Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Oct. 24, 1903)
THE OMAITA DAILY BEE: SATURDAY, OCTOBER 24, 1903. ' 13 M NS m SawsSW SA - ! 1 ! j i f) " t depends upon his capabilities upon what he knows. The more knows the more valuable is he likely to be to his employer the opportunities for advancement. . The instruction given at things he greater his prepares young people for the practical duties of every-day life. , ; ' "In my observation, attending over tho work of 00,000 mon employed by our company, I find tho young man who outers business without going through a business college is enormously hampered in his progress In life.9 CHA.UHCEY' Jf. DISPEW. IN THE LEAD. : For a number of years past this college has been standing in the front as a progressive . educational institution, and it is now recog nized as Jlie head of commercial schools in Nebraska. T i PITMAN-GRAHAM AND GREGG SHORTHAND- NIGHT Monday, Wednesday arid Friday Evenings. Now is the Time to Enter. Students Are Being Enrolled Daily, Our Advertising Literature is Free. Send for it. Address : H BOYLES, Pres.,NewfIBldg- IS n MSta. DECLARES OLD LAW OBSOLETE City Attorney Vright CoiUodi Sew t Ea-Mnus Ait Takea Prtotdenoe. INSISTS SW1TZUR ARGUMENT IS UNSOUND Balds that Maw Lw Sapredes the Old u4 Tktr(ra Dae Agaly City ( Arguments for th defease war mad. before Judge Day end Baxter yesterday la the cas of Warren Bwltsler against William Fleming? aa tax . oommlaaloncr. w herein the validity of the new revenue taw la questioned. City Attorney Wright In replying to th arguments ' aubmltted by Mr. Bwltx'.er Thursday morning, said that Mr. Bwltiler'a propositions aeam plausible, but that an examination convinced him' that Mr. Bwlts Jer'a argument la unsound and la no sua talned by the authorities. Continuing Mr. Wright aaldl "There are a number of cases, among which ta the eaae In Nebraaka U. 741. which bold that where one law baa been Incor porated Into a aubaequent law by reference thereto, the repeal of the prior law doea Anti-Pain Pills (Dr. Mliea) prevent well a cniw aeadach, the commoneat affliction of mankind. Carry In your pocket. No laxative. There are a eub and guaranteed by all drug- oanta. Never aold la rotate. Hon 'X'AUiutea. Hold lklv S do 4C aUUl MXEICAi OA, Elkhart, U4 not affect the aubaequent enactment That doctrine la auatalned by eectlon 493. In End lick, on atatutory oonatrucUon. But the rule la subject to notable exceptions. I have examined every one of these and nu merous other ones which I found, and every case except th Ohio oaae, which sustains, or attempta to sustain, Mr. Bwlts ler's position Is ons In which the subsequent act referred to a prior law making a specino reference to th portion which Is adopted. Rale la Tats Case. "The rule, however, applicable in this case Is stated in aecUon S3 of Endllck. It la. In substance, that when a aubaequent special act refers to a prior general law as to the manner of procedure for the pur pose of assimilating th practice In th two caaea, th rule laid down In the special act will be changed with th change of the general law. Be for citing th authorities which are definite and specific on that point, I shall call attention to almllar provlalons of our code which have been for more than forty years construed In this wsy. Section X, chapter xx. In reference to county courts, provides that th rule and practice con cerning pleadings and proceae In the dis trict court shall be applicable, aa far as may be, to pleadings In the county court. This act was passed In 1871 And yet th construction of that has uniformly been that the changes In th practice of th dis trict court works a change In th practice of the county court. Even when applying the construction claimed by Mr. Bwltsler to this section, th county court must pro ceed under the rules and practice which existed In U7t in this state. "It must b observed that section M of the charter, to which reference waa made by Mr. Bwltsler, yesterday, doea not point out any specino provisions of th revenue law to be followed nor designate any par tlcular revenue act. Its language la of the most general character. It doea not pre tend to Incorporate any particular law Into section M. Th evident purpose of - this statute. Indicated by the general terms used, Is to assimilate the tax procedure In metropolitan cities to the procedure throughout th state. . N Way ta Tax Railroads. "There are many practical difficulties In th way of any other construction of this law than those which I have mentioned. If w must atlll act under th old law, then' we have no way of assessing railroad prop erty, sine the old State Board of Equalisa tion Is abolished and a new board with different powers and duties is created, but it can only be the old board, and th re port aa mad In accordance with th old law, which could be taken by the tax com missioner as the value of railroad property. But the old board will make no report and cannot, and hence we will have no way of assessing railroad property. 'Again th new law changes th rules as to the manner of aaaeealng express compa nies and life Insurance companies and make life Insurance companies pay only revenue to the state. If we should at tempt to enforce an assessment under the old law we would be met with an Injunc tion at the hands of the express companies and the life Insurance companies and th railroads snd other Interests. Sine th de termination of this question by this court cannot make a conclusive rule or bind sny body but th plaintiff, and as he has shown no equity, w think the suit he has In stituted ought to be dlamlsaed." Continued Interest Is manifested over the arguments on the revenue law. Many at torneys srs interested In the outcome of th suit brought by Mr. Bwltsler, because upon Its Issue depends th question ss to whether a large number of contemplated suits will be Instituted. Judges Dsy and Baxtsr hart announced that a decision In th cas will be rendered Saturday morning. ARREST ELECTION OFFICER BMSBBSa-BBa Registrar in Third Ward Taken la on Charge of Drunkenness. RIGID DISCIPLINE IS BEING ENFORCED Asslataae of foil Agala M.eee.ary l Get roar Relactaat Reels tratlea Officers ta Their Pests. registration boards. In the past soma laxity In this regard has existed, and In esses of drunkenness, have been condoned and overlooked. The assistance of th polio was necasaary again Friday to Insure full election boards. Four reluctant supervisors were brought In and mad to work In this manner. In on precinct of the Ninth ward a crowd of Impatient men stood from I to I o'clock In a barber shop waiting the arrival of two supervisors. Th latter came In a hurry when th btuecoats Insisted upon their presence. Albert Burpee, a supervisor of resist ra tion In th fifth precinct of the Third ward was arrested yesterday, charged with In toxication. In connection with his official position th offense Is a misdemeanor that may b punished by a An from 1100 to $500 or Imprisonment from one to six months. under the election laws. Burpe was en deavorlng to perform his duties as reglatrar when his condition was discovered, but City Clerk Elbourn and Officer Wooldrldge eon-1 sldered him unfit to continue. The officer happened to drop Into the registration place of th precinct at 707 North Sixteenth street, and noting the ab sence of Burpee, waa told by a fellow su pervisor that th former was draUing. 1 b policeman states that hs saw Burpe go Into two saloons during th morning. Th law distinctly provides that no member of a registration board shall drink liquor while on duty. ' City Clerk Elbourn requested the mayor to instruct the pollc to visit every registra tion p'.ace in the city and arrest every mem ber of an election board upon, whom the odor of Uquor could b detected. Order to this effect were at one Issued. The Inten tion of the city officers Is to en fore the moat rigid disolpltn la th government of Cwala Not Bleep for Coaching;. "In ths winter of 1903 I contracted a se vere cold and It resulted In pneumonia," says Mr. Bert Match of South Dayton, N. T. "For fiv days and nights I could not sleep, wss constantly coughing. Mr. J. J. Rundell, knowing of my Illness, sent me a bottle of Chamberlain's Cough Remedy, and In a short time It gave m relief, so that I could sleep, and two bottles of the remedy cured ma I had taken five dif ferent remedies, but could gut no relief until I began ualng Chamberlain's Cough Remedy. Too much can not b said for such a medicine." When a druggist takes th liberty of sending a medicine to a friend you may know that the remedy Judge Vlnsonhaler yesterday. It Is al leged that Tanner made libelous utterances In the Nebraska Dally Democrat, of which he la the editor. The arguments In the case will be concluded Monday. Backless Aralea Balve. Th best In ths world for cuts, corns, bolls, bruises, burns, scalds, sores, ulcers, sit rheum. Cures pile or no pay. Ho For sal by Kuhn V Co. Mortality Statistics. The following births and deaths hav been reported to the Board of Health: Births Charles Nelson, tSX Bewsrd. boy; John Ronald McDonald. Xm Poppleton ave nue, girl; Joseph Bekera, 113 South Third, girl. Deaths Mary Vose, tMtt Decstur, 17: Arthur A. Danlger. three-quarters of a mils north of Krui park, l months: Mary A Flynn, 227 Cedar. 10 months; George Henry Uruan, 2411 boutn Tweniy-iourtn. li; Mrs. Anna Nelsoa. Thirty-second and Charles, 29. Teuer Cas Is Called. Th ease of th Stat of Nebraska against John M. Tanner, who Is charged with crim inal libel by L J. Dunn, waa called before PAIR OF UNIQUE CASES FILED Hav Basaa Titles, hat DIsTereat Petl tleae a ad May Ga t Caart f Appeals. i Two rather Interesting cases hav just been filed In th United State circuit court, th title of which are Peter W. Oman and Mattl Oman against George F. T. Mellor, defendant, aoslgnment of error, which prob ably will carry th case to th United States circuit court of appeals for final ad judication. Both cases bear th sams title. but th petitions ars different a regards the Individual plaintiffs. In ons Mattl. Oman come as Intervenor and alleles that there Is an error In th records, proceedings and decree of th cir cuit court. In which th cas wss heard a few dsys ago. In that ths transactions had between th complainant and defendants was an absolute sals of th property In liti gation and not a mortgage. This complain ant state that th property at th Urn of conveyance to Mellor was ths homestead of th Intervenor and that th signature of the Intervenor to th conveyance was ob tained upon ths direct and specific promise that ths complainant should hav th right to redeem th premises by repaying th sums of money advanced by Mellor to pay sff and discharge th encumbrances upoa th land In controversy. la th second cas come Peter W. Oman, complainant, and alleges error. In th reo- ord, proceedings and decree of the court That th court erred In finding that th transactions between th complainant and defendant's grantor, Mellor, waa an abso lute sal and not a mortgage; that th r el ac tion of debtor and creditor did not exist be tween Mellor and complainant; that cdra plalnant Is entitled to repay to defendant the sums of money advanced by Mellor to pay off and discharge th several Hang upon th premises In controversy and re sume title to th premises on that candl tlon. Wherefor complainant prays that th decree be vacated and that decreed to be owner of th premises and entitled to possession and legal title thereto upon payment to defendant of th sums at money advanced by defendant's grsntor for payment of encumbrance on ths property in controversy. Permit far New Balldlaa;. A permit for the new business building to be erected at 1405 Douglas street, on the site of a structure that collapsed last sum mer, has been obtained by the Western Real Eatat Trustees. Th estimated cost Is 111.000. o Liu EE- TODD MM U. W. eXxBBJt. ItlfkltesiraMTlewaaein Mini hlver bwai aad toe an .Iiwm Prautte aUisea saaa ss as wu see beta So4 sad trala, Aa abeertlag tore sry f aaety ders ea Um oie tuvar. A searveHoas glut an a lismrtT awu. Ciata. Wine., el -So. niasteaecd. A. S, BIKES t CO. NEW TCIL