TITE OMAnA DAILY BEE: SATURDAY. APRIL 8. 1005. r ""'" 1 Dressers I . i pnng baits Does a Saving of One-Third Your "Clothes Money" Appeal io You? Sale of Importance to Good Men Swell S Jfoo)o Saturday will be a clothing bargain day that will be long remembered by those who are fortunate enough to share its benefits- We bought 1,00 stylish new suits from a well known tailor to the trade, securing all at practically our own price. The maker ranked among the first in the country. Suits com prise the most stylish fabrics, every garment tailored in perfect fashion. Men accustomed to being well dressed in the best ready-to-wear clothing made, will be fully satisfied with this ultra fashionable appoarl. 0 Valves ip to $15 Hen of taste In dress have ceased paying fifteen to twenty five dollars extra for a tailor's label. The clothing we offer you has all the good points of custom tailor's clothing and It costs about one-half. f1 7 50 ' ft asMaTW VaJues up to $19 The new greys, Sapphire blues and browns are leading shades that are appeal ing most strong ly to the tastes of good dressers this season. Another Big Day Bn Shoes Today 100 canon moro, to fill up thp pups made In the last two dnys, and still more to conic as fast as tries are sold. The great quantity of shoes that were In the purchase of the F. P. KIRKENDALL & CO'S. Omaha Wholesale Shoe Stock which we bought from the Insurance Co. hardly shows the effect of our tre mendous selling. Two weeks ago we commenced the sale, and every day and every minute of the day since then the sale has been KoiiiR on steadily and Incre'aslnj; In importance. People of Omaha know the real value of these ( Mnahii made shoes. Thev know the quality of the shoes carried in stock by Kirken.lall. and know at a n'lance that the price we put on these shoes durln.it this sale I so much less thau the shoes cost to make that It Is Impossible to resist the temptatiou to buy. Today we will placo on sale 360 pair OQ ladies' $1.25 Lounging Slippers at Ll All the tyJENfS Omaha Custom Made Black and Tan Shoes VaJues up to $22 n BASEMENT CLOTHING DEPT. Men's $7.50 Scotch Suits at $5 Men's strictly all wool single breasted suits sizes up to 42 worth in a regular way as high as $7. 50-a great base- E J i. rr.,- ill v Lit ppoviai unci for Saturday at '5 Home of Boys' and Children's Clothing at Brandeis' FREE! Base Ball and Bat or Catcher's Mitt " tvefy 2HiT Boys $3.50 Knee Pants Suits Boys' $4 Kivee Pants Suits for $1.98 $2-50 Here are brand new spring Boys1 all wool knee pants suits just the thing for rough and ready school wear new and pretty jurenile styles for spring well fitting tU 3.50, at. 45c and summer styles neat patterns for the little fel lows a great opportunity to buy an up-to-date pret ty school or CA rirnaa-nt) suit 2r for the boy, at. at. rilnthiner. worth u . - 11 For Boys' Knee Pants, Double Seat and Double Knee-Made of Serjres, "Worsteds, Scotches, etc, wortn too, ii.uubdb ei.-nw uir Boys' $6.00 Knee Pants Suits, $3.98 The New Buster Brown effects, with Knicker bocker trousers, Russians, pailors. 3ir V8 idea - U 45c BASEMENT CLOTHING DEPT. II Boys' 6.50 Lon Pants Suits 3.98 Young men's suits, ages 14 to 20 years large sizes are big enough for email men on sale Saturday in Via BurM an 4" at )f .98 SHOES Kegular $3.50 grades at Kcgular $4.00 grades .. Regular $.j.00 grades at All the Man's Eastern Mads Shoes, regular valus up to f 3 a pair, at 98c, $1.59 and $1.98 WONDERFUL VALUES TREMENDOUS BARGAINS IN LOOSES' FROM THE KIRKENDALL WHOLESALE SHOE STOCK $1.59 and $1.98 This gives you choice of every pair of Ladies' Shoes in the entire purchase Welt soles or turn soles or McKay sewed, and include all the Patent Kid and Coltskin Shoes, and all the fine vici kid shoes Those at ?1.59 are in basement and all the others are on the main floor on bargain squares, as well as those in their usual cases and cartons, in the aisles. STILL MORE BARGAINS IN CHILDREN'S SHOES GIRLS' AND BOYS' SHOES 25c, 39c, 59c, 75c and 98c At these prices we offpr thousands of splendid wearing and lirst-elnss, up-to-date shoes every pair made to sell for almost double the price. $1.00 Sample Shirts at 25c Greatest shirt bargain ever offered at Brandeis we bought 20,000 shirtB negligee effects, neckband Btyles or with collars attached neat stripes and figures, black sa teen and striped work shirts actually worth worth up to$l, at, each 2.1 3 MEN'S NEW SPRING SHIRTS Correct styles in pongee silk, madras ::...98c-1.50.$2 MEN'S NEQLIGEE SHIRTS All newest and most atnac- CA 71, ' tlve spring patterns, at.. J vC" JC MEN'S SPRINd UNION SUITS Mercerized silk, union suits blue and flesh color, worth up to $2.50, $2 UNDERWEAR AT 50c Men's balbrigean and silk shirts PA and drawers, all colors, 'l down to Jul Bra.ndeis' Special Ha.ts '2 Che most popular and up-to-date styles to fl? suit dressy men correct spring shades, in- P eluding the new browns you will nna hats like these priced elsewhere at $3, our price is John B. Stetson Hats -beyond all question Z JO the bust hats for men made in the country.. JitJ A if rest clearance of hats from the Martin- Cott stock these hieb. class undamaged bats arp worth 2.o0 and J ihey go at All the men's $1.25 and $1.50 hats from the Martin-Cott Hat Co. In Basement, at 50c-75c$l GOOD CANDY BARGAINS 20c Salted Teanuts, lb...I0ic Stick Candy, 25 sticks.... 5c 15c Mixed Candy, lb.... 9c Yucatan Gum, 3 pkp;s...lOc Beeman's Pepsin ( Jum pU(fS10c 30c Molasses Candy, lb. .. 10c Saturday Specials ii Drug Department 59c Violet Water, bottle. .24c 25c Albaroyal Cream, at. .10c 25c Tooth Brushs, each.. 10c 10c Chamois Skin, each.. 5c 15c Moth Balls, at 5c (r m..i 1.....,1 lnruo OUC AUJ.LUI11 lunua, 10c 2-qt. Fountain Syringe. . .39c Sea Salt Soap, at, each. ... 1c 10c Ice Cream Soda, at.... 5c 10c Ice Cream Sundae 5 c TAX CASE IN SUPREME COURT- Jud Munger Grants Certificate for Ap peal from His Injunction. WHAT RESTRAINING ORDER RESTS ON Comities Not Involved In Salt Are Named br Court and the Record la Made Vp for the Appeal. Judge Munger has certified certain fea tures of the railway tax Injunction cases to the supreme court of the United States. These are In such counties as where the ,amount In controversy is less than $2,000. The general injunction applies to the great majority of counties in the state where the amount of taxes in question exceeds $2,000. and will remain in force until It Is decided on its merils. Attorney General Norris Brown, on behalf of the counties of the state, demurred to the In junction. The demurrer was sustained and the bill of the complainants dismissed as to the counties where the amount in con troversy was less than $2,C00. Luton Faciflc Certificate. The certlncate of Judge Munuer applies to both the I'nlon Pacific and Chicago, Burlington & Qulnc.y railroads. The cer tificate recites at length the Issues in volved In the entire case, but the essential feature is embodied In the following order by Judge Munger: Now threfore.lt is certified (In the Unt on Pacific case) that the question of Jurisdic tion of this court upon the grounds here tofore states to-wlt: Whether the amount in controversy between the complainant and defendants was sufficient to give the court Jurisdiction over them was the iseue in which the case was decided, I have found as to the defendants, A. R. Morrison, treasurer of Sarpy county; Jud Holoomb of Polk county, Chr. Schavlland of Madison county; C. T. Weekes of Greeley county; W. L. McNutt of Valley county, and W. A. George of Custer county, that the amount in controversy between the complainant and each of them, as determined by the amount of taxes sought to be enjoined against him was less than $2,000. exclusive of interest and costs. It was the duty of the court to sustain their demurrer and dismiss the bill as to them, which was accordingly done. I further certified that as to the above named defendants, except A. R. Morrison, treasurer of Sarpy county, the total tax In each of said cases of which the defendants are respectively treasurers of the counties named, exceeds the sum of $2,000, but that before filing the bill the complainant tendered the defendants a portion of the tax, leaving a balance of less than $2.uu0 In each of said counties. That as to the other defendant. A. R. Mor rison, treasurer' of Sarpy county, dismissed out of. the bill, the tax levied In Sarpy county exceeded the sum ot $2.0n0, and that before riling the bill of complaint complain ant had tendered the defendant a portion of the tax, which tender was refused, and that the amount tendered was less than $2,000, and for these reasons I held that the court had no Jurisdiction over either of the said defendants dismissed out of the case. 1 further certify that It la the only ques tion of law upon the pleading and processes for the decision of the supreme court of the I'nited States, that this certificate Is granted at this term, In which the Judg ment In the case was entered. In the Burlington Cases. In the Burlington cases the general word ing of the- certificate Is similar to that ot the Union Pacific, except as regards the various counties involved. In this instance In the Burlington cases Judge Munger says: I having found as to defendants, M.J. Hlgglns, C. J. Malmsten, treasurer of Daw son county; W. C. Johns of Garfield county, R. E. Counce of Hayes county, t. A. Uecher of Platte county, Jud Hulcomb of Polk county, and Peret Dahlsten of Wheeler county, the bill shows that the total tax levied In the several counties was In each county less than $2,000; that as to defendants, A. F. Carlson, treasurer of Blaine county; H. M. Flory of Chnso county, Robert O. Fink of Douglas county, W. H. Nlckles of Grant county, and b. K. Sprague of Merrick county, the bill shows that the total tax In each county exceeds the sum of $2,000, but before tiling the bill of complaint the complainants tendered th defendants accepted a por- - . . of the taxes, leuving a uai- nf less than $2,000 In eacn tion of ace of said counes; that as to eacn of toe others dismissed out of the bill, the tax levied in the counties of which they were the respective treasurers exceeded the sum of $2,000, but the umount which the com plainant asked to have enjoined In enh county was less than $2,000, and for these reasons I held that the court had no juris diction over either ot said defendants. I further certify that It is the only ques tion of law upon the pleading and Drocesses for the decision of the supreme court of the United States that this cer tificate Is granted at the term In which the Judgment in the case was entered. 1 " w. H. MlNUEIt, Judge. tj. 1 ' I Some folks think Ghirar dclli's Ground Chocolate is only, a drink. What a lot of delicious surprises they have in store 1 Mikes toothsome cake And pustry. ghirArdelli? GROUND CHOCOLATE. BIRTHDAY FOR MAJOR WILCOX Sixtieth Anniversary of His Advent Made the Occasion ol a Fleasant Surprise. Major R. B. Wilcox was 60 years old Thursday .rld the occasion was taken ad vantage of by the employes of Browning, King & Co.'s establishment, of which the major Is the manager, to give an expres sion of their good will. The store force, with a number of Major Wilcox s mends. assembled during the early evening at me home of Ed Wilcox, 'on Binney street, near to the mfejor's home, In order that they might make a descent upon the major In proper form. In the meanwhile Major Wil cox had to attend a Grand Army meeting downtown, but he was only permitted to go under the assurance that he would re turn before I o'clock. It was about 9:16 when the major put In his appearance, and as he entered the darkened room the lights were suddenly turned up and a houseful of people were there to greet him. The major recovered sufficiently to realize the ittuatlon and the evening was enjoyably passed In cards, refreshments and social diversions. An Incident of the event was the presentation to the major of a hand some g stand lamp by his friends and associates In the store. Major Wilcox ex pressed' his appreciation of the gift most feelingly. The pleasant affair continued until a late hour, and the opinion was ex pressed that hs Is not yet a subject for the chloroform experiment, although he has reached the age of three score. ewlngr Machine rrdles for all makes of machines at 6 cents per package, and everything else pertaining to sewing machines at greatly reduced prices. Look for the red 8. 1514 Dougla str.et, Omaha. Neb.; 43k North 24th street South Omaha, Neb. TROUP DENIES LANGUAGE Alleged Decision in World-Herald is Deliberate Misquotation. ANIMUS BACK OF PAPER EASILY EXPLAINED It la Because that Paper Has Been Exposed in Its Own Game of Sharp Practice. When Judge Troup was asked concerning the report In the World-Herald purporting to be "the decision of the court" in the suit in which he had denied the Injunction sought by that paper in the matter ot advertising the scavenger tax Hat, he said he did not care to enter Into a newspaper discussion touching the question beyond saying that he was grossly misquoted. Asked directly If the language used and quoted as his was so In fact, Judge Troup said: "It was not. You and other men were here and heard what I said. I did not use the word lawless of any person or any body of men who have public duties to perform under the law, as I have." The Judg; declined to be quoted at any greater length In the matter for the rea son, he snld, that he considered It beneath the dignity of a court to enter Into outside discussions of language used In making oral decisions. The animus of the World-Herald In put ting Into Judge Troup's mouth Imputations on the republican county treasurer and county board Is understood by every one In the court house. County Treasurer Fink tripped the World-Herald up In the sharp practice It was pursuing to gt county ad vertising and It has been trying to block wash Mr. Fink ever since. "That kind of mistreatment Is all I have to expect of the World-Herald," said Mr. Fink. "When I had my attention called to this alleged report I immedltely went to Judge Troup and he Indignantly denied ever having uttered the language quoted. Others who were present say the same thing. The only point at Issue In the case was whether the World-Herald was entitled to an Injunction that would com pel me to advertise the scavenger list In that paper.. The court said It was not entitled to It and that Is all there is to it." foriheBaby Mellin's Food is endorsed by the phy sicians. Hundreds of doctors are using: Mellin's Food in their own fam ilies for their own children. If Mel lin's Food is good for the doctor's baby it ought to be good for your bsby. Let us know if you would like to try Mellin's Food and we will send you a sample bottle free of charge.' Mellla's Fees U the UIT ' Feod. which received the Grand Prise, the hishest award elthe LaaUUaa Far chase ExsMttUa. St. tsels, !. UU er taaa a geld medal. MELLIN'S FOOD CO., BOSTON, MASS. BREEN FIRM IN HIS BELIEF City Attorney Says the Treasury Me rarer Will Come Off on Scheduled Time. The city legal department stands Arm on Its attitude regarding the merger of the county and city treasury and tax' depart ments. City Attorney Breen and Assistant City Attorney Herdman say the Intentions of the charter will be fully carried out and the city treasurer and tax commissioner cut off at the end of their terms next M;iy. "The Clement, or Plattsmouth case, has no more application to the abolition of the city treasurer's office and the shifting of the duties to the county treasurer, than a decision In a horse ca.se," says Mr. Breen. "The- cases are not similar. Principles enunciated In the syllabus of the opinion are a great deal broader and stronger than the opinion itself. We are all right on botli the mergers and they will go through with out a hitch. The amount to be saved will not be anything like what It should be. The corporations butted In and caused this. But if I am alive and well at the next ses sion of the legislature this will all be changed If anything I can do will accom plish It." "The change regarding the munner of making the aasesament and levy and abol ishing the city tax commisHioner Is per fectly safe," says Assistant City Attorney Herdman. "There Is no use getting alarmed. We had this supreme court decision before us when we decided that separate laws were not necessary to make the mergers. The separate bill regarding the tax com missioner's office Is riot constitutional. It would have been better If It had been vetoed along with the county treasurer amendment. All It does, In reality, is to odd to the county assessor the title of city tax commissioner ex-ofneio. "The assessment for the city and school board taxes for 1906 Is being made now by the county assessor. He Is making the usual county assessment. That Is sufficient. The county commissioners can make as many levies on It as they are authorised to do by law. The city will certify Its levy in July for 1906 taxes and the school district should do the same thing." Arrested Wrong Man. J. H. Hunter waa arrested Thursday even ing at South Omaha on a warrant charging him with being implicated In a fraudulent scheme to obtain money from certain em ployes of the Armour Packing eninpaiiy, under the promise of securing them em ployment as laborers on the Panama canal work. When confronted by the complain ing witnesses In Judge Anderson s court It was discovered that he was the wrong man entirely, the w'tnexses fulling to Identify him as the man wanted. Hunter was there upon Immediately discharged from arrest. Mrs. Kafka Uela Vrrillrt. Mary Kafka, as administrator of the es tate of James Kafka, deceased, bus recov ered a verdict for H.SW aKUinst the I'nlon Btock Yards company, tihe waa kiiIiik for 5 0") for the death of her husband from be ing struck by an engine owned by the de fendant company while it was operating In the yards of Swift and fompany. 1 lie Jury agreed on their verdict at U.io Thursday night and returned it Into court mi s a'olonk 1'rlda.v morning. OMAHA FOURTH IN THE LIST Gate City Holds High Place in the Building Record of Country. CONSTRUCTION S.H0WS GREAT ACTIVITY March Experience Indicates that an Euoruious Amount of Build ing; Will Be Done in United States. According to statistic compiled by the American Contractor showing building ope rations in the principal cities of the coun try, Omaah stands fourth in the list In gain during Murch over the same period of the previous year. Toledo leads with a percentage gain of 1,252, Kochester Is sec ond with ti-W, Davenport third with 360 and Omaha fourth with 270. Tlio Contractor will say: "The gains in the largo centers of population, New York, Chicago and Philadelphia, were expected as a natural result of national prosperity. Omaha, Ues Moires, Harrisliurg, Pittsburg, Nashville und Milwaukee, solid and conservative cities, nut given to spurts In building opera tions, show an exceptional increase. Taken Into consideration that the last year was considered remarkably active In building operations, the further increase this year clearly Indicates that an enormous volume of building construction will be undertaken In every section of the United States." Kedlck Will llull.l Ayuyi. John I. Redlck is to put up a $10,000 store building at Twelfth and Douglas streets, next east of the Metropolitan hotel. A. II. Donecker has the contract and will begin work in a short time. Tlio building will bo of red presi-ed brick, two stories high, with a frontage of thirty-three feet and a depth of 132 feet. There will also be a ten-fo.t basement. The upper story of the build ing will have a scpi-iate stairway, so that it may be rented independently of the first floor. It will be built without partitions. The city has issued the following build ing permits: City Savings bank, two $1,500 frame dwellings at Thirteenth and Ban croft streets; F. W. Corliss, $4,500 double frame dwelling at 291U-18 South Twenty fourth; William Prlestman, Jr., $1,000 frame dwelling at Thirty-second and Maple streets. John Maus, the new Inspector In the city building department, put on because of the large amount of building construction In progress, has begun work under a council resolution authorizing him to do so. BEMIS CASE GOES TO THE JURY Judge Entelle Overrules City's Motion to Dismiss the Mult With out Argument. Judge Entelle refused to take the Bemls damage case from the jury, overruling the motion of City Attorney Breen which has been argued pro and con for the past two days. The overruling of the motion also resulted In leaving in the record certain testimony which the city wanted stricken out. The Jury In the case was excused Friday morning until Monday morning, when the Instructions of the court will be read to the Jury, The arguments will follow, and they are expected to consume all of Mon day and possibly some of Tuesday. Good digestion waits on appetite unless you take DINKR 8 DIGESTKKB. the new and rational dyspepsia cure. At Myers Dillcn Prui Co. A New Refrigerator I BPJ,miAij,j.Ai You need one. Now is m I !f?JiCtll Your chance to buy a Sm Peerless 2f rs73 k sB N "'I ,f .... ' lii 41 u n mm I im - " 6. is-:: V I- -v. -v I A White Enameled Refrigerator. Mineral Wool Insulation. Perfect Circulation, Dry, Cold, Ice Savers. Badger Refriger ators, as low as won Milton Rogers & Sons Co., f HARDWARE Hh and fa mm Streets f 4 4