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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Aug. 3, 1921)
THE BhE: OMAHA, v uUricauAV, AUliUbi' 3, District Judges Usurping Power, Attorney Says Succeeds TePoel Lower Is Latest A.W.O.L. in Ranks Of State Bankers Omahan Dies in Cuba; "Poverty Ridge" Blossoms Into Fertile Center Widow Appeals Suit Asking $50,000 for Her Husband's Death appeal today to the supreme court asking $50,000 for her husband's life, lost in an elevator shaft of the Thompson-Belden building at Six teenth and Howard streets, Omaha. The company and George A. Hoag land, owner of the building, are made defendants in the suit. Kerwin was working for the A. D. T. when he met his death. The Douglas county district court refused to give Mrs. Kerwin a rent. Chickens Stolen. Beatrice. Neb., Aug. 2. (Special.) H. E. ralmer, a farmer living northeast of this city, reports that thieves visited his place the other night and carried away a number oi his fowls. As City Attorney Was to Wed on Return Lincoln, Aug. 2. (Special.) Edith Kerwin, widow of the late Albert Kerwin of Omaha, filed an Isolated Bar Members Have Attorney General Can't Find Invention of New Irrigation So Right to Declare Laws Unconstitutional, Asserts C. L. Dort. Valparaiso Cashier, Once Freed by Technicality, He Would Prosecute.; '!" iliT'iTI"l"t 'l'i.'.'ii.riii!iii''iiiliiiii.i:il::hiiliiiiliiflll ,1 I.: '.t.ill:!liltiiii.i:i:illn 4 Lincoln, Aug. 2. (Special.) C. L. Dort, assistant attorney general, in a petition filed in the Lancaster county district court today, denied the right of district judges to de clare a law unconstitutional or sus pend its operation, as has been done this year by Judge Morning ot tre incnt in the Reed-Norval language law and by Lancaster county judges in the Smith bread bill law and the Fort Crook road appropriation. In advancing his claim that dis trict judges in pursuing such tactics are usurping their authority, Dort produces the following from Ne braska's new constitution: "The supreme court shall consist of seven judges. A majority of the members sitting shall have the au thority to pronounce a decision ex cept in cases involving the consti tutionality of an act of the legisla ture. No legislative act shall be . held unconstitutional except by the concurrence of five judges." Dort contends that if the consti tution makers in their wisdom held that it took five members of the su preme court to' hold a legislative act unconstitutional the spirit of the law docs not contemplate that an iso lated district judge shall have such power. To further strengthen his claim, D6rt quotes another clause from the constitution, which reads: "The judges of the supreme court sitting without division shall hear and determine all cases involving the constitutionality of a statute, and all appeals from convictions for ' homicide." If the court holds in favor of Dort's contention it means an. end to the almost endless litigation al ways started by dissatisfied persons arter a law is passed by the legisla ture in which they wait until the law is nearly operative, then apply for a temporary injunction against its enforcement, hold ceaseless hear ings on its constitutionality and then appeal to the supreme court. . Maybe at the end of one, two or three years the case is finally dis posed of. These tactics have been pursued by the Omaha bakers in their fight against the Smith break law, by en emies of the Fort Crook road appro priation ana enemies ot the Keed Korval language law. If Dort wins, it means a direct appeal to the supreme court and a rapid fire decision by that body. Man Demented by Hunger And Exposure Causes Stir Sisseton. S. D., Aug. 2. (Special.) A man believed to be demented Krcatly air med the residents of a farming district of this (Roberts) county. He was arrested by Sheriff -Baker.' Investigation revealed that the wanderer was from Illinois and did not remember how he came to be in South Dakota. His mental condition was found to be nearly normal, his condition be ing due to hunger and exposure. After being fed and attired in other clothing he presented quite a respect able appearance and now has found employment on a farm. 15 Gage County Delegates Attend Y.W.C.A. Conference Wymore. Neb., Aug. 2. (Special.) Fifteen delegates are representing Gage county Y. W. C. A. at the an nual town and country conference at Lake Geneva, Wis., August 2-12. President Mrs. C. A. Spellman, Sec retary Miss Hazel Butterfield and Vera Anderson, Effie Smith, Louise Cox, Margaret Epp, Belle Watson, Florence Beuhler. Lenore Alexander, Mae Reed, Eulalia Fishback, Kath erine Webb, Grace Liddicott, Peggy Parish and Mrs. J. Franklin Haas are in attendance from Gage county. Dealer Identifies Goods As Those Stolen From Store Watertown, S. D., Aug. 2. (Spe cial.) T. J. Zens, proprietor of a general store at kpiphany, S. D., proved his ownership of the mer chandise found in the Tenncy barn, and held by police officials. Over $500 worth of merchandise was stolen from his store on the night of June 13. . The goods re covered here represented only a por tion of the merchandise. Of the SO pairs of overalls stolen, only 11 were in the loot secured here. Other things were in like proportion. tj j . f i t rv.. At Woman's Home at York Lincoln, , Aug. 2. (Special.) A contract for a $40,000 cottage at the .York home for socially diseased women will be the second signed by the state board of control this year. The home is filled and hundreds f afflicted women could be sent there if there was sufficient room, according to the state health depart ment. Hence, the decision of the "board of control to receive bids for the new cottage on August 25. .Town Will Issue Bonds to Connect With Power Line Bruce,' S.1 D., Aug. 2. (Special.) The -question .-of issuing $12,000 bonds -to connect the city of Bruce 'with a high tension electric power line was approved by voters at a special election by a vote of 53 to 3. As soon as the bonds are sold city officials will enter into a contract With either the power plant of .Brookings or the Dakota Light and Power company of Flandreau to fur nish "24-hour electric service. Auto Accident Fatal. Lincoln," Aug. 2. Special.)--Peter 'Crounsei 63,. died here this afternoon from injuries sustained Sunday when he was struck by an automobile. It is claimed the car was driven by Miss ; Mary E. Brown of Lincoln. Dana Van Dcu'scn has been ap pointed city attorney by Mayor Dahlnian. He succeeds L. J. Te Poel, who has served since the in coming of the present city adminis tration last May. icroels re 'nation was received and accepted yesterday morning by the city council, which approved the appointment of Van Deusen. Van- Deusen. who is but 30 vears old. will receive $3,000 a year. He is a graduate of the University of Ne braska a id the Harvard law school. J. F. Moriarty, assistant city at torney, will become city solicitor at $3,001) a year. Says Grain Body Misinterpreted Gustafson Denies Exorbitant Expenses Can Be Taxed Against Growers Grain. City Has New Librarian. Hastings, Neb., Aug. 2. (Special Telegram.) Miss May Hermle of ' Beatrice began her duties today as librarian here, succeeding Mrs. I. J. Capps, resigned. Chicago, Aug. 2. (Special.) De liberate misconstruction and misin terpretation of the United States Grain Growers, Inc., was the charge made against R. I. Mansfield and the executive committee of the National Grain Dealers' association by Presi dent C. H. Gustafson of the farmers' organization. In a letter forwarded to private grain dealers and other friends of the radical element of the organized grain trade, Mr. Mansfield includes a part of section of 12 of our ele vator contract," President Gustafson said. "It is quite evident from the deductions which Mr. Mansfield draws from this restricted part of the contract, that the omission of the balance of the section was for the purpose of deliberately mislead ing his readers. "Mr. Mansfield says, 'Our legal adviser tells us that under this clause any charge whatever, from exorbitant salaries to huge organiza tion expense, can be taxed against a grower's grain.' "As a matter of fact, this possi bility is specifically guarded against in the same paragraph from which Mr. Mansfield took his quotation. The contract provides that "if the grain is sold on a grain exchange and no other service of a substantial character is rendered by the United States association, the total expendi tures which shall be considered chargeable against said grain shall, in no case, exceed 1 per cent of its value unless the standard charge for similar service ?hall be more than 1 per cent, in which case said total J charges by the United Mates associa tion shall not exceed such standard charge.' "Likewise, on grain not handled through a grain exchange, the deduc tions' for capital expenditures, etc., aside from ordinary operating includ ing overhead expenses, in order to acquire the ownership or control over marketing facilities shall in no case exceed 1 per cent of the value of the grain." . Nebraska Soldier Buried In Arlington Cemetery Washington, Aug. 2. (Special Telegram.) Mrs. Iona Sharp of Loup City, Neb., came to Washing ten yesterday to attend the burial of her son, Edward M. Sharp, in Arlington cemetery. Private Sharp was killed in the Antonne sector. Mrs. Sharp had two other sons in the service, who were en route to France when the news of the sign ing of the armistice brought about their return. New Manager Takes Over North Platte Hospital North riatte, Neb., Aug. 2. (Spe cial Telegram.) Dr. O. R. Piatt, who recently came to this city from Plattsmouth, has taken over the General hospital, which, for a num ber of years, has been under the management, of several physicians. Miss Susan Murchie, a graduate nurse, will be superintendent. Supervisors Elect New Adams County School Head Hastings, Neb., Aug. 2. (Special Telegram.) Mrs. Harry Schultz was elected county superintendent of schools by the supervisors to fill the vacancy caused 'fcy the death of Miss Mary Dungan, under whom she served as assistant. York "Y" Boys Camping. Beatrice, Neb., Aug. 2. (Special.) Thirty-two boys from York, Neb., arrived here yesterday and went into camp'northwest of the city with the "Y" boys for a stay of 10 days. Some made the trip by train while others traveled by auto. Boxing Permits Asked. , Lincoln, Aug. 2. (Special.) New applications for boxing permits to day were the Nebraska City Eagles and the American Legion at Hooeer, Lincoln, Neb., Aug. 2. (Special.) Ray Lower, former cashier of the Valparaiso State bank, is the latest A. W. O. L. in the ranks ot -Nebraska bankers. State officers announced today that efforts to locate Lower, want ed on 20 different counts for wreck ing the bank, had failed. Lower, after he had pleaded guil ty to misappropriating funds from the bank and had been sentenced to the state penitentiary, hired a lawyer who appealed to the supreme rnnrt- nn the technicality that an assistant attorney general instead of the attorney general had filed the information. The supreme court upheld Low er's lawvrr and as a result Lower, who admitted his guilt, was freed. Instantly after the supreme court freed him, Attorney General Clar ence A Davis began searching for the cashier, who, at the time of the supreme court's decision, was out on bond and was reported to be in Colorado. Last week Davis received a tele nhone messatre from Lower's wife that her husband would be in W'a- lino. Davis and Gus Hvers. state sheriff, went immediately to Wa hoo. But no Lower. Since that time officers have failed to locate him. When Lower oleaded cuiltv to one specific count he was not prose cuted on 20 others with which he was charged. Davis intends to prose cute him on certain of the 20 other counts, if he catchts the man. A fnrmal $20,000 anneal bond. signed by a former Saunders county saloon keeper, has not, as yet, been released, and in the event Lower's disappearance proves to be a perma nent affair, the state may be able to collect o-n the bond. East Omahans Sure Their Posterity Will Multiply Rapidly Lincoln, Aug. 2. (Special.) IT. Kettcrer, Twenty-fourth and Goff streets, and G. A. Palmer, Twenty third 'and Carr streets, East Omaha, show great faith in the multiplica tion of posterity in their little town in a letter written by them to the state railway commission. "Our adult population is 2UU, our children number 100 and we are still growing," they" wrote. This line appeared in request to the commission for better service on the part of the Northwestern Bell Telephone company in East Omaha. Another complaint received by the commission came from William Dutton & Sons. Hastings, who, de clared that the Union Pacific shipped freight from Omaha to Sterling, Colo., in three days' less time than from Hastings to Sterling. Application for an elevator at Berea, Neb., on the Burlington, also was received by the commission, Mrs. Ida "Iowa" Smith Asks Custody of Children Mrs. Ida "Iowa" Smith filed an answer and cross-petition in district court yesterday asking a divorce from John Smith and custody of her. three children. The juvenile court, last Saturday, gave custody of Smith's son, Buford, to him and Mrs. Smith thereupon called upon the boy to "beat it" which he did, causing consternation in juvenile court. Smith filed his suit several weeks ago. Mrs. Smith asks the court to grant her alimony and give the de cree of divorce to her, alleging cruelty. Aged Cripple, 94,' Attends Sessions of Chautauqua Geneva, Neb., Aug. 2. (Special.) A seven-day chautauqua closed here Tuesday. During the week of music and lectures, Dr. H. L. Smith, 94, missed few programs, his chief interest being manifested in the ad dresses.' , He was brought to the chautauqua tent in a wheel chair, as he had both legs amputated above the knees a number of years ago. Geneva Camp Fire Girls On Outing Near Milford Geneva, Neb., Aug. 2. (Special.) Girls from the campfire group, Neeche-a of Geneva, are spending a week on the Blue river at Milford and living Indian style at Camp Kiwanis. The girls are: Marian and Helen Peterson, Ruth Chesnut. Ger-. trude Bumgardner, Ethe Jane Deane, Frances Bailey, Louise Koehler and Ruth Williams. Stock and Agricultural Show to be Held at Hastings Hastings, . Neb., Aug. 2. (Special Telegram.) Though it will be im possible to get the new Adams coun ty fair under way this year, the farm bureau voted to hold a live stock and agricultural show, September 21 to 23. The county will send a col lective exhibit to the state fair for the first time in many years. Eighth Grade Girls Win Prizes on Pilgrim Poems Geneva, Neb., Aug- 2. (Special.) Grace A. Lichti, district 53. won first prize, and Marie Eide, oistrict 40, won second on poems on the sub ject of the landing of the Pilgrim fathers. The prizes were offered to eighth graders of this county by the Geneva woman's club. Homecoming Festival Liberty, Neb., Aug. 2. (Special.) Citizens of Liberty have decided to have a home-coming festival Sep tember 1 and 2. W. L. Gore is chair man of the executive committee, con sisting of L. J. Knoll, F. E. Kinney, Charles Knoll, L. S. Burnham. Glen Bowhay, F. L. Ebcrhart. W. C. Huntington and A. . Burgett. Millard Jenkins Millard Jenkins, youthful Omaha engineer, is dead in Cuba, whither he went three months ago to aid in building a plantation railroad. His fiancee, Miss Loretta Larsen, -3858 Chicago street, was grief-strick- cn when she learned of his death by cablegram yesterday. No details were given in the message. Young Jenkins was employed by the Pcterson-Gunther-Shirlcy firm, which was constructing the road. His body will arrive here for burial next week, a cablegram stated. Missing Banker Is Believed in Texas Service Car Driver Says He Saw Man Answering De scription. Chicago, Aug. 2. A telegram from Marfa, Tex., was received by Bank Examiner II. S. Savage today in quiring if there was a reward for the capture of Warren C. Spurgin, miss ing president of the closed Michigan Avenue Trust company. The mes sage contained no other, details, it was turned over to the state's at torney's office which immediately be gan to trace the source of the message. The state's attorney's office today charged there was a plot under way to cover up the financial operations of Spurgin. It was found that the books of .the Warren Oil company, a Spurgin concern, are missing. At the same time it was discovered that Spurgin had ordered an automo bile shipped from Ouray, Colo., where he has mining interests, to Grand Junction, Colo., and this fact is being used in an effort to trace his flight. El Paso, Tex., Aug. 2. Federal officers announced today that they have confirmed a report made by Ross Harp, service car driver, to the effect that he met a man who an swered the description of Warren Spurgin. Chicago banker, at Marfa, Tex., yesterday, and drove him to Presideo. Virginia Democrats Vote To Select State Candidates Richmond, Va., Aug. 2. After a campaign described as one of the most spirited m years, v lrgmia democrats today are voting in a primary to name candidates for state and local tickets. . Boy's Finger Torn Of Fi-ontlin Vph Ancr 2 f.Snprial. A finger was torn from the hand of Vif 7.voar-nM snn nf Ren Tnhiasen of Macon when it was caught in a pump jacK. One Day Only Player Word Rolls $1.00 and $1.25 Values 45 MICKECS 15th and Harney JBowen's by the yard at Bowen's Large assortment to choose from. 20 to 40 Discount System Transforms Barren Acres Near Grand Island Within Three Years. Grand Island, Neb., Aug. 2. (Special.) Until three years ago a strip of land running diagonally across five or six sections three miles northeast of Grand Island was know as "Poverty Ridge." Loam soil covered the sand subsurface to a depth of only about 18 inches, and in some places less. Two attorneys, Kraft and Edgerton of Aurora, bought up 2,740 acres of it at "Pov erty Ridge" prices. About this time, William Kclley, head of a local plumbing company, invented a new well. It is an open affair, made of perforated cement cylinder blocks, reinforced. A pat ented arrangement at the bottom leaves a body of clear water. A pump and electrical power, the lat ter now being furnished by Grand Islands municipal plant at 2 cents a kilowatt, completed the "irrigation plant." Three years ago the population ot this strip was 22 persons. Today the population is 215, of whom seven families are those of experienced irrigationists, brought from the western part of the state. A new school district has been organized for Irrigation ridge. There are today, m addition to the first Kelley well, 15 others of similar type scattered over the 2,740 acres. The beets are expected to yield from 10 to 15 tons an acre. The potato crop, 65 acres, is being har vested and is running 200 bushels an acre. Two hundred acres of wheat yielded from 22 to 31 bushels an acre this without irrigation because of exceptional rains this year for the wheat season. There are 114 acres of beans and 800 in corn, the rest being in pas ture and alfalfa. The promoters did not expect the best results for the first five years, because of neces sary fertilization, but are well satisfied. B..I. -IT- j4:15p Northern Pacific Express - we uncolnOawa I III li I II M I I im,!ii .:.1....,.t.:;lt.i4M;li;::llMiJtl.:;l.l...IKI.i.Ml.tr!:lll:lliul.ul;M:,:.al.l:KilMtnMMallll!lt Observation Car Train Through t Cue 'Seenie Writes! Fined on Liquor Charge Fremont, Neb., Aug. 2. (Special.) Mathew Musiel of Prague, was fined $100 and costs on the charge of possessing liquor. He was found sleeping in a car parked along the curbing with his feet hanging over the side. A bottle partly filled with booze, was alleged to have been found tn his clothes. Yellowstone Park Cody-Gardiner Way Spokane 51 Hours Butte Seattle 39 Hours 674 Hours Tacoma 67 Hours NORTHWEST TOURS DIRECT OR VIA OEflUER City Ticket Office, 1416 Dodge Street. Douglas 1684 A. J. PALMQUIST, Passenger Agent, 1004 Farnam Street. Douglas 3580. (PS) The Standard of the World Not a Penny of Premium in the Price of World's Greatest Motor Car Value - The man who buys the Cadillac becomes the owner of the . most distinguished achievement recorded in its field but he acquires that distinction without paying a penny's worth of premium This is so because, in the matter of price, the Cadillac actually reverses a world-wide practice. There is an unwritten business law that when a manufactured article is conceded to be without equal among its kind, the buyer gladly gives more tor the greater value which its excellence assures him., In the case of the Cadillac, this admission of greater value is freely and frankly given. And yetcontrary to world-wide custom the Cadillac is lower in price than the cars which eagerly seek comparison with it. Moreover, it outsells all of them combined by a volume which it something like one-third greater. ' This latter fact explains why the Cadillac is not only the world's greatest value in point of all that constitutes superb performance, but the world's greatest value in price as well. It is the only car of its high character which has been able to apply to a large production that fineness of manufacture which is really its special excellence and value. And by reason of that large volume, the Cadillac is spared the necessity of asking a higher price for manifestly higher excellence. Phaeton Victoria -Sedan - $379 Touring Car - - $3944 4541 Suburban ... 5190 4959 Limousin - - - 5299 P. a A DrtnH. Wu fun bUM Roadster ... 13794 Town Brougham 5494 Imperial Limousins 5399 J. H. Hansen Cadillac Co. Omaha Lincoln C A D I L L A C OB
