THE BEE: OMAHA. SATURDAY, NOVEMBER 4, 1916,
7
MOORHEAD WINS
ELECTION SDIT
Leslie Decides Commissioner
May Instruct Judges in Ac
cord with Demos' Plan,
NEED NOT NAME FAVORITES
Pleading for the '"poor unfortu
nates, the deaf and dumb, blind, lame
and halt, who would be deprived of
their franchise" if the petition were
granted to enjoin Harley G. Moor
liead, election commissioner, from in
structing' judges and clerks so the
democrats woU,I4 have leeway to vote
for "straight" tickets all the illiterates
registered- in Greater Omaha, attor
neys for , Moorliead waxed eloquent
before Judge Leslie and dramatically
asked if the court "proposed to ex
clude these afflicted persons." ,
Decides for Moorhead.
After hearing the nearly four hours'
arguments of the attorneys for the
plaintiff and the defendant Judge Les
lie sustained the demurrer filed by Mr.
Moorhead, thus deciding in favor of
the election commissioner.
The petition sought to enjoin Mr.
Moorhead from instructing election
judges and clerks to mark ballots of
voters requiring assistance for a
"straight ticket" without stating for
what candidates they wish to vote.
The provisions of thevelection com
mission law specifically provide, as
.heretofore construed by Mr. Moor
head, that the ballot of an assisted
voter can be marked only for the can
didates whom, the voter names by
"word of mouth."
Byron G. Burbank and John P.
Breen appeared as attorneys for the
plaintiff.
Defendants were represented by
Frank Ransom and County Attorney
Magney.
Must Follow Law.
Mr. Burbank argued that when
the state legislature made the elec
tion laws it didn't give any individual
discretionary powers to interpret
these laws, the sole duty of the elec
tion commissioner in the point in ques
tion being to have printed and to
. distribute the instructions as pro
vided by the statutes. . ',-., t
That the election commissioner was
noi trying iu matte any aaamon on
these laws- nor wished to do more
than explain them to the .judges,
clerks and voters was the contention
of County Attorney ' Magney. He
declared that it was well within the
province of the election commissioner
to see to it that the clerks and judges
were given instructions in their duties.
One of the county Attorney's state
ments was to the effect that the state
legislature "didn't . intend that the
election commissioner; should be, only
a figurehead and not,' do" more 'than
merely give out Hie- instructions.'
'jAttorney Ransqirijoperted his-argu-,
m;ent by averring thajtv"just;!beii;ause
the statutes' do ,t$ot ,;petificlly. -sjty.
thlat lie (meaning the .etectiosj com
na'ssife'aer) must 7obap ' ceftaitf
thing; it joes . rtofc neeewarity follow
that fab Must !nat' do -ItU Aij.ir-;i i""'
iol4a,'iAi'Frnohise.'::
ThetnKst"tHcatrve-attorney for -the-defendants
next! glided into "high" in.
rhetoric and made a plea for char
ity." ..He" argued that he had never
heard of a law that didn't make every
consideration -of eharitv, declaring
that if the election iomrmssionef -was
enjoined from sending out- lnstruc-j
Hons so that the illiterates, etc., could
be voted "the franchise of these poor
unfortunates would be taken -away."
Frequent references were made to the
"blind,, deaf and dumb and the poor
cripple's." . ..: i i
Election judges and clerks are sup
posed to "do more than to sit there
as lunkheads," he told the court.
If the courtVenjoined the election
commissioner from sending out in
structions and the illiterates and their
clan had to cast their ballots only for
the candidates for whom they could
name by "word of mouth," it would
"place a heavier burden. on the crip
ples than on the stalwart democratic
voter."
Whenever the attorneys for the de
fendants mentioned anything about
voting a straight ticket it was some
thing about "the straight republican
ticket."
Not Party Issue.
Mr. Breen opened his argument by
asserting that "he had never seen so
much concern about the republicans
and the poor unfortunates." However,
he pointed out, the case should not be
decided oh the issue of any party or
for any "poor unfortunates."
He read the law relative to the du
ties of the election commissioner and
then declared that the legislature, hav
ing covered the matter of providing
for what the official (in this case,
Harley G. Moorhead) could and could
not do, had not seen fit to give him
any discretionary power to take it
upon himself to make additions to the
officials as provided by law.
At this juncture Mr. Moorhead
came into court and admitted the fact
that he intended sending out the in
structions to voters, but denied
that they were to be put in the form
of an addition to "Schedule B., In
structions to Voters."
The fact that Nebraska has made
concessions to the illiterates, crip
ples, blind, etc., that are not en
joyed by this class of voters in many
states was brought out by Mr. Breen.
"Wc have gone many states one bet
ter by allowing the illiterates, crip
ples, deaf and dumb and the blind to
vote, but we don't intend that some
one else can vote for him."
Should Study Candidates.
If the legislature saw fit to give
the illiterate the right to vote, pro
viding he lives up-to certain rules, he
shoild think enough of his franchise
to study up the candidates and be
qualified to stand the "word of
mouth" test. Mr. Breen contended. He
said that the state of Massachusetts
won't let this class vote at all.
There is charity of the law in the
case of the illiterates," Mr. Breen ar
gued. "We say to the unfortunate,
'we'll assist you, but confine you
within . such limits as are of the best
interests of the.public in casting your
ballot.'"
Liberal Interpretation,
Judge Leslie in handing down his
decision said that he would give the
case a "liberal interpretation."
The judge said that as far as Mr.
Moorhead's supervision of the judges
and clerks was concerned, there was
not much doubt as to his authority.
adding that, however, if the election
commissioner had, in the opinion of
the court, given out instructions con
trary to law. he would be enioined
Judge Leslie also stated that if the
election commissioner had added any
thing to "Schedule B," he would re
gard it as a violation of the law.
U.P. Superintendent Now
K Holding Down Two Jobs
W. A. Whitney, Union Pacific
superintendent of transportation, has
gone to Cheyenne, where he will have
temporary charge of the Wyoming
division, relieving Superintendent
Toucey, who is absent for a time.
During his superintendency of the
business of the Wyoming division,
Mr. Whitney will continue at the head
of the Union Pacific's transportation
department, combining the work of
the two offices.
Fined for Disturbing
A Meeting of the Drys
Rodney Churchill, Bentley, la., was
fined $25 and costs in notice court
for disturbing a dry meeting at Six
teenth and Douglas streets. Kev. J.
P. H. Forsander, pastor of the
Swedish Baptist , church, Council
Bluffs, had him arrested and appear
ed against him in ponce court. .
-621
residents of Ne
braska registered
., at. Hotel" Astor
. during the - past
'.' ' f" " i Stasia Room; without StMu '
' -' $ .'-''.T,-'
s -i "', ! Doable - SS.SO and H.OO
T. -V;8Mle Rooms, -with gatasv
'' Doubt 14.1 IMS'?
w., . Parlor, Bedroom and bath. .
iUi 110.00 to 114.00 (
:! TIMES SQUARh -, -
At Broadway, 44 45 Streets
the centeif of New York's tocul and
businsst activities. In dose proximity n
. all railway terminals.
nm!i!uniniB!?i.!!iainiB'J'
A Letter
Worth
$100 Cash
ought to be a very good
letter RAYMOND'S
chose the subject of such
a letter believing it to be
a very important subject
and of much human in
terest. The subject of
selling does interest
everyone. Our interest
lies in the welfare of our
customers.. Tell us how
you would be waited up
on. Your letter will be
filed, and, along with all
the others, be placed be
fore five disinterested
judges after Nov. 15.
Write your letter to
day while spme "idea"
may be fresh in your
mind.
1 V
A Sunday Treat
You have a treat for the family any
Sunday with our Sunday Special.
For next Sunday's dinner we
" in make ,
Vanilla Nut
Christian Endeavorers
Plan Temperance Playlet
A temperance playlet will be given
in connection with the state Christian
Endeavor convention Sunday at 1:45
p. m. in the First Christian church. It
is called "At the Court of Miss Co
lumbia" and will be presented by
fifty-six characters. Mrs. J. II. Ells
berry, superintendent of "intermedi
ate" societies in Omaha, has been ac
tive in arranging it.
Among the characters will be nine
teen girls representing the "dry"
states and seven others representing
those states voting on prohibition
this year. Harry Doran represents
Uncle Sam, with Jack I.andale as his
flag beartr.
Ruth Brucchert is "Miss Columbia"
and her attendants are Evelyn YVest-
?ate and Isabel Campbell. The fol
owing are "diplomats from foreign
countries:" Russia, Walter Cantlin;
New Zealand, George Jennings; Ger
many, Donald' Maliafiey; Great Bri
tain, Harold Boggs; France, Howard
Wocrner; Canada. Edward Pleulcr;
Austria, Leonard Camp; Sweden, Joe
Hiddliston; Hungary, Theodore
Woods; Iceland. Joe Louis Fhain
holpa; Newfoundland, Herrick Young.
Persistent Advertising is the Road
to Success".
Butter is Stolen from ,
One of Alamito Wagons
The Alamito Dairy company, Twen
ty-sixth and Leavenworth streets, in
forms the police that a considerable
quantity of buttei1 in pound packages
was stolen from one of their wagons
at Seventeenth and Grace streets.
November Sales Saturday Offer Splendid Opportunities for Real Economies:
Winter Underwear Specials
Ladies' all wool Union Suits,
in natural and white; worth
to 3, at $1.98 and $1.50
Ladles' silk and wool Union
Suits, in flesh and white,
any style, at $2.50 and $3.50
Ladies' medium weight and
heavy fleece suits, low or
high neck, long sleeves, or
no sleeve, ankle length, .
at 98c and 49c
Ladies' scarlet and natural
all wool vests and pants,
at $1.25
T O ,1 i li ' know flaMail ...... . . J . .. .. . . . . n
- " - j ,w..cu ,tau auu pauta at esc, t9G
Ladies' outing gowns, heavy quality, worth to
S3; St 49c, 98c, $1.50
$1.00 boudoir caps, at 49c. Dainty crepe de chine
and satin.
Children's heavy fleece vests and pants, at 25e
Children's union suits, heavy fleece, gray or
White; boys' and girls', all sizes, at 50c
Children's wool suits, up from 75c
Children's black sateen bloomers, all sizes; heavy
quality, 60c values, at 35c
Crepe de chine envelope combination suits cor
set covers, Italian silk vests, worth to $3.00;
. $ $1.50
Corset covers, gowns, combination and odd lots
and samples, regular $1 yalues; at. . ,-. 49c
IUI
mi
AYDEH
16 W DODGE " DOUGLAS STREETS
Hosiery Quality That Insures
Satisfaction
We will not sacrifice quality for low
each price you 11 find superior
New Silk Hoiltrr,
howinf lateat de
sign! for atrcet and
evening wear, in
plain and faney col
ors; bent makea:
from $1 up to SS.
Worn en'a medium
and heavy weight
fibre Bilk hose, In
regular and extra
aiiea : hemmed and
-ribbed top, black and
color. Special. . SOc
Women'a fine caah
mere and block and
white, regular ana
(r slue: S1.2S
v.luee 11.00
Ilk and wool. . .tSc,
price, but at
values.
W o m n mtdium
and heavy weight
wool and IImc lined
host, regular and ex
tra R.ie ...... .35c
8 pal" for. . . .$1.00
Women'i regular and
extra sis Burton
fashioned Hose, in
black and gmy ; B6e
valuta, special, 25c
Children's medium"
and heavy weight
flereed hose; Zbo
values , . ,19c
Infanta' Bilk and
wool hoee. black and
white, 60o valuen,
special ........ ,39tj
Women's French Kid Gloves"
We can safely
say our stock
o t Women's
French Kid
Gloves is the
most complete
and the larg
est in the city.
Women's nov
elty gloves in
b I a,c k ( and
white combi
nation also
the new (trays
and Newports,
per pair, $1.50
and $2.50
Women's French Lamb
Skin Gloves, in black,
white and colors, per
nnir at jl.19
Women's Ruaranteed washable kid gloves In
America's best makes; very pretty styles and
colors, at pair. .... .$1.19, $1.50, $2.00, $2.50
Big special for Saturday in women's gloves,
in capes and lamb skins; most all colors, pr., 89e
Women's chamoisette gloves, in white and
colors; very special for Saturday, at per pair,
each .39c and 69c
Children's warm kid gloves and mittens, made
with a clasp or closed elastic wrist, guantlet top;
bear skin gauntlets, also wool mitts and gloves;
at, pair ; 25s and 59o
A Wonderfully Superior Showing of Authentic Styles in Outer Apparel
Broad Assortments of Charming Style Ideas for the Women, the Growing Miss or the Little Tots, at Prices Which, Quality Considered,
i c:f-...5 e c : c Tl c i-
insures aausracuon, service, savings, jco iucsc .jpeciau. '
ELEGANT NEW TAILORED SUITS-
Made to sell up to $69.00, ttrjACA
over 125 in the lot, at P MOU
choice . . ; . . , . .
Materials are fine Velvets, Wool Velours
and Chiffon Cloths; nearly all are ex
clusive models. Truly wonderful values
in Saturday's sale.
BEAUTIFUL NEW BLOUSES Over
200 of them, made to sell at tfOOC
$5.00. and $5.95; choice, SJW
Saturday ...)..,.
A bevy of beautiful designs, in Georgette
Crepes, Crepe de Chines and Laces, in
flesh, white, maize, peach, black, blue and
novelties. ;i Wonderful values at the sale
price. -' v. iiviv :
IN CHILDREN'S DEPARTMENT.
New Coats for Little .Tots, in almost end
, less variety of styles and choicest mater-
c SS!"3?. ::. ; $3.95 and $5.95
Hundreds of Nobby Winter Coats, sizes 6 to
14 years, in broad assortment of styles and
materials, four lots. . . .$5, $7.50, $10, $12.50
Over $15,000 Worth of New Winter Coats
Contracted for Several Months
Ago, Go
ON SALE IN THREE LOTS '
at prices less than actual wholesale cost
today.
$15
Saturday secures your choice
of a great line of Smart Coats
fqr street, motor or traveling
wear. In Cheviots, Wool Velours, Novel
ty Plaids and Mixtures; flare or belted
models, all sizes and colors. ? V
ELEGANT NEW COATS In
25 distinctive styles, greatest Val
ues of the season, at. choice .
Materials are Plushes, Velours',; broadcloths,
Meltons and Handsome Novelties. All new
styles, for all occasions. Single or, double
belted, full, loose or semi-fitted effects. .
65 New Velvet Coats just received, Saturday
at. . . , t . . . . . . , $49, $65 and $75
$25 $1975
Secures choice of a big
assortment of handsome
New P.nara in PliichU
Velours", Broadcloths and Novelties; loose
t semi-fitted and belted effects; square or
, shawl collars; trimmed or inlaid with Vel
vet, Plush - and Beaver Cloth. Twenty
distinctive styles for selection Saturday.
a
Specials for
Saturday
Neckwear, Veilings and
Hair Goods at Vsi
' Regular Price,
Georgette crepe and crepe de
chine collars and sets, at
each ,.$1.25 and $1.50
Flannel, Georgette crepe and
organdie collars, in all the new
Shapes; a very good line for 50c
One lot of collars in organdie
and Swiss many pretty styles
lace trimmed and embroi
dered; regular price, 75c; Sat
urday special 25c
Auto veils in all shades,, at
each $1.25 and $2.00
Feather boas in black, white
and colors, regular price $3.00,
sale price $1.00
Faney mesh veiling in black
tops, and white with narrow
borders, per yard 35c
Plain linen handkerchiefs 10c
A good assortment of fancy
Swiss handkerchiefs for. . . ,5c
Children's handkerchiefs, 3 in
box; per box ,35c
Our Entire Stock of Hair
Goods at Half Price.
Three separate strand switch,
worth $1.00, for 50c
$1.50 Switch, 75c.
Three separate strand switch,,
for 75c
$3.00 Switch, $1.50.
A good line of three-strand
switches, regular price $3.00,
for each .$1.50
New Styles in Trimmed Hats
For the woman seeking a hat for dress, street or evening
wear, will go into raptures over the handsome group
we're featuring for Saturday. Gorgeous Gold and Sil
ver Lace Hats, richly trimmed in Furs and FlowersT
Goura and Paradise trimmed Hats, large and
small White Hats, lustrous Silk Plush and
Velvet Hats, each hat correctly trimmed.
Styles that have been developed during the
last ten days ; specially priced, Saturday, at. .
79c
Velvet Dress Shapes
The popular sailor styles, straight brims or turned-up effects.,
High and medium crowns, in disck ana coiors.
These hats retail in other stores at $1.50. Spe
cially priced for Saturday, at , . ,
Paradise Stick-Ups - New Flowers
The new imitation paradise, so In velvet and silk effects; al
popular for high trimming; so fruit and fur combinations.
witn ana wiuioui neaa, . i , y ew and h , Retail "-jLf
. sic t?.".:.,.. i9c (mat
i -
i ' T
M V I aw
Saturday SHOE Specials
Men's Goodyear welt shoes, in blu
cher, button or English (DO Cft
styles tpj.JU
Hayden's Special Shoe for Men, vici
or calf, button or blucher. The best
shoe value ever offered IJQ
Ladies' button or lace shoes, in patent leather or vici
z?:!"9!05: $3.ooand $3.50
Boys' Shoes, button or blucher, an all ' CO Cft
solid leather shoe, at tya-.uv
Misses' Shoes, vici kid, patent tip and
gunmetal, button only; sizes CJO AA
llioto2,at-
Children's Shoes, gunmetal and
vici kid; sizes 8 to 11, at
$1.75
FittheLittleTotSaturday!
A clean-up sale of about 20
dozen hats, suitable for ages'
3 to 9 years. Velvet and
Plush Hats,
Corduroy sets, (
tasseled Tarns;
$1.50 and $2.00 1
hats, only. . . .
Saturday Special Corset Section Second Floor
. $3.00 and $4.00 corsets in odds and ends of
standard makes in medium tyst, low bust, long
and medium length skirts; rubber corsets and
girdles, Saturday, at $1.49
$1.00 Camisples in pink or white silk, trimmed
with val lace; special, at 59c
i
Sweater Section, 2d Floor, Front Room.
Children's knit or Angora toques in all styles
and colors, at. .50c
November Sale
of Standard
Notions
and Dress Forms
12-eet1on Stmplu Form, can bt med
to get any mMurment of hipi,
but. nhouldcn, wilit and
hcwM. Tit -moat uaed form and at
..VHi v'!c mi' ta Omaha i
lift. 00 vaiue.-;. v, ,. .as.95
Poor (O-aaetion Slmplat Adjuatabla
Draaa Forma: wy lonveniant and
aultablo for tha homo dreaamaker ;
am UNO lot alaaa a tn 4R.
17.60 valua. .
-M.S9
J' A t C"" "r4 Swto Thra.d.
Ti,,. - wnifa, ail numbara.
(Limit 0 apoola to cuatomor.) Rar
olarly So apoolt apaclal, apoola
for asc
Klalnort Faathanraifht Draaa Shlald.
al 2, 20c v.ala, 12c alaa a, lR
alaa S, 38 c vlu. ,77, ,24c
10c Prima Snap Faitanara,, blaek and
whlta, popular a!u, doion. Be
- ,p' Coat'a Darnlnj Cotton, black,
15. VI"1 -Wd apool,
regularly 2 for 5c; apacial, 4 for 6
. Cballena Safety Plna, all aitaa, pol.'
, wheo Pin, fi doxan for. . .gc
10c Hair Pin Cablnat, all alaaa crimp.
d pina -. , .i-.ie
H; Sanitary Elaatla Belt, wall flttlna.
for .10c
45c Chlld'a Hoae Supporter,, white
and black, all urea j,
f Vi ""JS''' and S- 8fc Wnia
Crochet Cotton, all wanted colon,
100-yard ball; regularly to ball. I
balla for in.
Imported Steel Crochet Hooka, all
alaaa, 10c value, each. ....... ,Sc
8 Bowatrlng 8-Cord Sewing Thread,
black and whlta, not all number '
1 " U
M. K. Xnlttint Cotton, whlta only:
ragmlarly 6e, roll j.
Sanitary Napkins. ! In box. comfort
able and abaorbent: valua 10o, 8
boxea for
He Red Seal Hair Neta, cape and
fringe, all colore . .10c
10c Inelde Belting, black and white:
S IH. . SV and lnchea. yard.T.Sc
(Oe, 75c and 11.00 Saleaman'a Sam
plea of Sbeara, Selaaora, Button
, Hole and Manicure Selaaora. all
high grade ateel, all perfect. . . Ic
Warren'a Oroa Drain Futherbone
black and white, 16c yard, ape
cial for , . , gc
Sc Pollened Pina, full lot count, an
A-l Pin, packaae r-r....3c
2 He Cotton Tape, UAk and white.
s-yara bolta . . , i ,1c
Sc Men'a Cuahlon Neck Banda, all
aiaea, 2 for gc
16c Biaa Tape, white and blaek, 12-'
yard bolta, alaa 8, 4, 6 and 6
.per bolt ,.6c
It Pays-TRY HAYDEN'S FIRST-It Pays'