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| ; Nebraska "HALL MUST PAY FIRE WARRANTS Nebraska Supreme Court Rules State Treasurer Has No Right to Refuse to Do So. FAWCETT AND ROSE ABSENT (From a Staff Correspondent.) LINCOLN, Dec. 3.—(Special.)—The most fmportant of the opinions handed down by the supreme court today was that in the mandamus suit brought by Fire mmissicner W. S. Ridgeli to compel tate Treasurer George Hall to pay war-| rants drawn for expenses of that depart- | ment. | The controversy which also about the same conditions in the pure | food depurtment resulted In much hard | fee Ings betwe.n Hall and the heads of | departments affected by the ruling and augatened at one time the closing down of the pure food, oil and fire commis- sion departments, but the food and oll | department finally fixed upon the plan of paying expenses of the department from fees collected and turning in the lalance. covered | |ernor a feeling that he would democratic j Nebraska {Effect of the Good Roads Meeting Upon (From a Staff Correspondent.) LINCOLN, Dec. 3 — (Special.)—Just what the effect of the meeting of good roads boosters will have on Governor Morehead's plans, regarding a third term for governor, will probably be shown later when the executive has had time to think about it | With a dozen men boosting him as a g00d business executive and sounding his ‘prnln’n. while a couple of hundred more {loudly and widly applauded the speeches, | it might create in the mind of the gov- like to carry his public career farther than just the governship and launch out for the nomination for the United | States senate, In any event the reception given the governor at the banquet held last night coln Commercial club and the enthusias- tic and even wild demonstration given whenever the governor's name was men- tioned, served to make the cold shivers run up and down the back of certain Hitchcock men present and gave every evidence that they feared the plans to Can’'t Refuse Payment, | in an opinion written by Justice Barnes | and concurred in by all judges, but Faw- | cett and Rose. who did not sit in the case, it s held that State Treasurer George Hall has no authority to rchlsn; payment of warrants drawn in favor of | Fire Commissioner W. S. Ridgell for tho expenses of that department. | Treasurer Hall had refused to pay | warrants contending that there had been no appropriation made by the h‘i(l!lnl\ll"l“ for the payment of the expenses of the | department and therefore he had no au- thority to pay warrants from that de-| partment. The court holds that the state treasurer | will be 200 shares of capital stock, Par|food. Hurriedly fumigating, the chief of cannot ralse the question of the uncon-|value $100. The company is remodeling | police lost no time in an effort | the hotel and will open it to the public | into communiecation with stitutionality of the act, the insurance companies which pay the tax to maintain the department being the parties to raise | that point. Purpose of Act. The court holds that the act creating | that fund passed in 1908 was intended to | be a continuing appropriation for the| ppbment of salaries and expenses of the | \re department and the treasurer may b | required by mandamus to pay warrants | properly drawn on that fund. H Judges Sedgwick and Letton do not con- cur in the entire opinion, but only in the | concluding section. The decision there- | fore really hinged on this one section | which denies the right of the treasurer to | ralse the question of constitutionality and is as follows: ARAALS By the act in question (laws o e Jegislature clearly intended that the money pald to the treasurer under the act should be applied by the deputy com- missioner to the payment of his salary and the expenses of managing his office and performing the duties thereof. ° right of the legislature to establish such an office and provide the fund for the necessary expenses, as this act does, is not questioned. The taxpayers, or partles upon whom the burden is cast, are not complaining. | The fund has been provided and the serv- ices rendered. If the statute is uncon- stitutional, and if the taxpayers could demand a return of the money, they are not_doing so0. They made no’ objection to the act when the money was called for from them. They have (if the act is unconstitutional) provided this fund. It is a general rule that parties not af- fected cannot be heard to challenge the constitutionality of an act of the legisla- ture. We do not think that under the| circumstances it is the duty of the cus- todian of the fund to prevent the applica- tion of it to the purposes for which it was provided in accordance with the evident intent of the legislature. We are of the opinion that it is the duty of the respondent to countersign and pay the warrant in question. The writ as prayed for is awarded. Custer Bank Case. Nelther the Custer National bank mnor in B. Cavanee, who was formerly | county treasurer of Custer county, can be held now for interest on county funds deposited in the bamk during the treas- urer's term of office. Cavanee was treasurer from 1906 to 1908 and deposited funds in the bank, collect- ing only on the amount the bank was entitled to as a county depository. The county sued for interest over this amount in the sum of $929 and lost the case in district court and appealed. Judgment is Affirmed. In an opinion by %udge Hamer the judgment of the Lancaster county dis- trict court is affirmed in a case involving the placing of advertising matter in a food package. The court holds that there is “no reasonable basis of classification v/hich will permit a package to be de- clared misbranded which contains one form of printed slip and another package not misbranded when it contains a like printed slip of paper merely because its words convey a different meaning. Such an artificial distinction cannot legally be made.” voluntarily Law of the State, “It is the settled law of this state that &n order of sale, a sale, and a confirma- tion of the sale, made after the death of a party to a foreclosure suit, subsequent to the decree, are impervious to collateral Jack,” is the opinion of the suprente court in a suit brought by the Omaha Na- tional bank against Smith F. Ferguson, executor. The high court reverses the Douglas county district court and dis- nisses the case. Remanded for Tria y Another Douglas county case Te- versed, in part, and remanded back for trial involves the title to property pur-| chased by one party and the deed made | in the name of another, the court holding that “Where one buys real estate for which he pays the purchase price and for convenlence takes the title in the name of another, the person taking the title will hold the property in trust for the one who pays the purchase price.” The suit was one In equity to establish resulting trust in and to certain real estute alleged to have been purchased by < ugust Doll, deceased, and to which the legal title had been placed in the name ¢t his nephew, Charles F. Doll. OLD SCHOOLMASTER LAYS FOUNDATION FOR NEW HOUSE STELLA, Neb., Dec. 3.—(Specfal.)—Wil- llam M. Wilkinson of Hoag, near Be- atrice, who was at Btella this week, laid the foundation for the Harris school Louse, five miles south of Stella, and in 50-51 taught the first school in the ais- trict at $20 a month. A barrel was used for the teacher's desk, and the pupils Lrought chairs from home for their seats. 1. W. Harrls, who was the director at the time, was buried yesterday. Robert Wood, the mode & or, and Dudley Bobbitt, | tne treasurer, have been dead several years. | Salisbury home on | gates to the race track to some other track might have miscarried, Notes from Beatrice Anl Gage County BEATRICBE, Neb Dec. 3.—(Special)— Articles of incorporation for the May Hotel company, which some time ago rurchased the Paddock Mbtel block, were filed with the county clerk Thursday. The capital stock is placed at $20,00 and the incorporators are E. I. Ma; Harran and J. May, ll of Omaha. There in a short time. As Miss Corinne Parent and Mrs. Lu- clle Holbrook were enroute home last evening from the theater a man stepped up behind Miss Parent in front of the North Fifth street, grabbed her purse and escaped. The purse contained only §2.60. She described he man as of medium slze and well dressed. Thomas Jensen, a farmer living east of the city, left today for an extended visit to his old home at Denmark. December 1, thirty-five years ago, Mr. Jensen left Denmark for this country. J. L. Schiek, whose son John has been captain of the second foot ball team the last season, gave a banquet Thursday evening for the foot ball squad at Scotty’s cefe. Coach Jones acted as toastmaster and responses were made by J. L. Schiek, Prof. Schmidt, John Schiek and Guy Rathbun, MADGETT CANDIDATE FOR GOVERNOR OF STATE (From a Btaff Correspondent. LINCOLN, Dec. 3.—(Special)—Willlam Madgett of Hastings, is now a full fledged candidate for the republiacn nomination for govermor, having this morning filed his personal application to be placed on the primary ballot backed up by a petition with the requisite num- ber of names. Enclosed with the petition were three celluloid toothpicks, on which were printed, “We pick Willlam Mad- gett for governor.” DELEGATES TO STATE IRRIGATION CONVENTION LINCOLN, Dec. 8.—(Speclal)—Dele- sixth annual convention of the Nebraska State Irrigation association at Bridgeport, December 7, 8 and 9, are: . P. Byron, Gothenburg; James T. Whitehead, Mitchell; S. Bears, Kearney: J. A. Hoke, Champlo ho . Anthony, Waugeta: Edwin J. Ashton, Lincoln; H. 3, Babeock, Columbus; Charles P, Roas, Omaha; F. W, Barclay, Beatrice; S8amuel Balley, Falrbur. Allen News Notes. ALLEN, Neb., Dec. 3.—(Spectal)—C. E. Utterback & Son of Orchard have pur- chased the local electric light plant and took possession December 1. These fam- ilies will move here as soon as they can secure a sultable location. The old P. P. Gaughran quarter section, seven miles northwest of Allen, was sold at public auction Thursday to Charles Bose of near Dixon for $50 per acre, John W. Barnes and Miss Elvena Beeks, living east of town, were married Wednesday at Dhkota City, and will make thelr home on the old George Barnes farm. Jumps from Upner Window of Hotel, GRAND ISLAND, Neb,, Dec. 8.—(Spe- cial.)—John Gronewald leaped from the gecond story of the St. James hotel to the pavement below under the impres- slon that a room full of men were after bim. His feet were quite badly lacerated. He was overtaken by officers while run- uing away from the place clad only in a union suit. He was returned today to Hagtings, whence he came, and where he has relatives. It is stated that he has Leen in the hospital in that city for some egram.)—Fire this afternoon destroyed the farm house of George Shaffer, three miles southeast of Beatrice. The fire started in the roof from an unknown cause. Most of the contents were saved. The loss is placed at 32,600, partially cov- ered by Insurance. The e of Rheumatism, Use Bloan's Liniment and you won't care what causes it. The first applica- tion helps. Good for sclatica, neuralgin %e. ANl druggists.—Advertisement. + Dec. 3.—(8pecial,)~The building committee and the city council met and accepted the new city hall. The committee was composed of Peter Young- ers, Jacob Wels and H. F. Mohrman GET RID OF HUMORS AND ‘AVOID SICKNESS Humors in the blood cause internal de- rangements that affect the whole sys- tem, as well as pimples, bolls and other eruptions, and a responsible for the readiness with which many people con- tract disease. For forty yeard Hood's Sarsaparilla has been more successful than any other | medicine in expell'ng humors and remov- ing thelr in Get Hood" rd and outward effects. 8. No other medicine acts like {it—Advertisement. Morehead's Plans' orasn at the Lincoln hotel given by the Lin- | switch the executive from the senatorial | { not delivered I_Nebraska \Grand Island Rejects | Offer of Union Pacific ISLAND, Neb., Dec. 3.—Spe clal)—After the proposition was before the ety council for over n y the prof- fered gife by the Union Pacific of cortain streete and parts of streets in this city was refected by the aldermen by a vote l('f six to two. Ever gince me platting of the original town of Grand Island, Front street has been an open thoroughfare {1t 1s part of the original 400 feet right-of- way. Only in recent years has the com- pany desired to extend side traks along parts of it. Only in recent years, too, has | there been a demand for paving it. The quit-claim deed, which was offered, pro- vided, however, that the company ecould use it for the purpose of trackage or platforms, and that no other railroad could use any part of it, or that any still different use could be made of It | without the company's consent. Twice | before has the matter been before the council, but no action was taken other |than to refer and refer again. Recently | the company asked that thé deed be re« - | |turned. It's rejection followed. ~ 1l | SMALLPOX PATIENT SCARES | GRAND ISLAND POLICEMEN | GRAND ISLAND, Neb, 3 | cia)~The police headquarters was some- | what astounded and® pee when Frank | Schran, with a well developed case of |small pox, walked into the place and demanded supplies for himself ang fam fly. 1t appears that he came here a weelk ago from Kansas City, that shortly there- |after he and his family found to have contracted the disease, and that they were promptly quarantined. Run ninz out of coal, he had phoned to the chairman of the county board's com | mittee having charge of the matter, and | coal was ordered, but it appears it was in time. Schram also de- | clarea that he was short of supplies of Dee. (Spo- were to get thg chairman, | to have the man returned to his home ‘.«M to have the home provisioned | BURLINGTON INSPECTOR | GIVEN JUDGMENT FOR $5,000| 1 PLATTSMOUTH, | clal)~Gus Johnson, inspector | Burlington railroad was awarded | damages In a suit for personal injurics by a jury In the district court yesterday He was Injured while in the employ of the rallroad at fts shops here on Ap-il |10, 1914. He fell from the top of a freight |car breaking nis leg in two places, an1 | also ‘mashing his hip, because a grabling | |iron had not been fastened, when he went | | to climb over the car to inspect the work done on it. He sued the company for $20,00. The jury after out for nearly | twenty-four hours, returned a virdict in [favor of the plaintff for $,00. In all | | probablity the case will be carrfed up to a | higher court, BROKEN BOW BANK GIVES | RECEPTION IN NEW HOME BROKEN BOW, Neb., Dec. 3.—(Special.) |—Opening of the new Security State | bank bullding, in course of construc- tion for some time past, was the big event of the week, The bank threw | open its doors at 2 o'clock Wednesday afternoon, and from tnen on until 9 | o'clock at night a continual stream of | visitors from town and out in the county were entertained in a lavish manner, Re- freshments ‘were served and all guests received boquets and boutonnieres as Neb,, car Dec. 3 momentos of the occasion. An excellent The Store of The Town Browning, King & Company TO-DAY affords vou a last opportunity to join the hundreds who have bought one or more of these $25, $28 and $30 Suits for $17.50 The response has been most gener- ous, but we ex- pected it and pre- pared accordingly. There remains a full assortment of sizes. You couldn’t pick a bad pat- tern if you tried. Genuine imported Tweeds, \\'nr.~lmls,‘ Cassimeres and Fancy Twist| |Cloths in every fashionable| shade, These Suits will not/| be on sale at this price after today. Browning, King ompany GEO, T. WILSON, Mgr, ORI T TR A, Nebraska orchestra was also In attendance. M0 people entertatned afternoon and evening. Over were the during Grand Taland W ith Ford Pa GRAND ISLAND, Neb, Deo clal)—=This city Is represented Ford peace ship by C. A. Sorensen, tary of the state movement for stitutional convention and organizer the of Nebraska's secre- | a con- of peace so University clety. Mr. Sorensen was advised by tele Eram at the last minute of an invitation and immediately indicated his aoceptanc and left for New York. Cermany Seizes Danish Cattle On Wa:y to Austria LONDON, Dec. 3.—A Copenhagen dls patch to the Reuter Telegraph company says that Germany has stopped all tran sit of cattle from Denmark and the S dinavian countries to Austrla. Local Austrian buyers state that all their transports of live cattle to Austria In the last fortnight have been selzcd by the German authorit ! It is the opinion In Copenhagen cording to this dispatch, that an ag ment exists between Austria and Ger- | many that as the first result of the | Balkan campaign Austria should get all,| its supplies from the Balkans, leaving Germany the sole rights to provisions from the north. n ac e Christian Churech Meet. | LOGAN, Ia., Dec. 8.—(Speclal.)—Special | meetings will be conducted at the Chris ‘ tlan church here through the greater part | ¢i February by Rev. F. A. Sword of Lanar] . according to {nformation given by members of the local church AT e ‘ng of Elghteenth, Ninetéenth and Twen | would be necessary to lower those street with a ninth wman chosen for particular calmness and intrepidity, who is the lighter. At come mang the nine jump into the trench and the lighter touches off the first bomb. The man who holds it must remember that the fuse has five seconds to burn and the bomb should explode at the last through the city would pay halt of the |for purposes of practice, cost of grading, as provided by law Stort In Jununry, This improvement would require lower STEEP DODGE HILL | | moters are anxious tp start the work In Petition for Grading Dodge from |January. The petition will be submitted to the council next Tuesday morning and AVailable moment just after landing in Seventeenth to Twenty-Second | (h. rirst step will be for the city legal | the enemy's trench. Bo he ’:“"‘““:"‘ - . ) it while he counts slowly and deliber- v Cle department to certity as to the sufficlency ] . oot o b onltallon SULICENEY | ptely, “A hundreq and one, @ hundred e | 1t is claimed that several property own m:’»‘--w'\“” b "‘:'y"“""“"“;“’“l‘hr”_. 1o tately AISO CUT DOWN SIDE STREETS | ... whose lots will be left rather high by gy - 4 % out may he throw. If his throw fs ac- have arranged for grading down to street | o "0 Ty i drop squarely into A petition for the grading of the |lcvel - { the opposite trench, sixty feet away, with Dodge street hill and Eighteenth, | The petitioners agree to walve damages. |, \onjjstic bang and a puft of white Nineteenth and Twentieth streets, |samoke. Then the whole nine men leap Douglas to Capltol avenue, was filed | out of thelr trench wtih a cheer and rush Volunteer Bomb e fo s their « ened A e o SRR : Allow, huroia the tntetroning. speon 4Bl clerics oftico by Scott King, eivit en- | QOrps Makes Rapid [ e wmerms's stropenora gineer. ' 2 . | But it 1s not often that the first bomb It is stated that the petition contalns PrOgI‘eSS n Pra,(‘,tlce reaches its target. It is no trifling mat- ienatures of record owners of £ per b |ter to throw a sputtering fuse and a -pound block of wood ¢ teet with cent of the property fronting upon the o of the Assoctated Press.) |ONe-Pound block of wood sixty fee streots mentioned. The last signors were o M The. London Vel |8ccuracy, and many of the shots go Senator Hitchcock and F. J. Hoel, which | unteer Training corps, n home defense | ¥ild. Frequently the volunteer throws too soon, and to remedy this failing his officers station fielders in the enemy's trench, who capture the prematurely thrown bomb and hurl it straight back Lrought the total beyond the & per cent mark and making the necessary majority This is the largest proposed downtown militla of m'ddle-aged men who occupy their late afternoons and Saturday halt- holidays training in the London squares grading project since Farnam street was and parkshave become far enough ad t st n o burs ™ bt the huddled vol- lowered many years ago. vanced to begin practice with mimie |0 burst in the midst of the huddied bombi unteers. Grade to Twenty-Second. Tn Hyde park, or Russell square, or any other of the numerous grass plots, the volunteers may be seen on any aftarnoon now, standing behind make-belleve trenches constructed of park benches ahd brushwood, winding themselves up with all tho contortions of a professional base ball piteher and thon madly hurling at |volving the rights to use the water of sach other curlously contrived blocks of |the Arkansas river for irrigation pur- | wood | poses, which has been in the courts for In n wsense these are mere Aummy |several years, has been virtually agreed | bambs; yet they aro to be regarded with i upon, It was learned herc today In Tenta plans show that it ls pro- posed to grade Dodge street from Seven teenth to a point 125 feet east of Twenty- cond street. The deepest cut would be | twenty-three feet at Ninoteenth street and the cut at Twentieth street would be tienty-two feet. At Eighteenth street a cut of ten feet would be made. The grad- | ;LONG-PENDING WATER SUIT SETTLED BY AGREEMENT PUERLO ,Colo., Dec. 3.—A compromise in the Kansas-Colorado water suit, in- th streets, Douglas to Capitol avenue, to meet the cut in Dodge atr a certain amount of respect, for they |authoritative quarters, Only detalls re- Englneers estimate that 10000 yards of (have real fuses warranted to ®o off with [ main to be adjusted earth would be removed and the esti-|a fputter, n.bang, & flash and a little mated cost of grading and paving would | cloud of smoke. $60,000.+ If the Improvement goes| Kight men comprise a bombing squad A “For -.;_I-Ye" ad will turn second-hand Le furniture into cash, Hift i ReiliiRe Boys’ Two Knicker Norfolk Suits, Comparison will never reveal the equal of these suits in Omaha. Sturdily built from service fabries, into smart Norfolk styles. lined Knickerbockers with every suit, no extra cost. IT'S TIME FOR WARMER ~ EXCESS SATISFACTION IN UNDERWEAR and this is the one store best pre- pared to care for your underwear needs, Woolen Union Suits. . Cotton Union Suits. . . oy Wool Separate Garments. .. Cotton Separate Garments. .. . Boe Dominant Values in Fur Lined—Plush Lined and Fur Overcoats—Omaha’s Greatest Showing This store is prepared as never before to serve your needs in these type of Assortments are double those of former seasons and values decis- ively better than you’ll encounter elsewhere, Northern Mink Lined Overcoats, Seal or Astrakhan Canadian Black Rat Lined, Otter Collar...... Russian Otter Lined Astrakhan Collar....... Blended Muskrat Lined, variety of collars . Blended Marmot Lined, Near Seal or Astrakhan Collar overcoats, 8ilk Plush Lined, Opossum Collar..... . Plush Lined, Fur Collar. .. | Quilted Lined Overcoats, Opossum Collar . First Quality Fur Coats, all hides. . ... ING Ormghis Largest Livest, Leadiug Ham Stor ¢ C o £2 to 85 Do Your Christmas Shopping in KING-PECK Better Valued, Hand Tailored Clothes Most extraordinary displays of $ $ $ super-styled Suits and Overcoats, recognized as $20 to $35 gar- ménthsheto 88, i ia ot hiaee Christmas won't seem just right in your old clothes. Arrange to enjoy this happy season,to its fullest extent. KING.PECK clothes will help a lot. Saturday is the opportune time to make selections. Overcoats for motoring, Street Wear, Service Coats and Dress Coats. Surprisingly attractive styles, pat- terns and fabrics. Never have assort- ments been greater or values better than now. World’s most distinctive $30 -$3 5 -$ 40 Styled Suits and Overcoats If you are a man with a hankering for the best the clothing world affords, then, sir, you are bound to be deeply interested in these clothes. Superior in every detail, and they cost but about half what your tailor would ask. Why not see them Saturday? [ What Better Gift for a Boy than a Mackinaw Coat None that we can suggest just now. It combines service, warmth and is as practical a gift as any boy ever received. Our extensive stocks afford a rare ii,:)::,lot“;]("h()”Si“g qpovmll Il B $3, $4’ $5, $7.50 5.00 Two pairs full Whatever your idea of a suit might be, it can be realized from our splen- did stocks. Daring styles, extreme conservative styles and all the varia- tions between, Patterns and fabries a plenty. b A STORE FULL OF GIFTS, THE VERY SORT MEN AND BOYS WOULD CHOOSE FOR FOOTWEAR Style, comfort and long wear are features identified with all K. P, Shoes, Cloth Top Sho inglish Styles Comfort Shoes Hi-Top Shoes $4 to $6.00 $3 to $6.00 .83 to $5.00 84 to 87.50 to $1.00 SOME SUGGESTIONS (five something' Practical, some- thing He is sure to appreciate. Our Xmas stock is the solution to most of your gift problems. ... 8100 Toilet Sets. . .. Collar. . .. pe Military Brushos N «. .81 to $12.75 $1.50 to $3.50 ...... o R Mo Collar Bags. .. .... $1.00 to $3.00 Leather Novelties, up from.........50¢0 -+ 830, $35, $45 and :gg mn: Shirts ..... ‘;Inbo and $5.00 CAROL A0 R0 2 8 44 4 Boxed Handkerchiefs. . . .. .81.00 to $1.50 .............. ceeeerer....$20 and $25 o oo el ooy ...... S8s00sseesastsaes sreesesseas $15 Xmas Neckwear. .. 2y A e GRS ceeeaene .. 315 and $26 Mufflers .. Gloves -PECK © s Bath Robes Lounging Robes. . . Smoking Jackets. House Slippers Silk Hose. . ... Fur Caps Gift Pajamas. Traveling Bags and Sweater Coats. . .....