4
We are placing on sale a large stock
out so as you can make your selections
PRICE 10, 15, 20,
Our assortment is good and prices
our windows.
ZUCKtAJEILER LUTZ
TIE OCCUPATION
1H
ON TIL
Suit Against Richard Cofield, Charged With Violating City Ordi
nance Hotly Contested by Defendant Who Won Out.
From Saturday's Daily.
The civil suit commenced against
Richard Cofield, the maa who was
arrested for selling earthen ware and
pottery In the city without obtaining
a license or ' paying an occupation
1ax, was tried yesterday and by the
court taken under advisement until
10 o'clock this morning, and by the
court decided adversely to the city.
In addition to bringing the civil
ult the plaintiff had an attachment
issued and garnished the First Na
tional bank, which held a $200 cash
deposit to protect the signer of a
bond required by Mr. Cofield In order
that he could have a continuance of
the hearing on, the misdemeanor
charge.
The civil suit was hotly contested,
h was the criminal prosecution, Mr.
Gering appearing for the defendant
And Judge Ramsey for the city and
A. L. Tidd for the Commercial club.
The contention of the defendant
was that he was engaged in interstate
commerce, and as the occupation tax
ordinance especially excepts inter
state commerce business from the
operation of the ordinance, he could
not be held to pay a tax, and asked
for a discharge of the attachment.
Defendant also contended that If the
court should take the view that he
NEWLY WEDDED WERE
"BELLED'THURSDAY NIGHT
Our esteemed friend, J. W. Sutton,
nd his bride, who were married last
Tuesday, were given an enthusiastic
reception on the evening of their ar
rival at their home In Liberty pre
cinct. The news of their coming had
already been noised around the
vicinity and every fellow got his cow
"bell in good trim for the charivari
which was planned for Thursday
night. J. W. knew the custom of the
neighborhood, for he had frequently
joined in similar festivities In the
iXCLUSIVE
QUik
L3TY
FOR SPRING 1911
When your fancy turns to new Spring
clothes, think of this store the store
that has never disappointed. In our 30
years experience we have never been able
to offer you such snappy, bright, fault
lessly tailored clothing as at the present
time.
Our purchases combine the cream of
the leading makers of fine clothing in
America, and ycu will find in our Quality
Line from $20 to $35, such exclusive fea
tures and patterns as the best merchant
tailor could give you, but at a saving of
$5 to $20. If you want a really good
suit, such as distinguishes the well
dressed man in any crowd, buy one of
our Quality suits they're thehst word
in style and quality.
C. E. Wescott's Sons
THE HOME OF SATISFACTION
of Embroideries. We have them
easy.
25, 35 and 60c
right. See the 10c assortment in
CS39
CASE
1 JUSTICE
was not engaged In Interstate busi
ness, that the ordinance was Illegal
which assessed a peddler's tax at $10
per day, for the reajn that the only
object of the ordinance Is to raise
revenue, and that a $10 a day rate
was so high that no one could afford
to do business, and that the object
of raising a revenue would be de
feated, by the prohlbatlve rate to his
business.
Judge Archer viewed the case as
having the Issues in favor of the de
fendant and dismissed the case and
discharged the attachment.
The plaintiff city has ten days In
which to appeal the case, and the city
attorney hopes the council will
authorize an appeal.
The Commercial club executive
committee held a meeting last even
ing and discussed the appeal, as well
as the ordinance, and It was decided
to ask the council to amend the ordl
nance to the extent that the rates
be not made prohibitive, and get the
ordinance In shape to stand the
Bcrutiny of the supreme court. Mr.
Tldd was appointed to consult with
Mr. Dwyer, chairman of the Judiciary
committee of the council, and to co
operate 'with him In drafting an
amendment to the ordinance to pre
sent to the next meeting of the
council. '
community himself and he provided
himself with Eome good cigars for
the anticipated serenade. The pans
and bell3 were not allowed to jingle
long before the crowd was liberally
supplied with cigars and cider. The
boys were treated handsomely and
the best of feeling prevailed and the
crowd dispersed wishing Mr. and Mrs.
Sutton a prosperous and Joyous
Journey through life.
George Berger and wife of Elm
wood, Harry Waltz, Charles Qulnn of
the fame city, and James Forbes of
Weeping Water were in the city today
attending a trial in the district court
In v.hlch Mr. Derger Is plaintiff.
SUITS
GENERAL CARTER
AT SANANTONiO
Spec'al Trains Carrying Troops
Arriva at Texas Pest.
GENERAL W033 TO 60 SOUTH
CMe' f Staff Will Make Trip of In-
spectlon In April Navy Carrying
Oi t Its Pirt of Operations War
ship! on Way to Guantanamo.
Washington, March 11. Major Gen
eral William H. Carter, commander ol
the division which is concentrating at
San Antonio, arrived at tho Texa
post today. Reports to the war de
partment indicate that nearly all the
troops which will form the division
have reported.
A city of tents has sprung up dur
Ing tho day. The camp is on a gentle
slope of the prairie, offering perfect
drainage. Colonel Clem, quartermastet
general of tho department of Texas),
has been ordered to secure provision
tor four months for 10,0;!0 men.
Major Gemral Leonard Wo d U
vas announce! t the war depart
nient. probably will go to the horde'
In April. The purp;o of his trip wl'
be to inspect the ctmy and command?
along the frontier.
The navy la carrying out Its part ol
the operations just a3 If the sudden
and extensive preparation of war ves
eels for active duty was a part ol
everyday life. Three ships of the Fifth
division of tho Atlantic fleet are now
now en route to Guantanamo, Cuba.
The armored cruiser Washington,
the remaining unit of tho division
which Is undergoing repairs at th
Portsmouth (N. 11.) navy yard, will
be ready for duty on March 15, when
it will be sent to join Its division.
The admissions in administration
circles that the military activity is In
spired by conditions in Mexico were
read with deep interest by officers oi
the army and navy, a majority ol
whom had accepted the earlier ex
planation that the operations were
merely technical exercise and drlllh
in thfi art of warfare.
JAPAN NOT AFTER NAVAL BASE
Baron Uchida Denies Report of Secret
Treaty With Mexico.
Washington, March 11. Japan has
never made the slightest effort to ob
tain from Mexico any concession for a
coaling station for naval uses at Mag
dalena bay, or All Saints' bay, or on
any point of the Pacific coast.
This was the emphatic declaration
of Paion Uchida, Japanese ambassa
dor to Washington, when his attention
was called to published statements
that through secret treaties or other
arrangements with President Diaz'
government Japan either had acquired
or was about to acquire a coaling sta
tlon or naval base on this side.
Alluliug to the fact that a new line
of Japanese steamers was to ply be
tween some "Mexican ports on the
north and Peru on the south, the am
bassador said that if this company has
made any arrangements for taking on
coal for Its vessels in Mexican terri
tory, which naturally would be neces
sary, of course, such nn arrangement
was on a purely business basis and
was such as is entered into by all
commercial lines of maritime nations.
CRAVENS IS IDENTIFIED
Escaped Murderer Is Doing Time for
Grand Larceny in Missouri.
Leavenworth, Kan., March 11. That
Ben Cravens, a notorious desperado of
Oklahoma and Kansas, who escaped
from the Kansas state prison Nov. 14,
1900, is serving a sentence for grand
larceny in the Missouri penitentiary
at Jefferson City under the name of
Charles Moss, was the positive state
ment of William Duckett, Bertillon
clerk In the Kansas penitentiary.
Duckett, who had Just returned from
Jefferson City, identified Cravens by
numerous peculiar scars on his body.
Standing rewards offered for Cwv
ens' arrest aggregate $10,000, of which
6,000 was offered by the Oklahoma
Antl Horsethlef association.
Cravens bad just begun to serve a
twenty-year sentence for murder In
Oklahoma, when with two other prls
oners be escaped from the Kansas
prison. Cravens and his companions
had made dummy revolvers with
wtilch they surprised their guards.
They were pursued by a posse that
killed one of the three fugitives. Crav
ens escaped.
The clue of Cravens' whereabouts
was given to the Kansas prison offi
cials through an anonymous letter
from an Illinois town. It Is believed
the letter was written by a man who
had served a sentence in the Missouri
prison.
James R. Wade Commits Suicide.
St. Louis, March 11. James R
Wade, president of the National Vac
uum Steam Heating company, was
found dead with a bullet wound In bis
head In his office. A brother, Festus
J. Wade, president of the Mercantile
National bank, said that his brother
undoubtedly committed suicide.
Roosevelt for Commission Plan.
Birmingham, Ala., March 11. Ap
proval of the commission form of gov
ernment In municipal affairs charac
terized Colonel pmsevclt's address to
the citizens of Lirminsham.
Z.
i.
OPERATION YESTERDAY
From Saturday's Ually.
Mr. Z. T. Ilrown, residing on
South Seventh street, who has been
in bad health for over a year, under
went a surgical operation at his homo
yesterday morning by which means
his physicians hope to restore him to
health. In the operation a large puss
sack was removed fj-om the patient's
side and the halt of one rib. The
operatlou was a very delicate one and
was performed by Doctors Livingston
and Cook. Mr. Ilrown was on the
operating table for two hours before
the operation was completed, but
came from under the Influence of the
anesthetic, and last evening felt fine.
This morning the patient, although
quite sore, was feeling as well as any
one could after going through suili
an operation. His physicians feel
quite encouraged over his condition.
Mr. Ilrown took a trip of two
weeks for his health last fall, hoping
to recover his usual strength, and
during tho summer his work was
shifted and he was sent to Alliance
for a time and later to Denver, but
the change did not seem to benefit
him. lie returned to his home and
laid off for a while and apparently
grew better and In January returned
to work at the shops. Ills strength
was not sufficient for the exertion and
within a couple of weeks after going
to work Mr. Brown was forced to lay
off again. Threo days ago he grew
very much worse and his physicians
decided on the operation, which was
performed yesterday morning. Mr.
Brown's nuumerous friends in the
city hope for his permanent recovery
and expert to see htm out again In
HICHLY ENTERTAINED AT
HOME OFKISS FERN L0H6
The DtuscheGesellschaft, which Is
composed of the Junior an Benlor
German class of the High school, held
a most enjoyable meeting at the home
of Miss Fern Long on High school hill
last evening. The principal amuse
ments were of the German variety,
one of tho pleasing, features of the
evening's entertainment being a pro
gram In which Rev. Steger gave a fine
address upon the German man and
his manners, which proved very In
teresting, as well as Instructive. Fol
lowing the program they "participated
In German rames and songs and this
very pleasart evening was concluded
with light refreshments.
ANOTHER PRESIDENT
FOR MISSOURI PACIFIC
J. W. Kendrlck, vice president of
the Santa Fe, in charge of operation
on the entire system, with head
quarters in Chicago, is authoritatively
I mentioned in St. Louis, New York
and Chicago as the probable succes
sor to George J. Gould as president
of the Missouri Pacific and the St.
Louis, Iron Mountain & Southern
railroad. It Is generally understood
here the office has been tendered to
Mr. Kendrlck and he has signified a
disposition to accept It. Mr. Ken
drlck Is now In Europe.
Mr. Kendrlck was born In Worces
ter, Mass., October 14, 1 853, and was
graduated from the Worcester Poly
technic Institute in 1 873. lie entered
the railroad service In 1 879 with the
Northern Pacific, being employed as
levelman on the Yellowstone division.
Next he was in the engineering de
partment on the Missouri division.
Mr. Kendrlck was put in charge of
construction on the Missouri and
Yellowstone division In 1880, and In
1883 he was appointed chief engineer
of the St. Paul & Northern Pacific.
He was promoted to chief engineer
of the Northern Pacific in 1888. When
the road went Into receivership In
1893 he was made general manager
and proceeded to reorganize the prop
erty. He was made second vice presi
dent of the Northern Pacific In 1899,
and In 1901 he went to the Santa Fe
as third vice president. He baa bed
second vice president of the Santa Fe
since October 4, 1905,
Read the Dally Journal.
MUK H OK AIMIIMMTIt ATOUX
IN THK MATTKK OK THK KHTATR
OK J(!IN . WAUilNOKIt, VK
t'RAHKU. Notice Ih hereby given ttint In piir
fliiurice of nn order of Hon. Harvey I.
Travis, JiicIks of the riixtrirt court of
the county cf ch.mb, dtate of NebrntikA,
mucin on the 7th day of March, A. 1.,
for the hhIp of (he renl entatA
hereinafter dom-rlbed, there will he mild
at the Houth front door of the county
court hoiine In the city of I'laltHniouth,
on the 3rd day of April, 1911. at the
hour of 11 o'clock a. in., at public:
vendue to the lilKhcat bidder for caMh,
the following dcHcilhcd real entato to
wit: Lota elirht (X) and nine (HI. In
block three U), In the village of Cedar
( reek, county of ( iihh. Mate or Ie
hraxka. .Said mile will remain open one
hour.
Imted tlila 7th dnv of March, A. IX
1911. CIIA ICl.l'.S W. STOKHIt,
Admlnlat rntor of eslule of John II
Wul I IriRer, deceiiHcd.
hash. s. i:A.vsr;y
ii ml
Wtl.I.IAM I5AMSRV.
Atloriii'VH fur Administrator.
MEXICO'S SPOKESMEN.
Enriqii3 C. Creel (Abova)
And Minister off -Financa
Jcse Y. Lhotour (Below).
V -.v It.
- - .y
(8) 11)11, by American Tress Aamiclutlon,
WILLIAMS' BODY
TO BE EXHUMED
Furlhsr Inquiry to Bs Made into
Death of Shenandoah Man.
Shenpndoah, la., March 13. At the
request of the heirs of the late T. J.
Williams and their attorney, Frederick
Fischer," the body of tho deceased will
be exhumed and analysis niado of the
stomach. The cause for tills action
lias not been made public by the heirs,
but It is presumed that the rather sud
den death of Mr. Williams has led
thcin to take this action. Mr. Williams
was iu his usual health until the day
preceJIng his death, which occurred
Jan. 17. That morning he arose as
usun',, ate some buckwheat cakes foi
breakfast and soon after ..was taken
seriously ill with acute Indigestion,
from the effocts of which ho died dur
ing the night. Experts will be brought
here to make the examination.
TEACHERS END MEETING
Northwestern Pedagogues to Lobby
for Four Normal Schools.
Sioux City, la., March 13. The
Northwestern Iowa Teachers' associa
tion closed Its convention here with
a stormy session, precipitated because
tho nominating conimiltee recom
mended for election men who were ab
sent from the business meeting. The
resolutions recommend four new nor
ml schools in Iowa and the associa
tion mimed a committee to lobby In
Dos Moines to get the additional
schools.
The following were elected officers:
J. J. Kae of llawardon, president; J.
K. Fitzgerald of Sioux City, vice presl
dent; F.nmia It. Kellar of Rockwell
City, secretary; J. G. Hobt-on of Sloui
City, treasurer.
Trial of Mrs. Krelter Postponed.
Aberdeen, S. D., March 13. At the
r'nuo8t of tho prosecution. Judge Mc-
Nulty postponed the trial of Mrs. Eva
May Krelter for the alleged murder
of her husband, Philip Krelter, near
Heela, three weeks ago, until the fall
term of tho state circuit court. Th
attorneys for the defnnBe protested
against the delay and professed them
selves ready for trial, but the court
took Into consideration the slate at
torney's pica that he needed more
time to secure evidence and consented
to tho postponement.
Bad Landslide In Vesuvius.
Naples, March 13. A severe earth
quake, accompanied by strong detona
tions from Mount Vesuvius, occurred.
Investigations showed that a great
landslide had dropped from the upper
part of the crater. It Is estimated
that it measured 1,000 by 250 feet and
when It fell It caused enormous clouds
of smoke. The Funicular railway was
badly damaged.
Rules on Iowa Convention.
Des Moines, March 13. Attorney
General Cosson ruled that a successor
to Congressman Walter I. Smith of
the Ninth Iowa dlstr'.ct must be nomi
nated at a convention and that the
delegates nniHt be selected at cau
cuses. The delegates selected at the
last primary cannot bo reconvened,
the attorney general holds.
v ' ?
i A V V'i5" " V
CONVICTS SAW
OUTJtfPRISOfi
Jasss Smith, Slayer, and Three
Comrades Escape.
KITCHEN GASC CUTS BURS.
Make Their Way Out of Penitentiary
Window In Early Morning Police
. Are on Lookout for Four Fugitives.
Murderer Serving Ten Years.
Lincoln, March 13. Jesse Smith,
murderer from Omaha, serving a term
of ten years In the state penitentiary,
and three fellow convicts escaped at
4 a. m.
Those who escaped with Smith in:
Joseph llushnell, serving a four-yeai
term for burglary; John Hayes, throe
years, robbery; Charles Peabody, for
gery, five years.
Tho men were in the prison kitchen.
At 4 o'clock they were released from
their cells to help prepare breakfast.
When the cook arrived tho men were
gone. Four Iron bars sawed from the
kitchen window explained the method
of their escape. Notification has been
sent broadcast.
Omaha, March 13. Jesso Smith was
Convicted of murder here for the kill
lug of a piano player at Dlvls' saloon
Smith came to Omaha from Montana
In the course of a drunken quarrel
with the piano player Smith went out
and purchased a gun. Ho returned
and, entering tho saloon by a rear
door, shot his victim to death on tho
spot.
DOUBLE TRACK ACROSS STATE
Extensive Betterments on Union Pa
cific Are Announced.
Omaha, March 13. Double tracking ,
of the Union Pacific main line In Ne
braska will lie finished this summer.
An order calling for the completion of
the double trnck in this state was Bent
out by President Ixvett of tho Harrl
man system.
Tho order specifically calls for th
immediate double tracking of tho
Union Pacific lino from Julesburg,
Colo., to Pine Bluffs, Wyo., a distance
of 100 miles. Pine niuffs is Just over
the Wyoming side of the line.
This will mako the first complete
douhle track lino across the state of
Nebraska. Tho Union Pacific, the first
line to build ncross Nebraska, Is also
the first line to have a double track
across tho state. In connection with
the Northwestern lino by traffic ar
rangements, the Union Pacific now ha
the use of a double track line from
Chicago to tho Rocky mountains.
PLATTE POWER PROJECT
Construction of Canal for Hydro-Eltc-trio
Company Started.
Omnha, March 13. Work on a
P'atto river power plant project fo:
the development of 20,000 horse powe
to be delivered In electrical energy ti
eastern Nebraska consumers has bee t
started. This plant will bo construct
cd across the river from South Bend.
The head of water Is to bo delivered
by a canal leading from a dam in tin
Platte. Two storage reservoirs wit
a surface area of 600 acres will b'
constructed.
The dam across the Platte will b
2,000 feet long It will only bo used
for the purpose of diverting the water
Into the canal. The canal will be car
ried ncross the Elkhoin river in a con
creto flume
A head of seventy five feet of wate
will be attained at the power house
With this headway, there will be do
veloped about 20,000 horse power
twenty-four hour per day.
Settle North Platte Postoffice Fight
North Platto, Neb., March 13. Ar
cording to a telegram received froi.
Congressman Kinkald, B. S. Davis ha
been appointed postmaster of this clt
and tho president has signed his com
mission. Tills ends a controversy o
more than a year's duration. Ther-
was a three-cornered fight, In whlc
the present incumbent, W. T. Thorny
son, who has held the olllce for the
last two terms; B. S. Davis and Ira 1
Dare were opposing candidates.
Wolves Annoy Omaha Suburb.
Omaha, March 13. Wolves that find
hiding places In the rough countr
north and west of Florence, a subur j.
of Omnha, have been doing much dam
age to poultry yards Inside the limit
of the town as well as on adjacent
farms this winter. With the aim ot
exterminating the pests, a wolf drive
has been arranged for March 19.
professor John Z. ScheH Dead.
v Endlc jtt, Neb., March 13. Professor
John Z. Schell died at his home a mil
south of Endlcott as a result of grL
which developed other complications,
professor Schell was one of the prom
Inent public school teachers of ti e
state, having spent almost thirty si;
years In that profession In Nebraskj
Goulds Will Not Attend Meeting.
New York, March 13. It is under
stood here that neither George J.
Gould, the retiring president, nor K.
brother, Frank J. Gould, who has rV
lied himself with the "Independent ,
will attend the annual meeting of t -Missouri
Pacific stockholders in S
Louis tomorrow. Four representativ
of the Independents, among them I..
Williams, a candidate for director
will bo on hand, however.