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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Oct. 12, 1909)
10 TITE REE: OMAHA, TUESDAY, OCTOBER 12, 1000. BURSAM NEVER SAW BRIEF Jays Hot Shot at Supreme Court Waa . Fired by Dunn. JOKES AT CITING FOB CONTEMPT "Rather Startlla to Retar from Fttr WmIu1 Vacation ail Meet ' ftaek mm Order," He uri) la Jaealar Vela. "After brine awsjr four weeks enjoying the pleasure of a vacation, It la rather startling to find myself cited for con tempt of the aupreme court," said City At torney Buroam, with a smile. "Speaking seriously, though, I think I never saw that brief, becauss Mr. Dunn had charge of the Robinson caie and handled It all through." , The brief In question, that has been sup pressed by the aupreme court, or at least removed from the public files of the court. In a document of fifty pages. It Is entitled "Brief and Motion Appellant for Rehear ing," tn tho case wherein Anna J. Robin son had secured a verdict for $1,640 against the city of Omaha, which verdlot was sus tained, in the supreme court, with Judgea Let ton and Barnes dissenting. Examinations shows that the brief writ ten and submitted by Assistant City Attor ney Dunn Is quite caustic. After quoting a sentence from the decision of the supreme court, -which was written by Judge Rose, the city's brief says: "Trrts would aftern to show that Mr. Jus tice Una started out without understand ing or having- clear In his mind what the complaint, of the1 plaintiff was, or Just what negligence' was charged against the city." Further on, the brief says: "1 am not" aware", of course, where Mr. Justice flose rmS been In the habit of see ing arid using sidewalks, nor where he ob tained the Information which enabled him to become a sidewalk expert." Hot Sfcrtt rot the Conrt. ' It' appears to me, that the writer of the opinion felt that the exigencies of the cue- weVe such that he waa at liberty to Ifenore all of the evidence In the case except ' that favorable to the plaintiff. 'And It would eeem that courts ought not to deem It thlr duty to place a strained, unfair and unreasonable construction upon testimony to sustain a verdict obtained by perjury and fraud." "Again, Mr. Justice Rose read the record by some pecuMar. method of his own, through which he . discovered a good deal that was not there.'' And the brief then quotes the exact language of- testimony on which the su preme court opinion ia based, holding that the Justice writing the opinion based it on the Isolated answer to one question, Ignoring, ali fother testimony. "Does a mere speculation, opinion or guess, constitute evidence upon which a Jury .may base a finding, and verdict? , If Mr, Justice Rose thinks so, It might profit, him to read the opinions of this , and other, courts cited in our former brief." "If this court Is ready to enter upon the task . of revolutionising the law in that proof Is no longer necessary, and that all that Is required to rob a city or befoul a name Is a probability drawn as a con clusion from an opinion based on nothing, ..the court has certainly made an excellent start," . ' Is Rose be Sustained. Another pointed query by the ssslntant city attorney is: "Let me ask the court whether or not. Mr. Justice Rose is to be sustained Iq the proposition that a ver dict is supported, by sufficient evidence whloh Is based solely upon the opinion of the plaintiff as to the essential fact In the case?" Mr. Dunn goes extensively Into the evi dence and quotes many decisions sustain ing the city's contention that the verdlot was "outrageous.". He holds that the su preme court decision Is based solely on the answer to one question, "dragged from the witness under a command to answer a question In a particular way, which the witness half a dozen times denied know ing anything about," and In the brief se vere, language Is used In traversing this assertion very fully. Speaking of the language used In the supreme court opinion at one point, "And the . plaintiff might, have done so, too (stepped safely., onto a sidewalk), except for the tipping ef tke walk. Is altogether probable,'', the Dunn brief comments: "Good Lord, yesl Most any old thing Ik probable. But bow about proof? Will Mr. Justice1 Rose direct the attention of this court to a decision, by any court In the land, or to. the language of any text writer, holding that .a verdict may be buh talned, 'whloh la based upon the proba bility that the defect complained of caused the Injury ? 'Let me say, further more that Mr. Justice Rose found none, and that ' the deelslons here cited, which he saw fit to Ignore, state the rule as recognised by every court that has ever passed upon the- question." The brief then-cites a line of decisions In similar cases,- with the comment before or after each one, "Mr. Justice Rose says this Is not the law.'" LOOK AFTER' PERKINS LOTS on "of PoraaeY Barllasjtoai President aaeT Acrlser Will Come In vestigate Property. C. E. Perkins of Burlington, la., son of the former president of the Burlington rail road, 'arid Colonel H.'B. Scott, also of Bur lington, a close business associate of the former railroad man and his adviser In rta estate matters, will visit Omaha Tues day to Inspect lha holdings of the Perkins estate here, i' ... One of the most Important of the Per kins holdings here is the lot on Farnara bet wen Nineteenth and Twentieth on which tiie new Bulck garage Is going up. The estaxe also holds considerable property In various parts of the state and In Kansas. loenterfelt Dollars buy trouble, but a. genuine quarter buys Dr. King's Jew Life Pills; for constipation, malaria and ' Jaundice. Sojd by Beaton Drug Co- DIPHTHERIA JS OVERCOME Not One Kerr Case Develops at Hel ium School since Raid Made on Disease. Htullli Commissioner Connell has made a flulshlng round of the Kellora school pupils, to make sure that all danger Is over. . Tbsre were In all twenty-three cases cf dlptheretio, Infection, mostly nasal, found in that school, but not ons new case has been reported since October a The health commissioner Is now satisfied that his precautions have proved effective, but vigilance Is .not u be relaxed In ths mat ter of looking a f ter, the good health of the schools. "Caa. ha depended upon" Is an expression we all like to hear, and whsn It Is used In connection with Chamberlain's Colic, Cholera and Diarrhoea Remedy It means that It never falls to cure diarrhoea, dys entery or bowel complaints. It Is pleasant to take and equally valuable for children and adults. Sold by all drugglsta. iTUESD&Y 03 n i f'J m r m?$m r n rn Every Tuesday is a day of extraordinary specials. This week's offerings are especially attractive. Women's 50c Union Underwear at 25c and 39c. Fine and heavy ribbed union suits medium and extra sizes two big specials per suit, at Misses' and Children's Underwear at 15c Jersey ribbed, soft fleeced all sizes at, each Women's 75c Heavy Vests, pants and union suits special for Tuesday, at. . . : 15c HANDKERCHIEFS at Zy2c. "Women's and men's all pure linen handkerchiefs all widths of hems; 15c quality 1 Misses' $1.00 Gray Sweaters at 50c. All sizes of sweater coats for misses and children various colored borders and cuffs, at, each Women's $4.00 and $5.00 Skirts at $2.98 Good panamas, fancy cloths, mohairs, etc., in black, blue, gray, etc., at. . . Women's $15.00 Rubberized Silk Coats at $8.98. All sizes various colors make fine raincoats $ special, at Women's $20.00 Black and colors, all new fall at SILKS 2,500 yds. of plain and fancy silks, latest colorings; pop lins, dress taffetas, j s a 1 1 n mescalines, -ifP worth 85c, at OVj Tuesday Forenoon Only in basement 12Vc quality flannelettes for dresses and waists 34 inches wide blue, red, cream and black grounds 1 with black or red figures from the bolt D"0 sT forenoon only, at, yard Women's Shoes Women's White Ribbon Brand Shoes, welt and turn, worth $4 and $5, at $2 BLANKET SPECIAL TUESDAY 30x50-inch white crib blankets fast colored P borders have sold at 50c a pair, at, each 1) 2 Brandeis Stores Invite the Child ren of Omaha to be Their Guests at a Performance by Buster BrownSDogTige At the AUDITORIUM, Saturday, Oct. 16th. Come to Brandeis Shoe Departm't and Get Your Tickets No Charge. OMAHA ADVANCE NOTICE! The Most Extraordinary Sale of AE CKTM EVER HELD IN OMAHA. MONDAY BEGINS NEXT "When Brandeis advertises a big sale everyone in Omaha knows it will actually be a BIO SALE. "Watch for . later announcements. See the wonderful bargains in the Douglas street windows. All the Lace Curtains go on sale Monday. All the Drapery Yard Goods go on sale Tuesday. BRANDEIS KAISER WARM TO UNCLE SAM Gerassr'i Attltade, Says W. F. teecker. Is Maklss Mr. Jkii7 Ball Jealoas. Germany Is warming up to the United States with a friendly interest, according to W. F. Stoecker. member of the Ne braska legislature, who has returned from a European visit. lie says that this at titude of the kaiser's people Is making England Jealous. "While in Europe I had the opportunity to see Orvllle Wright, Henry Iatham and Count Zeppelin, a moat famous trio," said Spores 25c nd 39c 15c Underwear at 49c soft fleecy lined yf.Q TaC 8lc 50c $298 89i Tall Suits at $10.00 styles and materials 10 Broadcloths 52-ln. broadcloth, all Bhrunk and sponged, worth $1.50 and 2.00 on bar- , 95c gain squai at Men's Shirts Men's Negligee Shirts all sixes good qual- lty in. basement, JJJC OCT. 18th Stoecker. Germany Is wrspped ud In Count Zeppelin. Why. I actually aw n. pie in tears of Joy when he landed on the exposition grounds at Frankfort. I saw Latham fly, but Orvllle Wright la the recognised aeroplane man. "Regarding my nomination as a member of the Board of Education. I will say thst this Is a surprise to ms. as I had no am bition to enter Into politics again, but pre ferred to live in peace." Mr. Stoecker's family was much relieved on his arrival Monday. They failed to receive mall from him for three weeks and were much alarmed. This was Mr. Stoeck er's eighth trip abroad. 1 Ra T.MMatas I wit I at witu Quarterly StjU A Glow of Satisfaction from Wearing a Wooltox Coat You will realize that tho "beautiful lines of a Wooltex coat give you such an air of distinction that unconsciously you hold yourself better. It's a joy, too, to know that the material is fine, the lin ings beautiful, the tailoring so mannish that you are willing' to let the most critical examine it. V V TASHION TAULTLESST The Wooltex label is the makers' euarantee of pure wool and two seasons' satisfactory service. A Wooltex coat is so distinctive in style as to look like a coat especially designed for the wearer $25 . QErsJIMEXX'S '"ru a jjaucidiui r mur, buck Bennett's Capitol Coffee, package ... Bennett's Challenge Coffee, pound ... Bennett's Teas, assorted, pound . . . . .Sugar Cane Juice, large bottle H. J. Helns Sour Mixed Pickles, quart Cream C)iees, pound Virginia Swiss Cheese, pound BEST WE HAVE , A TussOay Bale, Walls Supply Pineapple grated, tan BOo Pineapple, sliced, can aoo Peaches, per can 18c Succotash, per can 10c Royal Celery 8alt, bottle ; Bennett's Capitol Oats and Wheat, i i . . 1 1 : i . n.u.i aiivnnc. fjivg. .... Cornstarch, pound Hex Lye, three cans Olives, quart Jar Sweet FJoSiad Peaches, quart Jap Rice,' four pounds Chicken Fsd. pound Spsolal Offrl ten's Graham Crackers supply dlreet from ovens, package And 10 fl Critical Men! Here's Style and Shoe Economy L s Try Drexers $3.50 Special Fnr those men whD feel that they would limit their purse to $3.50 for a pair of Oxfords, we have a special in vitation. Our line at this price is second to none in the entire west. Styles galore old. new and up to the min ute. As for the leathers, we have them in patent colt, ve lour, vici kid, gun metal, box and Russian calf. Some but ton and some lace and some blucher; and, more than this, a staff of expert fitters always at your service. Write for new fall cata logue. Drexel Shoe Co. 1419 Farnan Street. Call Us by 'Phone Whenever you wnt something call Vhone Douglas 238 and make It known thrcugs a Be Want Ad. Fountain Pens 25c Each Ws are overstocked on high grade foun tain pens and want to close them out quickly. All are made of hard rubber.' Chased cap and barrel, fitted with Hkt. gold pens, each lu a box with filler. They make fine Christmas presents. Order olio today, tomorrow they may be all gone. No stamps taken. V. F. Hatch. Box li3. Denver, Colo. 1 TlRTllTil Vams Ta. -.1 Book for rail muiL to 35 Autumn Footwear for Women Autumn Boots, smart STYLE, solid COMFORT. In all leathers all sizes and all widths. Prices $3 $3.50 and $4 a pair. BIG GROCERY .91-75 , . . 88o . . ,18o . . .880 , . .350 , . .900 . .800 and and and and and and and 50 Oreen 30 Green 10 Ureen 80 Oreen 30 Ureen 20 Green 10 Green Stamps Stamps Stamps Stamps Stamps Stamps Stamps Stamps .860 and 10 Ureen CANNED GOODS X,asts, Closing- Out Z.sss Than Cost Strlngless Heans, can loo .Squash per ciin .100 lifted Peas, extra fancy ISo Fancy French Beans I80 2-lb. pkg .100 and 10 Oreen .110 and 10 Oreen .llo and 10 Ureen Stamps Stamps Slajiips 40 Stamps 8So aoo Stamps V .8So and 10 Oreen i 8So and 20 Green '....'. and Tourist Sodas, a fresh' Stamps mm Exchange what you have, and don't- want, for some thing yon have not and do want. Some one if they know ahout it will be glad to trade with you. You can get sometihng you can use for what yon don't want Your home, no doubt, con ' tains many things which are not used, and are simply tak ing, up space, in attio and basement. Perhaps it is n gun, bicycle, trunk, ice-chest, overcoat, etc. There are a great many things which you want and haven't the ready cash to buy. The best way to do it is through a Bee Want Ad By advertising under the head of "Barter and Ex change" you will make a . good trade (or something you can use. You can usually get more in this way than if you sold tor cash. To show what can be done in this way we are making A special price tor "Swaps" rn. for an sd like this for a 3UC week J lines, or 18 words. 7 " time for 60 cents. WILL EXCHANGE Jewel gas range with oven, almost new, for bed room furniture or sofa. Tel. Harney 00u0. SOo for aa Ad tilts This for a Wssh 3 Hues, or 16 Words, 7 Tlmss for 60 Cents. Want Ad Dept., Omaha Daily Bee I . ... 80 10c 1 Special Bargain Bulletin Wednesday Boys' and Child ren's Suits, Silks, Draperies. Thursday Xntlies' Suits and Purs, Laces and Embroideries. Saturday Men's and Indies' Shoes. Bie Sale House Furnishincs and St nvna Monday Big Sale of Silks, Dress Goods, Linens, gains in Bugs and Furniture. 100 New Crown fl F Jewel Suits T Shown Tucsdav,- I I THE RELIABLE STORE Ladies' Underwear at Half $15 New Winter Coats $6.95 A special purchase of 200 handsome new coats just received from our New York buyer, y2, 34 and full length, in the very newest styles; garments worth to $15.00; all at one QO fl.. price in Tuesday's sale, choice VUsUR SKIRTS MADE TO MEASURE $1.50, $2, 92.50, 3.50 Up ; Select any material from our high grade Dress Goods Dept. and we will guarantee you a per fect fit or money refunded. For further particulars call at Hay den's high grade wool Dress Goods Dept. Crockery Speoials for Tuesday 3 Haudled Cups for 10? 3 6 -Inch Plates for 10 6 Saucers, Tuesday lOt? 3 Handled Sherbets 10 3 Colonial Glasses for 10? 3 rolls Shelf Paper lOt 3 Bread and Butter Plates.. 10? Italian Blue Plums On Sale 4 basket cratos Fancy Italian Blue Plums per crate SSo Extra Fancy Colorado Elberta Peaches, per crate : BBo Watch the papers tor our big Annual Kelffer Tear Hale. Haydsn's ths Greatest Market In Omaha - (or Frssh retablss. Fancy Wax or Green Beans, per lb..2Hc Fancy Sweet Potatoes, lit , 2o 8 bunches Fresh Radishes ...Bo 4 bunches Fresh Beets 6c Fresh Spinach, per peck 10c 3 heads Frenti Leaf lettuce Be Fresh Parsnips, Carrots or Turnips, per pound , 2Ho DOSTT FORGET TRY MYDEN'S FIRST Conductors EUlotormeii Able-bodied men, between the ages of 23 and 40, above five feet six inches in height, and well recommended, for permanent positions as conductors and motonnen. . ufc Residents of Omaha and vicinity preferred. ' r '' Apply from 9:30 to 11 a. m. and 2 to 4 p. no. daily, nt the office of superintendent of transportation, 2d floor Merch ants' National Bank building. Omaha & Council Bluffs Street Railway Company Reliable Dentistry AT Tafl's Dental Rooms Friday Greatest Sale Day of tho Year in Domestic Room Watch Thursday eveiiintr pa pers and Gth SL.windows. Furnishings, Suits, Coats at MatchlessTar- See thp New Beauties in Crown wewel .Srita Tuesday, at 925.00. 0 iiuo A big purchase of la dles'. winter weight wool and cotton Underwear secured at a treat bar gain, will be placed on sale Tuesday in two big lots. Greatest snap of the season: lot 1 Ladles Under wear, in vests or pants, ' heavy fleece lined gar ments, regular 50c val ues, pure white, all slses garment S5) Lot 2 Ladles Under-wear--vests or pants, Swiss Tbbed wool gar ments, values to $1, on sale Tuesday at . .40 Extra Specials for Tuesday BLANKET BALE From 25c each to $20.001 pair. COMFORTABLE From 59c each up to $12.50 each. Outing Flannels. 7 ac, J t)o and 12 Ho Eiderdowns, ..2Ac 85c, 4Sq and 00a Flannelettes, 7 He. 9 He, 10c, 12 Ho Cotton Batts, 5c, 7 He, 8 He, 10ct 1219c and up. Comfortable Cloth, So, 7 He and lOo. Every article best made of its kind. Interesting Stove Specials 16-inch Dandy Oak Stove, full nickeled, snap 87.05 6-Holo Steel Range, with high Cabinet Closet, full nickeled, 18 lnch oven, at........ 822.50 C-lnch Stove Pips and Elbows, Tuesday 7s? Splendid Oil Heaters .....82.75 Coal Hods, special ......... 15 and Last of Peaches Tuesday Fresh Denver Cauliflower lb Fresh Rutabagas, per Jb Red Cooking Onions, per lb Fancy Cape Cod Cranberries. Quart ,..lo .. . .20 THO S bunches Fresh Parsley ........ 3 largo Houp Bunches .......... Good Cooking Apples, peck ...... ... .SO . .. .60 .. .16o Z heads Fresh Celery . ... Bo Oreen Peppers, market banket . . Wax Beans, market basket ...... ...20o .iuo Klpe Tomatoes, market banket ... Sweet Potatoes, market basket .... .. .I0Q ...20o Colorado Elberta Peaches, per crat S. .86c Tokay or Raisin Grapes,' per-basket. , .2Bo . . 2f.il Bat- Fancy readies, per Dasket Monday's prices on all fTOoerlss tsr. Cheese, Crackers, to. IT PAYO 'Mi JMja -oo MTIXII ui :,.,.'! -s H .it. p.Mg .,0j if, 'Soom em's, QZP. ioi Euif uisuBuinaq oo-t ji iao ".m'SsiIm!!'..1,,;,' Ti" mum MiMiio HoiYwiHHio xs2