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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (May 16, 1903)
TIT 13 OMAITA DAILY IJEE: SATURDAY, MAY in. 1003.
RESTRAINING ORDER STANDS
Judge Dickinson Befniet to Heir Motion of
Hascall to Vaoato.
GERRYMANDER SCHEME IS KNOCKED OUT
City Attorney Connell Bay Present
Coanrll Will Rot Haa iofflcleat
Tin to Pat Hew Oral
Judge Dickinson refused yesterday to
acate the restraining order Issued Wednes
sy to prevent Hascall and hla aaaoclatea
in the city council from passing ordinance
J071. gerrymandering of the city to perpetu
ate the majority of the "big Ave" in office.
Incidentally they secured a modification
tot the order, but the change does not per
tnlt them to enact an ordinance which
vould accomplish the same purpose, al
though it shows a way In which this might
ofesibly bav been done had they started
When J. P. Breen, counsel for the coun
Mlmanlc combine, called up his motion to
iava the restraining order vacated none of
the attorneys for the complainants was
present and J. M. MacFarland, who offices
with Frank Weaver, one of the attorneys
for the complainants, asked to hava the ap
plication passed until the return of Mr.
Weaver, who la In Minnesota. He raised
the point that the notice to the complaln
ants of the hearing upon the motion to va
cate had not been sufficient. Mr. Breen
eombatted this Idea without success, Judge
Dickinson holding that due notice had not
been given and for this reason the motion
could not be heard.
Asks for Modlneatloa.
Mr. Breen then asked that the restraining
order be modified to permit the council to
pass an amended ordinance redlstrlctlng
the city, which would not contain the un
lawful features of the pending bill. The
Judge construed the present order to mean
that the council Is not restrained from
passing a legal ordinance, but only from
passing an ordinance similar to that men
tioned In the restraining order, and that
this provision should stand to prohibit the
council from amending the pending ordi
nance slightly and passing that
Mr. Breen then asked that tha order be
so modified that the council be permitted
to amend the pending ordinance to strike
out the features alleged to be unlawful and
pass such amended ordinance. The Judge
refused to make such a modification, but
offered to amend the restraining order to
permit the council to pass a new ordinance
which would not contain the unlawful fea
tures. When the attorney for Haacall and
the combine protested against this order
and again asked why the council would not
be permitted to pass the pending ordinance
In an amended form the Judge told him
uch a course would take from taxpayers
and litigants alike the right to Investigate
the terms of the amended ordinance and
would defeat the ends for which the pres
ent litigation had been Instituted. Mr.
Breen later In the day said he would take
no steps to have the order modified as Indi
cated by the Judge unless forced to do so
by hla clients.
Connell Bays Game la Blocked.
W. J. Connell, who appeared on behalf of
the mayor, one of the defendants In the
case, and who, during the argument aa to
the right of the court to hear the motion,
took the position that the mayor as one of
the defendants had not been notified of the
pending motion and tiad no time in which
to decide upon a plan of action. He said
at the conclusion of the hearing that the
order of the. Judge defeated tha object of
the councllmanlc combine in attempting to
continue their term of office for tha reason
that sufficient time does not remain for the
council to Introduce a new ordinance, pass
It and have It In the hands of the mayor
within three days of the next regular meet
ing of the council aa required by law. On
the other hand, Attorney Breen said that
If the council should meet In special session
today, pass an ordinance to its third read
ing, it could pass the ordinance tomorrow
and have it before the mayor In the time
specified by law. He intimated, however,
that such a course would not be pursued.
The time for hearing the application for a
temporary Injunction on the original appli
cation remains fixed for May 20.
The Hascall I tes served notice on the com
plainants yesterday that they would sub
. mit a motion at :30 Monday morning to
advance the hearing on the application for
an injunction. t
Kara- Declares Himself.
Myron D. Karr, president of tha outgo
ing city council and one of the men ac
cused of trying to hold over for another
term' by redlstrlctlng the city, hailed a
Bee reporter yesterday and said: "I
have Just got back from Grand Island,
where I have been since Tuesday night,
and I find the newspapers have been at
tacking me and aaylng that I want to hold
Over in the council. Now, the people of
the Sixth ward have nominated and elected
me for two terms and under no conditions
would I try to bold over without being re
elected by the people. No paper was ever
presented to me with the request that I
sign an agreement not to hold over if we
changed the wards. I am not In favor
of redlstrlctlng the city If such a pro
ceeding will hold . any of the council-
men over. I believe that the councilman
should be elected by the people and I will
not cast, my vote for an Increase of wards
if this means that any of the present coun
cil are given the right to retain their
Mr. Karr announced that he was holding
a 12S a month position with the Pacific
Mutual Insurance company and Is by no
means dependent upon a city Job for sup
Nichols ft Broadfleld. printers. Tel. 1942.
Briefs from the Courts.
E. R. Hawkins Sk Co.. have ud Bi
Cohen for iU 11 on an assignment made
by Harry L. Cohen.
Lou Buchanan sued Anftrew Buchanan
for divorce, alleging Infidelity. They were
married in Council Bluffs In ISM.
When the hearlnar of the irnllntinn nf
Mrs. A. D. Jones for the appointment of
a guardian fur her person mid property
was call Ml before Judge Vlnsnnhaler yes
terday the applicant derided that she
wanted to withdraw her application, which
she was permitted to do, and the cane was
A tea roo n in a fclasa of YiaU-r,
taken w hen exhausliordrprenl
from overwork, insomnia, poor
digestion, or summer hat, (civ
toun and vigor to the entire aybtrui.
GRAND CLOTHING SALE
.;i t -- .. ? r-r a
All S. H. Marks & Co's
On sale today at
All S. II. Marks & Cos
On sale today
All S. II Marks & Co's. p-"
On sale tomorrow at p
TUB BENNETT COMPANY.
Saturday la the Grocery.
Strictly fresh eggs, 14c
Country butter, lb., 16c.
Bennett's Capitol Creamery, lb., 24a
Flccalllll, pint, 1a.
Olives, pint, UHo, '
Medium sour, pint, 6c.
' Dill, each, la.
Rice, good, lb.. Sc. . i
Prunes, California, lb!, Bo,
' Ollvea, bottle, to,
' Assorted pickles, bottle, Sc.
; Mustard, Jar, 6a
Oil sardines, can, 6a
Imported sardines, can, 10a
' Jelly, assorted, glass, 6a i
Baking soda, pkg., 4a
, Chocolatlna, can, 10a
' Baked beans, can, 4a .
Bluing, per box, to.
. Worcester sauce, bottle, 10c.
1 Tea slf tings, lb., 16a
Coffee, fresh roasted, lb., 10a
. Baited peanuts, lb., 9c . -
Mixed candy, lb., 9c.
Cream mixed candy, lb ,. HHo.
Chocolate creams, lb., 15c.
Toasted marshmaJlows, pkg., 6a
- Ice cream sodas, pure fruit flavors, glass,
TURNING T0JJNI0N STATION
Northwesters) Officials Are ' Making
Tlaas for Nebraska aad
' The officials of the Nebraska and Wyo
ming division of the Chicago A Northwest
ern railway are working on the prepara
tions for bringing the Black Hills trains
into the Union station. If the present plana
are carried out the new order of things will
he put in execution on June 1. As yet the
local officiate are extremely reticent, as
they are not absolutely certain that it can
be so arranged, but everything points that
way now. The present system of handling
half of the trains at Webater Street and
half at the Union station la annoying and
does not give much satisfaction. Another
thing that causes them to be anxious to
change all of the trains to the Union sta
tion is the fact that the transfer of bag
gage, since the stride, is proving a compli
cated affair and most of the trouble will
be done away with by running all trains
Into the Union, station. The officials are
confident that, whether 'they get Into the
Union station by June I or not, the change
will be made la lees than one month from
la a Class Alone.
No other pills on earth can equal Dr.
King's New Life Pills for stomach, liver
and kidneys. No cure, do pay. J5c. For
sale by Kuhn A Co.
OBSEQUIES OF SETH COLE
Old Resident Laid at Rest' at Forest
Lawn, ay Fellow ,
' ' Masons.
At I o'clock yesterday afternoon funeral
services were held over the body of Beth
Cole, whose death occurred at Wise Me
morial hoapllal v Wedneaday evening at 7.
Mr. Cole was an old time resident, having
come to Omaha In IKS and lived here ever
slnoe. During the civil war he was in
Company I of the Forty-fourth New York.
He was a member of the Omaha aerie of
Eaglea No. 38. and of Capitol lodge No. t
of the Masons.
The funeral was conducted from the home
at 811 South Seventeenth ' street, to Forest
Lawn cemetery, where the Masonic rites
were obnerved over the grave by his fellow
lodge members. , Mr. Cole's wife and two
children survive him."
Cramer's Kidney and Liver Curs Cures
backache Is highly endorsed by Omsha
people. Comes in two sites. Our price,
40c and Tic. Schsefer's Cut Prlca Drug
Sutra, Uti aad Chicago street.
Famous firm or S. H. Marks & Co..
No. 10 W. 4th St., New York, dissolve
partnership entire sttck en sale at
Today the Sale Begins
Brandeis spot cash has won out in the great-
transaction In recent years. The
li rm oi . xi. nsrHB ae v-u. oi iu w . .in sireei,
N. T., famous for their high art clothing dis
solved partnership. Ready money was needed
to buy out the retiring partner. Brandeis cash
came to the fore and closed a grand bargain at
4.1c on the dollar. In spite of the elegance of
this matchless stock we place it
On Sale Regardless of
Cost or Value
The Marks name on these splendid suits Is
proof positive that they are the swellest and
most artistic clothing that Is sold ready made
in all New York City. Without question the
finest ever displayed at a special sale. Every
one entirely new, faultlessly fashioned, hand
fitted collar cut by experts and finished by
artists. Every suit a beauty every suit a bar
gaintomorrow The Greatest Money-Saving
Clothing Snap in Years
?J. C. PrantttiM & pons
TO COLLECT OCCUPATION TAX
License. Inspector Points the Way to In
creasing City's Revenue.
"" " i
SOME NEW ORDINANCES IN PROSPECT
Expressmen, Pushcart ' Men and
Hucksters Who Hit Heretofore
Graded Their Special Taxes
Will Be Called to Time.
License Inspector Scott says that with the
law authorizing an occupation tax on the
statute books hla department will be given
a thorough shaking up and placed in posi
tion to collect much revenue that has here
tofore gone' by default. New .ordinances,
however, will have to be drawn In several
cases, according to ' tha Inspector. He be
lieves that the license money should be cl
verted into a street maintaining fund in
stead of being handed over to the school
board. In order to do this it will be neces
sary to eliminate the word "license" and
substitute the term "occupation tax."
Meanwhile, before the new council takes
office, Bcott is waging a crusade on the
expressmen,, pushcart men and vegetable
hucksters to, make them take out the li
censes demanded by the city. They should
have complied, with the law during Jan
uary, and but little shift is given those who
once notified fall to secure the required
permit to do business.
As to the Traasfer Companies.
Another thing that the occupation tax
clause in the charter will do is to bring to
time the large express and transfer com
panies, which have been paying Into the
treasury only about one-third the amount
they should under the ordinances. One
company owning ninety wagons pays the
requisite Id license on only thirty of them.
The transfer men base their claim for ex
emptlon on the old court decision that under
the law businesses could be taxed for the
regulation cost only and not for revenue.
Now this Is changed, and, according .to
City Clerk Elbourn and License Inspector
Bcott, the big firms will havo to pay up.
With the Incoming of the new council It
is expected that several ordinances will be
presented designed to secure more revenue
for the city from certain classes of business
already licensed, but partially escaping by
divers methods. Miscellaneous license fees
last year amounted to about 614,000, all of
which, with the exception of departmental
expenaes, was added to the school fund
THE HAIR Bftl'SH.
Breeds Dandruff, Wklch Caascs Fall
ing Hair and Finally Baldness
Prof. Unna, Hamburg, Germany, Euro
pean authority on skin diseases, says that
dandruff Is as contagious aa any other
malevolent disease, and that one common
source of the spread of dandruff is the use
of the same hair brush by different v r
sons. The way to avoid catching dandruff
or any other disease from another's brush
Is to Insist on the use of Newbro's Her
Plrlde. It not only kills the dandruff germ,
but It la also an antiseptic that will pre
vent the catching of any disease whatever
through contagion of another's brush. Boli
by all druggista. Send 10 oenta In stamps
for free sample to The Herplcide Co., De
The following births and deaths have
been reportcn to me nnara or Moaltn:
Births Charles Kckxtrom. tV'd Uurdette
boy; George W. Tanner, 111 South Twenty,
elvhth avenue. bv.
Iieaths T. J. McGerr. S32 North Twenty
fifth, ased id: Mrs. Mary KrmU". Thirty.
fourth and Meredith, aged 41; Grace
Mo"lir. lm Ohio, ated 1 month; Jooeph
Artbur r.vans, J uiuo. agea montna.
Pullre Board Appears.
The fire and polios commissioner have
decided that they have aoine objections to
mske to the mandamus issued by Judae
Bead In the ease brought at the relation of
W. H. Bhoup to have that relator place
iidod the rolls of the police department.
Yesterday bet or Judge Bead taey moed
Hen's Suits at $5,
For 18.00 we csn show you 25 different
patterns In casslmeres, worsteds, chev
iots, serges, fancy cheviots snd unfin
ished worsteds. In bluos, blacks and
fancy colors. In light or dark shtdes
ALL well made and well tailored
throughout none worth less ! A
than 110.00 In this Si.llll
sale for VlUU
For 17.60 we hava all the latest and most
up-to-date styles In hand-tailored cloth
ing in handsome stripes, checks, fancy
mixtures and also in . plain colors In
worsteds, cheviots, rasnltnere and fancy
worsteds, made with hand-padded shoul-
YOUNG KEN'S LONG PANT SUITS
In aises, 13 to 80 years an Immense as
sortment In black, or blues, In fancy
cheviots, casslmeres, thlbeta and un
finished worsteds. In light, medium and
dark colors, In single and double-breast
d styles, made up In regular and 'var
MEN'S 50c UNDERWEAR AT 10c
1,000 dosen men's all silk ties. In bows,
four-ln-hands and tecks add new col
ors for spring the ties were made to
vj r- iv,
sen at 20c ana sue
all on sale
MEN'S tl.60 COLORED SHIRTS AT 50c.
500 doxen men's colored laundered shirts,
In plsted and plain all the new colnrs
r rci'M a
and worth up to H.60
on sale at
SPECIAL GROCERY SALE
All kinds of Cr
Can Boud '. j
Choice California 01r
Prunes L 3
Large Italian Oln
Santa Clara C .
Very fine Q
Choice California Oln
Fresh Soda M r
DEPOSIT YOUR MONEY YVIIERE 4 PER
-CENT COMPOUND INTEREST IS PAID AND
WHERE THE PRINCIPAL IS ALWAYS SAFE.
CITY SAVINGS BANK, ;
Men's Shirts 25c
On sale Saturday. Not . more than
two to any one customer. . Some have
separate cuffs. Some are of white body
with embroidered bosoms; others run in
tan and gray ahad'.-s. If in need of a pair
of pants don't forget that we have also a
sale on panta. Panta worth as much as
13.00 are now 1.0; we have better ones at
the sale prices of 12.60, $3.00 and $3.50. Our
assortment of men's suits Is most complete.
Prices, $5.00, $7 50. $10.00. $12.50, $15.0J. $18.00
and $19.50. Men's stylish hats at 95c. $1.50
and $2.00. Voungs' hats are $3.00; they
are the equal of the $5.00 grades. Linen
colars, fo or for 26c. Fancy men's hose
7o a pair. Men's underwear 19a and 25c;
extra good values at 45c. At Ce Guar
antee Clothing Co., 161 and 1521 Douglas
P. 8. With every purchase In our boys'
department we 'give away free a boys'
base ball cap. In our overall department
we give free with purchases a man's work
to have the default set aside and were
granted leave to answer the alternative
writ Saturday at I o'clock.
BECOMES CITIZEN ONCE MORE
P. C. Heafey Takes Oat Katarallsatloa
Papers lor the. ieeoad
After having held office under the stste
of Nebraska and having been a factor In
politics for many years P. C. Heafey yes
terday took out naturalisation papers in
the district court. Assisted by two cltlsens
of the United Btates he solemnly renounced
allegiance to a'.l foreign prlncea and poten
tates and especially to the king of England.
This Is the second time Mr. Heafey haa
taken out final papers of clUstnshlp. but
for some reason a search of the files of the
district court fails to uncover the record
of the first. Ordinarily It would not have
troubled him, but Mr. Heafey. with his
wife and Thomss Tlynn and wlfs, are go
ing to vtslt th scenes of the childhood of
the two men, and they want to be able to
establlrh their. American pltlsenshlp ta
avoid an complications which may arise.
They will leave for New Tork next week
and return about August 15.
gar Aid ta. U.I Lite.
Elsctrlc Bitters give an active liver, per
fect digestion, healthy kidneys, regular
bowels, floe appetlts. or no pay. 40c For
ale by Kuha Co.
Big Clothing Salo
$7.50 and SIC.00
ders. hsnd-msde pulton holes, felled
throughout, worth up to
Il6.i rale price only
For IIO.OO we have an excellent line of ht
cheviots, ranslmeres, worsteds, serges,
Scotch cheviots snd unfinished worsteds.
In blues browns, blacks, oxford grays,
fancy mixtures and plain colors, in round
and square cut. single or double breasted
two button sacks, msde with hand-padded
shoulders, hslr cloth fronts, hand
felled collars, guaranteed perfect fitting
and to hold their shape, made by such
well known tailors as Hart-Schsftner A
Marx, and Crouse and f AA
Hrandgee worth up to 16 1 11.11 U
In this sale at
sity cuts a young man's swell suit.
worth up to 112.60
sale prices 17.60,
16.00. 15.00 snd
Boys' odd long pants, ages 12 to 20
years regular i.au to eJ.w
values at 11.95
II. W. 11.25 and
Men's 60c lisle suspenders
silk or leather
. ends on sale at
Men's BOc underwear, In plain
colors. In all sixes
sixes on sale at
Men's 75c underwesr. In plain
and fancy colors at
Granola Break- "f 1
fast Food Mc
All kinds of 4-lb. cans
. Potted Ham.
Potted Ox Tongue
Tou can afford to carry
your meata home at theso
prices, i ne best only,
honed and rolled
Pound..." Legs Umb-.
May 3 and May U to 18, in
clusive, ' the Burlington sells
round trip tickets to San Fran
cisco and 1,08 Angeles; return
limit July 15th; stopovers al
lowed. A chance to see Denver, Col
orado's scenery, Bait Lake Oity
and a hundred attractive points
of interest very cheaply.
The Burlington is the Scenic
Route to California. Through
standard and tourist sleepers.
Let me send or give you our . .
free California publication. -
J. B. REYNOLDS,
City Passenger Agent, ,
1502 Farnam St., Omaha, Neb.
Lawn Mowers are now in
in season. Buy the best
save money, labor, time.
Fairview, 10-inch, $2.65
& Sons Go.
I41h tnd Ftrnara Streets
Deputy Stats YstertoaHaa,
H. L. RALUCCiOTTI, D. V. Sj
OOea aad laArpiVXi',L'l fn Mm
Omaha. Neb. TeleDhone 13ft.
TWENTIETH CENTURY FARMER
slakes Hstt Isefal Preseat.
TWENTIETH CENTURY FARMER
riaa Paraat tUastratleaa,
3,035 Yards of Cloth
Bought from the Mill, Made Into
Men's Spring Suits.
$13.50 SUITS ON SALE
SATURDAY MORNIXO AT 8 O'CLOCK WE
START THE GREATEST MEN'S SUIT SALE IN
THE HISTORY OF THIS STORE, OR IN THE
HISTORY OF ANY CLOTHING STORE IN THE
WEST. OUR NEW YORK RESIDENT CLOTHING
BUYER PURCHASED FROM ONE OF THE LEAD
ING PIECE GOODS MILLS IN MASSACHUSETTS
3,033 YARDS OF FINE WORSTED CASS I MERE
CLOTH. HE IMMEDIATELY CONTRACTED WITH
oONEOF THE LEADING CLOTHING MANUFAC
TURERS' IN NEW YORK CITY TO MAKE THIS
CLOTH INTO FINE STYLISH SPRING SUITS. THE
MAKER WHO MADE THESE SUITS FOR US
MAKES ALL OUR FINE CLOTHING AND IS CON
SIDERED ONE OF THE FOREMOST DESIGNERS
1 IN THE BUSINESS. THE SUITS ARE 1 1 EKE AND
PLACED ON SEPARATE TABLES IN OUR MEN'S
CLOTHING DEPARTMENT. READY TO GO ON
SALE SATURDAY MORNING. THE HIGHEST
TYPE OF WORKMANSHIP IS EMBODIED IN
THESE SUITS. THE COLLARS ARE HAND
FELLED. THE SHOULDERS ARE HAND PAD
DED, AND THE BEST QUALITY OF LININGS
EVERY STITCH IN EVERY GARMENT WAS
SEWED BY SKILLED UNION LABOR. THE
UNION LABEL IN EACH GARMENT WILL
TESTIFY AS TO THAT.
THESE SUITS ARE POSITIVELY . f 13.50
VALUES AND AS SOON AS THESE ARE ALL
SOLD. THEY CAN'T BE DUPLICATED FOR THE
PRICE, NOT EVEN BY US.
Tjie Largest Exclusive Retail Millinery House In the West.
Trimmed Hat Sale
1508 DOUGLAS STREET.
I'ae Alton FIohi
Shredded Biscuits, pic. 10c
Saratoga Flakes, pkg. 12fes.
'admit that we cut
prices, but the stand
ard of quality Is always
maintained. Our con
stantly tncresslns; pat
ronage Is ample evidence
that our method of sell
ing best values meet
I with tl
with the approval of
Pure Borax, package, 10c.
Campbell's Soups, can 8c.
Minced Clams, can. 190,
Best Shrlmpa, can, 9c.
piragua, spinach, .-ipe
tomatuvs, lisad lettuce,
wax beans, crisp celery,
new potatoes, water
' cresH. mint, radishes,
s srreen onions, lal.
I cherries, oranges,
I V bananas, plne-
Average weight m to i lbs.
Is Alton Kloar. ! Alton Floor.
THE BENNETT COMPANY
The Bualeat Meat flarket
Genuine Spring Lamb '7an
Genuine Spring Lamb 1 C
No 1 Hugar Cured lOlc
Hams 1 3W
Kettle Rendered Lard 1 lr
Choice NatlN Bteer Beef 1 H(-.M r-
Koaats Ilfw jw
Kaufman's orchestra plays on Jd
floor Saturday afternoon and evening.
jr May we
jT suggest some-
thing In vgts-
ble or fruits Caul- V
imtien, as- m
nun in iipiumf wsr
Drop Your Orders for
Through Our Phone 982
WE DELIVER PROMPTLY
Complete stock of Fresh
Fruits, Vegetables and fancy
. Groceries. We are better pre
pared than ever to serve th
trad In our NEW location, 291S
YOU CAN'T LOSE
on a piopoaltlon like "Schaefer's Bur
Death" ''cause If It don't do the business,
the empty bottle and your claim gets your
money back! Tha whole deal la a CO.N'-,
BP! RACY against bugs and It's getting
them closer to the wall every dayl Jf you
have bugs, bed bugs or cock roaches In
your house, you don't need to keep 'em.
Four sixes: Pints 15c; quarts 36c; Half
gallon hue; gallon 90c. A pint oil can with
long spout, free with too or 90o size or fa
extra with 15c or 25c size. DELIVERED
ANY PLACK IN CITY WITHOUT EXTRA
charge, same as every thing else we sol).
Try the latest soda delicacy out, "FRO
ZKN PINEAPPLE CLETE"-IT8 GREAT.
Ask Mr. Blunders, our expert dispenser h
will show you how It Is don.
OMAHA'S POPLLAR SODA CORNER!
Two I'aeae tst mm TI.
g. W. Corner ltit ana Catenae tla.
t4 Wf MplaJ SMKO Sjririap tn4 Sinn,.
UKITI3D 8 TA TH H UHHOHITOHY.
rmmk S, S Wat . ill i
'r IwwAA IWM T IIM..IH.HI ma nriM
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