THE OMAHA DAILY BEE : SATURDAY , JANUATtY 14 , 18 0.
Heavy Weight
At One.third to
Clothing One-half
Real Value.
With unabated vigor and Increasing Interest our great clearing sale of Men's
Heavy Weight Garments proceeds. Every "promise made by us has been carried out
to the letter. Early buyers were convinced that they saved 33 1-3 to DO per cent on
nil goods bought during this ealo. Buyers yet to come have many desirable patterns
to select from. What are left of the 10,000 pairs of men's All Wool Pants we told
you about last Monday , go on sale Saturday at 95c , $1.25 , $1.75 , $2.23 and $2.95. Many
of these pants are left from broken suits , which sold at prices ranging from $7.50
to $25.00.
Our entire stock of Overcoats and Ulsters must go regardless of cost. We make
it a point not to carry a single coat from ono season to another. $18.00 and $20.00
Overcoat * and Ulsters will bo closed out at $12.50. $15.00 Overcoats at $9.00. $12.50
Coats at $7.50. $7.50 and $10.00 Coats at $5.00. $5.00 and $6.00 Coats at $2.95 and
$3.95.
Over 25 patterns of Men's Flno Suits will bo closed out at $3.75 , $5.00 , $7.50 and
flO.OO. We tell you frankly and candidly that In spite of all florid offerings that are
made , wo do not bellevo that there has ever been such an opportunity to purchase
a etyllsh suit at so llttlo cost. Come and examine the make-up and quality of these
goods and be convinced that wo will save you 33 1-3 to 50 per cent on your purchase.
Bargain * In Hoys' Knee Pants Suits In the basement. 50c Knee Pants at 25c.
Hats and Caps
W have about 40 dozen Men's Derby and Fedora Hats , In broken sizes , taken from
our $1.50 , $2.00 and $2.50 lines. If you find your size , you can have ono for 75c.
All the broken lines of our Men's All Wool Cloth Caps that have sold as high as
J5c your choice Saturday for 25c.
)
Furnishing Bargains
Iti the Basement.
Ladles' heavy fleece lined Vests and Pants , worth 50c , at 12' c
Ladles' j > nd children's Mittens , regular 25c quality , at 6c
Ladles' Fur Boas , worth up to $2.50 , at 12c
Ladles' Fast Block and Seamless Hose , worth 12' c , at 5c
Men's Collars , slightly soiled , worth 12'/4c , at la
Men's Silk Ties , In band and shield bows , worth 12 } c , at lo
Men's Red Bandanna Handkerchiefs at 2o
Men's Red Bandanna Handkerchiefs , the regular lOc quality , at 3c
Men's Working Shirts , In dark colors , worth 50c , at 25o
Men's and Boys' Heavy Wool Mittens , worth 25c , at 5o
Men's Black and Brown Fancy Sox , worth 12V4e , at Go
Men's Underwear , slightly soiled , worth 50c , at 25o
Piano Bargains
For the purpose of making room for 1899 Pianos , that are arriving dally , we
are compelled , owing to lack of space , to place on sale a number of first-class Pianos
at from 50 to 75 per cent less than factory cost. Note prices that follow , viz :
1 Fine Upright Rosewood Case $70,00
1 Fine Upright Rosewood Case $85.00
1 Flno Upright Ebonlzcd Case $100.00
„ , 1 Fine Upright Mahogany Case $125.00
'
* .1 Fine Upright Walnut Case $135.00
1 Flno Upright Oak Case $150.00
1 Fine Upright Walnut Case $165.00
'
1 Flno Upright Mahogany Case $175.00
1 Fine Upright Oak Case $185.00
1 Fine Upright Walnut Case $195.00
Fifty other high grades Included In this sale We carry a large assortment ot
Chlckcrlng , Stelnway , Fischer , Lester , Knabc , Ivers & Pond , Emerson , Vose & ' 'Son.
Pianos tuned , moved and repaired. New Pianos for rent. Call and see our elegant
line of Piano Chairs and Stools.
COURT ORDERS THE SALE
Aweta of German Savings Bank to Go at
Auction.
DECISION IS REACHED BY JUDGE FAWCETT
Argue * from Ilcncli thnt Money in
Looking for Investment mid Now
IN n Good Time to DUpONC
of Ilfiil Eittnte.
Judge Fawcett of the district court has
ordered a sale of the assets of the German
Savings bank , the affairs of which have
been In the hands of Receiver McCaguo for
a number of years. The order was made
Thursday , and In passing upon the case
the judge fa Id :
"Perhaps the most Important matter that
I have to decide ths | morning Is tbe ap
plication on the part of the depositors for
an order on the receiver to proceed at
once to sell all of the assets of the German
Savings bank so as to get matters In shape
to proceed against the stockholders. There
has been quite an elaborate showing made
by the depositors In support of these mo
tions and a rule was entered for the bank
< o show cause , If any , why the order should
not be Issued , but no such showing has
been made , counsel for the stockholders and
the bank claiming that upon the record as
It stands the court ought not to order tbo
Rsets sold.
"As f said the other day. It does not seem
to mo as though the question of what has
happened In the past should Influence the
court In passing upon this particular ques
tion. If It lias been expensive in the past
to run this receivership , It Is something that
happens with all receiverships. In twenty-
five years' experience I never know a re
ceivership that was not expensive , but I
want to take occasion to say that I think
the receiver in this case has shown marked
ability. I believe ho has been very faithful
to his trust. I know that he has been for
the last year , during the time I have had
charge of this docket , and I think ho was
while Judge Kcysor had charge of It. t
think he has bandied the assets of this es
tate as well as any man could have handled
them , and much better than a majority of
men could have done. He had had experi
ence before as a banker and real estate man ,
and ho brought the benefit of that experi
ence , together with marked energy , Into this
work. I think ho has done It well. At any
rate , as far as I am concerned , as the one
who has to supervise his work , I am well
satisfied with the manner In which he baa
couducted It.
Ciood Time to Sell ,
"But the only question to be considered ,
I think. Is as to the advisability of selling
the assets at this time -"whether " the receiv
ership , so far as the handling of the assets
Is concerned , should not be wound up In
order that matters may bo so shaped as tc
permit proceedings to be instituted against
the stockholders for the balance remaining
flue to the depositor * after the assets ol
Iho bank are exhausted. It Is contended
that midwinter is not a good time to sell
rc l estate. The bulk of tha assets of the
bank consists of real estate , there IB very
llttlo personal property. Of course there
BROWN'
Rclltv * HoanencM Immediately.
'I recommend their use to public speak-
i. " Rsy. a IL CiuriK , Now York.
Tb Oenalne hu the
enemy
B n tuT.of box.
are some notes , mortgages and assets of that
character , but the bulk of the valuable as
sets consist of real estate , some thirty or
forty pieces , Is It not , Mr. McCague ? "
Mr. McCague Just about. There are
about 100 , Including the pieces that we ob
tain title to by tax title.
The Court About $150,000 worth In nom
inal value ?
Mr. McCague Yes , sir.
The Court They say to sell that at this
time would necessarily mean to sacrifice It.
Counsel for the depositors say that there
was never a moro opportune time to sell
property of this kind than now ; that there
Is an accumulation of money In the city ;
that people are seeking Investments , and
that there 'could not be a moro opportune
time to sell the assets than at present.
When I started In on the hearing last
Wednesday morning my mind was decidedly
In favor of the view taken by counsel for
the stockholders , that this would not bo an
opportune time to sell these assets , but I
liavo done something In this case that I do
not do in a law suit.
Money IN Eniiy Now.
"I feel that so far as this bank is con
cerned I occupy the relation somewhat ot
general business manager of this estate ,
that It Is not only my duty to see that the
receiver complies with the law , but also to
see , so far as the court can gain knowledge
upon that subject , that ho exercises good
business judgment In administering Its af
fairs. I took occasion yesterday to go around
and make Inquiry of men who are well In
formed , and In so doing I kept clear of de
positors and stockhofdcrs In this bank , and
I have reached the conclusion , not only Irora
the arguments made , but also from the In
vestigation I have made , that the position
taken by counsel for the depositors Is prob
ably sound.
"My Investigation disclosed the fact that
there has never been a time since Omaha
has been a city when there was as much
absolutely loose money In the city as there
Is today , money seeking Investment , and I
find that investments are being made. Just
In the llttlo Investigation that I made I came
across two Instances of speculative dealing
in real estate , ono where a man bought a
piece ot property and sofd It within thirty
days at an advance ot $1,000 , and another
where a man bought a piece of property for
about $600 and sold It In a week for $1,500.
Men that I talked to say that Inquiries are
being made , and that Invest
ments are being made and that
| there Is plenty of money , and they
seem to think that within the next four or
| five months this money will have found
some avenue for Investment , that It will not
remain as It Is now , and an absolutely loose
condition , anxious to have something done
with It.
It.Will
Will Sec thnt Jimtlcc ! Done.
"There Is another thing that was not
touched upon by counsel for either side ,
which occurs to me , a knowledge which 1
have gained from my association with the
receiver , and that Is that 'If this matter
Is continued for three or four months 1
question whether the receiver could sell
any real estate. It has gone abroad thai
thrao assets are to ho sold In the near
future at auction. The receiver has been
selling property along from time to time
and has been making fairly good sales , but
slnco this application has been made for
an order requiring him to sell the property
the sales have dropped off , and sales that
he had about rounded up and expected to
close within a few days , and would have
done PO but for this application have
fallen through. They say to him that this
property te going to be sold at auction be
fore long and they can afford to wait , and
I question whether tbo receiver could sell
a piece of real estate at private sale.
"Then there Is another fact , that If the
assets are sold In the near future the simple
fact that they are hidden In does not con-
Rtltnta sale , because , behind the receiver
| J JLlfftEll' ' Remember the Basement
Bargain Counter.
Never such bargains in Omaha before. Every department has loaded the basement bar
gain counters with goods , at a more fraction of their value. Be on hand Saturday. New
bargains every hour.
The great January clearing sales are in full blast all through the house. A saving of
one third to one half on all winter goods.
*
Agents for the Butterick Patterns ,
Grand Bargain Sale in
Basement.
Notions lc-
Pins , Box Hair Pins , Aluminum Thimbles ,
48 yards Silk Floss , Darning Cotton , MarkIng -
Ing Cotton , 200 yards perfect Machine
Thread , etc. , your choice for lc.
Notions 3c-
Linen Threads , full 200 yards ; Horn
Dressing Combs , Heavy Elastic , Hose Sup
porters , Hair Netts , Tooth Brushes , six
Bunches Tape , Needle Books containing 4
pkgs. Needles , 14 Darning Needles , 5 Hat
and Veil Pins and 80 Pins , etc. , your choice
3c. Velveteen Dress Binding , 3c a yard.
Laces lc , 3c and 5c a yard.
Embroideries 2c , 3c and 60 & yard.
Dress Trimming lc , 2c and 5c a yard.
Special Sale
On Double Thick French Plated Hand Mir
rors , regular prices 25c and 35c , on sale ,
only 9c each.
Flannel Dept.
5,000 yards Teazle Down nt lOc yard.
Roman Fleeced Flannel and Flannelette at
lOo yard.
Outing Flannel , complete assortment of
checks and stripes , In both light and dark
colors at , yard , 5c and 8c.
n. > pieces of Sllkollne , 36 Inches wide , at ,
yard , 8c.
'Full line of Cretonne , lOc and 12c.
12V4c Canton Flannel at , yard , 6Hc.
Complete line of Art Ticking at , yard , ISc ,
20c and 25c.
Hams ! Hams !
One carload just received to choose from
No 1 hams , sugar cured , TAc.
No. 1 California hams , Gc.
No. 1 Cottage hams , boneless , 8Vic.
New England boiled bam , lOc.
Select Br. Bacon , sugar cured , lOc.
Fresh pork sausage , 7V4o.
Pickled pork , fte.
Bologna sausage , Be.
3-lb. cans best ford , 19c ; limited.
Pickled pig feet , 4c.
Fresh dressed chickens on sale Saturday.
Furniture.
fc l m l f"a m .
; fly = " = T - >
- J s a
Chiffoniers nt factory cost. You are now
placed on the same footing as all retail
Furniture dealers and can purchase a
Chiffonier at the same price they pay for
such goods. You can verify this statement.
You can use a Chiffonier In the Bedroom
for Clothes , or In the oince for papers ,
blanks , etc. These Chiffoniers are all Oak ,
polish finish , have five drawers and two of
the styles have French bevel plate mirrors.
Four styles of Chiffoniers at $4.50 , $4.S5 ,
$5.00 and $5.50.
If you need anything of this kind and
can ralso the cash you will save from $3.00
to $4.00 on any of these. Wo are still sellIng -
Ing a lot of flno oak chairs , odds and ends ,
from ono to six of a kind , nt 65c , 75c , S5c ,
95c and $1.00 each.
Curtains.
Grand special sale of all kinds of draper
ies.
ies.3Vi
3Vi yards lace curtains , 54-ln wide , 75
pairs left , at $1.00 pair.
314 yards lace curtains , 60 In. wldo , very
flno net , 85 pairs left , at $1.25 pair.
3' yards lace curtains , 60 In. wldo , an
extra fine article , 125 pairs on sale at $1.50.
Sllkollne. any quantity you want , nt 5c
yard.
Flno curtain scrims at 5c yard.
36-ln. Curtain Swiss , 8c.
Special prices on all portieres.
Hardware Stoves and
,
Housefurnishing Dept.
Special Saturday Sale
Watch 'cm. Watch 'em. They pay.
No. 8 extra heavy all copper Boiler , $1.49.
' Largo tin water palls , 9c.
Nickel plated No. 8 tea kettle , 49o.
10-quart granlto dlshpan , 29c.
3-quart granite coffee pot , 27c.
Large granlto wash basins , 9c.
CO-pound flour cans , nicely decorated , 49c.
10-quart Japanned chamber palls , IGc.
Folding luncb boxes , lie.
Nickel plated cuspidors , 15c.
Seeournew 5c counter
On It you will find Dover egg beaters ,
2-quart covered palls , coffee pots , double
mincing knives , japanned cuspidors , largo
scrub brushes and hundreds of other things ,
all worth lOc and over. Coino and look It
over. '
Stoves Stoves.
We are bound to sell the few heating
stoves -wo have on hand and will make
prices that will surprise you. Come If you
need anything In the stove line. Heating
stoves from $2.75 up.
Groceries.
Eggs Are Down.
Strictly fresh new-laid eggs , 17'c. . Wo
guarantee them to be strictly fresh.
Butter is Down.
Buy country butter now , we have more
than 4,000 pounds to choose from. Rolls or
prints , 12' c.
Coffees Are Down.
Santos coffee , fresh roasted , pound lOc.
Genuine ord govt. Java and M. , Ib. 25c.
Fancy high patent flour , per sack , 9Sc. 3-lb.
cans tomatoes , 5c. 3-lb. cans baked beans ,
only 6c. lOc pkg. Schcpp's cocoanut , only
Cc. 10 bars amonla soap. 25c. 3 bars castllo
soap , toilet , 5c. Tomato catsup , large bottle ,
IViC. Cold water starch , worth lOc , 5c. Tall
cans blood red salmon , lOc. 3-lb. cans golden
den pumpkin , 5c. 22 pounds C sugar for
$1.00.
Remember the basement bargain counter.
HAY B
and behind the bidder , sits the court to pass
upon those bids and say whether such sale
should be confirmed or not. There Is that
protection remaining. I think If we were to
start In to sell these assets now It would
probably be a number of months , by the
most expeditious work that could bo done ,
Before all of the assets would be exhausted
and matters placed In such shape that suits
could be commenced against the stockhold
ers. I do not wish to Intimate by this that
the court Is going to be either 'bull1 or 'bear'
on the market , but when It comes to con
firmation of these sales the court will try to
use common sense In passing upon those
bids and will try to do justice between the
parties.
"Without expatiating at any greater lengthen
on this question , I will say that I have
reached the conclusion that I will order
the receiver to at once prepare an itemized
statement of the properties that he holds ,
that he make a list of them and ascertain
all lions upon them and have that list In
his office for the Inspection of prospective
purchasers , and that ho advertise the sale
thirty days , the sale to begin on March 1
and continue from day to day until all of
the assota are disposed of. "
BAXTER FILES SOME AFFIDAVITS.
Shovr * tliat in HIM Court Tlierc Wnn
No Delay in Drexel Cane.
Affidavits wore filed by County Judge
Baxter , Clerk Charles E. Winter of the
county court and Winter's assistants , in the
matter of the appeal of the Drexel heirs
from Judge Baxter's decision in favor of the
Reeds , involving $280,000 worth of notes
given by Horatio Fowkes of Now York , as
the Drexel representative , In the purchase
of sixty-six acres of Nicholas street property
for the Omaha Bridge and Terminal com
pany. '
(
When the application for removal to the
federal court was made by J. M. Woolworth ,
acting In behalf of the Drexel heirs , one of
the points made by W. D. Beckett , attorney
for the Reeds , was that the appeal Itself had
no standing In court , because It had not been
filed until four days after the statutory
time , forty .lays , from the rendering of
Judge Baxter's decision. On the other hand ,
Mr. Woolworth , supported by an affidavit
from one of his clerks , contended that the
delay had been through no fault of the ap
pellants , but had been caused by the tardi
ness of the county judge and his clerks.
The affidavits filed by the latter are to the
effect that everything asked by the appel
lants to bo done had been attended to In
the most expeditious manner.
These affidavits will be made u e of by
the appellees when they object to th court's
jurisdiction , which they say they will do
when the appeal comes up to bo heard upon
Its merits.
RAISES POINT ON CITY WARRANTS.
Jndirment Cannot He Secured to Op
erate Agnlnut the City Oeiiernlly.
A decision was rendered by Judge Dickin
son that will affect the stability of a large
number of city warrants on special funds.
William K. Potter , as receiver of the
Nebraska Savings and Exchange bank , had
sued the city to recover on a warrant for
$285.75 , allegad to have been Issued De
cember 28 , 1S91 , to Benjamin Barker , for
the condemnation of property for the openIng -
Ing of Canton street from Thirteenth to
Fourteenth streets , and which warrant bad
come Into the possession of the bank by
mesno conveyance. In Its answer the city
set up two points , first , that Barker had
come by the warrant In an irregular man
ner , not being the owner of the properly
at tbo time , and , second , that tbo warrant
was simply an order on a special fund and
not a general obligation of the city.
The case was an appeal from the county
court. No defense bad been made by the
'city ' In the lower court , as It was then said
there were several Important legal proposi
tion * which It wn riaatrous of having the
district court pass upon and there wag no
need of going over the same groundtwice. .
Under the circumstances the bank was al
lowed a judgment so that the city could
appeal and raise the questions Intended.
On behalf of the city it was shown that
J. K. Saunders had become the owner of
the property condemned at the time the
street was opened , although some warrant
bad been Issued to Barker the month pre
vious. As to how Barker had como Into
possession of the warrant , however , was
a minor point. Judge Dickinson held that
ho had been tbo rightful owner. The main
point was as to whether the plaintiff could
get a general judgment a&ntnst tbe city on
a special warrant.
Several decisions were quoted by Judge
Dickinson In delivering his opinion and par
allel cases were found In suits against the
cities of New Orleans and San Francisco.
The court held that the warrant showed
on Its face that it had been drawn upon a
special fund and bad been received with
that understanding ; that , therefore , tbo
plaintiff could not go Into court and get a
judgment which would operate against the
city generally , because tbo logical effect of
that would be to transform a special warrant
Into a general warrant. He accordingly re
versed the judgment of the lower court and
decided for the defendant.
SUE SOON TIKES OF HER HOME.
Drcnth Allege * a DencrHon Ten. Dnyn
Sulmeiiiieiit to Mnrrlnife.
In the Dreuth divorce case , both husband
and wife are asking for the matrimonial
bonds to be sundered. They were married
hero September 29 , 1897. Dreuth was em
ployed by a South Omaha lumber company.
Ho states In his complaint that shortly after
his marriage he furnished a comfortable
cottage In Soutli Omaha , but about ten days
afterward he went home from his work to
discover that his wlfo had left him. Then ,
according to his story , he found her at the
Cambridge hotel , Thirteenth street and Cap
itol avenue , and she refused to go back and
live with him. He made several Insinua
tions reflecting upon his wife's character
in bis petition. Tbe ground be set up was
exterme cruelty.
Mrs. Dreuth has filed an answer and cross-
complaint , asking for a divorce on the same
ground , charging the husband with having
assaulted her two months after their wcd-
I ding and also with having written letters
to her parents , derogatory of her character.
In her prayer for alimony she said he re
ceives $65 per month salary.
Judge Fawcett' * alimony order directs
Dreuth lo pay to his wife $25 suit money
and $5 per week pending the determination
of the case. Last Friday Dreuth testified
that ho received as his pay for November
last $10 , and for December only $33 ; that
It cost him $20 per month to live and It Is
necessary for him to send the balance to
his mother to help support her. An ad
mission was forced from him that he did
not send any money away. His wife says
ho received over $100 for the two months
mentioned.
IN SUIU'OIIT OF ANOTHER TRIAL.
AflldnvlU Filed In Cimc of Kirn Doty
AK"ln t the City.
After Ezra Doty secured a verdict of $1,000
against the city for personal Injuries , caused
by running Into a water barrel on Sherman
avenue at Sherwood avenue , when alightIng -
Ing from a street car at the time the street
was being paved , City Attorney Conncll ob
tained affidavits from Jeremiah T. Jefferson
and Char lea E. Ring , two of the jurors. In
which they asserted that the verdict had
been Influenced by the talk of another juror ,
Elmer E. Woodcock. Jefferson and Ring
charged that Woodcock roundly abused the
reputation of Hugh Murphy , tbe paving con
tractor , and prevailed upon the other jurors
with an argument to tbe effect that any
verdict would come out of Murphy and not
the city. There was also an affidavit from
Mr. Murphy , In wblcb he stated that he bad
been misled by I. J. Dunn , the plaintiff's
attorney , as to the time the case would
bo tried.
In contradiction of all this , Dunn filed an
affidavit yesterday from Charles Ross , the
foreman , Woodcock and another Juror , Fran
cis Dodson. They admit that at first a ma
jority of the Jury was In favor of the city ,
but deny that Woodcock Indulged In the
talk attributed to him by Ring and Jeffer
son. They say their verdict was Influenced
by the court's Instructions making the city
responsible for the negligence of Hugh Mur
phy , ho being virtually an agent of : ho
city. Mr. Dunn also filed ono for himself.
In which ho said ho answered Murphy's
letter , addressing It to him In this city.
It happened that Mr. Murphy had gone to
Denver about the time of the trial. Dunn
says ho was agreeable to any reasonable
postponement , but that City Attorney Connell -
nell was anxious to go onwith the caso.
Murphy has represented that the Jury
was packed with some enemies and that If
he had been rightly Informed as to when
the trial was to have taken place ho would
have been present to testify for the city.
A motion for a now trial Is pending.
CITV ASSESSMENT HELD INVALID.
Judife FaiTcctt I'IINHCN Upon the South
Omaha Tiix Cane.
"I am certainly going to take nn appeal
to the supreme court In this South Omaha
tax case , " said V. 0. Strlcklcr. "Tho de
cision of Judge Fawcett Is ono of the most
far-reaching of any yet delivered from
the district bench. It practically wipes out
all of South Omaha's taxes for the eight
years from 1SSS to 1895 , Inclusive. It means
that the city will have to go before the
legislature while It is now in session and
get some relief ; that is , presuming that
Judge Fawcett's decision will stand on ap
peal. It can get a bill through validating
nil the taxes for the years In question. "
The case alluded to by Mr , Strlckler was
one of three brought by Henry Whelen , a
Philadelphia banker , who with four other
wealthy men , were made the trustees of the
old Reliance Trust company of Dea Molnes ,
against Edward Cassldy and others of
South Omaha to foreclose certain tax Hens.
The _ Reliance company had Invested on a
largo number of tax certificates. The de
fense raised an objection to tbo taxes on
the ground that the assessment had been
irreg'ular. It was represented that the taxes
had _ been levied on assessments made by a
so-called city assessor and that the law re
quired In all countlea not under township
organization the assessments to be made by
precinct assessors. Judge Fawcett said that
I the "city assessor" did not exist under the
law and his assessments were therefore void.
In 1SS7 the city of South Omaha was as
sessed by the assessor of Douglas precluct ,
but In the following year under the new or-
ganlzatlon a city assessor was elected , sup
posedly the same as n .precinct assessor.
| This plan continued until 1890 , when for
the first time assessors were elected for
each of the four wards. The position of
Judge Fawcett Is that a ward Is practically
a precinct.
. Wbelen and his associates had three cases
against Cassldy to recover on certificates
aggregating between $3,000 and $4,000.
There is Mid to bo fully $100,000 If nut
more of tax certificates affected by tbe de
cision. It Invalidates all the levies for the
eight years and any taxes not yet collected
on those levies cannot be recovered. It also
Invalidates all tax sales based upon delin
quencies under those levies. A large num-
ler of coses of this character have been
pending.
Mr. Strlcklcr says ho will go before the
supreme court with the contention that the
assessor was practically a precinct assessor.
rollllnii to Cn n ilt > in H Property.
An application has been filed by Ralph
Breckenrlgo for the condemnation of prop
erty In block 6 for a right of way for the
Omaha Bridge and Terminal company , ThU
The Greatest and Grandest
Clearing Sale Ever in Omaha.
Now going on in our cloak depart
ment .Kvory garment must bo sold no
matter what the loss.
Choice of any cloak in the house for
$7.50. This includes all our line sam
ple jackets in all the new shades goods
that sold as high as $30 , for § 7.50.
At 85.98 we are selling jackets worth
$15 , in blues , tans , browns and blacks ,
enlin lined throughout. A grand col
lection.
At § 3.98 wo will sell kerseys in modes ,
kerseys hi blues , kerseys in blacks , bou-
clos , caterpillars , friezes , nearly all silk
lined.
Our $1.08 line Includes all our beavers and meltons , half silk lined.
At 70o we will sclt 23 dozen ladles'Skirts , flannel lined throughout goods that are
eold as high as $2.25 and $2.60.
All our misses and children's Jackets in 'throo ' lots at $1.98 , $2.98 and $3.98.
Ladles' Fur Collarettes at $4.08 that Bold at $7.00 and JS.OO.
Ladles' plush Cnpcs , $1.60. Ladles plush Capes , 30 Inches long , Bill : lined through
out , $10.00 quality , at $4.08.
200 ladles' Bilk Waists , worth $6.00 , for $3.98.
75 Bilk Waists In all the now shades , worth $5.00 , nt $2.98.
Ladles' fleeced lined Wrappers , In dark colors , extra wldo at 69c.
40 dozen ladles' Wrappers , worth $2.25 for 9Sc.
Closing out millinery at half price.
Saturday's Special
Silk Sale.
200 pieces fancy silk , all kinds , all colors ,
worth $1.00 , $1.25 , $1.60 , ealo prlco 49c.
150 pieces 19-Inch Taffetas , In both plain ,
and changeable , excellent quality , on sale nt
69c.
69c.Black Taffeta on sale , 27 Inches wide ,
Saturday 89c.
COO pieces finest grade Japanese silk In
creams , black and all colors , on sale at 39c.
Black Taffetas , warranted to wear , the
famous Antus Guluet French make , only at
Hayden'a.
Haydcn's Is the only store showing wldo
Wlnslow Taffetas. The best silk on earth ,
and the prlco Is only $1.00.
Basement Silk Dept.
CROWDED WITH BAROAINS.
50 pieces changeable silk , all colors , 17V&C.
Striped checks , all silk , light shades , 19e.
500 pieces India , Japanese and China silk
In remnants from 5 yards to 20 yards , all
colors , worth 50c and 75e , on sale at 29c.
Velvets In remnants , all colors , nil
lengths , worth $1.00 and $1.50 , on sale at 49o.
And thousands of other bargains. Sale
commences promptly at 8 o'clock.
Big Sheet Music Sale
Tomorrow we will place on sale pome of
the most popular selections wo have ever
had at 15c nor copy such well known hits
as "Down In Poverty Row , " "Mother Was
a Lady , " "I Loved Her First , " "When
Sweethearts' Vows Are Broken , " "Miss
" " " "I Want
Phocbo Johnson. "Crappy Dan ,
Dem Presents Back , " "My Gal is a High
Born Lady , " "Mammy's Coon Bettah Keep
Dem Chickens Home , " "Take Good Care
of My Little Ono , " "A Hero All for Love , "
"Elslo from Chelsea , " "Only Memory's Pic
tures , " by Prltzkow , composer of "Tako
" "Transmlsslsslppl Two
Back Your Gpld ;
Step , " "Omaha Elks' Two Step , " "German
Quartette March , " "Omaha Turner Wheel
Club" and a hundred other selections , only
16e per copy.
property Is now occupied by the C. N. Dlotz
Lumber company. The block Is bounded by
Twelfth , Thirteenth , Webster and California
streets. Six out of the eight lots are men
tioned In the petition. The two lots on
Thirteenth street are not Included. George
Warren Smith and James O'Rourke are the
owners. Right of way through lot 1 , block
38 , at the corner of Cass and Eleventh
streets , Is also asked. Mrs. Mary OHIo
Hayes la the owner.
STIPULATION STANDS AS A RECORD.
Shield * Attempt * lo Ovcrtnrn AKree-
ineiit Entered Into uy nnldrlge.
The day before the new county attorney ,
George W. Shields , came Into office , Janu
ary 4. Carl Herring , acting as deputy for
the retiring county attorney , Mr. Baldrlgo ,
joined with the attorney for Frank E.
Moorcs in a stipulation for the submission
to the court for decision all the claims
of Mr. Moorcs against the county upon the
pleadings. Altogether there ore. sixteen of
thcso cases and they aggregate $16,000
worth of claims for services performed by
Mr. Moorcs as clerk of the district court.
The stipulation was in a test case.
Mr. Shields went before Judge Dickinson
and asked for the withdrawal of the stipu
lation from the records , stating that ho
was not familiar with tbo matter and de
sired time to look Into It. The court re
fused to allow the withdrawal of the stipu
lation Itself , but allowed the submission of
the matter to be withdrawn. This leaves
the case where It was prior to January 4 ,
but with the stipulation standing as one of
the records.
At the time Messrs. Herring and Morrow
agreed to submit Judge Dickinson said ho
would not go to the trouble of going through
all the records of the clerk of the district
court to ascertain whether the claims were
supported by evidence of that character.
Mr. Baldrlge's deputy said there was no dis
pute as to the services rendered It was
simply a question of law that was contro
verted. Accordingly a demurrer was at the
time formally overruled and the county was
given leave to answer Instnntcr and the
plaintiff to reply likewise , and In that shape
the matter was then submitted.
Actor * Nut Common I.iilinrcr * .
That actors , singers and musicians are
not "common laborers"within the meaning
of the Nebraska statute according to a
supreme court decision of tills state was
Iterated by Judge Dickinson In overruling
a demurrer of the defendant In the suit of
the "Calhoun Trio" against Mlna Wlrth for
$1,025 for breach of contract and damages.
Vincent B. , Alfred F. and Mabel C. Cal
houn wore engaged by the Wlrths In March
last to sing at the resort of the defendant
for five months beginning Juno 1. They
say their contract was suddenly terminated
at the end of July. Their board was stopped
and they wcro barred out of the place.
They allege thit Frederick Wlrth assaulted
ono of them and state other grounds of
complaint. The Wlrths In their demurrer
set up the objection that the contract called
for Sunday labor and was therefore con
trary to public policy and sound morals.
Judge Dickinson held that actors , singers
and musicians and that class of labor can
not be considered "common labor" under
the law and the demurrer could not hold
In tbolr caso.
LrnvcN from the * Docket.
The hearing of the Scott Injunction case
against the Omaha Bridge and Terminal
company has been sot for Tuesday before
Judge Fawcett.
Anthony George Karplebek has asked ( he
courts for permission to change his name.
He says It Is hard to pronounce , difficult to
remember and may bo a handicap to him In
business. Judge Fawcett gave him thirty
days In which to glvo public notice of his
application ,
The demurrers of the defendant have l > sen
overruled In the case of the Hamilton Na
tional bank against tbo defunct American
The Leading
Dress Goods
House in the West.
Still bearing down on prices. Winter
goods reduced each day until all are gono.
A few crepons left at 9Sc , $1.45. $1.95.
Extra heavy novelties sold at $1.25 , only
75c. All novelties that sold nt C9c , 75c ,
will go at 39c. Al novelties up to $1.00 ,
will go at 49c. Plaids that sold for 39c ,
only 2oc. All wool dress goods that sold
for 39c , will go for 19c.
Basement Sale of
Dress Goods.
Worsted novelties that sold for 29o on
sale In the basement at lOc.
English cnshmcres that sold for 25o and
30o will go for only lOc.
All wool flannel dress goods that sold
for 33c will go at 15c.
Wash Goods Bargains
In Basement ,
You will find real value greater than the
prices.
30 YD. for Plaid Dress Goods 30 YD.
Standard apron check gingham , ( blue and
white ) 3o yard.
Dress ginghams , worth 12 < o , good styles ,
Go yard.
Percales , (1 ( yard wldo ) , dark colors ,
worth 12'/ic , 6c yard.
Dark dress prints , ( the very best grade ) ,
S'/io yard.
Sllkollnes , full yard wide , worth 124c. !
5o yard.
10-yard pattern of cotton novelty dress
goods , COc each.
These patterns are nil 2-loncd fancy de
signs and worth exactly $1.25 each.
Loan and Trust company. In this suit It U
sought to make the stockholders liable for
the trust company's Indebtedness. Moro di
rectly the suit alms to fasten a. claim of
about $7,000 onto a Now England estate , tha
deceased having been ono of the heaviest
stockholders.
A second tax case was decided by Judg
Fawcott yesterday. This was the suit ol
W. G. Ure against Joseph R. Clarkson to re
cover oti a special tax levied for various Im
provements , sewers and sidewalks on Tblrty-
flrst street , from Woolworth avenue to
LcfflvcnwoFth street. The court held thnt the
taxes wcro invalid because of certain Irreg
ularities.
All the evidence , has been submitted in
the Cummins contempt case against Messrs.
Wattles , Reed and Wndley , Commandant
Llewellyn and several employes of the ex
position. Judge Scott said ho will glvo hla
decision thin morning. Edsou Rich mild the
case really turned upon the Interpretation ,
of the contract between the exposition and
Mr. Cummins. Judge Scott Intimated that
.there did not seem to bo any cane against
Messrs. Wattles and Rccd. The others maybe
bo fined.
Judge Fawcott refused a permanent In
junction to Shelly & Rogers of South Omaha
against the South Omaha Ltvo Stock ex
change. They had asked for ono to prevent -
vent the exchange from proceeding any fur
ther In a controversy between the petition
ers and another firm over a purchase ol
some fifty hogs. They denied that ono of their
employes guaranteed ; the payment. Tha
court considered the matter altogether a
private ono and not subject to Judlcal In
terference.
Divorce suIU have been filed by Kitty Gll-
moro against Charles H. Qllmorc , Cora Huff
against Daniel Huff and Henry A. Scaboli ]
against Clara M. Seabold. In the first non-
eupport Is the ground alleged ; In the second
end , dcttcrtlon , and In the 'third ' , Infidelity.
The Gllmortu were married In Council LI luff *
on October 1. 1888 : the Huffs In Nebraska
City on April 12 , 1886. and the Seabolds In
Clarion , Pa. , January 22 , 18S5. Seabold asks
for the custody of his four children. In the
Rlcck divorce case Judge Fawcett made nn
order yesterday allowing the wlfo $50 a
month temporary alimony and $100 for suit
money.
John Boesen has won his mandamus cano
against the Flro and Pollco commission to
compel It to furnish a transcript of the evi
dence In his protests against sixteen licenses
hoiiig Issued to certain saloon men Bald to.
bo merely the agents of th6 Omaha Brewing
association. This matter was decided by
Judge Dickinson. In Booscii's Ixihalf It hail
been argued that section 4 of the liquor law
required all evidence In such protests to bo
reduced to writing by the commlsBlon. The
court ordered a peremptory writ of man
damus , as asked. Bocsun's next step will hate
to take a formal appeal to the district court
from the action of the Flro and Police com
mission.
Having succeeded In getting Daniel Buck-
ovls released on habeas corpus proceedings
for the reuKon that under the law Judge
Slabaugh holda that an ordinary policeman
in not a deputy of the chief of pollco and
It la nocccsary to nave all misdemeanor
warrants served by the chief or one of his
deputies. Louis Bcrka filed a second petition
for a writ yesterday , this time In behalf of
Joseph Nachtnabel. Nachtnabcl and his
brother wuro arrctited with Buckovls on the
charge of assaulting Policeman Jorgrnsoa
at Sixth and Pacific streets on December 12.
Judge Slabaugh issued the writ and made
It returnable this morning.
OIKWciU More fur Trxlliiiony.
WASHINGTON , Jon. 13. The War In
vestigating commission will probably close
the taking of testimony , save that of Sur
geon Daly , who Is III , by tlm latter part of
next' week , and Its report Is expected to bo
finished by the last of this month or carl/
In February.
ITHAT DULL FEELING
after eating relieved by
| Hereford's Acid Phosphite
Take no Substitute.