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The daily Gate City and constitution-Democrat. (Keokuk, Iowa) 1916-1922, October 26, 1916, Image 7

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn87057262/1916-10-26/ed-1/seq-7/

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THURSDAY! OCT. 26, 191&
Circuit Court Thro
finds That B|
Shoul^ii Have Pull
Copies of the decision made by
Judge Hunger in the United States
court of appeals in the mat
ter of the state of Missouri vs. John
son B. Angle, trustee in bankruptcy,
have been received here. The hear
ing was on a petition to reviBe the
order of the* district court of the
United States for the eastern district.
The federal court ordered that the
receiver named by the state court
turn over, certain property in his pos
session to the trustee in bankruptcy.
The decision by the circuit court of
appeals upheld the federal court find
In 1911 the court finds that D. H.
Sage assumed the ownership of the
bank previously established by him
self and W. N. Sage. On October 15,
1914, D. H. Sage notified the bank
commissioner of Missouri that the
bank had closed its doors and re
quested the bank commissioner to
take charge.
On October 16, 1914, a bank exam
iner took charge of affairs and ap
pointed McDermott Turner as special
agent to take charge' pending the
appointment of a receiver. On No
vember 21, 1914, the attorney general
of Missouri applied to the state court
for the appointment of a receiver.
MtfDermott Turner Qualified for this
office. The bank had a large amount
of deposits and its assets bad & face
value in excess of the amount owing
to depositors.
Trustse's Application.
On February 3, 1915, the trustee
made application requesting the
United States court for the eastern
district of Missouri to direct the re
ceiver to surrender to the trustee in
bankruptcy the property of the sage
Banking company. The court den'e-d
the request. On May 8, 1915, the
state circuit covrt in compliance with
trustee's application, made an ordei*
directing receiver to surrender pos
session of the assets after deducting
a sum it alIo-v6d as compensation to
receiver and attorney. An appeal
was taken to the supreme court of
Missouri. On May 24, 1915, the trus
tee renewed .bis application. for an
order directing receiver to surrender
assets. The court on August 16, 1915,
made the order that the receiver sur
render to trustee all the assets in
his possession or control beloncio?
to ihe estate of David H. Sage, doing
business as the Sage Banking com
pany, and it 16 of this order that
complaint is now made.
"The principal question presented
in this case is whether David H. Sage
owned the property that was held by
the receiver appointed by the state
court," the decision I'eads. "If that
property did not belong to D. H.
Sage the bankruptcy court was not
entitled to administer it. The ques
tion of ownership involves a consid
eration of certain portions off the
constitution and statutes of Mis-
Judge Munger,
ikruptcy Court
Court Holds That They Have First
Claims on 8«ge Banking
Corns Loosen,
Lifljfight 08
Nothing But "GETS-IT" Will Bo
This to Corns and Calluses.
you've ever had cca-ns, you'vsf
tried lots of things to getld of them
—-salves that eat your toe and leave
the corn remaining-, cotton rings that
make your corns bulge out like pop-
You Can't Hid* Corn Mbarr. Stop FM&f
Around! Um"GETS-IT"Tonichtand^
Sh the Corn* Vanbh.
eyes, scissors and knives that make
corns bleed and sore, harnesses and
bandages that fill up your shoe, press
on the corn and make your foot feel
like a paving' block. What's the use?
Why not do what millions are doiner.
take 3 seconds off and apply "GETS
IT. It dries, you put your stocking
on right away, ana wear your regu
lar shoes. Tour corn loosens from
the toe, it lifts right off. It's pain
less. It's the common-sense way, the
simplest, easiest, most effective way
In the world. It's the national corn
cure. Never falls.
"GETS-XT" Is sold and recommend-
ed by druggists everywhere. 25c a
bottle, or sent on receipt of price, by
El Lawrence & Co., Chicago, 111.
Sold in Keokuk and recommended
as the world's best corn remedy by
Englehardt & Co., Wilkinson & Co.
souri." Here follow several quota
tions from the various sections de
fining private banks, etc.
"The petitioners contend that under
these provisions, the Sage Banking
company was either a corporate body
or a separate legal entity from the
natural person of David H. Sage.
Viewing these provisions of the con
stitution and statutes it does not ap
pear that a corporation Is created by
the fact that cue or more persons
engage in the banking business and
comply with these statutory require
ments by filing a certificate and sub
miting to the inspection of the state
bank commissioner. Not only do the
statutes constantly recognize, permit
and regulate the conduct of banking
business by private bankers as distin
guished from Incorporated banks, but
they also refer to Individuals who so
engage in that business as owners
and partners and to the capital in
vested as his bank. Private bank
ers are defined as those who carry
on the business of banking without
being incorporated."
Not Bound by State Court.
The decision cites the opinion of
the Missouri supreme court in tne
case of the state vs. Sage and says:
"Ordinarily a court of the United
States accepts a construction of tne
statutes of a state by the highest
court thereof, but if such decision is
rendered after rights had accrued or
liabilities had been incurred which
are subject of determination by a
court of the United States, the latter
court is not bound by such decision
of the state court, but exercises its
Independent judgment."
At the conclusion of his opinion
Judge Munger says: "I am therefore
clearly of the opinion that the assets
of the Sage Banking company belong
to that institution and for that rea
son its creditors have a priority of
right to them over the rights of the
creditors of D. H. Sage, and that they
should be first applied in payment of
their claims and second if any re
mains thereafter in payment of his
The Right Way
Is the Healthful Way
1 Coffee'and tea disagree with a great many people and seience points ont
thevcaase—caffeine—the cumulative drug both of these beverages.
-is lifcirely free froift drugs orBiiy harmful substance.,
roasted with a bit of wholesome molaases, and is pure, nourishing, delicious
and healthful. ,w
A change fid.*coffee and tea W Postum has helped thousands it may
^."There's a
Don't stay stuffed-up!
Quit blowing and snuffling!
I Today's Betting Odds.
of "Pape's Cold Compound" taken
every two hours until three doses are
taken will end grippe misery an^
break up a severe cold either In the
head, chest, body or limbs.
It promptly opens clogged-up nos
trils and air passages stops nasty
discharge or nose running relieves
sick headache, dullness, feverishness,
sore throat, •, sneezing, soreness and
"Pape's Cold Compound" is the
quickest, surest relief known and
costs only 25 cents at drug stores.
It acts without assistance, tastes nice,
and causes no Inconvenience. Don't
individual creditors as provided by
Considering the opinion as a whole
this decision by the supreme court
of Missouri did not declare a bank
such as that here in question to be
a corporation, but to be a separate
business enterprise of the owners of
the bank and as such governed by
certain statutes of Missouri whicn
give priority to the creditors of the
bank over other individual creditors
of D. H. Sage. The question
here involved is not to whom these
assets shall be distributed, but what
court shall decide the question. ArJ
it was held that David H. Sage was
the owner of the property possessed
by the Sage Banking company it
follows that the administration of
those assets belong to the court of
bankruptcy, it is claimed that the
possession of the bank examiner, ot
the agent of the bank commissioner
and then of the receiver was such
as to place these assets in the cus
tody of the circuit court of Missouri
and that its prior seizure of this
property entitled it to continue to
final administration. There are sev
eral answers to this contention. The
possession by the examiner aj»d ny
the special agent of the bank exam
iner were acts of administrative offi
cers and not of judicial executives.
The application to the state court-of
Missouri for (ho appointment of a re
ceiver was not made until November
21, 1914, two days after the petition
in bankruptcy was filed against David
H. Sage in the U. S. court at Keo
kuk and aftar the exclusive jur'na'a
tion of the bankruptcy court had
been attached.
A final contention is made that the
court should not have ordered the
surrender of all the assets, but
should have recognized the deduction
of the compensation of the receiver
and his attorney. As the state court
was without any power to administer
any portion of the assets of David
H. Sage, it must be without power
to award compensation to its otucer
for performing part of that labor.
Boyd and McKinley of thfs city
appeared for the trustee, Johnson B.
Angle, in the hearing.
Dorothy Wlthrow Married.
[United Press Leased Wire Service]
MOUNT PLEASANT, Iowa, Oct. 26.
—Dorothy Anne, daughter of former
Iowa Supreme Court Judge Winfleld
S. Wlthrow, was married here Tues
day night to Ernest Ramey Cole of
[United Press Leased Wire Service]
NEW YORK, Oct. 26.—Even money
'on the returns from the country at
large, on Ohio and New Jersey and
10 to 8 that Hughes would win in New
York, were the chief betting odds In
the financial1 district today.
rt 18
Grocers pvprvwborp Postum.}^
A &
5 -v. .j
Black Smudge Across the November
Number of Metropolitan Maga
zine Contains Key to Mysti­
cal Figures.
Lawsuit Filed in New York Brings
to Light Alleged Reasons
Why the Article Was
No doubt a number of Keokukians
have been mystified by the strange
cover on the November number of the
Metropolitan magazine. At the top
of the cover page against a black
background is the line "The biggest
magazine story of the year." But the
story is inissing.
The cover depictB two figures, a
gloomy, beetle-browed Svengali, at
whose feet sits a young woman in a
gorgeous costume. This mystical
picture has no meaning unless one has
guessed what lies beneath the black
smudge that runs across the page be
hind the picture.
The Hidden Letters.
When the page is held up to the
light, underneath the black mark these
words may be made out, "Beginning
Illiodor's revelation of Rasputin, the
Sacred Devil of Russia." The Octo
ber number of the Metropolitan adver
tised the story, and promised it should
be a sensational story of the Russian
court as it is today, told by Illiodor,
driven from the court, who consented
to tell America about the influence ot
Rasputin on the court. But the story
does not appear as advertised.
According to light thrown on the
matter through a law suit that has
resulted, it would seem that the
gloomy figure on the cover page is
Rasputin, the Russian peasant monk
who dominates the czar's household
and the elite of Petrograd society,
the woman at his feet, the czarina.
Law Suit is Brought.
The following dispatch from New
York tells why the story was with
NEW YORK, Oct. 25.—Whether
certain articles dealing with the al
leged Influence of Rasputin, the so
called Russian mystic, over the Rus
sian court, and written by Illiodor, a
Russian monk, and alleged to have
been withheld from publication by the
Metropolitan magazine, may -be pub
lished elsewhere, is the object of in
junction proceedings brought by Illio
dor against the magazine in the su
preme court here.
The plaintiff asks the magazine he
restrained "from interfering with me
in the publication of my articles," al
leging that after the Metropolitan
had agreed to publish them for $5,000
"it seems now and with thn conniv
ance of the Russian governments the
Metropolitan magazine refused to pub
lish these articles and is willing to
pay me in order to suppress them."
Sees Injury to Russia.
Illiodor, who says he arrived in tho
United States from Norway, In June
last, alleged that "the suppression of
this information at this time when it
may weaken or destroy the Rasputian
influence and intrigue may work an
Incalculable injury to Russia and will
defeat the purpose for which I am
working and have suffered in prison."
Characterizing Rasputin as "an Illit
erate and uneducated peasant, who is
known as a pilgrim possessing certain
supernatural gifts," Illiodor describes
in his complaint the alleged domina
tion of Rasputin over the Russian
court, asserts that Rasputin Is strong
ly pro-German and is now "engaged
in a conspiracy to bring about a sep
arate peace with the Russian govern
ment," all of which wis to have been
the basis of his articles.
Promised Pardon and 925,000.
He alleges that when it became
known the articles were to be pub
lished he was promised by the Rus
sian consul general here, Oustinoff,
and Archbishop Bvdokim "$25,000 and
a full pardon so that I could return to
Russia if I did not publish them," and
that later on, "pretending to take up
the negotiations,' Oustinoff paid him
$1,000. The Metropolitan, he alleges,
clallhs the articles as its property,
and will enjoin him from publishing
them elsewhere. Illiodor claims they
are his through breach of contract.
Born to Mr. and Mrs. Elmer Argast,
Oct. 20, a ten pound boy. Both are
doing nicely.
L. R. Clark and wife spsrat last
Thursday in Quincy.
Felix Walle.s has moved into the
Arthur Triboulet house for the win
Mrs. Tanner and son from Stillwell
visited her daughter Mrs. Randolph,
one day last week.
Mrs. Harry Haneise visited over
Sunday in Keokuk, Iowa.
Mrs. Emily Hereon was called to
Keokuk last week to help care for
her niece, Mrs. Gabel.
Those on ihe sick list are Improv
ing at this time.
Mrs. Harry Winter was quite sick
last Sunday evening.
Miss Bess Gioom returned home
from Carthage Saturday.
Mrs. Hale is moving back from
Roscoe, Iowa, Into her house in the
west part of town.
Chas. Tanner of Leola, S. Dakota,
visited with relatives and friends a
few days last week.
Mr Wn of Fo^rs. N. Ps-
Siskin 1. -j-i-
Thin, brittle, colorless and scraggy
hair is mute evidence of a neglected
scalp of dandruff—that awful scurf.
There is nothing so destructive to
the hair as dandruff. It robs the hair
of its lustre, its strength and its very
life eventually producing a feverish
ness and itching of the scalp, which
if not remedied causes the hair roots
to shrink, loosen and die—then the
hair falls out fast. A little Danderine
tonight—now—any time—will surely
save your hair.
Get a 26-cent bottle of Knowlton's
Danderine from any drug store or
toilet counter, and after the first
application your hair will take on
that life, lustre and luxuriance which
is so beautiful. It will become wavy
and. fluffy and have the appearance
of abundance, an Incomparable gloss
and softness but what will please
you most will be after just a few
week's use, when you will actually
see a lot of fine, downy hair—new
hair—growing all over the scalp.
Danderine is to the hair what froi*,'i
showers of rain and sunshine are to
vegetation. It goes right to the roots,
Invigorates and strengthens them. Its
exhilarating apd life-producing prop
erties cause the hair to grow long,
strong and beautiful.
kota, was seen on our streets a few
days ago. He had two car loads of
"line" potatoes shipped back here,
selling at $1.50 per bushel.
The B. O. C. will meet at the home
of Mrs. L. R. Clark Thursday after
noon to do some work.
Rev. Saunders got "stuck" in the
mud Sunday morning coming up from
West Point, so didn't get here in
time to have any services.
Mrs. Martha Hayer of near Cotton
wood visited in our city several days
the past week.
Mr. John Rellcker who has been
in Dakota for the last two months,
arrived home Tuesday.
Mr. and Mrs. John Vogt, Mrs. Don
Reflor and Mrs. Mary Bert and little
boy and Clara Boll motored to Keo
kuk Wednesday to see a sick cousin
and friend who has been at St.
Joseph's hospital for a month for
This community was visited by a
heavy rain Tuesday.
Mr. and Mr.i. High Wedsteln enter
tained the latter's sister and husband
over Sunday.
Mr. and Mrs. L. £3. Haffner were
Sunday visitors at tho Walter Roth
Mr. George Reflor was In Milton
Monday on business.
Mrs. Sadie Washburn who has been
sick for some time is not improving
as fast as her many friends wish for
her to.
Rev. W. M. Kries filled his regu
lar appointment at Charleston Sun
Mrs. Anna Eergthold of New Bos
ton and daughter Meta, were In our
city on business Thursday.
STRING prairie.
Mr. and Mrs. John Abel and daugh
ter motored to Keokuk Wednesday.
Mr. and Mrs. George Rube and
family, Mdss Lela Young of Keokuk,
1 'was badly ruptured while lifting a tnrnk "Rube.
several years a
Doctors said my only hope of
cure was an operation. Trusses did me no good.
Finally I sot hold of something that quickly and
completely cured me. Years have passed and the
rupture has never returned, although I am doinr
hard work as a carpenter. There was no opera-
lost time, no trouble. I have nothing to
cut out this notice and show
are ruptored—you may save a life
the tni«cry of rupture and the
We save you $5 to $10 on a suit or over
coat and guarantee to fit and please you.
502 Main St., Keokuk 119 Pine St. Ft. Madison
Today—Tomorrow Everyday
o« 1•
Steel Cut
Palm Self
Olive Branch
Instead of the thousands of sickly,
anaemic-looking men, women and
girls with pasty or muddy com
plexions instead of the multitudes
of "nerve wrecks," "rundowns,"
"brain fags" anl pessimists wo should
see a virile, optimistic throng of rosy
cheeked people everywhere.
An Inside bath is had by drinking,
each morning before breakfast, a
glass of real hot water with a tea
spoonful of limestone phosphate in
it to wash from the stomach, liver,
kidneys and ten yards of bowels the
previous day's indigestible waste,
sour fermentations and poisons, thus
cleansing, sweetening and freshen
ing the entire alimentary canal be
fore putting more food into the stom
Those subject to sick headache,
bilousness, nasty breath, rheuma
tism, colds and particularly those
who have a pallid, sallow com
plexion and who are constipated very
often, are ur^od to obtain a quarter
pound of limestone phosphate at the
drug store which will cost but a
trifle but is sufficient to demonstrate
I the quick send remarkable change in
both health ml appearance awaiting
those who practice internal sanlta
tlon. We must remember that inside
cleanliness 1b more Important than
outside, because the skin does not
absorb impurities to contaminate the
blood, while the pores in the thirty
feet of bowels do.
and George Carr, spent Monday even
ing with Louis Ptett and family.
Misses Cecilia, Agnes and Anna
Hayes and Margwet Burke visited
Sunday with Hazel Fett.
George Pett of Hocla, Nebraska, is
visiting his relatives in this vicinity.
Dan Bergthold and Louis Fett
were Burlington callers recently.
Miss Lela Young of Keokuk, re
turned hopie Tuesday, after several
days visit with her aunt, Mrs. Geo-go
Misst^ Clara and Emma Bergthold
spent Sunday afternoon at the Mor-
rfssey home.
Avenue, Manasquan. N.J. Better
Mrs. Tom Heyes and fam-
Hy, Mr. and Mrs. Albert Halfner
at the
ya| Burke home.
Henry Horsey is very sick.
Mrs. Louis Fett was a Donnellson
caller Thursday.
or «t
it to any othets who Mr. and Mrs. John Schone and
stop Margaret Boyer visited Sunday
and dassw Mr
Buckwheat Flour
Ask Your Grocer
Don't eat bite of breakfast until you
drinK glass of hot
Happy, bright, alert—vigorous, and
vivacious—a good clear skin a nat
ural, rosy complexion and freedom
from illness are assured only by
clean, healthy blood. If only every
woman and likewise every man could
realize the wonders of the morning
Inside bath, what a gratifying change
would take place.
Mrs. Norman Craze of
By the Governor: [1
As an amendment to election proc-J
lamation issued by me on the 30th
day of September, 1916, and as part
thereof, I do hereby give notice and'ej 4
proclaim that at said election to be
held on the 7th day of November, '-,^
1916, the following proposed amend-1
ment to the constitution will be sub-! 1
mitted to tho electors of the state
for adoption or rejection:" i,3
"Repeal section seven
district, county and township officers
in the year 1916 shall be held in'
the same month and on the same,
day as that fixed by the laws of the
United States for the election of
presidential electors, or of president'
and vice-president of tho United
States: and thereafter such election
shall be held at such time as the
general assembly may by law pro
Wherefore al electors throughout
the state will take notice pnd the
sheriff of each county will govern
himself accordingly.
In testimony whereof, I have herfr
unto set my hsnd and caused to be
affixed the grj-at deal of the state of
Iowa this 24th day of October A. D.f
[Seal.] G. W. CLARICB.
Attest: Gvernor.
W. S. Allen, Secretary of State.
In the district court of Iowa, in and
for Lee county at Keokuk.
In the matter of the application ot
J. F. Kiedalsch, for permit to sell in
toxicating liquors as a pharmacist.
To whom it may concern:
The undersigned, J. F. Kiedalsch,
has applied for a permit to buy, keep
and sell intoxicating liquors for law
ful purposes as a registered pharm
acist In accordance with the law, and
he is doing business under the firm
name and style of J. F. Kledaisch and
Son, and the particular location
where the business is carried on the
lower" floor of the building known as
No. 1028 Main street, in the city oC
Keokuk. Lee county, Iowa.
The said petition is on file In the
clerk's office of the district court ot
Lee cojinty, Iowa, at Keokuk, and the
same will come on for hearing at the
next regular November term of the
district court of Lee county, Iowa, at
Keokuk, to be begun and holden at
1 Keokuk, on the 20th day of Novem
ber, 1916, and said petition has been
filed at least ten days before the
first day of said term, at which term
this application will be made, and
unless you appear thereto and defend
before noon of the second day of said
term, default will be entered against
you and judgment rendered thereon
as prayed for in said application and
*ff d*'. 4t«»i
'•,-,1^^ WllfS
(f) ot
two (2) of the constitution of Iowa 'J
and to adopt in lieu thereof the fol- 4
lowing, to-wit: 5
"The general election for state,
A. L. PAiRSONS. Applicant.
Attorney for Applicant.
TUB diamond BKAND.
talleil Ask
CklclMM«r« DUirn
Fills 1oRed sod
brtves. with
HW- B.OT •r Twmr
PimmI*. A**forCHI-Cin».TElI

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