THE BEE; OMAHA, MONDAY, JANUARY 7. 191 S.
Nebraska
DEFENSE BOARD
FINDS A SCHOOL
FOR JRELIGION
State Council of Defense Dis
covers Minister Giving This
Kind of Instruction Only
to His Pupils.
Lincoln, Jan. 6. fSnecial.- A n in
teresting discovery was made by the
Nebraska State Council of Defense
in connection with teaching of the
German language in the schools a
short time ago. A school was found
oeing conducted during the months
of November. Decernhpr Tsniiartr 9nH
February, four hours a day and four
aays a week, ot an exclusive religious
character.
No common school books of any
character whatsoever were in use.
Quite naturally, these chilren were
denied the opportunity of attending
the public schools, and $till the min
ister conducting this school proved
to be a man of excellent reputation
and has made a good record in mak
ing his people take an active interest
ni the war, buying Liberty bonds and
contributing to the Red Cross. As a
niattcr of fact he, himself, had been
inmnieritai in selling a great many
bonds and collecting a liberal amount
for the Red Cross.
There was no question about the
mniister's loyalty, and .in his own
mind he did not feel that he was
doing wrong. When the fact was
pointed out to him by the council
that his school was being coducted
in violation of the state law and that
these children should attend the pub
lic school; he very readily conceded
the justice , of the council's position
and voluntarily dismissed the school
druing ths week days and is inteding
to conduct it four hours on each Sat
urday, which will, of .course, in no
way conflict with the regular school
hours.
Beatrice Will Start Drive
To Raise $8,700 for Y.M.C.A.
Beatrice, Neb., Jan. 6. (Special.)
The directors of the Young Men's
Christian association have made up
their budget for the coming year. It
will take $8,700 for the running ex
penses of the association here. It is
planned to start on a drive next Tues
day among the business men and citi
zens to raise this amount. II. M.
Garrett, who succeeded Guy Rathbun
as secretary, expects to have all de
partments in running order within the
next few weeks.
At a meeting of the home guards
at Cortland, it was decided to levy
a fine of $2.50 on each member who
fails to serve at night or furnish a
, substitute. While the company is
made up of young men who donate
their services for the benefit of the
town the officers propose to see that
they give a good account of them
selves. .
The tryout for. the. debating, squad
was. held yesterday at the high school
" and the following were selected: Mary
Van Brunt, Chester Vasey, -Loren
Johnson, Paul Mumford, JTom Smul
lin 'and David Copeland. From this
number a team of four will be chosen
to represent Beatrice the coming year.
Mrs. H. A. Seamark, who has been
manager of the Lincoln telegraph and
telephone at Wymore for the-last few
years, has resigned herposition and
returned to Beatrice. "She is suc
ceeded by Miss Ernestine Blimmel of
Nebraska City.
The annual sales school of the
Dempster Mill Manufacturing , com
pany will be held in this city next
week, and a hundred or more branch
house managers and heads of depart
ments from the branch houses will be
here to attend the school and the an
itual banquet, which is to be held Sat
urday evening, January 12.
The4ocal aerie of Eagles hejd a
largely . attended meeting Thursday
evening and installed officers for the
coming year. Six candidates were
initiated. t Twenty applications for
membership were placed on file. A
smoker was held at the close of the
meeting.
News of Interest
From Table Rock
Table Rock, Neb., Jan. 6,-Ex-Chancellor
.C. A. Fulmer cf Univers
ity Place, formerly of the Wesleyan
university and at one time superin
tendent of the public schools of Paw
nee City, has accepted the appoint
ment of director of vocational educa
tion in the public schools of Nebras
ka. The appointment was made by
State' Superintendent 'W. H. Clem
mons, approved by the state board,
comprising Governor N'eville, State
Treasurer Hall and Superintendent
Clemmons. The 'board has fixed the
salary at $2,500-.
At an early hour Wednesday morn
ing the citizens of Humboldt were
awakened bv the sound of the fire
whistle, and the Jess Dye barber shop
was found to be ablaze. The build
ing was the first store building built
in the town, having been built by the
Nims brothers and used as a general
store a number of years. The stone
walls still stand, being all that is left
of the building. The origin of the
fire has not been ascertained.
Mrs. W. E. Beebe of Pawnee City,
who has been in failing health for the
past two vears, died at her home in
that city Wednesday. Funeral serv
ices were held Thursday afternoon,
and the interment was in the Pawnee
(tpty cemetery.
i The annual meeting of the Pawnee
County Dairy association is to be held
at the court house in Pawnee City
Tuesday afternoon, January 8.
Robert Hic.kman, a soldier boy who
enlisted some time since, whose par
ents live in Table Rock, has arrived
in France, his parents having received
a letter from him bearing the ad
dress, "With the American forces in
. France."
Lincoln Bank Deposits
Increase Two Million
Lincoln, Jan. 6. (Special.) Bank
deposits in Lincoln increased the past
vear $2,015,691; railroad business,
$446,868; wholesa!e business. $7,457,
000; manufacturing. $3,270,000; postal !
receipts, $39,883; bank clearings, $44,-
656.311.
Liberty -loans amounted to So.tts,
)0. war relief measures to 8224,367.04,
800.
and sale of .war. saving, stamps to $48.-.
000, total of 5,?61,167.04.
West Point Lad Succumbs
To Diphtheria; III Few Days
West Foint, Neb., Jan. 6. (Spe
cial.) The death of Albert Walla,
the elder son of Mr. and Mrs. Albert
F. Walla of this citv, occurred Thurs
day night. He had been ill with
severe cold, which developed into an
acute case of diphtheria.
Dates of the terms of district court
for the various counties of the dis
trict have been set by Judges Allen
and Welch as follows: Knox county,
Jan. 28, Sept. 16; Madison county.
eb. 14, Sept. 9; Pierce county. Mar.
4, Sept. 4; Cuming county, Mar. 18,
Oct. 28; Stanton county, April 1, Oct.
21; Wayne, April 23, Oct. 7; Antelope,
Mav 6, Sept. 30.
Charles Juracck, former West
Point business man who volunteered
for the first quota to Camp Funston,
has been at his former home at Ver
digre on a furlough for some days
past, and was stricken with appendi
citis on Monday. He was operated
upon at the Norfolk hospital Tues
day.
Marriage licenses have been issued
during the week as follows: Louis
W. Schlote of Dunning and Miss
Bertha Doran; Ernest F. Bray and
Miss Etta Bassett; Rudolph Hempel
and Miss Helen Milligan.
P. M. Moodie, well-known practic
ing attorney of this city, has been
appointed, government draft agent for
the second draft.
The Scribner Rustler has been sold
by its owner, O. F. Metschke, to R.
R. Roberts of Britt, la., who took
charge of the paper on January 1.
Funeral Services Held
For Sarpy County Soldier
Papillion, Neb., Jan. 6. (Special.)
Funeral services for John Cj Sieh
of Camp Cody, who died at the base
hospital at Deming Sunday, were
held at the First Lutheran church here
yesterday afternoon, Rev. A. W.
biebert omciatme. lhe tuneral was
under the charge of soldiers at Fort
Crook and was conducted with full
military honors. Interment" was in
the Springfield cemetery. This is the
first death among the soldiers trom
Sarpy countv. As a mark of respect
business was suspended during the
services at the church.
The Farmers' Annual Short course
flShed here December 31. Dean E.
A. Burnett of the state agricultural
college was the chief speaker. The
day meetings began Tuesday and
continued throughout the week.
Friday morning a meeti.ig of the
farmers interested in perfecting the
organization of the Sarpy County
Farm bureau was held at the opera
house. George K. Gramlich was
elected president and Will Seibold
secretary. This meeting was ad
dressed by J. S. Coupe, county or
ganizer, it was decided to present
an application before the county com
missioners asking for the necessary
assistance to have a county agent.
Mrs.. Kaneft Wins Suit
For Husband's Insurance
(From 'a Staff Correspondent.)
Lincoln, Jan. 6. (Special.) The
judgment of the Douglas county dis
trict court is sustained in part by the
state supreme court giving Mrs. Mary
b Kaneft the lull amount or an in
surance policy iield by her uhsband,
Ollie J. Kaneft, in the Mutual Benefit,
Health and Accident association of
Omaha for $5,000 and attorney fees
of $500 and $200. The higher court
strikes out the $500 attorney fee, but
sustains the -balance.
Mr. Kaneft accidentally struck his
shin against the running board of an
automobile, causing a slight abrasion
of the skin. While somewhat painful,
he kept at work. A few days later he
developed chills and fever and a phy
sician pronounced it grippe. As the
trouble did not abate another physi
cian was called, who discovered the
true cause to be blood poison, and
Kaneft was sent to a hospital where
he died a few days later. The com
pany refused to pay the amount of
the certificate. The case was taken
to the courts, Mrs. Kaneft winning
in all three trials.
Geneva Homepuard
Subscribes to Oath
Geneva, Jan. 6. (Special.) More
than 100 men subscribed to the oath
of the Home guards last night. The
company is divided into two platoons,
the first is made up of men who will
drill and be ready for service, the
second is composed of elderly men,
many of whom fought for the union
in the civil war.
The officers are: Professor E. L.
Myers, captain; John A. Smith, senior
lieutenant; Irving Fellows, first lieu
tenant; Clyde Propst, second lieu
tenant; Privates Gunther, Darby and
Hitch, executive committee.
Pioneer of Cass County
Dies at Advanced Age
Plattsmouth, Neb., Jan. 6. (Spe
cial.) W. K. Fox of this city died
at his home today. Mr. Fox came
to Plattsmouth in 1871. Two children,
Mrs. T. B. Salmon and W. K. Fox,
jr.; of Portland, Ore., survive. Mr.
Fox was city clerk of Plattsmouth
from 1888 to 1894, and postmaster
during the second term of President
Cleveland; and held county offices.
He was a member of the Royal Ar
canum, Ancient Order of United
Workmen and the Benevolent Protec
tive Order of Elks lodges.
Bank Examiners Meet;
' ' Report Conditions Good
Lincoln, Neb., Jan. 6. (Special.)
The state bank examiners are holding
their January meeting held the first
of each year for the purpose of going
over the banking situation and re
districting routes accoTding to the
best way for covering the state.
The meeting is being held in the
office of Secretary J. J. Tooley of the
board. All report banking conditions
in good shape.
Bank in Nemaha County
Kicks the Hyphen Out
Stella, Jan. 6. (Special.) The German-American
bank at Auburn is to
become the Auburn State bank. Ap
plication has been made to the State
Banking board for authority to
change the name. The stockholders
and officers of the bank think the
change is for the best.
HYMENEAL.
Tighe-Wanemakir.
(From a Btaff Correspondent.)
Lincoln, Jan. 6. (Special.) A
marriage license was issued yesterday
in Lincoln to Leo H. Tighe, age 30.
of. Manley. and Ernestiha A. Wane-
maker, age 19, of Omaha
WOMAN SIGNS AWAY
RIGHT TOBRING SUIT
Supreme Court of Nebraska
Rules Douglas District Court
Erred in Making Its
Decision.
(From it Staff Correspondent)
Lincoln, Jan. 6. (Special.) Accord
ing to an opinion of the state suprrtne
court commission the Douglas county
district court erred when it ruled
against Sophia Rengstorf in a case
brought against George R. Weber for
carrying out an agreement made by
him for the support of a child of
which he was the parent and from
which he appealed.
The commission holds that "the
mother of an illegitimate child may by
fair contract of settlement providing
for the suport of said child, executed
before any complaint is hied m court,
exclude herself from instituting bas
tardy proceedings against the pfttative
father who performs the contract on
his part.
Xhe woman in the case had agreed
to accept from Weber m full for all
claims she might have against him,
S25 in 30 days, $100 on birtl. of the
child and $8 a month for a period of
three years. The agreement was made
before the complaint was filed. At the
trial the jury found Weber guilty of
being the father of the child and the
court ordered him to nay the woman
$100 a year for a period of 15 years..
The commission overrules the district
court on the grounds that the agree
ment made by the parents was legal
and that no contract between the par
ents could exclude the public author
ities from instituting proceedings fbr
the child's support if it should become
a public charge.
Nebraska Sportsman "Says
Muskrat Meat Is Good Food
Mullen, Neb., Jan. 6. (Special.)
Thomas Quinn, rancher and sports
man of Hooker county, and John O'
Brien, rancher of Hyannis proposes to
keep this section of Nebraska abreast
with the advance that is being made
by Scottsbluff with its sugar beets.
Alliance with its potash and Grand
Island with its horse killing industry.
They have just returned from a visit
east and are about to enter upon nil
ing a contract for three tons of musk
rat meat. They are corresponding
with Brown s Chop house and Kolte s
chop house in New York City and
they are bargaining with the Cadillac
hotel of Detroit in the hope that they
can get a larger line of business to in
sure all winter operations on the lakes
in this vicinity. Mr. Quinn said today
he would attempt to Vace a ship
ment with the Henshaw hotel at
Omaha, and Lincoln Jiotel at Lin
coln. For a long time the residents in the
sandhills have known the value of
muskrat meat and prairie dog meat as
an edible product, and Mr. Quinn
said today that he could trap on
Cody, Clawhammer and Brown lakes
at least 6,000 muskrats this winter.
He stated that the Dismal creek
would make it easy for him to pro
vide for prompt shipment at least
three tons of this meat. Mr. Quinn
is well known to Omaha sportsmen,
many of whom have visited his ranch
on duck shooting outings. He says
that the return from the pelts and the
meat of the muskrat will make it a
business far more profitable than the
cattle business.
Numerous Agents Busy in
Home Demonstration Work
(From a Stiff Correspondent.)
Lincoln, Jan. 6. (Special.) The
home economics section of the
Woman's committee is now In charge
of Miss Julia Vance, and she reprts
that the following persons are look
ing after the home demonstration in
Nebraska: '
State Leader Maude Wilson, Uni
versity Farm, Lincoln. Assistant
State Leaders Mary Rokahr, Julia
Vance, Ada Johnson, Esther Ord,
Mabel Sterne, University Farm, Lin
coln. Home Demonstration Agents
Margaret Sherwin, Chadron; Jennette
Johnson, Bridgeport; Mabel Webber,
Holdrege; Ethel Richert, Hastings;
Anna Steckelberg, Beatrice; Matie
Hall, Omaha (court house); Gladys
Lewis, Central City; Florence Dunn,
Fremont; Alma Blandin, Wayne;
Mrs. A. G. Warner (city), city hall,
Lincoln; Miss Esther Warner (coun
ty), Seward; Louise Meredith, Battle
Creek.
Shorthorn Breeders
Form an Association
McCook, Neb., Jan. 6. (Special.)
An association was formed unde the
title of the Shorthorn Breeders' asso
ciation of Red Willow county. It is
proposed to have other counties; in
this section of the state co-operate
with this association in the interest
of the Shorthorn breed of cattle.
The president of the association is
William Meyers, county commission
er of Red Willow county; the vie
president is Gerald Wilcox, a lead
ing farmer and stockman near Mc
Cook; C. W. Kelley, a prominent
young farmer in this neighborhood,
is secretary-treasurer; H. J. nders
of this city, vice president for Chase
county. A sale of Shorthorn cattle
will be staged at McCook at some
date in April next.
Judge Cosgrave Ordered
To Report to Camp Logan
(From a Staff Correspondent.)
Lincoln, Jan. 6. (Special.) Dis
trict Judge P. James Cosgrave of
Lincoln will leave Monday morning
for Camp Logan near Houston, Tex.,
following orders received today from
the War department, where he is or
dered to assume the office of judge
advocate of the fifth division.
He will hand in his resignation as
district judge to the governor before
leaving in the morning, and It is prob
able that Representative Flansburg,
who has already received the Lancas
ter bar endorsement for the vacancy,
will be appointed district judge.
Put Out fire With Buckets.
Bladen, Neb., Jan. 6. (Specials
Fire in the residence of Robert Perry
was discovered late Friday night and
a hurry call made to the fire depart
ment. Buckets of water extinguished
the conflagration and the hose was
little used.
You can secure a maid, stcnogra
pher or bookkeeper bv using a IJee
' Vain Ad
86 Below in Yukon
During December
Dawson, Y. T., Jan. 6. Decem
ber, 1917, was the coldest month in
the history of the Yukon territory,
according to official records made
public yesterday. The daily average
temperature here was 51 degrees
below ero. At Pelly, a Yukon
river point between here and
Whitehorse, the thermometer at
one time during the month dropped
to 86 below. The new year brought
milder weather.
More than 20 Dawson residents
died of pneumonia and whooping
cough during the cold spell. The
funerals are being held now, as the
cold prevented interment last
month. During the epidemic Eagle
City, Alaska, placed a quarantine
against Dawson.
Encouraging Reports Corns
. From Woman's Committee
Lincoln, Neb., Jan. 6. (Special Tel
egram.) Reports, which Miss
Hrbkova, chairman of the woman's
committee, has received from out over
the state with regard to the member
ship campaign for the woman's com
mittee, are encouraging.
It is recognized that the woman's
committee, during its six months' ex
istence, has co-ordinated and linked
up the patriotic activities of the, wo
men of the state in a most capable
manner.
Food conservation and home econ
omics departments are working di
rectly in conjunction with the wo
man's committee. Good returns are
reported by the Americanization com
mittee, which has siiccecde in ac
complishing the naturalization of
many hundreds of foreign born
women.
The chairman of the nursing com
mittee is receiving encouraging re
ports from the women who wish to
devote themselves to the highest
form of patriotic service, and tinds
that many women will enter on a
three-year training course for nurses,
in order to be of service to our coun
try in the foreign field.
The food production department
will have complete charge of all gar
den clubs in the state affiliating with
the state farm vyork in that respect.
The women in charge of the edu
cational propaganda in each county
of the state have aided Prof. Hbrkova
in investigating the situation in the
German Lutheran schools. The coun
ty councils are enthusiastic in their
support of the stand of the state coun
cil-in eliminating foreign language
teaching below the high school.
Raise Funds at Cordova.
Cordova, Neb., Jan. 6. (Special
Telegram.) A meeting of the Mod
ern Woodmen and citizens generally
here this afternoon held to raise
funds for the ladies' hospital sunolv
service, resulted in the sum of JjoOJ.
Food Prices Are Lower
Here Than Elsewhere
The average prices of 13 food
commodities throughout the United
States have decreased, according to
information received by Gurdon X$.
Wattles, federal food administrator
for Nebraska.
Thesis commodit-iea arc! wheat flnttr.
Wheat bread, oatmeal, . potatoes,
prunes, canned tomatoes, canned Veas,
canned corn; fish, sugar, coffee, pork
chops and cheese.
Prices . have increased ' slightly on
the following commodities: rice,
onions, bananas, bacon, hams, lard,
milk, butter and eggs.
Nebraska and Omaha, however.
show lower prices in most instances
than the general cost throughout the
country, and Omaha, through the
prices fixed by the local committee,
is considerably under both the United
States and state figures. Here are
the comparative prices:
U.S. Nebraska Omaha
Wheat flour, 24-lb.
sack $1.61 ll.BS $1.00
Wheat bread, 16-oa.
loaf
.ion
.09S
.066
.367
.171
.2
.334
.492
.362
.478
.433
.09
.06
.06 '4
.11
.46
.175
OS
.33
.62
.35
.48
.36
Comment, per lb 07
Oatmeal, per lb
.08
.113
.13.1
.186
Rice, per lb
Potatoes, peck
Navy beans, per lb.
Sugar, per lb 088
Lard 32)
Butter, per lb......... .622
Oleomargarine, per lb. ,364
Eggs, per doz 649
Mams, per lb 411
Omaha's quotations are for best grades.
Omaha Labor Leaders
Prepare War Savings Drive
Labor leaders of Omaha will co
operate in . the war savings stamp
drive beginning January 14, by form
ing a special committee to explain
and assist m the campaign among th
members of local unions.
President T. P. Reynolds of the
Omaha Central Labor union has in
vited the presidents of 60 local unions
to an organization dinner tendered
by Ward M. Burgess, federal director
of the thrift stamp campaign, at
which they will be asked to co-operate
in the movement, as they did in
the Red Cross drive. The local unions
had a 100 per cent record in Red
Cross subscriptions and will undoubt
edly get behind the thrift campaign
in the same spirit.
lhe dinner is scheduled for Mon
day, January 7, at 6:30 at the Com
mercial club, when the war savings
movement will be explained and plans
for the campaign discussed. Each
president will then be in a position
to explain the proposition to the
members of his union and line up
their support in the campaign.
Mrs. Kaneft Entertains
At Military Dinner Party
Mrs. O. J. Kaneft entertained Fri
day ,evening at her home in honor of
her nephew, Corporal Ed H. Rasch
from Camp Dodge. The house was
decorated in the national colors and
covers were laid for: Mrs. S. J.
Ackerly and daughter, Mrs. J. Nixon
of St. Joseph, Mo.; Misses Venus
Parker, Cleona Steinhoefel, Ruby
Pierce, Marguerite Muerry, Corporal
Ed H. Rasch. Private Frank Kolinski,
Camp Dodge; Chief Yeoman Stoner,
S. Jackson and J. K. Layre, Philadel
phia. Non-Partisan League
Meeting at
Elkhorn, Nebraska.
Tuesday, January 8th 2 P. M.
Sharp,
Samuel R. MaxweU will explain to th
Farmers of Douglas County the pro
gram, methods and enormous growth of
this wonderful Farmers' Organization
that is sweeping the West from Canada
to Mexico. Be sure to attend and
bring your neighbors.
NEBRASKA SUPREME
CODRTDEGISMS
Opinions and Rulings Handed
Down in Various Cases
Heard by State High
Tribunal.
The following are rulings on mis
cellaneous motions and stipulations
i in the supreme court of the state of
j Nebraska, December 15. 1?17:
I 1017 Moran against Catlott. Appeal
I Terklns. Affirmed. Humor, .1. Hose, J . con-
furs In afftrmanen. IVun and 8dttlrk,
I J. J., dissenting.
1. An affidavit for constructive service
upon unknown heirs, under section 83 of
i the Code. ltv. St 1J13. must 1 made by
the plaintiff himself, if an Individual, itmi
not by his attorney, and must be verified
positively. Morau nguliiNt catlett, 93 Neb.
168.
S. A recital In the Judgment rendered In
an action to foreclose a tax lien brought
against a nonresident that the court finds
due and legal notice of the filing and pen
dency of the action was given to the defen
dants. wUl not supply the luck of (acts
necessary to confer Jurisdiction. Puval
against Johnson. !4eh, 60S; MeKenna
against l'teasant, 3 ti Neh. (SI.
S. An alleged presumption In favor of
the regularity of the proceedings of the
court cannot be mndo to contradict the
record Itself.
4. A decision oi this court on a former
appeal of a question presented by the rec
ord becomes thn law of the case, and such
question will not ordinarily be r. -examined
on a subsequent appeal Mead against
Tschuch, 67 Neb. Bid.
19fl6 Hank of Cortland n gainst ifnxey.
Appeal, laniaster. Heversed and remanded.
Sedgwick, J. Huso and Cornish, J. J., not
sitting.
The trial court - should not direct the
verdict of tho Jury unless the. evidence Is
so clear upon every point upon which the
verdict must depend, that reasonable minds
could not come to any other conclusion.
19614 Kule against Clasr Trnnsfer and
Storage Company. Appeal, Douglas. Affirm,
ed. Letton, J. Sedgwick, J. dissenting sep
arately. 1. As a general rule whether a child 11
years of ago Is of sufficient knowledge, dis
cretion and appreciation of danger so that
It may be held guilty . of contributory
negligence Is a question for tht Jury to
determine.
2. Kvldence sot forth In the opinion ex.
amlned and held to Justify the submission
to tho Jury of the question as to tha negli
gence of defendsnt'i employes.
3. Tho mero fact that a motor truck Is
driven by defendant's employe at a greater
speed than, that prescribed by statute, or
that the plaintiff In turning Into another
street to the left did not turn around the
center of the Interesection of tha two streets,
does not establish either negligence or con
tributory negligence s a matter of law,
but the violation ot tho statute and of the
ordinance may he conaldored by the Jury
as evidenco of negligence.
19644 Ambler against Jones. Appeal,
Csss. Reversed. Hamcr, .T. Let ton, J con.
curs In conclusiou. Sedgwick, J., not sit
ting. 1. A contract In writing by the husband
to convey tho homestead occupied by himself
and wife may not be enforced against the
homestead.
2. Under such contract there Is no author
ity upon the part of one holding a deed for
tha premises "in escrow" to deliver the same
to the purchaser. 1
3. If the signing of tho deed has been
procured by the husband through the coer
cion of his wife and the same Is known to
the purchaser, the faets pertaining to the
execution of the deed may bo inquired Into
regardless of the certificate of acknowledg
ment made by the notary publln.
4. The husband cannot coorca his wife so
as to tako from her the homestead whlcn
she Is unwilling to abandon or exchange.
5. Where tho husband and wifa occupied
a homestead In Nebraska and the wife was
unwilling that the homestead should be ex
changed for land In Colorado which her hus
band had agreed Ut wrlttag lo tnke in lieu
ot the homestnad, but she wished to continue
to occupy the same, and tha husband under
took to coerce her so that alio would sign
the deed with him and consent to Us de
livery to tho Colorado parties, and he suc
ceeded Insofar as to obtain her slgns
turo to the ded. nnd the notary who certi
fied to the acknowledgement on the deed
saw her sign tho Instrument, but failed to
inquire of her whether the execution of the
same was her voluntary act and deed, but
assumed that she willingly executed the In.
strument because he saw hor sign It, the
determination ot an action to compel sped,
flc performance of the contract made by
the husband and for delivery of the deed
then In the hands of one holding It In
escrow, wltl be determined on the evidence
without regard to the certificate of the no
tary If the plaintiffs have knowledge of
tho coercion of the wife by tho husband.
19658 Lord against Roberts. Appeal,
Otoe. Affirmed, Uamer, J. Sedgwick, J
not sitting,
1. In an action tp recover damages al
leged to have been sustained because of an
automobile accident It Is not reversible error
for tho- court to lnstruot the Jury by quot
ing so much of tha statute aa relates to the
evidence.
2. A Judgment of the district court should
not be reversed because of the failure of
that court to embody all of tha disputed
questions of law In a single Instruction. It
Is sufficient If the Instructions considered
He's GOT
THE blast of the blizzard, the fury of the gale, the
raging storm, all sorts and conditions of danger
ous exposure are bravely faced by. the fireman,
policeman, and all other outdoor workers. ' .
The after-effects aches,
pains, rheumatic twinges, tired
strained muscles, stiff neck,
lumbago are quickly and
mercifully relieved by Sloan's,
the most popular, most effect
ive Liniment.
No rubbing required
applied, it penetrates, bringing
Generous sized
ay"
r? o
iiiu o m no (8 . n 1 1
together fairly and properly submit all dis
puted questions to ths Jury. ;
1. It la the duty of the court In a per
sonal Injury case where contributory
negligence Is pleaded to Instruct the Jury
In such a manner as to eliminate that ques
tion where there Is no evidence to sustain
such a plea.
4. Kvldence examined and held sufficient
to sustain the Judgment and that the same
is not excessive.
19S90 Dunn against Plxon county. Ap
peal, Dixon. Affirmed. Morrlsscy. C. J.
Letton and Sedgwick, J J., not sitting.
t. Duties which are purely mlntstorlal
and not Involving tho exercise of discretion
may he delegated tu an Agent by a hoard
of county commissioners,
2. Where a party has rendered services
to a county In the prosecutton of a felony.
utnliT an agreement entered Into with the
county attorney, acting as the agent of the
county board, the authority of the county
attorney to make, the agreement, and tho
agreement made, may bu proved orally al
though not entered upon the minutes of the
county board.
1970t Macfarland against Callahan. Ap
peal. Douglas. Affirmed. Cornish, J.
1. An oral contract for services, the con
sideration to be paid when tho - promisor
shall receive his Anticipated share out of
tho estate of hla father, not yet deceased,
construed as Intended merely to fix the time
of payment, and not within the statute of
frauds relating to contracts creating au
Interest In land.
2. Nor Is such contract nn attempt by
an heir to contract with reference to an
estate not In esse.
3. Nor Is action upon such contract barred
by tho statute of limitations wheu com
menced within four years from the time
tho fnlher died,
4. Tho fact that part of the services ren
dered as au attorney for ah amount agreed
Lupon consisted In defending the promisor on
a charge of perjury, alleged to have been
committed In the trial of the main action
for which the services were employed, will
not render tho agreement void as agslnst
publln policy such defense not belug pleaded,
and there being no evidence that either of
the partlos, at the time the contract was
enternd Into, contemplated that perjury
would bo committed or charged.
19":; Mohlnr against Board of Regents.
Appeal. Lancaster. Affirmed. Letton J. Corn
ish and sedgvlek. .11., rot sitting.
The prnvialot s of sections 7118 and 7120,
Rev. St. 1913, relating to condemnation pro
ceedings for tho purpose of extending tl.
campus of the Slate University, construed
and held that the provisions thereof are
declarntory nnd the measure of damages
heretofore li pulled t In this slate pre
vails and thai loss of time ami the cost
of removal are not elements of damage.
2. There being a substantial conflict In
the testimony with respect to the value of
the property, tho verdict of the jury will
not be disturbed.
5. A Judgment will not be reversed for
error In tha admission of testimony unless
It in apparent that the substantia! Interests
of tha party complaining hava been Injur
iously affected.
19772 Nathan agalnut Nathan. Appeal.
Cuming Reversed In part with directions
to modify. Dean, J. Sedgwick an l' Letton,
J J., not sitting. . .
1. In a divorce action, whera alimony-Is
prayed tor by a wife, all of the Issues that
are properly presented by the pleadings and
supported by the testimony sre to be con
sidered In arriving at the amount of the
award. '
2. Where a decree of divorce and all
.nony Is granted to a wife on grounds other
than adultery, the court is not, warranted In
placing such alimony In the' hands of a
trustee. In the absence of a proper showing
of necessity therefor. In such case section
1581, Rev. St. 1913, does not apply.
3. In awarding tho custody .of a minor,
child tho court will look to the beat Interests
of the child. .
4. The record examined and held, the de
gree of the trial court must be suntalned
In part and modified In part. '
19787 South Side Irrigation Company
against Kroohs. Appeal, Dawson. Affirmed.
CornlBh, .f. smigwltif, J., not sitting,
1. Lnder the written contract granting a
water right, described In the opinion, the
defendant did not . promise to pay a main
tenance fee to th Irrigation company be
fore using the water,' and' is not liable to
the company on tht contract for mainte
nance fees before he commences taking the
water provided for. . ...
2. Whether sucK contract might be held
to be discriminatory and void Is not within
the Issues and not decided.
19790 Kimball agaJnat Tanning. Appeal,
Adams. Reversed and Remanded. Dean. J.
Sedgwick and Letton. J J., not sitting. -
i. It is reversible error for the trial court
to fall to fhstrunt the Jury respecting the
law that Is applicable to the material Issues
that are rsld by tha pleading and that
are supported by the proof.
!. AVhere In an action brought to recover
for professional services, defendant pleaded
a total failure of consideration and; when
Beware Cheap Substitutes
In these days of keen competi
tion it is important that thepublic
should see. that they get Chamr
berlain's Cough-Remedy and not
take substitutes sold for the sake
of extra profit
to Face It !
sure, feel-good, relief and keep
ing men fit and 'fine for con
tinuous duty. Will not stain
the skin. v ' :'f '
For every man or woman
who hasn't used Sloan's Lini
ment there are a thousand
who have. Sold by druggists
everywhere, Your's has it.
bottles - 25c, 50c, $1.00
there was proof that tended to support gueh
plea, and where defendant sought to re
cover a payment i ade to plaintiff by him to
apply on account of such services the court
should In such .casu have instructed tha
Jury that If they fouafl from the testimony
that thero was a total failure of considera
tion that In such event their verdict should .
be In favor of defendant and the amount of
his recovery should be th amount that
he had paid, to plaintiff with Interest.
S. Where defendant made a payment to
plaintiff to apply on account of professional
services, a part of such services having been
performed and a part to be thereafter per
formed. In an action by plaintiff to recover
for such services, It is error for the court
to fell to Instruct the Jury that If they
found for plaintiff they should deduct from
their verdict tho amount so paid by de
fendant. 4, Where a prevailing party to an a
lion is entitled to any Interest it' Is error
ffor the court to fail to instruct the Jury
respecting the rate of Interest that It may
'assess tn Us verdict.
1 19S23 State ex rol Strever arainst Dawson
County Irrigation Company. Appeal, Daw-
! son. Affirmed. Dean. J. Sedgwick, J., not
sitting. "
Section stet. Rev. Rt. 1913, construed and
held: The owner or those in control of
inn li-pltfii tlon ,1lt..h nr eanul that runs
through any lands owned by a person "hav
ing no interest In pld ditch or canal" may
upon refusal, be compelled by a writ of
mandamus to erect a substantial bridge or
bridges across such canal or ditch whenever
such bridge or bridges may be necessary
for the free and convenient use by the owner
of such lands, on both aides of such ditch
or canal.
1924 Dodson against Dawson County
Irrigation Compsny. Appeals Douglas. Af
firmed. Letton, J, Sedgwick, J not sKtlng.
No syllabus.
:0,;d0 Rlalr against Omaha Ice and Cold
Storage Company. Appeal. Douglas. Af
firmed, Letton; J. Sedgwick, J , not sitting.
1. Cnder the Nebraska statute compen
sation can only be made for personal In
juries or for the death ot an employe "by
accident arising out ot and in the coarse)
of employment," and unless a disease la
I races hie to an accident" s defined In
section 3693. Rev. St. 1913. the law does
not award compensation.
!. A disease . arising from the ordinary
Incidents of an occupation and which may
reasonably bo said' to be the result of an
occupation, is expressly excepted by said
section of the act and no recovery can be
bad for disability occasioned thereby.
v . . (
Crops Increased. Last.:
; Year, Save Winter, Wheat
"A review of the estimated crop
production for the year just closed
from reports to the bureau of crop
production show these facts," said
Gurdon V. VattIe9, federal food ad
ministrator for Nebraska. .
"Corn increased 23.1. per cent, with
3,159,494.000 bushels; all wheat 2.3
per-eent, with a. total of 650,828,000
bushels; oats increased 26.8 per cent,
with a- production ; of 1,587,286,000
bushels; the barley increase was 14.6
per cent, with an output of 182,309,000
bushels, while rye went even stronger
for an increase of 23.1 and 60,145,000
bushels. ...
"In the south cotton showed, a
slight loss of 4.4, per cent while rice
decreased 12.2 per cent with a ttal
production of 36,278,000 bushels.
"Sugar beets held their own show
ing, a production of 6,237,000 tons
against 6,228,0001 the previous year. '
"Fruit , crops . fared fairly, well,
peaches showing an increase of 20.2
per cent. Apples showed a decrease
of 14.7 per cent, while the orange crop,
on account of heavy frosts, fell off 47.5
per cent. '
111,1 r -
Stiehm Signs Up for
' Games With" Iowa' Uni
Hloomington, Ind., Jan. , 6. Coach
Ewald O. Stiehm of Indiana univer
sity today announced that he had
closed a two-year foot ball contract
with the University of Iowa, the
game next fall to be played at Iowa
City, November 23. The date of the
1919 game has not been set but it will
be played at Btoomington. V .
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