Omaha daily bee. (Omaha [Neb.]) 187?-1922, April 08, 1909, Page 5, Image 5

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    ITTR BEE: OMAHA. TITTTKRPAY, ArKTL S. 1000.
(
VALIDITY OF BILL COMES LP
Constitutionality of Daylight Saloon
Measure Questioned.
CANNOT CONFLICT WITH OLD LAW
Possibility of FraaaT In Passage Does
jet Kntrr lato Consideration -of
the ln4n of the
' Instraasoat.
I the "daylight saloon" bill constitu
tional? Thlt 1"4 fi'i'.'tlon agitating Omaha.
The possibility of fraud H the puilgt of
the bill doe not .enter Into the question, as
the supreme court him ruled several times
that the Journal of record cannot be Im
peached and haa barred testimony attempt
In to show that a bill was not passed
legally, provided the Journal showed that
a majority 'of the mrmbrri In either house
voted In favor of the bill.
The possible unconstitutionality of the
law la brought up on two points. One of
there Is the reported fsllure of the back
ers of the bill to repeal a conflicting sec
tion In tl Slocumb law and tha other Is a
possible violation of the constitution In
the manner of Printing the bill. On tha
lstter point the court would have to deter
mine what l( and what Is not printing.
Section II, article til of the state con
stltulton reads: . . , " '
Everv bill and conrurrocit resolution shall
be read at large on three different days in
each house and a hill and all amendments
thereto sh!l be printed before a vote is
taken on final passage.
During the rush of the lan few days of
the lcgila'.uie Trenroore Cone, chief clerk
of the house, did not want to take the time
to have the bills and amendments printed
in regular form anil therefore bougnt a
mimeograph, and the. copies of all measures
for each member were struck off on this.
The davllght saloon bill was one of those
printed" on the mimeograph.
"The product of a mimeograph machine
may be printed matter,"' said Walter P.
Thomas, attorney" and member of the lower
house, "but, the courts liave ruled that
typewriting ,is not printing and mimeo
graphing la quits similar to typewriting.
would rather rest a case on the printing of
the bill than on.tho possible conflict with
the Slooumh law."', .
Man Says Girl
Whipped Him
George P. Neilseri Hat Fifteen-Tear-
Old Miss Arrested for
Assault; ' '
Charged with assaulting a full grown
Tnn of average sixe. hitting him over the
head with a broom because he called her
names. Rose Anderson, a 15-year-old girl,
living at 2632 North Thirteenth street, was
released In polloe court Wednesday morn
ing as soon as she told Judge Crawford
her age. She had been brought Into court
on a warrant sworn to by George P.
Nellsen.
The latter lives next door to the girl and
asserted that she had Injured his scalp
by hurling a broom at him.
Although she admitted that she threw
the broom, the Anderson girl said Nellsen
had called her names 'which any woman
would resent.." Although she Is rather
well developed for her age, she Is much
smaller than either Nellsen or a burly
fitend who w
wa,,ln cor with, vhlm and
'trial 'M a'Wtiot safe, to live "'I
whd claimed
near her.
MORRISON MAY TAKE, BURW00D
Ponalar stork Star Ksoeets to Hit
Hla Own Company la
Omaha.
Albert Morrison, the popular stock com
pany leading mail, Is In Omaha for the
week, looking after possible summer ar
rangements. He may take over the Bur
wood theater and Instull there a stock com
pany for a summer run. Manager Wood
ward lias asked him to resume his place
at the head of tlio Woodward company.
Mr. Morrison lias not as yet decided on his
course. If he takes over the Bui wood, he
will, bring back many of the members of
the original company at that house, in
cluding Tom Davles, Florence Gerald,
Grant Simpson, John Todd. Charley 8ea-flt-ld,
Isadore Martin and othera.
Mr. Morrison has had a very successful
season at the College theater in Chicago,
and lias been re-engaged for next summer.
Torn Davles Is alio in the company, and
haa established his popularity there as
firmly as in Omaha.
New System of
Fees in District
Clerk's Office
New Law with Emergency Clause is
Now in Effect Over the
State.
A new system of fees in the district
darks office went Into effect Wednesday,
every county In Nebraska being affected
by the bill which was signed by the gov
ernor Tuesday. The new oritcr 01 airairs
will greatly simplify matters and will en
able the county commissioners through
comptroller or auditor to know esch day
what and where the clerk s ofllc stands.
The fees hereafter charged litigants will
be as follows:
Docketing cause, $2.50.
Kllinar netitlon. answer, cross-petttlon, pe
tition in intervention, interpleader, indict
ment or information, 12.50.
Filing amended or suosiliuien piHsoing,
demurrer, motion, affidavit, transcript for
appeal, reply or other paper not oinerwise
provided for (except praecipes, depositions.
mandates, receipts iir reee exmuii in
foreclosure cases and flies from lower
courts In appeal cases), each 60 cents.
Entering names In general Index and do
ing ail necessary indexing, each name 26
cents.
Issullng, filing and entering return or
summons, subpoena, order of attachment,
order of replevin, notice, citation, com
mislson, warrant, writ, capias, order of
arrest, or other mesne or final process not
otherwise provided for, $1.
Issullng order of Injunction, mandamus,
restraining order or other order of court,
300 words or less. 11.
And for 100 words or part thereof addi
tional. 10 cents.
Taking, filing and recording bond, un
dertaking or recognizance, Including Jus
tification of sureties, $1.
Issuing execution or vendl entering re
turn and filing papers returned by sheriff,
Issuing order of sale, entering return and
filing papers returned by- sheriff. SS.
Impaneling Jury, Administering oaths,
filing Instructions and exceptions thereto.
Jurv and witness lists and verdict to be
paid by the plaintiff before Jury ia Im
paneled, S3.
Filing, docketing and Indexing transcript
of Judgment, for lien from other court. Si.
Taking acknowledgement of deed or
Other instrument, 60 cents.
Taking affidavit, administering oath, cer
tificate or seal not otherwise provided for,
each 25 cents.
Making complete record for each 100
words, 10 cents.
Making transcript or copy of records,
filings or any other papers for first M0
words, 25 cents.
Kach 100 words additional, 10 cents.
Provided that no fee shall be charged
for services rendered in any habeas corpus
case and that all rules, orders, proceedings,
findings. Judgements and decrees of the
court, and all verdicts and special find
ings of the Jury, mandate and orders from
the supreme court and from the federal
courts shall be entered upon the Journal
of the court,, Indexed and noted upon the
docket, with charge, also sheriff's returns.
LITTLE GIRL SENDS HER MITE
Child at Hartlasjtoa Donates Dollar
In Pennies to Child Sav
ing Institute. .
Reading In the Omaha papers that chil
dren might help lay the foundation for the
new Child Saving Institute building- by
paying for a brick, a little girl named Jes
sie Carpenter of Hartinglon, saved her
pennies until she had SI which she sent
with a nice letter to the committee. The
committee announces that soma parties In
the city are sending out chain letters in
the name of the Child Saving Institute
building fund and that this method of
raisins; funds la not endorsed by the In
stitute and that such methods are consid
ered, undesirable, ., : " . : ., -
Nearly 11,000 was reported' Tuesday with
the following sucscrlptlons to the Child
Saving Institute building fund: .
Previously acknowledged S41,277.o0
Carpenter Paper company and 1.
W. Carpenter 600 00
Henry C Strelght 1'iO.on
Snvder-Trimble company 60.00
Kalston Commission company :.0n
Marsli Marsh 26.0U
Cnpeland & Klynn 25.m
W. O. Perry 600
A. J. Anderson ".0"
Talmage. McCoy Co S6.n0
W. W. Bingham 20.00
V. O. Trlau 6"0
H. O. Wise. Council Bluffs S.iirt
Joseph Polcar 5.00
Mrs. J. M. Gild J-00
I. . K. Pevton 6.00
Mrs. H. R. Cameron .w
The W. R. Butts Co 5.'
A. P. Carpenter, Hartlngton, Neb.. 5.i
J II. Yost, Harvard, Neb 6.00
C. C. Crowell, Blair. Neb 6.0n
A. O. Jones, Arcadia. Neb 6.00
H. F. Klmmerly. Beatrice, Neb &.
C. H. aeltsen, D. D. 8 3.00
Nellie J. Ware 1.00
Jessia Carpenter. Hartlngton, Neb. 1.00
ank Borowipke l.oo
.T. A. Mig J
O. B. Rice i "
Frank Goodrioh ' '
Earnest Anderson 100
Total .17.50
Balance to raise ai.B2.60
Mmtt of time, May 1.
EAS1 COMES WEST FOR WOOL
Buyers in the Field Offering Nineteen
Cents for Clip.
THIS IS BIO GAIN OVER LAST TEAR
Omahana Are trains Grower to
Get Twenty-Three Cents J
Ponaa or Send Their i
Wool Here. I
Advises received by Omaha bankers and
business men Interested In the wool iter
sge movement are to the effect that buyer
from the east are already In the field and
are offering 19 cents In Wyoming and
Montana for the clips. Some ars being
contracted.
This Is from 6 to 7 cents higher than
the prices received last jear. The clip
both In Wyoming and Montana la equally
as large.
To secure some clips, buyers have paid
as nigh as 21 cents, but Omahsns who are
posted are advising growers to get 23
cents or send the clip to Omaha for etor'
age, where It may be held, wltb every
chance of securing a price even better than
23 cents.
Goidbrkked -last year on their clip by
dealers who told that that 12 to 14 cent
wua the highest which could possibly be
paid as the tendency was downward, the
sheep barons saw their clip sold to the
commission men for 12 and IS cent and the
commission men received 20 to 23 and even
24 cents for the wool wtthlng three or four
months after the wool was sheared.
According to communication addressed
to Omaha one commission firm Is offering
to pay 19 cents for the clip and then pay
the storage charges on the number f
pounds of wool which growers contracted
to send to the Chicago warehouse. The
Omaha warehouse company and the busi
ness men Interested In the storage move
ment In Omaha did not require grower to
sign contracts that they would send any
specified amount of wool too Omaha. CM
cagn required this and now It 1 said the
wool must either go there for storage or
the company can collect the storage orr
the amount of wool contracted. Thl put
the growers in another peculiar position.
If 23 cents Is offered by the dealer and It
Is satisfactory, the grower are still com
pelled to pay a storsge charge In Chicago.
Whether the Chicago plant will enfore
such contracts In a matter of conjecture
with growers, but from letters coming Into
Omaha, the growers are satisfied their
friends are on the Missouri river.
Omaha Needs
Omaha Spirit
Advice Given by N. H. Loomis as to
Pushing the City's Interests
to the Front.
Coming to Omaha a a new resident and
looking for property, N. H. Ixiomls, general
solicitor for the Union Pacific Railroad
company, told real estate dealers at the
noonday meeting of the exchange Wednes
day that the values of property were far
too low In Omaha.
"Omaha has the location, start, opportu
nity and the business men; what the city
needs is, a revival of the Omaha spirit,"
said Mr. Loomis.
"This bragging proclivity of the average
cltixen of Chicago is what haa made Chi
cago, and you should brag a little, and
get your neighbor to brag; about Omaha
after learning how great is the city, for
out of the abundance of the heart th
mouth speaketh.
"From my observations In your city noth
ing but a miracle can stop the progress
and growth of Omaha, but you want to
teach your people more of Its merits. When
1 came to Nebraska from Kansas I could
find no history of Nebraska whloh could
be used as a textbook. If I may make the
suggestion, a history of Nebraska, with all
its romance, should be written and it
should be a ' text book In your schools.
On. aha should have a good chapter In this
history because of what Omaha has dons
for the state."
REV. COMBIESMITH CHANGES
Former Omaha Preacher Leaves Buf
falo and tioes to Kan
sas City.
Rev. ' E. Combie Smith, formerly pastor
of First Methodist church of Omaha, is
t ow pastor of Unwood Boulevard Metho
dist church, Kansas City. He has recently
gone there from the Riverside Methodist
church of Buffnlo, to which he went from
Omaha:. He Was succeeded In Omaha by
Rev. Frank L. Ixiveland, D. D., present
pattor of First Methodist church.
The King
Sold only
t-r 7 SnJk
Printer's Ink
Unites Family
After Long Time
Publioity in Newspapers Brings
Members Together - After
Twenty Tears.
After twenty years of separation and
suspension of correspondence, a family of
three sisters and two brother were made
completely acquainted with the where
abouts of each other and four of them
learned that the elder brother, who had
been mourned as dead, wa a prosperous
ranchman and owner of mining stock near
Ryan, Wash. ' '
Newspaper stories brought- about the
restoration of the family clrc.'
John Hope Is the man wtioso -disappear
ance from hi ranch near Ryan two months
ago worried the neighbor, and started a
chain of police Investigation and newspaper
articles that not only cleared away all
trace of mystery from bis part of the case,
but also told his stepbrother and sisters
that he was alive and proaperous.
Mrs. Margaret Brown, wife of the cus
todian at the Rod and Gnu club; Mr.
Ernest Kttner, also of Omaha, and Mrs.
John Lawson of Irving-ton, Minn., are the
sister who had supposed their brother,
John Hope, had died since he left home
twenty years ago. Charles Gllligan of
Omaha, brother of Mrs. Brown and half
brother of Hope, was the fourth member
of the family who never expected to see
Hope again.
When letters concerning Hope's disap
pearance were received by the Omaha
police, they were printed In the newspapers.
Mr. Brown and Mrs. Kttner happened
to read them and eventually learned that
the missing man was their lost brother.
Gllligan was sent to Washington to In
vestigate the matter, which immediately
cleaned up when Hope waa found to have
returned to his ranch after a sudden busi
ness trip.
Gilligan Intends to remain with his newly
of Wheat Foods
In
NATIONAL BISCUIT COMPANY
A
JL '
milk over them; add a little cream and salt to suit the taste.
Or, if you don't like milk, try it this way : Heat two Biscuits
in oven to restore crispness; then dip them quickly in salt
water, place a piece of butter on the Biscuit, allowing it to
melt into the shreds. mmi-
Or, heat the Biscuits in oven, dip them in milk, drain,
and fry in butter, after which they may be served with a
little cream, if desired. ,
A little fruit makes the meal even more wholesome and adds
little to the cost. Try one of these tomorrow.
Shredded Wheat is made of the choicest selected white
wheat, cleaned, steam-cooked and baked. Try it for breakfast
to-morrow with milk or cream. The Biscuit is also delicious
for any meal in combination with fresh or preserved fruits.
THE ONLY "BREAKFAST CEREAL" MADE IN BISCUIT FORM
found relative during the coming summer.
Besides owning a large ranch 'between
Ryan and Arxlna In Washington, Hope Is
said to have valuable holding In gold
mine stock. It was on business connected
with the latter that he went to Spokane
and left some of his neighbors believing;
that he had met with foul play. He Is a
bachelor and until this spring lived alone
on his ranch.
Although Hope and the other members of
the family did not care for so much notor
iety, they are not complaining, for it was
through notoriety that they were brought
In touch with each other again.
Back to Omaha
for Business
Otto Wagner Will Return and In
vest His Money Where it
Will Increase.
Otto Wagner, an old-time Omaha baker,
who sold out his business In Omaha a year
ago and moved to Peoria, III., to take an
Interest In the National Bread company,
will return to Omaha and doubtless Inter
est himself In business.
Mr. Wagner owned the vacant corner of
Seventeenth and Cuming streets. A year
ago he sold a part of the lot for S'.OtK) and
closed a deal Wednesday whereby N. J.
Petersen secure the north lots for $4,200.
Mr. Petersen owns the cement block fac
tory which has occupied the lots under
lease.
To Dissolve the I'nlon
of stomach, liver and kidney troubles and
cure biliousness and malaria, take Klectrlc
Bitters. Guaranteed. 50c. Kor sale by
Beaton Drug Co.
Storm on Black ea.
CONSTANTINOPLE, April 7.-A storm
has been raging on the Black sea for the
last two days. Several Turkish vessels
have been wrecked and a number of lives
lost.
Delicious, Nourishing
Meal for 5 Cents
XTOU don't believe it,
do you? Here it is:
Take two SHRED
DED WHEAT BIS-
CUITS ; heat them in
the oven to restore
crisnness. oour hot
Large Buildings
' Are Still Going
Up in Numbers
Three or Four Good Sized Structures
Launched for Down Town
Districts.
The Omaha Fireproof Warehouse com
pany has made application to City Building
Inspector Wlthncll for a permit to -erect a
large reinforced concrete warehouse build
ing on South Sixteenth street at a coat of
$TiS,0n0. The building Inspector has not
issued the permit as yet, but will do so as
soon as the plans are found to be In con
fnrmity with ordinance regulations.
The warehouse will cover a ground space
of ttfxlSu feet and will be five stories high
The location la Sixteenth and Mason streets
just south of the viaduct.
Plan for another large building are also
being looked over In the building InspeC'
tor's office before the Issuance of a permit
This application Is made by KIopp & Bart'
let, printers, for a four-story addition I2x"5
to the firm's building at Tenth and Doug
las streets. The addition will cost 118,000.
Negotiations are also understood to be
under way for Improving the realty on the
soutli side of Jackson street between Six
teenth and Seventeenth streets, where the
old P. K. Iler home formerly stood. In
this same vicinity an excavation is being
made at Seventeenth avenue and Jackson
streets for a 150,000 apartment house.
M0GY MAKES YEAR'S REPORT
Probation Officer Shows Hla Depart'
meat Haa Hern Busy Dar
in; the Tear.
Probation Officer Mogy Bernstein sub
mitted his annual report to Judge Lee Ks
telle Wednesday morning. The Juvenile
court year lasts from March 22 to March
32, and the report Is for the year just ended,
There were 1.67? cases all told which came
up, 1,10 of these being new and 674 old.
ran
l r
I ,..
i
i
t
m
Of the total 1,083 were boys and 684 girls.
Eleven hundred and sixty-two were found .
delinquent, 161 were classed a "depend-'
ents" and 764 were "neglected.''
One hundred and six boys and girls were"
placed In private homes and 3S8 went to' '
the Detention heme for varying periods. '
Twenty-one boys were sent to Kearney and
ten girls to Geneva, The disposition of
others Is as follows:
Nebraska Industrial schpol, Mllford '3
Child Saving Institute .Ml
Salvation Army Rescue Home .... "l
Douglas County hospital 14
St. James Orphanage, Benson. 4
Institution Feeble Minded, Beatrice I
Good Shepherd &
School for Blind. Nebraska- City 1
Slayer of Lq.wery ,
Pleads Not Guilty
John Masauredis, Greek Wh4 Killed
Policeman, Enters Formal'
Denial.. V'C ? '
John Masauredla pleaded not guilty., to
the murder of Policeman Edward Ivowery
of South Omaha before Judge Sears ($
criminal court Wednesday afterfioon.'
The Information read aloud .by CduntJI,
Attorney English waa translated,' -sentence;
by sentence, to Masauredla, . by . John;
Basllaus, a prominent Qreek resldent,.
Masauredis seemed to be suffering much
"pain. Jail officials declared him shHmrningy
He sat lefore being arraigned with oo'
hand Inside his coat apparently . pressejti
against the wound In. hi breast.. ..
He walks with a limp, due to the.bulfet
which struck him In the leg.'' While , th
information was being read he . stood ' jf
a time, but after a few minutes began ti
quiver all over and waa allowed to.slt,?-
Several other men also pleaded not guilty
These were Fred Howard or charge pr4)r
ferred by a young girl. John Srrilth f0
arson in the Sunderland Bros.' 'fire, Jl V
Summler, Thomas Herbert,'. Fred Bafto
and John Foreman, the last' four being
charged with breaking and entering.'' '?
Quick ' Action for Tor Money Ton gt
that by using The Bee advertising column.