COME EARLY! REMEMBER THE RICHEST PLUMS DROP FIRST "ww"ruxriJ'XiTji-rxnjijiiiiiJr',''" - - - "rrr"TiaasrnrnfsjnjnriJu Our 10th Semi-Annual Mail Price Suit Sale WILL START SATURDAY. JULY 13ti SMALL LOTS AND ODDS AND ENDS OF OUR REGULAR STOCK AT EXACTLY ONE-HALF REGULAR P.RICES This announcement is all-sufficient to thousands to others not acquainted with this store and its methods we can but say these season's end half price sales are the means by which We close out completely all odds and ends; we cast profit making aside to effect a thorough clearance. These tactics enable us to open every season with brand new stock. HERE'S A GREAT OPPORTUNITY FOR MEN WHO WANT THIER DOLLARS TO DO DOUBLE DUTY For every dollar spent here during this sale will get $2 worth of clothes perhaps you're doubtful well come is'nt so, you're ur.der no obligations to buy. We'll be glad to see you anyway. Men's Suits that we sold for $7.50 go for 3.75 Men's Sirits that we sold for $20.00 go for 10.00 Young Men's Suits at v i in, ir it LvJ Mttiti i&A ' y A HALF P U1 Young men are usually pretty well posted on youthful styles that is one of the reasons for the popularity of this department. "When we an nounce we are going to sell all the broken lots at half price we anticipate a busy day. Remember the early shoppers get the best picking. Young Men's $7.50 Suits for 37 2 Young Men's $10 Suits for Young Men' $12 Suits for $6.00 Young Men's $ Suits for $7.50 RAILROAD VALUE STANDS Supremo Court Eefoset to Order s " J Eedistributioni ;T'.t.'-:' .' . "'"! " ' ' ' ' 'iCTHEAEH EENTEKCE IS MODIFIED . Itnl USm Imprisonment, fmfm to Ta Tear, bmt Harrlaom Ckfk im to Be Hiuisad o Aarut SO. WXOOUti. July 11 (Special.) Tt U (Ptvma oourt baa raf uaad to tsaoa a writ of mandamus to compel the State Board of JLsaesamant to reounrene and distribute the value of railroad property aocordlng- to average value per mllo, as anked by Judifa Sullivan on behalf of Platte oounty. Tlie board found the value of the Union Paclflo at $75,000 a mile over the ayatem in Ne braska, but distributed the value aooordlnc to main and branch llnea. Branch lines traverse Platte oounty, consequently all of the road In that oounty waa not valued at the average or 175,000 a mile. The oourt held. Chief Justice Sedg-wrlck writing the opinion: "When a atatute haa for nearly forty yearn ben practically construed by the offi cers whose duty It Is to enforce It. and has during; that time bn several times re enacted by the legislature In substantially the same terms, such oonetrucrfbn will be refrarded as adopted by the leirUlature al though the language of the statute would Indicate a different meaning." All States Board of Assessment In Ne braska have valued the main and branch lines separately or at a different value, and this method has been upheld by the oourt. aihwa Law Not Involved. In the matter of the applloatlon of Julius Reuaoh of Unooln, charged with violating the Blbson anti-brewer law, for a writ of habeas corpus, the court has ordered ths prisoner discharged, but haa not decided the constitutionality nf the Olbann act. The oourt bellevea that this act was Intended to prevent manufacturers, wholesalers or Jobbere of intoxicating liquors, or their agents, from selling or being Interest In the sale of Intoxicating liquor at retail, and net to prevent an occasional sale of liquor by a retailer In a quantity In excess of an ordi nary retail sale. Reusch had sold two bar rels of liquor to another saloon keeper. He was not charged with having made a sale at retail, but with having made a sale at wholesale, which the court says la not within the Inhibition of the law. Jay O'ltraro'a Sentence Redneed. The death sentence of Jay O'Hearn haa been reduced to life Imprisonment; the sen tence of Joe Warren, who was convicted of robberry committed at the time O'Hearn committed murder, haa been reduced from fifteen to ten years and the death sentence of Harrison Clarke, charged with the mur der of Joseph Flury. has been confirmed by tlie supreme court and the time of execu tion fixed for Friday, August 30. O'Hearn waa charged Jointly with Kay Nelson. Io Angus and Joe W.rren with murder ln the first decree by shooting and kllline; Nels I.austen on January 3D, while ln the at tempt to perpetrate a robbery. O'Hearn was tried separately, convicted and his pun ishment fixed by the Jury at death. Th other defendants pleaded not guilty, but afterwards Angus and Nelson were per 44 The Queen of Young Men's $8.50 Suits for 4.25 Apollinaris mitted to enter a plea of guilty to murder In the second degree and were respectively sentenced to Imprisonment for life. Warren was acquitted on the charge of murder while attempting to commit robbery, but was later prosecuted and found guilty on a charge of robbery, hla sentenoe being fixed at fifteen years ln the penitentiary. His attorneys pleaded that he had already been placed In jeopardy on a charge of murder and robbery and therefore he could not be prosecuted on the robbery charge. The oourt held: "An acquittal of a defendant on the charge of the murder of one Lausten held not to be a bar to a prosecution for the ortme of robbery of Lausten committed at or about the Urn of the killing." The court reduced the sentence because Warren was not ln the saloon at the time the robbery was committed and was In all probability unarmed, and beceatlse of Tils youth and the belief that the killing of Lausten by the other defendants must have perhaps have unconsciously Influenced the oourt ln Imposing a heavier sentence than would otherwise have been pronounced. The oourt considered a sentence of fifteen years excessive and that a sentence of ten years would better subserve the ends of Justice. In the matter of 0"Hearn. the court said: The verdict, Insofar as It responded to the Issues of guilty or not guilty of the crime of murder ln the first degree, was fully Justified, but ln view of the evi dence, which shows that Nelson, while not the oldest ln years, was the olde.U In crime, was the only defendant who was a.-quunted with the saloons In the part of the city wheer the crime was com- i mlttml; that he, with Angus, purchased the rovlver with which the fatal shot was fired and that he was apparently the ringleader, and considering the further fact that the defendant haa barely arrived at man's estate. It la our opinion that the punlnhment Imposed, taking all the cir cumstances of the case Into consideration. Is exces8lve. Since the defendant acknowledged the crime, the Judgment of tne district court la affirmed, but the sen tence of death heretofore pronounced is set aside and the Judgment and sentence of the court is that the defendant shall be Imprisoned during life. Clarke Sentence Affirmed. Harrison Clarke, Calvin Wain and Clarence Qathrlght were Jointly charged ln the district court of Douglas county with the murder of Edward Flury, a atroet car conductor, while attempting to rob him. Clark demanded a separate trial, waa convicted of murder In the flrat de gree and the Jury fixed death aa hla pun ishment. The court affirmed thta sen tence and fixed Friday, . August to, for carrying Into execution the Judgment and sentence of the district court. The court says the bill of exceptions In this case shows upon Its face that It Is Incom plete and does not contain all of the evi dence, and It would be Justified In refus ing to consider the assignment of error that the verdict la not sustained by the evidence. In view of the fact that thfs la a capital case and the Jury had fixed death as the punishment, the court has read the record, given It cartful consid eration and Is of the opinion that it con tains no reversible error. The court says It Is fully satisfied that the evidence is auflVlent to prove the defendant's guilt i beyond the peradventure of a doubt, and that the evidence contains nothing which would Justify a modification of the ver dict of the trial court. Judge Barnes wrote the opinion In the Clarke cane and Judge LettoSi the opin ions In the O'Hearn. and Warren cades. Kearney Veto Stands. The supreme court has declared valid the Table Waters" Men's Suits that we sold for $10.00 C A1 I Men's Suits that we sold for $22.50, II -)C go for . JiUU go for Il.eJ Men's Suits that we sold for $12.00 AAA Men's Suits that we sold for $25.00, 1 C A go for OaUU go for IJU Men's Suits that wo sold for $15.00 go for 7.50 Men 's Suits that we sold for $18.00 Q AA Men's Suits that we sold for $35.00 f"7 PA go for J39 go for If.jU CHILDREN'S SUITS AT BROKEN LINES OF SNAPPY MODELS "We've quite a number of lines from which several of the sizes are missing and cannot be filled we've decided to sell them at half price rather than to carry them over they are this season's models any one who has ever outfitted their boy at this store knows how our boys' clothes are made they are simply in a class by themselves yet we are going to sell them as cheap as the ordinary kinds. , 3$ action of Governor Sheldon In vetoing an act to appropriate $86,000 for the erection of a north and south wing at the Kearney Normal school building. This validates vetoes of acts appropriating a total of $225,000. Including a building at Beatrice and one at Omaha, and the wolf bounty claims and all other vetoes filed after the legislature adjourned. An application for a writ of mandamus filed by John F. Crocker to compel Secretary of State Oeorge C. Junkln to authenticate the act passed by the legislature appropriating funds for the normal school building. It was alleged the governor did not approve the bill nor did he file It with hla objec tions In the office of the secretary of state within five days after the adjournment of the legislature and by reason of this the enactment became a valid law. In comput ing time to ascertain how long the gov ernor had retained vetoed bills in his pos session it was necessary to show when the legislature adjourned. Part of the records showed that It adjourned at noon on April 4. Other portions of the legislative recorda showed that the legislature was In aeaslon as late as April (. The court admitted parol evidence In regard to the date of adjournment and this evidence showed that the governor did not retain the bill longer than five days. The court holds that where the evidence furplshed by the Journal of the legislature Is ambiguous or contradic tory as to the actual time of tta final ad journment, so that It Is Impossible to tell with certainty upon what day the legis lature adjourned sine die, recourso may be had to other competent evidence to show the actual facta and apply the evidence which the Journal falls to set forth. The governor, as respects approval or veto of bills, acts as a part of the lawmaking power and may approve or reject within the time limited by the constitution as long as bills remain In his possession or under his control. The governor had offered to file the Kearney Normal bill with the secretary of state at midnight, April 10, and called up the secretary of state by telephone for that purpose. The secretary did not go to his office, but said he would consider the bill filed aa of that date. The court holds that this does not take the place of the actual filing If the bill remulned In the governor's possession subject In all respects to his control. Cebbey Caae Reversed. On rehearing the former opinion of the supreme court In the case of J. E. Cobbey against the State Journal company la va cated and the verdict of the district court affirmed. Cobbey brought an action for malicious prosecution against the State Journal company ln the district court of Oage county, alleging that the company had maliciously prosecuted a civil suit to prevent bis receiving per from the state for a certain number of copies of the Cob bey statute, which held up for a time Mr. Cobbey' s claim In the courts. Thd court holds that both malice and probable cauc must exist In order to Justify an Action for malicious prosecution. The petition of the plaintiff has been examined and tlie court holds that It does not state a cause of action aagainst the defendant for malic iously combining and oonapiru g together to Injure the plaintiff's business. Judge Ltton dissents as to the latter proposition. R alias on Linar Law. "In a suit by a married woman ln behalf of herself and minor children, under the statute relative to the sale of Intoxicating lllquor for damages due to the Incapaci tation of the husband and father, ths gist of the action Is the loss of the means of support and not any personal Injuries he may hsve suffered aa a result of ths In toxlcantlon." So the supreme oourt holds in the case brought by fc.llia.Uoth J. Nelson and her children against James Nevels and August G. Step!. ere In a case for damages coming t'4 from ristte county. The plaintiff was warded damages to the amount of -1270 by the lower court and thla la affirmed. The defendanta objected to the holding of the lower court that the gist of the case waa the damage done the woman aod ehli. Men's Suits that we sold go for dren by reason of the Incapacitation of the husband. Believe Barker Sane. Witnesses from Webster county, the former neighbors of Frank Barker, testified today ln the district court, but not one thought that the condemned murderer waa Insane. The arguments will begin tomor row morning at t o'clock and after that the case will go to the Jury. Dr. Young of the Norfolk asylum and Dr. Kern of the Hastings asylum today declared that Barker was sane. Arthur B. Wolcott, a butcher of Inavale, considered Barker sane. The latter worked for Wol cott for about twelve years previous to the murder. The witness never reard of the ep ileptic fits. Sheriff McCall, Wade Kountie, a farmer; A. F. Hartwell, a merchant; County Com missioner Sawyer and Charles Hunter tes tified that Barker did not possess an un sound mind. Kounti declared that Barker was the best cornhusker and horseman In Webster county. This evening the attorneys wrangled for a long time concerning the length of the arguments. Details were finally arranged and the case waa adjourned until tlmorrow. Capital City Briefs. The Interurban signed a contract with the Citizens railway, allowing the latter to use the Interurban line almost to the state fair grounds. Tlie Cltlaens company will com pete with the Traction company. .Floyd Burke, the 4-year-old son of Mr. and Mrs. Fred ' Burke, waa killed thla morning. He fell under the wheels of a lumber wagon and died soon after the ac cident. Otoe County's Assessment. NEBRASKA CITS", July 12.-(Speclal.) The county assessor has completed his work, with the exception of the railroad assessment, and shows that the total tax able value of the county Is 17,113,575, or a gain of $12S.B06 over last year. The gain on land was 117,787; on lots, 17,217, snd on personal property, $100,661. The assessable property of Nebrsska City la JS17.0M, or a gain of 129.670. According to these figures the actual value of the real and personal property ln the city Is I4.5S5.170, against last year's $4,434,830. The total value of the real and personal property of Otoo county Is $35,567,875, and that Is exclusive of tho railroads, which will add at least $4,000,000 more. This la an increase for the last year of $(',27,630. Salt Over School Money. BEATRICE. Neb., July 12 (Special Tele gram.) L. M. Pemberton has brought mandamus proceedings against County Treasurer Barnard, asking thut he be re quired to reapportion the school funds of the several districts ln order that the Beatrice district mny receive $1,300 clal -led to be due It from Gage county. Next Mon day la set for answer day. Doys Arrested for Swindling;. BEATRICE. Nb.. July 12.-(8peclal Tele gram.) Abe and Nicholas Relmer, sons of N. B. Relmer of Jansen, have been ar rested by Pontofllce Inspector Thonpeon, charged with using the mall to obtain money under false pretenses. They will be brought before Commissioner Cobbey ef this city for trial. They are charged with sending Jewelry to Seara k Roebuck, claiming that they purchased It of the Wiae Campers Take along Grape-Nuts rXXn Roady-Cooked 1K-Ilrluus Nutritious Ttiere's a Reason." 15.00 HALF THE Arm and demanding their money bafck. Af ter sending the money claimed to be due the boys, the company discovered that the Jewelry had not been purchased at their establishment. The matter was reported to the government officials and resulted In their arrest. SLOAN RECOVERS HIS SENSES Murderer at Grand Island Broagkt Oat of Unconscious Condition by Treatment. GRAND ISLAND, Neb., July 12. (8pe clal.) After being In practically an un conscious condition for thirty-six hours, W. J. Sloan, the self-confessed murderer of Frank Hermann, this afternoon sud denly revived and asked what had hap pened. The county physician, who vis ited him after dinner, reported his condi tion worse. If anything, and for an hour before an attendant had constantly to be near him to hold him. He was a few mlutes later sitting on his cot and smok ing and complained of hunger. When asked 'what hs had taken he replied that ho had taken nothing and denied eating the four plugs of navy twist tobacco It was supposed he swallowed. He was evidently sincere about It and the attaches of the Jail seemed Inclined to believe him, thoug'a they canot And out what caused his seri ous condition. Dr. McOrath, the county physician, and Dr. Sutherland, the coroner, both of whom were called ln the case, unite In the declaration that the man had. Intentionally or accidentally, taken poison. Sloan had been moved from the wing ln which the cages are located to the open department, at the other end of the Jail, during his seizure. All are agreed that the man could not have feigned the condition. Young Man Commits Suicide. PAWNEE CITT, Neb., July 11. (Special Telegram.) Herman Spies, a young Ger man farmer, killed himself today. Spies was unmarried and was living with his mother about ten miles northwest of this city, having rented his own farm of 120 acres. He hsd been working bt the corn field during the morning. Coming to the house at the noon hour he asked his brother for the shotgun. He was told there was no ammunition. Tlie mother and brother eat down to dinner. The brother, hear ing a noise as of a struggle, went out and found Herman with his throat cut and ln a dying condition. Teenmaeh Mill to Start V. TECUMSE1I. Neb., July 12.-(Speclal.)-The Tecumseh Mill and Elevator company, O. El Ilotchktn, maniger, haa thla week sold a one-half Interest In what 1s known ns the Hill mill ln this city to F. N. Wil kinson of St. Joseph, Mich. Mr. Wilkinson Is secretary and manager of the Twin City mills of his home city and U a miller of wide experience. He will take charge of the sale of the product of the mill here In the eastern marketa. continuing his resi dence In St. Joseph. The mill property, which has stood Idle for some tUoe, will be opened and put into operation as soon as poeslbla. Powers Candidate for Judge. YORK. Neb.. July 12. (Special.) Judge F. C. Powera of York la a candidate for the office of Judge of thla Judicial dis trict. As a practicing lawyer he Is well known In eastern Nebraska. Mr. Piwf.rs haa lived nearly all of his active years ln York. Ball Toseed Heavy Man. NORFOLK. Neb., July 11. (Special Tele gramsDavid Brewer, aged 7, a Madison county pioneer, waa gored by a vicious bull snd tossed over a fence yesterday. No serious results are anticipated. Brewer Is six feet tall and weighs over 200 pounds. Fix Dates for Celebration. BEATRICE. Neb., July 13. (Speclal.) The executive committee having In charge ths semi-centennial celebration met last night and fixed September 14, 2ft, M and $7 aj lbs. dates for the Ug svett. It will be for $30.00 REGULAR Children's $2.50 Suits for Children's $3.50 Suits for Children's $4.00 Suits for Children's $5.00 Suits for known aa the Beatrice Golden Anniversary, and It la the Intention of the business men of Beatrice to make it tho biggest affair of the kind ever attempted In tho state. W. W. Duncan waa elected treasurer at the meeting, and the work of securing sub scriptions will begin at once. News of Nebraska. PLATTSMOVTH Frank Neuman, son of Carl Neuman of Denver, was burled Thurs day. BEATRICE The circuit races will be held next week at Wymore. The dates are July 16 to 18. PL A TTS MOT'TH The democratic com mittee of Cass county has been called to meet In thla city Saturday, July 20. PLATTSMOVTH-Jullns Pepperberg Is said to have lost 8,000 pounds of fine to bacco by the recent flood, which he valued at $.1,600. nEATRICE Mlse Linda Elizabeth Leech died at her home In this city laat evening after an Illness of two months of heart trouhlo. BEATRICE Mr. Christopher O. Johnston and Miss Lucy Irene Weston were married Wednesday afternoon at ths bride's home near Holmesvllle. YORK Rev. M. B. Read, pastor of the Methodist Episcopal church, united in marriage Henry T. Lants and Miss Mabel B. Monson of york. BEATRICE Although having been or ganised but throe months, the membership of the Mary Young Men'a Christian asso ciation numbers 818. CALLAWAY Ellen, the 4- ear-old daughter of Mr. and Mrs. V. A. Vangreen of tills city, was playing with a lawn mower and lost a flnRer. BEATRICE Joseph Bhublowskl died yea-tei-day at his home In West LSt'atrlce after en lllnees of about a year of consumption. He wns II years of age, PLATTSMOt'TH Canon H. B. Burgess united in marriage Earl C. Ryan, aged 21 years, and Miss Bertha M. flesslons, aged 20 years, both of Irwin, la. PLA TTBMOUTH The fanners In thla vi cinity are busy this week harvesting their fall wheat crop, which .Is reported to be of a good quality and a fairly good yield. FiTCE Hit, The nlfalfa which w.t mowed Is almost ready to cut strain and hv the time wheat Is taken care of the farmers will be putting up the second crop of alfalfa. WILPCOC-The funeral of Oenrge. the youngest son of Mr. ami Mrs. S. J. Tillman, occurred yesterdav. IM died In Kansas City Tuesday while U'idertpiing an opera tion for appendicitis. VrtiRASlfA riTY-Tentonla lodge. Pone of Herman, has been progressing lively dur- tns; the last t montns and now claims to be the banner lodpe ln tho state. It now Buys a l0t model Columbia Orapho phone with Improved I) reproducer, extra sensitive recorder, handsome oak cabinet, with carrying cover to match, and 14-Inch brass horn, also 4 of the famous Columbia X P Cylin der records, and two blank cylinders for making your records at home. Can You Beat It ? srvCTnaisKe-wav unman s, Sold on easy payment plan. Co'umtiaPhonographCo. 1621 FARNAM ST. $tj effj) PRICE 1.25 1.75 C 0t JUV ft r A & 0 numbers 202 members, with many more "o the road. NEBRASKA CITY-Al McCord. an emf ployo of tho Nebraska City Brick com! pany s plant, was struck hub afternoon n a broken belt and quite severely injured He will recover, hut will be convened t the house for some time. HRATItlCF. Vertrdtf sfternnnn at th I Christian parsonage, Rnv. j. E. Davis oft. . dating, was solemnized the marrlSKe of Mr. Alfred Huttenmaler and Miss Maud , Davis. They will ina'ce their home on I farm five miles east of thla city. ; BLUE HILL W. H. Manifold of Fulleif i ton. who was recently elooted by th school board as superintendent, haa Tt ' algned. The reason ha gave for nls rerl i ignation was the offer or a position I . an Iowa school at a raise of $200. I BEATRICE A petition has been In elrcd latlon for the last few davs endorsing L. Il Pemberton of this city for the office oj district Judge. Mr. Pemberton has repra sented Gage county In the senate and Is onl or the oldest members of tho Oage count bar. BEATRICE F. H. Dobbs. a pioneer N. brasl.an who located In this section ln 1ST: suffei '1 a stroke of paralysis yeslerda (Continued on Twelfth Page.) ! . -eaxg Clocks Cleaned... We will call, for clean and regu late your Clock and return it to you guaranteed for one year for "Rornembor this is the Ex perl Repair Store of Omaha. II. P. STILLING J Room 2 and 3 Paxlon Block PB0NE D01G. 41(1 DURING JUL! VE keep a Urge force of Cutters an w Taliora busy by including al extra pair of Trousers with evjry su order for the price of a talt fclone. I I Suit and Extra Trousers $25 to U, There's little profit ln It for us, b i It cleans up the ourpluB stork and a giires to us your next order for fa i tai monts. MOOLL'S SPKCIAL! Blue 8-rge Suits and Trousers, $23.' ig?.";i..'.Lj" i 'X'JtXJrJ TOILER W. O. JEIUUMS. Prggldeo.es S00.11 So, lfiUt bused Mm nmo