Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (March 25, 1902)
SOW READY FOR TESTIMONY
Lawyers' Lens-Distance Talking Match in
Tax Case Closes.
WEBSTER FIRES FINAL ORATORICAL GUN
Referee ftyaa Will Rave Deelee laea
Llsalt at Evlaeaee aad Prank
Marshy May Ba First
ROYAL Baking Powder is indispen
sable to the preparation of the finest
cake, hot-breads, rolls and muffins.
Housekeepers are sometimes importuned to buy
other powders because they are "cheap."
Housekeepers should stop and think. If such
powders are lower priced, are they not inferior?
Is it economy to spoil your digestion to save
a few pennies?
The " Royal Baker and Pastry Cook con
taining over 800 tnot practical and valuable
cooking receipts free to every patron.
Send potUl card with your full address.
Alum U used in some baking powders
and ia most of the to-called phosphate pow
ders, because it is cheap, and makes a
cheaper powder. But alum is a corros
ive poison which, taken in food, acts injuri
ously upon the stomach, liver and kidneys.
ROYAL SAKINd POWDER CO., 100 WILLIAM ST., NW YORK.'
AFFAIRS AT SOUTH OMAHA
lajrablioane Mors Confident Than Em of
BUSHWHACKING OPPOSITION UNMASKED
Caaeldaer of Carley aa gloaae la
Dlaroaated by Vetera Owls ta
Caaettloas later Which
Thar Are Raaalaaj.
Republicans generally are coming to the
front this weak ana are doing all they can
to elaet the entire ticket. Koutsky ap
pears to be gaining In public favor every
day while his opponents era evidently losing
ground. Carley. republican petition can
didate for mayor Is. It Is asserted being
used aa a tool by certain disgruntled poli
ticians and wagers are being made on the
Streets now that he will not get 100 votes
la the entire city. As for Salmon the
socialist candidate, he has no hopes of
winning and aaya so. At the election last
fall the socialists cast 23S votes. Next
comes Moan's, with his back tax record and
hie) play that he la running for mayor In
order to reform the entire city. Regarding
the. candidacy of Bloane a democrat who has
been Is polities In 8outb Omaha for twelve
years said: "Bloane will not get tbe vote
he la looking tor. In fact he and Carley
will most likely be a tie for the last place.
Whyt Because a man wbo cannot make
a auecesa of his own business Is not con.
stdered by the people competent to look
after the Interests of a city of this size,
especially when so many matters pertain
ing to the finances of the elty are constantly
coming up. Then again If Sloane has the
Interests of the city at heart, why doesn't
he pay his taxes like other people and not
let them accumulate for years T"
All of the republican candidates are
working hard. This will be a busy week
and the headquarters In the Murphy block
are Oiled with those interested In the cam
paign from early morning until i late at
nlgbt. Republican rallies at which all ot
the candidates are expected to show them
selves have been arranged for every even
ing this week. Last night there waa a well
attended meeting at Thirty-third and t
streets. Tonight the candidates will be
give a rest, aa no meetings have been
hooked. On Wedneaday night a rally will
be held at Twenty-seventh and T streets.
Thursday night at Twentieth and L streets.
Friday night at the troop armory, and at
Twenty-eighth and R atreeta. These rallies
Friday night will be attended by not only
the candldatea, but by a number of Omaha
speakers who have been Invited down. A
meeting for next Sunday has been arranged
for Thirty-third and K streets. Monday
night, tbe day before election comes the
lest rally. Two meetings will be held, one
at Twentieth and Q streets and the other
at the troop armory.
Sample ballots were Issued yesterday
afternoon and then trouble for the city
THE STRENUOUS LIFE
A Great Strata.
No one disputes the fact that we are liv
ing In a "rapid" age; It Is rush. rush, rush
from morning until night, and competition
la so fierce that the struggle does not cesss
until ths machine ia worn out. Women,
to, aTan when surrounded by every com
fort, become Infected by the common spirit,
aad what with tbelr clubs and many social
duties, have no time to give thought to
their physical wall-being, until they are
suddenly brought to a sharp realisation of
tbe tart that nothing In their lives Is so
Import sot as attention to correct, or ra
tional living. It may surprise the readera
to learn that women are more prone to plica
than men, and In most cases, because It 'a
difficult to Impress upon them the Import
ance of regular movements of tbe bowels;
Irregularity means straining at stool, snj
straining means piles, with ths certainty
(under the usual methods ef treatment)
that tea aufferer will "have them always
with her;'" by "usual methods" la meant
tbe application of salvee and lotions, or (as
a last resort) a surgical operation. It there
la a complaint which entails more distress
aad suffering upon those afflicted, than
piles, or hemorrhoids. It Is not known to
the writer; fortuaately, however, these era
learning that there la a remedy that effec
tually curea all forms of plies; It Is koowa
aa the Pyramid Pile Cure, la In suppository
form, la applied directly to the parte, aol
does tts work quickly aad painlessly; It Is
sold by druggists for fifty cents a package,
or will be mailed by tbe makers at any
aadrvea. upon receipt of price. Mrs. John
H. Caatona. tM Arch St., Chicago, says:
"I Brest write you that I was cured of a
...nutim uu af Itrhlna and bleed
ing pllee by tbe uae ef the great remedy
Pyramid Pile cure, even arier several
payalcjaes had claimed there was no cure
except by aa operation. I am well now.
aad owe all to thia valuable remedy. I
..miik for It. Write the Pyra
mid. Drug Co., Marshall. Mich., for their
UlVle hook o the cause and cure ot puce.
clerk commenced. It appeers that the clerk
placed tbe democratic candidates at the
bead of each list of officers to be voted for.
The republlcsns think that as the republi
cans are In power their candidates should
come first. Clerk Shrlgley said: "I placed
the democratic candidates first for the rea
son that the party cast the largest vote
In 8outh Omaha at the last local election.
I think I am doing what Is right It I am
not It Is for tbe courts to advise me."
Attorney Murdock and other republican
candidates threaten to secure an order ot
the court changing tbe sample ballots. They
sssert thst the largest vote case should go
aa a ststo vote and not by a previous local
Bess Bide Opened.
At the meeting of the city council last
night a number of bond buyers were pres
ent, the occasion being the opening of bids
for the renewal bonds of $140,000. When
the call came for the bids City Clerk Shrlg
ley handed down four sealed envelope, but
he made tbe statement that the bid of Mr.
Thomas J. O'Nell bed been filed at hta office
after the time for closing bids. Than oc
curred a discussion. It wss sgreed, how
ever, by tbe council that aa Mr. O'Nell had
taken such a prominent part In the Tax
payers' league movement and had remon
strated against the renewal lesue, thst his
bid be opend with the rest. This brought
a protest from the other bidders. Mr. Bar
nett of Bpltier Co. said that he wanted a
chance to bid again, and P. O. Hoehler of
the State bank of Toledo asserted that he
desired to raise his bid, providing the
O'Nell bid was opened.
Johnston called the attention of the coun
cil to the fact that all the talk was irregu
lar and out ot order. That bids should have
been filed with the clerk at a certain hour.
The mayor, however, overruled the protest
and directed that the bids be opened.
Spltzer Co. bid a premium of 1210, with
accrued Interest. Tbe State bank of Toledo
declined to bid on 44 per cent bonds, but
offered a premium of 11,800 providing the
Issue wss made i per cent. Mr. Thomas J.
O'Nell bid a premium of 11,600. C. Bevln
Oldfleld submitted a bid of 12,666.66 and as
serted thst he would bavo the bond litho
graphed at his own expense.
It was after these bids had been made
public that O. W. Hoobler of Omaha wanted
the bonda auctioned off. This suggestion
met with a flat refusal from the council,
the reaeou given being that Mr. Hoobler
bad not bid, therefore he had no aay In the
When the mayor ordered roll call on the
adoption of tbe report of the committee and
the acceptance ef the bid of Mr. Oldfleld
only Dworak, Johnston and Martin voted in
tbe affirmative. Miller voted nay and. In
order to make the record good. Mayor Kelly
chipped In and voted for the sale. This
vote did not suit Johnston, aa tbe record
would hardly meet with tbe approval of
the attorneys for any bond company, so be
moved a reconsideration. This waa agreed
to and then Johnston took up thirty minutes
or more telling how much ths city would be
saved if the bends were renewed at this
time. He went way back to tbe original
Issue wben the vlsducts wsre built and
then told all about his political troubles and
how badly be wanted to sea ths city sava
money at this time. When Johnston finally
let go, he was followed by Msyor Kelly, who
had a neat little speech mapped out. Hs
asked that the vote be unanimous, or words
to tbe effect, ss otherwise tbe bonds might
not be accepted. Then another vote wsa
ordered and the clerk called tbe roll. It
Stood the eame as before, Dworak, Martin
and Johnston. Thia time the mayor did not
vote, although he declared the resolution to
Issue the bonds carried.
At the instigation of Secretary Christie
of the Commercial club and President Me
Crann of the South Side Improvement club,
the council adopted a resolution favoring
the signing of a bill now before the presi
dent for a bridge acroea the Missouri river
at South Omaha. The resolution favored the
bill and the mayor waa directed to wire
President Roosevelt of the adoption of the
Arrangements were made for the pay
ment of the rental for the ground occu
pied by the emergency hospital aad bond
of J. D. Homan, the nurse, was approved.
After tbe transaction of some few matters
of minor importance the council adjourned
for one week.
Quite a number of candidates on ths
democratic ticket aro expressing tbelr dls-
catlsfaction wltb the method pereued by
the city central committee. It la alleged
tbat something like 11,400 waa realised by
the committee for assessments against the
vsrlous candidates and that less than $304
has been spent. Tbe expenses of the pri
maries cost a little over $300. It Is figured
by those who are Interested that the booths
cost $30, the Judges and clerks $90 and
printing $100. This makes $110. Allowing
for Incidental expenses, the cost of the
primaries could not, It waa stated yester
day, exceed $800. As the commute declares
that no funds are available, the candidates
are wondering where the election expenses
are coming In.
Street rumor has It that the city central
committee paid the primary expeneas and
then proceeded to cut up the balance of
the funds among the members, with the
understanding that the money waa to be
used for election expenses.
Very Shore Sessloa.
The Board of Education got together for
enly a tew minutes last nlgbt and no busi
ness of any importance waa transacted
At the Instsnea of the Commercial club, a
resolution wss psssed directing Jamas H.
Bulla, president of the board, to wire the
representative in congress from this dis
trict tbat It was the desire of a portion of
the buelness men that the president sign
the bill now before htm In relation to the
proposed South Omaha bridge.
The next meeting of the board will be
held on the first Monday la April.
Vtssara Plica Ceaaalalate.
Detective Vissard of the Union Pacific
filed complaints yesterday against a couple
of men who gavs tbe names of Bears aad
Halpln. He charged them with breaking
Into a car standing on the tracks In tbe
yards and stealing a keg or two ef beer.
Before adjourning court. Judge King called
tbe culprits before him, aad as they bad
no defensa to offer, he held them to the
district court In tbe sum of $500 esch.
Health Iaeaeetor resale.
Members of the local Board of Heslth
have been Invited to meet Dr. Wertenbaker
ot the United States marine service, who Is
coming to Investigate smallpox and other
contagious diseases. It Is cipeeted that
Dr. Wertenberger will visit South Omaha
some dsy this week. He will meet the
members of tbe local Board of Health at
the parlors of the South Omaha club and
d'scuss matters pertaining to his mission.
It Is possible tbat he may be taken on a
drive to the new emergency hospital, which
Is now practically ready for use.
The taking of evidence In the tax man
dsmua ctse will begin at t iO this morning.
If Referee Ryan decides to admit testlmoay
as to the valuation ot the corporation prop
erty, Frank Murphy, president ot ths
Omaha Street Railway company, will be
the first witness on ths eland. Attorney
Mcintosh has Issued aubpoeoaee to secure
ine aueuaance in court, 01 toe president.
secretary and manager ot each ot the five
public service corporations. Tax Commis
sioner Fleming will also be on hand with
If the referee rules out testimony as to
ths valuation of corporation property, the
Inquiry will be confined to the proceedings
before the board of equalisation with refer
ence to the alleged bearing on tbe Shrlver
and Morton complaint.
Attorneys Mcintosh and Webster made
brief arguments at tbe conclusion ot tbe
latter'a address Mondsy afternoon on the
subject ot the admission of testimony.
"It won't take an hour to get testimony
as to the valuation of thst property, your
honor," said Mr. Mcintosh. "The officers
know how much their property Is worth,
and it wouldn't ba neceessry for any ons
of them to be on the etand more than five
"We don't want a great big balloon ease
out of this." asld Mr. Webster. "We went
to confine ths testimony to only such Issues
as are vital to tbe case."
Referee Ryan replied that he would let
both eides get In euch testimony as they
waetsd, within certain limits. "I'll defies
my position more fully on that in the
morning," he added.
Almost Approaches Haaaor,
Once In a while, at rare intervals, some
thing almoet approaching humor crops out
In the tax mandamus hearing, and these
stand out like palm trees In the desert of
abstract argument. Such aa oasis Is usually
the result of an attorney choosing a pic
turesque metaphor to illustrate a point.
Early In the hearing Referee Ryan told a
little story, ths application ot which It
not material now.
"It's like tbe man wbo measured the dis
tance to the moon," said he. Asked how
he did It, be answered: 'Why, I Just found
out what halt the distance was and then
multiplied It by two.' "
Monday afternoon Mr. Webster reverted
to this. Ho was talking about wbat he
called tbe roundabout way by which ths
relators went at It to get the 40 per cent
basis ot taxation, and said:
"It's like the case your honor referred
to the other day, of the men who went to
the moon and half way back, and then got
stuck and couldn't go any farther because
he didn't know the remaining distance to
The court was amused at this Websterlsn
rendering ot his story. Mr. Mcintosh
"How are you going to Bad out what 40
per cent of the distance to the moon Is
without finding out first what tbe entire
distance to the moon Is?"
"Well," retorted Mr. Webster, "It you
want to go to the moon to find out you have
my permission. t
Webster Re-tarae ta Earth.
Gentle Luna waa then dropped from the
calculations, and Mr. Webster came down
to terra trot,
"Counsel tor the relators," be eald, "says
that the act of the board of equalisation
In fixing tbe basis of tsxatlon at 40 per
cent Is a ministerial act, and may for that
reaaon be commanded by mandamus. Thst
la not true, because the writ seeks to com
pel that board to do something which It
Is commended net to do by th statutee. I
defy Mr. Mcintosh to cits a single Instsncs
of a court granting a writ of mandamus
compelling a public officer to do a thing
which ha la not specifically enjoined to do
by tbe statutes, but now, so far from that,
he wents these officers compelled to do
something that ia in express and direct
violation of the law. Tbe law says, assets
the property at Its fair cash value. He
wanta the court to ssy, 'assess It at 40
per eeat of Its (sir cash value.' Note the
difference. He has sought to bolster up this
wsakness In his alternatlvs writ by omitting
a direct reference to 40 per cent, ssylng
Instead that the board shall 'find out wbat
that basis la.' and assess our property
according to that basis. Tbat docs not
alter the fatal defect. It still asks the
court to eompel the board to do an Illegal
act, because any standard other than the
fair cash value Is Illegal.
Nat a Mlalstertal Act.
"But the act of the board of equalisation
la equalising assessments Is not a minis
terial act," he resumed. "The writ com
mands the beard first to aacertala the fair
cash value of tbe property, which Is an act
of Judgment and discretion. Then, It says.
It Is a matter of computation to figure 40
per eeat ot that, and this Is a ministerial
set. What ia really sought Is, not tbe fair
cash vslue, but the assessable vslue, and
thia involves both sa set of discretion and
a ministerial act."
Attorney Webster closed his long address
by alleging tbat tbe relators were eeeklng
to eompel ths corporations to pay one
sixth of ths entire tax of the city. "Not-
Health will eorae with all Its blessings to those who know ths wty, tnd it Is msinlj a ques
tion of rlg-ht-llTinn, with H the term implies, hat ths efforts wh!fh trerurtb.en the system,
the fames which refresh and the foods which nourish aw Important, each in a way, while it is
also advantageous to haTS knowledge of the best methods of promoting freedom from onsani
tiry conditions. To assist nature, when nature needs assistance, it is all import11 tDat the
medicinal agents used should bo of the best quality and of known Value, and the one remedy
which acts most beneficially and pleasantly, as a laiatlYS, is-Syrnpof rigs-manufactured by
ths California Fig Syrup Co.
With a proper understanding of the fact that many physical ills are of a transient char
acter and yield promptly to the gentle actloa of Syrup of Figs, gladness und comfort come to
the heart, and If one would remove the torpor and strain and congestion attendant upon a con
stipated condition of the system, take Syrup of Figs and enjoy freedom from the aches and
pains, the colds and headaches and the depression due to inactivity of the bowels. In case of
any organic trouble it is well to consult a competent physician, but when a laxative is required
remember that ths most permanently gratifying results will follow personal cooperation with
the beneficial effects of Syrup of Figs. It is for sale by all reliable dmggists. Pries fifty
cents per bottle.
The excellence of Syrup of Figs comes from the beneficial effects of the plants used in ths
combination and also from ths method of manufacture which ensures that perfect purity and
uniformity of product essential in a perfect family laxative. All the members of the family
from the youngest to the most advanced in years may use it whenever a laxative is needed and
share alike in its beneficial effects. We do not daim that Syrup of Figs is the only remedy of
known value, but it possesses this great advantage over all other laxatives that it act gently
and pleasantly without disturbing natural functions, in any way, as it is free from every ob
jectionable quality or substance. To get its beneficial effeets it is always necessary to buy the
genuine and the full name of the Co. California Fig Syrup Co. Is printed on the front of every
San Francisco, CaL
LouiavlIIa, Ky. New York. N. Y.
Woman's Work in Club and Charity
The following open letter to elubwomen
from Mra. A. O. Granger, president of ths
Georgia Federation of Woman's Clubs and
a member of ths conference committee
which met In New York recently, appears In
the Southern Woman of March II:
The New York conference has come and
gone, but not until now haa the Southern
woman announced Ita reault. Why so late?
Because the repreaentatlvee of the two
state federations hid pledged themselves
to secrecy until each of the two official
bodice had voted upon it.
Thia haa been dona and the Georgia ex
ecutive beard haa accepted the substitute
amendment, with an "Individual note,'
which goes from us to each club In the
General Federation oa Woman's Cluba.
The executive board of the Massachusetts
federation haa refused to accept the sub
stitute amendment, and has sent In to the
secretary for appending- to the call for the
biennial Ita own reorganisation plan.
Ia Georgia dismayed at this? Not In the
least, for there are other factors in thia
complex problem. Tha board of preaidenta
of Maeeachuaette voted to drop reorganisa
tion and adopt tha substitute by a vote of
(0 to 10, and thia in aplte of knowing that
Ita opinion had already been set at naught
as "Inform si. " Tha Georgia women had
been told that tha only power to accept or
reject for thia Massachusetts federation
waa vested in Ita board of presldenta. Sixty
to 10 In favor ot the substitute amendment
agreed upon bv Massachusetts and Georgia
tneene that throughout tb old Bay Plate
an rnormoui majority of the clubwomen
believe in tha substitute, which, while plac
ing each club In a atata federation on a
perfect equality in Its eligibility to the
General Federation of Woman a Cluba. also
places the responsibility of Ita admlaalon
where It haa always belonged, and always
should belong, with tha executive board of
the General Federation of Woman's Clubs.
Still mora In Ita favor, the words "white''
snd "colored" sra entirely avoided. If this
flan could ba adopted by a large majority
here would ba no nereaetty of wearisome
dterueaenn. for tha gmnerai federation would
have succeeded in finding a way ia which.
with perfect quiet and courtesy, tha de
aired end had been attained, in thia re
aped it would stsnd with the great social
organisations of men.
Perhaps, too, that enormous majority of
Maasachuaetts presldenta may have ven.
lured to believe that possibly Oeorarla
women might be better fitted to cope with
a subject so near and familiar to them a
condition, not a mere theory, baaed upon
one or one score of Isolated individuals.
Georgia women do not give to the world
aenaatlonal storlea which touch the most
sacred aide of womanhood. They are too
familiar with the facts which enable euch
talea to ba written, things which are ths
foundation for their desire for each race to
be kept diatlnct.
Georgia knowa so wall tha evil resulta of
unwise education of negro women that It is
tha duty of her clubwomen to hold un
flinchingly to that which they know to ba
proper and neceesary for the good of both
races. Knowing the case so well we re
joice to be able to say that the unity of
Georgia and tha majority of Maaaachuaatts
CAROLINE D. O. GRANGER.
It may be ot Interest to club women to
know that both Mrs. Grsnger and Mrs
Lindsay Johnson, ths two Georgia repre
sentatives on the conference committee aro
both northern women.
The twenty-fifth annual meeting et the
Woman'e Missionary Society of ths Presby
terian of Omaha will be held oa Wednesday
and Thursday et this week at Waterloo,
Neb., and It Is expected thst Omaha will be
largely represented there.
The following schedule has been arrasged
for the conduct of tha week's goepel mast
ing at Tenth Street City mission: Monday
Luther a and Christian church Toung Peo
ple. Tuasdsy evening First Christina
church, Wednesdsy evening. Free kfttno-
dlsts, Thursdsy evening Xpworth League of
rirsi Metnodlst, Friday evening, Presby
terlaa Young People, Saturday evening.
Hill Side Congregational church. On Bun.
day evening all denominations contribute to
A number of the children from tha Tenth
Street City mission Sunday school contrib
uted to ths 1 o'clock service held at the
county jail 00 8unday. with recitations se.
leeted from ths Demorest collection that
they have glvee at tbe various Demorest
medal contests under the auspices of the
W. C. T. U. Miss Spooney, captain of tha
Volunteers ot America ssng several num.
The presentation of a paper on "Ne
braska's Need ot Courts for Juvenile Of
fenders" was the feature of yesterday
afternoons' meeting ot ths Department of
Political aad Social Science and supplied a
long felt want of Information oa that subject
which has and will have mors extensive in
terest for the women of ths state In ths
near future. Followlag the paper the sug
gestion wss msds thst la the arsrace of tru.
ant erlcers, soma womaa volunteer, in each
district ef tbe elty to look after the tru
ancy caaes ot that district. A committee
Wss appointed to lnvesllgsts tbs possibility
ef hsving ens hour a day. under ons judgs.
set aside tor dealing with tbs essea ef
The regular meeting of the W. C. T. U.
will be held at t o'clock oa Wednesdsy
afternoon la the parlors of the Y. W. C. A.
withstanding that they don't represent one
twentieth of the taxable property of the
city," he said, "the relators would have us
psy one-slxtb of the taxes. Within a radius
of two blocks of Fifteenth snd Fsrnam
streets there are six national banks, with
tbelr assets running Into the millions. A
tew blocks esst and south and you get Into
the wholesale district, every bouse of
which carries a stork of goods worth all
tbe way from $300,000 to $800,000. There
are the big depsrtment stores, with their
million-dollar stocks. There are the big
office buildings, tbe New York Life and
Tbe Bea building, for example. Tbe New
York Life building alone Is worth $1,000,-
Yesterday Herslsg't Proceedings.
Mr. Webster yesterday began spesklng by
disputing a atatement made last week by Mr.
Mcintosh, to the effect tbat tbe atatute re
quiring the board of equalisation to com
plete Its work at a particular time was
not mandatory, but simply directory, and
therefore could be obeyed or disobeyed at
will without affecting the legality ot the
'It can do no good to grant this writ of
mandamus," bs said, "because the tax has
already been Invalidated by reason of tbe
fsct that tbs levy wasn't made when the
charter ssys it shall be made, to-wit, at the
first regulsr meeting of the city council
In February. My friend on the other side
ssys the fsct that the date has lapsed makee
no difference. The charter fixing this
date, he says, is merely directory, not
mandatory, and so the council may obey It
or not, as It sees fit. Now, Judge Maytaew
says on this subject that a law may not be
construed as merely directory If such con
struction would work sn injury, however
slight, to either ot the parties. Applying
this to the present case, we find that It
will result (or at least thst Mr. Mcintosh
Is trying to have It result that way) In
raising ths corporation taxes. Then It
will work an Injury to tbe corporations
and hence ths lsw fixing tbe time for mak
ing the levy .cannot be construed as di
rectory, but as mandatory."
"Suppose It must," said Mr. Mcintosh.
"What baa that to do with thla case?"
Saya B,aallsatloa Board Is Dead.
Well," answsred Mr. Webster, "It baa
this to do with It. It means that tbe
Board of Equalisation la dead and tbat no
Writ can resurrect It."
'But you ssy tbe levy Is void now
whether the tsx is equalised or not."
That's all right," answered Mr. Web
ster. "Tbe judges will take care of that."
Ke then went on to tell bow sensitive tsx
levies are to any kind of Irregularity and
cited the case of a levy In a Nebreska town
tbat was rendered void because the mayor
didn't sign it on tbe dsy ths law said hs
"I don't think there's much uae ot your
going into that phase ot ths subject any
farther," said Referee Ryan. "Tbat will
be for the supreme court to decide. I will
Investigate the matter thoroughly and re
port aa to my conclusions on tbs facts snd
the lew and tben It will be for the court
to decide whether tbe writ would be nuga
tory or whether the levy Is void."
"Yes, your honor," salt! Mr. Mcintosh,
"this esse can't be baatened by any report
that doesa't covar all ths Issues."
"That's the way I look at It," said the
Refers ta Dlcklaaaa lajaartloa.
Mr. Webster went on to tay that be didn't
believv Judge Dickinson considered whether
his Injunction would Invalidate the levy.
"I doa't think he took that Into considera
tion, your honor," he ssld. "Hs simply
took It for grsntrd that. Inasmuch as an
application for a writ of mandamus was
pending befors ttao supreme court, tbat tbe
court would expect him to hold oft the levy
until action could be bad on the applica
tion." City Attorney Connell Interrupted Mr
Webster to ssy that Mr. Mcintosh didn't
deny tbat there bad been a bearing of the.
eighty-eight complaints before the Board of
Equalization. He read from ths board's
record, which ssld that ths relstors had
appeared by tbelr counsel and complained
against ths corporations, but thst their
objections bad beea overruled aad tbe as
ssssmthts ot tbe corporations had been per
mitted to remain unaltered.
Attorney Hall of the water company took
his Innings by ssylng thst the lsw which
fixed tbs time when the Board of Equalisa
tion should finish its work was ut and
essential. "Otherwise," be ssld. "there
would never be sn snd to It. Somebody
would always bs dissatisfied about tha
tsxes sed ths result would be thst tbs
bosrd would be In psrpstuat session."
Mr. Meresaea laterreata.
Attorney Mortmaa of tbs talepbene com
pany said: "This bosrd couldn't set ss de
tts judgment now it It wsnted to. For
tbat matter, It couldn't set it aside at the
sltUng at which It was made."
Thesa interruption were mode In the
course of Mr. Webster's argument and be
accepted them In good part and agreed
with the esntlments uttered. They didn't
nettle him aa sorely as did Mr. Mcintosh's
Interruptions last Fridsy.
At noon the heering adjourned for two
The Rifle Saeplaate tha Sward.
A half century ago the sword was con
sidered the best known wespon In warfare,
but It Is now being discarded by the Brit
ish soldiers, and the modern rifle la sub
stituted. Msny people throughout tbe
country are also discarding old methods of
trying to cure headache, nervousness. In
somnia, Indigestion and dyspspsla, and are
using Hoetetter'a Storosch Bitters, tbe old
rellsble remedy for these ailments. It Is
recommended by phystctnns, and a trial
will convince you of Its value.
MOVE TO VACATE MANDAMUS
City Takes I.eal Stepa ta Avoid Pay
ment ef the Alahoaee Mete
The city of Omaha snd John N wth.r.
move to eet aside and vacate the man
damus order of March 15 secured by Al
phonse Mettger, compelling them to pay
sn old Judgment for $875 originally secured
by an owner of property on Ames avenue
which wsa condemned when Nineteenth
street boulevsrd opened.
In support of their motion tn recall f h
peremptory writ tbe respondents give
seventeen ressons. alleging tbat ne affidavit
waa filed nor sufficient showing mode, that
no alternative writ of mandamus wss Is
susd, that no sufficient notice of hearing
of aay application for peremptory writ was
ever given tbem, but tbat it was In the
nature or a "snap judgment." and that
the Judge waa Imposed upon by the counsel
for the relator.
Ia their answer thsv denv that ik.
Judgment became a charge upon the entire
luaoie property or tne city, and allege
tbat aa the Omaha Mercantile
secured the assignment before the special
levy wss made Metsger now holds It only
by reason of some collusive or fraudulent
understanding made with a view to com
pelling 11a payment out 01 tne general Judg.
SUGGESTS ANOTHER CHANGE
W. H. Met ord Waata Aadltertam Plana
Revised to Provide for Horse
There was a special meeting of the build
ing and ground committee of the Omsha
Auditorium company last night to consider
matters with reference to the letting ot tbe
contrsct for which bids were opened lest
week. W. H. McCord wss present with
ihe committee snd discussed ths questlou
of making, smple provisions for horse
shows. He advocated the Idea of securing
from the city a quitclaim to one-half the
nlley In the rear of the proposed structure
and widening the main floor by 20 feet. It
this plsn Is to be sdopted It will mak
necessary a revision of all plans snd re
advertising for bids, as when the southern
wall Is carried 20 feet to the south It will
stand over the bed of the old creek, and
alona n sewer which runs In the alley. Thle
will mske necessary a change In the foun-
aation material at tnai point, ss neavy con
struction would be necessary to bold tbe
The question of a temporary building
upon the site over the foundation which Is
to be laid shortly If the changes suggested
by Mr. McCord sre not carried out, was
brought up and discussed somewhst at
length. It was the opinion of members or
the committee that such a building would
be Ill-advised, but the matter will be re
ferred to the bosrd of directors for settlement.
How to Prevent Paeamenla. .
You have good reason to tear an attack of
pneumonia when you have a severe cold, ac
companied by nalns 16 the chest or In the
back between the shoulders. Get a bottle ot
Chamberlain's Cough Remedy and use It ss
directed and It will prevent ths threatened
attack. Among the tens of thousands who
have used tbla remedy for colds snd la
grippe we have yet to learn of a single case
thst has resulted In pneumonia, which
shows that this remedy Is a certala preven
tive of thst dangerous dlsesse.
Marriage licensee were Issued yesterday
to the following:
Sol Troutfelt, Omaha 49
Sarah Brown, Omaha 29
Joe Rex, Omaha n
Nellie A. Swanaon, Omaha , 19
Otto Gottsch, Douglas county 24
Anna Luschen, Bennington IS
Use none but
jjpfifff 1 for babys
'"''"''''llOlliJy pi - rln'nrr
Wtmen's S3 Wilts-
We haven't eald much lately about
our $3.00 welt shoes fact Is, they bare
become so popular with the public tbat
we don't find It necessary to say much-
yet today la a day w hen welt shoos will
be very popular-for you can't bare wet
feet wben you wear s pair of these $3.00
welts so wa just want to call your at
tention to them as health preeervers
the foot rests on tbe sole ao tbe feet
can't get wet all shapes of toen, from
extreme mannish to medium round.
Drexel Shoe Co..
asaha's Ca-to-aete Sbae sleeae.
gts r Ann am stbbt.
Powered by Open ONI