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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Oct. 19, 1909)
THE BEE: OlfAHA. MONDAY. OCTOBER 13. im 3 r vi 1 Nebraska Nebraska TEST OF EIGHT O'CLOCK LAW Validity of Act is Argued and Case Submitted to Supreme Court. EOLEASS EJ 3ALA1IE3 STATS sraklasr U ImrM m, mmt 4.S prosirlmtlwsi Bill Provided for Par Mt of EapUri of tmm aakioat laari. (From Staff Correwpono'eTit.) LINCOLN. Oct. 18. Special T-lt-gram. The fate of Ui a ( o'clock closing law now rests wiLb the supreme court. The appeal of Frank Dlnuxso of Omaha, convicted In the lower eourt of Douglas county of selling liquor after 8 o'clock at night and which resulted In the revocation of his license under the daylight saloon bill waa argued To the duurt today. The defendant waa represented by Weaver & GlUer and the law waa defended by the attorney general and I D. Holmes, who secured permission this morning- to appear aa a friend of the court. In the opaoauun to the law. which they held la unconstitutional, the attorneys for Dlnuaao gave tne following; reasons: B. causa It contravenes section L article 111 ot me constitution which provides ttiat very bill snail be read at large on three differ nt days betore uie house and aenaie: no bin snail contain more man one auu Jeet and no act snail be amended unices ttie new act snail contain tne sections o tnund.d and the aecnuna so amended snau be r. peaied. Bw-aUM tne law contravenes the consti tution, secuon U. article ill. wnicn provides tnai no bin shail contain more man one subject and the fiamu snail be clearly ex pressed in ita title. The amendments to section 14 are not germane to tne subject. It denies tns not-iiMte the right to a trial by jury on uie forfeiture of 111s license or the right of appeal. it provides excessive fines and Inflicts cruei and unusual punismnent contrary to state and federal consul utiuna. It aniendK Lie charters of cities and vil lages contrary to tha cunstiiutiunai re uuirementa. For uia state, tho attorney general con tended tha new act is not In conflict ith the iilucurab law. The power of a com munity to grant a license and regulate the iquor traffic, ha argued, la not mod lr,'ar y "" law.. Tha community, ha arguce does not have tho "exclusive" reg ulation of tho liquor traffic. The attor- ney general contended there la no merit ltl the claim of tba defendant, that be eausa the saloon keepers of Omaha had paid th air license fee. expecting to keep open until midnight, they should ba al lowed to do so. becauaa tha licensee has no vested right In any sense that It cannot be lawfully abridged. Tha punishment, Mr. Thompson Insisted, la not unusual or cruel, in that It la only a Ene of COO. tha revo cation of the license following aa a con sequence aa In alMa.ing a nuisance. . Imatrwaoe Us Saalaartew K. Tho deolaion of the federal court in de claring unconstitutional the bank guaranty act wilt not affect the increased salaries of the office employ? of the Sla,e Banking board. Thinking the secretary to tho board, tha chief clerk and tha stenographer war going to bo appointed by Governor Shal lenberger and would ba prey for the demo crat la state committee In campaign time, tho legislature Increased the salary of the secretary C.00O a year; tho chief clerk COO and tho stenographers fast a year. Tho appropriation waa maila fox these amounts. Inasmuch aa It haa been customary for tha- auditor; to pay salaries according to tho appropriations, tho persons Interested will, if custom is- followed, secure tha In creased' salaries regardless of tho fact that tho act is knocked out. Row Ovev Law atafaraeaseot. Tho city of Lincoln is certainly up against It over tho row between tho legal depart ment of tha county and ot tho city. Aa tho county attorney could not get the support of tho city authorities in hla efforta to clean out tho proscribed district ho haa called upon tho city attorney to do some work m police court. Tho city attorney comes back with tha statement that It is tha duty of tho county attorney to do hta duty In tho police court and tho city at torney Is not required to bo present at every session of tho court. In tha meantime Acting Chief Malone of tho pallca department has hla back up and haa notified tha legal department that hereafter in special cases It will bo up to tho county attorney to issue warrants be fore arrests will ba made. Ho bell eves re sults will not bo aa satisfactory under thia procedure, but as It Is tha wish of tho oxclso board ho will follow this plan for titer present. C I. t. . r. Groaal Laav Tho grand lodgo Independent Order of Odd fallows will begin Its annual meeting In tho senate caaaaber tomorrow and a largo crowd of delegates is expected. The pnni ehamber has beon decorated In honor of tho moating. Tryoot fas Dttaf Temaa. Tho tryouts for tha university debating squad will bo held. Tuesday afternoon and evening In Memorial haiL Tha tryouts are open to tha public. Twenty seven men hava drawn for plana a. Tho Hat of speakers la aa follows: Affirmative J. T.Votova, H. F. Wunder. I. L Rica, P. H. Haldoraon. B. M. Cher lngtun, C L. Clark, a. C. MjaroaUua. E. H. Ft .am ma. aawosaai mi " w You will find it in the BELMONT Arrow Collar U 1 5c. 2 for 25c Chaaet. aSaabody k Cav. Mas ass ARROW CUFFS 25 casta a asai of standard bred horses, the property of W. CII AMB EPJJN, CLAUKS, XEB., to be sold by Bnidatreet Sl Clemens at Grand Inland, Neb TUESDAY, OCTOBER 26th, 1909. Consisting of Stallions, Brood Mares and Fillies, all registered and every one a good ne, the bent of a number of years efforts in breeding. Aik fur descriptive circular, 3V. CILiilBEELLV, CLAEKS, NEB. - H.ihne. A. M. Pbet-l(ler Tueeil Mann. K P Fr-derTK. R. W. ".arret. H. B. Eng lish. S. P Dobha. J. 5. Law !-. Nniil-H. ". Hsthaway. K. P. Snyder. K. .V Jsai-cilus. Raiph M.alm. A. E. Warden. C. R. Rein. F C. Mc-onned. . M. Fieter. H. w. Potter. W. F Wolver ington. D. W. Rogers. C. A. Emery. About flften men will bo selected from tha number trying out who will constitute the squad and will work aa tho question. In about a month tho tryouts for tho team will bo held, only those who are members of the squad being eligible to places on tha team. Tho debates are to bo held on December 10. tho affirmative team meeting Minnsota at Lincoln wHJo tho negative will meet Iowa at Iowa City. W. c. T. C. Cravawtle.au The Woman's Christian Temperance union will begin Ita annual meeting here tomorrow and already a large crowd of delegates have reached the city. Wednes day most of the delegates will go to Omaha to attend the national meeting. At thia meeting a headquarters will be selected for the purpooe of taking an ac tive part In the coming campaign. Skwwtwgr mt laraa. Wa.tea. County Attorney Tyrrell baa Tied a motion with tha railroad commissioners asking tho traction company to produce a 1 flailed statement of Its gross receipts since the merger and for a year before. Ha also aaka the company to place a valuation upon ita beating plant and show ita In come. Coarrearlow of Blackaaaltha. KAuUTINGS. Neb.. Ocu la. (peciaL) A call will be issued within a few daya by President J. W. Edwarda of thia city for a meeting of the state aaaociaxion of blacksmiths, borseshoers and wheelwrights in Lincoln late in November or early In December. This organisation haa grown rapidly in the two years ainoa it waa formed and now haa representation in nearly eery county In tho state. At the last convention It waa decided to havs the next meeting In Lincoln, but President Edwards was authorized to fix tha datea. It ia believed that at least 2S craftsmen will attend the forthcoming convention. Lattawr Caaw mt Cortlaad. BEATRICE. Neb.. Oct. 18. Special Tel egram.) Meivin D. Weiah. a druggist at Cortland, thio county, waa brought hero today on a charge of selling liquor with out a license. Ho was arraigned before Judge Spafford and pleaded not guilty. Hla case waa set for hearing October S and the defendant waa released on COM bonds. okraalua N, SEWARD The volunteer fire depart ment made a trip to the farm of F. E. Wood In automobiles today, where a stack of grain caught fire while being threshed. The stack was burned before tha help ar rived. NEBRASKA. CITY The potato crop Is much larger In this part of the state than any one had any idea It would bo. and the market was flooded with potatoes Sat urday and prices ranged aa low aa S cents per bushel. NEBRASKA CrTT-J-illus Nellsen. a farmer residing ten miles north of this city, met with a serious and p-rhapa fatal accident here yesterday. His team of mules ran away, throwing him out and breaking his Jaw and fracturing hla skull. NEBRASKA CITY R. E. Hawley la erecting monster Ice houses along tho river north of the city. The first stories are o be built of cement blocks and the second story of frame. They will be the largest houses, ever erected in this part of the state, and can be filled with ice direct from the river. GRAND ISLAND Sheriff DunkeJ has another clue to the thieves who got away with two of the finest draft teams in the vicinity a few days ago. but it Is but slight, so far. Two teams, answering ap proximately the description of the stolen property, have been seen southeast of Hastings, and the officials of tha counties nearby have been advised of tho duo. NEBRASKA CTTT Milton, the lS-year-nld son of Flax Hardlrk of thia city, was hunting w'th his father ten miles north of this city Saturday afternoon, and ln dragging a gun through a fence It was dtscharanwl and rh. 1 . ... Km in nis wnsi. ana his hand will have to be amputated. A Missouri Pacific freia-ht train w.- flUMi i brought to this city for medical attention. GRAND ISLAND The members of the North Nebraska Millera' association were called together for a meeting In thia city yesterday, but only about half a doaen appeared and only an Informal discussion to the differentials in rates between Minnesota and Nebraska points, changing the relative nrlce irf wKa iki, laat few vesra. and occasioning a handl- uii .veorasga mining, waa had. No action waa taken. NEBRASKA CITT-Berauso of the lock of help many owners are leaving their apples on the trees. If It should turn coid suddenly much of the lata fruit crop will be lost, because the growers are nn abie to gather it. Help of all klnda haa been scarce here on the farm. In the or chards and about the factories ail fail saying nothing about bang able to get women to do housework. This la the first time that the condition has been ouch aa it la at this time in thia part of the stata. GRAND ISLAND Mayor Henry Schuff has let contracts for the construction of a two-story brick restaurant building oppo site tha ("mon Pacific depot at a total ex pense, without furniture and equipment, of E3.4M. It la generally believed that with ma recant big improvements ln both the large botela and with the additional large reatauranta. tills will give Grand Inland all needed facilities for taking care of the transient trade. The Koenier hotel haa recently changed hands, been entirely remodeled and is a much higher ciaaa hoeteirv. The Paimer House. bought some time ago by Myar jjenuff. la auu under bis direct airaervtMon now. and la a higher claae hotel. Besides these there is a new hooteiry on the European plan and several smaller hotels. Tha Ara-notch" locks the front of a folded collar and makes it alt like this. SEW HOSPITAL IS DEDICATED Two Bishopt Take Part ia Consecra tion of Clarkson Xemarial. ST. EST. F- B. XXLLS7AT7G3 ST2AS3 Win Tw riatol a ftmm wttfc w Maaia j Adsal 1fr tm HsraltwI. ra Prelaatw Wiaas TkaB to "rarity." "Always provide for charity. " This was the keynote of the add de- llvered by Rt. Rev. Frvnk R. Mlllspaugh. bishop of Kansas, at tho dedication of the Clarkson Memorial hospital Monday after noon. The bishop said that it paid in ail ways, and gave several Instances of th" direct monetary benefits which have been der'ved from caring for charity patients. "It Is fitting that wo dedicate this maa nlflcent building on Ft. Luke's dav, be cause it indicates to us that hospitals and physiciana are acceptable to Almighty God. For ten years of my ministry I worked with those who built thia beautiful itm turo and I congratulate you on this splen did pile which Is a memorial to one who waa loved by all who knew him. "In 1K73. when I came to Omaha, the town had S.09J people and the business section wss small. The cathedral waa a barn-like structure, which my horse one j uy mistook for a barn and entered. We then had a union hcspltal on Twenty-third . , . . , , ouniri ainsna, wnicn naa jusi nrni turned over to the women of the church, who acted as nurses and cooks and every thing else. Next year It burned down and then Bishop Clarkson. who had ln mind a hospital for children, secured another loca tion. Of that band of women Mrs. A. J. Poppleton alone remains. "We soon secured that place on Dodge street which we hsve all seen do so much good, not only for children, but grown people. When Bishop Clarkson started that hospital he never dreamed that it would sumo day be housed ln such a struc ture as this. "When you find that a man haa no money be sure and take him in and give him everything your hospital affords, and I promise yon as sure aa t stand here a servant of God that you will be doubly blest. - Haar atsosao forwlafced. Nearly every room ln the hospital is equipped by loving friends, some of tho rooms being in memoriam of others de parted. Among the rooms which are fur nished are the Elks room and rooms by Mrs. Prank Hailer. Mrs. Fred Da via. Mrs. John 3. Brady. Mrs. Charles F. Mander son. women of Auburn, Neb. Nurses of St. Barnabas. Mrs. A. N. Ferguson. Mrs. A. J. Poppleton. grandchildren of Bishop Clarkson. Mrs. Herman Kountze, ln memory of Caroline Bishop. Mrs. Ettlnger. Holy Trinity of Lincoln. Mrs. S. D. Barkalow. Trinity cathedral, the Millard room, W. a Poppleton. Mrs. S. Wakeley. Mrs. M. L. Learned. Mrs. EL L. Bier bower. Mrs. Shan non, ln memory of Rev.. Mr. Stearns and Mrs. Campbell Fair. One of tha moat splendidly furnished rooms is that of All Saints' church. The room la tha southwest ons on tho- lower floor and la furnished complete. Besides regular furniture It has a huge leather I rocking chair, a silver service, an electric fan and Jardlnlers. The hospital dedicatory service of the Episcopal church waa read by Bishop Wil liams and Bishop Mlllspaugh. Tha latter amid prayers on each of the flours and then dedicated the beautiful ohapeL He made hla address In tha spacious hail, aa the crowd was far too large to bo accommo dated ln the chapel. Bea Stanley waa at the organ. Mrs. F. BL Cole, president of the woman's board of managers, made her report, aa did aiso Mrs. Albert Noe. treasurer, and Mrs. Phillip Potter, secretary. Representatives from nearly every Epis copal pariah ln Nebraska attended the dedication ceremony. Loeatloa Aaauiakls. Tho Interior of the hospital Is completed and but a am ail amount of work remains to bo dune on the grounds. Tho hospital is situated on a promontory at Twenty-second surest and Dewey avenue and overlooks ail tho surrounding country. It is high aouve aU surrounding houses and trees and an abundance of fresh air la thua afforded. Sunday the hospital waa thrown open for lnapocuon of the publlo. w-ien a reception waa held and 2.J0 people looked over Uu splendid work of charity which haa beei. wrought by tha women . of tha Eplscopa "hurtth In Nebraska in memory of forme. Bishop Clarkson. For yeara tha Clarkson Memorial hospital waa operated on Dodgi street between Seventeenth and Eighteenu. streets. but need tor more room haa beei. apparent for soma years, and tha present magnificent building is tho result of year: of labor. Mrs. M. A. Zanner Is superintendent o( tho hospital, although tho staff of nurse and the work ln general are now in charge of Miss Frances A. Stone of New Tors, a graduate of the Presbyterian hospital In .saw i or, woo naa come to Unaaha, to assist ln organising the work at the Clark eon hospital. For some years Miss Stone haa made a specialty of organising hos pital work. Mlas M. C. Thode Is supertn- tendent of nurses, who now number eight- paan .li . . . sen. The number will be Increased to from twenty-five to thirty as the need demands. Tho hospital ia equipped to care for aev- enty patients. " """ - PUtlaai.ata Marao Llgat fsatnet. PLATTSMOCTH. Neb., Oct. VL Spe- ciaL) At a apodal meeting of the city councu a contract waa awarded the No-! Deficiency for cor. period, U7.. i. 78 inches braaka Lighting company of thia city to j Bosasrta frowa Stattoaa at 7 P. SL light this city for a term of five years. station and State Temp. Max. Rain Tha contract waa signed by Mayor Safe-! of Weather. 7 p.m. Temp. fall. tier and the city clerk for the dtv and h. Charles C. Parmeie. president of the light- ing company. Sixty electric lights are to bo piaced in the residence portion of tha dtv ,t .n of f- -h .. ... - " "ii- sen gaa lamps are to light tho streets and avenues at an expense of O each, malt - ing a total of TLX per year. Ths city haa been without April L 1W0. aruooai ugnt since wkort at Ciaa4 lalaad. GRAND ISLAND, Oct, 14 -h Special.) Senator Burkett made his first appearance before a Grand Island audi en oa Friday evening when ho addressed tba young people of tho Baptist church and ths public generally. The Baptist young peo ple have arranged a series of entertain ments during the winter and Senator Burkett a address waa one of the number. It waa under the auspices of tho university extension work and It waa mauia plain that the offering taken waa for tha young peopla Senator Burkett making no ehargo for hla aorvioea. Tho lecture waa on The Mew Woman and tha Tning 9 laaiaaoa Will m SEWARD. Neb.. Oct. IX Saward county ahertft and Special.) Th, a trip to MUfard aia) aa loveatigaUoa of taa death of Herman Kurta. have dacided that tho case waa ciaauiy one of accident ana that au icquaat will bo Don't ba afraid to gyve Chamberlain' a Cough Reaaedy to your children. It la ner foctiy aafa Army Man Gone; Behavior Queer Lieutenant Eaniel Sheaa of Sixteenth Infantry Causes Gosiip by Disappearance. Lieutenant Daniel Sheao, Sixteenth United States infantry, haa been missing from Fort Crook and loot to his family since October L when ho left on ten days' leave for the announced purpose of seek ing employment. In civil life. Mrs. Sheen baa abandoned hope of her husband s re- turn and will soon leave to make her home with her parents In New Tork, On the date of tho departure of Lieutenant Shean. Mra. Helen Bucklln. divorcee, a nure who had been ln attendance on the officer's wifo at the birth of a daughter, eight months ago. also left Omaha. Gossip haa attached significance to this fact. Lieutenant Shean said that he was go- mg to St. Louis from Omaha and soon after ba left hla wife received a message from him saying that he had taken a post- j charge on which he wss indicted at the re tion with the Avery Improvement company j cent special session of the federal grand uf St. Lou I a Thia firm name has been I Jurv at Lincoln was of pretending to have found to ba fictitious. The resignation of j palrt to hln distant p,rnB.-ter. Mabel Lieutenant Shean followed closely upon C. Tncssier. the sum of KT for the unar ms message to Bis wire. The resignation haa been forwarded to the War depart ment for action. Mrs. Shean betlevee that her husband I haa gone to Mexico. She places signifi cance, according to her friends, on the co- " " " T" " ' . Shean and Mrs. Bucklln. The domestic re- latlons of the 't-.eans had hitherto been remarkably happy. Mrs. Shean Is the daughter of C. B. Stone, a New Tork stock broker. Her mother Is now with her at Fort Crook. Mrs. Helen Bucklln. the nurse, fs a na tive of Vermont. She came hero from Chi cago a year ago. following her divorce. Lieutenant Shean's military career In cludes service with tho volunteers during the Spanish-American war and later as an enlisted man in tha regulars. He was com- missioned a second lieu tenant in the six- teenth infantry In 13BL At the time of his departure he was adjutant of the Third battalion of the Sixteenth and commander of tha machine gun platoon. COURT ORDER BLOCKS A TAX Clry mt Osaakav aw Defeaaaat and Ptaiariff a Saaaa TsTlaato Tkr(k Twt Dlffeswat reritioaa. Two questions of law and taxes cams be fore the district court at the same minute Monday afternoon, tho city of Omaha, be ing plaintiff in one and defendant at the other. Just aa a petition waa being filed for the city for SL00S against the Chicago House Wrecking company, a restraining order waa being granted by Judge Troup, preventing tho city selling or attempting to sell tho building at Nineteenth and Farnam streets of the Commercial Building com pany. The building Is used for educational pur poses except 17 per cent of tho floor space, and. aa such ts oxampt under a su premo court decision except for tho part used for business purposes. A suit on this vary point aa concerns this building haa already been fought out with tha city los ing. Resasesament ia believed to ba a mistake. . . The suit against tho Chicago House Wrecking company is also a revival of an old matter and tho opposite la true here, tho city having won all along the lino. The Weather. WASHINGTON. Oct. lS.-Forecast of the weather for Tuesday and, WaJDaeday: For Nebraska and South Dakota Fair and warmer Tuesday; Wediusaaay, prob ably Increased cloudiness. .. .... For IowaFair Tuesday; Wednesday, partly cloudy with slowly rising tempera turo. . For Missouri Partly cjoudy Tuesday and Wednesday. For Colorado Partly cloudy Tuesday and Wednesday; warmer ln east portions Tues day. For Montana) Increasing cloudiness Tues day and Wednesday with rain in west por tion; moderate temperature. For Kansas Partly cloudy Tuesday and Wednesday with probably showers, clowly rising, temperature. OFFICE OF THE WEATHER BUREAU, OMAHA. Oct. la. Official record of tem perature and predpiuation compared witn tho corresponding ponud of the last three years: lia. UMl imfT. 1J. Maximum temperature... 51 57 o Minimum temperature 34 4a 34 48 i i Jaean temperature z ai m Pnrc'p,,lu"Jn " T. T a, rrii.pwxi Bit U(w a ill UI 9.:ipiLoMlUU Ut-LaVn UTT0. I from the normal at Omaha since Marci. 1. and compared with tho last two yeara: ! Normal temperature S4 Deficiency for the day lr Total deficiency since March L IM) IS Normal prtK'.ipitatlon Deficiency for the day ; Total rainfall since March 1 .us inch .us ini--h ..24. 4S lriLfie Lfkieniy since M;irch 1. 1HM9 ... l.'jS Inche rerlciency for cor. period. Ui.. 4 tl mi-he Bismarck, dear s 4. t ; Chual'clear1'. . ' Davenport, oear ' t""ver. clear .:. ! Havre, cloudy .. 4C 44 41 .! .00 . .u .() .09 .OS .US at .is j Helena, clear 44 ; Huron, clear .... ' alanaas City, clear s P'"i"; cjr " 4s 52 Bvapld City, clear . 44 4 dt. Louis, cloudy 4 4ft St. Paul, clear 44 . .Salt Laae. clear..... iZ 73 .u V iwniuia. clear 40 4t .us Wllllaton. clear 4S at .UO T ln duatea trave of precipitation. L A. WhOJH, Local s'orecaster. 3r I f It lai 1 L I tfaatsaaaa J Jb Ecst Nafcrratl Laxative Vtaler Haturo'a awn i-atnady- for - Hour. Eeg. . a. m 35 .a a. m m 1 ' I a. m j V, a. m 34 - , ' a. m X -jpCjJr, ID a. m vZir i2 - 4- '?f lD.m a v. 2 p. m 4 fSTiA I p. m 58 m2r? P- m 56 Vji S p. ra . ta'SSi. p. m 4T 7 p. m 4C P- m 44 I p. m 42 Local Bsesrd. eununon ilia, such aa txarpaii ltyaar. uuligsatinn mad diaordaar of tha howoia. Ism aotioa. ia spootty. sure and gsattia. withoat lamvinc any bad after off acta. It ia oor diailar rTfmfnmsiidirl by tba bast iilsiis asd ita extanaivo naa all over the worlU for nearly half a oonturv ia ua boat raoomv Try hi aod Radars for yxauraaaf wham you ouaor froaa CONSTIPATION C. H. SMITH PLEADS GUILTY Plattsmoutli Porfcnaster Acknowl edge SCakin; False Tancher. FETED 05E THOUSATD DCLLA23 Ja4ar VaBaTT Dewlorei Dory tm Iaspnes ei Mow at Risk Stood Coaaososilty. It o4 rh""rr H- Smith, postmaster at Platts- mouth, appeared before Judge T. C. Mot- ln tn TTnit-d States district court and entered a plea of guilty to an Indictment charging him with submlUTing a false snd erroneous account and voucher to the audi- tor of the Postofflce drpartmenf. He was fined IXOnj. The Tne was paid before Mr. Smith and his attorney left the building and Smith was discharged from custody. Mr. Smith had been postmaster of P'atts- ; mouth for about twelve rears. The specific ter ending September . 17". securing her receipt for that amount, tvhen. in fact, ho paid her but TIT). The legal .compensation for the assistant pBtma.ier was ETA for the quarter, and It is alleged he reported this amount so paid In hta return to the auditor of the Postofflce department. Owes taaiataat Big Sons. It appeared upon the investigation of tho case by the postoffice Inspectors that Post master Smith was indebted to his assistant postmaster ln the sum of tL.'SS for money so withheld during previous quarters, but that ln January. UXA. he had madir over to Miss Tressler tl.m of telephone stock In liquidation of her claim, before the case had got to the federal courts. The statute of limitations ran against , gji the claims except that of the quarter j ending September. UWS. and Smith waa dieted onlv on th.t .r,-,fte charge Mr. Smith pleaded not guilty to the first ! oount of the indictment, which charged I him with embexzlement. but pleaded guilty j to the second count, charging him with submitting x false report and false voucher. A coincidence ln the case was that Mr. Smith s attorney hi the case was J. B. Strode of Lincoln, who, aa Congressman Strode, twelve years ago waa instrumental ln securing Mr. Smith s appointment aa postmaster at Plattsmouth. Stlade Soya a Ward. In making a plea for extenuation for his client. Mr. Strode said; "Tha offense was but a technical one and Mr. Smith haa already suffered greatly in tha deprivation of his office, which earrtes a salary of CX. He voluntarily made the difference good to Mlsa Tressler before tho case waa taken hold of by the postof fice Inspectors." Judge Munger. ln sentencing Mr. Smith, said: "Thia is one of the saddest things that falls to tha province of a judge. In passing sentence in a criminal case, par ticularly on a man standing so high aa you hava in your eummunity for these many y SALTY ORDER OF PRETZELS WILL ENLIVEN CONVENTION Bakers of NobsauaiLa Hne tor Tana-Day Statewide arheTtag. ' k - Tho Salty Order of Protasis will have a llttle session in Omaha in connection with the three-days convention of the Nebraska Aaaociaxion of Master Bread Bakers which begins at the Rome today. The Salty Order Is not a Joke., but a side dlshi ao It were and lis purpose is a good time and tho uplift of tho brimming bowL William Korn of Davenport, Ia., la the Big Twist of the order. Tho convention proper will have in at- tendance William Weeks of Los Angelas, president or tha National association and former president. Simon Hubig of Cincin nati Three hundred Nebraska master bakers arc expected. 3 T HALF-MINUTE STORE TALK ' Looks and price the two most deceptive tlilnga In Tho worid. are Wist guide most men In buying clothes. A poor suit eften lix'ka good and a g-xxl looking stilt is often marked at a cheap price, aupar ently but. It la what a suit is. not what It looks like that determines its value. When we guarantee that our clothes are aa good as they look It shouldn't take any one very long to find out who sella the best clothes In town for the money. THE JEW ... "Till. HO.HJa UK 14CIUII CLOTHED. Your Wirpitep Underwear Time to put It on right now, but first of all. choose It csrefully. Don't go Into the first store you see and say "Under wear' Come In here and tell one of our salesmen. "-I want to be. fltsd with un derwear." We are just as careful to fit you with underwear as with outer weHr. and carry a great line of variously fash ioned garments for variously built men. We jlnn't sell the sume garment to a slender fellow that we do to a stout fellow, or vtci versa. Sliirts and Drawers 50c car. lldon Soils $1.03 up XsttM of men dislike woolens because of their tendency to shrink. We will seil you perf.ct fit ting, ail wool, namrnl gmv. underwear at Jl.iio and H ...I a garment and positively guarantee it nut to shrink in washing. J1S Ml.llln " KING IN OMAHA FOR VISIT rob arkwarta. Ft BBiaelaarfaBt. Hera Tim Slace rare of fwr rii 1 . Ti w ' j Joseph S. Swart, known aa the ma- hogany king, who was a familiar figure in Omaha during the Trans-Mississippi ex- ! position is making a visit here, his flrsl since the close uf the exposition. During the fair Mr. Swarts was flagman under F. D. KJrkendulI and had charge of ail spec ial decorations, such as the banquet hail where President McinKley spoke. Since the exposition Mr. Swarts haa moved to San Domingo, where he Is en gaged in the mahogany business, import ing to the United States. "Omaha has made a permanent expos ition for Itself since the close of that former fair." said Mr. 8 w arts. "Tha peo ple are all busy and the city haa grown in a way of which all should be proud. The city itself is a notice to the outside ! world that it needs no more such expoal- j tions to make Itself known, but will draw pople to it by It. own fore Omaha, Just as always, has an open door for all who want to come to reside within Ita gates, and it always will have. It haa become ttle hub- ' radiating and distributing ! point for the west. Any proposition can mw a go here, ror Omaha has a magni ficent emintry back of it. I may. myself, return to make this my home in the fu ture."' Mr. Swarts came here from Texas and ia enroute east. He has just closed a con- tract for i0.tfa railroad ties to be brought from San Domingo. The properties he ! holds are his own and have a large variety of hard woods which are sent to all parts of ths world. 1 'During the last presidential campaign Mr. ' Swarts came to thia country and did all he could to promote tho interests of Mr. j Taft for the presidency. Ho says that he ' did not do this Work aa a politician, but as a fritnd who thought he waa doing the best he could for the country. Mr. Swarts has been the guest of F. P. Klrkendali. G. W. Wattles and Joseph Hayden while in Omaha. AS a" ss a- "AS How many homes have yon paid for? Stop and figure this out: If you pay thirty dollars a month rent, for one yar it amounts to $2tt) for ten years it amounts to $3.X), enough to buy a good home. Every ten years you pay rent you pay the man who owus your home just about what he paid for it , . Now we will tell you how you can own your own home. Thurs day the real estate columns of The Bee will have a large list of choice homa bargain that can be bought on the easy payment plan a small eash payment down the balance like rent Buy now while the prices are low. Thursday is home day STORE. . F It. Uil - -i . ' ' V si6o?ojf able Water Aockiee to yml home. rive galloa bottles Me, Tel. Bongtso 0O. SCHOOL days are the days when most of the im- rortant habits of life are ormed. Teach your children the daily use of Dr. Lyon's PERFECT Tooth Povdor j jJ tKcy SOTZC cW IBC tO i ,, J " - call you blessed. It cleanses, beautifies and preserves the teeth and imparts purity and fragrance to the breath. IMMIGRATION AGENT IS CUT Seentary Naacem Ke-aaawee Daalel Da view Benatoso of Overeaarareo to Detaaiaed Persona. WASHINGTON. Oct. IS. Secretary Nagel today, on recommendation of tho commission of irrigation, removed from of fice Daniel D. Davtes, lmmigntlon in spector in charge ax Chicago. The action of the secretary waa bused upon informa tion which had come to him that Mr. Davies had made over-charges in connec tion with meals and attendanca furnished to detained immigrants. i it U : y i. I I IV J t II ft 1 iaX? lNtumj'y M 1 f a a -r.o ? V Cfl. i "wnn'i.nujw,w GqldMedal V, Flour Os Alr-" iJla-s, Hi1. V