Omaha Daily Bee Newspaper, November 20, 1909, Page 9

urday Specials 1 SECOND FLO durable, For Saturday only we rugsonsaleat ........ at the very lowest each ... The $2.50 values, 2-6x5, at price ever MISSION BOOK RACKS 5 inches long. The new- est novelty for library tables holds books, mag- azines or papers; regular value 75¢ each; Saturday special, each .......29¢ OR SPECIAL Uneut Smyrna Rugs—best quality of all wool, very All new patterns from which to select. will place the $3.00 3x6 R LT ...$1.45 Basement Specials 500 Ingrain Samples, used by traveling men to show the goods on the road—some are slightly soiled but are full one-yard pieces, and the best quality of all wool that gell regularly for 85¢ to $1.10 per yard, at one price; Saturday, each. .. Double Self Basting Roaster, made of heavy black iron and with patent locking top and ventilator, for browning—size of roaster is 15% inches long, 10 inches wide and 8 'inches high. This is a good opportunity to get a high grade roaster sold in Omaha. Regular value 50c; Saturday only, Tapestry, silk, JRDAY, NOVEMBE R PILLOW TOPS choice pieces from our work room, 24 inches square, some selling regularly at $10.00 a yard, all go on sale Saturday; special, at, (T WA RN ...20c¢ = ' ZBANK CUARANTY I ACTION "0 Results of Recent Practical Tests of “Oklahoma Law. TROUBLE BREWING ON ALL SIDES Doébtful Guarantee for Deposits and No Guarantee Against Boomer Banking—The Columbia Failare. A staff correspondent of the St. Louls Republic, writing from Oklahoma City, has sthis to say concerning the efficacy of Okl noma's famous guaranty deposit law as tested by the Columbia bank failure: Since the Farmers' State bank of Okla: homa City, converted into the Tarmers National bank, and state institutions roughout the commonwealth have re- sisted the payment of their assessments to the deposit guaranty fund, a disposition of protest against the present system of insurance has been manifested in citiss ard towns in all parts of Oklahoma. Only, a few new state banks have been organtzed) since the closing of the Columbla Bank and Trust company and they have been in the opinion of their otficers, coerced by the powers at Guthrfe. Institutions coming Into existence now are requested to contribute to the guaranty fund. The assessments are fixed against the capital, but they are baset on the average daily deposits. Though a new in- stitution may have no deposits, It is com- manded to pay into the fund. Smothered discontent among financiers * may burst into a destructive conflagration ‘V at any moment. The bankers, large and ‘small, are angered over the enforcement of the law and the methods employed to collect assessments. They appreclate the demands that emergency calls wifl make on thely earnings, or even their surplus, and the opinion is growing that. after all, the theory of deposit fhsurance 18 wrong nd injurious. First Principles Lacking. The law and the body enforcing it have been unable, from all /appearances, to ,tablish the fundamental principle of finance. Prevention of loss is the philoso- phy applied among experienced financiers. Guaranty to depositors against loss, but without regard for prevention is the grava- men of the insurance plan. 8t. Louls and Chicago demonstrated the soclation. The Chicago innovation appe to financlers. When the Missourl-Lincoln Trust company was closed, prior to the panic of October, 1907, the St. Louls banks arranged for clearing house investigation. The St. Louls clearing house maintains a complete bureau of examination. The annex is In charge of trained examiners, formerly In the government and state service. The examiners investigate the assets, records and affairs of all banks and trust com- panies in the entire St. Louis district affil- lated with the St. Louis clearing house. “Case of Missouri-Lincoln Trust. The Missouri-Lincoln Trust company would not have been forced into liquida- tion If the clearing house had created the mination bureau two years ear! The bank would have been saved. After the institution was in a deteriorated condition, the only means of guaranteeing depositors against loss was for the clearing house to assume the lability, and this was done. Had the clearing house bureau been or- ganized in ample time, there would have been no occasion for a guaranty. Loss would have been prevented. The St. Louts and Chicago Clearing House assoclation operate on the prin- ciple that lonses should be obviated. Their object is to prohibit improper banking and theréby remove or reduce the chance of hazard. The deposit guaranty law does not sicceed In proventing losses, but aims at protecting depositors, and the result is that it encourages injudicious banking and tend to impair the capital and surplus of finan- cial Institutions. A. M. Young, state bank commissioner of Oklahoma, said he did not underestimate the precautionary importance and force of clearing house supervision. In fact, he expressed decided approbation, Intimating that the clearing house could produce more g00d than the federal or state govern- ments. He thought clearing house super- vision would be highly desirable in the cities of Oklahoma, but he believed the guaranty law would be pecessary for coun- try banks. Huskell Makes No Comment. value of clearing house exanination, but he sald he wo1ld be glad to give the bank- ers’ organizations of Oklahoma representa- tion In the State Banking board. The bankers of Oklahema Uity are now an examination burgau for the clearing house. E. H. Cooke, president of the State National bank and president of the Okl homa City Clearing House assoclation, who Is one of the foremost bankers of the south- west, s migh impressed by the success of the plan at St. Louls and Chicago, and he has been discussing it with other financiers. true banking principle. After the closing of the Walsh concerns the Chicago banks provided for the supervision of all finan- elal institutions by the Clearing House of seven state and six national Institutions. Experienced financlers are convinced that management of the Columbla Bank the and Trust company could have been con- v Golden al1form are many quaint On the way is tha bits of oriental life. t world-wonder, the a mile deep, miles wide, painted in rainbow hues. rim, where A Pullman takes you to the stands El Tovar Hotel, like a country club—Fred Harvey management. The California Limited between Chicago~ Kansas City and Los Angeles, San Diego and San Francisco. You will enjoy the Fred Harvey dining- car service, ‘This is the only Southern California train, via any line, exclusively for first-class travel. All others carry Governor Haskeil did not comment on the considering seriously the establishment of The clearing house of this city consists actorlly unde: crearing house supervision. The concern would not have been closed, but saved, and the bankers of Oklahoma would not have been put at the risk of losing from $500,000 to $760.000, Questionable I Questionable loans and discounts were the trouble with the Columbia. They are, as & rule, the principal tyouble with all weak banks. Federal and state bank ex- aminers perform remarkably beneficlal work in connection with bills receivabie, but they cannot be expected to know as much regarding p@per as local” examiners, thoroughly famillar with local conditions. Clearing house examimation in Oklahoma City would have protected the Columblia, institutions doing business with the Co- lumbla and the banks contributing to the guaranty fund; it would have aided the investigations of the federal and state ex- aminers. Methods employed at the Colambla, es- pecially regarding loans, were known to national bank examiners as long ago as last May. Federal examiners in the south- west were iustructed to notify their su- periors as to transactions of the Colum- bla, and its officers, with national banks. The state examined the Columbla in July, and found cash and sight exchange of approximately §1,000,000. But it does not appear to have acquired particularly en- lightening information about loans. A member of the State Banking Board had |large notes there. Rumors about the Co- 'lumbia brought about another Investiga- tlon in September, when Mr. Young de- clded to close it. The deposit-guaranty law Is, obviously, constructed on a false theory. It under- takes to pay losses. It guarantees de- positors against loss, but it does not, at least In practice, guarantee safe bank- ing, and does not guarantee banks against loss. The right principle in banking 1s the upholding of the highest ethics and the prevention of loss. BILL POSTERS JOIN FiGHT AGAINST TUBERCULOSIS | Signboards Throughout Comntry Will Hp Cove with Literature " Dooming White Plague. All the bill posters of the country have | been actively interested In the active cam- | paign which Is just opening for the com- | bating of tuberculosis. This is to be known as the “million dollar poster cam- | paign,” and the whole country will be | covered. It is to be carried on jointly by | | the National Association for the Study and Prevention of Tuberculosis, the Assocated BIll Posters and Distributers of America, and the Poster Printers' association of the United States. All printing and posting wi' be done _———_é_— $8.00—that's more than two days' wages for the average man. that for him on a suit of clothes and you've provided him with cause for a personal ne: poses to electri and cannot AF: garment Byrne-Ham- per 3 c mer Under- wear that is WORTH ALL OF $1.00 Men's choicest all wool under- Beauti- wear in natural gray. fully finished. All sizes. Double Green rne-Hammer Dry Goods Co. of Omaha is preparing for Spring NOW. nd have closed to The Palace ALL re: win Omahans with a “HALF PRIC) 'ORD to sidestep this chancé. Course you cannot! for “Thanksgiving.” The “Palace” proposes to do this very thing tomorrow, with a stupendous, really remarkable “Thanksgiving” Sale on Suits aa Qvercoats The “Palace’ hasn't stinted matters in the least; it hasn’t withheld those new overcoats with military collars; neither has it made sparse picki terned suits; nor has it confined the selling to “odds and broken lines.” No, sir! of suits, overcoats and raincoat terials of recent creation; you'l wear ANYWHERE at ANY time, All lines of clothing have been gone through— ng among novel put- You'll find scores upon scores of CLEAN sorts s; you'll find ma- 1 find styles you can vherever possible a line of ‘“‘leaders’’ has been taken advantage of; telegraphic offers to Baltimore and Cleveland makers brought additional | holds good; you WILL be able to $18 temorrow for a mere § ing” in advance. Men’s Underwear at “Half” Palace Buys ENTIRE Surplus 8tock of the Byrne-Hammer D. G. Co. They've finished with TIHIS season's busi- at ter underwear stoc! " aalo on underwear as per garment for Byrne-Ham- c mer Under- wear that is WORTH ALL OF $1.25 Men's all wool ribbed under- wear in brown only, but in all sizes, Most excellent make, Trading Stamps Again omorrow speclals. This clalm to buy clothes worth 9.98—a “Thanksgiv- garment for ALY actual worth. The 'lll%x‘h mit. Now YOU NEED UNDERWEAR per Byrne-Ham- mer Under- 690 wear that is WORTH ALL OF $1.50 Men's fine silk and wool mixed underwear in blue or pink. The chance of the year on this. $18 Values—positive $18 Values—at only i Save A Profound Sensation in Clothes-~- . Cleanest $18.00 Values at $9.98 HISTORY OF FANOUS CASE Forms Unique Chapter in Iowa Court Records. TWENTY-FIVE YEARS LITIGATION Legnl Controversy of the Jones County Calf Case, How the Row Began and the Fortunes it Demolisbeg. Four calves, the market value of which | was 3$2, were the cause of the greatest law suit In the history of American juils- | The litigation started by their prudence. sale extended over a period of twenty years, was tried in seven different counties before 114 jurors, was four times app:aled to the supreme court of the state, wre:ked the fortunes of eight men, amounting to $75,00 for an army of law- yers, and concluded with a final judgm:nt | for $,000 and court costs amount.ng to| 32,886 84. This litigation—a monument to the cost at which legal redress may be secured by a persistent litigant—is known as the “Jones County Calf Case”, from Jones county, lowa. Robert Johnson of Anamosa, to vindicate himself of a criminal charge preferred against him by a “Horse Thief assoclation” of ploneer days, fought through this 1.ng period against seven opponenis. Since the conelusion of the case five of the defend- ants have dled without propeity and (wo free of charge, and already in Omaha and in other cities the literature of the cam- | palgn Is belng put before the public. It will be found in office elevators as wel as on the bill boards, in business places | and in homes. The paper on which the| printing 18 to be done will be contributed by the paper manufacturers of the country, | and an fmmense quantity of the literature | of warning and Instruction will be put out. A million posters at least will be put out on billboards alone. These will bs| nine feet long and seven feet wide, an are calculated to show In graphic fashion | how the dread white plague can be not | only prevented but cured. i A great many thousand clreulars and| letter sheets anti-tuberculosis matter will also be sent ont by the national assoc tion, and the Red Cross stamps to go on | sale about December 1 will be another teature of the same campaign. | NEWS OF THE ARMY CIRCLES Commissary Purchases 14,000 Pounds | of Turkeys for Thanksgiving in Department of Missouri, | The purchasing commissary of th: De- partment of the Missourl has contracied for 14,000 pounds of turkeys for the Thanks- giving feasts for the soldiers of the various military posts of the department. The prices paid were from 19 to 23 cents per pound. | General courts-martial have been ordered to convene at Fort Riley, Kan., and Fort D. A. Russell, Wyo,, for the trial of minor military offenses. The Fort Riley eourt- | martial convened Thursday and the court- martial at Fort D. A. Russell will convene | Monday. i / { Honorable discharges by purchase have | been granted Sergeant Willlam Maxey of | Troop I, Fourth cavalry; Corporal John | Kaholokula of Troop L. Ninth eavairy; Privates Theodore B, Titus of Company L, Niueteenth Infantry; Patrick H. Mulligan of Batiery F, Bixth field artfilery, and | John Carleston of Company H, Thirteenth | intantry. ! The leave of absence of Second Lieuten- ant H. R Smalley of the Second cavalry | Ibas begn extended to December & 1 vet live, but have never regilued a foot- hold since the famous law sult consumed thelr wealth. Johnson has prospered, but by strange destiny of fate in his every ei- terprise he must cross swords with the opponents in h's long legal duel. When he became a candidate for mayor of ihis city last spring, fifteen years at.er the settlement of the sult, his opponent was B. H. Miller, a relative of cne of the de fendants In the twenty ¥ Johnson's record in the “ealf case” being a persistent fighter, together with a platform for strict law enforcement—and a moral city, won him the election. He is mayor teday. C. E. Wheoler of Cedar Rapids, as a young law graduate of Notre Dame, re- celved his first retainer from Robert John- son.” He made his malden lpeenfi In the ‘calf case” and remained in the Itigation from beginning to end. He won his v.e- | tory after oppo:ing before the juries suen brilllant orators as ex-Governor Horace Boles of Waterloo. When final judgmen: was was a gray-haired old man and a lawyer of experience. How the Row Began. In the early days of lowa R.bert John- son was a stock buyer in Jones county, In June, 1574, he sold to S. D. Potter in Greene county, fifty head of calves, A short time later John Foreman, cne of his nelghbors, asserted that four of the calves | belonged to him, and in a Green: county Justice court, by replevin proceed.ngs, re cgvered their possession. To reimburse Mr. Potter for the value of the calvis Mr. Johnson gave him his note. He explained that hé had bought the animals from a siranger who gave the name of Smith In a country store at Olive, the proprietor and several loungers heard the bargaln made between Johpson and the stratger. Shortly after this proceeding an indictment was returned in Jones county against Tohnson, churging him with having siolen the four calves. Johnson and & brother then went to Greene county and had Pot. ter point out the four claimed by Foreman. They proved to be high-grade caives whereas Johnson had bought scrubs of Smith. Then Johnson discovered for the first time that he had not handled the Foreman calves at all and began to be- lieve he was the scapegoat fo: anoiher's ( rendered he entallng rees | litiga fon. | for | crime, He refused to pay the note he had given Potter, on the ground there was no consideration: Suit was comm ned against bim in justice court, and after a long and expensive ligitation Johnson was defeated and had to pay the note, on the ground that it was in the hands of an in- nocent purchaser. Could Not Be Scared. When he was indicted Mr. Johnson filed a motlon to quash because of a defect. The prosecution of Johnson was prompted by an organization of those early days known as the “Horse Thief association perfected as a protection against the pre- valling wholesale stealing of stock. A few days before the court gave conslderation of this motion -Johnson found on his horse block near his home a note, accom- panylng a plece of rope tied In a hang- man's knot. . It. read: “In view of the present indictment we ‘under-lund that you are under, we under- |stana that you calculate to have the in- |atctment #éf dside. We advise you to ap- pear and be tried under the indictment with the dgfect, If any exists, or take the lamented GOrecloy's advice and go west, or take this—" We, the committee, Johnson was & fearless man. He pur- | sued his motion. The Indictment was | quashed. Ahother was returned. A change |of venue was taken to Cedar county. He was tried, and the jury disagreed by a [vote of eleven for acquittal and one tor conviotion: Then ome night his house and barn were myste- rlously burned to the ground. He was tried a second time and acquitted Fighting For Vindication. Johnson determined to have revenge and vindication. He gathered Information con- cerning the membership of the ‘“Horse | Thief Assoctation,” and on May 23, 187, started suit in Jones county for mallclous prosecution, demanding $10.000 damages from E. V. Miller, David Fall, George W. {Miller, Abe Miller, John Foreman, 8. D. Pottor and Merman Keller. A change of venue was taken by the defendants to Linn county and from there a change was taken to Bentom county. The case was tried here first with a disagreement of the jury. It was tricd a second time and Johnson recovered a verdict for $3,000. The court set the verdict mide. A change of venue was then taken to Clintpn county. | Blachawk At the conclusion of the trial there John- son secured a verdict for §7,00. The court set that verdict aside. A change of venue was then taken to Blackhawk county. There Johnson again won. This time the Jury said he should have $,00. From this verdict the defendants appealed to the Supreme Court of Jowa and the case was reversed. On the next trial b Blackhawk county, Johnson was awarded, by the jury, a verdict for $6,000. From this the de- fendants appealed to the supreme court and again the case was reversed by this highest tribunal. On the last trial in county, Johnson recovered a verdict for 31,00 against six of the de- fendants, the court having instructed’ the Jury to return a verdict for the defend- ant, Herman Keller, whose connection with the ““Horse Thigf Assoclation'” was not proven. The six remaining defendants filed one motion to arrest judgment and an- other for a verdict for the defendants on the ground the findings were In confiict with the general verdict, the judge having submitted certain specific questions for the jury to answer. Both motions were over- ruled and judgment rendered against the six defendants. Thereafter they appealed and judgment of the lower court was af- firmed, January 27, 1891 Footing the Billw When it came to the payment of the trial costs the defendants against whom the verdict stood wished to pay but six- sevenths of them, vontending the exon- erated defendant shovld pay his share of the defense. They once more went to the supreme court on this question and the higher tribunal directed the six to pay the total costs of the defense. This last ruling was made December 20, 189, 80 the case consumed from the -beginning twenty years. E. V. Miller, Abe Miller and H. D. Keller died about the close of the litigation with- out property. John Foreman died about six years ago and David Fall three years ago. George Miller {s now living in Ana- mosa at the age of ninety years, with but little property. 8. D. Potter Is still living in' Greene county, but has no property Robert ._Johnson is now seventy-one vears old, having been born in Delaware county, Ohlo, In 1838 He was married In Jones county in 1861, to Miss Mary Saum. and they raised a daughter and son tc wemanhood and manhood during the prgress of the Jones county calf cas Concerning the sult, Mr. Johnson, who Is e wealthy and recently gave a substantial contribution for the buliding of a new church savs: “I kpow 1 was right In this case. I do not regret the tiresome litigation. My honor and integrity were questioned. It peys to fight under such cireumstances. 1 lost my farm of 160 acres and sll my property, but I feel well repald. My wife, my children and my friends know now I was Innocent and I can look any man in the face without a blush."—J, 8. Wood- | house In the Green Bag. Six Saloon Men Named by Stone Liquor Men Charged with Violating 8 O'clock Closing Law and Complaints Issued. Complaints against six saioon men, charging them with violating the § o'cloek closing law, have been filed by Harry A. Stone, secretary of the Anti-Saloon league, and warrants were immedlately issued. The complaints were against the following lquor dealers—beer, in each instance, belng the beverage alleged to have been pur- chasdd: Charles Lentz, 1418 Fernam street; beer, bought on Oetober 7 after § o'clock in the evening by Harry A. Stone. T. J. Foley, 1412 Douglas street; bought by Stone on October 7. Willlam Miller, 402 South Thirteenth street; beer, bought by C. A. C. Giveen on November 8. Charles H. Stillers, 424 South Thirteenth street; beer, bought by H. T. Brass on November 3. 8. T. Grean, streets; beer, H. T. Brass. J. J. Sullivan, street; beer, October 6. The warrants were turned over to Court Officer Glover and by him served. The defendants will appear in court for their preliminary examination this morning. beer, Sixteenth and California bought on November & by 1812 North Twenty-fourth bought by J. T. Fisher on Try Chamberlain’s Cough Remedy when you have a cold and you will be pleased with the prompt relief atforded. WASH BUR FOR PEC S JAN FEB oLD MEDAL FLOUR JULY AUG SEPT + 0CT APR.. MAY JUNE - ¥