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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Sept. 8, 1909)
3 -ajMWf I Nebraska C.T. KOUNTZE. PStSIOtNt, FN. DAVIS. Vica-P n c s o int. L..L.. KOUNTZE, 2 VlCI-PRIilOINT, T.L.OAVIS, Caimiis, IRVING ALLISON. ASSISTANT CAAHirsi. !T5 w"' BRIEF IV TIIE NORMAL CASE Respondents Insist There is a Mis joinder in the Action. Oldest National Bank in Nebraska. Organized in 1857 as kountze Bros. Nationalized 1863. Charter, n? 20a MANY VISITOES TO THE FATE JBV -"V. - 1 , la Spite ef the Mad and Rala All Tralas Com la a" to Lincoln Are Landed aad Crawds Vtalt the Greaada. TIIE BEE: OMAHA, "WEDNESDAY, SEPTEMBER 8, 1009. af af T 1 A ST . Oh rsTft ..:.,j2S3SJ t 4 V Whenever you' V want a del " GET 5c ' Vr-"".' i . f V V i mm iHiilmiJ ' in i - Come In.!. Hot? Come in and get a glass of Coca-Cola it is cooling and refreshing. Tired? Come in and get a glass of Coca-Cola ft relieves fatigue. Thirsty? Come in and get a glass of Coca-Cola it quenches the thirst. DRINK odily fagged or brain weary or just icious, wholesome, thirst - quencl beverage, THE GENUINE Everywhere Whenever you see an Arrow think of Coca-Cola. Complain About Prize Fights lesult is Attorney General Iuues Instruction! to Douglas County Official!. (Tram' a Piatt Correspondent.) LINCOLN. Neb.. Sept. 7.-(8peclal.) Lttorj1ey Oeneral Thompson ha Instructed County Attorney (English of Douglas lounty'to arraet Guy Buckle and another tarty1,' who are alleged to hare bad a prise liat In South Omaha a few days ago, and tlso to take steps to prevent any p',1 tight Vlurina. t&a , session W - ther Bagtea, tow being advertised. ., . The act.on of the attorney general was :he result of the receipt of a letter- from C. W. Goodsetl," 21M ' Meredith avenue, Omaha. , In which the writer enclosed sv iral clippings from Omaha newspapers re tarding the Duckies fight and the proposed fights to he pulled off later. Ha tnformod the legal department that the officers of the city and county would not enforce the law relating to such matters, and he would like to be Informed what steps ha should take to prosecute the Interested parties. Mr. Thompson at once gave his Instruc tions to the county attorney. Prise fight ing In Nebraska Is a felony. "Attorney General Thompson haa tele phoned to me," said Deputy County At torney Magney that a complaint had been made in regard to prise fights In Omaha and that everything should be done to prevent them In the future. Mr. English is ut of the city, so I notified the sheriff, who will see that no prise fights are pulled off in Omaha or the county during Eagle week or any other time. The attorney general said nothing, however, concerning the prosecution of participants In past fights and we know of none that have taken place." Sheriff Brallsy received the notification of the complaint, but declined to make any atatement concerning it. Captain-Mostyn. who is acting as chief of police said. "Don't worry about a prise fight being given In this town during Eagle week because there won't be one. The law states that any one who takes part or helps in the arrangements of or even sits to see a real prise fight Is guilty of a penitentiary offense. There haven't been any prise fights In Omaha and I don't think there will be, although I cannot speak for Chief Donahue, who will be back during Eagle week." I "As fsr -as the Eagles are concerned," said John J. Ryder, secretary of the con vention, "we have shown no great desire to have a prise fight and don't want one. The Eagles certalnlyvjiave no wish to aid any movement against the laws of the state in which) they arn to be visiting. Pohomyolitis Epidemic Over Last Quarantine Card at Stromsburp Taken Down Only One Death in That City. I'NITKD BRETHREN MINISTERS Appointment Hade at Ifehnwkn for Entslif Year. NEBRASKA CITY. Neb., Sept. 7.-(Spe-cial.) The thirty-eighth annual conference of the United Brethren church east Ne braska conference closed Sunday with the announcement of appointments. The con ference was presided over by Bishop W. M. Weekley. The church has a large Increase in membership over a year ago. The finances of the church are In fine condition. all collections for benevolences being full. The collections for foreign missions amounted to U.000. The Sunday school work is advanced In all lines; and more normal graduates are claimed than in any other denomination. thus giving this church sflrst plaoe. Rev. W. E. Schell was re-elected president of York college. An effort is being made for a union between the United Brethren and the United Evangelical churches. Mr. Miller of Lincoln presented the case of the latter church, and Rev, W. O. Jones of Lincoln was selected to carry greetings of the United Brethren church to the next annual conference of the Evangelical church. The list of appointments follows: S. W. Lynde. presiding elder; Beatrice, J. R. Mower; Blue Springs. J. A. Smith; Cheney. B. C. Bally; Crab Orchard, W. O. Rooker; Dubois. A. Payne; Falrbury to be supplied; Oresham and Waco, C. D. Bennett; Harblne and Zlon. E. N. Ballou; Julian to be supplied; Lincoln, W. O. Jones; Lushton, J. A. Smith; Memphis, Charles Foster; Nehawka to bo supplied; Otter beln to be supplied; Omaha, M. O. Mo Laughlin; Panama, 8. W. Brink: Pawnee. H. N. Hulse; Plckrell, C. S. Long: Pleasant win, A. vv. iNeviu; Reward, j. t . Mower; Sheby, I. K. Surface; Shlloh, J. F. Hedges; mrang, j. u. nnyaen; owanton, 1. K. Meese; West Blue, O. E. Gregg; York, J. W. Burket (From a Staff Correspondent.) LINCOLN, Sept. 7. (Special.) The brief of the respondent in the ault wherein the attorney general Is seeking to have the su preme court declare unconstitutional the law which created the new State Normal board, has been filed by Clark A Allen of Lincoln and W. D. Oldham of Kearney. In his suit the attorney general declares the creating the board unconstitutional and the appointment of Colonel Thomas J. Ma jors to membership on the board Illegal be cause Colonel Majors was a member of the legislature which enacted the bill and was still a member at the time of his ap pointment. The respondents contend that the petition of the attorney general does not state a cause of action and that there is a mis joinder of causes of action. In a discussion of the question of a mis joinder of action the brief says the foun dation of the cause of action against all of the defendants is that the act of the legis lature In. Invalid. The foundation for the eause of action against Colonel Majors is that the act Is Invalid. If the cause of ac tion against the respondent Jointly Is sus tained, the brief ( says, It destroys the foundation for the" cause of action against Majors. If the act Is unconstitutional there Is no office, then the respondent. Ma jors, cannot be charged with holding of fice in violation of the statute. To prove the violation of section IS. article III, of the constitution it must be proven there is an appointive office In existence which a mem ber of the legislature is noiaing Dy appointment. People Coming" Fair. The people of Nebraska are not to be cheated out of their Btate fair by a little rain, that's very certain. Trains that came Into Lincoln last night were crowded tn th Kuarda and so were the trains today. While It was muddy on the fair grounds and muddy In the streets in Lincoln the crowds seemed to have a good time. Many of the people flocked to the state house, visited the varioua offlcea and paid their respects to the state officers, who In turn quit business In the afternoon and went to the fair. Fight for offices. A big fight Is scheduled to occur at the meeting of the American Order of Pro tection, which meets here next week. The fight will be between O. C. Bell, present supreme secretary, and C. P. Gaylord, supreme Judge of the American Order company. Both want to be supreme sec retary. The American uraw company A bank which gives to every customer and to every depart ment that careful and thorough service which has been made possible by 52 years of growth and experience, combined with the close personal attention of all ef its officers. Capital. Surplus 61 Profits 1.200.000.00 Assets Over 13.000l00a00 ORDER HARD GOAL NOW Sunderland patrons always burn the best quality of hard coal, but this year they will be better coaled than ever before. We have put into our enormous coal bins a fresh supply of clean, bright, Quality Hard Coal, price Every carload of coal shipped to us is: 1ST Bought from the most dependable shippers of selected high grade anthracite coal. i 2D Inspected before shipment. 3D Examined again on arrival at Omaha. When you pay $10.50 a ton, you can afford to be sure of the best quality, best service and absolutely correct weights. You can even afford to switch this year to Sunderland, coal. That is what hundreds of thoughtful buyers are doing, and that is why we now re quire forty and will soon need fifty big yell-o-wagons. 'Phone, call, or make signs and we will serve you to the best coal mother earth ver produced. ORDER NOW. 1614 Harnoy Bell. Didj. 252; Aoto., A-1251 STROMSBTTRO. Neb., Sept. 7. (Special.) The teat Individual case of quarantine on account of spinal meningitis, or pollomyo lltls, as It Is now determined to be, was raised here on Tuesday of this week. The epldemlo covered a period of ten weeks and was a matter of much concern to the peo ple of this city for a ttm but It was soon gotten under coniroi, ana most oi tnose at tacked by the disease were 111 but a day or two. There were between thirty and forty oases altogether, but only one death resulted, and there has been but one death from the disease In the farming country tributary to this city. Public meetings aro now being held as usual and fear of a fresh outbreak of the epldemlo has disappeared. Drn eclats Are Arrested. BEATRICE, Neb., Sept. 7. (Special Tel egram.) Beck & Bullis, druggists, were ar rested todaylm complaint filed by Mayor Rutherford, charging them with selling Frank Larlmore and John Doe a mixture containing 93 per cent alcohol. The de fendants were arraigned before Judge Ellis and pleaded not guilty. The case was set for hearing September 22 and defendants were released on bond of 150 each. The firm says that the mixture sold by them is known as essence of ginger and Is used by all druggists throughout the coun try. Nebraskaaa at Chicago TTalTerslty. CHICAGO, Sept 7. (Special.) At tho summer convocation of the University o Chlcsgo last week there were 207 graduates and fourteen associates, mostly teachers fiom out of town who took a summer post graduate course. Among them were John Wlble Baumgardner (Ed. B.), Alliance; Ar thur Howard Sutherland (Ph. D.), Orace Abbott (Ph. M ), John Martin "Frederick Heumann (8. B.) of Grand Island; Emma May Miller (two years certificate), Lincoln; Fred Williams Gaarde (S. B ). Mlndi-n. was organised by officers of the American . ,,, . iiht nnt. to . ,.- j a. , v - - Order or rroiecuon " be erected by It. a stated amount did the field work for De rc!1 the last named company. The administra- ipriTED BRETHREN CONFERENCE tlon officers of the Order of Protection desire to continue in office and with oay- Rf port. show Charon to Be la Floar. lord several or tne minor omcere w Uhla Condition lined up for better places., a memoer irom PLATTSMOUTH. Neb.. Sept. 7.-(Spe- Denver being ooostea IOr .upr, c,a, jThe thlrty.ei-hth annual meeting of mander. I .v.. trn. vhp.iia KnnfnM nf th TTnlted newt, sees a. ew Brethren church has closed. Bishop Wll Felix Newton. DOOKiteeper ,,,m WMlclev nreslded. Ex-Governor asylum, though ne raueato reg..r . Sh.Mnn v, th. fllates. !. V. .V,-, a..rr nt.rtil.nt'l fm T " " ..7" ; . " f or fortv. The gain In membership was satisfactory. he did kick when Miss Hannah Kelley. All salaries and benevolences promised had perlntendont of nurses, had her sister been promptly paia. ino ounaay iui. vlnit her. When Miss Kelley's pay check were reportea to oe in a pnioruu cu.iu.- for 160 waa ready for her, Newton de- tlon. It Is claimed that the Vnlted Bretn- manded of the board that tS be deducted ren church has a greater number of Normal for board for her sister, who had been Sunday school graduates than any other her guest for a day or two. The Doara denomination. A greater Increase of mis has taken no action on the request lnnarv collections was reported, which will Get Pay for Coal, y ' enable this conference to assist the Gen- The Union Fuel company of Lincoln will era! Missionary society, shortly get Ms money for a car of coal Dr. Miller brought greetings to this con It said It delivered to the Lincoln asylum ference from the United Evangelical last March. Bookkeeper Felix Newton church, with which this church Is seeking Insisted to the board that the coal had a union. Rev. W. O. Jones of Lincoln was not been received at the Institution, so appointed to carry greetings from this con- the board refused to order the warrant ference to the next conference of the Evan Issued. Today the voucher was received gel leal church. Rev. W. E. Schell was re st the atata house signed and approved elected president of Tork college. by Superintendent Woodard, less some $2.60 The following appointments were made: which Newton Insisted on deducting. New- presiding elder, S. W. Lynde; Beatrice, ton was at the state house this afternoon J R. : Mower; Blue SpHngsJ. A. Smith; and he still Insisted mat tne coai naa . - nhnls(, A. p.vne: Kairbury. to not been delivered. The coal company f lied I be aupplled; Gresham and Waco. C. I). Ben- statements from the railroad company that netti Harblne ana ""l1""' . ... - .r,!n w n. Jones: Lushton. J. A. Smltn; the coal had been aeuverea. Memphis. Charles Foster; Nehawka, to be McGloler-Stetter. supplied; Otterbeln, to e supplied; omana. J. E. McGinley. a prominent citizen .f & JM Douglas, and Miss Helen Stetter of Te- pleasant Hill. A. W. Neville; Seward. J. F. cumseh were married at the cathedral this Mower; Shemy. l a. rwian; eniion. j. r. uflii.H' Ktranff. J. L. Hayden; Swanton, I morning by iratner r.a.ey. iney w r, Mee; West Blue. O. E. Gregg; York. attended by Ueorge Mcuimey oi ugaiana. j w Burket i . i A Ka mrfn mnA Mini Flvnn nf I "".I": . . L.A nl. will I SPEAKER POOL TAKES FARTHER QatlA aavrtn-ltlnn &nd tha PaV- v.v ... .-, Half Interest 1 Cine coasi on men wi,jr had left a lamp burning. A window was left partly open, and It Is supposed the wind blew a curtain or shade against the lump. KEARNET-Superintendent C. B. Manuel of the State Induntrlnl Bchool returned on Monday from a trip through southern Cali fornia. Mr. Manuel departed from this city at the time Governor Shallenberger and party left, but has taken advantage of the opportunity to see the west - more ex tensively, y KEARNEY Kearney public schools opened this morning and although It was pouring down rain all forenoon a good at tendance Is reported. Two hundred and two pupils were registered In the high school and many more will come In to morrow. The schools will be crowded to the limit. BEATRICE Miss Manley, a girl It years of age, disappeared a few days ago from her home at Marysvllle, Kan., and as yet her whereabouts are unknown. An of ficer, learning that the girl waa In Bea trice last Saturday, came here yesterday In search of the girl, but could, get no trace of her. KEARNEY Dan Atchison and family left Monday evening accompanied by his son, Allen, for Los Angelps, Cal., to take up his permanent residence in that cltv. Mr. Atchison has resldod in this city for many years ana traveler out of here for Paxton & Gallagher of Omaha, for .whom he worked twenty-five years. TABLE ROCK Word was received here yesterday of the death at the family home In Council Bluffs. la., of the 2-year-old son of Mr. and Mrs. Louis C. Wolfe, after severe Illness. Mr. Wolfe Is on the staff of the "Nonpareil," In that city. Beth Mr. and Mrs. Wolfe formerly resided here. The body waa brought here for Interment F REMONT Charles Lee and Jnunh Welch were released from the county Jail this morning after serving a thlrtv-day sentence for stealing a suitcase, and Im mediately re-arrested on the charge of stealing another suit case from Ralph Mehuron of Ulysses. They were convicted and given another thirty days each. Lee P ST JiOASTIES Have their own distinctive flavour, that delights old and young. With sliced peaches, cream and sugar there's a winning combination. A delicious Uinfy with a taste quite out of the old r routine. 1 a. i aanaa-. I1B .J l. Easily prepoLred- Sure to please company rnd home folks. Hla Teeameeh Newspaper Mora Spinal Mealnltls. I TECUMSEH. Neb., Sept. 7. (Special.) State Health Inspector Wilson today re-1 c w p00l. sneaker of the house of the celved several . more reports of cerebro I last Nebraska legislature, has sold a one- spinal meningitis affecting persons at blmlh.1f interest in his weekly paper, here, the Creek, Ulysses and other points. While Dr. -eoumseh Tribune, to Mr. Howard of Iowa. Langfeld of Omaha la quoted as having I u , Baa that Mr Poo wtn not devote his said the disease Is not oerebro spinal men- I wnole t.me to the paper In the future. ingltla, Dr. Wilson, from tne re pons ne is receiving, has no doubt of the correct dlag-1 Printers' Vnlon at Beatrice. nosta by the local physicians. During July BEATRICE, Neb., Sept. 7. (Special Tele eighteen death were reported to the In- gram.) K. S. Fisher of Omaha met with spector and while the reports for August the printers of Beatrice 'and organised a have not yet been compiled It Is believed union with a membership of twenty-two. the number will be higher. These officers were elected: M. M. Falk, president; B. F. Robinson, vice president; Disappointment for Wymore. Miss Ines Sohaffer, recording secretary; WYMORE, Neb., Sept. J. Word from Al Nelson, secretary-treasurer; jonn mei- Holmesvllle Is to tho effect that It Is ex- fer, aergeant-at-arma. wtMl th lam dam on the Blua river. Kin h..nt ther. will be comDleted bv JTebraska Newt Notes, N.mh.. 1 Wvmor. had hnntri to aecura HBATKK K 1 ne cuy mjiiuuib oiicucu lu.. i.ih,. , thi. yesterday with an attendance of 1,543. - . I rx a rt t t- i3-w-lf Pain K fall Art nnn. being said that the builders of the tlnuoulv here lnce 11 o'clock Sunday oontemolate using the surplus power to Ovor two Inches have fallen and the ground . . - I . . m, -1 m 1 I I.,I,.M nJ operate a large electric light plant, and is now in tine ni iur i iiuii furnish current to the city cheaply. It "ea,n8. Is now reported, however, that the Elec- says that he had Just finished a thirty day sentence in the Douglas county jail when he was arrested the first time, in July last. The pair Is likely to have to answer another Ilka charge when their time is out. KEARNEY A. E. Walter purchased tha Kearney Automobile company garage Mon day and will refit It with first class . machinery and equipment Pranks A Mott, the former proprietor held simply an option on the business and the lease. Dan Atchison was the leasee and he revoked the lease and sold the business to Walters. TABLE ROCK Schools opened today with the following eorps of Instructors: Superintendent, Prof. L. P. Grundy Principal, Miss Flora Purlnton; assistant principal, Miss .Mary Goodrich; second grammar. Miss Nellie Snoke; first gram mar, Minnie Boggs; Intermediate, Balm Shorter; second primary. Miss Nalle Irwin: first primary, Miss Emily A. Cook., A Narrow Banana. ' Edgar N. Bayllsa, a merchant of Robin, sonville, Del., wrote: "About two years ago I .was thin and sick, and coughed all the time, and If I did not have consump tion, u was very near to It. I commenced using Foley's Honey and Tar, and It stopped my cough, and I am now entirely well and have gained twenty-eight pounds, all due to the good results from taking Foley's Honey and Tar." Sold by all drug-glsta. Bnlldlnai Permits. Douglas Security company. Thirty-third street and Lincoln avenue, frame dwelling $3.70Ot Otto Deurhler, Sixteenth and W ster avenue, frame dwelling, 1T.00: J Freiden. Thirty-third and Maple streets' stone store building. SSOO. Caught In fme Act atict arrested by Dr. King's New Life Pills, bilious headache quits and liver and bowel act right Co. Sold by Beaton Drug Co. ewave of Bmi nations Cheap. Substitutes and "Just As Good As" rg'mlted Crisp, Golden-brown flakes made of White Corn. . At Grocers. Popular Pk?. 10c. Lar;e Family size 15c "Tho Memory Lingers" TOSTUM CEREAL CO., LTD., BATTLE CREEK, MICH. RKATRICE J. E. Btutrman. one of the . m,b,r. In th omnlov nf the OlS8 trie Service company, nhich Is located In county Gas. Light and Power company, Reatrloa and furnishes electric current to suffered a badly burned face yesterday Wvmore and Blue Sprlnas. has secured " a result of an explosion at the plant. the entire output of the proposed electric 1 be7onr?hehat tne plant, and It such is the case this leaves h.nk. w,rB closed. Everything else went Wymore as bad off as before. The com- 0n Just the same, the farmer or the coun ..in nka a rala in tha riiv irv himineps man innocently Ignoring the cheater than 15 cents per kilowatt hour. -' l 7v,pect lhe "tbor"'" ..... ... . . , man of the country. wnicn is i cent ceiow in. raie to private TABLE ROCK The body of Mrs. Joe consumers. The council minus that rate rn..i wno died at her home, near Wanh- ls not low enough. The report that the Ington, Kan., was brought here for burial Electric Service company had secured the Friday and the Interment was at the . . , . . Bohemian cemetery. Khe leaves a husband current has not been confirmed, but It Is h,Mr.n who accomoanied the admitted that the Electric Service com- I kh Th.u fnrmet-lv lived here. I 1 J . " J w. Dtnv has been negotiating with such an m iTPirrTh. T'nlon Pacific Railway object in view. The council Is now con- company will bescln baliaming its roadbed ! Id. ring a scheme of putting in a municipal between Marysville and this poi nt with ; it h. l.l..n. Will Vf K(IWI knnHy I ' ", . for the purpose. They are going to wait, however, until a water supply Is found, and combine an up-to-date mater plant and electric plant. Rumors are heard with Increasing frequency that local capital will unit In building a power plant on the Blue river a short distance below the town, tne coniiaii3' ' power to any i manufacturer wanting It and to alto use traffic. The company will got Its supply of rok from its crusher at Blue Springs, which will soon be put in operation. FREMONT The fire eepartment waa railed-out about 19 o'clock last night by a fir at the home of Ed. Tidd, at the extreme south weet corner of the city. On account of the long run the building was all In flamus when the firemen arrived. Only the rear part of tlie house was saved. I.op on building and furniture Is about SI 2u. with tftuO insurance. The family wait spending the evening at a neighbor' and ill mm. Hi! Unacrupuloo dealers, mindful only of profit and in, uotning ror the health of their oatrona. nr. rr for sale low-grade. Impure whlakey, which they tall yi i a "good as Duffy." It I a cheap concoction and fraud, la ten dad to deceive the people. Of ooura. whan a remedy haa been before tha publlo so loo, than been prescribed and used by the beat doctor and In all the prominent hospitals, and haa carried th blessing of health Into ao many thousand of home a Duffy4 a Pura Mali Whiskey has. Imitations ar bound to aria. But they eaa UnitaUs th kottla and lafcal onj- ao on oaa Imitate the oonteats. Duffy's Pur Malt Whiskey an absolu6sl pure distillation of malted grain; great oar being used to have every kernel thoroughly malted, thua producing a liquid food, requiring no digestion. In the form of a medical whis key, which I one of th most effective tons stimulant and lnvlgorator Itnown to science; It palatablllty and fredom from Injurious ub stances render it so that it can be retained by the most sensitive atomaoh. BEWARE OF FRAUD8 Any firm that will aell Imitation dr substitu tion goods will sell Impure goods. Th firm that la dlxhonest In on thing would not hes itate to be dishonest In another. Whenever you sea, Imitation and substitution goods AtTered for sale by a firm, beware of anything and every thing put up by that firm. Yen endanger your own life and the Uvea of your family and friends by dealing with them. Duffy's Pure Malt Whiskey la sold In sealed-bottles only never In bulk. A fac simile of the genuine bottle la printed here so that you may easily recognise It It I our own patented bottle roun, amber colored and with the nam "Duffy Malt Whiskey Company" blown In th glass. The trademark the Old Chemists Head Is on the label, and over th cork there I an engraved paper aaal. Be certain this seal 1 not broken. It Is the only whiskey recognised by doctor everywhere aa a family medicine. At all drug gists, grocers, dealers, or direct II a bottle. Write Medical Department. Th Duffy Malt Whiskey tY.. Rochester, N. T.. for fre 1 lostratad medical booklet and free advice.