REDICK UPHOLDS
MERGERELECTION
Eefmet to Grant Injunction to Stop '
Annexation Election Here I
Next Tuesday. j
COMMISSIONER LAW VALID, TOO'
District Judge Kediek yesterday,
refused to issue an injunction pre
venting the holding of the annexa-j
tlon election June 1 on alleged
grounds of unconstitutionality of the .
annexation and election commis
sioner laws advanced by W. L. Selby
of Dundee, the plaintiff, and his at-j
torneys, Murpay and Winters of
South Omaha, and Samuel Cottier. '
"Both laws are reasonable expres
sions of the legislature la their class- !
lfication of the lnun.cipalitles to be
affected by them, and are not special .
or local legislation," said the Judge. '.
He sustained a demurrer which had
been Interposed by John P. Breen,
author of the law, and attorney for i
rM.i r. I
ijicvuun wuiiiiiuaiuuiirr iianey muor-
head, the defendant.
No attempt to srenrr- an immediate
hearing: of the tiutt In supreme court will
be made, aocordlnit to Murphy and Win
ters, but a new suit wtU be started after
the election in an attempt to prevent
the validity of tho decision of the voters,
ahould It be ia favor of annexation.
May Start More Salt.
"Sevoral injunction suits may b
started," said Samuel Winters.
Judge Rediclc laid stress on the fact
that It is considered the duty of courts
to construe laws as constitutional. If
auch a construction Is possible. He re
marked In this connection:
"It Is hardly necessary to remind HtlK
ants and counsel that the question of
whether or not an act r.f tho legislature
Is void as being; contrary to or not within
constitutional provisions Is the most seri
ous one presented to courts for decision.
principally owing to the fact that the
tribunal Is dealing with an Indlpcndent
branch of the government and ito power
to decide arises only from the absolute
necessities of the case."
Rests with Legislator.
Regarding the constitutionality of the
annexation law, Judga Redtck raid in
part:
"Classification of municipal corpora
tions Is within the power of the leiurla
ture and classification based upon sub
stantial differences in population It. con
stitutional. "All laws of a general nature must
operate uniformly throughout the state
or upon the different ( classes to which
they are to be applied.
"Population Is not the only basis upon
which classification may be founded. The
subject rests with legislatures and their
enactments are not subject to interfer
ence unless classification is artificial and
baseless, 1
Object la Consolidation.
"The object of the act la to consolidate
Into One corporate body all cities of what
ever class having such relations with
each others as In the thought' of the
legislature make such amalgamation wise
or expedient. To It eight objections have
beeii urgodJr
The decision disposes of the objections
in part as follows:
"Can It be said that the facts that the
inferior municipalities are mainly sup
plied from a common water works plant,
and with gas, electric light and street
car service from plants mainly located
In and operated from the metropolitan
city are so foreign to and disconnected
from a proper basis upon which the leg
islature In Us wisdom may authorize
auch cities to be consolidated as to
amount to mere identification? Bear
ing in mind that the subject of consoli
dation of cities is purely legislative, it
necessarily follows that that body may
prescribe conditions upon which consoli
dation may be affected, and the only
restriction upon the legislature In that
regard Is that such restrictions shall be
reasonable.
"What stronger argument can there be
for gathering people together in one com
munity or under one governmental head
than the very facts recited In the actT
Municipal Ownership Probable,
"I do not consider that the possibility
of a metropolitan city holding Us own
waterworks and the other conditions of
common public utilities serving the ad
joining communities are remote in any
other sense than that it may require
the lapse of a number of years befora
such conditions may bo complied with,
but as to the first of these conditions,
the public ownership of municipal water
systems Is not only a possible future
event, but a most probable one, as to
the other conditions they exist to a
greater or less degree In all the princi
pal cities of the state.
austalua 'fmimtKtoner I, aw.
"The argument that there may here
after exist metropolitan cities and sur
rounding towns complying with every
other condition set forth In Section 1. end
yet because of the possible fact that the
county containing such metropolitan city
did not have a population of 13",000 and
therefore did not have sn election com
missioner, such metropolitan city would
be deprived of the benefit of the act. I
think la too Imaginative and speculative
to form a proper basis for declaring an
act unconstitutional.
Judge Redick sustained the elertion
commissioner law. which was also at
tacked In the suit In the following lan
guage: "The points made are that no other
county can ever come In under the provi
sions of the election comnilnsloner act
because of the requirement that within
thirty days after the act becomes a law
the governor shall appoint such commis
sioner, the argument being that the time
of the appointment of the officer is so
limited hv the provision that a county
subsequently acquiring I6n,fti0 population
would exist without any authority In the
irovernor to appoint a commissioner.
"Believing It to be the duty of the
court to sustain the law If possible, I
think It would be entirely competent to
construe that provision In one of two
ways: First, that the provision being
temporary and for the purpose of putting
i. i,,t, effect, that Ihe power of
appointment would exist at to a county
subsequently aiqu.iing the requisite cop
ulation, hclding tt the expref slon.
"within thirty days after this Mil shMll
liave become a law.'- as applied to such
oi.nl v the uinn as though It bad len
within thirty iuvs ufter this act shall
leromr uptlicablc lo tny county the
governor shall atpoint. or secondly, as
suggested by counsel for defendants, the
term, 'election comnilaiioner' might le
construed as descriptive only and Ih
made applicable to such officer or olfl-
OMAHA BOY WHO WINS HONOR
AT U. OF N.
V
WUerA
1 7 -r-
Walter A. Hixenbatigh. Jr., of Omaha
has been chosen as delegate of th World
I'olity club of the University of Ne
braska to the summer conference of the
Carnegie endowment for the Interna
tional Conciliation, which meets at
Ilhgca. N. T.. Juno 35 to 30. With
Mr. Illxcnbaugh will go C. A. Horenaen
of Loup city and I-eni famuelaon of
Hlldreth. All three men are prominent
in university circles. Sorensen was
editor-in-chief of the Pally Nebraskan
last semester and Famiwlson Is edltor-lu-chlcf
of the Cornhusker. Hlxcnhaugh
was chosen by the Polta Chi fraernlty,
of which he Is an active member, ns
their delegate to the nattonal conven
Ition, which meets at San Kranolaco,
August 20 to September 5.
cera upon whom the duty of conducting
elections resting In the county In ques
tion or in the new county coming- under
the operation of the law.
Not Obnoaleas.
"That such a provision cannot have the
effect of rendering an act otherwise gen
eral in Its terms obnoxious to the consti
tutional provision against the enactment
of special legislation Is held In 74 Neb.,
G49. .
"It Is further objected that the expres
sion 'having a population of lM.OOO or
more" makes the act applicable to only
such counties as had the reoulslte pop
ulation at the time of Its passage and Is
therefore special ami local. In all tho
acts classifying the cities of the state
except metropolitan cities the same ex
pression Is found.
It lo further contended that the act
can only apply to existing counties by
reason of the tlmo limit for the appoint
ment of Judges of election contained In
section Z316. What has been heretofore
said as to the first objection Is applica
ble here.
"Tb attorney for the plaintiff Is to i
be commended for In effect apologizing
for his attack upon a law which has re- l
celveJ the almost universal commenda
tion of the citizens of this state and com
munity as well as upon the Incumbent of
tho office of election commissioner,
whose administration thereof is believed
by many to be above criticism. These
considerations, however, have not In
fluenced me In the decision of the ques
tions submitted."
COUNTY OFFERS REWARD
FOR HATCHET MURDERER
The Board of County Commlss'.onera
has passed a resolution' offering a re
ward of $200 for the capture of the rlayer
of Miss Ada Swanson, the vlc'.lm of
Omaha's recent hatchet murder.
Bailey Service Is of proven worth.
Sowing Clrcb Uiih
iicli I71ibp:nng
Before the stork
arrives there Is much
to talk about Thof
comfort of the cxpeoi
tant Bother la the
chief topic And thera
la sure to be someonei !
who has used or knows;
of that splendid ejrJ
tcrnal help. "Motber'rt
Friend." It b applied to the abdominal mus
cles, gently rubbed In and has a most pro
nounced effect as a lubricant. It soothes thl
network of nerves, enables the muscles to
expand naturally, relieves strain on lit llt
merits and thus sets at ease any undue strain
on the organs Involved. And it docs this with,
perfect safety. Expectant mothers thus go?
through tbe ordeal with comparative ease ami
comfort. Knowing asothera who bave used
"Mothers rrlend speak in glowing terms or
the absence of morulng sickness, absence of
strain on tho ll-raments and a freedom from I
many other distresses.
One of the most important symptoms td
be relieved by "Mother's Friend" is the low
Imagroatloa that so often dlitiirbs repose.
raina, even though natural, may so d,tort
the mind that undue apprehension will srniv
times follow. The gentle, soothing Iiif1uenr
Ot "Mother's Friend gives the mind sul j
ttantlal aid to become conscious of strrngt '
and there Is real, physical sensibility r,,
muscular vigor as evidenced by freedom f ronj j
undue strain. I
Too can get "Mothers rrlend at any drui
rtore or they will gladly get It for you. Writo
today to Bradnrld lUjrtuator Co., lui Lamnt
llldg, Atlanta, Ge. for a hlfhjy Instructive
book of great value to all expectant mother.
It contains a valuable expectancy chart, ruler
oa diet and la brimful of auggesUoos that a I
women will appreciate.
Why Do You Hesitate!
If you have a small ravlly In
your tooth, hav. It rilled at onro
you will sv. ths cost of a
rrown. also foul breath and se
ver, iiaiu. With a f.w ko
t.eth. aa a base to work on, w.
rati man you a set of tirauflful
Hat is ly I n a; teeth for r.asonabl.
PAtTTLTBS SXTsVaCTTOir
by vnuuiu AXS.
Taft's Dental Rooms
1517 DOlC LAS 8TKKKT.
1 1-
fa y
miiini run mhiti n i in r mm m in
' ID
i BR AYE REPORTER
! BEARDSJHE LION
He Even Dares to Aik Colonel Welsh
u to Ilii Opinion of Rev. Irl
Hicki Cyclone Prediction.
AND HE GETS OUT ALIVE, TOO
A brave man was chosen by the
city editor for a special mission of
great danger. He handed to him a
dispatch from St. Louis.
"Go," he said, "to Colonel Welsh
at the weather bureau and ask him
If there is anything In this."
Ths reporter looked at Ihe dispatch.
It stated that Rev. Irl Hicks, weather
prophet, had predicted tornadoes) III tho
middle west In the eighteen hours fol
lowing t p. in.. May 2V
Tho reporter's tsc blanched u .he
rend, but by no other sign did tin ftar
ls fellow show his feelings rcsnrnMin
the terrible service to which he was as
signed. He simply said.
I will ask him."
To Colonel Welsh the mention of tit
romt
Hicks" Is like the waving of a red ,
flax to a bull. I
The reporter, a he bent Ids steps post- '
office-ward, remembered that the J
weather bureau Is on the fourth floor
end that the hard, cement patemcnt is
below the windows.
lie Falters Not.
But he did not falter. He thought of
calling up a friend to give directions as
to what he lshed done with U which he
has in the postal snvlngs bank If
When he arrived outside the weather
bureau door he was outwardly calm. He
entered with a firm step. Ills giance In
structively rvMed upon the windows. Ho
noted that they were all closed. H was a
cood omen. t
Colonel Welsh sut at his flat lop desk,
firuring out the next day's weather. Ho
nt smoking his pipe. The reporter laid
the dispatch on the desk In front of him
"How about this, Colonel?" he said,
without a quiver In his volte.
It was a tense moment. The bsrometers
and thermometers and wind gauges all
tcomcd to stand still.
Me Truly I.anahed.
And then the unearthly stillness was
broken by a laugh. Could It be? Will
a bull placidly eat grass when the red Is
flashed before his eyes?
Tes, it was true! The colonel wss
JITNEY PI AMO SALE
imrry!
lurry!
r , v
All You Pay Is 5c Down; Hurry and Select One Quicldy
Dozens of responsible families will take advantage of this most wonderful of all piano offers. Think of it. Only paying 5 cents down on a piano. And re
member, the quality of these instruments is unquestioned. The same pianos that we have been selling for spot cash, $25.00 down, eta, we are now selling
for only 5 cents down and the prices have been reduced to the very bottom. Upright pianos of various makes, consisting of shopworn, slightly used, ex
changed and second-hand pianos, will be offered and sold on this most liberal and unique plan. Every piano is fully guaranteed from five to ten years.
Surely, you want your home to be beautiful and the influence of music to be there, when you can get a piano on these extraordinary terms and conditions.
Is After-dinner Selection.
Uvea the
little
Tango.
Oirls
Mahogany Piano
Practically new piano.
I'aed very little. Abso
lutely immI aa new. Oear-
anr price only
$14!
hi It Til KK I'AKTKT
IiAltS: If you delre any
other arrangement as to
temik, you Ituve Ihe priv
ili'Ue of pa) lug quarterly
or semi-annually or any
other ternm to suit you
t, : V- '-V kT C
laughing th sarcastic, s.trdonlc laugh of
the contemptuous
Irl il Hicks," he sa'd. and there
a a world, of universe of pity In kit
voice. "l"ot.r. eld Irl 1!. lllcks predicting
a tomaflo! Hicks, who was hiding be
hind a folding door on the stlrd story of
a building on Washington street at the
time of the fmado In t I-ouls In I'M.
I'oor lllcks! And he's still getting away
with It."
And the colonel laughed as he relit hl
pipe ami looked at the dispatch
It la ti Laaasj.
"Well, wellwell! The man that sent out
this dispatch must be quite a bright fel
low, t see be sa s 'The fall of the barom
eter lo 29 degrees was predicted bv the
Rev. Irl R. lllcks. Now. In most places,
I lelleve, barometers don't tiavs 'de
grees.' No, thermometers, have degrees.
Barometers move In Inches and hun
dredths of Inches, lla, ha, ha.
"Still, we must give Hicks credit. He
predicted the St. 1-ouls tornado less than
six hours after It happened. He predicted
the Ualveston tidal wave the evening
after the very morning when It took place.
Well, well, well Hicks, Powle. Schlatter
the people fall for them right along,
llnrnuin a as right after all. Bnrnum was
rlalit."
Heaettoa femes.
The leKllon had como that reaction
which overtakes a man bound upon some
dcsiieruto enterprise, leading a forlorn
hope, the reaction which follows success-
fill accomplishment. The reporter Joined
tno laughter, boisterously. The world
looked bright once more. He felt almost
as though he could embrace the elevator
man, as he went down, although be Is
not a comely person. Elevatora seem
grand Inventions after a man has been
face to face with Quick descent through
the sir from fourth-story windows to
cement sidewalks.
The reporter, It Is understood, will de
cline a medal. He la a modest man.
RELATIVE OF GENERAL GRANT
ENLISTS IN THE NAVY HERE
Clysaes Simpson Grant, grandnephew
of General IT. S. Grant, hero of the civil
war and president of the United States,
enlisted in the I'nlled Ktates navy Sat
urday at the local recmltlng station.
Young (Irani Is a well set up youth.
His home Is at M East Second street,
Orand Island. His father's name la also
riysaes Simpson Grant.
"My grandfather was a cousin of Gen
eral Grant," said the young man. "I
was born on the anniversary of Orant's
birthday, April 27, 1R97. My father was
j born the very day Grant took Vlcksburg.
1 I certainly am proud of my name."
I IT. fi. Grant will be sent to the Great
' Iakes naval training station at Chicago.
U5ED AND EXCHANGED
UPRIGHT
PIANOS
Chickering Piano $98
Wheeler Piano $165
Harrington Piano . . .$145
McCammon Piano $75
Kimball Piano $150
Wescr Piano $185
Schiller Piano $190
Steger Piano $175
Mueller Piano $165
Hamilton Piano $165
Milton Piano $175
To Out-of-Town Customers
For your convenience, send $1.00 with your order and if the piano you order is here, same will be shipped
immediately, and if not, we will write you about some other good bargains which might suit you.
ir
JTL
Phone
Douglas 188
Li U
SUN IS SHINING IN
WESTERNNEBRaSKA
Main Line Trains on Time, While
Some Branches Are Still Out
of Commission.
PLATTE IS OVER ITS BANKS
The local forecaster and the rail
road officials are together on
weather conditions west of Omaha.
For this locality the former Is pre
dicting partly cloudy and rising tem
perature for Sunday, but the railroad
men are not talking.
According to the reports to tho rail
roads, rains last night was general from
tho central portion of the state, e.tst and
crntlnues today, extending far over Into
Iowa. Along the Burlington's northern
line and over tho Northwestern system,
west to Crawford, Alliance and Vroken
Hon-, It is clear and tho sun Is shining.
The fnlon Pacific reports simitar condi
tions, the rain not evtending west of
Grand Island, with sunshine from Isl
ington, all the way west.
In Omaha the official gunge Indicated
2t of an Inch of rain di ling the twenty-
four hours ending at 1 o'clock this morn
ing, with 170 Inches during the week.
Out In the stato during Ihe twenty-four
hours the railroads reimrt from t.ne-half
to an Inch and one-half during the
twenty-four hour period.
Tralas a l
With a little cessation In the rain, the
railroads are grtttng out from under the
floods. Trains from tho east are coming
In practically on time. Those from the
south and west aiv running from one
halt to an hour late, the delay being on
account of soft roadbed.
The Northwestern'a luinesleel branch
ia still nut of commission and the in
formation Is given out that trains will
not be running through lo Winner Iwfore
next Wednesday, . at the earliest. There
Is a gap of twenty miles between 'ero
and Verdlgree, where all bridges over ths
Verdigris liver are washed out. At one
point the flood was so great that It swept
out the concrete pisra and carried rn Iron
girder 10) feet in length soma sixty feet
down stream.
Town through Nemaha, Richardson
and Otoe county, dikes along the Hlg and
Little Nemaha rlvera, constructed some
years tgo, have burst and the flood
water are flowing out over the farms.
HERE'S THE PLAN:-
- Here h the Way You Pay
1st Week Pay Down . $ .05
2d Week Pay Down . .10
3d Week Pay Down . .20
4th Week Pay Down . .40
5th Week Pay Down . .80
6th Week Pay Down 1.00
Then pay f 1 ht week or $H per month there,
after until piano is paid for.
The beauty about this proportion ia that the
payments do not increase After the sixth week ami
you are abtoluU'ly safe and can easily meet the
payments.
We feel lliat every Itoine, no matter how
modest, should own a piano. Tlieae are good p.
anoa. Think how luippy and bright the home will
be with a nice piano In your cozy corner. Kach
and every pliuio ia fully guaranteed from five to
ten years.
1513 Douglas Street
tanning riiiislilcmble ih.vngo on Ihe low
1:111 M
Parral May Escape
by Technical Plea
Juan Tarral. convicted of manslaughter
by a Jury In Judge I'.ngllsh's district
c.nrt for the shooting of Detective
Thoinss King, should go free hy ths
July's verdict. A. !.. Sutton, his attorney,
dfcland.
"The Jury's verdict In effect ,'otmd
Tamil not guilty of murder In the first
pi second t.eRiee by convicting hbn of
the lesser crime of manslaughter." ald
button, "hut manslaughter Is deflmd by
law as the killing of a person In a quar
rel or In pnslhn or anger, or in the com
mission of an unlawful act. fndcr tho
evtiience tr.H definition does not fit Tar
tars crime If he committed any. He
vss either guilty of murder or of roth
lug. I think the courts will uphold this
view."
Sutton will file a motion asking Judge
Hngllsh for a verdict of acquittal for
Tarral, notwithstanding the verdict. In
accordance with this technical Intel pre
tatlon of the laws governing the os.ee.
PETER KRUPA DiES FROM
' SELF-INFLICTED WOUND
Peter Krupa died at St. Joseph's hos
pital from the effects of a bullet wound
In his right tempi. He resided at 3Mt
Harney street and was despondent be
cause unemployed. No Inquest will be
held, as the authorities ar convinced
that Krupa shot himself.
R0CHEF0RD IS RECOVERING
AT ST. JOSEPH'S HOSPITAL
E. It. Rooheford, victim of an automo
bile accident, la- recovering at St. Jo
seph's hospital.
The reliable household Remedy
Good The Year Round
Ready Ao take
PRACTICALLY
NEW
PIANOS
On the Double
Jitney Plan
$250 Pianos
$300 Pianos $165
$353 Pianos $200
$400 Pianos $225
$425 Pianos $250
$453 Pianos $265
$500 Pianos $275
Phone
Douglas 188
Carson Says that
Lofgreen Worked
at Time of Murder
E. M. Curson. "T, California street, of
the Heal Cement Stone company, the
mime, firm which employs Axel Kofgteen.
who wa arrested In connection with the
Ada Swnn.'on murder rape, told the police
that he vblteil the cement Job at
locust street where lyofgreen told trc
Police ho worked fie dny of the murder,
and saw tho man on the Job. lot green
was released on fl.cco bonds provided by
Carl I'eterson. superintendent of the
Ideal firm
Cargo in Sight
for Steamer Julia
When tho steamer Julia rerches Omnh.-v
there will be a carvo waiting to be taken
to Decatur.
Itoiena of firms ore anxious to le.nr.i
of the Julia's schedule, and a lot of de
tails as to how to munage to 'get freight
for Iecatur onto this Imat. Calls como
frequently to Ihe lVmmercl.il club on
these prints. George Kelley is seeking
information as to how bo enn get a ship
ment onto tlio Uat. The Msney Milling
company wishes to learn, when ami how
It must have Its conwlgnmriit of flour at
the dock to go te Decatur. It wants to
know what is the premium on Insurance,
of a consignment, and a lot of other vital
questions.
nisr Farmers Plenlo at ( larks.
CIjAKKS, Neb., May !.-(Speclal.)-Th
farmers' unions In this vicinity hold on
June I a big basket dinner and piTlc In
the Ganta grove. The speakers to be
present are A. O. Thorns C, II. (tus
tafson and O. I Carlson.
ysffffsi
PE-RU-NA
FOR SALE AT ALL DRUG STORES
liiinry!
Sony!
i
fe)
Hake Yot Xonte Kappy.
S137T
tart tk Cail&rea Playiag.
Walnut Piano
Never out of our store
a little ahopworu. t'luiiiot
he told from a new piano.
Clearance sule price ....
$175
Oak Piano .
Slightly shopworn. Fine
lone and artiou, fully
Kuaranteed for ten yearn,
l lcaranre sale price only
$190
4 I a.
J EEL
BaBSBVBBB
I J tirrrjirr mi frrrrt rtrv
i
