THE OMAHA DAILY BEE: SATURDAY, JULY 9, 1904.
Y
t V OMd
y tioit
13
JAX FIGHT AT. STANDSTILL
Eailway Taxation 8uit Promises No De
Telopmcnt Until FalL
AWAITS THE RULO BRIDGE CASE DECISION
Attornrs for Omaha Real Estate Ex
chance Loam of Rnllns; y Com
mission Rejected by the
npreine Cout
Attorneys employed by the city In the
railway taxation aulta say they do not
expect developments of any kind until fall.
The case In the federal court has been at
a standstill ever since It was Instituted,
pending a decision by the Nebraska su
preme court. Involving; the points at Issue.
City Attorney Wrlsht and the special as
sistant attorneys, John P. Breen and H. H.
Baldrlge, agreed that action In the federal
court should be held in abeyance for a
decision In the Bulo bridge oase. This
adjudication was expocted Ions; ago, but
baa not yet been made.
It has been nude publlo for the first
time that Judges Luffle, Pound and Ames
of the supreme oourt submitted an opin
ion to the oourt regarding the Rulo bridge
oase which uphold the constitutionality
Of the law requiring local taxing bodies
to accept toe figures of the Slats Board
of Equalisation on railway assessments,
ad, therefore, against the oontentlons
of the Omaha Baal Estate ssobange and
the city. This opinion was rejected by
the supreme oourt and a request made
that the suit be argued. This was done
t fan and labar re argued by ths law
yen at another request from the oourt.
Knoe then the Judge hare had ths mat
ter under advisement, and, having ad
journment for the summec, sx-Judge Duffle
ays no opinion mj be expected before
the September term.
One Lrtesr Persisst
Attorney Breen said: The case In the
federal court has tain absolutely dormant,
an we have done being directed as In
terveners In the Rulo bridge osse, which
ts a ease from Blohardson oounty brought
by ths Chicago, Burlington A Qulncy rail
way to compel the oounty taxing authori
ties to accept the returns of the state
board. The soms points sa are Involved
In the suit to which Omaha Is directly
Interested, are concerned In the Rulo case.
Inasmuch as It has been the custom of the
United Status oourta to follow state su
preme courts tn the Interpretation of state
laws, we considered It best to spend our
ellort for the present ka the state supreme
court litigation. This we have done at
very opportunity and have endeavored to
expedite matters aa much as possible. If
the supreme court decides that the local
taring bodies may raise or lower the
state board railway assessments. In ao
eordanoe with looal atmadasds of value, we
consider our oase won. On the other
hand, a contrary decision would make the
look black to us, but we would pro
ceed to take the matter up through the
"United States oourta and fight it for all
It Is worth. Of oourae the rail roads mht
be expected to do the same thing If the
state supreme oourt decision is against
The suit brought by the Omaha Real
Xatate exchange for a mandamus to com
pel the city council to tax the railroads at
their fair cash value has been merged
With the Bulo bridge case so that they
are being considered togcthor.
Tho city taxes concerned In the federal
oourt suit, wherein the railroads seek -o re
strain the collection of the sums Juried,
amounts to 1358,000.
FLATS AND' COTTAGES GO UP
'Tmmmimt Movement la Building Is Pro
ajoaaorel TJnpnei dented ta Ana
suUa mt Omaha.
John McDonald, architect, has Just com
pleted plana for four new flats to be built
at Thirty-sixth and Dodge streets, at a
cost Of C5.000
The new Slrst Baptist church at Barney
street and Park avenue Is rapidly approach
.fng completion. Tne superstructure is now
about finished. The building will cost ap
proximately $40,000, The building Is of the
Italian renaissance style of architecture.
It Is of gray brick with stone faolngs and
fronts on Park avenue. The front Is orna
mented with a lofty portico, the roof being
supported with a stone ooiumn. and resem
bles somewhat the front to the local Bur
llngton depot. It Is expected the ohurch
will be ready for oocupenoy sometime dur
ing the month of September.
P. A. Benclnger, architect, la now work
ing on plans for the construction of a three
story flat on Twenty-fifth street Just north
of Chambers' aoademy on Farnam street.
The building will oost approximately $6,000,
Work on the structure will begin within a
few weeks.
Architect Hennigar baa now In band
about twentysflve dwellings that are In
various stages of construction, that ap
proximate In value from ti.000 to ,000. He
has also been recently designated as the
architect of the new oollege at Blair. Of
' the building outlook la Omaha, Mr. Hen
singer saya:
"It Is really unprecedented The
character of buildings is almost Invariably
f the highest order running for resldenaes
tt Values from tl.000 to 34.000 and 15,000."
BKHPICIDJB MOT A FiKA
tTaeoTleltW TwttmoaUli Tell of Its
aperkorifr.
Alt. R. K allay, residing at UM Devlsa-
dero Bt., San Frenolaoo, CsX, writes the
following:
"When I first purchased Herplclde, I
thought, like the majority of hair prepara
tions. It would prove a fake. I am happy
to state that, on the oontrary. It Is all, and
even more, than you claim for it. Quite a
number of barbers throughout the section
In which L travel have oalled attention to
the new hair sprouting out on my scalp,
and Inquired of me what I have been using.
I 'tell them 'Herplclde;' also give them
your name and address." Sold by leading
druggists. Send 10 cents In stamps for
ample to The Herplclde Co., Detroit, Mich.
Sherman & McConnell Drug Co., special
agents.
SAYS HIS PAL ROBBED HIM
Packing House Employe Is Knocked
V Doira and Loses Money aad
, Companion) is Arrested.
' W, C Wyrlck. a pecking house em
ploye, who lives at 2517 Washington street,
Bouth Omaha, was knocked down and
robbed of $34 about 1 yesterday morning
in South Omaha and Frank Qlrness Is In
Jail there charged with the crime. (
In reporting the matter to the police
"Wyrlck said that he had been drinking all
the evening with Qlrness and that he had
been furnishing the money for Glrness to
"rush th can."
"When I started home," said Wyfiok. "I
pretty drunk and had about all I
coui.1 do to keep on the sidewalk, Upon
Bearing a Tfark place not far from my
home, I was knocked down and kicked
by Ulrness and my money taken from ma
Being pretty full I could not put up much
cf a fight and Qlrness had little dimoulty
In getting my money."
After securing the money Glrness made
for Ms room no.t far front where the as
sault occurred, WhUe .Wyrlck found, his
way to polio headquarters.' where be made
a report. Captain Shields and Officer Bel
iou started after Glrness, ss Wyrlck was
confident he was the man who had held
him up. QlrneKS wss found without any
difficulty and was placed under arrest. No
money was found on him when searched
snd he stoutly denies having had anything
to do with ths holdup,
i Wyrlck says when Qlrness and he separ
ated for the night Qlrness made a quick
trip around the block and headed him oft.
This forenoon Wyrlck accompanied the
police to the place where the light took
place and on the ground lay two silver
dollars and some small change. The sup
position Is that Qlrness secreted the bal
anoe of the money. Glrness has a bad
reputation, so the police say, and does
not pretend to work.
TIN CANS AS AMMUNITION
Details of Battle Between Xelgbbore
Are Related la Police
Co art.
Rosa Reese and Emella Nicholas, nelgh
bors, living near flmt and Woolworth
avenue, have told Police Judge Berka Just
what made the earth tremble, and the star
grow dim in the southeast corner of the
city last Friday. The Reeia woman was
arrested on complaint of assault and bat
tery, filed by Mrs. Nichols, who is 78 years
of age. Mrs. Reese was fined 13 and costs.
She said Mrs. Nichols threw slops over one
of her ten children and then added Insult I
to Injury by going Into the former's yard.
Then it is said all peace relations were
severed by Mrs. Nicholas throwing a water
pall at the mother of many children, who
re ponded with a tin can. The score was
not kept after this, but witnesses declare
that many unkind words as well as blows
followed the flight of the pail and can.
RIGHT TO USE DEAD WALL
Judgfl Troup Holds That it Is Lioeose and
Sot a Lease.
WALLER PETITION FOR INJUNCTION FAILS
Several I'neipected Uw Points Cone
Cs for Settlement at the Hearing
of Case Against tne Gnn-
i
nlng System.
PUTS WIFE UNDER PEACE BOND
H. H. Var Bfehren Declares Dlvoreed
Companion Threatens Him and
He Appeals for Protection. '
Sarah Ver Mehren, former wife of H. H.
Ver Mehren. has appeared before Justice
Altstadt aa defendant In an aotlon brought
by her divorced husband, asking that the
woman be bound over to keep the peace.
She was bound over to the district court
on a bond of $300. This is another ohapter
In the domestio troubles of the Ver Mch
rens, extending over a period of four years
In Omaha. Several years ago the woman
was granted a divorce with 350 per month
alimony. Ver Mehren now maintains that
she meets him on the street and threatens
him.
JUDGES TO JAKE VACATION
Present Terra of District Court Prob
ably wiu Close Neat
Week.
Judge Day and Judge Sears will hear the
argument Id the Blngham-Broadwotl elc
tHt ccntest oase next Tuesday, and when
It Is disposed of It Is likely that the pmrnt
term of the district court will com to en
end. Judge Troup has locked himself In
his chambers to study and dedde the
Crelghton case, which he expects to dis
pose of early next week. Judge Sutton and
Judge Sears have cleared their equity dock
ets and the Jury courts are without a Jury,
so everything is In readiness for the sum
mer vacation to begin next week.
The document by which an advertising
company secures the right to paint signs
on dead walls Is not a lease, but a license,
according to the Judgment of Judge Troup
of the district court.
This opinion was given by the court yes
terday In denying the application of the
Waller Sign company for an Injunction to
restrain the Omaha Gunning System from
painting signs on the outer wall of a build
ing at Twenty-fourth and Cuming strorts.
Some years ago the Waller company se
cured what it was pleased to call a lease
of the wall from Mrs. Ella Brown, than
the nonresident owner of ths building.
After the pretended lease had run into Us
second year the building was sold by Mrs.
Brown to John I. Redlck, who later on let
the use of the wall to the Gunning people.
The Gtnnlng artists approached the wall
and proceeded to paint out the advertise
ment previously plsced thereon by the Wal
ler concern. Then came the application for
the injunction.
Nicholson Is Interested,
The Waller company, or which Council
man George T. Nicholson Is president, came
Into court with the assertion that It had
a three-year lease on the wall from the
former owner, Mrs. Brown. This was met
by the other side with the contention that
the lease was Invalid for the reason that It
was executed by the agent of the non
resident owner without the authority of
the owner In writing, whereas such written
authority Is required by law for the mak
ing of a lease for a term of more than one
year. The court held this point well taken.
Then the Waller people argued that as they
had entered upon the second year of their
leasehold, and had not been given the legal
notice of ejectment, they had a right to
stick to the wall. In this they were cor
rect, provided the stipulation by which
they were given the right to use the wall
could be classed as a lease.
Judge Troup, however, held that It was
not a lease, but merely a license, a personal
grant from the owner of the property.'
Further, the oourt held that a license does
not run with the property, but Is termi
nated by a transfer of the property to
another person.
not by me, but by others, that the head
quarters would be. In faot, had been lo
cated at the Millard bote! and even the
rooms to be occupied were carefully des
ignated, but I wish It understood that this
arrangement was never concluded. The
headquarters are at the Murray and we
shall be In them permanently after Mon
day.' We will get right down to business
and move things with energy and dispatch.
I think Secretary Allen will be at head
quarters a great deal of his time. That
is the purpose. I shall return the first
of the week and remain there."
II K. Wedding Kings. Edholm, Jeweler.
Raid on Cherry Trees.
Cherries are ripe! Harry Balcomhe. a
colored boy now In his fifteenth year, hns
been arrested on complaint of Bamuel Ca'd
well of Thirty-sixth and Howard street",
the charge being that young Halcombe
made a raid on the complainant's cherry
trees. There are said to have been several
other boys In the raid, but Balcnmbe was
the onlv one caught after giving Officer
Ring the chRSe or his life. And as Bal
combe ate the cherries It Is a question In
the minds of the officials whether the boy
will be charged with larceny, concealing
stolen property or simply discharged with
a reprimand.
.i . I
HEADQUARTERS AT MURRAY
Republican State Committee Locates
Permanently and Will Get
Down to Business
"The state republican headquarters have
been established In eight rooms at the Mur
ray hotel," said Chairman Burgess Friday
morning. "It was erroneously given out.
jnH ' im-iiiawnff.' n.i nwmm iiji.wwnw
Shoe the Boy
H With shoes that are made for boys-
Shoes that will stanB the hard knocks
a real live boy will give them.
$150
has always been a special price with
us on a special boy's shoe and It's a
anoe we guarantee. m
All anllri leather from the boIa un i!
You're making no experiments when
you buy this boy's shoe Special help
that know how to fit boys shoes.
DREXEL SHOE CO.,
1419 Farnam Street.
Omaha's Up-to-D4t Sbot Heust
Imperial Coanell nobles of the Mystic
Shrine, .
Atlantlo City, N. J., July 13-15.
The Chicago Qreat Western railway will,
on July t and 10, sell round trip tickets at
one fore, plus $2. to Atlantlo City, N. J.
Tickets limited to July 23. On return trip
stopovers will be allowed at Philadelphia,
Baltimore and' Washington. For further In
formation apply to S. D. Parkhurst, Gen
eral Agent, 1611 Farnam street, Omaha,
Neb.
Cannot Be Overdone.
Niagara Falls, ths most magnificent of all
spectacles, never grows commonplace. Let
your summer tour to the east Include
Niagara. The Michigan Central's Vacation
Tours for WOi gives full Information re
garding routes and rates. It will be found
a great, help In planning the summer holi
day. Address, with three red stamps, O.
W. Ruggles. Q. P. 4 T. A.. Chicago.
End ef Week Bramoa to Clear
Lake, la,
Via Chicago Qreat Western railway. For
trains Friday night and all trains Satur
day of eaoh week round trip tickets will be
sold at one fare to Clear Lake. Ia, Tickets
good returning on any train until the fol
lowing Monday. For further information
apply to S. H. Parkhurst, general agent,
1612 Farnam street, Omaha, Nab.
Homeseekere Rates e north Dakota.
Every Tuesday until October 9 the Chi
cago Great Western railway win sell round
trip tickets to points In the above named
state at a great reduotlon from the usual
fare. For further Information apply to
Geo. F. Thomas, general ageat, tfu Far
nam street. Omaha, Neb.
mfm
Return
St Louis and
For tickets good only in chair cars
(seats free) and coaches.
Dates of sale July 11, 18 and 2?.
Call on me for further information.
J. B. REYNOLDS,
City Passenger Agent,
1502 Farnam St., Omaha
MsM
nrB HAVE Just finished onr inventory and find our stock a
uuiu we tvuiuu i-tn.c. xo get n into proper
shape we have marked some of our li
at a figure that ought to please the purchaser and do the business
toi us.
NO
BETTER .
TIME
THAN
NOW
This is a genuine bona fide clearing sale, and if you have
waited till now, here's an inducement for you:
Suits for 10 that sold for $15 Suits for $12.50 that sold for $18
Suits for $15 that sold for $20 Suits for $18.00that sold for $25
EXTRA TROUSERS.
There ia no one thing that will do so much to tone up the old
suit as a new pair of trousers, and at the present price, iA
t$e3e2e3
for trousers that sold up to $6,50, should be considered mighty
good values.
Look at our windows and see what good things we are offer
JQjl &nd how reasonable.
"No Clothing Fits Like Ours."
groWnin- Kfos?;5:
R. S. WILCOX, Manager.
Fifteenth
and Farnam
tOjfl fir-
Fifteenth
and Farnam
Reductions in All
Departments for Today.
Heads of all departments have been instructed to effect im
mediately a complete clearance of all summer merchandise, no
matter what the sacrifice of cost may be. Tomorrow, great reduc
tions in all departments will commence.
100 Men's Outing Suits at $5.00
The suits we are offering tomorrow at this extremely low price are worth a great deal
more than the price indicates. When the prices are so low, it's plnin that you sometimes
have a tendency to doubt the quality or durability,' of tho garments offered and we
don't blame you. But you won't have any room for doubt when we tell you they are
bona fide values at $2.00 and $3.00 more than tins price. Made of fine cheviots and
homespuns, cut in a stylish manner and made one of the most useful sum- C: C
.... ,. VflS
i
mer garments known to mankind tomorrow
MEN'S STRAW HATS
worth 75c at ..
45c
MEN'S UNDERWEAR a great XtZn
value tomorrow at.... .. JJv
MEN'S SHIRTS
worth $1.00 at...
75c
MEN'S BELTS
worth 75c at... .
45,
Men's Canvas Shoes and Oxfords Special for tomorrow.
Canvas Shoea M $1.15 Canvas Oxfords . ..$1.00
Fifteenth
and Farnam
40.
n
Fifteenth
and Farnam
1
0NIM0D
The Gentlemen's Shoes
$3.50 and $2.50
The Shoes that are always In style
have that fine finish, workmanship
and leather, which is never found In
other $3.60 Shoes, but In those 15.00 and
$6.00 ones, can only be bought from
our store, 206 South 15th St.
Careful fitting Is our motto. We are
making special efforts to make the
ONIMOD better than ever, and In the
finest and snappiest styles.
Our summer Oxfords are all here
for you to select from.
We also make a genuine Goodyear
Welt Shoe for $2.50. ' Their equal costs
$3.50 elsewhere.
Recent Shoe Co.,
205. S 15th St., Omaha, "
1
Results of Last Week's Contest
For Bee Vant-Ad Knowledge.
8
NURSING
OTHERS
will find nothing equal for milk pro
duclng qualities.
V
CABINET
bas always been recommended by phy
sicians (or Its milk producing qualities.
It Is invariably used at the
INFANT
INGUBATQRS
throughout the country because of Its
unequal od milk producing qualities.
Fred Kruc Brewing Co.
Ontnnn'a Model Bsewesry.
Telephone 420. OMAHA
Answers to
Last Sunday's Questions
1 Who advertises "Carriages for
sale by 0 prominent manufac
turers, including their owu
" make?"
Answer Drummond Carriage Co.
2 Who advertises "Lessons in
shorthand free by best system
ever devised.
Answer ltohrbaugh Bros. C. C
SJWho advertises "Just 15 bar
gains in farm and city prop
erty." Answer Omaha Real Estate and
Business Chance Agency.
4 Who advertises "That they are
the oldest concern in their line
and always try to please their
patrons. "
Answer Omaha Mortgage Loan
Company.'
5 Who advertlse"Hie,h grade hew
pianos at (140, 1G5, $185 each
$10 cash and $5 monthly."
Answer Schmoller & Mueller.
6 What company advertises to be
the "strongest In the world?"
Answer Equitable Life Insurance
Company.
7 Who advertises "To make old
silverware good aa new?"
Answer O ma ha Plating Co.
8 Who advertises ''New- electrlo
lighted 7-room house with 2 lots
In Benson for $1,700?"
Answer Benson & CarmichaeL
9 Who advertises "Racine Wagon
& Carriage Co. stock?"
Answer Johnson & Dan forth.
10 Who advertises "To write If
you want to buy, sell (or trade
any business?"
Answer The Abbott-Cowan Co.
lr-Mlss May Bewail, Eighth and
Francis Sts.
Prize, Cash $6.00.
2 Mrs. Qeo. McCord, 1623 Kyner Ave.
' Prize, Bet of Dishes, $6.00.
-Mnud McHenry, 17a Lake St.
Prize, "Living ' Animals of the
World," 3 vols., $3.50.
-Percy Hall, 118 . North 39th St.
Prise, "Life of Napoleon," I
vola, $3.50.
6-J. L. Johnson, 301 North. 13th St,
South Omaha. '
Prize, History of the U. S 4
vols., $3.60.
6- T. K. Bonde, 131 South Sat St.
Prize, Book worth 60a.
7 F. J. De la Vega. 8836 California. BC
Prize, Book worth 60c -t
C. L. Metsger, 06 Farnam BC
Prize. Book worth 60a.
a. A O'Berg. SOS South 37 tt BC
Prize, Book worth 60a
10 M. Marx, 14 North 33d SI
Prize, Book worth 60a.
11 Frank Ltiidstrom, 'Jbti Beward St.
Prize, Book worth 60a.
11 All c. M. Smith, 3413 Brintel Bt.
Prize, Book worth 50a.
13 Mrs. Anna J offers. 1G2S Emmet St.
Prize, Book worth 60a.
lf-Joha LovegTen, 632 North, 41st Ave.
Prise, Book worth 50c.
16 Carl Planck. 1620 Madison Ave.
Prise, Book worth 60c.
16-Wm. Koakovec, 133 South. IStk St.
Prize, Book worth 60c
13 Joe. Monies, 3204 Cans SI
Prize, Book worth 60a
18 Mrs. Q. T. Sprecher, Norfolk. Neb.
Prise, Book worth 60a
18 Raymond StxomberK, 1321 South,
3kth St.
Prise, Book worth 60a
30 Wm. Mattes, Vinton St.
Prize, Book worth 60a
O Louie Butt. 3123 Corby St
Prize. Book worth 60a
23 Hugh Kidder, 4140 Bnraett St
Prise, Book worth 60c.
23-Olenry Nygaard. 610 South 84th St.
Prize, Book worth 60c.
34 Patrick McCloskey, 1813 Burt 8C
Prize, Book worth 6ua
25 C. K. Kroh. 2116 Eiauet St.
Prise, Book worth too.
S
TERRILL
SELLING
OUT
At oive-half
of cost price
Entire Stock Must
Be Sold by Rug.
1st.
MP0RTED DRESS GOODS
$ Silks, Laces and Trimmings.
Sacrificed at an
unheard of price.
5L
ANOTHER CONTEST AND MORE PRIZES.
Watch for Announcomont
in tho FJoxt Sunday Bco.
HHIUI.mLIJMI
In tbe Rosebud Indian Reservation
Opened for Settlement
JULY 5th TO 23rd
Special reduced roundtrip tickets on sale July 1
to 22 good returning till August 31
Apply at City Offices, 1401-1403 Farnam Bt,
Omaha, for descriptive pamphlets.
Trains for Bonesteel and Fairfax leaVe
Union Htation
at 8:05 a. m., 2:50 p. m.,
11:50 p. m. The chance
n J?
S