University Levy Lost After Hard Fight in Senate Vote to Be Taken Today on Bill Permitting Citiea to Sell Coal and Gasoline. Lincoln, March 17.—University and normal school forces went down to defeat In the Nebraska state senate today when that body, by a vote of 3 7 to 15, declined to advance a hill to third reading providing specific levies for 30 years to care for build ing programs of educational Institu tions. The vote follows: For th® bill: R1I*®, Cha.mb®r», Cooper, Dolezal, Dyaant, Griswold. Hoy?, Jenry, Johnson, T.aughltn. Luckey, McGowan, Robbins, Bcott, Warner. Against: Hanning, Rehrens, Goodrich, Holbrook, lleckt, Illlan, Kerr. Meacham, Purcell, Reed. Robertson, Shellen barger, Vance, Watson, Wilkens, Wllt7t», Wood. Absent and not voting: Humphrey. This vote, however, did not kill the Mil. Tt still remained on gppcrnl file and before opponents could make a motion to Indefinitely postpone Jeary of Lancaster, the sponsor, was on his feet with a motion to arise and re port. Warner of Lancaster, another sponsor, who was 1n the chair called for a vote on Jeary's motion, and ruled. The avowed purpose of the Jeary motion was to prepare an amend ment, referring the measure to a ref crendum at the next election. Op ponents asserts It was merely a play for more time. A few minutes ear lier Jeary opposed a. proposal hy Purcell of Custer, to send the bill to a referendum. Jeary,( in advercattng favorable ac tion, stated he had heard reports that hoard of agriculture members of the senate were fighting the bill because of Jealousy over small appropriations granted the state fair board. Pur cell and Reed of Henderson denied these charges vehemently on the floor while Itanning of Cass, another member of the board of agriculture, engaged In heated debate with Jeary after adjournment. Jeary asserted the bill would cure ’log rolling for appropriations In the legislature, and would enable educa tional Institutions to figure definitely In advance on amounts available for building purposes, thus affording continuity and system In erection of buildings. Following adjournment the senate Judiciary committee listened to a de bate over senate file 31, permitting city councils to decide whether mo nopolies exist and If In their apinlon monopolies in coal and gas are 1n existence they may operate muny stations to sell at cost. The commit tee will vote tomorrow on this bill. Former T'nlted States Senator E. J. Burkett, Henry Monsky of Omaha, Lloyd Thomas, secretary of Hastings chamber of commerce, and W. S. Btl by of Fairbury represented opponents of the bill, while T. J. McGuire of Omaha, assistant attorney general, represented friends of the measure. Attorney General O. S. Spillman, sponsor of the bill, was reported seri ously 111 with pneumonia at Pierce. "The Idea of permitting our city counclle to exercise Judiciary power to determine whether or not a mo nopoly exists, when the United States supreme court approaches such a question with the knowledge that it Is one of the most important Judicial subjects in existence,” Burkett said "Then, too, think of our 14th amendment to the constitution, guar anteeing us ‘life, liberty and proper ty.” Remember, this bill provides for selling these commdities at cost, while a private concern,' In order to live, must make some profit. They couldn't compete. It would be confiscation of property." McGuire, In his argument, asserted such a w'eapon was the only one that could he used rapidly and surely to cure the monopoly he charged existed In petroleum products. Senator T. B. Dysart, who Is chair man of the miscellaneous subjects committee. Is also a member of the Judiciary committee. Because of the important hearing l>efore the judiciary he waa compelled to delay a meeting of his committee until 9 tomorrow morning. The senate today withdrew the in tangible tax repeal law reported out of the senate committee on revenue and taxation recently. Senator John Wiltse, chairman of this committee, announced that many Interested per sons from Omaha and other parts of the state desired to be heard on the Intangible question and an open hear ing would be held by hts committee at 7:30 tomorrow evening. In the house the Wlngett peyote hill passed with only one opposing vote. Under ths terms of this bill Indians are denied the right to use * peyote, claimed to he a harmful drug. The bill requiring a six months' lapse between the time a divorce Is filed and granted was advanced to third reading In the house. For the second time the house killed the Staats bus bill. TRAM HITS AUTO, TWO ARE INJURED Joe Levlnsky, a plumber, 4411 South Twenty-sixth street and A. Re senkl, 4520 South Twenty-fifth street, were Injured Monday afternoon when a truck they were In, driven by Le vlnaky, collided with a street «-sr st Twenty-fourth street and Woolworth avenue. Wltneeses of the accident told po lice that the etreet car did not stop following the collision. Resenkl was the most badly Injured of the two, suffering from bruises on the left srm and right, leg. He wae taken to Lord Lister hospital. Levln sky suffered from body bruises and was taken to hla home. 25 Appeals Called. Twenty-live Omahana, released from federal Jalla for habeas corpus pro ceedings following their conviction., on liquor law violations and given sentences by the late Judge Mcflcc, will answer federal summonses to • Pl>enr In ths circuit court of npiteals •t 8t. Paul on May 17 In answer to the appeal of the district attorney's office. Judge Munger Ttiesdsv signed the orders requesting the 25 defendants to appear In tha circuit court of appeals. Founder of Fremont Newspaper in Omaha UV ■ - ■ , Boss L. Haniiiiorul. Ross L. Hammond or Riverside, Cal., formerly of Fremont, was visit ing friends and transacting business li; Omaha, Tuesday. Hammond, with his brother, Frank, founded the Fremont Tribune more than 4n years ago. He went to California five years ago and this is his first visit hark to the old home. “The prairies of old Nebraska look mighty good to me," said Hammond “The soil is a little blacker, the sky a little bluer and the old friends a little dearer, because of my long absence. It has been a wonderful trip." Asked about conditions In Los Angeles, llammond said the city was going right ahead, despite rumors and prophesies. “People in that city have quit try ing to explain its growth and con tinued prosperity. It Is a miracle city, and w ith that we Just let It go.” Hammond is engaged in banking In Riverside and is interested In a news paper conducted by his son In the Imperial Valley. He writes an oc casional editorial jusjt to keep hts hand in. He is booked for several noonday luncheon meetings, and last Monday addressed the Commercial club of Fremont, It being the largest fioonday meeting in the club's his tory. For 40 years he was one of the outstanding newspaper men of the middle west, and admits, w^hen closely pressed, that he would like to be back In the game actively. Street Widening O Cost Estimated Twenty-Fourth Street Projeet Appraised at $312,515.16 by Board. The city council Tuesday morning received report of apprglsers on pro posed widening of Twenty-fourth street, St. Mary avenue to Farnam street, the amount of damages being $312,515.16. The appraisers are C. A. Grlmmel, P. T. Tebblns and Joseph Murphy. The Improvement contemplates ad ding 26 feet to the west side of Twen ty-fourth street. The city council committee will have a public hearing on this In the city council chamber, Monday morn ing, March 30. OMAHA LEAD IN HOGS PREDICTED Optimism is still running high around the stockyards, with the ever changing markets on hogs and new high prices that are being paid for the porkers. Saturday the Omaha hog market was 5 cents higher than Chicago while Monday, the two markets run an even race for top prices. The top prices for the day were $14.10, with the bulk of the sales running from $13.75 to . $14.05. Predictions around the exchange are that Omaha will soon be the ftest hog market in the country. 10. A. Rose of Roberts Bros, and Rose Commission company, predicts a very erratic hog market for some time to come, with possibly many new top prices being established one day only to suffer a slump the next day. R. McPhall of the Interstate Com mission company, looks for a steady market with $15 top in the near fu ture. IRATE HUSBAND’S CONDITION GRAVE Clarence Rogue, 31, 223 Park ave nue, who shot himself in the ab domen Sunday night after shooting at his wife, Mrs. IVinnle Bogus and Roy McGulgan, her companian, In a coupe, was reported to he in critical condition Tuesday at Lord Lister hoa pital. He spent a restless night Mon day. Charles Burke Recuprratinp. Charts Burke, livestock commie sion man, is recuperating at Clark son hospital where he underwent an operation. Government Has Rested Its Case Upon Oil Leases Everhart's Refusal to Take Stand Causes Elimination of Fall as Federal Witness, Counsel Says. (Continued From Tare One) Judge -Kennedy overruled the motion to strike after Laaey had made that statement. * No Witnesses on Ronds. The result will be, according to de fense attorneys, that no witness will be called hy the Mammoth company company to disprove the testimony by government witnesses of the movement of Liberty bonds between the Continental Trading company and Fall, t'nder this plan only witnesses to disprove the government's charge that the $25,01)0 loaned by Sinclair to Fall late in 1923,,17 months after the execution of the Teapot lease, was given the former interior secretary for ‘‘favors’ previously accorded the millionaire oil magnate, will he called. 1'nder government testimony it was alleged that this $25,000 was received tA the credit of Fall and de posited in a hank at El Paso, Tex. Another part of the government's testimony to be combatted by the de fense will be that in which it was charged that the lease was executed In secrecy and that attempts were made to keep it from being publicly announced. Documents Iritrodured. Before closing its case the govern ment introduced into the record a dozen or more documents, including records of bond transactions in New York and bond deposits in banks at Pueblo, I'olo., and Carrlzo/.o, N. M. Three letters—one written by Fall in Washington on the stationery of J. W. Zevely, attorney for Sinclair, undated but presumably in 1923, to J. G, McNary, El Paso banker, saying ho (Fall), was having forwarded to El Paso $25,000 in bonds alleged hy the government to have been given Fall hy Sinclair, and two others regarding the transaction, ware offered in evi dence. One of the remaining two was written hy Zevely to McNary and the other to McNary to Zevely. Other deposit records to show that $90,000 in bonds had been deposited in the First National hank of Pueblo to the credit of Fail and that interest coupons on $140,500 also in bonds had been clipped to the credit of Fall, were Introduced. The government alleged these came from the Continental Trading company. “N'o Conspiracy Proved.” When the government had rested. Lacey said: ‘‘A conspiracy in a civil case has no force whatever. Further than that, no conspiracy has been proved here. We do not believe that there has-been established any connection whatever between Sinclair or the Mammoth Oil company and these bonds and as that record is made we are willing to stand." “Then I will overrule the motion to strike,” said Judge Kennedy. Judge Kennedy previously had asked the defense that as long a-s it contended that the evidence regarding bond transactions was not germane to the case. If it mad# any difference whether or not he overruled the mo tion or sustained It, taking the posi tion that the defense regarded it as one of no Importance either way. Lacey explained that the motion to strike was made simply as a matter of record. Argue Executive Order. Judge Kennedy In questioning de fense counsel as to the importance of the Liberty bond evidence, Inferred that he would assume that the major Issue remaining in the case would be the argument of counsel over the elation of the legality of the execu tive order by President Harding trans ferring the Wyoming oil reserve from the Navy department to the Interior department for leasing purposes. This also is one of the contentions upon which the government based Its an nulment suit, alleging that the order and the ensuing contracts wdth Sin clair were executed hy the administra tive officials in excess of their au thority r-~— -a Burgess Bedtime Stories v_J By THORNTON W. BURGESS H, * heart la alwava In th* fight Who knn*’* hla ran** la just and right. —Johnny Chuck Polly Chuck Watches a Great Fight For a few minutes Johnny Chuck, spying from behind the old stone wall, watched the strange Chuck un der an apple tree. It was plain that the stranger was showing off. It was plain that he was doing It for the benefit of Polly Chuck, who sat on the doorstep of her new home. The strange Chuck took a few atepa toward Polly Chuck. Johnny chuck' could stand it no longer. He scram bled over the stone Wall and whistled shrilly. Instantly tha strange Chuek turned to face him and he whist led hack deflantlv. The stranger wasn't afraid. Any on# could have seen that. In fact, he was quit# angry at Johnny Chuck. To his way of thinking, John ny Chuck had no business there. He didn’t propose to have any one Inter* j fering with his affairs. The hair on (her and over they rolled in (lie grass. his bark and neck was standing up just ns it was on the back and neck of Johnny Chuck, ile drew back his lips to show his teeth—and very sharp teeth they were. He didn't watt for Johnny Chuck to come to him; he started to meet Johnny half-way. When they were close together, face to fare they began to move about In a circle, but always facing each other. Each was watching for a chance to jump at the other. All the time they growled and snarled and clashed their teeth. "What are you doing here?” de manded the stranger. "I'll show you!'1 snarled Johnny Chuck. "It you know what Is good for you you will get out of this Old Orchard as fast as your legs will take you. "I'm waiting for you to drive me out,” growled the stranger. "Come on and fight. I 11 show you who Is going! to leave the Old Orchard." "Come on and fight yourself," J Johnny Chuck taunted. The stranger took Johnny at his word. He thought he saw a chance to catch Johnny unprepared, and he, sprang at Johnny to make the most of It. But Johnny was prepared. They eame together with such force that, both fell over. Then such a fight as i there was there In the Old Orchard! j Over and over they rolled In the; grass, hiting, tenting at each other with the claws of their stout hind I feet, growling, snapping, snarling. It ! was dreadful. Polly Chuck, sitting up straight on j the doorstep of her new home,; watched it with eyes shining with! excitment. She k^iew that they wore | fighting for her. She didn't say a! word. Pnwn in her heart she wasi hoping that Johnny Chuck would | win, hut not for the world would she have let him know it just then. Of rourse, all the little people In (ho Old Orchard hurried to watch that great fight. It was very exciting. All the feathered folk flew about screaming encouragement to both. Most of them wanted Johnny Chuck to win for Johnny was an old friend. But a few of them encouraged the stranger. Now the stranger was no coward. He was as hlg and as strong as Johnny Chuck, and he was younger. In this he had the advantage. But Johnny Chuck had had more exper ience. He had been In many fights, and in this he had the advantage. At last he got the grip on the stranger he had been striving for. The latter tried his best, but he couldn't shake. Johnny Chuck loose. Little by little his strength left him. He was beaten and he knew It. The next story: "Polly and Johnny Chuck Make Up.” (Copyright, 1925). % Teething Drops and Soothing Syrups, especially prepared for Infants in arms and Children all ages. To avoid imitationi, always look (or the aignature of Proven direction! on each packare. Phyiieiana everywhere recommend It. ■ l \ Nutritious? ^ » * i | Iten Fairy Crackers are highly I IX JJ W rated as nutritious, satisfying and ■ ■ easily digested food. They are rich in carbohydrates (the energy pro ducers) containing more than 70%. Protein (muscle and tissue builder) registers more than 12%. Fat (also an energy producer and carrier of vitamins) registers 10%. Water is less than 5%, while fibre (the bulky cellulose that aids digestive action) and mineral matter (principally salt) make up the remainder. Iten Fairy Crackers have 1939 calories to the pound. Six crack ers supply 100 calories. 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Me. >•1TAYDEN. =Sale of 1 | Home Fi rnishings Continues All Week I A Rare Chance to Save on Floor Coverings $39 Axminster Rug Wilton Rug *29 *79 I In the new Yolorintr' and rat- In extra fine quality wool yarns: soft, terns; soft oriental colorinsrs silky finish; new Chinese and Oriental and patterns; very heavy nap. effect' New spring pattern', 9x12 9x12 size. Each, j size. Special at, each Base Floor Covering 59c I j Rag Rugs Axminster Rugs - *■ rv djo Qfi $1.19 Ea In mixed colors, green, >" ">« «*•«-> throw ^ "3 || Third Floor. Third Floor. A Wonderful Time to Brighten the Home During This Sale of Drapery Materials Silk Damask $2.50 Yard fn brocaded ef fects. Black and (fold, blue and sil ver, blue and rose; used especially for over drapes, pillow tops and table run ners. 36 inches wide. Third Floor. Plain Silk Drapery Gauze $2.00 In the most want ed colors; wonder ful quality; rose, gold, natural and delft blue shade*. Can be used for ' overhanging?, cov ers, etc. 45-inch width. 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