Omaha daily bee. (Omaha [Neb.]) 187?-1922, July 09, 1904, Page 7, Image 7
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