THE OMAHA DAILY T.KK: THt'IfHOAV. NOVKMBKn -2(1. 100.1.
VERDICT IN BARTLEY CASE
Jurj At an Early HcnrTbia Mom n Agree
and B1 Up U Document
nit; reliable: iToitE,
WO
COURTS RUIINGS fAVOR THE BONDSMEN
t H llrlil HeapoaalMe for
Mntr Oeroltorr Raaba Which
Hare tifaen ih tteqalreH
Bffnd la Mate.
Despite the (art thai the rw ugallift th
wndemen uf furnii-r State Treapurcr Hurt
toy, who defaulted. In now on Iih tlfth trial
in the local courix, u new law point was
Voived yesterday which occupied th
oourt and attorney for several linnrs, the
eontentlon of the attorneys centering, about
tha question of certain Instructions to the
Jury which the defendants had asked the
ocurt to make. The law point about which
this contention wn nafi-d Is Involved In
action S of the depository law. of he
state of Nebraska, which reads as follow:
Provided, that no treasurer snail le liable,
en his. bond lor inon-y in deposit In any
baiia uii.ier and by uircctioM 01 the prnr
U(t: authority, if anul dank has Ktven
bonds.
The defendants clulm that under the
above section of the d.pusltnrj l;iwi. which
srovliles for the depositing of state fund In
bank giving depository bonds, tha. the
fflelal bondsmen of state treasurers are
beolved from all liability for funds after
Uie eame have been deposited lit auch de
pository banks, and thilt therefore they
would net be liable under this section for
the Item . of S2I1.WM.0S on deportt In the
Omaha National bank a state depository
and checked out by Hartley on January 2,
la7, a few days prior to the close of his
second or last term 'of office.
This point has never been raised before In
thin case. After a lengthy argument upon
the point.' Judge Baxter decided that the
contention of the defendants la correct ami
that under section 3 of the depository laws
Hartley's bondsmen a re absolved from lia
bility on the Item of IJOi.SM.Oo which was
on deposit In the Omaha Natlonul bank.
Acting In accord with this decision. Judge
Baxter has Issued Instructions to the Jury
n this point, in the following language:
Ym are Instructed that under the evl
doncs In this case the defendants are not
responsible for the transactions between
Joseph H. Hartley and the Omaha National
bank, involving the making hv Hartley to
said bank of a check for t3il.KM.C5, and the
payment of said check by said bank, and
you wtll disregard that Item In the state's
claim.
. Tht cane goes to the Jury upon the claim
f the state for the balance of the short
age of Hartley as claimed, amounting to
i-'5,M7.W. It is left to the Jury to deter
mine whether snld shortage occurred dur
ing Bartley's first or second term of office,
the defendants being liable only for what
ever shortage, outnlde of the Omaha Na
tional bank Item, which arose during Bart
ley's second term.
During the afternoon arguments on the
case were completed and the case was
submitted to the Jury before the court ad
journed for the day. About 10 o'clock the
Jury returned a sealed Verdict, and was al
lowed to separata for the night. Judge
Visiter will receive the verdict this morn
ing. .
j Dam ne
TODAY, THANKSGIVING DAY
OPE
on
Tliis store will be
noon, please do your
before that time.
closed at
shopping
FRIDAY'S
BARGAIN
SALES
Don't be guided by sham prejudices. Or
der Champagne according to your own good
taste then it'll be Conk's Imperial.
EXCEL THE ALPS AMD HHISE.
Is Attractions la the Alleghewtes
Wklck Are Vast I'alatlags.
Travelers abroad and In America aver
that the changing foliage of the; Alps or
along the Rhine does- not compare with
that of the Alleghenles. Those famous at
tractions of scenic America along the route
of the, Pennsylvania Lines are vast paint
ings by nature. On the ascent from the
west. Johnstown, risen from the flood of
lt, la typically America. In Europe It
would be ruins. Beyond Johnstown the
train follows the Conemauzh to scenic
splendor around the Pack Saddle; then
crossing the summit of the Alleghenles at
Creason, 2,0 feet above the sea, the trav
eler looks from the brink- upon ttie wild
Allegrtppus; then around the far-famed
Horse Hhoe Curve on the brink of another
mighty chasm, through Altoona, the moun
tain workshop of the Pennsylvania Rail
road; along the banks of the Juniata, and
ever the Susquehanna on the greatest stone
bridge In the world to Harrlsburg, Balti
more, wasnington, t'nlladelphla. New
York, passing through thriving towns and
,a farming section famous for well tilled
land.
a. IB. Llaeola mu4 Itetara.
' Via Burlington Route.
For the Illinois-Nebraska foot ball game.
Tickets en sale Nov. 16; good to return
Nov. 17.. ....
Train- leaves st 1:50 a. m. Returning
leaves Lincoln (H) p. m. Tickets, 1502 Far-
Aaansaceaneats ef the Theaters.
This afternoon and evening at the Boyd,
"In Old Kentucky." the great Jacob Lltt
production, with Its wealth of scenic and
mechanical effects, its pickaninny band,
and Its tremendously exciting horse race
scene, will be the attraction. This piece
has been kept up to date by the addition of
rew features each year, and is now as
fresh when It was first presented, and
( li popxiUr.
On Friday the great Hartley Campbell
play. "The White Blave." will begin its
engagement.
The Orpheum bill this week is a bright
and happy mixture for a holiday. It having
been especially calculated by the manage
ment for' the Thanksgiving attraction
matinee 'and night today. Rousby's spec
tacle, "In Paris.1 Is the moat brilliant ever
seen at the Orpheum, and the three Crana
brothers and half dosen of the other fun
makers can create enough laughs to make
a ld digester for turkey dinners. The
Sale of seats In advance has been very
large, and indicates clean Sell-outs at both
performances.
. , , Darlas; Xeveaalter
A handsome water color , photograph of
yourself Included free with each order of H
r ever. Omaha s beat water color arUst
does the work, insuring tha quullty b Ins
the best. Btonecypher, photographer. IB J
Foment street.
In diamonds A. if. Hubermann has no
competition.. He Imports none but white
gems, and did It before the last raise of 10
per cent took place. Look at them.
9X18, l.laeola aad Hetara.
Via Burlington Route.
- For the Illinois-Nebraska foot ball game.
Tickets on sale Nov. 26; good to return
' Nov. IT. (
Train 'leaves at I SO a. tu. Returning
leaves Lincoln 6:00 p. m. Tickets. ldt: Far
nam St
, Horse covers mad, to lit your horse.
Omaha Tent and Awning Co.. 11th and
Harney streets.
Don't Scold
Irritability ts nervous arrWtlotv
Utreirurtlien the nerves wlib. rr. Miles
Nervine. 81ep better, vat better, worg
better, feel better, and be belter. Bold est
ao..r&nt. book mi nerves for postal.
, 1H. JaUJLtt MjtJylCAl. CV.. KiU. 1.4.
Special Selling Events for Friday.
LACES AT 2hc and 5c YARD
Hundreds of all kinds of fancy wash laces that have Hold
up fo 25c a yard, in all width, as lou p Eiri
as they last Friday, at. ., -W gCOC
DRESS TRIMMINGS at 2c YD.
Fancy beaded and iridescent trimmings, in all colors, some
spangled effects, worth up to 20c a yard, Or
Friday, al , yard . . . .
CHILDREN'S UNDERWEAR AT 5c and 15c
Heavy cotton and part wool vests and pants, all small sizes,
worth up to :" each, 'CSV ICf,
Friday, at .'. ...... O C -1 0 C
PEARL BUTTONS AT He DOZ:
Fancy pearl buttons, assorted si7.es, on silver 11 r
cards, Friday, a dozen I 2C
CHILDREN'S WOOL MITTENS AT 26 PR.
Infant's and children's black and colored mittens, On
all wool, Friday, a pair J4 W
50c and 75c CORSETS AT 15c.
Fine sample corsets, in black, white and colors, nearly all
sizes, 50c and 75c quality, Friday, g
llw Vs
FANCY HANDKERCHIEFS At Ic.,
Ladies' and children's fancy colored handkerchiefs 1 '
special for Friday. 1C
CARPET SAMPLES, 15c EACH.
All wool carpets, yard lengths, new and 1 C?
desirable patterns, Friday, at, each. . . . ; IOC
WATCH
OUR
WINDOWS
J
L
.. "F m- Wt u. m m m wm
II - K a.1 M 1 D II isal bsbbbbW L. aT
WATCH
01R-
colm WINDOWS.
AGAINSTn street sign plan
Heal Katate Kachaas; does o Record
as Opposed to Advert Isl as;
Propositlea.
Ths street sign advertising contract
roeelved the most earnest attention of. the
members of the Real Estate exchange at the
regular meeting yesterday and on a stand
ing vote only three were found to favor
the ordinance J. W. Robbtns chairman
of the committee appointed to wait on ths
council committee Monday afternoon,
reported that.no quorum of the council
had been present, but that by presenting
the case to Individual members, a stay in
proceeding of one week had been obtained.
Mr. Robbtns said that it had been reported
that he was the only member opposed to
the contract, aad he wanted the entire com
mittee to" turn out.
"The ordinance is very defective." said
A. O. Charlton, "because It doesn't fix the
corners where the signs are to be placed.
It was the contention of Mr. Fairish with
whom I talked, that drivers for the de
partment stores and other could not find
their places of destination because the
streets were not marked. The new con
tract would, lie said, fix that. But there
Is nothing In the ordinance which requires
them to place the sign at every corner.
It la left to their discretion, and they might,
say, place them on Farnam and Douglas
streets and leave the streets that need them
without signs."
President Q. O. Wallace spoke against
the contract, saying that It was giving a
franchise to use the public street for ad
vertising, which was a thing which should
he guarded against. M. J. Kennard argued
against the ordinance on the ground that
the signs would be of no advantage and un
sightly. F. D. Wead saldthat such a fran
chise was of value, and if It were' to be
given It was very probable that a much
tetter price could be obtained by advertis
ing for bids.
On motion of members of the committee
on Irrlttatlon the secretary was Instructed
to ask 8cretary O. H. Maxwell of the na
tional eocloty for Information as to the ex
penditures of the organisation. O. 8. Rogers
was elected as a member of the exchange.
After the business session the members,
because of Thanksgiving time, were enter
tained by Z. D. Clark, who sing and played
his banji; by Henry Payne, who read a sea
sonable poem, and by B. A. Benson with
some stories.
FREE SODA
Saturday, Nov. 2th. we will give with
every purchase of 5c or more, a gl a as of
so.1a water. HOT OR COI.D lee cream
Noda or ANY OTHER OLD klND, Our
expert dispenser, Mr. Haundera, will be In
charge and every one will be waited upon
courteous! and promptly. Remember the
2K' .nYfe'"?4 V 'u28' N. W? Corner
2tlh and N streets South Omaha.
1 pound O'Brien's Hnarhound Cundv '. 12o
1 pound Douglas' Hoarhound Candy ,'.Ua
t.m ller's. Malt Whiskey iJ
l.(Wi Pure Canadian Mult Whiskey. !..;-75e
" guarantee Canadian Malt to be HO
per cent proof.
II. 00 Peruna " jo-
Rlood Wine . Zk;
I quart, 33 ounces, Kirk's Dandruff ' '
Cure
50c size Dr. Maas Face Salve No.
27(840 t 2o
Kvery lady in Omaha and 'south dmaha
who has ever used this preparation will
have no other.
ftoc Doan's Kidney Pills 40c
$2.00 Chester's Genuine Pennyroyal
Pills , II 00
25c Laxative Bromo Quinine .15c
CUT PR ICE
DRUQ STORE
E. T. YATES, prop.
lth and Chicago 8ts., Omaha. 'Phones
T47 and 797. 241 h and N Sts. . ouih Omiha.
'Phone No. 1. All goods de.ivered any place
in tllher city.
SCHAEFER'S
Alfred Cornish & Co.,
12 IO Farnam Street.
HIGH-GRADE BLANK ETff AND ROBE.
tots? ay j&fr
" STIC LIKE
' . a POSTAfcS STAMT.
ELBOURN . EXPLAINS THE ROW
says He Parpeselr Igaered Xl'maaaw
iu Order to Preveat Defeat
f Resolatlea.
.... . ' I
City Clerk "Elbourn has made a statement
further explaining his handlliur of the gas
contract teso'.uilon September 2. He says:
"The rules of the council require that
the president sha'l sign all ordinances, re,
olutions and documents acted upon by the
council, not specifying whether it shall be
done before or after the mayor puts his
signature to the same ' papers. Neither
state nor city law require the president's
klgnature to make a resolution; operative.
In other words, his signature is & m.r.
matter of form and In substantiation of the '
ciera a certtneate thn the document is cor
rect. ,
" "In the case of the gas lesolulion I have
no apologies Jo make for the may I baqiled
It. I knew that Zlmmia was opiosed to
the extension of the contract and favored
an electric light monopoly. I kttem also
that preparations were being made for an
Injunction to hold lck the gas rtwolutlon
If It was adopted. Whea It was adupte.1
the will of the council was plainly ei
prvssod. .U s my duty to do the bidding
uf this body. Havisg owledge of the
nght uiKn the resolution.' I considered it
pari of my duty to put the document In the
hands of the mayor for his signature at the
earliest possible moment. The law does
require his name attached to a concurrent
resolution before It ts binding. n al
purposely run by Zlraman to prevent the
courts thwarting the will of the mayor
and council.
"The differences between President Zlm
man and vmyself dute back to a year ago
last spring when he attempted to have the
wages of my stenographer reduced, saying
that a person as competent could be ob
tained for less than half the money, or $40.
In turn the stenographer. Miss 8cheut'k.
has permitted Zimman to make up his own
reports, and since then more or leas Un
feeling has resulted."
New Uersa Destroyer.
. Dr. King's New Discovery kills consump
tion and grip germs; cures coughs, co'ds
and lung troubles or no pay. Sue, tl.uO. For
sale by Kuhn A Co.'
. sa.tn, l.laeela and Hetara.
Via Burlington Route.
For the Illinois-Nebraska foot ball game.
Tickets on sale Nov. X; good tu return
Noy. 27.
Tfaln leaves at 1.50 a. m. Returning,
leases IJnruln :0i p. m. Tickets, 1J02 Far
na:n t
Uo t7ill Closo at Qoon
TIlflCJK
Uotclr for fho Friday list
I
S
SGuDG.
of Porgoins
It Wasn't
a bum steer
when the 'Tex
as Steer' advis
ed the Knights
of Ak-Sar-Ben
to see Nicoll
for tbeir tailor-
S i made clothes.
I i A 11 isn't every
I flfrSU have 1,800 pat
terns to select
from, and it's
only atNicoll's
that you can
cet your suit
3 days after ordering. Made
in Omaha by ' Omaha tailors,
and Nicoll's guarantee.,
t
Special zero prices on suits
.$20, $25. $30 and $35. Over
coats, $20 to $50
num.
- : UP
M
TADLOai
!. 209-21T South I5tb SL
!
FRED PAFFENRATH, Manager.
if pi :
You find ' Vb' have
' the fho
ICE SKATES
We're Thankful
We have been able to please so
many people with our shoes, and
we're doubly thankful that we can
offer you a boys' school nhoe that's
not only a ftrnt-clas school shoe but
an Ideal skating shoe. The sole and
heel are extra well made nnd put on
so that they cannot be pulled off by
skating.
Heavy grnin calf urpcrs sail
cloth lined wide e tension edge sole
and full round toe.
Boys' sizes. 2V4 to 6 $2.60
Youth's sizes, 134 to 2 12.25
Little Gents' rlzes, 10 to 13 $2.00
DREXEL SHOE CO.,
1419 Farnam Street.
Omaha's Un-to-Dats Shot House
Thanksgiving Fixings
for Men.
Sec our famous "Nebraska Special"
a 2.50 man's hat for $1.50, stiff and
soft, all the new $1 F
fall shades ..." I.kJKJ
Men's Fine Neckwear, 45c
We have on special display In our neckwear deportment the finest and snnnid
est line of men's neckwear ever seen In Omaha 4
they are strictly tip to the minute reaulitr seventy- Zl
live cent value tomorrow for t W
Men's High Grade Shoes, $2.50-
Ion. t pay shoe stores $3.00 and $3.60 for shoes when vou cun r r.
buy shoes like we offer for $2 30, made of patent colt, dok A, T
, calf, vfel kid and velour calf. $3 and $J.0O values, for , KJJ
Men's $1.50 Gloves, $1.00
' Cur Nebraska Bpeclal." the best dollar and n half alove made, we sell for a
dollar perfect fitting- well sewed In the latest similes 4 a
or browns and tans, every pair guaranteed to I II I
give the most perfect satisfaction at
i he w
nnett Company
trpn n ana
ifteBitianumiM .
TFianiiCisi
WE CLOSE AT NOON.
PERFECT DIAMONDS
Kxquisltely set In ring or Vrooches and at modcraf
prices, is what we offer for your Christmas selec tion
Good Investment See for yourself.
2JVWTTTN2?EW'&lV5rjl.2f CO.;
A full line of
Barney-,& Berry's
all alzca-all kinds
Jas, Morton & Son Go.
1511 DODtiE STREET.
Scroll Siwt.and Cutlery.
Ebony
Toilet
Goods
Cur stock of Ebony Toiletware Is
r.ow In. It Is the most complete line
e have ever shown and the most
reasonable In price. -
Brush, Mirror and Comb Sfta, 8hav
ina; Sets, Manicure Bets, Travellna;
Cases for ladles and entlemen, and
Individual pieces.
It will be a pleasure to show them to
you. '
BROWN & BORSHEIM,
222 South 16th Street.
A FOUNTAIN PEN
always makes an acceptable Christmas present. We have
a a-ood pen for $1 a very good one for ti.2n and $1 0
Waterman pens. $2.60, $3. $3.60, $i. $5, gold mounted 'uii
to $10. livery pen .we sell Is guaranteed, you know 'our
reliability. rJpend a few minutes In our store. Iook for
the name. ;
S. W. LINDSAY, Jeweler and Optician.
If 10DouKias5tret.
Teeth Cleaned, 75c
Crowns (22k). $5.00
Set Teeth, $5.00
The best Id none too good for
you. We give you the best and
charge you only a fulr price.
All work guaranteed.
Taft's Dental Rooms.
1017 Douglas Street.
TAFTJ
w
as I I AN 11- afe
PCIKTANI'K I hat I h .
artl.-l.. yi,u wlnh lo pr.
nt .hall ha,K hr-auly,
1nlh sn1 quality al a
prlro aa low aa II la ,m
alble to h!I tli.m fur
' k've t!im.
.
taWatfMMi
.vi!sse
lied W oris U
i .
(
8. R. Pstlen, detitist. MvCugus building.
Did
you
win a
prize
last
week
?
Another
chance
at
200
more
prizes
Last week's contest excited so much interest that
200 more prizes are offered this week to those, who
find the greatest number of mis-spelled words in
our Want-Ad Pages. The contest starts with the
issue of Monday, November 23 and ends with that
of Sunday, November 29th. Read every want-ad
carefully and get one of the 200 prizes.
r sssswlksSJSt sWsWswsVSsSsswm fAM
The Prize i i
The Prize
PrUs Vlue
let 110.00 110.00
2nd 1 Dinner Set ..... ...... 10.00
3rd 1 Din tier bet 10, U0
1 Set "living Animals of ths A
6.00
6.00
The Conditions
1
4th
5th
6th
7th
8th
9th
10th
World
1 Het of Napoleon"
mree. vuiumti ....
1 het "Ufa of Mapolaos
thiae voiuu.e
1 Copy "Ureat Hctures by a rn
deal Painter"
1 Copy 'Jieat flclures By
Ottdi Calmer" '..
1 Copy 'Ureat Pictures by
Ureal Valntera"
1 Copy "Uiaat Pictures by
Ureal Painters"
JJJj 1 ('"yy "Mother Uooae Paint
12th 1 Cor',y "Mother Oooae Paint'
13 th 1 to''.1' "3Jo,her 0ose Paint"
jjJj 1 Copy "Mother Oooae Paint
15th 1 "Mother Qooaa Paint
16th to 25th5!orwlhD "Bd Novel'12.50
26th to 35th 50?rhuj, 7. 50
36th to 50th Sl?hM.iui 15.00
1.50
1.50
1.50
1.25
1.25
1.25
1.25
1.25
5 1st to 200th i",?1"-
200 prizes M.
....75.00
mi . c r
i
Ths person finding ths greateet number
of mis-spelled words wll 1 be awarded tha first
prise. In case of a "tia", the person mail
ing answer first, according to ths postmark
on ths envelope, will bs given preference.
All answers must be sent by mall.
Cut out the advertisements and paste them
on a sheet of paper. Underline the mis-spelled
word with a pencil or In k. and write your
name and address at th s top of the sheet.
No person connected with The Bee Pub
Ilehlng Company will be permitted ti enter
this contest.
No abbreviations will be coanted as mis
srslled words.
The lut edition of Webster's dictionary will
be taken as authority.
Cut out ths ads each day, mark the mis
spelled words, paste the m all on a BIN'QUS
sheet of paper and send the wbols thing In
complete after you have studied the Sunday.
November 2tta sdlUoa. tjn't send in your
answer until ths end t ths week or they
won't be counted.
If a mis-spelled word occurs In aa adver
tuemeni wtucn appears mors than onoa,
put only - one copy ef ths "ad'sa your list.
tl
Send all answers mail, addressed "Want Ada" Department,
Omaha Daily B ee, Omaha.
WiMi rP'i'filM x. S. A V iA. aV. A.
ys 7