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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 9, 1905)
TID-: OMAHA DAILY BEE: SATURDAY, DECEMBER ' 0. 7. 1 I CSS SSSVf WE CLOTHE YOU ON W offer you all tbe credit you want OpMl n BOCOUDt with us and enjoy alt tbe advantage of the "Palace Credit rian," which la proving such a help to thone who hare not all the ready cash to pay down. Prices Absolutely Below All Others We claim absolutely and positively that there la no credit house that aella their clothing as cheap as we do. Suits and Overcoats $5 to $25 S PECIAL FOR SATURDAY A High Grade Fancy Vest Worth S2.50 With Each Suit A New Department WATCHES on CREDIT A more appropriate present than a Watch could not be thought of, and our Dollar a Week Credit Plan enables persona in all circumstances to gratify the wishes of their loved ones. To introduce the new depart ment we shall quote the following low prices: LADIES' GOLD WATCHES 0 size 20 year gold filled cases, warranted to wear and not change color for twenty years written guarantee, fitted with Elgin or Walthan movements, 15 Jewels, 1 ft C( Boss case. Jeweler's price 20. I A Jill Our price IU.UU Men's 20 year guaranteed royal hunting case. fitted with Elgin or walthan movements. Boss case. Jewel er's price $25. Our price 18.00 Others Up To $40.00 Clothe Yourself for the ! Holidays S1 a Week Will Do See Our New Watch Dept. Our prices will compare favorably with any cash Jew eler In the city. J OUR LETTER BOX. ' Release of Hartley Bondsmen. OMAHA, Dec. 8. To the Editor of The Be: In your editorial under the caption, "Release of Bartley'a Bondsmen," occurs :hi paragraph: The most scandalous cart of the whole . justness was the gross neglect of former , Mtorney General Smyth to take steps to- sara enjoining tunirjr o sureties irora mo transfer of their properties Immediately ifter the magnitude of the Hartley embes :loment had become known. . The legal profession well understands that no court of equity would grant an injunc tion In such a case, but laymen may not, hence this ' letter. It would, indeed, be a novel proceeding- if a plaintiff could enjoin a defendant from transferring any of his property pending a suit against him upon a claim which he denied. For such a course there is no warrant in the decisions of the supreme court of this or any other state. Few. men would consent to sign bonds if they knew that in case of default on tho part of their principal a court of equity might enjoin them from handling their property during the litigation. The legisla ture baa provided for the attachment and Impounding of a defendant's property in certain cases, but not In such a one as we are considering. I found it difficult enough to induce some of the trial judges before whom I appeared In this case to recognise and enforce well defined and firmly fixed principles of law without asking them to adopt new ones. To In Everybody's for Christ mas, Lawson shows the ter rible wickedness of business jwar triumphant Russell shows a stronger ,and a better power the power of men working for the com 'mon good. O. Hsnry shows the funny fside. Booth Tarkington the ' 'romantic. Other writers ha. e interesting stories of Carist mas and other subjects. Everybody's for everybody that means you. F.verybody's Msgaane IS cent Jl.50 a year U1 MfrHnUtlm wantee tor liinxtr s Vuuim is Mwn wken uis tie a smli. Crowell's De Luxe Standard Authors Baliac, Dickens, Eliot, Hugo, Irving, Poe, Ruskln, Scott and Thackeray in In illustrated editions, bound In spe ilal cloth or extra half calf. IDEAL HOLIDAY GIFTS. Bend for circular. T. Y. Crowell ft Co., Naw York. illustrate: On one occasion I sought to ascertain what stock one of the sureties had in a certain large corporation doing business in Omaha. A representative of that corporation appeared in court in re sponse to an order to do so. I asked him whether or not this surety owned any stock in the corporation which he represented. He answered no. When I sought to Inquire further, being convinced that the statement was not correct. I wa stopped by the court and told that I was bound by the answer and could make no further investigation In the matter. Many times the trial Judge on whose docket the case was for a time, re fused to enforce the plain letter of the statute commanding him to advance tho case for trial. You have not forgotten, I am sure, that three judges of the Lancaster county district court, sitting en bane, en joined me from trying the case according to any principle, new or old, and that the only way in which I could get a trial of it was by disobeying the injunction. This I did, as I thought It was my duty to do, and thereby took my chances of disbarment, fine and Imprisonment for contempt. In view of this what little hope would there be of my being able to have the courts make new application of equitable principles even if I were entitled to it, which I was not. Another and stronger reason, perhap. why an Injunction could not be obtained Is that a bond would have to be given by the state. This bond would have to be in the sum of $300,000 or $300,000, probably. Without such a bond the Injunction would be liter feotive. The legislature made no provision for such a bond. How could I have procured one? It was absolutely impossible. But suppose I had secured the injunction. The result of the litigation would be pre cisely the same as it is. Obtaining an in Junction eight years ago would not have prevented tbe decision the supreme court has Just rendered in favor of the bondsmen The bondsmen having won, the injunction would necessarily be dissolved, and then the sureties would have a right of action against the state upon the injunction bond for their damages. Consequently, Instead of the state collecting from the bondsmen $700,000 or $800,000, the bondsmen would be suing the state for perhaps that amount, with a fair chance of recovery. Another fact which you seem to overlook: During my Incumbency of the office of at torney general, the district court of Doug las county. Judge Fawcett presiding, ren dered a Judgment against Bartley and his sureties for $742,000. The sureties took the case to the supreme court, where the ru! lngs of the lower court were sustained In every particular except one, as appears from the report of the case in 58 Neb., 40. The bond upon which the lower court was reversed affected $300,000 of ttie amount, but did not affect In any particular whatever the balance. The facts and the law with respect to that balance were established by that Judgment beyond the peradventure of a doubt, and thereby the state was given tho absolute right then and here to a Judgment for at least the amount of that balance, er about $300,000, principal and Interest. The case came back to the district court for trial. Before it reached there my term of office expired and I gave way to my suc cessor. In view of the foregoing I am entirely willing to leave it to your readers asto whether or not I was guilty of any neglect, gross or otherwise. In the prosecution of this case. C. J. SMYTH. divorce. In this case certain depositions taken In Minneapolis, Minn., have been filed, but the papers In the case were withdrawn from the files at once on being docketed. CRIMINAL CASES COMING UP I'nlted Mates District Court Will Begin with H. Marowlts on Saturday. The trial of the civil dodtet In the United States circuit court Is practically concluded and the district court cases of a criminal nature will next come up for consideration, before the petit Jury. The jury has been excused until Satur day morning, when the case of the United States against H. Marowlts, a pawnbroker at 41$ North Sixteenth street, will be taken up. Marowlts is under indictment for purchasing government property in vio lation of the federal laws. The particular offense with which he Is charged is that of buying a Colt's revolver, the property of the United States, from a soldier. After this will follow a number of minor cases. which will be speedily disposed of. The next case to be called will be -that of Phillips & Johnson, which is set for Thursday, December 14, who are charged with cutting timber illegally from govern ment land. This case has been pending In the United States courts tor over a year and arises out of an appropriation ot Blackbird Island, held to be property of the Omaha Indian reservation, by Phillips A Johnson through a homestead filing made in Iowa, on the ground that the (aland was Iowa property, but which was afterwards ascertained to belong to the Nebraska side of the river, and a part of ths Omaha In dian reservation. The government holds to the position that the Island was taken possession of by the defendants for the ostensible purpose of denuding It of valua ble timber, which they partly succeeding In doing before the absolute title to the property was determined after a long inves tigation. The next Important case will be that of Thomas L. Sloan, former United States commissioner, indicted for rendering a false account while an officer of the government. SMILES IS ME COURT ROOM Seme ' Bipplas on tho Placid Proceedings Befora Judge Esdick. QUESTIONS AS TO htRtAFTER RULED CUT John L. Webster Advises Witness ftet to Reply Beeanse Even Wise Men Differ as to the . Answer. Several flaxhes of brightness Illuminated the dull generalities of a street railway company damage suit In Judge' Redick s court Friday. The occasion was the trial of the case of Benjamin Telpner, based on personal Injuries alleged to have been bus- I taincd by his little son. The first witness to make tho listless court habitues sit up and look was Abey Rubinstein, who is not very much larger than an old-fashioned loaf of homemade bread. First Abey was asked if Attorney Gross, the claim agent of. the city railway company, had been to see him. In asking this question Attor ney Zleglcr referred to "this handsome gentleman sitting here." Attorney Gross at once took exception to the levity of language of his' brother attorney In asking the question. He said, too, sarcastically, that when It comes to facial beauty Mr. Zlogler was In the pier pont Morgan class himself. "Now, gentlemen," said Judge Redick with twinkling eyes, "you must possess your souls in patience and exhibit toward one another the perfect courtesy the ethics of the profession demand. We are not going to try here the question of personal beauty." A bey's Idea of a Hereafter. The gathering storm at once spilt up and was dissipated, and the questioning pro ceeded with reference to' the) philosophy of goodness, truth tolling, as opposed' to the danger and punishment of sin. "What would happen to you, Abey, if you were to tell a lie here?" "I would be put In Jail." "What else wouid happen to you; I mean If you should die?"- "1 would be burled deep down In the ground, and when God found how many sins I had maybe I might be turned Into a horse, but if I was good I would be an angeL" Abey was allowed to testify about the accident. Later on a second Abey was put on the stand, even younger and smaller. He was Abey Finkelsteln,' and Mr. Connell started to qualify him as a' witness. This Abey also thought he would be put in Jail If he told a lie. "Where are you now, Abey; what build ing is this?" "Court," said Abey In fearsome tones. "That's right," said the counsel. "Now, who is this man up here" (pointing to Judge Redick); "what Is he?" Abey looked sideways up at the kindly man on the bench, then whispered: ' "A lawyer." . . , "No, you're mistaken," said the judge promptly, as he leaned back and laughed. "Not guilty," he added. Where Wise Men Differ. At another point Mr. Connell asked Abey: "If you told a lie and should die, where would you go to; what would happen to you?" John lm Webster, who had been sitting at ease at one side of the room, at once arose and approached his fellow counsel "Connell, I don't think I'd ask that ques tion," he said with dignified severity "Even wise men differ about that." Then as he again took his scat Mr. Web' ster looked at the court and at the jury and said: "I would refuse to answer that question." And it wasn't answered. USE OUR TELEPHONE Call 727 and ask for the department wanted. UnUaan33nn6iJaiMaI31nttttX Ifi ft TADNAM STREETS. OMAHA, TUB PEOPLE'S FrrtNlTTIlE AND CARPET CO. Siore Open Till 10 p. m. on Sat-urdays HERE'S TOE P0OT! This is especially the store for salaried men and women who want good wearing ap parel, yet who are not able to pay for it all at the time of the purchase. And this is the store for men and women of more moderate means, who, though they may not buy so much, still must be sure that what they do buy is of the best and is lowest in price that its quality will permit. And this is the store for the man or woman who doesn't need to care what they spend who demand the very finest that art and skill can bring forth. Why? Simply because we carry the variety of goods that all classes demand, and because we meet the desires of anyone, wneuier m regard vu quality, cust oi veuua ui payuitmi. . K OUR CREDIT IS CHEERFUL CREDIT. THiKK IT OVER. Women's Coats Reduced 3L All Cheviots and Scotch Fabrics About One-Half Price LOT 1 Consists of Loose Coats three-quarter lengths good cheviot and fancy mixtures coats that have sold 7 Eft all season up to $10.00 this sale your choice jjll for.... LOT 2 Consists of three-quarter length Coats of Scotch mix turesin grays, browns and other effects all this Q fl R season's styles regular $15.00 values on sale ,J J your choice Millinery We bought a sample line of about 50 girls' and misses hats, values up to 1 fl-. $1.00 on sale tomor- I H Q row, your choice ... Chests of sliver. Edholm, Jeweler. BOTB41. fTWhen In Chicago Stop at Tbe s'. ft .' . , ' Stfatiord Hotel European Plan KeSaed. Klevact. Qalt. Locate cor. scr ol city's two noest bouisvarUs, convenient to entire buslnekS center. (.! to best theatre and shopping anuict. Hi rooms, ISO privsto baths; luxurioal writing sad reception room' woodwork mahogany throughoot; brass bed and ail modern comforts; telephone in every room; beautiful dinlr.s; rooms the best ol evarytiiins at moderate pticce. aflctdjaa aad Jacksoa Birds, Chicago J Diamond Rlnrs Frenser, 15th and Dodge. Divorce Case Adjasted. Defendsnt hss waived service and en tered a voluntary appearance in the case of Alexander F. Drebert against Katherine 8. Drebert. which means that there will be no contest ot the husband's plea (or COUNTY MATTERS ON THE LIST Com Ins Congestion ol the State As sociation 'ol County Commission ers Will Bo Interesting;. Programs are out for the eleventh an nual meeting of the Nebraska Statu As sociation of County Commissioners and Supervisors. The sessions will be held at the Millard hotel, beginning on Tuesday, December 12, and continuing through Wed nesday and Thursday. Mayor Moores will deliver an address of welcome and the following program will be discussed: The Care of the Indigent Poor, and Transportation of Same to Other Points." "Recent Road Legislation." "Does Anyone Know How to Construct a Good Road Through Loose Sand?" "P'nir.aK'e Ditches. Benefits of Same and Mode of Procedure," "Results Attained by the Scavenger Law," "Should a Part of Railroad Taxes Be Ac cepted When Payment In Full Is Not Made?" "I: It Necessary to Have a Deputy Assessor to Each County Precinct, and is It Advisable that a Deputy Assessor He a Resident of a Precinct Which He As sesses?" "Methods by Which Our Asso clstlon May Be Made More Effective." Aidresscs will be delivered by the fol lowing gentlemen during the convention: "Juvenile Court." Hon. W. A. Redick. dis trict judge; "Detention Home," Rome Miller; "Equitable Taxation," Hon. E. Rosewater; "Relation of State ot Nebraska to Omaha," Lewis 8. Reed; "Commercial Interests of the State." W. S. Wright, president Commercial club. The officers of the association are: John Gallagher, Grand Island, president; E. D. Beach, Exeter, vice president; Peter O. Ho feldt, Omaha, treasurer. HONOR FOR CANON WHITMARSH Dead Prelate to Have Fnll Rites of Church at Faaeral Service on Satarday. Full honors will be given to the memory of Canon Whitmarsh by the Episcopal clergy at Trinity cathedral Saturday morn ing. The burial office and memorial eurharist will be read. In which service Rt. Rev. A. L. Williams, bishop ot the diocese, of Nebraska, will be celebrant. Tbe service will begin at 10:30 a. m. Assisting the bishop will be Rev. Canon Eason of Lincoln, who will read the epistle; Rev. John Albert Williams will read the lesson. Rev. James Wise of South Omaha will be master of ceremonies, the gospel will be read by Rev. Canon Marsh of Blair, while the burial office will be said by Dean Beecher of the cathedral. The pallbearers will be Rev. Canon Bur gess, Plattsmouth; Chaplain II. Percy Sil ver, Fort Crook; Rev. Canon Davidson, Rv. John Williams. Rev. T. J. Mackay and Rev. 1 D. Hopklna of this city. Burial will be Monday at Warren, O., a former home of Canon Whitmarsh. Ac companying the body east will be Mrs. Whitmarsh, Frank Whitmarsh and Miss Whitmarsh of the family, and Bishop Wil liams. The funeral party will be Joined at Cleveland, O., by another daughter of the family. Christmas Bargains in Men's and Boys' Clothing 7.50 2.50 1.50 Men's Well Made and Guaranted Suits and . Overcoats at $18.00, $15.00, $12.50, $10.00 and. Children's Suits at $4.00, $3.50, $3.00 and Children's Overcoats at $4.50, $3.50, $2.50 and Boys' All Wool Knee Pants at 50c ForiheBabj Dr. Chapin says, "Fresh cow's milk should be the basis of an infant's food." Mellin'a Food la always to be used with fresh milk aa a basis, that ia why Mellin'a Food gives such good results. Send for our fraa book of "Mellin'a Food Babies." Tke ONLY Infants' feed receiving tbe CtANO rttlE at St. Loala, IV04. . CoU Medal. Hifthast Award, Portland, Ora. 1905. MELLIN'a FOOD CO., BOSTON, MASS. NEW TROLLEY CARS IN TOWN Two for the Park Lino Arrive ssd Go Into Commission at Ones. Two of the new cars of the Omaha & Council Bluffs Street Railway company arrived In the city Friday and will be put in service at once, thus doing away with the necessity of running the summer cars. Way bills have been received, showing that four more cars are enroute and will be here soon. These cars are similar to the large, wide cars that were purchased for the South Omaha line last year and will be put on the Park line. They are equipped with the latest heating plants and power brakes. General Manager Smith says the Walnut Hill line will secure better service right away. This line has been badly crip pled during tbe last few days when the tracks have been In a very slippery condi tion . The Hill line is one continuous line of hills snd the schedule has been all shot to (Meces during the last week. 1780 .Jr"" . 1905 BnnBannaBnnsa W sho jbT I Bfc."Vr namsnaBBnanaanawmssd Bakers Cocoa and Chocolate 45 Highest Awards in Europe and America Rest tiered C. a. 1st. omen A perfect food, highly nounshingjcasily digested, fitted to repair wasted strength, preserve health, prolong life. A now and handsomely lllua- tratod Raclp Book aont f roo i WALTER BAKER & CO. Lti DORCHeSTER, MASS. We also carry MEN'S HATS, SHOES, SMOKING JACKETS, BATH ROBES, FURNISHING GOODS AND LADIES' SHOES. tff1ffT',lu MtgaMaBg" 1 ""'JT'"" ' 'MSggggsPaB TAXES ALMOST ALL PAID IN City Treasurer Henntns Has Made Remarkable Record as Collector. With still over half a month in which to collect 106 taxes. City Treasurer Hennlngs has collected 88.38 per cent of the levy, or $19,000 less than the 90 per cent which Is usually collected. Before the end of De cember he expects to collect the full M per cent. . Estimating the collections for December at $25,000 he will have collected during the year for 1906. taxes and back taxes $198,680 In excess of the levy for 1905. Of the 1900 levy only, he has collected a total of $1.042.B3.12. On real estate he has collected $!8,961lfci. Interest on real estate $54,3tit.l9, personal property tax t3iI4.77S.S2, Interest on personal property tax 8,0S.Si, a total of $1,341,172 09, which Includes not only the 1905 levy, but the back taxes and interest. The 19u6 levy amounted, to $1,176,591.76, making the excess in collections of $164.58013 to which, adding i he estimated collections for December, $25, 000, makes a total excess of $189,680.33. There has been collected of taxes on real estate, net $73,715.54 and personal property' tax, net, $314,166.21 leaving a balance uncollected of $136,710.01, or $19,060.83 to make the W per cent of the levy. The following tables show the collections for the 1905 levy only and the back taxes collections. 116 levy onl real net $ 7I6.T15 54 (& levy personal net 314.16.tl 1SU6 levy real lot 2,877.26 19uG levy personal int 34.13 Total Hck year's reul net.. Back year's real int Back year's personal net.. Back year's personal int. Total ....$ 298.178.97 ...1,04?,VS3 12 ...$ H3.Wi.i2 .... 1.46.94 .... 10.612 41 2.132.20 Low Rates to Chicago For the International Live Block Exposition, December 16th to 23dy 1905 FOR THE ROUND TRIP VIA THE CHICAGO, MILWAUKEE & ST. PAUL RAILWAY Tickets on tale December 16th to 19th, inclusive; . .'. good to return until December 24th. . Three faat trains leave Union Station. Omaha, every day at 7:65 a. m., 6:45 p. m. and :SS p. re. 4 F. A. NASH, General Western Agent 1524 FABNAM STREET, OMAHA. Grand total tl.S41.17S.oa HOTEL MONEY ALMOST RAISED Promoters of Seventeenth nnd Dons; laa Hop to Incorporate Cone If present expectations are fulfilled, the business men who are pushing the project for a hotel at Seventeenth and Douglas streets will incorporate their company Bat urday afternoon. They hope to complete by noon on Saturday the $250,000 stock sub scription which Is necessary to secure ths erection of a $500,000 hotel. If successful, members of the proposed hotel company will go to Lincoln In the afternoon to In. corporate. If all the money is not raised by noon Saturday It Is expected to In corporate Monday or Tuesday. Men interested in the project have been confident all along that the capital for a hotel could be secured, and they are pleased that the campaign for money has been so short. Bracelets Frenier, 16th and Dodge. RATES CUT IN TWO Every Saturday and Sunday Up to December 17th. 1905 mm1 Mlnden Harlan -Manning Carroll Fort Dodge - ROUND TRIP RATES 1j0O 1.60 2.25 2.60 4.25 Eagle Grove Clarion -Hampton - Belmond Mason City - (4.80 0.10 5.90 5.45 6.40 Cood returning fallowing Monday. AMI RATES TO OMAHA FROM A BO VI STATIONS Tor tull laferaarfoa sps'jr 8. V. ttrlkmrtt, Cmtat Agt, iiil fmrmmm 8tri.