Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (April 7, 1909)
I I BRANDEIS STORES WONDERFUL SALE of WOMEN'S DOUGLAS lfM??IIIEI ISIO nniir.i ac 1 Announce STREET VW TOflD STREET "ssr Jsaak'Aa.K sWSafv FORMERLY O. K. SCOFIELD CLOAK A SUIT CO SILK DRESSES For Street and Evening Wear Great Sale of Beautiful New Silk Dresses Worth up to $ v. 9 and $30 Bach, at ... . r I 3 in m "-V7 W i n Made to sell at $20, $22.50 and $25, On Sale WEDNESDAY, at purchased by our resident New York buyer afa wonderfully low price, will be placed on sale Wednesday morning, beginning promptly at 8 a. m. Every dress in this great sale is a beautiful new style. Some are tailor made effects in draped or pleated styles of self materials, and others are embroidered or lace trimmed designs. The materials are fine messalines, silk foulards, pongees and silk Aeolions; all colors and sizes sll nf 5n WEDNESDAY, at Nebraska UNIVERSITY WINS ITS SUIT Supreme Court Says Uncollected Appropriations Do Not Lapse. SETTLES MUCH MOOTED QUESTION flame rtnllns Applies to Trul r'and Held by State from Fed eral (iovernmentHills Israeli. (Prom a 8taff Correspondent.) LINCOLN. April . (Special.) The su preme court haa Issued a writ of nianda mua requiring tha atate treasurer to pay salary warrant of an Instructor in tha university, holding that tha unexpended surplus of tha amount of tha one-mill levy appropriated by tha legislature for the use of the university lapsea. but that the un collected portion of thin appropriation does not lapse. According to this deslslon the appropria tion of the proceeds of th one-mill tax for the years 1907 and 1906 la an appropriation of the whole amount of the tax and not ( that portion only which waa actually collected durlny the btennium. Section 19 article S of the constitution provides that appropriations ahall end at the expiration of the first fiscal quarter after tha adjournment of the next legisla ture, but the court has decided that under this provision it la not essential that the money be actually Jrawn during the two years for -which the appropriation was made. Jn regard to- grants of public lands to the state by act of congress for the sup port pt the university and agricultural college, the court says the state becomes a truste of such fund for the sole purpose of applying them to the objects of the (rants and with no power to divert the ams) to other purposes, or to render them general funds pf the atate. The acts of the legislature, appropriating the income from aid grants is a complete appropriation to the beneficiary of the income from auch funds and the section of the constitution aaylng when appropriations shall lapse is not applicable to such trlrst funds so de voted by congress to a specific use. ' Asks Mo4lflratJoai f Deere. City Attorney Ptewi.it has filed In fed eral court a motion' asking for a modifi cation of the decree In the- case of the Uncoln Gas company against the clly by omitting therefn m that part adjudging the occuration tax ordinance Invalid and granting a permanent injunction against enforcement of the allegations that the F Announcement J Ws'wlih to announce that we have moved from 303 North 16th street to 1617 Farnam Street, and now have one of the most up to date bird stores In the United States. We have moved into the business dis trict to make It convenient for our pat rons knowing they will apreriate It, and hope they will continue their patronage. Special Caster Sale Genuine Imported German Canaries oar guaranteed $4.00 (Singers at only f 2.05 Max Geisler Bird Company 1017 Farnam Street. THIS great specialty house again an I nntin'pe o cila -t-r-.- ...111 t- - 1 1 . nviaiio ci JiUV, mat yvm of Omaha. Over 500 Silk Dresses 99 Kn or, A COS Art Nebraska Invalidity of the same under the laws and constitution of the United States is not charged In, the bill of complaint and no such issue was involved; that the bill or complaint prayed for no relief against such occupation tax ordinance; that the evidence adduced does not sus tain such parts of the decree, and that the court was and Is without jurisdiction to determine the question of the validity of such occupation tax ordinance under the laws and constitution of the state of Nebraska, or to enjoin the enforcement of the same. He has also filed a motion asking the court to modify its opinion as follows: "Show In such opinion that the com pany's slock and bond Issue cover both gas and electric light departments, and flli at nhe latter constitutes about one third of the entire valuation of complain ant's property. "So that it may appear therein that the construction account is by the duplica tion of 1900 construction account, accord ing to Mr. Honeywell's statement, and In testimony of Mr. Wiggins; also commis sion on sale of bonds, J17.01&. and costs of original rlnnt, M.247, not now In ex istence. "To show that the net earnings of $73,852 for 1!W7, as admitted by the com plainant, should be increased In the sum of $9.f.9. the same being Items improperly charged to expense. "To show the actual cost to complain ant for the years 1906 and 1907 for laying services and mains, and that the applica tion of the ssme to complainant's entire system would show the reconstruction value of the same to be about $100,000 less than the amount as shown by complain ant's expert witness, given by the court In such opinion. "To eliminate from the value placed on complainant's property the item for $18,500 for gas, ranges, for the reason that the same Is not the property of the complainant and for the further reason that the cost of the same Is charged to the expense ac count. "To eliminate from the valuation of com plalnant'a property tha Item of $00,000 working capital for the reason .that com plainant is not entitled to earn dividends on that which It does not own. "To refer to the occupation tax ordinances only as a matter for construction by the slate courts." Mm lajered la Laundry. With his left arm broken In two plates an. I his left shoulder dislocated by being catigM In the machinery in the basement i'f the Merchants' laundry shortly after noon Tuesday, J. C. Peterson was taken to a hospital. He waa working with the laundry engineer placing some additional machinery In the basement of the laundry I ' ' - i fepl ft Oi2 UC IcllK that were v&Tl JU ii when the sleeve of his shirt was caught In one of the belts. He was thrown around the wheel ' and his arm was caught be tween the shafting. The Injuries of Mr. Peterson are severe For a time Mr. Peterson worked ss sn apprentice In the Havelock shops and is well known In that city. He had only been working for the Merchants' laundry a lew iays. I'bl Beta Kappa Honors. The twenty-two seniors who won Phi Beta Kappa honors were notified Tuesday morning In convocation following the inter- class debate between the seniors and the freshmen. Of tho twenty-two who wer selected for the honor, nil but six were girls. The number who were granted tho scholarship honor Is less than usual. nil Beta Kappa Is based solely upon scholar ship and each year, a certain percentage cf the class Is elected as members of the so iety. Tl. I . I . . I . i nr- neicciinn mis year was made upon a basis of S7V4 for the four years of col lege work. The standard is usually set a about this figure. The highest percentage obtained by sny one in the graduat'ng c'ass was 94. and this required ninety-nlna hours of "B" work with eleven hours of "Q." A girl received thee marks, her name not being made public. Lincoln students were swarded tho greater number cf Phi beta Kappas. Nine students resid ing In Lincoln were given the honor. Omaha, Beatrice, Falrbury, Central City tnd Tecumaeh were represented by one student. Two of those who were awarded keys reside In Iowa, one living in Logan and the other at Qlenwood. The announce ment was made by Prof. Stout. Theta Kappa " Members. Preceding the announcement of the winl ners of phi Beta Kappa honors, Wan Costlgan of the law college awarded four men with membership In Theta Kappa Nu, a law organization similar to Phi Beta Kappa, whose membership is bssed on scholarship. Those selected were: Arthur B. Bouton. Boll wood; Roy Carl berg, Bancroft; Carl Peterson, Osceola; Robert De Vore, McCook. The Phi Beta Kappa selections follow: Viola F Barnes, Albion; Alice M. Batty. Hastings; Rdwln O. Davis, Lincoln; Stuart P. Dobbs, HHatrlce: Catherine C. Doyle, Fremont; Grace Katough, Lincoln; Camilla Kvans. David City; Mamie B. Ferris, Central City; Helen A. Gray, Fremont; Edith A. OHmm, Lincoln: Helma I Holmea, Tecumaeh; Hattle Liber inan, Friend; Clara H. Miller, Imuran, la.; Fay N. Myers. Falrbury; Anna Mary Ratlike, Ulenwood. Ia.: Ray J. Pear borough. Lincoln; Amy F. Shellman. IJn coln; lCmnia C. Steckelberg, Unroln; Thomas R. P. Stocker, Auburn; Paul D. Thompson, Lincoln; J. E. Weaver, Lin coln. From the Alumni Mrs. H. H. Wilson and Samuel Avery, both of Lincoln. Hardest Bask stork Increased. Hayden Bros, have filed amended articles of Incorporation with the State Banking board, changing the name of their bank ing establishment to the Corn Exchange, bank and increasing the authorized capital stock to $500,001). The paid up capital is $2o0.uW), an increase from $100,000. m Bank for Teeasaseh. The First State bank of Tecumaeh is a new banking institution which filed its articles of incorporation with the Banking board today, and the incorporators are A. N. Da foe. Frank Dafoe, Caroline Dafoe and Msttte Q. Dafoe. Jaaltora at. State House. The Board of Public Lands and Build ings today made the following appoint ments of janitors: David Logan of Albion, Iw Johnson. 8. Bullsrd, Joe Rife. Major Moore and JohB Jewell. William Nozler and J. Cockran of the old Janitors were not reappointed. Phelps Gives) Aapolatsaeat. Major K. H. Phelps, sssistant sdjutant general, has been appointed provisional commander fur Ntbraska o lbs United I Nebraska m I These dresses are all fresh from a Xew York maker's hands produces-many are elaborately lucked and tnmmed with lace Brandeis Stores r Nebraska Spanish War Veterans. The appointment carries with It authority to name the de partment officers and appoint delegates to the mtnim n....,l- ..uii. . ... wiim ii win ineui in Omaha, April 27. 'The tnajr.y also has au thority to Issue orders relating to the as sociation In Nebraska. BABY'S BODY FOUXO BY HES Corpse Partly Katen b-r Dogi In earthed IVear Albion. ALBION, Neb.. April 6.-(8peclal) Satur day morning. D. T. Hunter, living ten miles northwest of Albion, waa attracted by a t. umber of hens picking at some unusual substance In his yard, fpon investigation Jt was found to be the body of a boy baby, one, arm and one leg nf which had heen eaten off by dogs. The coroner was Im mediately called and th" remains of the baby are now In his custody pending the convening of a coroner's Jury. An examination of the little body indi cates that the child was fully developed, bnt had received no care at birth, which froom appearances was about six weeks ago. Mr. Hunter has no neighbors nearer thsn a half mile, and his family which con sists of himself snd wire, a son and a daughter-in-law -and their ftve-raonth-old babe, ate unable to throw any light upon the mystery. The impression prevails that the child was burled in a very almllow grave, from where It was unearthed by dogs, and dragged thi the home of Mr. Hunter. An efficient detective emptnyed by the county will be put to work on the case. CHAMBKHI.A1 C AS KA T BE ATI It K Trial of Teramseh Banker to Come In April IB. BEATRICE, Neb.r April S.-ISpeclaJ.)--The case of the state of Nebraska against C. M. Chamberlain, the ex-banker of Te cumaeh. has been set tor hearing April 39 by Judge Pemberton. Arguments In the Chnmberlaln caaes were beard before Jjdge Pembtrton. The atate entered a motion to quash the deposition of Clarence K. Cham berlain, a brother of the ex-banker, taken before a notary In Chicago for the reason that the prosecution was not permitted to question the witness. The court ruled that If he witness appears before the notary within ten days and submits to oral cross- examination the motion of the state will be overruled, otherwise the motion to quash wll Ibe sustained. Godfrey llulahlzer of Wymore, charged with selling liquor with out a license, was arraigned and pleaded not guilty, lie gave bond In the sum of !0 for his sppearance In court April 8. Ptomaine Fatal to Child. ALBION. Neb. April .-(Special.)-The -year-old daughter of Henry Richards, a farmer living near tills city, died suddenly yesterday morning of ptomaine poisoning aTter an lllntsa of only twelve hours. Thd child had spent Saturday and Sunday with her grandmother at Newman Grove and what the little girl had eaten to bring upon her illness Is not known. Drs. Prink of Newman Grove and Thompson of Albion were called and every effort possible to rave the child was made. Nebraska em .otea. GENEVA -Hagermm Tyson died at noon today, after a loig ilinesa. at an advanced age. KEARNEY Clifton II. Howard. the noted temperance lecturer, spoke Monday evtiiing to a large audience at the opera house. This was the winUup of the city campaign. BKATRICE-Friends of Mrs. J. 8. Reed gae her a surprise yesterday, the occasion being her 6Sth birthday anniversary. The gueats left a number of nice presents as remembrances of the occasion. ALBION The first purchase of municipal bonds by the state was marie April 3. when State Treasurer Brian bought heating and lighting and city hall bonds of the city cf Albion, aggregating the sum of 118,000. BEATRICE At a meeting of the Board of Education last evening the report of Superintendent Bodwell showed tbat tho ON SALE WEDNESDAY. AT ffMl A Score of the Newest Styles Are Represented Dresses suitable for every possible afternoon and evening affair as well as f6r street wear. Many of the extreme new styles that are so popular in New York. Among the white dresses are many in small sizes that makes them suitable for confirmation and graduation dresses. MATERIALS INCLUDE Taffetas, Foulards, Ra jahs, Messalines, satins. Next Sunday is Easter and we offer the biggest sale of beautiful new silk dresses ever known in Omaha. with long trains, and others in walking $4 ca I lentrth. Newest nnr? mnst nnnnloi. V jetfU length. Newest and most colors are represented Nebraska average attendance for the last year was 2,125. the largest In the history of the city schools. BEATRICE The clly council met last night and granted a license to Mrs. A. H. Coon and her son. Leo. to operate a billiard and pool hall In the Paddock block. They recently took the management of the Pad dock hotel. BEATRICE A. S. Psrrish. the veteran railroad man who was injured a few days ago by falling from a chute at the coal house in the Burlington yards, ia slowly Improving, and the attending physician Is of the opinion that he will recover. BEATRICE1 Word waa received here yes terday announcing the marriage of Ever Itt Gessell and Miss Regenia Pulver, for mer residents of this city, which took place at Lincoln Sunday afternoon. They wllj make their home in the capital city, where the groom Is employed with Granger Bros. ALBION-A very substantial building boom Is now under way at Albion, some or the larger operations being, a citv hnll a city gas plant, a telephone exchange! the remodeling on an extensive snale cf the First National bank building and the large and modern residence of Robert Hutchison. KEARNEY E. J. Woolwcrth.a IocrI real estate man. had his hand badly torn and lacerated In an alfalfa grinder, Saturday sfternoon. Mr. Woolworth owns an alfalfa meal null and while attempting to extract some material from the cogs on the side of the machine his hand caught. The amputation of two or three fingers will be necessary. Gi'lDE ROCK-A temperance rellv wa4 held here Saturday and Sunday. Mrs St John lectured Haturdav evening adn Sun day morning at the Baptist church and at the opera house Sunday night. She met with the Women Christian Temperance union at Mrs. Frank Bailev's gnturday afternoon and nt !:30 Sunday afternoon there was a rally of the Sunday" schools of the town. GENEVA -The body of William J I. Burnett was brought home today for bur ial. He died yesterday at 5 p. m. at the asylum at Hastings where he hid been for several years. A committee of Odd Fel lows went up to bring the body home and the members of the I. O. O. F. heve charge of arrangements. The funeral will be tomorrow. BEATRICE Miss Clara Bmith, a former resident of Omaha, died at a local hos pital last evening of Brlght's disease, aged a years. She was formerlv employed as a teacher at the Feeblo Minded Institute here, and was working in a similar ca pacity at South Canyon. Colo., when taken III and brought to Beatrice for treatment. The body will be taken to Omaha Wednes day morning for interment. PLATT8MOUTH In district court In Aurora, Judge Corcoran fined Virgil Mc Farland. a registered druggist, who was arrested two weeks ago on the charge of having violated the provisions of the Slo rumb law by the Illegal aale of liquor In his drug store in Hordvllle. the sum of 1150 and costs. McFarland formerlv resided In this city and was married to Miss Olga, a daughter of Mr. and Mrs. A. P. Camp bell. FALLS CITY James Mctlnw.ll Hmn dead at his home in the east part of this ity Sunday evening. Mr. McDowell had hern uuite Ul in the winter an,1 hH plained of not feeling well on Wednesday of last week, but waa able to lie down town Saturday. Mr. McDowell was a re tired farmer and was well known in this city. He was one or the leading memliers of the local Grand Army of the Renubllc post. He would have been 81 years old this month. N KEARNEY A contract has been let by the I'nlon Pacific Rill road company to N. C. Dunlap. manarer of the Watson rsreh. for parking the rlglit,-of-way 200 feet back from the track. This Season's work will comprise s strip two miles long, ex ter ding from the city outskirts to Watson's lsrch. Alfalfa will be sown and the rood now on the north side of the track Will be changed to the south tide. HARVARD A district Sunday school cct.xtnllon was held in this city yester day. It was well attended snd much) In tel est shown. In the evening all the churches Joined in the service at the Methodist church, where interesting ad dresses were made by Rev. A. O. Fore man on "Qualification of the Superin tendent, " Dr. A. J. Jenlson, "The Teacher." snd Superintendent A. V. C'srk on "Temperance." Following these addresses a set of resolutions was unanimously adopted asking Governor Bhallenberger to sign the daylight saloon closing bill. BEATRICE A petition to have "Frog Pond ' school house moved from the line running between Gage and Pawns ooun ties back into Gaga county, about one mile, was filed with Miss Anna Day, county su perintendent, yesterday. There was also COLORS INCLUDE White, reseda, grey, tan, pink, blue, catawba, black. and there is real elegance and distinction in every garment he or braid. Some matle with high girdle, in empire sfyome popular mvT e V"ce ufl,ed to Pwent the re moval of the school building, and to add L',h. "P "cated affair some of those name.SonC.Ved hmv? a,' P'aced h' maTte'r wV be s"tled MUsDay IE coTtf Su'r"te""t AYv.ry ofDp.w",ee GRAND ISLAND Five representatives W.man'5. i T ' deP"nt " '"f woman s club of Hastings gave a broa-ram 7etyye"ofr,,ah;"ft17n0OV0? the 8' "Sc., tE. .rtSl .th'f c ty and over ISO Suests. IrM tit rt0Hk place ,n CX"1 Fellows' hal VI. Z "made a. Prominent social event Tu?n "Ji1 muslr' were: Mrs A E lltn ,e7 : Ml" May Ree9' violin kL.i, n,co Munson. piano; Miss Ellta m va,r' ac.comPnlst. and Mrs. Rich. d. yarndlpy. cello. The hall was elab-H-' ,deoorated- """J after the program light refreshments were ferved. The inusi- of thWHt Ve-!proc,M " ur member, fn uf Mt- Cecllla oclety having appeared " Thl ?U," ? f-lml,ar aslon.March ii:" tluDS of Kearney and Grand Is land gave an exchange in this way last lest im'mu la 1 Ul Doctors of AH Schools Agree That the Best Tonic-Stimulant to Build Up the System, Run Down and lyeakened by the long Strain of Winter, and to Drive Out Spring Fever and Malaria is Duffy's Pure Malt Whiskey. It Het'rnv10!!!0 stirau,ant 11 " the tt strongth-glver known to selnee' It destroys dlieate germs and by Its building and healing propertied Trestoras ' tissue, in a gradual healthy natural manner. It is a onl,tol?MnX?t!l reatment and cure of consumption, pneumonia, gr)ppe. b onch,U eolgh ' f colds malaria, low fevers, stomach troubles, and all wasting, weakened " di. eased cased conditions, if taken in time. weakened dls- We take the liberty of publishing a few of the thousand, of letter, re TnZZZ 'eading dCt0rB eXt0l,iDB tte mer,U f th, irlnVlonTc'and Effective Stimulant In a recent lettjr A. J. Park. A. M, M D., of 620 E. 60th St.. Chicago, III., wrote: "I am too busy to write my opinion, ex perience and results of the mlnlatrsllon of Duffy's Pure Malt Whiskey to weak, feeble and debilitated patients, but will repeat emphatically and pointedly, my confidence in the purity and remedial ex cellence of your Malt Whiskey. It ia a first-class and most effective stimulant, and meets every indication where a stim ulant is needed." Prescribes It K. M. Teivan Ph 1) t r. . tit.i 26th Ave. N., Minneapolis, Minn., wrote in a recent lener: uurtng the last nine teen years I have frequently, when alco- hflll.i llmnldnla V. . lnJtn.i...j - M muiiaii'U, pic- scr'bed Duffy's Pure Malt Whiskey for my patients because it agrees with them 1 wim iij uxner. v unoui solici tation from you. or sny of your repre sentatives, permit me to aay that 1 con sider Duffy's Pure Mslt Whiskey the purest and very best synthetic product on the market." Only Pure Whlsey "ve received the sample of Malt Whiskey and believe it to be the only pure whiskey I have sampled for niuny years. I have been a victim of indiges tion for 20 years, snd find thst I have re ceived more benefit from Duffy's Pure Malt Whiskey than all the other inedlcl.ie I have ever taken. I have taken a tea spoonful sfter each niesl, for eighteen days, and I can scarcely find language to express the relief I have found while 1 h.va Kaon tuUInu- ! " r d..jiii.ii .-. til Archwood Ave., Cleveland. O. ' If you wish to keen vnnns- tfrxn. nMivui biiu ubvc on your meets the glow of perfect health, take Duffy'. Pure Malt Whiskey regularly accord ing to direction.. It tone, and strengthens the heart action and purifies tb ntlre system. It Is recognlred as the world', leading medicine everywhere. CAUTION When you ask your druggist, grocer or dealer for Duffy. Pure Malt Whiskey be sure you get the genuine. If. the only absolutely pur medicinal malt whiskey and is .old In sealed bottle, only never in bulk Look for the trade mark, the "Old Chemist." on the label and make .lire thei .eal over the cork I. unbroken. Price $1.00. Write Consulting Physician Duffy Malt Whi.key Co., Roche.t.r, N. Y for a free tlluUat4 madiUoai booklet and. froe ad vice, w Inil tt fci! lisMss1ai I Brandeis Stores 1 year, and will do so this season, delegates from tho latter place having already been to Kearney, the Kearney date in Grand Island occurring some time in May. GRAND ISLAND The Board of Educa tion at its meeting last night adopted rules for the examination and elimination from the public schools of all pupils and teach ers afflicted with tuberculosis. The teacher la to report all casos to the modUial examiner,- to bo appointed, of cijronic coughs, or" of other evidences of tuberculosis, or ef other contagious diseases. Examination Is then to be made and report made to the superintendent. If the pupil Is found af flicted he will not be permitted to con tinue his studies. The superintendent Is to make a similar report as to teachers. I no fees In the case of complete examina tion. Including microscopical examination or sputum, $3; report to parents or super intendent when examination Is not neces sary. 50 cents; ordinary examination and' report, 1. The school board recently made another increase in salaries and the Grand Island schools now boast of pacing their teachers higher salaries on an averaae than any other city in the state. Ha. No Equal Recently O. L. Woomsey. M. IX, of S9 Austin St.. Worcester, Mass., wrote; "A stimulant Is frequently required In the practice of every physician. In the ' treatment of patients with weakened con stitutions, nervous troubles, during con valescence, etc. In Duffy's Pure Malt Whiskey. I are of the opinion that you have an absolutely pure article that, for uniformity and tfl fectlveness hss no equal. I believe it Is used more generally by physician, than any other similar preparation." Find It Absolutely Pore "It Is only when I consider It necessary that I prescribe stlmulanta for my pa tients. I then order Duffy's Purs Malt Whiskey which from t -i - , - -. . . ... t , a I II I II & Is absolutely mire" I Mum,., ir " . . ..' .(limit, gtkt u i S1 Vernon Ave., Chicago, III. Prearribed It For Year. "I have used Duffv'a Pur Xf i. orhi.L... In my practice for years. In cases requir ing a gentle-snd effective tonic-stimulant, snd the results, In every Instance, have been so gratifying apd uniform that t nave no hesitation In stating thst as a medicinal whiskey, I consider Duffy's In a class by Itself and worthy of all the claims made for It by thousands of brother Physicians, who. like myself, feel that nu hsrm Is done the profession to commend . where commendation Is due. You oesur edly deserve great credit for having main, tained suoh a high standard for Duffy a Pure Malt Whiskey, for so many year, and for making it possible to obtain an absolutely pure medicinal whiskey at suoh s comparatively small expense. ' L. X " -, . . ' -, ii uuimuiiiei, i. i. j t. . wAwiaasc, m. gj., n oonsocsei, 14. I. Tonic I I I