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.
