12 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 aaaco Tkrngh, 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 n time. 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 seats." 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 port. 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 dismissed. , Restores Vigor Horsford's Acid Phosphate 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. jroifo) Sale Begins Today 8 O'clock CO GRAND CLOTHING SALE i est clothing 1. .;i t -- .. ? r-r a All S. H. Marks & Co's $82.50 and $15 Suits On sale today at All S. II. Marks & Cos S17.50 Suits On sale today All S. II Marks & Co's. p-" Ann diu ana S22.50 Suits 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 CANDT. BATURDAT SPECIAL. . 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, to. TURNING T0JJNI0N STATION Northwesters) Officials Are ' Making Tlaas for Nebraska aad Wyoming Trains. " " ' 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 now. 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. Salt) Begins Todai Famous firm or S. H. Marks & Co.. No. 10 W. 4th St., New York, dissolve partnership entire sttck en sale at Brandeis 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 at j I ?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 trolt, Mich. Mortality Statistics. 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. A i Yesterday bet or Judge Bead taey moed 3M' 0 Jll HidS 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, 10c sen at 20c ana sue all on sale Pnturday at 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 50c ror spring and worth up to H.60 on sale at SPECIAL GROCERY SALE Fruit Re Pudding aG Fresh Ginger Snaps Kiln Dried Ostmral... Flake Hominy.... Pearl Hominy.... Jellycon c at w All kinds of Cr Can Boud '. j Choice California 01r Prunes L 3 Large Italian Oln Kiln Dried Cornmeal Best Rya Flour Best Wheat Flour Very Best Patent Flour.. Vim Food Neutrlta Break fast Food Prunes Santa Clara C . Prunes Uv Very fine Q Hlce ww Choice California Oln Anrlcots 05 Fresh Soda M r Crackers ...T Butter Mr, Crackers T mm California ANDi BACK iBoipi Glil!l 1 DEPOSIT YOUR MONEY YVIIERE 4 PER -CENT COMPOUND INTEREST IS PAID AND WHERE THE PRINCIPAL IS ALWAYS SAFE. CITY SAVINGS BANK, ; Brown Block. 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 street. 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 ing eap. 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 Time. 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 Saturday. $7.50 and SIC.00 ders. hsnd-msde pulton holes, felled 7.50 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 3.00 Boys' odd long pants, ages 12 to 20 to 20 10c 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 rlth linen, 25c and fancy . ...25c Men's 75c underwesr. In plain and fancy colors at 35c 4 .2c 2c Ic Granola Break- "f 1 fast Food Mc All kinds of 4-lb. cans . Potted Ham. Potted Ox Tongue 3c MEAT SALE Tou can afford to carry your meata home at theso prices, i ne best only, Rib Rosst, honed and rolled Bacon Pound..." Legs Umb-. 8c 2c Oc :85c ...7ic ...7ic Pound Lard Pound. Spnre Ribs Pound 7c ..4c 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. It's Time PENNSYLVANIA BALL" BEARING Great American Lawn Mowers are now in in season. Buy the best save money, labor, time. Special Prices Fairview, 10-inch, $2.65 Grssa Catchers, Dandelion Weeders. Garden Hose. Hilton Rogers & Sons Go. I41h tnd Ftrnara Streets Deputy Stats YstertoaHaa, Food laapectar. H. L. RALUCCiOTTI, D. V. Sj CITT TXTVanrAJOaM. 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 $7.75. 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 ARE USED. 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. SATURDAY MORNING Tjie Largest Exclusive Retail Millinery House In the West. Extraordinary Trimmed Hat Sale Saturday Investigate. 1508 DOUGLAS STREET. I'ae Alton FIohi Shredded Biscuits, pic. 10c Saratoga Flakes, pkg. 12fes. We franklv '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 V the with the approval of te consluerat housewife. Pure Borax, package, 10c. Campbell's Soups, can 8c. SUMMER BROS. 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- Spring Chickens, Average weight m to i lbs. Is Alton Kloar. ! Alton Floor. THE BENNETT COMPANY The Bualeat Meat flarket In Omaha. SATURDAY BARCAINS Genuine Spring Lamb '7an fore quarter Genuine Spring Lamb 1 C hind iiuarter No 1 Hugar Cured lOlc Hams 1 3W Kettle Rendered Lard 1 lr per lb Choice NatlN Bteer Beef 1 H(-.M r- Koaats Ilfw jw BASKMKST 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 7.75. nun in iipiumf wsr .Get Prices. Drop Your Orders for Groceries 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 Leavenworth Street. THE GROCER. 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! SCHAEFER'S CUT PRICR DRUO STOBB 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 X a a