MMM
2 THE OMAJJA BAXLY BEE : THURSDAY , DECEMBER K ? , 1897.
Omaha. 12-15-97.
here with the throng
Naturally and with the best of reasons the steps of the discriminat.
ng buyers of gifts tend toward this store. The certainty of finding the substantial , season m
able and sensible things sought is , we presume , the predominating influence , and then there
is that comfortable feeling that buying here is always safe that prices are right and that
frowns never meet the returning customer who is not quite satisfied. All of these have an
influence. The crowds are here and are welcome.
Agents for McCairs Bazaar Patterns roc ana ic no highc\
LACES
ttf
-f
LJICOS of
ovcrj
descrip
tion for
Christinas
work.
< ! Valoncl-
' ) cnncHln
" ru.nl and
Imltiitlon
nil widths , plain nnd dotted foatlnjr :
Cotton Luces In oream nnd white ! Bilk
Ibices , Chiffons , etc.
OSTRICH BOAS Don't fall to BOO our
line before buying -
20-Inch Ostrich Doaa from $2.50 to $0.oT
cnch.
Longer lloas In higher prices , up to
J17.00 each.
\Vo ulso have black I'lnmauo Hoas , 4o
InchcH lone at 75c , $1.00 and Jl.W each.
CORSETS "W. B.No. 410 mtulo of Cou-
f tlllo , with Biitccn strlpos in
White ana Drab ; also in fast Hlnuk ; of
lasting cloth ; White lined ; lijncd buat ;
two wida stcols ; double busk ; handsomely
lleascdulllt edging ut $1.00 ouch.
CHRISTMAS To assist you
BA ( iAINS IN THE in rr. a k 1 n ye
CLOAK DEPARTMENT yoiu1 ClM'lst-
m u s bolco-
tlona , we iitimo some very decided bar-
pains in out1 Clouk Dopurtmont ovoi y
Item is much bulow its value.
20 CHILmiKN'S HERITOR Coats , slzo
C to 8 yours , the last of our Immense
slick , ono price : to close , $1.73 each.
1C FINK FLUSH CAI'HS. beautifully
embroidered with jot and lirnla ,
tdtnmcd with fur , plaited back , Chtlst-
nras price , $5.00 each , worth double.
MISSES'JACKKT3 , sizes H. 1C. IS years.
You will Ilnd s'lmo rare bnrpuinn In this
line. Wu luivo them nt $1,75 und $3CO ,
worth $3.00 , $8.00 arid J10.W ) .
UNDERWEAR Ladies' Ribbed Swiss
Veals and Punts in
mixed wool nnd. cotton , 75o each.
Ladles' Natural Wool Itlblied Vests and
Pants , Jl.CO each.
Ladles- all Wool Sc.irlet Underwear , fl.OO
n garment.
Ladles' Kxtra Flno Fleeced lined garments -
monts , 60c each , open or cloned pants.
Ladles' mixed Wool nnd Cotton combi
nation suits , $1.00 each.
Ladles' Fleeced lined Vests and Pants ,
very nice quality , 2Jc each.
KID For the Holiday Season Wo
GLOVES are showing u roinurknblu
'
line of Gloves for all occasions -
casions for ladies , gentlemen and chil
dren
A read kid sbln Glove nt $1.00 Per pair.
The latest Paris novelties In embroidered
Kid Gloves. The correct 1'lquu Kid
Gloves , In all the newest and most
fashionable styles and coloring , tor
street wear.
The now liousquolalro Gloves In Kid ,
12 , 10 und 20 button length , for recep
tion and evening wear.
The newest liovelty In white plaoo Kill
Gloves\vlth jewel hooka ami embroid
ered to match the j wols.
All the latoat styles and highest qualities
In .Men's Kid and Leather Gloves , for
iitreet , dress nnd rldlnir.
All at most attractive prices.
or a demurrer or some specific writ or ac
tion presented to the court oa which a ruling
could bo based ,
"Thereupon Mr. Hall , aa attorney for the
pollco board , aiked tbit the case be post
poned ) until yesterday morning , In order thst
ho might examko the showing that was on
nli\ and make such showing aa ho might
desire , rod be prepared to argue the motion
for a temporary injunction. |
"Ycetcrday morning , when this case WES
called ; at the time appointed Mr. Hall ap
peared hero very 'briefly and stated that h3
had been Instructed by th'o pollco board to
take uo further action In the case and to
make no further appearance 'a court except
to Mate to the court that they Instiled upon
their .plea to the jurisdiction of the court.
Thereupon ho withdrew from the court room
and left theoiso to be argued and prownted
by the attorney for The IJeo Publishing com-
pany. That was done. Thu case was submit
ted to the court. It was taken Under advleo-
incnl uatll this morning.
"Throe proceedings up to this point are
rather remarkable. Here Is the pollco bord
of the city of Omaha asked by a proper writ
to come Into the court .ind ir.uke a showing.
It Illcu an answer , sets up a lot of matters ,
end tlieu at llio last moment abandons them
n'.l , except the plea of jurisdiction , and Its
attorney walks out of court , does aot argue
the plea to the court , nor does not state on
what grounds they c'alm that tholr pica
icstj. It may be a proper way for a litigant
to use a court , but tn my judgment U Is
jiot right ( or thess. If these defendants haie
any rights hcra. It Is their duty to aw 1st
the court In determining what those rlghta
are ,
BLAME HRSTS WITH THEM.
"Now , I have tnhcn this ease- under ad
visement , and examined the pleadings ami
the evidence , and am going to decide the
bolt I can. If there Is any m't-tako made in
thh case oil against this pollco board , or
ngalnat the World-Herald , It Is the duty of
theao people to lay the blame upon them-
Bolvc.i and mot upon the. court.
"Now , then , what Is thu issue in this
case ? I want to say at the outset that It
oenia that ( his police board , in collusion
with this newspaper , Im-o done everything
they could to 'befog the kauea of tlib can ? ,
, and to deceive the people of this community
In regard to what they arc ,
"Yesterday morning the Morning World-
' Herald comes out with the statement , 'LI-
I censjB board stone's pat. Will rralst en
croachment upon Its powers iclatlng to the 1
granting of ejlooni licenses. ' Now tbit state
ment Is absolutely and unqualifiedly false ,
eo far as the' Ionics In this case arc can * 1
corned. This court has not been aeked to '
Interfere with tills board In any way , chape
or manner , with reference to the Issuing of
saloon licenses , and If such a request had
be on , made It would have been refused abso
lutely end unequivocally without any hesi
tation.
"What Is the Question In this case ? Sec
tion ot chapter 1 , relating to liquor licenses ,
provldea that no action shall bo taken upon
such application ( relating to tha application
HANDKER
CHIEFS
Every desirable
quality for raon ,
women nnd
eli I Id run , from
medium to the
very finest
linen
Hnal Duchosse and Point Lace Hand-
kerchiefs. .
Initial , Hemstitched and Embroidered
Linen Handkerchiefs. (
At 23o each. The largest line wo have
over shown In women's all linen em
broidered and hemstitched handker
chiefs , z
23c each for Initial Handkerchiefs for
men und women , all linen , hand em-
„ broldcrcd Initial.
Men's White SHU Hemstitched Handker
chiefs at 25c , 60c and Too each.
WOOL
DRESS
GOODS
Jinny a
fllQQ Call
bo brifiht-
onud on
Christmas
morning
for a moro
trifle of
cost
briitht-
onod to
sttiy when
instcuil of n trinket you can buy stioh n
sensible jrift in the wtiy of u dross pattern -
torn for a moro trillu. Three great bar
gains.
IHC , HEDUCED FROM SOC AND 40C.
Standard Roods , and little prices , they
nro nil this season's goods , good styles
und uholce colors.
33C , REDUCED FROM ! -IOC.
These handsome cheviot checks are very
now nnd stylish , the check la not larjic.
beautiful quality for children's , and
misses' school dresses.
ToC , KEDUCED FROM -IOC.
Mixed cheviots or mingled novelties , you
would call them cheap at We , but for
Christmas selllnR the price we have
marked tlionrvi'i hurry them " *
Uomo early to a\9id b la ; a
GENTLEMEN'S Wo have just ton
SILK SMOKING Japanese silk
ZA.CKET5 , $4.00 Smoking Jaukots ,
embroidered , which
wo will close at1.00 each.
HOLIDAY For the Christmas table , era
LINENS a gift for a friend , these
splendid Linens will bo
satisfyin Nothing loss than best
would be iv wonder that wo can-say buch
"r " '
prices , _ * -
' * " * " " "
Dinner Set _ - * * -
Blpavhrtl Dnmask Table cloth , GSxM
Inches , and one dozen napkins , 20
Inches , to match , $3.W a set.
Hemstitched Bleached Damask Table
cloth. C-lxSO Inches , J3.50 each.
Hnnduomo Cameo Quilts In blues and
pink. ! , J2.2J each.
FiliiROd Quilts ! for metal bedsteads , J3.CO ,
J3.60 and $ J.OO each.
of the liquor dealer for a license ) , until at
least two weeks' notice ot thu filing ot the
same , hes been glvca by publication- a
newspaper published In said county , having
the largest circulation therein. Then the
statute goes on to provide : 'If there 'bo ' no
newspaper it may bo done by posting
notices , ' otc That Is the only provision that ,
I car. nnd In this chapter relating to this
question of the publication of notices. The .
statute says explicitly that It must bo In a 1
ttuwsaaper liavlns the largest circulation. ]
But the statute does not give to any court
or police board or anybody , except a liquor
dealer himself , the right to say what news
paper hns the largest circulation , when the
publication begins. *
BOARD HAS NO AUTHORITY.
"Our supreme court , In the case of
Plnzenscham , which was an appeal from the
liquor license board , tiled before the district
court when I was on the criminal bench. Is
affirmed by the supreme court , and that ques
tion was decided In that case , and I will
read the syllabus , the third paragraph : 'A
license board has no authority to designate
the newspaper In which the publication of
such uotico shall ho made , '
"Now , I say that the statute In express
terms docs not Klvo this pollco board any
authority In advance to designate what news
paper publication shall bo made In , and the
supreme court have said that they have no
such authority.
"Now , It seems to ma , and It has alwaya
sccnud to mo , that a nawspapor that Is good
enough to publish the notlco for the sale
of the property of the people In
this judicial district U Rood enough
to publish a liquor license In , but
that did not seem to have been the Intention
of the legislature , for they have not pro
vided that theao notices may bo published
la a legal newspaper , but In ono newspaper ,
and that newspaper having the largest cir
culation. Now , then , I suppose the object
of that was , cs has been stated , namely , that
on application for a liquor license shall
have as wide a notice as possible , and I sup
pose and I believe that that was the Inten
tion of the legislature. Now , then , any man ,
or any body of men , wh6 dealro to comply
with the law of this state , will see , eo farce
co ho la concerned , that his notice , or that
liquor notices are put In the paper having
the largest circulation , because that was the
Intent of the legislature , and this llconso
board , the Hoard of Flro and Pollco Com-
in lua Ion era , by their own plea , are the ones
that are interested In having the notices
put In the paper of the largest circulation ,
. so1 that they can hear all the protests that
nny bo brought HEalust the Issuance of 11-
* censes.
"Now , then , I state hero , thnt the Issue
In this case la not whether the question
of which paper has the largest circulation
nhall bo determined as to the validity of a
license thnt may bo Issued or may be refused ,
but the question In thla case. IB whether or
not thlo circulation shall bo passed upon by
this court as a Jurladlctloiul matter tor the-
excrclno of equity power.
"Tho functions of the board , as I under-
MEN'S
FURNISHINGS
Silk Suspenders
just the thinr ; for a
gift and our line
was never m o r o
complete.
Hand embrotdurod
satin buipeiulur.s
cold p 1 a t o il
buckles , iMn pair.
Fancy plaid nnd figured silk , suspenders ,
gold platted bucUtes , 72.25 a pair.
Fancy silk suspenders , with solid silver
bucklen , $2,75 n pair.
Fancy silk suspenders with solid silver
buckles , $1.75 a pair.
Fancy crochet nuspenders , kid ends ,
black , white , navy , maroon , light blue
and Unlit green , $1.X ( > a pair.
Plaid silk suspenders , ) l,25 a pair.
Plain black shutln suspenders , Jl.OO , J1.50
nnd $2.00 a pair.
Plain white satin suspenders , $1,00 a pair.
Men's cotton suspenders , 25c , COc , 7Jc
nnd $1.00 a pair.
HOSIERY Wo have just received a
vsry nicn line of Ladies'
Silk Hose in Black and plain colors
Pine Silk Black hose , with high spliced
heel and double toe , $2CO pair.
Also a very nlco spun silk Hose In black
only 31.GO. In nil sizes.
WOOL The most beautiful Yarns for
YARNS for knlttinir , orouholing and
fancy work are to bo found in
our stock.
Have you scon our Astrachan Wool
yarns.
Wo have some colors left that we close
out at 2Jc per skoln , former price 75c.
Our Starlight Spanish yarn makes dura-
bio mittens nnd gloves for children , 20c
per ukoln.
Fleur do LIs Floss Is silk anil worsted :
exquisite for fine work and novelties ,
lOo per skein.
Try our Lmly Grey yarn , It Is beautiful
for line fancy work , 20c per skein.
Our Utopia Ice wool Is the tlnest In the
land , lOc per ball.
FANS
Acceptable
Holiday Gift
a superb
absorttnnnt of
Hand Painted
and Spangled
Fans , mounted
on bone , shell ,
pearl , ivory and ebony sticks , in black ,
white and colors.
Hand Painted Fans , mounted on beau
tiful sticks , from $1.00 up to $15,00 e.ach-
NOTIONS , Venro " showing a very
hamlsomo line of ladies'
Fancy Gurtan ; , beautifully made up
wiin bows and buckles each pair conical
in a separate btix at 25c , 50c , T5c , SI.00
and 91.25 per pair. '
Ladles' fancy side elastics , -newest pat-
turns , at 25c , EOc nnd 7Dc per pair.
We also have a very nice line of fancy
garter elastic by the yard at 20c , 25c
and 35c.
stand them , are Judicial. When a liquor
dealer applies for a license , It Is the duty of
the beard to consider hla explication ,
to look at his service of notice by publi
cation , to hear any protest , and take evi
dence In the matter , and paes upon the
whole question , and grant him or refuse him
a llcer.t-e , and It seems to me that that Is a
Judicial function , and one ot the things to
bs decided by them Is , uhon they grant or
refuse a license , Is the question of whether
or not a proper notice has heed' published ,
ccd In my Judgment a board that acts Judi
cially has no right , 'before ' any application
for license Is made , to determine that ques
tion without a hearing.
BOARD'S KX PARTE PROCEEDING.
"Now , this board , Ini this case , did not
wait until a liquor dealer presented his
, application for a license and then take his
testimony ; they did not call In all the news
papers ot tills city , as they ought to have
done. If they were going to have a hearing
and give all these newspapers a chance to
show their circulation , It they so desired ,
and to obtain this prlatinjj If they could es
tablish tholr claim to having the largest
circulation. But , so far as appears to th&
couit , without notlco to anybody , unless It
bo to the World-Herald , they pissed a resolution
elution which , In a legal effect , plainly des
ignates the newspaper In which these mo-
tlces shall be published , and t'.v/s to the
liquor dealers ot this city , 'It you don't pub
lish your uotico In that now papar you dco't
get your license , because wo , as a board ,
notify you now that on the action that was
taken by the pollco board two years ago wo
bellovo tbit the World-Herald now has tha
largest oliculatlon.1
"Tho Dee Publishing' comrany comes Into
tttd court nnd says 'Wo are a newspaper ,
wo claim to have the largest circulation
of any newspaper In this county and In
this city ; wo claim thnt we have a prop
erty right In the publication of thcso
notices and that this board has not given
us a hearing ; tbit wo have not hnd an op
portunity to present the question of our
. circulation ; that thera U no Issue before
this board for determination when this
resolution' Is passed ; that this lesolutlon
works us an Injury In the obtaining of
these licenses for publication ; that It U a
valuable privilege to publish thcso licenses
for the- legal fees , We ask that this board
bo restrained from proceeding any further
Llttlo Girl the Victim of Impure
Blood Suffered Intensely Until
Hood's Sarsaparllla Cured.
"When three months old , my llttlo' '
daughter had eruptions on her face. , I
was obliged to keep her hands tied at
night and it was necessary to watch her
during the day. She would scratch her-
eoll whenever nho got the chance , until
her clothes would bo covered with blood.
Wo concluded to try Hood's Harenpurllln ,
because I had great faith in It , and after
nwhilo wo could see that flho was getting
better , People often nskeil 'How did
that child burn her face ? ' and they said
eho would certainly bo lolt with scars , but
Bho was not. It is now a year since aha
was cured by Hood's ' Bnraaparllla and bar
face is as smooth and white and soft
as that of any child. " Mns. WiLBtm
WELLS , Warren , Conn.
N , B. Do sure to got Hood's because
Mood's SarsapariHa
Is the best-In fact the Ono Truu lllood 1'iiriDcr.
Bold by all druggists. Si ; six for S.
Cllro IJver 15' | | to
, eajy
EJI ' r ni >
HOOd'S. PHIS UJteoasyUoiiurato.vto.
under the rosolullort * which thor hove pub
lished ; from InlorffOng with The IJee In
Ha solicitation ot business In publishing
thcso licenses. ' - -
DDK HAS ArtnOPEUTY RIGHT.
"Now. as I siy1,1 rAavo not hadr nil the
advlco In this c BOrperhaps , that I ought
to have , but I recollect somewhere , and I
bellovo authorUlcA1 ckn bo found that a
statute like that'trtifers a property right.
This statute saya-lthot the notlco shall bo
published In the p pr having the largest
circulation. The legislature not only Intended -
tended by that ntatuie that the applicant
for a liquor license should go to the paper
having the largest circulation , but that the
paper should liavp the right to publish It
because that rapor. would give It the widest
publicity. Now , then , whether they In-
twidcd thht OP not , 'the cffoct of the
Rtatuto Is to confer upon the newspaper
having the largest circulation the exclusive
right to publish these notices ; It Is valuable
and It Is a property right. As I say , I
cannot cite this morning any authorities
upon thnt proposition , but I have a dis
tinct recollection of coming across siich
authorities some years ago , and I nm
satlfled I could find thorn It I had the op
portunity to search.
"So then The lleo Publishing company
comes Into this court -with a property right ,
and they ask that thnt property right bo
protected. Now , then , hero Is a question ot
jurisdiction , as I understand It , from \Mr. \
Hall's statement , when ho was skirmishing
around the edges of this case. It Is ad
mitted hero , by Mr. Hall , for the pollco
board , that the police board had no power
to designate the newspaper. That Is ad
mitted. It Is admitted that two years ago , In
January , the pollco board did take that
power upon themselves and did say that
the Dally World-Herald hod the largest
circulation , and It Is admitted that this
present police board adopted a resolution ,
standing upon that finding which was made
two years ago. And now , then , It Is argued
to me , and I admit that I felt humiliated to
have a lawyer innko such a proposition tome
mo , but It was done here. It was argued
to mo that the finding that the World-Herald
In 1S96 or U9J , as the case may be , January ,
1SD6 , hnd the largest circulation at that
time , was an adjudication that It had the
largest circulation at this time , and that
this court and the pollco board were bound
by such a finding as that until It was re
versed or set aside.
QUESTION FOR TODAY.
"Now , then , It Is not a question of what
the circulation of these papers was In 1898 ,
In January. The question for our liquor
license applicant today to determine Is. what
Is the circulation of the papers today. Which
Is the one now In which ho Is to publish hla
notice or proposes to publish his notlco , has
the largest circulation ? That Is the ques
tion , and the II nil Ing by a police board of
two years' ago , which was made without any
authority whatever , as to what the circula
tion at that time was , did not bind anybody ,
not even this -police board or this court , as
to the circulation of the newspapers at the
present time.
"Now , to allow the good faith of that pica ,
let us suppose for a moment that two years
ago the pollco beard found The Dee had the
largest circulation , do you suppose that this
present pollco beard , by their attorney , would
come Into court and say they were bound by
that finding ? Not for a minute. In my Judg
ment the pea was.ljot made In good faith , It
was not a lawyer like oka to make to a court
of the dignity of a , district court , and I felt
Indignant to thlnk'jtbat.n lawyer would come
In here and presume ! that this court did not
know any more ot law Jhan not to be able to
distinguish the fallacy and foolishness of that
klcid of a pica. KOW , , then , It Is said the
Jurisdiction of this coujt , thr.t this court has
uo Jurlsdicton ot the CIBO ; If the police board
had no authority todctcrmino , what newspaper
the license should he flubllshod-Iiirtnen this
court has got no aMt.aorHy todo that.
- QUESTION OF JURISDICTION.
"This plea to th6 Jurisdiction of the court
Is entitled to be t'fSateJl with respect , and I
have given It my best consideration , but 3
confess , as I said' the "other day , that If the
pojlco board had nb'Mithorlty ' to designate the
newspaper1. I do not ? self how they could claim
the right to do it , W doljls , when they admit
they had no1 authority and then come "Into
this court nnd say totthlB"c3urt lias no au
thority to examine Into the circulation of the
newspapers for tbfl purpose of determining
the cqultatile eights of the parties In this
case. And I want to say , and I say It em-
yhatlcally , now , that In passiug upon the olr-
cu'atlon of these newspapers I am not passIng -
Ing upon the circulation , and I do not Intend ,
and do not expect to bind , and do not think
for a moment that I am bidding the police
board as tn which paper has the largest cir
culation , when they come to oass upon the
validity of any license that Is asked for.
"I believe Just as thoroughly as this po
lice board believes , that public authorities
should bo allowed to proceed according to
law , within the scene of their own power ,
and in case of doubt I would refuse to
etoh forth my hand to Interfere with them.
But the question la as to the equities of this
case 'to-day ' , whether or not The Bee Pub
lishing company Use any standing In this
case , tmd I stated hero the other day , and
I still think I am right , that Mr. Rosewater
or The Bee Publishing company , would have
no standing Inti.ila court at all , In this case ,
unless ho alleged In his petition and made
proof 'that ho did have the largest circulation ,
because , If ho did have the largest circula
tion , wh > 2t business was Id to him what the
pollco board docs about 'U.
HDRD ARE THEFACTS. .
"Now , luen , what are the facts ? In 'this '
case there are filed numerous affidavits ; a
showing Is made hero which on Its face
seems to bo very reasonable ; seems
lo bo fair ; I cannot nnd anything
wrong about It. It Is undented. Neither
the. World-Herald has come In here to dis
pute It , nor has the police board over offered
any evidence against It , end whether the
allldavita be true or untrue , EO far aa I can
observe , they are true and I am bound ! to
take thorn , because they are. In my Judg
ment , and the uncontradtctcd testimony In
this case Is that The- Evening Bee has the
Urgest circulation' ' of any newspaper lu this
city."Now
"Now , them , If that is so. then The Even
Ing Bee has got a property right , under this
statute , and the question then comes whether
or not that property right Is being Invaded
or Infringed by the- action of the pollco
board.
COLLUSION IS CLEAR ,
"It la charged here , In the amended peti
tion , that the Omaha World-Herald and the
pollco board are In collusion ; that they have
Joined In a conspiracy for the purposa of
obtaining this printing for the World-Herald ,
or of keeping The Bee Publishing company
from getting- . Now , I cannot go into de
tail lute all 'of this proof , but the fact that
the attorney for the World-Herald appears
hero for the pollco board ; not a single mem
ber of the pollco board has appeared In this
court ; that every time this case has come
up the World-Herald. } ias been hero , either
represented by Mf. JUuchcock or others , or
both ; that the WorJa-JIcrald Is directly In
terested In this iirpjcet'illnn ; that they have
been prcacnt In tliujpojlco board when theeo
notices , thcso resolutions were passed ;
that they have , . ] ; published this resolution
elution and eeat | It out to the
liquor dealers , > xltb. . , . a threat attached
to tholr publication ; I say , I think without
any. question the fWl' shows hero that
without any quostlvp fl'oso ' two parties , the
pollco board and Llio World-Hciald , are actIng -
Ing together designedly , and that aa a matter
of fact they are < ] o K , so In my Judgment
the evidence ainply-Jualllloa the finding thai
'
ctich ana knows wu'at tuu other Is doing , and
that they are actlngjic thor for the purposes
charged In this amended petition , and In th9
petition , , ,1 ,
Ilrru IH an ; | llinvlt | of flrciiln-
tloii , Hcnt nut tliriiiiKli ( lie United
.StlltCK llllllln OIL II llllMllll'HN lllllIl'H
pOMtal ciiril , Hfiil to il llijuur ilt-ulri-
' Iicrr , niul Illuil " nn exhibit to
tlilH iitlliluvlt , iiml nf COIITHO nonu
of tlipHe iillliluvltN nro tlunlril ,
TlilM HlutL-M that ) "TJiuiuuN ft , llur-
111 a n , inuiiuKur < > ' tin ulrc'iilutluu
of tli Dully Worlil-lli-ralil , IIL-IIIK
llrwt ilnly ( Mvorii , on natli HlatvMi
Tluit I Inri' iilni' IKIIIII Ililu cl re-il
lation of tiiu liil | } ' Worlil-lli-rulil
. In IloiiKlaH iMiimtv lu itouanil IIIIM
iturlnur tint jtiiHt month licuii moru
tllllll ! ) , < > ( ( > UOIllfM I > IT . | ll ) . " Tlll
alllilavlt In HlKiifil by 'I'liiiiiuiH 12.
Illinium , nianiitfiT olrciiliitloii , niul
In Hivorii to liufum anil HiiliHurllictl
' lu thu pri-Nfiu'c ofV. . II. U'llliur ,
a notary iiulilUs < > n ( In1 lltli day
of Ili-fOinlu-r , IhUT , ThiTf IN u
K oil < li > al of foiniilalnt about the
ITH I nil n I nur oritrr of n c-onrt of
uillilty , lint I tliliilc It wuulil l > i ! it
mttruy to tlitr VIIII * > - H of that
liauur If till" uuurt or HUIIIU
ntlicr court -tronliV rciitraln the
innklttRt of Hint kind of nllldavK ,
M.vnr. TO utscistvn.
" 'flip roKiiliir liona lido circula
tion of thi > Dally World-ltrraldr" j
Tlirrc In u tiitcitu-nt , tti > my Jmltc-
iiu-ut , thnt tvnn tiindc drllhcrately ,
wltli Intent to ilucolvo the public ,
lirrauxo tlirrc In not n tievtuitaiirr
IMihllHlicd ivlthln tlilM city ot nny
HiiiOi drNlKiiatliin at * thr Dnfly
iVortil-lIorali ! , nnil yeti cnnc."t ,
nor I cannot , nor itny oilier | > or-
HOII cannot nay , from that alllilavlt ,
nlii'tli.-r It iiii'iiiiH tin- Morning
World-Herald , much an I now havci
oit my drnk , or whether thn
Kt filing ; World-Herald , or liotli.
The aflldavlt IN luUlcailliiKI It dorn
not iirov.nnytlilua , nnd It T\IIH
m-nt out In cunnratlon irlth thl *
resolution , iiiiltllnli.-il at the liol-
toni , which tlio lloenno lionrd
IMINMIM ! , and Ilieii dmvii nt tlio bottom
tom It HIIJ-M , In very plain lottvrni
"You can-'t Rot llccnnp
- your 1111-
Ir.iM yon mlvortUe In the Worl.l-
lloralil. "
"Now , then , I think I am Justified In find
ing that when the license board , la advance ,
without a cnso before them , without an Issue
made up , decided that the World-Herald had
the largest circulation , on a finding made
two years ngo , by another bonrd , thnt they
Intended that the World-Herald should make
use ot that for the purpose of obtaining these
publications ot licenses.
CONSIDERS THE DEFIANCE.
"Now , I have got ono other thing to say
about this case and I am done. This
newspaper reports that night 'before the
board passed a resolution : 'Whereas , The
Boo Publishing company hns brought suit
In the district court , Judge Koysor presiding ,
and under pretext ot seeking a restraining
order lins sought to put In Issue the present
circulation ot the newspapers of Douglas
county Irt which the notices ot application for
licenses may bo published ; and , whereas.
This board has answered by a plea to the
Jurisdiction of the said court , and has re
fused to take any Issue upon the circulation
ot the nmvspapere published In .Douglas .
county In that this board has
solo primary Jurisdiction to try and
lulermine the matter , and no Issue has yet
been raised before' this board upoa which
appeal can bo taken to the district court. '
Mow that Is correct ; In my Judgment they
lave the solo primary right and Jurisdiction
to determine which newspaper has the
greatest circulation when they ore asked to
; mnt a license , 'but that Is the only time
they have got that right , and' the supreme
court has said eo.
"Now , then , because they have got a
right to determine that whenever they
grant their license , does that deprive this
court ot the right to determine that , when
a man comes In hero and asks that his
property rights bo protected ? I do
not think so. I have tried to glvo this
calm and dispassionate consideration , and I
do not think , I do not see how the action
of this court In passing upon this ques
tion , lu order to determine whether The
Dee has any standing In court to ask re
lief that It affects the right of the Board of
Klro and Police Commissioners to pass upon
that question when It comes before them
on an application for a license , and I do
not think It docs , and I do not think the
plea to the Jurisdiction Is well taken for
that reason. Then It says : 'Now , there
fore , this board directs Its attorneys , Hall
& McCulloch , that 'they proceed no further
therein , and in courtesy advise the court
that wo stand upon our plea denying the
Jurisdiction of the district court In 'the ' mat
ter. '
OVERRULES THE PLEA.
"As I understand the law ot this case , as
t has boon presented to mo , I think that plea
must bo overruled , because It does not la-
: ringo upon tholr Jurisdiction In determining
the question of clrculaton when they pass
upon the queoton whether or not a license
shall bo granted.
"Somo other matters In this. It says ( here
Is a statement in quotation marks , which I
suppose Is true , otherwise the paper would
aot put In quotations marks. ) It purports to
OQ an Interview with ono of the members of
the pollco board. 'We have great respect for
the courts nnd wo have been courteous and
considerate to. a great extent , but wo also
Isavo respect for the law , and for our offices ,
and wo shall not allow any Judge to deprive
us of powers and authority which the law
: lves us. '
"I do not think there Is any Judge in this
state , nt leaot I am not aware of It , that
wants to deprive them of their office , or of
any power , or of any right , or of any au
thority which they may exercise. The only
question Is , whether this court will deprive
them of the right to do things which the
law says they shall not do , to prejudice the
property rights of any citizen or corpora
tion. This goes on to say : 'The matter of
governing the pollco and lire department and
the granting of saloon licenses or the re
fusing of them la in our hands. '
"Undoubtedly , there Is no question about
tint , and I am glad it Is In their hands. I am
glad It don't devolve on this court to issue
thcso licenses. And we shall keep It
there , and In doing so shall not hcsitato lo
put our authority to the teot. Then this
paper goes en to say that th ! board pro
poses to Ignore- the proceedings of the court
and to proceed as they see fit In the matter.
Well , I have only got one other remark to
make about this. I , as a citizen , and cs a
public officer , I have respect for the consti
tuted authorities of this country It doesn't
make any difference what their politics or
their religion Is. Hero Is the police board
tint has- been appointed ) according to law ,
Invested with the power of managing the
police department of this city , and as uiich
I respect them. If their ofllclal acts do not
correspond with my Judgment I am free ,
as a citizen , to express my criti
cism. But when It come to official
matters I propose to treat this board with
Just as much respect as any litigant , or
any ether officer In 'this ' slate , and I think
they are entitled to It. But , on the other
hand , I think 'that this tribunal Is entitled
to Just as much. Hero Is a court that Is es
tablished iby the constitution of this stale ;
hero ! s an officer thnt Is elooled by the
people ; this Is a higher tribunal ; It traces
its origin further back than theirs ; thuy
are appointees of the governor under legis
lative enactment. They have not been
elected 'by ' the people of this district , and I
think it 111 'becomes ' a body of that kind tn
aland up and say that 'they propose to Ig
nore the proceedings of a conntUutloir.1
tribunal like this. It doesn't make any differ
ence who the Judge Is , and of all the people ,
of all the bodies in this state , that Is the
body that ought to bo the last to say ono
A GIRL'S TALE.
Wllli it lU'imoii fur MIxloiulliiK Uic
Fntlier.
"Wo have tried for a long time to > pcr-
.suade pcpa that perhaps his diet had some
thing1 to do with their 111 feelings , ho used
to laugh good naturedly and say 'why. glrlb ,
Ivo been used to eating and drinking ever
a'raco I was a boy , I waa trained that way ,
no , I fear some change has taken place In my
body and I soil never be wel | again , '
Wo often suggested tliat ho leave oft
coffee and tobacco , but he urged that they
did cot hurt him nnd were a comfort ; >
wo acquiesced until ono day sister Insisted
on 'making the coffee % I'ostum Food Coffee
and H was made that way for about 10 day *
unlll papa seemed brighter and complained
leas of his head ,
'That's It ! ' slater explained , and from that
day ehe served 1'ostum alone without any
coffee.
Papa never detected the difference for wo
have learned the secret of making I'ostum
to glvo It a prime , crisp flavor , it Is easy
enough , Just allow It to continue boiling 15
minutes , counting from the time boiling
commences , not from the time It Is placed on
etove.
Well the dear o'd > soul seemed flay by day
to take on now life , ho began to stay at the
office later and was full of fun when ho came
Homo In the evening.
The proof Is plain enough that , morning
after morning , year In and year ont , wo had
been feeding our doir old governor with cof
fee that lo really a strong liquid drug and. H
was gradually tut surely killing him.
Whro It wan partially removed ho got a
llttlo better and vhen It was entlrey removed
and the pure food coffee , I'ostum served ,
his recovery was rapid.
Wo don't fool Papa on many things , but
wo Just had to this time for he was steodJIy
and surely leaving us and wo love the dear
old man too much to leave anything undone
that will keep him here.
It la woman'a privilege you know to toaio ,
cajole and beg. then 'lliiwso K the dear old
Uard headed , thing * wont lUten to. reaion ,
won ! spalnst obedienceto the law or obcdl-
once to the orders ot the court.
COUIVra SUIM'OHT TUB POUCH.
"If It wore not for the court * tholr police
lepftrtmont would soon become n nullity. If
t were not for llio courts punishing the
criminals they nrrcst nnd atslsttnn them In
ho enforcing ot public order , they would
soon bo without a Job ; ami thnt Is the Xnct ,
\nd I say now that I know every ono
lorsonnlly ot these members of this pollco
board , and I do not bollovo now nnd I can-
lot believe that thcso men Intend to do-
Iberntcly say that they propose to Ignore
md disobey -whatever order may bo made
jy the court. Judge Gregory la n member of
'his board , a Judge and a lawyer ,
i man who lias all his llfo been engaged In
ho business ot cither obtaining justice tor
its clients or ot administering Justice ns a
udgo , and I do not believe that Judge Gregory
would solemnly nnd soberly stnnd.up and say
that they proposed to enter Into n conflict ,
with the district court , ot this kind , and
gnoro Its orders. I am Inclined to tlilok that
this newspaper has put It a good deal stronger
luin It was far the purpose ot spreading It out
n this community thnt there Is a fight bo-
.ween the district court and the { lollco beard ,
and the court and police board are to
fight It out lllto boys in a ring , which Is ab
solutely not so.
"This court will make such orders ns It
deems right , and ! the police board will obey
them. There Is no doubt about that. I luwo
never had anji occasion , tmd I say It with n
good deal ot gratification , to punish anybody ,
for contempt. Last summer I had a depot
Injunction case where n railroad company
undertook to take an alloy and Infringe upou
the rights of a private party. Ti'io sympa
thies of the people ot this community wcro
with the company , because they all wanted
a depot , and I wanted u depot. -wanted to
sco a good depot there. Dut It sec mini to mo
tJiat that -was the tlmo tor < the court to stand
up for what seemed 'to bo the law , notwith
standing public opinion , and In my best
judgment I cold that this rail
road company tan got no right
to take private property without first hav
ing It condemned according to law , nnd
that the city of Omaha , through Its city
council has no right 'to ' vacate streets and
alleys and glvo them away to ii corporation ,
and I stated that In that finding. There
was another raso where the same question
was involved between 'the ' city , nnd the city
of Omaha was restrained before Judge
Scott , iind ho held In his Judgment under
the Lindsay case that the city did have
authority to vacate an alloy and dispose ot
It. Our rulings were somewhat tn conflict ,
but In this case the city was defendant ; In
my case the railroad company was defendant.
After the case was decided the city ono
Sunday , went down there nnd excavated this
alley ; tho. attorney came to my house Sunday
morning about 10 o'clock , was In n hurry
for something to bo done , nnd I told him
I had eorloua doubts about the order , but I
would give him such ordpr as he clalme iTo
was entitled to and try to protect his rights
If I could. Ho took the order. U was served
nnd disobeyed. I cousldcicd the matter nnd
submitted , that matter to this attorney , Mr.
Mclntosh. Ho cave It his consideration
tor five or six days , and he came to mo and
told mo that on his deliberate Judgment ,
while It was agakist hio wishes and what
ho deemed to bo his best Interests , yet under
nil the circumstances of the case ho believed
that there was no case for contempt that
could bo made out , either against the rail
road company or the city , and I dropped the
matter. The matter went Into the federal
court and Judge * Hunger sustained my vlowa
as far as he decided the question at all.
"Now , then , I nm making this stntement
to explain why there was no effort made by
this court to punish what was apparently
n slight of the court's order , or a case of
contempt.
HIS SOLEMN WARNING.
'I will say this , that If wo had had a cabe
: hnt could have been made out , that the mat-
: cr would not have bocn Ignored. And I say
to the police board that If an order Is made
in this case , they may Ignore the proceed
ings of this court , but they had
better not Ignore Its order. And I
will enforce that order not by a fine , but by
some other" means that Is within reach of
the court. I say this with no Intention of
making a threat , without any Intention of
saying to those men anything that ought not
to bo raid , but if the Idea Is abroad that I
nm going to let the dignity , the power ot this
court , to go to decay , because I do not an-
awer newspaper attacks that have been made
upon mo In this case. This uewspaper last
week lines mo uo and down hi a proceeding
that was pending , that good lawyers have
advised me was contempt of court , but I said ,
no , wo have too much contempt iwoccediUKS
In this court. I will let It go and let ray
record take care of me.
"It seems that they have comr > ro 'ho con
clusion that because I have not yald any at
tention to these proceedings that they can
Ignore the orders of the 'Curt. I say to them
now that If they do It they will find out th.it
there Is. a tribunal here that will stand by the
law as the people of this stale have unacted
It. I will Inforco Us order cod let them go to
the supreme court and correct mo IT they
think I am wrong. Now , then , If there Is any
body hero , If there Is any lawyer here , or
anybody can tell mo why this relief asked for
In this case under this showing shouldn't
bo granted , I will be glad to he-.ir It.
Hero Is the uncoiitradlcted and undisputed
evidence that The Kvcolng Uoe has got the
largest circulation. Here Is the police coin-
mission practically withdrawing all of Its
answer exeeyt as to the question of Jurisdic
tion. And I say that In my Judgment what I
am doing does not Infringe upon their juris
diction In regard to liquor licensed , and I do
aot think , In vlow of the decision of the
supremocourt. _ In view of the provisions In
the statute , that this board lias got any right ,
without nn issue before it , without a case
before U , to stand upon a resolution made
two years ago , js to what the circulation ia
now. and thereby prejudice The Dee Pub
lishing company In Its rights to solicit thU
advertising ,
The order of this court Is that the relief
prayed for will .he granted , and that this
pollco board , acting collectively or singly ,
and their officers , are enjoined from proceed
ing under this icsolntion which they luvo
adopted to Interfere with or to In-
lluenco liquor dealers ns to where they
shall publish their licensee , When they
shall have taken judicial action , ns they
ought to do when a case is before
them , they can stand on that Judicial action ,
and the only relief the members will have
will bo nn appeal to the district court or
tha supreme court.
OnDKIl OP THE COURT.
In the District Court of Douglas County ,
Nebraska. The Dee Publishing company ,
plaintiff , against Frank 1C. Mooroa , Robert
12. L. Herdman , D. D. Gregory , J , II. Peabody -
body , W. C. Hullard , W. J. Wolahans and the
Board of Fire and Pollco Commissioners of
tlio City of Omaha , defendants.
This day this cause coming on to 'be ' hoard
for a temporary Injunction upon the order to
show cntiso heretofore made , r.ad thn peti
tion and amendments thereto of thu plaintiff
duly verified , and the allldavlts on behalf of
said plaintiff , and the answers cf the de
fendants , and also the pica to the jurli llctlcn
of thu court 'to ' pasa upon the question ot
Hio circulation in Dcuglea county ot , tie !
newspapers known ns The Evening Bee , the
Mornng ! World-Hernld and the Evening
World'IIerald , and aUo the jurisdiction of
the court to pass upon the legality of the
actldi of Oho said dcfoudiiivts ! a the passing
of the rcBolutlon of November 29 , tct fort'i
In the plaintiff's petition ; the court overrules
said plea lo thu jurisdiction and fl nds that
It has for llio purpodo of action complete-
JurUdlctkn to hear and determine all of
said questions. And the court further finds
as a jurlsdlctltoal fact In llrb caee from the
undisputed cvldtncu on fllo herein that as
between The Kvcnlng Bee end the Morning
or Uvcnlng World-Herald , > the cald Kvcning
Dee Is ttie newspaper printed In Douglau
county having the largest bona fide circula
tion therc-ln.
It Is therefore ordered 'by ' the court that
until the hearing herein thu said defendants ,
Robert K. L. Hordmnn , D. D. Gregory , J. II.
Porbody , W. C. Dullard , W. J. Wolshans arvd
the Board of Flro and Police Cammlsuloncrs ,
Individually and ) officially , their agents ,
iicrvnntB and their co-conspirators , the presi
dent , managers and olllcers of the World
Publishing company , a corporation , bo , and
llio same are hereby temporarily and until
the further order hcrln , enjoined from refer
ring to olliclally or otherwise the said Illegal
leBolutlon of November 29 , 1697 , or from
carrying the same out In letter or In spirit ,
for the purpose of Inducing any person , linn
or corporation by threats , Intimidation , co
ercion or sollcltatloni to place any liquor
notices or druggists' permits In the news
papers known as the Evening World-Herald
and the 'Morning World-Herald , or the un
called "Dally Worldrlluram , " or. & " '
imauner p/uvoatlug by r "
any persons , firm or corporation from d-
vortlslng their snlil notices In The Evening
Dec , Upon the cxcullng nnd delivering to tha
clerk of the court nn undertaking to the
defendants In the sum of 4:00 with
ipprovod sureties conditioned ns required bf
law. By the court ,
WILUiVM W. ICKYSOK , Judge.
Otnnua , Doc. ID. 1S97.
Shot liy SitttiKKlrri. *
D13TOOIT , Dee lG.-1'rlvnto Prod Mo-
Mlllon of company V , Nineteenth Infantry.
will IORO his right hand ns tha result of an
encounter with snuiRRlora cnrly this morn-
Irur. The soldier -was patrollliiK hla bent
nround the lmrrnck.1 at Fort Wayne , when
two men crossed the road ahead of him.
Ho ordered thorn to halt , Ono of thwrt
stopped until the sentry came within ton
paces , when ho tired. Later the oillcor of
the fiunrd found JleMlllPti lylns- helpless
nnd the ground npnt tared with blood. Th
smupRlers have been operating recently bo-
twtun the vicinity of the fort nnd the Cana
dian alioro. McMillan's ' homo Is In St.
Louis.
AtiHtratlnnn Follow On.
SYONEV , N. 8. W. , Dee. 15. The Austra
lian cloven In the cricket match with the
ylsltliiK English team , which began on
Monday last , were all out today fit their
first Innnliiff for 237 runs. As the English
man , In their llri i Innltius , ended yester
day , were all out for Mil runs , the Austra
lians- followed on with tholr second Innings
and nt the close of play today hnd 120 runa
to tholr credit for ono wlckot down
CURES QUICKLY AND SAFELY.
The Pyramid Vile < 5nrp Ciirrn 4ha
MONt .iKKfllVlltlMl ClINOH Ot l'lllN ! >
AVUh AliNoliUc Surety. ,
Pyramid I'llo ' Cure will euro the most ag
gravated cas'o of hemorrhoids In nil nston/-
Ishlngly short times It relieves the congas-
ted parts , reduces the tumors Instantly , no
matter how large , allays the Inilammatlon
nnd stops the aching1 or 11011)1117 ) at once ,
Thousands who have resorted to expensive
surgical treatment have boon cured by the
Pyramid I'llo Cure In n number ot Instan
ces persons -who have spent months In a
hospital under a pile ? specialist.
It Is a remedy that none need fear to ap-
nb * even to the most ngrnvnted , swollen
and Inflamed hemorrhage tumors.
If you are mulcted with this stubborn dls-
easa you can master It niul master It
quickly.
This remedy h no longer em experiment ,
but a medlral certainty.
Druggists sell at W cents per bos. It Is
becoming- the mo t popular pllo euro this
country has ever known nnd dniBsIata
everywhere , arc orderlnj ; It for their custo
mers.
hook on cnUso nnd euro of piles ml-
dreH Pyramid Co. , Marshall , Mich , , ( for
merly ot Albion. ' .Mich ,
and
Are Valuable
Christmas Gifts.
Make your
Selection early
Put a Koilulc oil Your Clirintmnn I.Ut.
tf-I.OO to 1 5.OO.
The new Kodaks all take our Light-Proof
Film Cartridges and can bo
LOADED .IN DAYLIGHT
Tin * Dlnmimil Camera at If. . 00
Is a. line Instrument. JInll ciders solicited.
Catalogue free ,
THE ALOE & PEIFOtfl CO , ,
mOTOGUAPHlC SUri'HlKS ,
1-tO.S Farimi at. OiM > . 1'ii.xton Hotel.
Ma
Second's
Variation
The perfect accuracy of Elgin
Full nuby Jeweled Watches
Is one of the reasons for their
world - wide reputation. Their
great durability Is another. It
pays to own a watch of known
merit.
Full Ruby Movements arc
made In sizes for ladles and gentle
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At all dealers everywhere.
An Elgin watch always has tha
word "HlRln" cncravcd on the
voiles fully guaranteed.
ELGIN NATIONAL WATCH CO. .
Elgin , III.
AMUSI3MKWS.
BOYD'S THEATER Fvian > 'fe n.
CHAM ) CO.VUKILT
Direction 1 Junior'Moore.
iiULIll UUIIll
K.M'litiiiXu lluUetH now on Hiilo nt Clmso'n ,
l.llb 1'iuiiiim St. llox ollli'o at theatre npun lo
tlii" > u tickets only on Tuesday. ltinliii'silu ; : ;
of souls opiuis WudiuiHday nt U:00 : A. M.
I'rlcos.ri ' ' ! ( ) . ? i.iU ! , n.rjii. lloxuH , 410 and $10
Galli'i'y.lOU , Sloluwiiy I'liino.uiod ,
ONLY CIIA.NCITO HKAII A ( IIIIAT :
AUTJST TIIIU at-ASON.
TjjE Oteagii
'
T.I.BI'IIONB IB3I.
3HflHTSi ! jyS5lSlf BEG. 19
Always In thu I/vail
HOST'S
A BUNCH OE1 KEYS
( Or thu Hotel )
ADA BO'f rtNER n TEDDV ,
Prices 25c , COe , 7Dc , $1.00.
Matinee price * 25c , 35c , COc.
H , 1C. Cur Kllli nnd llnvi-iiiiiirl .Htx ,
COXCKUTS HVISIIV MHIIT 7lIO ! TO 1'J
lliithiscs T'Je J.O' , Thursday anil Balurilny , 2:30 :
THIS WHISK'S ATTU.tOTUl.V.Si
Master Arthur Gaff Cornet Vlrtuso.
The original Wrotho and Wekefleld , Irish
Comedians.
Purita and deorgle , Lllputlaa ] Sketch ,
Helen lonno. Ilcralu Raymond.
ICIla Klrchner , Soloist ,
13th anil Douglas StH , , Oinuh
CKNTUALLV LOOATKI ) .
American pi" " . . * 2.0U pur iluy up.
Kuropouu plun , tl.OOporduy up
J. E. MAHKEL & SON , i'ropa.
BATLKEB
THIUT15M.Vri'
lUt '