Nebraska Newspapers

    TII13 OMAHA DAILY IPSHt RtlXDAY. MAY 15. 1808 , n
NOT SUPERIOR TO COURTS
* Relater Files Hl Brief In the Holoomb
Mandamus Oaao.
' GOVERNOR REQUIRED TO EXECUTE LAW
Opinion * ftl IVrfirimkn flnpreme Court
Cl < f > < ! to Bnitnln 1'onltlon Writ
of Mnilnman Will Me
A nlnt Him.
LINCOLN , May H. ( Special. ) The re-
lator's brief In the case of the State of Ne
braska ex rcl Victor Rosewatcr against
Bllon A. Holcomb , governor of the state of
Nebraska , respondent , h'as been filed In the
office of the clerk of the supreme court. The
case grows out of charges filed Impeaching
the members of the Fire and Police Com
mission of the city of Omaha , In which a
mandamus In nuked to compel Governor Hot-
comb to hear the testimony In person In
stead of by proxy. The brief begins :
The relater comes not Into this court ex
cusing himself , but by virtue of a right
which the respondent Is trying to deny.
The question presented Is not ono of court
esy between the departments of government ,
but one of Justice. The motto ot the state
of Nebraska Is "Equality Before the Law. "
If that motto means anything , It Is that the
humblest cltfzcn In the state , equally with
the wealthiest and most Influential , equally
even with Its governor , can appeal to the
courts for Impartial and exact Justice ac
cording to the law.
Quoting the law , he says :
Section 1C8 of the charter provides , that
upon written charges being filed against any
.commissioner , the governor "shall , within a
reasonable time , Investigate the same upon
testimony to be produced before him. "
By virtue of the provisions of this section
Ihe governor Id thereby created and consti
tuted a Judicial tribunal to try said charges ,
purely and simply a statutory creation , pos
sessing none of the powers ot a court of
general Jurisdiction with authority to ap
point a referee or delegate this statutory
rower to a commissioner or other officer to
make a finding upon the law and the facts.
After the testimony Is taken In a legal
manner , undoubtedly the governor can seek
counsel and advice of whom he chooses , If
he feels that the responsibility Is too much
for him , or his duties as coinmander-ln-chlef
of the army and navy of the state of Ne
braska are so very onerous that ho cannot
i llnd time for anything that will distract his
mind from the self-imposed task of over
: > i throwing Spanish dominion In America.
FimKloii of Governor.
The Bum and substance of the governor's
position is , therefore , that he refuses to act
himself , he denies the right of the. supreme
court to compel him to act. still ho wants
to refer these grave charges to a private
citizen. This position of the respondent , to
quote from his brief , "is not only trifling ,
bat perilously near ridiculous. "
' The express language of section 1GS is tnai
the governor shall "Investigate upon test -
mony to be produced before him. " Testi
mony presumes an oath administered by
lawful authority , otherwise It Is not tcstl-
' Wh'at the relater objects to Is the pre-
sunilng to take statements of various Indi
viduals , not under oath , as requ red by the
charter taken by a private Individual and
call the same evidence. What the relater
to Is that the governor shall Bet
has a right
S"me and place when legal testimony can
bo produced in a legal manner. This Is
purely ministerial.
Under section 1C8 the governor succeeda
to powers formerly vested In an appointing
board , consisting of the Governor , attorney
general and land commissioner. Mandamus
would clearly have Issued against members
of that board. This Is admitted by re-
epondcnt In his brief. Why not. then
against his successor ? Would not manda
mus Issue against the governor to compel
performance of ministerial duties reposed
on him by statute as labor commissioner eras
as oil Inspector ? Would It not Issue against
the governor If he were a member of the
Btato Board of Transportation ? AVould it not
issue against him If ho were vested by stat
ute solely with all the powers now lodged
In the State Board of Transportation ? If not
why cannot the legislature evade the fed
eral constitution and defy federal courts by
making the governor'who claims to bo ex
empt from all court process , the State Board
of Transportation ? '
The relater admits that there Is a hope
less conflict In the decisions of the courts
1 of last resort of other states , upon th
power of the court to Issue this writ to th
governor to require him to perform a min
isterial act , but Insist that Nebraska law
and precedent are all In favor of It.
Ile iulre l to Execute the I.iov.
The first words of the preamble to tht
Nebraska constitution say : "We the people
sovereign In their own right , have dele
gated to their servants or officers certalr
powers to bo exercised for the benefit of al
the people. These powers are prescribed Ir
the written laws of the state , the constitu
tion and statutes. The legislature Is bound
In Its law-making powers alone by the con-
itltutlon. The executive Is required to exo'
cute the laws as found In the consUtutlot
and as enacted by the legislature , while thi
Judicial branch of the government Is thi
Interpreter of these laws. No one of thcsi
branches of the body politic Is Independen
of the other In the sense of a separati
sovereignty , each Is circumscribed by thi
law , for by the law , and not by the officer
are wo governed.
In the origin ot the writ ot mandamu
we discover the fallacy In the reasoning ; o
those courts which hold that It will no
issue to the executive the writ to requir
the performance ot a mlnsterlal net. It w.n
a high prerogative writ Issued only by th
King's bench where the sovereign was pre
turned to personally preside. As the kin ;
Eczema YEARS TEN
Suffered Untold Agonies. Limbs
Swollen So Could Not
Get About.
Ablest Physicians Signally Failed.
Was Absolutely Disheartened.
Had Lost All Hope.
Gave Cuticura A Trial , Which
Resulted in Absolute and
Perfect Cure.
For ten yc.irs I Buffered untold agonies from
that drc.nl disease Kuzcma , my lower limbs
moat of the time being so swollen and broken
out that I could uanlly go about. I luil to wear
Sllpneratotliatl could move about at all. My
brother , n physician of thirty j cars' practice
and extcusho experience , had tried in vain
to clfcct a euro ami signally fallotl. I tried
, other logicians of splendid ability with like
results , ami hail reached that point where I
became absolutely dUUeartenod , and in fact
hud lost all ho | < olicn a friend induced me
tOKho CUTICUIU KCMEIUED a trial. I used
two cake * ot CUTICUUA Sou- and two IHIXCJ
of CUTICURA. ( ointment ) , and It resulted in
an < il > ioluie ami permanent cure. I am now
perfectly cured , eomul as a dollar , and to Cu-
TicunA IlcttuuiEg I attribute my almost mir
aculous cure. I refer all Interested to the
roitmaiter of thli place , any of the ministers ,
the prominent buiinoia men , and all of the
citizens of our vicinity Indiscriminately , and
especially to my friend , John A. II. Slilppey ,
attorney at law , who i > ersuadcd mo to give
'
M. BAIT , Plymouth , IU.
CUTICURA WORKS WONDERS
CUTICUIU IUMIDIIS Instantly relieve and
poodlly curt every humor anil dlicuo of the
kin , icalp , and blood , IU > lots of kalr , whether
Itchlnf , burning , ! > ' , pimply , nd blotchy ,
whether ttniiiltf. crofulous , hcrcultary , orcou.
toglou * , when alt eUo falls.
Sri inr Cn Tai r * JT oi ILL * n inn Dtoot
Ili-iiu i - W.tw i > uhs with Cimcoat Sotr. | tnlli
nUntlnn vlth CvTKi'ii ( olntratm ) . i > rrit of rraul
li l i lift can * ol mlM * M umcvat RSIOL
vaVr. iiwlMl ° ( blood pml . f ia4 hornw cum.
Sold Ikmoilunil Itii vnl4. Port i Dira D rn H
" " IIM
rould do no wrong , he therefore could not
! * inandnmuftrd by himself. The Judge * of
the King's bench who acted AS the scr/ntiti
or officers of the king couM not IHAIIR n
writ requiring the sovereign to act. Neither
i an our highest courts IBRUC n writ to our
toYvitlgns , fie people , commanding them
to act In a certain manner , but to say that
the courts who ore by the tonstltut'on '
clothed with the exclusive power of Inter
preting the law cannot by their mandate
require a co-ordinate branch of the gov
ernment to obey the law as so Interim tnl
Is ( o maintain that the executive Is not oi.ly
to execute , but also to pass Judgment Upon
tlio law , thereby creating him a law unto
himself. The logic of respondent's position
Is that after a certain law Is placed upon
Hie statute books prescribing certain cx-
ccullvo acts the cotlrt shall not say how
thU ministerial act Is to be performed. This
centralization of power In one offlclal sub
verts the very division of powers contem
plated by the constitution. The exemption
of tbo governor aa claimed by the respond
ent Is the shadowy relic of a doctrine of
mediaeval times , pertaining alone to sov
ereignty , and can have no place In n free
republic , where the sovereignty Is In the
people and where the constitution provides
for the performance of the executive du
ties by other officers In rase of absence , dis
ability , resignation or death.
The governor is merely the head of the cxi-
ecutlve department of the ntate government.
His colleagues are by section 1 , article v , of
the constitution , the lieutenant governor ,
secretary of state , auditor , treasurer , super
intendent of public Instruction , attorney gen
eral and commissioner of public lands an.l
buildings , and certainly the reason of the
rule of exemption from mandamus applies
as forcibly to one ns to the other.
The following , among the numerous ad
judications of this court , awarding the writ ,
not alone against the governor , but also
against other members of the executive de
partment , certainly settles the rule In this
stnto In favor of the Issuing of the writ :
State against Dabcock , 19 Neb. , 230 ; State
against llcnton , 25 Neb. , 278 , 756 ; State
aRalnst Dabcock , 22 Neb , 014 ; State against
Holcomb , 40 Neb. , 612.
Referring to other cases , the relater says :
Subject to MniultiimiN.
This court has In the two cases reported
In 31 Neb. , State against Thayer , page 82 ,
and State against Elder , at page 169 , placed
the right to Issue a mandamus to the gov
ernor or other executive odlccr to perform
a ministerial duty beyond controversy in this
state. Especially In the case of State
against Elder does Judge Cobb review at
some length the constitutional provisions
separating nnd defining the various powcis
of the several departments } . The Judge says ,
on pnge 175 :
"It will be observed that the respondent's
serious ground of objection to the Jurisdic
tion of the court rests on the allegation that
ho Is the speaker of the house of representa
tives and the presiding officer of the Joint
convention of the two houses. The Jettcr of
the statute makes no exception In man
damus , in favor of the functions of such
officer ; EO that If he Is a person upon whom
the law has specially enjoined the perform
ance of an act , or acts , as a duty result
ing from an ofllce , trust , or station , ho Is ,
In the face of all cavil , within the letter
of the code , subject to mandanTUs , ana to
the Jurisdiction of the court therein. " And
also on page 177 : "In these examples the
court observed the literal sense of article It
of the constitution , construing its meaning
and intent to be that the respective duties
Incumbent upon and applicable to each sep
arate department of the government are con
fined to It alone ; but It did not take the
view , nor can It now , that where an officer
of either the legislative or executive depart
ments , or the Judicial , shall refuse to exe
cute an Imperative duty , Imposed by law
upon the ofllce of the Incumbent , to the
detriment and prejudice of a citizen or of
the public , through this constitutional pro
vision , while the courts have full power of
redress In cases of delinquent Judicial offi
cers , they are prohibited from considering
any flagrant violation of the constitution or
laws by officers of the other departments ,
lest the court trench upon their prerogative.
No such limited nnd sinister construction
can be placed upon the second article with
out violating the spirit of the first , and
violating many of its provisions. "
Several assertions made by thq respondent
In his brief , the relater saysl call for refuta
tion , and he refers to them'asfollows :
1. The respondent attempts to Justify his
course In delegating duties Imposed by law
upon him to n private citizen , whom he calls
a referee , on the ground that he was too
busily engaged in the affairs of the nation
, to turn aside to attend personally to the
charges preferred against his police com
missioners ; particularly In his duties con
nected with the enlistment nnd mobilization
of troops. At the time these Impeachment
charges wcre-flled with the governor no call
for troops had been made , nor was there
any call Imminent.And by the time the
decision is rendered In this suit the state
mllltla will doubtless have been mustered
Into the volunteer army and the duties of
the governor with reference to the call for
troops discharged. The manifold duties de
volving upon the chief executive of the state
might be properly taken Into consideration
In determining what constitutes the reasona
ble time lu which he Is required to hear the
testimony in support of these charges , but
it affords no reason why his duty to hear
the testimony should be altogether abro
gated.
2. The respondent Insists that It the court
can compel tho'governor to hear the testi
mony In support of the Impeachment charges
filed before him , as provided by law. It can
also review the governor's action In hearing ,
receiving and excluding testimony , and de
termining as a court of appeal whether his
conclusion Is in conformity with the evi
dence. While the constitution of Nebraska
guarantees to both parties to every civil
suit the right of appeal to the court of last
resort , and the question might arise whether
the decision of the governor sitting as an
Inferior court to hear these charges may not
bo subject to a writ of error , yet that ques
tlon Is not contained In this case and should
< have no Influence upon the Judgment of the
court and to the relator's right to the writ
prayed for.
3. The respondent tries 'to belittle the In
terests at Issue by asserting that they con
cern at best "only a small portion of the
state. " In reality they concern directly the
people of the most populous and wealthiest
city of the state , and Indirectly the people
of the whole state and all surrounding
states. The city of Omaha contains nearly
one-eighth of the population ot Nebraska ,
and contributes moro than that proportion
ately to the support of the state govern
ment. Whether Omaha has efficient police
protection , especially during the Impending
exposition season , is of vital Interest not
only to Its own Inhabitants , but to the hun
dreds of thousands of people of this and
other states who will visit In the city dur
ing the summer. Dut even It the case did
concern "only a small portion of the state , "
or concerned only a single individual , the
rights of that portion of the state or of
that Individual would bo Just as sacred and
entitled to the same protection from the
courts as the rights of the people of the
whole state.
Umipeominry Alarm.
Referring to the course at Governor Hol
comb In the premises , the relater says :
The respondent seems to take great pleas
ure In conjuring up visions of terrible con
sequences that he thinks sure to follow the
granting of the writ of mandamus as prayed
for by your relator. That these visions are
wholly Imaginary and without foundation In
fact is so plain as to require no further
notice. The question Is , however , pertinent.
What would be the consequences of a denial
ot the writ nnd the admission by this court
of the coutcntlon of the respondent , that by
virtue of occupying the governor's office he
Is exempt from all Judicial process , and in
relation to the Impeachment charges pre
ferred before him absolutely above the law ?
What do these charges set up ? They set
up allegations fully supported by the sworn
affidavits accompanying them , copies ot
which are a part of relator's petition , ol
abuses of power and misdemeanor In office
by the respondent's appointees on the Doard
of Flro and Police Commissioners of Omaha
that would be Intolerable In any community
not EO long suffering. They charge that
police commissioners have conspired to
gether for political and unlawful purposes
to disregard the law and Ignore their otll-
clal oaths. They charge that as a rebull
of this law defiance , the efficiency of the
police , force has been utterly destroyed , the
citizens ot Omaha deprived of adequate po
lice protection and their lives and propertj
constantly exposed to the raids ot footpads ,
thieve * and professional crooks , who pi )
KELLER , STIGER & CO.
.
tin r.I
Reduction Sale Monday on Dress
Goods and Silks.
IIH Jn
Silks for Monday.
Armuro Checks , Etamlne , Silk Melange ,
Mohair Novelties , and all our $1.00 , $1.25
and $1.50 New Silk .Fancy Dress Goods
G9c 69c 69c
Cheviots , Checks , Stripes and all our 50c
and 60c this season fancies will bo
29c 29c 29c
Black Dress Goods Bargains.
Albatrosi and Nun's Veiling reg-
ulor price DOc.
F8ure(1 | Mohair , Imported , usually
sold 76c.
storm Serge CO Inch n very de-
slrablo bargain was 85c.
Cut Prices on Silks.
Fancy Silks , short lengths from
11.00 up to $1.60 , at 69c.
AQr > Black Taffeta Silk , 85c grade at
\JU\j 69c.
Black Satin Duchcssc $1.00 qualIty -
Ity for 75c.
Cnecl < s Bnd Stripes for waists 22
inches wide 90c.
1fJ/"V Gros Grain , Peau do Sole , Brocades -
* * V/ ades 22 , 23 and 24 Inches $1.35
grade.
rlnla nn < 1 Neapolitan Striped
silks 50c.
ANOTHER LARGE ASSORTMENT OP
French Valenciennes Laces.
Pretty patterns and marvelous values at
20c , 25c , 30c , 40c , 60c , 75c and $1.00 a piece '
of 12 yards.
New Black Silk Tosca and
Cracquele Mesh Nets.
45 Inches wide for waists and skirts very
fashionable at 65c , 85c , $1.15 , $1.25 , $2.25
and $2.75 a yard.
New Black Silk Chantilly ,
Thread and Guipure Laces ,
For trimming wraps , capes , etc. , at ISc ,
20c , 25c , 3Cc , BOc and 75c a yard.
New Huguenot Puffing.
Alternate rows of putting and Vnl lace In
sertion something new for yokes , fronts
and waists.
New Guipure and Venetian Effects
in Nainsook Embroidery.
For trimming pique , ginghams , etc.
Ladies' ' Revered Hemstitched Pure
Irish Linen Handkerchiefs.
12V&C and 15c quality reduced to lOc
each.
Ladies' ' H. S. and Scalloped Border
Irish and Swiss Handkerchiefs.
25c , 30c and 35c qualities slightly soiled
all reduced to 19c each.
Car. Farnam If CI I Elf CTIPCD ft Pfl GorFarnam
and Fifteenth HCLLCli O IIUEH Ot uUi and Fifteenth
their vocations unmolested by the police.
They charge that the most vicious dens of
Infamy and disorderly resorts have been
licensed by them to sell liquor , In spite of
protests and remonstrances , and protected
in their lawless operations. ' They charge
that the police authorities have connived in
the conduct of open gambling resorts and
that liquor licenses granted their proprie
tors and subject to forfeiture have not been
revoked , in spite ot the plain violation of
the law. They charge that the police force
of the city has been perverted to political
ends and the taxpayers compelled to pay
the salaries of officers detailed to do po
litical work at the behests of candidates
for office and their campaign managers.
Instead of exhibiting eagerness to learn
whether these charges are true and
whether men appointed by him to responsi
ble public positions have betrayed bis con
fidence and disgraced his party , the re
spondent asks this court to uphold him In
his refusal to investigate Into their truth
or falsity and to endorse his action In re-
appolntlng and keeping them In office ,
If the court gives its approval to the po
sition of the respondent the law-abiding
people of Omaha are helpless to escape the
evils which have been Inflicted upon them
through police mlsgovernriant and notice Is
given to the Impeached commissioners that
they can continue their lawless practices
safe in the assurance that they will be
protected therein by the governor , free from
all Judicial restraint.
Whvnt Sell * Well.
WEST POINT. Neb. , May 14. ( Special. )
Wheat has been selling right hero In
West Point during this week for consider
ably over $1 a bushel , and there Is no
drouth in India either.
The plans and specifications for the new
steel bridge across the Elkhorn at this place
were received several -days ago and filed
with the county clerk. Bids will bo made
out based upon this plan , and must be filed
before the 24th Inst. , when the county
board meets to act upon the bids.
The public schools have their exhibits
ready for the TransmUstsslppl Exposition.
They are of an elaborate character.
The Catholic priests of this section held
a conference In this city Tuesday. Bishop
Scanned of Omaha was In attendance.
Colonel Elliott was at Lincoln this week
and made arrangements to organize a com
pany of militia In West Point , so as to be
ready for the next call for troops.
The first one to enlist direct from West
Point under the president's call was Jerome
P. Langer , late a student at the State uni
versity. Jerome Is corporal In company
K , Second Nebraska.
Ill Nil n | i WllllnniH nt Scliuyler.
SCHUYLER , Neb. , May 14. ( Special. )
Bishop Williams of Detroit , Mich. , was pres
ent at Holy Trinity church during the
week , preaching Wednesday evening and
confirming Clara Wells and Bessie and
Laura Woods.
While Improving by adding to his house ,
an accident occurred at P. J. Everett's , the
end of an "L" that had been cut off and
moved outward , falling Inward and dam
aging itself , the celling ot the remaining
part and the foundation.
ItecrnltM from Fremont.
FREMONT , Neb. , May 14 , ( Special. )
Although Dodge county has sent no com
pany to Camp Saunders there are twenty
young men from this county enlisted there.
The men who went from here yesterday
afternoon enlisted In company II , Second
regiment. Fremont * leo has a represents
tlvo In the Omaha Guards , companies A and
H of the First , and M of the Second. S. S.
Sldner and Ernest Eisner of this city en
listed yesterday In Captain Culver's cavalry
company of Colonel Woods' regiment.
Novelty Ribbons.
1,000 yards 3 and 4 % Inch Fancy Plaid ,
Checked and striped
Foj tics , sashes , millinery purposes , etc.
only 25c a yard ,
Gelle Freres , Veritable Parisian
Perfumes , Triple Extracts ,
Pcau d' Espagne , Vlolcttes Russe , Helio
trope Diane , Trevolys , New Mown Hay ,
Mikado , etc. , etc.
Eau do Cologne Eau dc Tollete , Eau do
Quinine.
R , J , Roberts' ' Famous Steel Scissors
Extra refined , solid shear steel , nlckol
plated , at COc , GOc , 70c , SOc , 90c and $1.00
each.
COMPLETE ASSORTMENT OP THE
Celebrated Dress Shields.
Genuine "Amollne , " odorless nnd anti
septic absorbs like a sponge also the
"Omo , " " , " " " "
"CauDeld "Klelnerts , nnd "Al
pha" ventilating.
Children's ' Ideal Waist Hose Supporters
Comfortable , healthful and easy ot ad
justment the weight falls entirely on the
shoulders all sizes.
"Velvet Grip" and Frank Kerns'Side ' ,
Shoulder and Belt Hose Supporters.
All at the lowest prices.
300 Extra Fine Bristle Tooth Brushes
French and Japanese manufacture spe
cial , lOc each , worth 20c.
High Art Corsets and
Superior Muslin Underwear ,
Corset 38c Corset
Our regular COc Summer Corsets high
grade now 38c.
Shirtwaist Shirtwaist
Corset , $1.00 Corset
Batiste , splendid summer corsets perfect
cut.
"
New Cottonade - ' - New Gottonade
Corset $1.00 Corset
A pretty corset , dafnjjiy lace trimmed
perfect shape. -ji'
Bicycle ' , ' ' 51 Bicycle
Waist 75K.f Wafst
This diaphanous weborset : waist unsur
passed for comfort , slylb and shape.
Ferris , H ' Ferris
Waist 25c : : Waist
For boys or glrlrgf'st ; grade so re
nowned. , „ , , j
Ci 311) '
ORDERS FOR FIRST TO MOVE
Colonel Bratt Directed to Beport at San
Francisco Immediately.
REGIMENT TO START MONDAY MORNING
Nebrnnkn Volunteer * Denllneil to Go
to the Philippine * Are Heady to
Leave When the Cnrn
Pall Up to Load.
LINCOLN , May 14. ( Special. ) The long
expected orders for the movement of the
First regiment to San Francisco came this
afternoon at 3 o'clock and Is as follows :
WASHINGTON , May 14. Colonel John P.
Bratt , First Regiment United States Ne
braska Volunteers , Lincoln , Neb. : By di
rection ot the secretary of war you will pro
ceed at once with your regiment to San
FTanclbco , Cal. , and report to the commandIng -
Ing general there. Upon receipt of this or
der you will at once communicate with chief
quartermaster at Omaha for tbo necessary
transportation and with the chief commis
sary at Omaha for ten days' field rations , the
necessary travel rations and coffee money.
The quartermaster general and commis
sary general have Instructed the chief quar
termaster and chief commissary at above
place to provide the transportation , rations
and coffee money. Telegraph day of de
parture to commanding general at San Fran
cisco , also to this office , specifying amount
of tentage and ammunition taken with you.
H. C. CORBIN ,
Adjutant General.
The time for the departure of the regi
ment depends now upon the department at
Omaha , and it Is tbo general opinion
among the officers hero 'that the rations
and transportation will be provided so that
the move can be made Monday forenoon.
Colonel Bratt was seen shortly after tbo
arrival of the order , and \vaa asked when
his regiment would be rtfuly to go.
"They are ready to go now , " said Colonel
'
Bratt. "If the depaftjyc'nt will tell us
what trains to take wq.can have the tents
down , the baggage packed 'and loaded and
the boys on the train In'three hours time , "
This evening CoIoaeJ ' liratt received the
following telegram : 4 A
OMAHA. May 14. Colonel J. P. Bratt.
United States Volunteers , Lincoln : Am
ordered to transport O'QW , regiment to San
Francleco. Please wire ; die earliest moment
that you will be ready to start and give
number of officers , enlisted men and horses ,
JONES , Quartermaster.
In reply to this Colotnll Bratt wired that
ho had forty-six ofllcori',1973 enlisted men
and five horses , and thatithreecars would
be needed for transportation of baggage and
tentage. To the reporter tonight Colonel
Bratt said It would take.about thirty cars In
all to transport the regiment , the train run
ning In three sections. The quartermaster
at Omaha was lnforme.il that the regiment
would bo ready to move Monday morning
If the transportation and rations are pro
vided by that time.
Hey * Are lleail ) * to Start.
There was a feeling of rejoicing all
through that part of the camp occupied by
the First regiment after the circulation of
the news that the order to move had ar
rived. The companies are full , the boys
are well equipped , and they are heartily
tired of remaining In camp. The happiness
was not shared by the boys ot the Second
end , where there is much disappointment
, that the order did not call ( or the movement
The New The New
Child's ' Waist 50c Child's Waist
Welt adapted for Boys clastic hose sup
porters very substantial.
We hove In our corset deportment "P. D. "
" " " . "
"Glove Pitting" "Iloyal Worcester.
"Fasso" Corset.
We have the cxculslve sale here of this
highly recommended and world renowned
corset a perfect correct fit , comfort and
elegance combined.
Sleeping Gown 45c , .
Insertion trimmed yoke and runted with
fine cambric.
Sleeping Gown 60c.
Tucked and ruffled flue cambric yoke and
cuffs.
Sleeping Gown $1.00.
We make a specialty at this price , with
the highest grade and best styles out.
Ombrel Drawers 50o.
Deep hemstitched ruffle very pretty and
well made.
The New Chemise $1.80.
Pine Nainsook long chemise embroidered
and Insertion circular yoke ruffled em
broidered and tucked at bottom.
Table Linen Specials.
No need of making any mistakes If you
trade with us. Wo sell our linens on their
merits and wo save you all Intermediate
profits by making our purchases direct from
the largest manufacturers of table linen In
the world. We carry nothing but honest
goods that possess the worth and honest
merit. Wo have the determination and
ability to make the best prices.
CO-lnch Unbleached Table Linen , sells In
the regular way at GOc , now 39c yard.
All the 60-Inch Irish and Scotch bleached
and unbleached Table Linen , worth , 75c , go
at BOc.
16 pieces of Llddell's 68-Inch Irish Double
Satin Damask , worth up to $1.10 , go at 79c.
All of the very best make of 66 and 72-
Inch German full bleach Table Linen , worth
up to $1.75 , now * 1.2G , $1.10 , $1.00 and 90c
yard.
yard.Wo carry the celebrated Dresden Table
Linen In 2 , 2 % , and 2V4 yards wide , han
dled exclusively by us , and Is an article
that shows for treble Its real value , $1.75 ,
$1.65 , $1.50 and $1.40 yard.
Towels.
200 dozen 20x38-lnch and 22l4xl4-lncli
Towels , go at 12V4e and lOo each.
All our extra fine Huck Towels , hem
stitched borders , worth 35c , now 25c each.
One case dew bleach Huck Towels , hem
stitched and best possible towel for wear
35c , or 3 for $1.00.
We are taking the lead In Bath Towels bj
offering a good , substantial , double wan
Bath Towel , In extra size , for lOc each.
of both regiments. The opinion In the Second
end Is that several days will elapse before
the next marching order comes , and that
the regiment will not get to go to the
Philippines. The prospect of a trip to Cuba
at this season of the year Is not viewed
with much enthusiasm.
The troops encamped here are now well
equipped with the exception of guns , the
supply of which Is still short. The cavalry
troop needs about forty horses. The men
packed up their extra baggage and clothing
j to be shipped home today. The Lincoln com
panies were given a few hours' leave to go
Into the city with their bundles.
The First regiment now has Its full num
ber ot men. Some new applicants came
In today who were unable to find places In
the regiment. At noon the Second was short
about forty men , as follows : Company G ,
four ; company M , six ; company B , seven ;
company D , eight ; company I , eleven ; com
pany E , five. New recruits are coming In
right along and by tomorow there will not
be a single vacancy In the two regiments.
Some scalpers Invaded the camp today , of-
ferrlng to pay cash vouchers at about 50 per
cent discount. Very few of the boys are
so hard up as to accept such a reduction.
The Sunday program for the camp has
been Issued as follows : 7 a. m. . company
drill ; 8 o'clock , guard mount ; 11 o'clock ,
religious service ; preaching by Chaplain
Maillch and mass by Rev. Father Nugent ;
I 2 o'clock , battalion drill ; 5 o'clock , dress
j parade ,
f Note * of the Cnniii.
Major Clarkson was a visitor at the camp
yesterday evening.
General Barry Is taking a vacation at his
home In Greeley county.
H. T. Clarke came down from Omaha to
day to call on the boys of the two Omaha
companies.
The First regiment Indulged In a base ball
gome this afternoon , with a largo number
of spectators.
Colonel Bills of the Second Is the senior
colonel , and the Second also has the rankIng -
Ing captain , Campbell of company F.
The horses of the cavalry troop have not
yet been Inspected. The troop now has Its
full number of men and will bo ready to
move as soon as the government provides
the horses to mount the balance of the
troop.
Illlloll Aci'iiltteil.
NEBRASKA CITY , Neb. , May 14. ( Spe
cial. ) Leo Dillon , who has been on trial In
the district court for the last two days for
the murder of William Relsch on October
25 last , was acquitted by the Jury this mornIng -
Ing after being out about thirteen hours.
Relsch was picked up In an almost uncon
scious condition about 12 o'clock on the
night of the Bryan meeting here October
5 , 1897. Ho died In a few minutes from a
dislocation of the neck. Dillon was arrested
the next day for the crime. The testimony
was very conflicting , but It was developed
that Relsch bad been drinking that day and
had become Involved In a quarrel with Dil
lon and two or three companions and that
a fight ensued In which Relsch was struck
by Dillon. A little later the body ot Relsch
was found as above stated.
AVmitu n KecjiilnHlou.
LINCOLN , May 14. ( Special Telegram. )
A hearing was held today before the gov
ernor In the requisition case wherein a man
named Parrtngton Is wanted In Council
Bluffs by a nurseryman1 , who charge : ) Har
rington with embezzlement. Farrlngton
claims It Is a scheme to get him out of this
state and Into Iowa In order to enforce the
collection of a debt and he made strong
showing In the hearing. The governor has
tuken the matter under advisement ,
Sheets and Pillow Cases.
The way the public continues to patronize
this department Is the surest kind ot an In
dication that we have struck the right key
note In bargain giving. Wo have receded
two moro cases of sheets and for the benefit
of the hundreds who were disappointed In
comlnc too late last Monday , we have de
termined to put them on pale once more
at 3DC and 4c ! ) each. Pillow Cases , same
quality , largo size , lOc and 12c each.
Wash Goods.
We have got some charming new novelties
In this line which we think will delight
*
you. Theywould grace a duchess and they
are the acme of daintiness and brauty.
Those that wo have Just added to our stock
are so original and exclusive that wo think
we arc putting n good deal of brightness
Into circulation In Introducing this particu
lar rare and radiant lot. Buy n wash dress.
Buy ours. Our stock Is in style now style
this season's style. You will get what
was made to wear at just this time , and ,
therefore , the most fashionable to bo had ,
Ladies Parasals and Umbrellas.
We never know the time when so much
beauty and style could be obtained at so
small a cost positively the biggest bargain
ot the parasol season.
Ladles' Fancy Parasols All new shades
with hemstlch borders bought to sell at
$3.00 , special for Monday only , $1.79 each.
Another beautiful lot In stripes , plaids ,
checks , foulards , bought to sell at $2.25 ,
special for Monday only $1.69.
Genuine Bargains in
Ladies' ' Hosiery and Underwear.
At ICc Ladles' guaranteed fast black
and tan hose , double cole , heel and toe , a
very good quality , Monday only 16c pair.
At 25c Ladles' extra flue gauge fast
black and Uin IIOJG , best muco yarn , regular
35e quality , Monday only 25c pair.
At 33c Ladles' superior fast black lisle
thread hose , r.Oc . grade , white heel and toe ,
double sole , special for Monday only 35c
pair.At
At 60c We have an elegant assortment
ot ladles' fancy and plain Lisle thread hose ,
Including tun , selling entire lot for Mon
day , only 50c pair.
At 16c Children's ribbed hose. In fast
black and tan , double heel and toe , the
nover-wcar-out kind , all sizes , 6 to 10 ,
Monday only 15c pair.
At 12V6C Ladles' balbrlggan ribbed vests ,
ecru and white , nicely finished , all sizes ,
Monday only 12'/ic each.
At 18c. 3 for 60c Ladles' Rlchllcu ribbed
vests , silk tope , low neck , short sleeves , V
or square shaped neck. Bold elsewhere at
25c , our price only 18c , 3 for 60c.
Ladles' lisle thread vests , high neck'long
or short sleeves , low neck , sleeveless , knee
pants to match , white or ecru exceptlon-
aly good quality , all sizes , Monday only
25 cents.
Ladles' all silk vests , Rlchllcu ribbed , in
cream , white , pink and sky , crochet neck
and shoulder , special value , all sizes , 3 to 6 ,
Monday only 60c.
At GOc Our line of ladles' combination
suits at GOc IB without an exception the best
1 in the city ; silk finish , perfect fit , high nock
NORFOLK PEOPLE PROTEST
MSJBS Meeting to Denounce the Favoritism of
Governor Holccmb.
DEMAND COMMISSION FOR THEIR OWN MEN
Son of Senator Allen Taken from An-
otlier RrKliiicnt anil Made Lieuten
ant of Norfolk Co nip any IIU
Mother Aak * Him to Decline.
NORFOLK. Neb. , May 14. ( Special. )
When the news reached Norfolk that Henry
Allen , son ot Senator W. V. Allen , had been
appointed by Governor Holcomb as second
lieutenant of Company L , from Norfolk , It
created much unfavorable comment and up
roar , which culminated 'in a mass meeting
at the city hall , which was very largely
attended , last night. Henry Allen Is a mem
ber of the Allen Rifles of Madison , in the
First regiment , while Company L Is part
of the Second regiment ; therefore the ap
parent favoritism is greatly resented by
the people here , who feel that there are a
number of young men In Company L better
qualified and certainly more entitled to pro
motion In tbo regular order. During the
meeting a message was received from Mrs.
Allen of Madison stating that she was op
posed to the appointment ef her son In this
way and that she had already asked him
to resign bis commission and remain with
his own company and that she had also
wired Senator Allen to use his Influence to
the same end. Those sentiments were
heartily applauded and to give time for
this to be done the meeting adjourned until
next Monday night without passing any
resolutions.
CIIOI I'HOSI'ISCTS VKHY B1UGHT.
ItnliiK Htivc Put Small firnlu nnd
UriiNM In Fliif Condition.
IMPERIAL , Neb. , May 14. ( Special. )
Chase county Is enjoying Eome fine rains
and the crops arc looking splendid. The
small grain has never before looked so
promising and the acreage Is fully twice
what It was last year. The farmers are all
busy putting In their corn nnd arc very
much encoura'ged at tbo outlook. The grass
on the prairies Is most abundant and stock
Is doing finely. There are a number of par
ties In this county bavins cattje shipped In
nnd dally parties from the east are coming
into the county to look up locations for
ranches and places to bring cattle to Bum-
mcr. The merchants of this county report
business exceptionally good this spring.
There are a large number of people In
this county making preparations to attend
the TransmUslsslppl Exposition at Omaha
next month.
BEEMER. Neb. , May 14. ( Special. ) The
prospect for fruit of all kinds In this sec
tion was never better. The farmers are
about through corn planting. Small grain
looks remarkably well. With good crops
and good prices the farmers can all attend
the great exposition at Omaha this year , A
fine rain Is falling this morning.
WEST POINT.-Neb. . May 14. ( Special. )
A copious rain fell last night , with pros
pects of continuance during today. The
bulk ot the corn ground In this section Is
planted and If warm weather succeeds the
present downfall of rain the ground will bn
in excellent condition to germinate the seed ,
FREMONT , Neb. , May 14. ( Special. ) It
Sheets and Pillow Gases ( Continued , )
long or short sleeves , low neck , sleeveless ,
while or ecru ; you pay .elsewhere 65c ; our
price oiili' BOc suit.
Children's flue Egyptian cotton vests , silk
tapes.tl \ made , sizes 1C. IS , 20 at 16c ;
22 , 24 , 0 , nt 20c ; 23 , 30 32 nt 2Jc ; knee
pants to match.
Misses' fine white ribbed vests , low nock ,
sleeveless , crochet trimmed , all sizes , IS to
SO , only l2V4c each.
Special Agents Butterick's ' Patterns.
Juno patterns and publications now ready.
Men's ' Summer Uuderwear.
Fine quality ribbed bnlbringan shirts nnil
drawers , extra well made , drawers double
gusBetted , "fie.
Superior quality tmlbrlcgnn shirts nnd
drawers , made of pure Egyptian cotton , pa
tent seams , drawers made with double seat ,
COc.
COc.Men's flno quality drilling drnwcis with
elastic unklc , most comfoitablo and dura
ble , COc.
French balbrlggnn shirts and drawers ,
extra fine summer weight , 7.'c.
Silk and lisle ribbed shirts and drawers.
In blue and white narrow stripe , $1.00.
Men's ribbed balgrlggan union suits , pa
tent scams , well finished , $1.00.
Men's line lisle ribbed union suits , $1.50.
Men's ' Colored Shirts.
Soft shirts , with cuffs to match , made ot
percale and cheviot , to bo worn with whllo
collars , COc.
Pine quality percale shirts , In light and ,
dark colors , cull a to match , Tuc.
Monarch brand shirts , In line Scotch chev
iots and madras , with cults to match line
percale shirts with two turndown collars.
$1.00.
Star brand shirts , soft or stiff front * ,
madu of the llncst French madras , with col-
lur.s to match , or without collars , $1GO.
Men's ' Half Hose.
Hlack nnd tan stainless hose , double heels
and soles , extra serviceable , l-ic. '
Men's fancy plaid and stripe hose , plain
black nnd tan , with double Boles and heels-
black with white soles In medium and light
weight , 2Bc.
Sweaters.
Men's all wool hand made sweaters In
blue , red and tan , unusual value , $1.50.
Men's extra flno all wool hand niado
sweater. In pearl gray , green and blue , laced
front , $3.00
Boys' all wool hand made sweaters In
green , red and blue , with roll collar , $1.00.
" Boys' all wool sweaters , In blue green ,
and red , with sailor collars and laced fronts ,
$1.25.
Bicycle Leggins.
Men's all wool legglns with fancy tops ,
COc.
COc.Men's
Men's and ladles' fine nil wool blcycla
legglns , lu all colors , with fancy tops to
match sweater , $1.00.
Neckwear for Summer.
Washable string ties , made of flno quality
gingham , In neat stripes , checks and plain
colors , 3 for 25c.
Ladies' ' Neckwear.
White pique made nscotB , extra long , 2.r > e.
Made uscots In colored silks , white plqua
i and washable ascots , In all colors , COc.
has rained here steadily the greater part
ot the day and farm work is consequently
at a standstill. Small grain Is mostly up
and looking fine. Corn planting Is greatly
retarded by the rains.
DUNCAN , Neb. , May 14. ( Special. ) Two
inches of water fell hero last night , thor
oughly soaking the ground. Crops ot all
kinds are looking fine.
SCHUYLER , Neb. , Mny 14. ( Special. )
In addition to four very propitious days for
corn planting during the week there have
been two splendid showers to keep the
ground In flno condition and everything
growing , the last rain having been a heavy
Fall during this forenoon. Small grain la
In excellent condition and pastures are now
first class , having been kept back by cool
weather. Farmers are In good spirits. i
Lincoln Ixicnl Note * . '
LINCOLN , May 14. ( Special Telegram. ) '
The young people of Grace Methodist
Episcopal church will celebrate the nlntb
anniversary of the organization of the Ep-
' .vorth league tomorrow. A sunrise prayer
meeting will bo held In the morning , In the
afternoon there will bo an address to young
people and In the evening a full program ot
addresses and musical numbers.
The Lancaster County Old Settlers' asso
ciation held its annual meeting today and
elected officers for the ensuing year. John
McClay , who took part In the organization
of Lancaster county , was present and told
how It was done. C. M , Parker gave a his
tory ot the schools of Lincoln from an early
day , when ho was a member of the School
board up to the present lime.
The child study section ot the Woman's
club held Us last meeting ot the year this
afternoon at St. Paul's Methodist Episcopal
church. Mrs. Dlnsmoro read a paper on
the moral nature of children and Prof.
Luckey of the university spoke in regard
to the moral training ot children. The de
partment has been very successful this year
j and Is making preparations for oven inoro
Instructive work the coming season.
I The Pllger Creamery' company at Pllger ,
I Stanton county , has , filed articles ot Incor-
I poratlon with the secretary of state. The
I company starts out with a capital stock oC
$5,000 and Us tncorporators are J. Rotey ,
Adam Pllger , Howell Reese , J. G. Tlnncy ,
C. G. Ohman and J. K. Nicholas.
The State Reading Circle board met today ,
but no action was taken In regard to the
selection of books. Another me'etlne has )
been set for May 2C , when this matter will
bo taken up.
JoIiiiNtotrn Itnlilicm Cnuirltt.
AINSWORTH , Neb. . May 14. ( Special. ) '
The Johnstown robbers have been caught.
Of tills there can bo little doubt. At pres
ent ono of them , Arthur Johnston , Is In the
cou.ity Jail in this city and his partner la
the affair , John Duncan , Is In the hand *
of odlcert and has turned state's evidence.
On the evening of February 28 ot thlrf year ,
llio dejioL at Johnstown , this county , ' wa
robbed of some $140 In cash , two robber !
holding up the agent , D. W. Allspaugb ,
making him deliver over all money Jn his
hands. The robbery \\as committed Ju
after the westbound passenger had left.
Nelect Tt-r.eliiTH lit WttNton. "
WESTON , , Ncb , , May 14 , ( peclai.- )
school board at Its last meeting elected the
following teachers for tbo coming year :
Principal. Prof. Burwell ; grammar. ADM
Glbbs ; Intermediate , Katlo Plngado ; pri
mary , Martha Mauck. Three of the prMoat
corps of teachers , Miss Lillian Klots , lira.
Sarah Stockert and Principal Will T.
were uot applicants for re-electioa , S.
-t f
M , -
< 4 l-"VoJ-