THE OMAHA SUNDAY BEE: MARCH 3, ,1918.
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Nebraska
HIGH COURT FIXES
DAMAGE LIMIT IN
GRAIN CONTRACT
Nebraska Supreme Tribunal
Decides Case in Which Balti
' more Firm Brought Suit
Against Updikes.
(From a Staff Cormpendent.)
Lincoln, March 2. (Special.) The
supreme court has reversed a judg
ment for $14,014.16 obtained by John
T. Fahey et al. of Baltimore against
the Updike Elevator company of
Omaha in the Douglas county district
court for failure to carry out an al
leged contract to deliver 100,000 bush
els of wheat to them, shipment to be
made in August, 1914.
The elevator company admitted the
contracts alleged, but claimed that the
Baltimore firm furnished no facilities
sufficient to handle ti and that the car
riers refused cars.
The higher court holds that "a buy
er ofof to be shipped in the future
may refuse to recognize the seller's
cancellation of the unperformed con
tract of sale, may wait until the
agreed shipping period has expired
and may then purchase on the open
market the number of bushels which
the seller agreed to, but did not ship,
and the measure of damages in such
case is the difference between the
contract price and the maiket price
paid at the stipulated time and place
of delivery."
The lower court instructed the jury
that the measure of recovery, is he
.difference between the contract price
and the market price within a rea
sonable time after defendant had no
tified plaintiff that it could not com
ply with the contracts and measured
on this rule the jury allowed plain
tiffs only a part of the claim, which
the high court holds is sufficient error
to remand the case back for trial.
Fine Point in Liquor Case
Up to the Supreme Court
(From a BUff Correipondent)
Lincoln, March 2. (Special.)
Paul Pavicick has appealed to the su
preme court from a judgment of the
Douglas county district court which
assessed a fine of $100 and costs for
having unlawful possession of intoxi
cating liquor in a building not used
exclusively as a private dwelling
house.' '
The accused claims that he did not
place the .whisky in the building,
which was used as a soft drink par
lor. .- k
A second, case covering he same
point is appealed by Elias Genho of
Omaha, who was fined $100 and costs.
Prosecute Farmer Who
Permitted Wheat to Ruin
Lincoln, Neb., March 2. Louis
Fellwock,, wealthy farmer of Beatrice,
Neb., recently brought before the Ne
braska State Council of Defense to
explain why, as is said, he allowed
6,000 bushels of wheat to go to ruin
.on one of bis farms in Lancaster
county, this state, will be prosecuted
under federal law, according to a
statement made here today by United
States Disfict Attorney T. S. Allen.
' Action would oe started in the case
probably next week, Mr. Allen said.
Decision to prosecute, Mr. Allen
said, was reached following a meet
ing with the fctate defense council.
Johnson County Farm Hand
" , Admits Forging Checks
Teoimseh, Neb., March 2. Ed C
White a farm hand, aged 32, asked to
be taken before Judge J. B, Raper, of
the Johnson county district court, that
he might plead guilty to the charge
of forgery. He was arrested last
week charged with issuing a check
for $7.50 1 caring the forged name of
If. R. Eggers, farmer and White's
former employer. He is also charged
-with issuing checks without funds to
meet them.
, He stated he had been sent to the
penitentiary from Douglas county on
a forgery charge.
Smith Head died at his home, here
last, evening of apoplexy. He was
sick but a few hours. The funeral
will be held , Saturday afternoon at
2 o'clock, conducted by Rev. Vincent
R. Beebeiof the M. E. church, and
the interment, will be held in the
Tecusmsch, cemetery. . f '
Minden Business Men Hold
v k Get Together Meeting
.Minden Neb., March 2. (Special.)
A get-together meeting was held at
the Minden Ad club Tuesday evening,
with atSO of the business men present
John M. Markussen, president of the
club. Rave a short history of the
organization. County Judge L. W.
Hague, Rev. 1. C Kankin, and Mate
Fire Commissioner W. S. Ridgell
made talks.
Last Tuesday evening the copho
more domestic science girls.' of the
Minden high school, entertained the
members of the school board, their
wives, and the faculty of the school at
dinner at the high school building.
After dinner the guests were inform
ally entertained by various games.
Wolbach Market Saving
Hams and Bacon for Soldiers
Wolbach. Neb. March 2... (Special)
Toe Steoanoski, proprietor of a
meat market, returned to a packing
company 4 shipment of hams and
bacon. He explained that, during the
period of the war, he would dis
continue the sale of pork - products
that could be shipped to toe soldiers.
"The soldiers need the hams and
bacon, and the people here can get
along without tiii after the war," he
laid. ' , .' - -
Dr. McCracken Is Appointed
v On State Osteopath Board
' - ' (From ft Staff CorrMponflent)
Lincoln, March 2. (Spenal.) Dr.
t-, E. McCracken of Beatrice has been
appointed a member of the State
Board of Osteopaths to tak the place
pf Dr. G 8. Atzen of Omaha, whose
term' has expired. -
Dr. J. J. Young of Fremont has
been made secretary of the board, a
SAID TO HAVE COME HEBE
ON U-53, HELD A? SPY
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WAXTER SPOBRMANN
Walter Spoermann, arrested at the
aviation school near Norfolk, Va., for
an alleged attempt to explode a pow
der storehouse, has been hurried to
Baltimore, where he is held as an al
leged spy. An unverified report is
that spoermann is an othcer in the
German navy and came here on the
U-53 when that vessel entered an At
lantic port about a year ago.
Plan Big Reception for
Last Draft Contingent
West Toint, Neb., March 2. (Spec-
al.) The last contingent of drafted
men from Cuming county, of the
first draft, will leave West Point for
Camp Funston on Tuesday, March 5.
A big reception is planned for the
boys, at the Auditorium, where they
will be entertained by the city and
county.
Charles Juracek and Miss Anna
Sila were marrid on Friday at the
Grace Lutheran parsonage, Rev. L.
J. Powell, pastor,, performing cere
mony. Mr. Juracek is a corporal,
now home on sick leave from Camp
Funston.
The first Red Cross auction sale
ever held in this city took place at
the Auditorium on Tuesday. The pro
ceeds .vere over $3,500. ' Donations
consisted of almost every kind of
merchandise, animals an produce and
all fetched fancy prices-
Marriage licenses have been gran
ted during the week to the following:
John Canarsky of Bancroft, and Miss
Blanche Jones, of Carlinville, III.;
Ray E. R. Lineman and Miss Adeline
Pagels of Bcemer: Edward D. Baas
and Miss Alta E. Spencer of Beemer:
Victor waiter of Knox, county, and
Miss Agatlu Svetc, and to Herman
Heinemann and Miss Minnie Wiese,
of this county.
The local lodge of the Ancient
Order of United Workmen installed
their newly elected officers for the
year, on Thursday evening, as follows:
Fast Master- Workman, Ludwig
Zeplin; Master Workman, Eugene W.
Krause; Foreman, Ralph Spencer;
Overseer, John F. Benne; Recorder
and financier E. F. Krause: treasurer,
Paul A. Herman; Guide, Allen Wetzel;
trustees, K. B. Dill and J. O. Beeson.
Staplehurst School Children
o Front fTor Thrift Stamps
Staplehurst, Neb., March 2. (Spec
ial.) The Staplehurst schools came
out with 100 per cent record in War
Savings and Thrift campaign held
here this week. Every child in
Staplehurst bought at least on thrift
stamp. A program was held Wednes
day evening at which patriotic songs
were sung and Professor Reynolds
and Postmaster Peter H. Weigardt
made short talks on how the young
people could help the war. Mrs.
Simms and Miss McGowen, teachers,
took up subscriptions which amoun
ted to $375.
Oh! the Charm
of Deauty
Let Stuart's Calcium Wafers Restore
the Color to Your Cheeks and
Remove the Cause of Pimples, ;,
Blackheads, Etc.
Everv one envies it beautiful skin.
just as every one envies a healthy
person. Unsightly faces filled with
pimples, discolorations, blackheads,
etc., are nothing but unneaitny laces
due to blood impurities. Cleanse the
blood and the facial blemishes dis
appear.
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"Life to Me Now i a Beauteous
Thing, for I Have Made All Skin
Troubles- Thing of the Past."
You must not believe that drugs
and salves will stop facial blemishes.
The cause is impure blood filled with
all manner of refuse matter.
Stuart's Calcium Wafers cleanse
and clear the blood, driving out all
poisons and impurities. And you'll
never have a good complexion until
the blood is clean.
No matter how bad your complex
ion is, Stuart's Calcium Wafers will
work wonders with it You can get
these little wonder-workers at your
druggist's for 60 cents a package.
DODGE COUNTY BOYS
TO LEAYEFOR ARMY
Sixteen Young Men Who Form
County's Quota Will Report
Tuesday for Trip to
Camp Funston.
Fremont, Neb., March 2. (Special
Telegram.) Sixteen young men who
form Dodge county's quota of the last
IS per cent draft contingent have been
notified to report at Fremont Tues
day afternoon. They will leave
Wednesday afternoon over the Union
Pacific for Fort Riley. The county's
quota was 27, but inductions into va
rious branches of the service of 11
reduced it to 16.
Promotion for Abbott.
JoKn Abbott, a former well known
Fremont boy for the last few years
stationed at a fort near New York,
has been transfered to Fort Riley,
where he has been made lieutenant
colonel. A party of Fremonters who are so
journing in' Long Beach, headed by
W. E. Smails, visited the foft and
called on Lieutenant-Colonel Abbott
recently.
Birds Fly Early.
The flight of ducks and geese this
spring is the heaviest in years, but
so far no violations of the state ;aw
prohibiting spring shooting have been
reported. County Attorney J. C
Cook says the law will be enforced
and that violators will be prosecuted.
Judgment for Damages
Against Beck Sustained
(From a Staff Correspondent.)
Lincoln, March 2. (Special.) The
supreme court commission affirms a
judgement obtained by Thomas Tea
gue against George E. Beck for $2,000
for injuries received through falling
into a coal hole situated in the rear
of the Heck premises in South Omaha.
While working on the adjoining
premises Teague while throwing a
board out of the driveway stepped on
the wooden cover to the hole which
broke. .
The commission holds that while
the coal hoi. was on other- premises
than that where Teague was working
the hole should have been safely
covered.
Ferd Schupp Signs Giant
Contract; McGraw Does It
Louisville, Ky., March 2. Ferdi
nand Schupp of Louisville will again
be a member of the New York Na
tional pitching staff, according to an
nouncement here today. Schupp re
cently announced that he had re
turned his 1918 contract to Manager
McGraw with a demand for an ad
vance in salary. McGraw came to
Louisville and conferred with Schupp,
who, it is said, unofficially, will re
ceive $10,000 for the season.
Holdrege Comes From Behind.
Minden, Neb,, March 2. (Special.)
Holdrege High school defeated
Minden here last night, 20 to 23. Hunt
starred for the visitors-," making nine
free throws in 1' chances, and making
one field goal. Holdrege led in the
first half. 10 to 11.
Free Trial Coupon
F. A. Stuart Co., 607 Stuart Bldg.,
Marshall, Mich. Send me at once,
by return mail, a free trial pack,
age of Stuart's Calcium Wafers.
Name . . i .............. i .... .
Street . .'. . ... . . .........
City.... ...... State
Little
Insurance.
Talks
By Henry. H. Lovell,
Insufor
On Burglary and. Theft
' Insurance
TTnlaa aii attention n PStie-
n.'aiitr odUo tn them, we are ant
not to know of many little char
acteristics of life; the life of the
criminal world as well as of any
Other. The record of claims in the
line of burglary insurance points
clearly to some interesting traits
of the class of artistic criminals
who follow that calling. Did you
think our losses were from tne oc
casional petty sneak thief? No,
our protection is against the sys
tematic operations of those real
geniuses we so often feel would
have risen high in honorable call-
The safe burglar is a believer in
system and preparedness. We find
he has his "prospect" surveyed,
.. in thA nhvsical ar-
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rangement, but the most advan
tageous hour oi attacic as w khi.
danger of interruption and a
larger amount of money on hand.
it. knnivi witifin th nav roll is In
the commercial safe and when the
bank has shipped in a large sum
or has a large accumulation to
be shipped out.
The house burglar is also a
specialist He studies his field, he
knows when and where he can
fco.t TvinlrA a haul of the kind of
valuables he can dispose of best
The danger or detection 10 me
thief is more in the disposal of
swag than in securing it, and so
the "fence" through whom each
works controls the kind of loot
each individual crook goes after.
Various jobs in a given locality
bear the earmarks of one opera
tor and indicate what his "fence"
can best dispose of. Some work
only diamonds; some only silver;
some jewelry, and others cut glass
or even take just the settings of
jewelry, while others go after
gold, and even some just valuable
paintings or relics.
The loss record shows so clear
ly a seasonal occupation and the
indications of "class" in the work
so plainly that we have come to
picture these clever light fingered
gentry as living in ease at the
health and society resorts in win
ter from their fall work, and in
summer from their spring hauls.
The spring loss reports are
about due. Messrs. Raffles need
the sea-side money. Let us explain
to you the various protection we
can give on safes, stocks, house
hold nd personal effects and the
ease of mind you may have, be the
absence from your property a
night or for months, as well as
against hold-up or sneak thieving.
Henry H. Lovell
Insuror
Doug. 5101 102-103 B Bids.
Charley Peters Leaves
For Cedar Rapids Today
Charley Peters, the Papillion car
penter, and his manager, Jack Lewis,
leave at noon today for Cedar Rapids,
la., where Monday night Peters en
gages in a grappling contest with Dr.
Peter Visser of Davenport.
Dr. Visser is said to be another Doc
Roller. Pie is a practicing physician
at Davenport and a real wrestler.
The match will be the first of a
scries Jack Lewis has lined up for
Peters as part of a campaign to get
a bout with Earl Caddock.
Jack Reynolds, formerly cf Omaha,
now of Cedar Rapids, is promoting
the match Monday night.
Station Agent Patriotic.
Fremont, Neb., March 2. (Spec
ial.) -In the Union Pacific station,
J. W. 8eiver, agent, has written a
bulletin on the blackboard headed
"Special" as follows:
"Before you spend your monej for
pleasure or travel, purchase a 25c
Thrift Stamp on sale at south ticket
window. You will not miss 25 cents
of 50 cents and it means much to
your country."
National Council of Defense
Will Aid in Obtaining Cars
(Worn a Staff Correspondent.)
Lincoln, March 2. (Special.) In
response to the telegram sent yester
day to Vice Chairman Coupland of
the state councii of defense calling
attention to the acute condition on
car shortage, the vice chairman today
received a message from W. S. Gif
ford of the national council of de
fense stating that all possible steps
will be taken to remedy the situation,
Special Sleuths Are After
Violators of Liquor Law
(From a Staff Correspondent.)
Lincoln, March 2. (Special.) The
governor's special sleuth got busy this
week and arrested another bunch of
violators of the liquor laws. Ignatz
Knothe of St. Paul was fined $100 and
costs for having in his possession
wine and other liquors.
Anton Novak of Farwell was dis
covered with six cases of wine and
one-half barrel of beer in his pos
session and was bound over to the
district court in the sum of $500.
Allen Retires.
Frank Allen, the left-handed pitch
er of the Boston Braves, has retired
from the game in order to give his
entire attention to his Alabama plan
tation,
fTherfch buttermilk strength- .-Oj
- -a s nm naianew a a, u
grains start sod keep chidti
Srowfaur- Bwldi ttrx.
chicks that grvm to tiesty term.
Get ins wriginai
CONKZY'S POULTRY TONIC
- - lavtntf. Me aad M.. '
STEWART SEED I CO.." Il'arth
NEBRASKA rrEl CO.. ICIS Hewtrf
Ct. '
ct.
You can secure a maid, stenogra
pher or bookkeeper by using a Bee
Want Ad.
MODISH
A Large and Most Comprehensive Assemblage of
MAGNIFICENT
DEPENDABLE
Cane and Overstuffed Furniture
for Your Living Room
The Queen Anne Suite (
Illustrated
to Left.
) I
A Handsome Cane Suite
Upholstered !n soft mulberry velour with a rich gold stripe. The
frame is of solid mahogany and fashioned in the style of Queen Anne.
Each piece in the suite is designed to afford real fireside comfort, the
deep, loose cushions and dependable spring construction insure this.
Being of medium size it is suitable for the average residence. (To b(
seen on our floors this week.)
Davenport, with outside of back covered ..$153.00
Arm Chair $ 75.00
Arm Kocker $ 76.00
the Many, Many Others
Include suites upholstered In fine verdure tapestries, rich damasks and
velours, in all those desirable shades of mulberry, golden brown, blue
and Burgundy so much in demand. All the popular period styles arc
in-evidence, while the frames come in mahogany and walnut
v
Tou will be really surprised when yon see this Furniture and compare
the fine quality with the conservative prices.
Chairs and Kockers from, each. .$35.00 to $90.00
Davenports from..... $65.00 to $250.00
Illustrated
to Right.
St
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One of many new types Just 'received. The frame is solid mahogany
throughout, beautifully carved by hand and finished antique brown. The
hand carved case work Is finished to match. The loose, down-filled
cushions are upholstered In elegant blue and gold silk damask on one
side and two-tone velour on the other. An outfit well worth seeing.
Cane Davenport, complete with all cushions, $335.00
Arm Chair to match, as illustrated $174.00
Other Cane Davenports
la a very wide variety, upholstered in damasks and velours, at
$106 $107 $112 $120 $140 $145 $183 and up.
Cane Chairs and Rockers to Match
In damasks, from $13.00 to $62.50
In velours, from $36.00 to $50.00 and up
5
The New Rugs J
Beautiful
New neutral tones are in evidence, such as
French gray, Taupe fawn and ivory, as s
well as soft shades of blue, rose and tan. ,
Tle designs approximate many well-known g
Oriental creations honored by time and '
good taste. So closely do these Rugs fol-
low the colorings and sheen or luster of 33
the genuine antique, that many people who ill
can afford an expensive Oriental Rug, for
practical purposes, prefer one of these, be-
causa of their great durability.
To be bought in all sizes from the smallest
mat to the largest room sizes.;. The prices S
of the 9x12 are as follows: 3
9x12 French Wilton Rugs .... .". . $80.00
9x12 Whittall's Genuine Anglo- H
Indian Rugs $75.00 s
9x12 Whittall's Genuine Anglo- j
Persian Rugs ..$89.00 1
9x12 Bundhar Wrilton Rugs $70.00 B
Mahogany
Lamps and Shades
Especially graceful Brown, Mahog
any Standard Floor Lamp! re of
fered at Kit than prevailing prices
and should certainly A AA
be seen Monday JLV.VU
Smart Shades, simple in design
and in many colors to fit the
standards, from S8 to 815
Many new novel and popular
shapes are shown, such as Tudor,
Fifth Avenue and the Fireside Bon
net that fits a Standard somewhat
lower than the regular Floor Stand
ard, and Is suitable for use against
a lounge or easy cnair.
New Lace Nets
A Great Many of These Interesting and
Topnlar Curtain Materials Have Just Arrived
The Filet Neta still lead In popularity, as they
are undoubtedly the most sensible Curtain Nets
ever produced, and besides they are extremely
dainty and shown for the most part in small
figures; their sheerness also lends to their
attractiveness.
We have a very wide range for your selection,
priced at, per yard:
40tf 60 85 $1.00 $1.25
$1.50 and $2.00
The 11.00 and $1.25 Qualities are especially
worthy of note.
Save
T 1
Get a Fireless Cooker Many Odd Patterns
r fit i 1
and h$J
and Be Sure It's a Thematic
There is no '"less meal" that will save aa much
as the Fireless Cooker meal because the saving
is not in fuel alone, but in food and labor as
well. At the same time it is cooking better
meals and In many Instances food can be, pre
pared, placed in the cooker and left for half
a. day, or even more. Just think what this
means to the business woman or war .worker
who wants to leave the home for long hours
at a stretch.
This Thermatic
Outfit complete
for only-
Other outfits at S13.50. S22.50 and up.
in Wood and Metal
Beds
$11.50
At Less Than ;
Prevailing Prices
Really Quite an Opportunity to Purchase
at a Very Sharp Reduction
Golden Oak Bed, $32.00 value $24.00
Old Ivory Bed, $25.50 value $21.00
Mahogany Bed. $36.00 value . . $25.00
Poster Bed, mahogany, $40.00 value, $25.00
Poster Bed, mahogany, $45.00 value, $33.75
Square Tube Brass Bed, $39.50 value, $22.50
Vernls-Martin Steel Bed, $14.00 value 810.50
mite Enamel Steel Bed, $8.50 value $ 5.50
We are Sole Agents for Ostermoor Mattresses
in umaha.
Phone
Tyler
3500 ;
(Bp
Store I
Hours: I
8:30 AJA. 1
to 6 P.M. H
3
lilillllilllllilll
position held by Dr.. Atzen.'
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