Omaha Daily Bee Newspaper, April 17, 1915, Page 4

g, AN ek G rmmEAY ) i PO A — COURT CONSTRUES GIBSON SALOON LAW High Judges Hold Excise Board Need Not Go Behind Records of Realty Holdings. POSITION OF BODY IS REVERSED (From a Staff Correspondent.) LINCOLN, April 16—(Special)~In an opinion handed down hy the wsupreme court today that body holds in the Hanff- Bnos saloon case from Stanton ocounty, favaolving a construction of the Gibson | 1aw of 1907, that an excise board need Mot go behind the records to find out who really owns leased property. The evidence in the case proved that | Mre. Adolph Storz was majority owner of 1he stock in the Independent Realty com- panr. the evidence tending to show that this company was merely a holding com- pany for the brewery company. 1o the decision the court reverses itself, & tehearing having been granted on & former holding. The cass is one appealed frotn Stanton county by the remonstrants | agsinst the granting of a saloon license | 10 A. L. Hanft of the town of Stanton. The remonstrants, G. A. Enés and others. were overruled by the district court and appealed. The high court, reversing its former decision, affirms the lower conrt The court was not unanhnous. Judge Sedgwick writes the majority opinfon, which is concurred in by Judge Barnes. A dimsenting opinfon is filed by Rose, In which Judge Letton concurs. Suggests Quo Warrante Suit. The property which the applicant pro- posed to leass in this case was held by (he Independent eRalty company. The re- monstrators urged the Gibson law upon the excise board. The court holds that ibe statute doss not expressly provide and should not be so construed, that the ex- cige board shall investigate the title of the lessee when it appears fair and regu- lar on the record. Inquiries as to the good faith of the holder of the property, says | the high court should be left to the regu 1aF processes of the law, for instance, & que warranto suit against ‘the alleged holding company would be in order. The excise beard, according to Judge Bedgwick, is only an administrative body and it was not the intention of the legts- Iature to give to it judiclal functions. Its rulings are subject to appesl to the courts, it is admitted, butthe appellate bodies would be limited to the records put in bar before the administrative body. The I Nebraska , ! | Statutes, section 5235, ON THH ITALIAN FRONTIER, April B~(Via Paris)—Italy today has 1200000 first line soldiers under arms. They are from 3 to % years of age. They are per- fectly armed and equipphd otherwise “to the Jast button | General Zuppelll, Italian minister of | war, speaking on the military situation |In Ttaly, sald that a miracle had beon sccomplished In that a country which for about twenty vears had maintained s military, organization merely for the preservation of peace, had created what he termed ome of the most perfect of war machines. The chunge was not vasy General Zupllll sald, as was proved Great Britain, for example, had faced the same problem, and, though possessing gTeater resources, was even less pre- pared than Italy The war minister said the equipment wherever tho same work was attempted. | THE BEE: Million Italian Soldiers Perfectly Armed and Equipped Eager to Fi of the army with munitions was superior, | proportionataly, to that of the German |army at the beginning of the war Enagerness of the soldiers concentrated along the frontier to begin action is mo groat that their officers are compelled to hold them elosely in check for fear of disturbing border incidents In view of the exte ® preparations which have been mad asked with increasing frequency why | Ttaly does mot enter the war. Men in a | posttion to speak with authority say that | a majority of the people prefer and the government stlll hopee to obtain terri- torial concossions from Austria without a rupture of friendly relations. Weather conditions In the Alps must also be remembered in considering Italy’s probable action. Snow still les deep in the mountains and the cold is intense. Most of the passes are still closed by snow and ice shall go into effect until thirty days after the passage of the sa does not apply 15. An ordinance r ing the licensing | of the sale of liquors must be enacied be fore such license can be granted, and the adoption or rejection of such an ordinance is within the Initiative and referendum act 16. The injtiative and referendum act of 187 is not invalid as an attempt to regu- Iate the administration of the affairs of cities and other municipalities. 17. If section 10 of the act, Revised is incapable of a construction in harmony with section 22 of article | of the conatitution, which we do not decide, it may be dsregarded without invalidating the whole act Aviation Corps is ‘ Planned for Guard By General Hall (From a Staff Correspondent.) LINCOLN, April 16 — (8pecial.)—Ad- jutant General Hall is planning an avia- tion corps for the National Guard. The Nebraska Guard now has one flier at Fremont. Aviator Schatfer, now residing at Alvo with his parents, who was a former fly- ing mate of Lincoln Beachey, will prob- ably bring his machine to the officers’ fnstruction camp to be held in Lincoln In June. He has signified his desire to join the guard and would prove an able In- structor. The biplane at Fremont was out of commission through an accident at the time of the maneuver camp at Waterioo last summgér, Gemeral Hall has recently | recelved a model of it, which he has hitng in bis office at the state house. Just what funds will be avallable from the War department for ard aviation court cites for support the holding of the Unite] States supreme ocourt over the “eommodities clause” of the Hepburn | act, forbidding railroads from owning en- | tarprises not integral to the business of & common carrier. Judge Rose in his dissenting opfnion wieeta squarely the issue outlined by the w“’ and argues tbat judicial fumo- tive bodies, citing the rallway Moreaver, he of ita transfers its t oorporation, the lnnmmg' the transfer of property directly band to wife, wltl& the meaning of Rev. 8t., 3. 1f such u;.u( for the pur- purpose e if known by the stockholders corporation such Not for Confiseation. the vn‘n. not without ST e o s it result in i some private in- it is also undoubtedly true that a the of which was purpose and principally the destruction violate our fu the main resuit in property, If the statute will admit of a inore reasonable construction. rlrpu. of the statute, might he arbitrary confiscation of 6 The wso-cafled “‘Gibson act,” laws Wi ch, #should not be construed so that it might result in the unnecessary destruction of property values, if it is capable of other construction would serve the purpose t at. “7, Queations of {raudulent conveyances property are generally investigated eou which are clothed with .m:a! equity powers. They are usually com- plicated and difficult questions. This statute provides no adequate means of | determining such complicated and Im-| Jortant and far-reaching question. | 8. There Is no direct provision in the | #tatute requiring the licensing board to investigate such questions or (b, refuse license because of doubts In regard 10 the ood falth of the title of the apparent owner of the property where the apit- cant expscts to operate his saloon 8. Under such clrcumstances it the legis- Iature had Intended that such invest must be made by this board, and that no lcense should be issued where board should find that there was fraud or other infirmity in the title the y from whom the applicant | 1o loase when that title appeared | falr and regular upon the record, II sooms probable that the legislature w. not have left such intention in which evidently EEEE 3 is not known te the local commander, He has written to Washington to find out and the fate of the aviation corps of the Nebraska Guard reats on the reply. HIGBEE PLEADS GUILTY SENTENCED FIFTEEN YEARS COLUMBUS, Neb., April 16.—(8pecial.)— | NOTES SUED ON HELD INVALID Mausoleum Company Did Not Fulfill Obligations on Which They Were Given, OTHER RULINGS OF HIGH COURT (From a Statf Correspondent.) LINCOLN, April 16.~(Special.)~The name of Thomas H. Matters of Omaha, recently convicted and sentenced in con- nection with the wreoking of the First Natjonal bank of Sutton, appears promi- nently in a supreme court opinion handed down today in the cmse of F. F, McEMhinney against John H. Harte. The case is one appealed from the Douglas county district court. The high court affirms the judgment of the lower rt, which was for the defendant and against the plaintiff in his suit on three promissory notes for 36,600 each. The notes were given to Matters and by him assigned to the plaintiff. They were for stock In the Nebraska Mauso: leum company, which Matters wak pro- moting Condition Not Fuifilled. The notes were conditioned upon a de- posit of $49,000 being made with the Ne- braska company and an indemnity bond being filed guaranteeing the validity ef the patents under which the company ‘was to operate. The patents were held by the lowa Mausoleum company and the new company was to have the Ne- braska ta in them. Matters, as the court finds, was an agent for the lTowa company In financing the Nebraska con- ocern, ‘The cash deposit was never made and the bond was not flled. As a consequence, aeccordin Nebraska company was rendered value less, mnd the consideration for the notes totally falled. The supreme colirt quotes the testimony of H. K. Burket, as pres- fdent of the Nebraska Mausoleum com- pany. The court notes that one of the patents was later held void by the United Sylvester O, Higbes, who shot and killed Thomas Csarnik near Monroe March 14, ‘was sontenced to fifteen years In the penitentiary by Judge Thomas in ::m after pleading gulity; to | degroe. . manufpcturers of bitu- paving maforisl, have decided to es- blish & branch of thelr industry in Ne- braska. Columbus is the first city to com- traot this paving material n Ne- Willlam H. Hansen, proprietor of the Columbua Rubber company, turned his stocks of goods over to the sheriff by vol- untary assignment. The labilities are $1,700. The principal creditor is his father. inaw, Gustave Kluck, with a claim of 1,000, | MADISON COMMERCIAL ' CLUB HAS BANQUET Neb., April 16.—(8pecial.)— son Commercial club ocourred this even- Ing at Huskins opera house, the ladies of the Methodist Episcopal church serv- Ing. covers were laid for 300. Dr. F. A, Long presided as toastmaster, and toasts Were proposed and lowa: “Cranking Up," . h president of the club; “Nobby Treads,' Charles E. Pearse; “Running on High," Arthur C. George, county fa “Mutfler Bxplosio; Nichols; "The Speed Limit." Farmer. Address, Roms L. president Nebraska Association of Com- | mercial Clubs, Oup “Jitney™ Uffer-—This and Don't miss this. Cut out this alip, en- close with 8¢ to Foley & Co. Chicago, | N, writing your name and address | clearly, You will recelve In retum a trial | package contalning Foley's Honey and Tar Compound, for coughs, ocolds and croup; Foley Kidney Pills, for pain in sides and back, rheumatiam, backache, kidney and bladder allments, and Foley Cathartic Tablets, & wholesome and thor- | oughly cleansing cathartio, especially | | court of Madison county in the case of the Farmers Loan and Trust company | States courts, Dridge Must Be Build. ‘The high court holds that the Farmers' Irrigation district must bulld .a bridgo 8cross Ita ditch for Peter O'Shea. In %0 doing it reverses and remands the Casé to the district court of Scott's Bluff county. The district had contended that the statute did not apply in thia case, because O'Shea had bought the land on both sides after.the ditch had been dug. The court holds that this mede no dif- fererice. Moreover, it says that the re- Quirement s constitutional, inasmuch as the lisbllity to bulld the bridge s part of the consideration for the valuabie vight of eminent domain, . Wire Company Loses Case, That the Western Union ‘Telegraph company was liable to . B: ‘Nash com- pany of Omaha for failure to deljver & telegram marked “rish,” even though its business nature was concealed by the fact that it was written in cypher, § the decision of the supreme court in a Douglaw county case. The telegram to New York brokers directed them to sell certain etock for the plaintifs, The tele- gram was not verdict was secured award of the board allowed Grimm but Letton dissent from Note May Be Sold. The supreme court reverses the distriet against Walter Planck and holds thut a note is not rendered non-negotiable by a provision for a discount of 6 per cent if baid tn full within f)fteen days from date. The note, for $587, was given for jeweiry ';:": assigned by the payee to the plain- Antmals Must Be Cared For. The district court of Pawnee county is affirmed in holding that the United States Hxpreas company must pay for a brood Sow ahipped by John Herold in hot Weather. The high court holds that the company did not use reasonable care in comforting to stout persons. Sold every- where.—~Advertisement. wetting down the animal s0 as to coel it oft. Governor Morehead Issues Arffi Day Proclamation (From & Staft Correspondent.) | LINCOLN, April 16 —(Special.)~General otmervance of Arbor day is requesied by | Governor Morehead and he hopes that the | Deople of the state will set apart Thurs- day, April 2, as befitting the day and each do his or her share in making the state more beawtiful in the future by planting trees, shrubs, ete. The proc-| lamation is as follows | "“The season aguin admonishes us that the day set apart as Arbor day Is near At hand. This day has come .to be recognised by many of the states as s §ood time to plant trees, shrubs, and thus the | not enly to gratity our own tastes for that which is beautiful, but realizing we are contributing to the welfare of thase | who come after us. “The trees thet so gratefully shelter! ua from the heat of summer were planted by hands long since vanished. We should be anxious to do that in this generation " The provision of the Re- “no board ordinance toms of the s p Btat- (the state of Nebrasks wet apart, Thurs- have “the force and | day, | that will bless those of the future. “Therefore, in keepiug with the cus. Past years, | as governor of the 224 day of April, 1915, Arbor day, | " |apa urgently request that at least & part ' any city |0 this day be sct aside by all the public | echools and public institutions of the state for the purpose of planting and cultivating trees and shrube, thus de- veloping in ourselves a sense of the love ;{mr:uunluulthuhmmm- “1 would also urge upon all the people to Join In making our state more plecsant to look upon by the planting of trees and thus adding to the beauty of the landecape. “Given under my hand and the great seal of the state, this 16th day of April, 1915, “JOHN H. MOREHEAD, Governor." ———————————————————————— l WHY HAIR FALLS OUT ! Dandruft csuses & feverish frritation of the scalp, the hair roots shrink, loosen and:then the hair comes out fast. Te #op falling balr at once and rid the scalp of every particle of dandruff, get & 3-cent bottle of Danderine at any drug sappears and the halv wiops coming out.—Advertissment ght| the question I8 | te the evidence, the stock of the ( MADISON, Neb., April 1. | lumbus, will OMAHA, SATURDAY, APRIL 17, 191b. Nebraska (FORTY BILLS STILL HELD BY GOYERNOR | Loan Shark Measure Will Not Be| | Effective Until First of | July. |SOME IMPORTANT ONES SIGNED | | — | (From a Staff Correspondent | LINCOLN, April 16.—(Bpecial.)—Gover- | nor Morehead has yet about forty bill which have not been signed.. So man came down In the closing momexts of | the legislature that the approval hopper was clogged. The loan shark bill, which hore the emergency olause in the title lacked that clause in the bill, so that its opera- tién will not go Into effect until July 1. | Whether more bills have suffered by the rush at the close has not been disclosed. Among the bunch of bills signed by the governor this mbraing, wers some important measures, among them the fol- lowing: H. R. 48-The Broome-Richmond-Heg- ley-Hunter-Palmer bill, etrengthening the corrupt practices law and giving candi- detés for office needed latitude in ex- Pense matters. | H. R. 708-County clerk to perform coroner’s duties, when regular offici charged therewith are out of county H. 'R. 28-The Van Duesen bill, giving cities and villages right to make levy for street olling. H. R. 8#4-—The Hunter bill, exeinpting Spanish-American war veterans from taxation. H. R. 610—-Makes mandatory on court to investigate bribery and perjury or evi- | dence Such, county attorney to file | :ug prosecu c:m;:yun: “Blll prepared | nd suppo: y Parriott of Nemaha. H, RO e brovides for an Towa e boundary line commission, same | K between Lf tamie and | counties. bers to be ap- | alt of r on bal is atate. | H. R. 6l4-The Lanigan bill, putting | ml ;:-nq::u-# prisoners from other | Te, om countles of this state to the state ties prison, upon the coun- | d removes axpenses from state | at XIT H. 97—The Dalbey biil, for registration at Fremont, Yor! lnfl. Grand Island, Norfolk, HBeatrice, prior to_spring election of 1916 and every Sl ygam thereatter. A 28~The Torren's optionai land | title rogistration law. Subject to adop- | ple of codnty, and tien op- Ith owners as to adherence | of Knights (Spec Madison council No. 1788, Knights be instituted on Sunday, fifty-thvee. Preparations indicatc city. Decorstions of the national colors are conspicuous and the predominant ex- [empliication of the order's inherent prin- ciple, “For God and Country.” There s ‘assurance of large visiting delegations from Omaha, Lincoln, Fre- mont, Scbuyler, Columbus and many ond candidates will meet at the opera | house at'10 a. m. and march to St. Leon- ard’s church, where they will attend high mass celebrated by Rev. Father Marcus Creek: Among men who can af- ford any price for a A\ A ) \' b “\\ ‘ & \ N l H suit you will find many who insist upon having Sam Peck or Stein-Bloch models. F you are a young man we advise grou to come in and try on a few Sam eck models, and our mirrors will show you your idea/ su:z. If you have a mature figure its one of Stein- Bloeh models that will point the way to the greatest clothing satisfaction you have ever known—style, fabric and workmanship. You See, Men, Its the Specialist Idea. E very conceivable pattern that a gentleman might wear this spring is to be found in our cases—and our prices range from— $15-$20-$2 Cbthes o Cullure Leonard. The choir will render with orchestra under the direction of with Miss Eila | Schludecker, O. ¥. M., of Humphrey, and of Columbus to Be |, reomen, v, ne of St st&l’ted at Madison \‘ Wiegand's festival mass, {accompaniment, Aot Father Muent mann at the organ At 1:46 p. m. the institution of the new council and the inftlatory ceremonies will APril 18, with a chartey membership of |occur at the Knights of Pythias hall an|$:45 p. m. & banquet to the members of eventful ocoaston for the parish and the |the council and the visiting knights will bo served by the women of the perish F. F. O'Gare of Hartington will preside & toastmaster and toasts will spénded to by Rev. Father Walsh, Battle Thomas F. Redmond, Oma Hugh J. Boyle, O'Nelll; Judge E. A. Cou- fal, David City: T. J. Doyle, Lincoln, and towns in northeast Nebraska. The knights |B. W. Gill, Madison. Father Mueaich be Apartments, flats, housss Ana cottages can be rented quickly and cheaply by a Bee "“For Rent” Ad. Adel- BHzzarad features so that mard proof. odorless. They are all priced very cream ocan, our price 49¢, ea and economical ice consumption. and the sanitary wire shelves, drain pipes, etc., are quickly removed every corner is easy to access when cleaning. has a well finished and well made hardwood case. They are {oterlined with mineral wool, they are made with white enamel or plain zinc provision chawmbers, either of which are rust guaranteed to be absolutely moderately, ranging aceording + $12.50 and up to $32.50., Havethe Central Figure on Your Furniture Bill The most economical ice cream freeser, re- quiring less ice and work than any other Blizzard Refrigerators are to style and size at 87,50, $9.75 The quickest ice cream freezer on the mar- ket, freeses ice cream in five minutes, abso- lutely sanitary, no solder on the inside of | RA \RD complete SIS mmmflmw-lmmuflm There are no inside seams wvery Bliz- See our beauti- fulthree room home outfits, | furnished | throughout with | quality furni. ture, everything complete $81.00. See our beauti- | ful four room home outfits, | furnished | throughout with | quality furni- ture, everything $110. You Make Your Own Terms at the Central B At Unconditional guarantee with every O Bl B X Bl R X T X O suit Dr Stores Extra Important Saturday Events Hair Switches Much Reduced We secured ‘an exceptionally fine lot of natural wavy switghes at a low price, which means a great saving to you 6':’% i ouhmay choose‘ St‘rom all shades, except gray. arily the price is $5.00. Specflll %or S‘turd“‘z'gs Transformations—Réachi all around the head; regular price $2. hA"u unusual value, for. ’ 1'45 Other Big Values in Switches Another lot of fine halr switches at prices far lower than usual. Note the following: * 20-inch at 6B¢. 244nch at $1.98. 22-inch at $1.50 28-nch at $3.26. 36-inch at $2.48. Shampooing, singeing, hair dressing, manicuring and lce-pack massage by experienced operators. Appointments made by phene. Brandeis Aluminum Cooking Utensils--- Great Value at a Little Price These goods are made of pure aluminum, nothing to flake or chip off; outlast tin or enamelware. Light in weight, but strong and durable; heat quickly, save fuel and will not scorch food. 500 Pleces for Saturday—Con- sisting of rice boilers, preserv- ing kettles, sauce rans. coffee pots, covered kett , R 1 T Quartet of Wall Paper S pec’ls Four big lots from the large rohase of the Thybone & Bauxton stock, Chicage, se- cured by us at 50c on the dollar. Thybone & Bauxton's Kitchem and g Bedroom Papers—A big selection; worth 53c. Saturday, 3 Y TRt e DB Thybone & Bauxton's Parior, Din- ing Room and Hall Papers—With borders to match. Regu- 5 éc lar 13¢c grade, a roll. ... .. e Domestic Oatmeal Papers—in blue, red, green, tan and brown. 30 iaches Regular 20c values, a roll. Liquid Gold Papers—For living rooms, reception halls and library A large assortment, worth Candy S pecials for Saturday Chocolate Black Walnut Clus- | Cream Dipped Cocoanut Balls— ters—With cream centers. Regw- | Rolled In pecan nuts. As- a pound........ adasbissh Con-