Omaha Daily Bee Newspaper, May 11, 1902, Page 3

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FIXES RIGHTS OF PASSENGERS lupreme Oourt Hands Down Important Opinion in a Damage Ouase. HOT FIGHT ON SCHOOL SUPERINTENDENT State Enginecr Dobson Goes to West- | ern Part of the & igate the Compil of Irrigators. (From a Staff Correspondent.) LINOOLN, May 10.—(Special.)—In the Gamage caso of the estate of Charles Sat- tler against the Rock Island Rallroad Com- pany, in which the district court of Cass county gave ¢ judgment in favor of the eatate, the supreme court has defined the legal status of a passenger under various conditions, It is held that a passenger on 8 raliroad train doee not lose his charac- ter as such by leaving his car at a regu- lar station, from motives either of busi- ness or curlosity, although he has not yet arrived at the terminus of his journey. Where, however, the train in which the passenger is being transported is run upon & switch to allow the ge of another train, or is stopped at & place other than that used by the carrier for recelving and discharging passengers, and the stoppage s not for the purpose of allowing passen- gers to board the traim or alight there- from, ome who leaves the traln must usually assume all the ordinary risks in- cident to his action. A train running between Denver and Chicago was pulled onto a sidetrack at an intermediate station in Cass county to al- low the passage of another train. Mr. Sat- tler, who was a through passenger, left the ear in which he had been riding, crossed the main track of the road and went to a pump for & drink of water. He filled his cup from the pump, but before drinking heard the whistle of the Incoming train and started on & rapld run to re-enter the car. When the passenger reached the track the approaching train was about fifty feet distant from him and running at a high rate of epeed. The passenger at- tempted to pass in front of the train, but ‘was struck by the engine and killed. The court holds that under these circumstances be was not “a passenger being transported over the road”” and that the rallroad com- pany 18 not liable for damages on account of his death, because of his own negligence. The court declares that where a passen- ger leaves his car of his own volition for some purpose of his own not incident to the journey he is pursulng and at a plac not designed for the disch of passen- gers, he cannot clalm the protection of the law, although the carrier may, under some exoeptional olrcumstances, still owe him the duty imposed on it by the common law. Open Fight on Gordon. The question of whether or not Superin- tendent Charles H. Gordon of the Lincoln public schools 1s to be re-elected is just mow agitating the minds of school 4 and patrons. Mr. Gordon has finis third term and on next Monday evening the Board of Education will decide whether or not he is to be retained for another year. Soon after Mr. Gordon assumed control of the city schools strong opposition to his administration developed and this Yeel- ing has grown steadily untll now he Is the target of an open, organized fire. The charges against him are numerous. He is alleged to have shown favoritism to cer- tain teachers, to have removed others without cause or justification and filled thelr places with teachers employed through a favored Chicago agency. It is “asserted further that he has shown par- tiality to one publishing house in the pur- chase of books and that ke has, whi ‘leoting his dutles ms superintendent, voted much of his time to conducting class in pedagogy at the university: Several members of the Board of Educa- tion openly avow that they will vote against him for re-election. Among them are Rev. L. P. Ludden and H. M. Bushnell. Two or three members are known to be ia his favor and the others are non-committal, so there is no way of ermining which side h & majority. The are nine mem! f the board and Mr. Gordon, to be re-elected, must muster the votes of five of them. Mr. Gordon's friends assert that the charges made against the superintendent are unreasomable and without good founda- tion. They say in the matter of hiring and relieving teachers he has been actuated only by the teacher's qualifications and that he has never shown partiality in favor of any member of the teaching force. Irrigators Are Complaining. State Engineer Dobson left tonight to In- vestigate some complaints recently made by Irrigators along streams in western Ne- braska. He says the supply of water s somewhat below normal, but he does not anticipate any immediate trouble. ““The complaints come from prior appro- priators, who say that persons above stream are taking more than their share of the water,” sajd Mr. Dobson. “For in- stance, here is one case in Custer county, where a prior appropriator happens to be located far down on the stream. Above him are appropriators having subsequent claims. These men are taking out water for firrigation and naturally the supply ie greatly diminished at the point of the prior appropriator, who really is entitled to the |first right to the water. The trouble s "not serious, however, and probably can he raightened out without much difficulty.” s the supply In the Platte up to normal for this season?" “It 1s & little below the supply for this !time last year, but there isn't enough dif- ference to warrant its consideration. What is worry! the fact th ere | light in the mountains during the winter The water of the Platte river comes from the mountains and when the ows up there are light the supply of water s corre- epondingly light. I bave po definite ‘infor- mation regarding the conditions in the mountains, but expect to get some light from a government report soon to be pub- | 11shea Saloon Keeper Linble, The supreme court has again held that a saloonkeeper is liable to the full extent | tor 1oss or damage resulting from his sale of intoxicating liguors. The decision fs |in the case of Garey against Kelly, ap- pealed from Dodge county. In the trial | court a judgment was given against Garey |for $400 and this judgment ls afirmed by the higher tribunal. In giving the decision the supreme court passes upon several im- portant legal questions, ds follows “Instruction that plalntifts in action against liquor sellers are entitled to com- pensation for loss of support caused by the husband and father's intoxication from all who sold or gave him the liquor causing such intoxication, held mot to assume im- properly and continuity of such intoxica- tion. “Instruction that ‘support’ in the statute { a8 to intoxicating liquors does not mean the bare necessities of life, but such means as would enable plaintifts to live in a‘style and condition and with a degree of comfort sultable and becoming their station in lite,’ held proper. “Instruction that the furnisher of any part of liquor causing the loss of support is liable to the full extent of the loss, sus- tained.” In the case of Moore against the stats, appealed from Custer county, the supreme court pas as follows upon questions involving or arising from the sale .of liquor on general election days: “To justify a conviction under Section 14, Chapter 60, compjled statites of 1901, it must appear that the defendant, either by himself or bis employe, sold or gave away Intoxicating liquors on the day of a general or special election. or on the first day of the week, commonly called Sunday. Such a sale by a servant without the express or implied authority of his master is not a sale by the master within the meaning of said | section. Whether fnstructions by a master to his servant mot to sell or give away intoxicating drinks on Sunday, or on an election day, were colorable only, or were |kiven in good faith in the expectation of that they would be obeyed and with the intention that they should operate as a limitation upon the servant's authority, is & question for the jury. The subreme court has held In the case of Van Auken against Mizner, appealed from Saline county, that the statute of limitations does not begin to run against an action to cancel a deed, constituting a cloud on the title of real estate, but not dellvered, which is taken from his posses- on and filed for record, without his knowl- edge or consent by the grantee named therein, and is not motice to such owner that such grantees assert some right or title under the deed. Rest on Equalisation. The State Board of Equalization today enjoyed a respite from its labors, an ad- Journment having beem taken from last night to Monday morning. It is likely that the task of fixinx the valuation of all rallroad and telegraph property will not be completed until the latter part of nmext week. The board has held two sessions dally since Monday, but bas accomplished little, The valuation of some of the minor roads has been fixed, but the figu will be withhe!d until the task is e tirely completed. Al Beard. allas Arthur I arrested in Kansas City erday on com- plaint from St. Paul, Minn., charging him with the murder of Policema: Meyer in the latter city, is well known in Lincoln, having been under arrest here on several occasions. By the local authorities he is regarded as a particularly dangerous char- acter. Rewards aggregating $1,600 were offered for his apprehension. He was re- leased from the Nebraska penitentiary in July, 1901, Social Ev at Harvard, HARVARD, Neb, May 10.—(Speclal.)— Thursday evening the young men of this city gave an entertainment and banquet at Btokes' opera house, at which 150 were In attendance. Friday afternoon Mrs. Kate M. Barbour entertained a party of women i honor of her friend, Miss Mary Hura of Kalamazoo, Mich., who is visiting here, while enroute to her new home in Los Angeles, Cal. Friday evening Dr. J. R. Sample and mother gave a reception to his brother, Clarence L. Sample, who comes to Harvard to practice dentis Young Prisoner Acts Que HASTINGS, Neb., May 10.—(Special Tele- gram.)—Lawrence Spohn, who was ar- rested yesterday, had two warrants sworn out against him today. Roy Van Fleet and Bugene Scherick each flled a complaint, charging him with robbery. Young Spohn has been acting as if he were demented and has told the 's that he frequently has spells when he does things of which he has no remembrance of having done. He will have his hearing before County Judge Dungan Monday mornlang. Mayor of Stanten Injured. STANTON, Neb., May. 10.—(Special.)— A telegram received here yesterday even- Ing stated that Dr. E. C. Underburg, mayor of Stanton. had met with an accident at | Plerre, 8. D., one of his legs belng broken 1lnd sustaining other injuries. Mrs. Under- burg left for Plerre on the evening train. Dr. Underburg has recently purchased land ! near Plerre and is arranging to engage in . the stock business there. Everything goes wrong. The digestion is bad. The head aches. The brain is dull. The nerves weaken. And the skin is nearly ruined. Your doctor knows what medicines will cure these troubles: the medicines that arein Ayer’s Sarsaparilla. “Five years ago I had bunches come out on out on Ayer's . 1 tried different Consult him freely. head and had & 4 velief. 1 then Before 1 had taken half a bottle the and the Mmmfllflm.—-m‘—l‘.';u.%h $L08 Al dregpiste. 4. €. AYER CO., Lowsll, Mass. THE OMAHA DAILY BEE: SUNDAY MAY 11, 1902, ° KELLEY,STIGER & CO. Fasfiionable White Goods for Waists and Dresses. White! White! White! Is the constant and unending demand made at our counters, This store has firs' stores combined. be disappointed. 32-in. White Basket Weave Cheviots for suits and waists, at 15¢, 18¢, 25¢ yd. Fancy Marseilles and Pique, light and medium weight, for suits, etc., 25¢, 30c yd. Black on White Imported Oxford Cheviots, double fold and all neat designs, 35¢ yd. Mercerized Etamine, sheer and lustrous, will not muss, 40¢ yard. Mercerized Sea-Moss Madras, all in handsome designs with momie grounds, 45¢ yd. Hungarian Madras, made from mercerized round thread yarns, $1.00 yard. White for Graduating Dresses In our west show window we have on display a representative 32-in. Sheer French Mull—a-La-Suisse, at 25¢c, 30¢, 35¢, 40c and 82-in. Brittania Mull, soft finish and as lustrous as silk, 45¢ and 32-in. Persian Lawn, at 25¢, 80c, 35¢, 40c, 45¢, 50¢, 60c and T6¢ 48-in. French Lawn, very sheer and washable, 30c, 35¢ and 40c 48-in. French Opera Batiste, at cheap. 124c yard. Queen and Holly Batiste, very desirable patterns for garments of every kind—156¢ yard. Sheer Scotch Dimity, in all the new and most stylish designs and colorings, 15¢ yard. Mercerized Madras and Anderson’s Scotch Madras for shirt waists, 26¢ yd. Embroidered Swiss Plumets and Embroidered Tissues, sheer and fluffy, 25¢ yard. All our 35¢, 45¢ and 50c Shirt Waist Linens, in one lot, 30c yard. 45-in. Embroidered Tissue, in rich and beatuiful designs, 50c yard. 32-in. Silk Batisté, with pearl white stripe, also 46-in., plain, all linen col- ors, 60c yard. Household Linens 2 yds. wide, all linen, unbleached, regular 75¢ grade—&8¢ yard. 2 yds. wide, all linen, b.eached, Irish make, regular §1 grade—75¢ yard.\ 2 yds. wide, extra fine quality, regular $1.35 grade—$1.00 yard. Pattern Table Cloths, in 2x2, 2x24 and 2x3-yard lengths, at $2.35, $3.00 40c¢, 45¢, 50¢, 655¢, 60c and 70c¢ and $3.50 each. Dinner Napkins, to match, $3.50 dozen. Another 5 cases of Russia Crash to be placed on sale at 5¢ yard. New White Shirt Waists Made of swell materials; the workman- ship and fit equal to any walist specially tatlored to order at double our prices— which range from $1.00 te $4.50. Shirt Waist Suits— Just recelved—a large assortment, in plain colors and white; handsomely trimmed, in lace and embroidery inser- tions. Price—§5.00 to $7.50 for entire sult. Infant’s and Children’s Fine French Lawn Caps— Neatly trimmed, in lace and embroidery; also hemstitched and hand tucked—at 50c, Tbe, $1.00, $1.25, $1.50 and $1.75 each. Fine Muslin Underwear Good fitting, dainty, durable and inex- pensive. Just a few illustrations of the many bargains we are offering. Fine Cambric Night Gowns— V yoke, trimmed with torchon lace inser- tion, tucking and lace ruffles, only 85c each. Fine Nainsook Night Gowns— Round neck, short sleeves, neck and sleeves finished with embroldery bead'ng and Val lace, only $1.00 each, Fine Nainsook Night Gowns— Square neck, finished with embroidery in- sertion and edged with embroidery ruffle, only $1.25 each. 45¢ yard. Bbbc yard. yard. yard. yard. Colored Wash Goods Everything that is up-to-date, stylish and desirable is found on our coun- ters. Never in any case do we sacrifice quality in order to make prices sound If you want the best at lowest prices we have them. . 36-in. Shirting and Shirt Waist Percale, also new styles in Ginghams— call and the reasons are obvious, we carry an assortment larger than all Omaha Our styles are all the very best procurable, and our prices, well, they are much lower than what you would willingly pay for inferior kinds—The best time to buy is now before assortments are broken, later you may Mercerized Damask Madras and Satin Striped Oxford Cheviots, 50¢ yard. Embroidered Pique, with open work stripe, light weight and very handsome for waists—50c yard Irish Lawn, in hand drawn effects, at 50¢ and 59¢ yard. Tsattlee Wash Bilks, 32-in. wide; also lace stripe embroidered 8 wiss, 75¢ yard. line of fine, sheer and fluffy fabrics, but this display is just an in- dex to our store, inside are to be found mountains of snowy white at money-saving prices. We heartily invite comparison. 48-in. Wash Chiffon, at 40c, 45¢, 55¢, 65¢, T8¢, 85¢ and 90¢ yard. 48-in. Paris Muslin, at 60c, 75¢ and $1.00 yard. 68-in. French Organdie, at 65¢, 75¢ and 85c yard. Dotted Swiss at 40c, 45¢, 50¢, 55¢, 60c, B5¢, 70¢, T5¢, 85¢, up to $1.15 yard. India Linons at 12c¢, 15¢, 20c, 25¢, 28¢, 30¢, 85¢ and 40c yard. Laces, Belts, Fans Handkerchiefs & Neckwear New Dainty White Laces and Fine Swiss E¥mbroideries—In various widths to match—For Graduation and Confirmation Dresses. Black Chantilly Lace Galoons—In seperable, wave effects—only 10¢, 15¢, 20c, 25¢, 40c and 50c a yard. Nottingham Lace Galoons—In white, ivory and Arabian shades, medallion, seperable and wavy designs—at 8c, 10¢, 12}c, 15¢, 20c and 25¢ a yard. Fine Embroidered Sheer Linen Ha ndkerchiefs — Narrow medallion, applique and hemstitch and scolloped borders, extra values—at 15¢ and 26¢ each. New White Pique Crush Belts—With new fob buckles, special—50c each. Black Real Seal Belts—Leather covered buckies and nicely finished, spe- cial—2Bc each. Black Peau de Boie Crush Belts—New fob buckles, in gilt and gun metal Black Chinchila & Escurial Lace Galoons Serpentine, wavy and detachable designs; excellent values—at 10c, 150, 26c, 35¢ and b0c yard. White Ecru and Cream English and French Lace Galoons— Elegant serpentine and medallion effects ~at 8c, 10c, 12%c, 1bc, 20c, 25c and 36e a yard. Latest Novelties in Lace Border Veils— Including the new Gibson vells—at 60c, 75¢, $1.00, $1.25 to $2.50 each. Elegant New Swiss Embroideries— In complete matched sets, speclally se- lected for graduation dresses—AT VERY REASONABLE PRICES. —only $1.60 each. Novelties in Neckwear Latest ideas in ruffs, jabots, automobiles, stocks, ties, collars, etc., in end- less variety. Fine Imported Gauze Fans—Dainty hand painting, spangles and lace dec- orations—at 50c, 75¢, $1.00, $1.50, $2.00 to $7.50 each. Fine Muslin Skirts With deep tucked hemstitched Fine Cambric Skirts— Deep lawn flounce, ruffle, only $2.00 each. Fine Cambric Skirts— Deep tucked lawn flounces, with ruffle, only $2.65 each. Fine Cambric Drawers— Deep ruffie, finished with embroidery in- serton, only 50c each. Fine Cambric Drawers— Trimmed with deep flounce of open work, embroidery, only T5c each. cambrie ruffie, with extra foot ruffle, only 90c each. with hemstitched tucking, point Paris lace insertion and fMe of new blind embroidery and extra foot New Straigfit Front Corset Fine batiste, durable and good fitting, only 50c a pair. Fine Batiste Straight Front Corsets Latest Parisian design, perfect fitting and adapted to a wide range of figures, light, durable and cool, only $1.00 each. Straight Front Biased Gored Corsets— Fne batiste, the different sections are so shaped as to bring out all the lines and curves, not otherwise obtainable, only $2 each. Fine Nainsook Drawers — Cluster tucked lawn flounce, with tucked heading and wide point Paris lace edge, only 90c¢ each. KELLEY, STIGER & CO., CORNER FARNAM AND FIFTEENTH STS. __%fi THOMPSON STARTS A PAPER Not Batisfied with the Course Pursued by Those Now Printed in Lincoln. STOCK COMPANY FORMING TO BACK IT Ctreular icates that Care is to Be Exercised in the Selection of Stockholders of the New Company. LINCOLN, May 10.—(Special.)—The long- discussed project for another Lincoln newspaper not controlled by the State Journal and ocmmitted to & more lib- eral policy tian that paper, promises to materialize shortly through the efforts of D. E. Thompson and his political asso- clates. The plan has been unfolded to- day in the following letter given out for publication by Mr. Thompson: LINCOLN, May 10.—To the People of Nebraska: 'From the general throughout the s Lincoln, it would etrong and aggressive evening mewapaper that [n politics would advocate republican doctrines and principles and the constant effort of which would be to help in the upbullding and betterment of Nebraska, particularly its capital city, Lincoln. much encouragement and is_proftered to promote [rise that I have concluded to take the nitiative In helping to organize a com- pany of stockholders, whose purpose it will' be to publish such a paper {n Lincoln. As soon as a suitable location can be secured, the necessary machinery bought and installed and the necessary operating force is selected, a stock company, as above outined, will publish an afternoon and evening newspuper in Lincoln. The paper will be provided with ail Assoclated Press rivile d_have such other telegraph acilitis for collecting news as have all up-to- s In thlg countr he company will be organized with a gapital of 80,000, divided fhto Sshares of $100 each, fully pald at the time of organiza- tion. The right will be reserved to reject any subscription for shares of stock. also to reduce the amount subscribed to one share if so desired. No payment on stock subscription will be required until at or near the ue operations are commenced, when a call for the full amount subscribed will be made. The stock should be sub- tusal, all of which doubtless means that the existing Lincoln papers will not take kindly to the new journallstic venture. TWO SUICIDES AT CRETE James Frolik Does with Revolver Saturday and Fred Herman Hung Friday. CRETE, Neb, May 10.—(Special ‘Tele- &ram.)—Two sulcides In two days is a bad record for Crete. Yesterday Fred Herman hung himself and today James Frollk shot himself. Frolilk was discov- ered lylng on the floor of his bedroom In » ool of blood with & revolver by his side. The deceased was a Bohemlan of 35 years of age, engaged In the harness busi- n He bas borne an excellent reputa- t He was told by his physician lately that he had incurable case of heart disease. This is supposed to have caused despondency, which resulted in his un- timely end. He was well off and financial difficulties could not have prompted the deed. Two brothers and three sisters survive him. Horses and Carriage Stolen. HASTINGS, Neb., May 10.—(Special Tele- gram.)—At an early hour this morning thieves visited George Marti's farm and stole a flne team of horses and a two- seated carriage. The horees belonged to John Wilkins, who was staying at the Martl home, and the carriage was the property of Mr. Martl. A reward of $2 bas been offered for the arrest of the thie: Fire Fighters Name Officers. WEST POINT, Neb, May 10.—(Special.) —The “following firemen were elected to office by the fire companies of the city for the ensuing year: Ohlef, Leanard Mal- chow; assietant chief, Theodore Schwarts; secretary, Dr. 8. A. Sammons; treasurer, Ed Bauman. These appolntments were rat- ified by the councll in executive session. Cuming Republicans Meet in J WEST POINT, Neb., May 10.—(Spe. L —The republicans of Cuming county will hold & convention in this city on June 4 scrined for under the belief that for a time the property will not be dividend paying. Ultimately, however, I believe that under prover, and economical management it will & desirable investment. The above g.r:poomon. as outlined, Is re- spactrully submitted with an invitation to those w! feel interested In t promoti such an enterprise to subscribe for one :‘r more shares of stock. Yours trul D. E. THO! IN. It is understood that & request was made to the State Journal people to have this letter published in their papers, the Even- ing News and the Journal, coupled with an offer to pay for its insertion at regular advertising rates, but only (o meet & res ates to the state and congres- ons. Ninety-four delegates A later convention will be county attorney and elf-Destruction’ Lawn Bargains.... We are seliing Yllll‘lnued standard 5 ply hose—any length you want—complete with couplin, at, par foot. We have varfous grad ranging in price from 8¢ to T WighGrass Il o U on s Mowers BALL BEARING PENNSYLVANTA and GREAT AMERICAN are the easlest running, best constructed * Mowers on the market 82 39 for our well known Fair- . view Mower. High and low ‘wheel mowers, at prices in proportion. White Enamel and Wisconsin Peerless Ijefrigeraturs the COLDEST—CLEANEST— CLEVEREST. ss 25 is the price of our swell- 2 est high grade Badger Refrigerator—hard wood, full zine lined. Ia so is the price of our Wis- J consin Peerless — ca- pacity 85 pounds, packed with min- eral wool. | Quick Meal Reliable Gasol and Wickless Oil Stoves These makes have equals. 2 " buys a 1902 one hole Re- . liable. We carry full line with newest features. z 05 buys a 1902 Blue Flame o Wickless Sterling Puri- tan Oll Stove, Surer than a lamp and as cheap to operate. absolutely no Milton Rogers & Sons Co., 14th and Farnam Streets mar schools, Misses Mockridg: Dugan, Alford, Felheizen, Nowla Wineyard, Nye, h Jones, Mansfield, | lland, Stichter, Clark, Power, Faxon, | Park, Mason, Bowles, Birdsall But- Carpen- » Instructors Elected. HASTINGS, Neb.,, May 10.—(Special.)—At & meeting of the new school board this week Jacob Balley was elected president. The following named teachers were elected for the ensuing year: High school: Miss Kelley, principal; ts. music. Corps of Teechers for Ge: GENEVA, Neb.,, May 10.—(Speol teachers elected for the Geneva schools for the coming term are: Superintendent, C. W. Taylor; prineipal, Miss Nettie Henry; va, —~The Meslon, | Emma met Kelley, & Cumberland, Mary E. Will Address Hast HASTINGS, Neb.,, May Gra, Boy We od by Revelver, Burnett, Bertha Thompson, Louise Donisthorpe and | probed for the bullet Lora Harroid. ates. 10.—~(Spectal.)— | terfield. Miss Burnham was elected teacher | Hon. W. E. Andrew, auditor of the United | of drawing and Miss Raven instructor of | States treasury, has accepted the fuvita- | tion to deliver the commencement address for the Hastings High school. ‘cbfl will be held the last week in May. The exer- self below the knee. Dr. George Moze« but did not locate {it. The wousd is Moravee Awi tet Court. PIERCE, Neb, May 10.—(Spectal.)— Fraok Moravec, who is alleged to have | possessed liquor for business purposes at Foster, was bound over to the district | court 1n the sum of $250. I Polk County Debt Decreased. OSCEOLA, Neb., May 9.—(Special.)—The GENEVA, Neb., May 10.—(Bpecial )—Bm- | decreased indebteduess of the county of 15-year-old boy, while | Polk for the month of April, 1902, amounted Vivian Strickland, Anss Kuox, Cora Owens, | bandling & revelver accidentally shot bim- | to §19,851.08.

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