THFi UM All A UAUjX B-iKt WEDNESDAY, JULY 10, 1907.
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CIBSOX LAW TO BE TESTED
Validity Question in Habeas Corpus
Com in Supreme Court.
BEESE OUT TOE SUPREME JUDGE
MlMDirl ParlSe Rallroae Warmed It
Will Re PrMeente l( It Hmi
ot File Reaneee Freight
Beheenles.
l.INi nLN, July . tSpectal.) The con
stitutionality of the Gibson anti-brewery
bill, panned by the recent legislature, la
to be tested very shortly aa Its validity
has Ik en queatlonnd In an application
fllf.'d with the aupreme court asking for a
V writ of habeas corpus to secure the release
of Julius Reusch, arretted for conduc
ting a wholaeeale and retail liquor busl
nrss. The application, will be heard at I
o'clock tomorrow. The points raised In
the application are as follows:
1. The act Is Invented for the reason ihat
the subject Is not clearly expressed In the
iitle, the act purporting to be supplemen
tary to some existing act, but not desls;
rmtlne the existing act In such terms aa to
Indicate what act It la to become a part
l. The said pretended art known aa m
f ate file number 1 la Told for the rrai
' ft j that the penality thernln aouaiit to be 1
I posod being a violation of the r..ovlsi
of the aald bill la excessive and that
Indicate what act It la to become a pan or.
The said pretended art known as sen-
reason
1m-
ovlslons
by
Its terms It purports to Inflict cruel and un
usual punishment,
ft. That said oretended act known aa sen
ate file number TH, Is further void for the
further reason that -It, on Its lace, pur
ports to deprive certain persons therein
numed from the free and unrestricted use
nl enlovment of their real estate, and
to damage the said real estate by making
It unlawful to use the same lor certain
purposes therein pretended to be prohibited;
and further seeks to Impnlr the obligation
of contracts In that on Its face It purports
to make all leases of real estate owned
by certain persons therein named to others
therein named who propose to ronnuci a
retail llauor business therein void without
reference to the time when said leases
mitv have been made, that Is to say, pur
ports to render void leases of such prop
erty for sucli purposes Heretofore maae
Void.
4. Section I of the pretended act does
not render It unlawful- for a person en
snared principally in retail sale of melt,
spirituous and vinous liquors In whole
sale quantities, In other words, the act
which your petitioner Is charged with do
ing Is not within the mischief sought to
be remedied by the Gibson act: he Is not
ft manufacturer, wholesaler or Jobber main
.alnlnr a string of saloons a ernes the state
f Piebraska. It doea not define Jobber or
(rholesaler.
6. It appears from the complaint and (he
petition herein that - yfur petitioner Is a
iUUen and resident of the city of Lincoln
Lancaster county. -Nebraska, and has been
inch citizen for more than 10 years last
past; that he Is legally engaged In the
business of selling ms.lt, spirituous and
vinous liquors at numlirr 225 South 11th
street In tbe city of Lincoln, I,anoaster
county, Nebraska, said olty being of more
. than tn.ono and less than 100.O4) inhabi
tants that on the 14th day ot May, 1K07,
Heese Oat for Kapreme Judge.
"If my friends in tho republican party
desire to nominate hno for supreme Judeo,
I shall do nothlnK to prevent them, and
if a majority o ftbe party should vot
for me at the slat -primaries j wm
cept the nomination; hod if elected I will
serve the people of the state to the best
of my ability,
This is the statement made by Judirn
M. B. Reese this morning. Continuing,
Judge Reese said: "' v
"I shall not make, a fight for the place.
If the nomination comes to me It will
have to come as a result of a general
, sentiment In my'' fard' rthroughout the
republican party, unaided by anything I
might do In my own behalf. I have re
ir-lved numerous Inquiries regarding my
probable .candidacy and I take tills method
.Judge Reese made the above- .sttUement
this afternoon ajldi hofse who-- beard the
staement regard It as Judge Reese's for
mnl announcement of' his candklucy and
a notification that the fight Is on.
In the 8tate Journal this morning ap
peared an article .to Jhe effect that Hal
leck Rose, a brother of W. B. Rose, re
publican state chairman, who Is behind
the Reese candidacy, that lie was opposed
to the candidacy of Judge Sedgwick. Mr.
Rose called upon Judge Sedgwick and
Harry Lindsay and assured them he was
not opposed to the re-election of the chief
Justice.
Judge Sedgwick, it Is understood, will
muke no formal announcement of his can .
dldacy until aftsr. the petitions have been
filed with the secretary of state. The
new primary law requires anyone filing j
by petition to at that time file a state
ment that he will accept the nomination
If chosen-and that he will serve if elected.
Mlasoarl Partite Warned.
The State Railway commission - has
served notice on the Missouri Pacific rail
road company that unless It complies with
the provisions of the Aldrich maximum
freight rate law It wlH at once be prose
cuted and the penalty Invoked, This Is
the only road . which has not yet filed Its
reduced schedules. All the other roads,
though some of them are In the federal
court for an injunction Against the enforce
ment of this law, have filed reduced sched
ules, but the Missouri Pad do has entirely
Ignored the law. The warrants have not
yet been Issued, however.
Hearing; on Barker Sanity.
Tho trial ' Frank Barker, the con
demned Wdmttr county murderer, on an
Insanity charge, la on before Judge Frost
today, th'e Jury being selected this after
noon. A number of newspaper men were
selected on the panel by Warden Beemer
but us each of them had talked with
Barker and investigated his sanity on his
own book, they were all excused.
National Guard School.
At the school of Instruction for the offi
cers of the National Guard today Captain
Omnia talked on administration, and not
withstanding the heat ho was listened to
attentively until time to go to the ball
game, when he dismissed the class. To
night Major Cruse of Omaha delivered a
lecture, after which Oovernor Sheldon and
Adjutant General Schwars entertained the
gu-trdsiiun at a reception at the executive
mansion.
Store" Hr-elerted Colonel.
Colonel Htorch of Fullerton was re-elected
colonel of the First regiment last night
and tcMny Ids election was approved by
Governor Hheldon. Inasmuch as ths execu
tive w out of town last night the result
of t, pAhvnsa of the 'vote was not an
nounced, Colonel Storeh had no opposi
tion aud. received thirty-one votej
Mef hecter lor IHstrt.t Je.
J. L.' McPheetey of Mlnden has alert his
rmme with the secretary of state wlt.i the
r'iuest' that It be placed on the primary
ballot as a candidate for Judge of the
Tenth' Judicial dlstrlot. Mr. McPheeley Is
the first person in the state to file under
the nts primary law.
Aewa of Kehrnskn.
UKATRICK At a largely-attended meet
ing luat night It was din.-l.led to observe the
llilleth anniversary of the founding of
Beau-tee with a three 'days' celebration. A
rtmimttrte t business man, to bo appointed
r President klllKir of the Commercial
club, will have charge of the affair and
will soon make a canvass of the town for
financial aid.
BKA1HH K-Martba Kloepper. the young
daughter tf Mr. and Mrs. Henry Kloepper.
living Seven miles southwest of the city,
led yesterday. Interment will be at Cla
lonla. BKATRICB-Beatrtce lodge No. 117. Inde
pendent limr of nd Fellows, met laat
night and Installed Uieae officers: F O
McUlrr, noble grand; V. K. ilcOlrr. vice
grand; W. R. Tripp, right supporter to
obla and; Albert Ledger, warden; fa. U.
Avey, conductor: C. J. Burton. Inside ,
uard; J. K. Field, outside guard. I
MhATHICtt The rase of Marten Htunn. 1
Iharged with menm-thim. .nd .,n. I
wnom me county attorney filed a com
plaint to have sent to th reform school.
was called yesterday In the county court
and crmtinued for thlrtv dsvs. Jurise
Hailett has taken the girl and will try
and llnd a good home for her.
HKA1 RICE Word has been received
here of the death of Elmer Greer, a
former resident of Beatiiiw. who died re
cently at Cambridge, Neb., from Injuries
received by s vicious bull.
ih n, A 1 K I C B A rei.ort was received here
yesterday from Marysvllla. Kan., to the
effect that the first new wheat marketed
at that place yeserday afernoon ested slxty-
rour pounds o the bushel. Farmers In
Gag couny are of the opinion that there
are a number of fields which will yield
as high as thirty-five bushels to the acre
end test as much as sixty-one to sixty
four pounds to the bushel.
Mr.ATK K K The July term of the district
court convened here yesterday with Judgo
napr on the lench. The case of Ewart
against Ptoll. a damage suit, was tried
and derided In favor of the plaintiff. The
case of the Nebraska Central Building and
Loan association vs. Mi-Candlesa. a fore
closure suit, was railed and will not be
finished before some time Wednesday.
UKATRICB Farmers are Davlnr exorbi
tant wages to laborers for work in the
harvest fields. Rome have Paid aa high
as 12.50 per day and board.
nWATRICE-H. J. Merrtrk has Dtirrbased
the hardware store of Damrow Babb at
Adams.
CALLAWAY Saturday evenlnr Elva. the
little 2-year-old daughter of Mr. and Mrs.
vv. It. Henderson of this city, got bold
of some concentrated lye. It 1s thought
she will recover without any bad re
sults.
t'A LLA WAT1 One of the worst electrical
storms of the season passed over this
locality Friday evening, accompanied by
a high wind and somt hall in places. It
Is reported that south of this rlty all
crops were ruined by the hall, while some
ten miles east of here it demolished one
house and several outbuildings within Its
ath. One house In Callaway was struck
y lightning, the Molt passing through
every wall In the house. The shoes of
the occupants, which were on the floor
heslde tho bed, were torn to pieces, nut
luckily no one was Inlured. Nice rains
have visited this locality the last three
nights, and the growing crops are In the
best of shape. Wheat harvesting will be
gin this week, and the crop Is reported
the best In the history of the country
Corn Is growing rapidly, and mojt of
the farmers are now rultvatlng their fields
for the last time. It la reported by travelers
that the rorn rrop In this county is at
least three weeks ahead of the rrop In the
eastern part of the sate. Iowa and Illinois.
M'.HRASKA CITY The contest In the
Fnultless Caster company Is still on. Pres
ident B. Tf. Noeltlnr has filed bis answer
denying that plaintiff. Mnccualg. had paid
him the sum claimed, but that Maccuaig
had overdrawn his account In the sum of
98S.95, and thnt he. Noelling. was resdy
to nay him $4.1315 for his shares. Mrs.
Emily Montgomery has filed a separate
answer. In which she coincides with
Mnccurtlg's petition. The case will he
aired at the next term of district court.
NEBRASKA CITY The Protestant
churches here have lolned hands and each
K unday evening during the extreme warm
weather will hold outdoor services. The
Orpt one was held Sunday evening last
and was quite a success.
NEBHAPKA CITY The' traveling men
of this city have caught the base ball
fever and In their first game beat the
postofllce nine by a score of 12 to (i. They
are now looking for a bigger game.
NEBRASKA CITY The report of the
secretary of the public library shows that
during the year the directors had $1,729
with which to pay running expenses, and
of that nmount only $1,206 was expended.
Purine the year 17 Snew books were
ailded. Th?re are SI!) readers' cards out.
The liooks rend were: Adult. Action,
6,0f6; adult rif!i-Tious. 20; luvenlle
fiction, 2." " " -'-" .nonm, 7
"'"AS K A CITY On account of the
ela-k patn . ,ai ivsiem if
this city will Increase the price per ride
to 10 cents Instead of 5 cents.
NEBRASKA CITY When the case of
Br-rnhni-t Carls, who made application for
liquor license at Punbar, was heard In dis
trict court, the costs of the case were
taxed to the remnnst rators, hut now. an
agreement hes been produced which snva
that the loalng party shall pay all the
i-ibb. i ins means mat Mr. carls will
hove a bill of $432 to settle. Another ap
plication for license has been filed by
NEBRASKA CITY Monday morning
William Vandenerg, who wos sent to the
syium some time ago as a dipsomaniac,
was. taken to Lincoln again, aa he had
violated his parole.. HeJa. M. .resident Mtf j
1 TftTirtage.
NEBRASKA CITY On Jiilv 11 the Pim.
tal Telegraph company will close Its
offlce here, on account of difficulty with
the Independent Telephone company, on
whose poles It had Its wires strung, and
Mrs. Mary Welthoener, who has-been In
charge here for years, will leave for Beat
rice, where she will be In charge of the
Office. j
BLCE HILL The tent meetings began
here last Friday with a large attendance
every evening. Rev. Mr. Smith of Wis
consin and his daughter are oonducttng
the meetings.
BLl'E HILL-Marvest Is on In full blast
and will all be completed this week. In
most fields two machines are running.
YORK Ray Jackson, of the firm of Jack
son A Kettleberry, butchers, aecldently
stabbed his irm with a nail and blood
poisoning set In and his arm Is In a very
serious condition.
YORK Prof. George M. Jarnha has d.
cided not to rebuild his business college at
Aurora, wnicn was recently burned down.
Prof, and Mrs. Jacobs have both been
engaged In Lincoln the coming vear. and
will have charge of the business depart
ment of Cotner university. Tills Is the
school from which Mr. Jacobs graduated
YORK The bids for paying district No.
I were opened-this afternoon and the con
tract awarded to M. Ford company, who
Just completed the paving of district No.
I .Tne rrlc wa" ,! P6 Pr JUre vard for
brick pavement and 70 rents per foot for
romhlnatlon rurb and gutter. There were
no other bidders. Although bids were ad
vertised for asphaltum there were no bids
sent In.
HARVARH-rMIss Laura Baylea, em
ployed In the Harvard 8tate bank, who
was serlouslv Injured by a fall July 4
while attending a picnic at Stockham, In
gaining nicely with prosnects of fully re
covering from the Injuries sustained!
HARVARD Wheat harvesting Is being
pushed as fast aa machines and men can
be found, and this week will see most of
the crop safelv n shock should Continued
favorable weather prevail
HARYARnRonds for the new school
bifldlng. carried by a good malorttv. and
the Board of Education, are making neces
sary arrangements to start the building
as soon as necessary arrnngements can
be made.
GENEVA-Wheat harvest Is going on
with fine weather for It.
NEBRASKA FROM DAY TO DAY
Qnalnt and Caw-lone Feat area of Life
In Rapidly Crewlag
Stat.
A man who Is able to write a check Is
worth a dosen who write poetry. Auburn
Granger.
What Counts Allen may have a Meth
odist preacher that can "lick" "our'n1 and
a pretty scrappy editor, but when It
comes to pretty girls. Wlnside steps out
in front of 'em all. Wlnside Tribune.
Tough Luck A young man living near
Valparaiso and enjoying single blessed
ness missed his dinner one day last
week. He put a ham bone on to boll and
went to the field, feeling assured that
dinner was preparing, . Returning to the
house ' when It wsa nearly noon he saw
a stray dog In the yard munching a bone
3C
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"7 4t0'
I'oon Investigating he found that ths
Ht.s- had bimned In at an oDen window
...... - . . .. .
aK" Done, after having emptieu
the kettle of the broth,
bachelorhood.
So much for
Helton's Social Side Several of the
boys lost their hats on 'heir way home
from a meeting of the Ialton Social club
In tho new Davis building Saturday night,
cause unknown, but presumably It was
on account of the swelling of the tied,
thereby pushing the hat up Into spacn,
and the high wind that prevailed that
night took them adrift on the prafrla.
One young man pushed his arm through
his hat and was using It for a sleeve
holder; another young fellow was using
his for a bracelet around the calf of the
leg. Oh, well, tt Is an 111 wind that blows
nobody good. The hat man made the sale
of several new hats the next day. He
expressed the wish that the DaJton Social
club would meet every night. Sidney
Telegraph.
On the Bum Talk about men going on a
bum they are not In It with the women.
Last Wednesday about thirty members of
the ladles' aid society went to Waterbury
and took in a big fed at the home of Mrs.
C. P. Rose. Not being satisfied with one
hle di.y off, they bundled up again Thurs
day, the next day, and went out to the
home of Mr. and Mrs. Frank Dyson. Here
they again fed their faoes, swung In the
hammock, rolled in the grass, quilted,
knotted comforts and cavorted around in
genoral good time. In the meantime their
poor forlorn hubbies had to stay at home,
get the meals and take care of the children.
But then we guess the ladles all had a good
time, as they came home looking ten years
younger. Allen News.
A Card of Thanks The day is not far
distant when "cards of thanks" will be a
thing of the past. When death enters a
home neighbors never fail to do all In
their power to place a silver lining back of
the dark cloud, sid they do not expect or
desire any thanks through the public press.
One subscriber, however, not to be out
done, sent In the following: "Mr. Editor:
I 'desire to thank the friends and neighbors
most heartily In this manner for their co
operation during the Illness and death of
my late husband, who escaped from me by
the hand of death on last Friday morning,
while eating breakfast. To my friends
and all who contributed so willingly toward
making the last moments and the funeral
a success, I desire to remember most kind
ly, hoping these lines will And them en
Joying the same - blessing. I have also a
good milch cow and roan gelding hprse,
eight years old, which I will sell cheap.
'God moves in a mysterious way, his
wonders to perform. He plants his foot
steps upon the sea and rides upon the
storm.' Also a black and white shoat
cheap." Humphrey Democrat
GOULD COMPLAINT AMENDED
Most Sensational Allesratlons In
Divorce Bill Ordered Stricken
Ont.
NEW TORK, July 9. The two most sen
sational allegations In the suit of Kath-
erlne Clemmons Gould for a separation
from Howard Gould were today stricken
from the complaint by order of Supreme
Court Justice McCall. The sections of the
complaint stricken out are those which
allege Infidelity on the part of Mr. Gould
and that he tampered with Mrs. Gould's
mall. A third section of the complaint
which Mr. Gould sought to have removed
from the complaint charges him with' hav
ing had his wife, watched by defectives.
This allegation the court allowed to re
main In the complaint. -
TONE OF THE DOCTOR'S VOICE
"Insile or Double- Pre In Cases of Coa
tagrlon lianas on a Slender
Distinction.
Omaha physicians, who have a regard
for the financial welfare of patients will
hereafter exercise care in regard to the
manner In which they call upon -the city
physician to consult with them regarding
the nature of cases under treatment.
Under the opinion of the commissioner of
health the city physician Is entitled to
the usual physician's fee when he Is called
by another physician to examine a patient
as consulting physician, and if the patient
is able to pay the fee he may be held re
sponsible. On the other hand. If he la not
called into consultation, but to finally de
termine the nature of a disease under
treatment he Is entitled to no fee.
The difference may not be plain to the
ordinary . mortal, but an Illustration can
be understood. If the attending physician
calls up the city physician and says "there
Is a contagious disease at house." the
city physician must go out. make an In
spection, and if he decides that the dis
ease Is contagious, he places' a placard
on the house and tells the attending physi
cian to report progress. If the attending
physician in calling up the city physician
should say, "doctor, there is a case of
illness at 's home and I wish you
would look at It with me to determine tf
tt be contagious," the visit is made in the
same manner, the same precautions taken
and must pay two doctors if he is able.
BODY FOUND AT PLATTSMOUTH
Corpse of Dro nned Sinn Taken from
Illver There nt Noon
Tnesday.
The body of a middle-aged man was
taken from the Missouri river at Platts
mouth Tuesday noon. A body afloat was
seen from South .Omaha about 10:30 Tues
day morning, but It is not believed that
It was the same. Searchers for the B. A
M. railroad have been watching the river
banks for the body of A. J. Anderson, who
fell from a pile driver Monday. It was
thought at first that the corpse at Platts
mouth was that of Anderson, but later re
ports disproved' this.
There have bon two other drownings in
the vicinity In the past few days, Charles
Klofat on the Fourth and Albert Ulrlch
Monday night. Of these two it is more
likely that Klofat would have come to the
surface and have been washed as far
down as Plattsmouth.
Oldaeld Clears Himself.
PORTLAND, Ore., July .-The complaint
filed against Barney Oldfteld, the automo
bile driver, charging him with swindling the
public by means of an alleged fake automo
bile race, has been withdrawn, Oldfteld hav
ing made a written statement of his con
nection with the affair which was satisfac
tory to the complainant. Oldfteld was
blamed for the failure of the race meet.
DC
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AFFAIRS AT SOUTII OMAHA
Council Springs a Surprise by Cutting
Down the Lery.
MAKES ECONOMY NECESSARY
Cnttlnsj Down Expenses Do ring Re
mainder of Present Fiscal Year
Jeeeaarr Order to Pre
vent m DeSclt.
The council Introduced the general levy
ordinance last night and sprung a surprise
by cutting the levy to I I mills. On a val
uation of t21.CM.rC7.M this will produce
$l!Nk.K0.2O. Against this only 90 per cent
may be drawn, leaving the actual available I
funds $162.77$. 60. Such a figure Indicates
a policy of the most rigid retrenchment for
next year. It has been assumed I that the
city would be obligated to spend $220,000 In
the coming year. There la no possibility
of reaching this figure from the levy. The
balance at the close of the year will be
practically nothing, and there Is no hope
of other collections bringing In more than
$3Ji,ono. Therefore there remains for the
city expenses about $200,000. In the eleven
months elapsed of the present year the ex
pense has been $501,000. It will reach $215,000.
The mayor sent in a communication
stating that he would not allow any boost
ing of funds beyond the expenditure per
mitted by the charter. He therefore recom
mended that 108 arc lights be cut off for
the balance of the month. The Board of
Fire and Police Commissioners wss In
structed to cut down the expense of the po
lice department to cover the $500 shortage.
This means that fully six patrolmen will
have to be laid off for the balance of the
year. For next year eighteen are lights
will have to be dispensed with and no others
may be added. Similar economy will have
to be pursued In all other departments. The
Interest on the city obligations, counting
the bond tssues conservatively at $1,260,000,
equals $TA0OO. There Is In the fund $Gl,61f.
This leaves $1,611 to pay the maturing ob
ligations. The Interest during the present
year will resch the large sum of $70,000, of
which $3,143.S7 has been paid already. Next
year the Interest will be still larger. It
is apparent that there will be a shortage
there of $20,000.
The following Is the exact division of the
funds of tho levy ordinance:
General fund..; , .'..$ 84,200
Fire fund 18,00
Police fund lfi,2no
Public light 13.600
Water fund 1.1,600
Llhrarv fund 4.500
Park fund 1260
Street repair 6,3"0
Judgment 2,7.10
Interest fund 61,611
Total $162,8)1
Total taxes. 1!06 $212,743.63
Total taxes, 1907 1W.9S3.00
Street Vacated for Mill.
The council passed on several Important
measures. One of them was the -recom
mendation of the ordinance vacating C
..root, from Twenty-eighth to Twentv
j ninth. This was done on the petition of
u. jj. Christie, who announced that a
large Minneapolis flouring mill company
was on the point of locating on property
In that vicinity. It is practically assured,
therefore, that the concession will be
granted. Mr. Christie still withholds the
name of the company, although he said
that a representative was in the city last
Wednesday to look after the affairs of his
company, it having been reported that the
concession would be made last, Wednesday
night. V '
The ordinance ordering the Issuance of
! bonds for the pavlnr-oC.il atreet was Intro-
i duced
The work will et $1,900. -
The ordinance providing for the Issuance
of $30,000 Intersection bonds was passed.
The city attorney reported unfavorably
to a settlement of the olalm of J. L. Cohn,
whose horse was hurt at Twentieth and
N streets. He recommended a settlement
with Miss Anna Meyers for personal In
juries. Her claim was $7L
W. H. Queen an filed his official report on
the valuation of the real and personal
property of the city. The total Is $22,064,
837.30. A communication was received from the
Union Pacific railroad to the effect that
It could not at present furnish the city
with plans of the proposed Q street via
duct. The chief engineer stated thatj the
force was working on the plans.
An ordinance was introduced making
Twenty-third street a boulevard. A lengthy
petition was received, asking that this be
done.
A paving district was created for the
Improvement of Q street from Twentieth
to Twenty-fourth.
The city engineer reported favorably on
the L street viaduct. He said that It
could still bear an ordinary load. The
weakest point Is directly over the Union
Pacific, tracks, where the acid of the
engines has cut off about a third of the
i thickness of the floor beams. He recom
mended that the viaduct be kept open.
A number of special ordinances .levying
taxes for grsdlng and sldeWulks were
passed. The clerk was Instructed to ad
vertise for bids for the construction of
temporary sidewalks of permanent ma
terial. The Omaha Electric Light and Power
company was ordered to take down Its
poles on U street from Eighteenth to
Twenty-fourth and on 3 from Eighteenth
to Twenty-fifth.
G us Hamll A Co. were allowed $496.01 for
sidewalks laid under city contracts.
The council and the building inspector
had a setto over the tearing down of the
Riley feed store on Twenty-fifth streot
near N. It ended by peremptory orders
being given to give until July IS as a
limit for the removal of the building. The
building Inspector does not want to tear
the building down.
Police I'p In Arms.
South Omaha, from the mayor down, was
at the boillrtg point yesterday afternoon
on learning that Assistant County Attor
ney Coad had dismissed the case against
"Dock" Johnson, or Beverly, for shooting
Walter Gleaves a week ago Saturday night.
Tlie evidence In the case was that the two
men had cuarreled over a game of cards
and Johnson ordered Gleaves out. Gleaves
went out the back door and started around
toward the front to gain the street. John
son ran out the front way and met
Gleaves as he came out from the rear and
shot him through the hips. The ball passed
entirely through the body. Gleaves showed
most remarkable recuperative powers and
DC
300C
FOR BREAKFAST this morning? Cut out meat and white flour
pastries for ten days. Eat Shredded Wheat -and notice the difference.
Contains the greatest amount of nutriment with' the least tax upon
the digestive organs. Heat in oven before serving. At your grocers.
zrzzziczzzzzionczrzzzt- if"
yesterday walked from the hospital to the
police court to give his testimony In the
case. A number of witnesses appeared to
substantiate the story and Johnson prac
tically confessed the shooting. The gun
wss found In his possession when El tf el
dor and the marshal at Fort Crook cap
tured him at that place Sunday, June to.
He drew the weapon and threatened the
officers and came near making his escape
by ss doing. Ths gun was exhibited la
court and was ths Isrgnst ever seen there.
Notwithstanding all this, the attorney
moved to dismiss the case. The South
Omaha officers were roused to a white
heat at the action and Immediately railed
on Attorney English to make an Investiga
tion. He promised to take up the matter
st once. Johnson was at once re-arrested
on two other charges.
Christie Brothers Hell Ont.
The firm of Christie Bros., being II. M.
lumber and real estate business to Joseph
Qarlow, an o'.d-tlme commission man of
the city. The consideration was $20,00u.
and 8. C. Christie, has sold out Its coal,
Christie Bros, was one of the best known
firms of the city and It has operated hete
for several years. The members of the
Arm Intend moving to Seattle, Wash.,
In the near fnture. H. M. ChriBtle said:
"I expect to conduct the real estate busi
ness here until August 1. K. L. Oustaf
son, now In the employ of the Packers'
National bank, will then take oharge jf
that department. Fred Garlow, a son of
the veteran commission man, will have
charge of the coal business. I thing
Seattle a commanding point. It has more
resources than San Francisco.'
Masrlo City Goasln.
Glynn Transfer Co. Tel. So. Omaha Ma.
The city council meets tonight In ad
journed session.
Miss Florence Campbell Is 111 from an
attack of tonsllltls.
Miss Jennie Woodrlng of Llnooln Is tho
guest of Mrs. Q. F. Beavers.
Jetter's Gold Top Beer delivered in all
parts of the city. Telephone No. S.
Mrs. Belle Ralston Kelly of Gothenburg
is the guest of Mrs. John Caughey while
en route to Excelsior Springs, Mo.
Miss Mabel Melcher and Miss Vera Ben
nett returned to Peru Monday to con
tinue work at the summer normal.
Sheriff Larson of Corning, la., came to
South Omaha and received H. K. Johnson,
wanted in that state for horse stealing.
Mlsss Martha and Miss Bertha Larson
of Marshalltown, Ia are visiting with
their cousin. Miss Mabel Martin, 616 North
Eighteenth.
The following births have been reported:
George Crowe, 1218 North Twenty-eighth,
a boy; Julius Tandren, Thirtieth and
Jackson, a girl; F. E. Mullen, 723 North
Twenty-first, a boy; B. Freidman, 2SM
R, a girl; Julius Miller, Forty-first and X,
a girl.
Word comes from Los Angeles through
David Anderson that Tommy Bayless, a
former young man of this city, has been
sentenced to five years In San Quentln for
robbing his employer s store. His ratner
was a former member of tho city coun
cil and his mother conducted a boarding
house at Twenty-fourth and M streets.
LITTLE ONES WANT HOMES
Child Savin a- Inetltnte Now Has Many
Varieties for Hospitable
Homes.
If any person desires a baby In the home
the opportunity Is now presented" in the
following from the Child Saving Institute:
At the Child Saving Institute twenty-four
babies are waiting for good homes. Black
eyes and blue eyes, winsome boy babies and
girl babies look up appealingly Into the
faces of visitors. Hundreds of homes need
these little ones that carry sunshine
end Inspiration and blessings with them
wherever they go. Those who go there
this week can make choice from a large
variety. The reason for the accumulation
of so many was an epidemic of measles
last spring, which hindered the work of
placing. That trouble Is entirely gone and
the bright, promising little ones need
homes. There are older boys and girls at
the Institute for adoption.
A committee on placing children In homes
will be at the home -Eighteenth and Ohio
streets: every morning during the week
irom 8:$0 until 11 o'clock and also Sunday
afternoons, to receive applications and have
conference with any who may wish to
take children. Letters addressed to the
Institute will receive prompt attention.
The telephone number Is Webster 1991.
ELLERY'S BANDJMAY BE HERE
Manager Glllaa of Andltorlnm Trying
to Arrange for a Two
Weeks' Stay. -
Ellery's band may come to Omaha this
summer, says Manager Glllan of the Aud
itorium. Mr. Glllan wrote to get It and the
band's manager replied he could not come
unless he got a four weeks' engagement.
Mr. jGillan thinks Lincoln and St. Joseph
or perhaps Lincoln and Sioux City would
take theband one week each and has mado
this suggestion to the management. Omaha
could support the band ..two weeks, and
If the two other towns would take it the
other two weeks It would pay Ellery to
make the western trip. He Is now at Chi
cago.
RATE FOR HARVEST HANDS
Union Pacific, Bnrllna-ton and Mis.
sonrl Pacific Will Grant Cent
Fare Into Knnsas.
TOPEKA, Kan., July . Governor Hoch
today received replies from the Missouri
Pacific, Rock Island, Burlington and Union
Pacific railroads concerning the establish
ment of a 1-cent rate for parties of five or
more on one ticket from Chicago and In
termediate points to the Kansas wheat
fields, and all but the Rock Island's reply
were favorable. The Rock Island contends
that the farmers east of the Missouri river
need men aa badly as do the Kansas farm-
era.
ron TMt MAN WHO WANTS
UMMCtt COMFORT.
mnv avvLce in white and
rNCV sA7TtfcN.
ASK rO OIU ITT IMIRT
kOOK FOR TNI CLUSTT LABEL
CLUCTT. PKABODV CO.
mm wheat
DOCTORS PRESCRIBE
Dr. W. S. Lewis, a prominent physician of Canton, Pa., says:
"I have used Duffy's Pure Malt Whiskey for years, and re
gard it as the safest and most reliable tonic stimulant."
This well-known temperance doctor recalls in his letter a case
of a minister's son whose life he saved by the use of
Duffy's Pure Malt Whiskey
On October 31st. 1906, Dr. Lewis wrote: "I take pleasure In adrlalng
you that I hare Used Duffy's Malt Whiskey In the sick room for many years,
and consider It the purest, safest and most reliable tonlc-etlniulant I ever used.
Even with the children It never has any nauseous effect.
"Some fourteen years ago 1 recall very distinctly having a case of sthenic
bronchltlsUn Edwin, ion of BenJ. Tracy, minister of M. K. church. Canton,
Pa. One evening I was summoned In haste and found the patient dying from
sheer exhaustion, hurried out my hypodermic needle and Injected one-half
ounce ot Duffy's Malt Whiskey in each limb. To the surprise of all, the boy
beg-an to breathe and could soon take a little Duffy's Malt Whiskey In milk.
Brother Tracy was a rank temperance man, but said that thereafter he would
never condemn whiskey when used In the proper place, being satisfied It saved
his boy's life.
"I have been a temperance man all my life, but have always been a firm
believer in the use of Duffy's Pure Malt Whiskey for medicinal purposes. I
also claim that after one has passed fifty-five years (for then one la on the
downward path of life), one should take Duffy's Malt Whiskey as a tonlc
tlmulant. It renovates the system, opens up the secretions, gives life and
vigor to the generally broken-down tlasue and increases longevity, I have no
other Interest, either direct or indirect, in Duffy's Malt WhUkey than that It
has proven to me a genuine article in these days of adulterations."
The doctor's letter is one taken at random from thousands of similar
ones received extolling the virtues of this great family medtclne.
Duffy's Pure TJlalt Whiskey
Is distilled wholly from malted grain by a moat expensive method which has
never been made public. This private process insures Quality and flavor. -Ita
softness, palatablllty and freedom from those Injurious substances found la
other whiskeys make it acceptable to the most sensitive stomach.
It acts as an anti-toxin which destroys and drives out all disease germs.
Its results are free from that depressing effect caused by poisoning th
blood with many medicines. It Is a tonic and invlgorant for old and young,
and its. medicinal properties make it Invaluable to overworked men, delicate
women and sickly children. Duffy's Pure Malt Whiskey has been analyzed
many times by the best chemists during the past fifty years and haa' always
been found to be absolutely pure.
Caution When you ask your druggist, grocer or dealer for Duffy'B Pure
Malt Whiskey be sure you get the genuine. U'b the only absolutely pure, medi
cinal malt whiskey and is sold in scaled bottles only; never In bulk, Price
$1.00.. Look for the trade-mark, the "Old Chemist," on the label, and make
sure the seal over the cork is unbroken. Illustrated medical booklet and doc
tor's advice free. Duffy's Malt Whiskey Co., Rochester, N. Y.
TOURIST
A lug! power motor car tkat can t make fifty,
miles aa tour is a poor enicla. So let u svlaait aal
eliminate question of spcstL, since ervoa poorly Built en fin as
can produce it occasionally.
Tte great question ia, now will tney atand
up under the speed tLe engines warrant? How long' can
tie eatfuM keep it up? How loaf eaa the other parte Stand tlu
strain and Low doea tLe Lodjr fare likewise springe, axlee. etc.,
ad libitum?
I - .;. ;
Endurance! Tnat $ the thing which proves the
motor and tne car. And tne only n otora and care wLicn
can satisfactorily answer tkrse questions are tLose wLose propor
tion are scientifically correct and each of wlicL resists and works
witl tLe others as tLe engineer intends. '. ' ,
So far as the Royal is concerned, it is answer-
ing tne questions every day wkcrevcr it ie owned -and
it is answering te tLe otter satisfaction . of everyone wLo eile.
It has answered tLe questions folly since tLe first year it was
built, for its principle tkea is its principle now. It. motor design
of years ago is its design of to-day and will continue so utsl
science slows Jardine our engineer a letter one.
So far as the RoyaFs heauty is concerned, it is
tLe American beauty. See it and you will say so. Rid.
in it and try it out and you'll Is, a Royalist togetler witl otlcr
discriminating men wlo lay tie lest of ercrytling regardless
of prion.
1907 Royal Touring Cu, 45 H. P., Mcxltl G, K003. Royal Limourioe, $5,000
1 Writs ice catalogue containing bum prints of cu "
ROYAL
No Matter What You Want
Bee Want Ads Will Get It
,r
3C
ftswW&frf aCss eAe iW
MOTOR CAR CO.
CLEVELAND, O.
0
0
3C
