THE OMAITA DAILY BEE: SATURDAY, OCTOBER 24, 1903. '
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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,
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Address :
H
BOYLES, Pres.,NewfIBldg-
IS
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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
