'B 10 TITE OMAILY SUNDAY BEE: OCTOBEK '2X 1006. 2X . - A Card from Peter, E. Eisasser Omaha, Neb., October 27, 10. To the Citltfnx of the City of Omaha: ' Five inrmbera ol the rity rcuncil nro criticised by the other seven mem bers for the war they voted oo the telephone franchise ordinance. Following are a few of my reasons for votlnp an I d!d: On AuciiBt. 7, 190C, three telephone ordinances were introduced In the city council and referred to the committee on telegraph and telephone. Mr. ftheldon Introduced several amendments which were to be added to the ordi nances. The ordinance conld not be engrossed in accordance with the report, .and a new ordinance was prepared and introduced by Mr. Sheldon, embodying the proposed amendments, and was published two weeks beginning August 17, 1906. On account of some defect In the proceedings of the council at the meet ing when the ordinance was Introduced, It. was- not deemed wise to pass the ordinance, and three more ordinances were Introduced on September 18 and were referred to the committee on Telegraph and Telephone, and, before being read or considered in any manner by the committee cr by any member of the council or the legal department, a motion war, made by Mr. Zlmman, immediately after their introduction, that the city clerk be directed to pub lish, in accordance with law, the various franehlso ordinances purporting to grant franchises for telephone ayatera? in the city of Omaha, in the news papers, the expense thereof to be paid by the grantees of said franchise ordinances. Mr. Elsasser said that we ought to read the franchises and make the necessary amendments before publishing, and Mr. Bedford made a motion to that effect, which was seconded by Mr. Elsasser, but the motion wai lost. Mr. Elsasser said It was the same bb robbery to compel the telephone companies to pay for publishing If we amended the ordinances after publishing. Mr. Zlmman asked Judge Baker, representing the Helm franchise, and Mr. Breck enrldge, representing the Home company franchise, If they wished to have the ordinances published before they were considered by the committee, and they both said "Yes." Mr. Von Hoffman, representing the Oate City fran chise, was asked the same Question, and he said he did not want to publish his ordinance unless be could get his franchise. The motion by Mr. Zlmman, to publish the ordinances, carried, and the Helm and Home companies guar anteed the payment for publishing their ordinances and they were published two week in two newspapers; and on October 9 the committee on telegraph . and telephone reported, recommending passage of the Helm ordinance, and the report was adopted. When the ordinance came up for third reading, a motion was made by Mr. Elsasaer, that the ordinance be amended by insert; I the words "Provided, that nothing contained in this ordinance shall authorise the construction, maintenance or operation of a conduit system for any pur pose other than to maintain therein the telephone wires and cables of said telephone exchange, to be constructed hereunder." ' Mr. Zlmman arose to a point of order, and objected to Mr. Elaasser's motion, for the reason that the committee report recommending the passago of the ordinance was adopted unanimously, and Mr. Elsasser had no right to amend the ordinance at this time. President Johnson ruled that the point of order was not well taken, and that Mr. Elsasser had a right to amend at this time. Mr. Sheldon appealed from the decision of the chair, and the chair was sustained. Mr. Elsasser then read bis proposed amendment, as quoted above, and his motion to amend was lost. A motion was made by Mr. Sheldon, that the ordinance be now read third time by title and placed upon Its passage. The motion carried, and the ordinance was read third time by title and roll call upon Its passage proceeded with. When Mr. Elsasser's name was called, he said he had several other amendments which be would have liked to have embodied in the ordinance, which were as follows: The Helm company has had a franchise in South Omaha for five years, and has now only twelve 'phones In use. In our franchise, in the third para graph of section S, they must have 3,000 bona fide subscribers In the city of Omaha before making any charge for telephone service. My amendment was that they must also have "00 bona fide snubscrlbers in South Omaha" before making any charge. In putting conduits under the streets and alleys of the city of Omaha, my amendment was that they be compelled to place them ilnder ground In the district bounded as follows: On the east by the river; Twenty-fourth street on the west; Pacific street on the south; Nicholas street on the north. On Tenth street south ta Bancroft street; on Thirteenth street south to Vinton street; on Sixteenth street, from Locust street on the north to Vinton street on the south; on Twenty-fourth street, from Ames avenue on the north to South Omaha on the south; on Leavenworth street to the west city limits; on Farn&m street to west city limits; on Fortieth street, Hamilton street and Military avenue; from Fortieth and Cuming streets' to the city limits north 'west; on Cuming street to Fortieth street Thls-ls practically the same dis trict In which the Nebraska Telephone company has Kb underground conduits. Another amendment waa that "The city reserves the right to compel the Helm company to remove their poles and conduits,' if the council so orders, to some other place, at the expense of said Helm company, at any time." ; Another amendment was, "And, provided, further, that this franchise Is granted upon the following express conditions, that the city shall have the right, at its option, by proceedings In the district court of Douglas county. , Nebraska, at any t after fifteen years, to condemn, appraise and pay for the said telephone plant together vlth Its property and rights under this ordi nance, and take possession of e same and ope. ate a telephone system in this city, and in such proceedings the value of the franchise shall not be considered." Senator La Follette of Wisconsin does not believe In having watered stock.' My next amendment was, "Provided, that the par value of the stock - Issued, together with, the bonded Indebtedness, shall never exceed the total cost of the plant, and In such proceedings the value of the franchise shall not be considered." The first telephone franchise ordinance published contained the follow ing provisions, which were omitted from the one paused by the council and now submitted to the voters for their ratification: In the second paragraph of section 2, after the words "successors and assigns," were the words "when required to do so by the said city." In sections 4. after the words "$1,009.00 were the words "which sum shall remain on deposit until the exchange herein provided for shall be put Into seiice." The second paragraph of section 6, after the words "S2S.000.00" con tained the words "in cash or city warrants of the city of Omaha, Neb." Section 9 of the first ordinance published read as follows: "Section 9. The city shall have the right to purchase the property of the telephone com pany at any time after twenty-five years. It the option is exercised at the end of twenty-five years, or any time thereafter, the city shall pay for the value of the physical property alone, nothing being added thereto for the franchise value or so-called going value. In case an agreement as to the value cannot be reached between the city and the telephone company, the value shall be determined by the district court of Douglas county. Neb. The . said telephone company shall file with the city clerk on or before the first day of July of each year report and statement of the value of its property on the first day of April of said year,' giving in detail, first, th value of its physic! property; second, value of unexpired franchise; third, so -called going value. 'And In case the city desires to purchase under its option above aiven, it shall have the right to do so at any time after the expiration of twenty-five years by paying the estimate of value upon its physical property in said report." if the legislature of the state of Nebraska would pass a law that very telephone company in the state of Nebraska must connect with any other company in me state, ana authorize tne same beard tnat axes railroad rates to fix the rated for telephone service, to show what each cemDanr should receive, that would cause the Independent companies to connect with the Nebraska Telephone company and the rates could be fixed so that every man that had a telephone in the city of Omaha could have access-to any other man mai naa a leiepnone in me state ox XMeoraska. Te democratic platform, signed by members of the city council, would be carried out in full if the Nebraska Telephene company would give the city of Omaha i per cent of the gross receipts, which they say would be 110,000.00 per year or over, and make no toll charge for service to South Omaha to Indi vidual and two-party and four-party members of the Omaha exchange, or te individual or two-party or four-party members of the South Omaha exchange uu i-iajr mo uniaua ram tar counocuou wiux memoers or tne Omaha exchange, lne Omulia Uas company gives the city of Omaha 6 cents for every 1,000 feet of gas consumed in the city. The Helm Telephone comnanv nm- poses to give us only 2 per cent of the gross earnings, which actually means mai me uas company wiu give uie city b cents ror every 1.000 feet of gas consumed and will then pay their help afterwards; the Helm Telephone com pany proposes to pay we ncsip nm and then give the city 2 per cent of what is leu. In Minneapolis the telephone franchise provided that the citv La to rrelv 6 per cent of the gross receipts when sal company shall have more telephones thrn the company that Is opposing them. For five years the said company "has always been 1,000 behind the other company, and the city has never received the per cent. The city attorney's office was not asked to give an opinion on the Heiin franchlee. The city council never met In committee of the whole to consider taia irunciuae. i ininK me city attorney s-oince should have O. K. d said fran chise and I thluk the city council should have considered said franchise In the cmmlttee of the whole before they passed the ordinance. I do not under stand now me Menu leiepnone company can cut out four different things from the orls-inal franchise and not put it In the franchise which will ha t4 nn In November, nor why the city council In committee of the whole cmid nnt adopt the amendments that I had to offer so as to protect the people of the my oi uinuna. PETER E. ELSASSER. a ft Si OMATI.VS riltK FOOD t'KN'TEH I "tli ami Iong1a St, riioue Douglas 647 Private Exchange Connects all Departments BARGAINS 131 n n far . p X WsV (TMJl -K&TZr When you want groceries that will bo a credit to your table, pick out from our shelves and counters some of the many delicacies, con diments and relishes that break the monotony of, th dally fare and give rest to a Jaded appetite. It pays to buy "extras" once In a whiie, such as Major Gray's Chutney, per bot tle 02 Pin Money Pl"kles, per bottlo 40c Boneless Sarc" tes 25c Swedish Smoked Sardines. ,12 He Tunny Flub. 20c Stuffed Mushrooms 40c Stuffed Olives 23c Imported Camembert 83c Gruger Swiss Cheese, lb 83c Our Ankola Java and Mocha CoIIee - Our Java and Mocha Is guaranteed to be the finest drink of any ' 3 lbs. for a dollar coffee sold in Omaha. A trial of this beautiful blend Is solicited, and if not as represented, money will be cheerfully refunded. OCR CONVENIENT LUNCH COUNTER ' For shoppers and business people at entrance to Brandeis West Arcade. Bun Sandwich, coffee and milk, at 5c. ' Complete Lines of fiJ Dress and Tuxedo Suits nn lV THE RELIABLE STORE finest Stock of j , Raincoztsi Shown 1 in Omahsl THE HOT BLAST Price, 07.75 Just like the cut, worth $11.00 at Installment stores. Is made of best material, with air-tight drafts and polished steel body. otirtncy & Go DR. DRADDURY. Dentist 1506 FAR NAM, OMAHA Try the new roofless plate, mad to crack nuts with. Cold Flfflags flap Crswas 12.14 ap 18 Years Sam Looatlon 'Phono Douglas 1758 Teeth extracted with out pain 6 different ways. Wo give Pw and oxygon, also Vi ti tired air. Work Gaaranteei 19 years. I- TOD CNJOT a cool delirious, satisfying suoVk one that will banUb your cares and mass Ufa worth UvUtg, bo tare ud rail for the old reliable FOOT Comfort V hoes. That's whr.t wo call our Cushion Sole Shoes. 'And thoBe who have worn them say "there is more real com fort to the square Inch in a pair of those shoes than any kind they ever wore." It's the only real cushion Sole Shoe on the market hand-sewed, ,whlch makes It flexible and easy made on a broad foot form last, which allows the foot to rest square ly on the sole, as It should, and not on the uppers, , as most so-called cushion soled shoes do. We have them for both men and women. Drexel Shoa Co. 1419 Farnsn St. u2 AFFIDAVIT Stats of Nebraska, County of Douglas ' KNOW XIAj , MEN BT THESE PRESENTS. That on this 27 Ui day of Octo ber, 1306, ft. Arntteln, personally known to me to be the proprietor of the Quarantoe Clothing- Co., being first duly sworn, deposes and says: That oa October 22nd. 1906, be purchased of M. E. Smith & Co., manufacturers ot the Ideal BRAND, three thousand three hundred and forty-three (3343) shirts, and further deponent s&yeLh not. a AJtNSTEIN. SUBSCRIBED and sworn te before me this 27th day of October, 19V6. R A. WILCOX Notary Public. The akove mentioned shirts will be placed on sale starting; tomorrow. They will be divided into twe lots. Here Is a chance fer you to buy Omaha made shirts at less than the original coat ot the cloth. -t LOT 1 1 Shirts, with or Without collars, sixes from 14 to IS, worth up to Its. Tour un restricted choice 48 cts. LOT 2 Ghlrts, with a or without collars. In fine Imported Madras, Silk also some- wool, worth up to $2.60. Your unrestricted oholoe S& cts. Garsntes Clsthinrj Co. 1S1S-1E21 Douglas 8L If'. R. Kko aU' ix utile CUat Cw4 &laui.Lvt, tU Louis. MONDAY DRUG SALE We hope every Monday chopper will vlalt our Urug store, ror we imve many special sales and fuittiermore voir c&n always ol)Uln Just wlial you wa.nl at our tore. i;.: 1tlow's Swans Down, Monday ..10 11.00 Uurnhani's tSamaparilla, Monday Jso Ur. ( ooper Medicine any oay at out rioes. 3uuvifui Safely Rasor, any day.... f 1.00 $1 6t linker's Barley Malt "hlkry . . k .Too r.Oc hf! ' I ;nv f'.'lm. jiiv d.v..J 25c 'William's Shaving; btli-k, any day ISO ton Madam Yale's Almond Jream, Monday t9o lie 4711 White Rose fcuap, any dy..iao HxM Heuv1i. fu'l lln mi m pric-. Tic Kirk's Juvenile rVoap. Monday So 00 standard braud Cigars, rut pripe. jtsrinsn & KcCcnnsIl Drug Co. TIB mXXAXXi BaxroaiSTS . lath Hi Sedge. Here1! to those that tov us, If we only cared: Here's to those that tce'd love If we only dared. Bolef .frits IBM" "Uiuuowm0" W,SSMUjjpi7siji filler's Old Standard Whiskey Best for home use. Bottled in bond under the supervision ot the U. 8. Government. Try It the next time you buy. For sale ex clusively by us. frif A booklet containing over ICC 200 popular toasts. Write or ask for one. They are free. Siller's Whiskeys, TnU Quarts, SOo, 91.00, SI .as. r MILLER'S 1309 Fa man St., Omsba We SKIP 4 Quarts Prepaid; N... ,T '. , T1 --T - Price, 25.00 Just like the cut, made of Wells vllle polished steel, large oven, elo gant warming closet, above nickel plate shelves. An excellent baker. TERMS : SI CASH, S3 A MOUTH The Reliable Store Omaha Furniture h Carpet Go, 1 1 203-1 M 3 Farnam St. - ONE OF OUR HEW STYLES FOR FALL Fashionable and up to date, but shaped for comfort as well as beauty. FRY SHOE CO. Ill IIOIII, 16th and Doughs Streets OVER m " ALL Onimod Shoes appeal to the understanding The wearer is made comfortable In mind and body, whe re he goes; whatever he does, 'he has a complete and continuous compre hension of real pleasure. land-built nimoii f S and M. ssse kcttcr. BeBck-madc Onlmods, t. Extra Coed tS.SO snd $2.50 0nimds Best for toe Price. Newest Styles la all Grades. xr:z:zzz, zr Want a A Be Wast Ad vta set yea one qalokr t small cost Investigation , Will Prove o You that the cheap lands which the V. P. It. R. Co. are selling- in Wes tern Nebraska, Colorado, Kansas snd Wyoming' are a good invest ment. Don't delay. Investigate at once. Fine farm and ranch lands S3 to is rxs ACX.E. Easy terms. Pou't delay; buy now. -For full information regarding lauds and special excursion rates, apply to Land Agency U,P.R,ll DEPT. B 818 South Fifteenth St., OMAHA. -NEB. 1 Speca Sale of Men's Clothing Suits or Overcoats i2.50and$15 You might pay twice the price and get no better style i i HI-.- $3 to $ advance on these prices and get no better qual ity. Hand Tailored Suits All newest styles and pattern, per fect fitting garments, artintically tail ored, quality of, materials and work manship guarantee splendid service. sSSnL J2.50 and $15 HEN'S OVERCOATS A splendid opportunity to ave on your winter coat is offered in this sale. Not only will you find qualitv surprisingly high, but you'll find selection mad eaa? 4 50 ' Cf C Is- j 41 by the complete linns nliowu Sales Prices Long Pant Suits Boys' Overcoats Special at 55 and 7.50 af 3.50 and 2.95 Four Furniture Bargains Why Pay More And Get Less Value w j - r r r- r rour LteaiT is uooa in uur rurnnure uepu Comparison Sale of Furniture If these items don't interest you we've many special offerings that will. $18.50 Dresser, like cut, solid oak, 24x 30 bevel plate, jnirror finely finished sale price oak, 24x 1&1 r v V t j w pnri $16.50 Extension Table, 6olld oak, at.fl.n.Uh:..." 10.85 $1.30 Dining Chair, , jf " tf like cut; braced i j Ij'nVS arm, cane seat, l -l 'jl ' golden finish, solid ' oak; sale nP. V $16.50 Combination Book Case and Desk, quartered oak, nicely fin ished; special price. . . tt.50 Excelsior Wool Top Mattress at t $2.00 Excelsior Cotton Top Mattress at : .$2.50 Excelsior Cotton Top and Bottom Mattress 3.00 All Cotton Mattress at 5.85 Cotton Felt Mattress 7.50 Jl ATOP! 1? RfO) MCft3CZ J ED. ROTHERY'S 2 Cell I its Ho. kZBTlUSAHV snd CA.TH. Ill buuib Bk. Htgheat fc-rauo ot Winos. Liquors end Cisnrs. luiiiortud Ale snd Sorter bchlltz's Ktmuui AlilukM hoer Hid lilf-.ud-lll on 3iuUl. hi OX 11 urn sices Ar good furnaces and pow erful heaters but all of this id of little benefit unless the fur nace is properly installed. That is where we outshine all competition. We are Scientific and Practical Furnaccmcn and have long pacsed thu ex perimental stage of the heat ing business. ' Wo claim that we use the bout material obtainable, that otir work, men are not equalled by any in the state. If you're buying a furnace lot us talk with you. We may save you money and we surely will save you fuwl bills. Mm Eussic Hardware Co. 2407 Cuming St. "If You Duy It of Hussle It's Right." 2fC V