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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Oct. 20, 1910)
TIIE TIKE: OMATIA, THURSDAY. OCTOHFJi -0, 1010. MACHIHES SOT TO BE USEB n HininnnnBiiiini m m n r n 12 una Ei-n 1 11 1111 " l in l Mi , li - Biff """ """V"" "" , v 1 j" S "V'""" S 1 Ton Vmi ii i r i - - - - - - - W iW?W toontj Clerk Decide, it Would Ee Illegal to Use Them. tt ACTS ON LEGAL ADVICE Oplalna by A. V. Jrffrrla ami John I". Rrrra la tiled fr thr rnaMlon II Takea th rout ing Klcetloa,. I'5ln hie fleeiolon upon a written opin ion by A. W. Jrfferls and John P Pren. in which they hold tha ui-ft of vottna. ma chine at th November election Imprac ticable and legally Impossible and question the legality of the use of machine In any circumstances, County Clerk D. M. Hav erly decided Wednesday tliHt the votlnK machine shall not be used at the elec tion. The votes shall be cat by the Australian ballot. A further reason for Haveily's decision la that K. E K. Hiclcway, custodian of the machines. Is planning to add to them attachments that he believes will servo the purpose of Increaslntf their capacity so that they can carry the official ballot, which 4bey could not carry unless tmnt chanaa were made. Havrly doubts the possibility of channInK the machines and believes It nut unlikely that tampering with them mijht place them so far out of adjustment that they would fall to work properly and the entire election would be inexai. Spnaktnir of the voting machine matter, Mr. Haverly . aaid: "When these petition nominations were filed It appeared doubtful If the machines could.be used. I realised that the matter was an Important one and determined not to act without legal advice. 1 did not ask this advice of the county attorney's office because I did not wish to embarrass It. I asked an opinion from Jeffcds and Bieen. I base my action on their opinion and also on the belief that the tampering with the machines which Is planned in an effort to enlarge or Increase their capacity mlht put them out of working order. I think also that the machines. If tampered with, could riot be legally used, as after changes had been mailt) or attachments put on they' would not be the V'nitcd States standard voting machines authorized by ilia legislature." Oplnloa'of the Lawyers. The opinion of A. VV. Jefferla and John P. Ureen follows: Hon. 1). M. Havorly, County Clerk, lioug las County. Nebraska 1 icar Sir: VVe sub mit to you our opinion as to the ton Mtiunlouallly of our voting machine low and the proposed urn- of the United States standard voting machines at the coming November election. We believe that the use of said machines is, under the conditions now existing, Im practicable, ami legally impossible, be cause, as we are advised, there have been duly filed with you as county clerk peti tions nominating four persona for the office of I'ounty attorney and five persons for the office of county commissioner for "short term" in addition to the regular purty nominations for said offices. Now, as there are five political parties having regular state, or state and county nominees, thl year, it is obvious that five party horizontal lines, each bearing a party label or party designation and five party levers upon said machines must be given ud to. or devoted to. those five political parties and their nominees. This leaves but two liorlionlal lines upon the machines which can be devoted to candi dates "by petition." We are of the opinion that eni'h one of these petition candidates is, under the law, entitled to have his name appear upon a horizontal line labeled at the extreme left of the machines and In the column used for party designation, "by petition," and to have his name in serted on such horizontal line directly be neath the party nominees for said offices and In tha perpendicular columns or vertical office rows labeled at the top, respectively, county attorney and county commissioner, short term, fur It' must not be overlooked that a nomination by petition is oneof the methods authorised by law, and Hence a person so nominated In entitled to have his name so placed upon the official ballot or voting device as to enjoy precisely the same facilities for voting for him that are en joyed by party nominees for the same office. The foregoing views aa to the rights of petition candidates upon the voting ma chine are not new or partisan views at all, for in the city election of 1W9 and on the ilth day of April of ii.a; vs,- a ciemo ciatlc. council passed, and a democratic tnaor approved, a resolution finding and resolving that It was impracticable to use these voting machines at that election for votlns for the offices of members of Kire and Police board because of the filing of a number or petition candidates Tor sorli offlcea. and directed the city clerk to pre pare and use paper ballots at Maid election for boih regular tiarty am petition candi dates tor those offices; but in the case nf Craig, et al, against Uutier. et al, our district court held that the proposed action of tho city council and city clerk In thus attempting to place a part of the ticket on a paM.r ballot and a part upon the voting ' Jiiavhtue was Illegal, and. as both parties to that case then conceded that the use of . th. machine for tho whole tcket was im plant icabia. the court directed the use of the paper ballot for the whole ticket. It seems to us you are bound now by that holding 6f our d strict court to tine tho Paper ballot for the whole ticket, for the conditions confronting you now are pre cisely similar. Moreover, we are of the opinion, based upon recent court decisions of the vry highest order, that our voting machine law and the Use of the particular voting nuveli ne furnished for our people are in conflict with and prohibited by the fo. lowing provisions of our state constitution, towjt; Section it, article 1. "All elections shnfl be free and there shall be no impedi ment to the right of a iualified voter to everclnj the elective franchise," and sec tion , article 7. which provides. "All votes ball be by ballot " Verv truly ours. (Signed) . A. W. JKFKFH1S. JOHN P. HKKliN. Attorneys. . Hoard Waala Machines. rvclarlng that he and County Commis aloncr Bruning and. liedford can find noth ing in the law which authorizes the county ch rk to decide by what methods elections hail be held, CoJtity Commissioner Pli kard made announcement Wednesday afternoon that the Hoard ,o(. County Commissioners will order County Clerk Haverly to use voting machines at the election next month If a test of a machine readjusted to meet the demand;! of the enlarged ballot is suc cessful. The announcement was made after, Vickurd, Urunlng and Hedford had con ferred over the county clerk's announce ment that the machines will not be uted. "The clerk lias no authority to decide Xhn matter," said i'lckard. "In a day or tw we will test the rnuchine that Mr. Kldgway is fixing and if it works all right We will order Mr. Haverly to use the machine. It i Ma business to carry out the board a orders. If be will not do no we' will huve lo a&k the court to make him, I suppose." BOHEMIAN SERIOUSLY HURT i rollce IMrk t p Jim Khlera la Bleed lag CoadtllOB) from I nknotva Aeeideal. Buffering trom a tarloua gash across the tack of the head, a man who appeared to be a Uohtmian and gave his name as Jim Khlcrs. was picked up by tho police at Tiditeenth und 1hh1 streets Wednesday piKin The Injured man was unable to talk plainly enough to explain how he had re ceived his hurts. While wailing for the ar rival of a police surgeon he lost a quantity Cf Hood. Extraordinary Purchase and Spe cial Sale of Women's Fine UNTRIFMED HATS All the new small shapes, Mack velvet riins with red or Royal blue satin tops, also solid colors including black, many large velvet shapes. All the ultra stylish 5 jura siyiisn a g v argr a n W&JJx inall shapes Sill for fall, all ready to trim The 'most extraordinary bargains in newest styles untrimined lints that were ever offered at Brandeis Stores. WORTH $3.00, $4.00 and up to $5.00, Thurs day, Second floor, at . $169 m mmn 1 W PeHUlWi i h i terijf 'oil ! I .Mf' Special Purchase From a New York Maker, Hundreds of Stunning One-Piece Dresses Most popular and fashionable dressps of the season, voiles, striped pananiHR, French serges, worsteds, broadtioths, etc., blacks and all of the favorite colors, scores of new and pretty styles, many elaborately braided, strap ped and button trimmed. Others plain tailored. Remarkable chance at the be ginning of the season to buy smart, new wool or braided satin .' dresses at about one-half their ,real value. ACTUALLY WORTH $15, $17.50 AND $20.00 EACH, IN ONE BIG LOT AT ssi Warm Underwear Children's Vests, Pants and Drawers Heavy fleeced and medium weight; also camel's hair wool, 9ff Ql extra good quality; worth up to 75c, at. Uum0v Children's Union Suits Fine ribbed cotton fleeced lined, in cream, all sizes, worth 35c, at 19c 49c 69c Women's Vests, Pants and Tights Swiss ribbed, also fine libbed fleeced lined cotton, all sizes. . . , Women's Union Suits Fine ribbed fleeced lined cotton suits, all sizes, worth 89c, special Munsing Underwear for women and children union suits, vests and pants medium and heavy cotton, part wool and all wools, at 49c, 98c, $1.50 to $2.98 THURSDAY IS CHOCOLATE DAY Those delicious bitter sweets with those soft, creamy centers, pure crushed fruit and choppped nut centers, regularly 4 0c pound, Thursday only, at, pound BRANDEIS STORES I a l jnaxi wraniiaif win di a A.tvr xay. m rj I j I limimbtr to coma and brltiff your book tan B ff J jS I 8. ft X. Tradlnr Btampa Tx: Yf n a u B ii It's High Time to Buy the Boy a New Winter Suit Specials for Thursday Only $3.50 values. . 81.98; $0.50 to $8 value $5 All boys like good looking jg clothes, and yet all boys like .o play hard. This has been a ques tion hard to solve for boys' clot hi s ? manufacturers. Rut now they are H really harvesting the fruits of their labors. We are offering a genu Xk Ine bargain for Thursday only, of Just these kind of boys' suits. " Double-breasted coat, extra well ' lined, In all this season's shades, with Knickerbocker pants. Theso 3 suits are wonderfully well built and are genuine bargains at m m $S.f.0; for Thursday ouly,0. AO Bennett's selling price Ail oui uupiex Milts, lroin b.au to $8.00, with an extra pair ot pants, guaranteed to give a brim ming measure of service and sat isfaction; Thursday only, Dennett's price D This is Certainly the Original Sweater Coat Weather You can't afford to be without one at this price. 1 BOO Swaatar Coata Sl7.es from . Union Bait Bpaclal Men's regular .16 to 44, all HliHdes regular 1.00 for Thursday only one day 98c ll.fiO (rrade, heavy cotton rihbeJ union suitH special ror inurs- day only Sl.OO Our Velvet Suits are m s Creating a Fashionable Hit 5 D t! n i i : B i I B a c B K n B H a ii a B The original "Man's Store," Sells a "dependable" shoe, ' Shows a leather, a shape, A style to suit "YOU:'' Th J At $2.50 and $3.50 a Pair Regent Shoe Co. 205 South 15th St Yes, velvets are the fashion's iatest producfion, and as In all other branches of ladies suits, Bennett's leads all Omaha stores. We have as pretty an assortment of these new velvet suits as it is possible to gather from any New York garment house, and a comparison of tho quality of fabric and price you will always find It economical to pur chase your new fall suit here. f. l hi nr tjui wun du-incn Jacket, trimmed with silk her cules braid, skirts plain gored effect and trimmed with two rows of wide silk braid at bottom to match, trimming on Jacket, lanorea 01 rare quality in A (IP velvet, in black, navy, red, SaiI VKLVKT Sl'ITS Made in the fashion's dictated length Jacket, 30-inch ' model, with gore flare skirt. The jacket Is beautifully lined with satin. These suits come in black, brown. green and purple shades, at 29.50 brown, purple and green. ii IS H !U s a Ti'.; d a n a ,; mm u n . m:. b . ' ; ..'"B " One Day Sale of Small Sizes in Women's $3.50and $4.00 Shoes; sizes 2 to J f. 4, widths AA to P 1 1 VUJ, C, Thursday J9Jry These shoos nre our regular $3.50 and $4 shoes but in small Mzes. They come in gun metal calf, button or lace, as well as patent colt, button or lace. To those who can wear small shoes we guarantee an actual saving of from $1.50 to $2.00. B B B B ! Bi i B :! I i B r.f j SOr.lE CLOTHES LOOK SHABBY TOO soon Few people take proper care of their clothes. They let them get send them to us occasionally for send them to us occassionally for a scientific cleaning. It is won derful how we put -"new looks" Into shabby clothes or clothes ap proaching shabbiness. Figured correctly it Isn't an expense, either. Proper care of clothing makes It last much longer, hence should be termed as economy. We also make all kinds of al terations and repairs, put in new linings, put on silk or velvet col lars and cuffs, new skirt braid and new 'bands, etc., at reasonable prices. THE PAUTOniDT.I "tcod Cleaners and Dyers" tSVi JONKS STKKirr, K1THKK l'HOK. .' ft lJr4 la a Kira or bruiKl by a fail. iply Hurklrn Ai nU j t-alY. Curra bui na. ouiula, lura. t-ciema, pTra. UuarantceJ. 2m:. Kur aata by Beaton l'rif Co. DcntlGtry At W Tali's Dental Rooms Built on Honor HOE For Misses ani Children For the real built on honor shoes for misnes and children, there is no store in the city to compare with the Drexel. These particular shoes are a specialty with us, and we take pains in the fitting. Bear in mind, when we tell you of these shoes. They are not tho ordinary shoes, but genuine welt solos, very flexible, no wrinkles in the lining to tear the hose or cause discomfort. There are many other points in these shoes, but we leave It to you to see for yourself. Sizes and prl'-es range: 5 10 .''. 81.75 'to u 82.00 1H o 2 82.50 Young Women's, 2 V to 6-83.00 Drexel Shoe Co. 1419 Tarnam St. THE KOYAL AJJK1M The Royal Aeoni is without doubt the greatest heat giver and fuel saver known in hard coal stoves. The Acorn double heater used in this stove is the most powerful known and adds fully one-third to the heating capacity of the stove. The draft system is patented and the control of the fire is thereby well nigh perfect. The beautiful silver fin ish nickel is fitted to the stove with out using a bolt and can be removed and replaced in five minutes. We have over three thousand written tes timonials from Omaha users of this wonderful stove. Certainly you can not afford to buy before you see our stoves. Base Burners from $'J5 up. Cole's Genuine Jlot Blast $10 up. We sell lor cash or on easy payments. JOHN HUSSIE HARDWARE CO. liK)7-Oi (timing Kt. "If you buy It of Hnssle It's right." U 1'. 8. .Still selling the Great Majestic lUnge. Mm mm V ROYAL ACORN k 5 Compare for yourself Agency for lr. Heed'" Cmliionrrt Jl Shoes for Men and Women. J. J23aI3a!aS335 All housewives WHO SAW the "TRIPLE-TRICK" ROASTER COM BINATION under, actual service conditions at tin Omaha Gas office rewntlv were AMAZED to see,, tin- marvelous and hitherto unknown top burner possibil- U ities.made available by the aid of this wonderful and many-featured kitchen utensil. to see, for the first time in the history stove cooking-, the BROILING or TRUE roasting principle successfully applied to the heavier cuts of meat. Astonished 0f Delighted to find it possible to Roast Meats OVER ONE SMALL TOP BURNER of their Rs stoves without BASTING, WATER or SMOKE, and with no stooping, lifting or heat discomfort. Convinced by the evidence of their own eyes and taste that MEATS small roasts or " large can be roasted without losing half in bulk and appetizing flavors it BROIL-ROASTED instead of baked or steamed in tvens YES, and kept hot for HOURS if needful without drying or burning THE TOASTING, WARMING and STEAMING features of the "TRIPLE -TRICK" were seen to be possible with but a Fraction of the Gas required to operate the faulty constructed appliances in common use. THE IDEA that a MEAT ROASTER cocldr in addition to .the features named, include all the advantages of a Baking Oven, except the Flour Food functions, was so hew, so unique, that people actually wanted to know if they couldn't -bake bread, biscuit or pies in the , "TRIPLE-TRICK", too. IT WAS CAREFULLY EXPLAINED that the "TRIPLE TRICK" is constructed on the scientific principle of i BROILING OVEN and would be a failure for foods made of flour, as would the Gas Broiler of their stoves. MEN and WOMEN alike were intensely interested and overwhelmingly convinced that CooUino Wilh Gas UTX nandal reach of every family in Omaha if the full value of its heat units is utilized, as is emphatically the case with the "TRIPLE-TRICK" COMBINATION ROASTER, TOASTER, WARMER, STEAMER and SAD IRON HEATER, The "Triple-Trick" Roaster IS The Bee's Newest Premium 1 HOW TO GET ONE-r Subscribe for The Evening and Sunday Bee, and pay 15c a week for six months. This pays fpr both the paper ' and the roaster. ' , and leave your subscrip tion, or phone Tvlor lOOO and our representative will visit you. M Call at Bee Oliice TECHNICAL WORLD MAGAZWE Measure The Bee against other local papers in respect of quality as well as quantity of timely news and interest- ina articles fmm dny tr rlsvt TU n' D..".'j; "71TLr,r"'"':r.'1 Order Your Paeonies Now-Ifs Planting Time oui iwi n,y win ul 'ivmvnsiratea - - - n T 1 111 I II III Tl II II Mai RE AD- Seven Day. Slaves of Steel 20.000 workmen who never rest Fifty Millions a Day How one state makes Its people rii b; Fresh" Trail to Santa Fe ; New Stampede for Gold LoTigest'oiitomobllo boulevard In I Fresh discoveries in Alaska which .the world. 1 dwar( Klondike '. IX NOVEMUUK lluy It Today On Kvery Now Slaml. 15 Out I Cuarantaa Ta Cur all Kactal Dlaaaaaa Tltlr. m.K i.ifl.L iFr.illt. 1.1,1 u l.tl My l n, U, In ejltlwly riiilt-.i l l:--t . I I Iwtt-R t'Uie la (Ultk, late tUid kruil lor ort-uui'. ru,lu1lltrt..,li,. EXAMINATION FREE PAY WHEN CURED If I i..-it your r J if" r.n n-atiirt 1'. Hi. uui. ( nuld PEKMaNEHTLT tuntu Wlinuui u, ,u ,. ,ni ,,,M tt xmhouiuIh In.m n.nr lfjouiv OPFK1TIQN. CIILUHOFOKM. ETHER ,..M. ir-r ..n.l r.n't r.ll .jlr n c- 1- .!. . C . .1 II l..n . I l. . . . . . . . . ...cciuciu, Ir t . I imw.-.l c a liuuv C,..t tlA Ulil. Il..h al. n trmv&;?-fy n. ay IT ' ' mMTtf vWP-'aav tW(iraat .ipa n mmf ra SSBaS TIib M-U BesI iir Sill? Aak tor Our Bsaoiai rul Calio-u by Taiapuona or jruatat. U , cumpiaia Paauuy book contain piaiiiinji iikii ucttuna ana xecurala licact ipliuii l a. I our baautlful varluilea and pi lit a. utliar biunta for rail iianun( ara ltieluui. VV will mull it at one. Voacuga uaad bo ba nt. PalKarlaa to your ramdanea, fraa of obarfo, If yon Uva In Omaha or Council Bluff a. F. W. MENERAY CRESCENT NURSERY COMPANY, Ftaonaai BU 872; lad. 613- Slat at. ini Aw: A Council Bluffa. low il y a aauiiaiHUf ".jj, aataaaal h'Ks iiuptuie of nifn. Moinea unii ('MIdiFii tun 1 rurei, In H few Uhvh hiuioui frical oeratloJi. luc of time or pulu. I'he rout in ifi.vcri.ed hy ih s:y.a f tlii' rupt.ir ' u,eniiiti lo cl,el Tiia money may lie d-oaiteij In ome (in.nlin liuult In tnv i,Hine of Ilia jiutletit .r uuuriliun, not to le ai I until 11, cure u t-omiiltou . 't'l "nj.i'ni.s of ruplurirt people li.ve uct:leil IheHa tenoH uui um t lie lai!i lo ears unl all hks t otti plelly aatUlierl. U rile or call lor further Information. Dt, TB.AHK H. Vnr Sua Baa BuUdiiif, Oaulit J a) I t