Mrs. Cowan will bring the body to Te
cumseh and. the funeral will be herd
at the Presbyterian church at 2 o'elock
next Wednesday afternoon
Grand Island Soldier Boy
Is Dead of Pneumonia
Grand Island, Neb., Dec. 1. (Spe
cial Teletrram.) The first dca''i of
a soldier of the ranks leaving this
vicinity was reported today when Mr.
and Mrs. Andrew Nielsen returned
from the hospital at Foft Riley, where
they were at the bedside of their only
son, -Niels L., aged i3, who aiea ot
pneumonia, lhe young man was m
Uhe first quota of the Howard county
selective list.
Two Companies of Albion
. Home Guards Mustered In
Albion, Neb.. Dec. 2. (Special.)
Cass Grove Barns, chairman of the
Boone county council of defense, mus
tered in two companies ot home
euards last night. The officers of Com
panv A are Charles A. Bull, captain;
Harry Hayes, first lieutenant; W. At-
water, second lieutenant; umoany J3,
F. F. Williott, captain; Fred B. War
ing, first lieutenant; James Simonson,
second lieutenant.
Dan Longwell President
4 Of Older Boys' Conference
Fremont, Neb. Dec 2. (Special
Telegram.) Dan Longwell of Omaha
was elected "president; Carl Sours of
Albion, vice president, and Harold
Wiggins of Exeter, secretary of the
Nebraska older boys conference, tn
session in Fremont. More than 300
bovs have registered for the sessions
They are being entertained at Fre
mont homes.
Asks Report on Highway.
(From a Staff Correspondent.)
Lincoln, Dec. 2. (Special.) The
National Highway commission has
asked the council of defense for a re
port on the condition of the L'ncoln
Highway through this state.
Vinton Office, 1715 Vinton St
South Side Office, 2318 N. St
Council Bluffs Office, 14 N.
Main St
Benson Office, Military Ave.
and Main St
enclose 5 cents to include
National Prty Branch
Ma, Be Formed in State
(From a Staff Correspondent.)
Lincoln. Dec. 2. (Snecial Tele
gram.) Nebraska will have another
new political party if plans of a few
men who met at the Lindcll hotel
here this afternoon are completed.
Judge Arthur Wray of York, one of
the leaders of the progressive move
ment, but who was out ot sympathy
with some members of that party be
cause of his rabid single tax ideas,
represented the 'progressive party;
G. C. Porter, an Omaha attorney,
represented the ex-socialists: Chair
man Currie of tie state committee of
the prohibitionists, represented the
dry fellows and former Lieutenant
Governor Jani'cs Pearson represented
what is Iett of the populist party, the
object is to form an organization of
progressives, prohibitionists, ex-socialists,
populists, etc., under the
name of the national party to co-operate
with a" national organization
now in the sprouting stage.
Pioneer of Dodge County
And War Veteran Dead
Fremont, Neb., Dec. 2. (Special
Telegram.) Henry W. Rogers, aged
77, pioneer resident of Dodge county
and a veteran of the civil w ar, died at
his home in Fremont following a long
illness. Ir. Rogers came to Dodge
county with a party of pioneers from
Pennsylvania 49 years ago. He lo
cated on a homestead on what is now
the site of the town of Hooper. In
1878 he removed to Fremont and had
since made his home here. He served
from the outbreak of the civil war
until August, 1864, when he was cap
tured at the Battle of Stoncbridgc and
placed in Libby prison. With several
comrades he made his escape by tun
neling under the stockade. 1 lis wife
preceded him in death 13 years ago.
Three sons and three daughters are
the close surviving relatives.
High CostTf Milk Hits '
Stella With Loud Thud
Stella, Neb., Dec. 2. (Special.) '
For the first time in the history of
this community, niilk is now selling in
Stella fpr 10 cents a quart.
F G
Marts, dairvman. annminrrs that lie i;
obliged to raise the price to 10 cents
on account of the high cost of feed.
He also, jx nounccs that unless all
empty bottles are out, he w ill deliver
no milk at any place.
Stella has finished raising its quota
of $850 for the Young Men's Christian
association war work and the fiuoia
of $70 for the Voting Women's Chris-1,
tian association war work. R. ( W.
Clark was chairman of raising ' the
Young Men's Christian association
fund, raising it by subscription and
also with a lecture in the opera' house
by. Sergeant Hanley, who spent 23
months in France.
Judge Holmes Withdraws
- Rock Island Application
(From a Staff CorreHpomlent. )
Lincoln. Dec. 2. (Special.) Satur
day was the day set for the hearing on
the application of the Rock Island rail
way for permission to take oil one of
its passenger trains between Fairbury
and Nelson and substitute, a mixed
train over the line.
The stage was all set for action and
Superintendent Allen was being ques
tioned by Mr. Hall, when Judge
Holmes withdrew the application.
It is said. Judge Holmes after the
adjournment remarked he meant what
he said at the former conference that
he would not bring anything before
the commission if Commiissioner Hall
was sitting. x
Young North Bend
Man Injured Under Car
Fremont, Neb., Dec. 2. (Special
Telegram.) Thomas Chaplin, a young
farmer residing north of North Bend,
lay seven hours Friday night pinned
beneath his automobile which went in
to a. ditch two miles north of North
Bend when a wheel broke. Mr. Chap
lin was found early Saturday morning
by Louis Burger. Chaplin suffered
a bad wrench of the shoulder and
arm and he is suffering from the "ef
fects of the cold. He will recover.
Scribner Marshal Pleads
Guilty to Drunkenness
Fremont, Neb., Dec. 2. (Special
Telegram.) Tom Clements, Scribner
marshal, who was relieved of his star
and gun by Mayor Charles Arnot fol
lowing an altercation Clements had
with a Scribner citizen, pleaded guilty
to a charge of drunkenness in county
court. Cfements begged Judge Win
tersteen to suspend sentence under
promise that he would enlist if given
his freedom. Judge Wintersteen has
the matter under advisement.
Home Guard Company
Is Organized at Orleans
Orleans. Neb.. Dec. . 2. fSoecial
Telegram.) At a called meeting here
last night for the purpose of organiz
ing a home guard company SO men
responded and signed the muster roll.
By 3 o clock today the number was
increased to 125. The ages so far
are from '.7 to70 years. Permanent
organization ajid election of officers
is to take place next Tuesday night.
Kendall Going to Front.
Fremont. Neb.. Dec. 2. (Soecial
Telegram.) H. W. Kendall, for
merly secretary of the Fremont
Young Men s Christian association,
is in ihe city attending the older
bovs' conference. Mr. Kendall has
been assigned to Young. Men's Chris
tian association work in France and
expects to leave in a few days for
New ork. Mr. Kendall has been
doing Young Men's Christian asso
ciation work at one of the canton
ments near San Antonio.
Two Wounded by One Bullet.
Beatrice. Neb., Dec. 2. (Special
Telegram.) Dean Essex and Char
les Miller, two boys, were wounded
in a peculiar manner todav while
husRing corn near Rockford. A 22
caliber rifle which they placed in the
wagon was discharged, the ball pass
ing through Essex's hip and lodg
ing in Miller's jaw where it was re
moved.
Sammies in France
Want Reading Matter
With the American Army in
France, Dec. 2. Officers of the
American soldier units in training:
here have asked The Associated
Press to inform the American peo
ple that the soldiers lack reading
material. They said that the com
paratively small quantity of maga
zines and newspapers which has
been arriving ia eagerly read by
the men. Some of the publications
Sassed through dozens of readers'
ands until the pages actually were
in fragments.
NEBRASKA BOY GETS
INTO MR BATTLE
Manderson Lehr, Somewhere
in France, Shot at by the
Germans, But He Is
Uninjured.
(From a Staff Correspondent.)
Lincoln, Dec. 1. (Special) Man
derson Lehr, Nebraska boy, nephew
of the late General Charles F. Man
derson, and son of Mr. and Mrs.
Henry F. Lehr, Albion, member of
the Lafayette escadelle of flyers on
the French border, has had, his first
experience in air battles, according to
information coming from Beloit col
lege, where he was attending school
at the time of his enlistment. In a let
ter he says:
"Since arriving in France, the Be
loit unit has split. I started it by go
ing crazy over aviation. As for little
me, I am a starving corporal in the
Legion Etranjere, and have a good
machine on a good front, and so I am
happy, as excitment is plentiful and
time goes rapidly, too quickly for
some of the poor boys.
"Folks, I've been into Germany,
I've been shot at and missed. I've
evct waved at a Boche and he waved
back, and then we maneuvered into
position and fought. I finished and
came down with seven or eight holes
in my machine, but that s all.
"We Americans are contemolatinir
changing into the American army.
If that is the case and we do. I don't
know when we ever will tret home.
In the French army, after one vcar.
or 10 months service yor are granted
21 days in the states. There are no
such things in the American army, so
r i cnange, good Dye permission.
However, you can starve alone on
1 franc, 40 centimes a day for a long
time and the American army pays
well. It is extremely hard for a for
eigner to 'rise in the ranks of the
French army -and a corporal or a
sergeant is about as high as an Am
Lcr'ca" Ke,s 80 1 th'ik most of us will
L,la,,Iie.
" I if
RAPS DOUGLAS
CO. POOR FARM;
UNFIT FOR MEN
'From a Staff Corre.ponilent.
Lincoln, Dec. 2. (Special.) The
Douglas county poor farm is not only
poor by name but by nature, accord
ing to a report filed with the gover
nor by .. M. Johnson, secretary of
the State Board of Charilirs anrl fnr.
fTfrtions. who madi an insnertinn nf
the premises last week.
Secretary Johnson says that the
toilets and halls of the buildii.g on
the farm are in poor condition,
plastering has fallen off in places, the
halls have not been cleaned for
Ion gtime and the woodwork is sadly
in need of paint. The fixtures in the
toilets are old and out of date and
in poor condition. However, with
.11 .1 i:.: it.. . i
iu mcsi: tuiiuuioiis, inc jooms wncrc
the patients are kept are very clean
and the beds kept in good shape.
jonnson says tne basement in
which the men who are county
charges are kept, is so low that one
has to stoo to keep from bupmpiug
his head on the steam pipes which
run along the ceiling and then stoop
lower still in-order to get into the
rooms where the men have their
beds. It is deplorable that these
quarters should be occupied by hu
man beings. He adds that Mr.
Nichols, the superintendent, is doing
good work in the face of the condi
tions he is up against and has made
much improvement during the time
he has had charge.
Generally speaking, the Douglas
county jail is in pretty good shape,
says Johnson, the walls need some
paint an dthe furnishings should be
burnished up a little. He thinks that
there sould be more work for the
inmates, as being crowded into close
quarters does not tend to the best of
healthful condit.ons.
ADD TEN TOWNS
TO 4-MINUTE MEN
FORCES OF STATE
Lincoln, Neb., Dec. 2. (Special.)
The regiment of 925 Nebraska four-
minute men in 118 cities and towns
official speakers in theaters for the
government were increased last
week by organizations effected in 10
towns. ,
The following local chairmen have
been appointed by Prof. M. M. Togg,
the head of the Nebraska branch of
the four-minute men of the United
States committee on publication:
Arapahoe, V. L. Best; Cedar
Bluffs, W. G. Putney; Clarkson,
Emil Folda; Deshler, E. J. Mitchell;
Elmwood, William Delesdernier;
Hooper, M. E. Shipley; Indianola, W.
A. Reynolds; Lynch, A. C. McFar
land; Milford, H. J. Matzke; Syra
cuse, D. P. West.
In a new government bulletin,
"Four-Minute Men News," sent the
Nebraska chairmen and speakers last
week, Director William McCormick
Blair of Washington reports that on
November 15 Nebraska (which was
the last state to be organized) with
104 local chairmen, ranked fourth, ex
ceeded by only New York, Ohio and
Kansas. Iowa had 57 and Missouri
40.
In regard to the work of the four
minute men in the Second Liberty
loan campaign, Prof. Fogg has re
ceived from the state chairman of
the Second Liberty loan committee,
T. C. Byrne, the following:
"Our committee realizes that it was
largely through the efforts of the
four-minute men that the sale of
bonds was made in Omaha and
throughout the state, and as chair
man of the committee, I want to ex
press my sincere thanks and gratitude
to you fpr the great help you gave
us."
U. S. Thrift Stamps Go
On Sale in Omaha Today
"The thrift stamps" have'not yet
been received' in Omaha. They are
to go on sale Monday. The cards
to which they are affixed are here and
the stamps are expected today.
The cards bear a full explanation of
the purpose of the stamps and the
".iferest paid to buyers, together with
many thrifty , mottoes like "If you
want to silcceed, save," "A penny
saved is a penny gained," and "Thrift
begins with little savings.
NEBRASKA SUPREME
COURT DECISIONS
Opinions and Rulings Handed
Down in Various Gases
Heard by High Tri
bunal. In the supreme court of Nebraska
November 3, 1917.
The following are rulings on mis
cellaneous motions and stipulations:
19.143 Meyer against Chicago & N.
W. R. Co, Appeal from Douglas.
Reversed and remanded. Hamer, J.
Rose, J., dissents. Sedgwick, J., dis
senting separately.
The evidence examined and found
not to sustain the verdict and judg
ment. 19417 Omaha Loan & Bldg. Assn.
against Cdvke. Appeal, from Doug
las. Affirmed. Sedgwick, J.
If a plaintiff has no interest in the
note sued upon except as collateral
security for a note held by him, he
cannot recover on the collateral if
the principal note is wholly invalid.
19.i)J Kotitt against Brotherhood
of Railroad Trainmen. Appeal, from
Douglas. Affirmed. Hamer, J. Let
ton, Cornish and Rose, JJ., dissent
ing. 1. When there is ambiguity in the
terms of the contract and certificate
of insurance in a fraternal benejjeiary
company, it will be construed in such
way as to accomplish the purpose in
tended whenever the same may be
done without violence to the ex
pressed terms of the contract, and in
accordance with thp aims and pur
poses of such fraternal brotherhood.
2. Where the peculiar malady known
as color blindness so impairs the
sight that a member of such associa
tion who is insured therein is dis
abled and is unable longer to continue
in the train service, and is discharged
therefrom on account of such defect
in his vision, this constitutes the com
plete and permanent loss of sight of
both eyes within the meaning of the
contract stated in the opinion.
. 1950o Janous against Columbus
State Bank. Appeal, from Platte. Up
on motion to amend judgment, former
judgment modified and judgment of
district court reversed and cause re
manded with instructions to allow
the parties to adduce further evidence
and proceed further in accordance
with op'nion. Sedgwick, J. No syl
labtts.
l'58 Alirens against Simon. Ap
peal, from Cheyenne. Affirmed. Mor-
rissey, C. J. Letton and Rose, JJ., not
sitting.
l. v here two persons enter into
an agreement to purchase real estate,
and each contributes one-half of the
purchase1 price, but the title is taken
m the name of one of the parties, a
resulting trust immediately arises in
favor of the other to the extent of his
interest.
2. Evidence examined, and held suf
ficient to sustain the decree of the
district court.
19631 Lawler against American
Surety Company. Appeal from Adams.
In a suit on a surety bond the peti
tion did not ask tor attorney- fees.
Judgment was entered in favor of the
plaintiff for the full amount prayed,
with interest and costs. A motion was
then filed prying for the allowance of
an attorney fee. This was denied and
the judgement debtor paid into fcojirt
tne tun amount ot the judgment and
costs, lhe judgment creditor accent
ed the same and entered a release of
the judgment and costs on the rec
ords of the court: heM that he can
not, at a subsequent term of court,
Have a re-taxation of the costs so as
to award him an attorney fee.
19637 Pope against Royal High
landers, Appeal from Douglas. Re
versed and remanded. Dean, J., Sedg
wick, J., not sitting.
J. In a fftternal mutual benefit in
surance association the application for
membership, the certificate on insur
ance, flie by-laws of the society and
the statute constitute the contract be
tween the insured and the society
and all are to be construed togethei
and considered with other evidence in
the case to determine the rights of
the respective parties.
2. Where a person voluntarily be
comes a member of such association
he thereby assents to and is bound by
the laws under which his membership
is acquired.
3. A plea of such member of ignor
ance of such laws will be of no avail
where he attempts to recover premi
ums paid while engaged in an occupa
tion prohibited by the laws of the so
ciety without knowledge that the
member was so engaged.
4. Where a by-law of such associa
tion provided that " a memfcer being
engaged as a saloon keeper,
shall exclude him from membership,
annul his certificate and void all his
rights as a member," and the certifi
cate provided that if the insured
should be expelled, or be or there
after become a saloon keeper his cer
tificate should immediately become
void and that all moneys paid, and all
rights and benefits, if any, "which may
have accrued on account of his certifi
cate shall be absolutely forefited to
the fraternity," in such case the in
sured cannot recover premiums paid
that were received bv the society
without knowledge on its part that
u i i ..!-- '
inc nisurcu was engaged in ine pro
hibited occupation.
19645 Lingle aeamst Farmers
Mutual Telephone Co.- .'.nDeal from
Lancaster. Affirmed. Sedgwick. J.
If an insolvent corporation sells alt
of its iproperty and rights for cash or
other property and distributes the
same to some of its stockholders, the
parties receiving it knowing all of the
tacts will be held to account to the
creditors of the corporation for the
property so received, and that they
also contributed some of their in
dividual rights to induce such sale
and transfer will constitute no defense
to an action to subject such property
to the claims of creditors.
19678-First National bank of Oma
ha against Hunt. Appeal from Mor
rill. Affirmed unless defendant give
bond within 30 days. If so given re
versed and remanded with directions.
Letton, J.
1. A judicial sale of real estate will
not be set aside on account of mere in
adequacy of price unless such in
adequacy is so gross as to make it
appear that it was the result of fraud
or mistake.
' 2. The general rule in this state is
that in judical sales distinct tracts of
land should be appraised and sold sep
arately, but the district court may
provide in a decree of foreclosue for
thr appraisement and sale, of mort
gaged property in parcels or en masse
as the best interests of the parties
may require. '
3. Where a decree of foreclosure
contains no direction to the officer as
to the manner of sale and the property
is contiguous and was mortgaged as
a single tract, its appraisal and sale as
such will not be disturbed in the ab
sence of a showing of prejudice to the
complaining party. Clark against
tiirge, UK) .Neb. 716.
4. Where a tract of land consisting
of many government subdivisions is
..mortgaged as an entire tract, the
debtor if he dcisre it sold in parcels
should apply to the district court to
direct the officer selling the same in
what manner the sale should be made,
or, since the officer in the absence oi
directions is vested with discretionary
power, he should point out to such
officer the manner in which he be
lieves the property should be divided
in order to sell to best advantage.
5. Where the record does not show
that the judgment debtor took steps
to procure the direction of the court
that the land be sold in separate tracts,
or requested that the officer sell in
such manner, he is not entitled as a
matter of right to have the sale set
aside because the land was sold en
masse.
6. Upon appeal from an order con
firming a court of equity under fore
closure a court of equity may in
its discretion impose terms as a con
dition to setting aside the confirma
tion and allowing a resale if it is
equitable between the parties to do
so.
19679 McCartcr against Lavery.
Appeal from Dawson. Appeal dis
missed. Rose, J.
1. An appeal by the niamtiff may
be dismissed, where during its pen
dency, without any fault of the de
fendant, an event occurs to prevent
the appellate court from granting
plaintiff an effectual relief in case of
a decision in his favor, and an event
of that nature may be shown by ex
trinsic evidence.
2. An appeal by a taxpayer from a
dismissal of his suit to oust a county
commissioner for misdemeanors in of
fice may be dismissed, where it is
shown that the official term of de
fendant expired pending the appeal,
that another holds the office, that no
effort was made to advance the appeal
for a hearing during the incumbency
of defendant, and that he did not pre
vent an early hearing.
19691 McGinley against Durham.
Appeal from Lancaster. Affirmed
without prejudice to further suit on
notes when lien is released. (Not to
be reported.) Letton, J.
No syllabus.
19692 Greiner against Lincoln.
Appeal from Lancaster. Affirmed.
Hamer, J. Letton and Sedgwick, JJ.,
not sitting
1. Upon appeal in actions of equity,
this court isTcqtiired by the statute to
try the issues tie novo, without refer
ence to findings of the trial court;
but, when the testimony of witnesses
orally examined before the court upon
the vital issues in the case is conflict
ing, so that it would be impossible
that both versions of the transaction
can be true, this court will consider
the fact that therial court observed
the witnesses and their manner of
testifying and must have accepted one
version -of the facts rather than the
opposite. Shafer against Beatrice
Strte bank, 88 Nebraska 317.
2. Evidence examined and held to
support the finding and judgment of
the district court.
20007 Iiams against Farmers State
Bank., Appeal, from Burt. Affirmed.
Dean, J. Sedgwick, J., not sitting.
1. Where money purporting to be
a deposit is placed tn a state bank for
which the bank issues and delivers to
the purported depositor certificates of
deposit in .terms providing fpr pay
ment of 5 per cent annual interest,
and where by an understanding be
tween the parties the bank pays to
such person a bonus of 1 per cent
above the lawful rate of 5 per cent
interest: Held, such transaction does
not constitute a deposit within the
meaning of the bank depositors guar
anty act, Chap. 6, Art.l, Rev. St. 1913,
but is a mere loan of money to the
bank.
2. Where such bank fails and a re
ceiver is appointed certificates so ob
tained cannot lawfully be paid out of
the depositors guaranty fund. Sec.
306, Rev. St. 1913.
3. Subsequent to the issuance of the
initial certificates, which were re
newed from time to time, the corpo
rate name of the bank' was changed,
the bank remaining unchanged in
identity and personnel and in all re
spects except as to name, the same
as before the change in -corporate
name: Held that such change in cor
porate name in no way affected the
transaction between the parties.
Douglas County Sends
In Payment on Bonds
(from Staff Correspondent.)
Lincoln, Dec. 2. (Special.) Doug
las county saved the state treasurer
a lot of worry today when it sent in
a payment of bonds amounting to
$180,000.
The bonds, which were refunding
bonds, were not due for a month.
but tho county was saved some inter
est by paying before due and besides
the state needed the money badly.
A Free Book Telling How to Remove All Kinds
of Spots From Clothing and Other Fabrics
Offered by The Omaha Bee.
The Omaha Bee is now sending free to its readers a
valuable book for the household, telling how to take out
all kinds of spots from clothing, table linen and other
fabrics.
This booklet tells first of the "General Principles of
Stain Removal," then of "Methods of Treatment," and
finally it lists and describes eighty-eight different kinds
of stains, everything from asphalt to salad dressing, and
tells just how to take out each one.
A copy of this book in your home may save you a silk
dress or a valuable table cloth some day.
To get a copy free, put your name and Address on the
attached coupon and mail with a 2-cent stamp for return
postage to The Omaha Bee Information Bureau, Wash
ington, D. C.
THE OMAHA BEE INFORMATION BUREAU 4
Washington, D. C.
Enclosed find a 2-cent stamp, for which you will please send me,
entirely free, a copy of the book: "How to Remove Stains."
Name
Street Address
City .' State......
GERMANS FALL IN
DROVES BEFORE
BRITISH SHELLS
British Headquarters in France,
Dec. 2. The mail, effort of the en
emy in the recent offensive in the
Cambrai sector was centered be
tween Moeuvres and Bourlon woods.
The assault began at about 20 min
utes of 9 o'clock, or approximately
two hours later than the opening of
the southern offensive.
The enemy infantry, went over the
ridge between Moeuvres and Bour
lon wood; in dense masses, and as
they swept down the slope toward
the Bapaume-Cambrai road they
came under the fire of the British
artillery. The British gunners had
so many targets that they hardly
knew where to begin shooting, but
immediately poured a veritable de
luge of shells among the advancing
German ranks, and the British ma
chine guns and rifles also took part
in the sanguinary battle.
The Germans fell in droves as they
advanced over the rifjges in close for
mation, but they kept coming on.
British infantrymen were thrown into
the battle line for a counter attack,
and hot fighting ensued. The Ger
mans succeeded in penetrating to the
vicinity of the Bapaume-Cambrai
highway, northwest of Graincourt,
but this was as far as they were able
to get.
Notwithstanding their terrible
losses the Germans continued to rush
over the ridge in waves all diy and
always with the same result they
came under intense fire and were
mowed down ir great numbers. Late
in the day the British counter at
tacks .succeeded in pushing the en
emy back virtually to the same line
they had left
County Commissioners
Of State to Meet Here
The Nebraska State Association of
Commissioner and Sueprvisors will
hold its 23d annual meeting in Oma
ha, December 4, 5 and 6. Castle hotel
will be headquarters. P. J. Kennedy
of York is president; L. R. Barlow of
Lodge Pole, vice-president; C. E. Hill
of Hastings, secretary, and Mike
Cavey of St. Edward, treasurer.
Robert ,E. I- Brooks of Chicago,
president of the Cook County Real
Estate" board, will be present. He
will deliver an address Wednesday,
morning on what the Torrens system
will tlo for Nebraska. George A
Roberts, county clerk of Dawson;
county, will follow with a discussion!
on what the Torrens system of regis-j
tration is doing for one Nebraska'
county. Georg: E. Johnson, state!
engineer of Nebraska, will talk !n the
afternoon on county highways and'
sta,te aid laws. W. M. 'Sanders,
county highway commissioner of
Dodge county, will speak on state and
county co-operation on the matter of
highways. Martjn Bysong of West
Point, commissioner in Cuming
county, will discuss the cost of con
sfructing county bridges.
Ample entertainment has been
planned1 for the nights, including,
theater parties and a banquet at the
Castle hotel Thursday night at 6"
o'clock.
j.
Persistent) Advertising Is the Road
to success.
u
DOUGLAS
FAIRBANKS
$1.00 tot
A Natural Bom
Chrittmet Gift ft Etwyhoif
BRnTON PUBLBHWO CO, Vtw Tack
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kid, and every one will be glad to ie yoiul
The kidney and bladder are the au1
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hi proper working condition. Drive the poit
onooc waetea from the ayitent and avoid
arte acid accumulation. Take GOI,0
MEDAL Haarlem Oil Capaulea periodicall?
and yon will find that the cyitem will be in
perfect working order. Yonr tpiriU will tx
enlivened, your rnuidee made atronc. and
four face have one more the look of youth
and health.
There in only on guaranteed brand of
Haarlem Oil Capsulce, GOLD MEDAL. There
are many fakea on the market. Be sure you :
let the Original GOLD MEDAL Imported j
Haarlem Oil Capaulea. They are the only
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I Laugh nS-
-7 I
