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Cape Xorma! School
AND THE CAPE COUNTY HEARLD
CAPE GIRARDEAU, MISSOURI, DECEMBER 4, 1914
OLIVER SUES TO
FORCE LIGHT CO.
TO TAKE CAR CO.
Former Senator, Acting For
Stockholders, Asks Court to
Crder Uphold City.
SUIT WILL TEST THE
Lawyer in Petition, Says Street
Car Company Has Kept All of
The Cape Girardeau & Jaekson In
terurban Railroad Company, by its
attorneys, Oliver & Oliver, of this
city, filed suit yesterday in the Cir
cuit Court of this county, against the
Light & Development Company, in
which the plaintiff asks for the speci
fic performance of the contract for the
purchase of the street car line, which
it is claimed they have heretofore re
fused to perform on the ground that
the street car company had no legal
and valid franchise in the city of Cape
Girardeau; and on the further ground
that the Missouri Public Utilities
Company, successor of the Cape Gir
ardeau Water Works & Electric
Light Company, has not received a
gas franchise and other franchises,
and contract, as provided in the con
tract of purchase.
In an interview with a Tribune
representative last evening, Senator
R. B. Oliver of the firm of Oliver &
Oliver, in discussing the suit, said:
"The Light & Development Com
pany, in February, 1913, entered into
a contract with the street railway
company, to take over the railway
company on one condition;
That .tfrr city grant the Wate &
Light Cvmpiijy & pew franchise for
light and water; and upon the further
condition, that the city grant to the
railway company a new franchise re
lieving it from the necessity of ex
tending its line to Jackson, and elim
inating the right of the railway com
pany to furnish light to the city, and
also eliminating the right of a tele
phone franchise. In other words, the
street railway company wanted a new
franchise minus the light and tele
phone, and minus the obligation to ex
tend. "There, was a further condtion that
the street railway company should re
ceive from the City of Cape Girar
deau, a new franchise which should
be in accordance with the provisions
of the statute, what was teemed r
"Those things were all done by the
city, and the water works and electric
light company was granted a new
charter, and the new charter granted
the street railway company was
drawn by I. R. Kelso, attorney of the
light and development company.
"After that was done the light and
development company raised the ques
tion that the franchise given by the
city to the company was not a sta
tutory franchise, although it was
drawn by their own attorney.
"While that question was in contro
versy, L. Sv Joseph and W. H. Miller,
died, and the matter has since been
held in abeyance.
"The purpose of bringing the suit
is to determine whether or not the
franchise that the city gave to the
street railway company is a valid,
The case will come tip for trial in
Jackson at the January term, 1915,
of the Circuit Court.
HAD BEEN ODD
FELLOW SINCE 1839
Lexington, Ky., Dec 2 W. B. Emal,
97, said to be the oldest Odd Fellow
in the world is dead at his home here.
He was "a native of Cedarville, N. J.,
and had been a member of Friendship
Lodge of the city since 1839. He was
the oldest resident of Lexington.
3651 MINE DEATHS IN YEAR
Washington, Dec. 2 A casualty list
of American mines 'and "quarries is
sued yesterday by the Bureau of
Mines showed 3651 men killed last
year and estimated the injured at
100,000. This was a death rate of
39 in every thousand of the 1,047,
010 men employed. -
SAYS SHE DIDN'T
Rich St. Louis Woman, Sued
for $10,000, Denies Calling
RELATES HER STRUGGLE
TO AMASS FORTUNE
Son's Testimony Bars Him From
Witness Chair Lawyers
The defense in the case of Emma
Milford vs. Margaret Milford, com
pleted its testimony yesterday after
noon, and after the jury was given its
instructions by the court, the argu
ment was taken up by the attorneys
for the respective parties.'
The opening was made by attorney
Clyde Morsey, who was followed by
attorney Ben Marbury for vf.o
fense. Judge H. E. Alexander, who is
associated with counsel for plaintiff,
spoke for thirty minutes, and at the
conclusion of his argument, court was
adjourned for the day, and will be re
sumed at 9 o'clock this morning.
The testimony of Mrs. Margaret
Milfprd, the defendant, was chiefly in
denial of the charges made by the
plaintiff that she was responsible for
her son Richard's loss of affection for
his wife, and she also denied that she
had ever called her daughter-in-law
any improper names or made any re
marks as to her being unfit for the
wife of .her son. . , .. .
She related her early experiences
from the time she came to America
from Sweden, first working as a do
mestic and later marrying William
Milford, with whose combined efforts
in the restaurant and oyster business
they succeeded in amassing their for
tune. Richard Milford, husband of the
plaintiff, was called to the stand, but
as the testimony sought to be offered
by him was not permissable, he was
withdrawn from the stand.
Dr. E. E. Brand of St. Louis, the
physician who attended the youn
husband while in a hosnital in St.
Louis, where he underwent an opera
tion, stated that he had advised the
nlaintiff that because of the character
of the operation he did not deem it
advisable for the young man to en
gage in farm work.
Dr. J. J. Harris, son-in-law of the
defendant testified in corroboration of
Dr. Brand, as to the condition in
which the patient was left after the
T. 0. O'Connor, an attorney, testi
fied that he had questioned the plain
tiff and that her statements were to
the ffect that she did not care o main
tain her relations as wife any longer
Mr. O'Connor stated that he was
sent as the agent of the defendant to
interview the plaintiff.
REVELLE OPPOSES TAXING
LIFE INSURANCE PREMIUMS
Jefferson City, Dec. 2 State Super
intendent of Insurance Charles G. Re
velle has ruled that it is contrary to
the spirit and letter of the Federal act
for life insurance companies to re
quire the insured to pay the war tax
on insurance premiums. This tax
amounts to one-half of 1 per cent of
the premiums and amounts in Mis
souri to approximately $45,000 a year.
The Superintendent wired insur
ance company officials and their repre
sentatives that while under the pres
ent laws of Missouri they have the
right to fix rates within the State,
they should not undertake to compel
the insured or the agents to pay this
Federal war tax.
SLAIN IN MAN'S HOME
Atlanta, Ga., Dec. 2 W. B. Car
hart, president of the Carhart Shoe
Manufacturing Company, shot and in
stantly killed James P. Callaway, a
prominent business man, in the Car
hart residence today. Carhart claims
he mistook his victim for a burglar.
MKfc m "m'"' 4 n f " J
Vl On r ' .vi- vw . . t. ..x.,...... .'. v-v.r- . 5. w... , ",..,. . JSij-
Entrance of the Suez canal at Port
300,000 Babies Die Each i
Year Through Ighorance
Seventy-five Society Women, Who Are Attending Lec
tures By Dr. Schwarz, Are Told How To
Keep Infants in Health.
Dr. Henry Schwarz of St. Louis,
who has been called to Cape Girar
deau on surgical cases frequently, is
delivering a series of lectures at
Washington University, St. Louis, to
a class of 75 society women on "Par
Dr. Schwarz, who is a brother-in-law
of Dr. Otto E. Forster, Vice-President
of the First National Bank, is
considered one of the leading obste
tricians in this country, and he is en
deavoring to impress the women of
St. Louis, especially those of fashion,
that ignorance is fatal. In his lecture
Tuesday, which is especially interest
ing to young mothers, he said:
"In the Department of Agriculture
at Washington pamphlets' regarding
health and disease of horses and cat
tle require editions reaching the mil
lion mark but jthe demand for the
pamphlet on 'Parental Care' has so
far been quite modest. The existence
of the Children's Bureau at Washing
ton, D. C, and its willingness to im
part information regarding expectant
mothers and on all matters of child's
welfare does not appear to be suffi
"The pamphlet will be sent free of
expense to all who ask for it. The
Childrens' Bureau, in time, hopes to
reach expectant mothers in all parts
of the United States. This pamphlet
gives detailed information on hygiene
of motherhood, complications arising
from motherhood and how to avoid
them, preparations for the mother,
outfit for the baby and the care of the i
"The Government's interest was
aroused after the Census Bureau es
timated that 300,000 babies under 1
year old died in 1912 in the United
States. In the registration area, h
said, more than 42 per cent of the in
fants dying under 1 year of age did
not live to complete the first month
He enumerated the principal dan
gers to the chUd as broken limbs,
mental deficiency and epilepsy and to
tal blindness due to opthjslmia neona
torum, a disease of the eye. Compared
with these injuries which handicap the
individual for life, and which fill elee
mosynary institutions at great public
expense, he said, the death of the baby
is often a blessing in disguise. Such
injuries, he said, are usually due to
failure to have medical attention for
many months preceding motherhood.
Twenty-five per cent of the inmates
of institutions for the blind, he said,
have lost their sight from opthalmia
neonatorum, which is contracted at
birth. The disease, he said, is abso
lutely preventable and can be checked
in its early stages by one drop of a
2 per cent solution of silver nitrate in
The propoganda for the "Twilight
Sleep," Dr. Schwarz said, has called
universal attention to the fact that, in
spite of all modern advances, a large
number of women do not receive the
protection against pain to which they
are surely entitled, and in this respect,
he said, this propoganda will undoubt
edly help to bring universal relief
quicker than it would come otherwise.
He cited the use and effects of various
"We have as yet no adequate means
of taking proper care of the large por
tion of., our population," he said,
"which is not poor enough to be en
titled to the free use of obstetrical
TURKEY MAY STRIKE AT
Said, Egypt, with statue of Ferdinand
dispensaries, and yet not rich enough
to be able to afford the luxury of a
trained nurse at $30 a week, and the
high priced accommodations of the di
visions of private hospitals. What is
needed for this class of persons are
hospital accommodations at a moder
ate price, including nursing and spe
cial attendance, and yet with the com
fort and dignity of a private room."
The department of obstetrics of the
Washington University Medical school
of which Dr. Schwarz is chief, hopes
to set an example in this respect when
it moves into the modern Women's
Hsopital, which he said had been
promised and which would be erected
in connection with th6 other buildings
of the medical school. For the pres
ent this department will carry out its
work in ample temporary quarters
provided for it in the .Barnes Hos
pital, in the dispensary building ' and
in the laboratory buildings.
POLICE FIRE AT SOCIETY
WOMAN IN AUTOMOBILE
Accused of Speeding After Hitting
and Injuring Man.
Chicago, Dec. 2 Mrs. Hugo Du
Brock, wife of a wealthy shirt manu
facturer and prominent socially, was
arrested early today after an exciting
chase, in which the police fired sever
al shots at Mrs. Du Brock, who was
speeding away in her automobile. The
police say she ran down and seriously
injured Richard Staple, 56, and then
forced her car at high speed through
a crowd that attempted to detain her
until the police came.
Mrs. Du Brock was returning home
with a party of friends. Two women
in her party became hysterical when
the policemen's bullets began to sing
about the speeding auto. Detectives
commandeered another car and cap
tured Mrs. Du Brock.
4 LEE LINE PILOTS WHO
STRUCK ARE SUSPENDED
Were Accused of Leaving Steamer
and Intimidating Men Who Took
Memphis, Tenn., Dec. 2 Harry
Fitzgerald, Charles F. Nellis, Eugene
Hampton and Guy Walker, former
Lee Line pilots between Memphis and
St. Louis, today were suspended for
CO days for leaving a Lee Line steam
er Sept. 7 last, when no other pilots
were on hand to take their places.
They were also charged with intimi
dating pilots who took their places.
The four men were being paid $100 a
month, but asked for $125, which was
refused. The suspension was ordered
by United States Inspectors Wycoff
POSTOFFICE ROBBED OF $13,000
Walsenburg, Colo., Dec. 2 Bert
Howard, private in Troop, F, Fifth U.
S. Cavalry, was arrested here today
following the theft of $15,000 from
the postoffice last night. Officials
said $4S00 was found in Howard's
mattress. The money had been ship
ped from the First National Bank of
Pueblo to the First National Bank of
de Lesseps In the center.
Young Ikil Hoch is
Ready for Invaders
Builds Fort in Bad Yard
and Calls Himself the Kaiser
War Neivs Inspires
Master Phil Hoch, youngest son of
Mr. and Mrs. Phil A. Hoch, has de
cided that this city is likely to be in
vaded by an unfriendly army and he
is prepared to take care of the Hoch
home, at least.
After listening to his father read a
few stories about digging trenches
and erecting forts, Master Phil, who is
ten years old, reached the conclusion
that quick action was necessary.
Without informing his family, the
young man retired to the back yard
and began to excavate. After he had
gone as deep as he thought safety de
manded, he threw up a breastworks
and began the construction of the fort.
Toy guns were installed and their
barrels were located so that he could
get .a line Jon the (bnemy no. matter
from which direction they approached.
After completing the bulwark, the
young man covired it over and on the
top he raised a small American flag.
Master Phil kept the secret to him
self, but his father discovered it. Mr.
Hoch was somewhat surprised yester
day morning when he looked out of a
rear window and discovered what
looked like it might have been an in
"I wonder what on earth that is,"
said Mr. Hoch to his wife, as he look
ed with astonishment at the mound.
The mystery grew deeper the closer he
came to the fort. When he was about
ready to summon the police, he no
ticed a small American flag waving
from the top of the contraption.
"That is some of Mister Phillip's
work," remarked Mr. Hoch, and be
fore he coulQ identify it, his young
son appeared. "What is this young
man?" asked the merchant of his son.
"Why' that's a fort," replied the boy.
"We can't let the enemy come in here.
I am going to repulse 'em. I'm the
The merchant took the young man's
word for it, and the fort is going to
remain until the war is over.
FOG EXTENDED FROM
ATLANTIC TO MISSISSIPPI
15 Ocean Liners Unable to Enter New
York Harbor; Traffic
New York, Dec. 2 A fleet of 15
ocean liners rocked at anchor in a
heavy sea today at the entrance to
New York harbor, fog-bound in the
thickest mist that has mantled this
section of the seacoast for 15 years.
The 500,000 comuters that come
daily from New Jersey, Long Island
and nearby New York State points
were delayed from half an hour to an
hour and a half, trains and ferries
creeping through a heavy cloak of
THe local weather bureau said the
fog extended over a wider area of
country than was ever covered by a
single fog before, and place its west
em boundary at the Mississippi River.
FOUR IN FAMILY BURN
Wilmington, N. CM Dec. 2 Four
members of the family of A. H. Mc
Neill were burned to death here late
last night when fire destroyed their
home i a suburb. '
The dead are:. Hannah McNeill, 21;
Amelia, 11; Walter, 8, and Wade, 3.
The parents and one child escaped.
Vienna Report Says Enemy is Flee
ing All Along the Southern
Front Typhoid Fever Breaks
Out in Belgian Army. .
GERMANS HAVE CAPTURED OVER
80,000 RUSSIANS IN 20 DAYS
In Official Report From Berlin,
Germany Corrects Misstatements
of Campaign in the East Still
Paris, Dec. 2 The Germany artillery today is hammering at the allied
line between Ypres and Arras. Reports reaching here stat that re-enforcements
continue to come up for the enemy in this section and the full quota
of 100,000 additional men is expected to be on the firing line within the next
Reports hare reached here that the Crown Prince is to transfer his head
quarters from the Fifth Army in the Argonne to Belgium, and may be given
supreme command of the German army of the west. It is believed here that
the German forces are about to make one more effort to pierce the allied line
and reach Calias. There are those who maintain, however, that such an at
tack will be withheld until after the fiphting in the east reaches a decision.
Berlin, Dec. 2 Reports from the front say that the enemy is retreating
all along the southern border.. The dispatches also state that an epidemic of
typhoid has braken out among the Belgians.
Pretoria, South Africa, Dec. 2 It is official! announced here that Gen.
De Wet, the Boer Rebel leader, was captured early this morning.. He is now
London, Dec. 2rA dispatch from Rom was. teceiypd, here .ate tonight
listing that the garrison of Adrianople had mutinied."" Reports reielvei tfdnl
other points confirm the Rome dispatch.
Amsterdam, Dec. 2 A Vienna message received here states that the
Austrians occupied Belgrade today. Earlier reports declared that the Ser
vian troops had withdrawn.
Fighting in the vicinity of Belgrade has been in progress almost con
stantly from the very start of the war. The first operations of the Aus
trians were directed against the city, the capital of Servia. The Govern
ment then was removed to Nish, where King Peter, his court and all Gov
ernment officials have remained.
Belgrade is on the Danube, directly across the river from the Austrian
frontier. The Austrian ritv of "emHn is near by. In the early fighting
the Servians blew up the bridge across the Save River leading from Sem
lin to Servian territory and managed to hold their own frontier. With the
first invasion of Ga'icia the Austrians abandoned their Servian campaign
for the time to resist the Russians. When the Germans came to their as
sistance, however, the Austrians were able to attack Servia with renewed
. Belgrade is strongly fortified and was subjected to severe bombardment
by Austrian monitors during the early part of the war.
Berlin, Dec. 2, by wireless to London The official statement issued to
"In the western theater of the war the enemy made insignificant advances
which were checked. .
"In the forest of Argonne a strong point of support of the enemy was
taken by the Wuerttemberg Infantry Regiment No. 120, His Majesty, the
Kaiser's own regiment. On this occasion two officers and about 300 of the
enemy's troops were made prisoners.
"There is no news from Eastern Prussia.
"In Northern Poland battles are taking normal course.
"In Southern Poland the enemy's attacks were repulsed.
"The report circulated in the foreign press that the 23,000 prisoners
taken by us at Kutno are included in the 40,000 Russian prisoners reported by
us previously is untrue.
"In the battles at Wloclawek, Kutno, Lodz and Lowicz, the Eastern army
has taken between the 11th of November and the 1st of December over
80,000 unwounded Russian prisoners."
Referring to the Russian official communication of Nov. 29, German
"A great story of success for the German troops has come to light in
the fighting near Lodz. The German forces were operating against the right
flank and in the rear of the Russians when they, in their turn, were attacked
bj Russians, who pressed them hard, coming from the east and south.
?The German troops turned from the Russians, with whom they were
engaged and fought a very bitter three days fight and broke through the
Russian ring. In doing so they brought with them 12,000 prisoners a9 well as
25 guns, and lost only one German gun.
"The German losses naturally were not small, but they certainly could
not be described as 'awfiiL
"It is reported from Posen that the Austrian Emperor has telegraphed
his congratulations to Gen. von Hindenhurg and appointed him chief of in
fantry regiment No. 69."
The official announcement is made that the German Emperor on Mon
day visited the troops in their positions at Gumbinnen and Darkehmen, East
It is officially reported from Vienna that the Russian defeat in the battle
of Homonna in Hungary, 30 miles northwest of Unghvar, was greater than
at first supposed.
"The enemy's position," says the official statement, was surrounded.
Both our wings directed flank attacks against thera and compelled them to
beat a hasty retreat with a loss of 100 killed or wounded and 1500 men made
"The total number of prisoners taken by the Austrian in the fighting
in Poland is 35.000. , .
"Archduke Frederick, commander in chief of the Austrian "army, con
gratulating Field Marshal Paul von Hindenburg on his promotion, emphasizes
the unvarying harmony which exists between the Austrian and German